AGENDA
Pismo Beach City Council
Tuesday, June 21, 2022
Zoom Meeting ID: 848 2371 5585 - Phone Number (669) 900-6833 Zoom Meeting Link https://us02web.zoom.us/j/84823715585
Regular Meeting in-person access: No in-person access permitted
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, these meetings are being conducted in a fully virtual format. Updated ways to watch this meeting and submit public comment are provided below.
Watch and participate via Zoom:
Regular Meeting: Click this link on any computer or mobile device: https://us02web.zoom.us/j/84823715585 .
This URL may also be typed into a web browser.
To make public comment, press the “raise your hand” button when the comment period for your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.
Listen and participate via telephone:
Regular Meeting: Call 1-669-900-6833 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:
Regular Meeting: Visit www.pismobeach.org/agenda and scroll to “Upcoming Events.” When the live broadcast begins, an “In Progress” link will appear; click this link to watch the livestream.
Watch on Channel 20:
Regular Meeting: Tune to local cable channel 20 in Pismo Beach; the meeting will be broadcast live. Meetings are also replayed at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day the following week.
Submit written comment:
In advance of the meeting, written comments may be emailed to [email protected] or mailed or delivered to the City Clerk’s Office, 760 Mattie Road, Pismo Beach, CA 93449. Comment submitted via email after the start of the meeting may not be fully considered prior to any action taken on the item.
Submit voicemail comment:
Regular Meeting: Call 805-773-7005 and leave a voicemail before the meeting; or during the meeting no later than the start of the comment period for your item of interest. This phone number is an automated voicemail line only and will not be answered or monitored for other purposes.
Please note:
Meetings may begin a few minutes after the scheduled start time. Meetings will be recorded, except closed sessions; these recordings are public record. Phone numbers of call-in participants 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 6-21-2022
Pismo Beach City Council Agenda June 21, 2022
Regular Meeting—5:30 p.m.
To be Held Virtually
Zoom Meeting ID: 848 2371 5585 – Phone 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
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 6-21-2022
Pismo Beach City Council Agenda June 21, 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 (Guthrie)
12. Integrated Waste 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 (Guthrie)
21. Zone 3 Water Advisory Committee, SLO (Guthrie)
(Govt Code Section 53232.3)
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 from June 7, 2022 Closed and Regular Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:
1.Approve the Summary of Payroll Register for June 5, 2022;
2.Approve the Register of Demands for May 20, 2022 and May 27, 2022.
Item 9.C: Department Activity Reports for May 2022 (All) Recommendation:
Receive reports as information only.
Item 9.D: Update on March 16, 2020 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:
No action required, information only.
Item 9.E: Proposition 1 Groundwater Grant Program Funding Agreement with the State Water Resources Control Board and Designation of
Representatives for Central Coast Blue (Fine)
Recommendation:
Adopt a Resolution authorizing staff to enter into a Proposition 1 Groundwater Grant Program funding agreement with the State Water Resources Control Board and authorizing and designating representatives for Central Coast Blue.
Council Agenda 6-21-2022
Pismo Beach City Council Agenda June 21, 2022
Item 9.F: Award of Contract to Engel & Gray, Inc. for Biosolids Composting (Fine)
Recommendation:
Adopt a Resolution authorizing the exemption from formal bidding procedures and authorizing the City Manager to enter into a Professional Services Agreement with Engel & Gray, Inc. in the amount of $130,000 per year for three years.
Item 9.G: Agreement with Ellison Schneider Harris & Donlan LLP for Legal Services (Fleishman)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into an Agreement with Ellison Schneider Harris & Donlan, LLC to provide water law legal services.
Item 9.H: Revised San Luis Obispo County Integrated Waste Management Authority (IWMA) Second Amended and Restated Joint Powers Agreement (Lewis)
Recommendation:
Adopt a Resolution authorizing the Mayor to execute the revised Second Amended and Restated Joint Powers Agreement to establish an Integrated Waste Management Authority for the cities of San Luis Obispo County, California.
Item 9.I: 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:
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.
Council Agenda 6-21-2022
Pismo Beach City Council Agenda June 21, 2022
Item 11.A: Protest Hearing for Declaration of Properties as Non-Compliant for Weed and Rubbish Abatement (Lee)
Recommendation:
Conduct a public hearing to hear protests from property owners whose properties have been identified as non-compliant for weed abatement.
12. BUSINESS ITEMS May be reordered and heard prior to Public Hearings
Item 12.A: Short-Term Rental Regulations and Enforcement (Downing)
Recommendation:
1. Receive a report and provide direction to staff on potential changes to the City’s Short-Term Rental regulations.
2. Should changes to the Short-Term Rental regulations be desired, adopt an Urgency Ordinance imposing a moratorium on the issuance of Short- Term Rental licenses pursuant to Government Code Section 65858.
Item 12.B: Highway 1/Dolliver Street Relinquishment and Sidewalk Update (Fine)
Recommendation:
Receive an update on the relinquishment process and provide staff direction on how to proceed with respect to sidewalk gaps on Mattie Road and Dolliver Street.
Item 12.C: Amendment of the City’s Classification Plan to Include Four New Classifications and Update Two Existing Job Classifications; Appropriation of Funds as Required to Cover Ongoing Costs of Five Additional Full-Time Positions (Garcia)
Recommendation:
Adopt a Resolution amending the City’s Classification Plan to include four new full-time job classifications, updating existing classifications for Utility Manager and Facilities Manager, and appropriating funds to cover ongoing costs for five full-time positions effective June 21, 2022.
Item 12.D: Memorandum of Understanding Between the Pismo Beach Service Employees International Union Local 620 (SEIU) and the City of Pismo Beach (Garcia)
Recommendation:
Adopt a Resolution approving a new three-year Successor Memorandum of Understanding (MOU) with the Service Employees International Union Local 620 (SEIU) for Fiscal Years 2023, 2024, and 2025, and appropriating funds as required to cover costs.
Council Agenda 6-21-2022
Pismo Beach City Council Agenda June 21, 2022
Item 12.E: Three-Year Resolution Establishing Wages and Benefits for Full-Time Non-Represented Employees; Resolution Establishing Salary Schedule for Part-Time Employees (Garcia)
Recommendation:
1. Adopt a Resolution approving salaries and benefits for a three-year term (Fiscal Years 2023, 2024, and 2025) for non-represented full-time City employees and appropriating funds as required to cover costs;
2. Adopt a Resolution approving salary schedules for non-represented part- time City employees and appropriating funds as required to cover costs; and
3. Approve the updated Combined Salary Schedule.
Item 12.F: Review of Council Expense Reimbursement and Compensation Practices (Garcia)
Recommendation:
Receive a report on the City’s practices with respect to expense reimbursement and compensation for City Council Members, and provide direction if desired.
Item 12.G: Agreement with AmpSurf for the Title Sponsorship of the 2022 ISA World Para Surfing Championship (Jackson)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into an agreement with the Association of Amputee Surfers for the Title Sponsorship of the 2022 ISA World Para Surfing Championships, in an amount not to exceed $175,400, and appropriating related budget adjustments in Fiscal Year 2023.
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 in a hybrid in-person / virtual format unless otherwise noted:
Meeting Time Date Location
Regular Meeting Tuesday, July 5, 2022 CANCELLED
Regular Meeting 5:30 p.m. Tuesday, July 19, 2022 Council Chamber, City Hall Regular Council meetings will adjourn by 11:00 p.m. unless four-fifths of the Council votes to continue past that time. If the meeting is adjourned at 11:00 p.m., any remaining agenda items will be continued to the next regular meeting (R-97-04).
AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the June 21, 2022 meeting(s) of the Pismo Beach City Council was posted on June 16, 2022, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.
Erica Inderlied, City Clerk
Council Agenda 6-21-2022
Pismo Beach City Council Agenda June 21, 2022
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. 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 6-21-2022
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.A
` SUBJECT/TITLE:
ADOPTION OF MEETING MINUTES
RECOMMENDATION:
Adopt Minutes of the June 7, 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.Minutes of the June 7, 2022 Closed and Regular Meeting Submitted by: Erica Inderlied, City Clerk Meeting Date: June 21, 2022 City Manager Approval:
9.A-1Council Agenda 6-21-2022
Packet Page 1
DRAFT MINUTES
Pismo Beach City Council
Tuesday, June 7, 2022
Special Closed Session—5:00 p.m.
Meeting Held Virtually
The City Council of the City of Pismo Beach met this date in a special closed session with Mayor Waage presiding.
CALL TO ORDER: Mayor Waage called the meeting to order at 5:00 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:
David Fleishman, City Attorney (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
City Attorney Fleishman announced the Closed Session item listed below.
Item 3.A: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: Santa Maria Valley Water Conservation District v. City of Santa Maria, et al., Santa Clara County Superior Court Case No. 1-97-CV- 770214
9.A-2Council Agenda 6-21-2022
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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 5:17 p.m., to the 5:30 p.m. Regular Meeting.
9.A-3Council Agenda 6-21-2022
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: 5:30 p.m.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage (via teleconference) None
Mayor Pro Tem Mary Ann Reiss (via teleconference)
Council Member Sheila Blake (via teleconference)
Council Member Marcia Guthrie (via teleconference)
Council Member Scott Newton (via teleconference)
Staff Present:
Matt Downing, Community Development Director (via teleconference) Eric Eldridge, Senior Engineer (via teleconference)
Nadia Feeser, Administrative Services Director (via teleconference) David Fleishman, City Attorney (via teleconference)
Jorge Garcia, Assistant City Manager (via teleconference) Erica Inderlied, City Clerk (via teleconference)
Gordon Jackson, Director of Tourism and Events (via teleconference) Paul Lee, Battalion Chief (via teleconference)
James R. Lewis, City Manager (via teleconference)
Jeff Smith, Chief of Police (via teleconference)
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was not conducted.
3. ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
4. PRESENTATIONS
Item 4.A: Proclamation: Hunger Awareness Day (SLO Food Bank)
Presented to Claire Levine, SLO Food Bank
9.A-4Council Agenda 6-21-2022
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Item 4.B: Proclamation: Juneteenth Day (NAACP SLO County)
Presented to Cheryl Vines NAACP San Luis Obispo County
Item 4.C: Presentation: Homeless Action Plan Update (SLO County)
Presented by Wade Horton, San Luis Obispo County Chief Administrative Officer, and Joe Dzvonik, San Luis Obispo County Principal Admin Analyst and Homeless Program Manager.
5. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
6. CITY MANAGER’S REPORT
City Manager Lewis commented on various topics.
7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman reported that the Council had taken no reportable action during its 5:00 p.m. Closed Session.
8. COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:
Council Member Newton:
San Luis Obispo County Integrated Waste Management Authority (IWMA) Board.
Mayor Waage:
San Luis Obispo County Community Fire Safe Council.
9. CONSENT CALENDAR
Call for public comment: No comment.
Council Member Blake requested that Item 9.L: Amendment #2 to Agreement with Mary McGrath Architects for Professional Services for the Public Safety Facility Project be pulled for discussion.
9.A-5Council Agenda 6-21-2022
Attachment 1
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Action: Adopt Consent Calendar.
Motion: Reiss
Second: Blake
Vote: The motion passed on the following vote (Items 9.A through 9.K, and 9.M):
Ayes: 5 Reiss, Blake, Guthrie, Newton, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
Adopt Minutes of the of the May 17, 2022 Special, Closed, and Regular Meetings.
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for May 8, 2022 and May 22, 2022;
2. Approve the Register of Demands for May 6, 2022 and May 13, 2022.
Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for April 2022 of FY 2021-2022 (Feeser)
Recommendation:
No action required; information only.
Item 9.D: Fiscal Year 2023 Appropriations Limit (Gann Limit) for the City of Pismo Beach (Feeser)
Recommendation:
Adopt a Resolution accepting the Fiscal Year 2023 Appropriations Limit for the City of Pismo Beach.
Legislative Record: Resolution R-2022-044 adopted.
9.A-6Council Agenda 6-21-2022
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Item 9.E: Setting the Water Service Special Tax Rate for Fiscal Year 2023 at $214.48, and Approving Posting of Said Tax to the County Assessment Roll (Feeser)
Recommendation:
Adopt a Resolution approving the updated Engineer’s
Parcel/Equivalent Dwelling Unit (EUD) Table, seeing the water service special tax rate for Fiscal Year 2023 at $214.48, and approving posting of said tax to the County assessment roll per Government Code Section 50077(b).
Legislative Record: Resolution R-2022-045 adopted.
Item 9.F: Traffic Safety Committee Recommendations to City Council (Fine)
Recommendation:
1. Adopt a Resolution authorizing the installation of a double yellow line around the knuckle, chevrons, and stenciling “SLOW” on the street at the corner of Shamrock Lane and Irish Way; and authorizing associated updates to the Striping Atlas;
2. Adopt a Resolution authorizing the installation of a 3-way stop sign on Frady Lane and the entrance to the City Corporation Yard, with appropriate MUTCD advanced warning signage; and authorizing associated updates to the Striping Atlas;
3. Receive a report on the items considered at the most recent Traffic Safety Committee meeting.
Legislative Record: Resolution R-2022-046 adopted.
Legislative Record: Resolution R-2022-047 adopted.
Item 9.G: Agreement with Olin Corp for Supply of Sodium Hypochlorite (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into an agreement with Olin Corporation, dba Olin Chlor Alkali Products and Vinyls (Olin Corp) in the amount of $2.083 per gallon, not to exceed $103,109.00 in Fiscal Year 2023, to provide sodium hypochlorite for the Wastewater Treatment Plant, and appropriating related budget adjustments.
Legislative Record: Resolution R-2022-048 adopted.
9.A-7Council Agenda 6-21-2022
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Item 9.H: Calling November 8, 2022 General Municipal Election; Request to Board of Supervisors for Consolidation (Inderlied)
Recommendation:
1. Adopt a Resolution calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the laws of the state of California relating to general law cities;
2. Adopt a Resolution requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 8, 2022 with the statewide general election to be held on the date, pursuant to Elections Code Section 10403.
Legislative Record: Resolution R-2022-049 adopted.
Legislative Record: Resolution R-2022-050 adopted.
Item 9.I: Agreement with CleanStreet LLC for Street Sweeping Services (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with CleanStreet, LLC in the amount of $164,982.60 annually to provide Street Sweeping through July 2026, and appropriating related budget adjustments.
Legislative Record: Resolution R-2022-051 adopted.
Item 9.J: Notice of Completion for the Pismo Beach Storm Drain Project (Fine)
Recommendation:
Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the Pismo Beach Storm Drain Project.
9.A-8Council Agenda 6-21-2022
Attachment 1
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Item 9.K: Authorize the City Manager to Enter into an Agreement with Badawi & Associates to Provide Professional Financial Auditing Services in the Amount of $123,568 for the City of Pismo Beach for Fiscal Years 2022 Through 2024 (Feeser)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into an agreement with Badawi & Associates to provide professional financial auditing services for in the amount of $123,568 for the City of Pismo Beach for Fiscal Years 2022 through 2024.
Legislative Record: Resolution R-2022-052 adopted.
Item 9.L: Amendment #2 to Agreement with Mary McGrath Architects for Professional Services for the Public Safety Facility Project (Garcia)
Pulled from the Consent Calendar for discussion.
Item 9.M: 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:
• State or local officials continue to impose or recommend measures to promote social distancing.
10. ITEMS PULLED FROM CONSENT
Item 9.L: Amendment #2 to Agreement with Mary McGrath Architects for Professional Services for the Public Safety Facility Project (Garcia)
Recommendation: Adopt a Resolution authorizing the City Manager to execute Amendment #2 to the existing Professional Services Agreement with Mary McGrath Architects for Criteria and Bridging Documents for the Police and Fire Public Safety Facility in the amount of $22,500.
Presenting staff:
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
9.A-9Council Agenda 6-21-2022
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Guest presenters:
Mary McGrath, Mary McGrath Architects
Call for public comment:
Stacy Inman commented.
Action: Adopt a Resolution authorizing the City Manager to execute Amendment #2 to the existing Professional Services Agreement with Mary McGrath Architects for Criteria and Bridging Documents for the Police and Fire Public Safety Facility in the amount of $22,500.
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes: 3 Guthrie, Newton, Reiss
Noes: 2 Blake, Waage
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-053 adopted.
11. PUBLIC HEARINGS
Item 11.A: Appeal of Planning Commission Approval of a Coastal Development Permit to Construct a Tunnel Complex, Cabana, Garage, and Pool, and Categorical Exemption (P21-000087); Location: 114 Bluff Drive; The Project is Located in the Coastal Appeal Zone and is Appealable to the California Coastal Commission; APN 010-562-010 (Downing)
Recommendation: Adopt a Resolution denying the appeal and upholding the April 26, 2022, Planning Commission approval of a Coastal Development Permit and Architectural Review Permit (P21-000087) for the construction of a 2,156-square-foot tunnel complex with a new garage and elevator to access a new 2,040-square-foot cabana and 1,157-square-foot pool deck and pool upslope of an existing single-family residence at 114 Bluff Drive, and adopting Categorical Exemption No. 2022-009.
Presenting staff:
Matt Downing, Community Development Director
James R. Lewis, City Manager
9.A-10Council Agenda 6-21-2022
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Appeal Hearing / Call for public comment:
The following spoke:
Carol McCloskey, Applicant’s Representative
Scott Lewis, Applicant’s Representative
Don Love, Applicant’s Representative
Nicole Frank, Appellant
Ben Kulick, Applicant’s Representative
Nicole Frank, Appellant
Action: Adopt a Resolution denying the appeal and upholding the April 26, 2022, Planning Commission approval of a Coastal Development Permit and Architectural Review Permit (P21-000087) for the construction of a 2,156- square-foot tunnel complex with a new garage and elevator to access a new 2,040-square-foot cabana and 1,157-square-foot pool deck and pool upslope of an existing single-family residence at 114 Bluff Drive, and adopting Categorical Exemption No. 2022-009.
Motion: Newton
Second: Guthre
Vote: The motion passed on the following vote:
Ayes: 5 Newton, Guthrie, Blake, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-054 adopted.
12. BUSINESS ITEMS
Item 12.A: Fire Department Semi Annual Report (Lee)
Recommendation: Receive Fire Department briefing.
Presenting staff:
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Call for public comment: No comment.
Action: No action.
9.A-11Council Agenda 6-21-2022
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Packet Page 11
Item 12.B: Contract with Cal Fire for Pismo Beach Fire Department Staffing and Operations Services for Fiscal Years 2023 Through 2025 (Feeser)
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a three-year contract with the California Department of Forestry and Fire Protection (Cal Fire) for Pismo Beach Fire Department staffing and operations services in the amount of $9,010,236 for Fiscal Years 2023 through 2025.
Presenting staff:
Nadia Feeser, Administrative Services Director
James R. Lewis, City Manager
Call for public comment: No comment.
Action: Adopt a Resolution authorizing the City Manager to enter into a three-year contract with the California Department of Forestry and Fire Protection (Cal Fire) for Pismo Beach Fire Department staffing and operations services in the amount of $9,010,236 for Fiscal Years 2023 through 2025.
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-2022-055 adopted.
Item 12.C: Agreement with Sun Ridge Systems for the Replacement of Police Department Computer-Aided Dispatch and Records Management System (Smith)
Recommendation: Adopt a Resolution authorizing the City Manager to enter into an agreement with Sun Ridge Systems Inc. for the replacement of the Police Department’s Computer-Aided Dispatch (CAD) system and the Records Management System (RMS) in the amount of $251,598, and appropriating related budget adjustments in Fiscal Year 2023.
Presenting staff:
James R. Lewis, City Manager
Jeff Smith, Chief of Police
9.A-12Council Agenda 6-21-2022
Attachment 1
Packet Page 12
Call for public comment: No comment.
Action: Adopt a Resolution authorizing the City Manager to enter into an agreement with Sun Ridge Systems Inc. for the replacement of the Police Department’s Computer-Aided Dispatch (CAD) system and the Records Management System (RMS) in the amount of $251,598, and appropriating related budget adjustments in Fiscal Year 2023.
Motion: Newton
Second: Blake
Vote: The motion passed on the following vote:
Ayes: 5 Newton, Blake, Guthrie Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-056 adopted.
13. CITY COUNCIL COMMENTS AND REQUESTS
No requests.
14. ADJOURNMENT
At 7:42 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
9.A-13Council Agenda 6-21-2022
Attachment 1
Packet Page 13
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.B
SUBJECT/TITLE:
PAYROLL REGISTER AND REGISTER OF DEMANDS
RECOMMENDATION:
1. Approve the Summary of Payroll Register for June 5, 2022;
2. Approve the Register of Demands for May 20, 2022 and May 27, 2022.
BACKGROUND:
Attached are the Summary of Payroll Register(s) and Register(s) of Demands (Check Registers) noted above, provided for Council approval.
FISCAL IMPACT:
As demonstrated in the attached payroll and check registers.
ALTERNATIVES:
1.Request additional information from staff.
ATTACHMENTS:
1.Payroll Summary
2.Register of Demands
Submitted by: Meeting Date: June 21, 2022
Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:
11.B-1Council Agenda 6-21-2022
Packet Page 14
FOR PERIOD ENDING 06/05/22
CHECKS DATED 06/10/22
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 10
ACH 13
EARNINGS
REGULAR 341,441.80
HOLIDAY 3,798.29
OVERTIME (Includes Comp Time Payouts)21,695.58
Administration ‐
Building ‐
Conference & Visitors Bureau ‐
Police Department 16,004.23
Parking ‐
Engineering ‐
Fire ‐
Recreation 69.27
Public Works 2,585.33
Water 1,851.08
Wastewater 700.00
Motor Vehicles 485.67
Subtotal‐Overtime 21,695.58$
SALARY ADJUSTMENTS ‐
TRAINING / UNIFORM ALLOWANCE 13,354.00
OTHER EARNINGS 15,830.01
$396,119.68
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 36,009.80
FICA & MEDICARE 30,095.71
STATE INCOME TAX 12,668.33
STATE DISABILITY INSURANCE 4,185.08
GARNISHMENTS 692.76
HEALTH 1,627.11
SUPPLEMENTAL DISABILITY 1,630.48
SECTION 125 2,530.64
PERS 30,661.03
DEFERRED COMPENSATION 9,617.76
ADDITIONAL LIFE INSURANCE 296.17
UNION DUES 2,468.28
PISMO ATHLETIC CLUB 285.00
OTHER
NET PAYROLL $263,351.53
DIRECT DEPOSIT DEDUCTION 256,313.75
NET PAYROLL AFTER ACH DEPOSIT 7,037.78
SUMMARY PAYROLL REGISTER
Attachment 1
11.B-2Council Agenda 6-21-2022
Packet Page 15
City of Pismo Beach
Final Disbursement List Check Date 05/20/2022
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
ACH 10002 Internal Revenue Service
05/20/2022 91,853.71$ Federal Income Tax PD 05/13/22
ACH 11224 Richards, Watson, Gershon Attorneys At Law
05/20/2022 16,337.44 Professional Legal Services March 2022 ACH 11305 Public Employees Retirement System
05/20/2022 63,815.52 PERS Retirement EE & ER PD 05/13/22 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 05/20/2022 19,641.43 ICMA 457 Deferred Comp PD 05/13/22 ACH 12305 Franchise Tax Board
05/20/2022 16,153.20 SDI & State Income Tax PD 05/13/22 ACH 12360 CalPERS 457 Plan
05/20/2022 187.50 457 Deferred Comp PD 05/13/22
ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA 05/20/2022 370.00 ICMA Roth IRA PD 05/13/22 ACH 12944 Leaf
05/20/2022 1,231.19 Monthly Copier Lease May 2022
ACH 13455 Wex 05/20/2022 587.36 Fuel for City Vehicles 04/07/22 - 05/06/22 122335 14186 AAAA Engineering Contracting, Inc
05/20/2022 108,745.51 Storm Drain Project - Change Order Billing 122336 10434 Abalone Coast Analytical Inc
05/20/2022 112.00 Water Analysis
122337 12275 Airgas West Inc
05/20/2022 198.73 Cylinder Rental April 2022
122338 12437 All Clear Pool & Spa Repair
05/20/2022 180.00 Pool Maintenance Chapman Estate Apr 2022 122339 11509 American Industrial Supply
05/20/2022 522.00 Safety Equipment - Public Works
122340 11382 Applied Technology Group, Inc.
05/20/2022 605.26 Radio Coupler for Mobile Command Vehicle 122341 14337 Arclight Media
05/20/2022 175.00 Refund: Withdrawal of Volleyball #10857 122342 13278 AT&T 9391059148
05/20/2022 1,489.21 Phone Bill - 04/10/22 - 05/09/22
122343 13460 AT&T Mobility 287284035974 05/20/2022 1,130.19 Phone and Wireless Services April 2022 122344 11589 Austin's Wet Pets and Pond Maintenance, Inc 05/20/2022 140.00 Pond Maintenance Apr 2022 - Chapman Estate 122345 11483 Baker Manock & Jensen Attorneys At Law
05/20/2022 2,064.23 Professional Legal Services March 2022 122346 12841 Robert Brenman
05/20/2022 28.75 Senior Dance Band Member 05/09//22
122347 10028 Brisco Mill & Lumber Yard
05/20/2022 84.76 Maintenance Supplies
122348 14335 Elliot Bybee
05/20/2022 6.82 Refund: Processing Fee for cancelled class # 10862 122349 10269 Carquest Auto Parts
05/20/2022 579.11 Vehicle Maintenance Supplies
122350 13951 Central Coast Portables
05/20/2022 255.22 Portable Toilet Rental
122351 11451 Channel Islands Technology Integrators' Group 05/20/2022 2,153.03 Professional IT Services
122352 11231 Coastal Peaks Coffee
05/20/2022 254.50 Coffee Supplies
122353 11227 Cole Chrysler Dodge
05/20/2022 1,298.22 VP Vehicle Maintenance
122354 14142 Crosno Construction, Inc.
05/20/2022 243,834.06 Shell Beach Reservoir #1 Replacement Project 122355 11893 CRS West, Inc-SLO
05/20/2022 625.94 Printing Supplies
122356 14313 Culligan/Santa Maria
05/20/2022 108.18 Drinking Water Apr 2022
122357 12628 Dell Marketing LP
05/20/2022 2,319.52 PD Computer Purchase
122358 14217 Deltina Coffee Roasters
05/20/2022 62.50 Coffee Supplies
122359 12307 Department Of Justice
05/20/2022 256.00 Fingerprint Services March 2022
122360 12790 Diversified Project Services International 05/20/2022 3,974.92 Storm Drain - April 2022
122361 10128 Eagle Collision Repair, Inc
05/20/2022 4,815.18 WW181 Body Damage Repairs
122362 12123 Farm Supply
05/20/2022 49.05 Maintenance Supplies
122363 13450 Franchise Tax Board-Tax Withholding
05/20/2022 692.76 Tax Withholding Order PD 05/13/22
122364 13588 Kenneth John Guge III
05/20/2022 112.00 Central Coast Judo 4/4/22 - 4/27/22 # 10854 122365 11977 Dan Hall
05/20/2022 100.80 Yoga with Dan May 2022 # 10826
122366 11612 Harris Computer Systems Corp
05/20/2022 6,510.66 Wintergrate Software Systems Nov 2021 - June 2022 122367 11412 Harvey's Honey Huts
05/20/2022 950.08 Portable Toilet Rental - Chapman Estate 122368 10377 Hdl, Coren & Cone
05/20/2022 2,297.87 Contract Services Property Tax: April - June 2022 122369 11828 Gordon Jackson
05/20/2022 378.00 M&IE: IPW 2022 Orlando FL 6/4/22 - 6/9/22 122370 10474 Joseph Wolosz
05/20/2022 6,500.00 Wolosz Parking Lot Lease - June 2022 122371 14339 Craig Kincaid
05/20/2022 200.00 Music for Chapman Neighborhood Event 5/6/22 122372 14260 Vaughn Koligian
05/20/2022 6,000.00 Release Landscape Bond B19-000302
122373 14125 Natalie Lancor
05/20/2022 300.00 May 2022 PCV Clam Painting
122374 10175 Life-Assist, Inc.
05/20/2022 399.13 Medical Supplies - Fire
122375 13768 Mark Schwind Electric, Inc.
