AGENDA
Pismo Beach City Council
Tuesday, February 1, 2022
Regular Meeting: Zoom Meeting ID: 848 2371 5585 - Toll-Free Access Number (888) 788-0099 Zoom Meeting Link https://us02web.zoom.us/j/84823715585
0. VIRTUAL MEETING INSTRUCTIONS:
To continue conducting the people’s business within San Luis Obispo County, State of California, and CDC health and safety guidelines, this meeting is being conducted with virtual public participation only. Alternative ways to watch this meeting and submit public comment are provided below.
Watch and participate via Zoom:
• Regular Meeting: Click this link on any computer or mobile device:
https://us02web.zoom.us/j/84823715585 . This URL may also be typed into a web browser. • To make public comment, press the “raise your hand” button when the comment period for your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.
Listen and participate via telephone:
• Regular Meeting: Call 1-888-788-0099 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted.
• To make public comment, press *9 to “raise your hand” when the comment period on your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.
Watch online:
• Regular Meeting: Visit www.pismobeach.org/agenda and scroll to “Upcoming Events.” When the live broadcast begins, an “In Progress” link will appear; click this link to watch the livestream.
Watch on Channel 20:
• Regular Meeting: Tune to local cable channel 20 in Pismo Beach; the meeting will be broadcast live.
Meetings are also replayed at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day the following week.
Submit written comment:
• In advance of the meeting, or during the meeting no later than the start of the comment period for your item of interest, written comments may be emailed to [email protected]. In advance of the meeting, written comments may be mailed or delivered to the City Clerk’s Office, City Hall, 760 Mattie Road, Pismo Beach, 93449.
Submit voicemail comment:
• Call 805-773-7005 and leave a voicemail before the meeting; or during the meeting no later than the start of the comment period for your item of interest. This phone number is an automated voicemail line only and will not be answered or monitored for other purposes.
Please note:
• Meetings may begin a few minutes after the scheduled start time. • Meetings will be recorded, except Closed Sessions; these recordings are public record. • Phone numbers of callers may be visible to other meeting participants, or in meeting recordings; Members of the public may create free Zoom accounts in order to change their screen names via the Zoom software when joining the virtual call.
• Phone numbers of voicemail commenters may be visible in the public record along with transcripts. • Public commenters wishing to display written comment or pictorial exhibit during a comment period must email the materials ahead of the comment period in order to permit display of the materials.
Please contact City Clerk Erica Inderlied at [email protected] with questions.
Council Agenda 2-1-2022
Pismo Beach City Council Agenda February 1, 2022
Special Closed Session—4:00 p.m.
Meeting to be held Virtually
CALL TO ORDER: Mayor Waage
1. ROLL CALL:
Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Blake, Guthrie, Newton
2. PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item appearing on the agenda.
Please adhere to the following procedures when addressing the Council:
• Please limit your comments to 3 minutes or less.
• Unduly disruptive behavior will not be permitted.
Documents submitted to the Council become public record unless otherwise exempt from disclosure.
3. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
Item 3.A: Conference with Labor Negotiators (Government Code §54957.6) Agency designated representatives: James R. Lewis
Employee organization: Service Employees International Union (SEIU) and Pismo Beach Police Officers Association (POA)
Unrepresented Employees: All Unrepresented Employees
4. CLOSED SESSION REPORT
5. ADJOURNMENT
Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, February 1, 2022 To be held virtually
Council Agenda 2-1-2022
Pismo Beach City Council Agenda February 1, 2022
Regular Meeting—5:30 p.m.
Meeting to be held Virtually
Zoom Meeting ID: 848 2371 5585 – Toll-Free Access Number (888) 788-0099
CALL TO ORDER: Mayor Waage
1. ROLL CALL:
Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Blake, Guthrie, Newton
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance will not be conducted as part of this virtual meeting.
3. ACCEPTANCE OF AGENDA
4. PRESENTATIONS
None.
5. PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item NOT appearing on the agenda. For items appearing on the agenda, including the Consent Calendar, the public will be invited to make comments during Council consideration of the item. In accordance with state law, matters raised as part of this comment period cannot be discussed or acted upon by the City Council at this t ime.
However, in response to a matter raised as part of this comment period, the Council may, during Item 13, City Council Comments and Requests, direct staff to assist a speaker, or schedule the matter for consideration on a future agenda.
Please adhere to the following procedures when addressing the Council:
• Please limit your comments to 3 minutes or less.
• Unduly disruptive behavior will not be permitted.
Documents submitted to the Council become public record unless otherwise exempt from disclosure.
6. CITY MANAGER’S REPORT
7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
Council Agenda 2-1-2022
Pismo Beach City Council Agenda February 1, 2022
8. COUNCIL COMMITTEE REPORTS
1. Air Pollution Control District, SLO County (Waage/Newton)
2. California Coastal Coalition Board (Reiss/Blake)
3. California Joint Powers Insurance Authority Board (Reiss)
4. Central Coast Community Energy Policy Board (Mayor)
5. Chapman Estate Foundation Liaison (Reiss)
6. Coastal Cities Group, League of CA Cities (Waage)
7. CAPSLO Board of Directors (Reiss)
8. Conference and Visitors Bureau Board Liaison (Newton)
9. Friends of Price House Liaison (Waage)
10. Hazard Mitigation & Fire Safety (Blake/Waage)
11. Homeless Services Oversight Council (Reiss)
12. Integrated W aste Management Authority (Newton)
13. Mobile Home Rent Stabilization Subcommittee (Blake/Waage)
14. REACH (formerly EVC) (Blake)
15. Regional Transit Authority, SLO (Waage/Reiss)
16. Shell Beach Improvement Group Liaison (Newton/Reiss)
17. SLOCOG (Waage/Reiss)
18. South County Chambers of Commerce Gov’t Affairs (Blake)
19. Visit SLO CAL Advisory Committee (Newton)
20. Water Resources Advisory Committee, SLO (Blake)
21. Zone 3 Water Advisory Committee, SLO (Newton)
9. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration. Public comment on Consent Calendar items will be invited prior to action on the Calendar.
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
Adopt Minutes of the January 18, 2022 Regular Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for January 16, 2022;
2. Approve the Register of Demands for January 14, 2022 and January 21, 2022.
Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for December 2021 of FY 2021-2022 (Feeser)
Recommendation:
No action required; information only.
Item 9.D: Fiscal Year 2022 First Quarter Financial Status Report (Feeser)
Recommendation:
Receive as information only. No actions are requested or recommended.
Item 9.E: Quarterly Investment Report for the Three Months of October Through December 2021 – The Second Quarter of FY 2022 (Feeser)
Recommendation:
No action required; information only.
Council Agenda 2-1-2022
Pismo Beach City Council Agenda February 1, 2022
Item 9.F: Adoption of Findings Relating to AB 361 (Virtual Meetings) (Inderlied)
Recommendation:
Adopt the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:
1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.
2. The following circumstances exist:
• The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.
• State or local officials continue to impose or recommend measures to promote social distancing.
10. ITEMS PULLED FROM CONSENT CALENDAR
11. PUBLIC HEARINGS No earlier than 6:00 p.m.
None.
12. BUSINESS ITEMS May be reordered and heard prior to Public Hearings
Item 12.A: Public Art Design for Bello Street Bridge Project; Award of Contract to Southpaw Sign Company, Inc. for Old Bello Street Bridge Commemorative Benches and Interpretive Panels at new Bello Street Bridge (Jackson)
Recommendation:
Adopt a Resolution approving public art proposals for Bello Street Bridge commemorative benches and interpretive panels; and authorizing the City Manager to enter into a Professional Services Agreement with Southpaw Sign Company, Inc. in the amount of $38,770.18 for the creation and installation of historical Bello Street Bridge commemorative benches and interpretive panels at the new Bello Street Bridge, and appropriating related budget adjustments.
Item 12.B: Direction on Development of a Conceptual Parklet Program to Allow Outdoor Dining Within the Public Right-of-Way (Downing)
Recommendation:
Review and consider the conceptual parklet program and provide direction to staff.
Council Agenda 2-1-2022
Pismo Beach City Council Agenda February 1, 2022
Item 12.C: Annual Review of Code of Ethics for City Council and Advisory Body Members; Policy for Virtual Legislative Meeting Conduct (Lewis)
Recommendation:
1. Adopt a Resolution adopting a Virtual Legislative Meeting Conduct Policy;
2. Conduct the annual review of the City's Code of Ethics for City Council and Advisory Body Members, and provide direction to staff on any desired updates.
13. CITY COUNCIL COMMENTS AND REQUESTS
14. ADJOURNMENT
To the following meeting(s). Special and Closed Session times may be subject to change, as noticed. Meetings will be held virtually unless otherwise noted:
Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, February 15, 2022 To be held virtually Regular Council meetings will adjourn by 11:00 p.m. unless four-fifths of the Council votes to continue past that time. If the meeting is adjourned at 11:00 p.m., any remaining agenda items will be continued to the next regular meeting (R-97-04).
AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the February 1, 2022 meeting(s) of the Pismo Beach City Council was posted on January 27, 2022, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.
Erica Inderlied, City Clerk
Meeting Schedule: The City Council of Pismo Beach regularly meets on the first and third Tuesdays of each month at 5:30 p.m., unless otherwise noticed. Closed and Special sessions will be duly noticed as needed.
Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at pismobeach.org/agenda and upon request from the City Clerk’s Office, typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed Sessions and other Special meetings are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.
Related Materials: All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at [email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. when City Hall is open. Please call (805) 773-7003 with any questions.
Broadcasting: Regular (televised) City Council meetings are available for viewing 24/7 at pismobeach.org/agenda, broadcast live on Channel 20, and re-broadcast during the week following the meeting on Channel 20 at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day.
Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment during public comment or as part of a scheduled presentation, 24 hours prior to the meeting at (805) 773-7003.
Council Agenda 2-1-2022
Pismo Beach City Council Agenda February 1, 2022
Notice Regarding Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need agenda documents provided in an alternative format, please contact the City Clerk’s Office at 773-7003 as soon as possible prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-
35.104 ADA Title II).
Council Agenda 2-1-2022
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.A
` SUBJECT/TITLE:
ADOPTION OF MEETING MINUTES
RECOMMENDATION:
Adopt Minutes of the January 18, 2022 Regular Meeting.
BACKGROUND:
Attached for the Council’s consideration are the draft minutes of the subject meetings for review and adoption.
FISCAL IMPACT:
There is no fiscal impact associated with the preparation or adoption of meeting minutes.
ALTERNATIVES:
1. Adopt the minutes with revisions.
2.Decline to adopt the minutes; provide direction or request additional information.
ATTACHMENTS:
1.Draft Minutes from January 18, 2022
Submitted by: Erica Inderlied, City Clerk Meeting Date: February 1, 2022 City Manager Approval:
9.A-1Council Agenda 2-1-2022
Packet Page 1
DRAFT MINUTES
Pismo Beach City Council
Tuesday, January 18, 2022
Regular Meeting—5:30 p.m.
Meeting Held Virtually
The City Council of the City of Pismo Beach met this date in a regular session with Mayor Waage presiding.
CALL TO ORDER: 5:30 p.m.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage (via teleconference) None
Mayor Pro Tem Mary Ann Reiss (via teleconference)
Council Member Sheila Blake (via teleconference)
Council Member Marcia Guthrie (via teleconference)
Council Member Scott Newton (via teleconference)
Staff Present:
Matt Downing, Community Development Director (via teleconference) Nadia Feeser, Administrative Services Director (via teleconference) Benjamin Fine, Public Works Director/City Engineer (via teleconference) Jorge Garcia, Assistant City Manager (via teleconference) Erica Inderlied, City Clerk (via teleconference)
Gordon Jackson, Director of Tourism and Events (via teleconference) Paul Lee, Battalion Chief (via teleconference)
James R. Lewis, City Manager (via teleconference)
Chelsea O’Sullivan, Assistant City Attorney (via teleconference) Jeff Smith, Chief of Police (via teleconference)
Other staff present as noted below
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was not conducted.
3. ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
9.A-2Council Agenda 2-1-2022
Attachment 1
Packet Page 2
4. PRESENTATIONS
Item 4.A: Presentation: Pismo Preserve Update (Land Conservancy)
Presented by Kaila Dettman and Dylan Theobald.
5. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
6. CITY MANAGER’S REPORT
City Manager Lewis commented on various topics.
7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman had nothing to report.
8. COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:
Council Member Blake: San Luis Obispo County Water Resources Advisory Committee (WRAC).
Council Member Newton: San Luis Obispo County Integrated Waste Management Authority (IWMA) Board.
Mayor Pro Tem Reiss: Chapman Estate Foundation.
Mayor Waage: San Luis Obispo Council of Governments Board (SLOCOG); San Luis Obispo Regional Transit Authority (SLORTA) Board; San Luis Obispo Community Fire Safe Council; Leage of California Cities Coastal Cities Group
9. CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Newton
Second: Guthrie
9.A-3Council Agenda 2-1-2022
Attachment 1
Packet Page 3
Vote: The motion passed on the following vote (Items 9.A through 9.F):
Ayes: 5 Newton, Guthrie, Blake, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1. Adopt Minutes of the December 14, 2021 Special Closed Session;
2. Adopt Minutes of the December 21, 2021 Closed and Regular Meeting;
3. Adopt Minutes of the January 3, 2022 Special Meeting;
4. Adopt Minutes of the January 4, 2022 Regular Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for December 19, 2021 and January 2, 2022;
2. Approve the Register of Demands for December 22, 2021 and January 7, 2022.
Item 9.C: Department Activity Reports for December 2021 (All)
Recommendation:
Receive reports as information only.
Item 9.D: Paid Parking Quarterly Update – Second Quarter of Fiscal Year 2022 (Downing)
Recommendation:
Receive report; information only.
Item 9.E: Pavement Cut Moratorium, Striping Atlas Update, and Frady Lane Speed Limit (Fine)
Recommendation:
Adopt a Resolution authorizing the curb and traffic markings in the Striping Atlas, and reducing the speed limit on Frady Lane to 15 miles per hour.
Legislative Record: Resolution R-2022-003 adopted.
9.A-4Council Agenda 2-1-2022
Attachment 1
Packet Page 4
Item 9.F: Adoption of Findings Relating to AB 361 (Virtual Meetings) (Inderlied)
Recommendation:
Adopt the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:
1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.
2. The following circumstances exist:
• The state of emergency continues to directly impact the ability of the Council Members to meet safely in person. • State or local officials continue to impose or recommend measures to promote social distancing.
10. ITEMS PULLED FROM CONSENT
None.
11. PUBLIC HEARINGS
None.
12. BUSINESS ITEMS
Item 12.A: Progress Report on Fiscal Year 2022–2023 City Council Goals (Garcia)
Recommendation: Receive a progress report on the City Council’s Fiscal Year 2022-2023 Goals.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
Call for public comment:
Jeff Edwards commented.
Action: No action.
9.A-5Council Agenda 2-1-2022
Attachment 1
Packet Page 5
Item 12.B: Direction on James Way Beautification Project (Fine)
Recommendation: Adopt a Resolution approving the components of the James Way Beautification Project and appropriating related budget adjustments in Fiscal Year 2022.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Call for public comment:
The following commented:
Effie McDermott
Marie Angelus
Action: Consensus in support of directing staff to return in approximately one month with a conceptual plan prepared by a landscape architect that depicts improvements on the south (ocean) side of James Way, including landscaping planters designed to be flush with the sidewalk, as well as a “cost menu” for various project components.
In support: 5 Blake, Guthrie, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Item 12.C: Water Supply Update; Declaration of Restricted Water Supply Condition (Fine)
Recommendation: Adopt a Resolution declaring Severely Restricted Water Supply Conditions.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Call for public comment:
The following commented:
Tedd Shurson
9.A-6Council Agenda 2-1-2022
Attachment 1
Packet Page 6
Action: Adopt a Resolution declaring Severely Restricted Water Supply Conditions.
Motion: Newton
Second: Blake
Vote: The motion passed on the following vote:
Ayes: 5 Newton, Blake, Guthrie, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-004 adopted.
Action: Consensus in support of directing staff to include a low-flow showerhead rebate to the City’s water conservation incentive programs.
In support: 5 Blake, Guthrie, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
13. CITY COUNCIL COMMENTS AND REQUESTS
Council Member Newton commended Public Works staff for recent landscape maintenance work along Shell Beach Road.
14. ADJOURNMENT
At 7:47 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
9.A-7Council Agenda 2-1-2022
Attachment 1
Packet Page 7
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.B
SUBJECT/TITLE:
PAYROLL REGISTER AND REGISTER OF DEMANDS
RECOMMENDATION:
1. Approve the Summary of Payroll Register for January 16, 2022;
2. Approve the Register of Demands for January 14, 2022 and January 21, 2022.
BACKGROUND:
Attached are the Summary of Payroll Register(s) and Register(s) of Demands (Check Registers) noted above, provided for Council approval.
FISCAL IMPACT:
As demonstrated in the attached payroll and check registers.
ALTERNATIVES:
