Pismo Beach City Council
November 1, 2022

AGENDA
Pismo Beach City Council
Tuesday, November 1, 2022
Time Meeting Type Physical Location Virtual Participation Option 5:00 p.m. Closed Session Admin Conference Room, City Hall None 5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual participation is offered via Zoom.
2 Broadcast meeting also available, for viewing only, on cable Channel 20 and online at pismobeach.org/agenda.

0. HYBRID MEETING INSTRUCTIONS:

To continue conducting the people’s business within San Luis Obispo County, State of California, and CDC health and safety guidelines, meetings are being conducted in a hybrid format with both in-person and virtual public participation. Ways to watch this meeting and submit public comment are provided below.

Watch and participate in person:
Regular Meeting: Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. To make Regular Meeting public comment, please submit an optional blue “speaker slip” to staff; the Mayor will ask you to approach the lectern to speak during the public comment period on your item of interest. To make Closed Session public comment, please be present in the Chamber at the start of Closed Session; the Mayor will call for public comment prior to commencing the closed proceedings.

Watch and participate via Zoom:
Regular Meeting only: 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 Regular Meeting 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 only: Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted.
To make Regular Meeting 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 only: 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. A recording of the meeting will be available on demand shortly after the meeting ends.

Watch on Channel 20:
Regular Meeting only: 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:
Regular Meeting and Closed Session: 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. During the Regular Meeting no later than the start of the comment period for your item of interest, written comment may be hand-delivered to staff in the Council Chamber. Emails submitted after the start of the meeting may not be fully considered prior to any action taken on the item.

Submit voicemail comment:
Regular Meeting and Closed Session: Call 805-773-7005 and leave a voicemail before the meeting.

Voicemails submitted after the start of the meeting may not be fully considered prior to any action taken on the item. This automated voicemail line 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. Phone numbers of voicemail commenters may be visible in the public record along with transcripts.

Please contact City Clerk Erica Inderlied at [email protected] with questions.

Council Agenda 11-1-2022

Pismo Beach City Council Agenda November 1, 2022

Special Closed Session—5:00 p.m.

Administration Conference Room, City Hall, 760 Mattie Road, Pismo Beach, CA 93449

CALL TO ORDER: Mayor Waage

1. ROLL CALL:

Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Blake, Guthrie, Newton

2. PUBLIC COMMENT PERIOD

At this time, members of the public may comment on any item appearing on the agenda.

Please adhere to the following procedures when addressing the Council:
• Please limit your comments to 3 minutes or less.
• Unduly disruptive behavior will not be permitted.

Documents submitted to the Council become public record unless otherwise exempt from disclosure.

3. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)

Item 3.A: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Case Name Unspecified: Disclosure would jeopardize existing settlement negotiations

Item 3.B: Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code §54956.9: One potential case

4. CLOSED SESSION REPORT

If a regular meeting follows this Closed Session, the Closed Session Report will be made during the regular meeting.

5. ADJOURNMENT

Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, November 1, 2022 Council Chamber, City Hall

Council Agenda 11-1-2022

Pismo Beach City Council Agenda November 1, 2022

Regular Meeting—5:30 p.m.

Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449

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 - No action to be taken

7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT - No action to be taken

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)

Council Agenda 11-1-2022

Pismo Beach City Council Agenda November 1, 2022

9. CONSENT CALENDAR

All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration. Public comment on Consent Calendar items will be invited prior to action on the Calendar.

Item 9.A: Adoption of Meeting Minutes (Inderlied)

Recommendation:

Adopt Minutes of the October 18, 2022 and Regular Meeting.

Item 9.B: Payroll Register and Register of Demands (Feeser)

Recommendation:

1. Approve the Summary of Payroll Register for October 9, 2022;

2. Approve the Register of Demands for October 7, 2022 and October 14, 2022.

Item 9.C: Purchase of Eight Parking Pay Stations from IPS Group (Smith)

Recommendation:

Adopt a Resolution authorizing the purchase of eight replacement parking pay stations from IPS Group in the amount of $68,915.37 in Fiscal Year 2023.

Item 9.D: Purchase of Ten Mobile License Plate Recognition Cameras from Vigilant Solutions (Smith)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into an agreement with Vigilant Solutions for the purchase of ten Mobile License Plate Recognition Cameras for a total cost of $119,943.75 over a five-year period.

Item 9.E: Contract with San Luis Obispo County for Animal Care and Control Services for Fiscal Years 2023–2025 (Smith)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute a three-year contract with the County of San Luis Obispo for Animal Care and Control Services from July 1, 2022 to June 30, 2025.

Item 9.F: New Water Conservation Incentive Programs (Fine)

Recommendation:

Adopt a Resolution establishing the Hot Water Recirculation Pump Rebate, Washing Machine Rebate, Rain Barrel Rebate, and Smart Irrigation Controller Rebate programs.

Council Agenda 11-1-2022

Pismo Beach City Council Agenda November 1, 2022

Item 9.G: Contract with Alexander’s Contract Services, Inc. to Provide Water Meter Reading Services (Feeser)
Recommendation:

Adopt a Resolution authorizing the City Manager to enter into an agreement with Alexander’s Contract Services, Inc. to provide water meter reading services from December 1, 2022 to November 30, 2027.

Item 9.H: Adoption of Findings Relating to AB 361 (Virtual Meetings) (Inderlied) Recommendation:

Adopt the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:

1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.

2. The following circumstances exist:
The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.

10. ITEMS PULLED FROM CONSENT CALENDAR

11. PUBLIC HEARINGS - No earlier than 6:00 p.m.

None.

12. BUSINESS ITEMS - May be reordered and heard prior to Public Hearings Item 12.A: 2022 Paving Project Update (Fine)
Recommendation:

No action required; information only
Item 12.B: Façade Improvement Rebate Program (Downing)
Recommendation:

Receive a report on the City’s existing Façade Improvement Rebate Program and provide direction to staff on how to publicize the program, and whether modifications are desired.

Item 12.C: Residential Sidewalk Development Policy (Fine) Recommendation:

Provide staff with direction on potential modifications to the current residential sidewalk development policy.

Council Agenda 11-1-2022

Pismo Beach City Council Agenda November 1, 2022

Item 12.D: Introduction (First Reading) of an Ordinance that Adopts by Reference and Amends the Latest Editions of the Constituent Codes of the California Building Standards Code, Makes Findings of Fact to Support the Amendments, and Makes a Determination of Exemption Under the California Environmental Quality Act (Downing)
Recommendation:

1. Introduce an Ordinance amending Titles 8 and 15, Chapters 8.04, 8.08,

15.04, and 15.08 of the Pismo Beach Municipal Code; adopting by reference codes comprising the 2022 California Building Standards Code (California Code of Regulations, Title 24, Parts 1-12), including the California Fire Code (2022 Edition, incorporating and amending the 2021 International Fire Code); the California Building Code Volumes 1 and 2 (2022 Edition, incorporating and amending the 2021 International Building Code), the California Residential Code (2022 Edition, incorporating and amending the 2021 International Residential Code), the California Electrical Code (2022 Edition, incorporating and amending the 2020 National Electrical Code), the California Mechanical Code (2022 Edition, incorporating and amending the 2021 Uniform Mechanical Code, the California Plumbing Code (2022 Edition, incorporating and amending the 2021 Uniform Plumbing Code), the California Energy Code (2022 Edition), the California Historical Building Code (2022 Edition), the California Green Building Standards Code (2022 Edition), and the 2021 International Property Maintenance Code together with certain amendments thereto; adopting findings of facts to support the imposition of requirements other than those of the California Building Standards Code, and making a determination of exemption under CEQA;

2. Schedule a public hearing and second reading (adoption) of the above- referenced Ordinance for November 15, 2022, pursuant to Government Code Section 50022.3.

13. CITY COUNCIL COMMENTS AND REQUESTS - No action to be taken

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
Closed Session 5:00 p.m. Tuesday, November 15, 2022 Admin Conference Room, City Hall Regular Meeting 5:30 p.m. Tuesday, November 15, 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).

Council Agenda 11-1-2022

Pismo Beach City Council Agenda November 1, 2022

AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the November 1, 2022 meeting(s) of the Pismo Beach City Council was posted on October 27, 2022, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.

Erica Inderlied, City Clerk
Meeting Schedule: The City Council of Pismo Beach regularly meets on the first and third Tuesdays of each month at 5:30 p.m., unless otherwise noticed. Closed and Special sessions will be duly noticed as needed.

Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at pismobeach.org/agenda and upon request from the City Clerk’s Office, typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed Sessions and other Special meetings are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.

Related Materials: All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at [email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. 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).

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.A
` SUBJECT/TITLE:

ADOPTION OF MEETING MINUTES
RECOMMENDATION:

Adopt Minutes of the October 18, 2022 Regular Meeting.

BACKGROUND:

Attached for the Council’s consideration are the draft minutes of the subject meetings for review and adoption.

FISCAL IMPACT:

There is no fiscal impact associated with the preparation or adoption of meeting minutes.

ALTERNATIVES:

1. Adopt the minutes with revisions.

2.Decline to adopt the minutes; provide direction or request additional information.

ATTACHMENTS:

1.Draft Minutes for October 18, 2022
Submitted by: Erica Inderlied, City Clerk Meeting Date: November 1, 2022 City Manager Approval:

9.A-1Council Agenda 11-1-2022

DRAFT MINUTES
Pismo Beach City Council
Tuesday, October 18, 2022

Regular Meeting—5:30 p.m.

Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449

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 None
Mayor Pro Tem Mary Ann Reiss
Council Member Sheila Blake
Council Member Marcia Guthrie (via teleconference)
Council Member Scott Newton

Staff Present:

Matt Downing, Community Development Director
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, Assistant City Manager
Dan Herlihy, Police Commander
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Other staff present as noted below

2. PLEDGE OF ALLEGIANCE

Council Member Blake led the Pledge of Allegiance.

3. ACCEPTANCE OF AGENDA

No requests to reorder the agenda.

9.A-2Council Agenda 11-1-2022
Attachment 1
Packet Page 1

4.PRESENTATIONS
Item 4.A: Presentation: Helen Putnam Award for Shell Beach Streetscape (Lewis)
Presented to the City Council by City Manager Lewis.

5.PUBLIC COMMENT PERIOD
Call for public comment: No comment.

6.CITY MANAGER’S REPORT
City Manager Lewis commented on various topics.

7.CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman had nothing to report.

8.COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:

Council Member Newton:

Shell Beach Improvement Group (SBIG).

San Luis Obispo County Integrated Waste Management Authority (IWMA) Board.

Mayor Pro Tem Reiss:

Community Action Partnership San Luis Obispo (CAPSLO) Board.

Mayor Waage:

San Luis Obispo Regional Transit Authority (SLORTA).

San Luis Obispo Local Agency Formation Commission (SLO LAFCO).

9.CONSENT CALENDAR
Call for public comment: No comment.

Action: Adopt Consent Calendar.

Motion: Blake
Second: Newton

9.A-3Council Agenda 11-1-2022
Attachment 1
Packet Page 2

Vote: The motion passed on the following vote (Items 9.A through 9.H):

Ayes: 5 Blake, Newton, Guthrie, Reiss, Waage
Noes: 0

Absent: 0
Abstain: 0
Recused: 0

Item 9.A: Adoption of Meeting Minutes (Inderlied)

Recommendation:

Adopt Minutes of the October 4, 2022 Closed and Regular Meetings.

Item 9.B: Payroll Register and Register of Demands (Feeser)

Recommendation:

1. Approve the Summary of Payroll Register for September 25, 2022;

2. Approve the Register of Demands for September 16, 2022; September 23, 2022; and September30, 2022.

Item 9.C: Monthly Department Activity Reports (All)

Recommendation:

Receive reports as information only.

Item 9.D: Paid Parking Quarterly Update – First Quarter of Fiscal Year 2023 (Downing)

Recommendation:

Receive report; information only.

Item 9.E: Authorization to Bid the North Shell Beach Road Storm Drain Repair Project (Fine)

Recommendation:

Authorize staff to advertise for bids for the North Shell Beach Road Storm Drain Repair Project.

Item 9.F: Authorization to Bid the Toucan Terrace Sewer Trestle Repair Project (Fine)

Recommendation:

Authorize staff to advertise for bids for the Toucan Terrace Sewer Trestle Repair Project.

9.A-4Council Agenda 11-1-2022
Attachment 1
Packet Page 3

Item 9.G: Authorization to Purchase Protective Vehicle Barriers for Special Events (Fine)
Recommendation:

Adopt a Resolution authorizing the sole-source purchase of eight Archer 1200 Anti-Vehicle Barriers from Meridian Rapid Defense Group in the amount of $160,531.49 in FY 2023.

Legislative Record: Resolution R-2022-090 adopted.

Item 9.H: Adoption of Findings Relating To AB 361 (Virtual Meetings) (Inderlied)
Recommendation:

Adopt the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:

1.The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.

2.The following circumstances exist:
•The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.

10.ITEMS PULLED FROM CONSENT
None.

12.BUSINESS ITEMS
This item was reordered.

Item 12.A: Capital Improvement Program Semi-Annual Report (Fine) Recommendation: No action required; information only.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Call for public comment:

Stacy Inman commented.

Action: No action.

9.A-5Council Agenda 11-1-2022
Attachment 1
Packet Page 4

This item was reordered.

Item 12.B: Residential Water Conservation Incentive Programs (Fine)

Recommendation: Provide staff with direction on how to proceed with residential water conservation incentive programs.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
Madeline Kacsinta, Engineering Technician
James R. Lewis, City Manager

Call for public comment: No comment.

Action: Consensus in support of directing staff as follows:

1. Pursue implementation of all programs outlined in staff’s report, including:

• Hot Water Recirculation Pump Rebate
• Washing Machine Rebate
• Rain Barrel Rebate
• Smart Irrigation Controller Program
• Mulch Program

2. Return with an agenda item at the next available meeting allowing the Council to formally establish the programs;

3. Pursue a public information campaign regarding the programs, including postcards that can be mailed or hand-delivered to residents.

In support: 5 Blake, Guthrie, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

9.A-6Council Agenda 11-1-2022
Attachment 1
Packet Page 5

11. PUBLIC HEARINGS

Item 11.A: Review and Ratification of a Coastal Development Permit to Construct a New Single-Family Residence at 171 Naomi Avenue; The Project is Within the Coastal Zone and is Appealable to the Coastal Commission; APN 010-501-005 (Downing)

Council Member Newtown announced a disqualifying conflict of interest relating to real property, and left the dais.

Recommendation:

Adopt a Resolution ratifying the City Council’s April 19, 2022, approval of a Coastal Development Permit (P21-000015) to demolish an existing single- family residence and construct a new 3,648-square-foot single-family residence at 171 Naomi Avenue, and approval of a Negative Declaration.

Presenting staff:

Matt Downing, Community Development Director
James R. Lewis, City Manager

Public Hearing / Call for public comment: No comment.

The following spoke:

Frances Romero, Applicant Representative
Jay Chapel
Darlene Tunney Rosene
Tedd
Joan Suttle
Frances Romero, Applicant Representative

Action: Adopt a Resolution ratifying the City Council’s April 19, 2022, approval of a Coastal Development Permit (P21-000015) to demolish an existing single-family residence and construct a new 3,648-square-foot single-family residence at 171 Naomi Avenue, and approval of a Negative Declaration.

Motion: Reiss
Second: Guthrie

Vote: The motion passed on the following vote:

Ayes: 3 Reiss, Guthrie, Waage
Noes: 1 Blake

Absent: 0
Abstain: 0
Recused: 1 Newton

Legislative Record: Resolution R-2022-091 adopted.

9.A-7Council Agenda 11-1-2022
Attachment 1
Packet Page 6

12. BUSINESS ITEMS

This item was reordered.

Item 12.A: Capital Improvement Program Semi-Annual Report (Fine)

This item was reordered.

Item 12.B: Residential Water Conservation Incentive Programs (Fine)

13. CITY COUNCIL COMMENTS AND REQUESTS

None.

14. ADJOURNMENT

At 6:46 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

9.A-8Council Agenda 11-1-2022
Attachment 1
Packet Page 7

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.B
SUBJECT/TITLE:

PAYROLL REGISTER AND REGISTER OF DEMANDS
RECOMMENDATION:

1. Approve the Summary of Payroll Register for October 9, 2022.

2. Approve the Register of Demands for October 7, 2022 and October 14, 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. Registers of Demands
Submitted by: Meeting Date: November 1, 2022
Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

9.B-1Council Agenda 11-1-2022
Packet Page 8

FOR PERIOD ENDING 10/09/22
CHECKS DATED 10/14/22
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 556901 ‐ 556905 5
ACH 124

EARNINGS
REGULAR 356,397.67
HOLIDAY 4,537.53
OVERTIME (Includes Comp Time Payouts)12,775.46
Administration 617.62
Building ‐
Conference & Visitors Bureau ‐
Police Department 9,901.98
Parking ‐
Engineering ‐
Fire ‐
Recreation ‐
Public Works ‐
Water 1,157.23
Wastewater 1,098.63
Motor Vehicles
Subtotal‐Overtime 12,775.46$
SALARY ADJUSTMENTS ‐
TRAINING / UNIFORM ALLOWANCE 216.75
OTHER EARNINGS 16,779.73
$390,707.14
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 39,323.88
FICA & MEDICARE 27,865.79
STATE INCOME TAX 14,106.86
STATE DISABILITY INSURANCE 3,801.02
GARNISHMENTS 461.53
HEALTH 1,918.85
SUPPLEMENTAL DISABILITY 1,480.48
SECTION 125 2,218.98
PERS 33,423.96
DEFERRED COMPENSATION 9,753.92
ADDITIONAL LIFE INSURANCE 296.17
UNION DUES 2,474.98
PISMO ATHLETIC CLUB 195.00
OTHER
NET PAYROLL $253,385.72
DIRECT DEPOSIT DEDUCTION 250,657.72
NET PAYROLL AFTER ACH DEPOSIT 2,728.00
SUMMARY PAYROLL REGISTER

9.B-2Council Agenda 11-1-2022
Attachment 1
Packet Page 9

City of Pismo Beach
Final Disbursement List Check Date 10/07/2022

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 12944 Leaf 10/07/2022 91.06$ Monthly Copier Lease Sept 2022 PD 123771 13462 4imprint, Inc. 10/07/2022 4,708.70 Cuz We're Pismo 2022 Employee Gift 123772 14230 805 Sign Design LP 10/07/2022 1,316.26 Signage for City Hall Lobby 123773 11365 American Legal Publishing Corporation 10/07/2022 495.00 Internet Annual Renewal 10/8/2022 - 10/8/2023 123774 11382 Applied Technology Group, Inc. 10/07/2022 1,131.92 Professional Services - SCADA Work 123775 11852 Bill Gaines Audio Inc 10/07/2022 81.56 Generator Rental - Neighborhood Event 10/7/22 123776 11392 Brenntag Pacific Inc. 10/07/2022 1,934.99 Sodium Bisulfite 123777 13591 Ryan Bullock 10/07/2022 185.00 Reimbursement - Collections Systems Maintenance Worker 123778 12610 CalPortland Construction 10/07/2022 134,908.55 Paving Project Billing 2 123779 10085 Cannon Associates 10/07/2022 88,093.81 Ocean Blvd CM - Aug 2022 123780 13305 Robert Cantrell 10/07/2022 2,500.00 Clam Festival Band 123781 14413 Carbon City Lights 10/07/2022 700.00 Clam Festival Band 123782 13531 Central Coast Party Factory LLC 10/07/2022 5,000.00 Kids Zone Inflatables - Clam Festival 2022 123783 11451 Channel Islands Technology Integrators' Grou 10/07/2022 2,584.24 Breakroom Network Switch - Professional IT Services 123784 10426 City Clerk's Association Of CA 10/07/2022 200.00 Membership Dues - E. Inderlied 123785 11231 Coastal Peaks Coffee 10/07/2022 254.00 Coffee Supplies 123786 14202 Crisp Imaging 10/07/2022 106.67 Plan Printing - Eng. 123787 12628 Dell Marketing LP 10/07/2022 20,268.66 Finance & CVB Replacement Laptops 123788 13086 Dependable Fire Protection 10/07/2022 245.19 Fire Extinguisher Service - Station 64 123789 13990 Eagle Energy, Inc. 10/07/2022 4,084.82 Diesel & Unleaded Fuel Deliveries 2022-09-22 123790 14383 Ellison Schneider Harris & Donlan LLP 10/07/2022 1,310.00 Water Counsel Services Aug 2022 123791 14375 Endurant Sports, LLC 10/07/2022 4,880.00 FD Department Rescue Boards 123792 13586 Famcon Pipe & Supply Inc. 10/07/2022 5,567.45 Valve Replacement Supplies - Water 123793 12589 Ferguson Enterprises, Inc. 10/07/2022 1,294.41 Distribution Maintenance 123794 11868 FGL Environmental 10/07/2022 876.00 Water Analysis 123795 13371 GHD Inc. 10/07/2022 1,446.25 Circulation Update - April 2022 123796 13603 Grand Awards - Arroyo Grande 10/07/2022 10.78 Name Plate for S. Rothstein 123797 12144 CLA-VAL Griswold Industries 10/07/2022 3,259.22 CLA-VAL Rebuild 123798 10377 Hdl, Coren & Cone 10/07/2022 695.00 2021-22 ACFR Statistical Package 123799 14246 Hunter Smith Architecture 10/07/2022 4,500.00 City Hall/ Corp Yard Remodel Project CM Aug 2022 123800 12277 Independent Electric Supply Inc 10/07/2022 348.00 Shell Beach Fire Station - LED Flood Light 123801 13304 Michael Jimenez 10/07/2022 1,000.00 Clam Festival Band 123802 14419 Catherine Lemoine 10/07/2022 360.00 Instructor: Art Acrylic Painting 9/22/22 #10997 123803 12019 James Lewis 10/07/2022 1,795.82 Reimbursement - ICMA & Cal Cities Conf Hotel 9/6-9/9/22 123804 14388 Megan Martin 10/07/2022 497.50 M&IE: 2022 APA Conference 10/1/22 - 10/4/22 123805 12279 McMaster Carr 10/07/2022 1,569.51 Maintenance Supplies 123806 13645 MDN Engineering, LLP 10/07/2022 1,375.00 Bello Bridge Habitat Mitigation Aug 2022 123807 10097 Miners Hardware 10/07/2022 1,949.09 Maintenance Supplies 123808 13964 MNS Engineers, Inc. 10/07/2022 570.70 Bello Bridge CM - Aug 2022 123809 14044 Mobile Wireless, LLC 10/07/2022 3,463.40 NetMotion VPN Subscriptions 123810 14421 Rachel Nichols 10/07/2022 100.00 Refund - Volleyball Camp Cancelled #10986 123811 14441 Noach Tangeras 10/07/2022 600.00 Clam Festival Band 123812 14343 ODP Business Solutions, LLC 10/07/2022 162.83 Office Supplies 123813 13197 Olin Corporation 10/07/2022 9,316.49 Supply of Sodium Hypochlorite 123814 13279 Pacific Central Coast Health Centers 10/07/2022 866.18 Pre-employment Physicals 123815 14439 Amy Paul 10/07/2022 100.80 Instructor: Git LIIT Class Sept 2022 #11022 123816 11202 Pavement Engineering, Inc. 10/07/2022 54,281.75 Paving Project ESDC - Aug 2022 123817 12316 PG&E CFM/PPP Department 10/07/2022 2,500.00 New Service Application - Ventana Tennis Courts 123818 12218 R. Baker Inc. 10/07/2022 2,208.73 Shore Cliff Manhole Replacement 123819 12348 Rayne Water Conditioning 10/07/2022 109.90 Soft Water - Station 63 & 64 Oct 2022 123820 12174 Rotary Club Of Pismo Beach 10/07/2022 203.41 Rotary Club Membership Dues-August 2022 123821 14355 Safety 1st Seminars 10/07/2022 900.00 Instructor: Babysitting Course 9/24/22 #10984 123822 14338 Robert Santa Cruz 10/07/2022 500.00 Neighborhood Event Band 10/07/22 - Rec 123823 12108 Santa Maria Tire, Inc. 10/07/2022 1,197.29 Vehicle Maintenance 123824 14190 Santa Ynez Valley Elite Event Party Rentals 10/07/2022 2,388.88 Clam Festival Rentals 2022 123825 12570 SLO Roasted Coffee 10/07/2022 37.00 Coffee Supplies 123826 10711 Robert Stock 10/07/2022 800.00 DJ - Pumpkins in the Park Event 10/29/22 123827 11549 Tech Time Communications 10/07/2022 336.00 Quarterly Alarm Monitoring - Station 63 3rd & 4th Qtr 2022 123828 14440 The Top Shop 10/07/2022 1,424.99 T-Shirts for Clam Festival 123829 12461 TJA Advertising 10/07/2022 63,369.09 CVB & LBID Advertising and Promotion Aug 2022 123830 12651 Chris Trimble 10/07/2022 319.00 M&IE for Trimble at IACP 10/14-10/18 Dallas- TX 123831 10843 Troesh Recycling Inc 10/07/2022 82.48 Concrete 123832 12982 Ultrex Business Products 10/07/2022 204.42 PD Fax Machine Usage Sept 2022 123833 12622 USA Bluebook Acct: 82507 10/07/2022 517.00 WW Lab Supplies 123834 14115 Vanir Construction Mgmt, Inc. 10/07/2022 8,559.00 Safety Facility CM August 2022 123835 10692 Ed Waage 10/07/2022 10.05 Meal Reimbursement - Cal Cities Conf 9/7/22

9.B-3Council Agenda 11-1-2022
Attachment 2
Packet Page 10

City of Pismo Beach
Final Disbursement List Check Date 10/07/2022

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
123836 10381 Walker Consultants 10/07/2022 6,237.50 PMP Update - June & July 2022 123837 12527 Water Systems Consulting Inc 10/07/2022 312,306.35 CCB Final Design- Permitting - Aug 2022 123838 13377 Willdan Financial Services 10/07/2022 585.00 CAP/User Fee Prof Svcs thru Aug 2022 123839 13490 WIP, Inc.-PBR Enterprises 10/07/2022 81,858.23 Equipment Deposit for Chamber Automated Equipment Proje Total 857,740.93

9.B-4Council Agenda 11-1-2022
Attachment 2
Packet Page 11

City of Pismo Beach
Final Disbursement List Check Date 10/14/2022

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 11224 Richards, Watson, Gershon Attorneys At Law 10/14/2022 8,112.50$ Legal Services August 2022 123840 11195 Air Pollution Control District-SLO County 10/14/2022 7,895.81 APCD Permit Renewal Fees 123841 12275 Airgas West Inc 10/14/2022 198.73 Cylinder Rental - Sept 2022 123842 11365 American Legal Publishing Corporation 10/14/2022 83.14 September 2022 Editing 123843 11382 Applied Technology Group, Inc. 10/14/2022 176,558.66 Installation of City Simulcast Radio System 8/29-9/16/2022 123844 13278 AT&T 9391059148 10/14/2022 1,702.40 Phone Bill - 09/10/22 - 10/09/22 123845 14363 AT&T Mobility 287314925891 10/14/2022 80.48 iPad service for July 2022 123846 12805 Fred C. Atwood 10/14/2022 16.25 Senior Dance Band Member 10/3/2022 123847 UB*00940 BDC DEVELOPMENT CORP. 10/14/2022 189.28 Refund Check 018518-000, 1602 COSTA BRAVA 123848 12841 Robert Brenman 10/14/2022 16.25 Senior Dance Band Member 10/3/2022 123849 10269 Carquest Auto Parts 10/14/2022 247.66 Equipment Maintenance 123850 11451 Channel Islands Technology Integrators' Group 10/14/2022 669.51 Professional IT Services 123851 13842 ClientFirst Consulting Group, LLC 10/14/2022 5,261.25 IT Strategic- Assessment- Disaster Recovery Plan Aug 2022 123852 11227 Cole Chrysler Dodge 10/14/2022 2,787.66 Vehicle Maintenance 123853 14146 Pamela Ann Coslick 10/14/2022 56.00 Instructor: Tae Kwon Do Sept 2022 #11017 123854 14313 Culligan/Santa Maria 10/14/2022 352.68 Drinking Water Sept 2022 -WasteWater 123855 UB*00944 BONNIE ELLIS (T) 10/14/2022 77.89 Refund Check 017946-000, 1309 COSTA BRAVA 123856 10191 Nadia Feeser 10/14/2022 265.25 M&IE/Mileage: CSMFO Strategic Planning Session 10/2-10/3/22 123857 12589 Ferguson Enterprises, Inc. 10/14/2022 122.84 WWTP Supplies 123858 11917 First American Title 10/14/2022 1,000.00 Title Report - Toucan Terrace 123859 UB*00941 ROBERT GARCIA (T) 10/14/2022 25.58 Refund Check 007507-000, 104 FRANCES 123860 UB*00942 RUTH GONZALES (T) 10/14/2022 7.67 Refund Check 007832-000, 860 TAFT 123861 12554 Gov Connection, Inc. 10/14/2022 819.00 Adobe Pro (5) & Photoshop (1) licenses 123862 10398 Liliana Graham 10/14/2022 536.00 Instructor: Ballroom Dance Sept 22#11004 123863 12952 GSI Water Solutions Inc 10/14/2022 3,785.34 NCMA Annual Report - August 2022 123864 10363 Hall Hieatt Connely & Bowen LLP 10/14/2022 1,950.00 Legal Fees Sept 2022 So Cal Gas vs Pismo 123865 10970 International Code Council 10/14/2022 71.12 Building Code Book Supplies 123866 11317 Interstate Batteries 10/14/2022 73.76 Battery - City Hall Generator 123867 12255 Iron Mountain Information Mgmt, Inc 10/14/2022 201.87 Shredding Services - 08/24/22 - 09/27/22 123868 13808 Kelly-Moore Paint Company, Inc. 10/14/2022 416.03 Water Dept Paint Supplies 123869 12019 James Lewis 10/14/2022 520.50 M&IE/Mileage: CCMF Board Meeting 10/20/22-10/21/22 123870 UB*00943 ROBIN & LESLEY MARR (T) 10/14/2022 318.68 Refund Check 018837-000, 137 CUYAMA 123871 14245 Mary McGrath Architects 10/14/2022 12,650.00 Public Safety Facility - Aug 2022 123872 14405 Mission Linen Supply 10/14/2022 482.60 Uniforms - WasteWater Sept 2022 123873 14343 ODP Business Solutions, LLC 10/14/2022 238.37 Office Supplies 123874 12315 Pacific Gas & Electric Company 10/14/2022 453.05 Electricity 09/06/22 - 10/04/22 123875 13898 Quadient, Inc. 10/14/2022 3,039.00 Postage Meter Refill Aug/Sept 2022 123876 13796 ReadyRefresh by Nestle 10/14/2022 278.89 Drinking Water Sept 2022 -WasteWater 123877 14306 Gary Rossi 10/14/2022 16.25 Senior Dance Band Member 10/3/2022 123878 10532 SLO County Sheriff-Coroner 10/14/2022 230.00 Lab Services 5/14/22 - 6/23/22 123879 12806 Donald G. Stever 10/14/2022 16.25 Senior Dance Band Member 10/3/2022 123880 14299 Natalia Stilleson 10/14/2022 18.00 Translation Services - Rec 123881 13530 TCA Tools Inc 10/14/2022 374.86 WT171 Tools and Supplies 123882 10549 The Radar Shop 10/14/2022 500.00 Recertification of Radar Units 123883 12991 TransUnion Risk and Alternative 10/14/2022 150.00 Investigative Services- 9/1/22 - 9/30/22 123884 13392 Urban Planning Concepts 10/14/2022 15,336.25 In-house Planning Services July/Aug 2022 123885 12527 Water Systems Consulting Inc 10/14/2022 1,801.50 NCMA Staff Extension July/Aug 2022 123886 13490 WIP, Inc.-PBR Enterprises 10/14/2022 2,070.00 Council TV Repair Total 252,074.81

9.B-5Council Agenda 11-1-2022
Attachment 2
Packet Page 12

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.C
SUBJECT/TITLE:

PURCHASE OF EIGHT PARKING PAY STATIONS FROM IPS GROUP
RECOMMENDATION:

Adopt a Resolution authorizing the purchase of eight replacement parking pay stations from IPS Group in the amount of $68,915.37 in Fiscal Year 2023.