05/20/2022 2,510.00 Labor and Materials - St. Judes Tunnel Electrical 122376 12279 McMaster Carr
05/20/2022 1,744.49 Bypass Pump Accessory
122377 12090 Mier Bros. Landscape Products
05/20/2022 154.09 Landscape Maintenance Supplies
122378 10097 Miners Hardware
05/20/2022 869.53 Maintenance Supplies
122379 10039 New Times
05/20/2022 212.00 Legal Notice Advertising
122380 12199 Noble Saw, Inc
05/20/2022 240.72 Power Equipment Maintenance
122381 14327 O'Connor & Sons, Inc
05/20/2022 3,950.00 PBVH Termite Fumigation/Tenting
122382 12270 Office Depot
05/20/2022 459.49 Office Supplies
122383 12315 Pacific Gas & Electric Company
05/20/2022 3,156.34 Electricity 04/07/22 - 05/05/22
122384 13149 Pismo Beach Lifeguard Association
05/20/2022 5.00 Lifeguard Dues PD 05/13/22
122385 10673 Pismo Beach Volleyball Club
05/20/2022 9,170.00 Pismo Beach Volleyball Club May 2022 # 10857 122386 12022 Pismo Beach Police Officer's Association
05/20/2022 1,506.15 POA Dues PD 05/13/22
122387 12335 Procare Janitorial Supply Inc
05/20/2022 3,843.13 Janitorial Supplies
122388 14201 Procare Medical Supplies
05/20/2022 1,195.00 Gloves - PD
122389 13796 ReadyRefresh by Nestle
05/20/2022 256.95 Drinking Water Apr 2022 -WasteWater
122390 14306 Gary Rossi
05/20/2022 28.75 Senior Dance Band Member 05/09//22
122391 14049 San Luis Obispo Coast Wine Collective
05/20/2022 4,200.00 SLO Coast Wine Collective Membership 2022 Attachment 2
11.B-3Council Agenda 6-21-2022
Packet Page 16
City of Pismo Beach
Final Disbursement List Check Date 05/20/2022
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
122392 14338 Robert Santa Cruz
05/20/2022 500.00 Performers: Hacienda Del Pismo 5/20/22 122393 13994 SBRK Finance Holdings, Inc.
05/20/2022 498.50 CivicPay IVR Transaction Fees Apr 2022 122394 10170 Scott-Merriman, Inc
05/20/2022 1,701.00 Parking Citations
122395 11208 SEIU Local 620 AFL/CIO
05/20/2022 944.46 SEIU Dues PD 05/13/22
122396 13913 Silvas Oil Co., Inc
05/20/2022 10,340.98 Diesel & Unleaded Fuel Deliveries 04/26/2022 122397 10533 SLO County Sheriff Department
05/20/2022 3,485.66 CLETS Invoicing for 2022
122398 13427 Spanish Grover Beach Congregation- Jehovah Witnes 05/20/2022 250.00 Refund: Rental Deposit PBVH 4/15/22
122399 12806 Donald G. Stever
05/20/2022 28.75 Senior Dance Band Member 05/09//22
122400 12461 TJA Advertising 05/20/2022 72,944.94 CVB/LBID Advertising and Promotion March 2022 122401 12924 Traffic Management Inc
05/20/2022 1,007.03 Street Signs & Hardware
122402 12415 Transitions Mental Health Association
05/20/2022 26.00 Refund: Rental Overpayment PBVH 6/3/22 122403 11165 Tri County Office Furniture
05/20/2022 384.44 Office Furniture - Finance
122404 12620 Uline
05/20/2022 70.97 Fire Extinguisher Mounting Brackets
122405 12622 USA Bluebook Acct: 82507
05/20/2022 617.54 Lab Supplies
122406 10507 V & V Manufacturing
05/20/2022 1,124.36 PD Flat badges (paid for by employees) 122407 14115 Vanir Construction Mgmt, Inc.
05/20/2022 9,202.00 Construction Mgmt - Safety Facility March 2022 122408 14034 Vital Records Holdings, LLC
05/20/2022 119.95 Document Storage May 2022
122409 13617 Debra D. Warden
05/20/2022 212.52 Adopt-A-Bench Plaque: Fischer
122410 12132 White Flag Pest Control Inc
05/20/2022 986.00 Pest Control Services
Total 748,633.28
Attachment 2
11.B-4Council Agenda 6-21-2022
Packet Page 17
City of Pismo Beach
Final Disbursement List Check Date 05/27/2022
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
ACH 10002 Internal Revenue Service 05/27/2022 90,995.64$ Federal Income Tax PD 05/27/22 ACH 10371 Visit SLO County 05/27/2022 157,145.69 TMD Payments March 2022 ACH 11305 Public Employees Retirement System 05/27/2022 62,301.80 PERS Retirement EE & ER PD 05/27/22 ACH 12017 Vantagepoint Transfer Agents 05/27/2022 10,123.00 Retiree Health Premiums ‐ June 2022 ACH 12211 CA. Public Emp Retirement Sys 05/27/2022 112,355.80 Medical Insurance ‐ June 2022 ACH 12260 dba: Mission Square ICMA Retirement Trust ‐ 457 05/27/2022 19,563.93 ICMA 457 Deferred Comp PD 05/27/22 ACH 12305 Franchise Tax Board 05/27/2022 16,189.67 SDI & State Income Tax PD 05/27/22 ACH 12360 CalPERS 457 Plan 05/27/2022 187.50 457 Deferred Comp PD 05/27/22 ACH 12708 dba: Mission Square ICMA Retirement Trust‐Roth IRA 05/27/2022 360.00 ICMA Roth IRA PD 05/27/22 ACH 14257 Igoe Administrative Services 05/27/2022 4,792.53 IGOE FSA & DDS Reimbursement May 2022 ACH 14257 Igoe Administrative Services 05/27/2022 715.90 IGOE FSA & DDS Reimbursement May 2022 122411 UB*00894 CINDY ABSMEIER (T) 05/27/2022 157.58 Refund Check 017315‐000, 118 PALOMAR #A 122412 10446 Achievement House, Inc. 05/27/2022 2,725.00 Sidewalk Cleaning Services Mar 2022 122413 10695 AFLAC 05/27/2022 3,260.72 Supplemental Disability Insurance May 2022 122414 14345 Malinda Antongiovanni 05/27/2022 7.01 Refund Processing Fee ‐ Class Cancelled #10961 122415 10830 Aramark 05/27/2022 1,502.62 Uniforms ‐ Apr 2022 122416 UB*00890 JENNIFER & KYLE BLACKBURN (T) 05/27/2022 63.01 Refund Check 017932‐000, 109 HOLLY 122417 14229 Brendler Janitorial Service 05/27/2022 16,152.00 Janitorial Services for City Facilities Apr 2022 122418 12346 Broyhill Manufacturing Company 05/27/2022 1,295.00 PW Load N Pak Exhaust System 122419 10074 Burdine Printing 05/27/2022 58.19 A Frame Poster ‐ Chapman House 122420 UB*00892 KYLE BULL CANDICE JONES 05/27/2022 82.42 Refund Check 018394‐000, 661 VISTA PACIFICA 122421 10085 Cannon Associates 05/27/2022 18,537.52 Ocean Blvd Construction Management Mar 2022 122422 11451 Channel Islands Technology Integrators' Group 05/27/2022 25,733.15 Professional IT Services Apr/May 2022 122423 11373 Cherry Lane Nursery 05/27/2022 1,431.15 Redwood Tree for 384 Park Street 122424 13842 ClientFirst Consulting Group, LLC 05/27/2022 7,970.00 Technology Design Specs‐ Public Safety Facility Apr 2022 122425 11231 Coastal Peaks Coffee 05/27/2022 34.47 Coffee Supplies 122426 10894 Consolidated Electrical Dist. 05/27/2022 239.25 Flood Light for Price House 122427 14347 Solveg Cooper 05/27/2022 4.71 Refund Processing Fee ‐ Class Cancelled #10942 122428 12628 Dell Marketing LP 05/27/2022 3,550.79 PD MCV5670 Computer Equipment 122429 12224 Delta Dental Of California 05/27/2022 7,678.92 Dental Insurance May 2022 122430 14217 Deltina Coffee Roasters 05/27/2022 62.50 Coffee Supplies 122431 12307 Department Of Justice 05/27/2022 287.00 Fingerprint Services April 2022 122432 14344 Mary Elizabeth Douglas 05/27/2022 28.75 Senior Dance Band Member 05/09/22 122433 11222 Drive Customs 05/27/2022 2,500.00 PD214 Police Patrol Command New Vehicle Build Replaces PD171 122434 14325 Engeo Incorporated 05/27/2022 59,005.68 Pier Ave/Ocean Blvd/Chapman ESDC 122435 13283 Epic Entertainment DJS, Lighting & Photo BoothsLLC 05/27/2022 1,100.00 DJ For July 4th Celebration ‐ Balance Due 122436 12123 Farm Supply 05/27/2022 463.96 Supplies ‐ Parks 122437 13450 Franchise Tax Board‐Tax Withholding 05/27/2022 692.76 Tax Withholding Order PD 05/27/22 122438 12235 Granicus, LLC 05/27/2022 3,498.90 Quarterly Granicus Subscription 4/8/22 ‐ 7/27/22 122439 10732 Granite Construction Company 05/27/2022 60,107.07 Ocean Blvd Construction April 2022 122440 14350 ImageTrend, Inc. 05/27/2022 2,200.00 Inspection software program for R‐2's/businesses 122441 13276 InfoSend, Inc. 05/27/2022 1,316.43 Data Processing/Printing/Mailing City's Utility Bills 122442 13385 IPS Group, Inc. 05/27/2022 2,001.13 IPS Transaction Fees ‐ Apr 2022 122443 UB*00893 IWF PISMO TIDES, LP 05/27/2022 156.63 Refund Check 009681‐000, 301 FRANKLIN 122444 14348 Teresa Jacques 05/27/2022 4.71 Refund Processing Fee ‐ Class Cancelled #10942 122445 14341 K.D. Janni Landscaping 05/27/2022 1,000.00 Bond release for encroachment permit (405 Indio) 122446 UB*00895 KOZUSCHEK PROPERTIES LLC 05/27/2022 180.00 Refund Check 018656‐000, 234 PALOMAR 122447 UB*00891 TAMI KRAMER (T) 05/27/2022 22.40 Refund Check 008336‐000, 119 NARLENE 122448 14322 Ian Livingston 05/27/2022 101.22 Rental Car Fuel Reimb: CALBO Annual Meeting 5/8‐5/12/22 122449 12279 McMaster Carr 05/27/2022 580.46 WWTP Maintenance Supplies 122450 12090 Mier Bros. Landscape Products 05/27/2022 52.80 Landscape Maintenance Supplies 122451 10097 Miners Hardware 05/27/2022 530.78 Maintenance Supplies 122452 12406 Mosquito and Vector Management District 05/27/2022 2,628.35 Mosquito Trapping & Management Jan ‐ Mar 2022 122453 14343 ODP Business Solutions, LLC 05/27/2022 701.62 Office Supplies 122454 12270 Office Depot 05/27/2022 78.24 Office Supplies 122455 10241 Original Watermen, Inc. 05/27/2022 2,694.20 Lifeguard Uniforms 122456 13344 Pacific Gas and Electric CFM/PPC Dept 05/27/2022 1,821.45 Corp Yard Remodel ‐ PGE Fees 122457 12099 Pacific Petroleum Corp 05/27/2022 3,209.78 Wilmar Sewer Line Repair 02/22/22 122458 10633 Pismo Beach Athletic Club Inc 05/27/2022 525.00 PBAC Dues collected in May 2022 122459 13149 Pismo Beach Lifeguard Association 05/27/2022 5.00 Lifeguard Dues PD 05/27/22 122460 11957 Pismo Bob's Hardware & Nursery 05/27/2022 71.53 Station 64 Supplies 122461 12022 Pismo Beach Police Officer's Association 05/27/2022 1,506.15 POA Dues PD 05/27/22 122462 12335 Procare Janitorial Supply Inc 05/27/2022 1,295.92 Janitorial Supplies 122463 14120 Quincon, Inc. 05/27/2022 255,778.00 Corp Yard & City Hall Remodel progress payment 122464 10140 Quincy Engineering Inc 05/27/2022 3,965.41 Bello Bridge ESDC ‐ March 2022 122465 14204 S. Chaves Construction, Inc. 05/27/2022 1,536.32 Price Canyon Slope Repair April 2022 122466 14342 Salvador Guerrero Sedemo 05/27/2022 1,000.00 Bond release encroachment permit ‐ 320 Placentia 122467 11208 SEIU Local 620 AFL/CIO 05/27/2022 908.11 SEIU Dues PD 05/27/22 122468 13913 Silvas Oil Co., Inc 05/27/2022 11,045.32 Diesel & Unleaded Fuel Deliveries 05/27/2022 122469 10913 Siteone Landscape Supply LLC 05/27/2022 55.12 Landscape Maintenance Supplies 122470 10093 SLO County Auditor‐Controller 05/27/2022 14,037.50 Phoenix Parking Surcharges March 2022 122471 UB*00889 KRISTA STEINBEISER (T) 05/27/2022 85.36 Refund Check 017402‐000, 271 OCEAN VIEW 122472 14299 Natalia Stilleson 05/27/2022 27.00 Spanish Translation for Rec Flyer 122473 12629 Tetra Tech Inc 05/27/2022 580.00 Development Application Reviews 122474 12321 The Gas Company 05/27/2022 1,514.55 Gas Service 04/21/22 ‐ 05/20/22 122475 13097 The Standard 05/27/2022 1,474.31 Life & Additional Life Insurance June 2022 122476 13442 Thorn Run Partners 05/27/2022 4,000.00 Federal Lobbying Services May 2022 122477 12461 TJA Advertising 05/27/2022 51,102.29 LBID Advertising and Promotion Services April 2022 122478 11001 Toste Construction, Inc. 05/27/2022 8,475.00 Restriping Five Cities Drive 122479 12991 TransUnion Risk and Alternative 05/27/2022 150.00 Investigative Services April 2022 122480 13905 Tripepi, Smith and Associates, Inc 05/27/2022 2,283.75 Collaborative work on the updated Clam Chronicle Newsletter Attachment 2
11.B-5Council Agenda 6-21-2022
Packet Page 18
City of Pismo Beach
Final Disbursement List Check Date 05/27/2022
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
122481 13751 Jeanette Trompeter 05/27/2022 2,400.00 Rec and Capital Project Videos ‐ April 2022 122482 12620 Uline 05/27/2022 827.31 Storage Shelves 122483 12982 Ultrex Business Products 05/27/2022 54.06 Contract usage charge for dispatch fax machine April 2022 122484 12622 USA Bluebook Acct: 82507 05/27/2022 570.02 WWTP Lab Supplies 122485 14330 Hermelindo Villalva 05/27/2022 600.00 Redwood Tree Installation ‐ 382 Park Ave 122486 14346 Sharon Voysey 05/27/2022 4.71 Refund Processing Fee ‐ Class Cancelled #10942 122487 12527 Water Systems Consulting Inc 05/27/2022 211,465.46 CCB Program Mgmt. Jan‐Mar 2022, NCMA Staff Extension Services 122488 14284 WB Xcel Holdings LLC 05/27/2022 614.18 Wetsuit for USLA Academy 122489 13326 Williams Cleaning Systems LLC 05/27/2022 220.38 Pressure Washer Service 122490 13383 Zambelli Fireworks Mfg. Co. 05/27/2022 16,000.00 July 4th Fireworks Display 2022 Deposit Total 1,306,419.55
Attachment 2
11.B-6Council Agenda 6-21-2022
Packet Page 19
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.C
SUBJECT/TITLE:
DEPARTMENT ACTIVITY REPORTS FOR MAY 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: June 21, 2022 City Manager Approval:
9.C-1Council Agenda 6-21-2022
Packet Page 20
City of Pismo Beach - Administrative Services Department Monthly Report – May 2022
KEY REVENUES
Transient Occupancy Tax (TOT)
As of January 1, 2021, TOT revenues are 11% of gross lodging revenues. These revenues reflect approximately 54% of the City’s General Fund budgeted revenues. Preliminary data for April rentals indicate that April 2022 TOT revenues are $1,533,183 which is above the year ago April 2021 TOT revenues of $1,423,910 by $109,274, or 7.67%. Year-to-date TOT revenues for FY 2022 are $13,744,384, which is above the FY 2021 total of $10,937,202 by $2,837,182, or 25.94%. The increase in TOT revenues reflects a full year of the additional 1.0% TOT revenue in FY 2022 (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. This increase is also due to an increase of tourism activity because of lessened COVID-19 restrictions and travel advisories and an increase of average nightly room rates. This is a preliminary amount as not all properties have reported. The following chart illustrates TOT revenues received in FY 2021 and FY 2022 by month.
-
500,000
1,000,000
1,500,000
2,000,000
2,500,000
TO
T
A
m
o
u
n
t
Transient Occupancy Tax (TOT), 10%/11% of gross lodging rents FY 2021
FY 2022
Attachment 1
9.C-2Council Agenda 6-21-2022
Packet Page 21
Sales Tax Revenues
Sales tax revenues represent 1% of taxable sales received by the City. Fiscal year to date sales tax revenues through May 2022 amount to $2,990,726, which is above the year-ago total of $2,534,676 by $456,051 or 17.99% for the same period. Sales tax revenues are typically received 3 months after the month for which it was collected. For example, May revenues received are collected from February 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 April 2022 was 7.87%.
OPERATIONS
Finance
Revenues
• Investments: The City Treasurer has been moving quickly to take advantage of increased interest rates, purchasing Treasuries and other higher yielding investments. The City’s investment policy objectives, governed by California government code are first to preserve principal, then to ensure liquidity, and finally, to earn income from these investments. • Master City Fees Schedule: The City Fees schedule is in the process of being updated. The new rates will be effective at the start of the new fiscal year, July 1, 2022.
Attachment 1
9.C-3Council Agenda 6-21-2022
Packet Page 22
Financial Reporting
• Auditing Services: The Administrative Services Director, Finance Manager and Senior Management Analyst interviewed Badawi & Associates, an Audit firm who submitted a response to the City’s RFP for Professional Audit Services. They have been selected to perform the financial audit for the next three years with two 1-year extensions. The related staff report is being prepared to present to Council for final approval.
Staff
• Training:
o CMTA Annual Conference: The Administrative Service Director attended the California Municipal Treasurer’s Association (CMTA) Annual Conference which helps California’s local government finance professionals to lead, promote and enhance the fiduciary responsibility and integrity of individuals responsible for public funds. o Management Training Academy: The Department’s managers attended the Management Training Academy this week, led by the City Manager, learning more about our Public Works Department.
o Utility Billing and Cash Receipts Webinar: Two Account clerks attended this training hosted by Springbrook, the City’s ERP financial system. o Best Practices and Training for Cashiers and Supervisors: Thirteen City employees attended a webinar on Best Practices and Training for Cashiers and Supervisors. This is mandatory training for City employees that handle monies for the City. A second offering of the training will be on July 26th.
Technology
Safety & Security
• Cybersecurity: IT assisted Finance with the transition to a new authentication system for Springbrook, the ERP system for the City. This system updates the security measures for Single Sign On (SSO) and Multi-Factor Authentication (MFA) to increase security and help combat cyber-attacks.
Infrastructure
• City Hall:
o IT coordinated the installation of wireless door release buttons for the upstairs and downstairs City Hall lobby doors.
o IT deployed new laptops for the Council Chamber and the Downstairs Conference Room.
• Police Department: IT worked with the Police Department to make the requested final adjustments to the Mobile Command Vehicle computers in time for its deployment at the Car Show.
• Community Development Department: IT worked with CDD to create a master list of City street names, then deployed it for the automated filing of encroachment permits. • Utilities Department: IT assisted Utilities with upgrading the standby phones to provide better reliability.
Attachment 1
9.C-4Council Agenda 6-21-2022
Packet Page 23
• Pismo Pier: IT completed the preventative maintenance and cleaning of the security cameras on the pier.
Projects
• Public Safety Center: IT met with ClientFirst and the Public Safety Center contractors to finalize the technical specifications for Option A. IT also went over questions about Option B so that technical specifications can be finalized.
Staff
• Training: IT created three training videos presenting the City’s IT infrastructure for new IT techs. Seven videos are currently planned; however, the number is growing as additional topics come up.
Attachment 1
9.C-5Council Agenda 6-21-2022
Packet Page 24
Accounts Payable May April March
Invoices Entered / Checks Issued:608/259 772/350 854/330 New purchase orders issued:13 12 12
New contract purchase orders issued:13 0 5
Change Orders / Amended PO's issued:4 14 12
Total dollar amount of all PO's issued:13,565,159$ 353,850$ 7,464,506$ Total Invoices paid:2,567,658$ 2,905,773$ 3,877,630$ Total No. of Voids processed: 0 4 7
Total Dollar amount of Voids:-$ 1,199$ 4,189$ Business License Certificates
Renewed Licenses issued / New Licenses 3/40 13/54 3/52
Payroll
New employees entered / Terminations:11 / 0 2 / 0 1 / 1 Auto. Payroll Deposits / Checks Issued:122 / 14 123 / 4 120 / 3 Total gross salary:370,473$ 360,210$ 364,417$ Total net salary:242,858$ 248,504$ 235,772$ Employee file maint. / Retro-pay calcs:15 / 2 13 / 1 11 / 1 Utility Billing
Downtown: Routine Utility Bills:0 2806 0
Delinquent Utility Bills:200 0 234
Shell Beach: Routine Utility Bills:2,136 0 2,135
Delinquent Utility Bills: 0 133 0
Cash receipts:806,088$ 848,504$ 916,234$ Customer accts paid/ACH Direct/Online Bills:2595/340/667 2356/264/595 2833/349/638 48 Hour Notices / Water Lock-Outs:0/0 0/0 0/0
Meter Sets / Meter Change Outs / Demos:6/3/0 2/4/000 0/4/0 Change Orders / Closing Bills:46/34 62/41 69/54
Billing Adjustments / Deposits:24/45 6/76 18/49
Delinquent Closed Invoices / Write-Offs:0/0 0/0 0/0
Administrative Services Department
Statistical Activity Report - May 2022
Attachment 1
9.C-6Council Agenda 6-21-2022
Packet Page 25
CITY MANAGER’S OFFICE ACTIVITY REPORT MAY 2022
Met with Council Members to discuss various topics of interest. Met with Department Heads to discuss various topics of interest. Presented at the CJPIA Governance Leadership Academy. Attended the Cal Poly President’s Local Economic Development Meeting. Participated in the architectural workshop for Central Coast Blue. Attended the 2022 Peace Officer Memorial Ceremony.
Conducted downtown safety and cleanliness inspection with Assistant City Manager, Public Works Director and Public Facilities Manager.
Attended the League of California Cities 2022 City Leaders Summit in Sacramento, CA. Participated in 3CE Operations Board of Directors Meeting. Participated in League of California Cities Board of Directors Meeting. Attended the South County Chambers of Commerce Networking Breakfast. Participated in Pismo Beach/HdL Joint Sales Tax Meeting. Attended the SLO County City Managers Monthly Meeting. Attended the Conference and Visitor Bureau Board Meeting. Attended Visit SLO CAL Advisory Committee Meeting.
Participated in Coastal Cities Group Leadership Committee Monthly Meeting. Attended Annual Chapman Estate Foundation Board Meeting. Met with Superintendent Fawcett.
Participated in Central Coast Blue Coordination Meeting with City Managers. Attended REACH Practitioner Meeting for South County City Managers. Participated in South County Chamber of Commerce Governmental Affairs Meeting.
Attachment 2
9.C-7Council Agenda 6-21-2022
Packet Page 26
May 2022 CDD Monthly Report 1
PISMO BEACH COMMUNITY DEVELOPMENT DEPARTMENT
MONTHLY REPORT FOR MAY 2022
BUILDING DIVISION٠CODE COMPLIANCE٠PLANNING DIVISION
BUILDING DIVISION
ISSUED PERMITS SUMMARY
Date Permit
Number
Address Description Valuation Total Fees
05/02/2022 B21-000543 340 Harloe Avenue Residential
Alteration
50000 3684.52
05/02/2022 B21-000544 340 Harloe Avenue Residential
Alteration
50000 4069.93
05/02/2022 B22-000034 145 Limerick Lane Residential
Alteration
55000 3179.85
05/02/2022 B22-000184 1739 Shell Beach
Road
Re-roof
Commercial
15370 187.46
05/03/2022 B22-000177 148 Searidge Court Plumbing,
Mechanical &
Electrical
0 93.22
05/03/2022 B22-000093 184 Wave Avenue Residential
Alteration
11810.51 814.59
05/04/2022 B22-000187 980 Oceanview Plumbing,
Mechanical &
Electrical
0 78.05
05/04/2022 B22-000129 211 Surf Street Solar PV -
Residential
27399 416.37
05/04/2022 B22-000185 941 Oak Park
Boulevard
Re-roof
Commercial
29400 192.39
05/05/2022 R22-000032 235 Encanto Avenue Residential 0 0 05/06/2022 B22-000188 821 Taft Street Plumbing,
Mechanical &
Electrical
0 92.05
05/06/2022 B22-000193 822 Dugan Drive Plumbing,
Mechanical &
Electrical
0 188.73
Attachment 3
9.C-8Council Agenda 6-21-2022
Packet Page 27
May 2022 CDD Monthly Report 2
Date Permit
Number
Address Description Valuation Total Fees
05/09/2022 B22-000166 280 Coral Court Solar PV -
Residential
17000 415.37
05/09/2022 R22-000021 1353 Shell Beach
Road
Commercial 0 89.89
05/09/2022 R22-000027 148 Searidge Court Residential 0 89.89 05/09/2022 R22-000028 121 Narlene Way Residential 0 89.89 05/09/2022 B22-000195 248 San Luis Avenue Re-roof
Residential
8800 94.19
05/10/2022 B21-000202 162 Peyton Place Single Family
Residence
348482.4 60425.84
05/11/2022 B22-000196 2131 Price Street Commercial
Alteration
15000 956.7
05/16/2022 B22-000205 825 Oak Park
Boulevard
Plumbing,
Mechanical &
Electrical
0 328.74
05/17/2022 B22-000211 2500 Barcelona Plumbing,
Mechanical &
Electrical
0 309.05
05/19/2022 B22-000141 330 El Portal Avenue Solar PV -
Residential
38250 430.37
05/19/2022 B22-000157 61 EL Viento Solar PV -
Residential
6650 415.37
05/19/2022 B22-000171 120 Surf Street Solar PV -
Residential
5320 415.37
05/19/2022 B22-000179 169 El Viento Solar PV -
Residential
7315 415.37
05/19/2022 B22-000180 151 Surf Street Solar PV -
Residential
11970 415.37
Attachment 3
9.C-9Council Agenda 6-21-2022
Packet Page 28
May 2022 CDD Monthly Report 3
Date Permit
Number
Address Description Valuation Total Fees
05/19/2022 B22-000183 128 La Colima Solar PV -
Residential
15960 415.37
05/19/2022 R22-000029 1337 Costa Brava Residential 0 89.89 05/19/2022 B22-000214 741 Shamrock Lane Re-roof
Residential
0 92.05
05/19/2022 B22-000178 169 El Viento Re-roof
Residential
6930 79.95
05/23/2022 B22-000221 249 Elaine Way Re-roof
Residential
23740 82.14
05/25/2022 B22-000226 1241 Dolliver Street Plumbing,
Mechanical &
Electrical
0 130.53
05/25/2022 B21-000352 1241 Dolliver Street Single Family Residence
392000.4 23089.92
05/25/2022 B21-000390 1241 Dolliver Street Demolish
Single Family
7000 647
05/26/2022 B22-000223 100 Silver Shoals Re-roof
Residential
24000 82.17
05/27/2022 B22-000117 123 Park Place Plumbing,
Mechanical &
Electrical
0 604.69
05/27/2022 B22-000227 335 Montecito
Avenue
Re-roof
Residential
15000 95
05/31/2022 B22-000199 758 White Oak PV System 5320 415.37 05/31/2022 B22-000233 244 Christine Way Re-roof
Residential
19000 81.52
Total 39 1,206,717.31 103,794.17
Attachment 3
9.C-10Council Agenda 6-21-2022
Packet Page 29
May 2022 CDD Monthly Report 4
NEW APPLICATIONS SUMMARY
Date Permit
Number
Address Description Valuation
05/02/2022 B22-000183 128 La Colima Solar PV - Residential 15960 05/02/2022 B22-000182 800 Merced Street Residential Alteration 120000 05/02/2022 B22-000184 1739 Shell Beach
Road
Re-roof Commercial 15370
05/04/2022 R22-000032 235 Encanto Avenue Residential 0
05/04/2022 B22-000187 980 Oceanview Plumbing, Mechanical & Electrical
0 05/04/2022 B22-000188 821 Taft Street Plumbing, Mechanical & Electrical
0 05/04/2022 B22-000186 219 Indio Drive Residential Alteration 40000 05/04/2022 B22-000189 340 Park Avenue Re-roof Residential 70000 05/04/2022 B22-000185 941 Oak Park
Boulevard
Re-roof Commercial 29400
05/05/2022 B22-000193 822 Dugan Drive Plumbing, Mechanical & Electrical
0 05/05/2022 B22-000191 1601 Shell Beach
Road
Heating/Air
Conditioning
Equipment
32455
05/05/2022 B22-000192 710 Vista Pacifica
Circle
Solar PV - Residential 15960
05/09/2022 B22-000194 123 La Colima Retaining Wall 20000 Attachment 3
9.C-11Council Agenda 6-21-2022
Packet Page 30
May 2022 CDD Monthly Report 5
Date Permit
Number
Address Description Valuation
05/09/2022 B22-000195 248 San Luis Avenue Re-roof Residential 8800 05/10/2022 B22-000196 2131 Price Street Commercial Alteration 15000 05/11/2022 B22-000198 147 Stimson Street Sign - Non-Illuminated 4000 05/11/2022 B22-000199 758 White Oak
Boulevard
Solar PV - Residential 5320
05/12/2022 B22-000202 164 Seacliff Drive Plumbing, Mechanical & Electrical
0 05/12/2022 B22-000200 276 El Portal Residential Alteration 5000 05/13/2022 B22-000205 825 Oak Park
Boulevard
Plumbing, Mechanical
& Electrical
0 05/13/2022 B22-000204 950 Tulare Street Single Family Residence
483920.96
05/16/2022 B22-000206 478 Hinds Street Solar PV - Residential 3500 05/16/2022 B22-000207 478 Hinds Street Solar PV - Residential 3500 05/16/2022 B22-000208 478 Hinds Street Solar PV - Residential 3500 05/16/2022 B22-000209 441 Westpoint Drive Residential Alteration 3500 05/17/2022 B22-000211 2500 Barcelona Plumbing, Mechanical & Electrical
0 Attachment 3
9.C-12Council Agenda 6-21-2022
Packet Page 31
May 2022 CDD Monthly Report 6
Date Permit
Number
Address Description Valuation
05/17/2022 B22-000203 139 El Portal Single Family
Residence
498979.36
05/17/2022 B22-000210 2665 Shell Beach
Road
Commercial Alteration 30000
05/17/2022 B22-000201 139 El Portal Demolish Single
Family
15000
05/18/2022 B22-000214 741 Shamrock Lane Re-roof Residential 0 05/19/2022 R21-000052 170 South Silver
Shoals
Residential 0
05/19/2022 B22-000216 271 Irish Way Plumbing, Mechanical & Electrical
0 05/19/2022 B22-000215 333 Five Cities Drive Commercial Alteration 22800 05/20/2022 B22-000217 736 Panorama Drive Solar PV - Residential 5320 05/23/2022 R22-000034 851 Delano Street Residential 0
05/23/2022 B22-000221 249 Elaine Way Re-roof Residential 23740 05/24/2022 B22-000222 1270 Costa Brava Solar PV - Residential 11000 05/24/2022 B22-000224 368 Santa Fe Avenue Residential Alteration 10000 05/25/2022 B22-000226 1241 Dolliver Street Plumbing, Mechanical & Electrical
0 Attachment 3
9.C-13Council Agenda 6-21-2022
Packet Page 32
May 2022 CDD Monthly Report 7
Date Permit
Number
Address Description Valuation
05/25/2022 B22-000223 100 Silver Shoals Re-roof Residential 24000 05/26/2022 B22-000228 330 Leeward Residential Alteration 45000 05/26/2022 B22-000227 335 Montecito Re-roof Residential 15000 05/27/2022 B22-000229 147 BAKER AV Solar PV - Residential 5985 05/27/2022 B22-000219 150 Peyton Solar PV - Residential 37829 05/31/2022 B22-000230 1191 LONGVIEW AV Solar PV - Residential 28750 05/31/2022 B22-000233 244 Christine Re-roof Residential 19000 Total 48 2050211.72
SPECIAL PROGRAMS AND PROJECTS:
• Development Review Team Meetings were held, and the pending review reports were reviewed to ensure timely return on plan reviews among all divisions in the development process. • The Public Permitting portal was launched to a small group of select solar and roofing contractors for review and feedback.
