PISMO BEACH COUNCIL AGENDA REPORT

Transcription

1 PISMO BEACH COUNCIL AGENDA REPORT Agenda Item #5.A SUBJECT/TITLE: MINUTES OF THE DECEMBER 15, 2015 CLOSED SESSION AND DECEMBER 15, 2015 REGULAR MEETING RECOMMENDATION: Adopt Minutes of the December 15, 2015 Closed Session and December 15, 2015 and Regular Meeting. BACKGROUND: Attached for the Council s consideration are the draft minutes of the subject meetings for review and adoption. FISCAL IMPACT: Not applicable. ALTERNATIVES: 1. Adopt the minutes with revisions. 2. Decline to adopt the minutes; provide additional direction to staff. 3. Decline to adopt the minutes; request additional information from staff. ATTACHMENTS: 1. Minutes of the December 15, 2015 Closed Session 2. Minutes of the December 15, 2015 Regular Meeting Prepared by: Erica Inderlied, City Clerk Meeting Date: January 5, 2016 City Manager Approval: Council Agenda Item 5.A Pg. 1

2 Attachment 1 DRAFT MINUTES CLOSED SESSION Pismo Beach City Council Tuesday, December 15, :00 p.m. The City Council of the City of Pismo Beach met this date in a closed session in the First Floor Conference Room, City Hall, 760 Mattie Road, Pismo Beach, California with Mayor Higginbotham presiding. CALL TO ORDER: Mayor Higginbotham called the meeting to order at 5:00 p.m. 1. ROLL CALL: Present: Mayor Higginbotham Mayor Pro Tem Waage Council Member Blake Council Member Howell Absent: Council Member Reiss Staff Present: James R. Lewis, City Manager David Fleishman, City Attorney 2. PUBLIC COMMENTS: Mayor Higginbotham called for public comment. There being no one wishing to comment, Mayor Higginbotham closed the public comment period. 3. ANNOUNCEMENT OF CLOSED SESSION ITEM Mayor Higginbotham announced the Closed Session items listed below. Item 3.A CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (d)(1) of Government Code Section ) Name of Case: Central Coast Development Company vs. SLO LAFCO, et al., Superior Court Case No. CV CLOSED SESSION REPORT Mayor Higginbotham announced there was no reportable action on the abovelisted items. Council Agenda Item 5.A Pg. 2

3 Attachment 1 ADJOURNMENT There being no further business, Mayor Higginbotham adjourned the meeting at 5:17 p.m. APPROVED: ATTEST: Shelly Higginbotham, Mayor Erica Inderlied, City Clerk Council Agenda Item 5.A Pg. 3

4 DRAFT MINUTES REGULAR MEETING Pismo Beach City Council Tuesday, December 15, :30 p.m. The City Council of the City of Pismo Beach met this date in a regular session in the City Council Chamber, 760 Mattie Road, Pismo Beach, California with Mayor Higginbotham presiding. CALL TO ORDER: Mayor Higginbotham called the meeting to order at 5:30 p.m. 1. ROLL CALL: Present: Mayor Shelly Higginbotham Mayor Pro Tem Edward Waage Council Member Sheila Blake Council Member Erik Howell Absent: Council Member Mary Ann Reiss Staff Present: Michael Draze, Interim Community Development Director Nadia Feeser, Administrative Services Director Benjamin Fine, Public Works Director/City Engineer David Fleishman, City Attorney Debra Garcia, Management Services Director Erica Inderlied, City Clerk James R. Lewis, City Manager Other staff present as noted below 2. PLEDGE OF ALLEGIANCE Mayor Higginbotham led the Pledge of Allegiance. 3. PRESENTATIONS Item 3.A: Presentation: Thank You from Happy Time Preschool Students Nita Oates, Happy Time Cooperative School Director, thanked the Council for its support; commended City Manager Lewis and Public Facilities Manager Billy Haas for their work. Council Agenda Item 5.A Pg. 4