BACKGROUND:

The Fiscal Year (FY) 2023 Parking Enterprise Fund budget includes $69,999.62 to purchase eight parking pay stations, replacing the old parking pay stations throughout downtown.

These pay stations are essential equipment needed for the public to pay for parking in the city. The existing pay stations are in poor condition due to age, harsh coastal weather, and repeated usage over the years. The existing pay stations also have out-of-date technology which only accepts limited payment options.

The City purchased its current parking meters and parking pay stations from IPS Group, which is offering new parking pay stations as upgrades to the City’s existing pay stations.

Staff has determined that the new IPS Group pay stations (Model MS-03 Multi-Space Pay Station) provide a more customer-friendly interface due to a larger, high-resolution color display touchscreen with clear instructions, anti-glare screen, and pay-by-cell integration, smart card, and contactless payment options. In addition, the new model would allow the City to take advantage of complex rate scheduling functionality, allowing for dynamic pricing options to be programmed remotely in real time. These parking pay stations are built to withstand the harsh elements of the coastal weather with an upgraded modular, stainless steel design with rust/weather/graffiti proofing powder coating.

Figures 1 and 2 below show the proposed MS-03 Pay Station model, and a close-up of the model’s high-resolution color display touch screen, respectively. A brochure for the proposed parking pay station is also provided as Attachment 2.

9.C-1Council Agenda 11-1-2022
Packet Page 13

Figures 1 and 2. Proposed Replacement Parking Pay Station Model

Because the proposed new pay stations are an upgrade, they will be easily installed on the same platform and operate under the same technology. There will be little-to-no infrastructure cost to install these upgraded machines, and no new technology fees due to the City’s existing contract arrangement with IPS Group. As such, the purchase is being recommended as a “sole source” purchase since a product compatible with the City’s existing equipment is available from only one vendor, with whom the City has a current relationship. The IPS Group quote for replacement parking pay stations is provided as Attachment 1.A.

Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) authorizing the purchase of eight replacement parking pay stations from IPS Group in the amount of $68,915.37 in FY 2023.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution is an additional cost of $68,915.37 from the Parking Enterprise Fund. The FY 2023 Parking Enterprise Fund budget includes $69,999.62 for parking kiosk and meter replacement funds. The proposed cost of the eight parking pay stations is $68,915.37, leaving a $1,084.25 remaining budget balance.

The following table illustrates the budget, proposed cost, and remaining budget balance.

FY 2023 Parking Enterprise Fund Budget $69,999.62

Eight Parking Pay Stations $59,184.00
On-site Services $3,800.00
Freight $1,344.61
Sales Tax (7.750% on equipment only) $4,586.76
Total $68,915.37
Remaining Budget $1,084.25

9.C-2Council Agenda 11-1-2022
Packet Page 14

ALTERNATIVES:

1. Do not authorize the Resolution; provide staff with direction on how to proceed.

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: IPS Group Parking Pay Station Quote

2. MS-03 Parking Pay Station Brochure
Prepared by: Meeting Date: November 1, 2022
Chris Trimble, Police Commander
Submitted by: Jeff Smith, Chief of Police
City Manager Approval:

9.C-3Council Agenda 11-1-2022
Packet Page 15

RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA AUTHORIZING THE PURCHASE OF EIGHT REPLACEMENT PARKING PAY STATIONS FROM IPS GROUP IN THE AMOUNT OF $68,915.37 IN FISCAL YEAR 2023

WHEREAS, the Fiscal Year (FY) 2023 Parking budget includes $69,999.62 for parking kiosk and meter replacement funds; and

WHEREAS, these pay stations are essential equipment needed for the public to pay for parking, the old pay stations being in poor condition due to age, harsh coastal weather, and extensive usage over the years; and

WHEREAS, the City purchased its current parking meters and parking pay stations from IPS Group, which is offering new parking pay stations as upgrades to the City’s existing pay stations; and

WHEREAS, the proposed new pay stations (Model MS-03 Multi Space Pay Station) provide a more customer-friendly interface, as well as the advantage of new complex rate scheduling functionality; and

WHEREAS, the proposed pay stations are built to withstand the harsh elements of the coastal weather; and

WHEREAS, because IPS group is offering these Parking Pay Stations as upgrades to the City’s existing parking pay stations, this purchase is being recommended as a “sole source” purchase since a product compatible with the City’s existing equipment is available from only one vendor, with whom the City has a current relationship; and

WHEREAS, the cost of the eight pay stations, including tax, freight, and on-site services is $68,915.37.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute an agreement with IPS Group to purchase eight pay stations to replace the existing pay stations in the amount of $68,915.37 in FY 2023 (Exhibit A).

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 18th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

9.C-4Council Agenda 11-1-2022
Attachment 1
Packet Page 16

ABSTAIN:

RECUSED:

Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

9.C-5Council Agenda 11-1-2022
Attachment 1
Packet Page 17

7737 Kenamar Court, San Diego, CA 92121 Date
IPS-2022-100799031
IPS Sales Quote
Quote# Customer Sub-Contractor
10/07/2022 IPS-2022-Pismo Beach None
Bill To
City of Pismo Beach Shipping 1000 Bello Street Pismo Beach, CA 93449 Item
Rep P.O. No.

PS
Description
967-057-3-2 MS3 Version 2.5 Multi-Space Pay Station -Pay by Plate / Pay by Space (US Currency) Contactless-EMV 767-296 MS1/MS3 Standard Mounting Plinth
767-295 MSI/MS3 Standard Mounting Pedestal
767-089 MSI/MS3 Installation Hardware
Installation On-site Services (2 Technician(s) - 2 Days) NIA Card Decals : VISA,MASTERCARD
100799031 CA (613)
Ship To
City of Pismo Beach -Parking Operations 550 Frady Lane Pismo Beach, CA 93449 Terms FOB
Net 30 San Diego
Qty Price
8 $7,398.00
8 $00.00
8 $00.00
8 $00.00
1 $3,800.00
1 $00.00
Contract
Total
$59,184.00
$00.00
$00.00
$00.00
$3,800.00
$00.00

Attachment 1A
Packet Page 18

IPS-2022-100799031
IPS Sales Quote
Bill To
7737 Kenamar Court, San Diego, CA 92121 Date
10/07/2022
Quote# Customer
IPS-2022-Pismo Beach 100799031 CA (613)
Ship To
City of Pismo Beach Shipping 1000 Bello Street City of Pismo Beach -Parking Operations 550 Frady Lane Pismo Beach, CA 93449 Pismo Beach, CA 93449 Rep P.O. No. Terms FOB
PS Net 30 San Diego
Item Description Qty Price
Notes-Freight + FREIGHT CHARGES I $1,344.61 (SHIPPING _FREIGHT_ ECONOMY) Subtotal
Sales Tax (7.750%)
Grand Total
Order Remarks:

TERMS AND CONDITIONS: I. Quote is stated in USD. Shipping and sales tax charges may apply. 2. Orders will not be submitted until a Purchase Order has been issued or a signed copy of the quote is received by IPS Group, Inc. If your company uses a blanket purchase order, please write the number in the 'P.O. No.' box near the top of the quote. 3. A signed copy of this quote must be returned to your sales representative for further processing. Notification will be sent once the order is submitted for processing. 4. This quote expires 90 days after the date it was issued. 5. Additional installation services required will be charged $950/day per technician. 6. Training and Commissioning will be $1000 minimum on a new insta11ation if applicable. 7. if you have any questions. or require further assistance please contact customer support by submitting your questions to the email address below. Phone# Fax# E-mail 858-568-7648 858-408-7839 [email protected] Signature
Sub-Contractor
None
Contract
Total
$1,344.61
$64,328.61
$4,586.76
$68,915.37

Attachment 1A
Packet Page 19

Color display Solar panel
MU
L
T
I
-
S
P
A
C
E
Multi-Space Color Pay Station
The MS3™ Pay Station features a full-color screen with an optional touchscreen.

With the MS3, you can give your patrons the most convenient pay-station available with easy-to-read parking instructions in a vibrant showcase. For your staff, the MS3 ties into the powerful IPS Data Management System, allowing you in-depth analysis of parking data, full financial, administration and technical reporting and remote configuration.

Key Benefits
Flexibility: The MS3 is available in pay-by-space, pay-and-display, and pay-by-plate models. A simple change of the keypad and a firmware update are all that are required.

Robust Hardware Design: Highly secure, stainless steel cabinet is standard with weather and graffiti-resistant powder coating, providing maximum longevity.

Customer-Friendly Interface: 7-inch active matrix, high resolution color LCD display that can provide clear instructions to guide users through the transaction process. Fully customizable and configurable to allow touch screen operation for enhanced customer engagement.

Multiple Payment Options: Flexible payment options include credit/ debit card, coins, Smart Card, pay-by-cell integration, and NFC contactless payment with applications such as Apple Pay® and Google Pay®.

Security: Each unit contains a separate maintenance cabinet and collection vault. The cash box is housed in a secure vault that features a six-point locking system and a high-security electronic lock.

Unparalleled Power Efficiency: Powered by environmentally friendly solar panel and rechargeable combination battery to maximize ongoing power and uptime.

Improved Visibility: Blue LED lighting above the display provides enhanced visibility for motorists, technicians, and collections staff and optional rear LEDs for visual enforcement (pay-by-space).

Dependability: Pay stations communicate wirelessly on the 4G cellular network, ensuring fast and reliable communications while processing secure credit card authorizations, wireless downloads of rates and messages, and transmissions to DMS.

Easy Maintenance: Modularly designed with the technician in mind for easy plug-and-play maintenance.

Future-proof Design: IPS Group’s software interface provides seamless integration with third-party systems, such as enforcement, permitting, and LPR (license plate recognition) to further optimize parking operations.
1 2
Card readerOptional touch screen Intuitive keypad

PHYSICAL FEATURES

9.C-8Council Agenda 11-1-2022
Attachment 2
Packet Page 20

Technical Specifications
Weight: 175 lbs
Dimensions: 12.5” x 12” x 60” (31.75 cm x 30.48 cm x 152.4 cm); MS3™ is compliant with all relevant standards for disabled access.

Power: Solar (standard) or AC
Temperature Range: : -22˚F to 176˚F (-30˚C to 80˚C); Optional heater (AC units only).

Payment Accepted: Credit and debit cards, smart cards, coins, tokens, pay-by-cell, smart payments through apps like Apple Pay® and Google Pay®, and optional bill acceptor.

Cabinet Housing: Uni-body construction. High grade corrosion-resistant stainless steel with weather and graffiti-resistant powder coating.

Locks: Cabinet is protected by a six (6) point secure locking system. The outer vault door locks are protected by anti-drill spin disks. Upper and lower housing require separate keys. The collection vault is 6mm stainless steel with a dual locking system and T-bar. Electronic locks available upon request.

Display: 7-inch active matrix color, touch screen (configurable), and allows for both alpha-numeric or graphical messages. Display is protected by anti-glare coated bonded glass (standard feature).

Printer: High-resolution graphic thermal printer allows for customizable graphics, vouchers, and barcodes, which are programmable from the Data Management System (DMS).

Coin Box: Exchangeable coin box with auto-close feature on removal and “Smart” sensing technology to provide additional security and auditability.

Wireless Ultra-Low Power Integration Ready
Technology
For more information on the fully-integrated solution from IPS Group, please contact us.

Call for an on-site demo: 877.630.6638
Online: ipsgroup.com
©2020 IPS Group, Inc. All rights reserved.

Color Solar Secure

9.C-9Council Agenda 11-1-2022
Attachment 2
Packet Page 21

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.D
SUBJECT/TITLE:

PURCHASE OF TEN MOBILE LICENSE PLATE RECOGNITION CAMERAS FROM

VIGILANT SOLUTIONS
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to enter into an agreement with Vigilant Solutions for the purchase of ten Mobile License Plate Recognition Cameras for a total cost of $119,943.75 over a five-year period.

BACKGROUND:

The City Council has directed staff to research and procure License Plate Recognition (LPR) Camera Technology to be distributed widely throughout the city as a crime prevention tool. This request followed a rash of various crimes where strategically-placed LPR Cameras could have assisted investigators in locating the perpetrators of those crimes. Vigilant Solutions License Plate Recognition is well-established in the field of LPR technology, and offers equipment that is easy-to-install and deploy, powered by solar charged batteries, that will meet the City’s operational needs. If this purchase is authorized by the City Council, the cameras will be affixed throughout the city at strategic locations, using powerful analytics to complete the investigative triangle of person, license plate, and location, critical for law enforcement investigations and crime prevention.

The City of Pismo Beach previously purchased a Vigilant Solutions LPR which was installed as part of a technology package on a parking enforcement vehicle, and successfully implemented. Vigilant Solutions is a worldwide leader in LPR Cameras. The Vigilant Solutions software and the cloud-based storage technology are being installed on City computers and these upgrades are compatible with Vigilant’s Mobile LPR Cameras. There are currently several different companies who offer LPR Cameras, but competing companies are not only more expensive per unit per year, but they also require entirely different software and cloud-based storage to be installed and implemented, adding to the cost. As such, the Vigilant Solutions purchase is being recommended as a “sole source” purchase since a product compatible with the City’s existing equipment is available from only one vendor, with whom the City has a current relationship. The Vigilant Solutions quote is provided as Attachment 1.A.

Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into an agreement with Vigilant Solutions for the purchase of ten license plate reader cameras in the amount of $119,943.75.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution is $25,943.75 in fiscal year (FY) 2023 and $119,943.75 over five years from FY 2023 to FY 2027. The City’s FY 2023 General Fund Police Department budget has sufficient funds to support the first year of Council Agenda 11-1-2022 9.D-1
Packet Page 22

the cost. The remaining 4 years would need to be included in future budgets as an ongoing cost. The following table illustrates the various ongoing and one-time costs.

ALTERNATIVES:

1. Do not authorize the Resolution; provide staff with direction on how to proceed.

ATTACHMENTS:

1. Resolution.

1.A. Exhibit A to Resolution: Vigilant Solutions LPR Quote

2. Vigilant Solutions Contract
Prepared by: Meeting Date: November 1, 2022
Chris Trimble, Commander
Submitted by: Jeff Smith, Chief of Police
City Manager Approval:
1 year 5 years
Ongoing
Camera Subscription 22,500.00$  112,500.00$
Annual replacement plan 1,000.00      5,000.00
Total Ongoing 23,500.00$ 117,500.00$
One‐time
Sales Tax 1,743.75$    1,743.75$
shipping 700.00          700.00
Total One‐time 2,443.75$   2,443.75$
Total Agreement 25,943.75$ 119,943.75$
Council Agenda 11-1-2022 9.D-2
Packet Page 23

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 VIGILANT SOLUTIONS FOR THE PURCHASE OF TEN MOBILE LICENSE PLATE RECOGNITION CAMERAS FOR A TOTAL COST OF $119,943.75

OVER A FIVE-YEAR PERIOD
WHEREAS, the Fiscal Year (FY) 2023 Police Department Budget includes $25,943.75 for the first year of a five-year agreement with Vigilant Solutions for ten License Plate Recognition (LPR) Cameras to be affixed throughout Pismo Beach; and WHEREAS, the subsequent years in the five-year contract will cost the city $23,500 per year for a total of $119,943.75 to maintain the LPR platform; and WHEREAS, Vigilant Solutions License Plate Recognition offers equipment that is easy to install and deploy; and
WHEREAS, these license plate recognition cameras will be affixed throughout the city at strategic locations, using powerful analytics to aid law enforcement investigations and crime prevention, ultimately allowing the Police Department to provide better service to the residents and visitors of Pismo Beach; and
WHEREAS, the City previously purchased a Vigilant Solutions LPR which was installed as part of a technology package on a parking enforcement vehicle, and successfully implemented, and this purchase is therefore being recommended as a “sole source” purchase since a product compatible with the City’s existing equipment is available from only one vendor, with whom the City has a current relationship.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach that the City Manager is authorized to enter into a five-year agreement with Vigilant Solutions for the purchase of ten Mobile License Plate Recognition Cameras for the total cost of $119,943.75, consisting of $25,943.75 in FY 2023 and $23,500 in each additional fiscal year of the five-year agreement (Exhibit A).

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 1st day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
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Vigilant Solutions, LLC
1152 Stealth Street
Livermore, California 94551
(P) 925-398-2079 (F) 925-398-2113
Issued To: Pismo Beach - Attention: Chris Trimble Date: 05-19-22 Project Name: L6Q (Subscription) - Pismo Beach Quote ID: LQW-0321-01

PROJECT QUOTATION
We at Vigilant Solutions, LLC are pleased to quote the following systems for the above referenced project:

Subscription Hardware
(Annual Cost)
Qty Item # Description
(10) VSFS-L6Q-S-SUB
Unit = $2,995.00 Each
Sell = $2,250.00 Each
L6Q Quick Deploy Camera (Solar Kit) Subscription
Offer Includes:
● One (1) L6Q camera with two (2) Lex-11 high capacity internal batteries ● Solar Kit (40W solar panel, mounting bracket, charge controller, 12 Ah battery, Cable with M12 power connector)
● Camera mounting bracket
● USB-C cable and USB-C to USB-A adapter, Micro SD card, SIM card with cellular service
● Requirements
o Hosted LPR account for data storage, alerting, analytics and more o 5-year Enterprise Service Agreement
● Subscription Info:
o Annual Subscription w/ Warranty & Software Service included Optional, Sold Separately:
● 12VDC Power Pigtail
● 120V AC power supply
Subtotal Price $22,500.00
Qty Item # Description
(10) L6Q-REPPLAN
Unit = $100.00 Each
Sell = $100.00 Each
L6Q Annual Replacement Plan
● Annual L6Q replacement plan covers loss due to theft, vandalism, and or natural disasters only. 1 L6Q annual replacement included $499 for any additional camera replacements. The replacement plan is per camera.

Subtotal Price $1,000.00
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Technical Services
(One Time Cost)
Qty Item # Description
(10) SSU-SYS-L6Q-COM
Unit = $350.00 Each
Sell = $0.00 Each
System Start Up & Commissioning
● Includes configuration of L6Q Solar LPR system(s) and Solar Panel ● Includes install and alignment of L6Q on existing infrastructure ● Excludes Pole Installation
● Excludes Travel Costs
Subtotal Price $0.00
Qty Item # Description
(1) VS-TRVL-01
Unit = $1,550.00 Each
Sell = $0.00 Each
Vigilant Travel via Client Site Visit
● Vigilant certified technician to visit client site
● Includes all travel costs for onsite support services Subtotal Price $0.00
Delivery
(One Time Cost)
Qty Item # Description
(10) VS-SHP-02
Unit = $70.00 Each
Sell = $70.00 Each
Vigilant Shipping Charges - Fixed or Comms
● Applies to each fixed camera LPR System
● Or Communication Box Purchased without LPR System
● Shipping Method is FOB Shipping
Subtotal Price $700.00
Qty Item # Description
(1) Sales Tax
Unit = $1,743.75 Each
Sell = $1,743.75 Each
Sales Tax @ 7.75% of $22,500.00 = $1,743.75
Subtotal Price $1,743.75

Quote Notes:

1. All prices are quoted in USD and will remain firm and in effect for 60 days.

2. Returns or exchanges will incur a 15% restocking fee.

3. Orders requiring immediate shipment may be subject to a 15% QuickShip fee.

4. This Quote is provided per our conversation & details given by you - not in accordance to any written specification.

5. This Quote does not include anything outside the above stated bill of materials.

6. L6Q LPR Cameras are Pre-Order Only. First Shipments are Expected Late Q2 2022.

7. Motorola's Master Customer Agreem ent and all applicable addenda, available at https://www.motorolasolutions.com/en_us/about/legal.html shall govern the products and services, and is incorporated herein by this reference.

8. L6Q Launch Discount Pricing. Order must be placed before 12/31/22.

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9. Hardware installation on existing infrastructure. Customer to provide traffic control if needed.

10. 5 Year Subscription term.

Quoted by: Louis Wershaw - 209-283-0990 - [email protected]

Total Price $25,943.75

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Enterprise Service Agreement (ESA)
This Vigilant Solutions Enterprise Service Agreement (the “Agreement”) is made and entered into as of this______ Day of ____________, 2022 by and between Vigilant Solutions, LLC, a Delaware company, having its principal place of business at 1152 Stealth Street, Livermore, CA 94551 (“Vigilant”) and City of Pismo Beach, a law enforcement agency (LEA) or other governmental agency, having its principal place of business at1000 Bello St, Pismo Beach, CA 93449 (“Customer”).

WHEREAS, Vigilant designs, develops, licenses and services advanced video analysis software technologies for law enforcement and security markets;
WHEREAS, Customer desires to license from and receive service for the Hardware and Software Products provided by Vigilant;
THEREFORE, In consideration of the mutual covenants contained herein this Agreement, Customer and Vigilant hereby agree as follows:

I. Definitions:
“CJIS Security Policy”means the FBI CJIS Security Policy document as published by the FBI CJIS Information Security Officer.
“CLK”or “Camera License Key”means an electronic key that will permit each license of Vigilant’s CarDetector brand LPR software (one CLK per camera) to be used with other Vigilant LPR Hardware Products and Software Products. “Criminal Justice Information Services Division” or “CJIS”means the FBI division responsible for the collection, warehousing, and timely dissemination of relevant CJI to the FBI and to qualified law enforcement, criminal justice, civilian, academic, employment, and licensing agencies. “Effective Date” means the date set forth in the first paragraph of this Agreement. “Enterprise License” means a non-exclusive, non-transferable license to install and operate the Software Products, on any applicable media, without quantity or limitation. This Enterprise Service Agreement allows Customer to install the Software Products on an unlimited number of devices in accordance with the selected Service Package, and allow benefits of all rights granted hereunder this Agreement. “Hardware Products” means Vigilant’s Fixed License Plate Recognition Cameras, Camera Brackets and Solar Panels. “LPR Data” refers to LPR data collected by the Customer and available on LEARN for use by the Customer. “Service Fee” means the amount due from Customer prior to the renewal of this Agreement as consideration for the continued use of the Software Products and Service Package benefits according to Section XIII of this Agreement. “Service Package” means the Customer designated service option which defines the extent of use of the Software Council Agenda 11-1-2022 9.D-8
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Products, in conjunction with any service and/or benefits therein granted as rights hereunder this Agreement. “Service Period” has the meaning set forth in Section III (A) of this Agreement. “Software Products” means Vigilant’s Software Suite including CarDetector, LEARN, and other software applications considered by Vigilant to be applicable for the benefit of security practices. “Technical Support Agents” means Customer’s staff person responsible for administering the Software Products and acting as Customer’s Software Products support contact. “User License” means a non-exclusive, non-transferable license to install and operate the Software Products, on any applicable media, limited to a single licensee.
“Users”refers toindividuals who are agents of the Customer and who are authorized by the Customer to access LEARN on behalf of Customer through login credentials provided by Customer.

II. Enterprise License Grant; Duplication and Distribution Rights:

Subject to the terms and conditions of this Agreement, Vigilant hereby grants Customer an Enterprise License to the Software Products for the Term provided in Section III below. Except as expressly permitted by this Agreement, Customer or any third party acting on behalf of Customer shall not copy, modify, distribute, loan, lease, resell, sublicense or otherwise transfer any right in the Software Products. Except as expressly permitted by this Agreement, no other rights are granted by implication, estoppels or otherwise. Customer shall not eliminate, bypass, or in any way alter the copyright screen (also known as the “splash” screen) that may appear when Software Products are first started on any computer. Any use or redistribution of Software Products in a manner not explicitly stated in this Agreement, or not agreed to in writing by Vigilant, is strictly prohibited.

III. Term; Termination.

A. Term. The term of this Agreement is five (5) years beginning on the Effective Date unless earlier terminated as provided herein. Vigilant will provide Customer with an invoice for the Service Fee due for the subsequent twelve (12) month period (each such period, a “Service Period”) 60 days prior to the end of the then current Service Period. The first Service Period must be paid in advance. This Agreement and the Enterprise License granted under this Agreement will be extended for a Service Period upon Customer’s payment of that Service Period’s Service Fee, which is due 30 days prior to the expiration of the Service Period, as the case may be. Pursuant to Section VIII below, Customer may also pay in advance for more than one Service Period.

B. Customer Termination. If Customer terminates this Agreement for no reason prior to the end of any Service Period, Vigilant will not refund or prorate any license fees paid by the Customer. If Customer’s termination notice is based on an alleged breach by Vigilant, then Vigilant shall have thirty (30) days from the date of receipt of Customer’s notice of termination, which shall set forth in detail Vigilant’s purported breach of this Agreement, to cure the alleged breach. If within thirty (30) days of written notice of violation from Customer Vigilant has not reasonably cured the described breach of this Agreement, Vigilant shall refund to Customer an amount calculated by multiplying the total amount of Service Fees paid by Customer for the then-current Service Period by the percentage resulting from Council Agenda 11-1-2022 9.D-9
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dividing the number of days remaining in the then-current Service Period, by 365. Upon termination, Customer shall delete all copies of Software Products.

C. Vigilant Termination. Vigilant has the right to terminate this Agreement at any time by providing thirty (30) days written notice to Customer. If Vigilant’s termination notice is based on an alleged breach by Customer, then Customer shall have thirty (30) days from the date of its receipt of Vigilant’s notice of termination, which shall set forth in detail Customer’s purported breach of this Agreement, to cure the alleged breach. If within thirty (30) days of written notice of violation from Vigilant Customer has not reasonably cured the described breach of this Agreement, Customer shall immediately discontinue all use of Hardware Products and Software Products and certify to Vigilant that it has returned or destroyed all copies of Software Products in its possession or control. If Vigilant terminates this Agreement prior to the end of a Service Period for no reason, and not based on Customer’s failure to cure the breach of a material term or condition of this Agreement, Vigilant shall refund to Customer an amount calculated by multiplying the total amount of Service Fees paid by Customer for the then-current Service Period by the percentage resulting from dividing the number of days remaining in the then-current Service Period, by 365.

IV. Warranty and Disclaimer; Infringement Protection; Use of Software Products Interface.

A. Warranty and Disclaimer. Vigilant warrants that the Hardware Products and Software Products will be free from all Significant Defects (as defined below) during the term of this Agreement (the “Warranty Period”). “Significant Defect” means a defect in a Hardware Product or Software Product that impedes the primary function of the Hardware Product or Software Product. This warranty does not include products not manufactured by Vigilant.

Vigilant will repair or replace any Hardware Product or Software Product with a Significant Defect during the Warranty Period; provided, however, if Vigilant cannot substantially correct a Significant Defect in a commercially reasonable manner, Customer may terminate this Agreement and Vigilant shall refund to Customer an amount calculated by multiplying the total amount of Service Fees paid by Customer for the then-current Service Period by the percentage resulting from dividing the number of days remaining in the then-current Service Period, by 365. The foregoing remedies are Customer’s exclusive remedy for defects in the Software Product. Vigilant shall not be responsible for labor charges for removal or reinstallation of defective Hardware Products or Software Products, charges for transportation, shipping or handling loss, unless such charges are due to Vigilant's gross negligence or intentional misconduct. Vigilant disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. In no event shall Vigilant be liable for any damages whatsoever arising out of the use of, or inability to use, the Hardware Products and Software Products.

B. Infringement Protection. If an infringement claim is made against Customer by a third-party in a court of competent jurisdiction regarding Customer’s use of any Hardware Products or Software Products that infringe on third-party intellectual property, patents, or trademarks; Vigilant shall indemnify Customer, and assume all legal responsibility and costs to contest any such claim. If Customer's use of any portion of the Hardware Products or Software Products or documentation provided to Customer by Vigilant in connection with the Hardware Products or Software Products is enjoined by a court of competent jurisdiction, Vigilant shall do one of the following at its option and expense within sixty (60) days of such enjoinment: (1) Procure for Customer the right to use such infringing portion; (2) replace such infringing portion with a non-infringing portion providing equivalent functionality; or (3) modify the infringing portion so as to eliminate the infringement while providing equivalent functionality.

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C. Use of Software Products Interface. Under certain circumstances, it may be dangerous to operate a moving vehicle while attempting to operate a touch screen or laptop screen and any of their applications. It is agreed by Customer that Customer’s users will be instructed to only utilize the interface to the Software Products at times when it is safe to do so. Vigilant is not liable for any accident caused by a result of distraction such as from viewing the screen while operating a moving vehicle.