1. Request additional information from staff.
ATTACHMENTS:
1. Payroll Summary
2. Register of Demands
Submitted by: Meeting Date: February 1, 2022
Nadia Feeser, Administrative Services Director / City Treasurer
City Manager Approval:
9.B-1Council Agenda 2-1-2022
Packet Page 8
FOR PERIOD ENDING 01/16/22
CHECKS DATED 01/21/22
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 556756 ‐ 556760 5
ACH 116
EARNINGS
REGULAR 400,093.05
HOLIDAY 4,236.75
OVERTIME (Includes Comp Time Payouts)13,085.08
Administration ‐
Building ‐
Conference & Visitors Bureau ‐
Police Department 11,031.24
Parking ‐
Engineering ‐
Fire ‐
Recreation ‐
Public Works 21.10
Water 1,054.13
Wastewater 978.61
Motor Vehicles
Subtotal‐Overtime 13,085.08$
SALARY ADJUSTMENTS 539.51
TRAINING / UNIFORM ALLOWANCE 3,062.00
OTHER EARNINGS 13,568.98
$434,585.37
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 32,590.88
FICA & MEDICARE 33,264.39
STATE INCOME TAX 11,359.35
STATE DISABILITY INSURANCE 5,067.48
GARNISHMENTS 40.25
HEALTH 1,657.96
SUPPLEMENTAL DISABILITY 1,659.65
SECTION 125 2,557.72
PERS 30,008.25
DEFERRED COMPENSATION 8,539.05
ADDITIONAL LIFE INSURANCE 278.91
UNION DUES 2,083.22
PISMO ATHLETIC CLUB 182.50
OTHER
NET PAYROLL $305,295.76
DIRECT DEPOSIT DEDUCTION 302,652.85
NET PAYROLL AFTER ACH DEPOSIT 2,642.91
SUMMARY PAYROLL REGISTER
Attachment 1
9.B-2Council Agenda 2-1-2022
Packet Page 9
City of Pismo Beach
Final Disbursement List Check Date 01/14/2022
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
ACH 10696 Aflac / Flex One 01/14/2022 8,298.35$ WageWorks FSA & DDS Reimbursement Dec 2021 ACH 14257 Igoe Administrative Services 01/14/2022 734.20 IGOE FSA & DDS Reimbursement 1/1/22 - 1/09/22 121175 10434 Abalone Coast Analytical Inc 01/14/2022 177.00 Water Analysis 121176 12275 Airgas West Inc 01/14/2022 198.93 Cylinder Rental Dec 2021 121177 UB*00843 WALTER & MARY J ALBRIGHT 01/14/2022 142.22 Refund Check 011891-000, 705 BELLO 121178 11365 American Legal Publishing Corporation 01/14/2022 728.31 Folio/Internet Editing Dec 2021 121179 11382 Applied Technology Group, Inc. 01/14/2022 567.59 PD Command Vehicle Radio Supplies 121180 11326 Bartel Associates, LLC 01/14/2022 4,088.00 Actuarial Consulting Services 121181 13569 Jedidiah J. Bickel 01/14/2022 50.00 CVB/LBID 4th Qtr 2021 Stipend 121182 11392 Brenntag Pacific Inc. 01/14/2022 1,476.61 Sodium Bisulfite 25% 121183 13591 Ryan Bullock 01/14/2022 231.66 Reimbursement: Safety Boots 2021 121184 14268 Robert Cakshiri 01/14/2022 500.00 Childcare Assistance Grant Awardee 121185 12488 California Travel Association 01/14/2022 670.00 Cal Travel Membership 7/1/21 - 6/30/22 121186 14244 CI Technologies, Inc 01/14/2022 12,200.00 IAPro Internal Affairs Software Services & Maintenance 121187 14146 Pamela Ann Coslick 01/14/2022 64.00 Tae Kwon Do Dec 2021 #10808 121188 11121 Creative Product Sourcing Inc 01/14/2022 1,223.55 PD DARE Supplies 121189 14092 Aaron Cribbs 01/14/2022 390.00 Public Art Design Layout 121190 13386 Cuesta Polygraph & Investigations, LLC. 01/14/2022 3,050.00 PD Psychological Evaluations 121191 13675 Michael Drew Devine 01/14/2022 50.00 PRBC 4th Qtr 2021 Stipend 121192 14264 Michelle Dollins 01/14/2022 2,000.00 Childcare Assistance Grant Awardee 121193 10746 Electricraft Inc. 01/14/2022 4,396.00 Chapman Estate Electrical Work 121194 14271 Adnan El-Helou 01/14/2022 750.00 Cash for Grass - 224 Christine 121195 12589 Ferguson Enterprises, Inc. 01/14/2022 2,020.32 Pump Station Maintenance 121196 14136 Joseph L. Forrest 01/14/2022 5,865.58 Wastewater Cabinets & Countertops 121197 13603 Grand Awards - Arroyo Grande 01/14/2022 202.03 End of Year Plaques - PD 121198 13025 Stacy Jo L. Inman 01/14/2022 100.00 4th Quarter 2021 PC Meeting Attendance Stipend 121199 12255 Iron Mountain Information Mgmt, Inc 01/14/2022 87.65 Shredding Services- 11/23/21-12/21/21 121200 10612 Andrew Jones 01/14/2022 100.00 4th Quarter 2021 PC Meeting Attendance Stipend 121201 UB*00844 LEE & MARY ANNE LOPEZ (T) 01/14/2022 121.69 Refund Check 017921-000, 430 SOLAR #A 121202 12279 McMaster Carr 01/14/2022 106.14 WWTP Maintenance Supplies 121203 10097 Miners Hardware 01/14/2022 47.78 Maintenance Supplies 121204 11103 Mission Communications LLC 01/14/2022 2,827.76 Annual Service for Harloe & IRA Lease Alarm 121205 UB*00842 CYNDI & DUSTIN MITCHELL 01/14/2022 4.16 Refund Check 017395-000, 76 VALLEYVIEW 121206 13104 Municipal Management Assoc of Southern California MMASC 01/14/2022 90.00 Membership Renewal thru 1/28/23 M. Downing 121207 11172 Mullahey Ford 01/14/2022 54.03 Vehicle Maintenance 121208 10039 New Times 01/14/2022 212.00 Legal Notice Advertising 121209 10753 Nick's Telecom 01/14/2022 90.80 PD201 Radio repair 121210 11119 Sandra Nielsen 01/14/2022 25.00 PRBC 4th Qtr 2021 Stipend 121211 12270 Office Depot 01/14/2022 1,013.18 Office Supplies 121212 12315 Pacific Gas & Electric Company 01/14/2022 2,921.93 Electricity 12/06/21 - 01/03/22 121213 13344 Pacific Gas and Electric CFM/PPC Dept 01/14/2022 818.87 Bello Bridge - Rotate Electrical Panel 121214 12070 Michelle Pearson 01/14/2022 396.06 M&IE/Mileage: Cal Fire Chiefs' Conf 1/9/22 - 1/11/22 121215 14079 Clare Malone Prichard 01/14/2022 100.00 4th Quarter 2021 PC Meeting Attendance Stipend 121216 14201 Procare Medical Supplies 01/14/2022 1,195.00 Safety Supplies 121217 11085 Proforce Marketing Inc 01/14/2022 12,018.44 Primary Weapon System Equipment 121218 UB*00841 JOHN QUINN 01/14/2022 472.69 Refund Check 008902-000, 227 EL PORTAL 121219 13796 ReadyRefresh by Nestle 01/14/2022 806.51 Drinking Water 121220 11003 Mary Ann Reiss 01/14/2022 285.00 Internet/Phone Reimbursement Oct - Dec 2021 121221 13201 Rincon Consultants, Inc. 01/14/2022 12,287.50 Consultant for EIR for GP/LCP & CCB Nov 2021 121222 10904 Ron Rodriguez 01/14/2022 50.00 PRBC 4th Qtr 2021 Stipend 121223 13417 Mark Roemer 01/14/2022 50.00 CVB/LBID 4th Qtr 2021 Stipend 121224 11266 San Luis Auto Parts Inc 01/14/2022 58.71 Vehicle Maintenance Supplies 121225 13994 SBRK Finance Holdings, Inc. 01/14/2022 467.50 CivicPay IVR Transaction Fees Dec 2021 121226 14270 Cheryl Service 01/14/2022 251.00 Cash for Grass - 696 Shamrock 121227 UB*00845 ISAAC SHUCK (T) 01/14/2022 181.73 Refund Check 017603-000, 450 SOLAR #C 121228 13913 Silvas Oil Co., Inc 01/14/2022 6,951.95 Diesel & Unleaded Fuel Deliveries 12/22/2021 121229 10532 SLO County Sheriff-Coroner 01/14/2022 913.00 Crime Lab Services 121230 14099 Jeffrey Smith 01/14/2022 271.00 M&IE: CPCA Symposium- 2/6/22-2/10/22 121231 10730 South Coast Emergency Vehicle 01/14/2022 4,009.36 FDE64 Annual Service and Repairs 121232 13660 Springbrook National User Group 01/14/2022 250.00 National User Group Membership Renewal 121233 11620 Street Decor, Inc. 01/14/2022 2,881.79 Banners for Shell Beach Street Light Posts 121234 12629 Tetra Tech Inc 01/14/2022 750.00 Map Checking - 570 Wadsworth and ENG21-000011 121235 13751 Jeanette Trompeter 01/14/2022 750.00 PR Liaison Services - My Maintenance Video 121236 10014 United States Postal Service 01/14/2022 949.37 Postage - 2022 AB Recruitment Mailer 121237 14095 Reed Van Rozeboom 01/14/2022 100.00 4th Quarter 2021 PC Meeting Attendance Stipend 121238 14034 Vital Records Holdings, LLC 01/14/2022 119.95 Document Storage/Compliance Reporting Jan 2022 121239 13617 Debra D. Warden 01/14/2022 277.08 Adopt A Bench Plaque 121240 13394 Adam Werner 01/14/2022 50.00 4th Quarter 2021 PC Meeting Attendance Stipend 121241 11626 Wilkins Action Graphics 01/14/2022 2,015.34 2022 Tide Books 121242 13491 Wilmington Trust, National Association 01/14/2022 2,000.00 2017 CREBS Bond Trustee Fees Total 109,604.32
Attachment 2
9.B-3Council Agenda 2-1-2022
Packet Page 10
City of Pismo Beach
Final Disbursement List Check Date 01/21/2022
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
ACH 10002 Internal Revenue Service 01/21/2022 99,119.66$ Federal Income Tax PD 01/21/22 ACH 11305 Public Employees Retirement System 01/21/2022 64,189.15 PERS Retirement EE & ER PD 01/21/22 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 01/21/2022 18,412.72 ICMA 457 Deferred Comp PD 01/21/22 ACH 12305 Franchise Tax Board 01/21/2022 16,426.83 SDI-State Disability Insurance PD 01/21/22 ACH 12360 CalPERS 457 Plan 01/21/2022 187.50 PERS 457 Deferred Comp PD 01/21/22 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA 01/21/2022 545.00 ICMA Roth IRA PD 01/21/22 ACH 12944 Leaf 01/21/2022 1,231.19 City Wide Copier Lease Jan 2022 ACH 13455 Wex 01/21/2022 530.36 Fuel for City Vehicles 12/07/21 - 01/07/22 121244 12295 Addiction Medicine Consultants, Inc. 01/21/2022 1,365.00 DOT Testing for Calendar Year 2022 121245 13999 Alfa Laval Inc. 01/21/2022 144,053.40 Reconditioning Belt Filter Press - Final Payment 121246 12285 American Public Works Association 01/21/2022 555.00 APWA 2022 - B. Fine- M. Kacsinta- B. Haas 121247 10147 Arrowhead Scientific, Inc 01/21/2022 628.00 Evidence Supplies 121248 12485 ASCAP 01/21/2022 390.00 Annual Music License 2022 121249 13460 AT&T Mobility 287284035974 01/21/2022 853.20 Phone services- 12/1-12/30/21 121250 14119 Boone Printing & Graphics, Inc. 01/21/2022 768.63 PD Business Cards - New Branding 121251 14248 Boys and Girls Club of So. San Luis Obispo County 01/21/2022 1,700.00 Childcare Support Services Dec 2021 121252 13269 Bianka Buchanan 01/21/2022 176.00 M&IE: LCW Conf 2/2/21-2/4/22 121253 UB*00851 EILEEN BUECHER (T) 01/21/2022 112.15 Refund Check 010055-000, 446 STIMSON #B 121254 13412 CA State University Long Beach Research Foundation 01/21/2022 794.00 IA Seminar Registration 2/7/22-2/9/22 A. Souza & D. Herlihy 121255 10269 Carquest Auto Parts 01/21/2022 657.88 Vehicle Maintenance Supplies 121256 13951 Central Coast Portables 01/21/2022 3,083.85 Portable Restrooms - Dinosaur Caves During Construction 121257 14244 CI Technologies, Inc 01/21/2022 8,200.00 Blue-Team Web-Enabled Entry Application - Unlimited 121258 14142 Crosno Construction, Inc. 01/21/2022 125,256.40 Shell Beach Reservoir #1 Replacement Project 121259 11893 CRS West, Inc-SLO 01/21/2022 145.96 Office 24 x 150 bond paper roll for large prints 121260 13386 Cuesta Polygraph & Investigations, LLC. 01/21/2022 3,000.00 Pre Employment Background Checks 121261 12307 Department Of Justice 01/21/2022 113.00 Fingerprint Services Nov 2021 121262 10915 Department Of Motor Vehicles 01/21/2022 131.35 2022 Vehicle Code Books 121263 12320 Dept Of Forestry and Fire Protection 01/21/2022 3,177.16 Vegetation Management-Toro Crews 121264 12790 Diversified Project Services International 01/21/2022 16,349.52 Storm Drain Repair/Design/CM/Inspect/Materials Testing Dec 2021 121265 11289 eGenoa, LLC 01/21/2022 3,439.38 Wrap on Mobile Command Vehicle 121266 12541 Engel & Gray Inc 01/21/2022 7,507.42 Composting Biosolids Dec 2021 121267 13586 Famcon Pipe & Supply Inc. 01/21/2022 307.09 Distribution Maintenance 121268 13450 Franchise Tax Board-Tax Withholding 01/21/2022 40.25 Tax Withholding Order PD 01/21/22 121269 14192 Gallagher Benefit Services, Inc. 01/21/2022 4,125.00 Total Compensation Study - Classifications & Benefits Oct 2021 121270 13575 Jorge Garcia 01/21/2022 382.09 M&IE: City Mgr Conf 2/2/22-2/4/22 121271 10797 Geosolutions, Inc. 01/21/2022 13,850.00 Geotechnical Services - Safety Center Project 121272 UB*00849 JOAN GIN 01/21/2022 406.12 Refund Check 013561-000, 655 LEMOORE 121273 14069 Greines, Martin, Stein & Richland LLP 01/21/2022 2,500.00 Professional Legal Services Nov 2021 121274 UB*00850 JACQLYN GRIFFITH 01/21/2022 108.61 Refund Check 018338-000, 244 WAWONA 121275 13373 Heather Schuh Huston 01/21/2022 900.00 January Clam Painting Pismo Coast Village, Clam Island & VIC 121276 13276 InfoSend, Inc. 01/21/2022 1,324.12 Data Processing-Printing-Mailing City's Utility Bills Dec 2021 121277 11280 Inglis Imports Inc 01/21/2022 2,163.34 PD K9 Rex Dog Boarding, Training and Dog Food 121278 13385 IPS Group, Inc. 01/21/2022 2,276.36 Parking Kiosk Supplies & IPS Transaction Fees Dec 2021 121279 10474 Joseph Wolosz 01/21/2022 5,500.00 Wolosz Parking Lot Lease - Feb 2022 121280 14274 Homer Laxamana 01/21/2022 100.00 Refund: Paid UB payment to incorrect City 121281 10428 League Of California Cities 01/21/2022 200.00 Membership Dues for Channel Counties Division 2022 121282 12019 James Lewis 01/21/2022 382.09 M&IE: City Mgr Conf 2/2/22-2/4/22 121283 12279 McMaster Carr 01/21/2022 26.63 WWTP Supplies 121284 13645 MDN Engineering, LLP 01/21/2022 10,200.00 Dino Caves/Price Historical Park Restrooms - CM Nov 2021 121285 10097 Miners Hardware 01/21/2022 614.15 Maintenance Supplies 121286 UB*00842 CYNDI & DUSTIN MITCHELL 01/21/2022 100.00 Refund Check 017395-000, 76 VALLEYVIEW 121287 13964 MNS Engineers, Inc. 01/21/2022 48,841.03 Construction Management - Bello Bridge Replacement Nov 2021 121288 14278 Daniel Mounts 01/21/2022 1,000.00 Deposit Refund: SBVH Event Date 8/8/22 121289 11172 Mullahey Ford 01/21/2022 255.46 Vehicle Maintenance 121290 12912 Multi Business Systems 01/21/2022 209.10 Window Envelopes 121291 UB*00847 MISS MURPHY (T) 01/21/2022 505.90 Refund Check 018191-000, 705 SHAMROCK 121292 10039 New Times 01/21/2022 583.00 Legal Notice Advertising 121293 10728 Oilfield Environmental & Compliance, Inc. 01/21/2022 3,630.26 Lab Analysis - Nov 2021 121294 14276 Frank Paciano 01/21/2022 1,500.00 Bond Release - 109 Naomi encroachment permit 121295 12315 Pacific Gas & Electric Company 01/21/2022 11,817.74 Electricity 12/08/21 - 01/05/22 121296 14275 Peoples Choice Appliance Repair 01/21/2022 325.91 Repair of refrigerator at Sta 64 121297 11220 People's Self-Help Housing Corporation 01/21/2022 819,813.45 Affordable Housing Project at 855 4th Street 121298 12022 Pismo Beach Police Officer's Association 01/21/2022 1,398.39 POA Dues PD 01/21/22 121299 10140 Quincy Engineering Inc 01/21/2022 3,664.10 Bello Bridge ESDC - Nov 2021 121300 10240 R & T Embroidery, Inc. 01/21/2022 64.50 Finance/IT Embroidery 121301 14279 Nikki Rodriguez 01/21/2022 281.00 Ins/Rental Refund: MDP Event Date 2/22/22 121302 12516 San Luis Obispo Co. Health Agency 01/21/2022 7,569.75 Q2 FY 2021-22 Animal Shelter Services 121303 13330 San Luis Obispo County Dept of Planning/Building 01/21/2022 1,810.50 Central Coast Blue - Pre application meeting fees Nov-Jan 121304 11208 SEIU Local 620 AFL/CIO 01/21/2022 684.83 SEIU Dues PD 01/21/22 121305 UB*00846 BRYAN & CINDY SHOOLERY (T) 01/21/2022 96.08 Refund Check 017256-000, 981 STRATFORD 121306 12570 SLO Roasted Coffee 01/21/2022 87.50 Coffee Supplies 121307 11722 SP Maintenance Services Inc 01/21/2022 4,413.75 Parking Lot & Street Sweeping Services Nov 2021 Attachment 2
9.B-4Council Agenda 2-1-2022
Packet Page 11
City of Pismo Beach
Final Disbursement List Check Date 01/21/2022
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
121308 14178 Steven Puglisi Architects, Inc. 01/21/2022 1,108.75 Construction Docs for Chapman ADA Improvements 121309 13582 TerraCosta Consulting Group, Inc. 01/21/2022 13,870.92 Ocean Blvd - Nov 2021 121310 12991 TransUnion Risk and Alternative 01/21/2022 150.00 Investigative Services- 12/1/21-12/31/21 121311 12651 Chris Trimble 01/21/2022 291.00 M&IE: POST Training 1/23/22 - 1/27/22 121312 13392 Urban Planning Concepts 01/21/2022 8,525.00 In-House Planning Services Nov 2021 121313 12622 USA Bluebook Acct: 82507 01/21/2022 434.49 WWTP Lab Supplies 121314 10507 V & V Manufacturing 01/21/2022 3,341.92 PD Silver Uniform Badges 121315 10370 Visit SLO CAL 01/21/2022 7,311.60 IPW Booth Expenses Las Vegas 2021 121316 13617 Debra D. Warden 01/21/2022 1,472.03 Bronze Plaque - Bello Bridge 121317 UB*00848 SHERI WOOD (T) 01/21/2022 64.58 Refund Check 017768-000, 300 WILMAR #E Total 1,513,728.10
Attachment 2
9.B-5Council Agenda 2-1-2022
Packet Page 12
Agenda Item #9.C
SUBJECT/TITLE:
MONTHLY INVESTMENT TRANSACTION REPORT OF THE CITY’S CASH AND INVESTMENTS FOR DECEMBER 2021 OF FY 2021-2022
RECOMMENDATION:
No action required; information only.
EXECUTIVE SUMMARY:
This report updates the City Council on the City of Pismo Beach’s monthly transactions of the City’s investment portfolio for the month ending December 31, 2021. California State Government Code Section 53607 states that if the authority of the legislative body to invest or reinvest funds for the City is delegated to the City Treasurer, the City Treasurer shall make a monthly report of those transactions to the legislative body.
The attached report includes all transactions of the City’s investments managed by the City, including funds invested in various securities and the City’s pooled funds invested in various financial instruments.
•Attachment 1 provides a summary of the City’s cash, investments, and monthly interest earnings based on book value as of December 31, 2021. •Attachment 2 provides details on the investment transactions for the General Fund Reserve and City Pooled Funds A (for deferred capital projects), including: purchases or deposits; sales, maturities, calls or withdrawals; and interest earnings. •Attachment 3 provides details of the monthly transactions by fund for City Pooled Funds B (for current year expenditures) for the month ending December 31, 2021.
FISCAL IMPACT:
No fiscal impact from the report itself—information only.
ALTERNATIVES:
1.No Council action is proposed, other than to receive the information.
ATTACHMENTS:
1.Summary Table for ALL Funds, including Book Values and Earnings Data for Investments in Other Financial Instruments
2.For the General Fund Reserve and City Pooled Funds A—Transactions on Investments in Securities
3.For City Pooled Funds B—Summary of monthly transactions by fund Prepared by: Vanessa Garris, Finance Manager Meeting Date: February 1, 2022 Submitted by: Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:
Council Agenda 2-1-2022 9.C-1
PISMO BEACH COUNCIL AGENDA REPORT
Packet Page 13
City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned
December 2021
Actual Year-to-
Date Interest
Earned Ending
12/31/2021 * Data Sources
General Fund Reserves US Bank CDs/GASs/Corp/
Muni Bonds
1.78% avg 7,063,013 7,716$ 57,786$ 1 City Pooled Funds - A US Bank CDs/GASs/Corp/
Muni Bonds
1.65% avg 21,629,217 28,437 161,401 1 Total All Securities 28,692,230$ 36,153$ 219,187$ City Pooled Funds - B US Bank Custody 0.00%-$ 1$ 6$ 1 City Pooled Funds - B Local Agency Invest.