5 Item 3.B: Presentation: Pismo Preserve Status Update by Kaila Dettman, SLO Land Conservancy Executive Director Kaila Dettman, Land Conservancy of San Luis Obispo County Director, and Jorge Aguilar, Wallace Group Principal, offered a presentation regarding the status of the development of the Pismo Preserve project. 4. PUBLIC COMMENT PERIOD Mayor Higginbotham called for public comment. Paul Jones, Pismo Beach, commented on the positive benefit of recent rainfall, and current holiday observances. Peter Maly, Pismo Beach, thanked the Land Conservancy for its efforts on the Pismo Preserve project, and commented on the need for additional recreational facilities in the Mattie Road area. Don Day, Pismo Beach, commented on the need for a joint workshop regarding Inn at the Pier project, to assess and plan for its impact on the Downtown area. There being no one else wishing to comment, Mayor Higginbotham closed the public comment period. 5. CONSENT CALENDAR Mayor Higginbotham called for public comment. There being no one wishing to comment, Mayor Higginbotham closed the public comment period. Mayor Higginbotham requested that Item 5.H, Award of Contract for Fuel Tank Project, be pulled for discussion. Council Member Blake requested that Items 5.D, Second Reading of an Ordinance Regulating Expanded Polystyrene (Styrofoam) Products, and 5.E, Approval of Final Map and Subdivision Improvement Agreement for Parcel Map PB ; 341 Stimson, be pulled for discussion. Motion by Mayor Pro Tem Waage, seconded by Council Member Howell, to approve the remaining Consent Calendar items. Motion passed 4 0 by roll call vote. AYES: 4 Mayor Pro Tem Waage, Council Member Howell, Council Member Blake, Mayor Higginbotham Council Agenda Item 5.A Pg. 5

6 Item 5.A: Minutes of the December 1, 2015 Closed Session and December 1, 2015 Regular Meeting Recommendation: Adopt Minutes of the December 1, 2015 Closed Session and December 1, 2015 Regular Meeting. Item 5.B: Approval of Payroll Register and Register of Demands Recommendation: 1. Approve the Summary of Payroll Register for November 29, 2015; 2. Approve the Register of Demands for November 25, 2015 and December 4, Item 5.C: Monthly Activity Reports November 2015 Recommendation: Receive reports as information only. Item 5.D: Second Reading of an Ordinance Regulating Expanded Polystyrene (Styrofoam) Products This item was pulled from the Consent Calendar for discussion. Item 5.E: Approval of Final Map and Subdivision Improvement Agreement for Parcel Map PB ; 341 Stimson This item was pulled from the Consent Calendar for discussion. Item 5.F: Approval of Final Map and Subdivision Improvement Agreement for Parcel Map; Coburn Lane Villas Recommendation: Waive the reading of, and adopt, a Resolution approving the Final Map and Subdivision Improvement Agreement for Parcel Map PB , Coburn Lane Villas. Motion by Mayor Pro Tem Waage, seconded by Council Member Howell, to adopt Resolution R , approving the Final Map and Subdivision Improvement Agreement for Parcel Map PB , Coburn Lane Villas. Motion passed 4 1 by roll call vote. AYES: 4 Mayor Pro Tem Waage, Council Member Howell, Council Member Blake, Mayor Higginbotham Council Agenda Item 5.A Pg. 6

7 Item 5.G: Annual Contract with Van Scoyoc Associates for Federal Lobbying Services Recommendation: Waive the reading of, and adopt, a Resolution awarding a one-year contract to Van Scoyoc Associates Inc. for federal lobbying services, not to exceed $48,000. Motion by Mayor Pro Tem Waage, seconded by Council Member Howell, to adopt Resolution R , awarding a one-year contract to Van Scoyoc Associates Inc. for federal lobbying services, not to exceed $48,000. Motion passed 4 1 by roll call vote. AYES: 4 Mayor Pro Tem Waage, Council Member Howell, Council Member Blake, Mayor Higginbotham Item 5.H: Award of Contract for Fuel Tank Project This item was pulled from the Consent Calendar for discussion. Item 5.I: Award Contract for City Hall Backup Generator Recommendation: Waive the reading of, and adopt, a Resolution awarding a contract for the City Hall Backup Generator project to Newton Construction & Management in the amount of $133, Motion by Mayor Pro Tem Waage, seconded by Council Member Howell, to adopt Resolution R , awarding a contract for the City Hall Backup Generator Project to Newton Construction & Management in the amount of $133,000. Motion passed 4 1 by roll call vote. AYES: 4 Mayor Pro Tem Waage, Council Member Howell, Council Member Blake, Mayor Higginbotham Item 5.J: Notice of Completion for the Ventana Medians Project Recommendation: Authorize the City Manager to execute, and the City Clerk to record, a Notice of Completion for the Ventana Medians Project. Council Agenda Item 5.A Pg. 7

