AGENDA
Pismo Beach City Council
Tuesday, February 15, 2022
Zoom Meeting ID: 848 2371 5585 - Phone Number (669) 900-6833 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:
• 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:
• Call 1-669-900-6833 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:
• 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:
• 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; 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 2-15-2022
Pismo Beach City Council Agenda February 15, 2022
Regular Meeting—5:30 p.m.
Meeting to be held Virtually
Zoom Meeting ID: 848 2371 5585 – Toll-Free Access Number (669) 900-6833 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 time.
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 2-15-2022
Pismo Beach City Council Agenda February 15, 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 February 1, 2022 Closed and Regular Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for January 30, 2022;
2. Approve the Register of Demands for January 28, 2022 and February 4, 2022.
Item 9.C: Department Activity Reports for January 2022 (All)
Recommendation:
Receive reports as information only.
Item 9.D: Termination of the August 11, 2021 Emergency Proclamation; Update on March 16, 2020 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:
1. Adopt a Resolution:
1. Terminating the local emergency confirmed by City Council on August 12, 2021, and rescinding R-2021-070; and
2. Ratifying expenditures in the amount of $69,849.67 and $327,405.63 to Pacific Petroleum and R. Baker, Inc., respectively; and
3. Appropriating related budget adjustments in fiscal year 2022.
2. Receive a report on the remaining active emergency proclamations.
Council Agenda 2-15-2022
Pismo Beach City Council Agenda February 15, 2022
Item 9.E: Bello Bridge Project Budget Appropriations (Fine)
Recommendation:
Adopt a Resolution accepting additional grant funds in the amount of $983,826, and appropriating revenues and expenditures in FY 2022 for the Bello Bridge Project.
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.
GENERAL PROCEDURES FOR PUBLIC HEARINGS (Mayor/Presiding Officer reserves discretion to set speaking allowances):
1. City staff will present the staff report and recommendation, and respond to technical/clarifying questions from Council;
2. Mayor will open the public hearing, and invite the project applicant, or representative, to present the project (Limited to 10 mins);
3. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to present their appeal (Limited to 10 mins);
4. Mayor will then ask other interested persons to testify regarding the project (Limited to 3 mins per speaker);
5. Mayor will invite the project applicant, or representative, to make a rebuttal if desired (Limited to 5 mins);
6. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to make a rebuttal if desired (Limited to 5 mins);
7. Mayor will close the public hearing, following which the Council will deliberate and act on the matter.
Item 11A: Introduction (First Reading) of Ordinances Effectuating a Local Coastal Plan Amendment and Adding Chapter 17.119 to Title 17 (1983 Coastal Zoning Code) and Section 17.38.145 to Chapter 38 of Title 17 (1998 Non- Coastal Zoning Code) of the Pismo Beach Municipal Code Regulating Two-Unit Residential Development and Urban Lot Splits in Compliance with Senate Bill 9 and Make a Determination of Exemption Under the California Environmental Quality Act (Downing)
Recommendation:
1. Introduce an Ordinance adding Chapter 17.119 Two-Unit Residential Development and Urban Lot Splits to Title 17 (1983 Coastal Zoning Code) of the City of Pismo Beach Municipal Code, relating to urban lot splits and two-unit residential development built in accordance with Senate Bill 9 and making a determination of exemption under the California Environmental Quality Act (CEQA);
(continued)
Council Agenda 2-15-2022
Pismo Beach City Council Agenda February 15, 2022
2. Introduce an Ordinance adding section 17.38.145 Two-Unit Residential Development and Urban Lot Splits to Chapter 38 of Title 17 (1998 Non- Coastal Zoning Code) of the City of Pismo Beach Municipal Code, relating to urban lot splits and two-unit residential development built in accordance with Senate Bill 9 and making a determination of exemption under the California Environmental Quality Act (CEQA).
12. BUSINESS ITEMS May be reordered and heard prior to Public Hearings
Item 12.A: Direction on James Way Beautification Project (Fine)
Recommendation:
Provide staff with direction on how to proceed with a James Way Beautification Project.
Item 12.B: Risk Management Annual Report (Garcia)
Recommendation:
Receive the 2021 Risk Management Annual Report as information.
Item 12.C: Consideration of Options for Professional Services Related to Chapman Estate Accessibility and Waterproofing Improvements (Fine)
Recommendation:
Consider options and provide direction on the Chapman Estate accessibility and waterproofing improvements.
Item 12.D: Remove Censure of Council Member Marcia Guthrie (Waage)
Recommendation:
Approve a motion to remove the censure of Council Member Marcia Guthrie and other restrictions and restore her Committee Assignments.
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, March 1, 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).
Council Agenda 2-15-2022
Pismo Beach City Council Agenda February 15, 2022
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 15, 2022 meeting(s) of the Pismo Beach City Council was posted on February 10, 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.
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 2-15-2022
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.A
` SUBJECT/TITLE:
ADOPTION OF MEETING MINUTES
RECOMMENDATION:
Adopt Minutes of the February 1, 2022 Closed and 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 February 1, 2022
Submitted by: Erica Inderlied, City Clerk Meeting Date: February 15, 2022 City Manager Approval:
9.A-1Council Agenda 2-15-2022
Packet Page 1
DRAFT MINUTES
Pismo Beach City Council
Tuesday, February 1, 2022
Special Closed Session—4:00 p.m.
Meeting Held Virtually
The City Council of the City of Pismo Beach met this date in a special closed session in with Mayor Waage presiding.
CALL TO ORDER: Mayor Waage called the meeting to order at 4:00 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:
Nadia Feeser, Administrative Services Director (via teleconference) Jorge Garcia, Assistant City Manager (via teleconference) James R. Lewis, City Manager (via teleconference)
2. PUBLIC COMMENT PERIOD
Mayor Waage called for public comment. There being no one wishing to comment, Mayor Waage closed the public comment period.
3. ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Waage announced the Closed Session item listed below.
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
9.A-2Council Agenda 2-15-2022
Attachment 1
Packet Page 2
4. CLOSED SESSION REPORT
City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above item.
5. ADJOURNMENT
There being no further business, Mayor Waage adjourned the meeting at 5:40 p.m., to the 5:30 p.m. Regular Meetng.
9.A-3Council Agenda 2-15-2022
Attachment 1
Packet Page 3
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: 5:45 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) David Fleishman, City Attorney (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)
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.
4. PRESENTATIONS
None.
9.A-4Council Agenda 2-15-2022
Attachment 1
Packet Page 4
5. PUBLIC COMMENT PERIOD
Call for public comment:
Maggie Payne, “We are the Care” initiative, commented.
6. CITY MANAGER’S REPORT
City Manager Lewis commented on various topics.
7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman reported that the Council had taken no reportable action during its Closed Session immediately following the Special Goal-Setting Meeting on January 28, 2022, or its 4:00 p.m. Closed Session on February 1, 2022.
8. COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:
Mayor Waage: San Luis Obispo Council of Governments (SLOCOG) Board; League of California Cities Sea Level Rise Working Group.
9. CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Blake
Second: Newton
Vote: The motion passed on the following vote (Items 9.A through 9.F):
Ayes: 5 Blake, Newton, Guthrie, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
Adopt Minutes of the January 18, 2022 Regular Meeting.
9.A-5Council Agenda 2-15-2022
Attachment 1
Packet Page 5
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.
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.
9.A-6Council Agenda 2-15-2022
Attachment 1
Packet Page 6
11. PUBLIC HEARINGS
None.
12. BUSINESS ITEMS
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.
Presenting staff:
Gordon Jackson, Director of Tourism and Events
James R. Lewis, City Manager
Call for public comment:
Debra Early, Parks, Recreation and Beautification Commissioner, commented.
Action: 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.
Motion: Blake
Second: Reiss
Vote: The motion passed on the following vote:
Ayes: 5 Blake, Reiss, Guthrie, Newton, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-005 adopted.
9.A-7Council Agenda 2-15-2022
Attachment 1
Packet Page 7
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.
Presenting staff:
Matt Downing, Community Development Director
James R. Lewis, City Manager
Call for public comment: No comment.
Staff noted public comment received via email from Eric DeMatteo.
The following commented:
Tedd Shurson
Sean Corpuel
Sarah Paddack
Action: Direct staff to continue the existing temporary parklet program until September 30, 2022, or until such time that emergency orders relating to the COVID-19 pandemic are lifted, whichever occurs sooner.
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes: 4 Newton, Guthrie, Reiss, Waage
Noes: 1 Blake
Absent: 0
Abstain: 0
Recused: 0
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.
Presenting staff:
James R. Lewis, City Manager
Call for public comment: No comment.
9.A-8Council Agenda 2-15-2022
Attachment 1
Packet Page 8
Action: Adopt a Resolution adopting a Virtual Legislative Meeting Conduct Policy, with the following revisions:
1. Indicate that the Mayor is generally responsible for enforcement of the policy.
2. Add an exception permitting communication by text message between legislative body members and staff as may be needed to support administration of the meeting.
Motion: Blake
Second: Newton
Vote: The motion passed on the following vote:
Ayes: 5 Blake, Newton, Guthrie, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-006 adopted.
13. CITY COUNCIL COMMENTS AND REQUESTS
Action: Consensus in support of directing staff to return with an agenda item allowing for discussion of reimbursement practices for Council Member expenses.
Action: Consensus in support of directing staff to return with an agenda item allowing the Council to consider terminating the censure of Council Member Guthrie.
14. ADJOURNMENT
At 7:30 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
9.A-9Council Agenda 2-15-2022
Attachment 1
Packet Page 9
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 30, 2022;
2. Approve the Register of Demands for January 28, 2022 and February 4, 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 15, 2022
Nadia Feeser, Administrative Services Director / City Treasurer
City Manager Approval:
9.B-1Council Agenda 2-15-2022
Packet Page 10
FOR PERIOD ENDING 01/30/22
CHECKS DATED 02/04/22
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 556767‐556773 7
ACH 118
EARNINGS
REGULAR 321,502.53
HOLIDAY 4,238.83
OVERTIME (Includes Comp Time Payouts)19,675.89
Administration 208.15
Building ‐
Conference & Visitors Bureau ‐
Police Department 13,380.76
Parking ‐
Engineering ‐
Fire ‐
Recreation ‐
Public Works 663.97
Water 1,762.53
Wastewater 3,660.48
Motor Vehicles
Subtotal‐Overtime 19,675.89$
SALARY ADJUSTMENTS 552.80
TRAINING / UNIFORM ALLOWANCE 390.00
OTHER EARNINGS 15,178.81
$361,538.86
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 33,642.13
FICA & MEDICARE 27,642.86
STATE INCOME TAX 11,592.86
STATE DISABILITY INSURANCE 4,186.41
GARNISHMENTS 40.25
HEALTH 1,657.96
SUPPLEMENTAL DISABILITY 1,659.65
SECTION 125 2,557.72
PERS 29,166.61
DEFERRED COMPENSATION 8,921.55
ADDITIONAL LIFE INSURANCE 278.91
UNION DUES 2,118.84
PISMO ATHLETIC CLUB 182.50
OTHER
NET PAYROLL $237,890.61
DIRECT DEPOSIT DEDUCTION 234,012.90
NET PAYROLL AFTER ACH DEPOSIT 3,877.71
SUMMARY PAYROLL REGISTER
9.B-2
Attachment 1
Council Agenda 2-15-2022
Packet Page 11
City of Pismo Beach
Final Disbursement List Check Date 01/28/2022
US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 14257 Igoe Administrative Services 01/28/2022 533.96$ IGOE FSA & DDS Reimbursement - Week 4 Jan 2022 ACH 10371 Visit SLO County 01/28/2022 153,708.72 TMD Payments November 2021 ACH 12017 Vantagepoint Transfer Agents 01/28/2022 11,217.00 Retiree Health Premiums Feb 2022 ACH 14257 Igoe Administrative Services 01/28/2022 1,174.25 FSA & DDS Reimbursement Week 2 & 3 Jan 2022 121318 14186 AAAA Engineering Contracting, Inc 01/28/2022 104,214.73 Storm Drain Project Progress Payment # 4 121319 10446 Achievement House, Inc. 01/28/2022 9,750.00 Sidewalk Cleaning & Beach Litter Removal Nov/Dec 2021 121320 11882 Alexander's Contract Services Inc 01/28/2022 3,037.72 Water Meter Reading Services Jan 2022 121321 12437 All Clear Pool & Spa Repair 01/28/2022 150.00 Pool Maintenance Chapman Estate Dec 2021 121322 10341 Alliant Insurance Services Inc-NPB Main 01/28/2022 1,638.00 Facility Insurance for Events Oct-Dec 2021 121323 10830 Aramark 01/28/2022 1,500.08 Uniforms - Dec 2021 121324 11589 Austin's Wet Pets and Pond Maintenance, Inc 01/28/2022 195.00 Pond Maintenance Dec 2021 - Chapman Estate 121325 14253 Diana L. Beaudry 01/28/2022 157.02 Refund for overpayment on permit B21-000165 121326 14281 Eric Bianco 01/28/2022 1,587.00 Refund for LLA that was not completed ENG15-000013 121327 14119 Boone Printing & Graphics, Inc. 01/28/2022 152.47 Business Cards - TED 121328 14229 Brendler Janitorial Service 01/28/2022 16,152.00 Janitorial Services for City Facilities Dec 2021 121329 11392 Brenntag Pacific Inc. 01/28/2022 1,770.36 Sodium Bisulfite 25% 121330 10028 Brisco Mill & Lumber Yard 01/28/2022 135.67 Supplies - Streets 121331 11492 Bunyon Bros. Tree Care, Inc. 01/28/2022 5,250.00 Emergency Trim Split Oak & Date Palm at PD 121332 10964 California Building Standards Commission - CBSC 01/28/2022 347.40 Green Fees Oct - Dec 2021 121333 10626 California Highway Adoption Co 01/28/2022 750.00 Highway 101 On/Off Ramp Trash Mitigation Jan 2022 121334 13517 Cavanaugh & Associates, P.A. 01/28/2022 2,500.00 20/21 AWWA Water Audit Level 1 Validation 121335 11451 Channel Islands Technology Integrators' Group 01/28/2022 2,628.83 Professional IT Services 121336 11373 Cherry Lane Nursery 01/28/2022 51.69 Supplies - Parks 121337 10281 City of Arroyo Grande 01/28/2022 4,371.54 Winter Spring Activity Guide Postage and Printing 121338 11231 Coastal Peaks Coffee 01/28/2022 327.00 Coffee Supplies 121339 14217 Deltina Coffee Roasters 01/28/2022 177.50 Coffee Supplies 121340 11803 Department Of Conservation 01/28/2022 1,124.60 SMIP Fees Oct - Dec 2021 121341 10142 Division of The State Architect 01/28/2022 358.80 SB1186 Jul-Sept 2021 121342 10142 Division of The State Architect 01/28/2022 216.00 SB1186 Oct-Dec 2021 121343 13990 Eagle Energy, Inc. 01/28/2022 5,980.92 Diesel & Unleaded Fuel Deliveries 01/11/2022 121344 14280 Eastech Flow Controls, Inc. 01/28/2022 786.00 WWTP Equipment Repairs 121345 11469 Eikhof Design Group Inc 01/28/2022 2,293.75 Development Review Services & Stormwater Consulting Dec 2021 121346 14192 Gallagher Benefit Services, Inc. 01/28/2022 5,280.00 Total Compensation Study - Classifications & Benefits Dec 2021 121347 12886 Game Time 01/28/2022 2,022.24 Ash Pans for Stand BBQ's in City Parks 121348 11412 Harvey's Honey Huts 01/28/2022 250.00 Portable Toilets - Chapman Estate Dec 2021 121349 12653 Dan Herlihy 01/28/2022 217.00 M&IE for IA Seminar- 2/6-2/9/22 121350 14246 Hunter Smith Architecture 01/28/2022 2,920.00 Design/Development - Chapman Estate Improvements Dec 2021 121351 11325 KCBXNET 01/28/2022 1,407.00 Cablecast & Channel 20 Maintenance Services Dec 2021 121352 12032 Kimball Midwest 01/28/2022 121.93 WWTP parts 121353 13768 Mark Schwind Electric, Inc. 01/28/2022 3,620.00 Shell Beach Library/Dino Caves/Palisades Park Electrical Repairs 121354 12279 McMaster Carr 01/28/2022 160.73 WWTP Maintenance Supplies 121355 13645 MDN Engineering, LLP 01/28/2022 7,100.00 Dino Caves/Price Park CM - Dec 2021 121356 10097 Miners Hardware 01/28/2022 779.18 Maintenance Supplies 121357 UB*00826 THOMAS MULHOLLAND 01/28/2022 72.00 Refund Check 018487-000, 218 INDIO 121358 11172 Mullahey Ford 01/28/2022 1,261.68 Vehicle Maintenance 121359 12270 Office Depot 01/28/2022 322.09 Office Supplies 121360 10728 Oilfield Environmental & Compliance, Inc. 01/28/2022 4,410.87 Lab Analysis Dec 2021 121361 13197 Olin Corporation 01/28/2022 4,858.43 Sodium Hypochlorite 121362 12335 Procare Janitorial Supply Inc 01/28/2022 2,742.49 Janitorial Supplies 121363 10240 R & T Embroidery, Inc. 01/28/2022 23.50 Staff Apparel Embroidery 121364 14204 S. Chaves Construction, Inc. 01/28/2022 93,948.35 Price Canyon Slope Repair Dec 2021 121365 11648 Patience Santos 01/28/2022 139.20 Instructor -Community Tennis Clinic 1/3/22 - 1/7/22 121366 10093 SLO County Auditor-Controller 01/28/2022 10,975.00 Phoenix Parking Surcharges Nov 2021 121367 13860 South County Chambers of Commerce 01/28/2022 20,000.00 California Welcome Center Sponsorship 121368 14113 Southpaw Sign Co., Inc. 01/28/2022 9,503.54 Price Historical Park - Monument Signs 121369 12645 Adrian Souza 01/28/2022 217.00 M&IE for IA Seminar- 2/6-2/9/22 121370 11722 SP Maintenance Services Inc 01/28/2022 4,413.75 Parking Lot & Street Sweeping Services Jan 2022 121371 12031 Stanley Convergent Security Solutions 01/28/2022 337.82 Alarm Maintenance - Wastewater 121372 12476 Statewide Traffic Safety And Signs, Inc 01/28/2022 611.60 Aquaphalt for Pothole & Street Repairs 121373 11620 Street Decor, Inc. 01/28/2022 3,191.52 Holiday Banners 121374 13489 Teaman, Ramirez & Smith, Inc. 01/28/2022 26,116.00 Professional Auditing Services 121375 14109 Anthony R Testa 01/28/2022 2,400.00 Saint Jude's Tunnel Painting Project - Materials Deposit 121376 12321 The Gas Company 01/28/2022 2,734.66 Gas Service 12/21/21 - 01/21/22 121377 13442 Thorn Run Partners 01/28/2022 4,000.00 Federal Lobbying Services Jan 2022 121378 12461 TJA Advertising 01/28/2022 60,360.07 CVB/LBID Advertising and Promotion Dec 2021 121379 12301 TK Elevator 01/28/2022 444.08 Elevator Servicing - City Hall 01/01/22-03/31/22 121380 12860 Townsend Public Affairs 01/28/2022 3,500.00 State Lobbying Services Jan 2022 121381 13905 Tripepi, Smith and Associates, Inc 01/28/2022 420.00 PD Logo Design 121382 10905 Venco Power Sweeping Inc 01/28/2022 4,279.13 Street Sweeping Services Dec 2021 121383 12527 Water Systems Consulting Inc 01/28/2022 166,877.25 AWIA/Prop 1 Grant/CWSRF/NCMA Consulting Services Dec 2021 121384 12132 White Flag Pest Control Inc 01/28/2022 1,146.00 Pest Control Services 121385 12686 Mark Wilson 01/28/2022 270.00 Reimbursement: T2 & D2 Water Operator Renewals 121386 12614 Winema Industrial & Safety Supply 01/28/2022 1,575.53 Safety Supplies Total 789,267.65
9.B-3
Attachment 2
Council Agenda 2-15-2022
Packet Page 12
City of Pismo Beach
Final Disbursement List Check Date 02/04/2022
US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 10002 Internal Revenue Service 02/04/2022 88,927.85$ Federal Income Tax PD 02/04/22 ACH 11224 Richards, Watson, Gershon Attorneys At Law 02/04/2022 19,987.51 Professional Legal Services Dec 2021 ACH 11305 Public Employees Retirement System 02/04/2022 61,620.17 PERS Retirement EE & ER PD 02/04/22 ACH 12211 CA. Public Emp Retirement Sys 02/04/2022 103,418.85 Medical Insurance Feb 2022 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 02/04/2022 18,882.72 ICMA 457 Deferred Comp PD 02/04/22 ACH 12305 Franchise Tax Board 02/04/2022 15,779.27 SDI-State Disability Insurance PD 02/04/22 ACH 12360 CalPERS 457 Plan 02/04/2022 187.50 PERS 457 Deferred Comp PD 02/04/22 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA 02/04/2022 395.00 ICMA Roth IRA PD 02/04/22 121388 10434 Abalone Coast Analytical Inc 02/04/2022 437.00 Water Analysis Jan 2022 121389 10446 Achievement House, Inc. 02/04/2022 6,854.55 Litter removal & clean up services Dec 2021 121390 13158 Advantage Technical Services, Inc 02/04/2022 16,260.00 CM and Inspection - SB Reservoir I Dec 2021 121391 10695 AFLAC 02/04/2022 3,369.36 Supplemental Disability Insurance Jan 2022 121392 12275 Airgas West Inc 02/04/2022 627.77 WWTP Truck Supplies 121393 10640 Allstate Plastics LLC 02/04/2022 2,312.85 Trash Bags - Bulk 121394 12433 Alpha Electrical Service Inc 02/04/2022 1,715.84 WWTP Electrical Repairs 121395 11365 American Legal Publishing Corporation 02/04/2022 286.92 Jan 2022 S-13 Editing - Supp. No. 41 121396 12623 AT&T 9391012188 02/04/2022 2,498.58 Phone Bill - 12/10/21 - 01/09/22 121397 13278 AT&T 9391059148 02/04/2022 1,459.97 Phone Bill - 12/10/21 - 01/09/22 121398 11501 Backyard Improvement Center 02/04/2022 134.83 Charles St. Reservoir Maintenance 121399 14119 Boone Printing & Graphics, Inc. 02/04/2022 1,821.59 Printing for Advisory Body Recruitment Saturation Mailing 2022 121400 14229 Brendler Janitorial Service 02/04/2022 16,152.00 Janitorial Services for City Facilities Jan 2022 121401 11392 Brenntag Pacific Inc. 02/04/2022 1,826.04 Sodium Bisulfite 25% 121402 12346 Broyhill Manufacturing Company 02/04/2022 1,288.20 Equipment Repairs 121403 10074 Burdine Printing 02/04/2022 241.45 Well Log Books 121404 10110 California Law Enforcement Association of Records 02/04/2022 50.00 CLEARS 2022 Membership Dues A. Channell 121405 13951 Central Coast Portables 02/04/2022 125.37 Temporary Portable Toilet - Price House 11/27/21 - 12/25/21 121406 11451 Channel Islands Technology Integrators' Group 02/04/2022 4,322.70 Microsoft 365 Monthly Billing - Dec 2021 & IP Professional Services 121407 11169 Coast Riders Powersport Sales 02/04/2022 1,902.79 PD Vehicle Maintenance & Repairs 121408 11231 Coastal Peaks Coffee 02/04/2022 175.00 Coffee Supplies 121409 13257 Core & Main LLP 02/04/2022 710.00 Water System Meters - January 2022 121410 12156 County Of San Luis Obispo 02/04/2022 1,985.90 Chargeable Report Writing & Correspondence 121411 11986 Culligan/Central Coast Water 02/04/2022 95.00 Soft Water Tank Rental Jan 2022 121412 12628 Dell Marketing LP 02/04/2022 7,096.81 Computers & Accessories 121413 12224 Delta Dental Of California 02/04/2022 7,500.62 Dental Insurance January 2022 121414 12307 Department Of Justice 02/04/2022 96.00 Fingerprint Services 121415 11815 Digital Dolphin Supplies 02/04/2022 344.72 Office Supplies 121416 14286 Jenn Dougherty 02/04/2022 250.00 Refund: Dino Caves Park Rental Deposit 01/30/22 121417 13697 Dudek 02/04/2022 16,843.75 General Plan/LCP Planning Consultant July & Nov 2021 121418 13908 EPIC Business Essentials, LLC 02/04/2022 60.31 Office Supplies 121419 13586 Famcon Pipe & Supply Inc. 02/04/2022 161.63 Distribution Maintenance 121420 12123 Farm Supply 02/04/2022 45.26 Maintenance Supplies 121421 12589 Ferguson Enterprises, Inc. 02/04/2022 1,370.59 Water Distribution System Repairs 121422 14206 Filippin Engineering, Inc. 02/04/2022 41,026.83 Price Canyon Slope Repair - Const Mgmt Dec 2021 121423 13450 Franchise Tax Board-Tax Withholding 02/04/2022 40.25 Tax Withholding Order PD 02/04/22 121424 10527 Golden West College 02/04/2022 351.00 Registration: SWAT Class T. Smith- 2/21-2/26/22 121425 13603 Grand Awards - Arroyo Grande 02/04/2022 2,306.93 Band Review Trophies 121426 12952 GSI Water Solutions Inc 02/04/2022 1,023.77 2021 NCMA Annual Monitoring Report Dec 2021 121427 11412 Harvey's Honey Huts 02/04/2022 250.00 Portable Toilets - Chapman Estate Jan 2022 121428 11993 Information Technology 02/04/2022 1,274.79 Data Lines and External User Access- Oct - Dec 2021 121429 12351 International Association Of Chiefs Of Police 02/04/2022 190.00 IACP 2022 Annual Dues for Chief Smith 121430 13385 IPS Group, Inc. 02/04/2022 377.13 Parking Meter Maintenance 121431 12525 JJ Fisher Construction 02/04/2022 106,235.17 Dino Caves/Price Park Restrooms Dec 2021 121432 12083 Daniel Johnson 02/04/2022 49.00 Reimb: Class A Drivers License Renewal 121433 14063 JPW Communications, LLC 02/04/2022 600.00 Anti Litter Campaign 121434 14285 Larry Kim 02/04/2022 545.85 M&IE/Mileage: Parks and Rec Academy JPIA 2/8-2/10/22 121435 14277 Kyle Laughlin 02/04/2022 1,020.00 M&IE for ICI Core & POST Trainings 3 weeks - K. Laughlin 121436 10428 League Of California Cities 02/04/2022 5,264.00 Annual Dues 01/01/2022 to 12/31/2022 121437 UB*00852 KEVIN LEE 02/04/2022 180.00 Refund Check 018569-000, 561 WADSWORTH #A 121438 11586 Liebert, Cassidy & Whitmore 02/04/2022 456.00 Professional Legal Services Dec 2021 121439 10175 Life-Assist, Inc. 02/04/2022 826.22 Medical Supplies - Fire 121440 UB*00853 SUSAN MARMADUKE (T) 02/04/2022 382.64 Refund Check 018544-000, 218 MONTECITO 121441 12090 Mier Bros. Landscape Products 02/04/2022 37.17 Maintenance Supplies 121442 10097 Miners Hardware 02/04/2022 725.20 Maintenance Supplies 121443 11172 Mullahey Ford 02/04/2022 1,283.62 PD181 Tahoe Electrical Repair 121444 10039 New Times 02/04/2022 106.00 Legal Notice Advertising 121445 11194 Oasis Associates Inc 02/04/2022 3,571.00 Price Historical Park Landscape Design & Consulting Dec 2021 121446 12270 Office Depot 02/04/2022 1,181.56 Office Supplies 121447 11202 Pavement Engineering, Inc. 02/04/2022 29,080.00 2021-22 Paving Project Design Dec 2021 121448 10633 Pismo Beach Athletic Club Inc 02/04/2022 365.00 PBAC Dues Collected in Jan 2022 121449 12022 Pismo Beach Police Officer's Association 02/04/2022 1,452.27 2022 POA Dues PD 02/04/22 121450 12335 Procare Janitorial Supply Inc 02/04/2022 689.07 Janitorial Supplies 121451 13898 Quadient, Inc. 02/04/2022 1,000.00 Postage Meter Refill
9.B-4
Attachment 2
Council Agenda 2-15-2022
Packet Page 13
City of Pismo Beach
Final Disbursement List Check Date 02/04/2022
US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
121452 14120 Quincon, Inc. 02/04/2022 490,806.10 Corp Yard & City Hall Remodel Dec 2021 121453 12613 Quinn Company 02/04/2022 1,376.50 Fire Station 63 Generator Repair 121454 13201 Rincon Consultants, Inc. 02/04/2022 14,288.75 Consultant for EIR for GP/LCP & Central Coast Blue Dec 2021 121455 12436 S & S Worldwide 02/04/2022 84.48 Rec Department Supplies 121456 14237 S&K Theatrical Draperies, Inc. 02/04/2022 13,015.68 PB Vets Hall Stage Curtains 121457 12028 San Luis Obispo County Public Works Dept 02/04/2022 863,423.20 Department of Water Resources 60% of Annual FY 21-22 121458 12108 Santa Maria Tire, Inc. 02/04/2022 732.61 Vehicle Maintenance 121459 14076 SCL-North 02/04/2022 10,108.03 Shell Beach Road Light Post Replacement 121460 11208 SEIU Local 620 AFL/CIO 02/04/2022 666.57 SEIU Dues PD 02/04/22 121461 13913 Silvas Oil Co., Inc 02/04/2022 5,200.27 Diesel & Unleaded Fuel Deliveries 01/25/2022 121462 10913 Siteone Landscape Supply LLC 02/04/2022 424.42 Landscape Maintenance Supplies 121463 12570 SLO Roasted Coffee 02/04/2022 37.00 Coffee Supplies 121464 10730 South Coast Emergency Vehicle 02/04/2022 2,987.85 FDE63 Maintenance & Repairs 121465 12031 Stanley Convergent Security Solutions 02/04/2022 314.80 Monthly Security & Fire Monitoring 121466 10025 State Water Resource Ctrl Brd 02/04/2022 2,794.00 SWRCB Annual Permit Fee Bello Bridge - 7/1/21 - 6/30/22 121467 12171 State Water Resources Control Board 02/04/2022 13,716.00 Annual Permit Fee WWTP 21/22 121468 13530 TCA Tools Inc 02/04/2022 30.17 Shop Tools 121469 14015 The Pape` Group Inc. 02/04/2022 598.21 FDE63 Electrical Repairs 121470 13097 The Standard 02/04/2022 1,464.88 Life & Additional Life Insurance Coverage Feb 2022 121471 14159 Thompson Pump & Manufacturing Co., Inc. 02/04/2022 91,624.14 Bypass Pump & Accessories 121472 14283 Josh D. Tyler 02/04/2022 323.25 2020 and 2021 Lifeguard/Junior Lifeguard picture 121473 12982 Ultrex Business Products 02/04/2022 871.25 City-Wide Copier Usage Jan 2022 121474 13392 Urban Planning Concepts 02/04/2022 11,392.50 In-House Planning Services Dec 2021 121475 12622 USA Bluebook Acct: 82507 02/04/2022 739.77 Wastewater Lab Supplies & Equipment Maintenance 121476 12299 Valley Instrument Service Inc 02/04/2022 1,120.23 Ultrasonic Level Transducer for Lift Station 121477 14115 Vanir Construction Mgmt, Inc. 02/04/2022 7,001.00 Owner's Rep/Const Mgmt- Design-Build Safety Facility Dec 2021 121478 13073 VSP- Vision Service Plan (CA) 02/04/2022 1,721.39 VSP Vision Coverage Feb 2022 121479 12615 Wage Works 02/04/2022 50.00 Monthly Service Fee 121480 14284 WB Xcel Holdings LLC 02/04/2022 853.25 Wetsuit tops for Lifeguards 121481 14287 Katie Weintraub 02/04/2022 75.00 Pro Rated Refund: Drum Perks Class # 10860 121482 12132 White Flag Pest Control Inc 02/04/2022 226.00 Pest Control Services 121483 13326 Williams Cleaning Systems LLC 02/04/2022 139.50 Pressure Washer Repairs Total 2,149,719.54
9.B-5
Attachment 2
Council Agenda 2-15-2022
Packet Page 14
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.C
SUBJECT/TITLE:
DEPARTMENT ACTIVITY REPORTS FOR JANUARY 2022
RECOMMENDATION:
Receive reports as information only.