• Staff attended California Building Officials Annual Business Meeting, receiving training and information on upcoming state law and code adoption processes.
INSPECTIONS PERFORMED: 171
PLAN REVIEWS:
• Building: 29
• Planning: 9
• Engineering: 1
Attachment 3
9.C-14Council Agenda 6-21-2022
Packet Page 33
May 2022 CDD Monthly Report 8
CODE COMPLIANCE
CASE SUMMARY:
• Cases Closed: 13
• Cases Opened: 15
• Site Visits: 42
• Notice of Violation / Citation: 47
• STR Inspections: 2
PLANNING DIVISION
PUBLIC INQUIRIES:
• Emails: 1,016
• Calls: 217
CITY COUNCIL AND ADVISORY BOARD MEETINGS:
• City Council: Staff attended the May 3, 2022, and May 17, 2022, closed and regular meetings. • Planning Commission: The May 10, 2022, meeting was cancelled. Staff attended the May 24, 2022, regular meeting.
• Joint City Council/Planning Commission: Staff attended the May 26, 2022, joint CC/PC Study Session to discuss the Noise and Facilities Elements of the General Plan.
Attachment 3
9.C-15Council Agenda 6-21-2022
Packet Page 34
May 2022 CDD Monthly Report 9
NEW APPLICATIONS SUMMARY:
Project Number Date Received Address Description
P22-000040 05/02/2022 198 Main Street
Coastal Addition
Commercial
P22-000041 05/04/2022 0 Pismo Beach Film Permit
P22-000042 05/10/2022 250 Placentia Avenue Coastal Addition P22-000043 05/10/2022 2131 Price Street
Coastal Addition
Commercial
P22-000044 05/12/2022 591 Five Cities Appeal
P22-000045 05/12/2022 2555 Price Street
Coastal Addition
Commercial
P22-000046 05/12/2022 1261 Costa Brava Coastal SFR
P22-000047 05/13/2022 881 Hanford Addition SFR
P22-000048 05/16/2022 138 Summit Drive Addition SFR
P22-000049 05/23/2022 1253 Costa Brava New SFR
P22-000050 05/24/2022
100 North Oak Park
Boulevard Other
P22-000051 05/26/2022 851 Oak Park Sign
P22-000052 05/27/2022 Wadsworth Temporary Use
P22-000053 05/31/2022 760 Bello Other
P22-000054 05/31/2022 360 Wilmar Coastal Addition SFR
PROJECT ADMINISTRATION:
• Administrative Reviews: 38
• Discretionary Reviews: 41
• Plan Checks: 31
• Site Inspections: 16
Attachment 3
9.C-16Council Agenda 6-21-2022
Packet Page 35
May 2022 CDD Monthly Report 10
SPECIAL PROJECTS UPDATE/OTHER:
• General Plan/Local Coastal Plan (GP/LCP): Staff developed a workshop schedule for the Council and Commission to work through the GP/LCP Elements and certain policy topics. The first special joint meeting was held on May 26, 2022.
• Development Review Team Meeting: Staff attended the weekly recurring Development Review Team meeting.
• Harassment Training: Staff participated in Harassment Training put on by Harbinger Horizons on behalf of CJPIA.
• Community Development Records Digitization Project: Staff continued to work on the digitization project and met with IT and Clerk staff regarding data needs, standards, and process. • Cal Cities Policy Committee: Staff participated in the Cal Cities Housing, Community, and Economic Development Policy Committee meeting.
• 1601 Shell Beach Road: Staff met with the property owners of the site to discuss development opportunity and site constraints.
• Five Cities Multimodal Transportation Network Enhancement Project: Staff attended the FCMTNEP, formerly the Pismo Congestion Relief Project, meeting to discuss various aspects of the project in anticipation of release of the final environmental document during the summer. • Police Officer Memorial: Staff attended the Police Officer Memorial at the pier. • Regional Housing Action Team Meeting: Staff attended the monthly Housing Action Meeting. • Management Training Academy: Staff attended the Management Training Academy put on by Public Works.
• Public Safety Facility: Staff attended meetings associated with the Public Safety Facility to prepare for the Special City Council meeting.
• Training: Staff participated in an FMLA training as well as mandatory safety training. • PD Annex: Staff reviewed RFPs for design services associated with the PD Annex. • Coastal Cities Group: Staff attended the Coastal Cities Group Leadership Committee meeting.
Attachment 3
9.C-17Council Agenda 6-21-2022
Packet Page 36
Eddy Moore, Unit Chief
Prepared by: Michelle Pearson, Administrative Assistant Submitted by: Paul Lee, Battalion Chief
Fire Prevention
• 58-Plan reviews (Building/Planning)
• 6-Site visits
• 2-Fire Final
• 1-Public Service Assistance
• 2-Emergency responses
• 1-Film permit
• Safety Inspection for Film shoot
• Site meeting with County Health & Planning Departments • Parking issue at Mobile Home Park
• Weed Abatement
• Planning/Building meeting
• Car Show Planning meeting
• Fire Investigation training
Administration/Vegetation Management
• Staff attended a Pre-Construction meeting for the new fire engine. The meeting was 2 days and went over the complete detail of each specification of the new engine before it is built. The engine build is a 12-18 month process, staff is looking forward to having a new engine next year.
• City-wide Weed Abatement inspections are completed. Captain Byrnes and Michelle Pearson drove around the City and identified City and private lots that need to be abated to reduce fire risk. The Weed Abatement contractor has begun clearing City owned lots and will start on private owned lots after the June 1st deadline. The majority of residents have done a great job of clearing and abating their lots/ yards and are in compliance. This program is a great tool to help harden our community against a damaging fire.
• Week of 5/2-Fire staff hosted a meeting for the summer season kickoff with the Land Conservancy. The meeting covered last year’s incidents in the Pismo May 2022 Activity Report
Attachment 4
9.C-18Council Agenda 6-21-2022
Packet Page 37
Preserve and focused on ways to improve. Fire staff established priorities for Fire Safe Council funded crew days to help better protect the Heights.
Lifeguards/Junior Lifeguard Program
• The 2022 USLA Academy has been completed by 3 new Lifeguard recruits. The new recruits will now complete their shadow shifts in Lifeguard towers with hands on learning and supervision. We feel confident the new Lifeguards will be fully trained and ready to staff towers on their own by July 4th weekend. • June 6th-Fire and Lifeguard staff conducted our Junior Lifeguard parent meeting.
The meeting was packed with new parents to our program. The parents had great questions and excitement about the Pismo Beach Junior Lifeguard Program. We have 74 kids registered for the program that consists of two 3-week sessions from June 27th-August 5th.
Attachment 4
9.C-19Council Agenda 6-21-2022
Packet Page 38
May 2022 Stats
Number of Calls % Type of Incident
1 0.70%Debris
102 71.83%Emergency Medical
14 9.86%Fire Alarms
0 0.00%Fire Menace Standby
0 0.00% Flooding
0 0.00%Gas Leak
3 2.11%Other
12 8.45%Public Service Assistance
0 0.00%Smoke Check
0 0.00%Structure Fire
8 5.63%Traffic Collision
2 1.41%Vehicle Fire
0 0.00%Wildfire
142 100.00%
Incidents by City Response Area
Medicals Other % Descriptive Area
8 4 8.45% Palisades A
5 3 5.63% Spyglass B
4 6 7.04%Shell Beach Village C
3 4 4.93%Mattie Rd D
5 2 4.93%Shorecliff E
21 10 21.83% Downtown F
9 5 9.86% Heights G
13 6 13.38%Ventana H
15 0 10.56%Trailer Parks I
15 1 11.27%Five Cities Dr J
4 3 4.93%James Way K
Total 142 100.00%
Attachment 4
9.C-20Council Agenda 6-21-2022
Packet Page 39
MANAGEMENT SERVICES DEPARTMENT
MONTHLY ACTIVITY REPORT
May 2022
MANAGEMENT SERVICES DEPARTMENT
ADVISORY BODIES
• Conducted oath of office for re-appointed Traffic Safety Committee member.
ELECTIONS & POLITICAL REFORM
• Coordination with County Elections staff to provide an official ballot drop-box at Pismo Beach City Hall, as well as polling places at both Veterans’ Halls, for the June 7, 2022 Statewide Primary Election.
• Official ballot drop-box at Pismo Beach City Hall available to the public Monday—Friday, 8:00 a.m.—5:00 p.m., for the June 7, 2022 Statewide Primary Election. All registered voters mailed a ballot by the County Clerk’s Office.
RECORDS MANAGEMENT
• Ongoing review of numerous records requests.
• Ongoing coordination with the City’s claims handlers and counsel to provide relevant records. • Coordination with Planning Division staff on project framework for digitization of all CDD development files.
CPRA REQUESTS COMPLETED
• Gabe, 235 Foothill Road Deck Building Permit
• Hamada, The Cliffs Crime Statistics
• Schoneman, 851 Visalia Street Building Permits and Inspection Records • Anna, 985 Terry Drive Building Permits
• Cramer, 841 Bay Street Building Permits and Inspection Reports • McKay, 400 Longview Avenue Building Permits
• Ramage, Recordings of A. Ramage Arrest
• Barnes, Pier Wood Materials
• Nana, Code Violations and Damaged Homes
• Butcher, Phone and Internet Contracts and Invoices
HUMAN RESOURCES
• Recruitment:
o IT Intern – Open
o Police Lateral
o Summer Maintenance
o Wastewater Operator
• Interviews:
o Facility Attendant
o IT Intern
Attachment 5
9.C-21Council Agenda 6-21-2022
Packet Page 40
• Backgrounds:
o PT Recreation Coordinator
o IT Intern
o PT Maintenance Worker
o Ocean Lifeguards
o Crime Analyst
o Public Safety Dispatcher
o Facility Attendant
• Offers:
o Part-time Maintenance Worker
o Parking Enforcement Officer
o Ocean Lifeguard
• New employee orientation:
o Facility Attendant
o Public Safety Dispatcher
o PT Maintenance Worker
o Parking Enforcement Officer
TRAINING AND STAFF DEVELOPMENT
• This week, the city held its 3nd session of the Managers and Supervisors Training Academy. This week’s session was presented on the Public Works Department. • Staff attended annual compliance training on Bloodborne Pathogens, Hearing Conservation, Heat Stress, and Biohazards.
LEGISLATIVE AFFAIRS
• Eric O’Donnell from Townsend Public Affairs met with staff to review current legislation at the State that will potentially impact Pismo Beach. We will continue to monitor and track legislation and apprise the City Council once support letters need to be submitted. • The City submitted a letter of opposition to AB2011 which would require cities to ministerially approve, without condition or discretion certain housing projects.
PUBLIC OUTREACH / PUBLIC INFORMATION
• New Postings:
o Recreation Guide Video Post
• Staff began filming the next series of videos for drought messaging for Pismo Beach. This will focus initially on the enhanced restrictions and will then turn to how to save water through small adjustments.
• We held a virtually meeting with Grover Beach, Arroyo Grande, and WSC on the communication efforts for Central Coast Blue, how we are going to work collaboratively, and the structure for ongoing messaging to best service our perspective communities.
RISK MANAGEMENT
• City Clerk attended Traffic Safety Committee meeting on behalf of Risk Manager. • We received our annual invoice for CJPIA insurance. It should be noted that our insurance costs were approximately $116,000 less than last year. This is significant in that most of the authority Attachment 5
9.C-22Council Agenda 6-21-2022
Packet Page 41
members had cost increases. This is attributed to our risk management practices and reduced liability through contract language, project management, and our employees being safe while serving the community. We thank the City Council for their support of our efforts to keep our employees safe and by doing so, having additional funds available for the public.
LIABILITY CLAIMS RECEIVED
• Jacobson, slip and fall at Pier Plaza
• Vernon Edwards Constructors, Beach Slide Litigation-related claims (x13) • Universal Precast Concrete Inc., Beach Slide Litigation-related claims (x16)
OTHER
• In coordination with IT, staff is developing the new design for the keycard access system. The keycards are a vital part of the building security system. • City Clerk acted as Protest Official for Cambria CSD Board’s May 19, 2020 Proposition 218 hearing.
Attachment 5
9.C-23Council Agenda 6-21-2022
Packet Page 42
Pismo Beach Police Department
1000 Bello Street, Pismo Beach, CA 93449
(805) 773-2208
www.pismobeach.org/police
Monthly Activity & Crime Statistics Report
May 2022
Date Posted_________
Submitted: 6/8/2022
Attachment 6
9.C-24Council Agenda 6-21-2022
Packet Page 43
PISMO BEACH POLICE DEPARTMENT
MAY 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
Attachment 6
9.C-25Council Agenda 6-21-2022
Packet Page 44
PISMO BEACH POLICE DEPARTMENT
APRIL 2022
MONTHLY ACTIVITY AND CRIME STATISTICS
OFFICE OF THE CHIEF
1. During the month of May, patrol personnel trained and qualified with new duty weapons, which include the latest in red dot technology.
2. On May 5, 2022, the Pismo Beach Police Department, in partnership with the Criminal Justice Administrators Association, hosted the San Luis Obispo County Peace Officers’ Memorial. This important ceremony honored officers who died in the line of duty in 2020 and 2021.
3. On May 5 - 6, 2022, Chief Smith participated in the California Police Chiefs Association Board Meeting as a Member-At-Large in San Diego. These Board Meetings provide an opportunity to shape law enforcement legislation and governmental standards, and collaborate with law enforcement leaders throughout the state.
4. On May 23, 2022 police department staff had their first meeting to start the development of a 5 year strategic plan.
5. On May 24, 2022, Chief Smith spoke at a Rotary Meeting sharing accomplishments and crime data from first year of service with the Pismo Beach Police Department
6. On May 31, 2022, Chief Smith attended a County wide Safety Briefing which included the Sheriff, County Superintendent, Chiefs throughout the county and SLO County school administrators.
They discussed the recent active shooter incident in Texas and ensuring both law enforcement and school staff are properly trained in this area. Recommendations were made regarding future trainings and steps school staff can make to be better prepared if an incident was to occur at their school site.
MONTHLY TRAINING REPORT
POLICE VOLUNTEERS SUMMARY
Volunteers were active in court runs, records and property / laboratory deliveries, as well as First Aid Refresher Course training and assisted at the Memorial Day Service at the Pier.
Volunteer Service Hours
Patrol 5.50
Special Events 13.25
Administrative 59.00
Call-Outs 0.00
Training/Misc. 26.50
Total Hours 104.25
Type of Training Attending Personnel Hours
BATI UOF Report Writing 1 Sworn 8
Lexipol Daily Training Bulletins 18 Sworn, 7 Non-Sworn 37.5 Red Dot Range 14 Sworn 112
Big 5 Training 20 Sworn, 19 Non-Sworn 136.5
Total Hours 294.0 hrs
Attachment 6
9.C-26Council Agenda 6-21-2022
Packet Page 45
PISMO BEACH POLICE DEPARTMENT
APRIL 2022
MONTHLY ACTIVITY AND CRIME STATISTICS
OVERTIME & SALARY
Total Overtime Budgeted FY 21/22 $372,877.00
Total Overtime Spent YTD $380,398.92
Percentage Overtime Spent YTD 102%
Total Salary Budgeted FY 21/22 $3,415,776.28
Total Salary Spent YTD $2,965,819.80
Percentage Salary Spent YTD 87%
Attachment 6
9.C-27Council Agenda 6-21-2022
Packet Page 46
PISMO BEACH POLICE DEPARTMENT
MAY 2022
MONTHLY ACTIVITY AND CRIME STATISTICS
INVESTIGATIONS STATISTICS
Routine Investigations
Arrests 28
Total Cases Worked 57
- Property Crimes 15
- Person Crimes 1
- Sex Crimes 0
- Other Criminal 26
- Other Non-Criminal 15
Supplemental Reports Completed 4
- Closed Cases – Misdemeanor 0
- Closed Cases – Felony 0
- Cases Filed with DA – Misdemeanor 1
- Cases Filed with DA – Felony 2
- Informational only 1
Investigation Management
Cases Assigned – Current 27
Cases Reviewed 56
Missing Person Cases Reviewed 2
Property and Evidence
New Property Cases 2
Property Purged 302
Physical Property Booked 249
Digital Property Booked 275
Property Auction 0
Evidence Processed 3
Fingerprint Submitted 1
Compliance and Permits
Annual PC 290 Registration Renewals 1
CCW Background Investigations 1
H&S 11590 Registration 0
PC 451.7 Arson Registration 0
Massage Establishment/Practitioner Permits 0
Attachment 6
9.C-28Council Agenda 6-21-2022
Packet Page 47
PISMO BEACH POLICE DEPARTMENT
MAY 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 1
Warrants Served 1
Attachment 6
9.C-29Council Agenda 6-21-2022
Packet Page 48
WORKLOAD May 2022 May 2021 Apr 2022 Variant % Change YTD 2022 YTD 2021 Variant % Change Calls For Service 2,207 2,445 2,268 -61 -2.7%11,317 12,345 -1,028 -8.3% Community-Generated Calls 1287 1395 1,271 16 1%6,562 6,762 -200 -3% Self-Initiated Activities 920 1050 997 -77 -8%4,755 5,583 -828 -15% Incident Reports 207 264 202 5 2%1,059 1,302 -243 -19%
9-1-1 Calls 568 754 555 13 2%2,819 3,298 -479 -15%
Arrests 130 151 114 16 14%610 814 -204 -25%
Citations & Warnings 240 310 252 -12 -5%1,429 1,647 -218 -13% Parking Citations 1,089 1,181 1,139 -50 -4%6,079 4,379 1,700 39% Total Workload 3,525 -89 -100%23,313 23,785 -472 -2%
PART 1 CRIMES
Arson 0 0 0 0 0%0 0 0 0%
Assault (Aggravated)1 2 5 -4 -80%12 14 -2 -14%
Auto Theft 2 3 1 1 100%6 12 -6 -50%
Burglary 9 14 3 6 200%35 41 -6 -15%
Homicide 0 0 0 0 0%0 0 0 0%
Larceny 15 13 18 -3 -17%82 98 -16 -16%
Rape 0 0 0 0 0%2 0 2 200%
Robbery 1 0 0 1 100%4 1 3 300%
Total Pt 1 Crimes 23 1 -100%141 166 -25 -15%
0 0%0%
PART 2 CRIMES
Assault (Simple)4 3 7 -3 -43%25 23 2 9%
Disorderly Conduct 12 13 8 4 50%40 46 -6 -13%
DUI 1 16 10 -9 -90%33 69 -36 -52%
Forgery/Fraud 4 3 4 0 0%14 18 -4 -22%
Narcotics Offenses 31 41 22 9 41%149 202 -53 -26%
Sex Offense 0 1 1 -1 -100%7 4 3 75%
Vandalism/Graffiti 5 12 11 -6 -55%42 44 -2 -5%
Warrant Arrest 43 39 27 16 59%200 212 -12 -6%
Weapons 2 5 5 -3 -60%14 30 -16 -53%
Total Pt 2 Crimes 102 133 115 7 -11%524 648 -124 -19%
MAY 2022
PISMO BEACH POLICE DEPARTMENT
MONTHLY ACTIVITY AND CRIME STATISTICS
1433 1477
1796
1548 1527 1424 1411 1322 1437 1299 1210 1271 1287
1062 910 1107 1018 1019 926 931 787 775 879
1124 997 920
262 223 278 254 256 221 192 182 215 228 203 199 207
May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 WORKLOAD TREND Community-Generated Calls Self-Initiated Activities Incident Reports Attachment 6
9.C-30Council Agenda 6-21-2022
Packet Page 49
ARRESTS May 2022 May 2021 Apr 2022 Variant % Change YTD 2022 YTD 2021 Variant % Change Adult 123 150 113 10 9%465 656 -191 -29%
Juvenile 7 1 1 6 %5 7 -2 -29%
Total Arrests 0 0%470 663 -193 -29%
0%
CITATIONS 0%
Traffic Violation Citations 74 113 112 -38 -34%430 526 -96 -18% Infraction 50 58 74 -24 -32%299 292 7 2%
Hazardous 0 0 0 0 0%0 0 0 0%
Misdemeanor 24 54 38 -14 -37%131 233 -102 -44%
Felony 0 1 0 0 0%0 1 -1 -100%
All Other Citations 138 117 105 33 31%539 563 -24 -4%
Warnings 31 98 43 -12 -28%223 283 -60 -21%
Parking Citations 1,089 1,181 1,139 -50 -4%6,079 4,379 1,700 39% Total Citations 1,332 1,509 211 1,121 531%7,271 5,751 1,520 26% TRAFFIC ACTIVITY 0%
Traffic Stops 297 426 499 -202 -40%1,654 2,277 -623 -27% Traffic Accidents 9 13 16 -7 -44%58 67 -9 -13%
DUI 0 4 4 -4 -100%7 12 -5 -42%
Hit & Run 2 5 7 -5 -71%13 18 -5 -28%
Injury 1 4 5 -4 -80%11 24 -13 -54%
Property Damage Only 6 10 9 -3 -33%44 50 -6 -12%
0 0 0 0 0
0 0
0 4
0 2
1 4
MONTHLY ACTIVITY AND CRIME STATISTICS
MAY 2022
PISMO BEACH POLICE DEPARTMENT
335
499
297
226
179
111
37 58
26 MAR
APR
MAY
3 MONTH TRAFFIC STOPS ACTIVITY
Led to Arrest
Led to Citation
Vehicle Stops 0%0%
43%
28%
0%
29%
MONTHLY TRAFFIC COLLISION
CAUSES
DUI
Failed to Stop
Failed to Yield
Other
Unsafe Start/Back
Unsafe Turn/Lane
Change
Attachment 6
9.C-31Council Agenda 6-21-2022
Packet Page 50
JU
Jun 2019 Jul 2019
68%of reported actvity occurred between the hours of 7:00 a.m. and 6:59p.m. 32%of reported activity occurred between the hours of 7:00 p.m. and 6:59 a.m. 37%of reported activity occurred on the weekend.
PISMO BEACH POLICE DEPARTMENT
MAY 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%6.8%2.9%4.3%18.4%20.8%30.0%5.8%2.4%1.0%1.9%3.9%1.4% 1 14
6 9
38 43
62 12
5 2 4 8
3 Case Reports Per Zone
Sun
19%
Mon
17%
Tues
12%Wed
12%
Thurs
11%
Fri
11%
Sat
18%
ACTIVITY BY DAY OF WEEK
Days
68%
Nights
32%
ACTIVITY BY SHIFT
Attachment 6
9.C-32Council Agenda 6-21-2022
Packet Page 51
PUBLIC WORKS AND ENGINEERING DEPARTMENT
MAY 2022 ACTIVITY REPORT
CAPITAL IMPROVEMENT PROJECTS
Shell Beach Reservoir 1 Replacement
• Contractor completed installation of internal mixing system and is installing coating on interior floor.
• Working on exterior piping and site access improvements. • Preliminary filing has occurred, and final testing and sampling occurred the week of May 31, 2022.
• Anticipate placing tank into service on June 3, 2022, pending clear test results.
Safety Center
• RFP for architectural services for the PD annex advertised, proposals due May 19, 2022. • 6 proposals received and are being reviewed and ranked by staff.
Pier Ave Stairs Closure
• Consultant has performed the site assessment of the stairs and developed repair and alternatives.
• Draft report expected for review.
Toucan Terrace Sewer Pipeline Trestle Bridge
• Consultant has gathered paint chip samples and sent to the lab for evaluation of lead and other chemicals.
Dolphin Bay Public Storm Drain Repair
• 60% engineering plans are being prepared.
Palisade and Chumash Park Playgrounds
• Consultant is preparing an Environmental/archeological review. • Consultant is preparing a topographic survey.
• Anticipate receiving reports in mid-June.
Chapman House Shoreline
• Consultant has begun study to update the 2013 shoreline stabilization recommendations report.
Price Historical House
• Gazebo concrete pad is being prepared and poured.
• Placed gazebo on new concrete pad on Tuesday May 24, 2022.
Central Coast Blue
• Prop 1, Round 3 concept proposal has been accepted and the City has been invited to submit a full proposal.
St Jude’s Tunnel
• Signage and lighting installed.
• Decorative fencing is on order.
Attachment 7
9.C-33Council Agenda 6-21-2022
Packet Page 52
• Vintage Mural coordinating painting schedules.
Bello and Price Canyon Signal
• RFP for design services advertised, proposals due June 9, 2022.
Price Canyon Road Slope Repair
• Notice of Completion approved by Council on May 17, 2022.
Ocean Blvd Improvements
• Placing temporary shoring and continuing to construct cast-in-drilled hole (CIDH) pile foundations for bluff stabilization.
• Continued construction of drilled pile foundations and new storm drain and outfall.
Dinosaur Caves/Price Historic Park Restroom
• Notice of Completion approved by Council on May 17, 2022.
Storm Drain Improvement Project – Reef Court, Encanto and Windward • Working through final change orders.
Corp Yard Remodel/Addition and City Hall Improvements
• City Hall – substantial completion, working on final punchlist and IT on their related issues and subcontracted work.
• Corp Yard – estimated completion June 2022.
Paving Project
• Contracts in process
• Preliminary meeting with contractor and CM held on May 12, 2022. • Pre-Con meeting held May 26, 2022.
Chapman Estate Improvements
• Roof – estimated completion end of May.
• ADA Restroom – Consultant working on third plan submittal. • Window Replacement – Consultant working with Pella representative for detailing and quantity of donated windows.
James Way Beautification Project
• Design contract approved by Council on May 17, 2022.
• Kick off meeting held May 18, 2022.
• Survey Scheduled for June 6th, 2022.
Ventana Tennis Courts Project
• Design contract approved by Council on May 17, 2022.
• Contract in process for consultant to provide biological and archeological services during the design phase.
• Kick off meeting held May 26, 2022.
• Kick off meeting with SWCA (environmental) held on May 31, 2022. • Survey scheduled for June 26th, 2022.
• Consultant working on preliminary design.
Attachment 7
9.C-34Council Agenda 6-21-2022
Packet Page 53
PUBLIC WORKS OPERATIONS
Utilities Division
• Successful shutdown for the insertion of a 16x8 ‘T’ at the intersection of 4th and Five Cities Dr. for the People’s Self-Help Housing project.
