PISMO BEACH COUNCIL AGENDA REPORT

PISMO BEACH COUNCIL AGENDA REPORT SUBJECT/TITLE: MINUTES OF THE JANUARY 24 & 25, 2013, GOAL SETTING MEETINGS, JANUARY 24 & 25, 2013, CLOSED SESSION, THE FEBRUARY 5, 2013, REGULAR CITY COUNCIL MEETING, SPECIAL MEETING, AND CLOSED SESSIONS RECOMMENDATION: Approve by roll call vote to Consent Calendar. EXECUTIVE SUMMARY: Attached for your consideration are the minutes of the January 24 & 25, 2013 Goal Setting Meetings, January 25, 2013, Closed Session, February 5, 2013, Regular Council Meeting, Special Council Meeting and Closed Sessions. FISCAL IMPACT: Not Applicable. OPTIONS: 1. Approve as submitted 2. Approve with edits ATTACHMENTS: 1. Minutes of the January 24 & 25, 2013 Goal Setting Meeting. 2. Minutes of the January 25, 2013 Closed Session. 3. Minutes of the February 5, 2013, Regular Meeting. 4. Minutes of the February 5, 2013, Special Meeting. 5. Minutes of the February 5, 2013, Closed Sessions. Prepared by: Elaina Cano, CMC, City Clerk Meeting Date: February 19, 2013 City Manager Approval: Page 1

Attachment 1 MINUTES City of Pismo Beach SPECIAL CITY COUNCIL MEETING Thursday and Friday, January 24-25, 2013 Hilton Garden Inn of Pismo Beach 601 James Way, Library Room, Pismo Beach, California CALL TO ORDER: Mayor Higginbotham called the meetings to order at 8: 30 a.m. 1. ROLL CALL: City Clerk Cano called roll and noted that all Council Members were present. Mayor: Mayor Pro Tem: Council Members: 2. Higginbotham Waage Howell, Reiss, Vardas PUBLIC COMMENTS: Mayor Higginbotham asked for public comments on Thursday, at 8:30 a.m. and 1:30 p.m. and Friday, at 8:30 a.m. on the items listed below. The following citizens spoke: Thursday 8: 30 a.m. - Ron Rodriguez, PRBC; Jim Hogoboom, Lucia Mar School District; John Fairweather, PBHA; Paul Sawko; Marilee Hyman; Steve Hester; and Bernice Cullen. Thursday 1:30 p.m.- Marilee Hyman; Ted Ehring; Ron Rodriguez; and Larry and Sharron Chanda. Friday 8:30 a.m. John Morse and Norman Stout. 3. AGENDA ITEM (S) Facilitator Don Maruska guided the Council on the items/process below. Item 3.A: Your Hopes for this Workshop Page 2

Attachment 1 Item 3.B: Review Status of Current Goals and Future Revenue Outlook Item 3.C: Working Together Effectively The January 24, 2013, Council meeting recessed at 12:17 p.m. and reconvened at 1:30 p.m. with all members present. Item 3.D: Goal Setting (Short, Mid, and Long Range) Item 3.E: Review Full Set of Draft Goals Item 3.F: Discuss Key Factors for Success to Achieve Desired Results Item 3.G: Reprise: How this Goal Setting is Supporting Hopes for the City Item 3.H: Sharing the Results Item 3.I: 4. Discussion ADJOURNMENT Mayor Higginbotham adjourned the January 24, 2013, meeting at 5:35 p.m. Mayor Higginbotham adjourned the January 25, 2013, meeting at 11:23 a.m. Approved: Attest: Shelly Higginbotham, Mayor Elaina Cano, City Clerk Page 3

Attachment 2 MINUTES CLOSED SESSION City Council Meeting Friday, January 25, 2013 The City Council of the City of Pismo Beach met this date in a closed session at 1:00 p.m. at 760 Mattie Road, Pismo Beach California with Mayor Higginbotham presiding. CALL TO ORDER: Mayor Higginbotham 1. ROLL CALL: Present: Mayor: Mayor Pro Tem: Council Member: Higginbotham Waage Howell, Reiss, Vardas Staff Present: City Manager Kevin M. Rice City Attorney Dave Fleishman Administrative Services Director Nadia Feeser 2. PUBLIC COMMENTS: Mayor Higginbotham to ask for public comments on items listed below. 3. AGENDA ITEM (S) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION--Significant exposure to litigation pursuant to subdivision (d)(4) of Section 54956.9: (one potential case) Mayor Higginbotham announced there was no reportable action on the above listed items. 4. ADJOURNMENT There being no further business, Mayor Higginbotham adjourned the meeting at 1:52 p.m. APPROVED: ATTEST: Shelly Higginbotham, Mayor Elaina Cano, CMC, City Clerk Page 4