V. Software Support, Warranty and Maintenance.

Customer will receive technical support by submitting a support ticket to Vigilant’s company support website or by sending an email to Vigilant’s support team. Updates, patches and bug fixes of the Software Products will be made available to Customer at no additional charge, although charges may be assessed if the Software Product is requested to be delivered on physical media. Vigilant will provide Software Products support to Customer’s Technical Support Agents through e-mail and telephone. Customer allows Vigilant Solutions to access the L6Q camera settings for the purposes of optimizing the plate collection process.

VI. Camera License Keys (CLKs).

Customer is entitled to use of the Software Products during the term of this Agreement to set up and install the Software Products on an unlimited number of media centers within Customer’s network in accordance with selected Service Options. As Customer installs additional units of the Hardware Products or Software Products, Customer is required to obtain a Camera License Key (CLK) for each camera installed and considered in active service. A CLK can be obtained by Customer by going to Vigilant’s company support website and completing the online request form to Vigilant technical support staff. Within two (2) business days of Customer’s application for a CLK, Customer’s Technical Support Agent will receive the requested CLK that is set to expire on the last day of the then-current Service Period.

VII. Ownership.

A. Ownership of Software Products. The Software Products are copyrighted by Vigilant and remain the property of Vigilant. The license granted under this Agreement is not a sale of the Software Products or any copy.

Customer owns the physical media on which the Software Products are installed, but Vigilant retains title and ownership of the Software Products and all other materials included as part of the Software Products.

B. Ownership of Hardware Products. The Hardware Products provided under this agreement remain the property of Vigilant. Customer has no ownership or rights to Hardware Products provided under this Agreement during or after the Term of this Agreement.

C. Rights in Software Products. Vigilant represents and warrants that: (1) it has title to the Software and the authority to grant license to use the Software Products; (2) it has the corporate power and authority and the legal right to grant the licenses contemplated by this Agreement; and (3) it has not and will not enter into agreements and will not take or fail to take action that causes its legal right or ability to grant such licenses to be restricted.

VIII. Data Sharing.

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If Customer is a generator of LPR Data, Customer at its option may share its LPR Data with Law Enforcement Agencies who contract with Vigilant. Vigilant will not share any LPR Data generated by the Customer without the permission of the Customer.

IX. Ownership of LPR Data.

Customer retains all rights to LPR Data generated by the Customer. Should Customer terminate agreement with Vigilant, a copy of all LPR Data generated by the Customer will be created and provided to the Customer. After the copy is created, all LPR Data generated by the Customer will be deleted from LEARN at the written request of an authorized representative of the Customer.

X. Data Retention.

LPR Data is governed by the Customer’s retention policy. LPR Data that reaches its expiration date will be deleted from LEARN.

XI. Account Access.

A. Eligibility. Customer shall only authorize individuals who satisfy the eligibility requirements of “Users” to access LEARN. Vigilant in its sole discretion may deny access to LEARN to any individual based on such person’s failure to satisfy such eligibility requirements. User logins are restricted to employees of the Customer. No User logins may be provided to non-employees of the Customer without the express written consent of Vigilant.

B. Security. Customer shall be responsible for assigning an Agency Manager who in turn will be responsible for assigning to each of Customer’s Users a username and password (one per user account). A limited number of User accounts is provided. Customer will cause the Users to maintain username and password credentials confidential and will prevent use of such username and password credentials by any unauthorized person(s). Customer shall notify Vigilant immediately if Customer believes the password of any of its Users has, or may have, been obtained or used by any unauthorized person(s). In addition, Customer must notify Vigilant immediately if Customer becomes aware of any other breach or attempted breach of the security of any of its Users’ accounts.

C. CJIS Requirements. Customer certifies that its LEARN users shall comply with the CJIS requirements outlined in Exhibit A.

XII. Service Package, Fees and Payment Provisions.

A. Service Package. This Enterprise License Agreement is based on the following Service Package:

Service Package - Fixed Camera Subscription Service:
●Fixed Camera with Camera Bracket
●Solar Panel
●Hardware warranty for manufacturer defect
●Vigilant Managed/Hosted LPR server LEARN Account
●Unlimited user licensing and upgrades for the following applications:
o LEARN and CarDetector
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B. Service Fee.Payment of each Service Fee entitles Customer to all rights granted under this Agreement, including without limitation, use of the Hardware Products and Software Products for the relevant Service Period, replacement of CLKs, and access to the updates and releases of the Software Products and associated equipment driver software to allow the Hardware Products and Software Products to remain current and enable the best possible performance. The annual Service Fee due for a particular Service Period is based on the number of current Vigilant issued CLK’s at the time of Service Fee invoicing, and which will be used by Customer in the upcoming Service Period.

A schedule of Annual Service Fees for years after the first year of this Agreement is shown below:

Annual Service Fee Schedule (multiplied by number of CLK’s Issued) Annual Fee Per CLK $2,250.00
Payment of the Service Fee is due thirty (30) days prior to the renewal of the then-current Service Period. All Service Fees are exclusive of any sales, use, value-added or other federal, state or local taxes (excluding taxes based on Vigilant’s net income) and Customer agrees to pay any such tax.

C. Advanced Service Fee Payments. Vigilant will accept advanced Service Fee payment on a case by case basis for Customers who wish to lock in the Service Fee rates for subsequent periods at the rates currently in effect, as listed in the table above. If Customer makes advanced Service Fee payments to Vigilant, advanced payments to Vigilant will be applied in full to each subsequent Service Period’s Service Fees until the balance of the credits is reduced to a zero balance. System based advanced credits shall be applied to subsequent Service Fees in the amount that entitles Customer continued operation of the designated camera unit systems for the following Service Period until the credits are reduced to a zero balance.

D. Price Adjustment.Vigilant has the right to increase or decrease the annual Service Fee from one Service Period to another after the 5-Year Term; provided, however, that in no event will a Service Fee be increased by more than 4% of the prior Service Period’s Service Fees. If Vigilant intends to adjust the Service Fee for a subsequent Service Period, it must give Customer notice of the proposed increase on or before the date that Vigilant invoices Customer for the upcoming Service Period.

XIII. Miscellaneous.

A. Limitation of Liability. IN NO EVENT SHALL VIGILANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,

SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING DAMAGES FOR LOSS OF USE, DATA OR PROFIT, ARISING OUT OF OR

CONNECTED WITH THE USE OF THE HARDWARE PRODUCTS AND SOFTWARE PRODUCTS, WHETHER BASED ON

CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VIGILANT HAS BEEN ADVISED OF THE POSSIBILITYOFDAMAGES.INNOEVENTWILLVIGILANT’SLIABILITYARISINGOUTOFORRELATEDTOTHISAGREEMENT

EXCEED THE FEES PAID BY CUSTOMER TO VIGILANT FOR THE HARDWARE PRODUCTS AND SOFTWARE PRODUCTS LICENSEDUNDERTHISAGREEMENT.

B. Confidentiality. Customer acknowledges that Hardware Products and Software Products contain valuable and proprietary information of Vigilant and Customer will not disassemble, decompile or reverse engineer any Hardware Products or Software Products to gain access to confidential information of Vigilant.

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C. Assignment. Neither Vigilant nor Customer is permitted to assign this Agreement without the prior written consent of the other party. Any attempted assignment without written consent is void.

D. Amendment; Choice of Law. No amendment or modification of this Agreement shall be effective unless in writing and signed by authorized representatives of the parties. This Agreement shall be governed by the laws of the state of California without regard to its conflicts of law.

E. Complete Agreement. This Agreement constitutes the final and complete agreement between the parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements, written or oral, with respect to such subject matter.

F. Relationship. The relationship created hereby is that of contractor and customer and of licensor and Customer. Nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties hereto. Neither party shall have any authority to enter into agreements of any kind on behalf of the other and shall have no power or authority to bind or obligate the other in any manner to any third party. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. Each party hereto represents that it is acting on its own behalf and is not acting as an agent for or on behalf of any third party.

G. No Rights in Third Parties. This agreement is entered into for the sole benefit of Vigilant and Customer and their permitted successors, executors, representatives, administrators and assigns. Nothing in this Agreement shall be construed as giving any benefits, rights, remedies or claims to any other person, firm, corporation or other entity, including, without limitation, the general public or any member thereof, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries, property damage, or any other relief in law or equity in connection with this Agreement.

H. Construction. The headings used in this Agreement are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. Any term referencing time, days or period for performance shall be deemed calendar days and not business days, unless otherwise expressly provided herein.

I. Severability. If any provision of this Agreement shall for any reason be held to be invalid, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, such provision shall be construed so as to make it enforceable to the greatest extent permitted, such provision shall remain in effect to the greatest extent permitted and the remaining provisions of this Agreement shall remain in full force and effect.

J. Federal Government. Any use, copy or disclosure of Software Products by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided by DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227 (ALT III), as applicable.

K. Right to Audit. Customer, upon thirty (30) days advanced written request to Vigilant, shall have the right to investigate, examine, and audit any and all necessary non-financial books, papers, documents, records and personnel that pertain to this Agreement.

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L. Notices; Authorized Representatives; Technical Support Agents. All notices, requests, demands, or other communications required or permitted to be given hereunder must be in writing and must be addressed to the parties at their respective addresses set forth below and shall be deemed to have been duly given when (a) delivered in person; (b) one (1) business day after being deposited with a reputable overnight air courier service; or (c) three (3) business days after being deposited with the United States Postal Service, for delivery by certified or registered mail, postage pre-paid and return receipt requested. All notices and communications regarding default or termination of this Agreement shall be delivered by hand or sent by certified mail, postage pre-paid and return receipt requested.

Either party may from time to time change the notice address set forth below by delivering 30 days advance notice to the other party in accordance with this section setting forth the new address and the date on which it will become effective.

Vigilant Solutions, LLC
Attn: Sales Administration
1152 Stealth Street
Livermore, CA 94551
Customer: Pismo Beach Police Department
Attn: __________________________
Address: 1000 Bello St
Pismo Beach, CA 93449
M. Authorized Representatives; Technical Support Agents. Customer’s Authorized Representative is responsible for administering this Agreement and Customer’s Technical Support Agents are responsible for administering the Hardware Products and Software Products and acting as Customer’s Hardware Products and Software Products support contact. Either party may from time to time change its Authorized Representative, and Customer may from time to time change its Technical Support Agents, in each case, by delivering 30 days advance notice to the other party in accordance with the notice provisions of this Agreement.

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IN WITNESS WHEREOF, the parties have executed the Agreement as of the Effective Date.

Manufacturer: Vigilant Solutions, LLC
Authorized Agent: Sean Heieck
Title: Area Sales Manager
Date: ____________________________________________________ Signature: ____________________________________________________ Customer: Pismo Beach Police Department
Authorized Agent: ____________________________________________________ Title: ____________________________________________________ Date: ____________________________________________________ Signature: ____________________________________________________ Council Agenda 11-1-2022 9.D-16
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Exhibit A: CJIS Requirements
Vigilant and the Customer agree on the importance of data security, integrity and system availability and that these security objectives will only be achieved through shared responsibility. Vigilant and the Customer agree they will more likely be successful with information security by use of the Vigilant supplied technical controls and client Customer use of those controls; in conjunction with agency and personnel policies to protect the systems, data and privacy.

Vigilant agrees to treat the Customer-supplied information in Vigilant systems as CJI. The FBI CJIS Security Policy is incorporated herein (“FBI CJIS Security Policy”). Vigilant will strive to meet those technical and administrative controls; ensuring the tools are in place for the proper protection of systems, information and privacy of individuals to the greatest degree possible.

Vigilant and the Customer agree that information obtained or incorporated into Vigilant systems may be associated with records that are sensitive in nature having, tactical, investigative and Personally Identifiable Information. As such, that information will be treated in accordance with applicable laws, policies and regulations governing protection and privacy of this type of data.

Vigilant and the Customer agree that products and services offered by Vigilant are merely an investigative tool to aid the client in the course of their duties and that Vigilant make no claims that direct actions be initiated based solely upon the information responses or analytical results. Further, Vigilant and the Customer agree that the Customer is ultimately responsible for taking the appropriate actions from results, hits, etc. generated by Vigilant products and require ongoing training, human evaluation, verifying the accuracy and currency of the information, and appropriate analysis prior to taking any action.

As such, the parties agree to do the following:

Vigilant:

1. Vigilant has established the use of FBI-CJIS Security Policy as guidance for implementing technical security controls in an effort to meet or exceed those Policy requirements.

2. Vigilant agrees to appoint a CJIS information security officer to act as a conduit to the client contracting government agency, agency coordinator, to receive any security policy information and disseminate to the appropriate staff.

3. Vigilant agrees to adhere to FBI-CJIS Security Policy awareness training and personnel screening standards as required by the Customer.

4. Vigilant agrees, by default, to classify all client supplied data and information related to client owned infrastructure, information systems or communications systems as “Criminal Justice Data”. All client information will be treated at the highest level of confidentiality by all Vigilant staff and authorized partners. Vigilant has supporting guidance/policies for staff handling the full life cycle of information in physical or electronic form and has accompanying disciplinary procedures for unauthorized access, misuse or mishandling of that information.

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Attachment 2
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Vigilant_ESA_L6Q Sub_Public Safety_1 Page 11 of 13

____________
____________
Customer Initials VS Initials

5. Vigilant will not engage in data mining, commercial sale, unauthorized access and/or use of any of Customer owned data.

6. Vigilant agrees to use their formal cyber incident response plan if such event occurs.

7. Vigilant agrees to immediately inform Customer of any cyber incident or data breach, to include DDoS, Malware, Virus, etc. that may impact or harm client data, systems or operations so proper analysis can be performed and client incident response procedures can be initiated.

8. Vigilant will only allow authorized support staff to access the Customer’s account or Customer data in support of Customer as permitted by the terms of contracts.

9. Vigilant agrees to use training, policy and procedures to ensure support staff use proper handling, processing, storing, and communication protocols for Customer data.

10. Vigilant agrees to protect client systems and data by monitoring and auditing staff user activity to ensure that it is only within the purview of system application development, system maintenance or the support roles assigned.

11. Vigilant agrees to inform the Customer of any unauthorized, inappropriate use of data or systems.

12. Vigilant will design software applications to facilitate FBI-CJIS compliant information handling, processing, storing, and communication of Customer.

13. Vigilant will advise Customer when any software application or equipment technical controls are not consistent with meeting FBI-CJIS Security Policy criteria for analysis and due consideration.

14. Vigilant agrees to use the existing Change Management process to sufficiently plan for system or software changes and updates with Rollback Plans.

15. Vigilant agrees to provide technical security controls that only permit authorized user access to Customer owned data and Vigilant systems as intended by the Customer and data owners.

16. Vigilant agrees to meet or exceed the FBI-CJIS Security Policy complex password construction and change rules.

17. Vigilant will only provide access to Vigilant systems and Customer owned information through Customer managed role-based access and applied sharing rules configured by the Customer.

18. Vigilant agrees to provide technical controls with additional levels of user advanced authentication in physically non-secure locations.

19. Vigilant agrees to provide compliant FIPS 140-2 Certified 128-bit encryption to Customer owned data during transport and storage (“data at rest”) while in the custody and control of Vigilant.

20. Vigilant agrees to provide firewalls and virus protection to protect networks, storage devices and data.

21. Vigilant agrees to execute archival, purges and/or deletion of data as configured by the data owner.

22. Vigilant agrees to provide auditing and alerting tools within the software applications so Customer can monitor access and activity of Vigilant support staff and Customer users for unauthorized access, disclosure, alteration or misuse of Customer owned data. (Vigilant support staff will only have access when granted by the Customer.)

23. Vigilant will only perform direct support remote access to Customer systems/infrastructure when requested, authorized and physically granted access to the applications/systems by the Customer. This activity will be documented by both parties.

24. Vigilant creates and retains activity transaction logs to enable auditing by the Customer data owners and Vigilant staff.

25. Vigilant agrees to provide physical protection for the equipment-storing Customer data along with additional technical controls to protect physical and logical access to systems and data.

26. Vigilant agrees to participate in any information or technical security compliance audit performed by the Customer, state CJIS system agency or FBI-CJIS Division.

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Vigilant_ESA_L6Q Sub_Public Safety_1 Page 12 of 13

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Customer Initials VS Initials

27. Vigilant agrees to perform independent employment background screening for its staff and participate in additional fingerprint background screening as required by Customer.

28. Vigilant agrees that the Customer owns all Customer contributed data to include “hot-lists”, scans, user information etc., is only shared as designated by the client and remains the responsibility and property of the Customer.

Customer:

1. Customer agrees to appoint an “Agency Coordinator”as a central Point of Contact for all FBI-CJIS Security Policy related matters and to assign staff that are familiar with the contents of the FBI-CJIS Security Policy.

2. Customer agrees to have the Agency Coordinator provide timely updates with specific information regarding any new FBI-CJIS, state or local information security policy requirements that may impact Vigilant compliance or system/application development and, to facilitate obtaining certifications, training, and fingerprint-based background checks as required.

3. Customer agrees to inform Vigilant when any FBI-CJIS Security Awareness Training, personnel background screening or execution of FBI-CJIS Security Addendum certifications are required.

4. Customer agrees to immediately inform Vigilant of any relevant data breach or cyber incident, to include DDoS, Malware, Virus, etc. that may impact or harm Vigilant systems, operations, business partners and/or other Customers, so proper analysis can be performed, and Incident Response Procedures can be initiated.

5. Customer agrees that they are responsible for the legality and compliance of information recorded, submitted or placed in Vigilant systems and use of that data.

6. Customer agrees that they are responsible for proper equipment operation and placement of equipment.

7. Customer agrees that they are responsible for vetting authorized user access to Vigilant systems with due consideration of providing potential access to non-Customer information.

8. Customer agrees that responsibility and control of persons granted access to purchased Vigilant systems, along with data stored and transmitted via Vigilant systems, is that of the Customer.

9. Customer agrees that they have responsibility for all data security, handling and data protection strategies from point of acquisition, during transport and until submission (“Hotlist upload”) into Vigilant systems.

10. Customer agrees to reinforce Customer’s policies and procedures for secure storage and protection of Vigilant system passwords.

11. Customer agrees to reinforce client staff policies for creating user accounts with only government domain email addresses. Exceptions will be granted in writing.

12. Customer agrees to reinforce client staff policies for not sharing user accounts.

13. Customer agrees to use Vigilant role-based access as designed to foster system security and integrity.

14. Customer agrees that they control, and are responsible for, appropriate use and data storage policies as well as procedures for the data maintained outside the Vigilant systems. This includes when any information is disseminated, extracted or exported out of Vigilant systems.

15. Customer agrees that they control and are responsible for developing policies, procedures and enforcement for applying deletion/purging and dissemination rules to information within and outside the Vigilant systems.

16. Customer agrees that it is their responsibility to ensure data and system protection strategies are accomplished through the tools provided by Vigilant for account and user management features along with audit and alert threshold features.

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Vigilant_ESA_L6Q Sub_Public Safety_1 Page 13 of 13

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Customer Initials VS Initials

17. Customer agrees to use the “virtual escorting” security tools provided for managing client system remote access and monitor Vigilant support staff when authorized to assist the client.

18. Customer agrees that the Vigilant designed technical controls and tools will only be effective in conjunction with Customer created policies and procedures that guide user access and appropriate use of the system.

19. Customer agrees that information and services provided through Vigilant products do not provide any actionable information, Customer users are responsible for the validity and accuracy of their data and developing procedures to verify information with the record owner and other systems (NCIC) based upon the potential lead generated.

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E
SUBJECT/TITLE:

CONTRACT WITH SAN LUIS OBISPO COUNTY FOR ANIMAL CARE AND CONTROL SERVICES FOR FISCAL YEARS 2023–2025
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to execute a three-year contract with the County of San Luis Obispo for Animal Care and Control Services from July 1, 2022 to June 30, 2025.

BACKGROUND:

For many years, the City has contracted with San Luis Obispo County for the provision of state-mandated animal care and control services along with other cities in the county.

This is the only animal control and care service available in the county and all other cities contract with San Luis Obispo County for this service. Services provided pursuant to the contract include: emergency and nonemergency response of Animal Services Officers for injured and stray animals; investigative services for animal bites, abuse, and neglect; sheltering and quarantine services; dog licensing; animal adoption, and other services as required either by state law or the Pismo Beach Municipal Code. The Police Department administers the contract on behalf of the City.

The current three-year contract with San Luis Obispo County expired on June 30, 2022, and staff recommends that the Council authorize the City Manager to execute an agreement for the Fiscal Year 2023 through Fiscal Year 2025 period. The Fiscal Year (FY) 2023 cost will be $35,824. The costs for the remaining two years will be determined annually based on the cost for services in each of the previous years.

Contract Provisions and Costs
The proposed contract provides for the provision of animal care and control services to the City for three years, from July 1, 2022 through June 30, 2025. Services include, but are not limited to:
Sheltering and medical care of stray, owner-surrendered, confiscated, and quarantined household animals.
Reunification of sheltered animals with owners or adoption into new homes. Receipt and publication of lost and found animal reports. Response to calls for service from the Police Department or residents for stray or loose animals, dangerous or vicious animals, bite and neglect/abuse investigations, potential rabies exposure investigations, and quarantine and pick up of deceased animals.
Regulation of breeders and sales of domestic animals.
Animal-related nuisance investigations.
Enforcement of state and local animal-related laws.

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San Luis Obispo County shall compute on an annual basis the fee assessed to the City for services provided under this contract. The County shall use a service-based methodology for determining city service fees. The service-based methodology shall be based on four key facets of Animal Services’ operations:
Field Service
Licensing
Shelter Operations
Education Service
Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute an agreement with San Luis Obispo County (Attachment

1.A) continuing animal care and control services for a three-year term ending June 30, 2025.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution is $35,824 in FY 2023. The current amount budgeted for FY 2023 is $31,793, resulting in a $4,031 shortfall. Staff recommends that Council appropriate $4,031 in FY 2023 in the General Fund Police Department interagency agency contracts account in FY 2023 to support the additional cost of the animal services agreement.

The remaining two years will be based on the cost analysis as outlined in this report and will be incorporated into the next two-year budget for FY 2024 and FY 2025.

ALTERNATIVES:

1. Do not adopt the resolution; provide direction or request additional information.

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Proposed Contract for Animal Services Prepared by: Meeting Date: November 1, 2022
Dan Herlihy, Police Commander
Submitted by: Jeff Smith, Police Chief
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 EXECUTE A THREE-YEAR

CONTRACT WITH THE COUNTY OF SAN LUIS OBISPO FOR ANIMAL CARE AND CONTROL SERVICES FROM JULY 1, 2022 TO JUNE 30, 2025

WHEREAS, the City’s current agreement for Animal Services expired on June 30, 2022; and

WHEREAS, the County of San Luis Obispo is the only animal control and care service available in San Luis Obispo County that provides state-mandated animal care and control services; and

WHEREAS, the new Animal Care and Control Services Contract will be for a three-year period from July 1, 2022 to June 30, 2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute an agreement (Exhibit A) with the County of San Luis Obispo for provision of Animal Care and Control Services for a three-year term spanning July 1, 2022 through June 30, 2025.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $4,031 in the General Fund Police Department interagency agency contracts account in Fiscal Year 2023 to support the additional cost of the Animal Services agreement.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 1st day of November 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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CONTRACT FOR

ANIMAL CARE AND CONTROL SERVICES

THIS CONTRACT, entered into by and between the County of San Luis Obispo, a public entity in the State of California, ("County") and, the City of Pismo Beach, an incorporated city in the State of California, ("City").

WITNESSETH:

WHEREAS, County has established the Division of Animal Services to provide animal care and control functions including the enforcement of the ordinances of San Luis Obispo County Code Title 9 and of California state codes pertaining to the care, keeping, and management of animals; and

WHEREAS, County, through Animal Services, maintains and operates an animal shelter and a humane education program; and

WHEREAS, City is desirous of contracting with County for the provision of such services;

NOW THEREFORE, in consideration of the covenants, conditions, agreements, and stipulations set forth herein, the parties hereby agree that County shall perform the services described herein for the compensation set forth herein, subject to the terms and conditions set forth herein.

1. Services. The parties agree to perform the services described in Exhibit A, attached hereto and incorporated herein by reference as if set forth in full at this point.

2. Compensation. The parties agree to the compensation described in Exhibit B, attached hereto and incorporated herein by reference as if set forth in full at this point.

3. Duration. The parties agree to the duration described in Exhibit C, attached hereto and incorporated herein by reference as if set forth in full at this point.

4. General Conditions. The parties agree to the general conditions described in Exhibit D, attached hereto and incorporated herein by reference as if set forth in full at this point.

5. Notices. Notices required in this contract shall be provided to:

COUNTY
Eric Anderson, DVM
Animal Services Manager
885 Oklahoma Ave.

San Luis Obispo, CA 93406

CITY
Jeff Smith
Chief of Police
1000 Bello Street
Pismo Beach, CA 93449

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Attachment 1.A
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IN WITNESS WHEREOF, County and City have executed this Contract on the day and year set forth below.

CITY OF PISMO BEACH
An Incorporated City in the State of California

By: _____________________________________________ Date:______________________ James R. Lewis, City Manager

ATTEST:

By: _____________________________________________ Date:______________________ Erica Inderlied, City Clerk

APPROVED AS TO FORM:

By: _____________________________________________ Date:______________________ Dave Fleishman, City Attorney

Continued on next page

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Attachment 1.A
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COUNTY OF SAN LUIS OBISPO,
A Public Entity in the State of California

By: _________________________________ Date: _______________________ Chair, Board of Supervisors

ATTEST:

WADE HORTON
Ex-Officio Clerk of the Board of Supervisors

By: _______________________________
Deputy Clerk

Approved as to form and legal effect:

RITA L. NEAL

COUNTY COUNSEL

By: _______________________________ Date: _______________________ Deputy County Counsel
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CONTRACT FOR

ANIMAL CARE AND CONTROL SERVICES

EXHIBIT A - SCOPE OF SERVICES

1. County Obligations. The County shall perform the following duties:

a) Shelter Services

i) Maintain, or cause to be maintained, an animal shelter whereat stray, owner surrendered, confiscated, quarantined and custodially impounded household pets are received and provided with appropriate care, housing, and shelter services in accordance with state regulations, local ordinances, and policies governing the humane treatment of such animals.

ii) Provide services allowing sheltered animals to be returned to their owners, adopted into new homes, or to be humanely euthanized.

iii) Provide for the receipt and publication of lost and found animal reports.

iv) Provide services for the humane euthanasia of household pets and for the disposal of their remains.

b) Field Services

i) Receive and respond to public calls for service related to alleged violations of local or state codes pertaining to the care, keeping, treatment, and management of animals.

ii) Provide for the response to any of the following circumstances 24 hours a day, seven days a week:

(1) Domestic animals posing an active and present threat to public safety.

(2) Domestic animals which are severely injured, sick, or in eminent risk and whose owner is unknown or unavailable.

(3) Domestic or wild animal demonstrating signs of possible rabies infection.

(4) Calls for assistance from law enforcement or emergency response personnel.

(5) Reported animal bites where the animal remains in the area unconfined and whose owner is unknown or unavailable.

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(6) Loose livestock roaming on roadways or other public areas.

iii) Provide for the response to any of the following during Animal Services' normal business hours:

(1) Pick-up and impoundment of unlimited numbers of stray confined domestic animals.

(2) Pick-up and disposal of unlimited numbers of dead domestic animals from roadways, parks, and other public areas.

(3) Pick up and transfer to shelter of owned animals for surrender or euthanasia.

(4) Pick up of dead owned animals for disposal.

iv) Provide for the necessary medical treatment and emergency care for domestic animals picked up by Animal Services personnel and for those domestic animals presented directly to veterinarians by private citizens and emergency response personnel.

v) Provide for the receipt, processing and investigation of animal bite reports as well as the subsequent quarantine of animals in accordance with state codes pertaining to rabies control.

vi) Request assistance from the San Luis Obispo County District Attorney's Office Bureau of Investigations when an animal bite results in significant injury causing death or likely to cause death or in any case Animal Services believes may require significant criminal investigation beyond the experience of Animal Services Officers.

vii) Receive and respond to reports of animals, domestic or wild, which are suspected to be rabid or to have been exposed to rabies infection and attempt to affect their capture. Captured animals will be processed in accordance with state codes pertaining to rabies control.

viii) Receive and process all applications related to the keeping and sale of household pets; inspect and regulate permitted operations in accordance with local and state codes.

ix) Provide for the recording, investigation, administrative hearings, and issuance of findings and orders related to animal nuisances, animal seizures or confiscations, and dangerous or vicious animals. Nuisances which remain unresolved following the issuance of an abatement order will be processed Council Agenda 11-1-2022 9.E-8
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to court through the City Attorney’s office.

x) Assist in the preparation and filing of court documents related to the civil and/or criminal prosecution of cases involving violation of municipal codes pertaining to the care, treatment, and keeping of domestic animals.

xi) Provide for the preparation, filing and civil or criminal prosecution of cases involving violations of California state codes pertaining to the care, treatment, and keeping of domestic animals.

c) Reporting: Provide to the City bi-annual service activity and financial reports reflecting field services, licensing, shelter operations, and humane education programs. Reports will detail this information for both the individual quarter and year-to-date.

d) Collaboration: Participate collaboratively with the City in regards to matters impacting the provision of animal care and control services. County shall not append or modify the provisions of Title 9 of the San Luis Obispo County Code without having first consulted with the City.

2. City Obligations. The City shall perform the following duties:

a) Ordinance Conformity: Adopt, either by direct incorporation in the municipal code or by way of reference, animal cont rol ordinances which are in conformity to and are not in substantial conflict or in variation from Title 9 of the San Luis Obispo County Code.

b) Prosecution of Municipal Code Violations: Through the City Attorney, provide for the preparation, filing and civil or criminal prosecution of cases involving violation of municipal codes, pertaining to the care, treatment, and keeping of animals, including all such codes incorporated into the municipal code by way of reference.

c) Assistance: Provide such assistance and support to Animal Services personnel as may be reasonably necessary to safely and effectively execute the operations required by this contract within the City limits.

3. Animal Care and Control Coordination Group: The County and City agree that Animal Services is a shared interest of all parties and that all participating jurisdictions will share in the cost and revenue generated based on actual costs and fees generated in each jurisdiction. Further, policy-setting and procedure development will happen in a collaborative manner, with all participating jurisdictions having input into the best way to conduct these Council Agenda 11-1-2022 9.E-9
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services in San Luis Obispo County.