Fund
State Investment
Pool
0.23%19,267,848 11,092 22,818 2 City Pooled Funds - B US Bank Checking 0.00%21,753,070 92 436 3 City Pooled Funds - B 41,020,919$ 11,185$ 23,260$ City Pooled Funds total A + B 62,650,135$ 39,622$ 184,660$ Funds Held with Fiscal
Agent
Bond funds:
Wilmington Trust
2017 Pier Project 4$ 4$ 4$ 4 Funds Held with Fiscal
Agent
Bond funds:
Wilmington Trust
2017 CREB's
Project
6$ 3$ 3$ 4 CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit
Trust Account
Various managed by
CalPERS
4,956,606$ 230,228$ 210,859$ 5 TOTAL, Cash and Investments at December 31, 2021:74,669,763$ 277,573$ 453,312$ TOTAL for City Managed Portfolio, Cash and Investments:69,713,148$ 47,338$ 242,446$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund 3 = Monthly reconciled bank statement from US Bank
4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments Council Agenda 2-1-2022 9.C-2
Attachment 1
Packet Page 14
CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
December 31, 2021
INVESTMENT ACTIVITY
PURCHASES OR DEPOSITS
12/29/21 Purchase FHLB 1,000,000$
Total 1,000,000$
SALES, MATURITIES, CALLS OR WITHDRAWALS
12/30/21 Matured Berkshire Bank 245,000$
Total 245,000$
ACTIVITY TOTAL 755,000$
INTEREST REVENUE
GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 7,716$
POOLED INVESTMENTS
Interest Earned on Investments 28,437$
TOTAL INTEREST EARNED 36,153$
Data Source: Monthly Download of Transactions from US Bank Council Agenda 2-1-2022 9.C-3
Attachment 2
Packet Page 15
Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:12/31/2021 Bank Account Description Bank ID
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
General Checking US Bank 21,792,840$ 5,907,758$ (5,228,862)$ 281,334$ (1,000,000)$ 21,753,070$ LAIF LAIF 19,267,848 - - - - 19,267,848 Total all Bank Accounts 41,060,688$ 5,907,758$ (5,228,862)$ 281,334$ (1,000,000)$ 41,020,919$ Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
General Fund
General Fund 1001-10101 11,975,317 3,163,627 (1,496,084) - - 13,642,861 General Fund-Reserve 1001-10105 364,218 (237,284) - - - 126,934 Half Cent Sales Tax Fund 1002 3,180,699 (32,642) - - - 3,148,057 Special Revenue Funds
Gas Tax Fund 2001 165,823 (164,749) - - - 1,074 LTF - Streets 2002 400,389 96,965 - - - 497,354 PEG Access Fund 2003 137,475 - - - - 137,475 Police Grant Fund 2004 251,744 (3,475) - - - 248,269 Housing In Lieu Fund 2005 3,151,776 (139,283) - - - 3,012,493 LBID Fund 2006 1,800,330 218,694 (205,089) - - 1,813,936 Chapman House 2007 371,506 22,525 (4,060) - - 389,971 Capital Projects Funds
Capital Projects Fund 3001 (856,155) 885,519 (1,468,116) - - (1,438,752) Public Facilities Fund 3002 868 - - - - 868 Park Development Fund 3003 609,845 13,159 (180,202) - - 442,802 Circulation Fund 3101 351,603 (98,685) - - - 252,918 Development Impact Fee Fund 3102 489,507 8,997 - - - 498,504 Developer Impact Fee Fund 3103 165,210 - - - - 165,210 Underground Utility Fund 3201 16,333 - - - - 16,333 Council Agenda 2-1-2022 9.C-4
Attachment 4
Packet Page 16
Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:12/31/2021 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
Debt Service Funds
Public Finance Authority Fund 4001 - - - - - - Public Finance Authority Fund 4002 - - - - - - Freeway Foothills AD Fund 4101 756 - - - - 756 Spyglass AD Fund 4102 12,581 - - - - 12,581 Indio-El Portal AD Fund 4112 731 - - - - 731 Visalia Street AD Fund 4113 99,906 - - - - 99,906 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 4,698,537 175,393 (1,044,151) - -3,829,778 Water Tax - Gragg Fund 6102-10102 100 - - - - 100 Water Construction Fund 6103 328,672 267,442 (15,726) - - 580,389 Water Expansion Fund 6104 1,111,666 13,722 - - - 1,125,388 Wastewater Enterprise Fund 6201 3,413,797 251,793 (256,631) - - 3,408,959 Wastewater Construction Fund 6202 1,005,362 227,815 - - - 1,233,176 Wastewater Expansion Fund 6203 1,836,974 21,826 - - - 1,858,801 LTF - Transit Fund 6301 29,313 (72) - - - 29,242 Pier Operations Fund 6401 13,407 6,225 (4,168) - - 15,464 Parking Fund 6501 2,926,496 129,561 (43,341) - - 3,012,717 Internal Service Funds
Technology Service Fund 7101 87,204 71,200 (67,360) - - 91,045 Motor Vehicle Fund 7201 2,214,155 89,915 (393,249) - - 1,910,821 Trust & Agency Funds
SLO County TMD 8201 173,248 168,957 (185,437) - - 156,768 Control Funds
Payroll Control Fund 9301 317,540 1,376 164,094 - - 483,010 Interest Control Fund 9302 12,070 92 - - - 12,161 Utility Billing Control Fund 9304 201,135 1,840 (155) - - 202,821 M/R Control Fund 9305 - - - -- - Total all cash funds 41,060,138 5,160,453 (5,199,673) - - 41,020,919 Council Agenda 2-1-2022 9.C-5
Attachment 3
Packet Page 17
Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:12/31/2021 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 0 - - - - 0 General Fund - CD's 1001-10404 4,833,000 (245,000) - - - 4,588,000 General Fund - Fed Agency 1001-10405 3,184,000 615,000 - - - 3,799,000 GF - Half Cent Sales Tax CD's 1002-10404 1,225,000 - - - - 1,225,000 GF - Half Cent Sales Tax 1002-10405 - - - - - - GF - Half Cent Sales Tax Mny M 1002-10108 0 - - - - 0 GF Reserve Money Mkt Cash 1001-10109 0 - - - - 0 GF Reserve - CD's 1001-10403 3,097,000 - - - - 3,097,000 GF Reserve - Fed Agency 1001-10402 1,208,000 245,000 - - - 1,453,000 GF Reserve - Building 1001-10406 447,000 - - - - 447,000 GF Reserve - Building - Federal A1001-10146 53,000 - - - - 53,000 GF Reserve - Risk Mgmt - CD's 1001-10407 150,000 - - - - 150,000 GF Reserve - Risk Mgmt - Fed A 1001-10140 50,000 - - - - 50,000 GF Corp Bond - Pooled 1001-10141 529,143 - - - - 529,143 GF Corp Bond - Reserve 1001-10145 500,000 - - - - 500,000 GF Municipal Bonds Pooled 1001-10142 435,101 - - - - 435,101 GF Municipal Bonds Reserve 1001-10143 1,263,013 - - - - 1,263,013 Risk Mgmt Muni Bonds Reserve 1001-10144 50,000 - - - - 50,000 Half Cent Sales Tax - Pooled 1002-10141 499,685 - - - - 499,685 Half Cent Sales Tax - Muni Bond 1002-10142 571,288 - - - - 571,288 GF CREB's Fiscal Agent 1001-10515 (0) - - - - (0) Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 (0) - - - - (0) Housing In Lieu Fund 2005-10404 875,000 - - - - 875,000 Housing In-Lieu Fed Agencies 2005-10405 - 140,000 - - - 140,000 Capital Projects Funds
Park Develop. Fund Mny Mkt 3003-10108 - - - - - - Park Development Fund 3003-10404 - - - - - - Park Develop Federal Agencies 3003-10405 - - - - - - Circulation Fees Mny Mkt 3101-10108 - - - - - - Circulation Fees 3101-10404 245,000 - - - - 245,000 Develop. Impact Fee Mny Mkt 3102-10108 0 - - - - 0 Development Impact Fee Fund 3102-10404 490,000 - - - - 490,000 Impact Fees Federal Agencies 3102-10405 - - - - - - Council Agenda 2-1-2022 9.C-6
Attachment 3
Packet Page 18
Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:12/31/2021 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
Debt Service Funds
Public Fin Fiscal Agent-Pier 4002-10510 278,181 (278,178) - - - 4 Public Fin Fiscal Agent-CREBs 4002-10515 229,526 (229,521) - - - 6 Enterprise Funds
Water Fund Money Mrkt Csh 6101-10108 0 - - - - 0 Water Fund CD's 6101-10404 590,000 - - - - 590,000 Wtr Fund Federal Agencies 6101-10405 2,155,000 - - - - 2,155,000 Wtr Fund Corp Bond - Pooled 6101-10141 - - - - - - Water Construction Money Mkt 6103-10108 (0) - - - - (0) Water Construction 6103-10404 490,000 - - - - 490,000 Wastewater Fund Money Market 6201-10108 0 - - - - 0 Wast ewater Fund CD's 6201-10404 245,000 - - - - 245,000 Wastewater Fund Fed Agencies 6201-10405 2,100,000 - - - - 2,100,000 WWtr Fund Corp Bond - Pooled 6201-10141 1,062,000 - - - - 1,062,000 Parking Enterprise Money Mrkt 6501-10108 (0) - - - - (0) Parking Enterprise 6501-10404 490,000 - - - - 490,000 Parking Fund Federal Agencies 6501-10405 1,000,000 - - - - 1,000,000 Internal Service Funds
MVR Fund Money Mrkt Csh 7201-10108 0 - - - - 0 MVR Fund CD's 7201-10404 100,000 - - - - 100,000 MVR Fund Federal Agencies 7201-10405 0 - - - - 0 CalPers Benefit Trust
OPEB Trust Account 8101-10408 4,727,421 229,184 - - - 4,956,606 Total all Investments 33,172,359$ 476,486$ -$ -$ -$ 33,648,845$ Total all Funds 74,232,497$ 5,636,939$ (5,199,673)$ -$ -$ 74,669,764$ Council Agenda 2-1-2022 9.C-7
Attachment 3
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.D
SUBJECT/TITLE:
FISCAL YEAR 2022 FIRST QUARTER FINANCIAL STATUS REPORT
RECOMMENDATION:
Receive as information only. No actions are requested or recommended.
EXECUTIVE SUMMARY:
This report updates the City Council on the status of Fiscal Year (FY) 2021-22 ending on June 30, 2022, or FY 2022, financial status based on actual revenues and expenditures during the first half of the fiscal year.
Overall, the City of Pismo Beach’s funds are projected to be financially stable, with sufficient fund balances. The FY 2022 ending General Fund unassigned fund balance is projected to be $9.97 million, which is $5.70 million less than the FY 2021 ending unassigned fund balance, as the one-time and capital project expenditures spend down the fund balance.
For most the City’s other funds, revenues and expenditures in the City’s other funds are projected to be balanced and the ending fund balances are in line with the FY 2022 Adopted Budget ending fund balances. In most of the funds, there are sufficient fund balances and projected revenues to cover projected expenditures.
The following sections provide details of the General Fund financial picture, followed by a summary and highlights of the City’s other funds.
I. General Fund Budget Summary
In summary, based on actual revenues and expenditures during the first six months of the fiscal year, the General Fund is projected to end FY 2022 with a $9.97 million unassigned fund balance. The FY 2022 projected $9.97 million unassigned fund balance is $1.05 million greater than the FY 2022 Revised Budget. This projected increase is largely attributable to $116 thousand greater operating revenues, $917 thousand fewer operating expenditures, and $11 thousand greater one-time revenues.
The unassigned fund balance is used to pay for future one-time investments included in the FY 2023 budget and in the 10-year Capital Improvement Plan. Also, a portion of the unassigned fund balance could be used in this fiscal year to help pay for a larger FY 2022 Paving project of $3.85 million, an additional $1.00 million for already budgeted capital projects, and an additional $1.00 million CalPERS pre-payment.
In addition to the General Fund unassigned fund balance, the General Fund includes two set-asides: Budget Stabilization Reserve set-aside of $2.00 million and a CalPERS Pre- Payment Set-Aside of $1.00 million. The $1.00 million CalPERS Pre-Payment Set-Aside is planned to be used to help offset the City’s unfunded pension liability and is funded by
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a portion of previous fiscal years personnel savings. Staff plans to come back to Council in the spring of 2022 to allocate these funds, and possibly another $1.00 million to help reduce this debt and save interest costs.
The following table is a summary of the FY 2021 actuals and the FY 2022 General Fund revised budget, projected actuals, and a variance comparing the budget to projected actuals.
Table 1: FY 2022 General Fund Budget Summary
II. General Fund Beginning Fund Balance
The General Fund beginning fund balance is comprised of two different components:
• the unassigned fund balance, which are funds that are not committed for any specific purpose and could be used for various one-time projects, and • the committed or carryforward fund balance, which are funds that are committed for a specific budgeted use.
As illustrated in the following table, the FY 2022 Adopted Budget General Fund beginning fund balance was projected to be $14.15 million. Based on changes during FY 2021 and carrying forward fund balance to cover previously budgeted but not-yet-spent expenditures, the beginning fund balance is revised to $18.20 million. This includes $14.23 million of unassigned fund balance and $3.98 million of carryforward fund balances.
A B C D = C - B
($ thousands)
FY 2021
Actuals
FY 2022
Revised
Budget
FY 2022
Year-End
Projected
Actuals
Variance
(Actuals-
Budget)
Unassigned Fund Balance 6,642$ 14,225$ 14,225$ -$ Committed Fund Balance 7,569 3,976 3,976 - a Beginning Fund Balance 14,210 18,200 18,200 - b Operating Revenues 28,851 31,497 31,613 116 c Operating Expenditures 19,764 25,514 24,597 (917) d = b - c Net Operating Surplus/(Deficit) 9,087 5,983 7,017 1,034 e One-time Revenues 1,247 471 482 11 f One-time/Capital Expenditures 2,800 12,667 11,292 (1,375) g = a+d+e-f Ending Fund Balance 21,745$ 11,987$ 14,406$ 2,420$ Unassigned Fund Balance 15,669$ 8,921$ 9,966$ 1,045$ Committed Fund Balance 3,976 - 1,375 1,375 Contribution to Reserves 100 65 65 - Budget Stabilitation Set-Aside 2,000 2,000 2,000 - CalPERS Pre-Payment Set-Aside 1,000 1,000 -
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Table 2: FY 2022 General Fund, Beginning Fund Balance
III. General Fund Reserve
The City maintains various General Fund reserves totaling $7.06 million for emergency operations, building depreciation, and risk management. These reserves are crucial in order to avoid disrupting the City’s operations following unanticipated events. The reserves are shown in the table below, followed by a summary of each reserve.
Table 3: General Fund Reserves
Reserve Amount ($ thousands)
General Fund 25% Reserve $6,313
City Building Reserve 500
Risk Management Reserve 250
Total $7,063
General Fund 25% Reserve
The City has adopted a fiscal policy to fund a General Fund Reserve of 25% of General Fund budgeted annual operating expenditures for FY 2022. The General Fund reserve should be equal to $6.38 million, which is 25% of the total FY 2022 budgeted annual operating expenditures of $25.51 million. Currently, the General Fund Reserve is $6.31 million, which is invested in various securities. This reserve allows the City to maintain its operations for a couple of months in the event that an emergency or disaster impacts the City’s finances.
City Building Reserve
The Council created a City Building Reserve of $500 thousand, for the maintenance and upkeep of City facilities and buildings, particularly if funds are not available. This amount is equal to five years of annual depreciation on City-owned buildings.
Risk Management Reserve
The City Council established a Risk Management Reserve, contributing $50 thousand each year to budget for unanticipated risk management costs. This reserve has a balance of $250 thousand, which is the maximum contribution level.
($ thousands)
Adopted
Budget
Budget
Revisions Actuals
Unassigned Fund Balance 14,149$ 76$ 14,225$
Capital Funds Carryforward 3,516 3,516
Purchase Orders Carryforward 414 414
Prepayment Carryforward 45 45
Total Fund Balance 14,149$ 4,051$ 18,200$
$3,976
Carryforward
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IV. General Fund Revenues
The FY 2022 Revised Budget revenues total $31.97 million. FY 2022 projected actual revenues are $32.10 million, or $127 thousand greater than budget. Compared to the previous year, FY 2022 projected actual revenues are $2.00 million, or 6.6% greater than FY 2021. This increase over the prior year is largely due to additional projected transient occupancy tax (TOT) revenues in FY 2022 in comparison to TOT revenues in FY 2021.
This projected TOT revenue increase is largely due to reflecting a full year of the additional 1.0% TOT revenue compared to only half a year of the additional 1% TOT in FY 2021. The table below summarizes the General Fund revenue budget and projected actual revenues for FY 2022, which is followed by a brief discussion of the top three FY 2022 projected actual sources of revenues.
Table 4: FY 2022 General Fund Revenue Budget and Projected Actuals
• Transient Occupancy Tax (TOT) revenues are projected to be equal to budget and are projected to be $3.16 million, or 22.2%, greater than the previous year’s TOT revenues. TOT revenues are equal to 11% of the rent charged by all lodging businesses for a person exercising occupancy for 30 consecutive calendar days or less. This increase in TOT revenues compared to the prior year is largely due to reflecting a full year of the additional 1.0% TOT revenue (Measure B-20 that was approved by the voters on November 3, 2020 increasing TOT from 10% to 11% of gross lodging revenues and effective January 2021), compared to only half a year of the additional 1% TOT in FY 2021. In addition, FY 2022 projected TOT revenues reflect fewer closures and travel restrictions from COVID-19 compared to FY 2021 and higher room rates. The following table illustrates the actual TOT revenues A B C D = C - B E = C - A F = C/A-1
($ thousands)
Revenue Category
FY 2021
Actuals
FY 2022
Revised
Budget
FY 2022
Projected
Actuals
Variance
(Projected
Actuals -
Revised
Bdgt)
Variance
(FY22 Proj
Act - FY21
Actuals)
% Variance
(FY22 Proj
Act v FY21
Actuals)
Proj
Actual
% of
Total
Transient Occupancy Tax 14,210$ 17,370$ 17,370$ -$ 3,160$ 22.2% 54.1% Property Related Taxes 6,221 6,250 6,250 - 30 0.5% 19.5% Sales and Use Tax 3,661 3,445 3,665 220 4 0.1% 11.4% Other revenues 1,902 1,868 1,868 - (34) -1.8% 5.8% Permits 1,137 912 878 (34) (259) -22.8% 2.7% Franchise Taxes 657 631 657 26 - 0.0% 2.0% Departmental Revenues 354 425 309 (116) (46) -12.8% 1.0% Business Tax 218 211 218 8 - 0.0% 0.7% Transfers In 140 140 140 - - 0.0% 0.4% Other Finan Sources - 96 96 - 96 0.0% 0.3% Other Taxes 244 78 91 13 (153) -62.8% 0.3% Intergovernmental Revenue 55 43 43 - (12) -21.1% 0.1% Grants 52 28 28 - (24) -46.1% 0.1% Total Operating Revenues 28,851$ 31,497$ 31,613$ 116$ 2,762$ 9.6% 98.5% One-time Revenues 1,247 471 482 11 (766) -61.4% 1.5% Total Revenues 30,099$ 31,968$ 32,095$ 127$ 1,997$ 6.6% 100.0%
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received by month in FY 2022 and FY 2021, showing an increase of 32.4% compared to the previous year.
Table 5: TOT Revenues for the First Five Months of FY 2022 and FY 2021
Based on data obtained from Smith Travel Research Inc., a provider of competitive benchmarking, information services, and research to the hotel industry, the increase in TOT revenues is largely due to an increase in room revenue. The average daily rate increased by 29.4% on average during the first six months of FY 2022 compared to the same period in the prior fiscal year. In addition, occupancy rates during the first six months of FY 2021 increased by 4.3% compared to the same period in the prior fiscal year.
Staff projects TOT revenues to reach $17.37 million, which is equal to budget and are projected to be $3.16 million, or 22.2%, greater than the previous year’s TOT revenues. The additional 1% of TOT revenues is programmed to be used to pay the debt service on construction of the proposed Public Safety Facility.
• Property related tax revenues are projected to be equal to budget and $30 thousand, or 0.5%, greater than previous year’s property tax related revenues. There are two sources of property related tax revenues:
o Property Tax Assessed Value revenues: equivalent to 1% of assessed values o Property Tax In Lieu of Vehicle License Fees: 1% tax on the market value of a registered vehicle.
Assessed value cannot increase by more than 2.0% per year per Section 2 of Article XIIIA of the California Constitution. However, the San Luis Obispo County Auditor- Controller’s office is projecting assessed values to increase by 3.3%. This reflects supplemental assessments (new construction and change in ownership) and the recovery of Proposition 8 reductions which can increase assessed values over the
2.0% per year rate. About half of the Proposition 8 reductions remain to be recovered, which means property tax revenues should continue to increase above the 2.0% per year rate if property values continue to rise at their current pace.
($ thousands)
Month FY 2021 FY 2022 Variance % Change
July 1,488 2,354 866$ 58.2%
August 1,479 1,886 406 27.5%
September 1,238 1,553 315 25.4%
October 1,198 1,298 101 8.4%
November 819 1,150 331 40.4%
Total 6,222$ 8,241$ 2,019$ 32.4%
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• Sales and Use Tax revenues are projected to be $220 thousand greater than budget and $30 thousand, or 0.5%, greater than the prior year. Sales and use tax revenues are made up of two sources:
o Bradley-Burns uniform sales and use tax, which is a 1.0% tax on taxable sales within the city.
o Public safety tax, which is a 0.5% tax on taxable sales for specified public safety purposes.
The Bradley-Burns uniform sales and use tax is expected to be $4 thousand greater than the prior year. The public safety sales tax revenues are budgeted at $105 thousand in FY 2022 and are anticipated to be on budget.
In summary, sales and use tax revenues are projected to be $220 thousand greater than budget and $4 thousand, or 0.1%, greater than the prior year.
V. General Fund Expenditures
The FY 2022 Revised Budget expenditures total $38.18 million. Operating expenditures are projected to be $917 thousand less than the Revised Budget based on first and second quarter expenditures. One-time capital costs are projected to be $1.38 million less than budget based on the timing of the capital projects.
Total operating expenditures through the second quarter should be about 50% of the budget, assuming the timing of expenditures is consistent throughout the year. This year, about 43% of the operating budget has been spent through the second quarter, while only 6% of the one-time capital expenditure budget has been spent through the second quarter. These one-time costs are dependent on the timing of construction of these projects. The table below provides details of actuals as a percentage of budget by expenditure category, followed by explanations of the large variances from the 50% mark.