BACKGROUND:
The attached monthly department activity reports are for Council’s information.
FISCAL IMPACT:
Not applicable.
ALTERNATIVES:
1.Request additional information from staff.
ATTACHMENTS:
1.Administrative Services Department (Feeser)
2.City Manager's Office (Lewis)
3.Community Development Department (Downing)
4.Fire Department (Lee)
5.Management Services Department (Garcia)
6.Police Department (Smith)
7.Public Works and Engineering (Fine)
8.Tourism and Events Department (Jackson)
Prepared by: Respective departments. Meeting Date: February 15, 2022 City Manager Approval:
9.C-1Council Agenda 2-15-2022
Packet Page 15
City of Pismo Beach - Administrative Services Department Monthly Report – January 2022
KEY REVENUES
Transient Occupancy Tax (TOT)
As of January 1, 2021, TOT revenues are 11% of gross lodging revenues. These revenues reflect about 54% of the City’s General Fund budgeted revenues. Preliminary data for December rentals indicate that December 2021 TOT revenues are $970,072 which is above the year ago December 2020 TOT revenues of $470,263 by $499,809, or 106.28%. 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 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. December 2021 TOT numbers include an additional 1% TOT, reflecting a 11% TOT rate compared to the 10% TOT rate in December 2020. This is a preliminary amount as not all properties have reported. The following chart illustrates TOT revenues received in fiscal year (FY) 2021 and FY 2022 by month.
Sales Tax Revenues
Sales tax revenues represent 1% of taxable sales received by the City. Fiscal year to date sales tax revenues through January 2022 amount to $1,630,063, which is above the year-ago total of $1,415,557 by $214,506, or 15.15% for the same period. Sales tax revenues are typically received
9.C-2Council Agenda 2-15-2022
Attachment 1
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3 months after the month for which it was collected. For example, January revenues received are collected from October sales. The following chart illustrates sales tax revenues received in FY 2021 and FY 2022 by the month in which the sales tax was collected.
ECONOMIC INDICATOR
Consumer Price Index (CPI): For the Los Angeles/Riverside/Orange County area, the percent change in the CPI for the twelve months ending in December 2021 was 6.57%.
OPERATIONS
Finance
Revenues
• City Fees: Fees updated in January 2022 have been posted on the City’s website and are as follows:
o Development Impact Fee, effective January 1, 2022
o Water/Wastewater Fees, effective January 1, 2022
o Parklet Fee, effective January 4, 2022
• Property and Sales Tax: Staff met with the City’s property and sales tax consultants to review property tax revenues and sales and use tax revenues. Finance updated Council with good news on both revenue sources.
Budget
• GFOA Budget Award: The City received the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for the City’s FY 2022 & FY 2023 Adopted Budget document. This award reflects the commitment of the Council and staff to meet the highest principles of governmental budgeting. To receive the budget award, the entity had to satisfy
9.C-3Council Agenda 2-15-2022
Attachment 1
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nationally recognized guidelines for effective budget presentation. Congratulations to the City!
• Budget Adjustments: Staff updated the City’s Financial system to reflect budget adjustments for Council resolutions.
Financial Reporting
• Sales Tax: The 4th Quarter 2021 Sales Tax Return was filed with the California Department of Tax and Fee Administration.
• State Controller’s Reports: Four annual State Controller’s Reports for the City of Pismo Beach were filed with the State of California: Public Financing Agency, Public Financing Authority, Public Facilities Corporation, and the Transit Operators’ Financial Transaction Report. • 1099 Reporting Forms: 122 Annual 1099 reporting forms were mailed by the Account Clerk to the required recipients and the IRS for 2021.
Projects
• Central Coast Blue: Staff worked with the City Manager, City Attorney, and the Public Works Director and the Cities of Arroyo Grande and Grover Beach to modify and update the Central Coast Blue Cost-Sharing Agreement for future Council approval.
Other
• Mileage Rate: IRS increased the mileage reimbursement rate from $0.56/mile to $0.585/mile effective January 1, 2022.
Technology
Safety & Security
• Police Department Communications: IT deployed new VPN software to Police computers to enhance security in their communications.
• Police Department Software: IT upgraded the Police department’s IAPro system, a police internal affairs/early intervention software program, to ensure it has the latest features and security patches.
• Police Department Dispatch Services: IT worked with Grover Beach IT to put a new data circuit into service between the two agencies. IT also assisted the Police Department with consolidating and moving the Grover Beach Police Department’s Computer Aided Dispatching (CAD) services and databases with the City’s CAD server. This will facilitate the consolidation of the agencies’ CAD systems and make for more efficient dispatching in both agencies. • Fire Department Technology: IT met with County IT and Fire to plan out IT improvements at the Shell Beach Fire Station (Station 63).
Infrastructure
• Data Storage: IT migrated 500 GB of data to balance out the City's enterprise storage resources.
Projects
• City Hall Remodel: IT participated in the ongoing construction meetings regarding the City Hall project to help address IT issues and concerns.
9.C-4Council Agenda 2-15-2022
Attachment 1
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o IT deployed fans and an additional cooling unit to ensure that the IT server room would remain cool while its AC unit was moved as part of the City Hall construction project.
o IT installed and deployed the new servers to support the physical access control and video camera systems at City Hall being installed as part of the project.
Accounts Payable January December November
Invoices Entered / Checks Issued:586/300 696/347 671/289 New purchase orders issued:11 14 12
New contract purchase orders issued:6 4 5
Change Orders / Amended PO's issued:10 1 7
Total dollar amount of all PO's issued:6,723,274$ 1,079,668$ 456,882$ Total Invoices paid:3,200,327$ 2,277,980$ 2,082,228$ Total No. of Voids processed: 2 4 1
Total Dollar amount of Voids:964$ 15,395$ 5,500$ Business License Certificates
Renewed Licenses issued / New Licenses 17/13 297/35 137/23 Payroll
New employees entered / Terminations:4 / 0 3 / 0 0 / 0 Auto. Payroll Deposits / Checks Issued:116 / 5 113 / 6 110 / 4 Total gross salary:434,585$ 350,236$ 343,559$ Total net salary:305,296$ 238,719$ 222,960$ Employee file maint. / Retro-pay calcs:24 / 1 14 / 1 8 / 6 Utility Billing
Downtown: Routine Utility Bills:0 2808 0
Delinquent Utility Bills:206 0 192
Shell Beach: Routine Utility Bills:2,133 0 2,131
Delinquent Utility Bills: 0 125 0
Cash receipts:1,075,092$ 837,172$ 974,653$ Customer accts paid/ACH Direct/Online Bills:3100/354/635 2319/277/542 2603/360/633 48 Hour Notices / Water Lock-Outs:0/0 0/0 0/0
Meter Sets / Meter Change Outs / Demos:2/8/0 3/11/0 6/0/0 Change Orders / Closing Bills:98/26 53/48 71/62
Billing Adjustments / Deposits:34/55 18/50 22/71
Delinquent Closed Invoices / Write-Offs:0/0 0/0 0/0
Administrative Services Department
Statistical Activity Report - January 2022
9.C-5Council Agenda 2-15-2022
Attachment 1
Packet Page 19
CITY MANAGER’S OFFICE ACTIVITY REPORT JANUARY 2022
Met with Council Members to discuss various topics of interest. Met with Department Heads to discuss various topics of interest. Participated in Business and Lodging Partners Call.
Attended a meeting to discuss the IWMA JPA.
Attended the South County Chamber of Commerce Pismo Beach Business Meeting. Participated in a Third Quarter Sales Tax Analysis Meeting with HdL. Attended Central Coast Community Energy Operations Board of Directors Meeting. Attended South County Chamber of Commerce Breakfast and provided an update on the City. Participated in the Diablo Canyon Parcel P Reuse Workshop. Hosted a project update for al city employees.
Participated in the quarterly Advisory Body Chair/Vice Chair meeting. Attended the South County Chambers of Commerce Governmental Affairs Committee Meeting.
9.C-6Council Agenda 2-15-2022
Attachment 2
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JANUARY 2022 CDD Monthly Report 1
PISMO BEACH COMMUNITY DEVELOPMENT DEPARTMENT
MONTHLY REPORT FOR JANUARY 2022
BUILDING DIVISION٠CODE COMPLIANCE٠PLANNING DIVISION
BUILDING DIVISION
ISSUED PERMITS SUMMARY
Date Permit
Number
Address Description Valuation Total Fees
01/03/2022 B22-000001 361 Pomeroy Avenue Plumbing,
Mechanical &
Electrical
0 163.17
01/03/2022 B22-000002 126 Esparto Avenue Plumbing,
Mechanical &
Electrical
0 252.96
01/04/2022 B22-000003 112 Irish Way Re-roof
Residential
7000 93.96
01/05/2022 B21-000484 408 Foothill Road Solar PV -
Residential
4940 415.37
01/05/2022 B21-000541 239 Santa Fe Avenue Solar PV -
Residential
6650 415.37
01/05/2022 R21-000073 321 La Paloma Avenue Revision 0 89.89 01/05/2022 B21-000549 1099 Longview Avenue Residential
Alteration
6000 510.62
01/05/2022 B21-000542 239 Santa Fe Avenue Re-roof
Residential
1764 79.55
01/06/2022 B21-000416 751 Fresno Street Residential
Alteration
150000 6422.42
01/07/2022 R22-000001 2545 Solano Road Revision 0 89.89 01/10/2022 B21-000553 847 Oak Park
Boulevard
Sign -
Illuminated
3200 445.28
01/10/2022 B22-000016 262 Esparto Avenue Plumbing,
Mechanical &
Electrical
0 429.01
9.C-7Council Agenda 2-15-2022
Attachment 3
Packet Page 21
JANUARY 2022 CDD Monthly Report 2
Date Permit
Number
Address Description Valuation Total Fees
01/10/2022 B22-000017 800 Stratford Street Plumbing,
Mechanical &
Electrical
0 163.17
01/10/2022 B20-000294 314 Indio Drive Single Family
Residence
495338.5 21024.35
01/11/2022 B22-000010 270 Encanto Avenue Plumbing,
Mechanical &
Electrical
0 177.17
01/11/2022 B22-000004 950 Wadsworth
Avenue
Residential
Alteration
40000 2355.41
01/12/2022 B21-000527 120 Esparto Avenue Solar PV -
Residential
23392 781.49
01/12/2022 B22-000015 333 Five Cities Drive
#123
Plumbing,
Mechanical &
Electrical
0 282.1
01/12/2022 B22-000014 549 Foothill Road Residential
Alteration
1065 190.2
01/12/2022 B21-000513 1243 Ocean Boulevard Re-roof
Residential
423010 0
01/13/2022 B21-000451 148 Searidge Court Solar PV -
Residential
11788 415.37
01/13/2022 B22-000025 1260 Costa Brava Plumbing,
Mechanical &
Electrical
0 309.05
01/13/2022 B21-000199 148 Searidge Court Single Family
Residence
468477.88 64040.46
01/14/2022 B21-000491 295 Reef Court Solar PV -
Residential
10000 415.37
01/14/2022 B22-000018 701 Price Street Re-roof
Commercial
57300 201.2
01/24/2022 B22-000032 831 Oak Park
Boulevard
Plumbing,
Mechanical &
Electrical
0 78.05
9.C-8Council Agenda 2-15-2022
Attachment 3
Packet Page 22
JANUARY 2022 CDD Monthly Report 3
Date Permit
Number
Address Description Valuation Total Fees
01/24/2022 B21-000434 202 Encanto Avenue Residential
Addition
150000 10914.55
01/24/2022 B22-000031 1612 Costa Del Sol Re-roof
Residential
14565 80.94
01/26/2022 B21-000499 400 Valley View Drive Solar PV -
Residential
10000 415.37
01/26/2022 R21-000006 333 Indio Drive Revision 0 89.89
01/26/2022 B22-000040 289 Palisade Avenue Re-roof
Residential
4400 79.62
01/27/2022 B22-000019 570 Frady Lane Fire Sprinklers
- Commercial
2200 0
01/27/2022 B21-000449 1616 Costa Brava Residential
Alteration
7000 576.85
01/27/2022 B22-000028 444 Dolliver Street Re-roof
Commercial
17000 187.92
01/28/2022 B21-000538 251 Harloe Avenue Plumbing,
Mechanical &
Electrical
0 604.7
01/28/2022 R20-000019 1558 Ocean Boulevard Revision 0 89.89 01/28/2022 R21-000071 166 Seaview Avenue Revision 0 89.89 01/28/2022 B21-000493 240 Pier Avenue Residential
Alteration
50000 4069.93
01/28/2022 B22-000041 580 Bay Street Re-roof
Residential
9800 94.32
01/31/2022 B22-000023 941 Visalia Street Solar PV -
Residential
11000 415.37
9.C-9Council Agenda 2-15-2022
Attachment 3
Packet Page 23
JANUARY 2022 CDD Monthly Report 4
Date Permit
Number
Address Description Valuation Total Fees
01/31/2022 B22-000030 271 Irish Way Solar PV -
Residential
8787 415.37
Total 41 1994677.38 117965.49
NEW APPLICATIONS SUMMARY
Date Permit
Number
Address Description Valuation
01/03/2022 B22-000001 361 Pomeroy Avenue Plumbing, Mechanical & Electrical
0 01/03/2022 B22-000002 126 Esparto Avenue Plumbing, Mechanical & Electrical
0 01/03/2022 B21-000520 1030 Longview Avenue Residential Addition 480000 01/04/2022 R22-000001 2545 Solano Road Revision 0
01/04/2022 B22-000005 111 Surf Avenue Plumbing, Mechanical & Electrical
0 01/04/2022 B22-000006 149 Irish Way Solar PV - Residential 11750 01/04/2022 B22-000004 950 Wadsworth Avenue Residential Alteration 40000 01/04/2022 B22-000003 112 Irish Way Re-roof Residential 7000 01/05/2022 B22-000538 251 Harloe Avenue Plumbing, Mechanical & Electrical
0 01/05/2022 B22-000008 1025 Longview Avenue Solar PV - Residential 32012 01/05/2022 B21-000538 251 Harloe Avenue Plumbing, Mechanical & Electrical
0 01/06/2022 B22-000010 270 Encanto Avenue Plumbing, Mechanical & Electrical
0 01/07/2022 B22-000013 855 4th Street Fire Alarm 14000 01/07/2022 B22-000012 328 La Paloma Avenue Solar PV - Residential 20000 01/07/2022 B22-000014 549 Foothill Road Residential Alteration 1065
9.C-10Council Agenda 2-15-2022
Attachment 3
Packet Page 24
JANUARY 2022 CDD Monthly Report 5
Date Permit
Number
Address Description Valuation
01/10/2022 B22-000015 333 Five Cities Drive #123 Plumbing, Mechanical & Electrical
0 01/10/2022 B22-000016 262 Esparto Avenue Plumbing, Mechanical & Electrical
0 01/10/2022 B22-000017 800 Stratford Street Plumbing, Mechanical & Electrical
0 01/11/2022 B22-000018 701 Price Street Re-roof Commercial 57300 01/12/2022 B22-000019 570 Frady Lane Fire Sprinklers -
Commercial
2200
01/12/2022 B22-000023 941 Visalia Street Solar PV - Residential 11000 01/12/2022 B22-000024 121 Narlene Way Solar PV - Residential 10800 01/12/2022 B22-000021 99 Coral Court Residential Alteration 25000 01/13/2022 B22-000025 1260 Costa Brava Plumbing, Mechanical & Electrical
0 01/13/2022 B21-000536 147 Stimson Street Commercial Alteration 80000 01/14/2022 B22-000026 257 Capistrano Avenue Plumbing, Mechanical & Electrical
0 01/14/2022 B22-000027 326 Ocean Boulevard Solar PV - Residential 16020 01/14/2022 B22-000029 760 Mattie Road Commercial Alteration 0 01/14/2022 B22-000028 444 Dolliver Street Re-roof Commercial 17000 01/17/2022 B22-000009 602 Vista Pacifica Circle Solar PV - Residential 10000 01/21/2022 B22-000020 310 Wilmar Avenue Residential Alteration 5000 01/24/2022 B22-000032 831 Oak Park Boulevard Plumbing, Mechanical & Electrical
0 01/24/2022 B22-000030 271 Irish Way Solar PV - Residential 8787 01/24/2022 B22-000031 1612 Costa Del Sol Re-roof Residential 14565 01/25/2022 B22-000035 1055 Price Canyon Solar PV - Residential 18000 01/25/2022 B22-000033 646 Vista Pacifica Circle Residential Alteration 996
9.C-11Council Agenda 2-15-2022
Attachment 3
Packet Page 25
JANUARY 2022 CDD Monthly Report 6
Date Permit
Number
Address Description Valuation
01/25/2022 B22-000034 145 Limerick Lane Residential Alteration 55000 01/26/2022 B22-000038 330 Valley View Solar PV - Residential 9200 01/26/2022 B22-000039 280 Irish Way Solar PV - Residential 8000 01/26/2022 B22-000036 2411 Price Street Sign - Illuminated 25800 01/26/2022 B22-000037 752 Shamrock Lane Plumbing, Mechanical & Electrical
0 01/26/2022 B22-000040 289 Palisade Avenue Re-roof Residential 4400 01/27/2022 R22-000002 241 Leeward Avenue Revision 0
01/27/2022 R22-000003 1654 Ocean Boulevard Revision 0
01/27/2022 R22-000004 340 Pomeroy Avenue Revision 0
01/27/2022 B22-000041 580 Bay Street Re-roof Residential 9800 01/28/2022 R22-000005 1274 Costa Brava Revision 0
01/28/2022 B22-000042 1020 Cypress Street Commercial Alteration 41767.82 01/31/2022 B22-000044 183 Miramar Lane Plumbing, Mechanical & Electrical
0 Total 48 1034462.82
SPECIAL PROGRAMS AND PROJECTS:
• Weekly Development Review Team Meetings were held, and the pending review report was reviewed to ensure timely return on plan reviews among all divisions in the development process. • Staff met with Citizen Serve to design public portal. • Staff met with 3C-Ren, regarding upcoming energy code programs. • Building home page updated to provide clear information for applicants. • Inspections Performed: 184
PLAN REVIEWS:
• Building: 62
• Planning: 4
• Engineering: 0
9.C-12Council Agenda 2-15-2022
Attachment 3
Packet Page 26
JANUARY 2022 CDD Monthly Report 7
CODE COMPLIANCE
CASE SUMMARY:
Metric Count
New cases 13
Closed cases 22
Site Visits 5
Notices of Violation 5
Administrative Citations 1
NEW CODE COMPLIANCE CASES:
• 2 No Permit Hot Tub
• 2 Sign Violation
• 3 Short-Term Rental
• 1 Unpermitted ADU
• 2 Trailer Inhabitant / No Utilities
• 1 Illegal Structure
• 1 Hoarding
PLANNING DIVISION
PUBLIC INQUIRIES:
• Emails: 1,054
• Calls: 273
CITY COUNCIL AND ADVISORY BOARD MEETINGS:
• City Council: Staff prepared reports for and attended the January 4, 2022, and January 18, 2022, regular meetings. Staff attended the January 25, 2022, special meeting. Staff attended the January 28, 2022, Special Goals Workshop. Staff prepared reports for the February 1,2022, regular meeting. • Planning Commission: Staff prepared for and attended the January 11, 2022, and January 25, 2022, regular meeting. Staff is preparing the Public Hearing Agenda for the February 08, 2022, regular meeting.
• Parking Advisory Committee: The January 26, 2022, regular meeting was cancelled.