To coordinate efforts, the participating jurisdictions, including the City and County agree to meet and confer periodically to discuss current issues as they relate to the fiscal and practical application of this contract, along with other potential items identified by the group. Such meetings shall be coordinated by the Health Agency Director from time to time as necessary, but no less than once quarterly.

This group commits to a goal of reducing animal intakes and total animal nights by an average of 5% annually for the next five years while maintaining the compassionate and responsible provision of services and improving Animal Services revenues to decrease the net cost of services.

The targeted reductions are to be accomplished primarily by reducing the need for services and the costs of those services, not by reducing or denying needed services.

As part of this commitment, the County agrees to develop performance benchmarks and communicate them quarterly to the group on the following:
a) Cost of Services/per Capita (by City) over time.
b) Cost of services/per City over time.
c) Number of Full-Time Equivalent (FTE) positions within Animal Control over time.
d) Number of field FTE within Animal Control over time. e) Geographical Information Service (GIS) heat maps of calls for service over time by City (requested development from County IT Department, maps to be provided when available).
f) Average response times by call types over time by City. g) Percentage of animals licensed by the City over time. h) Other data points charted out over time that were used to spread out the Animal Shelter costs.

In the first quarter of year one of this contract, the group will propose Ordinance updates aimed at lowering domestic animal populations and costs and increasing animal services related revenues. The County agrees to present the collaborative Ordinance updates for consideration by the County Board of Supervisors. The City agrees to present the Ordinance updates for consideration by their City Council.

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CONTRACT FOR

ANIMAL CARE AND CONTROL SERVICES

EXHIBIT B - COMPENSATION

1) First Year Service Fee: The City agrees to pay to the County the amount of $35,824 for services provided under this Contract during the first year of service.

2) Subsequent Years’ Service Fee: The County shall compute on an annual basis a service fee assessed to the City for services provided under this Contract.

3) Timing of Service Fee: The County shall calculate annual service fees and provide them to the City prior to April 15th of each year, with service fees becoming effective on July 1st of that year. No further action by either party is necessary to implement new fees in subsequent years.

4) Service Fee Methodology: The County shall use a service-based methodology for determining city service fees. The service-based methodology shall be based on four key facets of Animal Services' operations:
• Field Service
• Licensing
• Shelter Operations
• Education Services

a) Determination of Cost of Service - The cost of providing services to the City will be calculated by determining the average percentage of service allocated to the City over the preceding three years for each of the four facets of operations and multiplying this percentage against Animal Services operational cost for each facet. Combined, this then represents the City's total service cost in proportion to the County and all other contracting parties.

b) Credit for Fees - The average annual revenue generated from fees or fines assessed directly to residents of the City by Animal Services over the preceding three years will be applied against the City's total service cost.

c) Determination of Service Fee - The fee assessed to the City for provision of services outlined in this contract shall be determined by subtracting the average revenue as determined by item 4b of this exhibit from the average cost of service as determined by item 4a of this exhibit.

5) Billing: County shall bill City for contracted services in quarterly increments. City shall remit payment to the County within thirty (30) days of receipt of billing.

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CONTRACT FOR

ANIMAL CARE AND CONTROL SERVICES

EXHIBIT C - DURATION

1) Effective Date: This contract shall be effective July 1, 2022, or fifteen (15) days following of the date of the signature of the County, whichever is later. The County shall be the last to sign this contract.

2) Service Date: City and County acknowledge that the services provided under this contract are a continuation of those established during the preceding contract term and that these services may have been provided uninterruptedly between July 1, 2022, and the date of execution by the County in order to ensure the interest of public service.

a) Both City and County expressly and retroactively authorize the provision of these services.

b) For the purposes of billing and determination of the First Year Service Fee as provided in Exhibit B, the first year of service will be presumed to have begun on July 1, 2022.

3) Duration: The term of this Contract shall expire June 30, 2025, unless terminated sooner as provided in Exhibit D.

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CONTRACT FOR

ANIMAL CARE AND CONTROL SERVICES

EXHIBIT D - GENERAL CONDITIONS

1) Termination: Either party may terminate this contract at any time by giving the other party thirty (30) days written notice of termination. Termination for convenience shall have no effect upon the rights and obligations of the parties arising out of any services provided occurring prior to the effective date of such termination. County shall be paid for all work satisfactorily completed prior to the effective date of termination. In the event that the contract is terminated prior to the conclusion of a quarterly billing cycle, the City shall remit to the County a prorated amount based upon the number of days of service relative to the total number of days in the billing cycle.

2) Indemnification: Nothing in the provisions of this Contract is intended to create duties or obligations to, or rights in third parties not party to this contract or affect the legal liability of either party to contract, by imposing any standard of care respecting the regulation and enforcement of laws regarding animals different from the standard of care imposed by law.

It is understood and agreed that neither City, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Contract. It is also understood and agreed that pursuant to Government Code 895.4, County shall defend, indemnify and save harmless the City, its elected officials, officers, and employees from all claims, suits or actions of every name, kind, and description brought forth or on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by the County under this Contract except as otherwise provided by Statute.

It is understood and agreed that neither County nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this Contract. It is also understood and agreed that pursuant to Government Code Section 895.4, the City shall defend, indemnify and save harmless the County, its elected officials, officers and employees from all claims, suits or actions of every name, kind and description brought forth on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by City under under this Contract except as otherwise provided by Statute.

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3) Notices: Any notice, payment, statement, or demand required or permitted to be given hereunder by either party to the other shall be affected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three days after mailing.

Notices for County shall be addressed to:

Eric Anderson
Animal Services Manager
885 Oklahoma Ave.

San Luis Obispo, California 93406
Notices for Contractor shall be addressed to:

Jeff Smith
Chief of Police
1000 Bello Street
Pismo Beach, CA 93449

4) Status of the Parties' Officers/Employees/Agents: Neither party’s officers, employees, agents, partners, other contractors or subcontractors shall be deemed to be employees of the other party at any time. Nothing in this contract shall be construed as creating a civil service employer - employee relationship or a joint venture relationship. No officer, employee, agent, partner, other contractor or subcontractor of the other party shall be eligible for membership in or receive benefits from any plan for hospital, surgical, or medical insurance, or be eligible for membership in any retirement program, paid vacation, paid sick leave, other leave, with or without pay, collective bargaining rights, grievance procedures, appeals to the Civil Service Commission or any other benefits which inure to or accrues to an employee of the other party. The only performance and rights due the other party are those specifically stated in this Contract.

5) Governing Law and Venue: This Contract shall be governed by and construed in accordance with the laws of the State of California. Additionally, this contract has been formed and shall be performed in San Luis Obispo County; the venue for any legal action on the contract shall be in San Luis Obispo County.

6) Entire Agreement: This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without the prior written agreement of the parties.

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7) Severability: In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. 8) Successors and Assigns: This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. 9) Captions: The captions to the various clauses of this Contract are for information purposes only and shall not alter the substance of the terms and conditions of this Contract.
10) Authorization: Each of the parties represents and warrants to the other that this Contract has been duly authorized by all necessary corporate or governmental action on the part of the representing party and that this Contract is fully binding on such party.

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.F
SUBJECT/TITLE:

NEW WATER CONSERVATION INCENTIVE PROGRAMS
RECOMMENDATION:

Adopt a Resolution establishing the Hot Water Recirculation Pump Rebate, Washing Machine Rebate, Rain Barrel Rebate, and Smart Irrigation Controller Rebate programs.

BACKGROUND:

On October 18, 2022, staff provided Council with information on four potential residential water conservation programs that could be initiated in addition to the currently offered Cash for Grass and High-Efficiency Toilet Rebates. The proposed programs would provide residential customers with rebates for the purchase and installation of an approved hot water recirculation pump, washing machine, rain barrels, or smart irrigation controller. Per Council’s direction at that meeting, staff has developed the following incentive programs and recommends that the City Council adopt a Resolution formally establishing the programs.

Hot Water Recirculation Pump Rebate
This program will reimburse residents a one-time $100 for the purchase and installation of a hot water recirculating pump. City staff will collect a valid sales receipt and perform an inspection after installation to verify the unit has been installed before a rebate is issued. To qualify for a rebate, the applicant must:
Be a City of Pismo Beach resident and water customer.
Have a utility account in good standing.
Submit a completed application form.
Purchase a qualifying hot water recirculation pump.
Schedule a post-conversion site visit with a City representative in accordance with the terms and conditions of the rebate program.

Full terms and conditions are provided in Attachment 1.A.

Washing Machine Rebate
This Program will reimburse residents a one-time $150 for the purchase and installation of a CEE (Consortium for Energy Efficiency) Tier 3 washing machine. The machine being replaced must be a non-efficient model. City staff will perform inspections before and after purchase to verify both units before a rebate is issued. To qualify for a rebate, the applicant must:
Be a City of Pismo Beach resident and water customer.
Have a utility account in good standing.
Submit a completed application form.
Participate in a pre-conversion site visit with a City representative. Purchase a qualifying CEE Tier 3 washing machine.

9.F-1Council Agenda 11-1-2022
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 Schedule a post-conversion site visit with a City representative in accordance with the terms and conditions of the rebate program.
 For rental properties, one rebate is allowed per address every three years.

Additional rebates may be issued only if all tenants at the address have turned over.

Full terms and conditions are provided in Attachment 1.B.

Rain Barrel Rebate
This program will pay up to $200 per household ($50 per barrel, with a minimum of two barrels) for the purchase and installation of qualified rain barrels. To qualify for a rebate the applicant must:
 Be a City of Pismo Beach resident and water customer.  Have a utility account in good standing.
 Submit a completed application form.
 Purchase a minimum of two qualifying rain barrels.
 Schedule a post-conversion site visit with a City representative in accordance with the terms and conditions of the rebate program.

Full terms and conditions are provided in Attachment 1.C.

Smart Irrigation Controller Rebate
This program will pay $100 toward the cost of a new irrigation controller and associated sensors. The program covers Rachio irrigation controllers that have local weather station data and reduce irrigation based on weather and evapotranspiration (ET) rate. Different models may be submitted for approval by the City Engineer prior to purchase. To qualify for a rebate the applicant must:
 Be a City of Pismo Beach resident and water customer.  Have a utility account in good standing.
 Submit a completed application form.
 Participate in a pre-conversion site visit with a City representative.  Purchase an approved irrigation controller (preapproval required if not Rachio).  Schedule a post-conversion site visit with a City of Pismo Beach representative in accordance with the terms and conditions of the rebate program.

Full terms and conditions are provided in Attachment 1.D.

Public Outreach
To ensure that residents are educated on the new rebate programs, staff will be taking the following steps to push out information to the public:

Social Media Campaign
Staff will be posting to all of the Nextdoor groups in Pismo Beach as well as the City’s Facebook, Twitter, and Instagram accounts.

9.F-2Council Agenda 11-1-2022
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Direct Mailers
Staff has been working with a consultant to develop a direct-mailer post card that will be sent to every address within the city. Staff will also include a mailer in upcoming water bills and make information available at various City events.

Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) formally establishing the Hot Water Recirculation Pump Rebate, Washing Machine Rebate, Rain Barrel Rebate, and Smart Irrigation Controller Rebate programs.

FISCAL IMPACT:

The Fiscal Year 2023 Water Enterprise Fund water conservation program budget is currently $42,125, not including rebates in progress to support these efforts. The fiscal impact approving the proposed water conservation rebate programs will result in using these funds at a faster rate, and a corresponding reduction in water consumption could result in less revenue to the Water Enterprise Fund, the extent of which is unknown at this time.

ALTERNATIVES:

1. Do not authorize the additional rebate programs; provide staff with direction.

ATTACHMENTS:

1. Resolution

1.A. Hot Water Circulation Pump Rebate information and application package

1.B Washing Machine Rebate information and application package

1.C Rain Barrel Rebate information and application package

1.D Smart Irrigation Controller Rebate information and application package Prepared by: Meeting Date: November 1, 2022
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

9.F-3Council Agenda 11-1-2022
Packet Page 59

RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA ESTABLISHING THE HOT WATER RECIRCULATION PUMP,

WASHING MACHINE REBATE, RAIN BARREL REBATE, AND SMART IRRIGATION

CONTROLLER REBATE PROGRAMS
WHEREAS, California, including San Luis Obispo County, is in the midst of a worsening drought; and
WHEREAS, the City Council has taken actions to protect the City’s water supply and to encourage conservation, most recently declaring a Critical Water Supply Condition via Resolution R-2022-043 and adopting an urgency ordinance enacting a prohibition on the installation of natural turf; and
WHEREAS, in an effort to encourage further conservation, the City Council has directed staff to develop four new water conservation incentive programs; and WHEREAS, the Fiscal Year 2023 Water Enterprise Fund water conservation program budget currently has $42,125, not including rebates in progress, to support these efforts.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby establishes the following water conservation programs: Hot Water Recirculation Rebate (Exhibit A), Washing Machine Rebate (Exhibit B), Rain Barrel Rebate (Exhibit C) and Smart Irrigation Controller Rebate (Exhibit D).

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 1st day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1

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Packet Page 60

Rev. 11/2/2022

HOT WATER RECIRCULATION PUMP

WATER CONSERVATION PROGRAM
Your Water Conservation Representative: Madeline Kacsinta - [email protected] This program is subject to change without notice and is subject to the availability of funding.

Program Goal:

The intent of the Hot Water Recirculation Pump Rebate Program is to encourage customers to save water by reducing the amount of water lost down the drain while waiting for hot water– to save water.

Background:

A hot water recirculation system works using a pump that starts recirculating cooled water that's been sitting in the hot water line and sends it back to the water heater through the cold-water line. When the water reaches a desired temperature, a control turns off the pump. This process is similar to turning on the hot water faucet and letting the water run until it gets hot, but instead of the water going down the drain, it is simply returned back to the water heater—saving water and possibly saving energy depending on how long water is left on. It is estimated that the average household could save up to 12,000 gallons of water per year by installing a hot water recirculation pump.

Rebate Amount for a Hot Water Recirculation Pump
If all of the terms and conditions are satisfied, receive a $100 reimbursement for the purchase and installation of a hot water recirculation pump. The rebate will be mailed to the customer after all requirements have been met.

How to APPLY:

1. Read all terms and conditions of the program

2. Purchase Hot Water Recirculation pump (Hang on to your receipt!)

3. Install Hot Water Recirculation Pump

4. Fill out application: See first page of this document for application

5. E-mail, mail, or turn in application and receipt (dated) to a City representative.

Mail: Attn Madeline Kacsinta, 760 Mattie Road, Pismo Beach CA 93449 E-mail: [email protected] Phone: (805)773-7060

6. Post-retrofit Inspection: After retrofit is 100% completed, call to schedule a post-retrofit inspection with a City Representative to confirm retrofit has been made in accordance with the terms and conditions of the rebate.

7. City Will Mail Rebate Check: Once your post-retrofit inspection has passed, the City Representative will contact the City’s Finance Department to mail a check to the address on the application. Please allow 30 days from post- installation inspection to receive the rebate.

NOTE: The City of Pismo Beach does not warrant or assume any liability for the design, manufacture, installation or operation of any item obtained under this program.

Attachment 1.A

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Packet Page 61

Rev. 11/2/2022

Terms and Conditions:

PLEASE READ THIS INFORMATION CAREFULLY. In order to receive a Hot Water Recirculation Pump rebate from the City, the applicant must completely fill out the application and comply with the requirements on this form. Failure to do so may result in disqualification.

1. The property receiving the device must be a water customer of the City of Pismo Beach.

2. Your utility account must be in good standing.

3. Single-family, multi-family, Homeowner Associations, and certain mixed-used accounts are eligible.

4. The purchase must be made on or after November 2, 2022. The City will not honor rebates for used or reconditioned hot water systems, or hot water systems purchased prior to the above date.

5. The application form must be completely filled out.

6. Applicant must attach a legible copy of a valid, dated sales receipt to this application.

7. Installations must be completed within six (6) months following receipt of the City’s executed agreement.

The converted area must remain in compliance with all program terms and conditions for a period of five (5) years following receipt of the rebate. An applicant may be required to refund the entire rebate, or a portion thereof, if rebate program terms and conditions are violated. Notwithstanding the foregoing, this requirement is void upon transfer of ownership.

8. The City enforces only the terms and conditions of this agreement. The applicant is solely responsible for complying with any and all laws, regulations, policies, conditions, covenants and restrictions that may apply and for any and all liabilities arising out of an installation project. Applicants must also comply with all state and local laws relating to landscape maintenance. The quality, maintenance and appearance of the installation are the exclusive responsibility of the applicant. Rebates may be considered taxable income.

9. The system must be installed in accordance with all relevant building codes prior to submittal.

10. Once the City is notified of an installation project’s completion, the City will conduct an inspection to verify program compliance. If the installation fails inspection, the applicant will be permitted to bring the installation project into compliance with the program terms and conditions for a period of sixty (60) days or the remainder of the six-month period, whichever is greater.

11. For rental properties one rebate per address every three years. Additional rebates may be issued only if all tenants at the address have turned over and system has been removed.

12. Rebate cannot exceed the cost of the Hot Water System purchased.

13. System may be inspected at any time by the City to determine ongoing compliance with the program.

For further information, please contact the Public Works Department at 773-4656, email your Water Conservation Representative at [email protected], or go to www.thinkh2onow.com for more water conservation information.

The number of rebates is limited. Only one rebate will be issued per household.

NOTE: The City of Pismo Beach does not warrant or assume any liability for the design, manufacture, installation or operation of any automatic valve obtained under this program.

Attachment 1.A

9.F-6Council Agenda 11-1-2022
Packet Page 62

Rev. 11/2/2022

HOT WATER RECIRCULATION PUMP

WATER CONSERVATION PROGRAM
Please carefully read all the terms and conditions before filling out this application.

Date: How did you hear about this program?

Customer Name:

(As you would like it to appear on the check; please print clearly) Customer Address:

Installation Address:

(If different from above)
Phone #:

Email Address:

Preferred way to contact you? Email____

Manufacturer & model of system being installed:

Phone ____

Purchase Date and Installation Date:

Purchase Price (not including sales tax)

What is your connection to the property where the recirculation pump is being installed: ___Property Owner ___Tenant
Water Account Number:
(This information may be obtained from a previous water bill)

By signing below, you indicate that you have read and complied with the requirements of the Hot Water Recirculation Pump Rebate Program as outlined above.

Authorized Signature Date

CITY USE ONLY

Date Received:

Date on Sales Receipt:

Date of Approval:

Approved / Signature:

Attachment 1.A

9.F-7Council Agenda 11-1-2022
Packet Page 63

Rev. 11/2/2022

WASHING MACHINE

WATER CONSERVATION PROGRAM
Your Water Conservation Representative: Madeline Kacsinta - [email protected] This program is subject to change without notice and is subject to the availability of funding.

Program Goal:

The intent of the Water Efficient Washing Machine Rebate Program is to encourage the use of water efficient appliances, with the added benefits of energy efficiencies– to save water.

Background:

More than 20% of all water consumed in a home is used in the washing machine. Running a conventional washing machine can use more than 50 gallons of water per cycle. However, there are high-efficiency models that use 50% less water and energy. Most full-sized high-efficiency clothes washers use 18-25 gallons of water per load. Receive up to a $150 rebate with the purchase of a new energy and water efficient washing machine. Continue to save money each month on your water and energy bills!
Rebate Amount for a Water Efficient Washing Machine
If all of the terms and conditions are satisfied, receive a $150 reimbursement for the purchase and installation of a CCE (Consortium for Energy Efficiency) tier 3 washing machine. The rebate will be mailed to the customer after all requirements have been met. For current list of qualifying washers, see www.waterenergysavings.com .

How to APPLY:

1. Fill out application: See first page of this document for application

2. E-mail, mail, or turn in application to a City representative. >>>>
Mail: Attn Madeline Kacsinta, 760 Mattie Road, Pismo Beach CA 93449 E-mail: [email protected] Phone: (805)773-7060

3. Pre-retrofit inspection of existing washing machine: City Staff will contact you to schedule an inspection.

4. Make Approved Update: City Staff will give approval at pre-retrofit inspection.

5. Post-retrofit Inspection: After retrofit is 100% completed, call to schedule a post-retrofit inspection with a City Representative to confirm retrofit has been made in accordance with the terms and conditions of the rebate. (PLEASE HAVE VALID, DATED SALES RECEIPT TO TURN IN TO THE INSPECTOR)

6. City Will Mail Rebate Check: Once your post-retrofit inspection has passed, the City Representative will contact the City’s Finance Department to mail a check to the address on the application. Please allow 30 days from post- installation inspection to receive the rebate.

NOTE: The City of Pismo Beach does not warrant or assume any liability for the design, manufacture, installation or operation of any item obtained under this program.

Attachment 1.B

9.F-8Council Agenda 11-1-2022
Packet Page 64

Rev. 11/2/2022
Terms and Conditions:

PLEASE READ THIS INFORMATION CAREFULLY. In order to receive a Washing Machine rebate from the City, the applicant must completely fill out the application and comply with the requirements on this form. Failure to do so may result in disqualification.

1. The property receiving the washer must be a water customer of the City of Pismo Beach.

2. Your utility account must be in good standing.

3. The machine being replaced must be a non-efficient model.

4. Single-family, multi-family, Homeowner Associations, and certain mixed-used accounts are eligible.

5. The washer must be CEE (Consortium for Energy Efficiency) Tier 3 compliant with a Water Factor of 4.0 or less at the date the application is received from the customer (go to www.waterenergysavings.com for more information).

6. The purchase must be made on or after November 2, 2022. The City will not honor rebates for used or reconditioned washers, or washers purchased prior to the above date.

7. The application form must be completely filled out.

8. Applicant must attach a legible copy of a valid, dated sales receipt to this application.

9. Installations must be completed within six (6) months following receipt of the City’s executed agreement.

Once the City receives notice of installation project completion, any wait time for the City’s final inspection shall not be counted against this six-month period of time. The converted area must remain in compliance with all program terms and conditions for a period of five (5) years following receipt of the rebate. An applicant may be required to refund the entire rebate, or a portion thereof, if rebate program terms and conditions are violated. Notwithstanding the foregoing, this requirement is void upon transfer of ownership.

10. Once the City is notified of an installation project’s completion, the City will conduct an inspection to verify program compliance. If the installation fails inspection, the applicant will be permitted to bring the installation project into compliance with the program terms and conditions for a period of sixty (60) days or the remainder of the six-month period, whichever is greater.

11. The City enforces only the terms and conditions of this agreement. The applicant is solely responsible for complying with any and all laws, regulations, policies, conditions, covenants and restrictions that may apply and for any and all liabilities arising out of an installation project. Applicants are encouraged to consult any applicable covenants, conditions and restrictions (”CC&Rs”) or neighborhood Homeowner’s Association (“HOA”) regulations that may apply to an anticipated installation project prior to submitting an application with the City. Applicants must also comply with all state and local laws relating to landscape maintenance.

The quality, maintenance and appearance of the installation are the exclusive responsibility of the applicant.

Rebates may be considered taxable income.

12. The Washing Machine Rebate Application must be submitted to the City of Pismo Beach and the applicant must participate in a pre-conversion site review conducted by the City prior to the removal of existing washing machine. Conversions that are initiated without the City’s approval are ineligible.

13. The washer must be installed in accordance with all relevant building codes prior to submittal.

14. For rental properties one rebate per address every three years. Additional rebates may be issued only if all tenants at the address have turned over.

15. Schedule a post-installation site visit with a City of Pismo Beach representative once installation has been completed in accordance with the terms and conditions of the rebate program.

16. Washing machine may be inspected at any time by the City to determine ongoing compliance with the program.

Attachment 1.B

9.F-9Council Agenda 11-1-2022
Packet Page 65

Rev. 11/2/2022
For further information, please contact the Public Works Department at 773-4656, email your Water Conservation Representative at [email protected], or go to www.thinkh2onow.com for more water conservation information.

The number of rebates is limited. Only one rebate will be issued per household.

NOTE: The City of Pismo Beach does not warrant or assume any liability for the design, manufacture, installation or operation of any automatic valve obtained under this program.

Attachment 1.B

9.F-10Council Agenda 11-1-2022
Packet Page 66

Rev. 11/2/2022

WASHING MACHINE

WATER CONSERVATION PROGRAM
Please carefully read all the terms and conditions before filling out this application.

Date: How did you hear about this program?

Customer Name:

(As you would like it to appear on the check; please print clearly) Customer Address:

Installation Address:

(If different from above)
Phone #:

Email Address:

Preferred way to contact you? Email____

Make and model of machine being installed:

Phone ____

Existing make and model of machine:

Indicate efficiency rating on new machine

What is your connection to the property where the washing machine is being installed: ___Property Owner ___Tenant
Water Account Number:
(This information may be obtained from a previous water bill)

By signing below, you indicate that you have read and complied with the requirements of the Washing Machine Rebate Program as outlined above. You must call for an inspection: (805) 773-4656.

Authorized Signature Date

CITY USE ONLY

Date Received:

Pre-Inspection Date:

Post-Inspection Date:

Approved / Signature:

Attachment 1.B

9.F-11Council Agenda 11-1-2022
Packet Page 67

Rev. 11/2/2022

RAIN BARREL

WATER CONSERVATION PROGRAM
Your Water Conservation Representative: Madeline Kacsinta - [email protected] This program is subject to change without notice and is subject to the availability of funding.

Program Goal:

The intent of the Rain Barrel Rebate Program is to encourage the use of rain barrels as tools to harvest rain water and supplement the existing potable water supply– to save water.

Background:

Rain water that falls on the roofs of homes or buildings can be collected and conveyed through the roof gutter and down the spouts to a rain barrel. The collected water in the barrel can then be used for watering plants or irrigating gardens.

Please note that this reclaimed water is not for drinking purposes. The collected water should only be used to irrigate plants, gardens or yards. Continue to save money each month on your water bill! Rebate Amount for a Rain Barrel
If all of the terms and conditions are satisfied, the program will reimburse residents up to $200 ($50 per rain barrel with a 2 barrel minimum on each rebate) when up to four rain barrels are purchased and installed in order to utilize rain water, conserve potable water and reduce stormwater runoff. Only four rain barrel reimbursements per property. The rebate will be mailed to the customer after all requirements have been met. A valid receipt must be provided when the post-installation appointment occurs.

How to APPLY:

1. Fill out application: See first page of this document for application

2. E-mail, mail, or turn in application to a City representative. >>>>
Mail: Attn Madeline Kacsinta, 760 Mattie Road, Pismo Beach CA 93449 E-mail: [email protected] Phone: (805)773-7060

3. Make Approved Update: City Staff will give approval after reviewing the application.

4. Post-retrofit Inspection: After retrofit is 100% completed, call to schedule a post-retrofit inspection with a City Representative to confirm retrofit has been made in accordance with the terms and conditions of the rebate. (PLEASE HAVE VALID, DATED SALES RECEIPT TO TURN IN TO THE INSPECTOR)

5. City Will Mail Rebate Check: Once your post-retrofit inspection has passed, the City Representative will contact the City’s Finance Department to mail a check to the address on the application. Please allow 30 days from post- installation inspection to receive the rebate.

NOTE: The City of Pismo Beach does not warrant or assume any liability for the design, manufacture, installation or operation of any item obtained under this program.

Attachment 1.C

9.F-12Council Agenda 11-1-2022
Packet Page 68

Rev. 11/2/2022

Terms and Conditions:

PLEASE READ THIS INFORMATION CAREFULLY. In order to receive a Rain Barrel rebate from the City, the applicant must completely fill out the application and comply with the requirements on this form. Failure to do so may result in disqualification.

1. The property receiving the rebate must be a water customer of the City of Pismo Beach.

2. Your utility account must be in good standing.

3. Schedule a post-installation site visit with a City of Pismo Beach representative once the rain barrels have been installed in accordance with the terms and conditions of the rebate program.

4. Minimum Barrel Size: 50 gallons

5. Rain barrels must be designed for the intended purpose of rain capture.

6. The rain barrels must be mounted in a way that allows the barrel to receive water unimpeded from a rain gutter.

7. The rain barrels should not block or restrict access to walkways or pathways.

8. The rain barrels should not be connected to the irrigation system and must be distributed through a hose or bucket.

9. The rain barrels should be elevated at least 6 inches off the ground on a solid foundation.

10. The rain barrels should be strapped to your home for safety if the height of the barrel is two times greater than the width.

11. The rain barrels require a lid to prevent the attraction of unwanted insects.

12. There is a maximum of four rain barrels allowed per address for a maximum rebate of $200.

13. Two rain barrels (minimum) must be installed to qualify for this program.

14. Homemade rain barrels do not qualify for rebates.

15. The application form must be completely filled out.

16. Applicant must attach a legible copy of a valid, dated sales receipt to this application.

17. Installations must be completed within six (6) months following receipt of the City’s executed agreement.

Once the City receives notice of installation project completion, any wait time for the City’s final inspection shall not be counted against this six-month period of time. The converted area must remain in compliance with all program terms and conditions for a period of five (5) years following receipt of the rebate. An applicant may be required to refund the entire rebate, or a portion thereof, if rebate program terms and conditions are violated. Notwithstanding the foregoing, this requirement is void upon transfer of ownership.

18. Once the City is notified of an installation project’s completion, the City will conduct an inspection to verify program compliance. If the installation fails inspection, the applicant will be permitted to bring the installation project into compliance with the program terms and conditions for a period of sixty (60) days or the remainder of the six-month period, whichever is greater.

19. The City enforces only the terms and conditions of this agreement. The applicant is solely responsible for complying with any and all laws, regulations, policies, conditions, covenants and restrictions that may apply and for any and all liabilities arising out of an installation project. Applicants are encouraged to consult any applicable covenants, conditions and restrictions (”CC&Rs”) or neighborhood Homeowner’s Association (“HOA”) regulations that may apply to an anticipated installation project prior to submitting an application Attachment 1.C

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Rev. 11/2/2022

20. with the City. Applicants must also comply with all state and local laws relating to landscape maintenance.

The quality, maintenance and appearance of the installation are the exclusive responsibility of the applicant.

Rebates may be considered taxable income.

21. Conversions that are initiated without the City’s approval are ineligible.

22. The rain barrels configuration may be inspected at any time by a City representative.

For further information, please contact the Public Works Department at 773-4656, email your Water Conservation Representative at [email protected], or go to www.thinkh2onow.com for more water conservation information.