8 ITEMS PULLED FROM CONSENT Item 5.D: Second Reading of an Ordinance Regulating Expanded Polystyrene (Styrofoam) Products Recommendation: Waive the second reading of, and adopt, an Ordinance adding Chapter 8.40: Expanded Polystyrene, to Title 8, Health and Safety, of the City of Pismo Beach Municipal Code. Mayor Higginbotham opened the public comment period. There being no one wishing to comment, Mayor Higginbotham closed the public comment period. Council Member Blake recognized audience members Anita Shower and Robert Robert for their work on the polystyrene foam ban effort. Motion by Mayor Pro Tem Waage, seconded by Council Member Blake, to waive the second reading of, and adopt, Ordinance O , adding Chapter 8.40: Expanded Polystyrene, to Title 8, Health and Safety, of the City of Pismo Beach Municipal Code. Motion passed 4 0 by roll call vote. AYES: 4 Mayor Pro Tem Waage, Council Member Blake, Council Member Howell, Mayor Higginbotham Item 5.E: Approval of Final Map and Subdivision Improvement Agreement for Parcel Map PB ; 341 Stimson Recommendation: Waive the reading of, and adopt, a Resolution approving the Final Map and Subdivision Improvement Agreement for Parcel Map PB , 341 Stimson Avenue. City Manager Lewis responded to Council inquiry regarding the project. Mayor Higginbotham opened the public comment period. There being no one wishing to comment, Mayor Higginbotham closed the public comment period. Motion by Mayor Pro Tem Waage, seconded by Council Member Blake, to adopt Resolution R , approving the Final Map and Subdivision Improvement Agreement for Parcel Map PB , 341 Stimson Avenue. Motion passed 4 0 by roll call vote. Council Agenda Item 5.A Pg. 8

9 AYES: 4 Mayor Pro Tem Waage, Council Member Blake, Council Member Howell, Mayor Higginbotham Item 5.H: Award of Contract for Fuel Tank Project Public Works Director Fine presented the staff report, recommending that the Council adopt a Resolution awarding a contract for the Pismo Beach Fuel Tank project to B&T Service Station Contractors in the amount of $143,336, and responded to Council inquiry. Mayor Higginbotham opened the public comment period. Don Day, Pismo Beach, noted concern about the cost of the project and suggested alternatives. The Mayor read into the record comment from Jennelle Brownley, Pismo Beach, regarding other potential uses for the project budget. There being no one else wishing to comment, Mayor Higginbotham closed the public comment period. Motion by Mayor Pro Tem Waage, seconded by Council Member Blake, to adopt a Resolution awarding a contract for the Pismo Beach Fuel Tank project to B&T Service Station Contractors in the amount of $143,336. Motion failed 2 2 by roll call vote. AYES: 2 Mayor Pro Tem Waage, Council Member Blake NOES: 2 Council Member Howell, Mayor Higginbotham 7. BUSINESS ITEMS Item 7.A: Regulation/Prohibition of Medical Marijuana Cultivation, Processing and Transport within the City By consensus, this item was reordered and heard prior to Item 6.A. City Attorney Fleishman presented the staff report, recommending that the Council direct staff to return with an Ordinance prohibiting medical marijuana cultivation within the City, and responded to Council inquiry. Jake Miller, Police Chief, commented on the upcoming date at which state laws will prevail if the City does not act to regulate cultivation. Council Agenda Item 5.A Pg. 9