9.C-13Council Agenda 2-15-2022
Attachment 3
Packet Page 27
JANUARY 2022 CDD Monthly Report 8
NEW APPLICATIONS:
Project Number Date Received Address Description
P22-000001 01/11/2022 143 Vista Del Mar SFR Addition
P22-000002 01/11/2022 Citywide SB9 Ordinances
P22-000004 01/14/2022 3990 Shell Beach
Rainwater Harvesting
System
P22-000005 01/18/2022 750 Price Street Sign Permit
P22-000006 01/18/2022 261 Reef Court SFR Addition
H22-000001 01/18/2022 376 El Portal Drive
Home Office Interior
Decorating Services
P22-000008 01/19/2022 760 Mattie Road Film Permit
P22-000007 01/26/2022 325 El Portal Drive Minor Modification P22-000003 01/27/2022 144 Peyton Court New SFR
PROJECTS APPROVED:
• Discretionary: 4
• Administrative: 3
• Notice of Intent to Approve: 3
PROJECT ADMINISTRATION:
• Administrative Reviews: 25
• Discretionary Reviews: 22
• Plan Checks: 29
• Site Inspections: 24
9.C-14Council Agenda 2-15-2022
Attachment 3
Packet Page 28
JANUARY 2022 CDD Monthly Report 9
SPECIAL PROJECTS UPDATE/OTHER:
• General Plan/Local Coastal Plan (GP/LCP): Staff reviewed the Administrative Draft Zoning Code, which totals more than 300 pages. The Administrative Draft of the Environmental Impact Report was reviewed, and comments given to the consultant. Staff prepared for and attended the LCPAC meeting at the end of January. The Draft Environmental Impact Report was uploaded to the State Clearinghouse for public review and circulation between February 1, 2022, and March 18, 2022. • California Coastal Commission Round 7 LCP Grant Application: Staff prepared and submitted the CCC Round 7 LCP Grant submittal package in hopes of receiving additional financial assistance to finalize the update to the GP/LCP. The CCC anticipates awarding the 7th round of grants in March 2022. • Public Safety Facility: Staff attended the recurring Public Safety Facility Meeting. Staff prepared for and attended the January 25, 2022, special City Council meeting to discuss the facility. • General Plan Annual Report: Staff has begun working on the General Plan and Housing Element Progress reports that are required to be submitted annually to the state. They will be presented to the Council in March.
• Parking Management Plan: Staff is reviewing proposals from two qualified firms. • Tennis Courts: Staff attended a meeting to continue discussions on relocating the tennis courts on Bello Street.
• Development Review Team Meeting: Staff attended the weekly recurring Development Review Team meeting.
• Rentalscape: Staff coordinated on user-interface improvements with Rentalscape, to improve the monitoring and enforcement of Short-Term Rentals in the City. • Licensed Short Term Rentals: Staff prepared compliance letters for the approved and licensed short- term rentals in an effort to ensure compliance with the City’s primary residency requirements in the City’s Short Term Rental Ordinance.
• Former Alex BBQ: Staff met with the applicant team to discuss design considerations in response to the recommendations from Planning Commission. The applicant will pursue an additional Conceptual Review by Planning Commission to ensure the design considerations and neighborhood concerns are resolved.
9.C-15Council Agenda 2-15-2022
Attachment 3
Packet Page 29
JANUARY 2022 CDD Monthly Report 10
• County Project Referral: Staff met to discuss a County referral for a new single-family residence, secondary unit, and workshop proposed to be accessed from Longview Avenue. Staff prepared a response to the County.
• Planning Commission: Staff met with the new Planning Commissioner in preparation of the January 11, 2022, regular meeting.
• State of the City: Staff attended the State of the City presented by the City Manager. • Pismo Beach Hospitality Association: Staff joined the Tourism and Events Director at the PBHA meeting to discuss recent short-term rental enforcement actions. • Cal Cities: Staff attended the League of California Cities’ Housing, Community, and Economic Development Policy Committee orientation.
9.C-16Council Agenda 2-15-2022
Attachment 3
Packet Page 30
Eddy Moore, Unit Chief
Prepared by: Michelle Pearson, Administrative Assistant Submitted by: Paul Lee, Battalion Chief
Fire Prevention
• 40-Plan reviews (Building/Planning)
• 4-Site visits
• 2-Fire Final
• 1-Emergency responses
• 1-Rough/hydro Inspection
• 4-Citizen concerns
• 2-Business inspection follow-up
• Planning/Building meeting
• Weed abatement complaint
• SLO Fire Safe Grant project/PG&E grant
Administration/Vegetation Management
• Fire staff continues to work with its Fire Engine Vendor to replace the 20-year-old City Engine. We continue to receive the word not only from this vendor but from others to expect a $100,000+- dollar mark up IF an engine is available. We will continue to pursue an engine that will serve the city’s needs for the next 20 years.
• Over the next 8 weeks CAL POLY will be studying North Shell Beach, Cave Landing, Fossil Point and Ontario Ridge to create a Community Wildfire Protection Plan (CWPP). The Forestry Class will study the area and provide recommendations on prevention, education, construction, best practices for recreation and development. At the end of the 8 weeks a written study and presentation will be provided. Limited space for community stakeholders is available to view and participate in the final presentation.
• CAL FIRE and PG&E are looking at the potential to burn Lighthouse #2 a 300+- Arce unit above Avila. This potential burn will help slow a fast move fire coming out of the Irish Hills into Avila and Shell Beach. We have also been contacted by January 2022 Activity Report
9.C-17Council Agenda 2-15-2022
Attachment 4
Packet Page 31
Ranchers behind City Hall to burn a 180+- unit, CAL FIRE will be exploring the potential of that VMP.
• Call volumes for a third week in a role continue to be high and are representative of peak summer loads. The combination of good weather and Covid are driving call volumes to what we normally see in July.
Lifeguards/Junior Lifeguard Program
• Week of January 10th-Fire Captain Pacheco attended a Rescue Boat Technician class. This class will provide him additional advance skills to bring back for The City’s Boat Program. This class will help the Lifeguard Program maintain its USLA Boat Certification and provide the best level of training to our Lifeguard III’s.
• Week of January 24th- a Rescue Water Craft (RWC) Class was hosted by FD that brought lifeguards and Fire Rescue Swimmers together from different agencies. This class taught the basics of both day and night operations of an RWC. This class exceeds the requirements for our USLA Boat Certified Program.
Our lifeguards did an outstanding job representing the City of Pismo Beach.
9.C-18Council Agenda 2-15-2022
Attachment 4
Packet Page 32
January 2022 Stats
Number of Calls % Type of Incident
2 1.49%Debris
109 81.34%Emergency Medical
8 5.97%Fire Alarms
0 0.00%Fire Menace Standby
0 0.00% Flooding
0 0.00%Gas Leak
0 0.00%Other
7 5.22%Public Service Assistance
0 0.00%Smoke Check
0 0.00%Structure Fire
8 5.97%Traffic Collision
0 0.00%Vehicle Fire
0 0.00%Wildfire
134 100.00%
Incidents by City Response Area
Medicals Other % Descriptive Area
11 2 9.70% Palisades A
4 1 3.73% Spyglass B
5 2 5.22%Shell Beach Village C
2 4 4.48%Mattie Rd D
7 0 5.22%Shorecliff E
18 5 17.16% Downtown F
13 3 11.94% Heights G
12 3 11.19%Ventana H
12 2 10.45%Trailer Parks I
12 3 11.19%Five Cities Dr J
13 5 13.43%James Way K
Total 134 100.00%
9.C-19Council Agenda 2-15-2022
Attachment 4
Packet Page 33
MANAGEMENT SERVICES DEPARTMENT
MONTHLY ACTIVITY REPORT
January 2021
MANAGEMENT SERVICES DEPARTMENT
CITY CLERK
ADVISORY BODIES
• Onboarding of new Planning Commissioner.
• Annual recruitment for 12 advisory body vacancies; application deadline January 31, 2022.
CITY COUNCIL
• Setup and logistics for two special workshop meetings.
ELECTIONS & POLITICAL REFORM
• Logistics for launch of electronic campaign statement filing platform. Platform is expected to be live in time for July semi-annual statement deadline.
• Began receiving Annual Form 700s for reporting year 2021. Congratulations to Management Analyst Erin Olsen, the first person to file, and the Police Department, the first department to file all of it statements. Statements are due April 1, 2022. • Met with representatives from the County Clerk-Recorder’s Office re: polling site logistics for 2022 elections.
• Received and filed semi-annual Form 460 campaign statements, due January 31, 2022.
RECORDS MANAGEMENT
• Ongoing coordination with the City’s claims handlers and counsel to provide relevant records. • Ongoing review of numerous records requests.
CPRA REQUESTS COMPLETED
• Anspaugh, 880 Taft Street Building Permits
• Beltran-Franey, Silver Shoals CC&Rs
• Brain, Dinosaur and Price Restroom Concrete
• Browder, 152 Baker permit records
• Carmen, 2 Paseo Ladera Building Permits
• Copsey, Permits for 665 Vista Pacifica
• Coronel, Storm Drain Project records
• Elizondo, Corporation Yard Maintenance Building Remodel • Kenney, Bello Street Bridge Contractor
• Lankford, Address Points, Zoning, Zip Codes
• Lorance, Building Permit at 860 Wadsworth
• Main, 235 Encanto Height Certification
• Martin, Police Officer Oaths of Office
• McDermott, Short Term Rental Email
9.C-20Council Agenda 2-15-2022
Attachment 5
Packet Page 34
• Parker, Records on 2757 Shell Beach Road
• Political Firm of CA, Police Compensation & Benefits
• Ramirez, Copy of Police Report
• Spineto, Price Street Demolition Permit
HUMAN RESOURCES
• Recruitment:
o Part-Time Maintenance Worker – Open
o Facility Attendant – Open
• Interviews:
o PT Recreation coordinator – in process
o PT Community Service Tech
o Wastewater Operator – Final Interviews 1/18/22
o PT Office Assistant (Rec) – 1/19/22
• Backgrounds:
o PT Caretaker (Chapman)
o 2 Entry-Level Dispatchers
o 1 Police Laterals
o 1 Police Records Technician
o PT Recreation Coordinator
• Offer:
o Public Safety Dispatcher (2)
o Lateral Police Officer (1)
o Community Service Technician CDD
o Public Records Technician
• New Employee Orientation
o Police Officer
o 2 Dispatchers
o PT Community Service Tech (CDD)
TRAINING AND STAFF DEVELOPMENT
• Assistant City Manager participating in a CalPERS webinar on the coordination of benefit with Social Security payment for retirees.
• City Manager presented a “State of the City” update to staff, discussing Council Goals, Capital Improvements Projects, the Budget, and more.
LEGISLATIVE AFFAIRS
• The City completed a comment letter on the Chumash National Marine Sanctuary in conformance with the City’s legislative platform.
9.C-21Council Agenda 2-15-2022
Attachment 5
Packet Page 35
PUBLIC OUTREACH / PUBLIC INFORMATION
• Sent enhanced communication efforts for the Advisory Body recruitments. This includes a postcard mailer to the entire community and a special video distributed to our Social Media and Channel 20 audiences.
SOCIAL MEDIA
• New Postings:
o Share PSA from the County on emergency management website and resources. o Advisory Body Recruitment video released, and postcard notifications will be mailed to the entire city. They should arrive in mailboxes next week.
RISK MANAGEMENT
LIABILITY CLAIMS RECEIVED
• Beard, Slide Claim
• Bravo, Slide Claim
• Gutierrez, Slide Claim
SAFETY PROGRAM
• The Safety Steering Committee met to review workers compensation and general liability claims. Departments submitted their worksite inspections and quarterly safety forms. The Assistant City Manager reviewed the latest COVID protocols with department representatives.
OTHER
• Staff continues to monitor and provide departments with direction on handling of COVID-19 exposures and confirmed cases impacting our employees. The return of children to schools next weeks will be closely monitored as it has the potential to impact employees through infection, or to have to care for a family member. Contingency plans have been developed for various worksites to ensure the community continues to receive service. • The City’s 457 representative for employee deferred compensation held meetings with employees to review their contributions and investments. We have a new representative, so this was also an opportunity to get to know him and introduce him to our staff.
9.C-22Council Agenda 2-15-2022
Attachment 5
Packet Page 36
Pismo Beach Police Department
1000 Bello Street, Pismo Beach, CA 93449
(805) 773-2208
www.pismobeach.org/police
Monthly Activity & Crime Statistics Report
January 2022
Date Posted_________
Submitted: 2/7/2022 9.C-23Council Agenda 2-15-2022
Attachment 6
Packet Page 37
PISMO BEACH POLICE DEPARTMENT
JANUARY 2022
MONTHLY ACTIVITY AND CRIME STATISTICS
Table of Contents
Activity Report
Office of the Chief…………………………………………………………………….… 1
Training Report…………………………………………………………………………. 1
Volunteers Summary…………………………………….…………………………….. 1
Overtime & Salary………………………………………………………………………. 2
Investigations Statistics
Routine Investigations………………………………………………………………….. 3
Investigation Management…………………………………………………………….. 3
Property & Evidence……………………………………………………………………. 3
Compliance & Permits………………………………………………………………….. 3
Special Operations……………………………………………………………………… 4
Crime Statistics
Workload Trends & Crime Statistics………………………………………………….. 5 Arrests, Citations, & Traffic Activity…………………………………………………… 6 Heatmap & Activity Analysis…………………………………………………………… 7
9.C-24Council Agenda 2-15-2022
Attachment 6
Packet Page 38
PISMO BEACH POLICE DEPARTMENT
JANUARY 2022
MONTHLY ACTIVITY AND CRIME STATISTICS
OFFICE OF THE CHIEF
1. Progress was made during the month of January on consolidating the Computer Aided Dispatch (CAD) Systems for Grover Beach Police and Pismo Beach Police. Once complete, this will provide dispatchers the opportunity to create, update and view service calls from both cities at the same console. Having both city CADs combined allows dispatch to provide quicker and more efficient service.
2. On January 3, 2022, Jason Stingley was hired as a lateral Police Officer and took the Oath of Office. As a veteran with Hanford Police, Jason brings extensive training and expertise to the field and is a welcome addition to the Department.
3. On January 3, 2022, Dispatch welcomed two new team members, Corena Mena and Brett Garcia as entry-level employees. Both individuals are excited and motivated in their positions and have promising futures with the Department.
MONTHLY TRAINING REPORT
POLICE VOLUNTEERS SUMMARY
Volunteers were active in court runs, records, parking and property / laboratory deliveries.
Volunteer Service Hours
Patrol 4.25
Special Events 0.00
Administrative 68.25
Call-Outs 0.00
Training/Misc. 12.50
Total Hours 85.00
Type of Training Attending Personnel Hours
SWAT Monthly Training 2 Officers 22
K9 Training 1 Officer 12
Lexipol Daily Training Bulletins 18 Sworn, 7 Non-Sworn 37.5 Sexual Assault School 1 Officer 40
Drager Operator 2 Officers 8
CWS SCAR Reporting 18 Sworn 9
POST Management Course 1 Commander 40
Total Hours 168.50 hrs
9.C-25Council Agenda 2-15-2022
Attachment 6
Packet Page 39
PISMO BEACH POLICE DEPARTMENT
JANUARY 2022
MONTHLY ACTIVITY AND CRIME STATISTICS
OVERTIME & SALARY
Total Overtime Budgeted FY 21/22 $372,877.00
Total Overtime Spent YTD $259,413.78
Percentage Overtime Spent YTD 70%
Total Salary Budgeted FY 21/22 $3,415,776.28
Total Salary Spent YTD $1,821,155.28
Percentage Salary Spent YTD 53%
9.C-26Council Agenda 2-15-2022
Attachment 6
Packet Page 40
PISMO BEACH POLICE DEPARTMENT
JANUARY 2022
MONTHLY ACTIVITY AND CRIME STATISTICS
INVESTIGATIONS STATISTICS
Routine Investigations
Arrests 3
Total Cases Worked 14
- Property Crimes 8
- Person Crimes 1
- Sex Crimes 1
- Other Criminal 3
- Other Non-Criminal 1
Supplemental Reports Completed 11
- Closed Cases – Misdemeanor 5
- Closed Cases – Felony 3
- Cases Filed with DA – Misdemeanor 0
- Cases Filed with DA – Felony 1
- Informational only 2
Investigation Management
Cases Assigned – Current 22
Cases Reviewed 51
Missing Person Cases Reviewed 2
Property and Evidence
New Property Cases 5
Property Purged 479
Physical Property Booked 281
Digital Property Booked 307
Property Auction 82
Evidence Processed 3
Fingerprint Submitted 3
Compliance and Permits
Annual PC 290 Registration Renewals 0
CCW Background Investigations 0
H&S 11590 Registration 0
PC 451.7 Arson Registration 0
Massage Establishment/Practitioner Permits 0
9.C-27Council Agenda 2-15-2022
Attachment 6
Packet Page 41
PISMO BEACH POLICE DEPARTMENT
JANUARY 2022
MONTHLY ACTIVITY AND CRIME STATISTICS
Special Operations
Massage Sting Operation 0
- Arrests 0
290 PC Compliance 0
Alcohol Sting Operation 0
- Arrests 0
Tobacco Sting Operations 0
Prostitution Sting Operations 0
Warrants Authored 0
Warrants Served 0
9.C-28Council Agenda 2-15-2022
Attachment 6
Packet Page 42
WORKLOAD Jan 2022 Jan 2021 Dec 2021 Variant % Change YTD 2022 YTD 2021 Variant % Change Calls For Service 2,212 2,269 2,109 103 4.9%2,212 2,269 -57 -3% Community-Generated Calls 1,437 1,229 1,322 115 9%1,437 1,229 208 17% Self-Initiated Activities 775 1,040 787 -12 -2%775 1,040 -265 -25% Incident Reports 215 234 182 33 18%215 234 -19 -8%
9-1-1 Calls 756 553 662 94 14%756 553 203 37%
Arrests 131 131 112 19 17%131 131 0 0%
Citations & Warnings 211 263 194 17 9%211 263 -52 -20%
Parking Citations 0 0 1,114 -1,114 -100%0 0 0 0%
Total Workload 3,525 3,450 4,373 -848 -19%3,525 3,450 75 2% PART 1 CRIMES
Arson 0 0 0 0 0%0 0 0 0%
Assault (Aggravated)3 3 0 3 300%3 3 0 0%
Auto Theft 1 3 1 0 0%1 3 -2 -67%
Burglary 2 3 3 -1 -33%2 3 -1 -33%
Homicide 0 0 0 0 0%0 0 0 0%
Larceny 17 24 24 -7 -29%17 24 -7 -29%
Rape 0 0 0 0 0%0 0 0 0%
Robbery 0 0 1 -1 -100%0 0 0 0%
Total Pt 1 Crimes 23 33 29 -6 -21%23 33 -10 -30%
0 0%0%
PART 2 CRIMES
Assault (Simple)4 5 6 -2 -33%4 5 -1 -20%
Disorderly Conduct 10 9 8 2 25%10 9 1 11%
DUI 9 8 16 -7 -44%9 8 1 13%
Embezzlement 0 0 0 0 0%0 0 0 0%
Forgery 1 0 0 1 100%1 0 1 100%
Fraud 2 4 3 -1 -33%2 4 -2 -50%
Liquor Laws 0 0 0 0 0%0 0 0 0%
Narcotics Offenses 37 33 26 11 42%37 33 4 12%
Sex Offense 2 0 0 2 200%2 0 2 200%
Stolen Property 0 0 0 0 0%0 0 0 0%
Vandalism 4 7 6 -2 -33%4 7 -3 -43%
Warrant Arrest 43 32 41 2 5%43 32 11 34%
Weapons 3 5 3 0 0%3 5 -2 -40%
Total Pt 2 Crimes 115 103 109 6 6%115 103 12 12%
JANUARY 2022
PISMO BEACH POLICE DEPARTMENT
MONTHLY ACTIVITY AND CRIME STATISTICS
1238 1237
1431 1510 1433 1477
1796
1548 1527 1424 1411 1322 1437
1031 891
1329 1246
1062
910
1107 1018 1019 926 931 787 775
228 249 297 254 262 223 278 254 256 221 192 182 215
Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 WORKLOAD TREND Community-Generated Calls Self-Initiated Activities Incident Reports
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ARRESTS Jan 2022 Jan 2021 Dec 2021 Variant % Change YTD 2022 YTD 2021 Variant % Change Adult 131 130 111 20 18%131 130 1 1%
Juvenile 0 1 2 -2 -100%0 1 -1 -100%
Total Arrests 131 131 113 18 16%131 131 0 0%
0%
CITATIONS 0%
Traffic Violation Citations 81 137 70 11 16%81 137 -56 -41% Infraction 61 89 50 11 22%61 89 -28 -31%
Hazardous 0 0 0 0 0%0 0 0 0%
Misdemeanor 20 48 19 1 5%20 48 -28 -58%
Felony 0 0 1 -1 -100%0 0 0 0%
All Other Citations 104 106 122 -18 -15%104 106 -2 -2%
Warnings 26 20 17 9 53%26 20 6 30%
Parking Citations 1,114 -1,114 -100%0 0%
Total Citations 211 263 1,323 -1,112 -84%211 263 -52 -20% TRAFFIC ACTIVITY 0%
Traffic Stops 312 451 342 -30 -9%312 451 -139 -31%
Traffic Accidents 9 9 7 2 29%9 9 0 0%
DUI 2 0 2 0 0%5 0 5 500%
Hit & Run 1 3 1 0 0%1 3 -2 -67%
Injury 3 1 1 2 200%3 1 2 200%
Property Damage Only 6 8 6 0 0%6 8 -2 -25%
0 0 0 0 0
0 0
0 4
0 2
1 4
MONTHLY ACTIVITY AND CRIME STATISTICS
JANUARY 2022
PISMO BEACH POLICE DEPARTMENT
477
342
312
194
109
137
72 48
41 NOV
DEC
JAN
3 MONTH TRAFFIC STOPS ACTIVITY
Led to Arrest
Led to Citation
Vehicle Stops
34%
11%
22%
22%
11%
MONTHLY TRAFFIC COLLISION
CAUSES
Failed to Yield
Unsafe Speed
Unsafe Turn
DUI
Unsafe Start/Back
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JULY 2019
Jun 2019 Jul 2019
66%of reported actvity occurred between the hours of 7:00 a.m. and 6:59p.m. 34%of reported activity occurred between the hours of 7:00 p.m. and 6:59 a.m. 30%of reported activity occurred on the weekend.
PISMO BEACH POLICE DEPARTMENT
JANUARY 2022
MONTHLY ACTIVITY AND CRIME STATISTICS
Monthly Activity Analysis
Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8 Zone 9 Zone 10 Zone 11 Zone 12 Zone 13 (OUT)
Percent 0.5%6.0%0.0%4.7%16.3%19.5%33.0%7.9%2.3%1.4%0.9%3.7%3.7% 1 13
0 10
35 42
71 17
5 3 2
8 8
Case Reports Per Zone
Sun
13%
Mon
18%
Tues
15%Wed
14%
Thurs
11%
Fri
12%
Sat
17%
ACTIVITY BY DAY OF WEEK
Days
66%
Nights
34%
ACTIVITY BY SHIFT
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PUBLIC WORKS AND ENGINEERING DEPARTMENT
JANUARY 2022 ACTIVITY REPORT
CAPITAL IMPROVEMENT PROJECTS
Shell Beach Reservoir 1 Replacement
• Contractor drying out saturated subgrade soils and preparing for steel tank pad installation.
• Installing new OHSA safety upgrades to ladder, railing, and fall protection at Charles Street Reservoir.
Safety Center
• Surveyor currently performing 3d modeling of exterior and interior of existing building. • Reviewing recommendations in the Geotechnical report.
Pier Ave Stairs Closure
• Consultant has been selected and the contract executed. • Consultant preparing to begin work on alternatives analysis.
Toucan Terrace Sewer Pipeline Trestle Bridge
• Received Proposals for Technical and Professional Services for recoating the Trestle support bridge.
• Contract with selected consultant in process.
Dolphin Bay Public Storm Drain Repair
• Received Proposals for Professional Services for bid ready plans and specifications for repair of the storm drain over the bluff.
• Consultant selected and contract executed.
Palisade and Chumash Park Playgrounds
• Issued request for proposal seeking an engineering consultant to provide ADA access and ADA complaint site for new playground equipment layout, due Thursday, January 27th at 2:00 pm.
• One proposal received, staff reviewing.
Central Coast Blue
• Fourth quarter progress report for Prop 1 planning grant prepared.
Bello Street Bridge
• Notice to Proceed for revegetation beginning January 10, 2022, contractor working to order plants and provide substitutions for plants that are not available. • Estimated completion late February 2022, revegetation will be ongoing.
Price Canyon Road Slope Repair
• Anticipated completion in February 2022.
Ocean Blvd Improvements
• Contracts for construction and CM approved by Council on December 21, 2021. • Caltrans A&I for approved the consultant contract.
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• All contracts have been executed.
• Beginning discussions with contractor, Granite for scheduling pre-con and beginning submittals, etc. anticipated start March 2022
Dinosaur Caves/Price Historic Park Restroom
• Entrance sign installed at Price Historical Park.
• Estimated completion mid-February 2022.
Storm Drain Improvement Project – Reef Court, Encanto and Windward • All Storm Drain Infrastructure has been installed on Windward Ave. • The design team and contractor are working on a change order for the outfall pipe at Encanto due to further damage that needs to be addressed with the project. • Contractor mobilized to Reef Court on Tuesday, January 18, 2022. • Paving on Reef Court completed, lowering valves on Windward in preparation for paving.
• Mobilized equipment to Encanto, waiting on outfall pipe to be delivered.
Corp Yard Remodel/Addition and City Hall Improvements
• City hall estimated completion by mid-February 2022 based on cabinets pushing out a week.
• Corp yard estimated completion in April 2022.
Park Signs
• New direction has been given from the Facilities Division, with a more simple design.
Renderings are in progress.
Paving Project
• No change since last report.
Chapman Estate Improvements
• Roofing garage week of January 10, 2022.
• Estimated completion in February 2022, if no weather delays.
PUBLIC WORKS OPERATIONS
Utilities Division
• Normal operations.
Public Facilities Division
• Removed Christmas tree and decorations.
• Pothole patching.
• Installed benches on James Way.
• Painted public restroom.
• Repaired bollards on bluff washout at Memory Park.
• Graffiti cleanup.
ENGINEERING ACTIVITIES
Development Review/Permits
• Tract 3100 – Minor on-going punch list items.
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Stormwater
• Ongoing erosion control inspections throughout the rainy season.
OTHER ACTIVITIES
During the month of January project development review, staff performed 20 plan checks.
Engineering staff issued 6 encroachment permits, renewed 6 COVID support dining permits and performed 32 field inspections during the month.
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March: N/A
YTD: N/A
VIC Walk-In Count: N/A
Daily Average: N/A
International visitors:
N/A
Inquiries/Comments
N/A
• Sent Visitors Guide to California, Washington, Pennsylvania, Missouri and Texas. • Answered questions about weddings, events, dog parks, wineries and Monarch Butterfly Grove. • Received leads from Visit California, added them to our newsletter and sent out Visitors Guides. • Approved proof for updated Visitors Guide.