• Working with Granite construction on supplying electrical to their job trailer from the Vista Del Mar lift station.
Public Facilities Division
• Set up for Ocean Blvd groundbreaking.
• Desk repairs.
• Light repairs at Price House.
• Police memorial rehearsal.
• Landscape cleanup around St. Jude’s Tunnel.
• Striping for downtown parking.
• Chapman landscaping.
• Planted tree for wastewater.
• Graffiti abatement.
• Irrigation repairs.
• Pesticide cert training.
• Street sweeper demo and bid opening.
• Gazebo repairs.
• Gazebo relocation - one to Margo Dodd Park, one from Margo Dodd Park to Price Historical Park.
• Weed abatement at Tennis Courts/BB courts.
• Graffiti abatement St Jude’s Tunnel.
• Irrigation repairs Dinosaur Caves Park.
• Memorial Day event prep.
• New hire training in Plaza.
ENGINEERING ACTIVITIES
Development Review/Permits
• Addie Street – Final PIP review is in process by staff.
Stormwater
• Ongoing erosion control inspections.
OTHER ACTIVITIES
During the month of May project development review, staff performed 24 plan checks.
Engineering staff issued 1 encroachment permit, , renewed 5 COVID support dining permits and performed 3 field inspections during the month.
Attachment 7
9.C-35Council Agenda 6-21-2022
Packet Page 54
March: N/A
YTD: N/A
VIC Walk-In Count: N/A
Daily Average: N/A
International visitors:
N/A
Inquiries/Comments
N/A
• Received leads from Visit California, added them to our newsletter and sent out Visitors Guides. • Answered questions about Chapman estate, Special Events, July 4 th Celebration and Weddings. • Sent out confirmation to approved Vendors for July 4th celebration. • Emailed Event Promotional Funding Applicants to attend the CVB/LBID Board Meeting to present their events and funding re- quests to the Board. • Updated clam painting at Pismo Coast Village. • Answered questions to SLO County Integrated Waste Management Authority regarding food recovery at the Clam Festival. • Verified vendor Business Licenses for Chambers Farmers Market, Art in the Park and Just Cruzin Productions Car Show. • Completed Gordons Travel Forms for CCTC and CLIA Conferences. • Event organizers that have requested Event Promotional Funding attended the CVB/LBID Board Meeting to present their events and answer questions. • Received Marine Event Permit for July 4th Celebration from US Coast Guard. • Scheduled security for July 4th Celebration and made payments to Zambelli, Epic Entertainment, SYVE Rentals and Ribline for event. • Wrote and submitted Clam Chronicle articles. • Updated Visitors Guide before placing new order. • Received final RFP bids for upcoming ISA World Para Surfing Lodging. • Received vendor information, payments and licenses for upcoming July 4th Celebration Vendors. • Signed CVB Staff up for upcoming Cashiers Training course. • Sent out social media post for July 4th Commercial Vendors. • Requested but are still waiting on Car Show vendor list, and payment to the City for Car Show. • Working on 2022 collateral order.
Visitors Information Center and Airstream Highlights
• Sent Visitors Guides to New York, Maryland, Ohio, Illinois, Texas, California. New Jersey, Michigan and Wisconsin. • Delivered Visitors Guides to local lodging properties. • Delivered Car Show posters to local downtown businesses.
Chapman Estate Highlights
• Hosted Chapman Estate Neighborhood Gathering. • Worked with Public Works and Chapman Foundation on getting Estate ready for the Neighborhood Gathering. • Sent SEC application and information regarding rental of Chapman Estate or a wedding • Scheduled and gave site tour for possible upcoming Chapman Estate private event. • Submitted Check Request for April Docent Tour Fees for Chapman Estate. • Sent out three Family Membership letters for Chapman Estate Memberships. • Added lunch picnic to Chapman Estate Calendar. • Sent Chapman Estate Front Gate Log to Chapman Estate Foundation. • Created name tags for Neighborhood Gathering guests. Pulled tablecloths and other items out of storage for event. Created guestlist for check in. Confirmed staffing and other event details with caterer.
SEC Highlights
• Sent out SEC meeting minutes and submitted applications to City Manager for review. • Worked with SEC permit applicants on their pending items for permitting. • Issued SEC permits for Ampsurf events. • Issued SEC Permits for Splawaski Wedding, AIDS/LifeCycle, and AmpSurf for Operation Restoration Learn to Surf, Learn to Surf Clinics, 9/11 Memorial Paddle Out and Sigma Kappa Sorority Beach Bash. • Working with Surfing For Hope on the SLO Cal Open SEC permit outstanding items. • Followed up with JCP on outstanding items for Car Show SEC permit. • Received Event Promotional Funding application or Pismo Jazz Jubilee, St. Anthony Celebration and Pismo Chamber events.
Attachment 8
9.C-36Council Agenda 6-21-2022
Packet Page 55
PLATFORM TOTAL FANS/
VIEWS
NEW THIS
MO.
Facebook 202,228 347
Twitter 6,184 0
Instagram 67,424 753
YouTube 640,990 333
E-Newsletter 49,186 7,745
ExperiencePismoBeach.com THIS MONTH YEAR TO DATE
Total Sessions 75,133 833,028
Average Daily Visitors 2,423 2,282
All Lodging Referrals 3,825 43,294
Jack Rabbit
Referrals
1,495 15,376
• Agenda Review Meeting
• CCTC Annual Retreat
• City Council Meeting
• SLO CAL Annual Bash
• Visit SLO CAL Marketing Meeting
• Chapman Estate Board Meeting
• SLO Coast Wine Collective Marketing Meeting
• Directors Meeting
• CVB/LBID Board Meeting
• Department Head Meeting
• Management Training Academy
• Visit SLO CAL Advisory Council Meeting
• Chapman Foundation Annual Meeting
• Partner Pre-IPW Meeting
• BioHazard Training
• https://enjoyslo.com/best-things-to-do-in-slo-county-may- 2022/
• https://www.sandiegomagazine.com/partner-content/9-
destinations-on-the-california-coast-you-should-visit-this- summer/article_17d6a39a-c723-11ec-a31c-
73498db5343b.html
• https://keyt.com/lifestyle/travel/2022/05/02/tourism- industry-thriving-in-slo-county-generating-pre-pandemic- numbers/
• https://keyt.com/news/local-news/2022/05/07/ampsurf- holds-the-hanger-ampsurf-learn-to-surf-clinic/
• https://www.newtimesslo.com/sanluisobispo/best-of-slo- county-2022-get-out/BestOf?oid=12450029
• https://www.inarabymay.com/california/3-day-itinerary-for- pismo-beach-california%EF%BF%BC/
• https://www.thetravel.com/explore-california-5-day-bucket- list-road-trip-circuit/
• https://www.paralympic.org/para-sport/news/isa-world- para-surfing-championship-return-california-2022
• https://www.sunset.com/travel/monarch-butterfly-grove- trail
• https://www.paralympic.org/para-sport/news/isa-world- para-surfing-championship-return-california-2022
• https://www.insidethegames.biz/articles/1123176/pismo- para-surfing
• https://www.bollyinside.com/news/sports/pismo-beach- returns-to-host-the-isa-world-para-surfing-championships- for-2022
• https://keyt.com/news/san-luis-obispo-county/2022/05/16/ with-areas-of-the-central-coast-experiencing-hot-weather- visitors-came-out-to-enjoy-the-beach/
• https://www.sunset.com/travel/road-trip-electric-car-routes • https://jewishjournal.com/culture/food/348531/dont-miss- the-beauty-in-your-own-backyard/
• https://www.youtube.com/watch?v=WYYOxh3AuvI
• https://www.luxurytravelmagazine.com/news-articles/wine- country-resorts-to-visit-this-summer
• https://www.sportstravelmagazine.com/pismo-beach-
returns-as-isa-world-para-surfing-championships-host-for- 2022/
• https://www.kcbx.org/central-coast-news/2022-05-19/kcbx- news-update-cal-poly-hosts-ca-college-corps-event-
monarch-butterflies-rebound
• https://hikinginbigsur.com/best-beaches-along-highway-
1.html
• https://www.jeffersongraham.com/post/california-highway- 1hits-the-end-of-the-ride
• https://havenlifestyles.com/california-beach-communities/ • https://www.star-telegram.com/news/nation-world/
national/article261714072.html
• https://www.theguardian.com/environment/2022/may/24/ monarch-butterflies-mexico-population-rise
• https://enjoyslo.com/things-to-do-memorial-day-weekend- slo-county-2022/
• https://www.sanluisobispo.com/living/travel/
article261747872.html
• https://www.sanluisobispo.com/news/local/
article261786257.html
• https://thepointsguy.com/guide/california-hotels-connect- great-outdoors/
• https://www.sanluisobispo.com/news/local/
article261786257.html
Attachment 8
9.C-37Council Agenda 6-21-2022
Packet Page 56
RECREATION PROGRAMS
• Spring adult programs for May continued; programming for both outdoor and indoor classes include Art, Yoga, Tae Kwon Do, Qi Gong, Beginning watercolor, Judo and Latin/Ballroom Dance. • The Pismo Beach Volleyball Spring program began in May. This month-long program was for 6-8th graders, the program met on Mondays/Wednesday evenings and had over 65 participants. • Enrollment for summer began in early May. Many camps are full and waitlisted. Pismo beach Volleyball Club is continuing to grow to record numbers (over 150 registered and counting). Popular camps include Art with Kayleigh, Sea Exploration, Creative Kids, and Ocean Adventure. • Recreation registered 185 participants for recreation programs in May. • The free pickleball clinic scheduled monthly had over 16 participants registered. • South County Chamber of Commerce Scholarships for Pismo Residents closed at the end of the month, and we are currently registering applicants to available camps. The city has extended the application deadline to provide even more opportunities to residents in need.
• Recreation continues to register participants over the phone/answer questions relating to upcoming classes/ programs. We expect this trend to continue through mid-June as parents are finalizing summer plans for their children.
• Instructor payments/invoices/weekly cash reconciliation completed as scheduled. • Flyers for upcoming classes and camps were created and translated, with flyers uploaded onto Peachjar to pro- mote these activities (school district promotional distribution service). • CPR / First Aid class was scheduled for staff and instructors to prepare for the upcoming summer season.
SPECIAL EVENTS
• Recreation held the Senior Dance on May 9th. With approximately 30 in attendance, May’s theme was Mexican Fiesta, with catering provided by Zorro’s cantina. Music was again provided by the Swingin’ Bridge Band. • Recreation’s Mother’s Day Concert on May 8th, had over 1500 in attendance. Family favorite Damon Castillo Band performed which has become an annual tradition with the community. A special added performance by nationally recognized Juggler, Mark Wilder, provided laughs and a high energy show for kids and adults to both enjoy! Even with higher-than-expected winds, the crowd, performers, and food vendors all put worked together to make it a great day for everyone.
• The California Beach Volleyball Association tournament series kicked on May 16 th at the Wadsworth beach vol- leyball courts The first of 4 tournaments scheduled this year, this all-women tournament featured 16 teams.
The next three tournaments will be for youth.
• Recreation’s first community event for 2022 kicked off at the Hacienda Del Pismo senior living community. This event featured live music by Bob and Rachel Santa Cruz, with food provided by Taco Party Catering. We exceed- ed out expected turnout with over 80 community members joining us for music, food, and social connection.
The response was better than we could have hoped for, and everything was well received by all. Councilwomen Sheila Blake attended and spent really took the time to get to know the community. • Recreation staff is currently planning upcoming events for June which include the Pacific Breeze Concert Featur- ing Dante Marsh and the Vibe Setters on June 12th, Senior dance on June 13th, and our first Neighborhood event on June 22nd.
• Recreation and San Luis Distance Club is preparing for the upcoming Stride with The Tide event, the event is scheduled for July 30th, 2022. A meeting is planned for June 2nd to confirm details. The t-shirts, banner and post- er have all been designed and the contract has been reviewed by the City ’s attorney.
Attachment 8
9.C-38Council Agenda 6-21-2022
Packet Page 57
FACILITIES
• Park/Hall rentals, staff continues to book park rentals. Requests for rental have been steadily increasing heading into the summer.
• Sixteen Park rental applications and one hall reservation were booked for the month of May. • Recreation communicated with special events regarding park application, fees and rental details. Janitorial ser- vices for all upcoming events were discussed with public works. • Adopt-a-bench inquires continue with currently the only benches available are along Shell Beach Road Streetscape and the pier picnic tables. Recreation is currently reviewing current benches and preparing to send renewal notifications to benches in the area of Eldwayen Ocean Park.
PRBC – Public Art Projects
• Installation of St. Jude’s tunnel lighting and lighted entryway signs was completed by Southpaw Designs at the end of May. This state-of-the-art LED lighting can be customized to create colorful scenes in the tunnel as need- ed for use. These can be programmed and scheduled on demand with LED technology also being both efficient and long-lasting. With the lighting completed, we are waiting for a confirmation on mural completion from AC Vintage Designs. Due to supply chain issues, AC Vintage continues to wait on materials to complete the mural. • The Bello Street Bridge project is waiting on the completion of the vegetation and the construction of the con- crete slab to complete the public art project which includes seating and historical panels. Engineering is secur- ing the contract for the concrete slab. Current projections for the concrete slab construction is fall of 2022 with Southpaw completing the art project approximately 12 weeks after slab completion. • A certified playground inspection was completed for Chumash park. Recreation received the results of the re- port and are addressing the needs to make Chumash park’s surfacing compliant. Recreation has received both Recreation West Outdoor Products (RecWest) and Central Coast Playgrounds estimates to replace surfacing and worn playground equipment.
OTHER:
• Recreation Coordinator Larry Kim attended his first California Park and Recreation Society District 8 meeting virtually through Zoom. A monthly meeting, members in District 8 are recreation staff from local municipalities including Atascadero, Templeton, San Luis Obispo, Santa Maria, and Paso Robles. The purpose of this organiza- tion is to promote recreation and train professionals in the field while collaborating with neighboring organiza- tions to improve recreation services both internally and to the public. • Staff attended the bloodborne pathogen training and harassment training.
Attachment 8
9.C-39Council Agenda 6-21-2022
Packet Page 58
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E
SUBJECT/TITLE:
UPDATE ON MARCH 16, 2020 AND JANUARY 12, 2017 EMERGENCY
PROCLAMATIONS
RECOMMENDATION:
No action required; information only.
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-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.
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. 1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=250354&dbid=0&repo=Laserfiche Council Agenda 6-21-2022 9.D-1
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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, which is still in effect.
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- 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 provided 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 Council Agenda 6-21-2022 9.D-2
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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 of 2021, 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 were 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 late 2021, City was monitoring concerns relating to the delta variant of the coronavirus, and 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 had issued a directive requiring 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.
The California Governor ended the state’s indoor mask mandate for vaccinated people on February 15, 2022, and at that point, vaccinated employees and officials were no longer required to wear face coverings inside City work facilities. A hybrid in-person/virtual legislative meeting model was implemented for meetings of the City Council and advisory bodies, with legislative body members, staff, and the public participating both in the Council Chamber and virtually.
Due to a relatively high number of COVID-19 cases at City Hall in late May and early June 2022, a number of staff resumed work-from-home practices on a temporary basis, and in addition to following standard CalOSHA guidance, enhanced guidance for masking upon returning to the office was implemented. Legislative meetings in the first half of June are being held entirely virtually, 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 just received notification from Caltrans LA in April 2022 that a time extension has been granted giving the City until September 30, 2022 to provide request for construction authorization for the project to FHWA.
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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 submittal review and approval for most materials, equipment, traffic control and staging took place through March and April 2022. A groundbreaking ceremony took place the week of April 25, 2022 and construction has commenced. Construction is ongoing with installation of concrete pile foundations and tiebacks into bluff face for stabilization.
Construction for the Price Canyon Road Slope Repair project is complete along with the 3-month plant establishment period. A Notice of Completion was approved by the City Council on May 17, 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 contract has been executed with Eikhof Design Group, Inc., which has prepared 100% engineering plans for inhouse review and comments. The consultant has begun to prepare a bid document package and technical specifications.
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)
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) 2 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=107586&dbid=0&repo=Laserfiche Council Agenda 6-21-2022 9.D-4
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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)
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
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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.
Staff is also pursuing a grant from the California Governor’s Office of Emergency Services (CalOES), through the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program for stabilization of a portion of the bluff near the City’s lift station at the end of Harloe Street. The City submitted a full subapplication to CalOES on April 8, 2022.
FISCAL IMPACT:
There is no direct fiscal impact from this report.
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.
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.
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ALTERNATIVES:
None, for information only.
ATTACHMENTS:
None.
Prepared by: Meeting Date: June 21, 2022
Chad Stoehr, P.E., Engineer
Erica Inderlied, City Clerk
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E
SUBJECT/TITLE:
PROPOSITION 1 GROUNDWATER GRANT PROGRAM FUNDING AGREEMENT
WITH THE STATE WATER RESOURCES CONTROL BOARD AND DESIGNATION OF
REPRESENTATIVES FOR CENTRAL COAST BLUE
RECOMMENDATION:
Adopt a Resolution authorizing staff to enter into a Proposition 1 Groundwater Grant Program funding agreement with the State Water Resources Control Board and authorizing and designating representatives for Central Coast Blue.
BACKGROUND:
Central Coast Blue (the Project) is a regional, indirect potable reuse project that will provide a drought resistant, sustainable local water supply for south county cities, improve and protect water quality in the Santa Maria Groundwater Basin, and enhance the health of our critical water basin. Project stakeholders include the cities of Pismo Beach, Arroyo Grande, and Grover Beach, and the South San Luis Obispo County Sanitation District.
The three Cities recently developed and approved a cost-sharing agreement to split the cost share based on the benefit to each agency which is currently calculated based on their groundwater entitlement. A draft Joint Powers Agreement is also in the final stages of development and will be considered by the respective City Councils in August 2022.
The City is submitting an application to the California State Water Resources Control Board’s Proposition 1 Groundwater Grant Program requesting funding for Central Coast Blue. The grant application will include over $25 million in requested funding, for which the participating agencies will provide at least a 50% match contribution. The requested funding is for design and construction of the project. Prior to the State Water Resources Control Board's executing a funding agreement, the City of Pismo Beach is required to adopt a Resolution authorizing an agent, or representative, to sign the funding agreement, amendments, and requests for disbursement on behalf of the City of Pismo Beach and to carry out other necessary project-related activities. The Resolution (Attachment 1) lists the following City official titles as authorized representatives.
City Manager (James R. Lewis)
Director of Public Works/City Engineer (Benjamin A. Fine) Administrative Services Director (Nadia Feeser)
Once the Resolution has been submitted, the State Water Resources Control Board will move forward with processing the grant application.
Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) supporting the State Water Resources Control Board Proposition 1 Groundwater Grant Program
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application for funding for the Central Coast Blue project and designating City representatives.
FISCAL IMPACT:
There is no direct fiscal impact from adopting the attached resolution. If the grant application is successful, staff will return to Council at a future date to appropriate the grant revenues and corresponding expenditures.
ALTERNATIVES:
1. Do not approve the resolution; provide staff with direction.
ATTACHMENTS:
1. Resolution
Prepared by: Meeting Date: June 21, 2022
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer 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 AUTHORIZING STAFF TO ENTER INTO A PROPOSITION 1
GROUNDWATER GRANT PROGRAM FUNDING AGREEMENT WITH THE STATE
WATER RESOURCES CONTROL BOARD AND AUTHORIZING AND DESIGNATING
A REPRESENTATIVES FOR CENTRAL COAST BLUE
WHEREAS, the City of Pismo Beach has submitted an application to the State Water Resources Control Board for Proposition 1 Groundwater Grant Program funding for Central Coast Blue (Project); and
WHEREAS, prior to the State Water Resources Control Board’s executing a funding agreement, the City of Pismo Beach is required to adopt a resolution authorizing an agent, or representative, to sign the funding agreement, amendments, and requests for disbursement on behalf of the City of Pismo Beach and to carry out other necessary Project-related activities.
NOW, THEREFORE, BE IT RESOLVED that the City of Pismo Beach is hereby authorized to carry out the Project, enter into a funding agreement with the State Water Resources Control Board, and accept and expend State funds for the Project.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby asserts that the City Manager, Director of Public Works/City Engineer, or Administrative Services Director, or designee, is hereby authorized and designated to sign, for and on behalf of the City of Pismo Beach, the funding agreement for the Project and any amendments thereto.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby asserts that the City Manager, Director of Public Works/City Engineer, or Administrative Services Director, or designee, is hereby authorized and designated to represent the City of Pismo Beach in carrying out the City of Pismo Beach’s responsibilities under the funding agreement, including certifying invoices and disbursement requests for Project costs on behalf of the City of Pismo Beach and compliance with applicable state and federal laws.
BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby asserts that any and all actions, whether previously or subsequently taken by the City of Pismo Beach, which are consistent with the intent and purposes of the foregoing resolution, shall be, and hereby are, in all respects, ratified, approved and confirmed.
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 21st day of June 2022, by the following vote:
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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.F
SUBJECT/TITLE:
AWARD OF CONTRACT TO ENGEL & GRAY, INC. FOR BIOSOLIDS COMPOSTING
RECOMMENDATION:
Adopt a Resolution authorizing the exemption from formal bidding procedures and authorizing the City Manager to enter into a Professional Services Agreement with Engel & Gray, Inc. in the amount of $130,000 per year for three years.
BACKGROUND:
The City has for many years used Engel & Gray to provide biosolids composting as they are the only qualified provider in the vicinity of Pismo Beach. This service provides hauling, treatment, and disposal of the City’s Wastewater Treatment Plant biosolids. The City’s Wastewater Treatment Plant produces approximately 130 tons of biosolids per month, or 1,560 tons per year.
In 2013 and again in 2018, the City Council authorized the exemption from formal bidding procedures for the biosolids composting contract due to geographical constraints and proximity of other vendors resulting in increased composting rates. Engel & Gray, Inc. has been the City's service provider since 2013.
Requirements of City’s Purchasing Policy
The City’s Purchasing Policy (Policy) states that annual contracts which exceed $50,000 should be put out to formal bid, and requires all such contracts to be awarded by the City Council. However, the Policy does allow the City Council to grant exemptions to the formal bid process when there are extenuating circumstances. Specifically, the purchasing policy states:
“Trade service contracts exceeding $50,000 must be awarded by the City Council. Formal bidding should be used to assure all possible contractor/service providers are given the opportunity to bid on major City contracts, thereby assuring the City that it has received the most competitive price. The formal process generally takes more time and expense than informal bidding and in some instances may actually not be the most cost- effective approach.”
Further, the policy sets forth the following, regarding exemptions:
“When there are extenuating circumstances that would make formal bidding not the most cost effective approach. This often relates to qualitative, artistic, or proprietary software/technological issues. The appropriate Department Head shall prepare a report to Council requesting an exemption from the formal bidding procedures.”
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In the case of the biosolids composting contract, due to geographical constraints and lack of proximity of other vendors resulting in increased composting rates, staff recommends that the Council approve an exemption from the formal bid process.
The quote from Engel & Gray, Inc. (Attachment 1.A) is $61.58 per ton for hauling and composting. The overall contract cost will be determined by the amount of waste per ton removed and processed. The annual contract will not exceed $130,000, as discussed in the Fiscal Impact section below.
Conclusion and Recommendation
In consideration of the above, staff recommends that the Council adopt a Resolution (Attachment 1) authorizing an exemption from formal bidding requirements, as provided for in the City's Purchasing Policy, and awarding a contract (Attachment 2) to Engel & Gray, Inc. in the amount not to exceed $130,000 per year for biosolids composting for Fiscal Year (FY) 2023 through FY 2025.
FISCAL IMPACT:
The fiscal impact of adopting the attached resolution is $130,000 per year and $390,000 over three fiscal years (FY 2023 through FY 2025) in the Wastewater Enterprise Fund.
This amount is based on the price per ton at the rate of $61.58 and historical actual costs.
The Wastewater Enterprise Fund Public Works, Wastewater Division, Biosolids Treatment and Disposal account includes $80,000 for FY 2023.
Biosolids Treatment and Disposal Budget $80,000
Engel & Gray, Inc. annual contract 130,000
Budget Shortfall/ Surplus $(50,000)
In order to close the budget shortfall, staff recommends appropriating $50,000 in the Wastewater Enterprise Fund Public Works, Wastewater Division, Biosolids Treatment and Disposal account from the Wastewater Enterprise Fund available fund balance (net position) in FY 2023. There is sufficient available fund balance to support this cost.
ALTERNATIVES:
1. Do not authorize the Resolution; provide staff with direction on how to proceed.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: Proposal/Scope of Work
2. Engel & Gray Professional Services Agreement
Prepared by: Meeting Date: June 21, 2022
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer 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 AUTHORIZING THE EXEMPTION FROM FORMAL BIDDING
PROCEDURES AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH ENGEL & GRAY, INC. IN THE AMOUNT OF $130,000 PER YEAR FOR THREE YEARS
WHEREAS, Engel & Gray, Inc. has been the City's service provider for biosolids composting since 2013, providing hauling, treatment and disposal of the City’s Wastewater Treatment Plant biosolids; and
WHEREAS, in 2013 and again in 2018, the City Council authorized the exemption from formal bidding procedures for the biosolids composting contract due to geographical constraints and proximity of other vendors resulting in increased composting rates; and WHEREAS, the quote from Engel & Gray, Inc. is $61.58 per ton for hauling and composting and the overall contract cost will be determined by the amount of waste per ton removed and processed; and
WHEREAS, the contract cost will not exceed $130,000 per year, and $390,000 over three fiscal years (FY 2023 through FY 2025).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes an exemption from the City’s Purchasing Policy’s formal bidding requirements due to geographical constraints and lack of proximity of other vendors resulting in increased composting rates.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement with Engel & Gray, Inc. in the amount not to exceed $130,000 per year and $390,000 over the three- year term, for biosolids composting for Fiscal Year FY 2023 through FY 2025 (scope provided as Exhibit A).
BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $50,000 in the Wastewater Enterprise Fund Public Works, Wastewater Division, Biosolids Treatment and Disposal account from the Wastewater Enterprise Fund available fund balance (net position) in FY 2023.
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 21st day of June 2022, by the following vote:
AYES:
NOES:
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ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
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Vendor Agreement (Rev. 2/2/2018)
CITY OF PISMO BEACH
VENDOR AGREEMENT FOR PROFESSIONAL SERVICES
This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Engel & Gray, Inc. (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
RECITALS:
CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:
Hauling, treatment and disposal of the City of Pismo Beach’s Wastewater Treatment Plant biosolids.
VENDOR represents and warrants that it is qualified to perform those services.
AGREEMENT:
I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.
VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. CITY’s City Manager may approve additional work not to exceed thirty thousand dollars ($30,000.00). Any additional work in excess of this amount shall be approved by the City Council. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.
II. TERM
Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from July 1, 2022 through June 30, 2025. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.
III. COMPENSATION
A. VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of one hundred thirty thousand dollars ($130,000) per year or three hundred ninety thousand dollars ($390,000) over the three- year term of this agreement, unless otherwise first approved in writing by CITY. Should this
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AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.
B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.
IV. TERMINATION OF AGREEMENT
A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.
V. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.
VI. RETENTION OF FUNDS
VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.
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VII. CITY REPRESENTATIVE
The Utilities Manager is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.
VIII. VENDOR REPRESENTATIVE(S)
The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.
IX. INDEPENDENT CONTRACTOR
VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
X. BUSINESS LICENSE
VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.
XI. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.
XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS
A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.
B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the
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services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.
C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.
XIII. INDEMNIFICATION
A. Non-design, non-construction Professional Services:
To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
B. Non-design, construction Professional Services:
To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
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C. Design Professional Services:
In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.
D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.
XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.
XV. INSURANCE
A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
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2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3. Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.
4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
5. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.
B. Other provisions or requirements:
1. Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.
2. Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, employees, or subconsultants.
3. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or
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CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.
5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.
6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non- compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.
8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
9. Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.
10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." CITY need not be named as an additional insured on professional liability insurance policies.
11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement
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of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.
12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party providing any work under the Scope of Services under the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.
14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.
15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
16. Timely notice of claims. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
17. Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Scope of Services.
XVI. SUBCONTRACTORS
Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:
A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;
B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and
C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.
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XVII. CONFLICT OF INTEREST
No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.
No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
XVIII. NOTICE
All notices, requests, demands, or other communications under this AGREEMENT will be in writing.
Notice will be sufficiently given for all purposes as follows:
A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.
B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.
D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.
E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non- business day.
Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.
F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.
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XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.
The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.
XX. INTERPRETATION
The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.
XXI. SEVERABILITY
If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.
XXII. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
XXIII. GOVERNING LAW; JURISDICTION
This AGREEMENT will be administered and interpreted under the laws of the State of California.
Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.
XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS
VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.
XXV. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.
XXVI. ATTORNEY’S FEES
Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party
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will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.
XXVII. EXHIBITS
All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.
In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.
XXVIII. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that:
A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.
XXIX. INTEGRATION; AMENDMENT
This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.
Signatures begin on next page.
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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: ________________________________
Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
VENDOR:
Engel & Gray, Inc.
