PISMO BEACH COUNCIL AGENDA REPORT SUBJECT/TITLE: ADOPTION OF MEETING MINUTES Agenda Item #5.A RECOMMENDATION: 1. Adopt Minutes of the November 1, 2016 Closed Session; 2. Adopt Minutes of the November 1, 2016 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 direction or request additional information. ATTACHMENTS: 1. Draft Minutes of the November 1, 2016 Closed Session; 2. Draft Minutes of the November 1, 2016 Regular Meeting; Prepared by: Erica Inderlied, City Clerk Meeting Date: November 15, 2016 Approved by: Debra Garcia, Management Services Director City Manager Approval: 5.A-1
Attachment 1 DRAFT MINUTES SPECIAL CLOSED SESSION Pismo Beach City Council Tuesday, November 1, 2016 4:30 p.m. The City Council of the City of Pismo Beach met this date in a special 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 4:30 p.m. 1. ROLL CALL: Present: Mayor Higginbotham Mayor Pro Tem Waage Council Member Blake Council Member Howell (arrived 4:41 p.m.) Council Member Reiss Absent: None Staff Present: Benjamin Fine, Public Works Director/City Engineer David Fleishman, City Attorney James R. Lewis, City Manager 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 Item 3.B Conference with Legal Counsel Existing Litigation (Subdivision (d)(1) of Government Code Section 54956.9) Name of Case: Spangler v. Pismo Beach, et al., San Luis Obispo Superior Court Case No. 15cv-0464; Spangler v. Pismo Beach, et al., United States District Court Case No. 2:16-cv-00289-MWF Conference with Real Property Negotiators (Government Code 54956.8) Agency Negotiator: James R. Lewis 5.A-2
Attachment 1 Under Negotiation: Price and Terms of Payment Property (APN) 010-281-085, 086, 087, 088 Negotiating Party Richard & Linda Shih Address 1127 Shell Beach Road 4. CLOSED SESSION REPORT Mayor Higginbotham announced there was no reportable action on the abovelisted items. ADJOURNMENT There being no further business, Mayor Higginbotham adjourned the meeting at 5:34 p.m. APPROVED: ATTEST: Shelly Higginbotham, Mayor Erica Inderlied, City Clerk 5.A-3
DRAFT MINUTES REGULAR MEETING Pismo Beach City Council Tuesday, November 1, 2016 5:30 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 5:38 p.m. 1. ROLL CALL: Council Members Present: Mayor Shelly Higginbotham Mayor Pro Tem Edward Waage Council Member Sheila Blake Council Member Erik Howell Council Member Mary Ann Reiss Absent: None Staff Present: 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 Gordon Jackson, Conference & Visitors Bureau Executive Director Paul Lee, Battalion Chief James R. Lewis, City Manager Jake Miller, Chief of Police Jeff Winklepleck, Community Development Director Other staff present as noted below 2. PLEDGE OF ALLEGIANCE Mayor Higginbotham led the Pledge of Allegiance. 5.A-4
3. PRESENTATIONS Item 3.A: Proclamation: Recognition of Service: Assembly Member Katcho Achadjian The Council read a proclamation recognizing the service of outgoing State Assembly Member Katcho Achadjian. Lisa Ray, Children's Resource Network, and Carlos Cortez with Boy Scouts of America, thanked Achadjian for this service. Item 3.B: Proclamation: Recognition of Service: Rick Abbott, Volunteer The Council read a proclamation recognizing the service of outgoing Recreation Volunteer Rick Abbott. Recreation Manager Colleen Ghiglia and Parks, Recreation & Beautification Commission Vice-Chair Ron Rodriguez thanked Abbott for his service. Item 3.C: Presentation: Biodegradable Styrofoam, presented by Ginger Fredriks Ginger Fredriks and the Orcutt Junior High Radioactive Mustangs robotics team performed a skit regarding water conservation. 4. PUBLIC COMMENT PERIOD Mayor Higginbotham called for public comment. Paul Jones, Pismo Beach, commented on the upcoming Presidential and City Council election, and recent rainfall. 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. In response to inquiry from Mayor Higginbotham, City Manager Lewis commented briefly on item 5.D, Update #10 on Tier 1 Building Restrictions. Motion by Mayor Pro Tem Waage, seconded by Council Member Reiss, to approve the Consent Calendar, as presented. Motion passed 5 0 by roll call vote. AYES: 5 NOES: 0 Waage, Reiss, Blake, Howell, Higginbotham 5.A-5