The number of rebates is limited. Only one rebate will be issued per household.

NOTE: The City of Pismo Beach does not warrant or assume any liability for the design, manufacture, installation or operation of any automatic valve obtained under this program.

Attachment 1.C

9.F-14Council Agenda 11-1-2022
Packet Page 70

Rev. 11/2/2022

RAIN BARREL

WATER CONSERVATION PROGRAM
Please carefully read all the terms and conditions before filling out this application.

Date: How did you hear about this program?
Customer Name:
(As you would like it to appear on the check; please print clearly) Customer Address:

Address where rain barrels are installed:
(If different from above)

Preferred Contact Phone Number: Email Address:

Number of Rain Barrels: Lot Size (sf):

Volume of Rain Barrel(s) (gallons): Square Footage of Home (sf):

Name of Business where Barrel(s) were purchased:

What is your connection to the property where the rain barrels are being installed: ___Property Owner ___Tenant

Water Account Number:
(This information may be obtained from a previous water bill)

By signing below, you indicate that you have read and complied with the requirements of the Rain Barrel Rebate Program as outlined above. You must call for an inspection: (805) 773-4656.

Authorized Signature Date

CITY USE ONLY

Date Received:

Post-Inspection Date:

Approved / Signature:

Attachment 1.C

9.F-15Council Agenda 11-1-2022
Packet Page 71

Rev. 11/2/2022

SMART IRRIGATION CONTROLLER

WATER CONSERVATION PROGRAM
Your Water Conservation Representative: Madeline Kacsinta - [email protected] This program is subject to change without notice and is subject to the availability of funding.

Program Goal:

The intent of the program is to increase irrigation efficiency and promote healthy and attractive landscaping within the City of Pismo Beach – to save water.

Background:

A new generation of irrigation controllers are now available that automatically adjust irrigation scheduling based on the site and weather conditions. These controllers stop irrigating when it rains and applies for water when it is dry. They also will automatically cycle and soak to reduce runoff on slops. Receive a $100 rebate for a smart irrigation controller from the City of Pismo Beach. Continue to save money each month on your water bills! Rebate Amount for Smart Irrigation Controller
If all of the terms and conditions are satisfied, a rebate of $100 will be mailed to the applicant. $100 rebate is not to exceed the cost of the controller, sensors, and/or installation.

How to APPLY:

1. Fill out application: See first page of this document for application

2. E-mail, mail, or turn in application to a City representative. >>>>
Mail: Attn Madeline Kacsinta, 760 Mattie Road, Pismo Beach CA 93449 E-mail: [email protected] Phone: (805)773-7060

3. Pre-retrofit inspection of existing irrigation system: City Staff will contact you to schedule an inspection.

4. Make Approved Update: City Staff will give approval at pre-retrofit inspection.

5. Post-retrofit Inspection: After retrofit is 100% completed, call to schedule a post-retrofit inspection with a City Representative to confirm retrofit has been made in accordance with the terms and conditions of the rebate. (PLEASE HAVE VALID, DATED SALES RECEIPT TO TURN IN TO THE INSPECTOR)

6. City Will Mail Rebate Check: Once your post-retrofit inspection has passed, the City Representative will contact the City’s Finance Department to mail a check to the address on the application. Please allow 30 days from post- installation inspection to receive the rebate.

NOTE: The City of Pismo Beach does not warrant or assume any liability for the design, manufacture, installation, or operation of any item obtained under this program.

Attachment 1.D

9.F-16Council Agenda 11-1-2022
Packet Page 72

Rev. 11/2/2022

Terms and Conditions:

PLEASE READ THIS INFORMATION CAREFULLY. In order to receive a Smart Controller rebate from the City, the applicant must completely fill out the application and comply with the requirements on this form. Failure to do so may result in disqualification.

1. The property receiving the irrigation retrofit rebate must be a water customer of the City of Pismo Beach.

2. Your utility account must be in good standing.

3. Single-family, multi-family, Homeowner Associations, and certain mixed-used accounts are eligible.

4. The purchase must be made on or after November 2, 2022. The City will not honor rebates for used or reconditioned controllers or controllers purchased prior to the above date.

5. Program does not apply for those with an existing smart irrigation controller.

6. The application form must be completely filled out.

7. Applicant must attach a legible copy of a valid, dated sales receipt to this application.

8. The Smart Controller must be installed in accordance with all relevant building codes prior to submittal.

9. Conversions must be completed within six (6) months following receipt of the City’s executed agreement. Once the City receives notice of conversion project completion, any wait time for the City’s final inspection shall not be counted against this six-month period of time. The converted area must remain in compliance with all program terms and conditions for a period of five (5) years following receipt of the rebate. An applicant may be required to refund the entire rebate, or a portion thereof, if rebate program terms and conditions are violated.

Notwithstanding the foregoing, this requirement is void upon transfer of ownership.

10. Once the City is notified of a conversion project’s completion, the City will conduct an inspection to verify program compliance. If the conversion fails inspection, the applicant will be permitted to bring the conversion project into compliance with the program terms and conditions for a period of sixty (60) days or the remainder of the six-month period, whichever is greater.

11. The City enforces only the terms and conditions of this agreement. The applicant is solely responsible for complying with any and all laws, regulations, policies, conditions, covenants and restrictions that may apply and for any and all liabilities arising out of a conversion project. Applicants are encouraged to consult any applicable covenants, conditions and restrictions (”CC&Rs”) or neighborhood Homeowner’s Association (“HOA”) regulations that may apply to an anticipated conversion project prior to submitting an application with the City.

Applicants must also comply with all state and local laws relating to landscape maintenance. The quality, maintenance and appearance of the conversion are the exclusive responsibility of the applicant. Rebates may be considered taxable income.

12. The Smart Irrigation Controller Rebate Application must be submitted to the City of Pismo Beach and the applicant must participate in a pre-conversion site review conducted by the City prior to the removal of existing irrigation materials. Conversions that are initiated without the City’s approval are ineligible.

13. Rebates shall be on a one-time basis per address or customer.

14. Schedule a post-conversion site visit with a City of Pismo Beach representative once conversion has been completed in accordance with the terms and conditions of the rebate program.

15. Irrigation system may be inspected at any time by the City to determine ongoing compliance with the program.

16. Applications will only be accepted in-person, by mail, or e-mail. Applications should be turned in or mailed to:

CITY OF PISMO BEACH, PUBLIC WORKS DEPARTMENT, ATTN: MADELINE KACSINTA, 760 MATTIE ROAD, PISMO BEACH, CA, 93449
Email: [email protected]

Attachment 1.D

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Rev. 11/2/2022

17. You must purchase the approved Rachio Smart Controller. Different products may be submitted for approval at the discretion of the City Engineer.

APPROVED SMART IRRIGATION CONTROLLER/SENSOR:

Manufacturer: Rachio
Product: 3rd Generation
What Makes it
Smart?
Connects with local weather,
automatically skips unnecessary
watering days, supports local
water restrictions, can be
controlled from a smart device.

Program does not apply for those with an existing smart irrigation controller.

For further information, please contact the Public Works Department at 773-4656, email your Water Conservation Representative at [email protected], or go to www.thinkh2onow.com for more water conservation information.

The number of rebates is limited. Only one rebate will be issued per household.

NOTE: The City of Pismo Beach does not warrant or assume any liability for the design, manufacture, installation or operation of any automatic valve obtained under this program.

Attachment 1.D

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Rev. 11/2/2022

SMART IRRIGATION CONTROLLER

WATER CONSERVATION PROGRAM
Please carefully read all the terms and conditions before filling out this application.

Date: How did you hear about this program?

Customer Name:

(As you would like it to appear on the check; please print clearly) Customer Address:

Installation Address:

(If different from above)
Phone #:

Email Address:

Preferred way to contact you? Email____

Type/model of controller being installed:

Phone ____

Existing type of irrigation (i.e. drip):

Indicate number of irrigation stations/valves:

What is your connection to the property where the irrigation controller is being installed? ___Property Owner ___Tenant
Water Account Number:
(This information may be obtained from a previous water bill)

By signing below, you indicate that you have read and complied with the requirements of the Smart Irrigation Rebate Program as outlined above. You must call for an inspection: (805) 773-4656.

Authorized Signature Date

CITY USE ONLY

Date Received:

Pre-Inspection Date:

Post-Inspection Date:

Approved / Signature:

Attachment 1.D

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.G
SUBJECT/TITLE:

CONTRACT WITH ALEXANDER’S CONTRACT SERVICES, INC. TO PROVIDE

WATER METER READING SERVICES
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to enter into an agreement with Alexander’s Contract Services, Inc. to provide water meter reading services from December 1, 2022 to November 30, 2027.

EXECUTIVE SUMMARY:

The City of Pismo Beach has contracted with Alexander’s Contract Services, Inc. (Alexander’s) to provide meter reading services for all water meters located in Pismo Beach for many years. The last multi-year agreement expired in March 2022; therefore, the current services are being provided to the City on a month-to-month basis with the same terms. The City requires its water meters to be read manually and staff are in the process of negotiating a new contract with Alexander’s for the same services for the next five-year term. Although the City has had challenges in the past with Alexander’s services, several of staff’s concerns are addressed in the new proposed agreement. Staff is not aware of any other company that provides this meter reading service to this area, and as such the City has limited options for providers. Fortunately, in accordance with the City’s Smart Cities Strategy, the City is actively pursuing automated meters over the next year to reduce the need for this service in the future. In the meantime, in order to ensure continuity of service, staff recommends that Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter in an agreement with Alexander’s Contract Services contract (Attachment 1.A) to provide water meter reading services for the City of Pismo Beach.

BACKGROUND
The City of Pismo Beach provides utility billing services for both water and sewer service charges. Utility billing is performed on a bi-monthly basis and billed to customers every two months. The charges are based on both fixed and variable rates, depending on the meter size and type of classification. The variable water charges are based on data collected from meter reads, which is the service that Alexander’s provides. Each month, Alexander’s provides water usage data to City staff electronically, who then import the information to the financial system and from there, prepare the bills to be mailed out by the 15th of each month.

Challenges with Current Agreement
Under the current contract arrangement, there have been challenges with the timing of receiving the meter reads to meet the billing deadline of the 15th of each month. In addition, the quality of the meter reads has been inadequate at times, resulting in City staff having to manually verify 120 to 200 meter reads at a time. Alexander’s has had

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challenges meeting the last contract’s timing of providing the reads due to its own staffing issues, and managing the cost of rising fuel costs.

Proposed Contract Modifications from 2016-2022 Agreement The current agreement is in the same format as the last agreement with the following more substantial changes listed below:

1. Section 1, Scope of Work: Changes to the Meter read dates to allow Alexander’s more flexibility on the timing of providing the meter reads to the City.

Meter reads will be performed over one to two days of each month, between the 3rd and 5th business day of every month, with the data given to the City within 72 hours after meter reads are completed by Contractor each month. The City agrees to have the file imported to the website by the 2nd business day of the month. Any changes to these read dates will need to be approved by both Alexander’s and Pismo Beach staff.

2. Section 3, Paragraph 1: Alexander’s increase in per-meter cost; base fee does not change.

There will be a base rate fee of $667.87 per month (no change from the prior agreement), and the price per meter will be as follows (prior agreement is currently $1.03 per meter read with CPI adjustment):
a. Effective December 1, 2023 the per-meter price for manually-read meters will be $1.20 per meter read.
b. Effective December 1, 2024 the per-meter price for manually-read meters will be $1.22 per meter read.
c. Effective December 1, 2025 the per-meter price for manually-read meters will be $1.24 per meter read.
d. Effective December 1, 2026 the per-meter price for manually-read meters will be $1.26 per meter read.

3. Section 3, Paragraph 4: Increase from $15 to $18 per meter credited to the City for any reads that Pismo Beach staff is required to perform.

The City of Pismo Beach will not be charged for meter reads that are read incorrectly, and will be credited by $18.00 per meter for any rereads that the Pismo Beach staff is required to perform over and above a 2/10% (2 per 1,000 reads) on a monthly basis after Alexander’s provides the final reads.

4. New Section 4 Fuel Escalation Cause.

The per meter price increases by 3% increments for every $0.50 increase in the price per gallon of regular gasoline, starting with a 3% increase when the price per gallon of regular gasoline exceeds $6.00 per gallon.

5. Section 12 Indemnification: The contractor’s counsel and the City Attorney have negotiated adjustments to the indemnification provisions of the contract.

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Conclusion and Recommendation
Adopt a Resolution (Attachment 1) authorizing the City Manager to enter into an agreement with Alexander’s Contract Services, Inc. to provide water meter reading services for the City of Pismo Beach from December 1, 2022 to November 30, 2027.

FISCAL IMPACT:

The fiscal impact of approving the subject Resolution is an estimated $45,000 to $50,000 per year, split between the Water Enterprise Fund and the Wastewater Enterprise Fund budget. There is a sufficient budget in these funds in the contract services accounts to support this cost in fiscal year 2023.

ALTERNATIVES:

1. Do not approve the Resolution; provide staff with alternative direction on how to determine the monthly meter reads.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Alexander’s Contract Services, Inc. Agreement Prepared by: Meeting Date: November 1, 2022
Nadia Feeser, Administrative Services Director
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 ALEXANDER’S CONTRACT SERVICES, INC. TO PROVIDE WATER METER READING SERVICES FROM DECEMBER 1, 2022 TO
NOVEMBER 30, 2027
WHEREAS, the City of Pismo Beach has contracted with Alexander’s Contract Services, Inc. to provide meter-reading services for all water meters located in Pismo Beach for many years; and
WHEREAS, the last multi-year agreement expired in March 2022, therefore, the current services are being provided to the City on a month-to-month basis with the same terms; and
WHEREAS, both City staff and Alexander’s have experienced challenges with the prior agreement and have negotiated changes to the agreement, including the timing of preparing and submitting the meter reads to the City, an updated per-meter read cost, an increased credit due back to the City for any rereads that City staff is required to perform beyond a given error rate, adding a fuel escalation clause, and other minor changes; and WHEREAS, the estimated cost of this agreement is approximately $50,000 per year, split between the Water Enterprise Fund and the Wastewater Enterprise Fund budget; there is a sufficient budget in these funds in the contract services accounts to support this cost in Fiscal Year 2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter in an agreement (Exhibit A) with Alexander’s Contract Services, Inc. to provide water meter reading services for the City of Pismo Beach from December 1, 2022 to November 30, 2027, which should not exceed $50,000 per year, or $250,000 over five years.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 1st day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________
Ed Waage, Mayor
________________________
Erica Inderlied, City Clerk

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Agreement for Data Collection Services
This Agreement is made and entered into as of December 1, 2022 (“Effective Date”) by and between City of Pismo Beach ("the City") and Alexander's Contract Services, Inc. ("Contractor")
Recitals
A.The City desires to continue to engage Contractor as its independent contractor and Contractor desires to continue the Services Agreement with the City to read the City's Water Meters.

Agreement
Now therefore, the City and Contractor hereby mutually agree as follows:

Section 1 – Scope of Work:

Contractor will provide all of the services and personnel necessary to read each of the City's Water Meters and report resulting reads via web interface to the City. It is understood that during the term of the Agreement the number of City meters may increase or decrease. Any such increase or decrease will not alter the terms and provisions of this agreement.

Meter reads will be performed over one to two days of each month, between the 3rd and 5th business day of every month, with the data given to the City within 72 hours after meter reads are completed by Contractor each month. The City agrees to have the file imported to the website by the 2nd business day of the month. Any changes to these read dates will need to be approved by both Alexander’s and Pismo Beach staff.

Section 2 – Equipment:

Contractor will provide all the necessary vehicles and computerized meter reading equipment necessary to read all of the City's meters and to process the resulting readings for the City's billing system. Contractor acknowledges that it is familiar with the City's billing equipment and software input requirements and agrees that the meter reads can be provided in a format acceptable to the existing software and equipment. In the event the City changes its billing software, Contractor agrees to work with the City to implement its new system.

Section 3 – Compensation for Services:

The City will compensate Contractor for Contractor's services rendered under this agreement at the rate of $1.20 per meter for manually-read meters for each month the meter is read by Contractor. Should this Agreement be extended pursuant to Section 9, the City will compensate Contractor for Contractor’s services as follows during such extension periods:

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Effective December 1, 2023 the per-meter price for manually-read meters will be $1.20 per meter read.

Effective December 1, 2024 the per-meter price for manually-read meters will be $1.22 per meter read.

Effective December 1, 2025 the per-meter price for manually-read meters will be $1.24 per meter read.

Effective December 1, 2026 the per-meter price for manually-read meters will be $1.26 per meter read.

In addition, during the term of this Agreement, and during each extension year, if any, the City will pay Contractor the annual sum of $8,014.44, which will be billed out monthly, (at a rate of $667.87) with each bill for services to the City, for Contractor’s computer processing of the meter reading data submitted to the City.

The City will not be charged extra for additional attempts to read a meter pursuant to Section 6 which is not readily available to Contractor on the first attempt, for meters not found by the Contractor on the first attempt or for re-reads of meters to verify accuracy or correct errors prior to completion of read file by Contractor. Contractor will send invoices via email at the completion of reading, and invoices are due and payable upon receipt.

Any invoices not paid within 30 days will incur interest at the rate of seven percent annually.

The City of Pismo Beach will not be charged for meter reads that are read incorrectly and will be credited $18.00 per meter for any rereads that the Pismo Beach staff is required to do on a monthly basis after Alexander’s provides the final reads. This applies only to meters that were read incorrectly in the read file given to the contractor and above the agreed upon error rate per Section 5. If the City staff shows the meter was read incorrectly, this credit will be given on the following month’s invoice. As it can take a full billing cycle before misread meter reads are discovered, the credit of $18.00 per misread meter is applicable when found and corrected by the City. Notwithstanding the foregoing, if Contractor complies with a request from the City to provide a reading for a meter that Contractor finds it unusually difficult to read as described in Section 6, such reading will not be subject to any credit pursuant to this paragraph.

Section 4 – Fuel Escalation Clause
For the purposes of calculating the fuel escalation charges in this Section, the US Energy Information Administration website will be used as the benchmark for gas prices:
https://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_sca_w.htm Weekly Retail Gasoline and Prices data will be used with the following filters: Area: California
Period: Weekly
The first day of the billing month for which the website shows data for Regular Grade Gasoline will be used as the benchmark price.

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a)If and when the price per gallon is between $6.00 and $6.50, inclusive the manually read meter read will be increased by 3%, rounded down to the nearest penny. b)If and when the price per gallon is between $6.51 and $7.00, inclusive the manually read meter read will be increased an additional 3% above the read in subsection (a) rounded down to the nearest penny.
c)If and when the price per gallon is between $7.01 and $7.50, inclusive the manually read meter read will be increased an additional 3% above the read in subsection (b) rounded down to the nearest penny.
d)If and when the price per gallon is between $7.51 and $8.00, inclusive the manually read meter read will be increased an additional 3% above the read in subsection (c) rounded down to nearest penny.
*Note. If and when the price per gallon goes back down, the manually read meter read price will decrease to the rates set forth in the above escalation clause. Should the price per gallon be below $6.00, no fuel escalation charge shall be applied.

Section 5 – Meter Reading Rate of Error:

Contractor represents that the error for each meter reading monthly cycle will not exceed 2/10th% of the total number of manual meters read during the cycle. Upon notice from the City, Contractor will take all of the steps necessary to correct any error and report the corrected reading to the City in a timely manner. The City shall seek reimbursement at the cost of $18.00 per meter for mis-read errors over and above 2/10% (2 Per 1,000 reads). For the avoidance of doubt, meters that Contractor is unable to read or finds it unusually difficult to read, as described in Section 6, will not be counted as errors for purposes of this Section 5.

Section 6 – Access to Meters:

Contractor will report in writing to the City, at the time the results of meter reading is reported to the City, all the meters which Contractor is unable to read or finds it unusually difficult to read for any reason whatsoever. The report may include, but is not limited to, meters that cannot be read as a result of issues with City infrastructure or equipment, access to meters being denied or made impossible because of the location of vehicles or equipment parked nearby, other obstacles have been placed over or near the meter, or a meter that may have been paved over.

Contractor shall use reasonable efforts to make one re-read of a meter which has been temporarily obstructed. Any meters that Contractor cannot read, after making one reasonable attempt to re-read within the reading cycle, will become the responsibility of the City once reported to the City as described herein. Contractor shall have no responsibility to read such meters until such time as the City has provided normal access.

All unread meters will have a photo and note explaining why the meter was not read.

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Section 7 – Notes and Maintenance Reports:

Contractor will supply the City with a current computer-generated list of any maintenance which, in the opinion of Contractor, needs to be done by the City to its water distribution system in order that Contractor may perform its duties and services hereunder in a timely and accurate manner. Contractor represents that it has made itself familiar with the City's distribution systems and equipment and, as of the date of the execution of this Agreement, Contractor represents that the condition of the system will not prevent Contractor from a timely performance hereunder.

Section 8 – Identification of Meter Readers/Customer Complaints:

Contractor shall ensure that all employees engaged in meter reading services shall be prominently identified as such, with uniforms or other distinctive means of identifying the employee as a meter reader. The parties agree that the standard uniform currently in use by Contractor’s employees as of the date of this Agreement will satisfy this Section

8. In the event that the City receives complaints or inquiries from its customers concerning meter readings, the City shall contact the Contractor within two business days from date/time the complaint was received. Contractor agrees to cooperate with the City and use its reasonable best efforts to furnish information to the City to assist in its responses.

Section 9 – Term and Termination:

The term of this Agreement shall be one year from the Effective Date, unless otherwise terminated as provided in this Section. This Agreement shall automatically renew for one-year periods, to a maximum of four additional one-year renewals, on the same terms and conditions, with a per-meter rate adjustment as set forth in Section 3, unless either party gives written notice to the other of its intention to not renew this Agreement at least 120 days prior to the end of the term or any extension.

This Agreement may be terminated by the City, if (1) Contractor fails to perform satisfactorily any of the terms and conditions of the Agreement and (2) Contractor thereafter fails to satisfactorily perform within ten (10) days of receipt of written notice from the City specifying the manner in which Contractor has failed to perform satisfactorily. In the event of termination of the Agreement under this paragraph, the City shall provide Contractor with written notice of the effective date of termination. Contractor shall cease work upon the: effective date of termination and shall not incur further expenses in connection with the services. Contractor shall not be entitled to compensation from the City for services performed or expenses incurred after the date of termination.

However, Contractor shall be entitled to compensation for services performed satisfactorily prior to the date of termination.

Notwithstanding any other provision of this Agreement, City and Contractor shall each have the right to terminate this Agreement upon thirty (30) days written notice to the

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other party. In the event of termination of the Agreement under this paragraph, Contractor shall within ten (10) days after the date of termination, provide the City with a final statement. Upon receipt by the City of this final statement, the City shall pay Contractor in the amounts and in the manner required by this Agreement.

Section 10 – Workers' Compensation Insurance:

By the signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provision of that code, and Contractor will comply with such provisions before commencing the performance of the work of this agreement.

Section 11 – Commercial General Liability, Automobile Liability and Professional Liability Insurance:

Contractor shall provide and maintain the following commercial general liability, professional liability and automobile liability insurance:

A.Coverage - Contractor shall maintain coverage at least as broad as the following:

1.Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001)

2.Insurance Services Office Automobile Liability Coverage (Form CA 0001)

3.Coverage for Professional Liability appropriate to the Contractor's profession covering Contractor's wrongful acts, negligent acts, errors or omissions. The retroactive date (if any) is to be no later than the effective date of' this agreement.

B.Limits - Contractor shall maintain limits no less than the following:

1.General Liability - Two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit or products-completed operations aggregate limit is used, either the general aggregate limit shall apply separately to this agreement (with the insurer's endorsement provided to the City) or the general aggregate limit and products- completed operations aggregate limit shall be twice the required occurrence limit.

2.Automobile Liability - One million dollars ($1,000,000) per occurrence for bodily injury and property damage for all vehicles used by Contractor in performing the services under this Agreement.

3.Professional Liability - One million dollars ($1, 000,000) per occurrence and annual aggregate.

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C.Required Provisions - The General liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1.The City, its elected and appointed officials, officers, employees, and authorized volunteers are to be named additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles and other vehicles owned, leased, hired or borrowed by the Contractor. The Coverage shall contain no special limitations on the scope of protection afforded to the City, its elected and appointed officials, officers, employees, and authorized volunteers.

2.For any claims related to services rendered under this agreement, the Contractor's insurance shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, and authorized volunteers. Any insurance, self- insurance, or other coverage maintained by the City, its elected and appointed officials, officers, employees, or authorized volunteers shall not contribute to it.

3.Any failure by Contractor to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its elected and appointed officials, officers, employees, or authorized volunteers.

4.The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5.Each insurance policy required by this section shall state or be endorsed to state that coverage shall not be cancelled by either party except after thirty (30) days (10 days for non-payment of premium) prior written notice by U.S. mail has been given to the City. The general liability policy shall cover bodily injury (including death), property damage, personal injury, owned and non owned equipment, blanket contractual liability and completed operations and products liability.

The automobile liability policy shall cover all owned, non-owned and hired automobiles and other vehicles.

Section 12 – Indemnification:

The Contractor shall indemnify and save harmless the City and its representatives from and against all losses and claims, demands, suits, actions, payments, and judgments arising from personal injury or otherwise, brought or recovered against the City or its agents, employees, or representatives, proximately caused by the negligence or willful misconduct of the Contractor, its agents, servants or employees, in the execution of the contracted work, including any and all expense, legal and otherwise, incurred by the City or its representatives in the defense of any claim or suit.

For purposes of this paragraph, (i) the City will advise Contractor of any incident

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that may lead to a loss, claim, demand, suit, action, payment and/or judgment prior to formally seeking indemnification from and/or seeking to be held harmless by Contractor; and (ii) the City will give Contractor at least ten (10) calendar days to provide the City with pictures and/or other mechanisms of proof that any such loss, claim, demand, suit, action, payment, and/or judgment was not proximately caused by the negligence or willful misconduct of the Contractor, its agents, servants or employees, in the execution of the contracted work.

Section 13 – Laws, Regulations and Permits:

The Contractor shall give all notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of the work. The Contractor shall be liable for all violations of the law by Contractor in connection with work furnished by the Contractor. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, the Contractor shall bear all costs arising therefrom.

Section 14 – Safety:

The Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its work, the Contractor shall, at all times, exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed, and be in compliance with all federal, state and local statutory and regulatory requirements including State of California, Division of Industrial Safety (Cal/OSHA) regulations, and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act (as applicable).

Section 15 – Miscellaneous Provisions:

A.Independent Contractor: Contractor is an independent contractor and shall not be deemed to be the employee or agent of the City. Contractor is not to be considered an agent or employee of the City for any purpose and the officers, employees and agents of Contractor are not entitled to any of the benefits that the City provides for its employees, including but not limited to, workers’ compensation insurance.

Contractor shall assume responsibility for payment of all federal state and local taxes or contributions imposed as required under employment insurance, social security, and income tax laws with respect to Contractor's employees engaged in the performance of this Agreement.

B.Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of the State of California with venue proper only in the County of San Luis Obispo, State of California.

C.Interpretation: The provisions and language of this Agreement shall be interpreted in accordance with the plain meaning thereof and shall not be construed for or

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against any of the parties hereto.

D.Headings: The headings used in this Agreement are for convenience and reference only and shall not be utilized in the construction of the terms or provision of this Agreement.

E.Severability: If any term, provision, covenant or condition of this Agreement shall be or become illegal, null, void or against public policy, or shall be held by any court of competent jurisdiction to be illegal, null, void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated. The term, provision, covenant or condition that is so invalidated, voided or held to be unenforceable, shall be modified or changed by the parties to the extent possible to carry out the intentions and directives set forth in this agreement.

F. Assignment: Except as expressly provided herein, no party shall have the right to assign its rights or delegate any of its obligations or duties hereunder without the express written consent of the other party.

G.Waiver: The waiver of any breach of any provision hereunder by any party to this agreement shall not be deemed to be a waiver of any preceding or subsequent breach hereunder, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

H.Notices: All notices, approvals, acceptance, demands and other communications required or permitted hereunder, to be effective, shall be in writing and shall be delivered either in person or by mailing the same by United States mail (postage prepaid, registered or certified, return receipt requested) or by Federal Express or similar overnight delivery service to the party to whom the notice is directed at the address of each such party as follows.

To: City of Pismo Beach
City Manager
City of Pismo Beach 760 Mattie Road
Pismo Beach, CA 93449
To: Alexander's Contract Services
Tim Alexander
Alexander's Contract Services
8655 Morro Road Suite "C"
Atascadero, CA 93422
Any written communications given by mail shall be deemed delivered two (2) business days after such mailing date and any written communications given by overnight delivery service shall be deemed delivered on (1) business day after the dispatch date. Any party may change its address by giving the other parties written notice of its new address as herein provided.

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I.Conduct/Appearance: As a contractor providing services for the City, Contractor shall ensure that each person employed by the Contractor shall maintain a professional appearance and demeanor while providing services for the City.

Contractor shall ensure that its employees are dressed in professional-looking uniforms that are clean and free from rips and holes, and that identify the employees as a “meter reader”. Contractor shall not permit its employees to drive in an erratic manner while providing services for the City, nor to operate any motorized vehicle on sidewalks or other places prohibited by law. Contractor shall ensure that while they are providing services on behalf of the City, Contractor's employees do not spit on public or private property, that they refrain from profane or obscene language, and that they do not engage in any actions that generate complaints to the City regarding Contractor’s provision of services for the City.

J. Amendment: Adjustments and amendments to this Agreement and its terms and conditions shall only be made by written mutual agreement of the parties and signed by a duly authorized official representing each party.

K.Entire Agreement and Termination of Prior Agreements: This Agreement constitutes the entire agreement between the parties and supersedes any prior negotiations, agreements and understandings of the parties relating to the subject matter of this Agreement.

L.Attorney's Fees: If any action at law or in equity is brought to enforce or interpret the provisions of the contract, the prevailing party shall be entitled to reasonable attorney's fees, court costs and necessary disbursements, in addition to any other relief to which it may entitled.

City of Pismo Beach
James R. Lewis, City Manager
Date:

Alexander’s Contract Services
Tim Alexander, President
Date:

9.G-13Council Agenda 11-1-2022
Attachment 1.A
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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:
•The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.

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.

9.H-1Council Agenda 11-1-2022
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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.