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Table 6: FY 2022 General Fund Expenditure Budget and Projected Actuals
Some operating costs that do not reflect consistent monthly spending include:
• Benefits, which includes retirement, health, and other benefits for employees. In order to take advantage of a 3% savings in CalPERS pension costs, the City prepaid the full year of its projected normal CalPERS pension costs. As such, the Benefits expenditure category reflects that 58% of the budget spent through the second quarter.
• Professional Services, which reflects that 14% was spent through the second quarter.
These costs are based on the timing of work performed and are not set amounts per month.
• Other Financing Uses, which includes a $1.00 million general contingency budget and reflects that only 12% of the budget has been spent through the second quarter. This budget is allocated over time based on unanticipated costs that come up throughout the year and are not a consistent allocation of expenditures. • Retiree Medical Insurance costs, which reflects that 25% of budget was spent through the second quarter. The monthly costs are payments to Retirees, but the majority of these payments are contributions to CalPERS for the actuarially determined contribution and are paid toward the end of the fiscal year.
One-time capital costs reflect payments based on the timing of various capital projects.
Staff projects that $11.29 million of the $12.67 million budget will be spend this fiscal year.
These projects include the Public Safety Facility project, the FY 2022 Paving project, the City Hall Corporation Yard project, the Ocean Boulevard Improvements project, the Chapman Estate Improvements project, the Chumash Park Improvements, the James Way Beautification project, and various other projects. Total projected one-time savings A B C D = C/B E F = B - E
($ thousands)
Expenditure Category
FY 2021
Actuals
FY 2022
Revised
Budget
FY 2022
Second
Quarter
Actuals
Second
Quarter
Actuals %
of Budget
FY 2022
Projected
Actuals
Variance
(Revised
Bdgt -
Projected
Actuals)
Proj
Actual
% of
Total
Salaries & Wages 6,995$ 8,055$ 3,915$ 49% 7,540$ 515$ 21.0% Benefits 4,390 5,131 2,966 58% 4,859 272 13.5% Professional Services 3,389 4,019 581 14% 3,836 184 10.7% Contract Services 2,048 3,270 1,501 46% 3,354 (84) 9.3% Operations & Maintenance 930 1,732 762 44% 1,732 - 4.8% Other Expenses 722 953 398 42% 953 - 2.7% Other Financing Uses 135 869 106 12% 869 - 2.4% Transfers Out 465 576 229 40% 576 - 1.6% Retiree Medical Insurance 207 458 116 25% 458 - 1.3% Debt Service 435 434 301 0% 404 30 1.1% Capital Projects 49 16 2 0% 16 - 0.0% Total Operating Expenditure 19,764$ 25,514$ 10,877$ 43%24,597$ 917$ 68.5% One-time Capital Costs 2,800 12,667 738 6% 11,292 1,375 31.5% Total Expenditures 22,564$ 38,181$ 11,615$ 30% 35,889$ 2,292$ 100.0%
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for FY 2022 are $1.38 million, which will be carried forward to FY 2023. These savings do not contribute to an increase in fund balance, as these are committed funds.
VI. General Fund Contingency Budgets
General Contingency
The FY 2022 Adopted Budget included $1.00 million in the General Fund general contingency account that may be used for various one-time items that come up during the year. Of this amount, $43 thousand of this appropriation was allocated, leaving $957 thousand remaining. Details of the allocation is provided in the following table.
Table 7: FY 2022 General Fund General Contingency Budget
Council Contingency
The FY 2022 Adopted Budget also includes a $5 thousand City Council contingency appropriation that may be used for various one-time items that come up during the year.
None of this contingency has been allocated in the first two quarters of FY 2022.
VII. Next Level Budget
The FY 2022 Adopted Budget included $400 thousand in the General Fund non- department contract services account that may be used for various “next-level” contract services. Of this amount, $26 thousand of this appropriation was allocated, leaving $374 thousand remaining. Details of the allocation is provided in the following table.
Table 8: FY 2022 Next Level Budget
Beginning Balance July 1, 2021 1,000,000$
Appr opriations
Janitorial Services (42,721)
General Plan LCP Amendment (207,922)
Total Appropriations (250,643)
Ending Balance as of June 30, 2022 749,357$
Beginning Balance July 1, 2021 400,000$
Appropr iations
Public Records Request Clerk (26,085)
Total Appropriations (26,085)
Ending Balance as of June 30, 2022 373,915$
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VIII. Other Funds
The following table reflects fund balance, projected revenue, and projected expenditure activity in the City’s other funds. For most funds, revenues and expenditures are projected to be on budget and the ending fund balances are in line with the FY 2023 Adopted Budget beginning fund balances.
Table 9: Other Funds
A B C D = B - C E = A + D F G = E - F
Fund
Type Fund Fund Title
Beginning
Fund Balance
Projected
Actual Revenue
Projected Actual
Expenditure Net Rev - Exp
Projected
Ending Fund
Balance Carryforward
Unrestricted
Fund Balance
General Operating Funds
1001 General Fund 18,200,272 32,095,134 35,954,474 (3,859,340) 14,340,933 1,374,971 12,965,962 1002 Half-Cent Sales Tax Fund 4,935,391 1,948,733 3,602,439 (1,653,706) 3,281,685 2,504,683 777,001 Special Revenue Funds
2001 Gas Tax Fund 98,552 367,031 465,000 (97,969) 583 - 583 2002 Local Transportation 403,644 205,043 575,141 (370,098) 33,547 - 33,547 2003 PEG Fund 138,494 37,000 34,732 2,268 140,762 - 140,762 2004 Grants-NonCapital 193,111 183,300 217,553 (34,253) 158,858 92,581 66,277 2005 Housing In Lieu Fee 4,209,633 80,000 1,537,107 (1,457,107) 2,752,526 1,839,659 912,867 2006 LBID Operations 718,387 1,501,550 1,482,982 18,568 736,955 - 736,955 2006 LBID Improvements (2,067,697) 1,501,550 358,888 1,142,662 (925,035) - (925,035) 2007 Chapman Estate 42,921 420,761 463,421 (42,660) 261 - 261 Capital Project Funds
3001 Capital Projects 613,814 23,029,001 23,477,604 (448,603) 165,210 165,210 - 3002 Public Facilities Fund 875 - - - 875 - 875 3003 Park Development Fund 594,249 128,436 398,249 (269,813) 324,437 291,863 32,574 3101 Circulation Fees 580,090 29,458 115,270 (85,812) 494,278 90,623 403,656 3102 Impact Fees 1,026,661 77,161 671,359 (594,199) 432,462 - 432,462 3103 Developer Impact Fee 62,182 1,000 - 1,000 63,182 - 63,182 3201 Underground Utility Fnd 16,466 - - - 16,466 - 16,466 Debt Service Funds
4001 PFA Debt Service - 390,988 390,988 - - - - 4002 PF Agency Debt 5 709,572 709,572 - 5 - 5 4101 Reass 92-1 Fwy Fthlls 762 - - - 762 - 762 4102 Spyglass 92-4 12,683 - - - 12,683 - 12,683 Enterprise Funds
6101 Water Enterprise 6,882,780 5,271,304 8,632,611 (3,361,307) 3,521,472 3,521,472 - 6102 Water Tax (Lopez/State)210,888 2,955,177 2,778,933 176,244 387,132 387,132 - 6103 Water Construction Fund 1,064,892 2,401,741 2,453,504 (51,763) 1,013,129 1,013,129 - 6104 Water Expansion Fund 994,609 138,036 - 138,036 1,132,645 1,132,645 - Water Enterprise Funds 9,153,168 10,766,258 13,865,048 (3,098,790) 6,054,378 6,054,378 - 6201 Wastewater Treatment 7,576,680 5,317,831 5,920,198 (602,367) 6,974,312 6,974,312 - 6202 Wastewater Capital Proj 861,761 186,000 181,000 5,000 866,761 866,761 - 6203 Wastewater Expansion 1,594,513 284,160 473 283,687 1,878,201 1,878,201 - Wastewater Funds 10,032,954 5,787,991 6,101,671 (313,680) 9,719,274 9,719,274 - 6301 Local Trans Transit 29,902 - 429 (429) 29,473 29,473 - 6401 Pier Enterprise 93,600 69,145 98,212 (29,067) 64,533 64,533 - 6501 Parking Enterprise 3,409,461 2,638,207 880,439 1,757,769 5,167,230 3,514,425 1,652,805 Internal Service Funds
7101 Technology Service Fund 129,023 1,317,839 1,388,477 (70,638) 58,385 - 58,385 7201 Motor Vehicle Fund 2,154,880 1,279,512 1,366,033 (86,521) 2,068,359 13,464 2,054,896
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Highlights of Other Funds
Half-Cent Sales Tax Fund (1002)
The Half-Cent Sales Tax Fund is part of the General Fund which includes a 0.50% transaction sales and use tax. This tax was approved by Pismo Beach voters in June 2008, effective October 1, 2008, and renewed in November 2014, which extends the tax to March 31, 2027. The tax proceeds are used exclusively for infrastructure projects. This fund started the year with a $4.94 million beginning fund balance (after including carryforward fund balances). Projected actual revenues are $1.95 million. Projected actual expenditures are $3.60 million. Based on the projected revenues and expenditures for the current year, there is a $777 thousand projected ending fund balance in this fund.
The following table lists the budgeted projects in this fund for FY 2022.
Table 10: Half-Cent Sales Tax Fund FY 2022 Budgeted Projects and Projected Actuals
Gas Tax Fund (2001)
The Gas Tax Fund is a Special Revenue Fund whose revenues include State gas tax funds based on the State’s apportionment formula. These funds are used for City street light costs, City traffic signal maintenance costs, and street repairs and/or capital improvements. This fund started the year with a $99 thousand beginning fund balance (after including carryforward fund balances). Projected actual revenues are $367 thousand and projected actual expenditures are $465 thousand for the FY 2022 Paving project. Based on the projected revenues and expenditures for the current year, there is a $583 projected ending fund balance in this fund.
Local Transportation Fund (2002)
The Local Transportation Fund is a Special Revenue Fund whose funds are used for construction and maintenance of streets, bluff protection, and beach access. Revenues for this fund consist of State Transportation Development Act funds, which remain after funds are allocated for regional transit, local transit, and Ride-on services. Projected actual revenues are $205 thousand and $575 thousand of expenditures are budgeted for the FY 2022 Paving project. Based on the projected revenues and expenditures for the current year, there is $34 thousand projected ending fund balance for this fund.
Projects
FY 2022
Budget
FY 2022
Projected
Actuals
Ocean Blvd Improvement Project $1,516,810 $1,011,207
FY20 Paving Project 30,800 -
City Hall Parking Lot 25,000 -
Storm Drains Project 870,214 870,214
Pavement Management Plan Update 2,855 - FY 2022 Paving Project 3,326,443 1,386,018
Tennis Bball Court relocation 335,000 335,000 Total $6,107,122 $3,602,439
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Public Education Government Fund (2003)
The Public, Educational, and Governmental (PEG) Access Fee Fund includes revenues from a PEG Access Fee collected from cable television providers (i.e. Spectrum) with franchise operations within city limits. Expenditures include capital costs related to governmental cable broadcasting and equipment. Based on projected revenues of $37 thousand and projected expenditures of $35 thousand, the PEG Fund is expected to end the year with a $141 thousand fund balance.
Housing In Lieu Fund (2005)
The Housing In Lieu Fund is a Special Revenue Fund with revenues from a development impact fee paid to the City as an alternative to the production of affordable housing (housing in-lieu fee). These funds are used for the acquisition, construction, or rehabilitation of affordable housing. The fund is projected to have $913 thousand of funds available by the end of the year for this purpose.
Lodging Business Improvement District Fund (2006) Operations The Pismo Beach Lodging Business Improvement District (LBID) Fund for operations reflects a 1% assessment on transient rents at transient lodging providers as revenues and budgeted expenditures to promote Pismo Beach lodging businesses. The LBID Fund started the year with a $718 thousand beginning fund balance. City staff projects that LBID assessment revenues and interest earnings will be $1.50 million. Operating expenditures are projected to be equal to budget. The fund is expected to end the year with an $737 thousand ending unrestricted fund balance.
LBID Fund (2006) Improvements
The LBID Fund for improvements includes a 1% assessment for physical improvements, in particular the Pier Plaza project. The LBID Fund started the year with a negative $2.07 million beginning fund balance after including a $2.32 million remaining balance on the interfund loan payable to the Motor Vehicle Replacement (MVR) Fund and pre-funding the Pier Plaza project in FY 2020 and FY 2021. City staff projects that LBID assessment revenues and interest earnings will be $1.50 million. The LBID Improvements expenditure budget includes $359 thousand for the Spyglass sidewalk under US-101, Beach Swing replacements at Addie and Main Streets, and interest costs to the MVR Fund. The second interfund loan payment is expected to be $1,245,321. The fund is expected to end the year with a negative $925 thousand ending unrestricted fund balance. The fund is expected to have a positive balance at the end of FY 2023 when the loan is paid in full.
Chapman Estate Fund (2007)
The Chapman Estate Fund reflects donations or other contributions for the Chapman Estate as revenues and ongoing maintenance and one-time infrastructure improvements to the Chapman Estate as expenditures. The fund started the year with $43 thousand and is expected to receive $420 thousand of revenues, largely due to the $382 thousand payment from the Chapman Estate trust and interest earnings. Proposed private event revenues are not anticipated at this time until the roofing project, window replacement project, and the accessible restrooms are built. Projected actual expenditures are $463 thousand, including $382 thousand that is transferred out of the Chapman Estate Fund
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into the Capital Projects Fund to support a portion of the Chapman Estate roofing project and $48 thousand for operating costs of the home and grounds and monthly maintenance costs for utilities and gardening. Although the projected revenues support the projected expenditures this fiscal year, the fund will either need General Fund support or a reduction of the transfer out of the trust funds at the end of the year to continue to operate as the operating costs were originally anticipated to be covered by a portion of the trust fund revenues and those are now supporting the Chapman roof project. The remaining projected ending balance of this fund is $798.
Park Development Fund (3003)
The Park Development Fund is a Capital Project Fund with Quimby Act (park development in-lieu) fees and Impact Fees as funding sources to support construction costs of new parks and park lands, and the enhancement of existing parks to serve new development. The fund started the year with $594 thousand and is projected to receive $128 thousand in revenues. Projected actual expenditures total $398 thousand and include the following projects.
Table 11: Park Development Fund FY 2022 Budgeted Projects
The fund is expected to end the year with a $33 thousand ending fund balance.
Water Enterprise Fund (6101)
The Water Enterprise Fund is an Enterprise Fund consisting of revenues from water billings and expenditures for: contract meter reading; direct water services and supplies; on-going inspection, repair, and maintenance of the City’s wells, tanks, booster stations, hydro-pneumatic system, and water distribution system components; water conservation efforts; and ensuring that a safe, drinkable supply of water is provided to Pismo Beach.
Water revenues are projected to be $5.27 million and expenditures are projected to be $8.63 million.
The projected ending fund balance for the Water Enterprise Fund is $3.52 million, which is allocated for future water system capital costs, including the Central Coast Blue project.
Note that the Water Enterprise Fund also includes the Water Tax, Water Construction, and Water Expansion Funds and the ending fund balance across all these funds is $6.05 million.
Projects
FY 2022
Budget
FY 2022
Projected
Actuals
Dinosaur Caves Restroom 384,038$ 384,038$
Price Historic Park/ Meherin House 141,366 9,504
Palisades Park improvements 100,000 -
South Palisades Outdoor fitness equipment/trail 60,000
Overhead costs 4,707 4,707
Total 690,111$ 398,249$
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Wastewater Treatment Fund (6201)
The Wastewater Treatment Fund is an Enterprise Fund consisting of revenues from wastewater billings and expenditures for direct services and supplies; operation and maintenance of the City’s wastewater treatment plant and the wastewater collection facilities including pumps and pipelines; and ensuring the City’s treatment and collection system operations meet City, federal, and state laws and requirements. The ending fund balance is $6.97 million which is already allocated for other wastewater capital projects.
Note that the Wastewater Treatment Funds also include the Wastewater Capital Fund and the Wastewater Expansion Fund. The total combined ending fund balance across all these funds is $9.72 million.
Pier Enterprise Fund (6401)
The Pier Enterprise Fund includes revenues from a concession lease on the Pier and expenditures for repair and maintenance of the Pier, Promenade, and nearby facilities.
The beginning fund balance is $94 thousand and projected revenues are $69 thousand, of which $64 thousand is from revenues from the Pier Airstreams and $5 thousand is from the General Fund. Projected expenditures are $98 thousand, including $88 thousand for pier and pier plaza operating costs and $10 thousand for the Airstreams security and maintenance. The Pier Enterprise Fund is expected to end the year with a $65 thousand ending fund balance.
Parking Enterprise Fund (6501)
The Parking Enterprise Fund is an Enterprise Fund consisting of revenues from parking kiosks, parking citations, and parking permits to support a Parking Supervisor and implement the goals of the Pismo Beach Parking Management Plan to administer existing parking more efficiently, provide more downtown parking, improve enforcement and parking management, and provide funds for future parking structures. Revenues are projected to reach $2.64 million to fund operating expenditures of $757 thousand.
In addition to operating expenditures, the budget includes $3.64 million for one-time projects, including $2.51 for the purchase of property to increase the City’s parking inventory, $750 thousand for paving the parking lots, $250 thousand for a Police Downtown Sub-station, $19 thousand for additional parking meters, $4 thousand for a radio system upgrade and reliability project, and $824 for other projects. The FY 2022 projected ending fund balance is $1.65 million.
Motor Vehicle Replacement Fund (7201)
The Motor Vehicle Replacement (MVR) Fund is an Internal Service Fund that funds the City’s motor vehicle operations and maintenance and motor vehicle replacements for various City departments. These costs are funded by accumulated fund balance, transfers from other funds, and motor vehicle rental charges to other funds. In FY 2020, the MVR Fund is provided a $3.28 million interfund loan from its cash balance to the LBID Fund for the Pier Plaza project. Consequently, the MVR Fund has a $2.15 million beginning fund balance. The interfund loan is anticipated to be paid overtime during FY 2021 through FY 2023. The FY 2022 projected ending fund balance is $2.05 million, which are accumulated funds necessary to fund future replacements.
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FISCAL IMPACT:
There is no fiscal impact from receiving this report as it is information only.
ALTERNATIVES:
1.Request additional information from staff.
ATTACHMENTS:
None
Prepared by: Meeting Date: February 1, 2022
Nadia Feeser, Administrative Services Director
City Manager Approval:
9.D-14Council Agenda 2-1-2022
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E
SUBJECT / TITLE:
QUARTERLY INVESTMENT REPORT FOR THE THREE MONTHS OF OCTOBER THROUGH DECEMBER 2021—THE SECOND QUARTER OF FY 2022
RECOMMENDATION:
No action required; information only.
EXECUTIVE SUMMARY:
This report updates City Council on the City’s investment portfolio as of the quarter ending on December 31, 2021. This report complies with regulations set forth in California State Government Code Section 53646 in which the City Treasurer is required to submit to the legislative body (City Council) a quarterly report containing various information on the City’s investments.
The report includes all investments managed by the City, including funds invested in various securities, the City’s pooled funds invested in various financial instruments, and funds held in reserve with fiscal agents.
• Table 1 (Attachment 1) provides a summary of the City’s cash, investments, and earnings based on book value as of December 31, 2021.
• Tables 2 and 3 (Attachments 2 and 3) provides details on the investment type, issuer, maturity date, book value, market value, and interest rates as of December 31, 2021 for the General Fund Reserve and City Pooled Funds A, respectively.
All of the City’s investments and the City’s allocation of funds in the various financial instruments comply with State Government Code Sections 53610—53686 and with the City’s Investment Policy’s primary objective to safeguard the principal. Additionally, the City of Pismo Beach’s invested funds as described in this report comply with the City’s Investment Policy and meet the City’s pooled expenditure requirements for the next six months.
Description of Cash and Investment Accounts
Negotiable Certificates of Deposit (CDs), US Government Agency Securities (GASs), Corporate Bonds (Corp Bonds), and Municipal Bonds (Munis) • General Fund Reserves: The City has three reserves invested in various financial instruments that mature at various periods over the next five years. The total amount invested for these three reserves is $7.06 million, earning a projected 1.78% average interest rate during Fiscal Year (FY) 2022. Specifics of each reserve are provided below:
o General Fund Reserve: The City adopted a Fiscal Policy that maintains a General Fund Reserve of 25% of budgeted annual operating expenditures. This Reserve should be $6.36 million, which is 25% of the FY 2022 budgeted annual operating
9.E-1Council Agenda 2-1-2022
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expenditures. Currently, $6.31 million is invested in various CDs, GASs, Corp Bonds, and Munis earning 1.71% on average per year.
o City Building Reserve: The City Council created a City Building Reserve of $500 thousand for the maintenance and upkeep of City facilities and buildings. Currently, this Reserve is invested in various CDs and GASs earning on average 2.11% per year during FY 2022.
o Risk Management Reserve: The City Council established a Risk Management Reserve, contributing $50 thousand each year. Currently, this Reserve is $250 thousand, which is invested in CDs, GASs, and Munis earning 2.72% on average per year.