10 Mayor Higginbotham opened the public comment period. Kate Kytle, Pismo Beach, spoke in support of regulating, rather than prohibiting, medical marijuana cultivation, noting her own success with it. Ronnie Taylor, Pismo Beach, spoke in support of regulating marijuana cultivation in accordance with Proposition 215 and Senate Bill 220; commented that prohibition may be counterintuitive if complete legalization is ultimately likely. Jennelle Brownley, Pismo Beach, concurred; noted the need for public input. Peter Maly, Pismo Beach, spoke in support of prohibition for the time being until federal laws coincide with state laws. Marilee Hyman, Pismo Beach, spoke in support of the Council taking action in order to maintain local control; spoke in opposition to an outright ban on cultivation. There being no one else wishing to comment, Mayor Higginbotham closed the public comment period. Jake Miller, Police Chief, responded to Council inquiry regarding enforcement concerns. There was consensus among the Council to direct staff to return with an Ordinance prohibiting medical marijuana cultivation and processing within the City. 6. PUBLIC HEARINGS Item 6.A: A Public Hearing to Consider a Resolution of the City Council of the City of the City of Pismo Beach Establishing a Recycled Water Development Impact Fee, Effective February 13, 2016 Administrative Services Director Feeser presented the staff report, recommending that the Council conduct a Public Hearing to receive input from the public on the proposed recycled water development impact fee and consider the adoption of a Resolution establishing a Recycled Water Development Impact Fee Schedule, effective on February 13, 2016, and responded to Council inquiry. Scott Thorpe, Revenue Cost Specialists, offered a presentation regarding the methodology behind calculation of the proposed fee. Council Agenda Item 5.A Pg. 10

11 7. BUSINESS ITEMS Mayor Higginbotham opened the public hearing. Don Day, Pismo Beach, noted concern about the financial contribution of the City to the recycled water effort, as compared to the benefit received. Peter Maly, Pismo Beach, noted concern regarding the effectiveness of the groundwater injection method of water recovery, and the potential for the City to contribute more than its fair share of resources to the project. There being no one else wishing to comment, Mayor Higginbotham closed the public hearing. Motion by Council Member Howell, seconded by Council Member Blake, to adopt Resolution R , establishing a recycled water development impact fee. Motion passed 3 1 by roll call vote. AYES: 3 Council Member Howell, Council Member Blake, Mayor Higginbotham NOES: 1 Mayor Pro Tem Waage Item 7.D: Agreement for Engineering Consulting Services for the Pismo Beach Regional Groundwater Sustainability Program By consensus, this item was reordered and heard following Item 6.A. Public Works Director Fine presented the staff report, recommending that the Council adopt a Resolution authorizing the City Manager to enter into an agreement with Water Systems Consulting, Inc. for engineering consulting services for the Pismo Beach Regional Groundwater Sustainability Program transferring various funds to support the cost, and responded to Council inquiry. Mayor Higginbotham opened the public comment period. Don Day, Pismo Beach, inquired as to whether there may be more costeffective water recycling alternatives that would be accepted by the state. There being no one else wishing to comment, Mayor Higginbotham closed the public comment period. Motion by Mayor Pro Tem Waage, seconded by Council Member Blake, to adopt Resolution R , authorizing the City Manager to enter into an agreement with Water Systems Consulting, Inc. for Council Agenda Item 5.A Pg. 11

12 engineering consulting services for the Pismo Beach Regional Groundwater Sustainability Program in the amount of $799,017. Motion passed 4 0 by roll call vote. AYES: 4 Mayor Pro Tem Waage, Council Member Blake, Council Member Howell, Mayor Higginbotham The Council recessed at 8:25 p.m. and reconvened at 8:39 p.m. with all members present except Council Member Reiss. Item 7.A: Regulation/Prohibition of Medical Marijuana Cultivation, Processing and Transport within the City By consensus, this item was reordered. Item 7.B: Ordinance Prohibiting the Sales/Distribution of Certain Synthetic Drugs City Attorney Fleishman presented the staff report, recommending that the Council introduce an Ordinance adopting Chapter 9.05 of the Pismo Beach Municipal Code prohibiting the sale or distribution of certain synthetic drugs, and responded to Council inquiry. Mayor Higginbotham opened the public comment period. There being no one wishing to comment, Mayor Higginbotham closed the public comment period. Motion by Mayor Pro Tem Waage, seconded by Council Member Howell, to waive the first reading of, and introduce by title only, an Ordinance adopting Chapter 9.05 of the Pismo Beach Municipal Code prohibiting the sale or distribution of certain synthetic drugs. Motion passed 4 0 by roll call vote. AYES: 4 Mayor Pro Tem Waage, Council Member Howell, Council Member Blake, Mayor Higginbotham Item 7.C: Emergency Repair of Bluff Erosion along Price Street Public Works Director Fine presented the staff report, recommending that the Council adopt a Resolution determining that an emergency exists, directing staff to complete emergency repair of the bluff erosion along Price Council Agenda Item 5.A Pg. 12