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice (See Section XVIII):
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative (See Section VIII):
Name/Title: ____________________________
Attachments:
Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.G
SUBJECT/TITLE:
AGREEMENT WITH ELLISON SCHNEIDER HARRIS & DONLAN LLP FOR LEGAL
SERVICES
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into an Agreement with Ellison Schneider Harris & Donlan, LLC to provide water law legal services.
EXECUTIVE SUMMARY/BACKGROUND:
The City has been party to a lawsuit involving the Santa Maria Groundwater Basin for many years, and while the case has proceeded to judgment, the court has retained jurisdiction to enforce the judgment and to monitor the status of the groundwater basin to prevent adverse impacts to the basin. As part of that monitoring, the City is required annually to provide reports to the court regarding the groundwater basin and the City’s efforts to manage groundwater within the basin. The City has had outside water law counsel for many years to represent the City in this litigation.
Until recently, the City shared outside legal counsel and the costs of such representation with the City of Arroyo Grande. Arroyo Grande has retained new counsel to represent it in the litigation going forward, and as a result, staff reviewed the existing legal services being provided to Pismo Beach. In light of significant water law issues anticipated to arise from the Central Coast Blue project in the coming years, staff believed it appropriate to solicit informal proposals from different water law firms to represent Pismo Beach.
Conclusion and Recommendation
Staff recommends the firm of Ellison Schneider Harris & Donlan, LLP, and Shawnda Grady of the Ellison firm, to provide water law legal services to the City going forward.
Ms. Grady’s resume is provided to the Council as Attachment 2. A resolution (Attachment 1) authorizing the City Manager to enter into the agreement (Attachment 1A) has been provided.
FISCAL IMPACT:
The fiscal impact of approving this agreement remains to be seen, depending on the amount of legal services provided in the future with respect to the Santa Maria Groundwater Basin litigation and issues relating to Central Coast Blue. The City Attorney is responsible for managing outside counsel and ensuring that costs are appropriate for the legal services being provided to the City. The water enterprise fund is typically charged for matters relating to the Santa Maria Groundwater Basin litigation.
ALTERNATIVES:
1. Decline to approve agreement and provide staff with direction of how to proceed.
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ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: Legal Services Agreement
2. Shawnda Grady resumé
Prepared by: Meeting Date: June 21, 2022
Dave Fleishman, City Attorney
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 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH ELLISON SCHNEIDER HARRIS & DONLAN LLP TO PROVIDE
WATER LAW LEGAL SERVICES
WHEREAS, the City has been party to a lawsuit involving the Santa Maria Groundwater Basin for many years; and
WHEREAS, while the case has proceeded to judgment, the court has retained jurisdiction to enforce the judgment and to monitor the status of the groundwater basin to prevent adverse impacts to the basin; and
WHEREAS, as part of that monitoring, the City is required annually to provide reports to the court regarding the groundwater basin and the City’s efforts to manage groundwater within the basin; and
WHEREAS, the City has had outside water law counsel for many years to represent the City in this litigation; and
WHEREAS, in light of significant water law issues anticipated to arise from the Central Coast Blue project in the coming years, staff believed it appropriate to solicit informal proposals from different water law firms to represent Pismo Beach; and WHEREAS, staff recommends the firm of Ellison Schneider Harris & Donlan, LLP, and Shawnda Grady of the Ellison firm, to provide water law legal services to the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a legal services agreement with Ellison Schneider Harris & Donlan, LLP in substantially the form attached hereto as Exhibit A to provide water law legal services.
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 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
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Attachment 1
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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
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AGREEMENT FOR LEGAL REPRESENTATION BETWEEN
CITY OF PISMO BEACH
AND
ELLISON SCHNEIDER HARRIS & DONLAN LLP
This is a representation agreement made between Ellison Schneider Harris & Donlan LLP (referred to as “we,” “us,” or “our firm”) and The City of Pismo Beach (referred to as “Client,” “you,” or “your”).
The terms of the agreement are as follows:
1. Services Provided
We shall provide those legal services reasonably required to represent you within the scope of work described below. As appropriate, this may include legal and factual research, drafting letters and legal documents, attending meetings with consultants, local, state, and federal agencies, appearing on your behalf in judicial proceedings, and organizing and maintaining files. We shall also keep you informed of significant developments and respond to your inquiries.
2. Scope of Work
The scope of our work is limited to acting as legal counsel to Client in relation to the matter identified as In Re: Santa Maria Valley Groundwater Litigation, Santa Clara County Superior Court, Docket No. 1997-1-cv-770214, as directed by Client.
3.Fees
We charge by the hour for the time our legal personnel (attorneys, law clerks, paralegals and document clerks) spend on your matter. Our hourly rates are outlined on Attachment A hereto. These rates are subject to periodic change. You will be given advance notice of any rate change. You agree to pay for our legal services at the applicable rates.
As a standard matter, our legal personnel bill in increments of 0.10 hours (6 minutes) for any task. They will charge for all telephone calls relating to your case, including, but not limited to, calls with you and other counsel. Our legal personnel may confer among themselves about your matter, as required. When they do confer, each person will charge for the time expended.
Likewise, if more than one of our legal personnel attends a meeting or other proceeding, each will charge for his or her time. We will charge for waiting time and for travel time, both local and out of town. All of the charges referred to will be at the rates prevailing when the time is expended.
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Attachment 1A
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Agreement for Legal Representation
City Of Pismo Beach
4. Costs
In addition to the fees set out above, we will incur various costs and expenses in performing the legal services described herein. You agree to pay for those costs and expenses reasonably incurred. The costs and expenses commonly include long distance telephone calls, electronic mail, facsimile, messenger and other delivery fees, postage, charges for computer research and outside assisted legal research, investigation expenses, consultant fees, mileage and parking, and photocopying and other reproduction. Unlike some firms, Ellison Schneider Harris & Donlan does not charge for ordinary clerical staff time, word processing, computer time, and other similar items.
However, we reserve the right to charge you for unusual costs of this nature, such as where your matter demands substantial clerical staff overtime or the hiring of additional, temporary employees. If out of town travel is required of legal personnel, you agree to pay all costs of such travel, in addition to the hourly rates for travel time. Costs and expenses will be charged to you at our standard cost charges as shown on Attachment B to this agreement. These cost charges are subject to periodic change.
5. Consultants
To aid in representing you, it may become necessary to hire a consultant or investigator.
We will not hire such a person without your consent. Once you consent, you will be responsible for such person’s fees and charges. We shall have the right to approve any consultant or investigator to be hired.
6. Billing
We will send to you a monthly statement of our fees and costs incurred for your review.
Our statements shall clearly state the basis thereof, including the amount, rate and basis for calculation of our fees. You agree to pay this statement within thirty (30) days of the statement’s date. Please provide your current Accounts Payable and Electronic Clearinghouse contact information requested in Attachment C, and inform us promptly if there are changes in invoicing contacts or process.
At our election, we may impose late fees or interest on past due accounts, to the extent permitted by law. Ellison Schneider Harris & Donlan may also institute collection proceedings or retain a collection agency to recover amounts past due. If any efforts are initiated to collect unpaid fees and costs, Ellison Schneider Harris & Donlan shall be entitled to recover all fees and expenses incurred.
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Agreement for Legal Representation
City Of Pismo Beach
7. Professional Liability Insurance
Our firm retains professional liability insurance.
8.Client’s Obligations
You agree to provide us with direction and guidance on those tasks which you expect us to perform. You also agree to keep us informed of significant developments related to its matter.
You further agree to pay the fees and costs, as set out above.
9. Termination of Representation
Upon written notice, you may discharge us at any time. We may withdraw only for good cause. Among the facts constituting good cause are your breach of this agreement, your refusal to cooperate with us or to follow our advice on a material matter, or any fact or circumstance that would render our continuing representation of you unlawful or unethical.
Upon the termination or conclusion of our services, you must pay all fees and costs our firm incurs up to the termination of our relationship. We acknowledge our obligation, upon your demand, to deliver its file at or after the termination or conclusion of our services.
10. Interpretation of Agreement
If any legal action is necessary to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to reimbursement of all reasonable attorney fees and costs incurred, including attorney fees and costs incurred in executing any judgment. Venue shall be in Sacramento County.
11. Contact Persons
David M. Fleishman is the principal contact person for Client and is the person directing the scope of our work. Shawnda M. Grady is the principal contact person for our firm and is the attorney in charge of this matter.
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Attachment 1A
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Agreement for Legal Representation
City Of Pismo Beach
12. Contract for Legal Services
This agreement is a contract for legal services. This agreement authorizes our firm to represent you concerning the matter described above. You have agreed to pay our fees and costs as billed, in accordance with the above terms. We have made no promises or guarantees to you about the outcome of this matter, and nothing in this letter shall be construed as such a promise or guarantee. This letter supersedes any prior oral or written agreements.
The above terms accurately set forth our agreement.
ELLISON SCHNEIDER HARRIS & DONLAN LLP
DATE: By
Robert E. Donlan
THE CITY OF PISMO BEACH
DATE: By
James R. Lewis, City Manager
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ATTACHMENT A
ELLISON SCHNEIDER HARRIS & DONLAN LLP
Water Attorneys - 2021 Hourly Rates
Attorneys
Robert E. Donlan $475
Christopher M. Sanders $450
Shawnda Grady $425
Craig A. Carnes, Jr. $425
Peter Jansen $310
Paralegals /Law Clerks
Paralegal $ 175
Law Clerk $ 175
Other partners, associate attorneys and contract
attorneys depending upon experience
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ATTACHMENT B
ELLISON SCHNEIDER HARRIS & DONLAN LLP
2021 CLIENT COST CHARGES
Photocopying $0.20/page
Outgoing Facsimile $2.00/page (includes telephone)
Incoming Facsimile No charge
Long Distance Telephone Actual cost of call + 50%
Local Telephone No charge
Postage, messenger, Federal Actual cost
Express, computer research,
other out-of-pocket expenses
and outside vendors.
Word Processing No charge
Secretarial Overtime $25.00/hour
Mileage Per IRS guidelines
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ATTACHMENT C
ELLISON SCHNEIDER HARRIS & DONLAN LLP
2021 Client Billing Form
Please provide the contact information for your Accounts Payable Representative should we require immediate reconciliation.
Name:
Title:
Billing Address:
Tel:
E-Mail:
If you use an electronic clearinghouse or billing management service for uploading monthly statements, please provide that contact information here:
Contact Name:
Title:
Clearinghouse Name:
Billing Address:
Tel:
E-Mail:
Should you require assistance or have questions regarding statements of our fees and costs incurred, please contact our Billing Representative or Firm Administrator.
Kimberlee L. Arrington Karen C. Gunther
Billing Representative Firm Administrator and CPA
Tel: (916) 447-2166, Ext. 8584 Tel: (916) 447-2166, Ext. 8585 E-Mail: [email protected] E-Mail: [email protected]
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SHAWNDA M. GRADY
EXPERIENCE
ELLISON SCHNEIDER HARRIS & DONLAN LLP
Partner, Sacramento, CA (2016-present)
Shawnda specializes in water rights and related areas of natural resources law, including all aspect s of surface and groundwater rights and state and federal laws relating to the use and management of water resources. Shawnda represents a broad range of public agencies, municipalities, public and private institutions, and individual water users with a focus on preserving and defending their water rights, providing counsel regarding surface and groundwater supply issues, including the Sustainable Groundwater Management Act, and compliance with environmental laws such as CEQA, NEPA, and the Endangered Species Act .
She regularly represents her clients before the State Water Resources Control Board, Department of Fish and Wildlife and other state and federal agencies, and in federal and California courts in various actions including comprehensive groundwater adjudications.
BLANK ROME , LLP
Associate, New York, NY and Los Angeles, CA (2008 - 2016) Shawnda’s practice focused on complex commercial, environmental, class action, and consumer financial litigation. She and represented clients in several state and federal trial and appellate courts in matters involving complex contract disputes, statutory and regulatory compliance, privacy, fraud, unfair competition, business torts, consumer class actions, and environmental, employment, and white collar claims. Shawnda represented clients in all phases of civil and white-collar criminal litigation, including pre-trial, trial, and appellate proceedings, and conducted internal investigations and advised clients on compliance issues.
HON. STANLEY R. CHESLER, U.S. DISTRICT COURT, DISTRICT OF NEW JERSEY Law Clerk , Newark, NJ (2007 – 2008)
As a law clerk, Shawnda researched and prepared draft opinions and bench memoranda addressing a diverse array of issues arising under federal and state civil and criminal law.
MCELROY, DEUTSCH, MULVANEY & CARPENTER, LLP
Associate, Newark, NJ (2006-2007)
Shawnda was a member of McElroy Deutsch’s labor and employment group. She participated in internal investigations, and advised and represented large corporate clients in the defense of claims arising under state and federal law, including the defense of nation-wide class action matters.
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Shawnda M. Grady
HON. STEVEN L. LEFELT, NEW JERSEY SUPERIOR COURT, APPELLATE DIVISION Law Clerk , Trenton, NJ (2005-2006)
Shawnda prepared bench memoranda analyzing issues arising under state and federal civil and criminal law for consideration during intermediate appellate review and edited draft opinions.
PROFESSIONAL AND COMMUNITY SERVICE
•Association of Women in Water, Energy & Environment
•American Bar Association
•California Lawyers Association, Environmental Law Section •Sacramento County Bar Association, Environmental Law Section •YMCA of Superior California, Member, Board of Directors (2017-2021) •Youth Soccer Coach, Land Park Soccer Club (2015-2020)
EDUCATION
Rutgers University School o f Law , J.D, 2005
University Of California, Davis, B.S., 1998
BAR ADMISSIONS
California
New York
New Jersey
U.S. Court of Appeals for the Ninth Circuit
U.S. District Courts for the Northern, Southern, Central, and Eastern Districts of California, Southern and Eastern Districts of New York, District of New Jersey
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.H
SUBJECT/TITLE:
REVISED SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT
AUTHORITY (IWMA) SECOND AMENDED AND RESTATED JOINT POWERS
AGREEMENT
RECOMMENDATION:
Adopt a Resolution authorizing the Mayor to execute the revised Second Amended and Restated Joint Powers Agreement to establish an Integrated Waste Management Authority for the cities of San Luis Obispo County, California.
BACKGROUND:
Following the County of San Luis Obispo’s indication of its intent to leave the countywide Integrated Waste Management Authority (IWMA), a joint powers authority (JPA) which previously included the County and all seven cities in the county, the remaining member agencies have had to evaluate the future of the agency and its membership.
On October 19, 2021, the City Council adopted Resolution R-2021-085 (Attachment 2) declaring its intention for the City of Pismo Beach to remain a member of the IWMA subject to certain conditions. Among other things, these conditions included four changes to the IWMA Joint Powers Authority Agreement:
A. Remove the five County supervisors from the IWMA board effective immediately;
B. Remove the eight-member [supermajority] voting provision within Section 8.5;
C. Add a provision which clearly and directly limits the IWMA’s authority and ability to adopt, impose, or implement any rule, regulation, policy, or ordinance in excess of state requirements;
D. Require a timeline for notice that must be given prior to a member choosing to withdraw from IWMA of not less than six months.
Following the Council’s October 19, 2021 action, it came to the attention of staff that, on October 13, 2021, the IWMA Board of Directors had approved amendments to the existing Joint Powers Agreement (JPA) and Memorandum of Agreement (MOA) that made the parliamentary changes necessary to permit the IWMA to continue without the County as a member. While the amendments to the JPA and MOA approved as to form by the IWMA Board on October 13, 2021 only addressed the Council’s conditions A and B for continued membership under a revised JPA, approval of the amendments at the time were necessary in order to permit the remaining agencies to meet and vote on further amendments.
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As such, on November 2, 2021, the City Council adopted R-2021-086 authorizing the Mayor to execute the JPA and MOA as amended in order to permit continued meetings of the remaining member agencies, whereafter staff indicated it would continue to negotiate the fulfillment of Council’s membership conditions C and D, and the resulting amended agreements would be returned to Council for action.
Further negotiation among the remaining member agencies (the cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo) has resulted in the amendment of the JPA in a manner satisfying the remaining conditions of the Council’s direction, and the revised second amended and restated JPA is now being returned to the Council for approval.
Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) authorizing the Mayor to execute the second amendment to the San Luis Obispo County Integrated Waste Management Authority (IWMA) Joint Powers Agreement (Attachment 1.A), as revised, to meet its conditions C and D for continued membership.
FISCAL IMPACT:
There is no direct fiscal impact to the City’s continued membership in the IWMA, or the execution of the amended JPA.
ALTERNATIVES:
1. Do not authorize execution of the agreement; provide alternative direction.
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: Revised IWMA JPA Amendment 2 Prepared by: Meeting Date: June 21, 2022
Erica Inderlied, City Clerk
Submitted by: James R. Lewis, City Manager
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 AUTHORIZING THE MAYOR TO EXECUTE THE REVISED SECOND
AMENDED AND RESTATED JOINT POWERS AGREEMENT TO ESTABLISH AN
INTEGRATED WASTE MANAGEMENT AUTHORITY FOR THE CITIES OF SAN LUIS
OBISPO COUNTY, CALIFORNIA
WHEREAS, on May 10, 1994, an agreement was executed by and between the incorporated cities of San Luis Obispo County (“Cities”) and the County of San Luis Obispo forming a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Government Code sections 6500 et seq.), for the purpose of facilitating the development of waste diversion programs and projects that provide economies of scale without interfering with individual agencies’ exercise of power within their own jurisdiction (hereinafter referred to as the “JPA Agreement”); and WHEREAS, pursuant to the JPA Agreement, the power to perform the responsibilities of the joint powers authority was vested in the San Luis Obispo County Integrated Waste Management Authority Board of Directors (“IWMA Board”); and WHEREAS, in or around 2001, a Memorandum of Agreement (“MOA”) was executed by and between the Cities, the County of San Luis Obispo, and certain special districts within San Luis Obispo County that possessed solid waste authority (“Authorized Districts”), amending the JPA Agreement to include the Authorized Districts for representation on the IWMA Board (also known as the First Amendment to the JPA Agreement); and WHEREAS, following the County of San Luis Obispo’s indication of its intent to leave the IWMA, the remaining member agencies have had to evaluate the future of the agency and its membership, and on October 19, 2021, the Pismo Beach City Council adopted Resolution R-2021-085 declaring its intention for the City of Pismo Beach to remain a member of the IWMA subject to four particular conditions (“A” through “D”); and WHEREAS, City staff then became aware that, on October 13, 2021, the IWMA Board of Directors had approved amendments to the existing Joint Powers Agreement (JPA) and Memorandum of Agreement (MOA) making the parliamentary changes necessary to permit the IWMA to continue without the County as a member; and WHEREAS, while the amendments to the JPA and MOA approved as to form by the IWMA Board on October 13 only addressed the Council’s conditions “A” and “B” for continued membership under a revised JPA, approval of the amendments at that time was necessary in order to permit the remaining agencies to meet and vote on further amendments; and
WHEREAS, on November 2, 2021, the City Council adopted R-2021-086 authorizing the Mayor to execute the IWMA JPA and MOA as amended in order to permit continued meetings of the remaining member agencies, whereafter staff indicated it would continue
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to negotiate the fulfillment of Council’s membership conditions “C” and “D,” and the resulting amended agreements would be returned to Council for action; and WHEREAS, further negotiation has resulted in the amendment of the JPA in a manner satisfying the Council’s direction; and
WHEREAS, on or around April 13, 2022, the IWMA Board considered and approved amendments to the JPA Agreement (“Second Amended and Restated JPA”), including those reflecting the withdrawal of San Luis Obispo County from the IWMA, and directed IWMA staff to circulate it to Participating Agencies for approval (a true and correct copy of the Second Amended and Restated JPA is attached hereto as Exhibit A); and WHEREAS, the Second Amended and Restated JPA shall amend the JPA Agreement and be considered a Memorandum of Understanding between the Cities and Authorized Districts to enable and allow one representative of the Authorized Districts to participate in the governance of the IWMA as a member agency pursuant to Section 40977 of the Public Resource Code to represent the interests of all Authorized Districts; and WHEREAS, all Authorized Districts are encouraged to execute the Second Amended and Restated JPA prior to October 15, 2022, or otherwise pursue means by which to achieve their waste diversion goals and to comply with the Integrated Waste Management Act, Assembly Bill 341, Assembly Bill 1826, Senate Bill 1383, and all current and future state- mandated laws, rules and regulations; and
WHEREAS, the City Council of the City of Pismo Beach desires to acknowledge, accept, and agree to be bound by the terms and conditions of the Second Amended and Restated JPA.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby acknowledges, accepts, and agrees to be bound by the terms and conditions of the Second Amended and Restated JPA (Exhibit A) to establish an Integrated Waste Management Authority (IWMA) for the cities of San Luis Obispo County, California.
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 21st day of June 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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JOINT POWERS AGREEMENT
TO ESTABLISH AN
INTEGRATED WASTE MANAGEMENT AUTHORITY
FOR THE CITIES OF
SAN LUIS OBISPO COUNTY, CALIFORNIA
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SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT
TO ESTABLISH AN
INTEGRATED WASTE MANAGEMENT AUTHORITY
FOR THE CITIES OF SAN LUIS OBISPO COUNTY, CALIFORNIA
THIS SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT is made and entered into this ___ day of _________, 2022, by and between the incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo California, hereinafter called “Cities.” WHEREAS, on May 10, 1994, an agreement was executed by and between the Cities and the County of San Luis Obispo (“County”) forming a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Government Code section 6500 et seq., for the purpose of facilitating the development of waste diversion programs and projects that provide economies of scale without interfering with individual agencies’ exercise of power within their own jurisdiction (hereinafter referred to as the “Original JPA Agreement”); and WHEREAS, pursuant to the Original JPA Agreement, the member agencies created and established a public entity identified as the San Luis Obispo County Integrated Waste Management Authority (“IWMA”); and
WHEREAS, in or around 2001, a Memorandum of Agreement (“MOA”) was executed by and between the Cities, the County, and certain special districts within the County (“Authorized Districts”) amending the Original JPA Agreement to include the Authorized Districts for representation on the IWMA Board; and WHEREAS, on or about November 15, 2021, the County withdrew from the IWMA; and the Cities and Authorized Districts determined that a single regional agency remained advantageous to advise, plan for, and implement solutions to common solid waste and a waste diversion efforts; and
WHEREAS, the IWMA was originally formed to meet the requirements of the California Integrated Waste Management Act (California Public Resources
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Code section 40000 et seq.) and all regulations adopted under that legislation require, among other things, that certain public agencies in California make adequate provision for solid waste management within their jurisdictions; and WHEREAS, since the IWMA’s formation, Assembly Bill 341 (Chesbro, 2011) (Recycling of Commercial Solid Waste (“MCR”)) was signed into law and established requirements for jurisdictions to implement a commercial solid waste recycling program designed to divert commercial solid waste; and WHEREAS, since the IWMA’s formation, Assembly Bill 1826 (Chesbro, 2014) (Recycling of Commercial Organic Waste (“MORe”)) was signed into law and established the requirement for jurisdictions to implement an organic waste recycling program to divert organic waste generated by businesses; and WHEREAS, since the IWMA’s formation, Senate Bill 1383 (Lara, 2016) was signed into law requiring jurisdictions to implement organic waste diversion programs that include providing organic waste collection services to businesses and residences, edible food recovery goals, public education and outreach, contamination monitoring and sampling activities, recordkeeping and reporting, organic materials and edible food recovery, infrastructure capacity planning, procurement of recovered organic waste products, and enforcement; and WHEREAS, the Cities and Authorized Districts continue to believe that by combining their separate powers they can achieve their waste diversion goals and satisfy the requirements of the Integrated Waste Management Act and other legislation more effectively than if they exercise those powers separately; and WHEREAS, the Cities affirm, that pursuant to this Second Amended and Restated Joint Powers Agreement, the IWMA remains a regional agency in accordance with Public Resources Code section 40970 et seq.; and WHEREAS, pursuant to Section 40977, the Cities shall include one (1) Authorized District to be included as a member in the IWMA regional agency for the purpose of representation on the IWMA Board of Directors; and WHERAS, the Authorized District “member” may change from time to time; the current elected or appointed Authorized District representative shall represent the collective interests of all Authorized Districts; and WHEREAS, this Second Amended and Restated Joint Powers Agreement shall be considered a Memorandum of Understanding between the Cities and the
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Authorized Districts to enable and allow one (1) representative of the Authorized Districts to participate in the governance of the IWMA as a member agency pursuant to Section 40977 of the Public Resource Code to represent the interests of all Authorized Districts; and
WHEREAS, the Cities and the Authorized Districts (together “Participating Agencies”) desire to establish and confer upon a separate legal entity the powers necessary to enable them to achieve their waste diversion goals and to comply with the Integrated Waste Management Act, Assembly Bill 341, Assembly Bill 1826, Senate Bill 1383, and all current and future state-mandated laws, rules and regulations to the extent allowed by law and by the terms and conditions of this Second Amendment; and
WHEREAS, the Participating Agencies desire to avoid a series of amendments to the Agreement over time due to future state-mandated legislation and programs, and as such, the parties desire to authorize the IWMA Board to enact policies, resolutions, and ordinances as are necessary to ensure and oversee compliance with any and all future state-mandated programs related to solid waste, recycling, waste diversion, and any other purpose of the Authority as provided in this Agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION 1. Definitions.
To the extent that any of the following definitions conflict with any definition set forth in the California Integrated Waste Management Act, (Pub. Resources Code, § 40000 et seq.), and the Regulations promulgated thereunder, said Act and/or Regulations shall take priority. The terms defined in this Section that begin in this Agreement with quotation marks have the following meanings:
1.1 “Act” means the California Integrated Waste Management Act of 1989 (Pub. Resources Code, § 40000 et seq.) and all regulations adopted under
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that legislation, as that legislation and those regulations may be amended from time to time.
1.2 “Agreement” means this Second Amended and Restated Joint Exercise of Powers Agreement, as it may be amended from time to time.
1.3 “Authority” means the San Luis Obispo County Integrated Waste Management Authority, a joint exercise of powers agency created by the Members pursuant to this Agreement.
1.4 “Authorized Districts” means certain special districts with solid waste authority participating in the IWMA through this Second Amended and Restated Joint Powers Agreement, including but not limited to the Avila Beach Community Services District, California Valley Community Services District, Cambria Community Services District, Cayucos Sanitary District, Ground Squirrel Hollow Community Services District, Heritage Ranch Community Services District, Los Osos Community Services District, Nipomo Community Services District, Oceano Community Services District, San Miguel Community Services District, San Simeon Community Services District, and Templeton Community Services District, or other qualified agencies that may later determine to become a Participating Agency by execution of this Agreement.
1.5 “Authorized District Representative” means the
representative, or alternate, elected or appointed by the Authorized Districts to represent the Authorized Districts’ interests as a member of the IWMA regional agency pursuant to Section 40977 of the Public Resources Code.
1.6 “Board” means the Board of Directors of the Authority
1.7 “CalRecycle” means the California Department of Resources Recycling and Recovery.
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1.8 “City” means any Participating Agency that is a city, and “Cities” means all of the Participating Agencies that are Cities.
1.9 “Composting Facility” means a facility at which composting is conducted and which produces a product meeting the definition of compost in Public Resources Code (PRC) section 40116. (“Compost” means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. “Compost” includes vegetable, yard and wood wastes which are not hazardous waste, and biosolids where combined with other organic materials in a mixture that consists largely of decayed organic matter, and is used for fertilizing and conditioning land.)
1.10 “Executive Director” means the person hired and appointed by the Board as the Authority's chief administrative officer to administer the affairs of the Authority and to implement the policies of the Board.
1.11 “Fiscal Year” means the period commencing on each July 1 and ending on the following June 30.
1.12 “HHW” means household hazardous waste as described in the household hazardous waste element as required by the Act (Pub. Resources Code, § 40000 et seq.), as that element may be amended from time to time.
1.13 “HHWE” means the Household Hazardous Waste Element as required by the Act (Pub. Resources Code, § 40000 et seq.) as that element may be amended from time to time.
1.14 “IWMA” means the Authority as defined herein.
1.15 “IWMA Region” means the jurisdictional territory and boundaries of all Participating Agencies.
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1.16 “Joint Facilities” means a materials recovery facility, composting or HHW Facility, or other facility developed for the purpose of complying with requirements established by state legislation or the regulations of CalRecycle, or combination thereof, which is owned by some or all of the Participating Agencies directly, or by the Authority, or by a private entity, or a public agency, for the benefit of some or all of the Participating Agencies.
1.17 “Members” means the Cities who are members of this regional agency, formed pursuant to Public Resources Code section 40970 et seq, and the one (1) Authorized District Representative pursuant to Public Resources Code section 40977.“MRF” means a “materials recovery facility” which means a permitted solid waste facility where solid wastes or recyclable materials are sorted or separated, by hand or by use of machinery, for the purposes of recycling or composting. (Title 14, Ch. 9, Art. 3, Section 18720, “Definitions.”) "MRF" also means a transfer station which is designed to, and, as a condition of its permit, shall recover for reuse or recycling at least 15 percent of the total volume of material received by the facility. (Pub. Resources Code, § 50000(a)(4).)