• City-Pooled Funds A (for deferred capital projects): Based on the City’s 10-year capital plan and the cash flow needs for the next five years, the City has invested $21.63 million in various CDs, GASs, Corp Bonds, and Munis that mature at various periods over the next five years and have a 1.65% average interest rate during FY 2022.
Other Financial Instruments
City-Pooled Funds B (for current year expenditures): The City follows the practice of pooling cash for all funds in financial instruments. Interest earned on pooled cash and investments is allocated quarterly to the various funds based on the respective fund’s average quarterly cash balance. As of December 31, 2021, the City-Pooled Funds B are allocated or invested as described below.
• $19.27 million in Local Agency Investment Fund (LAIF): LAIF is a state investment pool earning 0.23% annually and is the City’s main savings account where the majority of cash is held for current year expenditures.
• $21.75 million in U.S. Bank Checking: This account is the City’s primary checking account.
OPEB Trust Account
The Governmental Accounting Standards Board (GASB) requires public-sector entities to account for the promise to provide other post-employment benefits (OPEB) over the working life of the employee rather than on a pay-as-you-go basis. The City has an actuarial study performed every two years to determine how much to set aside each year to partially or completely fund our future obligations for retiree health costs.
The OPEB Trust Account is the California Employers’ Retiree Benefit Trust (CERBT) Fund that was set up for the purpose of receiving employer contributions to prefund retiree health and OPEB costs for retirees and their beneficiaries. This trust fund helps finance future costs in large part from the investment earnings provided by CalPERS, rather than the City’s restricted investment earnings. The projected earnings are 6.75% per year and fluctuate from quarter to quarter. The City contributes to the account at the Actuarial Determined Contribution amount of $234 thousand for this year toward the City’s unfunded liability. This contribution now appears as an asset for the City’s future retiree health costs instead of a significant liability on the City’s balance sheet.
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Portfolio Allocation
Per the State Government Code 53600 et seq., and the City's Investment Policy, the City may invest up to a maximum percentage of the entire portfolio of funds in authorized financial instruments. The following table shows a summary of the authorized financial instruments, the maximum percentage limits, the book value as of December 31, 2021 of the City’s funds, and the percentage of the total City’s pooled funds that are invested in each financial instrument.
Financial Instrument
Maximum
%
Book Value as
of 12/31/21
% of
Portfolio
Local Agency Investment Fund 100% 19,267,848$ 28%
Negotiable Certificates of Deposit 30% 13,032,000 19% Checking Account 100% 21,753,070 31%
Corporate Bond 30% 2,590,828 4%
Issues of Other California entities 30% 2,319,402 3% US Government Agency Obligations 50% 10,750,000 15% 69,713,148$ 100%
Bond funds: Wilmington Trust 9$
OPEB Trust Account 4,956,606
Total Book Value 74,669,763$
Local Agency
Investment Fund,
28%
Negotiable
Certificates of
Deposit, 19%Checking Account,
31%
Corporate Bond,
4%
Issues of Other
California entities, 3%
US Government
Agency
Obligations, 15%
Portfolio Allocation
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Portfolio Liquidity
The portion of the City’s portfolio that is managed by the City Treasurer (all accounts except the Bond Funds and OPEB Trust Account) is sufficiently liquid to meet the City’s expenditure requirements for the next 6 months. The majority of funds are invested in LAIF, which has a liquidity of one day. The following table and chart illustrate the liquidity of the City’s managed portfolio.
Liquidity Amount
0 to 30 days 41,020,919$
FY 2022 4,076,685
FY 2023 3,288,506
FY 2024 1,130,862
FY 2025 9,211,177
FY 2026 7,750,000
FY 2027 3,235,000
69,713,148$
0 10,000 20,000 30,000 40,000 50,000
0 to 30 days
FY 2022
FY 2023
FY 2024
FY 2025
FY 2026
Portfolio Amount ($ thousands)
Li
q
u
i
d
i
t
y
P
e
r
i
o
d
Portfolio Liquidity
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Investment Value
Book Value: The book value represents the initial outlay for an investment and is the amount carried on a balance sheet. In the past quarter ending December 31, 2021, the City’s total book value of cash and investments was $74.67 million. This is $5.08 million greater than the last quarter’s ending balance. There are a number of factors that impact changes in cash and investment balances from quarter to quarter. These changes may include receiving periodic payments (e.g., property taxes are received in December and April), large payments on debt service or capital projects, seasonal revenues and expenditures, and other factors affecting cash flow.
Market Value: The market value represents the current price at which a security can be traded and is the value of an investment comparing the various aspects of the security to other factors in the market such as interest rates. The market value as of December 31, 2021 for CDs, GASs, Municipal Bonds, and Corporate Bonds was $28.66 million, which is $37 thousand less than the book value. The City expects to hold onto the majority of its investments to maturity and would receive the book value of its investment.
Investment Name Type of Investment
Book Value as
of 12/31/21
Book Value as of
9/30/21 Variance
General Fund Reserve CDs/GASs/Corp
Bonds/Muni Bonds
7,063,013$ 6,563,013$ 500,000$
City Pooled Funds - A CDs/GASs/Corp
Bonds/Muni Bonds
21,629,217 22,114,217 (485,000)
City Pooled Funds - B Various 41,020,919 36,189,657 4,831,261 Bond funds Blackrock Federal
Fund
9 5 4
OPEB Trust Account Benefit Trust
Account
4,956,606 4,727,421 229,184
TOTAL 74,669,763$ 69,594,314$ 5,075,450$
Investment Name
Type of
Investment
Book Value as of
12/31/21
Market Value as
of 12/31/21 Variance
General Fund Reserve CDs/GASs/
Corp Bonds/
Muni Bonds
7,063,013$ 7,031,239$ (31,774)$
City Pooled Funds - A CDs/GASs/
Corp Bonds/
Muni Bonds
21,629,217 21,624,009 (5,208)
Total All Securities 28,692,230$ 28,655,248$ (36,981)$
9.E-5Council Agenda 2-1-2022
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Investment Earnings and Performance
Interest Earnings: In the past quarter ending December 31, 2021, the City’s total interest earnings were a gain of $357 thousand, including a $127 thousand gain in the City’s managed portfolio and a $230 thousand gain in OPEB. The estimated interest earnings for FY 2022 are $791 thousand, which is 1.08% for the year for the City’s entire portfolio and 0.73% for the City’s managed portfolio. Note that as the City’s cash and investments change, the interest earnings change correspondingly.
Performance: The projected annual interest earnings rate for FY 2022 is 1.08% for the City’s entire portfolio. The projected annual interest earnings rate for FY 2022 is 0.73% for the City’s managed portfolio (excludes Bond funds and OPEB Trust Account). This is compared to LAIF, which earned 0.23% as of December 31, 2021, or the 1-year U.S.
Treasury Note, which earned 0.38% as of December 31, 2021. The following table lists the various performance measures regarding the various annual earnings rate for the City’s entire portfolio, the City’s managed portfolio, and the two benchmarks of LAIF and the 1 year U.S. Treasury Note.
Performance Measure Earnings
Rate
City’s Annual Earnings Rate for entire Portfolio 1.08%
City’s Annual Earnings Rate for Managed Portfolio 0.73% LAIF Average Annual Earnings Rate 0.23%
1 Year U.S. Treasury Note 0.38%
Investment Name
Type of
Investment
Book Value as
of 12/31/21
Actual
Interest
Earned 2nd
Quarter
Annual
Interest
Earnings
Estimated
Annual
Interest
Earnings
Estimated
Annual Interest
Earnings Rate
General Fund Reserves CDs/GASs/
Corp Bonds/
Muni Bonds
7,063,013$ 34,602$ 57,786$ 120,541$ 1.71% City Pooled Funds - A CDs/GASs/
Corp Bonds/
Muni Bonds
21,629,217 81,039 161,401 339,912 1.57% City Pooled Funds - B Various 41,020,919 11,346 23,260 46,519 0.11% Bond funds Wilmington
Trust
9 7 7 13 143.10% OPEB Trust Account*Benefit Trust
Account
4,956,606 230,228 210,859 297,396 6.00% TOTAL 74,669,763$ 357,221$ 453,312$ 804,382$ 1.08% Total Managed Portfolio 69,713,148$ 126,987$ 242,446$ 506,972$ 0.73%
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Future Outlook
On December 15, 2021, Federal Reserve stated that it is committed to using its full range of tools to support the U.S. economy during this challenging time to promote its maximum employment and price stability goals. With progress on vaccinations and strong policy support, employment and economic activity have improved. Inflation is elevated, reflecting supply and demand issues related to the pandemic and the reopening of the economy. Overall financial conditions remain accommodative, in part reflecting policy measures to support the economy and the flow of credit to U.S. households and businesses.
The Federal Open Market Committee (FOMC) decided to maintain the target range for the federal funds rate to 0.00% to 0.25%. The Committee expects to maintain this target range until it is confident the economy is on track to achieve maximum employment and price stability, exceeding 2% inflation for a period of time.
With inflation, the market interest rates are increasing. Based on increasing interest rates, the City’s investment earnings potential is improving and could lead to greater investment earnings as the City’s current investments mature and are reinvested in higher yielding securities.
FISCAL IMPACT:
No fiscal impact from the report itself—information only.
ALTERNATIVES:
No Council action is proposed, other than to receive the information.
ATTACHMENTS:
1.Table 1: Summary Table for ALL Funds, including Book Values and Earnings Data for Investments in Other Financial Instruments
2.Table 2: For the General Fund Reserve—Basic Data on Investments in Securities
3.Table 3: For City Pooled Funds A—Basic Data on Investments in Securities Submitted by: Meeting Date: February 1, 2022
Nadia Feeser, Administrative Services Director/City Treasurer City Manager Approval:
9.E-7Council Agenda 2-1-2022
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Investment Name Name of Institution Type of Investment Current
Earnings
Rate
Book Value
as of 12/31/21
Actual Interest
Earned 2nd
Quarter Ending
12/31/21
Year-to-Date
Interest
Earned
Ending
12/31/21
* Data
Source
Estimated
Annual Interest
Earnings **
General Fund Reserves Union Bank CDs/GASs/Corp
Bonds/Muni Bonds
1.78% avg 7,063,013$ 34,602$ 57,786$ 1 120,541$ City Pooled Funds - A Union Bank CDs/GASs/Corp
Bonds/Muni Bonds
1.65% avg 21,629,217 81,039 161,401 1 339,912 Total All Securities 28,692,230$ 115,641$ 219,187$ 460,453$ City Pooled Funds - B US Bank Custody 0.00%-$ 5$ 6$ 1 12 City Pooled Funds - B Local Agency Invest.
Fund
State Investment Pool 0.23%19,267,848 11,092 22,818 2 45,636 City Pooled Funds - B US Bank Checking 0.00%21,753,070 249 436 3 871 City Pooled Funds - B 41,020,919$ 11,346$ 23,260$ 46,519$ City Pooled Funds total A + B 62,650,135$ 92,384$ 184,660$ 506,972$ Funds Held with Fiscal
Agent
Bond funds: Wilmington
Trust
2017 Pier Project 4$ 4$ 4$ 4 7 Funds Held with Fiscal
Agent
Bond funds: Wilmington
Trust
2017B CREBs 6$ 3$ 3$ 4 6 Calpers Benefit Trust
OPEB Trust Account CalPERS Benefit Trust
Account
Various managed by
CalPERS
4,956,606$ 230,228$ 210,859$ 5 297,396 TOTAL, Cash and Investments at December 31, 2021:74,669,763$ 357,221$ 453,312$ 804,382$ TOTAL for City Managed Portfolio, Cash and Investments:69,713,148$ 126,987$ 242,446$ 506,972$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund. 3 = Monthly reconciled bank statement from respective bank. 4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account ** Estimated Annual Interest Earnings for the current Fiscal Year FY 2022:
1. Estimated Earnings on Government Agency Securities and Certificates of Deposit are based on scheduled Interest Payments during FY 2022
2. Estimated Earnings on Other Financial Instruments are based on anticipated average account balances (Book Values) and interest rates during FY 2022.
City of Pismo Beach
Table 1: Summary Table for All Funds,
including Book Values & Earnings Data for Investments in Other Financial Instruments
9.E-8Council Agenda 2-1-2022
Attachment 1
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City of Pismo Beach
December 31, 2021 QUARTERLY INVESTMENT REPORT
Table 2: For the General Fund Reserves - Basic Data on Investments in Securities:
Government Agency Securities and Bank Certificates of Deposit CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturity
020080BL0 Alma Bank 1.75% 09/11/19 09/11/24 CD N/A 102.47 245,000 251,049 6,049 804 02587CEM8 American Express
Federal Savings Bank
2.35% 05/03/17 05/03/22 CD N/A 100.72 147,000 148,054 1,054 (58) 13063CLW8 California State GO
Bonds (41.83%)
5.00% 05/08/20 10/01/24 Municipal Bond AA-112.60 245,000 235,492 (9,508) 824 13063CLW8 California State GO
Bonds (8.54%)
5.00% 05/08/20 10/01/24 Municipal Bond AA-112.60 50,000 48,078 (1,922) 824 13077CY32 California State
University Rev Bonds
(97.66%)
5.00% 05/07/20 11/01/23 Municipal Bond AA-108.60 245,000 233,323 (11,677) 489 14042RHM6 Capital One (47.75%)2.35% 08/23/17 08/23/22 CD N/A 101.34 117,000 118,559 1,559 54 25460FCF1 Direct Federal Credit
Union
3.50% 12/10/18 09/11/23 CD N/A 104.96 245,000 257,162 12,162 438 29367RLM6 Enterprise Bank
(63.27%)
0.85% 05/18/20 05/14/25 CD N/A 99.55 155,000 154,312 (688) 1,049 3130APB87 FHLB 1.10% 10/13/21 10/13/26 Agency AA+99.10 500,000 495,475 (4,525) 1,566 3130ALYC2 FHLB (19.2%)1.14% 04/29/21 04/29/26 Agency AA+99.37 192,000 190,783 (1,217) 1,399 3130AMCY6 FHLB (2.5%)1.00% 05/27/21 05/27/26 Agency AA+98.94 50,000 49,471 (530) 1,427 3130AQAU7 FHLB (24.5%)1.45% 12/29/21 12/29/26 Agency AA+99.87 245,000 244,682 (319) 1,643 3130AMCY6 FHLB (25.8%)1.00% 05/27/21 05/27/26 Agency AA+98.94 516,000 510,536 (5,464) 1,427 3130ALYC2 FHLB (5.3%)1.14% 04/29/21 04/29/26 Agency AA+99.37 53,000 52,664 (336) 1,399 32110YJT3 First National Bank
(20.41%)
2.00% 01/20/17 01/20/22 CD N/A 100.10 50,000 50,053 53 (161) 32110YJT3 First National Bank
(22.45%)
2.00% 01/20/17 01/20/22 CD N/A 100.10 55,000 55,056 56 (161) 33847E3J4 Flagstar Bank 0.90% 05/15/20 05/15/25 CD N/A 99.71 245,000 244,294 (706) 1,050 46632FRU1 JP Morgan Chase Bank 0.70% 01/22/21 01/22/26 Corporate Bond A+96.51 500,000 482,565 (17,435) 1,302 499724AE2 Knoxville TVA
Employees Credit Union
(20.4%)
3.30% 09/27/18 09/27/23 CD N/A 104.72 50,000 52,341 2,341 454 57116APE2 Marlin Business Bank 2.20% 06/12/17 06/13/22 CD N/A 100.89 245,000 247,173 2,173 (17) 59013KPN0 Merrick Bank 1.10% 11/09/21 11/09/26 CD N/A 99.11 245,000 242,827 (2,173) 1,593 62384RAB2 Mountain American FCU
(53.06%)
2.30% 10/12/17 10/12/22 CD N/A 101.56 130,000 132,022 2,022 104 67054NAK9 Numerica Credit Union
(20%)
2.30% 06/21/17 06/21/22 CD N/A 100.97 50,000 49,477 (523) (9) 6966674G6 Palm Springs USD GO
Bonds (95.66%)
0.85% 10/28/20 08/01/24 Municipal Bond AA 99.65 773,013 767,352 (5,661) 763 74267GVT1 Private Bank 2.20% 03/30/17 03/30/22 CD N/A 100.48 245,000 246,178 1,178 (92) 795450A70 Sallie Mae Bank 2.35% 06/21/17 06/21/22 CD N/A 101.00 245,000 247,455 2,455 (9) 835104BZ2 Somerset Tr Co 1.00% 03/19/20 03/19/25 CD N/A 100.16 245,000 245,387 387 993 8562846V1 State Bank India 2.35% 03/14/17 03/14/22 CD N/A 100.43 245,000 246,041 1,041 (108) 87165FPA6 Synchrony Bank 2.30% 02/24/17 02/24/22 CD N/A 100.28 245,000 245,676 676 (126) 89235MLC3 Toyota Financial
Savings Bank
0.95% 07/15/21 07/15/26 CD N/A 98.76 245,000 241,967 (3,033) 1,476 90984P5A9 United Community Bank 2.05% 03/01/17 03/01/22 CD N/A 100.30 245,000 245,735 735 (121) Total $ 7,063,013 $ 7,031,239
9.E-9Council Agenda 2-1-2022
Attachment 2
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City of Pismo Beach
December 31, 2021 QUARTERLY INVESTMENT REPORT
Table 3: For City Pooled Funds A - Basic Data on Investments in Securities:
Government Agency Securities and Bank Certificates of Deposit CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturity
00257TBH8 Abacus Federal Savings
Bank
1.70% 09/18/19 09/18/24 CD N/A 102.34 245,000 250,731 5,731 811 01748DAX4 Allegiance Bank 2.15% 09/29/17 09/29/22 CD N/A 101.38 245,000 248,381 3,381 91 02554BDA6 American Eagle Bank 1.10% 03/13/20 03/13/25 CD N/A 100.49 245,000 246,188 1,188 987 02587DN38 American Express
Centurion (20.4%)
2.45% 04/05/17 04/05/22 CD N/A 100.58 50,000 50,270 270 (86) 02587DN38 American Express
Centurion (79.6%)
2.45% 04/05/17 04/05/22 CD N/A 100.58 195,000 196,151 1,151 (86) 037833AZ3 Apple Inc 2.50% 03/05/20 02/09/25 Corporate Bond AA+104.06 1,062,000 1,040,620 (21,380) 955 06740KKR7 Barclay's Bank 2.25% 07/26/17 07/26/22 CD N/A 101.13 245,000 247,778 2,778 26 13063DDF2 California State GO
Bonds
2.50% 05/07/20 10/01/22 Municipal Bond AA-101.52 103,506 101,517 (1,989) 93 13063CLW8 California State GO
Bonds (49.63%)
5.00% 05/08/20 10/01/24 Municipal Bond AA-112.60 290,655 279,404 (11,251) 824 13077CY32 California State
University Rev Bonds
(2.34%)
5.00% 05/07/20 11/01/23 Municipal Bond AA-108.60 5,862 5,591 (271) 489 14042RHM6 Capital One (52.25%)2.35% 08/23/17 08/23/22 CD N/A 101.34 128,000 129,732 1,732 54 140420Y53 Capital One Bank 2.30% 03/01/17 03/01/22 CD N/A 100.34 245,000 245,835 835 (121) 15118RUR6 Celtic Bank 1.35% 04/02/20 04/02/25 CD N/A 101.25 245,000 248,067 3,067 1,007 15201QCJ4 Centerstate Bank 1.00% 03/30/20 03/31/25 CD N/A 100.13 245,000 245,328 328 1,005 12556LBB1 CIT Bank 1.95% 08/23/19 08/23/22 CD N/A 101.08 245,000 247,653 2,653 54 17286TAG0 Citadel Federal Credit
Union
1.65% 02/25/20 02/27/25 CD N/A 102.22 245,000 250,432 5,432 973 17312QJ67 Citibank 3.00% 04/24/18 04/24/23 CD N/A 103.35 245,000 253,198 8,198 298 254673JF4 Discover Bank (40.82%)2.55% 12/20/17 12/20/22 CD N/A 102.14 100,000 102,149 2,149 173 254673JF4 Discover Bank (59.18%)2.55% 12/20/17 12/20/22 CD N/A 102.14 145,000 148,094 3,094 173 29367SJQ8 Enterprise Bank 1.80% 11/08/19 11/08/24 CD N/A 102.64 245,000 251,468 6,468 862 29367RLM6 Enterprise Bank
(36.73%)
0.85% 05/18/20 05/14/25 CD N/A 99.55 90,000 89,583 (417) 1,049 3130ALD76 FHLB 0.70% 02/25/21 02/25/26 Agency AA+98.28 500,000 491,375 (8,625) 1,336 3130ANSB7 FHLB 1.00% 09/17/21 09/17/26 Agency AA+98.76 1,000,000 987,630 (12,370) 1,540 3130AQAU7 FHLB (14%)1.45% 12/29/21 12/29/26 Agency AA+99.87 140,000 139,818 (182) 1,643 3130AMS37 FHLB (20%)1.00% 06/24/21 06/24/26 Agency AA+98.88 400,000 395,508 (4,492) 1,455 3130AMCY6 FHLB (25%)1.00% 05/27/21 05/27/26 Agency AA+98.94 500,000 494,705 (5,295) 1,427 3130AMS37 FHLB (30%)1.00% 06/24/21 06/24/26 Agency AA+98.88 600,000 593,262 (6,738) 1,455 3130AMCY6 FHLB (46.7%)1.00% 05/27/21 05/27/26 Agency AA+98.94 934,000 924,109 (9,891) 1,427 3130AMS37 FHLB (50%)1.00% 06/24/21 06/24/26 Agency AA+98.88 1,000,000 988,770 (11,230) 1,455 3130AQAU7 FHLB (61.5%)1.45% 12/29/21 12/29/26 Agency AA+99.87 615,000 614,201 (800) 1,643 3130ALYC2 FHLB (75.5%)1.14% 04/29/21 04/29/26 Agency AA+99.37 755,000 750,213 (4,787) 1,399 32110YJT3 First National Bank
(57.14%)
2.00% 01/20/17 01/20/22 CD N/A 100.10 140,000 140,129 129 (161) 32112UDJ7 First National Bank
McGregor
1.80% 12/30/19 12/30/24 CD N/A 102.67 245,000 251,529 6,529 914 334342CD2 First National Bank
Syracuse
1.85% 08/30/19 08/30/24 CD N/A 102.73 245,000 251,689 6,689 792
9.E-10Council Agenda 2-1-2022
Attachment 3
Packet Page 43
CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturity
3136G4WV1 FNMA 0.75% 06/16/20 06/16/25 Agency AA+98.96 1,000,000 989,560 (10,440) 1,082 3136G4J61 FNMA 0.57% 08/26/20 08/26/25 Agency AA+97.87 750,000 733,995 (16,005) 1,153 3136G43L5 FNMA 0.55% 09/30/20 09/30/25 Agency AA+97.77 1,000,000 977,730 (22,270) 1,188 38149MAJ2 Goldman Sachs Bank 2.70% 05/22/19 05/22/24 CD N/A 104.62 145,000 151,705 6,705 692 45581EAC5 Industrial & Commercial
Bank China
2.15% 04/12/17 04/12/22 CD N/A 100.54 245,000 246,318 1,318 (79) 474067AF2 Jefferson Financial
Federal Credit Union
2.45% 11/10/17 11/10/22 CD N/A 101.83 245,000 249,471 4,471 133 49254FAG1 Keesler Federal Credit
Union
3.05% 01/31/19 01/31/22 CD N/A 100.24 245,000 245,590 590 (150) 499724AE2 Knoxville TVA
Employees Credit Union
(79.6%)
3.30% 09/27/18 09/27/23 CD N/A 104.72 195,000 204,233 9,233 454 50116CBD0 KS Statebank Manhattan 2.10% 07/31/17 07/29/22 CD N/A 101.07 245,000 247,619 2,619 29 502516QY6 La Canada California