13 Street, and awarding a contract to J.C. Baldwin Construction, and responded to Council inquiry. Mayor Higginbotham opened the public comment period. There being no one wishing to comment, Mayor Higginbotham closed the public comment period. Motion by Mayor Pro Tem Waage, seconded by Council Member Howell, to adopt Resolution R , determining that an emergency exists, directing staff to complete emergency repair of the bluff erosion along Price Street, and awarding a contract to J.C. Baldwin Construction in the amount of $422,800. Motion passed 4 0 by roll call vote. AYES: 4 Mayor Pro Tem Waage, Council Member Howell, Council Member Blake, Mayor Higginbotham Item 7.D: Agreement for Engineering Consulting Services for the Pismo Beach Regional Groundwater Sustainability Program By consensus, this item was reordered. Item 7.E: An Ordinance Eliminating the Position of Planning Commission Alternate Member City Clerk Inderlied presented the staff report, recommending that the Council introduce an Ordinance repealing Section B. of the Pismo Beach Municipal Code, relating to the position of Planning Commission Alternate, and responded to Council inquiry. Mayor Higginbotham opened the public comment period. There being no one wishing to comment, Mayor Higginbotham closed the public comment period. Motion by Mayor Pro Tem Waage, seconded by Council Member Blake, to waive the reading of, and introduce by title only, an Ordinance repealing Section B. of the Pismo Beach Municipal Code, relating to the position of Planning Commission Alternate. Motion passed 4 0 by roll call vote. AYES: 4 Mayor Pro Tem Waage, Council Member Blake, Council Member Howell, Mayor Higginbotham Council Agenda Item 5.A Pg. 13

14 Item 7.F: Amendment to the City s Property Insurance to add Additional Flood and Earthquake Insurance in FY Management Services Director Garcia presented the staff report, recommending that the Council adopt a Resolution authorizing the City Manager to approve an amendment to the City s insurance coverage to include additional Flood and Earthquake Insurance, and transferring or appropriating funds to support the cost in Fiscal Year , and responded to Council inquiry. Mayor Higginbotham opened the public comment period. There being no one wishing to comment, Mayor Higginbotham closed the public comment period. Motion by Mayor Pro Tem Waage, seconded by Council Member Howell, to adopt Resolution R , authorizing the City Manager to approve an amendment to the City s insurance coverage to include additional flood and earthquake insurance, and transferring or appropriating funds from the General Fund and Water And Wastewater Enterprise Funds to support the additional flood and earthquake insurance for Fiscal Year Motion passed 4 0 by roll call vote. AYES: 4 Mayor Pro Tem Waage, Council Member Howell, Council Member Blake, Mayor Higginbotham 8. CITY MANAGER S REPORT City Manager Lewis commented on the current Advisory Body recruitment and Community Development Director recruitment, current water conservations statistics, sponsorship opportunities for street furniture in Shell Beach, and sandbag filling stations. 9. CITY ATTORNEY S REPORT City Attorney Fleishman had nothing to report. 10. CITY COUNCIL COMMENTS AND REQUESTS Mayor Pro Tem Waage noted his attendance at a recent Fire Safe Council meeting. There was consensus among Council to agendize a review of the City s cost recovery mechanisms for after the fact construction permits. Mayor Higginbotham noted an upcoming meeting of the San Luis Obispo Council of Governments Board. Council Agenda Item 5.A Pg. 14

15 Public Works Director Fine noted a projected early 2016 workshop regarding the impact of the Inn at the Pier project on the downtown area. Interim Community Development Director Draze noted a projected early 2016 joint meeting of the Planning Commission and Parking Advisory Committee regarding the parking master plan. City Manager Lewis noted that options for the Fuel Tank Project would be returned at mid-year budget review. 11. COUNCIL SUBCOMMITTEE REPORTS Information was reported under Section 10., City Council Comments and Requests. 12. ADJOURNMENT There being no further business, Mayor Higginbotham adjourned the meeting at 9:30 p.m. APPROVED: ATTEST: Shelly Higginbotham, Mayor Erica Inderlied, City Clerk Council Agenda Item 5.A Pg. 15