• Emailed local artists for Clam painting idea submissions. • Processed payment for completion of Clam Island, Visitor Center and Pismo Coast Village Clam paintings.
• Follow up with Wilkins Action Graphics for Tide Books for 2022. • Sent list of CVB/LBID Board Meeting and SEC Meeting dates to Leah. • Safety inspection for VIC and CVB office.
• Contacted Andy McKay from the Pismo Beach Open to finalize all pending items for permitting. • Working with PBHA, Council and Ampsurf on Pismo Beach WPSC sponsorship. • Working with TJA on WSL Pismo Beach Open marketing and resident focused marketing cam- paign.
• Created Chapman Estate Private Event/Programs spreadsheet. • Updated upcoming events for 2022 on website.
• CVB/LBID Board Meeting prep.
• Set up billing for Pismo Beach website domains.
• Worked with VIC staff to create an Experience Pismo Beach Visitor Checklist. • Approved final proof for Visitors Guide.
• Working with Just Cruzin Productions to secure insurance for Car Show. • Worked with the City Clerk to update website and redesign Special Events page. • Added Official Payments to city website and updated Chapman Estate Open Gates information. • Met with Brian and Krystal Appiano from Sunsets to discuss catering for July 4th Celebration. • Delivered water conservation cards to all hotel properties and vacation rental companies in Pismo Beach.
• Checked in with WSL event to see final set up and observe event. • Processed invoices and completed any outstanding invoices/receipts in LF. • Sent Chapman Estate private event information to Mark Johnson. • Delivered Visitors Guides to California Welcome Center. • Working with CAL FIRE to secure lifeguards for Pismo Beach Open. • Updated SEC and Wedding Applications for 2022.
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PLATFORM TOTAL FANS/
VIEWS
NEW THIS
MO.
Facebook 201,953 -103
Twitter 6,168 11
Instagram 63,746 0
YouTube 1,752 351
E-Newsletter 63,673 0
ExperiencePismoBeach.com THIS MONTH YEAR TO DATE
Total Sessions 78,047 553,848
Average Daily
Visitors
2,517 2,576
All Lodging Referrals 2,974 25,983
Jack Rabbit Referrals 1,032 9,000
• Department Head Meeting • City Council Meeting • Agenda Review Meeting • Business and Lodging Partners Call • Visit SLO CAL Marketing Committee Meeting • SCCC Pismo Beach Business Meeting • Chapman Estate Foundation Board Meeting • Safety Meeting • PBHA Meeting • SCCC Breakfast Event • State of Pismo • CVB/LBID Advisory Meeting • PSF Presentation Meeting • Public Safety Center Council Meeting • Goal Setting City Council • SEC Meeting • https://www.escalontimes.com/sports/why-are-clams-becoming-unburied-pismo-beach/ • https://dailynewshungary.com/amazing-beach-destinations-that-make-for-wonderful-weddings/ • https://www.dailybreeze.com/2022/01/05/native-milkweed-draws-monarch-butterflies-to-hermosa-beach/ • https://www.noozhawk.com/article/out-doors_qa_why_are_clams_becoming_unburied_at_pismo_beach • https://www.bournemouthecho.co.uk/news/19818555.bournemouth-amputee-places-fifth-world-surf-championship/ • https://www.latimes.com/travel/newsletter/2021-12-30/central-coast-califronia-travel-animal-road-trip-escapes • https://www.latimes.com/travel/newsletter/2021-12-30/central-coast-califronia-travel-animal-road-trip-escapes • https://www.nhm.ac.uk/discover/news/2021/december/conservation-success-stories-2021.html • https://www.natureworldnews.com/articles/48711/20211228/butterfly-migration-revealed-how-much-the-monarch-population-grew-since-last-year.htm • https://www.natureworldnews.com/articles/48811/20220106/scientists-discovered-california-mice-preying-monarch-butterflies.htm • https://www.sanluisobispo.com/article257111647.html
• https://www.mercurynews.com/2022/01/10/6-top-spots-to-see-butterflies-in-the-u-s/ • https://pasoroblesdailynews.com/winter-is-monarch-butterfly-season-on-the-central-coast/137179/ • https://www.oakdaleleader.com/sports/why-are-clams-becoming-unburied-pismo-beach/ • https://www.latimes.com/california/newsletter/2022-01-13/mice-eat-monarch-butterflies-pismo-beach-essential-california • https://www.kqed.org/news/11901374/how-you-can-help-save-the-monarch-butterfly-and-other-pollinators • https://www.insidethegames.biz/index.php/
Highlights:
• Received SEC permit applications for Chamber
Farmers Market, NCS Baseball Youth Tourna-
ments, B. Fit Fam,Looker/Duke Wedding, Surf-
ing for Hope, and two weddings.
• Contacted SEC applicants from December to
notify them of their status and begin working on
collecting pending items for permitting.
• Sent out 2022 SEC permit application to event
organizers to notify them that we are now ac-
cepting applications for this year’s events and
to encourage them to begin submitting them in
a timely manner.
• Met with SLO Wine Collective at Dinosaur
Caves Park to discuss event layout and SEC
details.
• Issued SEC permit for SLO CAL Open at Pis-
mo Beach.
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ACTIVITY GUIDE
• Recreation continues to update the website and Active (registration software program) as it relates to programming.
RECREATION PROGRAMS
• Winter/Spring adult programs began the second week of January, programming for both outdoor and in- door classes include Art, Yoga, Tae Kwon Do, Qi Gong, Beginning watercolor, Drum Perks, Judo and Latin/ Ballroom Dance.
• Youth Camps for Jan. 3rd -7th included art, volleyball and tennis. Staff corresponded with instructors throughout the week regarding progress. All camps were FULL prior to the holiday break. • Recreation continues preparing for Winter/Spring programs. • Pismo Beach Volleyball Club began a drop-in program for youth in January on Saturdays. • Continue to register participants over the phone/answer questions relating to upcoming camps/classes. • Instructor payment/invoices/weekly cash reconciliation completed. • Created and translated flyers for upcoming classes, flyers uploaded on Peachjar (school district website).
SPECIAL EVENTS
• Recreation is preparing for the upcoming Father Daughter Dance. Recreation rescheduled the Feb. 5th dance to March 19th due to increase in Covid cases. Recreation called/emailed and transferred all 95 partici- pants registered to the March 19th event. Recreation has secured the vendors but continues to work on décor for this event. New flyer was created, translated and posted on Peachjar. • Recreation is preparing for the Senior Dance, it’s currently scheduled for Feb. 14th. • Recreation’s continues to prepare for upcoming spring special events, which include concerts, Easter Egg- stravaganza, etc. and securing bands, vendors, volunteers, etc.
FACILITIES
• Park/Hall rentals, staff continues to book park rentals. Hall rentals have been put on-hold due to facility attendant vacancy.
• The Facility Coordinator position remains vacant. Recreation staff is filling in and currently taking in all park rental applications and additionally answering any questions relating to hall/park rentals. It’s the busy season for rentals, as customers are hoping to book for venues in the Spring/Summer. • Twelve Park rental applications were received in January, the Facility Coordinator position remains vacant.
The parks had five bookings for January and three cancellations. • Basin Street Regular held their monthly gathering at the PBVH. There were four other reservations on the books, these events were rescheduled for Spring due to increase in Covid cases. • Adopt-a-bench inquires continue, currently the only benches available are along Shell Beach Road Streetscape and the pier picnic tables. Two picnic tables were adopted in January.
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PRBC – Public Art Projects
• Staff completed agenda and reports for the upcoming PRBC meeting, scheduled for February 3 rd, 2022. • The artists for St. Jude’s Tunnel , AC Vintage completed the redesign which will be on the agenda for the Feb. 3 rd PRBC meeting. If new design is approved, PRBC will recommend for this project to proceed to City Council for recom- mendation of final approval. Staff continues to correspond with South Paw regarding the installation date for the lighting; parts have been ordered, however there may be delays due to supply distribution. • The ad-hoc committee and staff drafted the language and designed the interpretive panels for the Bello Street Bridge public art project. Staff completed the City Council Report for this public art project. The project consists of inter- pretive panels depicting a watercolor rendition of the old bridge and important historical information relating to the old bridge. This item is expected to be on the February 1st City Council agenda.
CIP PROJECTS
• The Pismo Beach Veterans’ Hall stage curtains were installed, and Flynn’s painting did some repairs after installation. • The RFP for playground designs and equipment for Chumash and Palisades Park concluded on Jan. 21 st, 2022. Staff continued to respond to inquiries relating to the RFP. Eight companies submitted proposals, the ad -hoc committee had a meeting to select the top two designs. Another meeting followed with the two playground representatives, where the design detail was further discussed. Additionally, designs from both of these companies will be presented to PRBC so they will have opportunity to provide input. The next step is to select one company to proceed and make minor modifi- cations/adjustments as recommended by PRBC. PRBC will approve final design and make a recommendation to proceed to City Council for final approval. Additionally, the RFP for construction documents concluded, one company submitted a proposal. The last phase of this project will be the bid for installation.
VOLLEYBALL COURTS
• Volleyball courts have been busy both with the public and on -going rentals. The volleyball courts were busy due to the warm weather, rentals included one tournament on Jan. 28, 2022. • In January, the local high schools began utilizing the courts, in addition to the Pismo Beach Volleyball Club.
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.D
SUBJECT/TITLE:
TERMINATION OF THE AUGUST 11, 2021 EMERGENCY PROCLAMATION; UPDATE ON MARCH 16, 2020 AND JANUARY 12, 2017 EMERGENCY PROCLAMATIONS
RECOMMENDATION:
1. Adopt a Resolution:
1. Terminating the local emergency confirmed by City Council on August 12, 2021, and rescinding R-2021-070; and
2. Ratifying expenditures in the amount of $69,849.67 and $327,405.63 to Pacific Petroleum and R. Baker, Inc., respectively; and
3. Appropriating related budget adjustments in fiscal year 2022.
2. Receive a report on the remaining active emergency proclamations.
BACKGROUND:
Chapter 2.32 of the Pismo Beach Municipal Code empowers the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by an emergency and the City Council is not in session. An emergency exists when conditions are beyond the control of the services, personnel, equipment, facilities, and existing laws of this City. The declaration is an acknowledgement of the need for additional resources and expedited procedures to deal with the emergency. The Director of Emergency Service’s declaration is subject to City Council ratification within seven days.
As required by the Emergency Declarations ratified by Resolution R-2021-070 on August 12, 2021, relating to a sewer spill, Resolution R-2020-026 on March 17, 2020, relating to the COVID-19 health threat, and by Resolution R-2017-012 on January 17, 2017, relating to winter storm damage, the following status report is provided for information purposes.
August 11, 2021 Proclamation: Sewer Spill
During the evening of August 10, 2021, damage to a primary sewer collection and transmission line in the vicinity of 98 South Dolliver Street was discovered. Staff took immediate cleanup and protective measures to maintain the City’s sewer system and prevent any environmental damage. On August 11, 2021, the Director of Emergency Services issued a Proclamation of Local Emergency for the spill, and on August 12, 2021, the Council convened a special meeting and adopted Resolution R-2021-070 ratifying the Director’s proclamation.
Exploratory potholing was performed to determine the location and extent of the damage to the sewer line. It was determined the section of damaged pipe was past the point of repair, and the best course of action would be to install a new pipe that runs under the creek, bypassing the damaged portion of the line. Staff worked to locate a contractor and obtain the necessary materials to perform the work. The horizontal directional drilling under the creek to install the new sewer pipe is complete and the new sewer line was put Council Agenda 2-15-2022 9.D-1
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into service on September 9, 2021. Now that the project is complete, staff recommends the Council adopt the proposed Resolution (Attachment 1) terminating the local emergency and rescinding R-2021-070. Additional detail about termination of the emergency is provided in the Fiscal Impact section, below.
March 17, 2020 Proclamation: COVID-19
A severe acute respiratory illness caused by a novel (new) coronavirus, known as COVID- 19, has spread globally and rapidly, resulting in illness and death around the world. The World Health Organization has described COVID-19 as a global pandemic. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the increased spread of COVID-19. Additionally, on March 13, 2020, the County of San Luis Obispo declared a countywide emergency. And on March 13, 2020, the President of the United States declared a federal emergency as a result of COVID-19.
The City Manager, acting as the Director of Emergency Services, proclaimed the existence of a local emergency on March 16, 2020, which declaration was ratified by Council Resolution R-2020-0261 on March 17, 2020. The Council further proclaimed that a local emergency existed as of the date of the Governor’s March 4, 2020 declaration of emergency, and that the local emergency continued to exist. The City also partially activated its Emergency Operations Center on March 16, 2020 and the EOC team has met periodically to address the changing conditions presented by the various emergency declarations and other state and county health guidance.
Actions taken to date with respect to COVID-19 response have included the continued procurement of sanitation supplies, the temporary closure of City Hall and other City facilities to the public, additional software licensing to increase public access to the City’s online records, and the development of virtual meeting models to allow the City Council, staff, the business community, and residents to participate remotely in critical meetings.
The City ordered Pismo Beach-branded bandanas to be used as face coverings, and provided them to lodging properties and other businesses for distribution to customers.
As a result of seasonal crowds, staff ordered and posted signage promoting keeping physical distance. The City has allowed the use of the right-of-way for queuing of customers, and developed a pilot Temporary Outdoor Dining Area Certification (TODAC) program allowing businesses to place tables for their customers in approved outdoor areas such as parking lots. The City Council has also authorized the use of certain street rights-of-way for temporary outdoor dining as part of the City’s COVID-19 Support Dining Encroachment Permit program.
During the initial closure of City facilities, the City adopted work-from-home policies and procedures to allow “essential” staff to continue their work and offer many public services virtually. At a special meeting of the City Council held on December 11, 2020, the Council authorized the Mayor to support a regional initiative for the counties of San Luis Obispo, Santa Barbara, and Ventura to be considered separately from the “Southern California” region for purposes of state COVID-19 metrics that dictate which counties are able to “re-
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open,” as the rates of infection and ICU occupation remain much lower in the tri-county area than the remainder of the counties currently considered to be part of the “Southern California” region. A joint Mayors’ letter asking for the state’s consideration of this request was transmitted the week of December 14, 2020. At this same meeting, the Council affirmed its support for this City’s continued enforcement of what were then known as state “purple tier” health and safety restrictions.
On May 19, 2020, the Council adopted Urgency Ordinance O-2020-004 which implemented a requirement that employees of any business open to the public wear face coverings when unable to maintain adequate physical distance from customers, as well as a requirement that each such business post signage encouraging patrons to wear masks, and providing information about CDC recommendations relating to hand washing and other topics. This Ordinance became effective on May 20, 2020. Staff delivered direct messaging to the business community using contact information provided in business licensing records. On June 15, 2021, following the relaxing of state health directives relating to the virus, the City Council adopted Urgency Ordinance O-2021-002 which repealed the City’s local face covering mandates.
The City continues to provide messaging to the community encouraging the public to pursue vaccination, and has ensured that City Council Members and staff members are enrolled in vaccination opportunities as appropriate. On April 27, 2021, it was announced that San Luis Obispo County would be moved to what was then known as the state’s “orange” tier of state-mandated health and safety restrictions, effective April 28, 2021, enabling the transition to certain activities, such as limited indoor gatherings of individuals, with certain restrictions. As such, staff implemented a hybrid model for City Council and Planning Commission meetings, where a majority of legislative body members and some staff are present in person, and some legislative body members, some staff, and all members of the public are present virtually.
In late May, the State of California announced the planned repeal of most temporary health and safety restrictions relating to COVID-19 on June 15, 2021. In anticipation of a grace period allowing local jurisdictions to return to pre-pandemic practices shortly after the emergency orders are lifted, staff prepared logistically for the full return of the public in-person access to City Hall, other City facilities, and City Council Meetings. At the time of the update presented on August 17, 2021, nearly all City staff had returned to the office full-time, and CalOSHA guidance relating to the use of face coverings in the workplace had been implemented.
As of the date of the last report, staff noted that the City was monitoring concerns relating to the delta variant of the coronavirus, and that the full return to in-person legislative meetings had yet to be implemented. In accordance with face covering guidance issued by the County Health Officer effective September 1, 2021, the City has issued a directive requiring its employees to return to the use of face masks indoors and in vehicles when in proximity to other employees, as well as requiring visitors to wear masks inside City facilities.
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As of the date of this report, the omicron variant is an additional, prevalent concern. The California Governor has indicated intent to end the state’s indoor mask mandate for vaccinated people on February 15, 2022, and staff will continue to monitor state and county regulatory changes and formulate appropriate adaptations to City operations.
January 17, 2017 Proclamation: Winter Storms
Summary of Current Events
The storm drain failure at Cliff Avenue and Ocean Boulevard required a Phase II Environmental Study per Caltrans Local Assistance (LA) and the City’s environmental subconsultant. The Phase II Environmental Study fieldwork is complete and the results are being reviewed by Caltrans LA for approval and National Environmental Policy Act (NEPA) clearance. Staff submitted a time extension request to Caltrans LA in mid-August 2021, and is still waiting to hear if it is approved.
Contracts were awarded by Council on December 21, 2021 to Granite Construction, Inc. (Granite) and Cannon Associates (Cannon) for construction and construction management services for the Ocean Boulevard Improvement Project, respectively. A pre- construction meeting for the project was held the week of February 7, 2022, and submittals are coming in from Granite and being reviewed by staff and Cannon.
Construction is anticipated to start March 2022.
Construction for the Price Canyon Road Slope Repair project is complete and 3-month plant establishment period has begun, which is estimated to be complete in April 2022.
Staff solicited and received three proposals for Professional Services for bid-ready plans and specifications for repair of the storm drain over the bluff behind the Dolphin Bay Resort. A consultant has been selected and contract executed, within staff’s purchasing authority.
Summary of Past Events
The Pismo Beach City Council declared a state of emergency on January 12, 2017, via Resolution R-2017-0122, in response to the January 2017 winter storms. Shortly after the Council’s declaration, the County of San Luis Obispo declared an emergency which was followed by a declaration by Governor Jerry Brown for the region. On February 14, 2020 and March 16, 2020 President Donald Trump declared a major disaster for the early and late January storms, making federal disaster aid available. The storms, which began the first week of January, took a toll on the community, culminating with a Caltrans storm drain failure on Highway 101, which caused flooding of two hotels on Price Street, blockage of the City’s Franklin storm drain outfall and debris scattered along Highway 101, Price Street and sidewalk, on Franklin Drive and various private parcels on January 20, 2017. Damage from the storms includes but is not limited to the following:
Bluff failure on Ocean Boulevard (Caltrans purview)
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Bluff failure at Memory Park (FEMA purview)
Franklin Avenue storm drain failure (FEMA purview)
City Hall storm damage (FEMA purview)
Bluff failure at Ebb Tide Park (FEMA purview)
Bluff failure at Cypress Street at Harloe Avenue (FEMA purview) Storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort (FEMA purview)
Storm drain failure on Cliff Avenue at Ocean Boulevard (adjacent to Dinosaur Caves Park) (Caltrans Purview)
Storm drain failure at the end of Harbor View Avenue (FEMA purview) Slope/road failure on Price Canyon Road (Caltrans purview)
Staff took immediate cleanup and protective measures of the sites where possible and has been working with FEMA through the California Governor's Office of Emergency Services (CalOES) and FHWA through Caltrans for reimbursement for work and funds required to cleanup and secure the various sites. Staff attended a Recovery Scoping Meeting with FEMA on May 16, 2017 and a Damage Assessment Site Inspection Meeting with Caltrans on May 18, 2017. The application and approval process for cost recovery and permanent restoration at each site under FEMA purview is complete and checks have been issued based on FEMA scoping and estimated construction costs with a reimbursement of 93.75% FEMA/State and a 6.25% City match. Completed work for sites under FEMA purview includes removal of the fallen tree on the beach below Ebb Tide Park. It was anticipated that the actual cost of repairs at each site will exceed the amount approved and checks issued by FEMA. The City also filed insurance claims for each of these sites to potentially assist in completion of the repairs. After FEMA review, the following sites are deemed ineligible for federal aid as observed erosion and bluff failure was defined by FEMA representatives as naturally occurring over time:
Bluff failure at Memory Park
Bluff failure at Cypress Street at Harloe Avenue
Permanent restoration at these two sites will have to rely solely on insurance claim funding and/or grants that City staff is consistently in search of and pursuing.
The City has received all reimbursement checks from the State and Federal Emergency Management Agency (FEMA) for damages at various sites under FEMA purview during the 2017 storms totaling $101,833. The next step is for City staff to further evaluate each site, issue requests for proposals (RFPs) for engineering design and environmental services and/or pursue cost estimates from contractors for permanent restoration of these sites which include:
Franklin Avenue storm drain failure (FEMA purview)
City Hall storm damage (FEMA purview)
Bluff failure at Ebb Tide Park (FEMA purview)
Storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort (FEMA purview)
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Storm drain failure at the end of Harbor View Avenue (FEMA purview)
Construction of repairs and drainage improvements to address leaking issues at the Fire Administration and Conference and Visitors portion of City Hall is complete.
The City received authorization from the Federal Highway Administration (FHWA) through the California Department of Transportation (Caltrans) for engineering design and environmental studies for the following three sites:
Bluff failure on Ocean Boulevard
Storm drain failure on Cliff Avenue at Ocean Boulevard (adjacent to Dinosaur Caves Park)
Slope/road failure on Price Canyon Road
Costs for these services are reimbursed at 88.53% by FHWA/Caltrans with an 11.47% City match. The environmental/design phase for both the Ocean Boulevard Improvement Project and the Price Canyon Road Slope Repair Project began by TerraCosta Consulting Group and Yeh and Associates, Inc., respectively in early 2019. Environmental, cultural resource and temporary access impacted the design schedule and City staff pursued one- year time extensions from Caltrans for each project which we were subsequently granted.
As discussed in the summary of current events, the consultant for the Ocean Boulevard Improvement Project provided 100% design plans for review which have been reviewed by staff from all applicable departments and final bid-set plans are being developed.
The City has included the permanent repair of all sites (both Caltrans and FEMA purview) damaged during the January 2017 storms in an insurance claim and has provided all required documentation to the insurance company. City staff was presented with a Partial Proof of Loss and Subrogation Agreement for the Morro stairs and storm drain outfall sites during a meeting with our insurance representative on February 15, 2019, and the City has received an initial payment in the amount of $504,324. This amount is based on the estimated cost of repair for the Morro Stairs and outfall. The City is currently waiting on a response from the City’s insurance representative on an initial payment amount that could be expected for all other sites. The City’s insurance representative has also indicated that the cost of engineering and environmental services for each site can be added to the total amount of the claim.
City staff was also pursuing a grant from the California Department of Parks and Recreation, Division of Boating and Waterways, through its Shoreline Erosion Control Grant Program for stabilization of a portion of the bluff near the City’s lift station at the end of Harloe Street. An application was submitted, and onsite meetings have been held.
Staff was notified that the State budget did not support any projects during Fiscal Year 2021, but was invited to reapply for Fiscal Year 2023. Staff submitted the new application and was notified on January 13, 2022 the project was not recommended for funding in the Governor’s proposed budget Fiscal Year 22. Staff is looking into other funding opportunities to support this project.
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FISCAL IMPACT:
The fiscal impact of the attached Resolution is the authorization of expenditures for the August 2021 Sewer Spill emergency to Pacific Petroleum in the amount of $69,849.67 and R. Baker, Inc. in the amount of $327,405.63, and related budget adjustments.
August 2021 Sewer Spill
Per the City’s Purchasing Policy and Procedures, an emergency declared by an appropriate authority as described in Pismo Beach Municipal Code Chapter 2.32, Emergency Services, requires that an order be placed with the most expeditious source of equipment, goods or services, taking into account timeliness of delivery and price. In the event of an Emergency, the City Manager/Director of Emergency Services is authorized to approve without solicitation of bids purchases, leases, or other contracts for goods or services up to a value of $100,000. Emergency procurements shall be ratified as soon as practical, including ratification by City Council for emergency procurements exceeding $100,000 or the amount set by City Council after receiving the recommendation of the City Manager.
The City’s costs for the August 2021 Sewer Spill emergency is $418,047.55. Of this amount, one agreement with R. Baker, Inc. in the amount of $327,405.63 exceeded the $100,000 procurement threshold and one agreement with Pacific Petroleum in the amount of $69,849.67 exceeded the non-emergency $50,000 procurement threshold.
The City’s purchasing policy allows for the City Manager to authorize payments up to $50,000, and so the payments for the remaining vendors (Central Coast Fence, DPSI, and WSC) were paid under that authority. The total project costs are shown in the table below.
Vendor Amount
Pacific Petroleum $69,849.67
R. Baker, Inc. $327,405.63
Central Coast Fence $4,469.75
Diversified Project Services International (DPSI) $11,090.00 Water Systems Consulting, Inc. (WSC) $5,232.50
Total Cost $418,047.55
Staff is continuing to explore recovery of these costs from third parties whose actions precipitated the emergency. If funds are not recovered, this is an unanticipated large cost that may have an impact of future wastewater rates. In the meantime, staff recommends that Council adjust the FY 2022 Wastewater Enterprise Fund’s budget to cover the cost of the sewer spill. Staff recommends appropriating $418,048 for the Pismo Creek Sewer Spill project in the Wastewater Enterprise Fund in FY 2022.
COVID-19
Costs related to the COVID-19 emergency are continuing on an ongoing basis, and as such, a precise total is difficult to assess at the current time. Staff will continually update Council as appropriate on anticipated future costs and reduced revenues as a result of the emergency.
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January 2017 Winter Storms
The cost of damage from the January 2017 storms is estimated to be between $3,000,000 and $6,000,000. Once the damage can be fully assessed, staff will be able to formulate a better cost estimate.