USD
1.75% 04/28/20 08/01/24 Municipal Bond N/A 101.15 571,288 571,520 232 763 51210SSD0 Lakeside Bank 1.40% 03/30/20 03/31/25 CD N/A 101.42 245,000 248,467 3,467 1,005 538036CM4 Live Oak Bank (20.4%)2.25% 04/07/17 04/07/22 CD N/A 100.54 50,000 50,249 249 (84) 538036CM4 Live Oak Bank (79.6%)2.25% 04/07/17 04/07/22 CD N/A 100.54 195,000 196,071 1,071 (84) 58404DCZ2 Medallion Bank Utah 3.30% 12/18/18 12/19/22 CD N/A 102.86 245,000 251,997 6,997 172 61760ARS0 Morgan Stanley 3.55% 11/08/18 11/08/23 CD N/A 105.29 245,000 257,956 12,956 496 61747MF63 Morgan Stanley 2.65% 01/11/18 01/11/23 CD N/A 102.35 245,000 250,753 5,753 195 62384RAB2 Mountain American FCU
(46.94%)
2.30% 10/12/17 10/12/22 CD N/A 101.56 115,000 116,795 1,795 104 67054NAK9 Numerica Credit Union
(80%)
2.30% 06/21/17 06/21/22 CD N/A 100.97 195,000 197,907 2,907 (9) 694231AF8 Pacific Enterprise Bank 1.35% 04/09/20 04/09/25 CD N/A 101.25 245,000 248,050 3,050 1,014 69506YRG6 Pacific Western Bank 1.35% 04/16/20 04/16/25 CD N/A 101.24 245,000 248,026 3,026 1,021 6966674G6 Palm Springs USD GO
Bonds (4.34%)
0.85% 10/28/20 08/01/24 Municipal Bond AA 99.65 35,078 34,814 (264) 763 70212YAY8 Partners Bank 2.00% 08/30/17 02/28/22 CD N/A 100.29 245,000 245,711 711 (122) 70962LAS1 Pentagon Federal Credit
Union
0.90% 09/29/21 09/29/26 CD N/A 98.30 245,000 240,845 (4,155) 1,552 75472RAE1 Raymond James Bank 2.00% 08/23/19 08/23/24 CD N/A 103.11 245,000 252,620 7,620 785 88241THJ2 Texas Exchange Bank 1.00% 06/10/20 06/13/25 CD N/A 99.96 245,000 244,907 (93) 1,079 87270LAY9 TIAA Federal Savings
Bank
2.20% 11/22/17 11/22/22 CD N/A 101.67 245,000 249,082 4,082 145 89236TFX8 Toyota Motor Corp 2.65% 04/12/19 04/12/22 Corporate Bond A+100.63 499,685 503,145 3,460 (79) 89236TGT6 Toyota Motor Corp 1.80% 06/05/20 02/13/25 Corporate Bond A+101.50 257,893 253,743 (4,150) 959 90348JTH3 UBS Bank USA 1.25% 03/25/20 03/25/25 CD N/A 100.94 245,000 247,310 2,310 999 91435LAB3 University Iowa
Community FCU
3.00% 04/30/18 04/28/23 CD N/A 103.37 245,000 253,266 8,266 302 90331HMS9 US Bank National 2.80% 05/29/20 01/27/25 Corporate Bond AA-104.45 271,250 261,128 (10,123) 942 938828BN9 Washington Federal
Bank
1.95% 08/28/19 08/28/24 CD N/A 102.99 245,000 252,321 7,321 790 Total 21,629,217$ 21,624,009$
9.E-11Council Agenda 2-1-2022
Attachment 3
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.F
SUBJECT/TITLE:
ADOPTION OF FINDINGS RELATING TO AB 361 (VIRTUAL MEETINGS)
RECOMMENDATION:
Adopt the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:
1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.
2. The following circumstances exist:
• The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.
• State or local officials continue to impose or recommend measures to promote social distancing.
BACKGROUND:
Assembly Bill 361 (Rivas, 2021) amends and codifies the relaxed Brown Act provisions that were originally implemented by Executive Orders of the Governor in response to the coronavirus pandemic. Among the provisions of the Brown Act that were relaxed by the Governor’s Orders were provisions for participation in legislative meetings by teleconference (phone, or virtual platform such as Zoom). Prior Brown Act provisions required that, in the event any legislative body member(s) wished to participate in a meeting remotely, the exact address of the remote location(s) be published in advance on the meeting agenda, the remote location(s) be disabled-accessible, and the public be provided the opportunity to observe the meeting and make public comment at the remote location(s).
Governor’s Orders N-29-20 and N-08-21 effectively suspended all of these provisions for health and safety reasons, making it possible for legislative body members to join a meeting virtually without the need for conducting advance noticing or providing direct public access to the location. AB 361, effective October 1, 2021, functionally codifies these provisions through January 2024, allowing agencies to avail themselves of the continued teleconferencing option if desired, provided that the legislative body makes certain findings as outlined below (Government Code Section 54953(e)(3)):
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
Council Agenda 2-1-2022 9.F-1
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(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
The City Council inaugurated its use of AB 361 provisions by holding a totally teleconferenced meeting via Zoom on October 5, 2021, and then adopted the recommended findings at each of its regular meetings since October 19, 2021.
Procedural Flexibility
The circumstances surrounding the impact of the coronavirus pandemic are continually evolving, and the progression of the pandemic, along with accompanying governmental health and safety directives, are difficult to foresee. While the Council has yet to provide direction to staff on whether or when it wishes to return to hybrid, or fully in-person City Council meetings, staff recommends that the adoption of these findings, as recommended, remain on the Council’s consent agenda for the foreseeable future, until such time that the Council determines that it can no longer make the findings due to a change in circumstance.
Adoption of the recommended findings at each meeting will provide continued flexibility should the Council need or desire to have a virtual, or hybrid, meeting at any point in the future. Adoption of the findings in no way commits the City to holding virtual or hybrid meeting proceedings, providing full flexibility under uncertain circumstances.
Other Provisions of AB 361
AB 361 also requires that the public be given the opportunity to address the legislative body with their comments in real time, which the City has provided continuously since the start of the pandemic, and will continue to. In addition, the bill requires that meeting proceedings be stopped in the event that the public’s virtual access to a meeting is disrupted, for example due to an internet outage. Should the Council choose to hold a hybrid meeting with some or all members participating in person, and some or all of the public participating virtually, staff will monitor the virtual meeting to component to assure that public access is not interrupted, and pause meeting proceedings in the event of a disruption.
Conclusion and Recommendation
In order to provide both legal compliance and practical flexibility during ongoing uncertain circumstances, staff recommends that, by minute order, the City Council make the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:
1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.
2. The following circumstances exist:
• The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.
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•State or local officials continue to impose or recommend measures to promote social distancing.
FISCAL IMPACT:
There is no fiscal impact associated with adoption of the recommended findings.
ALTERNATIVES:
1.Do not adopt the findings; provide other direction to staff.
ATTACHMENTS:
None.
Submitted by: Meeting Date: February 1, 2022
Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 2-1-2022 9.F-3
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A
SUBJECT/TITLE:
PUBLIC ART DESIGN FOR BELLO STREET BRIDGE PROJECT; AWARD OF CONTRACT TO SOUTHPAW SIGN COMPANY, INC. FOR OLD BELLO STREET
BRIDGE COMMEMORATIVE BENCHES AND INTERPRETIVE PANELS AT NEW
BELLO STREET BRIDGE
RECOMMENDATION:
Adopt a Resolution approving public art proposals for Bello Street Bridge commemorative benches and interpretive panels; and authorizing the City Manager to enter into a Professional Services Agreement with Southpaw Sign Company, Inc. in the amount of $38,770.18 for the creation and installation of historical Bello Street Bridge commemorative benches and interpretive panels at the new Bello Street Bridge, and appropriating related budget adjustments.
BACKGROUND:
With the construction of the new Bello Street Bridge nearing completion, the Parks, Recreation and Beautification Commission (PRBC) has selected a design for commemorative seating and interpretive panels adjacent to the new bridge.
In October 2013, the PRBC and the Planning Commission made the following recommendations regarding the aesthetic of the replacement bridge:
Installing a plaque or informational sign at the site. Incorporate public art at the site, using materials from the original bridge if possible.
At the November 19, 2013 City Council Meeting, recommendations were made to include informational signage with a public art piece at the new Bello Street Bridge.
In February 2020, the PRBC resumed discussions on this project. Commissioner Early and Commissioner Paster were appointed to an ad-hoc committee to review art proposals for the project.
At the August 20, 2020 PRBC meeting, the full PRBC approved the ad-hoc committee’s recommendation that there be an artist rendering of the old Bello Street Bridge on display at the new bridge and that there be a sculpture utilizing remnants of the original bridge.
The PRBC recommended that the ad-hoc committee work with a local gallery on selecting an artist for the rendering of the bridge.
The ad-hoc committee selected Barbara Tapp, a California artist, to create the rendering of the historic Bello Street Bridge seen below (Figure 1).
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Figure 1. Artist Rendering of Old Bridge to be Displayed at New Bridge
After consulting with the Engineering Division, staff decided against a Call for Artists for the public art piece due to the toxic materials used in the original bridge’s construction and the extensive safety and handling measures required for repurposing the remnants for use.
Staff contacted three local sign companies with the experience and ability to handle the requirements needed to repurpose parts from the old bridge. One proposal was submitted, and Southpaw Sign Company, Inc. (Southpaw) was selected for this project.
The cost proposal for Southpaw is provided as Attachment 1.A.
Specifications of Southpaw’s Proposals
At the September 2021 PRBC meeting, Southpaw created a project which included three panels—two interpretive panels and one panel to display the rendition of the old bridge— and two benches made from pieces of the original Bello Street Bridge. Staff will provide the final design of the interpretive panels including wording, photos, sketches, and/or artwork. Southpaw would then print and install approved designs on to interpretive panels.
The proposed panels are constructed with a high-pressure laminate used in National Parks with an expected lifespan of 10 years. The design of the commemorative benches and interpretive panels is provided as Attachment 3 and Attachment 4, respectively.
Council Agenda 2-1-2022 12.A-2
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The proposed interpretive panels and commemorative benches will require the construction of a concrete pad to support them, which will be completed by a separate contractor during the construction of the new bridge.
Public Art Program and Council Approval
The City’s Public Art Program (Municipal Code Chapter 15.49) requires that, for projects with a public art component located on public property, the PRBC render its recommendation to the City Council on the art proposals, and that the Council take final action on the proposals within sixty days. Thus, in addition to authorizing the City Manager to enter into the contract needed to execute the project, the Resolution provided as Attachment 1 incorporates the Council’s approval of the proposed designs.
Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) approving public art designs for the Bello Street Bridge Project, and authorizing the City Manager to enter into a Professional Services Agreement with Southpaw Sign Company Inc. in the amount of $38,770.18 for the creation and installation of historical Bello Street Bridge commemorative benches and interpretive panels at the new Bello Street Bridge.
FISCAL IMPACT:
The fiscal impact of approving the attached Resolution is $75,647.18, including $38,770.18 for the contract (Attachment 2) with Southpaw to create and install commemorative benches and interpretive panels, $30,000.00 for the design and construction of the concrete slab, and a 10% contingency of $6,877.00.
Per City’s Municipal Code Section 15.49.025, private and municipal developments with building development costs of more than $250,000.00 shall devote an amount not less than one percent of such costs for acquisition and installation of public art on the development site. These funds are supported by the General Fund.
Currently, the City’s General Fund FY 2022 public art budget includes $83,654.95 of available funds, which is designated for the Shell Beach Streetscape entry signage, completion of Shell Beach stop signs, and the Pier Plaza mural on the concrete wall going down to the beach. Consequently, there are no available funds in the public art account.
However, the Impact Fee Fund has collected $18,954.34 of public art in lieu fees that could be used for this project. Staff recommends that Council transfer $18,954.00 from the Impact Fee public art in lieu fee revenues to the General Fund public art account to support a portion of this project. In order to keep this project on schedule, staff recommends that Council transfer $56,694.00 from the General Fund general contingency account to the public art account to close the remaining budget shortfall. The following table provides the proposed adjustments.
Council Agenda 2-1-2022 12.A-3
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Public Art Agreements
Southpaw Sign Company, Inc. $38,770.18
Design, construction of concrete pad 30,000.00
10% contingency 6,877.00
Total Public Art Agreements $75,647.18
Proposed Budget Adjustments
Impact Fee Fund (Fund 3102) Public Art In Lieu Fee balance $18,954.00 General Fund General Contingency account 56,694.00
Total Proposed Budget Adjustments $75,648.00
Remaining Balance $0
ALTERNATIVES:
1. Provide alternative direction to staff regarding the above recommendations.
ATTACHMENTS:
1.Resolution
1.A. Exhibit A to Resolution: Artist Rendering
1.B. Exhibit B to Resolution: Bench and Panel Designs
1.C. Exhibit C to Resolution: Southpaw Cost Proposal.
2.Southpaw Professional Services Agreement
3.Southpaw Renderings of Proposed Design
4.Interpretive Panels Graphic Design
Prepared by: Meeting Date: February 1, 2022
Colleen Ghiglia, Recreation Manager
Submitted by: Gordon Jackson, Tourism and Events Director City Manager Approval:
Council Agenda 2-1-2022 12.A-4
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RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA APPROVING PUBLIC ART PROPOSALS FOR BELLO STREET BRIDGE COMMEMORATIVE BENCHES AND INTERPRETIVE PANELS; AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH SOUTHPAW SIGN COMPANY, INC. IN THE AMOUNT OF $38,770.18 FOR THE CREATION AND INSTALLATION OF
HISTORICAL BELLO STREET BRIDGE COMMEMORATIVE BENCHES AND
INTERPRETIVE PANELS AT THE NEW BELLO STREET BRIDGE, AND
APPROPRIATING RELATED BUDGET ADJUSTMENTS
WHEREAS, the City of Pismo Beach is currently in the process of replacing the original bridge with a new bridge; and
WHEREAS, in October 2013, the Parks, Recreation and Beautification Commission (PRBC) and the Planning Commission made recommendations to City Council regarding the aesthetic of the replacement bridge; and
WHEREAS, in November 2013, the City Council recommended that the replacement bridge include informational signage and a Public Art piece; and WHEREAS, the City’s Public Art Program requires that the PRBC render, and the City Council act on, a recommendation for proposed art designs to be included in capital projects on public property; and
WHEREAS, the PRBC met in September 2021 and recommended that the City Council authorize the City Manager to enter into a contract with Southpaw Sign Company, Inc. to create and install commemorative benches and interpretive panels; and WHEREAS, the total cost of the project is $75,647.18, including $38,770.18 for the contract with Southpaw to create and install commemorative benches and interpretive panels, $30,000 for the design and construction of the concrete slab, and a 10% contingency of $6,877; and
WHEREAS, the City’s General Fund FY 2022 public art budget includes $83,654.95 of available funds, which are designated for other existing projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves the public art proposals for the Bello Street Bridge Project, in a form substantially similar to that shown in Exhibit A and Exhibit B.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement with Southpaw Sign Company, Inc. (cost proposal provided as Exhibit C) in the amount of Attachment 1
Council Agenda 2-1-2022 12.A-5
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$38,770.18 for the creation and installation of historical Bello Street Bridge commemorative benches and interpretive panels at the new Bello Street Bridge.
BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby appropriates a transfer of $18,954.00 from the Impact Fee Fund (Fund 3102) public art in lieu fee balance to the General Fund public arts account, appropriates $56,694.00 from the General Fund General Contingency account, appropriates $75,648.00 in the General Fund public arts account, and appropriates related transfers between funds, to support the creation and installation of historical Bello Street Bridge commemorative benches and interpretive panels at the new Bello Street Bridge in fiscal year 2022.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 1st day of February 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
Council Agenda 2-1-2022 12.A-6
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Attachment 1.A
Council Agenda 2-1-2022 12.A-7
Packet Page 54
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ႇDQWLFLSDWHVWKLVSURMHFWWREHFRPSOHWHLQHDUO\IDOORI Attachment 1.B
Council Agenda 2-1-2022 12.A-12
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SOUTHPAW SIGN COMPANY INC
Mailing Address : PO Box 3
Oceano, CA 93475
805-474-5700
ESTIMATE
ADDRESS
City of Pismo Beach
Colleen Ghiglia
Recreation Manager
805-773-7063
ESTIMATE #3988
DATE 01/24/2022
DESCRIPTION QTY RATE AMOUNT
1) Public Art - Bello St Bridge- Fabrication of three art elements utilizing parts from the oldbridge shown in Pismo-BridgePublicArt-V2.pdf-Center Pedestal and Sign- 78" tall x 60" wide x 26" deep- Framework of raw sandblasted steel- welded into one object with mounting plates at base- Park Grade full color printed panel- roughly 56" wide x 48" tall x 1/2" thick-Left Bench and Sign- 60" tall x 112" long x 30" deep- Framework of raw sandblasted steel- welded into one object with mounting plates at base- Trex type synthetic wood threads for seating surface- Park Grade full color printed panel- roughly 20" wide x 32" tall x 1/2" thick-Right Bench and Sign- 60" tall x 112" long x 30" deep- Framework of raw sandblasted steel- welded into one object with mounting plates at base- Trex type synthetic wood threads for seating surface- Park Grade full color printed panel- roughly 20" wide x 32" tall x 1/2" thick Note 1: does not include design of printed panels, permitting, or engineering.Note 2: this design only includes the footing directly under the 1 29,370.00 29,370.00T
Attachment 1.C
Council Agenda 2-1-2022 12.A-13
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DESCRIPTION QTY RATE AMOUNT
three elements and leaves the ground in its natural state 2) Delivery and Installation- Creation of three concrete foundations- Two bench foundations- 12" wide x 48" long x 18" deep- pedestal foundation- 12" wide x 36" long x 30" deep- Installation of benches, pedistal, and three printed panels 1 7,124.00 7,124.00
SUBTOTAL 36,494.00
TAX 2,276.18
TOTAL $38,770.18
Accepted By Accepted Date
Attachment 1.C
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Vendor Agreement (Rev. 2/2/2018)
CITY OF PISMO BEACH
VENDOR AGREEMENT FOR PROFESSIONAL SERVICES
This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Southpaw Sign Company, Inc. (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
RECITALS:
CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:
Creation and installation of historical Bello Street Bridge commemorative benches and interpretive panels at the new Bello Street Bridge
VENDOR represents and warrants that it is qualified to perform those services.