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:
• The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.

9.H-2Council Agenda 11-1-2022
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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: November 1, 2022
Erica Inderlied, City Clerk
City Manager Approval:

9.H-3Council Agenda 11-1-2022
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A
SUBJECT/TITLE:
2022 PAVING PROJECT UPDATE
RECOMMENDATION:

No action required; information only.

BACKGROUND:

One of the City Council’s top goals is to “build on the strength of our local community to preserve the City’s ‘Classic California’ charm and ensure an exceptional quality of life for residents.” One of the several priorities for this goal over the next two years is to “Invest in neighborhoods, including road, sidewalk, and park improvements.” To achieve this goal, the City Council awarded a contract to CalPortland Construction on April 19, 2022, for the construction of the 2022 Paving Project. This is the largest pavement maintenance project in the City’s modern history and includes:
Repaving of Mattie Road from Price Street to the north end Repaving of Ocean Boulevard from Placentia Avenue to Vista Del Mar Avenue Repaving of Price Street from Dolliver/Highway 1 to US 101 on- and off-ramps including new parking meters and paver median from Bay Street to Pomeroy Avenue
Repaving of streets in the neighborhoods off James Way including:
o Capanna Court
o Capanna Lane
o Cima De Colina
o Clydell Court
o Clydell Way
o Coral Circle
o Coral Court
o El Viento
o Highland Drive
o La Colima
o La Floricita
o La Garza
o La Gaviota
o La Puesta del Sol
o Miguelito Lane
o Morgan Drive
o Princessa Lane
o Rancho Pismo Drive
o Reef Court
o Santos Way
Council Agenda 11-1-2022 12.A-1
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o Surf Street
o Valley View Drive
o Ventana Drive
o Villa Court
o Vincente Court
o Wave Avenue
o Whitecap Street
o Irish Way
o Limerick Lane
o Oakwood Drive
o Panorama Drive
o Ridge Road
o Shamrock Lane
o Vista Pacific Circle
o White Oak Boulevard
o Christine Way
o Dugan Drive
o Effie Way
o Elaine Way
o Frances Way
o Houston Way
o Margo Way
o Norma Drive
o Crest Drive
o Skyline Drive
o Summit Drive

 Repaving of Wadsworth Avenue from Price Street to the north end  New sidewalk on Spyglass Drive underneath US 101 from Shell Beach Road to Mattie Road
 Repaving of Solar Way from Bello Street to Price Canyon Road including a new concrete cross gutter at Solar Way and Bello Street
 New Sidewalk and ADA curb ramps on James Way at Ventana Drive intersection  Repaving of the Bluff Trail in Shell Beach
 Repaving of the City Hall Parking Lot

Construction began in May 2022 and the project is estimated to be complete in July 2024.

Conclusion and Recommendation
No action is required. Staff will present a current update at the City Council meeting that includes a full update regarding the project’s progress, including work completed, work in progress, and the revised schedule for the remainder of the project.

FISCAL IMPACT:

There is no direct fiscal impact associated with this report.

Council Agenda 11-1-2022 12.A-2
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ALTERNATIVES:

None; for information only.

ATTACHMENTS:

None.

Prepared by: Meeting Date: November 1, 2022
Chad Stoehr, P.E., Engineer
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

Council Agenda 11-1-2022 12.A-3
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B
SUBJECT/TITLE:

FAÇADE IMPROVEMENT REBATE PROGRAM
RECOMMENDATION:

Receive a report on the City’s existing Façade Improvement Rebate Program and provide direction to staff on how to publicize the program, and whether modifications are desired.

BACKGROUND:

In 2017, the City Council directed the development of a Façade Improvement Rebate Program (the Program) to provide a match of up to $5,000 to local property and business owners wishing to make improvements to the exterior of their buildings. The Program was reviewed and approved by the Planning Commission on June 27, 2017. The original informational flyer, which is not currently in use, for the Program is provided as Attachment 1. At the October 4, 2022 meeting, the City Council requested information regarding the Program.

Program Requirements
Following approval of the Program by the Planning Commission, the initial Program roll- out did not generate applicants for funding. As a result, the Program was readvertised in June 2018, and was clarified to be a reimbursement program with awards of up to $5,000 in matching funds. Eligible improvements included exterior painting, decorative façade improvements, signage, decorative exterior lighting, canopies, awnings, and roof screening, among others. Requirements included applications to be submitted and approved for participation prior to work being performed.

The initial program focused on the Downtown commercial district. While applications were not accepted for businesses in the Shell Beach commercial district, several inquiries from businesses in that area were received.

Previous Applications
The Planning Division received eight applications for façade improvements, including new signage, new paint, lighting, awnings, and planting. Only one application completed the process, and one rebate for $5,000 was awarded. The remaining applications were not viable, as they were either for work previously completed, for work without matching funding, or for tenants who did not have property owner permission for the proposed improvements.

An obstacle that was identified during the previous Program was the reimbursement and matching fund criteria. Most applicants believed that these funds were a simple grant, rather than a matching program, and withdrew their request once the requirements were clarified. Other obstacles included the added expense of consultants needed to prepare some of the application material in order to achieve compliance with Planning regulations and Building codes. For example, a new sign requires conceptual development drawings Council Agenda 11-1-2022 12.B-1
Packet Page 95

and construction plans to obtain the required Planning and Building permits for the project to participate in the rebate program.

Potential Program Improvements
Staff has identified a number of potential improvements, should the Council wish to direct staff to pursue them. Advertisement of the program through an educational workshop with the Downtown and Shell Beach business community would provide important information on how the funds could be used, as well as clearly communicate the program criteria. If a workshop is desired, staff recommends that it include information on design components to help property and business owners generate ideas for creating an active pedestrian environment through façade improvements. In addition, staff would develop a new informational brochure for the program that explains the program structure and requirements in a streamlined format, using the City’s branding guidelines.

In order to evaluate applications in an equitable manner, staff has determined that the Program should be available once to two times per year, depending upon the annual program budget, with a set application submittal period. The pool of applicants would then be evaluated by selection criteria, including project readiness and quality of improvement for community benefit.

Conclusion and Recommendation
The Façade Improvement Rebate Program offers property and business owners a matching fund through which to improve the aesthetics of the community. Staff recommends that the City Council provide direction to staff on any desired modifications to the Program.

FISCAL IMPACT:

There is no additional fiscal impact to provide staff direction. Changes to the Program could result in future fiscal impacts. The Fiscal Year 2023 General Fund budget includes $20,000 for this program.

ALTERNATIVES:

1. Direct staff to return with additional information.

ATTACHMENTS:

1. Previous Façade Improvement Rebate Program Flyer
Prepared by: Meeting Date: November 1, 2022 Aileen Nygaard, Associate Planner
Submitted by: Matthew Downing, Community Development Director City Manager Approval:

Council Agenda 11-1-2022 12.B-2
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C I T Y OF
PI
S

MO B E A C H

C I T Y OF

FACADE IMPROVEMENT

REBATE PROGRAM

CITY OF

PISMO BEACH
Previous Program Flyer, No Longer in Use
Attachment 1
Council Agenda 11-1-2022 12.B-3
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IV - Rebate Levels
Each participating property will be eligible for a rebate of up to $5,000, subject to prior approval and verification of the re- ceipts submitted by the Applicant.

I - Objectives
The Façade Improvement Rebate Program is intended to improve the appearance of commercial buildings located in the Downtown Area through the use of rebates for costs associated with improvements to building exteriors. Complete appli- cations will be reviewed by City staff and should not be subject to review by the City’s Planning Commission. No Building Permit fees or Planning review fees will be charged to the applicant as part of this process.

II - Eligible Area and Business
Commercial structures located within the boundaries of the Downtown Area (see section VIII). Property owners or tenants of commercial buildings are eligible to apply. However, tenants are required to provide written concurrence from the owner(s) of the property to participate in the program.

III - Implementation
In order to implement this program, funds may, from time to time, be set aside in the City’s annual budget to provide re- bates to qualified and eligible applicants who upgrade the exterior of their buildings. 2 Previous Program Flyer, No Longer in Use
Attachment 1
Council Agenda 11-1-2022 12.B-4
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VII - Design
Applicants must make application for assistance prior to the start of the renovation and meet with the City to discuss the de- tails. An applicant may wish to retain the services of an architect/designer to assist in the preparation of preliminary concept plans and drawings, taking into account design guidelines, building codes and the zoning ordinance. • Improvement projects must enhance the appearance of the street elevation(s) or additional primary access points to the building such as an alley or parking lot.
• Attractive colors, appropriate design, articulation, shadow relief, consistent and appropriate signage and landscaping will be evaluated.
• Existing architectural features on the subject building and on the surrounding structures will be considered. • The design standards or proposed improvement must comply with any design standards or guidelines adopted by the City of Pismo Beach.
3 VI - Program Committee
The Program Committee shall be comprised of City staff from the Community Development Department and may include an outside consultant architect/designer.

Unless otherwise designated by the City, the City shall sit and issue all approvals related to the Façade Improvement Program description, and the Agreement for Façade Improvement Rebate. The City must approve all Agreements prior to the com- mencement of work.

V - Public Works Project
The Façade Improvement Program falls under Health and Safety Code Section 33423 et seq., and California Labor Code Sec- tion 1720, which requires the payment of prevailing wages on private projects receiving public assistance. Accordingly, all City projects or assisted projects will require the payment of prevailing wages for each craft or type of workman needed throughout construction. City staff will provide assistance in complying with these requirements. Information on current prevailing wage can be found here: https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html Previous Program Flyer, No Longer in Use
Attachment 1
Council Agenda 11-1-2022 12.B-5
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4 VIII - Program Emphasis
Priority will be placed on projects with the most visual impact and benefit to the community located along major streets in the core area as defined in the Pismo Beach Downtown Strategic Plan shown below:

Previous Program Flyer, No Longer in Use
Attachment 1
Council Agenda 11-1-2022 12.B-6
Packet Page 100

IX - Guidelines

1. All projects shall comply with current City codes, ordinances, rules, regulations, and design guidelines. Applicant shall obtain building permits when required by law.

2. Un-reinforced masonry buildings (URM’s) must be in the process of retrofit to be eligible for participation in the Façade Improvement Rebate Program.

3. Participants shall pay for all agreed upon improvements by cashier’s check or personal check with appropriate documen- tation. The participant must submit copies of cancelled personal checks or receipts along with supporting documenta tion evidencing completion of work for which the rebate has been approved. Applicants must complete all agreed upon work with 90 days of the date of approval. If it is determined that the time limit is unreasonable, an extension can be granted by the City to remain eligible for the rebate.

4. Before, during and after the improvements are made, the City shall have the right to inspect all exterior work. The project is not qualified for a rebate until all improvements have been completed to the satisfaction of the City.

5. A licensed contractor, the owner of the building, or his/her tenant, shall perform the work if they are qualified to perform the work.

6. If project is proposed by a business that does not own the subject property, the business must have been in operation at the subject property with a valid business license for a minimum of two (2) years to qualify for the program.

7. In the event Applicant undertakes to do the work himself/herself, the reimbursement will be limited to the actual cost of equipment and materials. Truly volunteer assistance is permissible provided the approved project rebate is $1,000 or less; however, if the rebate is $1,000 or more and Applicant employs temporary help, utilizes existing employees, utilizes volunteers or engages in barter to do the work, payment of prevailing wages will be required. 5 X - Eligible Improvements
The following improvements will be eligible under the Facade Improvement Program:

1. Exterior painting, decorative facade treatment, signage, fascia, canopies, awnings, parapets and screening of roof-mounted equipment visible from the street.

2. Correction of building, health, nonconforming signage, or zoning code violations as it applies to the proposed improve ment of the facade only.

3. Installation of decorative exterior lighting.

4. Minor landscaping and streetscaping directly relating to the buildings positive image.

5. Other improvements authorized by the City.

6. Restoration of historic building facades.

7. Repair or replacement of entryways, exterior doors and windows, and decorative fascia structures.

8. Removal of all deteriorated signs and extraneous structures as part of an overall improvement concept plan for the building facade.

Previous Program Flyer, No Longer in Use
Attachment 1
Council Agenda 11-1-2022 12.B-7
Packet Page 101

6 XI - Exclusions

1. Project-related costs and improvements started prior to approval, except for design work necessary to make the applica- tion. Pre-project design work is eligible only for a project subsequently approved.

2. Anything not visible from the exterior of the building along the main street or other primary access point such as alleys or parking lots.

3. Any interior improvements such as carpeting, drapery, blinds, interior signage, or other related interior improvements.

4. Purchase of inventory.

5. Fixtures or furnishings related to the merchandising or operations of the building.

6. Purchase of business equipment or displays.

7. Other actions not directly listed on the above eligibility list.

8. Security bars, roofing, and mechanical equipment.

9. Exterior improvements not approved by the City.

10. Buildings with existing businesses operating without a valid City of Pismo Beach Business License.

Previous Program Flyer, No Longer in Use
Attachment 1
Council Agenda 11-1-2022 12.B-8
Packet Page 102

XII - Process
Consultation with Architect/Designer:

Applicant contacts the City’s Planning Division to arrange a meeting with staff and the architect/designer to discuss desired improvements to the building.

1. Submit Application:

Applicant completes and signs application form including scope of work. In the case of a lessee, approval of the property owner is required.

2. Preliminary Plan Review:

The architect will submit a conceptual rendering, a detailed description of work and preliminary cost estimate to the Plan- ning Division staff and applicant for review by staff.

3. Site Review of Property:

Depending upon the scope of work, an on-site review of the proposed exterior improvements by the owner and/or lessee, City staff and the architect may be desirable to facilitate the proper progression of the design and project review process.

4. Final Approval of Plans:

Following departmental input, the Community Development Department, in conjunction with the architect, will review the proposed facade improvements to determine whether to approve rebate incentives and/or provide further program-paid architectural services (working drawings).

5. Bidding Procedures:

Applicants are required to get at least two bids for proposed improvements in excess of $1,000. A contractor selected by the applicant must be licensed and insured in accordance with City requirements. It should be noted that the low bidder need not be selected; however, a justification for accepting an alternative bid should be provided to the City. The selected contractor must also provide proof that prevailing wage is paid to individuals working on the project. Information on current prevailing wage can be found here: https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html .

6. Pre-Construction Meeting/Notice to Proceed:

A meeting between City staff, property owner and/or lessee, architect and contractor may be necessary prior to the start of construction to discuss the scope of work and clarify any issues. A project may not proceed until the Agreement is approved by the City. Authorization to proceed is included in the Agreement. 7 Previous Program Flyer, No Longer in Use
Attachment 1
Council Agenda 11-1-2022 12.B-9
Packet Page 103

7. Award of Contract(s):

City staff shall be notified of all contracts awarded for services connected with the approved facade improvements. Copies of contracts and proof of required insurance will be provided by Applicant to City staff. Receipts for all improvements for which financial assistance is requested shall be provided and verified by staff prior to the payment of any grant funds.

8. Timeline:

The applicant has 10 business days from the date the project is approved by the Community Development Department to apply for Building Permits.

Construction shall commence within 10 business days of issuance of building permits by the Building Department.

If no building permits are required, the applicant has 20 business days from the date the project is approved by the City to begin improvements.

Exterior building improvements must be completed within 90 calendar days of issuance of building permits.

City staff may consider a 30-day extension, if the applicant can demonstrate that any delay was due to factors beyond his control (such as weather, etc.). The Community Development Director must approve extensions beyond 30 days.

9. Compensation:

The City will reimburse the applicant for the appropriate amount of funds upon completion of the project and when all receipts have been received.

10. Alterations and Maintenance of Improvements:

The facade and signage as designed, approved, and constructed, cannot be altered for five (5) years without City review and approval. The improvements funded in part by the City must be maintained in good condition for a period of five years following project completion.
8 Previous Program Flyer, No Longer in Use
Attachment 1
Council Agenda 11-1-2022 12.B-10
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9 XIII - Display of Program Sign
If requested by the City, the applicant shall display a sign indicating participation in the program. This sign shall be located on the front of the building for a minimum period of thirty (30) days. This sign will be provided by the City.

XIV - Application
Prior to the start of construction, the applicant must submit the following:

1. A completed and signed application form;

2. Plans for the proposed building improvements including signage and awning designs or architectural plans in sufficient detail to identify the nature and quality of the improvements;

3. A breakdown of proposed project costs. The submittal of more than one bid is encouraged and the City reserves the right to require additional bids in its sole discretion;

4. Name of licensed contractor at the time the project is approved, if applicable.

For further information contact
The Planning Division at
805/773-4658
Previous Program Flyer, No Longer in Use
Attachment 1
Council Agenda 11-1-2022 12.B-11
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10 CITY OF PISMO BEACH

COMMERCIAL FACADE IMPROVEMENT PROGRAM APPLICATION
APPLICANT INFORMATION ( ) Property Owner ( ) Business Owner/Tenant Name
Address
Business Name
Business Address
Telephone (W) (Cell)

PROPERTY OWNER (if different than the Applicant)
Name
Address
Telephone (W) (Cell)

ARCHITECT/DESIGNER
Name
Address
Telephone

PROPOSED IMPROVEMENTS
Category Estimated Cost Category Estimated Cost
Paint $ Landscaping $
Signs $ Lighting $
Awnings, canopy $ Parapet walls $
Facade treatment $ Architectural/Design $
Doors, windows $ $
Other: $ Total Estimated Cost $

Expiration date of the lease:

Sq ft. exterior wall area:

Parcel No. Bldg. Frontage:

I have reviewed all of the program terms and requirements and do hereby agree to comply with them to be eligible for program participation. All information provided herein is correct and complete to the best of my knowledge.

Signature of Applicant Date

Signature of Property Owner Date

FOR OFFICE USE ONLY
Plans submitted: Estimated date of completion:

City approval date: Actual date of completion:

Maintenance Agreement signed: Certificate of Completion:

Start date: Amount rebated: ( %)
Previous Program Flyer, No Longer in Use
Attachment 1
Council Agenda 11-1-2022 12.B-12
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.C

SUBJECT/TITLE:

RESIDENTIAL SIDEWALK DEVELOPMENT POLICY
RECOMMENDATION:

Provide staff with direction on potential modifications to the current residential sidewalk development policy.

BACKGROUND:

The City Council has been dedicated to the walkability of the City and has demonstrated this commitment with the construction of the Shell Beach Streetscape Multimodal Path, the adoption of the Bicycle and Pedestrian Master Plan, the Ocean Boulevard Coastal Access Improvement Project, the funding of the non-residential Hinds Avenue-to-Ocean View Avenue sidewalk adjacent to the US 101, and through the 2022 Paving Project, currently under construction, which will build a sidewalk under the US 101 Freeway at Spyglass Drive and across the median at Ventana Drive along James Way.

Consistent with a desire to make the community more walkable, staff has required the construction of sidewalks in conjunction with some residential projects in an effort to continue to improve the walkability of the city and to meet one of the City Council’s top goals of ensuring an exceptional quality of life for residents.

Public improvements, including curbs, gutters, sidewalks, streets, and other infrastructure are typically installed by developers when housing tracts are developed. These costs are factored into the selling price of the houses and, therefore, ultimately paid for by the future homeowner. California Streets and Highways Code Section 5610 places the maintenance of sidewalks on the adjacent property owner in residential neighborhoods. It has long been the City’s position that the City does not install residential sidewalks and that it is the homeowner’s responsibility to build missing sidewalks throughout the City when a parcel is developed, redeveloped, or a major modification has been made to an existing house.

The last residential sidewalk constructed by the City was approved on October 7, 2014, in conjunction with the Council’s award of the 2014/15 Paving Project. At that time, the Council reinforced its policy that the City does not install residential sidewalks; however, in the case of Longview Avenue and Wadsworth Avenue it was a “Safe Routes to School” project providing a safer path of travel for Judkins Middle School students, and not a residential sidewalk project.

The Council has also made clear that it is the City’s position that encroachments into the right-of-way should be limited, and reinforced this position at the September 7, 2021, Council meeting regarding a project on Palomar Avenue that changed scope through construction.

12.C-1Council Agenda 11-1-2022
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Since the September 2021 Council meeting, staff has been requiring property owners to install sidewalks in all parts of the city, including Pismo Heights, on dead end streets, in Shell Beach where the right-of-way is limited and there are very few existing sidewalks, and all other residential neighborhoods.

Most recently, at the October 4, 2022 City Council meeting, the Council inquired about a landscaping project that was thought to have been required to install a sidewalk. Staff concluded that no such condition was required on a landscaping project in Shell Beach or any other part of the city. Instead, staff was attempting to inform the property owner of the limitation of placing a garden wall in the right-of-way. However, for this type of project, staff would require appropriate drainage improvements, which may include curb and gutter and/or a concrete drainage swale depending on the existing conditions and neighborhood characteristics, if those drainage improvements were not existing.

Currently, staff has been requiring sidewalks as a condition of approval for development permits in the following conditions:
 Relocation of existing curb and gutter
 Relocation of existing driveway approach
 Substantial reconfiguration of an existing home
 Addition and minor reconfiguration of an existing home  Substantial addition of an existing home

While sidewalks are generally being required in the above circumstances, staff also understands that there are certain streets in the city that are not wide enough for sidewalks to be installed or that may have other conditions where sidewalks would not be advisable, and staff ultimately bases its final decision on the characteristics of the street.

Staff has reached out to other agencies through the League of California Cities and has compiled the following list of items that trigger the requirement for the installation of sidewalks in other agencies throughout the state:
 Addition of any room other than a bathroom
 Construction of any detached structure larger than 120 square feet  Conversion of 25% or more unconditioned space (garage, shed, etc.) to conditioned space
 Addition of 50% or more to a structure that is 999 square feet or less or the addition of 500 square feet to structures 1,000 square feet or larger  Addition of 40% or more of the existing habitable square footage or 500 square feet, whichever is greater
 Any addition of 100 square feet or more
 Significant remodel modifying 35% or more of a structure, whether or not square footage is added
 Remodel where alterations remove or modify 50% or more of exterior walls or remove or modify more than 50% of the roof framing

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Conclusion and Recommendation
The requirement to install sidewalks does place a greater financial burden on property owners and it does create several pockets of isolated sidewalks in neighborhoods.

Nonetheless, the installation of sidewalks enhances neighborhoods and will, over time, make them more walkable. Staff understands that there is some concern being raised about this policy in the community and seeks direction from Council on the City’s policy for requiring the construction of sidewalks in existing residential neighborhoods.

FISCAL IMPACT:

There is no direct fiscal impact associated with this report, however, requiring developers to install sidewalks will keep the financial responsibility of sidewalk installation in neighborhoods with the homeowner.

ALTERNATIVES:

1. Do not provide direction at this time.

ATTACHMENTS:

None
Submitted by: Meeting Date: November 1, 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.D
SUBJECT/TITLE:

INTRODUCTION (FIRST READING) OF AN ORDINANCE THAT ADOPTS BY

REFERENCE AND AMENDS THE LATEST EDITIONS OF THE CONSTITUENT

CODES OF THE CALIFORNIA BUILDING STANDARDS CODE, MAKES FINDINGS

OF FACT TO SUPPORT THE AMENDMENTS, AND MAKES A DETERMINATION OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION:

1. Introduce an Ordinance amending Titles 8 and 15, Chapters 8.04, 8.08, 15.04, and

15.08 of the Pismo Beach Municipal Code; adopting by reference codes comprising the 2022 California Building Standards Code (California Code of Regulations, Title 24, Parts 1-12), including the California Fire Code (2022 Edition, incorporating and amending the 2021 International Fire Code); the California Building Code Volumes 1 and 2 (2022 Edition, incorporating and amending the 2021 International Building Code), the California Residential Code (2022 Edition, incorporating and amending the 2021 International Residential Code), the California Electrical Code (2022 Edition, incorporating and amending the 2020 National Electrical Code), the California Mechanical Code (2022 Edition, incorporating and amending the 2021 Uniform Mechanical Code, the California Plumbing Code (2022 Edition, incorporating and amending the 2021 Uniform Plumbing Code), the California Energy Code (2022 Edition), the California Historical Building Code (2022 Edition), the California Green Building Standards Code (2022 Edition), and the 2021 International Property Maintenance Code together with certain amendments thereto; adopting findings of facts to support the imposition of requirements other than those of the California Building Standards Code, and making a determination of exemption under CEQA;

2. Schedule a public hearing and second reading (adoption) of the above-referenced Ordinance for November 15, 2022, pursuant to Government Code Section 50022.3.

BACKGROUND:

The City is required to comply with the building and fire codes adopted by the State of California, which are updated every three years. The code editions recently adopted by the State will be effective January 1, 2023. These codes can be modified locally to reflect unique situations or special needs, and the City must adopt these local modifications as part of the Municipal Code in order to coordinate the City's building and fire codes with the State's codes. The recommended action will continue the incorporation of all special construction requirements that are unique to the City of Pismo Beach into the most recent "building and fire codes" established by the State of California. The evolution of the model codes, on which the California codes are based, will recognize the latest advances in building safety, environmental concerns, resource management, and fire suppression safety. The improved regulations will enhance the City’s rating by the Insurance Services Organization, which evaluates the City’s construction regulation program.

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The proposed ordinance will repeal existing chapters of the Municipal Code and replace them with new chapters that retain previously established amendments and clarify some existing amendments or code sections to improve enforceability.

Overview
Every three years, the model construction and fire codes are republished to incorporate all code changes accepted by a majority of members attending the hearings of several code development organizations. The State of California adopts and amends the most recent edition of those codes, which are subsequently published by the Building Standards Commission. The Commission completed the adoption process for the current triennial edition of the California Building Standards Code, also known as “Title 24,” during spring of 2022. As a result, the 2022 California Building, Residential, Mechanical, Plumbing, Electrical, Energy, Green Building Standards, Historical, Existing Building, and Fire Codes will become effective statewide on January 1, 2023. Copies of these Codes are on file with the City Clerk, and are open to public inspection.

Evolution of the model codes brings many changes to the final publication at the end of the code cycle. The changes are notated in the code books as a vertical line in the margin, suggesting that the user carefully read the text to determine the extent of changes. Most code changes are relatively insignificant and generally provide clarity, improved enforceability, or recognize technological gains in construction materials and methods.

Some changes will improve building safety, but may add to the cost of construction.

The California Health and Safety Code authorizes the City to amend provisions of the California Building Standards Code for local climatic, geological, or topographical conditions. The proposed ordinance will amend the State codes to address unique local conditions in the City of Pismo Beach, and contains the findings required to justify the proposed code modifications. Without approval of the ordinance, the Building Division and the Fire Department will have no authority to enforce the City’s existing local amendments, since they are tied to the 2019 California codes. These editions will no longer be valid when the 2022 editions automatically become the City’s codes on January 1, 2023. If the Ordinance is introduced in accordance with staff's recommendation, final passage of the ordinance will implement the local amendments to the California Building Standards Code.

Procedural Considerations
Government Code Sections 50022.1 through 50022.10 set forth the procedures by which a city may adopt codes by reference. In accordance with these Code Sections, the date of a public hearing is set at the Ordinance’s introduction (first reading), and the public hearing on the Ordinance occurs at the time of its adoption (second reading). These procedures differ from the typical ordinance adoption process, where the introduction is conducted as a business or hearing item, and the adoption is returned as a consent item.

Staff therefore recommends that, following the introduction of the Ordinance (Attachment 1), including reading of the full title, the Council set the public hearing and adoption

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(second reading) for November 15, 2022. The Ordinance would then become effective by statute on December 15, 2022, and be implemented beginning January 1, 2023.

Technical Summary
The proposed ordinance will repeal Chapters 8.04, 8.08, 15.04, and 15.08 of the Municipal Code and replace them with new Chapters 8.04, 8.08, 15.04, and 15.08, thereby establishing the updated construction and property maintenance codes. The new Chapter 8.04 will adopt the 2022 California Fire Code (CFC); Chapter 8.08 will specify the local amendments to the CFC. The new Chapter 15.04 will adopt the 2022 construction codes; Chapter 15.08 will contain local amendments to the construction codes. The 2018 International Property Maintenance Code (IPMC) will be replaced by adoption of the 2021 edition of the IPMC, which provides the necessary technical provisions and administrative authority for code enforcement staff to pursue unsafe building conditions.

The State has established the 2021 edition of the International Building Code developed by the International Code Council as the basis for the 2022 California Building Code (CBC). Likewise, the 2021 editions of the Uniform Mechanical and Plumbing Codes developed by the International Association of Plumbing and Mechanical Officials and the 2020 edition of National Electrical Code developed by the National Fire Protection Association are the basis of the corresponding 2022 California code.

Past code adoptions by the City have included administrative and technical amendments to the construction and fire prevention codes to address special “climatic, geologic or topographic” situations or conditions unique to Pismo Beach. Except for a prior City amendment to the CFC prohibiting “sky lanterns,” staff has determined that the amendments previously adopted have not become part of the new edition of the codes through the code change process of the model code organization or by a State of California amendment. Since there have been no changes in local climatic, geologic, or topographic conditions in Pismo Beach, staff recommends that previous amendments be carried over to the new codes.

The proposed ordinance (Attachment 1) is a consolidated package that provides assurance that overlapping code provisions are compatible. For example, the California Building Code, California Residential Code and California Fire Code, as amended, will contain identical requirements for the installation of automatic fire sprinkler systems in buildings.

A brief summary of each proposed code amendment in this adoption cycle is found in Attachment 3 to this report.

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Local Amendments Retained without Changes
Local amendments retained from previous code adoptions with no changes are:

Fire Code
 Reference to change of occupancy criteria in the Existing Building Code.  Organization of the enforcement agency.
 Administrative reference to penalty/citation provisions of the Municipal Code.  Fire sprinkler requirements for new and altered buildings.  Standpipe system requirements in a parking structure and buildings with excessive area and height.
 Requirements for barbecue pits.
 Specifications for fire apparatus roads and access.
 Limitations on use of fuel oil.
 Gas meter labeling requirements.
 Stairway to the roof or alternate roof access for emergency personnel required for a new building having two or more stories above grade.  Limitations on use of above-ground storage tanks for combustible liquids.  Prohibition on use of fireworks.