ALTERNATIVES:
1. Do not adopt the attached Resolution; provide staff with direction.
ATTACHMENTS:
1. Resolution terminating August 11, 2021 sewer spill emergency proclamation Prepared by: Meeting Date: February 15, 2022
Chad Stoehr, P.E., Engineer
Erica Inderlied, City Clerk
Submitted by: Erica Inderlied, City Clerk
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 TERMINATING THE LOCAL EMERGENCY CONFIRMED BY CITY COUNCIL ON AUGUST 12, 2021 AND RESCINDING R-2021-070; RATIFYING EXPENDITURES IN THE AMOUNT OF $69,849.67 AND $327,405.63 TO PACIFIC PETROLEUM AND R. BAKER, INC., RESPECTIVELY; AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2022
WHEREAS, on August 11, 2021 the Director of Emergency Services issued a proclamation declaring the existence of a local emergency in response to damage to a primary sewer collection and transmission line in the vicinity of 98 South Dolliver Street; and
WHEREAS, the proclamation was confirmed by City Council on August 12, 2021 by Resolution R-2021-070; and
WHEREAS, staff took immediate cleanup and protective measures to maintain the City’s sewer system and prevent any environmental damage; and
WHEREAS, it was determined the section of damaged pipe was past the point of repair, and the best course of action would be to install a new pipe that runs under the creek, bypassing the damaged portion of the line; and
WHEREAS, horizontal directional drilling under the creek to install the new sewer pipe was completed and the new sewer line was and put into service on September 9, 2021; and
WHEREAS, per the City’s Purchasing Policy and Procedures, an emergency declared by an appropriate authority as described in Pismo Beach Municipal Code Chapter 2.32, Emergency Services, requires that an order be placed with the most expeditious source of equipment, goods or services, taking into account timeliness of delivery and price; In the event of an Emergency, the City Manager/ Director of Emergency Services is authorized to approve without solicitation of bids purchases, leases, or other contracts for goods or services up to a value of $100,000; Emergency procurements shall be ratified as soon as practical, including ratification by City Council for emergency procurements exceeding $100,000 or the amount set by City Council after receiving the recommendation of the City Manager; and
WHEREAS, the City’s costs for the August 2021 Sewer Spill emergency is $418,047.55; Of this amount, one agreement with R. Baker, Inc. in the amount of $327,405.63 exceeded the $100,000 procurement threshold and one agreement with Pacific Petroleum in the amount of $69,849.67 exceeded the non-emergency $50,000 procurement threshold.
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NOW, THEREFORE, BE IT RESOLVED that pursuant to Government Code Section 8630, the City Council determines that conditions warrant the termination of the local state of emergency declared under Resolution R-2021-070, and therefore, the City Council of the City of Pismo Beach hereby terminates the local emergency confirmed by the City Council on August 12, 2021.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby ratifies the expenditures in the amount of $69,849.67 and $327,405.63 to Pacific Petroleum and R. Baker, Inc., respectively, for work performed in response to the damage to the primary sewer collection and transmission line.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $418,048 in the Pismo Creek Sewer Spill project account in the Wastewater Enterprise Fund in Fiscal Year 2022.
BE IT FINALLY RESOLVED that Resolution R-2021-070 is hereby rescinded.
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 15th 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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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E
SUBJECT/TITLE:
BELLO BRIDGE PROJECT BUDGET APPROPRIATIONS
RECOMMENDATION:
Adopt a Resolution accepting additional grant funds in the amount of $983,826, and appropriating revenues and expenditures in FY 2022 for the Bello Bridge Project.
BACKGROUND:
In April 2020, a construction contract was awarded to Papich Construction Co., Inc. for the construction of the Bello Street Bridge project. Construction began in early June 2020, and was paused on October 31, 2020 per permit requirements with the California State Water Resources Control Board. Papich resumed construction on June 15, 2021 and is nearing completion of the project. Staff expects the project to be completed by late February, except for the post-construction environmental mitigation, re-vegetation, monitoring and maintenance which will be performed by a separate contractor at the project site for 5 years following completion of construction.
The construction of the Bello Street Bridge project is fully funded by a Federal Highway Bridge Program (HBP) grant. At the time of the construction contract award, there was a budget shortfall based on the actual bids received. Staff requested additional funding from Caltrans to cover the shortfall, and it was approved in March 2021 (funding approval provided as Attachment 2). Once construction is complete, staff submit a project close- out request, which will include a request for additional funding for all costs that were incurred during construction not currently authorized. At that time, staff will come back to Council one last time to accept and appropriate the remaining grant funds. While the timing of that approval is unknown, and based solely on Caltrans receiving, reviewing, and processing the request, staff expects to receive those additional funds in Fiscal Year (FY) 2023.
Conclusion and Recommendation
Staff recommends Council adopt a Resolution (Attachment 1) accepting additional grant funds in the amount of $983,826, and appropriating revenues and expenditures in FY 2022 to bring the Bello Street Bridge project to completion.
FISCAL IMPACT:
The fiscal impact of adopting the subject Resolution includes $983,826 of additional grant revenues and $124,579 of additional expenditures. This will bring the total estimated project cost to $6,707,820. The project is 100% federally funded through a Federal Highway Bridge Program (HBP) grant.
Staff will work with Caltrans Local Assistance (LA) to request additional funding to ensure that all expenditures for this project are supported by the grant based on the actual cost of construction once the project is complete. The timing of the additional funds is likely to
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be FY 2023. In order to receive funds from Caltrans LA, the City must first incur the costs and pay the contractor. Once invoices are paid, the City can submit progress invoices to Caltrans for reimbursement. The previously authorized funds are currently available for the project and staff has been submitting progress invoices quarterly.
The table below shows the current project revenues and expenditures. The expenditure budget reflects the cost of the project based on contractual obligations and projected costs, whereas the revenue budget is less than the expenditure budget as it only reflects the amount of the HBP grant awarded at that time. There is about a 6-month to a one- year lag in the grant award based on the timing of HBP review of these federally funded projects. Since the project is 100% federally funded, once the project is complete and the remaining HBP grant is awarded (likely in FY 2023), the revenues will balance to the expenditures. Based on projected expenditures, staff anticipates requesting an additional $255,199 in additional HBP grant revenues.
ALTERNATIVES:
1. Do not adopt the Resolution and provide staff with direction.
ATTACHMENTS:
1. Resolution
2. HBP Funding Approval Letter
Prepared by: Meeting Date: February 15, 2022
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer
City Manager Approval:
Revenues Expenditures
FY 2022 Budget 2,639,006$ 3,092,984$
A FY 20 to FY 22 Actuals 3,259,698 5,468,795
B Projected 2,209,097 1,114,446
C New Appropriations 983,826 124,579
D = A+B+C Total Project 6,452,621$ 6,707,820$
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RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA ACCEPTING ADDITIONAL GRANT FUNDS IN THE AMOUNT OF $983,826, AND APPROPRIATING REVENUES AND EXPENDITURES IN FY 2022
FOR THE BELLO BRIDGE PROJECT
WHEREAS, the construction of the Bello Street Bridge project is fully funded by a Federal Highway Bridge Program (HBP) grant; and
WHEREAS, at the time of the construction contract award, there was a budget shortfall based on the actual bids received which was requested from, and approved by Caltrans in March 2021; and
WHEREAS, the construction of the bridge is nearing completion and staff will be submitting a project close-out request, which will include a request for additional funding for all costs that were incurred during construction not currently authorized; and WHEREAS, staff expects to receive those additional funds in Fiscal Year (FY) 2023.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby accepts additional Federal Highway Bridge Program grant funds in the amount of $983,826, and appropriates $983,826 of additional grant revenues and $124,579 of additional project expenditures in FY 2022 for the Bello Street Bridge project.
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 15th 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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Attachment 1
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S T A T E O F C A L I F O R N I A ------- B U S I N E S S , T R A N S P O R T A T ION AND HOUSING AGENCY Gavin Newsom, Governor
DEPARTMENT OF TRANSPORTATION
50 HIGUERA STREET
SAN LUIS OBISPO, CA 93401-5415
PHONE (805) 549-3101
FAX (805) 549-3329
TTY 711
http://www.dot.ca.gov/dist05/
Flex your power! Be energy efficient!
“Caltrans improves mobility across California”
March 17, 2021
05-SLO-0-PBCH
BRLO-5289(012)
Advantage ID 0500020343
Br. No. 49C-0109
Bello St Bridge Replacement
Mr. Chad Stoehr and Ms. Erin Olsen
Associate Engineer
City of Pismo Beach Public Works
760 Mattie Road
Pismo Beach, CA 93449
Subject: Award Adjustment (Increase) of Right of Way, Utilities, CON/CE, and Plant Establishment Federal Funds at Award
Congratulations, a post-programming increase (additional funding) at Award for Right of Way ($13,416), RW Utilities ($50,014), CON & Plant Establishment ($515,114+$300,000) & CE ($405,282) and funding for the City’s subject project was approved by FHWA on March 16, 2021.
Caltrans HQ will be sending the City a Program Supplement Agreement (PSA) with a Finance Letter. The City will need to sign and return this PSA directly to HQ before submitting invoices for this additional funding.
Please be sure to invoice to the old appropriation codes M233 for RW and Z233 for CON/CE until funds are exhausted ($0 balance). Once the old appropriation balances are exhausted, you can start invoicing to appropriation code Z2E3.
Please save copy of the attached E76 in your project files.
Sincerely,
Tammy M. Giuliano
Tammy M. Giuliano
Local Assistance Engineer
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RW
Util Rel
CON
CE
RW
CON
Util Rel
CE
When
invoicing,
exhaust
M233,
Z233 first
until $0
balance.
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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:
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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 15, 2022
Erica Inderlied, City Clerk
City Manager Approval:
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #11.A
SUBJECT/TITLE:
INTRODUCTION (FIRST READING) OF ORDINANCES EFFECTUATING A LOCAL COASTAL PLAN AMENDMENT AND ADDING CHAPTER 17.119 TO TITLE 17 (1983 COASTAL ZONING CODE) AND SECTION 17.38.145 TO CHAPTER 38 OF TITLE 17 (1998 NON-COASTAL ZONING CODE) OF THE PISMO BEACH MUNICIPAL CODE
REGULATING TWO-UNIT RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLITS IN COMPLIANCE WITH SENATE BILL 9 AND MAKE A DETERMINATION OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION:
1. Introduce an Ordinance adding Chapter 17.119 Two-Unit Residential Development and Urban Lot Splits To Title 17 (1983 Coastal Zoning Code) of the City of Pismo Beach Municipal Code, relating to urban lot splits and two-unit residential development built in accordance with Senate Bill 9 and making a determination of exemption under the California Environmental Quality Act (CEQA);
2. Introduce an Ordinance adding section 17.38.145 Two-Unit Residential Development and Urban Lot Splits to Chapter 38 of Title 17 (1998 Non-Coastal Zoning Code) of the City of Pismo Beach Municipal Code, relating to urban lot splits and two-unit residential development built in accordance with Senate Bill 9 and making a determination of exemption under the California Environmental Quality Act (CEQA).
BACKGROUND:
On September 16, 2021, Governor Newsom signed into law Senate Bill (SB) 9 (Atkins).
The bill requires that the City ministerially approve, without discretionary review or public hearing, the subdivision of a parcel zoned single-family residential into two approximately equal parcels no less than 1,200 square feet each (unless the local agency provides for a smaller minimum lot size), as well as ministerially approve no more than two units on each of the new parcels or other lots zoned single-family residential. The new units could be primary units with accessory dwelling units or two primary units, so long as remaining development standards are met. In other words, this bill has the potential to allow the converting of a single-family zoned parcel with one single-family residence into two lots and four dwelling units.
SB 9 authorizes local agencies to impose objective zoning, subdivision and design review standards that do not conflict with the requirements of SB 9 but prohibits imposition of any other requirements. On December 21, 2021, the City Council directed staff to prepare appropriate ordinances establishing such objective standards and addressing the provisions of SB 9. On January 25, 2022, the Planning Commission reviewed the prepared ordinances, recommending the City Council adopt the regulations.
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Exceptions
There are several exceptions built into the bill. The bill prohibits the demolition or alteration of an existing rent-restricted housing unit, a unit subject to an Ellis Act eviction in the past 15 years, or, importantly, a unit that has been occupied by a tenant in the last three years.
This would not, however, affect residences occupied by the owner. Additionally, the bill does not allow for the demolition of more than 25% of the existing exterior structural walls unless the City allows for said demolition or the site has not been occupied by a tenant in the last three years. The bill also precludes the subdivision of a parcel that has previously been subdivided in accordance with Senate Bill 9, which would be memorialized through a deed restriction on the parcels created and through City records.
Exclusions
There are several location-based exclusions to SB 9, as identified in Government Code Section 65913.4(a)(6)(B)–(K). Included in these are wetlands; areas located within a very high fire hazard severity zone unless the site complies with all fire-hazard mitigation measures required by existing building standards; a hazardous waste site not cleared for residential use; areas within a delineated earthquake fault zone unless all development complies with seismic protections; areas within a 100-year flood hazard area or a regulatory floodway, with specific exceptions; and land specified for habitat and similar conservation purposes.
Based on the very high fire hazard severity zone maps developed by Cal Fire, significant portions of the City, including areas along El Portal and Bluff Drives, most parcels along Mattie Road on the inland side of Highway 101, the Pismo Heights above Bay Street, and portions of the neighborhood between the Price Historical Park and Highland Drive and Valley View Drive fall into high fire hazard severity zones. A map of these zones is included as Attachment 3 and an interactive map can be found at https://egis.fire.ca.gov/FHSZ/ to better demonstrate the areas exempt from SB 9. These areas have been excluded from SB 9 development.
Parking
For SB 9 compliant applications, the bill prohibits the City from requiring more than one parking space per unit for a proposed duplex or a proposed lot split. The bill also prohibits the requirement of any parking if the property is located within one-half mile walking distance of either a high-quality transit corridor or a major transit stop. Section 21155 of the Public Resources Code defines a high-quality transit corridor as a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. Section 21064.3 of the Public Resources Code defines a major transit stop as a site containing an existing rail or bus rapid transit station, a ferry terminal, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
While the City does have numerous bus stops and the transit center on 5 Cities Drive, these routes run hourly and would not meet either of these definitions. Therefore, the City would be subject to limitations on parking of one space per unit. However, SB 9 provides that “nothing in [SB 9 as codified] shall be construed to supersede or in any way alter or Council Agenda 2-15-2022 11.A-2
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lessen the effect or application of the [California Coastal Act], except that the local agency shall not be required to hold public hearings for coastal development permit applications for an [SB 9] housing development.” See Government Code Sections 65852.21(k), 66411.7(o). Therefore, similar to the accessory dwelling unit ordinance, the SB 9 ordinance for the Coastal Zone contains a nuanced approach to continue to require parking in order to maintain coastal access.
Coastal Commission
On January 21, 2022, the Coastal Commission Executive Director released a guidance document regarding implementation of SB 9 in compliance with the Coastal Act (Attachment 4). Staff believes that the prepared Coastal Ordinance was generally consistent with the guidance, but additional language was necessary to address SB 9 development in areas potentially vulnerable to sea level rise. Subsection 17.119.060.J. was added in response to this guidance, as recommended by the Planning Commission, which prohibits SB 9 development in these areas unless the specific criteria are met.
Environmental Review
In accordance with Sections 65852.21(j) and 66411.7(n) of the Government Code, Section 21080 of the Public Resources Code, and Section 15060(c)(3) of the CEQA Guidelines, ordinances adopted by a city or county to implement the provisions of Government Code Sections 65852.21 and 66411.7 relating to urban lot splits and two- unit residential development built in accordance with Senate Bill 9 are exempt from review under CEQA. Furthermore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and therefore the ordinances are exempt from review under CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
Public Notification
A notice of public hearing was posted at City Hall, on the City’s website, and published in the newspaper. The meeting agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. As of the writing of this report, no correspondence has been received.
Conclusion and Recommendation
The prepared ordinances (Attachments 1 and 2) are a thoughtful approach to implementing SB 9 in the City, while maintaining obligations to coastal resources as required by the Coastal Act. Staff recommends that the City Council introduce these Ordinances, including approval of a Categorical Exemption under CEQA. If the Council acts to introduce the ordinances as recommended, they will be returned for adoption at the next available meeting.
FISCAL IMPACT:
None.
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ALTERNATIVES:
1. Modify and introduce the prepared Ordinances.
2. Provide alternative direction to staff.
ATTACHMENTS:
1. Senate Bill 9 Ordinance (1983 Zoning Code)
2. Senate Bill 9 Ordinance (1998 Zoning Code)
3. Map of Very High Fire Hazard Severity Zones
4. John Ainsworth, Executive Director, California Coastal Commission, Memorandum – Implementation of New SB 9 Housing Laws in Sea Level Rise Vulnerable Areas (January 21, 2022)
Submitted by: Meeting Date: February 15, 2022
Matthew Downing, Community Development Director
City Manager Approval:
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ORDINANCE NO. O-2022-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADDING CHAPTER 17.119 TWO-UNIT RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLITS TO TITLE 17 (1983 COASTAL ZONING CODE) OF THE
CITY OF PISMO BEACH MUNICIPAL CODE, RELATING TO URBAN LOT SPLITS
AND TWO-UNIT RESIDENTIAL DEVELOPMENT BUILT IN ACCORDANCE WITH SENATE BILL 9 AND MAKING A DETERMINATION OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, on September 16, 2021 California Governor Gavin Newsom signed SB 9, entitled the “California Home Act,” into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single-family residential zones as outlined in California Government Code Section 65852.21 and 66411.7; SB 9 took effect on January 1, 2022; and
WHEREAS, SB 9 requires cities to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two-unit or subdivision project meets certain statutory criteria; SB 9 specifies, subject to certain exceptions, that proposed projects and subdivisions cannot be proposed in prohibited locations under California Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law and that SB 9 shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act; and
WHEREAS, SB 9 further restricts the standards and regulations that local agencies may impose on qualifying two-unit or subdivision projects; In addition, SB 9 permits a local agency to deny a proposed two-unit or subdivision project only if the agency makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute; and
WHEREAS, some parcels within the city of Pismo Beach are also within the Coastal Zone, others are in locations where increased density may cause safety concerns due to limited ingress and egress from the neighborhood; The City has substantial interests in protecting the coastal access and promoting safety in development projects; Unregulated or disorderly development represents an ever-increasing and true threat to the health, welfare, and safety of the community; and
WHEREAS, SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill’s provisions, and to adopt an ordinance to implement its provisions; The default standards contained in the new state Council Agenda 2-15-2022 11.A-5
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law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community; The City of Pismo Beach desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City’s single-family residential zones; and
WHEREAS, the City Council finds that under the City’s current zoning standards and current general plan policies, the approval of qualifying urban lot splits and residential developments pursuant to SB 9 might cause a disproportionate public health, safety, and welfare impact to the city of Pismo Beach community and to its residents—including potential detrimental impacts on coastal resources and access, safety, and emergency response in high fire zones—without compensating benefits to the community; and
WHEREAS, the City Council finds it necessary to impose additional objective standards consistent with SB 9 to ensure coastal access and address potential safety concerns; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 25, 2022, at which time it heard public input, considered the drafted amendments to the City’s regulations, and recommended the City Council approve the amendments.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
The Pismo Beach Municipal Code is revised to add a new Chapter 17.119 to read as follows:
Chapter 17.119 TWO-UNIT RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLITS
17.119.010 Purpose and intent.
This chapter is intended to:
A. Preserve, protect, and enhance the character of the city’s different residential neighborhoods;
B. Provide for and regulate urban lot splits and two-unit residential development in a manner consistent with the requirements of Senate Bill 9;
C. Continue to protect coastal resources and allow and protect coastal access;
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D. Promote and ensure safe development in high fire zones.
17.119.020 Definitions.
For the purposes of this chapter, terms shall be defined as follows:
A. “Accessory dwelling unit” has the same meaning ascribed in Section
17.117.030(A).
B. “Coastal Zone unit” means a unit developed pursuant to SB 9 and this chapter on property located in the coastal zone and meeting all of the following criteria:
1. Property is located within the Coastal Zone;
2. Property is located west of U.S. Route 101; and
3. Located within one-quarter mile (1,320 feet) walking distance of one of the following:
a. A vertical access point to the beach;
b. A segment of the California Coastal Trail;
c. A coastal park; or
d. A coastal view area.
C. “Junior accessory dwelling unit” has the same meaning ascribed in Section
17.117.030(J).
D. “Existing structure” means an original dwelling on the property.
E. “SB 9” or “Senate Bill 9” means the state law approved by the Governor on September 16, 2021, amending California Government Code Section 66452.6 and adding California Government Code Section 65852.21 and 66411.7.
F. “Two-residential unit development” means a housing development containing no more than two (2) residential units within a single-family residential zone permitted pursuant to the regulations set forth in SB 9.
G. “Unit” means any dwelling unit or units created pursuant to California Government Code Section 66452.21, an existing structure, a primary dwelling unit, an accessory dwelling unit or a junior accessory dwelling unit.
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H. “Urban lot split” means a parcel map subdivision permitted pursuant to the regulations set forth in SB 9 that creates no more than two (2) parcels of approximately equal size.
17.119.030 Applicability; Ministerial compliance review.
A. This chapter shall apply to all two-residential unit developments and urban lot splits proposed for lots in R1 (Single Family Residential) zones pursuant to the regulations set forth in SB 9. Except as expressly provided in this chapter or SB 9, all other regulations of the underlying zone of a property developed pursuant to SB 9, including all applicable regulations from the Pismo Beach Municipal Code, shall apply.
B. Required Approvals.
1. All two-residential unit developments and urban lot splits outside the Coastal Zone shall be required to obtain zoning clearance and a building permit and shall be subject to ministerial review by the Community Development Director or designee to determine whether the criteria for approval have been met. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met.
2. Projects in the Coastal Appeal Zone shall be required to obtain a coastal development permit and a building permit. The requirement for public hearing is hereby waived. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met.
Action on a project is final, unless appealed to the California Coastal Commission within ten (10) days of the Coastal Commission’s receipt of the notice of final action.
3. Projects in the Coastal Zone, Non-Appealable, shall be required to obtain a coastal development permit and a building permit. The requirement for public hearing is hereby waived. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met.
4. For two-residential unit developments and urban lot splits in the Coastal Zone, Appealable or Non-Appealable, for which a public hearing requirement has been waived pursuant to this subsection, at least ten (10) calendar days prior to the issuance of a coastal development permit, the City shall provide notice by first class mail of the pending application for development. This notice shall be provided to the persons, and contain the information, identified in Council Agenda 2-15-2022 11.A-8
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Section 17.124.090 for appealable and non-appealable
developments, as applicable.
C. All applicants for a two-residential unit development or an urban lot split shall submit an application including:
1. A sworn statement affirming eligibility under SB 9 regulations;
2. All materials required by the Community Development Director;
3. Applicants for an urban lot split shall, in addition, sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three (3) years from the date of the approval of the urban lot split. Provided, however, this provision shall not apply to an owner that is a community land trust or qualified nonprofit corporation as those terms are defined and described in California Revenue and Taxation Code Sections 402.1 and 214.15, respectively;
D. The City may, at the applicant’s expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement.
17.119.040 General requirements.
An applicant seeking approval of a two-residential unit development or urban lot split shall:
A. Comply with SB 9; all objective requirements of other applicable state law including the Subdivision Map Act; the Pismo Beach Municipal Code, including Title 17 and Title 16, except as expressly provided in SB 9, or in this chapter; and all objective standards of this chapter.
B. Execute and record a covenant, supplied by the City and subject to the approval of the City Attorney or designee, that contains the following provisions:
1. Non-residential uses are prohibited on the property subject to development under SB 9 and this chapter;
2. Rental or leasing of any unit or units on the property for a period of thirty (30) days or less is prohibited;
3. Ongoing compliance with SB 9 requirements and restrictions is required;
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4. Access to the public right-of-way shall be maintained in perpetuity;
5. All required parking shall be maintained;
6. If the applicant is seeking approval of an urban lot split, any subsequent urban lot split of the property is prohibited.
17.119.050 Parking.
All two-residential unit developments and urban lot splits shall comply with the following objective standards for parking:
A. One (1) enclosed or partially enclosed parking space is required for each unit created pursuant to the regulations in SB 9 and this chapter and such parking space shall be located on the same parcel as the unit.
B. Parking required for a unit created pursuant to SB 9 and this chapter is in addition to any parking required for the existing structure, should it remain on the property. If an existing garage, carport, or other parking is converted or demolished in order to construct the new unit, the required parking space(s) that are displaced shall be replaced on the same property to satisfy the parking requirements of the existing structure.
C. Exceptions. Additional parking spaces required under subsection
17.119.050.A shall not be required for units developed pursuant to SB 9 and this chapter if the property upon which the unit is created meets one or more of the following criteria:
1. Is within one-half (1/2) mile walking distance of a high-quality transit corridor, as defined in California Public Resources Code Section 21155e, or a major transit stop, as defined in California Public Resources Code Section 21064.3, or
2. There is a car share vehicle located within one (1) block of the project.
D. Parking in the Coastal Zone.
1. For Coastal Zone units, the following additional requirements apply due to the number of individuals that visit the Pismo Beach coast and to ensure adequate public access to coastal resources in compliance with California Public Resources Code Section 30001.5(c) and the California Coastal Act:
a. Subsection 17.119.050A shall not apply, and the total number of off-street parking spaces required for a unit shall meet the Council Agenda 2-15-2022 11.A-10
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minimum off-street parking requirements in PBMC Section
17.108.020 and be on the same parcel as the unit.
b. The parking exceptions identified in subsection 17.119.050.C of this chapter do not apply.
E. Required off-street parking may be provided as tandem parking on an existing driveway provided all requirements in subsection 17.108.030.A.7.a are met.
F. Each required parking space shall meet the following standards:
1. Each parking space shall have minimum dimensions of nine (9) feet by twenty (20) feet.
2. All parking spaces shall be located behind existing or future sidewalk, or other public right-of-way.
3. All parking spaces shall be located on an all-weather surface as approved by the City Engineer or designee (e.g., hardscape, gravel) and be accessed by a driveway apron or curb cut.
17.119.060 Development standards.
All two-residential development units and urban lot splits shall comply with the following objective development standards:
A. Driveways.
1. A driveway may be shared by not more than two (2) units and no more than two (2) lots.
2. More than one (1) driveway per lot is prohibited on lots with less than 60 feet of public street frontage.
B. Setback Requirements. All units in a two-residential unit development and/or on an urban lot split shall comply with the setback standards for R1 zones and be subject to environmental buffers and constraints under the Coastal Act. Provided, however, no setback shall be required for an existing structure or structure constructed in the same location and to the same dimensions as the existing structure, unless otherwise identified in the City’s Local Coastal Plan in order to protect coastal resources.
C. Occupancy.
1. Non-residential uses on the property subject to a two-residential unit development or an urban lot split are prohibited.