AGREEMENT:
I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.
VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. CITY’s City Manager may approve additional work not to exceed thirty thousand dollars ($30,000.00). Any additional work in excess of this amount shall be approved by the City Council. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.
II. TERM
Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through 12/31/2022. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.
III. COMPENSATION
A. VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of thirty-eight thousand seven hundred seventy dollars and eighteen cents ($38,770.18), unless otherwise first approved in writing by CITY.
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Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.
B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.
IV. TERMINATION OF AGREEMENT
A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.
V. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.
VI. RETENTION OF FUNDS
VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.
Attachment 2
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VII. CITY REPRESENTATIVE
The Recreation Manager is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.
VIII. VENDOR REPRESENTATIVE(S)
The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.
IX. INDEPENDENT CONTRACTOR
VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
X. BUSINESS LICENSE
VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.
XI. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.
XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS
A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.
B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the
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services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.
C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.
XIII. INDEMNIFICATION
A. Non-design, non-construction Professional Services:
To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
B. Non-design, construction Professional Services:
To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
Attachment 2
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C. Design Professional Services:
In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.
D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.
XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.
XV. INSURANCE
A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
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2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3. Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.
4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
5. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.
B. Other provisions or requirements:
1. Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.
2. Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, employees, or subconsultants.
3. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or Attachment 2
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CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.
5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.
6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non- compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.
8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
9. Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.
10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." CITY need not be named as an additional insured on professional liability insurance policies.
11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement
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of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.
12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party providing any work under the Scope of Services under the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.
14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.
15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
16. Timely notice of claims. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
17. Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Scope of Services.
XVI. SUBCONTRACTORS
Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:
A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;
B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and
C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.
Attachment 2
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XVII. CONFLICT OF INTEREST
No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.
No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
XVIII. NOTICE
All notices, requests, demands, or other communications under this AGREEMENT will be in writing.
Notice will be sufficiently given for all purposes as follows:
A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.
B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.
D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.
E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non- business day.
Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.
F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.
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XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.
The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.
XX. INTERPRETATION
The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.
XXI. SEVERABILITY
If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.
XXII. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
XXIII. GOVERNING LAW; JURISDICTION
This AGREEMENT will be administered and interpreted under the laws of the State of California.
Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.
XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS
VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.
XXV. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.
XXVI. ATTORNEY’S FEES
Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party Attachment 2
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Vendor Agreement (Rev. 2/2/2018)
will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.
XXVII. EXHIBITS
All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.
In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.
XXVIII. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that:
A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.
XXIX. INTEGRATION; AMENDMENT
This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.
Signatures begin on next page.
12 of 12
Vendor Agreement (Rev. 2/2/2018)
VENDOR:
Southpaw Sign Company, Inc.
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice (See Section XVIII):
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative (See Section VIII):
Name/Title: ____________________________
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: GordRn Jackson
Title: Tourism and Events Director
Dated: ________________________________
Signed:
Name: James R. Lewis
Title: City Manager
Dated: ________________________________
Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
Attachments:
Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
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Council Agenda 2-1-2022 12.A-28
Packet Page 75
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Council Agenda 2-1-2022 12.A-29
Packet Page 76
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Council Agenda 2-1-2022 12.A-30
Packet Page 77
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Council Agenda 2-1-2022 12.A-31
Packet Page 78
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Council Agenda 2-1-2022 12.A-32
Packet Page 79
1908 Pizmo Station Map Source:
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1҅Ѽ҃»Ȧƃǒǵ'ƭȣȀȻӾȀɃȦƟƭӸ/DžDžǒƭrƟ'ƭȦdzȀȻȻȦƟǍǒɚƭȮ
ǍɃdzƃȮǍÙǒǪǪƃdžƭrƃȣӾȀɃȦƟƭӸ ƃǪǒDžȀȦǵǒƃԪȮ ǍɃdzƃȮǍSǵƦǒƃǵȮӸ ȣȦȀǣƭƟȻȀDžȻǍƭƃǵȻƃ ƃȦƞƃȦƃrɃȮƭɃdzȀDžtƃȻɃȦƃǪNǒȮȻȀȦɡ/ƦɃƟƃȻǒȀǵ ƭǵȻƭȦ ¢ǍȀȻȀӸtƃȻǒȀǵƃǪ¢ƃȦǧƭȦɚǒƟƭԄ ǍȀǣ¥ƃǒ
Limits of Chumash Territory
Chumash Villages
Modern Towns
Ǎ ǍÙǒǪǪ r ǪǒDž ǒ Ԫ Ǎ ǍS Ʀǒ ǍɃdzƃȮǍÙǒǪǪƃdžƭrƃȣӾȀɃȦƟƭӸ ƃǪǒDžȀȦǵǒƃԪȮ ǍɃdzƃȮǍSǵƦǒƃǵȮӸ ȣȦȀǣƭƟȻȀDžȻǍƭƃǵȻƃ ƃȦƞƃȦƃrɃȮƭɃdzȀDžtƃȻɃȦƃǪNǒȮȻȀȦɡ/ƦɃƟƃȻǒȀǵ ƭǵȻƭȦ ¢ǍȀȻȀӸtƃȻǒȀǵƃǪ¢ƃȦǧƭȦɚǒƟƭԄ ǍȀǣ¥ƃǒ¢ǍȀȻȀӸtƃȻǒȀǵƃǪ¢ƃȦǧƭȦɚǒƟƭԄ ǍȀǣ¥ƃǒ Limits of Chumash Territory
Chumash Villages
Modern Towns
The Chumash Days
The colorful history of the Bello
Street Bridge site pre-dates the
City of Pismo Beach itself. Pismo
Creek and the surrounding areas
were inhabited by the Chumash
Indians for thousands of years.
Pismo Beach gets its name from
the Chumash village of Pismú,
located near a tar spring close
by current day Price Canyon.
Juan Bautista De Anza Trail
Now an historic national route, the scenic trail
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Lt. Colonel Juan Bautista de Anza and more
than 240 men, women, and children traveled
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the San Francisco Bay.
Settlements and Railroads
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was given its own train depot (photo below right). This station was located just a few hundred yards away from the Bello Street bridge site.
Attachment 4
Council Agenda 2-1-2022 12.A-33
Packet Page 80
ӾFӾ¢ƃȦȮȀǵȮȀɃȦƟƭӸ¢ƃȦȮȀǵȮFƃdzǒǪɡȦƟǍǒɚƭȮӾ ǒȦƟƃѽ҅Ѽ҃ ƭǪǪȀȻӾ ȦǒƦdžƭ/Dž˴ƭȀɃȦƟƭӸ/Dž˴ƭrƟ'ƭȦdzȀȻȻȦƟǍǒɚƭȮtƭɛNǒdžǍɛƃɡ ȦǒƦdžƭrƃȣ ȀɃȦƟƭӸ ƃǪǒDžȀȦǵǒƃԪȮNǒdžǍɛƃɡȮƃǵƦ¢ɃƞǪǒƟÚȀȦǧȮӹѽ҅Ѿҁ
NǒdžǍɛƃɡѽѼѽƃȻ¢ǒȮdzȀ ƭƃƟǍӹѽ҅ҁѼȮ
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FOR POSITION ONLY
NǒdžǍɛƃ ѼѽƃȻ¢ǒȮdzȀ ƭƃƟǍӹѽ҅NǒdžǍɛƃɡѽѼѽƃȻ¢ǒȮdzȀ ƭƃƟǍӹѽ҅ҁѼȮ Birth of a Bridge
San Luis Obispo County Supervisor Austin F. Parsons was assigned to design a new bridge over 5NXRT(WJJP&YKJJYQTSLFSISJFWQ^
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became recognized as part of California Legislative Route Number 2 (LRN2).
Automobiles Take Over
Commuter rail travel was already in decline when Bello
St. Bridge was completed. With more cars on the road
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proposed a new streamlined highway, bypassing Bello
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Attachment 4
Council Agenda 2-1-2022 12.A-34
Packet Page 81
The Original Bello Street Bridge
Structures at this site were created using repurposed materials from the original bridge, in celebration of the rich history and legacy of Pismo Beach.
Watercolor Rendering: “Bello Street Bridge” (Barbara Tapp) Attachment 4
Council Agenda 2-1-2022 12.A-35
Packet Page 82
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B
SUBJECT/TITLE:
DIRECTION ON DEVELOPMENT OF A CONCEPTUAL PARKLET PROGRAM TO
ALLOW OUTDOOR DINING WITHIN THE PUBLIC RIGHT-OF-WAY
RECOMMENDATION:
Review and consider the conceptual parklet program and provide direction to staff.
BACKGROUND:
In August of 2020, the City Council recognized that because of state and county public health orders, local restaurants had been drastically impacted in their ability to operate normally, potentially affecting their ability to remain operational in the long term. In response to the pandemic and the ensuing social distancing orders, the Council adopted Resolution R-2020-0711 to close portions of public streets and sidewalks (Pomeroy Avenue, Cypress Street, Shell Beach Road, and Hinds Avenue sidewalk) and authorize the City Manager to enter into no-cost encroachment permits to allow local restaurant businesses use of public right-of-way for outdoor dining parklets.
The temporary parklet program was extended by the Council several times over the last eighteen months and is currently set to expire April 30, 2022. The latest extension was due to continued uncertainty regarding the pandemic, as well as to provide time for staff to present the outline of a program for direction on preparing an amendment to the Local Coastal Program (LCP) for subsequent local approval and California Coastal Commission (CCC) certification.
Staff has closely monitored other coastal and non-coastal jurisdictions as well as coordinated with CCC staff to identify components of a potentially successful parklet program. This report serves to provide Council with information regarding what a successful parklet program might look like to be certified by the CCC, should Council direct that work be pursued.
Local Coastal Program (LCP) Amendment
The City’s LCP does not currently allow for parklets or outdoor dining accessory to an existing restaurant within the public right-of-way. An LCP amendment would be required to support development of provisions to allow the use. This amendment would need to be reviewed by the Planning Commission for recommendation for action by the Council, and ultimately certification by the CCC. Preliminary discussions with CCC staff have indicated support for a parklet program, subject to consideration and provisions that carefully approach protecting key public access resources, especially no-cost public access parking.
1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=263402&dbid=0&repo=Laserfiche
12.B-1Council Agenda 2-1-2022
Packet Page 83
Conceptual Parklet Program
The recommendations outlined in this report are based on the input of and coordination with Police, Fire, Finance, Engineering, Risk Management, Building, and Planning. The following list outlines staff’s recommendations to establish a permanent program that has the best chance at obtaining CCC certification, should the Council direct this work be undertaken.
Purpose
The purpose of the program would be to establish standards and permit requirements for outdoor dining in the public right-of-way (parklets). It would not be the intent of this program to regulate outdoor dining areas that are located on private property, as these would continue to be handled through standard Coastal Development Permit processes.
Location
Since August 2020, a total of seven businesses have requested and been granted no- cost encroachment permits from the City. Six of these are still in operation today and paying the fee set by the Council on January 4, 2022. These six businesses are located within the Downtown Commercial Core and commercial strip along Shell Beach Road in Planning Area H and operate year-round, depending on weather.
Both the Downtown Core and Planning Area H have the highest density of restaurants with limited or no private parking lots. Based on the City’s layout of land uses and circulation patterns, monitoring of other jurisdictions’ developing parklet programs, and minimal contact or interest from businesses in other parts of the city, staff recommends the program be limited to these two areas. Due to limited amounts of public street parking in the southern portion of the city, staff does not recommend allowing parklets in those areas.
Maximum Number of On-Street Parking Spaces
As of the writing of this report, 24 parking spaces and a section of sidewalk are occupied by the six businesses in the existing temporary parklet program. Five of the businesses are within the Downtown area, and one in the Shell Beach planning area. Based on staff’s discussions with other coastal jurisdictions and CCC staff, limiting the number of overall parking spaces establishes expectations and assures minimal impact to parking in the Coastal Zone.
Staff recommends the number of parking spaces not exceed 30 in both planning areas, allowing a maximum number of 25 spaces in the Downtown Core and 10 spaces in Shell Beach, on a first-come, first-serve basis. Staff recommends that the maximum number of spaces be greater downtown because of the higher number of restaurants in that area.
Additionally, staff intends to include a provision (see Operational Standards below) that the length of a parklet will not be allowed to exceed the length of the business frontage, or three spaces, whichever is less. This limitation would allow up to 10 parklets.
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An alternative could be to allow more than 30 parking spaces to support parklets and allow more than 10 restaurants to take advantage of the program. While there is no "magic” number to determine whether reduction in parking spaces would exceed a significance threshold for impacts to coastal resources, the risk becomes that the higher the number, the more likely it is that program certification could be stalled by the CCC.
In addition to setting a maximum number of on-street parking spaces to be utilized by parklets, it is just as important to consider the total number of parking spaces that each parklet may be allotted to support their business. Limiting the number of parking spaces per parklet allows more businesses the opportunity to establish a parklet. To accommodate the current parklets and have availability for additional parklets, staff determined three spaces per parklet may be appropriate; however, this could be adjusted if as desired.
Should the Council want additional flexibility, staff could administer the program dependent upon the total number of businesses interested in parklets. In other words, additional spaces can be allocated for businesses that desire them until such time that the desire for parklets exceeds the number of available spaces, at which point existing parklets would need to be reduced in size.
Space Allocation Lottery
As the total amount of spaces would be limited, staff is recommending parklets be permitted on a first-come, first-serve basis. Other jurisdictions who have anticipated more applications than available spaces have proposed a lottery system to select applicants.
Staff recommends the following process and lottery should the number of requests received exceed the number of spaces available, so long as all other portions of the program are met, such as the flexibility discussed above:
Open the application period for a period of 30 days
If the requests total fewer than 30 spaces, award spaces to the applicants through the applicable permitting process.
If total requests exceed 30, evenly distribute up to three spaces per business. o If there are 10 applicants or fewer, assign up to three spaces to each applicant.
o If there are more than 10 applicants, hold a lottery assigning up to three spaces to each applicant until all 30 spaces have been allocated. After two years, applications would be sought again, with a preference given to those businesses that have not recently operated a parklet.
Parklet Design
Parklets are typically created by building a platform on the pavement to extend the sidewalk space, and furnishing it with benches, planters, tables and chairs, umbrellas, and bicycle racks. Their shape can vary from linear, square, rectangular, triangular, or irregular. Parklets are built out of semi-permanent materials and are installed in a way that does not require reconfiguring or excavating the roadway or pouring concrete. They are usually developed by a local business that pays to design and build them and agrees to keep them maintained. An advantage of parklets is their low installation and
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maintenance costs for cities, which is due in part to their relatively small size, less permanent nature, and partnerships with adjacent businesses.
Staff investigated the types of parklets allowed in other jurisdictions and identified two pathways for businesses to consider in establishing a parklet within the right-of-way: 1) predesigned parklet or 2) custom design parklet.
Predesigned Parklet. A predesigned parklet is designed to be built as an “off-the-shelf” plan for businesses to choose from. Predesigned parklets are an option communities have developed to provide quicker and more cost-effective permitting for participating businesses. These designs would be considered through review and approval of a “master” Coastal Development Permit (CDP) to run concurrently with the LCP Amendment. Following approval and certification by the CCC, the approval will act as a CDP for any participant in the program utilizing one of the approved designs. An application for an Administrative CDP would be required for the individual business proposing a predesigned parklet; however, this could be waived by the Council if desired.
If preferred by Council, staff would develop several designs for businesses to choose from. These designs could look similar to those shown in Figure 1. It is anticipated that these predesigned parklets would include a structure and layout that is linear and uniform in nature with different options for colors. Material choices can include wood paneling, steel railing, planter boxes, concrete/plaster siding. Plantings would be required around the perimeter to soften the aesthetic. Concrete siding would be required on both ends of the parklet. K-rails would be installed within the concrete siding to ensure protection and safety measures for patrons in the event of an impact. Any concrete siding along the length of the parklet and parallel to flow of traffic, will also be required to be designed with a k-rail inside. Additional design and layouts will be considered for the various parking spaces in the Downtown Core and Shell Beach area (parallel, perpendicular, diagonal).
Figure 1. Sample of Predesigned Parklets
Custom Design Parklet. Custom design parklets would be any proposed parklet design that is not a predesigned parklet. A custom design parklet would be required to use the same materials, colors, and safety specifications of the predesigned parklets. However, a custom design would allow businesses to be more creative and responsive to the needs of their operations and patrons. For example, offering fewer tables, more bench seating, accommodating a waiting area, or incorporating passive use area(s).
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If a business is interested in pursuing a custom design, a CDP would be required. This would follow the standard CDP process where an application would be reviewed and approved by the Planning Commission.
Permits and Approvals
As mentioned, an LCP Amendment is required to allow for parklets in the public right-of- way. Following approval of an LCP Amendment, the City will be responsible for ensuring adherence to the provisions outlined in the program. As such, staff recommends two permitting levels as outlined below.
Administrative Permit Standards (Predesigned Parklet)
Applications for predesigned parklets would be acted on by the Community Development Director and must comply with the following:
Must be designed consistent with a predesigned parklet approved by the Planning Commission
Must comply with all applicable requirements of the Zoning Code, and all other applicable laws, administrative policies, rules, and regulations. The parklet must be consistent with the Local Coastal Program and will not adversely impact coastal resources, access, and views.
Must utilize high-quality, durable materials that are compatible with surrounding development and can withstand inclement weather.
The parklet must be a design authorized by a valid Coastal Development Permit.
Coastal Development Permit Findings (Custom Design Parklet) Applications for parklet CDPs would be viewed and acted on by the Planning Commission. For CDPs issued pursuant to this section, the Planning Commission would make the following findings:
The parklet area complies with all applicable requirements of this section, the Zoning Code, and all other applicable laws, administrative policies, rules, and regulations.
The parklet is consistent with the LCP and will not adversely impact coastal resources, access, and views.
Must utilize high-quality, durable materials that are compatible with surrounding development and can withstand inclement weather.
Encroachment and Other Permits
All applications for parklets would be required to obtain an Encroachment Permit from the City’s Public Works Engineering Division and comply with the Encroachment Permit Requirements and Inspections application form. The Encroachment Permit is required to be acted on by the Public Works Director. Parklets would also subject to all other applicable permits, licenses and/or entitlements required by state or local law. This may include but is not limited to a City encroachment permit, environmental health permits, business licenses, and California Department of Alcoholic Beverage Control (ABC) licenses.
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Use of Permit Fees in Coastal Zone
CCC staff have indicated to other coastal jurisdictions the importance of apportioning fees toward coastal access programs, maintenance, and improvements. While other jurisdictions have limited the percentage of permitting fees allotted to these programs, staff recommends that, consistent with Resolution R-2022-022, which created the City’s parklet fee, the City utilize 100% of the fees invested into the Parking Enterprise Fund to support coastal access programs, maintenance, and improvements. However, due to concerns related to maintenance of streets adjacent to parklets, staff could investigate the ability to reduce this percentage into the Parking Enterprise Fund should the Council provide that direction. This could lead to potential certification delay at CCC in the future.
Operating and Development Standards
To ensure parklets are permitted and designed in conformance with the City’s Local Coastal Program, a formal program would be developed that, to the greatest extent possible, ensures all parklets will be required to meet the following standards:
Must serve an eating and drinking establishment (restaurant). Must be incidental and subordinate to the restaurant; no subletting of space for multiple tenancy. One parklet only. A restaurant may have only one parklet. Limited to restaurant frontage. A parklet is allowed in the public right-of-way only on parking spaces that are:
o Wholly located in the right-of-way.
o Directly adjacent to the restaurant frontage.
In no case shall the length of a parklet exceed the length of the restaurant frontage, or three spaces, whichever is less, to ensure emergency access is unimpeded. Parklets must be located a minimum of 10 feet on each side of a fire hydrant and shall meet the standard for minimum distance from crosswalk, street corner, alley, driveway, or intersection; and are prohibited from blocking an access ramp, accessible parking space, or bus stop as described in the City’s Engineering Standards and Specifications (April 2020).
Parklet may not be in the following locations:
o Along a curb painted red or blue
o Within or adjacent to an alley
o Adjacent to a bus stop
o Within 5 feet of storm drain inlets or cleanouts
o Over or in front of utility appurtenances including but not limited to access panels, manhole covers, handholes, transformers, water meters, or water valves.
o Within 10 feet of each side of a fire hydrant and any emergency equipment. Parklets shall not be connected to power or use portable heaters. Parklets shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable.