1.18 “Participating Agency” or “Participating Agencies” means and shall include the Cities and the Authorized Districts who are signatories to this Agreement, delegating powers to the Authority pursuant to this Agreement, and participating in the governance of the IWMA.
1.19 “NDFE” means a Nondisposal Facility Element as required by the Act (Pub. Resources Code, § 40000 et seq.), as that element may be amended from time to time.
1.20 “Revenue Bonds” means revenue bonds, notes, certificates of participation and any other instruments and evidences of indebtedness issued by
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the Authority from time to time pursuant to the law or any other applicable law in order to finance the MRF, any Joint Facilities or any Sole Use Facilities.
1.21 “Sole Use Facilities” means an integrated resource recovery facility, performing one or more of the functions of a MRF, composting or HHW Facility which is located within the boundary of the Authority and is owned by one Participating Agency or a private entity, but in all events is operated for the benefit of the residents and/or constituents of the IWMA Region.
1.22 “Solid Waste Landfill” shall have the meaning set forth in Section 40195.1 of the Public Resources Code, as that section may be amended from time to time.
1.23 “SRRE” means a Source Reduction And Recycling Element as required by the Act (Pub. Resources Code, § 40000 et seq.), as that element may be amended from time to time.
SECTION 2. Purpose.
Government Code section 6500 et seq. provides that two or more public agencies by agreement may jointly exercise any power common to the contracting parties.
Public Resources Code section 40977 authorizes a district to be included as a member of a regional agency. Public Resources Code section 40976 authorizes a city or county to enter into a memorandum of understanding with another city, county, or district for the purpose of preparing and implementing source reduction and recycling elements or a countywide integrated waste management plan. It is the intent of the Participating Agencies to utilize these statutory authorizations in this Agreement.
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The Participating Agencies enter this Agreement with the intent to operate the Authority in compliance with the requirements of the Act and other state legislation, with a minimum level of staff, addressing those operations and programs that can be most cost-effectively handled at the regional level by maximizing local resources, private sector participation, and contract services provision. The duties and responsibilities of each Participating Agency are described in the applicable adopted plans. The Authority is formed with the purpose and intent of facilitating the development of programs and projects related to waste diversion for the benefits of the residents and/or constituents of the IWMA Region that provide economies of scale without interfering with individual agencies' exercise of power within their own jurisdiction.
SECTION 3. Creation of Authority.
3.1 The Cities hereby re-create and re-establish an authority and public entity to continue to be known as the “San Luis Obispo County Integrated Waste Management Authority,” (hereinafter referred to as the “Authority” or “IWMA”) it being understood that the Board shall be entitled to change the Authority's name from time to time. The Authority shall be a public entity separate from each of the Cities and the Authorized Districts.
3.2 The Authority shall constitute and remain as a regional agency pursuant to Public Resources Code section 40970 et seq. The regional agency shall include one (1) Authorized District Representative as a member pursuant to Public Resources Code section 40977. Said regional agency, and not the Participating Agencies of the regional agency, shall be responsible for compliance with the waste diversion requirements set forth in Public Resources Code, Article 1 of
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Chapter 6 (commencing with Section 41780). In the event that the regional agency fails to comply with said waste diversion requirements, it is expressly understood and agreed that Section 14 of this Agreement shall provide for indemnification for the benefit of the regional agency and its Participating Agencies as specifically set forth therein.
3.3 The assets, rights, debts, liabilities, and obligations of the Authority shall not constitute assets, rights, debts, liabilities, or obligations of any of the Participating Agencies. However, nothing in this Agreement shall prevent any Participating Agency from separately contracting for, or assuming responsibility for, specific debts, liabilities, or obligations of the Authority, provided that both the Board and that Participating Agency approve such contract or assumption in writing.
3.4 This Second Amended and Restated Joint Powers Agreement shall take effect upon its adoption by each of the Cities. The Authorized Districts, and each of them, may elect to participate in the IWMA by execution of this agreement wherein they shall be bound by its terms and conditions. All prior agreements, including the MOA, shall be extinguished upon the execution of this Agreement by the Cities.
SECTION 4. Inclusion of the Authorized Districts.
4.1 This Second Amended and Restated Joint Powers Agreement shall be considered a Memorandum of Understanding between the Cities and the Authorized Districts to allow one (1) representatives of the Authorized Districts to participate in the governance of the IWMA pursuant to Section 40977 of the Public Resources Code. Participation of the Authorized Districts is limited to special
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districts within San Luis Obispo County that possess solid waste authority. The Authorized District Representative shall have all the governing rights and powers granted to an IWMA City Member. This Second Amended and Restated Joint Powers Agreement shall supersede, replace, and supplant the Memorandum of Agreement executed by and between the Cities, the County, and the Authorized Districts in or around 2001.
4.2 Authorized Districts, collectively, shall appoint or elect one representative and one alternate to represent the Authorized Districts on the IWMA Board of Directors. Authorized District Representative shall be limited to elected or appointed officials of an Authorized District. Said representatives shall represent the collective interests of all Authorized Districts. The selected Authorized District Representative shall serve a defined term, if so determined by the Authorized Districts, or so long as they hold an elected or appointed office with their Participating Agency, or until they resign or are removed prior to the end of their term. The Authorized District Representative alternate shall be entitled to vote on IWMA matters only in the absence of the Authorized District Representative.
4.3 The Authorized Districts, as Participating Agencies, shall have no individual powers and/or authority other than through the Authorized District Representative.
SECTION 5. Term.
The Authority is and remains effective as of the date of this Agreement. It shall continue until dissolved in accordance with Section 15 of this Agreement.
However, in no event shall the Authority be dissolved if its dissolution would
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conflict with or violate the terms or conditions of any Revenue Bonds or related documentation including, without limitation, indentures, resolutions, and letter of credit agreements.
SECTION 6. Powers.
6.1 The Authority is empowered to acquire, construct, finance, refinance, operate, regulate and maintain a Solid Waste Landfill, transfer station, MRF, composting, HHW, or Joint Facilities and Sole Use Facilities subject, however, to the conditions and restrictions contained in this Agreement. The Authority shall also have the power to plan, study and recommend proper solid waste management consistent with the Act and other legislation and, to the extent permitted by the Act and this Agreement, implement plans approved by the IWMA and the programs specified in the state approved and locally adopted SRREs, the HHWE, the NDFE, and the Countywide or Regional Siting Element for all or any portion of the area included within the IWMA Region. Notwithstanding any other provisions of this Agreement, the Authority shall not acquire, regulate, set fees for, or operate any solid waste landfills, recycling, or composting facilities owned or operated by Participating Agencies without the express written consent of such Participating Agency.
6.2 To the full extent permitted by applicable law, the Authority is authorized, in its own name, to do all acts necessary or convenient for the exercise of such powers that each Member could exercise separately including, without limitation, any and all of the following:
(a) to make and enter into contracts;
(b) to apply for and accept grants, advances and contributions;
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(c) to contract for the services of engineers, attorneys, accountants, planners, consultants, fiscal agents and other persons and entities;
(d) to make plans and conduct studies;
(e) to acquire, improve, hold, lease and dispose of real and personal property of all types;
(f) to sue and be sued in its own name;
(g) to incur and discharge debts, liabilities and obligations; (h) to establish rates, tolls, tipping fees, other fees, rentals and other charges in connection with the Authority’s facilities identified in Paragraph 6.1 herein, as well as any and all services and programs provided and/or implemented by
the Authority;
(i) to hire agents and employees;
(j) to exercise the power of eminent domain for the acquisition of real and personal property;
(k) to issue Revenue Bonds, grant or bond anticipation notes, or other governmental financing instruments, in
accordance with all applicable laws for the purpose of
raising funds to finance or refinance the acquisition,
construction, improvement, renovation, repair, operation, regulation or maintenance of the facilities identified in Paragraph 6.1 herein or as otherwise deemed necessary or beneficial to the Authority;
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(l) to sell or lease the facilities identified in Paragraph 6.1 herein;
(m) to loan the proceeds of Revenue Bonds to any person or entity to finance or refinance the acquisition, construction, improvement, renovation or repair of the facilities
identified in Paragraph 6.1 herein;
(n) to provide that the holders of Revenue Bonds, whether directly or through a representative such as an indenture trustee, be third party beneficiaries of any of the obligations of any Member to the Authority and to covenant with the holders of any Revenue Bonds on behalf of any such
Member to perform such obligations and comply with any
agreements that Member may have with the Authority;
(o) to prepare and implement plans and programs as deemed necessary and/or beneficial to the Authority in carrying out the purposes of this Agreement;
(p) to provide public education, outreach, and marketing activities in support of diversion and edible food recovery programs;
(q) to enter into memorandums of understanding with other regional agencies, cities, counties, and special districts; (r) to adopt, as authorized by California law, ordinances as are necessary to ensure and oversee compliance with any and all current and future state-mandated legislation and
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programs related to solid waste, recycling, and waste
diversion;
(s) to act as the delegate, on behalf of the Participating Agencies, for the responsibilities of compliance, monitoring, reporting, and education of all state-mandated legislation, including, but not limited to the Integrated Waste
Management Act, Assembly Bill 341, Assembly Bill 1826,
and Senate Bill 1383.
6.3 Such powers shall be exercised subject only to the limitations set forth in this Agreement, applicable law, and such restrictions upon the manner of exercising such powers as are imposed by law in the exercise of similar powers.
The Authority hereby designates the City of San Luis Obispo as the Member required to be designated by Section 6509 of the California Government Code.
Should the Participating Agencies desire to designate an alternative agency for the purposes of Section 6509, such new designation may be changed by resolution of the Participating Agencies without need for an amendment to this Agreement.
6.4 This Agreement shall not limit the ability of the Participating Agencies to plan, administer, implement, and otherwise conduct waste management and other related local programs as deemed appropriate by the agency and consistent with the purpose and intent of this Agreement.
SECTION 7. Expressed Limitation of Powers.
The Authority’s power to adopt, impose, implement, and/or comply with regulations and ordinances is expressly limited to state-mandated legislation and
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regulations related to solid waste, recycling, organic waste, and waste diversion.
The Authority shall establish a budget policy requiring Board consideration of the minimum work required to comply with state mandates and regulations in the most demonstrably cost-effective way possible. Said policy shall not preclude other requirements such as Board consideration of the equitable distribution of services throughout the IWMA Region and program enhancements that are funded by grant revenues and/or reimbursements from Participating Agencies.
Additionally, the IWMA shall establish a purchasing policy with a similar provision when preparing scopes of work for consultants and independent contractors who are engaged in implementing the Authority’s projects and programs.
Notwithstanding the foregoing, all existing IWMA ordinances, rules, and regulations, whether or not mandated by the state, shall remain in full force and effect and not subject to this limitation of power unless otherwise determined by the Board.
SECTION 8. Boundaries.
The boundaries of the Authority shall be the boundaries of the Cities and the Authorized Districts identified herein as the IWMA Region. In the event a Participating Agency withdraws from the Authority, the boundaries shall be modified to exclude the area of the withdrawing agency. In the event a qualified city or district joins the Authority, the boundaries shall be modified to include the area of the joining Participating Agency. Section 8 shall not prevent the Authority’s use and/or operation of facilities outside of its boundaries within the County of San Luis Obispo.
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SECTION 9. Organization.
9.1 The Board. The Authority shall be governed by the Board, which shall exercise or oversee the exercise of all powers and authority on behalf of the Authority.
9.2 Participating Agencies.
(a) Cities. City membership in the Authority shall be
voluntary, but only the cities incorporated in the
County of San Luis Obispo presently or in the future,
are declared eligible for membership in the Authority
as a regional agency. City representatives to the
Authority shall consist of one (1) member from the
governing body of each incorporated City within the
boundaries of the County of San Luis Obispo which is
a party to this Agreement. The Cities may elect to
have an alternate member(s) in addition to any
official member, but said alternate shall be an elected or appointed official and shall be able to vote only in the absence of the official representative.
(b) Authorized Districts. The Authorized Districts shall be collectively represented on the Board by one (1)
representative and one (1) alternate elected or
appointed by and among themselves. The Authorized
District Representative shall have all rights, power,
and authority granted to a City representative. The
Authorized District alternate shall be elected or
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appointed officials and entitled to vote only in the
absence of the official Authorized District
Representative.
(c) Representatives of the shall be appointed to serve on the Board in accordance with procedures established
by each of the governing bodies of their respective
agencies, except that the Authorized District
Representative and alternate shall be elected or
appointed pursuant to Section 4. Representatives
shall serve so long as they hold office with their
member agency, until they shall resign or are
removed by a majority vote of their member agency,
or pursuant to a set term established by their
member agency. Vacancies among representatives or
alternates shall be filled in the same manner as the
first appointment.
(d) Designation of the official representative or
alternate(s), or changes thereto, shall be transmitted
in writing to the Executive Director of the Authority
by the appointing agency.
(e) In addition to the incorporated Cities and Authorized Districts presently a party to this Agreement, any
other city or qualified special district which may
desire to participate in the activities of the Authority may do so by executing this Agreement without prior
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approval or ratification of the named parties to this
Agreement and shall thereafter be governed by all
the terms and provisions of this Agreement as of the
date of execution.
(f) Membership and/or participation of any Participating Agency shall be contingent upon the execution of this
Second Amended and Restated Joint Powers
Agreement, as same may be further amended from
time to time, with no requirement to execute the
Original JPA or any prior amendments thereto.
9.3 Principal Office. The principal office of the Authority shall be located at 870 Osos Street, San Luis Obispo, CA 93401. The Board may change that principal office upon giving at least 15 days' notice to each Participating Agency and to CalRecycle.
9.4 Officers.
(a) The officers of the Board shall consist of a President and Vice President elected for a term of one year by
a majority vote of the Board
(b) Both the President and Vice President of the Board
shall be elected at the last meeting preceding July of
each year.
(c) The officers shall serve until their successors are elected.
(d) The duties of the officers shall be as follows:
1) President
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a) Shall preside over all meetings of the
Board.
b) Shall appoint all ad hoc committees
subject to ratification by the Board.
c) Shall be an ex-officio member of all
committees.
d) Shall execute all contracts and legal
documents on behalf of the Authority
except those that have been delegated
to the Executive Director through
purchasing policies or other actions of
the Board of Directors.
2) Vice President
a) Shall serve as President pro-tem in the
absence of the President.
b) Shall give whatever aid necessary to the
President.
c) Shall be an ex-officio member of all
committees.
d) In the event of a vacancy occurring in the
office of either the President or Vice
President upon said officer's death,
resignation, removal or his/her ceasing
to be an official representative of a
member agency, such vacancy will be
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filled by majority vote of the Board, the
officer elected to serve for the balance
of the unexpired term.
9.5 Executive Director. The Board shall employ or contract for the services of a general manager (the “Executive Director”) who shall be the chief administrative officer of the Authority. The Authority shall select a qualified Executive Director using professional personnel standards and an open competitive process. The Executive Director shall plan, organize and direct the administration and operations of the Authority, either directly or by means of delegation to IWMA staff, shall advise the Board on policy matters, shall recommend an administrative structure to the Board, shall hire and discharge administrative staff, shall develop and recommend budgets, shall reply to communications on behalf of the Authority, shall approve payments of amounts duly authorized by the Board, shall implement Board policy, shall carry out such other duties that may be assigned to the Executive Director by the Board from time to time, and shall attend meetings of the Board and committees as directed.
9.6 Committees.
(a) Committees, subcommittees, and advisory
committees may be established as the Board may
deem appropriate.
(b) Membership on “ad-hoc” policy committees shall be
at the discretion of the President, subject to
ratification by the Board, and consisting of less than
a quorum of the Board. Nothing herein shall be
construed to limit membership on these aforesaid
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committees to officials of the member agencies. The
President may appoint any individual deemed
qualified to serve on a committee.
(c) Standing Committees shall include an Executive
Committee and other committees as established by
the Board. The composition and bylaws of the
standing committees shall be established by the
Board by resolution. All Standing Committee
meetings shall be held subject to the provisions of the Ralph M. Brown Act (Sections 54950 et seq. of the
California Government Code) and other applicable
laws of the State of California.
SECTION 10. Meetings of the Board.
10.1 Notice of Meetings. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act (Sections 54950 et seq. of the California Government Code) and other applicable laws of the State of California.
10.2 Regular Meetings. The Board shall hold at least four regular meetings each year. The date upon which, and the hour and place at which, each regular meeting shall be fixed by resolution of the Board.
10.3 Special Meetings. Special meetings of the Board may be called in accordance with the provisions of the California Government Code.
10.4 Notice of Meetings. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act (Sections 54950 et seq. of the California Government Code) and other applicable laws of the State of California.
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10.5 Minutes. The Executive Director shall cause minutes of all meetings of the Board and any standing committees of the Board to be kept and shall, after each meeting and approval of the Board, cause a copy of the minutes to be forwarded to each Participating Agency.
10.6 Quorum and Voting. For purposes of conducting business, there shall be present a quorum consisting of a majority of the Board. Each director shall have one vote. No action shall be effective without the affirmative votes of a majority of those present. The Board shall adopt such procedures as are consistent with this Agreement and applicable law and are necessary or helpful in conducting the business of the Authority in an orderly manner.
10.7 Budget. The Cities and the County have entered into a Memorandum of Agreement among the County of San Luis Obispo and the Cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo for the Establishment and Payment of Landfill Tipping Fee Surcharges To Support The San Luis Obispo Integrated Waste Management Authority (the “MOA”). Pursuant to the MOA, those members of the Authority having jurisdiction over such matters have agreed to establish tipping fee surcharges (the “Tipping Fee Surcharges”) which shall be paid into a Solid Waste Authority—Trust Fund (as defined in the MOA) for the purposes therein. (a) A line item and program budget for the Authority's
operations shall be adopted by the Board for the
ensuing Fiscal Year prior to June 30 of each year. All
costs incurred by the Authority shall be set forth in
the budget and shall be paid out of the solid waste
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fund derived from tipping fee surcharges and other
sources as approved by the Board.
The line item and program budget shall be submitted
in draft form to all Participating Agencies for review
and comment prior to adoption.
The line item and program budget shall include
sufficient detail to constitute an operating guideline, the anticipated sources of funds, and the anticipated
expenditures to be made for the operations of the
Authority and the administration, maintenance and
operating costs of the facilities identified in
Paragraph 6.1 herein. Any budget for Sole Use
Facilities shall be maintained separately. Approval of
the line item and program budget by the Board shall
constitute authority for the Executive Director to
expend funds for the purposes outlined in the
approved budget, subject to the availability of funds.
(b) A budget for the acquisition, construction, or
operation of facilities, or for contracting for the
acquisition, construction, or operation of facilities,
identified in Paragraph 6.1 herein shall be adopted
by the Board before the Authority commits any
acquisition or construction funds or contracts. It
may be amended if and when determined by the
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Board. Approval of the budget(s) for the facilities
identified in Paragraph 6.1 herein shall constitute
authority for the Executive Director (or any trustee
or other fiduciary appointed by the Authority) to
receive state or federal grant funds and proceeds of
Revenue Bonds and to expend funds for the
acquisition, construction, or operation of the
facilities identified in Paragraph 6.1 herein.
(c) A budget(s) governing the acquisition, construction, or operation of Sole Use Facilities may be adopted
by the affected Participating Agency or Agencies.
When such budgets are adopted by affected parties,
appropriate accounts shall be established by the
Authority and designated as such participant or
participant’s fund. Disbursement of such funds by
the Authority shall be made only upon receipt of
written authorization from the designated finance
officer of the affected Participating Agency or
Agencies. Receipts and disbursements for the
acquisition or construction of Sole Use Facilities may
also be made directly by the affected Participating
Agency or Agencies, in which case such budgets
shall not be a part of the budget of the Authority.
10.8 Rules of Procedure. The Board shall from time to time, establish written rules and procedures for the conduct of their meetings.
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SECTION 11. Joint Operating Fund and Contributions.
The Authority shall have the power to establish a joint operating fund. The fund shall be used to pay all administrative, operating, and other expenses incurred by the Authority. Funding shall be on an enterprise basis or as determined by the Board. All monies in the joint operating fund shall be paid out by the Auditor- Controller / Treasurer for the purposes for which the fund was created upon authorization by the President of the Board and approval by the Executive Director of demands for payment, or as otherwise authorized by resolution of the Board filed with the Auditor-Controller / Treasurer. No Participating Agency shall be obligated to make any contributions of funds to the Authority for facilities to be established in accordance with Section 6.1 or pay any other amounts on behalf of the Authority, other than as required by this Section 11, without that Participating Agency’s consent evidenced by a written instrument signed by a duly authorized representative of that Participating Agency. The Authority shall contract with an independent certified professional accountant to conduct annual fiscal audits as required by applicable statute or legislation and report the results of such audit to the Board.
11.1 Auditor-Controller / Treasurer. The Auditor-Controller / Treasurer of San Luis Obispo County shall be the Auditor-Controller / Treasurer of the Authority. The Auditor-Controller / Treasurer shall preform all responsibilities and obligations as provided in Government Code section 6505.5. To the extent a conflict exists between this Section 11 and the Government Code, the Government Code shall control.
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11.2 Notwithstanding Sections 11.1 above, designation of the Auditor-Controller / Treasurer may be changed from time to time by resolution of the Board without necessitating amendment to this Agreement.
SECTION 12. Records and Accounts.
This Section and Section 11 are intended to ensure strict accountability of all funds of the Authority and to provide accurate reporting of receipts and disbursements of such funds. The Authority shall maintain accurate and correct books of account, showing in detail the costs and expenses of any service or acquisition and construction and the maintenance, operation, regulation and administration of any service or Joint Facilities or Sole Use Facilities, and all financial transactions of the Participating Agencies relating to any service or Joint Facilities or Sole Use Facilities. Books and records shall be established and maintained in accordance with generally accepted accounting principles promulgated by the California State Controller's Office and the Governmental Accounting Standards Board. The books of account shall correctly show any receipts and any costs, expenses, or charges to be paid by all or any of the Participating Agencies. The books of account shall be open to inspection at all times by a representative or agent of any of the Participating Agencies. In addition, if required by any resolution authorizing the issuance of Revenue Bonds, the Authority shall maintain appropriate books, records, accounts and files relating to each project as required by such resolution which shall be open to inspection by holders of Revenue Bonds if and to the extent, and in the manner, provided in the resolution.
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SECTION 13. Rates and Fees.
The Authority shall be funded by a combination of rates, fees, and other funding mechanisms as allowed by applicable authority. Use of revenue from rates and fees shall not be restricted based upon the funding mechanism. The Authority shall establish and regulate rates and/or tipping fees at facilities within the County of San Luis Obispo, such as landfills or other collection sites, for (1) the operation, acquisition, construction, repair, and maintenance of new and existing facilities; (2) the implementation of state legislation and regulations; (3) the operation of programs, education, outreach, monitoring and enforcement efforts; and (4) the preparation, adoption, and implementation a regional management plan.
The Authority may impose fees in amounts sufficient for (1) the implementation of state legislation and supporting programs; (2) education outreach, monitoring, reporting and compliance efforts; (3) the preparation, adoption, and implementation of a regional management plan; and (4) any other purposes as provided for by this Agreement. Revenue generation may include fees imposed on “Haulers” (defined as companies with an agreement with a governmental entity for the collection of solid waste, recyclables, or green waste in San Luis Obispo County), assessments, or any other funding mechanism as allowed by applicable authority. Rates and fees shall be set or modified by resolution only.
Prior to the Authority increasing rates or fees, or imposing new rates or fees, the Authority shall provide the Participating Agencies with all necessary facts, data, information and analyses related to justification and/or explanation of the proposed rates and fees that meet all applicable legal requirements to support their adoption. The Authority shall coordinate with the Participating Agency
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managers in this regard to ensure the facts, data, information and analyses provided by the Authority is adequate to enable the Participating Agencies to implement the Authority’s proposed rates and fees through the Proposition 218 process, if deemed applicable to a Participating Agency by that Agency; however, determinations regarding the application of Proposition 218 to any proposed increased rate or fee shall be made solely by each Participating Agency with no Authority representations of any kind.
The Authority shall establish a rate and/or fee setting policy which shall govern the obligations of the Authority to its Participating Agencies in the implementation of any new or increased rates or fees.
SECTION 14. Failure to Meet Waste Stream Requirements.
The Authority shall be entitled to cause the waste streams of each Participating Agency to be monitored, pursuant to procedures approved by the Board, in order to determine whether state waste diversion requirements are being met. If the waste stream diversion of any Participating Agency fails to meet any such requirements, including but not limited to taking all actions necessary to comply with state mandates, that Participating Agency shall be solely responsible for any and all resulting liabilities, damages, fines, criminal and civil sanctions, and costs and expenses. That Participating Agency shall also indemnify and hold the Authority and the other Participating Agencies harmless from and against any and all liabilities, damages, fines, sanctions, costs and expenses that are incurred as a result of the violation or a claimed violation including, without limitation, all fees and costs of legal counsel. If two or more Participating Agencies are responsible
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for a failure to meet any such requirements or are claimed to have violated any such requirements, the Participating Agencies responsible for the violations or which are the subject of such claims shall be responsible to, and shall indemnify, the Authority and the other Participating Agencies in proportion to their relative responsibility for the violations or claimed violations. Upon notification of any such violation or claim, the Participating Agency or Agencies shall take such prompt, corrective action as is necessary to meet the requirements. Nothing in this Section shall preclude one or more Participating Agencies or the Authority from imposing or establishing additional incentives to meet waste diversion requirements.
SECTION 15. Withdrawal and Dissolution.
15.1 The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official appointed representatives of the Authority or any committee or subcommittee thereof who shall act for and on behalf of their Participating Agency in any or all matters which shall come before the Authority, subject to any necessary approval of their acts by the governing bodies of the Participating Agencies.
15.2 Any party to this Agreement may withdraw from the Authority, upon providing six (6) months’ prior written notice, and terminate its participation in this Agreement by resolution of its governing body. The withdrawal of the Participating Agency shall have no effect on the continuance of this Agreement among the remaining Participating Agencies, and the Agreement shall remain in full force and effect with respect to the remaining Participating Agencies. No
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withdrawal shall become effective until six (6) months after receipt of the written notice by the Authority.
15.3 A Participating Agency which has withdrawn from the Authority shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to the Authority. The Authority may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the Authority. If any Participating Agency fails to pay a required contribution, as determined by the Board, that Participating Agency shall be provided with a sixty (60) day written notice and an opportunity to cure. If the Board determines that the Participating Agency has failed to cure or negotiate a cure within sixty (60) days following delivery of the written notice shall be deemed a voluntary withdrawal from the Authority.
15.4 The Authority may be dissolved at any time and this Agreement terminated by a joint agreement duly-approved and executed by a majority of the Members which are parties hereto. Said termination agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of the Authority in proportion to the contributions made by the Participating Agencies. In the event the Authority is dissolved, the individual Participating Agencies shall be responsible for complying with the requirements of the Act as included in the approved SRREs, HHWE, NDFE, Countywide or Regional Siting Element and Integrated Waste Management Plan in addition to compliance with all waste management related legislation.
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SECTION 16. Amendments Including Termination.
This Agreement may only be amended or terminated by a written instrument executed by a majority of the Members and meeting the requirements imposed by the terms or conditions of all Revenue Bonds and related documentation including, without limitation, indentures, resolutions, and letter of credit agreements. Notwithstanding the foregoing, no amendment or termination shall require any Participating Agency to contribute any funds to the Authority or become directly or contingently liable for any debts, liabilities or obligations of the Authority without the consent of that agency evidenced in a written instrument signed by a duly authorized representative of that Participating Agency.
SECTION 17. Filing with the Secretary of State.
The Secretary shall file all required notices with the Secretary of State in accordance with California Government Code sections 6503.5 and 53051
SECTION 18. Notices.
All notices which any Participating Agency of the Authority may wish to give in connection with this Agreement shall be in writing and shall be served by personal delivery, by electronic mail, or by US mail addressed to the Participating Agency, or Participating Agencies, or the Authority at its principal office, or to such other address as the Authority or Participating Agency or Participating Agencies may designate from time to time by written notice given in the manner specified in this Section. Service of notice pursuant to th is Section shall be deemed complete on the day of service by personal delivery (but 24 hours after such delivery in the case
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of notices of special meetings of the Board), two days after mailing if deposited in the United States mail, or in 24 hours if provided by electronic mail.
SECTION 19. Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of the Participating Agencies. However, no Participating Agency shall assign any of its rights under this Agreement except to a duly formed public entity organized and existing under the laws of the State of California approved by a majority of the voting Directors who do not represent the assigning Participating Agency. No assignment shall be effective unless and until the Authority, the Participating Agencies, and the proposed assignee comply with all then applicable requirements of law relating to changes in the composition of entities such as the Authority if and when they have Revenue Bonds outstanding and with the terms and conditions of all Revenue Bonds and related documentation including, without limitation, indentures, resolutions and letter of credit agreements.
SECTION 20. Severability
Should any part, term, sentence, or provision of this Agreement be decided by a final judgment of a court or arbitrator to be illegal or in conflict with any law of the State of California or otherwise be unenforceable or ineffectual, the validity of its remaining parts, terms, sentences, and provisions shall not be affected and the Participating Agencies represent that they would have adopted this Agreement even without the ineffectual or non-valid provision(s).