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2. Short-Term Rental Prohibited. A short-term rental use of thirty days or less shall not be permitted in units developed pursuant to SB 9 and this chapter. Units developed pursuant to SB 9 and this chapter shall be occupied for terms longer than thirty (30) days.
D. Height. Height of a unit developed pursuant to SB 9 and the chapter shall be no greater than permitted in R1 zones and shall be consistent with the City’s Local Coastal Plan in order to protect coastal resources.
E. Lot Coverage and Maximum Building Areas. Lot coverage and maximum building areas shall comply with the applicable standard for R1 zones, except as provided in Section 17.119.070.
F. No accessory dwelling unit or junior accessory dwelling unit shall be permitted on a parcel subject to an urban lot split under this chapter and also improved with a two-residential unit development under this chapter.
G. Two-residential unit developments and urban lot splits are not permitted on parcels located in the R-1 zone above the intersection of Longview Avenue and Stratford Street in the Pismo Heights planning area due to being in very high fire hazard severity zones, as determined by the California Department of Forestry and Fire Protection pursuant to California Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the California Department of Forestry and Fire Protection pursuant to California Public Resources Code Section 4202 and is coextensive with traffic flow and public safety concerns as this area has only one ingress and egress.
H. More than twenty-five (25) percent of the exterior structural walls of the existing structure shall not be demolished if the existing structure has been occupied by a tenant in the three (3) years prior to the submission of an SB 9 Development Project application.
I. An urban lot split shall comply with SB 9 and the following standards:
1. No lot resulting from an urban lot split shall be smaller than one thousand two hundred (1,200) square feet.
2. No lot resulting from an urban lot split shall have more than two (2) residential units inclusive of any accessory dwelling unit or junior accessory dwelling unit.
3. The two lots resulting from an urban lot split shall be approximately equal, and no smaller than forty (40) percent or larger than sixty (60) percent of the lot area of the original parcel.
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4. No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a corner, or on a through lot.
5. The width of any lot resulting from an urban lot split shall not be less than twenty (20) feet wide.
6. The proposed parcel map shall demonstrate ability to access the public right-of-way in perpetuity.
J. Two-residential unit developments and urban lot splits are not permitted on parcels located in the R-1 zone in areas determined by the Community Development Director to be vulnerable to sea level rise unless such urban lot split or two-residential unit development is consistent with applicable provisions of the Coastal Act and meets the following criteria:
1. The two-residential unit development or urban lot split is designed to minimize risks to life and property in areas of geologic and flood hazard;
2. The two-residential unit development or urban lot split is designed to assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area;
3. The two-residential unit development or urban lot split does not require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs;
4. The two-residential unit development or urban lot split is sited and designed to prevent significant degradation of adjacent sensitive habitats and recreation areas;
5. The two-residential unit development or urban lot split is sited and designed to maintain coastal resources and public access to coastal resources.
17.119.070 Exceptions.
The Community Development Director shall approve an exception to any of the standards specified in this chapter, other than those required for compliance with the Coastal Act, upon determining that complying with the standards would physically preclude the construction of up to two (2) residential units per lot or would physically preclude either of the two residential units from being eight hundred (800) square feet in floor area.
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17.119.080 Denial.
The Building Official or Community Development Director may deny an application for a two-residential unit development or an urban lot split upon making both the following findings in writing based on a preponderance of the evidence:
A. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in California Government Code Section 65589.5(d)(2).
B. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
SECTION 3.
This Ordinance/Local Coastal Plan Amendment shall be carried out in a manner fully in conformity with the Coastal Act consistent with California Public Resources Code Section 30510.
SECTION 4.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption of the regulations contained herein, the activity is not subject to CEQA. Furthermore, this ordinance is exempt from CEQA pursuant to Government Code Section 65852.21(j) effective January 1, 2022.
SECTION 5.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 6.
This ordinance shall become effective automatically upon final certification by the California Coastal Commission (CCC), unless the CCC proposes suggested modifications to the proposed ordinance. In this case, the ordinance shall become Council Agenda 2-15-2022 11.A-14
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effective on the date the CCC concurs that the City Council properly accepted the modified ordinance with suggested modifications.
SECTION 7.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 15th day of February, 2022, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2022, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
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APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
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ORDINANCE NO. O-2022-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADDING SECTION 17.38.145 TWO-UNIT RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLITS TO CHAPTER 38 OF TITLE 17 (1998
NON-COASTAL ZONING CODE) OF THE CITY OF PISMO BEACH MUNICIPAL
CODE, RELATING TO URBAN LOT SPLITS AND TWO-UNIT RESIDENTIAL DEVELOPMENT BUILT IN ACCORDANCE WITH SENATE BILL 9 AND MAKING A
DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
WHEREAS, on September 16, 2021 California Governor Gavin Newsom signed SB 9, entitled the “California Home Act,” into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single-family residential zones as outlined in California Government Code Section 65852.21 and 66411.7; SB 9 took effect on January 1, 2022; and
WHEREAS, SB 9 requires cities to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two-unit or subdivision project meets certain statutory criteria; SB 9 specifies, subject to certain exceptions, that proposed projects and subdivisions cannot be proposed in prohibited locations under California Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law and that SB 9 shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act; and
WHEREAS, SB 9 further restricts the standards and regulations that local agencies may impose on qualifying two-unit or subdivision projects; In addition, SB 9 permits a local agency to deny a proposed two-unit or subdivision project only if the agency makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute; and
WHEREAS, some parcels within the city of Pismo Beach are also within the Coastal Zone; others are in locations where increased density may cause safety concerns due to limited ingress and egress from the neighborhood; The City has substantial interests in protecting the coastal access and promoting safety in development projects; Unregulated or disorderly development represents an ever-increasing and true threat to the health, welfare, and safety of the community; and
WHEREAS, SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill’s provisions, and to adopt an Council Agenda 2-15-2022 11.A-17
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ordinance to implement its provisions; The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare, and safety of the community; The City of Pismo Beach desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the city’s single-family residential zones; and
WHEREAS, the City Council finds that under the City’s current zoning standards and current general plan policies, the approval of qualifying urban lot splits and residential developments pursuant to SB 9 might cause a disproportionate public health, safety, and welfare impact to the city of Pismo Beach community and to its residents—including access, safety, and emergency response in high fire zones—without compensating benefits to the community; and
WHEREAS, the City Council finds it necessary to impose additional objective standards consistent with SB 9 to address potential safety concerns; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 25, 2022, at which time it heard public input, considered the drafted amendments to the City’s regulations, and recommended the City Council approve the amendments.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
The Pismo Beach Municipal Code is revised to add a new Section 17.38.145 to read as follows:
17.38.145 Two-Unit Residential Development and Urban Lot Splits.
A. Purpose and intent. This section is intended to:
1. Preserve, protect, and enhance the character of the city’s different residential neighborhoods;
2. Provide for and regulate urban lot splits and two-unit residential development in a manner consistent with the requirements of Senate Bill 9;
3. Promote and ensure safe development in high fire zones.
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B. Definitions. For the purposes of this section, terms shall be defined as follows:
1. “Accessory dwelling unit” has the same meaning ascribed in Section
17.38.155.C.1.
2. “Junior accessory dwelling unit” has the same meaning ascribed in Section 17.38.155.C.10.
3. “Existing structure” means an original dwelling on the property.
4. “SB 9” or “Senate Bill 9” means the state law approved by the Governor on September 16, 2021, amending California Government Code Section 66452.6 and adding California Government Code Section 65852.21 and 66411.7.
5. “Two-residential unit development” means a housing development containing no more than two (2) residential units within a single- family residential zone permitted pursuant to the regulations set forth in SB 9.
6. “Unit” means any dwelling unit or units created pursuant to California Government Code Section 66452.21, an existing structure, a primary dwelling unit, an accessory dwelling unit, or a junior accessory dwelling unit.
7. “Urban lot split” means a parcel map subdivision permitted pursuant to the regulations set forth in SB 9 that creates no more than two (2) parcels of approximately equal size.
C. Applicability; Ministerial compliance review.
1. This section shall apply to all two-residential unit developments and urban lot splits proposed for lots in RSL (Single-Family Low Density Residential) zones pursuant to the regulations set forth in SB 9.
Except as expressly provided in this section or SB 9, all other regulations of the underlying zone of a property developed pursuant to SB 9, including all applicable regulations from the Pismo Beach Municipal Code, shall apply.
2. Required Approvals.
a. All two-residential unit developments and urban lot splits outside the Coastal Zone shall be required to obtain zoning clearance and a building permit and shall be subject to ministerial review by the Community Development Director or Council Agenda 2-15-2022 11.A-19
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designee to determine whether the criteria for approval have been met. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met.
b. Projects in the Coastal Appeal Zone shall be required to obtain a coastal development permit and a building permit.
The requirement for public hearing is hereby waived. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met. Action on a project is final, unless appealed to the California Coastal Commission within ten (10) days of the Coastal Commission’s receipt of the notice of final action.
c. Projects in the Coastal Zone, Non-Appealable, shall be required to obtain a coastal development permit and a
building permit. The requirement for public hearing is hereby waived. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be
conducted if all required criteria have been met.
d. For two-residential unit developments and urban lot splits in the Coastal Zone, Appealable or Non-Appealable, for which a public hearing requirement has been waived pursuant to this subsection, at least ten (10) calendar days prior to the issuance of a coastal development permit, the City shall provide notice by first class mail of the pending application for development. This notice shall be provided to the persons, and contain the information, identified in Section 17.124.090 for appealable and non-appealable developments as
applicable.
3. All applicants for a two-residential unit development or an urban lot split shall submit an application including:
a. A sworn statement affirming eligibility under SB 9 regulations;
b. All materials required by the Community Development
Director;
c. Applicants for an urban lot split shall, in addition, sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three (3) years from the date of the approval of the urban lot split.
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that is a community land trust or qualified nonprofit
corporation as those terms are defined and described in California Revenue and Taxation Code Sections 402.1 and 214.15, respectively;
4. The City may, at the applicant’s expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement.
D. General requirements. An applicant seeking approval of a two-residential unit development or urban lot split shall:
1. Comply with SB 9; all objective requirements of other applicable state law including the Subdivision Map Act; the Pismo Beach Municipal Code, including Title 17 and Title 16, except as expressly provided in SB 9 or in this section; and all objective standards of this section.
2. Execute and record a covenant, supplied by the City and subject to the approval of the City Attorney or designee, that contains the following provisions:
a. Non-residential uses are prohibited on the property subject to development under SB 9 and this section;
b. Rental or leasing of any unit or units on the property for a period of thirty (30) days or less is prohibited;
c. Ongoing compliance with SB 9 requirements and restrictions is required;
d. Access to the public right-of-way shall be maintained in perpetuity;
e. All required parking shall be maintained;
f. If the applicant is seeking approval of an urban lot split, any subsequent urban lot split of the property is prohibited.
E. Parking. All two-residential unit developments and urban lot splits shall comply with the following objective standards for parking:
1. One (1) enclosed or partially enclosed parking space is required for each unit created pursuant to the regulations in SB 9 and this section and such parking space shall be located on the same parcel as the unit.
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2. Parking required for a unit created pursuant to SB 9 and this section is in addition to any parking required for the existing structure, should it remain on the property. If an existing garage, carport, or other parking is converted or demolished in order to construct the new unit, the required parking space(s) that are displaced shall be replaced on the same property to satisfy the parking requirements of the existing structure.
3. Exceptions. Additional parking spaces required under subsection
17.38.145.E.1 shall not be required for units developed pursuant to SB 9 and this section if the property upon which the unit is created meets one or more of the following criteria:
a. Is within one-half (1/2) mile walking distance of a high-quality transit corridor, as defined in California Public Resources Code Section 21155, or a major transit stop, as defined in California Public Resources Code Section 21064.3, or
b. There is a car share vehicle located within one (1) block of the project.
4. Required off-street parking may be provided as tandem parking on an existing driveway provided all requirements in subsection
17.34.070.A.5.a are met.
5. Each required parking space shall meet the following standards:
a. Each parking space shall have minimum dimensions of nine (9) feet by twenty (20) feet.
b. All parking spaces shall be located behind existing or future sidewalk, or other public right-of-way.
c. All parking spaces shall be located on an all-weather surface as approved by the City Engineer or designee (e.g.,
hardscape, gravel) and be accessed by a driveway apron or curb cut.
F. Development standards. All two-residential developments units and urban lot splits shall comply with the following objective development standards:
1. Driveways.
a. A driveway may be shared by not more than two (2) units and no more than two (2) lots.
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b. More than one (1) driveway per lot is prohibited on lots with less than sixty (60) feet of public street frontage.
2. Setback Requirements. All units in a two-residential unit development and/or on an urban lot split shall comply with the setback standards for RSL zones. Provided, however, no setback shall be required for an existing structure or structure constructed in the same location and to the same dimensions as the existing structure.
3. Occupancy.
a. Non-residential uses on the property subject to a two- residential unit development or an urban lot split are
prohibited.
b. Short-Term Rental Prohibited. A short-term rental use of thirty (30) days or less shall not be permitted in units developed pursuant to SB 9 and this section. Units developed pursuant to SB 9 and this section shall be occupied for terms longer than thirty (30) days.
4. Height. Height of a unit developed pursuant to SB 9 and the section shall be no greater than permitted in RSL zones.
5. Lot Coverage and Maximum Building Areas. Lot coverage and maximum building areas shall comply with the applicable standard for RSL zones, except as provided in Section 17.38.145.G.
6. No accessory dwelling unit or junior accessory dwelling unit shall be permitted on a parcel subject to an urban lot split under this section and also improved with a two-residential unit development under this section.
7. Two-residential unit developments and urban lot splits are not permitted on parcels located in the R-1 and RSL zones above the intersection of Longview Avenue and Stratford Street in the Pismo Heights planning area due to being in very high fire hazard severity zones, as determined by the California Department of Forestry and Fire Protection pursuant to California Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the California Department of Forestry and Fire Protection pursuant to California Public Resources Code Section 4202 and is coextensive with traffic flow and public safety concerns as this area has only one ingress and egress.
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8. More than twenty-five (25) percent of the exterior structural walls of the existing structure shall not be demolished if the existing structure has been occupied by a tenant in the three (3) years prior to the submission of an SB 9 Development Project application.
9. An urban lot split shall comply with SB 9 and the following standards:
a. No lot resulting from an urban lot split shall be smaller than one thousand two hundred (1,200) square feet.
b. No lot resulting from an urban lot split shall have more than two (2) residential units inclusive of any accessory dwelling unit or junior accessory dwelling unit.
c. The two (2) lots resulting from an urban lot split shall be approximately equal, and no smaller than forty (40) percent or larger than sixty (60) percent of the lot area of the original parcel.
d. No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a corner, or on a through lot.
e. The width of any lot resulting from an urban lot split shall not be less than twenty (20) feet wide.
f. The proposed parcel map shall demonstrate ability to access the public right-of-way in perpetuity.
G. Exceptions. The Community Development Director shall approve an exception to any of the standards specified in this section upon determining that complying with the standards would physically preclude the construction of up to two (2) residential units per lot or would physically preclude either of the two residential units from being eight hundred (800) square feet in floor area.
H. Denial. The Building Official or Community Development Director may deny an application for a two-residential unit development or an urban lot split upon making both the following findings in writing based on a preponderance of the evidence:
1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in California Government Code Section 65589.5(d)(2).
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2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
SECTION 3.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061(b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption of the regulations contained herein, the activity is not subject to CEQA. Furthermore, this ordinance is exempt from CEQA pursuant to Government Code Section 65852.21(j) effective January 1, 2022.
SECTION 4.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 5.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 6.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 15th day of February, 2022, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
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AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2022, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
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1 To: Planning Directors of Coastal Cities and Counties From: John Ainsworth, Executive Director, California Coastal Commission Date: January 21, 2022
Re: Implementation of New SB 9 Housing Laws in Sea Level Rise Vulnerable Areas ______________________________________________________________________________ As of January 1, 2022, SB 9 (Atkins) changed the way that local governments can regulate new residential development and lot splits in single-family residential zones within designated urban areas, with the goal of increasing housing density in those areas. The new housing laws added by SB 9, Government Code Sections 65852.21 and 66411.7, contain Coastal Act savings clauses.
This means that, except for public hearing requirements, the Coastal Act continues to apply in full force in the coastal zone. Accordingly, certified Local Coastal Program (LCP) provisions continue to apply but, in most places, will need to be updated to conform with SB 9 to the greatest extent possible while still complying with the Coastal Act. This memorandum focuses on how to harmonize the new SB 9 requirements with LCP and Coastal Act policies in areas that are vulnerable to sea level rise because increasing residential density in these areas presents unique challenges and risks. When updating LCPs, local governments should keep in mind that LCP provisions must continue to be consistent with all applicable Coastal Act policies in all areas.
I. Housing in the Coastal Zone
The State of California is experiencing a critical shortage of affordable housing. In recognition of this critical shortage, the state Legislature passed numerous laws in recent years aimed at increasing construction of additional housing units, and preferably affordable units. Many of these measures, including SB 9, state that they do not supersede or lessen the application of the Coastal Act. The Coastal Commission (Commission) recognizes the particularly critical shortage of affordable housing in the coastal zone and has strongly supported strategies to increase access to affordable housing near the coast. To address housing shortages in the coastal zone over the long-term, new residential development must be built in locations and with designs that ensure it will be safe from hazards, have access to adequate public services, and will minimize coastal resource impacts.
Importantly, siting new housing in areas projected to be impacted by sea level rise, without planning for adaptation, will not address the housing crisis over the long-term and will instead put more residences and lives at risk and exacerbate housing shortages. The hazards and other impacts associated with sea level rise require local governments to plan carefully to ensure that 67$7(2)&$/,)251,$±&$/,)251,$1$785$/5(6285&(6$*(1&<
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2 new housing is safe both now and for future generations. Likewise, effective January 1, 2022, a new section was added to the Coastal Act that explicitly requires the Commission to “take into account the effects of sea level rise in coastal resources planning and management policies and activities in order to identify, assess, and, to the extent feasible, avoid and mitigate the adverse effects of sea level rise.” (Pub. Res. Code § 30270.) While the Commission has considered sea level rise in its planning, policies, and activities for many decades, the new section of the Coastal Act further emphasizes the importance of accounting for sea level rise.
New residential development in the coastal zone must be consistent with Coastal Act and LCP policies, including requirements relating to protection of coastal resources and hazards, such as Coastal Act Sections 30250, 30253, 30235 and 30240, as discussed further below. In addition to these requirements, a variety of other provisions in the Coastal Act relate to housing in the coastal zone. As relevant here, the Coastal Act does not exempt local governments from complying with state and federal law “with respect to providing low- and moderate-income housing, replacement housing, relocation benefits, or any other obligation related to housing imposed by existing law or any other law hereafter enacted.” (Pub. Res. Code § 30007.) The Coastal Act also requires the Commission to encourage housing opportunities for low- and moderate-income households (Pub. Res. Code § 30604(f)), but states that “[n]o local coastal program shall be required to include housing policies and programs.” (Pub. Res. Code § 30500.1.) Lastly, the Coastal Act regulates where new development can be sited. New residential development must be “located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it” or in other areas where development will not have significant adverse effects, either individually or cumulatively, on coastal resources. (Pub.
Res. Code § 30250(a).) Land divisions, other than leases for agricultural uses, are permitted outside existing developed areas “only where 50 percent of the usable parcels in the area have been developed and the created parcels would be no smaller than the average size of surrounding parcels.” (Pub. Res. Code § 30250(a).)
II. Overview of New Legislation
As of January 1, 2022, SB 9 adds Government Code Sections 65852.21 and 66411.7, and amends Government Code Section 66452.6. The new laws apply only to parcels located in: (a) a city that includes some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, within the city’s boundaries; or (b) an unincorporated area, and the parcel is located entirely within either an urbanized area or urban cluster, as designated by the United States Census Bureau. (Gov. Code §§ 65852.21(a)(1), 66411.7(a)(3)(B).) Currently certified LCPs are not superseded by the new laws and continue to apply until an LCP amendment is adopted.
The new legislation makes two primary changes to existing law:
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3 a. Ministerial consideration of proposals to develop two or fewer residential units in urban areas
For projects outside the coastal zone, local governments must now ministerially consider, without discretionary review, proposals to develop two or fewer residential units in a single- family residential zone in designated urban areas when certain criteria are met. (Gov. Code § 65852.21.) Proposals to construct two new residential units and proposals to add one new unit to a parcel with an existing unit are both covered by this section. (Gov. Code § 65852.21(i)(1).) For ministerial consideration of proposed residential development to be required, proposals must meet the many criteria set forth in the statute, including that rental of any new unit created is for a term longer than 30 days. (See Gov. Code § 65852.21(a), (d)-(g).) Although discretionary review is prohibited in these circumstances, local governments are free to adopt objective zoning, subdivision, and design review standards for development of residential units that do not conflict with Government Code Section 65852.21. (Gov. Code § 65852.21(b)-(c).) This new section of the Government Code does not supersede or in any way alter application of the Coastal Act, except that local governments are not required to hold public hearings for coastal development permit (CDP) applications. (Gov. Code § 65852.21(k).) This means that, aside from CDP public hearing requirements, Government Code Section 65852.21 does not override the Coastal Act or LCP policies implementing the Coastal Act, which may involve the application of discretion. Therefore, local governments should adopt LCP amendments with standards that harmonize with SB 9 requirements as much as is feasible and that also ensure such new development is consistent with the Coastal Act and any applicable LCP policies, including requirements relating to notice of local decisions to the public and the Commission.
b. Ministerial approval of urban lot splits
For projects outside the coastal zone, local governments must now ministerially approve lot splits that create no more than two new lots in single-family residential zones in designated urban areas when certain criteria are met, (Gov. Code § 66411.7). However, as with the new requirements regarding residential development, this section of the Government Code does not supersede or in any way alter application of the Coastal Act, except that local governments are not required to hold public hearings for coastal development permit (CDP) applications. (Gov. Code § 66411.7(o).) Accordingly, for projects in the coastal zone, review for consistency with Coastal Act and applicable LCP policies is still required, and that may involve the application of discretion. For ministerial approval to be required outside the coastal zone, proposals must meet the many criteria set forth in the statute, including that no more than two new lots are created, and that rental of any new unit created is for a term longer than 30 days. (See Gov. Code § 66411.7.) Although discretionary review is prohibited in these circumstances in non-coastal zone areas, local governments are free to adopt objective zoning standards, objective subdivision standards, and objective design review standards applicable to urban lot splits that do not conflict with Government Code § 66411.7. (Gov. Code § 66411.7(c), (e).) Council Agenda 2-15-2022 11.A-30
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4 Although the new laws do not supersede the Coastal Act, and the requirement for ministerial approval does not automatically apply in the coastal zone, the laws should be harmonized with the Coastal Act as much as feasible. This could be accomplished, for example, by updating LCPs to create a checklist of objective standards for qualifying projects so that little or no discretion is involved when considering them. Overall, local governments should adopt LCP amendments with standards to ensure that such new development is consistent with the Coastal Act and any applicable LCP policies, including requirements relating to notice of local decisions to the public and the Commission.1
III. SB 9 Application to Coastal Act Policies Generally Local governments should consider how to amend their LCPs to comply with SB 9 to the greatest extent possible, while continuing to be consistent with the Coastal Act. Approval of the types of lot split and residential development projects contemplated by SB 9 is likely to increase residential density in urban areas, both in terms of the overall number of residential units and in terms of the nature of the built environment itself. In some areas, this increase in density may be able to be accommodated with limited coastal resource impacts. However, in other areas, there may be cases where such projects cause significant adverse impacts to coastal resources such as public access, sensitive habitats, and recreation areas. (See Pub. Res. Code § 30250.) For example, approval of new residential development projects and lot splits pursuant to SB 9 would not be consistent with the Coastal Act if the projects are adjacent to environmentally sensitive areas (ESHA) and are not sited and designed to prevent impacts which would significantly degrade those areas, or are incompatible with the continuance of those habitat and recreation areas. (Pub. Res. Code § 30240.) Residential areas in the coastal zone are often intertwined with significant coastal resource areas, such as along the immediate shoreline, between the first public road and the sea, near LCP-designated scenic areas, and near sensitive habitat areas. LCPs generally include a myriad of provisions protecting these coastal resources; LCP provisions designed to implement SB 9 should not conflict with or inappropriately diminish any such LCP protections that already apply. At the same time, SB 9’s focus on ensuring that applicable standards are objective and processed ministerially means that local governments should consider ways to evaluate the potential for coastal resource impacts at the LCP planning stage, such as by using checklists or other such ministerial tools that can be employed at the CDP application stage as much as possible. Local governments are encouraged to coordinate with Commission staff as they develop LCP provisions to implement SB 9.
1 SB 9 also amends Government Code § 66452.6 to allow local governments to provide by ordinance an additional 24-month time period before an approved or conditionally approved tentative subdivision map expires.
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5 IV. SB 9 Application in Sea Level Rise Vulnerable Areas As described in Chapter 3 of the Coastal Commission’s 2018 Update to the Sea Level Rise Policy Guidance (SLR Guidance), as sea levels rise, tidal and groundwater inundation, flooding, wave impacts, bluff and beach erosion, saltwater intrusion, and other impacts are projected to worsen and further threaten residential development and coastal resources in the coastal zone.
The applicability of SB 9 in areas vulnerable to the impacts associated with sea level rise is thus a critical concern.
a. Development of two or fewer residential units in sea level rise vulnerable areas In many cases, increasing density in areas subject to sea level rise impacts without including appropriate siting, design, and mitigation features will not be consistent with Coastal Act policies. Proposals to develop two or fewer residential units pursuant to Government Code Section 65852.21 may be permitted in sea level rise-vulnerable areas if they can be developed in such a way as to be found consistent with the Coastal Act and LCP provisions, and can be designed and sited to be safe from hazards for the expected life of the structures. Proposed projects to construct two or fewer residential units pursuant to Government Code Section 65852.21 typically qualify as “development” under the Coastal Act because such projects usually involve “the placement or erection of any solid material or structure,” and/or a “change in the density or intensity of use of land. . . .” (Pub. Res. Code § 30106.)2 As new development, the new units must minimize risks to life and property in areas of geologic and flood hazard; assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area; and not in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. (Pub. Res. Code §§ 30253, 30270; see also corresponding LCP provisions.) New residential development must be consistent with the Chapter 3 policies of the Coastal Act and any relevant LCP policies, including that they must be sited and designed to prevent significant degradation of adjacent sensitive habitats and recreation areas and to allow the continuance of those areas into the future (Pub. Res. Code § 30240(b)).