Construction Codes
 Organization of the enforcement agency.
 Reference to archeological resource program.
 Clarification of time limit and expiration of a permit application.  Plan review fees, investigation fees and fee refunds.  Clarification of membership and function of the Board of Appeals.  Administrative reference to penalty/citation provisions of the Municipal Code.  Permit required for masonry/concrete free-standing walls greater than 3 feet above grade.
 Prohibition on use of shipping containers, trailers, and railcars for habitation.  Underground wiring for electric and communication services required for new buildings.
 Fire sprinkler requirements for new and altered buildings.  Standpipe system requirements in a parking structure and buildings with excessive area and height.
 Prohibition of wood shake and wood shingle roof coverings.  Prohibition of a building balcony designed for human occupancy that projects into the right-of-way.
 Clarification of permit application and processing criteria in flood zones.  Permit exemptions for signs clarified.
 Hillside grading limitations.
 Additional administrative provisions for grading.
 Clarification of permit exemption for residential decks.  Limitation of glazing systems as residential guardrails.  Administrative rules for unreinforced masonry building mitigation program.  Location of the main disconnect for an electrical service.

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 Administration of graywater system permits modified.
 Clarification of the relationship between the IPMC and the California construction and fire codes.
 Citation authority and reference to Municipal Code for violation penalties added to IPMC.

Local Amendments Retained with Minor Modifications
Local amendments retained from previous code adoption with minor modifications are:

Fire Code
 Building address numbers specified to be greater size for increased visibility.

Construction Codes
 Criteria for granting an extension of time for an expiring permit application.

New Local Amendments
New local amendments for this code adoption cycle are:

Fire Code
 Minimum water service size specified for an automatic fire sprinkler system installed to serve one- and two-family dwellings.

Construction Codes
 Building address numbers specified to be greater size for increased visibility.  Minimum water service size specified for an automatic fire sprinkler system installed to serve one- and two-family dwellings.
 Required emergency escape and rescue windows at basement sleeping rooms retained from prior code.
 Sign operation prohibited prior to final.

Attachment 1 depicts the final language of the Code as it will be codified if the ordinance is adopted. Attachment 2 illustrates actual text changes for all proposed local amendments to the various codes. Underlined text represents amendments carried over from the prior code adoption and shaded text indicates a new amendment or modified portion of a prior amendment. Attachment 3 provides specific discussion about the reason or need for each amendment.

Conclusion and Recommendation
To provide consistency with State of California construction code mandates and enable local amendments to the new constituent codes, staff recommends that the City Council introduce an Ordinance (Attachment 1) amending Titles 8 and 15, Chapters 8.04, 8.08,

15.04, and 15.08 of the Pismo Beach Municipal Code; adopting by reference, and making certain local amendments to, certain codes comprising the 2022 California Building Standards Code and the 2021 International Property Maintenance Code, and making a determination of exemption under CEQA.

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Staff also recommends that the Council schedule a public hearing and second reading (adoption) of the above-referenced Ordinance for November 15, 2022, pursuant to Government Code Section 50022.3. The Ordinance would become effective January 1, 2023.

FISCAL IMPACT:

There is no direct fiscal impact from staff’s recommended action. Costs associated with codification of this ordinance and enforcement of its provisions will be absorbed by the adopted budget.

ALTERNATIVES:

1. Introduce ordinance with modifications.

2. Take no action, which will result in the State’s versions of the codes, without local amendments, becoming effective January 1, 2023.

ATTACHMENTS:

1. Draft Ordinance

2. Illustrated Text Changes for Proposed Amendments

3. Discussion of Amendments
Prepared by: Ian Livingston, Building Official Meeting Date: November 1, 2022 Dennis Byrnes, Fire Marshal
Approved by: Matthew Downing, Community Development Director Paul Lee, Battalion Chief
Submitted by: Matthew Downing, Community Development Director City Manager Approval:

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ORDINANCE NO. O-2022-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING TITLES 8 AND 15, CHAPTERS 8.04, 8.08, 15.04, AND

15.08 OF THE PISMO BEACH MUNICIPAL CODE; ADOPTING BY REFERENCE CODES COMPRISING THE 2022 CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PARTS 1-12), INCLUDING THE CALIFORNIA FIRE CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021 INTERNATIONAL FIRE CODE), THE CALIFORNIA BUILDING CODE VOLUMES 1 AND 2 (2022 EDITION, INCORPORATING AND AMENDING THE 2021 INTERNATIONAL BUILDING CODE), THE CALIFORNIA RESIDENTIAL CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021 INTERNATIONAL RESIDENTIAL CODE), THE CALIFORNIA ELECTRICAL CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2020 NATIONAL ELECTRICAL CODE), THE CALIFORNIA MECHANICAL CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021 UNIFORM MECHANICAL CODE), THE CALIFORNIA PLUMBING CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021 UNIFORM PLUMBING CODE), THE CALIFORNIA ENERGY CODE (2022 EDITION), THE CALIFORNIA HISTORICAL BUILDING CODE (2022 EDITION), THE CALIFORNIA EXISTING BUILDING CODE (2022 EDITION), THE CALIFORNIA GREEN BUILDING STANDARDS CODE (2022 EDITION), AND THE 2021 EDITION

OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE TOGETHER WITH CERTAIN AMENDMENTS THERETO; ADOPTING FINDINGS OF FACT TO

SUPPORT THE IMPOSITION OF REQUIREMENTS OTHER THAN THOSE OF THE CALIFORNIA BUILDING STANDARDS CODE; AND MAKING A DETERMINATION

OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

WHEREAS, the California Health and Safety Code Section 18938(b) provides that building standards adopted by the Building Standards Commission, including those contained in certain model codes and adopted by reference into the most recent edition of the California Building Standards Code, shall apply to all occupancies in the state and shall become effective 180 days after publication in the California Building Standards Code by the California Building Standards Commission (the “Commission”) or at a later date after publication established by the Commission; and

WHEREAS, the California Building Standards Commission published the 2022 Edition of the California Building Standards Code on July 1, 2022, with an effective date of January 1, 2023, including the 2022 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building, and Green Building Codes, incorporated into Title 24 of the California Code of Regulations as Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, and 11, respectively; and

WHEREAS, California Government Code Section 50022.1, et seq. authorizes the City to adopt codes by reference, in whole or in part, as a primary code, and that the primary code may adopt by reference a secondary code, in whole or in part; and

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WHEREAS, it is the desire and intent of the City Council of the City of Pismo Beach to adopt Codes comprising the 2022 California Building Standards Code (Title 24, Parts 1- 12, of the California Code of Regulations), including the 2022 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building and Green Building Codes and to adopt the 2021 International Property Maintenance Code; and

WHEREAS, the City Council held a public hearing on November 15, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes, as amended therein; and

WHEREAS, it is the desire and intent of the City Council of the City of Pismo Beach to provide citizens with the greatest degree of fire, life and structural safety in buildings in the most cost-effective manner by adopting that body of regulations referred to as the California Building Standards Code with amendments specific to the City of Pismo Beach; and

WHEREAS, the California Health and Safety Code, Section 17958 provides that the California Building Standards Code shall be applicable to cities and shall become effective 180 days after publication by the California Building Standards Commission provided cities do not make any modifications or changes to the California Building Standards Code; and

WHEREAS, Section 17958.7 and Section 18941.5, require the City Council, before making any modifications or changes to the California Building Standards Code pursuant to Health and Safety Code Sections 18941.5 and 17958.5, to make an express finding that each such modification or change is needed; and

WHEREAS, the California Health and Safety Code Section 17958.7 requires that such changes must be determined to be reasonably necessary because of local climatic, geological, or topographical conditions; and

WHEREAS, such findings must be made available as a public record and a copy thereof with each such modification or change shall be filed with the State of California Building Standards Commission; and

WHEREAS, the City Council hereby determines that Sections 502.1, 903.2, 903.3, 903.3.5, 905.3.1, 907.6.6, 1030.1, 1506, 3201, and 3202 of the 2022 California Building Code, Sections R310.1, R312.1.5, R313.2, R313.3.1.2, R313.3.5, R319.1, R326.1 and R904 of the 2022 California Residential Code, Article 230.70(A)(1) of the 2022 California Electrical Code, Sections 1501.3, 1503.1.1 and 1503.7 of the 2022 California Plumbing Code, and Sections 405.7, 503, 504.3, 505, 507.5.1, 603, 903.2, 903.3, 903.3.5, 905.3.1, 907.6.6, 2306.2.3, 5504.3, 5601, 5704, 5706 and 6104.2 of the 2022 California Fire Code, are required to be modified due to the findings contained herein to requirements other than those set forth in the California State Building Standards Code; and

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WHEREAS, the City Council finds that each of the changes or modifications to measures referred to therein are reasonably necessary because of local climatic, geological, or topographical conditions in the area encompassed by the boundaries of the City of Pismo Beach, and the City Council further finds that the following findings support the local necessity for the changes or modifications:

FINDING 1
That the City of Pismo Beach lies approximately midway between the major population centers of San Francisco and Los Angeles, making mutual aid resources from these centers delayed. Furthermore, within San Luis Obispo County, organized fire departments are characteristically at such distance and of such limited resources that they may not present a reliable rapid response mutual aid alternative, although agreements currently exist. The continued development in new residential areas within the City and potential annexation areas will increase response times for personnel, creating a substantial threat to human life and public safety. The afore-described conditions support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code and, in particular, support the imposition of greater requirements than set forth in Sections 502.1, 903.2, 903.3.5.3, 905.3.1, 1030.1 and 1506 of the 2022 California Building Code, Sections R310.1, R313.2, R313.3.1.2, R313.3.5, R319.1 and R904.5 of the 2022 California Residential Code, and Sections 503, 504.3, 505.1, 903.2, 903.3.5, 905.3.1, 907.6.6, 2306, 5601.1, 5704.2.9.6, 5706.2.4.4, and 6104.2 of the 2022 California Fire Code.

FINDING 2
That on the inland side of the City of Pismo Beach lie large expanses of steep, undeveloped terrain with moderate to high wild-land fuel loading. Furthermore, a wild- land fire in these areas, in conjunction with coastal winds, Santa Ana winds, and similar dry, conditions could threaten the City with burning embers traveling thousands of feet that will ignite structures. City fire-suppression resources will be inadequate to resist this threat. The protection of human life and the preservation of property in the event of such an occurrence support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code and in particular support the imposition of greater requirements than set forth in Sections 502.1, 903.2, 903.3.5.3, 905.3.1, and 1506.4 of the 2022 California Building Code, Sections R310.1, R313.2, R313.3.1.2, R313.3.5.4, R319.1 and R904.5 of the 2022 California Residential Code, and Sections 503, 504.3, 505.1, 903.2, 903.3.5.3, 905.3.1, 907.6.6, 2306.2.3, 5601.1.3, 5704.2.9.6, 5706.2.4.4, and 6104.2 of the 2022 California Fire Code.

FINDING 3
That the City of Pismo Beach is bisected by Highway 101, and there are only six arterial crossovers along seven miles of City boundary bisected by said highway. This condition increases the response times for fire apparatus, especially during peak traffic flows. A delayed response due to this condition poses a substantial threat of fire to human life, public safety, and the preservation of property and support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code, and in particular, support the imposition of greater requirements than set forth in Sections

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502.1, 903.2, 903.3.5.3, 905.3.1, and 1506.4 of the 2022 California Building Code, Sections R310.1, R313.2, R313.3.1.2, R313.3.5.4, R319.1 and R904.5 of the 2022 California Residential Code, and Sections 405.7, 503, 504.3, 505.1, 903.2, 903.3.5.3, 905.3.1, 907.6.6, 5601.1.3, 5704.2.9.6, 5706.2.4.4, and 6104.2 of the 2022 California Fire Code.

FINDING 4
That the City of Pismo Beach is bisected by a major freeway (Highway 101), traversing in the north/south direction, and is subject to floods and earthquakes which create impassable roads and collapsed bridges. Emergency personnel responding to a fire may be unduly impeded or delayed in accomplishing an emergency response as a result of this situation, with the potential result of undue and unnecessary risk to the protection of life and public safety, particularly in those buildings or structures without the protection of automatic fire sprinklers. The afore-described conditions support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code, and in particular support the imposition of greater requirements than set forth in Sections 502.1, 903.2, 903.3.5.3, 905.3.1, and 1506.4 of the 2022 California Building Code, Sections R310.1, R313.2, R313.3.5.4 Rand R904.5 of the 2022 California Residential Code, Section 230.70(A)(1) of the 2022 California Electrical Code, and Sections 503, 504.3, 505.1, 903.2, 903.3.5.3, 905.3.1, 2306.2.3, 5601.1.3, 5704.2.9.6, 5706.2.4.4, and 6104.2 of the 2022 California Fire Code.

FINDING 5
That the City of Pismo Beach lies in a coastal climate zone associated with the Pacific Ocean that creates corrosive moisture conditions damaging to exterior building system components supports the imposition of greater fire sprinkler system component requirements than set forth in Section 903.3.10 of the 2022 California Building Code and Section 903.3.10 of the 2022 California Fire Code.

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 provisions of Part 9 of the California Building Standards Code, known as the California Fire Code, are hereby modified, changed and amended, as provided for in this ordinance, based upon the foregoing recitals and findings. The City Council takes said action because of the public interest in protecting life and preserving public safety and property. Chapters 8.04 and 8.08 of the Pismo Beach Municipal Code are hereby repealed and replaced by new Chapters 8.04 and 8.08 as follows.

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Chapter 8.04 GENERAL PROVISIONS

8.04.010 Adoption of fire code.

One document on file in City offices, marked and designated as the 2022 edition of the California Fire Code is hereby adopted, including chapters and sections not adopted by agencies of the State of California, and including appendices thereto, as the Fire Prevention Regulations of the City of Pismo Beach. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this Chapter except as modified in Chapter 8.08.

8.04.020 Fire code official designated.

The Fire Chief is hereby designated as the fire code official for the City of Pismo Beach.

8.04.030 Referenced codes and standards.

Where other codes and standards are referred to in the code adopted in Section

8.04.010, the following shall apply:

A. International Building Code shall mean California Building Code or California Residential Code, as applicable.

B. International Plumbing Code shall mean California Plumbing Code.

C. International Fuel Gas Code shall mean California Plumbing Code.

D. International Mechanical Code shall mean California Mechanical Code.

E. NFPA 70 and National Electrical Code shall mean California Electrical Code.

F. International Residential Code for One- and Two-family Dwellings shall mean California Residential Code.

G. International Fire Code shall mean California Fire Code.

H. International Existing Building Code shall mean the California Existing Building Code.

Chapter 8.08 FIRE PREVENTION REGULATIONS

8.08.010 Amendments; California Fire Code.

The California Fire Code adopted in Section 8.04.010 is modified, amended and/or supplemented as follows:

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A. Delete Appendices A, D, E, G, J, K, L, M, and N.

B. Amend Section 101.1 to read as follows:

101.1 Title. These regulations shall be known as the California Fire Code, hereinafter referred to as “this Code”.

C. Amend Section 102.3 to read as follows:

102.3 Change of use or occupancy. A change of occupancy in a building or structure shall not be made unless such building or structure is made to comply with this code, the California Building Code and the California Existing Building Code.

Exception: Where approved by the building official and the fire code official, a change of use or occupancy shall be permitted without complying with all requirements of this code, the California Building Code and the California Existing Building Code, provided that the new or proposed use or occupancy is less hazardous, based on life and fire risk, than the existing use or occupancy.

D. Amend Section 103.1 to read as follows:

103.1 General. The bureau of fire prevention is established within the jurisdiction under the direction of the fire code official. The function of the bureau shall be the implementation, administration and enforcement of the provisions of this code.

E. Add Section 103.3.1 to read as follows:

103.3.1 Fire prevention bureau personnel and police. The chief of the fire department and other members of the California Department of Forestry and Fire Protection/Pismo Beach Fire Department designated by the chief of the fire department have the authority of peace officers or public officers pursuant to California Penal Code sections 830.2(g), 830.7(d) and 836.5(a) in performing their duties under the California Fire Code.

F. Add Section 104.5.1 to read as follows:

104.5.1 Citations. The fire code official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

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G. Amend Section 105.3.3 to read as follows:

105.3.3 Occupancy and use prohibited before approval. The building or structure shall not be occupied prior to the fire code official issuing a permit and conducting associated inspections indicating that applicable provisions of this code have been met. No appliance, device, equipment, or system shall be operated or used until the installation has been approved and permitted by the fire code official and all applicable provisions of this code have been met. It shall be the duty of the permit applicant or contractor or both to cause the work to remain accessible and exposed for inspection purposes.

H. Add Section 105.6.52 to read as follows:

105.6.52 Commercial barbecue pits. All commercial barbecues shall comply with the requirements set forth in Chapter 8.36 of the Municipal Code.

I. Amend Section 109.1 to read as follows:

109.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The City Manager shall provide staff services for the board. The board of appeals shall be appointed on an “as needed” basis by the City Council and shall hold office at its pleasure. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. The fee for appeals shall be consistent with the fees established by the City Council.

J. Amend Section 110.4 to read as follows:

110.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate issued under the provisions of this code and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of appeals within the time fixed herein, shall be guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise

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specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

K. Amend Section 112.4 to read as follows:

112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties and code enforcement procedures set forth in Chapters 1.20, 1.24 and 1.28 of the City of Pismo Beach Municipal Code.

L. Amend Section 405.7 to read as follows:

405.7 Initiation. Where a fire alarm system is provided, emergency evacuation drills shall be initiated by activating the fire alarm system. Prior to initiating an alarm, the person initiating the alarm shall contact the fire alarm monitoring company and advise the company’s dispatcher of the fire drill. In cases where the fire alarm system is not monitored by a central station, notification shall be provided to the fire department dispatch center.

M. Add Section 503.1.2.1 to read as follows:

503.1.2.1 Maximum dead-end road lengths. The maximum length of dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed 500 feet (152 m).

N. Amend Section 503.2.7 to read as follows:

503.2.7 Grade. The grade of the fire apparatus access road shall not exceed 16% without approval of the fire code official.

O. Amend Section 504.3 to read as follows:

504.3 Stairway access to roof. New buildings two or more stories above grade plane, except those with a roof slope greater than four units vertical in 12 units horizontal (33.3-percent slope), shall be provided with a stairway to the roof or other access to the roof for emergency personnel approved by the fire code official. Stairway access to the roof shall be in accordance with Section 1011.2. Such stairway or other approved access shall be marked at street and floor levels with a sign indicating that the stairway or access continues to the roof. Where roofs are used for roof gardens or for other purposes, stairways shall be provided as required for such occupancy classification.

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P. Amend Section 505.1 and add Section 505.1.1 to read as follows:

505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in apposition that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Numbers shall not be spelled out. Address numbers shall be Arabic numbers or alphabetical letters. Each character shall be not less than 6 inches (152.4 mm) high for residential buildings and 8 inches (203.2 mm) for non-residential buildings, with a minimum stroke of 0.5 inch (12.7 mm), unless otherwise required to be greater in height or of reflective material as determined by the fire code official during the jurisdiction’s development review process for a specific project. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole other sign or means shall be used to identify the structure. Address identification shall be maintained.

505.1.1 Directories. When required by the fire code official, complexes with multiple buildings may be required to provide directories, premises maps and directional signs. The scale, design and location of directory signs shall be approved by the fire code official and may be required to be illuminated.

Q. Amend Section 507.5.1 to read as follows:

507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

Exception: For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section R313 of the California Residential Code or Section 903 of the California Building Code and this code, as amended, the distance requirement shall be not more than 600 feet (183 m).

R. Amend Section 603.1.4 to read as follows:

603.1.4 Fuel oil. The grade of fuel oil used in a burner shall be that for which the burner is approved and as stipulated by the burner manufacturer. Oil containing gasoline shall not be used.

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S. Amend Section 603.9 to read as follows:

603.9 Gas meters. Above-ground gas meters, regulators and piping subject to damage shall be protected by a barrier complying with Section 312 or otherwise protected in an approved manner. Gas meters shall be permanently marked identifying the building or system served.

T. Delete Sections 903.2 through 903.2.11.3. Add new Sections 903.2 and 903.2.1 through 903.2.11.3 to read as follows:

903.2 Where required. An approved automatic fire sprinkler system shall be installed:

1. Throughout new buildings.

Exceptions:

1. A single-story building that contains any occupancy other than Group R, H or I where floor area does not exceed
1000 square feet (92.9 m2).

2. A building containing a Group R, Division 3 occupancy not more than three stories above grade plane in height shall comply with the automatic fire sprinkler system
requirements of Section R313 of the California Residential Code.

3. A building that contains only a Group A, Division 5
occupancy. Notwithstanding the foregoing exception,
concession stands, retail areas, press boxes and other
accessory use areas in excess of 1,000 square feet (93
m2) shall be provided with an automatic fire sprinkler
system.

2. Throughout existing and new sections of an existing building where floor area is increased by 1000 square feet (92.9 m2) or where the floor area of a room or rooms altered exceeds fifty (50) percent of the existing building floor area. Increase in floor area and area of alterations shall be cumulative from January 1, 2008, with each issuance of a building permit, regardless of any change of ownership.

Exceptions:

1. Alterations limited to replacement of exterior coverings, windows, roofing, electrical services, sewer laterals,
retaining walls, and routine plumbing, electrical and
mechanical repairs.

2. A building containing a Group R, Division 3 occupancy not more than three stories above grade plane in height shall comply with the automatic fire sprinkler system

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requirements of Section R313 of the California Residential Code.

3. Throughout existing and new sections of an existing building where an additional story is added.

Exception: A building that contains a Group R, Division 3 occupancy that will not be more than three stories above grade plane in height shall comply with the automatic fire sprinkler system requirements of Section R313 of the
California Residential Code.

4. In additions to existing buildings equipped with an automatic fire sprinkler system.

5. Throughout existing and new sections of an existing building where there is an occupancy classification change resulting in a higher hazard as determined by Table 903.2(5).

Table 903.2(5)
Hazard Categories

6. In buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled in quantities.

7. Throughout a manufactured home, multi-family manufactured home, commercial coach, or mobile home.

Exceptions:

1. A commercial coach where floor area does not exceed
1,000 square feet (92 m2).

2. A temporary commercial coach not equipped with
automatic fire sprinklers.

3. A mobile home constructed before March 13, 2011 and not equipped with automatic fire sprinklers.

For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls shall be considered as one building. For the purpose of calculating square footage Relative Hazard Occupancy Classifications
1 (Highest Hazard) H
2 I-2, I-3, I-4
3 A, E, I-1, M, R-1, R-2, R-4
4 B, F-1, R-3, S-1
5 (Lowest Hazard) F-2, S-2, U

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for the application of fire sprinkler requirements and fire flow requirements, the floor area shall be as defined by Floor Area Gross found in Section 202 of this code.

903.2.1 through 903.2.11.3 not used. Text continues with Section 903.2.11.4.

U. Add Section 903.3.5.3 to read:

903.3.5.3 Minimum water supply. The minimum water supply for an automatic residential fire sprinkler system designed in accordance with Section R313 of the California Residential Code or NFPA 13D shall be not less than a 1-inch nominal pipe size for the service lateral from the water main to the water meter location and not less than a 1-inch water meter.

V. Add Section 903.3.10 to read as follows:

903.3.10 Exterior locations. Automatic fire sprinklers installed at exterior locations shall be approved corrosion-resistant devices.

W. Amend Section 905.3.1, with all Exceptions to remain unmodified, to read as follows:

905.3.1 Building height and area. In other than Group R-3 and R-3.1 occupancies, Class III standpipe systems shall be installed throughout at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet (9144 mm) above the lowest level of the fire department vehicle access.

2. Buildings where the floor level of the lowest story is located more than 30 feet (9144 mm) below the highest level of fire department vehicle access.

3. Buildings that are two or more stories below the highest level of fire department vehicle access.

4. A parking structure.

A building that is greater than 20,000 square feet (1.858 m2) of floor area and greater than 18 feet (5.49 m) in height shall have a dry or wet standpipe system with a 2-½ inch (64 mm) outlet at the roof near the roof access.

Location of the outlet and the fire department connection to the standpipe shall be labeled and approved by the fire code official.

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X. Amend Section 907.6.6 to read as follows:

907.6.6 Monitoring. Fire alarm systems required by this chapter or by the California Building Code shall be monitored by an approved central station service listed by Underwriters Laboratory for receiving fire alarms in accordance with NFPA 72 and this section. The central station shall contact and notify the police/fire dispatch center immediately on notification of an alarm and prior to making contact with the protected premises.

Exceptions: Monitoring by a central station is not required for:

1. Single- and multiple-station smoke alarms required by Section 907.2.11.

2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3.

3. Automatic sprinkler systems in one- and two-family dwellings.

Y. Amend Section 2306.2.3 to read as follows:

2306.2.3 Above-ground tanks located outside, above grade. Above- ground tanks shall not be used for the storage and dispensing of Class I, II, or III liquid motor fuels except when approved by the fire code official and in accordance with this Section, Section 5704.2.7 and Sections 5704.2.9.6 through 5704.2.9.6.3 and the stored fuels will not be offered for resale.

1. Above-ground tanks used for outside, above-grade storage of Class I liquids shall be listed and labeled as protected above-ground tanks in accordance with UL2085 and shall be in accordance with Chapter

57. Such tanks shall be located in accordance with Table 2306.2.3.

2. Above-ground tanks used for outside, above-grade storage of Class II or IIIA liquids shall be listed and labeled as protected above-ground tanks in accordance with UL2085 and shall be installed in accordance with Chapter 57. Tank locations shall be in accordance with Table 2306.2.3.

3. Tanks containing fuels shall not exceed 8,000 gallons (30 274 L) in individual capacity or 16,000 gallons (60 549 L) in aggregate capacity. Installations with the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 feet (30 480 mm).

4. Tanks located at farms, construction projects, or rural areas shall comply with Section 5706.2.

5. Above-ground tanks used for outside storage of Class IIIB liquid motor fuel shall be listed and labeled in accordance with UL 142 or

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shall be listed and labeled as protected above-ground tanks in accordance with UL 2085 and shall be installed in accordance with Chapter 57. Tank locations shall be in accordance with Table 2306.2.3.

Z. Amend Section 5504.3 to read as follows:

5504.3 Outdoor storage. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited, except when permitted by the City and approved by the fire code official. Where outdoor storage of cryogenic fluids is allowed, containers of cryogenic fluids shall not be located within an area surrounded by a dike and containing other hazardous materials and shall be in accordance with Sections 5504.3.1 through 5504.3.1.2.3.

AA. Amend Section 5601.1.3 to read as follows:

5601.1.3 Fireworks prohibited. The possession, manufacture, storage, sale, handling and use of fireworks, including without limitation, “Safe and Sane” fireworks, are prohibited.

Exception: Use and handling of fireworks for professional display in accordance with Title 19, California Code of Regulations, Chapter 6 and with a written waiver from the Fire Code Official approving the public display.

5601.1.3.1 Seizure of Fireworks. The fire code official shall have the authority to seize, take and remove fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19, California Code of Regulations, Chapter 6 and California Health and Safety Code, Chapter 9.

BB. Amend Sections 5704.2.9.6 and 5704.2.9.6.1 to read as follows:

5704.2.9.6 Above-ground tanks outside of buildings. Above-ground tanks outside of buildings shall comply with Sections 5704.2.9.6.1 through 5704.2.9.6.3 and Section 2306.2.3.

5704.2.9.6.1 Locations where above-ground tanks are prohibited.

Storage of Class I, Class II, and Class III liquids in unprotected above- ground tanks outside of buildings is prohibited. Tanks containing fuels shall not exceed 8,000 gallons (30 274 L) in individual capacity or 16,000 gallons (60 549 L) in aggregate capacity. Installations with the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 feet (30 480 mm).

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CC. Amend Section 5706.2.4.4 to read as follows:

5706.2.4.4 Location where above-ground tanks are prohibited. The storage of Class I liquids in above-ground tanks outside of buildings is prohibited. Class II and III liquids may be stored in approved above-ground containers for the purpose of dispensing only at facilities complying to Section 5706.1 where no sales to the public occur. Above-ground tanks containing Class II and Class III liquids shall not exceed 2,000 gallons.

Plans for the installation of above-ground tanks shall be submitted to the fire code official approval and in conformance with applicable codes and standards. When required, a Conditional Use Permit shall be obtained from the City.

DD. Amend Section 6104.2 to read as follows:

6104.2 Maximum capacity within established limits. The installation of any liquefied petroleum gas tank over 500 gallons (1 892 L) water capacity is prohibited unless approved by the fire code official.

Exception: In particular installations, this capacity limit shall be determined by the fire code official, after consideration of special features such as topographical conditions, nature of occupancy, proximity to buildings, capacity of proposed LP-gas containers, degree of fire protection to be provided and capabilities of the local fire department.

SECTION 3.

The provisions of State Building Standards Code are hereby modified, changed and amended, as provided for in this ordinance, based upon the foregoing recitals and findings. The City Council takes said action because of the public interest in protecting life and preserving public safety and property. Chapters 15.04 and 15.08 of the Pismo Beach Municipal Code are hereby repealed and replaced by new Chapters 15.04 and

15.08 as follows:

Chapter 15.04 GENERAL PROVISIONS

15.04.010 Adoption of construction codes.

Ten documents, each of which are on file in City offices, marked and designated as (1) the 2022 edition of the California Building Code (Volumes 1 and 2) (Part 2 of Title 24 of the California Code of Regulations), (2) the 2022 edition of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), (3) the 2022 edition of the California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), (4) the 2022 edition of the California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations), (5) the

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2022 edition of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), (6) the 2022 edition of California Energy Code (Part 6 of Title 24 of the California Code of Regulations), (7) the 2022 edition of the California Historical Building Code (Part 8 of Title 24 of the California Code of Regulations), (8) the 2022 edition of the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations), (9) the 2022 edition of the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations, and (10) the 2021 edition of the International Property Maintenance Code published by the International Code Council are hereby adopted, including chapters and sections of the 2021 International Building Code, 2021 International Residential Code, 2021 Uniform Mechanical Code, 2021 Uniform Plumbing Code, and 2020 National Electrical Code not adopted by agencies of the state of California not adopted by agencies of the State of California, and including appendices thereto, as the Building Construction Regulations of the City of Pismo Beach. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this Chapter except as modified in Chapter 15.08.

15.04.020 Building Official designated.

The Building Official is hereby designated as the building official and code official for the City of Pismo Beach. Where the “authority having jurisdiction” is used in the adopted codes, it shall mean the building official.