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SECTION 21. Section Headings.
All section headings contained in this Agreement are for convenience and reference. They are not intended to define or limit the scope of any provision of this Agreement.
SECTION 22. Effective Date.
This Agreement shall take effect upon its execution by all Members, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in counterparts which together shall constitute a single agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written.
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PARTICIPATING AGENCIES
CITIES
Arroyo Grande
Atascadero
El Paso de Robles
Grover Beach
Morro Bay
Pismo Beach
San Luis Obispo
AUTHORIZED DISTRICTS
Avila Beach CSD
California Valley CSD
Cambria CSD
Cayucos Sanitary District
Ground Squirrel Hollow CSD
Heritage Ranch CSD
Los Osos CSD
Nipomo CSD
Oceano CSD
San Miguel CSD
San Simeon CSD
Templeton CSD
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.H
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:
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:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
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(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. Following the state’s removal of the indoor mask mandate for vaccinated individuals on February 16, 2022, the City Council transitioned to fully hybrid meetings where the legislative body members, staff, and the public may attend the meeting either in person, or virtually. Due to a recent increase in the number of COVID-19 cases at City Hall, City Council meetings and other legislative meetings have been temporarily transitioned back to fully virtual. The safety of returning to a hybrid model will be re-evaluated in the second half of June 2022.
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 determined to transition to hybrid City Council meetings with a certain level of in-person participation, 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 make a change to its meeting practices 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. When holding 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:
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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: June 21, 2022
Erica Inderlied, City Clerk
City Manager Approval:
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #11.A
SUBJECT/TITLE:
PROTEST HEARING FOR DECLARATION OF PROPERTIES AS NON-COMPLIANT
FOR WEED AND RUBBISH ABATEMENT
RECOMMENDATION:
Conduct a public hearing to hear protests from property owners whose properties have been identified as non-compliant for weed abatement.
BACKGROUND:
During the last week of April and first week of May 2022, all private properties within the City of Pismo Beach were inspected for compliance with the City’s weed abatement ordinance (Ord. 96-05; Pismo Beach Municipal Code Chapter 8.32). Those properties deemed not in compliance were identified, sent a “notice” (Attachment 1), and instructed to come into compliance by June 1, 2022. At the April 19, 2022 City Council meeting, these properties were declared a nuisance by Resolution R-2022-025 (Attachment 2).
This protest hearing scheduled for the June 21, 2022 Council meeting is to allow affected property owners to protest the “noticing” of their property for non-compliance. If a property owner comes forward and gives a valid reason for removing their name from the list of non-compliant lots, Fire staff will re-inspect the lot in question and remove the name from the non-compliant list if the name was placed in error.
Attachment 3 is a list of properties deemed non-compliant as of May 5–6, 2022 field inspections. The list is sorted by Assessor’s Parcel Number (APN) and indicates the current owners. Property owners that have abated their nuisances by June 1, 2022 will be removed from the list. The list may be modified if additional lots needing weed abatement are identified. For properties that are not cleared by June 1, a City contractor will complete the work for them and the property will be assessed for the cost. The City Council will then conduct a hearing on August 2, 2022 to allow property owners to protest the assessment of their properties for weed abatement charges.
FISCAL IMPACT:
Costs associated with the annual weed abatement program are included in the City's existing Weed Abatement fund.
ALTERNATIVES:
1.Provide additional direction to staff.
ATTACHMENTS:
1.Letter to property owners
2.Resolution R-2022-025
3.List of lots identified
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Prepared by: Meeting Date: June 21, 2022
Michelle Pearson, Administrative Assistant
Submitted by: Paul Lee, Battalion Chief
City Manager Approval:
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RESOLUTION NO. R-2022-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA DECLARING THAT GRASS, WEEDS, AND RUBBISH ON CERTAIN
LOTS IN THE CITY OF PISMO BEACH CONSTITUTE PUBLIC NUISANCES AND
ORDERING SAID PUBLIC NUISANCES TO BE ABATED
WHEREAS, Section 8.32.020 of the City of Pismo Beach Municipal Code provides, 'The City Council may declare by resolution as a public nuisance, and abate:
A.Weeds growing in any location within the city, whether on public or private land.
B.All rubbish, refuse and dirt upon parkways or sidewalks, and all rubbish and refuse upon private property in the City; and
WHEREAS, the Fire Chief of the City of Pismo Beach or their representative is surveying all lots and can present evidence to the City Council of the City of Pismo Beach that there are weeds, rubbish, refuse and dirt on or adjacent to said lots, and that said conditions should be abated.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby directs that the Fire Chief of the City of Pismo Beach or their representative identify said lots and send by mail to each known owner of said lots a notice that the City of Pismo Beach intends to abate the public nuisances thereon.
UPON MOTION OF Council Member Blake, seconded by Mayor Pro Tern Reiss, the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 19 th day of April 2022, by the following vote:
AYES: 5
NOES: 0
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Approved:
Blake, Reiss, Guthrie, Newton, Waage
[lvke-Ed Waage, Mayo�
PAGE 1 OF 1
R-2022-025
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2022 Weed Abatement Program First Round Lots Identified 005-013-002 MCGINLEY PATRICIA J TRUST
005-013-007 RAMANAYAKE FAMILY REVOCABLE TRUST
005-014-007 LORIN ZANETTI
005-017-033 ANN CAMPBELL
005-022-035 CARL BLACK
005-023-019 JESSICA MICKLAUS & JESSE PADILLA
005-026-003 MAGUIRE REVOCABLE TRUST
005-026-006 TEUNISSEN LYLE
005-031-006 BLUE JEFF & MELISSA FAMILY TRUST
005-031-030 HEARN FAMILY TRUST
005-031-045 PAUL HOWARD
005-031-049 SHAFFER LANE LLC A CA LLC
005-031-053 LORD WILLIAM J JR
005-031-054 LORD WILLIAM J JR
005-032-021 CLINES SEAN
005-032-041 NUNES JOYCE H
005-032-048 WILLIAM GAMBLE
005-032-051
JONES DONALD D & KAREN L REVOCABLE
LIVING TRUST
005-032-052 EKDAHL LIVING TRUST
005-032-071 BERNARD RINGER-BRITZ
005-032-080 JUNE FUNG
005-035-006 WS TRUST
005-041-021 LUCIA MAR UNIFIED SCHOOL DIST
005-053-001 YONG KIM
005-062-003 SHELL 1 LLC
005-078-019 ROGERS LAURA
005-086-014 YOUNG ROBERT S & ISABELLA M TRUST
005-101-026 MACMILLAN FAMILY TRUST
005-101-032 SIMOES-CROOK THERESA A
005-121-051 HEARN FAMILY TRUST
005-163-021 ATSCO LTD
005-171-033 IWF PISMO TIDES LP A CA LTD PTP
005-213-001 COLE MCREYNOLDS
005-213-025 CARDENAS SOERACHMAT ZENO
005-221-036 KYLE WRIGHT/JILLIAN FLAVIN
005-221-041 VONRUDEN FAMILY TRUST
005-221-044 GEORGE OLAH
005-222-015 ROY BENJAMIN
005-222-033 HEIDI DEMAYO
005-223-007 GRAGNANI DONALD J & ANA M FAMILY TRUST
005-223-013 JEFFREY BUCKEY
005-233-001 KEY FORREST
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2022 Weed Abatement Program First Round Lots Identified 005-234-010 FM COONEY FAMILY TRUST
005-236-019 CLAIR ROSS
005-242-010 FIVE CITIES DRIVE
005-242-065 PRIME OUTLETS
005-251-006 PISMO SHORE CLIFF INC A CA CORP
005-271-025
KINGFISHER CANYON DEVELOPMENT
COMPANY A CA GEN PTP
005-271-030
KINGFISHER CANYON DEVELOPMENT
COMPANY A CA GEN PTP
005-282-021 LEU BILLY C
005-282-038 MACIAS DIANA
005-282-039 FEDE NANCY F
005-283-001 RUFI FAMILY TRUST
005-283-020 BAMBAS JAMES T
005-283-033 NICHOLS FAMILY TRUST (SURVIVORS)
005-284-016 MEYERS JACQUELINE M
005-284-032 QUAN ERIC R
005-284-042 STEWARD BRYAN G LIVING TRUST
005-284-043 MALEJAN CHRISTOPHER
005-288-022 OKUI CHARLES H 2012 REVOCABLE TRUST
005-289-019 ARONS REGINA M
005-289-024 MARTINEZ ALAIN
005-289-048 CANTU FAMILY TRUST
005-291-017 PARSONS
005-291-022 SALUCCI HOLDINGS
005-292-008 MARIAN MACIE
005-382-029 MCCLINTIC BONNIE K
005-382-046 JULIE GAVIN
005-385-046 JUCK LIVING TRUST
005-386-057 PISMO DEVELOPMENT GROUP LLC
005-386-056/058 VILLAS AL MARE
005-391-005
TOUCAN TERRACE SECTION TWO HOMEOWNRS
ASSN
005-391-009
TOUCAN TERRANCE SEC 1 HOMEOWNERS
ASSN
005-391-060 UNITED STATES POSTAL SERVICE
005-396-025 TABORGA ERIC
005-396-030 DAVIS YOLANDA A TRUST
005-396-031 CAO SON & HUYEN N 2013 LIVING TRUST
005-398-042 PENINSULAR INVESTMENTS INC A CA CORP
005-398-047 BAKER ROBERT SEPARATE PROPERTY TRUST
005-403-008 SILVA MICHELLE S
005-403-025 LUIZ MANUEL W JR
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2022 Weed Abatement Program First Round Lots Identified 005-403-045
NEW LIFE COMM CH OF THE NAZARENE A CA
NON-PROF COR
010-041-044 CLIFF’S RESORT
010-042-042 HASLO
010-044-036 SPYGLASS RIDGE HOA
010-045-003 HUEBNER SHERRY
010-045-063 KEVIN SMALL
010-073-037 GERALD & VISTORIA OUELLETTE JR
010-073-038 MARK & HAZEL BOURGET
010-073-039 KENJI & SHARON YAMADA
010-082-001 PATRICIA BIANCO
010-082-012
SOL HOMEOWNERS ASSOCIATION A CA
NONPROFIT CORP
010-084-037 RICHARD LOUGHEAD
010-141-034 FISHER FAMILY TRUST
010-141-038 NADIA HENSEL
010-141-039 NDAB INTERESTS
010-143-041 KIMBERLY HANDLEY
010-143-042 BRENDA BARKER
010-144-025 F & S MCNEAL
010-152-007 C/O TOSTE CONSTRUCTION
010-152-009 BDC DEVELOPMENT CORPORATION
010-152-033 BLAUME PAUL
010-152-036 SILVER SHOALS INVESTMENTS
010-181-013 LAZARO & VIRGINIA VILLA
010-184-025 RITA MAZZEO
010-232-031 HUDACKO FAMILY TRUST
010-232-042 MARQUEZ BRITTANY C
010-233-028 BRUCE COOPER
010-241-057 WAHL ERIC A
010-283-008 PARDINI WILLIAM F
010-292-008 MARIAN MACIE
010-292-009 JACK RAYMOND
010-311-013 DIXON FAMILY TRUST - BYPASS TRUST
010-352-002 RUSSELL LINDA M
010-521-012 AILEEN COMBS
010-521-049 ABBAS KHALLAGHI
010-521-051 JOSEPH SILVEIRA
010-561-002 BLUFFS AT SAN LUIS BAY HOA
010-562-001 NETTO FAMILY LIVING TRUST
010-562-006 GRACE PLEMONS
010-562-010 THAURE-MCCLOSKEY FAMILY TRUST
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2022 Weed Abatement Program First Round Lots Identified 010-562-011 AJ DIBUDUO
010-562-012 8 ESTATE LLC
010-562-013 MOCHIZUKI FAMILY TRUST (TR 1)
010-562-018 HERBERT HILL
010-562-021 LAURENCE ROSE
010-562-022 JARED COUVREY
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A
SUBJECT/TITLE:
SHORT-TERM RENTAL REGULATIONS AND ENFORCEMENT
RECOMMENDATION:
1. Receive a report and provide direction to staff on potential changes to the City’s Short-Term Rental regulations.
2. Should changes to the Short-Term Rental regulations be desired, adopt an Urgency Ordinance imposing a moratorium on the issuance of Short-Term Rental licenses pursuant to Government Code Section 65858.
BACKGROUND:
At the January 28, 2022, Special Goals Workshop, staff presented the City Council with information about the City’s current short-term rental (STR) regulations and enforcement process for violations of the regulations. At that time, the Council directed staff to return at a future meeting with further information about the enforcement of the City’s STR regulations and related options.
The City’s existing land use regulations governing STRs were adopted by the City Council on May 15, 2018, by Ordinances O-2018-006 (coastal zoning ordinance) and O-2018- 007 (non-coastal zoning ordinance). These regulations and the associated Local Coastal Program/Implementation Plan amendment were certified by the Coastal Commission on August 10, 2018, with a unanimous vote of the Coastal Commission, which called it a model ordinance at the time. Following certification by the Coastal Commission, the City Council adopted Ordinance O-2018-013 to establish the necessary administrative policy changes to implement the land use ordinances.
There are currently 28 STRs licensed to operate within Pismo Beach. While most of these permitted rentals operate without issue, the City has continued to receive concerns from the community regarding these uses. Additionally, since the City’s ordinances were certified, other communities have adopted regulations that include more stringent limitations on rentals. As such, a review of the regulations as requested by the Council is timely.
Regulatory Structure
The regulations governing STRs are found in two places in the Pismo Beach Municipal Code (PBMC). Chapter 5.22 (administrative code) regulates the licensing of STRs and homestays. The 1983 and 1998 zoning codes each have a chapter dealing with STRs:
Chapter 17.113 (1983 coastal zoning code) and 17.09 (1998 non-coastal zoning code), which regulate the applicable land use considerations. The PBMC is available online at www.pismobeach.org/municode .
Under both Chapters 17.113 and 17.09, STRs and homestays are permitted only at single-family properties that are the primary residence of the property owner. A property Council Agenda 6-21-2022 12.A-1
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owner can only have one primary residence at one time for purposes of the STR ordinance, and the property owner is required to provide the City proof of primary residence each year. STRs may not be owned by corporations, LLCs, partnerships or other business or commercial entities; they must be owned by individual owners, or trustees of a trust.
When the City receives an application for an STR/homestay, the City conducts an inspection to confirm bedroom count, on-site parking and applicable safety standards.
The City may re-inspect a property if complaints are subsequently received about the operation of the STR/homestay. The City also has created a “good neighbor policy” (Attachment 2), which the property owner must sign. A brochure summarizing this good neighbor policy is required to be placed or posted in a clearly visible location within the unit. There are various other rules and limitations placed on the operation of STRs and homestays like maximum occupancy, visitors, trash, traffic, parking, and noise.
Furthermore, in keeping with the requirement that the unit be the owner’s primary residence, a qualifying STR property is limited to a maximum of 182 rental days per rolling year (counted from a particular date one year, through the same date the previous year) without the owner being concurrently on site. In the event that the owner is concurrently on site, there is no limit to the number of days a property may be used as a homestay.
The property owner is also required to obtain a business license and a transient occupancy tax certificate, so the owner may remit to the City the applicable TOT and lodging assessments.
Primary Residency Requirement
As stated above, STRs may not be owned by corporations, LLCs, partnerships, or other business or commercial entities. Rentals must be owned by individual owners or trustees of a trust and, importantly, must be the primary residence of the individual applying for the STR license. Subsection 5.22.100.C. of the PBMC defines primary residence as:
“the dwelling owned and occupied as the property owner’s principal place of residence, where the owner lives more than fifty percent of the year, defined herein as one hundred eighty-three days or more per year. For purposes of short-term rental or homestay licensing, a person can only have one primary residence at any time.”
During initial implementation of the regulations, property owners were required to submit property tax exemptions from the County Tax Assessor to establish primary residency. In the last two years, applicants for STR licenses have been required to provide additional proof of primary residency, including Schedule E of the owner’s income taxes (with confidential information redacted) and copies of driver’s licenses with address of the STR shown. Applicants may also submit copies of vehicle registration, voter registration, and utility bills to assist in proving primary residency. Additionally, over the last two years the City has required ownership of the property for six months before approving an STR license, to reduce the number of applications received by speculative owners. This documentation is required to be provided annually to ensure continued primary residency.
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To provide an example of the types of concerns residents have about these uses, in recent months, the City has received complaints regarding a license for a rental that the owner had not been living in for the previous six months. This is not an explicit requirement of the regulations to issue an STR license, but this is a requirement that could be implemented or extended if desired by Council.
Rental Activity Monitoring
The monitoring of STR rentals and activity requires sophisticated software, as the platforms available to advertise and conduct rental activities are numerous. The City currently contracts with Rentalscape to comb internet rental sites and identify STR listings within the city. This system utilizes data from listings to help identify the properties advertised for rent. However, site identification has become increasingly difficult because of the anonymization of listings by those posting them, apparently intended to skirt enforcement, as well as to reduce crime against vacant properties. Staff monitors Rentalscape to identify and notify unpermitted rentals prior to citation proceedings.
Rentalscape is also utilized to provide an estimate of rental activity for licensed STRs, which allows the City to monitor the 182 rental-day limitation for each property. While the estimates are not exact due to a variety of factors, the data has been utilized successfully, including one case where the data helped lead to successful court proceedings brought by a previously licensed STR that was not operating within regulations.
Administrative Penalties
Violations of the STR regulations can be prosecuted criminally as a misdemeanor, but most are handled administratively through the imposition of fines. The fines start at $750 for the first violation, and $1,000 for each subsequent violation. Each separate day or rental night in which a violation exists is considered a separate violation, so the fines can mount quickly in cases where the property owner does not quickly come into compliance.
The City can also pursue civil remedies such as nuisance abatement under Chapter 8.20 of the Municipal Code.
The City has imposed nearly $30,000 in fines within the last two years for STR violations, including prevailing in the above-mentioned court case filed by a then-licensed STR operator who sought to overturn $16,750 in fines for illegal operation of their rental.
License Revocation
In some instances, complaints and administrative penalties are such that they become categorized as significant violations. Subsection 17.113.100.C of the Code defines a significant violation as “a situation where the property owner or responsible party is either unable or unwilling to rectify the situation within thirty minutes, and/or when public safety personnel must be called to assist in resolving the situation, and/or a situation that causes substantial disturbance to the neighbors or neighborhood.” Examples of significant violations involve complaints that are not addressed within thirty minutes of the City contacting the owner or responsible party, inability for City staff, including Police Dispatch, to reach the owner or responsible party, violations of the operating confines of the regulations, including number of visitors, overnight occupancy, annual limit of rental Council Agenda 6-21-2022 12.A-3
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nights, etc., and failure to make applicable tax payments to the City. An STR license may be revoked if the owner is non-responsive to a complaint more than three times in a twenty-four-month period, if there are more than three significant violations in a twenty- four-month period, or if the property owner or responsible party is cited three or more times in a twenty-four-month period. Since implementation of the regulations, two STR licenses have been revoked.
Enforcement Approaches in other Cities
Staff has reviewed the approach to STR regulation used in a number of other cities. There are some novel regulatory structures in use elsewhere in California.
For example, in South Lake Tahoe, California, vacation home rentals (VHRs) are limited by citizen initiative to a specific set of non-residential areas within the city. The initiative, Measure T, required the phase-out of all VHR permits in residential areas and all multi- family properties over a three-year period ending in December 2021. Measure T now prohibits the issuance of new VHR permits in residential areas, and no new VHR permits have been issued by that city since the effective date of Measure T in 2018. Measure T also allows for properties within a residential zone, whose owner is a permanent resident of the City of South Lake Tahoe, to vacation-rent the entire dwelling for up to 30 (consecutive or non-consecutive) days total per one-year permit period upon filing of a permit application and proof of primary residence through a property tax exemption claim.
The City also has an online map available that shows the number of VHR citations that have been issued to a specific VHR. It should be noted for purposes of this discussion that in Pismo Beach, the term “vacation rental” is not used interchangeably with “short- term rental.” Vacation rentals, as defined in Pismo Beach’s regulations, are not a point of discussion of this report.
The City of San Diego imposed a tiered permitting process for short-term rentals. Under Tier 1, a home may be rented for 20 days or less per year, and the owner does not need to reside on site. Under Tier 2, the owner may rent a room or rooms in the home for more than 20 days per year, so long as the owner resides on site. The owner may be absent from the residence for up to 90 days per calendar year. Under Tier 3, which allows the whole home to be rented in areas outside Mission Beach, the number of rental licenses issued cannot exceed 1% of San Diego’s total housing units outside the Mission Beach planning area, and there is a two-night minimum stay requirement. Lastly, under Tier 4, which applies only to Mission Beach, the number of licenses cannot exceed 30% of the homes in the Mission Beach planning area, also with a two-night minimum stay requirement. There is also a lottery process for the permits, which have a two-year term.
Of note, San Diego’s regulatory structure is still in the process of being approved by the Coastal Commission.
On the other end of the spectrum, the City of Monterey simply bans all short-term rentals within that city. A recent search of AirBnB shows no listings in Monterey, and the City of Monterey’s website indicates that the City actively enforces fines against those who advertise short-term rentals.
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All three of these examples provide potential avenues for additional STR regulation in Pismo Beach. Additional research would be necessary depending on the preferred direction of regulation desired by the Council. For instance, limits on the total number of permitted STRs could be pursued based on a flat number or based as a percentage of the more than 5,800 residential units in the City (2020–2028 Housing Element). Similarly, prohibitions on future STRs would require discussion with Coastal Commission staff regarding feasibility for certification of a Local Coastal Program amendment.
Potential Ordinance Modifications & Moratorium
In addition to the potential regulation modifications identified above, the City Council has stated a desire to address penalties for those operating STRs outside the confines of the adopted regulations. One such penalty could be the prohibition of license approval for a specified period following citation. The challenge to this would be that the “bad actors” would be treated the same as those owners who did not know the rules existed. This could be seen as a drastic penalty against some, while being an appropriate penalty for others, but would need to be uniformly enforced to remain fair.
Should the City Council provide direction to begin modifying the existing STR regulations, staff recommends the adoption of an urgency ordinance establishing a moratorium on the issuance of new STR licenses consistent with the process identified in Chapter 5.22 and land use regulations in Chapters 17.113 and 17.09 in the 1983 and 1998 Codes (Attachment 1). This will provide a temporary pause while staff research and drafts new regulations to address Council concerns.
As an urgency ordinance adopted pursuant to Government Code Section 65858 that would temporarily suspend regulations including certain land use regulations, the ordinance would need to be adopted by at least a 4/5 vote and would be valid for an initial term of 45 days. At that time, the City could opt to hold a public hearing, and the City Council could act to extend the interim ordinance for a further 10 months and 15 days.
Thereafter, the City Council could extend the interim ordinance for one final year if additional time was needed to study potential regulations.
Conclusion and Recommendation
Staff recommends that the City Council provide direction on desired changes, if, any, to the City’s existing STR licensing and enforcement regulations. If the Council determines to modify the existing STR regulations, staff recommends that the Council adopt an urgency ordinance (Attachment 1) to establish a moratorium, effective immediately, on STR licenses while new regulations are further researched and drafted.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
ALTERNATIVES:
1. Provide alternative direction to staff.
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ATTACHMENTS:
1. Draft Urgency Ordinance
2. Good Neighbor Policy
Prepared by: Meeting Date: June 21, 2022
Matthew Downing, Community Development Director
David M. Fleishman, City Attorney
Submitted by: Matthew Downing, Community Development Director City Manager Approval:
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ORDINANCE NO. O-2022-XXX
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PISMO BEACH, CALIFORNIA IMPOSING A MORATORIUM ON THE ISSUANCE OF
SHORT-TERM RENTAL LICENSES PURSUANT TO GOVERNMENT CODE
SECTION 65858
WHEREAS, Pismo Beach is a popular tourist destination, drawing visitors from around the world to enjoy the Pacific Ocean, the beach, and recreational opportunities available in and around Pismo Beach; and
WHEREAS, one of the City Council’s 2022 goals is to build on the strength of the City’s local community to preserve the City’s “Classic California” charm and ensure an exceptional quality of life for residents; and
WHEREAS, the City Council recognizes the need to balance the provision of transient lodging options other than traditional hotels and motels for visitors with the needs of residents working in and around Pismo Beach to have affordable housing options; and WHEREAS, like many cities on the Central Coast, the City of Pismo Beach has a shortage of rental and for-sale housing affordable to people working in Pismo Beach and surrounding communities; and
WHEREAS, Chapter 5.22 of the Pismo Beach Municipal Code currently requires operators of short-term rentals and homestays to obtain a short-term rental license prior to engaging in the short-term rental business and as a condition of engaging in such business; and
WHEREAS, the City of Pismo Beach currently does not limit the number of short-term rental or homestay licenses that may be issued, either City-wide or in any neighborhood where such short-term rentals are allowed; and
WHEREAS, anecdotal evidence suggests that the COVID-19 pandemic has exacerbated the housing shortage, as people have moved to Pismo Beach and the Central Coast from more urban communities, and some housing units previously used as long-term rentals were sold to buyers intending to occupy them on either a full-time or part-time basis; and WHEREAS, the City has received complaints from neighbors of properties used as short- term rentals concerning parking, noise, trash, crowding, and other issues; and WHEREAS, it is in the interest of the City and its residents that the City undertake a review to consider zoning, land use, and regulatory measures to limit or otherwise regulate the number, location, and/or other aspects of short-term rental properties in Pismo Beach; and
Attachment 1
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WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety, and welfare associated with the lack of long-term rental housing in Pismo Beach, that there is a link between the prevalence of short-term rental properties and the lack of long-term rental housing, and that the issuance of additional short-term rental and homestay permits while the City undertakes a review and consideration of measures to regulate short-term rentals would exacerbate the threat and diminish or postpone the effectiveness of such measures; and
WHEREAS, California Government Code Section 65858 expressly authorizes the City Council to adopt by four-fifths (4/5) vote, without following the procedures otherwise required for the adoption of a zoning ordinance, an urgency ordinance that would go into effect immediately following its passage, which is necessary for the immediate protection of the public health, safety, and welfare; and
WHEREAS, on June 21, 2022, the City Council considered the adoption of this urgency ordinance at a properly noticed public meeting; and
WHEREAS, the City Council finds that it is necessary to adopt this urgency ordinance establishing a moratorium on the issuance of new short-term rental licenses pursuant to the Pismo Beach Municipal Code, in order to provide time for the City to review means of more effectively regulating short-term rentals and possibly adopting revisions to existing ordinances governing the establishment and operation of short-term rentals; and WHEREAS, the City Council finds that this ordinance does not have “the effect of denying approvals needed for the development of projects with a significant component of multifamily housing” within the meaning of California Government Code Section 65858(c).
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 City Council hereby places a moratorium on the issuance of permits and directs that no permits issue for short-term rentals and homestays under Chapter 5.22 of the Pismo Beach Municipal Code, nor shall short-term rentals and homestays not in existence as of the date of this ordinance be an allowed use under either Chapter 17.09 or Chapter
17.113 of the Pismo Beach Municipal Code. Nothing herein shall affect the City’s authority to deny a permit application pending as of the date that is one week before the adoption of this ordinance, or to suspend or revoke a permit, pursuant to Section 5.22.160 of the Attachment 1
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Pismo Beach Municipal Code, or to take action for violations as set forth in Section
17.09.100 or Section 17.113.100. The City Council hereby enacts this interim urgency ordinance by not less than a four-fifths vote, and in light of the findings set forth herein, under the authority granted to it by Article XI, Section 7 of the California Constitution and Section 65858(a) of the California Government Code, which allows the City to adopt an interim urgency ordinance in order to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a zoning proposal that the City Council, Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time.
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 the regulations contained herein, the activity is not subject to CEQA.
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.
Based upon the findings set forth above, this is an interim urgency ordinance adopted pursuant to Government Code Section 65858. This ordinance shall therefore take effect immediately upon adoption. This ordinance shall remain in effect for forty-five (45) days from the date of adoption; that is, until August 5, 2022. The amendments to the City’s LCP and zoning ordinance created by this urgency ordinance do not require certification from the California Coastal Commission. The Coastal Act does not deprive local governments from exercising their statutory power to enforce urgency ordinances, nor require prior review and approval of such ordinances by the Coastal Commission, provided that the ordinances are not in conflict with the Coastal Act. Certification by the Coastal Commission is required only for amendments that authorize a use other than that designated as a permitted use in the LCP. Conway v. City of Imperial Beach (1997) 52 Cal.App.4th 78.
Attachment 1
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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.
ADOPTED at a regular meeting of the City Council held this 21st day of June, 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
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
Attachment 1
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D.Pismo Beach Short-Term Rental/Homestay Good Neighbor Policy The City of Pismo Beach Short-Term Rental (STR) regula�ons are intended to minimize the impacts of STRs on residen�al neighborhoods. Consequently, the City requires that all occupants of STRs adhere to the Good Neighbor Policy as outlined below:
1.The owner, or responsible party (as defined by the Pismo Beach Municipal Code) shall be available 24-hours a day, seven days a week to respond to complaints concerning the condi�on, opera�on, or conduct of STR occupants.