In some areas vulnerable to sea level rise, the risk of hazards during the anticipated life of the structure may be too great to permit development of two residential units on one lot if the new unit(s) cannot be sited and designed safely and consistent with relevant Coastal Act and LCP provisions. In other vulnerable areas, development may be permitted where adaptation strategies and special conditions can minimize hazard risks and avoid impacts on coastal
2 As discussed in the Updates Regarding the Implementation of New ADU Laws Memorandum (Jan. 2022), conversion of existing habitable space within a single-family residence into another residential unit may not qualify as development if there are no major structural changes (e.g., changes to roofs, exterior walls, foundations, etc.) and no change to the size or intensity of use of the existing structure. (See Pub. Res. Code § 30106.)
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6 resources. Local governments and applicants should refer to the Commission’s SLR Guidance when determining whether construction of residential units pursuant to Government Code Section 65852.21 in vulnerable areas is consistent with the Coastal Act and LCP policies.
Chapter 7 of the SLR Guidance describes some of the adaptation strategies to consider when planning for development in sea level rise vulnerable areas. Some adaptation strategies may require land use plans or proposed projects to anticipate long-term impacts now. Other strategies may build adaptive capacity into the plan or project itself, such as special conditions that require elevation or removal of structures when certain triggers are met, so that future changes in hazard risks can be effectively addressed while ensuring long-term resource protection.
b. Lot splits in sea level rise vulnerable areas
As discussed above, Government Code Section 66411.7 requires ministerial consideration of urban lot splits in single-family residential zones in designated areas outside the coastal zone when certain criteria are met. “[S]ubdivision . . . and any other division of land, including lot splits,” qualify as “development” under the Coastal Act, thereby triggering the need for a CDP or other appropriate authorization. (Pub. Res. Code § 30106.) Lot splits also qualify as development because they constitute a “change in the density or intensity of use of land.” (Id.) As new development, proposals to subdivide land must:
(a) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. (b) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. (Pub. Res. Code § 30253.) New development must also be sited and designed to prevent significant degradation of adjacent sensitive habitats and recreation areas and to allow the continuance of those areas in the future. (Pub. Res. Code § 30240(b).) In addition, new development must be consistent with all Chapter 3 policies of the Coastal Act, including Sections 30210 through 30224 protecting public access and recreational opportunities; Sections 30230 and 30231 protecting marine habitats and water quality; Section 30250 requiring development to have adequate public services; and Section 30251 protecting visual resources.
Subdivisions in areas with certified LCPs must also be consistent with corresponding, relevant LCP provisions. The Commission must also consider the effects of sea level rise in its coastal resources planning and management policies and activities, including those relating to new residential development. (Pub. Res. Code § 30270.)
The Commission’s SLR Guidance states that to comply with Section 30253 of the Coastal Act or the equivalent LCP section, projects will need to be planned, located, designed, and engineered Council Agenda 2-15-2022 11.A-33
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7 for the changing water levels and associated impacts that might occur over the life of the development. In addition, Chapter 7 of the SLR Guidance recommends concentrating development away from hazardous areas and limiting subdivisions in areas vulnerable to sea level rise. To be consistent with the Coastal Act, including how it is interpreted through the SLR Guidance, proposals to subdivide land in areas vulnerable to sea level rise should be considered very carefully for several reasons.
First, subdividing land projected to be negatively impacted by sea level rise in the foreseeable future is not a sound way to minimize risks to life and property in areas with high flood and geologic hazards. (See Pub. Res. Code § 30253.) Instead, subdivision in these areas is likely to increase risks to life and property by allowing for increased density and intensity of use of sites that are projected to be exposed to hazards such as tidal and groundwater inundation, flooding, wave impacts, bluff and beach erosion, and saltwater intrusion. Under SB 9, a lot currently zoned for a single-family residence could support many additional residential units. For example, a lot could be subdivided pursuant to Government Code Section 66411.7, and then two residential structures could be built on each of the newly divided lots pursuant to Government Code Section 65852.21. This scenario would result in four residences on a lot that, prior to SB 9, could only support one residence. When considering the circumstances in which residentially zoned lot splits (pursuant to SB 9 or otherwise) should be allowed in the coastal zone, local governments should consider whether each of the new lots would have a buildable area that is safe from coastal hazards for the foreseeable future without relying on shoreline armoring and could be developed in conformance with relevant coastal resource protection policies of the LCP and Coastal Act.
Second, it is important to analyze the safety of proposed lot splits over the longest feasible timeframe. Hazard analyses typically evaluate potential hazards for the expected life of the development. Unlike the development of residential structures that may only need to be safe for approximately 75-100 years, land divisions tend to be permanent and have little to no adaptive capacity. Although the SLR Guidance does not suggest a specific timeframe for the hazard analysis of proposed lot splits, it does note that projects that are expected to last indefinitely should consider time frames of 100 years or more, and this is also consistent with past Commission action. For example, Commission staff recently recommended denial of a proposal to subdivide property in Orange County that was particularly vulnerable to sea level rise because, among other reasons, the project did not minimize risks to life and property and could not assure stability and structural integrity of the project, as Section 30253 of the Coastal Act requires. (Staff Report, Application Nos. 5-18-0907 & 5-18-0908, August 29, 2019.) The staff report found that the proposed subdivision could last in perpetuity, potentially long beyond the anticipated life of the proposed residential structure, and that both new lots would likely be subject to sea level rise impacts after the anticipated life of the residential structure. (Id.) After some deliberation with the Commission at the public hearing, the applicant withdrew its application and submitted a new proposal to build two single-family residences on the lot Council Agenda 2-15-2022 11.A-34
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8 without subdivision. The Commission approved the new application with the condition that the property cannot be subdivided now or in the future, among other conditions addressing the property’s sea level rise vulnerabilities. (Staff Report, Application No. 5-20-0646, May 21, 2021.) In the zoning context, the Commission denied a request by the County of Santa Barbara to amend its Land Use Plan (LUP) to rezone a single oceanfront property from recreation/open space to single-family residential because the property was projected to be impacted by hazards in the foreseeable future, among other reasons. The Commission found that the hazards analysis for a proposed land use designation change should consider hazards for the foreseeable future because “[u]nlike residential structural development, where the Commission generally analyzes whether the structure will be stable and safe for its expected life of 75 to 100 years, the land use designation change of a parcel would be more or less permanent.” (Staff Report, Application No. LCP-4-STB-18-0039-1- Part D, July 10, 2019, p. 16.) Land divisions, like land use designation changes, may last in perpetuity. Thus, the Commission’s past guidance and actions demonstrate that, in most circumstances, a hazard analysis for a lot split proposal should consider the longest time frame feasible.
Third, subdivision may limit the adaptation strategies available to individuals and communities as sea levels rise. Unlike structural development, which can be designed to incorporate adaptive elements like waterproofing, elevation, or relocation, subdivisions have little to no adaptive capacity; thus, it is not always feasible to mitigate the impacts created by subdivisions.
Subdividing a parcel can also limit the opportunities to adapt to sea level rise on that land by decreasing the land available on a lot for existing development to be moved landward, or for new development to be sited in a more landward or higher elevation location. Land divisions also increase the number of property interests in a site. This can add cost and logistical complexity to community-scale adaptation strategies, making it harder to form and manage geological hazard abatement districts, negotiate buyouts, and implement conservation easements, and making it more difficult to minimize hazards and protect coastal resources in the future.
Lastly, allowing subdivisions in vulnerable areas may negatively impact coastal resources and public access. Coastal resources such as beaches and wetlands will migrate and naturally adapt due to future coastal erosion and sea level rise conditions. Increased residential density and intensity of use along the shoreline and in vulnerable areas may impact coastal resources through, for example, “coastal squeeze” where shoreline development prevents beaches and bluffs from migrating inland, which causes the narrowing and eventual loss of beaches, dunes, and other shoreline habitats as well as the loss of offshore recreational areas. Having fewer structures on relatively larger lots may allow more opportunities for those structures to adapt—for example, by being moved to other parts of the lot that are safer. Depending on the geography and other site-specific conditions, creating additional, smaller lots with more structures may reduce this adaptive capacity.
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9 In light of the potential hazards and coastal resource impacts associated with subdivision in areas vulnerable to sea level rise, many local governments have avoided such land divisions. For example, Policy 7-2 of the City of Half Moon Bay’s Local Coastal LUP limits “subdivisions in areas vulnerable to environmental hazards, including as may be exacerbated by climate change, by prohibiting any new land divisions, including subdivisions, lot splits, and lot line adjustments that create new building sites unless specific criteria [are] met that ensure that when the subject lots are developed, the development will not be exposed to hazards, pose any risks to protection of coastal resources, or create or contribute to geologic instability.” Likewise, San Mateo County’s LCP Implementation Plan (IP) requires applications for proposed subdivisions to include a development footprint analysis that comprehensively evaluates site development constraints and potential impacts, including sea level rise impacts, prior to approval of subdivision parcel maps. These LCP policies allow lot splits, such as those authorized by Government Code § 66411.7, but only when consistent with the Coastal Act.
c. Identifying areas vulnerable to sea level rise
The best available, up-to-date scientific information about coastal hazards and sea level rise should be used to determine whether proposals for lot splits and new residential units in areas vulnerable to sea level rise are consistent with the Coastal Act and LCP provisions. Local governments and applicants should refer to the SLR Guidance when conducting this analysis.
Step 1: Identify sea level rise projections. First, identify the best available, locally-relevant sea level rise projections. In line with statewide guidance, the Commission currently recognizes the Ocean Protection Council’s 2018 State Sea-Level Rise Guidance as the best available science on sea level rise projections for California.
xTide gauges. Appendix G of the SLR Guidance includes sea level rise projections for every 10 years from 2030 to 2150 for 12 tide gauges along the California coast; the projections from the closest tide gauge to the project site should be used. xPlanning horizon. Hazard analyses typically evaluate potential hazards for the expected life of the development. Some LCPs include a specified design life for new types of development. If no specified time frame is provided, a time frame may be chosen based on the type of development. For proposed development of new residential units, it is generally appropriate to analyze sea level rise impacts for at least the expected life of the proposed structure(s), often 75-100 years for residential structures, as described in Chapter 6 of the SLR Guidance. Although situations may vary, local governments and applicants should typically use a longer planning horizon of at least 100 years for lot splits because, as described in subsection (b), land divisions are expected to be permanent, unlike many other kinds of development, and have a limited ability to adapt.
xRisk aversion scenario. Evaluate impacts from the “medium-high risk aversion” scenario, as described in Chapters 5 and 6 of the SLR Guidance. The SLR Guidance recommends Council Agenda 2-15-2022 11.A-36
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10 that all communities evaluate the impacts from the “medium-high risk aversion” scenario (p. 76), and that residential structures and projects with greater consequences and/or a lower ability to adapt use this projection scenario (p. 102). In addition, impacts under other risk aversion scenarios may be helpful to analyze.
Step 2: Analyze the physical effects of sea level rise. Analyze the following hazards under the medium-high risk aversion scenario: erosion of beaches, bluffs, cliffs, and other landforms; tidal inundation of shoreline areas; flooding (wave run-up and storm impacts); and saltwater intrusion and groundwater impacts, consistent with the SLR Guidance and Coastal Act and LCP requirements.
Step 3: Assess impacts to future development and coastal resources. Determine whether the proposed residential units and/or potential building sites on new parcels are vulnerable to sea level rise impacts.
Step 4: Determine whether proposed development is appropriate. Lastly, determine whether the proposed development is consistent with the LCP and Coastal Act as proposed, or can be made consistent with design modifications, adaptive strategies, or other conditions.
Development of new residential units in areas projected to be impacted by sea level rise may be inconsistent with the Coastal Act or LCPs if adaptive strategies cannot minimize the risk of hazards and protect coastal resources, as discussed in subsection (a). Lot splits may be inconsistent with the Coastal Act or LCP policies if they occur in areas projected to be impacted by the hazards associated with sea level rise over the next 100+ years under the medium-high risk aversion scenario, as discussed in subsection (b). As described in the SLR Guidance, local governments should consider whether to “[p]rohibit any new land divisions, including subdivisions [and] lot splits . . . that create new beachfront or blufftop lots unless the lots can meet specific criteria that ensure that when the lots are developed, the development will not be exposed to hazards or pose any risks to protection of coastal resources.” (SLR Guidance, p. 130.) A lot split may be appropriate if the project site is not projected to be impacted by sea level rise hazards for the longest time frame feasible, typically at least 100 years, and is otherwise consistent with the LCP and Coastal Act.
V. Local Government Application of SB 9 in the Coastal Zone a. Update applicable LCP provisions
Local governments in the coastal zone are required to comply with both the Coastal Act and, to the extent they do not conflict with Coastal Act requirements, the new SB 9 requirements.
Currently certified provisions of LCPs are not superseded by Government Code Sections 65852.21 and 66411.7 and continue to apply to CDP applications until an LCP amendment is adopted. Where LCP provisions directly conflict with the new Government Code provisions or require refinement to be consistent with the new laws, those LCP provisions should be updated to be consistent with SB 9 to the greatest extent feasible while still complying with Coastal Act Council Agenda 2-15-2022 11.A-37
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11 requirements. As discussed above, when updating LCP policies to account for SB 9, local governments should also consider how proposed lot splits and residential development might impact public access, sensitive habitats, recreation areas, and other coastal resources. Local governments should also consider new LCP provisions that limit or prohibit subdivisions in areas vulnerable to sea level rise, and that appropriately account for coastal hazards and coastal resource impacts, including as exacerbated or associated with sea level rise, for new residential development.
Although a public hearing is not required under SB 9, public notice requirements still apply. LCP amendment applications should specify how local and Coastal Act public notice requirements will be fulfilled, including the notice requirements for: (a) pending action to interested parties prior to a local decision, and (b) notice of final action to the Commission and those who have requested such notice after a local decision. LCP amendment applications should specify the procedures for issuing a Final Local Action Notice (FLAN) for local decisions on applications for development that are appealable to the Commission. Some LCP amendments may qualify for streamlined review as minor or de minimis amendments. (Pub. Res. Code § 30514(d); Cal. Code Regs., tit. 14, § 13554.)
b. Review SB 9 applications consistent with the Coastal Act/LCP and SB 9 Local governments should generally follow the below process when considering proposed SB 9 projects outside of areas that are potentially vulnerable to sea level rise.
Review Prior CDP History. First, determine whether a CDP or other form of Coastal Act authorization was previously issued for development of the site and whether that CDP and/or authorization limits, or requires a CDP or CDP amendment for, changes to the approved development or for future development or uses of the site. The applicant should contact the appropriate Commission district office if a Commission-issued CDP and/or authorization limits the applicant’s ability to apply to construct two or fewer residential units or split the lot.
Consider Possible Expedited Permitting Processes. Second, and only if an application proposes to undertake development in an area where it will be consistent with LCP and Coastal Act hazard and coastal resource protection policies, consider whether any expedited permitting processes, such as waivers or administrative permits, are available. If a local government’s LCP includes a waiver provision, and the proposed lot split and/or residential unit development proposal meets the criteria for a CDP waiver, the local government may issue a CDP waiver in place of a CDP. The Commission has generally allowed a CDP waiver only when the Executive Director determines that the proposed development is de minimis (i.e., it is development that has no potential for any individual or cumulative adverse effect on coastal resources and is consistent with all Chapter 3 policies of the Coastal Act). Such a finding can typically be made when the proposed project has been sited, designed, and limited in such a way as to ensure any potential impacts to coastal resources are avoided (such as through habitat and/or hazards setbacks, provision of adequate off-street parking to ensure that public access to the coast is Council Agenda 2-15-2022 11.A-38
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12 not impacted, etc.). (See Pub. Res. Code § 30624.7.) Projects that qualify for a CDP waiver typically allow for a substantially reduced evaluation process and streamlined approval.
It may be appropriate for local governments to use waivers to approve applications in both appealable and non-appealable areas to streamline permitting.3 Local governments interested in exploring this option should consult with Commission staff. LCP amendment applications that propose to allow waivers in appealable areas should ensure that there are proper procedures for notifying the public and the Commission of approvals for individual, appealable waivers (such as Final Local Action Notices) so that the proper appeal period can be set, and any appeals received are properly considered.4
Require and Review a CDP Application. Lastly, if a proposal is not eligible for a waiver or similar expedited process authorized by the Coastal Act and the certified LCP, including because it is located in an area potentially subject to coastal hazards and/or future sea level rise hazards, it requires a CDP. (Pub. Res. Code § 30600.) The CDP must be consistent with the requirements of the certified LCP and any relevant policies of the Coastal Act. Local governments must provide all required public notice for any CDP applications for development covered by SB 9 and process the application pursuant to LCP requirements, but local governments are not required to hold public hearings. (Gov. Code §§ 65852.21(k); 66411.7(o).) Once the local government has made a CDP decision, it must send the required final local action notice of that decision to the appropriate Commission district office. If the CDP decision on the proposed project is appealable, a local government action to approve a CDP for the proposed project may be appealed to the Commission. (Pub. Res. Code § 30603.)
3 Most, if not all, LCPs with CDP waiver provisions do not allow for waivers in areas where local CDP decisions are appealable to the Coastal Commission. There have been a variety of reasons for this in the past, including that the Commission’s regulations require that local governments hold a public hearing for all applications for appealable development (14 Cal. Code Regs § 13566), and also that development in such areas tends to raise more coastal resource concerns and that waivers may therefore not be appropriate. However, under SB 9 provisions, public hearings are not required for qualifying development. Because of this, the above-described public hearing issue would not be a concern, so it could be appropriate for LCPs to allow CDP waivers in both appealable and non-appealable areas at least related to this criterion. Local governments should consult with Commission staff should they consider proposing CDP waiver provisions in their LCP.
4 The development authorized by SB 9—specifically, residential lot splits and development of new residential units that change the intensity of use—are not types of development that the Commission has typically found to be exempt from CDP requirements as improvements to single-family residences. (See Pub. Res. Code § 30610; Cal. Code Regs., tit. 14, § 13250(a).) In addition, any development that is not designated as the principal permitted use under the approved zoning ordinance or zoning district map—such as lot splits—is appealable to the Commission. (Pub. Res. Code § 30603(a)(4).) Council Agenda 2-15-2022 11.A-39
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13 VI. Conclusion
The Commission strongly supports increased access to affordable housing and increased residential density in the coastal zone. For new housing to be a long-term solution to the housing shortage, it must be sited and designed to be safe from hazards, such as sea level rise, and to not have significant adverse effects on coastal resources. Local governments should review their LCPs to determine what changes are necessary to implement SB 9 in a manner that is consistent with the Coastal Act and appropriate for local geography, and prepare and submit LCP amendments to the Commission as soon as is feasible.
This document was developed using federal financial assistance provided by the Coastal Zone Management Act, as amended, under award NA19NOS4190073, administered by the Office for Coastal Management, National Oceanic and Atmospheric Administration, U.S. Department of Commerce. The statements, findings, conclusions, and recommendations are those of the author and do not necessarily reflect the views of the National Oceanic and Atmospheric Administration or the U.S. Department of Commerce.
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A
SUBJECT/TITLE:
DIRECTION ON JAMES WAY BEAUTIFICATION PROJECT
RECOMMENDATION:
Provide staff with direction on how to proceed with a James Way Beautification Project.
BACKGROUND:
One of the City Council’s top goals is to “build on the strength of our local community to preserve the City’s ‘Classic California’ charm and ensure an exceptional quality of life for residents.” The priorities for this goal over the next two years are to:
Invest in neighborhoods, including road, sidewalk, and park improvements Relocate tennis courts located at the site of the future public safety center and add basketball courts/pickleball courts to offer improved recreational opportunities for residents at the new site
Complete updates to the Local Coastal Plan, General Plan and Zoning Ordinance, emphasizing issues important to the community, such as managed growth, appropriate design, and neighborhood preservation
Engage the community and communicate the benefits of a visitor economy to quality of life for residents (e.g., tourism, hospitality)
Evaluate the locations and potential expansion of recreation programs to meet community needs (i.e., mobile home community centers)
Implement community beautification strategies (e.g., James Way Beautification Plan), and establishing City policy about tree planting programs Evaluate the option of assessment districts to address major infrastructure improvements (e.g., Shell Beach drainage, undergrounding utilities) Deliver exceptional services to the public
On November 16, 2021, staff presented results from the James Way Beautification Public Workshop, which was held on October 21, 2021, to the City Council.
Based on a review of this feedback from the community, the City Council directed staff to install more trash cans, benches, and Mutt Mitt Stations and to return with a “menu” of options including approximate costs for the following items:
Installation of planter boxes at intersections
Removing the existing concrete tree wells and replacing with flush tree grates Removing concrete tree wells and filling with concrete Repairing concrete tree wells
Planting new trees in empty tree wells
Staff immediately began the process to install benches, trash cans and Mutt Mitt stations.
Additionally, on January 18, 2022, staff recommended a James Way Beautification Council Agenda 2-15-2022 12.A-1
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project to the City Council that included the following additional improvements that were both responsive to citizen input and met the goals of the project description provided by the City Council:
Installation of all 18, 15-foot end of block planter boxes Installation of all 50 missing trees (staff estimates that 20% of the tree wells may have concrete under them that would have to removed)
Repair 20 of the most damaged tree wells
This project had an estimated cost of $544,116. Staff also provided an alternative project that would install the following:
Installation of 8 of the 18, 15-foot end of block planter boxes Installation of all 50 missing trees (staff estimates that 20% of the tree wells may have concrete under them that would have to removed)
Repair 20 of the most damaged tree wells
The alternate project had an estimated project cost of $313,716. The City Council discussed the recommended project, including options for amending the project, received public input, and directed staff to enlist the help of a landscape architect (LA) and come back with a project that would remove all of the concrete between the existing fence line and sidewalk, and to turn that area into a planter which was flush with the sidewalk on the ocean side of the street only. The Council’s direction was to have the LA prepare a rendering of what a section of the corridor would look like with the new planter planted with trees and drought tolerant and/or native plants.
Since the January 18, 2022 meeting, staff has been working with Bianca Koenig of BEK Collective, who has over 18 years’ experience as a professional LA throughout California, including San Luis Obispo, Santa Barbara, and Monterey Counties working with both public and private sector clients. Staff also prepared an engineer’s estimate for the probable cost of the project.
Proposed Project
The proposed project would remove the concrete from between the fence line and back of sidewalk on the ocean side of the street, excavate/evaluate existing soil and amend and/or replace it with appropriate growing medium to provide a suitable growing medium for the new plants. The project spans from Shamrock Lane (Hilton Garden Inn) to Crest Drive (Post Office) and is approximately 4,000 linear feet long and would install approximately 20,000 square feet of new landscaping and 66 trees. By comparison, the Shell Beach Streetscape Project is also approximately 4,000 linear feet long and installed 8,000 square feet of landscaping and 83 trees. A rendering of the proposed project is provided in Attachment 1, with two different options for the street trees. Attachment 2 is a letter from BEK Collective explaining the different plants that were selected for the project and explaining the need for irrigation for both plant establishment and ongoing plant care.
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The rendering demonstrates that the project being presented would make a drastic improvement to the Streetscape along James Way. It would add to the appeal of the neighborhood by adding substantial drought tolerant landscaping that would enhance the aesthetic of the corridor by adding textured color and hiding the private fencing. The proposed landscaping is appropriate for the coastal environment, is lower maintenance, and even though permanent irrigation is required, it would require infrequent watering once the landscaping has taken root.
Table 1 below shows the estimated costs of the various options proposed for James Way.
Table 1. Estimated Costs for James Way Improvements
Item
No. Item Unit of
Measure
Estimated
Quantity
Item Price Total
(in figures) (in figures)
1 Erosion Control LS 1 $5,000.00 $5,000.00
2 Pedestrian/Traffic Control LS 1 $5,000.00 $5,000.00
3 Sawcut 4,000 LF x 2 LF 8,000 $3.60 $28,800.00
4 Demo existing planter boxes EA 50 $700.00 $35,000.00
5 Demo 5' wide concrete (4,000 LF x
5' wide) SF 20,000 $3.50 $70,000.00
6 Plant New Trees every 60' (4,000
LF) EA 67 $500.00 $33,500.00
7 Soil Preparation and Amendments SF 20,000 $2.50 $50,000.00 8 Irrigation SF 20,000 $20.00 $400,000.00
9 Landscaping SF 20,000 $10.00 $200,000.00
10 Hot tap 10" water main EA 4 $3,219.00 $12,876.00
11 Irrigation Controllers, with SS
Pedestal EA 4 $7,500.00 $30,000.00
12 Water Meter and Box EA 4 $1,700.00 $6,800.00
13 Bonds, Mobilization, Insurance and
Miscellaneous (5% of Construction
Costs)
LS 1 $43,848.80 $43,848.80
Subtotal $920,824.80
14 Design, Plans and Specs (10% of
Construction Costs) LS 1 $92,082.48 $92,082.48
15 Contingency (15% Construction
Costs) LS 1 $138,123.72 $138,123.72
16 Project Administration (20%
Construction Costs) LS 1 $184,164.96 $184,164.96
17 Inflation (10% Construction Costs) LS 1 $92,082.48 $92,082.48 18 1 Year Maintenance SF 20,000 $0.20 $4,000.00
TOTAL CONSTRUCTION BID ESTIMATE $1,431,278.44
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Table 2 below shows the cost of the items which staff has already moved forward with.
Table 2. Cost for In-Progress
Item Total
Number
Cost Per
Item Total Cost
Install trash cans 10 $1,800 $18,000
Install re-purposed benches 7 $300 $2,100
Install new benches 7 $1,500 $10,500
Install Mutt Mitt Stations ($900/year to restock) 4 $250 $1,000 Total $31,600
Recommendation
Staff recommends that the City Council discuss options for the James Way Beautification Project and provide staff with direction on how to proceed. The project before the Council would make a significant impact to the beautification of this neighborhood and is consistent with the City Council’s goal of beautifying the community.
FISCAL IMPACT:
There is no immediate fiscal impact to providing staff with direction on how to proceed.
However, the following provides the potential fiscal impact if Council approved the proposed project.
The FY 2022 General Fund Adopted Budget includes $300,000 for the James Way Beautification project. Staff estimates that the project presented could cost $1,466,608 based on the estimated costs for the project components, leaving a $1,166,608 budget shortfall. The following table lists the various recommended project costs.