Outdoor cooking and food preparation within or adjacent to the parklet is prohibited.
2 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=407384&dbid=0&repo=Laserfiche
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Exceptions. Due to road and parking space layout, the outdoor dining area cannot be designed without extending the area beyond immediately adjacent parking spaces (e.g., diagonal spaces); extending the outdoor dining area will not have significant impact on adjoining businesses as determined by the review authority; and, extending the parklet area will not adversely impact coastal access, as approved by the Public Works Director and Community Development Director.
Signage
Staff recommends that the formal parklet program restrict commercial signage to one business identification sign and one menu sign, each not to exceed two square feet; temporary banners and temporary A-frame signs would be prohibited.
Stormwater Drainage and Utilities
As part of the design considerations and review for new parklets, the program would outline provisions to ensure stormwater infrastructure and utilities within the right-of-way were not impacted or impeded by development. For example, parklets would be constructed on raised platforms aligned with the top of curb over the City gutter to not interfere with drainage flow along the gutter line. Parklets would need to be located so as not to interfere with utility boxes, fire hydrants, and all other related facilities.
Trash and Maintenance
While parklets can provide an enriched community experience, if not maintained in a responsible manner, they can be untidy and damaging to the aesthetic of the neighborhood. To ensure the parklet improves and enhances the space and street aesthetic, the permit holder must be responsible for maintaining the parklet. Maintenance would include posting of the name, phone number, and email address of the person responsible for the parklet in a location visible from the public right-of-way, keeping the parklet free of litter, and preventing litter attributable to the parklet from entering adjacent properties or the public right-of-way. Additionally, landscaping around the perimeter of the parklet or within should contain live, healthy vegetation.
Sound and Noise
Approved parklets would be conditioned to comply with the sound level limits of the Pismo Beach Municipal Code and those of the adjacent use of the restaurant. Staff recommends music, amplified sound, or live entertainment not be permitted within a parklet, except through consideration of a Temporary Use Permit as described in “Hours of Operation” below.
Bicycle Parking
Based on conversations with CCC staff, if the parklet program reduces the total number of parking spaces available for coastal access and resources, the City could present a creative alternative to replace that parking. Bicycle parking has been proposed by other coastal jurisdictions, including Capitola and Carpinteria, to offset the reduction in parking and requiring at least two spaces per occupied vehicle space. The bicycle spaces would be integrated into the parklet design or within the private property of the restaurant. If integrated into the parklet design, an additional parking space may be required to
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accommodate the bicycle parking spaces. This could lead to an overwhelming amount of bicycle parking that ultimately may be underutilized in each of these areas. As an alternative, Council could opt to consolidate the required bicycle parking in an area of Downtown rather than requiring each business to provide bicycle parking at their parklet.
While this has not been proposed by other coastal communities, staff would continue working with CCC staff to better understand this option.
Hours of Operation
Parklets are intended to be incidental to the restaurant they serve. As such, if this program were to be implemented, staff would require parklets to be limited to normal business hours of operation of the restaurant. The Police Department has indicated concern with allowing parklets to remain open after business hours. Other jurisdictions have had issues with transient use when allowed to remain open, thus as a lesson learned, City parklets should be limited to business hours.
Extended hours for special events and holidays could be considered. Currently, the City issues Temporary Use Permits to allow short-term activities that might not meet the normal development or use standards of the applicable zoning but may be acceptable because of their temporary nature. Examples of temporary uses currently allowed in Pismo Beach include, but are not limited to, seasonal sales lots and special events on private property.
Indemnification and Removal
Consistent with the existing temporary parklet program, a permanent parklet would require an Encroachment Permit issued by the Public Works Engineering Division subject to indemnification, general liability insurance, and a maintenance agreement to ensure protection of the City’s infrastructure. Applicants will be required to indemnify the City from the business to the extent of the parklet. This includes the sidewalk space between the restaurant and parklet.
Regarding removal of parklets, if desired by the Council to limit the total duration of individual parklet placement, the CDP could be conditioned to require removal by a specified expiration date outlined in the permit.
Enforcement
While businesses may be eager to add parklets to their operations, parklets can attract negative behavior and be damaging to the aesthetic of the right-of-way. Issues that are common in other jurisdictions include transient use during off-hours, accumulation of refuse and rubbish, sign clutter, encroaching beyond permitted space, operating outside of business hours, and noise complaints. As such, staff recommends the LCP Amendment include an enforcement provision outlining the process for concerned individuals or businesses to contact the City’s enforcement number of visit Pismo Pulse to report concerns. The City’s Code Compliance personnel would investigate complaints received. If a violation of the applicable provisions is found, the eligible business and property owner will be responsible for resolving the issue, including payment of any enforcement-related fines or penalties, as applicable.
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If Council directs staff to prepare the LCP Amendment, in addition to the provisions for enforcement described above, staff will develop an Administrative Policy outlining an enforcement and monitoring program to be implemented by the Community Development Department. This would include quarterly monitoring by the Code Compliance personnel and progress tracking to ensure restaurants with parklet additions are complying with the provisions and standards of the amendment. Staff also recommends a three-strikes policy per year (effective on permit issuance), wherein if more than three violations are substantiated, their permit is immediately revoked, subject to removal of the parklet as outlined in the encroachment permit and indemnification agreement.
Local Coastal Program Amendment Process
Should the Council direct staff to move forward with an LCP Amendment, staff will prepare the amendment along with a blanket Coastal Development Permit for the predesigned parklet option. The parklets will be designed by City staff based on other jurisdictions, whose efforts have already led to successful design and implementation of these spaces.
If certified by the California Coastal Commission, businesses or property owners interested in establishing a parklet will have two options:
1) Use of predesigned parklet requires an Administrative Coastal Development Permit subject to the Community Development Director’s review and approval, and an Encroachment Permit.
2) Use of a custom design requires a Coastal Development Permit, Planning Commission review and approval, and an Encroachment Permit.
Following local approval, and as a condition of approval, operators of the parklets would need to enter into an agreement with the City to comply with the Indemnification and Removal provision listed above.
Timing
Should the Council give direction to pursue the LCP amendment, staff anticipates the process would take approximately four months to submit the amendment for Coastal Commission consideration. Below is a sample timeline should the Council direct staff to pursue the amendment:
February 1, 2022 – City Council direction
February – SB 18 Tribal Consultation for LCP Amendment March/April – Planning Commission consideration and recommendation May/June – City Council decision
July/August – Coastal Commission consideration of LCP Amendment
This timeline corresponds with the City’s efforts to update the General Plan/LCP. As an alternative to developing an LCP amendment specific to parklets, the Council could give direction to incorporate these provisions as part of the overall General Plan/LCP update.
However, based on the scale of the General Plan/LCP update, if the Council desires to
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process the parklet program quicker, staff would recommend keeping these items separate.
Environmental Review
The California Environmental Quality Act (CEQA) defines a project as an action that is subject to discretionary approval, has the potential to physically change the environment, and any action undertaken by a public agency or through entitlement from a public agency. If the Council decides to allow an administrative permit for preapproved designs, like other jurisdictions, without a discretionary approval, the permit for a parklet would not be subject to CEQA. If a discretionary approval is required, the project would be subject to CEQA and likely qualify for a categorical exemption under the CEQA Guidelines pursuant to Sections 15305 and 15311 regarding minor alterations to land use limitations and accessory structures, respectively. An amendment to the LCP and adoption of an ordinance to allow for parklets is consistent with these two exemptions, because the requested action would not result in a direct or reasonably foreseeable change in the environment and because there is no possibility that the activity in question may have a significant effect on the environment.
Conclusion and Recommendation
While outdoor dining has been enjoyed by residents and visitors during the COVID-19 pandemic, it does present challenges to the community, including decreased parking capacity, reduction in coastal access, impact on traffic flow, pedestrian safety, and emergency vehicle response. However, these last two years have demonstrated the resilient nature of the Pismo Beach business community and their ability to adapt with these uncertain times. Staff recommends that the Council provide direction on development of a permanent parklet program; based on the Council’s direction staff will then proceed to prepare any necessary implementation documents for consideration.
FISCAL IMPACT:
There is no immediate fiscal impact with providing staff direction on developing an LCP Amendment. However, if Council directs staff to move forward with the parklet program, there would be additional revenues to the City from the permit fees to cover City costs.
These fees are already included in the City’s fee schedule and are listed below.
Per Resolution R-2022-002, a monthly fee of $580 per parking space, or equivalent area of right-of-way, occupied by a parklet, will be charged to the businesses that participate in the program. The fee would be deposited into the Parking Enterprise Fund.
In addition to the monthly fee per space, an applicant pursuing a predesigned parklet would be charged a one-time Administrative Coastal Development Permit fee ($673) and an Encroachment Permit fee ($220). Custom design parklets would be charged a one- time Coastal Development Permit application fee ($3,402) and the Encroachment Permit fee.
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ALTERNATIVES:
1. Direct staff to develop an LCP Amendment to allow parklets in the public right-of- way on a permanent basis.
2. Provide alternative direction to staff.
ATTACHMENTS:
None
Prepared by: Meeting Date: February 1, 2022
Megan Martin, Planning Manager
Submitted by: Matthew Downing, Community Development Director City Manager Approval:
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.C
SUBJECT/TITLE:
ANNUAL REVIEW OF CODE OF ETHICS FOR CITY COUNCIL AND ADVISORY BODY MEMBERS; POLICY FOR VIRTUAL LEGISLATIVE MEETING CONDUCT
RECOMMENDATION:
1. Adopt a Resolution adopting a virtual legislative meeting conduct policy;
2. Conduct the annual review of the City's Code of Ethics for City Council and Advisory Body Members, and provide direction to staff on any desired updates.
BACKGROUND:
Policy for Virtual Legislative Meeting Conduct
The City Council has been conducting various forms of virtual legislative meetings since February of 2020. As staff and the City’s legislative body members have learned how best to administer virtual meeting sessions over the past two years, some best practices have emerged. Recognizing that some form of virtual legislative meeting practice is likely to be the norm for the foreseeable future, staff now recommends that the Council adopt written standards of conduct for virtual legislative meeting sessions. A policy and adopting Resolution are provided as Attachment 1.
Annual Code of Ethics Review
On October 4, 2005, the City Council adopted Resolution R-05-067 (Attachment 2), establishing a Code of Ethics for City Council and Advisory Body Members, based on model language from the League of California Cities. On June 20, 2006, the Council approved an addendum to the policy allowing members to pledge that they will honor the policy in their service to the City. The City Clerk's Office currently collects this "Statement of Commitment" from each City Council Member and Advisory Body Member.
The Code also stipulates that it shall be reviewed annually by the City Council and Advisory Bodies. On May 7, 2019, the Code of Ethics was reviewed by the Council. Since then, the Council has conducted its annual review in January of each year and has not recommended any changes.
Should the Council direct updates to the policy following this review, the updated version will be returned to the Council for adoption at the next available meeting.
Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) establishing a conduct policy for virtual legislative meeting practices, and conduct the annual review of the City’s Code of Ethics for legislative body members, providing direction to staff on any desired changes.
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FISCAL IMPACT:
There is no fiscal impact associated with the City’s code of ethics or virtual meeting practices.
ALTERNATIVES:
1.Provide alternative direction to staff.
ATTACHMENTS:
1. Resolution
2.Code of Ethics and Statement of Commitment
Submitted by: James R. Lewis, City Manager Meeting Date: February 1, 2022 City Manager Approval:
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RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA ADOPTING A VIRTUAL LEGISLATIVE MEETING CONDUCT POLICY WHEREAS, the City Council has been conducting various forms of virtual legislative meetings since February of 2020; and
WHEREAS, as staff and the City’s legislative body members have learned how best to administer virtual meeting sessions over the past two years, some best practices have emerged; and
WHEREAS, some form of virtual legislative meeting practice is likely to be the norm for the foreseeable future, and as such staff now recommends that the Council adopt written standards of conduct for virtual legislative meeting sessions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby adopts a Virtual Legislative Meeting Conduct Policy (Exhibit A).
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 1st day of February 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
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DRAFT CITY OF PISMO BEACH ADMINISTRATIVE POLICY
Policy Name: Policy Number:
VIRTUAL LEGISLATIVE MEETING CONDUCT POLICY AP-CC-002
Purpose: Original Adoption Date:
To establish best practices for legislative body members during virtual legislative meetings.
Month Day, 2022
Revision Date(s):
City Manager Approval:
I.PURPOSE
To establish best practices for legislative body members during virtual legislative meetings.
II.APPLICABILITY AND RESPONSIBILITY
A.Applicability
Members of the City Council, Planning Commission, and other Advisory Bodies.
B.Responsibility
The City Manager shall be generally responsible for the administration of this Policy. The City Manager shall be responsible for approving exceptions to this Policy, and for determining the method and extent of pursuing the correction of violations of this Policy.
III.DEFINITIONS
“Brown Act” means the Ralph M. Brown Act of 1953, California Government Code Section 54950 et seq.
"City" means the City of Pismo Beach, a municipal corporation. "City Manager" means the City Manager or designee.
"City staff" means a regular or contract employee of the City responsible for administering virtual legislative meeting sessions.
"Council Member" means any or all members of the City Council including the Mayor, unless the context indicates otherwise.
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“Legislative body member” means any or all members of the City Council and/or Planning Commission and/or other Advisory Body.
“Presiding Officer” means the Mayor or Acting Mayor in the case of a City Council meeting, and means the Chair or Acting Chair in the case of a Planning Commission meeting or other Advisory Body meeting.
IV. PROVISIONS
A.Audio and Video
1.City staff will set the screen names of legislative body members to include the individual’s full name and title. Legislative body members shall not thereafter alter their screen names in any way that obscures their identity or official title.
2.Legislative body members shall use an official City-branded virtual meeting background if offered one by City staff.
3.Legislative body members shall remain visible on video during active legislative meeting sessions to the greatest extent feasible.
An exception may be made when unforeseen technological
impediments or immediate personal necessity prevent the member from appearing on video. Further, a legislative body member may be permitted to participate in a virtual legislative meeting without video under other extenuating circumstances, with advance notice to the Presiding Officer.
B.Decorum
1.Legislative body members shall generally conduct themselves with the same level of decorum and focus of attention during virtual legislative meetings as would be expected during physical legislative meetings.
2.Legislative body members shall refrain from text-messaging or otherwise electronically communicating with others during the meeting, in order to minimize distraction and avert potential violations of the Brown Act.
3.Legislative body members shall refrain from watching other media during the meeting unless the media is related to items under consideration, in order to minimize distraction and disruption.
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C.Parliamentary Process and Voting
1.Rules of parliamentary procedure as set forth in the Pismo Beach Municipal Code, Rosenberg’s Rules of Order, or other applicable policy or regulation adopted by the City Council, shall be observed during virtual legislative meetings in the same manner as during physical meetings.
2.All other applicable laws, including the Brown Act, shall be observed during virtual legislative meetings in the same manner as during physical meetings.
3.During the vote on a motion, legislative body members shall audibly state their vote for the record, except in circumstances where a technological impediment temporarily prevents the member’s audible participation, in which circumstance the member shall visibly indicate assent or dissent on the item. If City staff is unable to discern the nature of the legislative body member’s vote from audio or visual cues, the Presiding Officer may opt to postpone the vote on the motion until such time that the legislative body member’s audio connection is reinstated.
4.If a legislative body member’s vote is incorrectly recorded by City staff, the legislative body member shall rectify their vote immediately following the announcement of the vote.
V. REFERENCES
1.CA Gov't Code §54950 (Ralph M. Brown Act)
VI. APPENDICES
None.
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RESOLUTION NO R 05 067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH ADOPTING A
CODE OF ETHICS FOR CITY COUNCIL BOARDS AND COMMISSION MEMBERS WHEREAS the Citizens of Pismo Beach are entitled to have fair ethical and accountable local government and
WHEREAS Pismo Beach maintains a commitment to excellence and effective functioning of democratic government and
WHEREAS integrity of officials of local government is key to effective and fair operation of government
NOW THEREFORE BE IT RESOLVED the City Council of the City of Pismo Beach hereby adopts this Code of Ethics which pertains to members of the City Council and all members of the City Boards and Commissions and also to those vendors doing business with the City
UPON MOTION OF Councilmember Natoli seconded by Councilmember Rabenaldt the foregoing resolution was passed approved and adopted by the City Council of the City of Pismo Beach this 4th day of October 2005 on the following roll call to wit AYES Councilmembers Natoli Rabenaldt Gonzales Gee Higginbotham and Mayor Reiss
None
None
None
NOES
ABSENT
ABSTAIN
ATTEST
tint
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Preamble
CODE OF ETHICS
For The City of Pismo Beach
Council, Boards and Commission Members
Adopted by the Pismo Beach City Council
Date approved -October 4, 2005
All citizens and businesses of Pismo Beach are entitled to have fair, ethical and accountable local goverrunent, which has earned the public's full confidence for integrity. In keeping with the City of Pismo Beach's commitment to excellence, the effective functioning of democratic goverrunent, therefore, requires that:
•Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of goverrunent; •Public officials be independent, impartial and fair in their judgment and actions;•Public office be used for public good, not for personal gain;•Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
This Code of Ethics, as adopted by the Pismo Beach City Council pertains to members of the City Council and of the City's boards and commissions and to those vendors doing business with our city, to assure public confidence in the integrity oflocal goverrunent and its effective and fair operation.
1.Acts in the Public Interest
Members will work for the common good of the people of Pismo Beach and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Pismo Beach City Council, boards and commissions.
2.Comply with the Law
Members shall comply with the laws of the nation, the State of California and the City of Pismo Beach in the performance of their public duties. These laws include but are not limited to: The United States and California constitutions, Fair Political Practices laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of government and adopted City ordinances and policies.
3.Conduct of Members
The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the council, boards and commissions, the public and staff.
Pismo Beach Code of Ethics Page I of 4
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4.Respect for ProcessMembers shall perform their duties in accordance with the processes and rules of order established by the City council and boards and commissions governing the deliberation of public policy issues, meaningful involvement of the public and implementation of policy decisions of the City Council by staff.
5.Conduct of Public Meetings
Members shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body or otherwise interfering with the orderly conduct of meetings.
6.Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.
7.Communication
Members shall publicly share substantive information that is relevant to a matter under consideration by the Council or boards and commissions, which they may have received from sources outside of the public decision making process.
8.Conflict of Interest
In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest or where they have an organizational responsibility or personal relationship, which may give the appearance of a conflict of interest.
In accordance with the law, members shall disclose investments, interests in real property, source of income, and gifts, and they shall abstain from participating in deliberations and decision-making where conflicts may exist.
9.Gifts and Favors
Members shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.
10.Confidential Information
Members shall respect the confidentiality of information concerning property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or private interests.
11.Use of Public Resources
Members shall not use public resources unavailable to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
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12.Representation of Public InterestsIn keeping with their role as stewards of the public interest, members shall not appear on behalf of the private interests of third parties before the Council or any board, commission or proceeding of the City, nor shall members of boards and commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.
13.AdvocacyMembers shall represent the official policies or positions of the City Council, board or commission to the best of their ability when designated as delegates for thi s purpose.
When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Pismo Beach, nor will they allow inference that they do.
14.Policy Role of MembersMembers shall respect and adhere to the council-manager structure of Pismo Beach City government as outlined by the Pismo Beach Municipal Code. In this structure, the City Council determines the policies of the City, with the advice, information and analysis provided by the public, boards and commissions and City staff.
Except as provided by the City Municipal Code, members shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.
15.Independence of Boards and Commissions
Because of the value of the independent advice of boards and com missions to the public decision-making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of board and commission proceedings.
16.Positive Work Place Environment
Members shall support the maintenance of a positive and constructive work place for the City employees and for the citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.
17.ImplementationThe Pismo Beach Code of Ethics is intended to be self-enforcing, and is an expression of standards of conduct for members expected by the City. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.
For this reason, ethical standards shall be included in the regular orientations for candidates for City Council, applicants to boards and commissions, and newly elected and appointed officials. Members entering office shall sign a statement affirming they have read and understand the City of Pismo Beach Code of Ethics. The Code of Ethics shall be reviewed annually by the City Council, boards and commissions, and the City Pismo Beach Code of Ethics Page 3 of 4
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Council shall consider recommendations from boards and commissions and update as necessary.
18.Compliance and Enforcement
The chairs of boards and commissions and the Mayor have the additional responsibility to intervene when actions of members that appear to be in violation of the Code of Ethics are brought to their attention. The City Council may impose sanctions on members whose conduct does not comply with the City's ethical standards, such as reprimand, formal censure, loss of seniority or committee assignment, or budget restriction. Under the City's Municipal Code, the City Council may also remove members of boards and commissions from office. A violation of this Code of Eth ics shall not be considered as a basis for challenging the validity of a council, board or commission decision.
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