2."Responsible party" shall mean a person, over the age of eighteen, who shall be legally responsible for compliance of all renters and visitors of the STR or homestay with all applicable provisions of the Pismo Beach municipal code. The responsible party shall sign the good neighbor policy and is designated as the point of contact for the short-term rental or homestay.
3.The responsible party shall assure the maintenance of the licensed property in compliance with this and other applicable regula�ons, and shall be responsible for the conduct and acts of said renters and visitors to the extent provided herein. The responsible party's contact informa�on shall be provided to all short- term renters and neighbors within three hundred feet of the STR or homestay in the manner prescribed in Chapter 5.22.
4.The owner/responsible party shall respond to a complaint within 30 minutes.
5.Parking – Parking shall be provided in a garage or on a driveway. STR occupants shall use the of-street parking that is provided for the rental.
6.Noise – The STR renters and visitors shall not generate noise to an extent that unreasonably interferes with the quiet use and enjoyment of neighboring proper�es. Any noise occurring a�er 10 p.m. and before 7:00 a.m. shall be contained within the STR/Homestay.
7.Trash – Trash shall not be le� stored within public view, except in proper containers for purposes of collec�on. There shall be no accumula�on of storage of trash and/or debris on the site or within the STR/Homestay.
8.Traffic – Vehicles used and traffic generated by the STR or homestay shall not exceed normal residen�al levels or unreasonably interfere with the quiet use and enjoyment of any other residences or businesses in the area. What is reasonable in terms of traffic generated shall be determined under exis�ng legal standards applicable to evalua�ng alleged nuisances.
9.Maximum Occupancy – Maximum overnight occupancy of an STR or homestay shall be limited to two people per bedroom, plus two addi�onal people. For example, a two-bedroom STR may have up to six occupants overnight. This calcula�on shall be inclusive of children.
10.Visitors – The number of visitors to an STR or homestay shall not exceed a number equal to the allowable occupancy of the STR or homestay at any �me. Visitors are not allowed in the STR or homestay between 11:00 p.m. and 7:00 a.m. and shall not stay overnight on the premises.
By ini�aling below, I am confirming that I understand and agree that it is the responsibility of the owner/responsible party contact to ensure that all STR/Homestay rules and regula�ons are acknowledged and adhered to by the STR renters and visitors.
Owner Ini�als _________ Responsible Party Ini�als _________ Attachment 2
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B
SUBJECT/TITLE:
HIGHWAY 1/DOLLIVER STREET RELINQUISHMENT AND SIDEWALK UPDATE
RECOMMENDATION:
Receive an update on the relinquishment process and provide staff direction on how to proceed with respect to sidewalk gaps on Mattie Road and Dolliver Street.
BACKGROUND:
Highway 1, which includes the entirety of Dolliver Street and the portion of Price Street from Dolliver Street to Mattie Road as shown in Figure 1 below, is the main north/south route through Downtown Pismo Beach. Highway 1 is a state highway owned, maintained, and controlled by the California Department of Transportation (Caltrans). The lack of City control of this thoroughfare has presented challenges over the years, including:
Not being able to control or alter traffic patterns
Not being able to alter parking spaces, or implement paid parking Not being able to install signalization, including stop signs or signals Not being able to install crosswalks
Needing to obtain an encroachment permit for special events, such as band review, the classic car show, and Clam Festival
Needing to obtain an encroachment permit for work, such as the sidewalk paver project, paving of cross streets or to repair sewer and water mains
Figure 1. Highway 1 through Pismo Beach
The City’s most recent traffic study, dated April 11, 2016, recommends several operational improvements along Highway 1 that cannot be implemented because they do not meet Caltrans design standards. These recommendations do meet the City’s design standards and are in line with best practices and the Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD), but because they do not meet the State highway design standards, they cannot be implemented without a design exception.
Some of these improvements include:
Creating turn pockets along Dolliver Street to reduce congestion Installing a pedestrian scramble at the intersection of Dolliver Street and Pomeroy Avenue
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Installing improvements for parking and pedestrian safety at the Butterfly Grove
The City has considered taking over Dolliver Street several times over the last 10-plus years; however, the City was reluctant to move forward due to the state of disrepair of the roadway. In August of 2017, City staff was notified by Caltrans and San Luis Obispo Council of Governments (SLOCOG) staff that State Highway Operation and Protection Program (SHOPP) Roadway Preservation funding was approved for project EA: 1G980.
The official project description was “On Route 1 in San Luis Obispo County in and Near Pismo Beach from Garcia Way to South Jct. Rte 101/1 Separation. Capital Preventative Maintenance (CAPM) project,” with an estimated total cost of $15,066,000. In short, this project would rehabilitate Highway 1 in its entirety from Oceano through Pismo Beach.
In September of 2017, Caltrans staff began outreach and meeting with stakeholders, including the County of San Luis Obispo, representing the community of Oceano and the Cities of Grover Beach and Pismo Beach. Staff from each agency was provided the opportunity to provide input on what was important to their community. At this time, City staff indicated to Caltrans staff that the City might be interested in relinquishment after the CAPM project EA 05-1G980 was completed and would like to see the missing piece of sidewalk from Pismo Lighthouse Suites to the Shore Cliff Hotel installed with the project.
On December 8, 2017, the City Manager sent a letter to the Caltrans District 5 Director indicating that the City had been considering the pros and cons of a relinquishment of Highway 1 and reiterated items of interest to the City:
Completion of the sidewalk between the Pismo Lighthouse Suites and the Shore Cliff Hotel near the intersection of Highway 1/Dolliver and Mattie Road Installation of a pedestrian scramble at the intersection of Highway 1/Dolliver and Pomeroy Avenue
Installation of short one- or two-car turn pockets on Highway 1/Dolliver at Stimson Avenue, Ocean View Avenue and Pomeroy Avenue
Install two lanes on southbound Highway 1/Dolliver at the intersection of Price Street, one for through traffic and one for right turns Ensure that new ADA ramps have positive drainage and do not create “bird baths” Additional efforts to create a safe pedestrian crossing at the Butterfly Grove
Over the last five years, Caltrans has been very proactive at involving the City in the development of the project plans. The City’s goal was to make sure that the highway was improved to City standards and then could be left to be configured in a way that meets the City’s traffic standards and circulation goals. The current status of the City’s intent to shape the project can best be summed up from the meeting notes from a meeting that took place on April 2, 2021 which state, “After much discussion it was decided that Caltrans will design the project as previously planned [with respect to striping] and then during construction will do a Change Order to remove the [thermoplastic] striping from the project and Pismo will come in and do their own striping if the relinquishment is executed [and] do the striping in paint instead of Thermo Plastic and [Caltrans will] install temporary flag reflectors in the areas that Pismo would want to change, specifically through Council Agenda 6-21-2022 12.B-2
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downtown and at the intersection of Price and Dolliver on Price Street on the North side of the intersection.” The meeting notes also reflect that the sidewalk between the Pismo Lighthouse Suites and the Shore Cliff Hotel will be constructed as part of this project.
The current schedule for the Pismo Beach CAPM project is for construction to begin in March 2023 and to be completed in October of 2023. This is for the entire project from Oceano to Pismo Beach. Dates of work in the City of Pismo Beach have not yet been determined, however Caltrans staff has been very responsive and committed to keeping City staff up to date on the project.
Relinquishment Process
In order for a state roadway to be relinquished, several things need to happen. The typical process includes the following steps:
Initiation
o Letter of intent from agency
o Resolution of interest from Caltrans
Relinquishment Assessment Report (RAR)
Enabling legislation must be signed by the Governor
Draft relinquishment agreement
Environmental review
Project Approval Report (PAR)
Execute final relinquishment agreement
California Transportation Commission (CTC) vote
On December 8, 2017 the City Manager sent the City’s letter of intent to Caltrans and on April 26, 2018, the Caltrans District Director sent the resolution of interest to the City. The RAR was prepared by Caltrans and signed on January 12, 2021. On February 19, 2019, the City Council adopted Resolution R-2019-012 supporting legislative efforts to acquire State Route 1 under the State Relinquishment Process. On September 5, 2019, SB 504, authored by Senator Monning, was adopted by the California Senate and later signed into law by Governor Newsom on October 3, 2019. Most recently on August 3, 2021 the City Council adopted Resolution R-2021-067 authorizing the City Manager to negotiate and execute an agreement with the California Department of Transportation for the relinquishment of Highway 1/Dolliver Steet/Price Street in Pismo Beach.
Current Efforts
City staff is currently meeting monthly with Caltrans staff to negotiate the details for the relinquishment agreement and to ensure the City is up to date with respect to the CAPM Project. So far, staff has two concerns with Caltrans requirements for the agreement. The first concern is that Caltrans is currently requiring two “exclusions zones” which Caltrans will not relinquish. These exclusion zones are at the terminus of the US 101 Southbound Off Ramps at Price Street and Dolliver, shown in Figure 2. Caltrans wishes to keep possession of these areas in case at some point in the future signalization of the offramp becomes necessary. Staff’s concern with the exclusion zones is that maintenance or traffic control within these areas would still require an encroachment permit. Further the City’s most recently traffic study recommends a dedicated right turn lane at the Council Agenda 6-21-2022 12.B-3
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intersection of Highway 1/Price Street/US 101 off ramp, which would meet the City’s standards, but not the current Caltrans standards.
Figure 2. Relinquishment Exclusion Zones
The other point of concern for City staff is that along with the roadway, Caltrans will be relinquishing ownership of the culvert system. These culverts have not been inspected in some time; however, Caltrans has committed to inspecting the culverts prior to relinquishment. The Caltrans grading system for their culvert system includes three conditions, good, fair, and poor. Culverts rated as poor would be rehabilitated prior to relinquishment, however culverts rated as fair or good, would be turned over the City as is. These culverts are shown in Figure 3, below.
Figure 3. Culverts to be Relinquished
Price Street Off-
Ramp Exclusion Dolliver Off-Ramp
Exclusion
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Sidewalk System Gaps
There are a number of gaps in the sidewalks along Highway 1 and the US 101 corridor along Mattie Road. These gaps are at the following locations:
Segment A – Highway 1 between the Shore Cliff Hotel and Pismo Lighthouse Suites
Segment B – Mattie Road from Foothill Road to the Pismo Preserve Segment C – Mattie Road from north of Tract 2295 to Spyglass Drive Segment Group D – Highway 1 at various locations from Ira Lease Park to the Butterfly Grove
Segment A – This missing sidewalk segment is approximately 75 feet and the reason there is no sidewalk is unclear. Staff assumes it is due to the narrow width between the road and the edge of the adjacent gully. During the relinquishment/CAPM Project negotiation process, staff was able to get Caltrans to agree to construct this missing section of sidewalk as part of the CAPM Project.
Segment B – Segment B is approximately a quarter of a mile or 1,365 feet. Sidewalks are typically constructed by developers when they develop a vacant parcel. Since the land adjacent to this stretch of roadway is undeveloped there has not been the requirement to install sidewalk in this location. The City could have required the Land Conservancy to install the missing sidewalk, however due to the cost associated with the construction of the required retaining walls, and the fact that the Land Conservancy was short on funds and had a deadline to purchase the property, it was decided that the public benefit of purchasing the land and constructing the Pismo Preserve was in the best interest of the public.
It is estimated that the construction of sidewalk Segment B would cost approximately $2.0 million.
Segment C – Similarly to Segment B, Segment C is adjacent to vacant property, and therefore a sidewalk across this frontage has not been required to be constructed.
It is estimated that the construction of sidewalk Segment C would cost approximately $1.4 million. Because both Segment B and C would connect neighborhoods to each other and public recreational opportunities, staff believes that they would both be competitive for grant funding. Most grants required that a project be “shovel ready,” i.e. plans and specifications are complete, or nearly complete, at the time of application. Staff estimates that it would cost approximately $450,000 to complete the necessary documents for these segments to be grant funded. Caltrans has recently adopted a policy that when a major transportation project is constructed that multi-modal alternatives along the project corridor be constructed if practical and feasible.
Segment Group D – The majority of sidewalk gaps in this stretch of right-of-way are adjacent to mobile home and/or trailer parks. This type of development is under the permitting jurisdiction of the California Department of Housing and Community Development, and in very rare cases does the City have the opportunity to review and/or Council Agenda 6-21-2022 12.B-5
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provide conditions of approval such as the installation of sidewalks. The public right-of- way varies from eighty feet to seventy feet wide with a paved cross section that is approximately forty feet wide. Segment Group D is shown in Figure 4 below.
Figure 4. Segment Group D
On June 15, 2010 the City Council adopted the Bicycle and Pedestrian Master Plan which calls for a Class I or II bikeway connecting to Grover Beach’s future Class I bikeway adjacent to the railroad tracks. Later, on March 19, 2013 the City Council adopted the Complete Streets Plan which identifies this stretch of roadway as Section L with the following cross section: 5’ sidewalk, 8’ bike lane, 1’ hardscape area/buffer, 11’ travel way, 0’-12’ median/turn lane, 11’ travel way, 1’ hardscape area/buffer, 8’ bike lane, and 5’ sidewalk. This cross section is shown in Figure 5, below Figure 5. Highway 1/Dolliver Cross Section from 2013 Complete Streets Plan from Pismo Creek to Butterfly Grove
Staff has asked Caltrans if the sidewalk improvements in this section of right-of-way could be constructed with the CAPM project based on Caltrans new multi-modal policy, Council Agenda 6-21-2022 12.B-6
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however the policy was adopted after the development of the project, and the project is now too far along to include the sidewalks.
Conclusion and Recommendation
Staff seeks Council direction on Segments B and C and Segment Group D. With respect to Segments B and C, the City could invest $450,000 to prepare the necessary documents to position these segments for grant funding, or could wait in hopes that Caltrans will construct the missing sidewalk pursuant to their multi-modal policy when the Construction of the Five Cities Multimodal Transportation Network Enhancement Project (formerly known as the US 101 Pismo Congestion Relief Project) project is constructed which is estimated to be in the summer of 2024 or 2025, if funding becomes available.
With respect to Segment Group D, staff is seeking direction on whether or not to invest the time and resources necessary to develop conceptual project plans and a feasibility level cost estimation for this project. It is estimated that it would take a total of 100 to 130 hours of staff time combined from the Engineering and Planning divisions to complete.
Additionally, survey work may need to be conducted.
FISCAL IMPACT:
There is no direct fiscal impact associated with this report.
ALTERNATIVES:
1. Provide alternative direction to staff regarding the sidewalk gaps.
ATTACHMENTS:
None.
Prepared and Submitted by: Meeting Date: June 21, 2022
Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.C
SUBJECT/TITLE:
AMENDMENT OF THE CITY’S CLASSIFICATION PLAN TO INCLUDE FOUR NEW CLASSIFICATIONS AND UPDATE TWO EXISTING JOB CLASSIFICATIONS;
APPROPRIATION OF FUNDS AS REQUIRED TO COVER ONGOING COSTS OF FIVE
ADDITIONAL FULL-TIME POSITIONS
RECOMMENDATION:
Adopt a Resolution amending the City’s Classification Plan to include four new full-time job classifications, updating existing classifications for Utilities Manager and Facilities Manager, and appropriating funds to cover ongoing costs for five full-time positions effective June 21, 2022.
BACKGROUND:
Updated Job Classifications
As a best practice, Human Resources staff periodically reviews job specifications for all positions to ensure essential functions, education, licensing, and certification requirements are accurately reflecting the current and anticipated future needs of each position. Human Resources also relies on department managers to provide recommendations for position modifications due to changes in City processes that affect the position, recruitment efforts for casting a wider net, or evolution of the position.
Staff is recommending certification, license, and education requirement modifications to two mid-management positions in the Public Works Department: Facilities Manager, and Utilities Manager. Below is a table outlining the adjustments staff is recommending.
Council Agenda 6-21-2022 12.C-1
UTILITIES MANAGER
Current
Certification
and License
Requirements
Possession of a valid Class A California driver’s license with appropriate endorsements.
Possession of a Grade III Wastewater Treatment Plant Operator and a Lab Analyst certificate issued by the State Water Resources Control Board (SWRCB). Possession of or ability to obtain within three (3) years of employment, a Grade III Water Distribution Operator Certificate issued by the California Department of Public Health (CDPH).
Possession of, or ability to obtain within two (2) years of employment a valid Grade II Water Treatment Operator Certificate issued by the CDPH; possession of, or ability to obtain within three (3) years of employment, a valid Grade III Water Treatment Operator Certificate issued by the CDPH.
Proposed
Certification
and License
Requirements
Possession of a valid Class B California driver’s license with appropriate endorsements.
Possession of, at time of appointment:
Group A – a Grade III Wastewater Treatment Plant Operator issued by the State Water Resources Control Board (SWRCB); or
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The recommended updates to the Utilities Manager and Facilities Manager job specification will not lower the requirements for the positions, but rather allow more flexibility with hiring in the future, as well as reflect updated requirements for the positions and City processes.
Council Agenda 6-21-2022 12.C-2
Group B – a Grade III Water Distribution Operator Certificate and Grade II Water Treatment Operator Certificate SWRCB.
If not in possession of all certifications listed in Group A and Group B above, ability to obtain Group A or Group B certifications within one and one half (1½) years of employment.
Current
Education and
Experience
Requirement
Graduation from an accredited four-year college or university preferred, with major coursework in construction technology or management, business or public administration, civil engineering, or a related field, and five (5) years of experience in civil engineering, municipal public works maintenance, water or wastewater operations or related field, including two (2) years management and/or supervisory experience, five (5) years preferred.
Proposed
Education and
Experience
Requirement
Equivalent to the completion of the twelfth (12th) grade supplemented by college-level coursework or specialized training in public works construction and maintenance or a related field, and five (5) years of increasingly responsible experience in public works maintenance, construction, and repair work, water or wastewater operations or related field, including two (2) years management and/or supervisory experience, five (5)5) rs preferred.
FACILITIES MANAGER
Current
Certification
and License
Requirements
Possession and maintenance of a valid California class B driver's license with the appropriate endorsements.
Possession of Class B (Landscape Maintenance) and Class C (Right of Way) Qualified Applicator Certifications issued by the State of California Department of Food and Agriculture for pest and weed control.
Proposed
Certification
and License
Requirements
Possession of a valid Class B California driver’s license with appropriate endorsements.
Possession of or ability to obtain within 1 year both a Class B (Landscape Maintenance) and Class C (Right of Way) Qualified Applicator Certifications issued by the State of California Department of Food and Agriculture for pest and weed control.
Current
Education and
Experience
Requirement
Equivalent to the completion of the twelfth (12th) grade supplemented by college- level coursework or specialized training in public works construction and maintenance or a related field, and five (5) years of increasingly responsible experience in public works maintenance, construction, and repair work.
Proposed
Education and
Experience
Requirement
Equivalent to the completion of the twelfth (12th) grade supplemented by college- level coursework or specialized training in public works construction and maintenance or a related field, and five (5) years of increasingly responsible experience in public works maintenance, construction, and repair work, including two (2) years management and/or supervisory experience, five (5) years preferred.
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New Classifications
Pismo Beach has seen significant growth in development and capital improvement projects over the past 10 years. Major projects have included construction of two hotels in the downtown, refurbishment of the Pier, reconstruction of the Pier Plaza and Promenade, and the Shell Beach Streetscape. The City continues to flourish, making Pismo Beach an ultimate tourist destination. For the City to continue the forecasted trajectory of current and projected priorities, staff is recommending the addition of five full- time positions be added into the budget, four of which require the creation of new classifications. The addition of these positions will help meet goals established by the City Council, to meet and exceed community needs.
Below are the proposed positions staff is recommending:
Code Enforcement Officer:
o New classification to full-time classification plan. Currently filled as a part- time position; upgrade position to full-time through internal recruitment. o Recommended non-exempt classification.
o Provide continuity for the community, providing consistent and timely service for the resolution of cases.
o Dedicated focus and service that is consistent with Council’s direction for the program.
o Retention for the position and invaluable institutional knowledge for program reliability, proper education, and enforcement for the community. o Alleviate current full-time Community Development staff who are required to help due to part-time hour limitations.
Recreation Coordinator:
o New classification to full-time classification plan. Currently filled as a part- time position; upgrade position to full-time through internal recruitment. o Recommended non-exempt classification.
o Creates the ability to take on additional tasks from Recreation Manager and implement new initiatives.
o Provides full administrative responsibilities for the Parks, Recreation and Beautification Commission.
o Aid with the oversight of community events, part-time staff, and implementation of neighborhood events and community programs. o Build institutional knowledge and succession planning. Parking Enforcement Technician:
o New classification to full-time classification plan. Ability to fill internally among current Parking staff.
o Recommended non-exempt classification.
o Primary technician for routine maintenance and servicing of parking meters due to no local contract companies.
o Maintain consistent operations with the current and planned expansion of the parking program.
o Provide for staffing reliability and succession planning.
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o Relieve some day-to-day duties from Parking Supervisor, allowing focus on larger City initiatives.
Information Technology Technician:
o New classification to full-time classification plan. Would require an open recruitment to fill.
o Recommend non-exempt classification.
o Provide Council and staff access to IT help 5 days per week. o Reduce contract costs associated with IT Help Desk Support and limited in- person help.
o Aid in the implementation of new technology programs and initiatives. o Provide additional support to Police staff to ensure safe and effective operations are maintained 24/7.
Police Officer (Additional Budgeted Position)
o No change to classification; new budget request.
o Open recruitment for lateral hire.
o Focus on downtown core operations and quality of life for community, businesses, and visitors.
o Liaison for the business community downtown.
o Maintain a 4/10 schedule to allow for maximum presence and resource for community.
As the City continues focusing on Next-Level Service delivery to provide to the community, staff recommend adding these five full-time positions, which will cover many of the priorities that the City Council has directed to bring value to the City.
City staff has met and conferred with the appropriate Labor groups to review the proposed job classifications.
Recommendation
Staff recommends City Council adopt a Resolution (Attachment 1), amending the City’s classification plan to add four new classifications and update two existing classifications, and appropriate funds to cover ongoing costs for five additional full-time positions.
FISCAL IMPACT:
The fiscal impact of the attached Resolution is a net additional cost (compared to the FY 2023 Budget) of $504,179 in FY 2023 across the various funds listed below. Although staff anticipates ongoing cost savings in reduced IT service contract costs and less overtime costs, these cost savings depend on the timing of filling these positions, the qualifications and experience of each position, and how much training is required. In order to maintain the same level of service to the public, staff anticipates coming back to Council to implement budget reductions for these anticipated cost savings once those factors are determined.
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Staff recommends that Council appropriate an additional $606,244 in salaries and benefits in the various funds and accounts listed below in FY 2023. Staff also recommends that Council appropriate the IT allocation revenue budget of $102,065 in the Technology Services Fund. Note that the Technology Services Fund is supported by allocations to other funds and these costs are identified as IT Allocation so that the net fiscal impact to the Technology Services Fund is $0. The following table illustrates the additional salaries, benefits, and training/office supplies costs by fund and fiscal year.
Based on preliminary projections, City staff projects sufficient net operating surplus (projected revenues less operating expenditures) during this period to support these ongoing costs across the various funds.
ALTERNATIVES:
1. Provide staff with other direction.
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: Updated Utilities Manager Job Description
1.B. Exhibit B to Resolution: Updated Facilities Manager Job Description Fund Type FY 2023 Amount
General Fund Salary 185,812$
Benefits 131,712
IT Allocation 91,859
General Fund Total 409,383
LBID Fund IT Allocation 1,021
LBID Fund Total 1,021
Parking Enterprise Fund Salary 48,734
Benefits 35,854
IT Allocation 1,021
Parking Enterprise Fund Total 85,609
Technology Services Fund Salary 65,499
Benefits 36,565
IT Allocation (102,065)
Technology Services Fund Total (0)
Wastewater Enterprise Fund IT Allocation 4,083
Wastewater Enterprise Fund Total 4,083
Water Enterprise Fund IT Allocation 4,083
Water Enterprise Fund Total 4,083
All Funds Total 504,179$
Expenditures 606,244
Revenues 102,065
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1.C. Exhibit C to Resolution: Code Enforcement Officer Job Description
1.D. Exhibit D to Resolution: Recreation Coordinator Job Description
1.E. Exhibit E to Resolution: Parking Enforcement Technician Job Description
1.F. Exhibit F to Resolution: Information Technology Technician Job Description Prepared by: Meeting Date: June 21, 2022
Bianka Buchanan, Management Analyst
Submitted by: Jorge Garcia, Assistant City Manager
City Manager Approval:
Council Agenda 6-21-2022 12.C-6
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RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING THE CITY’S CLASSIFICATION PLAN TO INCLUDE FOUR
NEW FULL-TIME JOB CLASSIFICATIONS, UPDATING EXISTING
CLASSIFICATIONS FOR UTILITIES MANAGER AND FACILITIES MANAGER, AND
APPROPRIATING FUNDS TO COVER ONGOING COSTS FOR FIVE FULL-TIME POSITIONS EFFECTIVE JUNE 21, 2022
WHEREAS, the City of Pismo Beach seeks to provide the highest quality of service to its residents, visitors, and staff through Next-Level Service, and seeks opportunities to evaluate best practices for job specifications to ensure the positions are reflective of current and future needs; and
WHEREAS, approval of an updated job description for Utilities Manager (Exhibit A), and Facilities Manager (Exhibit B) will adjust the requirements to be in-line with current processes and updated regulations; and
WHEREAS, amending the City’s classification plan to include the four new positions of Code Enforcement Officer, Recreation Coordinator, Parking Enforcement Technician, and Information Technology Technician (Exhibits C–F) will help meet goals established by the City Council; and
WHEREAS, with the addition of the four new positions, and an additionally budgeted police officer position, the extra staffing will aid in covering many of the priorities the City Council has directed that will bring great value to the City; and WHEREAS, City staff has met and conferred with the appropriate Labor groups to review the proposed job classifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach hereby approves and adopts the amended classifications for Utilities Manager (Exhibit A)and Facilities Manager (Exhibit B), and four new job classifications, set forth as Exhibits C–F to this resolution, and by doing so amends the City’s classification plan.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $606,244 in expenditures across the various funds listed below and appropriates $102,065 of revenues in the Technology Services Fund IT Service Charges account in FY 2023, including appropriating related budget adjustments between funds.
Attachment 1
Council Agenda 6-21-2022 12.C-7
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UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Fund Type FY 2023 Amount
General Fund Salary 185,812$
Benefits 131,712
IT Allocation 91,859
General Fund Total 409,383
LBID Fund IT Allocation 1,021
LBID Fund Total 1,021
Parking Enterprise Fund Salary 48,734
Benefits 35,854
IT Allocation 1,021
Parking Enterprise Fund Total 85,609
Technology Services Fund Salary 65,499
Benefits 36,565
IT Allocation (102,065)
Technology Services Fund Total (0)
Wastewater Enterprise Fund IT Allocation 4,083
Wastewater Enterprise Fund Total 4,083
Water Enterprise Fund IT Allocation 4,083
Water Enterprise Fund Total 4,083
All Funds Total 504,179$
Expenditures 606,244
Revenues 102,065
Attachment 1
Council Agenda 6-21-2022 12.C-8
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FLSA: EXEMPT
UTILITIES MANAGER
DEFINITION
Under general direction, plans, organizes, oversees, coordinates, and reviews the work of staff performing difficult and complex professional, technical, and administrative support related to all programs and activities of the City’s Public Works operations, including assisting with long- and short-term project planning, overseeing the design, construction, maintenance, and operations of a wide variety of publi c works infrastructure construction, maintenance, repair, and other programs; coordinates assigned activities with other City departments and outside agencies; provides complex and responsible support to the Director of Public Works/City Engineer; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Director of Public Works/City Engineer. Exercises general direction and supervision over supervisory, professional, technical, and administrative supp ort staff through subordinate levels of supervision.
CLASS CHARACTERISTICS
This is a management classification that manages the City’s Public Works maintenance and operations divisions, that may include streets, parks, facilities, wastewater treatment and collection systems, and water distribution systems. Responsibilities include performing diverse, specialized, and complex work involving significant accountability and decision-making responsibility. The incumbents organize and oversee day- to-day activities and operations of the assigned functional areas, including participating in short- and long- term capital improvement planning, and development and administration of Federal, State, and local funds for capital improvements, expansions, and various other projects and studies. Incumbents will function as back-ups for supervision of operations and staff for Utilities and Public Facility Manager positions during a temporary vacancy of the regularly assigned manager. Successful performance of the work requires an extensive professional background as well as skill in coordinating work with that of other City departments and public agencies. This class is distinguished from Director of Public Works/City Engineer in that the latter has overall responsibility for all capital improvement project development, operations, and maintenance functions for the City’s Public Works Department and for developing, implementing, and interpreting public policy.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
➢Plans, manages, and oversees the daily functions, operations, and activities of several public works functional areas, including streets, parks, facilities, sidewalks, storm water and drainage systems, wastewater treatment and collection systems, water distribution systems, pier and beach, and fleet maintenance and operations; plans, organizes, and oversees contract development and execution.
Attachment 1A
Council Agenda 6-21-2022 12.C-9
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Utilities Manager