Recommended Project Budget $300,000
Postcard mailers for public workshop $1,230
Trash cans, benches and Mutt Mitt Stations $31,600
BEK Collective $2,500
Proposed Project $1,431,278
Estimated Project Total $1,466,608
Projected Budget Short Fall ($1,166,608)
In addition to the $1,166,608 needed to complete the project, there would be an additional ongoing financial obligation of $4,000 per year for landscape maintenance and $200 for cellular service for SCADA communication with the irrigation controllers.
In order to support the proposed budget shortfall, staff could use General Fund unassigned fund balance to support this project. There are adequate funds available for this purpose.
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ALTERNATIVES:
1. Provide staff direction on a different project.
ATTACHMENTS:
1. James Way Beautification Renderings
2. Cover letter from BEK Collective
Submitted by: Meeting Date: February 15, 2022
Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
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Bianca E. Koenig, PLA, ASLA Principal Landscape Architect BEK Collective PO Box 708 Cayucos, CA 93430 February 4, 2022 Ben Fine Director of Public Works / City Engineer City of Pismo Beach 760 Mattie Road Pismo Beach, CA 93449 Re: James Way Beauti ication - Approach to Landscape Improvements Dear Mr. Fine: Thank you for the opportunity to share my experience and recommendations for the James Way Beauti ication Project. James Way serves as a major conduit for Pismo Beach, linking community members to essential services through the quintessential, rolling terrain of the Central Coast and delightful views of the Paci ic Ocean beyond. Pedestrians, joggers, bicyclists, and automobiles all share the street scene among a Class II bikeway, attached sidewalk, the rhythm of raised planters, and a backdrop of wood, privacy fencing. Benches and trash receptacles were recently added to bring architectural character and a consistent, visual connection to the amenities of Downtown Pismo Beach. In order to prioritize the pedestrian scale and continue to develop a sense of place, the next step towards enhancing the streetscape would include landscaping. The potential area for landscaping extends approximately 4,000 linear feet and occupies a width of approximately four feet between the back of sidewalk and the privacy fencing. This width represents an area suitable for small to mid size shrubs at maturity. In addition, it comes with the challenges of an urban setting with impacts from heat island effect due to the large amount of adjacent hardscape, exhaust from motorized vehicles, partial shade conditions, and landscaping must also perform in a high visibility area with views from auto, bike and pedestrian traf ic. In this highly visible, publicly maintained area, goals for landscape performance may include:
● Drought tolerant, climate suitable plants
● Easy to maintain
● Year-round aesthetic interest
● Quick establishment period
● Non-invasive but resilient plant materials
● Avoid sharps and thorns
● Support pride in place
BELONGING
ENGAGEMENT
KINDNESS
805 550-7448
bekcollective.com
PO BOX 708, CAYUCOS, CA 93430
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To serve the above goals, the landscape approach would be best accomplished with ornamental plantings from container grown nursery stock. When working with container grown nursery stock, the plants travel from the nursery (where they typically receive weekly waterings since germination) to the jobsite. Depending on plant selection and local weather conditions, nursery grown plants will require supplemental irrigation at a minimum, for an establishment period of about 2-5 years. In addition, shrubs, groundcovers, and especially trees will also require supplemental irrigation during successive years of drought conditions. The most ef icient and reliable method for delivering supplemental irrigation will require installation of a permanent irrigation system. Please note: even “temporary”irrigation systems require the same infrastructure and equipment as a permanent irrigation system. An investment in a permanent irrigation system allows for maintenance requirements that are consistent with best management practices and within the typical scope of work and experience of landscape maintenance staff. With an irrigation system in place, water can be applied with great ef iciency and reliability to each plant from the touch of a button. Relying on hand watering for establishment and drought conditions requires weather monitoring, labor hours, additional travel, and an inconsistent application of water. From past experience, this more often than not results in the loss of plant material and/or landscaping not performing at desired expectations for visual appearance. For a large-scale, high-pro ile project such as James Way, I highly recommend a permanent irrigation system to protect your investment in plant material, to minimize water use, and to help maintain expectations for quality and aesthetics of the landscape. The attached renderings were prepared with the following plant species in mind. These plants can be found performing reliably throughout Pismo Beach and were selected based on all of the goals itemized above. Proposed plant selections may include: Crassula ovata - Jade Plant, Asparagus densi lorus ‘Myers’ - Myers Asparagus, and Senecio serpens - Blue Chalksticks. For tree selections, the artist’s renderings are intended to represent Pyrus kawakamii - Evergreen Pear and Syagrus romanzof iana - Queen Palm. Succulent varieties (Jade and Chalk Sticks) offer great ability for long-term drought resistance, tolerance of variable sun/shade conditions, ease of maintenance, and bring a coastal character to the landscape design. The Asparagus fern also provides those same attributes and brings a color and texture contrast for heightened interest along the streetscape. Two tree types (Evergreen Pear and Queen Palm) are proposed as options for screening or highlighting distant views where appropriate along the streetscape. There are certainly many choices for determining the inal approach to improving James Way. Based on the goals stated above, I would like to propose those itemized herein and in attached exhibits. I am happy to respond to any questions or feedback you may have. I commend the City for investing in the environmental and social health of their public spaces and look forward to the beauti ication of James Way.
Sincerely,
Bianca E. Koenig, PLA, ASLA Principal Landscape Architect CA Lic. No. 5081
BELONGING
ENGAGEMENT
KINDNESS
805 550-7448
bekcollective.com
PO BOX 708, CAYUCOS, CA 93430
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B
SUBJECT/TITLE:
RISK MANAGEMENT ANNUAL REPORT
RECOMMENDATION:
Receive the 2021 Risk Management Annual Report as information.
BACKGROUND
The City of Pismo Beach Risk Management Program includes policies, programs, insurance, and risk pool coverage to minimize the City's risk exposure from employee injury claims, third-party liability claims, or property loss.
The California Joint Powers Insurance Authority (CJPIA) is the City's provider of Risk Management Services. Their services include the coverage for Liability, Workers' Compensation and Property Insurance claims. In addition, the CJPIA works closely with the City's Risk Manager to review and develop the City's Risk Management programs and policies toward the goal of controlling costs and risk exposure to the City. The CJPIA acts as the City's agent in claims processing and litigation and provides the City with regulatory safety training to meet Occupational Safety and Health Administration (OSHA) requirements as well as best practice and development training. In addition to this direct support and coordination with the City of Pismo Beach, the CJPIA evaluates trends in claims exposure across the pool and develops programs for its members.
The City's Three Major Risk Management Programs
The City's Risk Management program is very comprehensive and has received high marks from CJPIA. The Program has three areas of focus: workers' compensation, general liability, and insurance against property loss.
Workers' Compensation Program
This program is designed toward ensuring employee safety and reducing employee injury through proactive activities including:
Safety policies and programs.
Staff training as required by OSHA to improve safe work practices. Regularly scheduled workplace safety evaluations and safety meetings. Prompt reporting of all workplace injuries that includes a documented assessment by the supervisor on ways to prevent future injury.
Quarterly City Safety Steering Committee meetings to review injuries and safety training requirements, develop safety incentive programs, and review site inspections. Working with York Insurance Services for claims administration and case management.
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General Liability Program
This program includes identifying the areas of risk exposure for the City and developing or maintaining programs that will minimize or mitigate liability exposure. General liability is any claim against the City including, but not limited to vehicle accidents, trip-and-falls, sewage backup, and errors and omissions.
Property Insurance
The third component of the City's Risk Management program includes insurance coverage for City property, automobiles, and revenue loss, and a restitution program to pursue reimbursement for damages from third parties.
Risk Assessment/Loss Cap Program
With the goal of minimizing the City's risk exposure, the CJPIA conducts regular Risk Assessments approximately every three years. This program both reviews and makes recommendations for corrections to:
City policies and programs
Contract language
Public Facilities including sidewalks, streets, parks and buildings Insurance requirements
Training programs and procedures for City staff
The City's assessments also include a regular review of claims by the City's Risk Manager and City Attorney, in an effort to learn from and identify areas for correction to prevent future exposure.
Reporting and Claims History
The City's cost of insurance is calculated on both the City's losses, and based on size of payroll, the CJPIA pool losses.
The CJPIA provides the City with claims status reports on the City's General Liability and Workers' Compensation Claims. The Overview reports summarize the claims history over a five-year period, the category or cause of the claim, cost centers, and a comparison to other agencies of a comparable size. The five-year claims history is used in calculating the City's premiums. The City's claims are reviewed by the City's Risk Manager, Safety Steering Committee, and City Attorney, in an effort to learn from and identify areas for correction to prevent future exposure.
Annual Update
The City Council's continued commitment to Risk Management supports staff efforts to update programs and infrastructure, which will continue to reduce or mitigate the City's liability in claims and litigation. Key projects and programs for 2022 included:
1. Virtual Training: Efforts to maintain and improve the City's safety program will continue through quarterly Safety Steering Committee meetings, department-led safety meetings and inspections, policy development, and safety training. Our Council Agenda 2-15-2022 12.B-2
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training for the last two years has been made possible through virtual offerings by CJPIA, Leibert Cassidy Whitmore, and other training partners. As in-person training becomes available, staff is evaluating the ability to have a hybrid solution moving forward. There are efficiencies gained by not having commute time, however, there has been an impact on professional networking, which is often relied upon between agencies.
2. Workers' Compensation Claims: The total number of workers' compensation claims in the policy year 2020/21 was 18, which included a closure of 5 claims.
The average severity was $3,557, which is -233% less than the pool for the Authority. The City partners with its assigned CJPIA Regional Risk Manager, Tim Karcz, to continue its work with a focus on applicable trainings and safe working practices aimed at improving worker safety. The City was recognized as the CJPIA’s most outstanding agency for managing workers’ compensation claims last year! The City’s employees deserve a great deal of credit as this drives down costs.
3. General Liability Claims: The City had 30 total liability claims for the policy year, 11 of which were closed at no cost to the City. The remaining claims incurred an average severity of $67,135 including what is reserved but not yet paid.
4. Focus on the future: The City continues to aggressively pursue best practices and identify solutions to reduce General Liability, Workers' Compensation and Property Insurance exposure. Additionally, staff continues to track and follow legislation that impacts the future of claims against the City and employee safety.
FISCAL IMPACT:
There is no fiscal impact associated with receiving this report.
ALTERNATIVES:
1. Request more information from staff.
ATTACHMENTS:
None.
Prepared by: Meeting Date: February 15, 2022
Jorge Garcia, Assistant City Manager
City Manager Approval:
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.C
SUBJECT/TITLE:
CONSIDERATION OF OPTIONS FOR PROFESSIONAL SERVICES RELATED TO
CHAPMAN ESTATE ACCESSIBILITY AND WATERPROOFING IMPROVEMENTS
RECOMMENDATION:
Consider options and provide direction on the Chapman Estate accessibility and waterproofing improvements.
BACKGROUND:
The Chapman Estate is a unique property in the city, consisting of a large public site with ocean frontage and expansive grounds. Since the City Council accepted the Estate in 2013, efforts have been ongoing to respectfully use the grounds in accordance with the wishes of the late owner, Clifford Chapman. On April 20, 2021, City Council approved Amendment #3 to the Conditional Use Permit (CUP) for the Chapman Estate to modify the limit on the number of events, hours of operation, and other similar operational items for use of the Chapman Estate as a cultural center. As the City has moved forward with making the Estate available for use, it was determined that two items needed to be addressed in order to have the Estate available for event rentals by the Fall of 2022. The Estate would need to have waterproofing work done on the roof and windows, and an accessible restroom would need to be constructed. The City Council desired such improvements to be made and allocated $600,000 from the General Fund.
In July 2021, the City entered into a Professional Services Agreement with CRSA Architecture to perform design and development work for various improvements at the Chapman Estate, including the roof replacement, ADA restrooms and window replacements. This contract was executed under the City Manager’s authority in line with the City’s Purchasing Policy. Due to a corporate reorganization, CRSA Architecture became Hunter Smith & Associates, Inc. This change was documented in a Novation to the original contract on October 13, 2021. Hunter Smith has continued to work on the project and has submitted a proposal for additional services based on requirements that were identified during the City’s review of plans. The proposed contract Amendment #1 (Attachment 1.A) includes additional work on each of the three projects, detailed below.
Roof Replacement
The Estate has been sustaining water damage and the roof replacement was prioritized due to its condition and the time of year for construction. As is typical for a reroofing project, a building permit was required prior to moving forward with construction. During the permitting process, the City’s Building Division required additional on-site structural inspections due to the age and condition of the building. The construction of the roof is currently in progress and is expected to be completed around the end of the month. The additional on-site structural inspections are included in the proposed Amendment #1.
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Due to the fact that Hunter Smith has been working on the project up to this point, staff has determined that it is most efficient to continue to use their services rather than select another firm to start the process over and get up to speed, and as such Hunter Smith is considered a sole-source vendor with their prior work on the project. Alternatively, staff could issue an RFP to select a vendor to do this work. That process would entail an additional two to three months for the selection process and delay the overall project timeline, which could mean the estate grounds would not be able to be opened when the events season comes in April. In addition, additional costs would be incurred to bring a new consultant up to speed.
The proposed contract Amendment #1 (Attachment 1.A) with Hunter Smith includes the roof project in an amount not to exceed $36,850 related to on-site structural observation of existing roof sheathing based on inspection requirements from the City’s Building Division. The full amount of the roof portion of the amendment may not be fully expended, but that will not be determined until project nears completion.
ADA Restrooms
The second priority for opening the Estate to open fully to the public by the fall is construction of an accessible (ADA) restroom. Initially the architect, Steven Puglisi Architects, Inc. donated his time to prepare drawings of the ADA restroom. Those drawings were produced, and it was then determined that more detailed construction drawings were needed to be able to submit for a building permit. In July 2021, a contract was executed with Steven Puglisi to prepare those more detailed drawings. In order to keep the project on the timeframe Council requested, staff requested that Hunter Smith assist in reviewing those drawings.
The proposed contract Amendment #1 (Attachment 1.A) with Hunter Smith includes the ADA restroom project in an amount not to exceed $5,400 to continue to assist staff with reviewing the plans and keeping the project on track to have the Estate opened with completed ADA restrooms by the fall. Staff believes it is most efficient to continue to utilize Hunter Smith for this work, however a formal RFP could be issued. That process would entail an additional two to three months for the selection process and push the overall project timeline, which would mean the estate would not be able to be opened by the fall.
In addition, additional costs would be incurred to bring a new consultant up to speed.
Window Replacement
The third project needed to make the Estate both accessible and waterproof, is replacing windows that are leaking and causing water damage to the building. Staff has been working with Pella Window Company, which has indicated that it is willing to donate at least half of the windows, if not all of the windows, approximately a $200,000 value. Pella had concerns that there were not adequate construction documents for installation of the windows. Staff, along with Hunter Smith, have met with Pella on site and discussed the replacements. These meetings, along with Hunter Smith’s expertise and work to date, has given Pella a level of comfort to move forward with the project and donation.
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The proposed contract Amendment #1 (Attachment 1.A) with Hunter Smith includes the window replacement project in an amount not to exceed $21,500 to prepare construction documents for the window replacement and keeping the project on track to have the Estate opened with completed waterproofing by the next rainy season in the late fall.
Based on the fact that Hunter Smith, Pella, and members of the Chapman Foundation have been working together and are invested in the project, it would be most cost- and time-effective to continue to have Hunter Smith work on this portion of the project. A formal RFP could be issued, but that process would add an additional two to three months for the selection process and would mean the Estate would likely not be waterproof by the expected rains in the fall. In addition, additional costs would be incurred to bring a new consultant up to speed.
It is also possible that a delay in preparing construction documents may cause Pella to no longer be interested in the donation potentially increasing the project cost significantly.
If the windows are not replaced at this time, there will continue to be water damage to the facility and ongoing maintenance and costs for the leaking windows. If Council does not move forward with the window replacement at this time, it would need to be done in the future and would likely cost more based on additional damage that will occur over time.
Conclusion and Recommendation
Staff recommends the Council review the three current projects, consider options for moving forward with making the Estate accessible and waterproof and provide direction to staff. Should the Council determine to authorize the City Manager to execute Amendment #1 with Hunter Smith & Associates, a resolution (Attachment 1) has been prepared for that purpose.
FISCAL IMPACT:
When the original budget for the Chapman roof, ADA restroom, and windows were considered, Council appropriated all $382,600 of the Chapman Trust funds and $600,000 from the General Fund to support this project. At that time, staff only had costs for the roof repair, but did not have clear estimates on what the ADA restroom and windows would cost without further work. With some of the Hunter Smith work and further work by City staff, staff has a preliminary estimate on the ADA restroom and window work. Staff currently estimates that all three projects could cost $1,488,963, leaving a projected budget shortfall of $506,363. However, this cost will not be firmed up until staff goes out to bid for these projects and returns to Council.
Staff has identified the three options shown below for proceeding with the Chapman Estate project.
Option 1 – Roof, ADA Restrooms and Window Replacement
The City Council could adopt a Resolution (Attachment 1) authorizing the proposed amendment in its entirety. The fiscal impact of approving the attached Resolution is an additional $63,750 of additional expenditures, including $36,850 for the Chapman roof project and $26,900 for the Chapman ADA restroom and windows project. These funds are already included in the Chapman roof project budgeted in the Capital Projects Fund Council Agenda 2-15-2022 12.C-3
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(supported by the Chapman Estate Fund) and the Chapman Improvements project budget (supported by the General Fund).
If Council moves forward with Option 1, the roof project would be completed, and the ADA restrooms and window replacement would be moved into the construction bid phase. Staff has estimated a construction cost for both the ADA restroom and the window replacement, which could require approximately $506,363 from the General Fund to complete. This amount would be determined by the actual bids received and staff would return to Council to award a construction contract and appropriate the funds at that time.
Option 2 – Roof and ADA Restrooms
The City Council could move forward with only the roof ($36,850) and ADA restroom ($5,400) portion of the project. This would bring the total Hunter Smith amendment cost to $42,250. Based on the current budget, staff estimates an additional $69,863 from the General Fund would be required to complete the construction of the ADA restrooms. That amount would be based on actual bids received, and staff would return to Council to award a contract and appropriate funds at that time. The window replacement would not move forward. There has already been a significant amount of work done on the windows, as the windows and roof are closely related. The windows that need to be replaced would continue to leak and require ongoing maintenance, the cost of which is unknown at this time.
Option 3 – Roof Only
The City Council could move forward with only the roof ($36,850) portion of the project.
The total cost of the Hunter Smith amendment would be $36,850, and this would allow the roof project to be completed. These funds are already included in the Chapman roof project budgeted in the Capital Projects Fund (supported by the Chapman Estate Fund) and would require no additional budget. However, stopping work on the design of the ADA restrooms would mean that the City would not be able to hold events at the Estate that do not want to use portable toilets. The expected revenues from those rentals would not be realized. In addition, as outlined in Option 2, stopping work on the window replacement may mean that Pella Window Company no longer donates the windows and the windows in poor condition will continue to leak, requiring ongoing maintenance due to ongoing water damage to the building.
The following table illustrates the costs for each option.
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Proposed Budget Adjustments
If the Council directs staff to move forward with Option 1, then staff recommends that Council appropriate a $506,363 General Fund transfer to the Chapman Estate Fund and appropriate an additional $506,363 in expenditures for the ADA restroom and windows project in the Chapman Estate Fund in fiscal year (FY) 2022, including any related transfers between funds.
If the Council directs staff to move forward with Option 2, then staff recommends that Council appropriate a $69,863 General Fund transfer to the Chapman Estate Fund and appropriate an additional $69,863 in expenditures for the ADA restroom project in the Chapman Estate Fund in FY 2022, including any related transfers between funds.
If Council directs staff to move forward with Option 3, then staff will come back to Council at a later date to determine how to best use some of those funds for maintenance on the leaking windows and to support operations of the Estate without the ability to generate private event revenues.
ALTERNATIVES:
1. Approve a portion of Amendment #1, including the roof and ADA restroom.
2. Approve a portion of Amendment #1, including only the roof.
3. Decline approval of Amendment #1; provide staff with direction on how to proceed.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: Proposed Hunter Smith Contract Amendment #1 Prepared by: Meeting Date: February 15, 2022
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
Option 1 Option 2 Option 3
General Fund Support 600,000$ 600,000$ 600,000$ Chapman Estate Trust 382,600 382,600 382,600 Total Revenues 982,600$ 982,600$ 982,600$
Roof 582,600$ 582,600$ 582,600$
ADA restroom 469,863 469,863
Windows 436,500
Total Projected Expenditures 1,488,963$ 1,052,463$ 582,600$ Projected Budget
(Shortfall)/Surplus (506,363)$ (69,863)$ 400,000$ Council Agenda 2-15-2022 12.C-5
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RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #1
TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH HUNTER SMITH & ASSOCIATES, INC. FOR DESIGN, DEVELOPMENT AND CONSTRUCTION
ADMINISTRATION FOR CHAPMAN ESTATE IMPROVEMENTS IN THE AMOUNT OF $63,750; AND APPROPRIATING RELATED BUDGET ADJUSTMENTS
WHEREAS, in July 2021, the City entered into a Professional Services Agreement with CRSA Architecture to perform design and development work for various improvements at the Chapman Estate; and
WHEREAS, due to a corporate reorganization, CRSA Architecture became Hunter Smith & Associates, Inc. (Hunter Smith); and
WHEREAS, Hunter Smith has submitted a proposal for additional services based on City plan check comments; and
WHEREAS, the proposed contract Amendment #1 covers additional work related to on- site structural observation of existing roof sheathing, review of architectural plans provided by a separate consultant, and preparing construction documents including addressing requirements for the window replacement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #1 (Exhibit A) to the existing Professional Services Agreement with Hunter Smith & Associates, Inc. for Design, Development and Construction Administration for Chapman Estate Improvements in the amount of $63,750.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates a $506,363 transfer from the General Fund to the Chapman Estate Fund and appropriates an additional $506,363 in expenditures for the ADA restroom and windows project in the Chapman Estate Fund in fiscal year 2022, including any related transfers between funds.
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 15th day of February 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Council Agenda 2-15-2022 12.C-6
Attachment 1
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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 2-15-2022 12.C-7
Attachment 1
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AMENDMENT # 1
to the
JULY 27, 2021 AGREEMENT BETWEEN THE CITY OF PISMO BEACH AND HUNTER SMITH & ASSOCIATES, INC.
Pursuant to the July 27, 2021 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and Hunter Smith & Associates, Inc., hereinafter referred to as “Vendor,” City and Vendor hereby agree as follows:
1. Additional services shall be performed as set forth in the proposal dated January 19, 2022, which is attached hereto and by this reference made a part hereof.
2. Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of sixty-three thousand seven hundred fifty dollars ($63,750), without prior written approval of the City.
3. The revised fee under the July 27, 2021 contract, plus this addendum, is ninety-two thousand two hundred fifty dollars ($92,250).
4. All other provisions of the Design/Development Work for Chapman Estate Improvements agreement between City and Vendor shall remain in full force and effect.
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Benjamin A. Fine, P.E.
Title: Director of Public Works/City Engineer
Dated: ________________________________
Signed:
Name: James R. Lewis
Title: City Manager
Dated: ________________________________
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
VENDOR:
Hunter Smith & Associates, Inc.
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
(if changed from prior agreement)
______________________________________
______________________________________
Email address for official communications:
(if changed from prior agreement)
______________________________________
Vendor Representative:
(if changed from prior agreement)
Name/Title: ____________________________
Attachment: Scope/Cost Proposal
Council Agenda 2-15-2022 12.C-8
Attachment 1A
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VIA E-MAIL
January 19, 2022
City of Pismo Beach
℅ Chad Stoehr
760 Mattie Road
Pismo Beach CA 93449
Re: Request for Additional Funds for the Chapman House Project
PROJECT LOCATION
The Chapman House
1243 Ocean Blvd.
Shell Beach CA 93449
SCOPE OF WORK
Perform Construction Administration required by the City’s plan check comments, requiring the following:
1. On-site structural observation of existing roof sheathing to verify its condition prior to installation of the radiant barrier. Sheathing will be removed and inspected on a phased basis, requiring frequent site visits.
2.Construction Documents for the ADA restroom remodel, including the contractor bidding process.
3. Construction Documents for the window replacements, including the contractor bidding process.
EXCLUSIONS
Construction administration, submittal reviews, and structural observations for the ADA restroom and window replacements after contractor bidding.
COMPENSATION
To accomplish the Scope of Work, the Owner will compensate Hunter Smith & Associates, Inc.
DBA Hunter Smith Architecture on an hourly basis with a total not to exceed sixty-three thousand, seven-hundred fifty dollars ($63,750).
860 Walnut Street, Suite B. San Luis Obispo CA 93401
(O) (805) 544-3380 (F) (805) 544-8625
www.huntersmitharchitecture.comCouncil Agenda 2-15-2022 12.C-9 Attachment 1A
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Work will be completed at the following hourly rates:
Principal Architect $225
Associate Architect $187.50
Architectural Designer $175
We appreciate the opportunity to work with the City of Pismo Beach, and look forward to continuing our work together.
Sincerely,
Logan Hunter
860 Walnut Street, Suite B. San Luis Obispo CA 93401
(O) (805) 544-3380 (F) (805) 544-8625
www.huntersmitharchitecture.comCouncil Agenda 2-15-2022 12.C-10 Attachment 1A
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.D
SUBJECT/TITLE:
REMOVE CENSURE OF COUNCIL MEMBER MARCIA GUTHRIE
RECOMMENDATION:
Approve a motion to remove the censure of Council Member Marcia Guthrie and other restrictions and restore her Committee Assignments.
BACKGROUND:
The City Council censured Council Member Guthrie one year ago (February 16, 2021) for a Brown Act violation which resulted in the loss of her committee assignments along with the imposition of various restrictions.
Conclusion and Recommendation by the Mayor and Mayor Pro Tem The Mayor and Mayor Pro Tem recommend that the Council by motion remove the censure and other restrictions and restore her committee assignments.
FISCAL IMPACT:
There is no fiscal impact associated with ending the censure.
ALTERNATIVES:
1.The Council could modify the given recommendations or take no action.
ATTACHMENTS:
None
Prepared by: Meeting Date: February 15, 2022
Ed Waage, Mayor and Mary Ann Reiss, Mayor Pro Tem
Submitted by: Ed Waage, Mayor
12.D-1Council Agenda 2-15-2022
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