Attachment 3 MINUTES City of Pismo Beach REGULAR City Council Meeting Tuesday, February 5, 2013 The City Council of the City of Pismo Beach met this date in a regular session at 5:30 pm Pismo Beach Veterans Memorial Building, 780 Bello, Pismo Beach California with Mayor Higginbotham presiding. CALL TO ORDER: Mayor Higginbotham 1. ROLL CALL: Present: Mayor Higginbotham Mayor Pro Tem Waage Council Member Howell Council Member Vardas Staff Present: Absent: Kevin M. Rice, City Manager David Fleishman, City Attorney Elaina Cano, City Clerk Benjamin A. Fine, Public Works Director/City Engineer Jon Biggs, Community Development Director Nadia Feeser, Administrative Services Director Council Member Reiss Page 5 1

Attachment 3 2. INVOCATION The invocation was given by Dr. Paul Jones. 3. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Dr. Paul Jones. 4. PRESENTATIONS Item 4.A: Proclamation - Kim Sterrett (Rice) The City Council read the proclamation into the record with Mayor Higginbotham presenting the proclamation to Kim Sterrett. Item 4.B: Proclamation - Start By Believing (Norton) The City Council read the proclamation into the record with Mayor Higginbotham presenting the proclamation to Police Chief Norton, who introduced Jesse Torrey, Associate Director of the Sexual Assault Recovery and Prevention (SARP) Center. Item 4.C: Presentations to Out-Going Advisory Board Members: Chuck Crocket, Planning Commissioner and DC Carter, Conference and Visitors Bureau. The City Council read the inscriptions on the plaques into the record with Mayor Higginbotham presenting plaques to Chuck Crocket, Planning Commissioner and DC Carter, Conference and Visitors Bureau. Item 4.D: Employee of the Year Presentation (Rice) Councilmembers read the proclamation into the record with Mayor Higginbotham presenting plaques to: Erin Olsen, City Hall Employee of the Year; Steve Reinwald, Public Works Employee of the Year; Mark Miller, Mid-Manager/Supervisor of the Year; Steve Weir, Police Officer Employee of the Year; Elvia Ramos, Police Department Employee of the Year; Bryan Meyer, Reserve Firefighter Employee of the Year. 5. PUBLIC COMMENT PERIOD Rochelle Bento, Pismo Beach Chamber of Commerce, invited Council to attend the membership mixer on February 27, 2013, from 5:30 p.m. - 7:00 p.m. Page 6 2

Attachment 3 6. CONSENT CALENDAR Cynthia Brown, Friends of Price House, relayed the Board's concern regarding maintaining the historical serenity and rural atmosphere of the park. She announced, Friends of Price House will host their annual meeting at the Moose Lodge Wednesday, February 6, 2013. Carol Calhoun, Pismo Beach, reiterated the distress she is experiencing caused by the noise from the usage of a skateboard ramp located in a neighbor's back yard. Item 6.A: Clerk s Report of Posting. The agenda of the regular February 5, 2013 City Council meeting was posted on the City Council Chamber bulletin board on January 31, 2013. (Cano) Action: Approved by roll call vote to Consent Calendar. Item 6.B: Waive readings. All Readings of Ordinances and Resolutions, except by title, are waived. (Cano) Action: Approved by roll call vote to Consent Calendar. Item 6.C: Minutes of the January 15, 2013, Regular City Council Meeting and Special Meeting. (Cano) Action: Approved by roll call vote to Consent Calendar. Item 6.D: Approval of Payroll Register and Register of Demands. (Feeser) Action: No action required; informational only. Item 6.E: Update Report on the Emergency Proclamation. (Fine) Action: No action required; informational only. Item 6.F: A Resolution Authorizing Participation in the Integrated Regional Water Management Program Memorandum of Understanding (Fine) Action: Adopt Resolution R-2013-004 by roll call vote to Consent Calendar. Item 6.G: Monthly Investment Transaction Report (Feeser) Action: No action required; informational only. Page 7 3