Item 5.A: Adoption of Meeting Minutes Recommendation: 1. Adopt Minutes of the October 18, 2016 Closed Session; 2. Adopt Minutes of the October 18, 2016 Regular Meeting; 3. Adopt Minutes of the October 24, 2016 Special Meeting. Item 5.B: Payroll Register and Register of Demands Recommendation: 1. Approve the Summary of Payroll Register for October 16, 2016; 2. Approve the Register of Demands for October 14, 2016 and October 21, 2016. Item 5.C: Update on Emergency Coastal Development Permit Recommendation: No action required; information only. Item 5.D: Update #10 on Tier I Building Restrictions Recommendation: Based on past Council action, continue the Tier I building restrictions. Item 5.E: Monthly Investment Transaction Report of the City s Cash and Investments for September 2016 of FY 2016-2017 Recommendation: No action required; information only Item 5.F: Quarterly Investment Report for the three Months of July through September 2016 the First Quarter of FY 2016-2017 Recommendation: No action required; information only Item 5.G: Adoption of an Ordinance that (1) Adopts and Amends the Latest Editions of the Constituent Codes of the California Building Standards Code and (2) Establishes Special Permit Processing for Small Residential Rooftop Solar Systems and Electric Vehicle Charging Stations Recommendation: Adopt an Ordinance of the City Council of the City of Pismo Beach amending Titles 8 and 15, Chapters 8.04, 8.08, 15.04, 15.08, and 15.12 of the Pismo Beach Municipal Code that adopts and amends the latest editions of the Constituent Codes of the California Building Standards Code and adopts findings of facts to support the imposition of requirements other than those of the 5.A-6
California Building Standards Code and establishes special permit processing for small residential rooftop solar systems and electric vehicle charging stations. Motion by Mayor Pro Tem Waage, seconded by Council Member Reiss, to adopt Ordinance O-2016-008, amending Titles 8 and 15, Chapters 8.04, 8.08, 15.04, 15.08, and 15.12 of the Pismo Beach Municipal Code that adopts and amends the latest editions of the Constituent Codes of the California Building Standards Code and adopts findings of facts to support the imposition of requirements other than those of the California Building Standards Code and establishes special permit processing for small residential rooftop solar systems and electric vehicle charging stations. Motion passed 5 0 by roll call vote. AYES: 5 NOES: 0 Waage, Reiss, Blake, Howell, Higginbotham 6. PUBLIC HEARINGS None. 7. BUSINESS ITEMS Item 7.A: Authorization to Bid Pier Reconstruction Project Public Works Director Fine presented the staff report, recommending that the Council authorize staff to advertise for bids for the Pier Reconstruction Project, and responded to Council inquiry. Mayor Higginbotham opened the public comment period. Sandra Nielsen, Parks, Recreation & Beautification Commission Vice- Chair, Pismo Beach, inquired as to the phasing of amenities for the Pier, and related budget concerns. Mark Padovan, Pismo Beach, inquired regarding the provision of cigarette butt receptacles in the vicinity of the Pier, where smoking is prohibited. There being no one else wishing to comment, Mayor Higginbotham closed the public comment period. 5.A-7
Motion by Mayor Pro Tem Waage, seconded by Council Member Blake, to authorize staff to advertise for bids for the Pier Reconstruction Project. Motion passed 5 0 by roll call vote. AYES: 5 NOES: 0 Waage, Blake, Howell, Reiss, Higginbotham 8. CITY MANAGER S REPORT City Manager Lewis commented on the status of the Five Cities Drive Turn Signal Project, the status of paving in the heights, and ways to participate in the Pismo Voice outreach program for goal-setting. 9. CITY ATTORNEY S REPORT City Attorney Fleishman had nothing to report. 10. CITY COUNCIL COMMENTS AND REQUESTS Mayor Pro Tem Waage commented on a recent Local Agency Formation Commission meeting; noted that San Luis Obispo LAFCO was recently recognized by CALAFCO as the most effective LAFCO in the state. Council Member Reiss thanked the Recreation Division and Parks, Recreation & Beautification Commission for their contributions to the Pumpkins on the Pier event. Council Member Blake commented on an upcoming meeting of the Integrated Waste Management Authority Board; noted the importance of voting in the upcoming election. Mayor Higginbotham commented on an upcoming Regional Transit Authority Board meeting; noted that she would be traveling to South Carolina for the formal determination regarding the re-accreditation of the Pismo Beach Police Department by the Commission on Accreditation for Law Enforcement Agencies (CALEA). 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 6:49 p.m. APPROVED: Shelly Higginbotham, Mayor ATTEST: Erica Inderlied, City Clerk 5.A-8