Attachment 3 Item 6.H: Quarterly Investment Report (Feeser) Action: No action required; information only. Item 6.I: FY 2012-2013 Six Month Budget Status Report (Feeser) Action: No action required; information only. Motion by Council Member Vardas, seconded by Mayor Pro Tem Waage to approve the Consent Calendar as presented. Passed 4/0/1 (absent) AYES: 4 Mayor Higginbotham, Mayor Pro Tem Waage, Council Member Howell, Council Member Vardas NOES: 0 ABSENT: 1 Council Member Reiss 7. PUBLIC HEARING - 6:30 p.m. Item 7.A: Spanish Springs Project Resolution(s) and Ordinance (Biggs) Community Development Director Biggs provided an overview of the January 15, 2013, Public Hearing. Steve Hester, Developer, provided information regarding the project and responded to Council questions and concerns. Mr. Hester discussed open space conservation and preservation, the trails and parks plan, proposed golf course, conceptual site plan, fees, Price Canyon Road rural character, and visibility of homes nearest the Price Historic House. Mr. Hester thanked the City Council and staff for their time and collaboration over the last few years and responded to Council questions. Carol Florence, Principle Planner, Oasis Associates, explained the significant public outreach efforts and site plan amendments as noted in the handout submitted at the Council meeting and on file in the City Clerk's office. Other issues Ms. Florence discussed included meeting with neighbors in the surrounding areas, preservation of the Pismo Clarkia, inland arterial undercrossing of U.P.R.R., Anza Portola Park, equestrian trails and a dog park. Ms. Florence provided 191 citizen cards stating their support for the project and responded to Council questions. Stan Hoffman, provided a fiscal analysis of the Spanish Springs project and responded to Council questions. Council recessed at 8:30 p.m. and reconvened at 8:50 p.m. with all Page 8 4

Attachment 3 members present. Mayor Higginbotham opened the Public Hearing. The following speakers spoke in support of the project: Rodney Roller, Pismo Beach; Glenn Knowles, San Luis Obispo; Chris Volbrecht, Santa Margarita; Keith Hall, Templeton; Charlie Richardson, San Luis Obispo; Darren Smith, Compass Health; Noreen Martin, Shell Beach; John Sorgenfrei, Pismo Beach; Eric Meyer, San Luis Obispo; Paul Reichardt, San Luis Obispo; Tony Hyman, Pismo Beach; Robert Richmond, San Luis Obispo; Jim Garing, Arroyo Grande; Jody Walters, San Luis Obispo; Willliam Siembieda, Pismo Beach; Kenneth Rieder, San Luis Obispo; Marilee Hyman, Pismo Beach; Ian McClain, San Luis Obispo; and Mark McGuire. The following speakers spoke in opposition to the project: Audrey Erbes, Arroyo Grande; Heather Muran, Pismo Beach; Tom Hulbert, Pismo Beach; Stan Dresick, Pismo Beach; Delia Ruiz, Pismo Beach; Harry Watson, Pismo Beach; Michael Hannon, Arroyo Grande; Larry Ortell, Pismo Beach; Paul Sawko, Pismo Beach; Clive Grey, Arroyo Grande; Stewart Morse, Pismo Beach; Andy Weber, Pismo Beach; Janet George, Pismo Beach; Priscilla Underland, Pismo Beach; Stewart Robinson, Arroyo Grande; Priscilla Ko, Pismo Beach; Ahmet Giaffo, Pismo Beach; Howard Mankins, Pismo Beach; Larry Chanda, Pismo Beach; Milton Jantzen, Pismo Beach; Susan Testa, Pismo Beach; Sheila Blake, Pismo Beach; Robert Reed, Pismo Beach; Francis Reed, Pismo Beach; Richard Foster, Pismo Beach; Ben Davis, Arroyo Grande; Sue Davis, Arroyo Grande; Glen Richardson, Arroyo Grande; Babak Naficy, San Luis Obispo; Dean Berto, Arroyo Grande; Jackie Relyea, Arroyo Grande; Marcia Guthrie, Pismo Beach; Becky Baer, Arroyo Grande; Sue Davis, Arroyo Grande; and Connie Marangi, Pismo Beach. Mike Spangler, Shell Beach, spoke about his concerns regarding the project and how it relates to State law and where additional housing might be built throughout the City. Steven Puglisi, Pismo Beach, urged the Council to make a decision regarding this project. Effie McDermott, Price Historical House, requested 10 acres to preserve the area surrounding the Price Historical House. David Conn, Pismo Beach, expressd concern with the development agreement and suggested that the agreement continue to be reviewed. Ray Walters, San Luis Obispo, gave a description of a projected senior housing facility. Additional speaker slips were submitted but those speakers chose not to speak. These speaker slips are on file in the City Clerk's office. Mayor Page 9 5

Attachment 3 8. BUSINESS ITEMS Higginbotham closed the Public Hearing and referred to Council for discussion and action. Council gave further direction to staff and the developer. Motion by Mayor Pro Tem Waage, seconded by Council Member Vardas to continue this item to the March 5, 2013, City Council Meeting. Passed 4/0/1 (absent) AYES: 4 Mayor Higginbotham, Mayor Pro Tem Waage, Council Member Howell, Council Member Vardas NOES: 0 ABSENT: 1 Council Member Reiss Item 8.A: Budget Schedule for the Two- Year Budget for Fiscal Years FY 2013-14 and FY 2014-15 (Feeser) Administrative Services Director Feeser presented the staff report. Mayor Higginbotham asked for public comments. No one spoke at this time. Mayor Higginbotham closed the public comment portion and referred to Council for discussion and action. Motion by Mayor Pro Tem Waage, seconded by Council Member Vardas to approve the budget schedule for the two year budget for fiscal years FY 2013-14 and FY 2014-15. Passed 4/0/1 (absent) AYES: 4 Mayor Higginbotham, Mayor Pro Tem Waage, Council Member Howell, Council Member Vardas NOES: 0 ABSENT: 1 Council Member Reiss Item 8.B: Resolution Approving Short-Mid-Long Term Goals (Rice) City Manager Rice presented the staff report. Mayor Higginbotham asked for public comments. The following citizen spoke: Jeannie Nix. Mayor Higginbotham closed the public comment portion and referred to Council for discussion and action. Page 10 6

Attachment 3 Motion by Council Member Vardas, seconded by Mayor Pro Tem Waage to adopt Resolution R-2013-005 approving the short, mid, and long term goals and City Vision. Passed 3/1/1 (absent) AYES: 3 Mayor Higginbotham, Mayor Pro Tem Waage, Council Member Vardas NOES: 1 Council Member Howell ABSENT: 1 Council Member Reiss 9. CITY MANAGER S REPORT Kevin M. Rice, City Manager, had nothing to report at this time. 10. CITY ATTORNEY S REPORT David Fleishman, City Attorney, had nothing to report at this time. 11. CITY COUNCIL COMMENTS AND REQUESTS Mayor Higginbotham thanked everyone for their hard work. 12. COUNCIL SUBCOMMITTEE REPORTS 1. Economic Vitality Corporation - Vardas 2. Pismo Beach Conference & Visitors Bureau - Howell 3. Friends of Price House - Waage 4. Integrated Waste Management Authority JPA - Waage/Howell 5. Mobile Home Rent Stabilization - Howell/Higginbotham 6. SLO Council of Governments - Higginbotham/Reiss 7. SLO Regional Transit Authority - Higginbotham/Reiss 8. Zone 3 Advisory Committee - Vardas/Waage 9. SLO County Water Resources Advisory Committee - Howell/Vardas 10. South County Area Transit - Higginbotham/Reiss 11. SLO Air Pollution Control District - Waage 12. Chamber of Commerce Board of Directors - Rotates Monthly 13. California Joint Powers Insurance Authority - Reiss/Vardas 14. Community Action Partnership of San Luis Obispo - Reiss/Waage 15. Ocean Water Quality Subcommittee - Howell/Reiss 16. Shell Beach Improvement Group - Reiss/Higginbotham 17. Homeless Services Oversight Committee (HSOC) - Higginbotham 18. California Coastal Coalition Board - Vardas/Howell 19. Coastal Cities Issues Group - Higginbotham/Vardas 20. Hazard Mitigation - Higginbotham/Waage Page 11 7

Attachment 3 Information was reported under Section 11 City Council Comments and Requests. 13. PULLED CONSENT AGENDA ITEMS 14. ADJOURNMENT There being no further business, Mayor Higginbotham adjourned the meeting at 11:55 p.m. APPROVED: ATTEST: Shelly Higginbotham, Mayor Elaina Cano, City Clerk Page 12 8

Attachment 4 MINUTES SPECIAL City Council Meeting February 5, 2013 The City Council of the City of Pismo Beach met this date in a Special session in the City Council Chamber, 760 Mattie Road, Pismo Beach California with Mayor Higginbotham presiding. CALL TO ORDER: Mayor Higginbotham Mayor Higginbotham called the meeting to order at 2:30 p.m. 1. ROLL CALL: City Clerk Cano called roll. Present: Mayor: Mayor Pro Tem: Council Member: Higginbotham Waage Howell Absent: Council Members: Reiss, Vardas 2. PUBLIC COMMENTS: Mayor Higginbotham asked for public comment. There were no public comments at this time. 3. AGENDA ITEM (S) Item 3.A: Advisory Board Interview and Appointment A. Planning Commission The City Council previously interviewed Mr. Cody McLaughlin, therefore they agreed not to re-interview him at this time. However, the City Council interviewed one additional applicant for the Planning Commission Alternate position. By ballot vote, Council Members voted to appoint: Cody McLaughlin as Planning Commissioner Alternate to a two year term expiring January 31, 2015. Page 13

Attachment 4 4. ADJOURNMENT There being no further business, Mayor Higginbotham adjourned the meeting at 2:50 p.m. APPROVED: ATTEST: Shelly Higginbotham, Mayor Elaina Cano, City Clerk Page 14

Attachment 5 MINUTES CLOSED SESSION City Council Meeting Tuesday, February 5, 2013, 2012 The City Council of the City of Pismo Beach met this date in a closed session at 3:00 p.m. in the City Council Chamber, 760 Mattie Road, Pismo Beach California with Mayor Higginbotham presiding. CALL TO ORDER: Mayor Higginbotham 1. ROLL CALL: Present: Mayor: Mayor Pro Tem: Council Member: Absent: Council Members: Higginbotham Waage Howell Reiss, Vardas Staff Present: City Manager Kevin Rice City Attorney David Fleishman Administrative Services Director Nadia Feeser Human Resources Office Debra Garcia 2. PUBLIC COMMENTS: Mayor Higginbotham to ask for public comments on items listed below. 3. AGENDA ITEM (S) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 Bargaining Unit: Service Employees International Union, Local 620 City Negotiator: Deborah Glasser Kolly Mayor Higginbotham announced there was no reportable action on the above listed items. Page 15

Attachment 5 4. ADJOURNMENT There being no further business, Mayor Higginbotham adjourned the meeting at 4:30 p.m. APPROVED: ATTEST: Shelly Higginbotham, Mayor Elaina Cano, CMC, City Clerk Page 16

Attachment 5 MINUTES CLOSED SESSION City Council Meeting Tuesday, February 5, 2013, 2012 The City Council of the City of Pismo Beach met this date in a closed session at 4:30 p.m. in the City Council Chamber, 760 Mattie Road, Pismo Beach California with Mayor Higginbotham presiding. CALL TO ORDER: Mayor Higginbotham 1. ROLL CALL: Present: Mayor: Mayor Pro Tem: Council Member: Absent: Council Members: Staff Present: City Manager City Attorney Risk Manager Higginbotham Waage Howell Reiss, Vardas Kevin M. Rice David Fleishman Debra Garcia 2. PUBLIC COMMENTS: Mayor Higginbotham to ask for public comments on items listed below. 3. AGENDA ITEM (S) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: Rittger v. City of Pismo Beach -- San Luis Obispo Superior Court Case No. CV120215 Mayor Higginbotham announced there was no reportable action on the above listed items. Page 17

Attachment 5 4. ADJOURNMENT There being no further business, Mayor Higginbotham adjourned the meeting at 4:46 p.m. APPROVED: ATTEST: Shelly Higginbotham, Mayor Elaina Cano, CMC, City Clerk Page 18