15.04.030 Referenced codes and standards.

Where other codes and standards are referred to in the codes adopted in Section

15.04.010, the following shall apply:

A. International Building Code shall mean California Building Code or California Residential Code, as applicable.

B. International Plumbing Code shall mean California Plumbing Code.

C. International Fuel Gas Code shall mean California Plumbing Code.

D. International Mechanical Code shall mean California Mechanical Code.

E. NFPA 70 and National Electrical Code shall mean California Electrical Code.

F. International Residential Code for One- and Two-family Dwellings shall mean California Residential Code.

G. International Fire Code shall mean California Fire Code.

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H. International Existing Building Code shall mean California Existing Building Code.

I. International Zoning Code shall mean applicable provisions of Chapters 16 and 17 of the City of Pismo Beach Municipal Code.

Chapter 15.08 CONSTRUCTION REGULATIONS

15.08.010 Amendments; California Building Code.

The California Building Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Delete Appendices A, B, D, F, and K, M, N, O.

B. Amend Section 101.1 to read as follows:

101.1 Title. These regulations shall be known as the California Building Code, hereinafter referred to as “this code.”

C. Amend Section 101.4 to read as follows:

101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.8 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each reference.

D. Add Section 101.4.8 to read as follows:

101.4.8 Electrical. The provisions of the California Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, and replacement of electrical equipment, appliances, fixtures, fittings and appurtenances thereto.

E. Amend 103.1 to read as follows:

103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge thereof shall be known as the building official.

F. Add Section 104.3.1 to read as follows:

104.3.1 Citations. The building official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

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G. Add Section 104.12 to read as follows:

104.12 Discovery of archaeological resources. In the event archaeological resources are unearthed or discovered during any construction activities, the building official shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist and/or Native American, and disposition of artifacts may be accomplished in accordance with applicable laws and ordinances. If discovered archaeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the building official shall notify the county coroner. If human remains are found to be of an ancient age and of archaeological and spiritual significance, the building official shall notify the Native American Heritage Commission.

H. Amend Section 105.2, Building exemptions only, to read as follows:

105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage shed, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m2).

2. Fences not over 6 feet (1829 mm) high.

3. Oil derricks.

4. Retaining walls and non-retaining walls, including masonry and concrete free-standing walls, that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

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9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.

10. Shade cloth structures constructed for nursery or agriculture purposes, not including service systems.

11. Swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.

I. Amend Section 105.3.2 to read as follows:

105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 365 days after the date of filing, unless a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. No extension of time granted by the building official shall extend the application beyond the effective date of the next edition of the triennial California Building Standards Code. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

J. Add Section 109.2.1 to read as follows:

109.2.1 Plan review fees. When submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be in accordance with the schedule as established by the applicable governing body.

Separate plan review fees shall apply to permits for retaining walls and major drainage structures in conjunction with grading. For excavation and fill on the same site, the plan review fee for grading shall be based on the volume of excavation or fill, whichever is greater.

The plan review fees specified in this section are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees.

Where submittal documents are incomplete or changed so as to require additional plan review, or where the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee may be charged at a rate established by the applicable governing authority.

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K. Amend Section 109.4 to read as follows:

109.4 Work commencing before permit issuance.

109.4.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

109.4.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

L. Delete the exception to Section 110.3.5.

M. Add Section 112.4 to read as follows:

112.4 Underground utility services. All new electric, telephone, television, and other communication service connections, for all new, altered, or enlarged buildings shall be provided by underground wiring. Extension of electric or communication distribution lines to serve such projects shall be underground wiring.

Exceptions:

1. Replacement or relocation of electric service equipment served by existing overhead wiring.

2. Where determined by the building official to be impractical or infeasible within the standards and practices of the utility or other companies providing such services.

Where the utility or other company’s distribution system is underground, the service lines shall terminate at a connection point designated by the utility company. Where the utility or other company’s distribution is overhead, the service lines shall terminate as a pole riser on a pole designated by the utility company.

N. Amend Chapter 113 to read as follows:

113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of the California Building Standards Code and the International Property Maintenance Code, there shall be and is hereby created a Board of Appeals. Said Board shall also serve as the Housing

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Appeals Board and the Local Appeals Board referenced in the California Building Standards Code. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The Board of Appeals shall be appointed on an “as needed” basis by the City Council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. The fee for appeals shall be consistent with fees established by the applicable governing authority.

113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of the California Building Standards Code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of the California Building Standards Code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of the adopted codes. For appeals relating to accommodations for the disabled, the authority of the board shall include the ability to authorize reasonable alternatives to disabled access requirements imposed by the California Building Standards Code.

113.3 Qualifications. The board of appeals shall consist of five members who are qualified by experience and training to pass on matters pertaining to building construction and building service equipment and are not employees of the jurisdiction. For matters subject to the appeal process referenced in Section 1.9.1.5 of the California Building Code regarding accommodations for persons with physical disabilities, the board of appeals shall consist of two members experienced in construction, two members that are persons with disabilities as defined in the California Building Code, and one public member.

O. Amend Section 114.1 to read as follows:

114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

It shall be unlawful for any person, firm or corporation to use for habitation, storage or any structural purpose, any discarded, salvaged, abandoned or replaced travel trailer, trucking trailer, cargo container, streetcar, bus body, rail car or other vehicle body. It shall be unlawful for any person, firm or corporation to use a travel trailer or recreational vehicle for residential purposes, except in an approved campground or recreational vehicle park.

P. Amend Section 114.4 to read as follows:

114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects,

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constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of appeals within the time fixed herein, shall be guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

Q. Amend Section 115.3 to read as follows:

115.3 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties and code enforcement procedures set forth in Chapters 1.20, 1.24 and 1.28 of the City of Pismo Beach Municipal Code.

R. Amend Section 116.1 to read as follows:

116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section and the 2021 edition of the International Property Maintenance Code, as adopted. A vacant structure that is not secured against entry shall be deemed unsafe.

S. Amend Section 502 to read as follows:

502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in apposition that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Numbers shall not be spelled out. Address numbers shall be Arabic numbers or alphabetical letters. Each character shall be not less than 6 inches (152.4 mm) high for residential buildings and 8 inches (203.2 mm) for non-residential buildings, with a minimum stroke of 0.5 inch (12.7 mm), unless otherwise required to be greater in height or of reflective material as

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determined by the fire code official during the jurisdiction’s development review process for a specific project. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole other sign or means shall be used to identify the structure. Address identification shall be maintained.

T. Delete Sections 903.2 through 903.2.11.3. Add new Sections 903.2 and 903.2.1 through 903.2.11.3 to read as follows:

903.2 Where required. An approved automatic fire sprinkler system shall be installed:

1. Throughout new buildings.

Exceptions:

1. A single-story building that contains any occupancy other than Group R, H or I where floor area does not exceed
1000 square feet (92.9 m2).

2. A building containing a Group R, Division 3 occupancy not more than three stories above grade plane in height shall comply with the automatic fire sprinkler system
requirements of Section R313 of the California Residential Code.

3. A building that contains only a Group A, Division 5
occupancy. Notwithstanding the foregoing exception,
concession stands, retail areas, press boxes and other
accessory use areas in excess of 1,000 square feet (93
m2) shall be provided with an automatic fire sprinkler
system.

2. Throughout existing and new sections of an existing building where floor area is increased by 1000 square feet (92 m2) or where the floor area of a room or rooms altered exceeds fifty (50) percent of the existing building floor area. Increase in floor area and area of alterations shall be cumulative from January 1, 2008, with each issuance of a building permit, regardless of any change of ownership.

Exceptions:

1. Alterations limited to replacement of exterior coverings, windows, roofing, electrical services, sewer laterals,
retaining walls, and routine plumbing, electrical and
mechanical repairs.

2. A building containing a Group R, Division 3 occupancy not more than three stories above grade plane in height shall

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comply with the automatic fire sprinkler system
requirements of Section R313 of the California Residential Code.

3. Throughout existing and new sections of an existing building where an additional story is added.

Exception: A building that contains a Group R, Division 3 occupancy that will not be more than three stories above grade plane in height shall comply with the automatic fire sprinkler system requirements of Section R313 of the
California Residential Code.

4. In additions to existing buildings equipped with an automatic fire sprinkler system.

5. Throughout existing and new sections of an existing building where there is an occupancy classification change resulting in a higher hazard as determined by Table 903.2(5).

Table 903.2(5)
Hazard Categories

6. In buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled.

For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls shall be considered as one building. For the purpose of calculating square footage for the application of fire sprinkler requirements and fire flow requirements, the floor area shall be as defined by Floor Area Gross in Section 202 of this code.

903.2.1 through 903.2.11.3 not used. Text continues with Section 903.2.11.4.

Relative Hazard Occupancy Classifications
1 (Highest Hazard) H
2 I-2, I-3, I-4
3 A, E, I-1, M, R-1, R-2, R-4
4 B, F-1, R-3, S-1
5 (Lowest Hazard) F-2, S-2, U

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U. Add Section 903.3.5.3 to read:

903.3.5.3 Minimum water supply. The minimum water supply for an automatic residential fire sprinkler system designed in accordance with Section R313 of the California Residential Code or NFPA 13D shall be not less than a 1-inch nominal pipe size for the service lateral from the water main to the water meter location and not less than a 1-inch water meter.

V. Add Section 903.3.10 to read as follows:

903.3.10 Exterior locations. Automatic fire sprinklers installed at exterior locations shall be approved corrosion-resistant devices.

W. Amend Section 905.3.1, with all Exceptions to remain unmodified, to read as follows:

905.3.1 Building height and area. In other than Group R-3 and R-3.1 occupancies, Class III standpipe systems shall be installed throughout each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet (9144 mm) above the lowest level of the fire department vehicle access.

2. Buildings where the floor level of the lowest story is located more than 30 feet (9144 mm) below the highest level of fire department vehicle access.

3. Buildings that are two or more stories below the highest level of fire department vehicle access.

4. A parking structure.

A building that is greater than 20,000 square feet (1.858 m2) of floor area and greater than 18 feet (5.49 m) in height shall have a dry or wet standpipe system with a 2-½ inch (64 mm) outlet at the roof near the roof access.

Location of the outlet and the fire department connection to the standpipe shall be labeled and approved by the fire code official.

X. Amend Section 907.6.6 to read as follows:

907.6.6 Monitoring. Fire alarm systems required by this chapter or by the California Fire Code shall be monitored by an approved central station service listed by Underwriters Laboratory for receiving fire alarms in accordance with NFPA 72 and this section. The central station shall contact

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and notify the police/fire dispatch center immediately on notification of an alarm and prior to making contact with the protected premises.

Exception: Monitoring by a central station is not required for:

1. Single- and multiple-station smoke alarms required by Section 907.2.10.

2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3.

3. Automatic sprinkler systems in one- and two-family dwellings.

Y. Amend Section 1030.1 to read as follows:

1030.1 General. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in Group R occupancies. Basements and sleeping rooms below the fourth story above grade plane shall not fewer than one exterior emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, emergency escape and rescue openings shall be required in each sleeping room, but hall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way.

Exceptions:

1. In Groups R-1 and R-2 occupancies constructed of Type I, Type IIA, Type IIIA or Type IV construction equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1.

2. Group R-2.1 occupancies meeting the requirements for delayed egress in accordance with Section1010.1.9.8 may have operable windows that are breakable in sleeping rooms permanently restricted to a maximum 4-inch open position.

3. Basements with a ceiling height of less than 80 inches (2032 mm) shall not be required to have emergency escape and rescue openings.

4. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit balcony that opens to a public way.

5. Basements without habitable spaces and having not more than 200 square feet (18.6 m2) in floor area shall not be required to have emergency escape and rescue openings.

6. In Group R-2.2 occupancies a certified fire escape is acceptable as a secondary means of egress for existing buildings for this section of the code.

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Z. Add Section 1506.4 to read as follows:

1506.4 Wood shake and shingle roof covering limitations. Wood shake or shingle roof coverings shall not be installed on any building. A roof covering shall not be applied over existing wood shakes or shingles.

Exception: A wood shake or wood shingle system listed as a Class A-rated roof covering.

AA. Amend Section 3201.1 to read as follows:

3201.1 Scope. The provisions of this chapter and Chapter 12.32 of the Municipal Code shall govern encroachment of structures into the public right-of-way.

BB. Amend Section 3201.3 to read as follows:

3201.3 Other laws. The provisions of this chapter shall not be construed to permit violation of other laws or ordinances regulating the use and occupancy of public property. The projection of any structure or portion thereof into a right-of-way shall be subject to an encroachment permit issued by the City of Pismo Beach, State of California, or other agency having jurisdiction over the public right-of-way.

CC. Amend Section 3201.4 to read as follows:

3201.4 Drainage. Drainage water collected from a roof, awning, canopy or marquee, and condensate from mechanical equipment shall not flow over a public walking surface unless specifically approved by the City Engineer.

DD. Delete Sections 3202.2.1, 3202.2.2 and 3202.2.3 and amend section 3202.2 to read as follows:

3202.2 Encroachments above grade and below 8 feet in height.

Encroachments into the public right-of-way above grade and below 8 feet (2438 mm) in height shall be prohibited. Doors, windows and stairs shall not open or project into the public right-of-way.

EE. Amend Section 3202.3.1 to read as follows:

3202.3.1 Awnings, canopies, marquees, roof overhangs, roof projections, and signs. Awnings, canopies, marquees, roof overhangs, roof projections, and signs shall be constructed so as to support applicable loads as specified in Chapter 16. Roof overhangs or projections shall not be used for human occupancy. Awnings, canopies, marquees, roof overhangs, roof projections and signs with less than 15 feet (4572 mm)

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clearance above the sidewalk shall not extend into or occupy more than two-thirds the width of the sidewalk measured from the building to the face of curb. Stanchions or columns that support awnings, canopies, marquees, and signs shall not be located on the public right-of-way.

FF. Add Exception to Section 3202.3.2 to read as follows:

3202.3.2 Windows, architectural features and mechanical equipment.

Where the vertical clearance above grade to projecting windows, architectural features or mechanical equipment is more than 8 feet (2438 mm), 1 inch (25 mm) of encroachment is permitted for each additional 1 inch of clearance above 8 feet (2438 mm), but the maximum encroachment shall be 4 feet (11219 mm).

Exception: For windows and architectural features projecting over a public sidewalk, the minimum vertical clearance may be 8 feet (2438 mm) for the maximum encroachment length of 4 feet (11219 mm) and the maximum projection shall be not less than 2 feet (610 mm) from the face of curb.

GG. Amend Appendix Section G104.1 to read as follows:

G104.1 Permit application and processing. Any person, owner, or owner’s authorized agent who intends to conduct any development in a flood hazard area shall first make application to the building official and shall obtain the required permit. The processing and administration of a permit application shall be as prescribed in Sections 105 and 107.

HH. Amend Appendix Section H101.2 to read as follows:

H101.2 Signs exempt from permits. The following signs are exempt from the requirement to obtain a permit from the building official before erection or alteration of a sign:

1. Signs where a Planning Permit is not required.

2. Temporary signs announcing the sale or rent of property.

3. Signs erected by transportation authorities.

II. Add Appendix Section H106.3 to read as follows:

H106.3 Sign Operation. Illuminated signs shall remain off pending final inspection approval.

JJ. Add Appendix Sections J101.3 and J101.4 to read as follows:

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J101.3 Hillsides. The term hillside area is defined as all properties with slopes of 10 percent or more. No grading shall commence on slopes greater than 30 percent, including but not limited to access roads and driveways unless approved by the Planning Commission or the City Council. The hillside development regulations of the city zoning ordinance and General Plan/Local Coastal Plan Policy C0-10 shall apply in addition to the standards and procedures set forth in this code for all properties in this category.

J101.4 Approval for building construction. Prior to commencement of any building construction, pursuant to a building permit for the graded site, a benchmark shall be provided to verify that the building site is graded in conformance with the approved grading plan. No building construction shall be started until the building official or city engineer has verified that the rough grading conforms to the approved plan, including any interim or permanent erosion control measures deemed necessary.

KK. Amend Appendix Section J103.2 and add Appendix Sections J103.3 and J103.4 to read as follows:

J103.2 Exempted work. A grading permit shall not be required for the following:

1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.

2. Excavation for construction of a structure permitted under this code.

3. Cemetery graves.

4. Refuse disposal sites controlled by other regulations.

5. Excavations for wells, or trenches for utilities.

6. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel, aggregate, or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.

7. Exploratory excavations performed under the direction of a registered design professional.

8. An excavation which does not exceed fifty cubic yards and (1) is less than 2 feet (610 mm) in depth or (2) does not create a cut slope greater than 5 feet (1524 mm) in height and steeper than 1 unit vertical to 2 units horizontal.

9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical to 5 units horizontal, not intended to support structures, on any one lot and does not obstruct a drainage course.

10. A fill less than 3 foot (38.3 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical to 5 units horizontal, not

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intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course.

Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

J103.3 Early grading. A grading permit shall not be issued prior to issuance of a building permit for the project unless:

1. Approval of a tentative subdivision or tract map, use permit, planning permit or similar authorization has been granted; and

2. Related street and utility grades have been established and approved; and

3. A surety bond in accordance with Section J103.4 is deposited to guarantee restoration of the site to a natural or other condition acceptable to the building official should the project not proceed to completion.

J103.4 Bonds. The building official may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions or restore a graded site to the original condition. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond.

The city engineer may require that bonds be posted to recover the full costs of any damage to public right-of-way which may occur because of the peculiar nature or large scope of the project, such as transportation of fill or heavy equipment on local streets not designed to accommodate the traffic.

LL. Amend Appendix Section J104.2 to read as follows:

J104.2 Site plan requirements. In addition to the provisions of Section 107, a grading plan shall show the existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of this code.

The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this code. The plans shall show existing drainage conditions and drainage devices and all proposed changes thereto. The plans shall include the location and dimension of all trees on the site to remain and to be removed which are 3 inches (76.2 mm) in diameter or larger at the trunk, measured at 4.5 feet (1.37 m) above ground level. A preservation plan shall be

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submitted for all trees to remain. The plans shall indicate where excess material, rocks, or rubble will be disposed of.

MM. Add Appendix Section J110.3 to read as follows:

J110.3 Other standards. Erosion control measures shall conform to the following standards and approval processes:

1. The City of Pismo Beach Storm Water Management Plan.

2. The most current “Erosion and Sediment Control Field Manual” published by the California Regional Water Quality Control Board, San Francisco Bay Region.

3. NPDES permit requirements.

4. The 2022 California Green Building Standards Code.

15.08.020 Amendments; California Residential Code.

The California Residential Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Delete Appendices A, B, C, D, E, F, G, I, J, K, L, M, N, O, P, Q, R, T, U, and W.

B. Amend Section R101.1 to read as follows:

R101.1 Title. These provisions shall be known as the California Residential Code and shall be cited as such and shall be referred to herein as “this code”.

C. Amend Section R103.1 to read as follows:

R103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge thereof shall be known as the building official.

D. Add Section R104.3.1 to read as follows:

R104.3.1 Citations. The building official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

E. Add Section R104.12 to read as follows:

R104.12 Discovery of archaeological resources. In the event archaeological resources are unearthed or discovered during any construction activities, the building official shall be notified so that the extent

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and location of discovered materials may be recorded by a qualified archaeologist and/or Native American, and disposition of artifacts may be accomplished in accordance with applicable laws and ordinances. If discovered archaeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the building official shall notify the county coroner. If human remains are found to be of an ancient age and of archaeological and spiritual significance, the building official shall notify the Native American Heritage Commission.

F. Amend Section R105.2 and the Building exemptions only to read as follows:

R105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures, provided the floor area does not exceed 120 square feet (11.15 m2).

2. Fences not over 6 feet (1829 mm) high.

3. Retaining walls and non-retaining walls, including masonry and concrete free-standing walls, that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

4. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1.

5. Sidewalks and driveways.

6. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.

7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.

8. Swings and playground equipment.

9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

10. Decks not attached to a dwelling and not more than 30 inches (762 mm) above grade at any point.

G. Amend Section R105.3.2 to read as follows:

R105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 365 days

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after the date of filing, unless a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. No extension of time granted by the building official shall extend the application beyond the effective date of the next edition of the triennial California Building Standards Code. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

H. Add Section R108.2.1 to read as follows:

R108.2.1 Plan review fees. When submittal documents are required by Section R106.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be in accordance with the schedule as established by the applicable governing body.

Separate plan review fees shall apply to permits for retaining walls and major drainage structures in conjunction with grading. For excavation and fill on the same site, the plan review fee for grading shall be based on the volume of excavation or fill, whichever is greater.

The plan review fees specified in this section are separate fees from the permit fees specified in Section R108.2 and are in addition to the permit fees.

Where submittal documents are incomplete or changed so as to require additional plan review, an additional plan review fee may be charged at a rate established by the applicable governing authority.

I. Amend Section R108.6 to read as follows:

R108.6 Work commencing before permit issuance.

R108.6.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

R108.6.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

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J. Add Section R111.4 to read as follows:

R111.4 Underground utility services. All new electric, telephone, television, and other communication service connections, for all new, altered, or enlarged buildings shall be provided by underground wiring.

Extension of electric or communication distribution lines to serve such projects shall be underground wiring.

Exceptions:

1. Replacement or relocation of electric service equipment served by existing overhead wiring.

2. Where determined by the building official to be impractical or infeasible within the standards and practices of the utility or other companies providing such services.

Where the utility or other company's distribution system is underground, the service lines shall terminate at a connection point designated by the utility company. Where the utility or other company's distribution is overhead, the service lines shall terminate as a pole riser on a pole designated by the utility company.

K. Amend Section R112.1 to read as follows and delete Sections R112.2 through R112.4:

R112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, the provisions of Section 113 of the California Building Code, as amended, shall apply.

L. Amend Section R113.1 to read as follows:

R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. It shall be unlawful for any person, firm or corporation to use for habitation, storage or any structural purpose, any discarded, salvaged, abandoned or replaced travel trailer, trucking trailer, cargo container, streetcar, bus body, rail car or other vehicle body. It shall be unlawful for any person, firm or corporation to use a travel trailer or recreational vehicle for residential purposes, except in an approved campground or recreational vehicle park.

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M. Amend Section R113.4 to read as follows:

R113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of appeals within the time fixed herein, shall be guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

N. Amend Section R114.2 to read as follows:

R114.2 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties and code enforcement procedures set forth in Chapters 1.20, 1.24 and 1.28 of the City of Pismo Beach Municipal Code.

O. Amend Section R310.1 by deletion of Exception 2.

R310.1 Emergency escape and rescue opening required. Basements, habitable attics and every sleeping room shall have not less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way.

Exception: Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m2).

P. Add Section R312.1.5 to read as follows:

R312.1.5 Glazing. Where glass is used to provide a guard or as a portion of the guard system, the guard shall also comply with Section 2407 of the California Building Code. Where the glazing provided does not meet the strength and attachment requirements of Section 1607.8 of the California

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Building Code, complying guards shall also be located along glazed sides of open-sided walking surfaces.

Q. Amend Section R313.2 to read as follows:

R313.2 One- and two-family dwellings automatic fire systems. An automatic residential fire sprinkler system shall be installed in one- and two- family dwellings.

Exceptions:

1. Existing dwellings, not already provided with an automatic residential fire sprinkler system, where additions or alterations do not increase the existing floor area by more than 1,000 square feet (92.9 m2) or create an additional dwelling unit.

2. Accessory Dwelling Unit, provided that all of the following are met:

2.1 The unit meets the definition of an Accessory Dwelling unit as defined in the Government Code Section 65852.2.

2.2 The existing primary residence does not have automatic fire sprinklers.

2.3 The accessory detached building does not exceed 1,200 square feet (111.5 m2) in size.

2.4 The unit is on the same lot as the primary residence.

R. Amend Section R313.3.1.2 to read as follows:

R313.3.1.2 Required sprinkler locations. Sprinklers shall be installed to protect all areas of a dwelling unit.

Exceptions:

1. Attics, crawl spaces and normally unoccupied concealed spaces that do not contain fuel-fired appliances do not require fire sprinklers. In attics, crawl spaces and normally unoccupied concealed spaces that contain fuel-fired equipment, a sprinkler shall be installed above the equipment; however, sprinklers shall not be required in the remainder of the space.

2. Clothes closets, linen closets and pantries not exceeding 24 square feet (2.2 m2) in area, with the smallest dimension not greater than 3 feet (915 mm) and having wall and ceiling surfaces of gypsum board.

3. Bathrooms not more than 55 square feet (5.1 m2) in area.

4. Detached garages where the floor area does not exceed 1000 square feet (92.9 m2); carports with no habitable space above; open attached porches; unheated entry areas, such as mud rooms, that are adjacent to an exterior door; and similar areas.

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S. Add Section R313.3.5.4 to read:

R313.3.5.4 Minimum water supply. The minimum water supply for an automatic residential fire sprinkler system designed in accordance with Section R313 or NFPA 13D shall be not less than a 1-inch nominal pipe size for the service lateral from the water main to the water meter location and not less than a 1-inch water meter.

T. Amend Section R319.1 to read as follows:

R319.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in apposition that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Numbers shall not be spelled out. Address numbers shall be Arabic numbers or alphabetical letters. Each character shall be not less than 6 inches (152.4 mm) high with a minimum stroke of 0.5 inch (12.7 mm), unless otherwise required to be greater in height or of reflective material as determined by the fire code official during the jurisdiction’s development review process for a specific project. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole other sign or means shall be used to identify the structure.

Address identification shall be maintained.

U. Add Section R326.1 to read as follows:

R326.1 General. The design and construction of pools and spas shall comply with the California Building Code and Appendix V of this code.

V. Add Section R904.5 to read as follows:

R904.5 Wood shake and shingle roof covering limitations. Wood shake or shingle roof coverings shall not be installed on any building. A roof covering shall not be applied over existing wood shakes or shingles.

Exception: A wood shake or wood shingle system listed as a Class A-rated roof covering complying with Section R902.2 of this code.

15.08.030 Amendments; California Existing Building Code.

The California Existing Building Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Delete Appendix Chapter A4.

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B. Amend Section 101.1 to read as follows:

101.1 Title. These regulations shall be known as the California Existing Building Code, hereinafter referred to as “this code.”

C. Amend 103.1 to read as follows:

103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge thereof shall be known as the building official. For the purposes of this code, building official shall mean code official.

D. Add Section 104.3.1 to read as follows:

104.3.1 Citations. The code official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

E. Add Section 104.12 to read as follows:

104.12 Discovery of archaeological resources. In the event archaeological resources are unearthed or discovered during any construction activities, the building official shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist and/or Native American, and disposition of artifacts may be accomplished in accordance with applicable laws and ordinances. If discovered archaeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the building official shall notify the county coroner. If human remains are found to be of an ancient age and of archaeological and spiritual significance, the building official shall notify the Native American Heritage Commission.

F. Amend Section 105.3.2 to read as follows:

105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 365 days after the date of filing, unless a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. No extension of time granted by the building official shall extend the application beyond the effective date of the next edition of the triennial California Building Standards Code. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

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G. Add Section 108.2.1 to read as follows:

108.2.1 Plan review fees. When submittal documents are required by Section 106.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be in accordance with the schedule as established by the applicable governing body.

Separate plan review fees shall apply to permits for retaining walls and major drainage structures in conjunction with grading. For excavation and fill on the same site, the plan review fee for grading shall be based on the volume of excavation or fill, whichever is greater.

The plan review fees specified in this section are separate fees from the permit fees specified in Section 108.2 and are in addition to the permit fees.

Where submittal documents are incomplete or changed so as to require additional plan review, or where the project involves deferred submittal items as defined in Section 106.3.4, an additional plan review fee may be charged at a rate established by the applicable governing authority.

H. Amend Section 108.4 to read as follows:

108.4 Work commencing before permit issuance.

108.4.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

108.4.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

I. Delete the exception to Section 109.3.5.

J. Add Section 111.4 to read as follows:

111.4 Underground utility services. All new electric, telephone, television, and other communication service connections, for all new, altered, or enlarged buildings shall be provided by underground wiring. Extension of electric or communication distribution lines to serve such projects shall be underground wiring.

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Exceptions:

1. Replacement or relocation of electric service equipment served by existing overhead wiring.

2. Where determined by the building official to be impractical or infeasible within the standards and practices of the utility or other companies providing such services.

Where the utility or other company's distribution system is underground, the service lines shall terminate at a connection point designated by the utility company. Where the utility or other company's distribution is overhead, the service lines shall terminate as a pole riser on a pole designated by the utility company.

K. Amend Section 112.1 to read as follows and delete Sections 112.2 and 112.3:

112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, the provisions of Section 113 of the California Building Code, as amended, shall apply.

L. Amend Section 113.1 to read as follows:

113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

It shall be unlawful for any person, firm or corporation to use for habitation, storage or any structural purpose, any discarded, salvaged, abandoned or replaced travel trailer, trucking trailer, cargo container, streetcar, bus body, rail car or other vehicle body. It shall be unlawful for any person, firm or corporation to use a travel trailer or recreational vehicle for residential purposes, except in an approved campground or recreational vehicle park.

M. Amend Section 113.4 to read as follows:

113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of appeals within the time fixed herein, shall be guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code. The imposition

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of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

N. Amend Section 114.3 to read as follows:

114.3 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties and code enforcement procedures set forth in Chapters 1.20, 1.24 and 1.28 of the City of Pismo Beach Municipal Code.

O. Amend Section 115.1 to read as follows:

115.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section and the 2021 edition of the International Property Maintenance Code, as adopted. A vacant structure that is not secured against entry shall be deemed unsafe.

P. Amend Section A102.1 to read as follows:

A102.1 General. The provisions of this chapter shall apply to all existing buildings having at least one unreinforced masonry bearing wall. The elements regulated by this chapter shall be determined in accordance with Table A102.1. Except as provided herein, other structural provisions of the building code shall apply. This chapter does not apply to the alteration of existing electrical, plumbing, mechanical or fire safety systems.

Exceptions:

1. Warehouses or similar structures not used for human habitation unless housing emergency equipment or supplies.

2. A building having five living units or less.

3. A building previously strengthened to standards in effect at the time of strengthening.

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Q. Add new Appendix Section A115 entitled "Administrative Provisions" to read as follows:

SECTION A115 ADMINISTRATIVE PROVISIONS

A115.1 Compliance requirements previously established (Ordinance 2010-008). The city’s building stock and records were surveyed to identify buildings within the scope of this chapter, and said building owners were notified of the determination by notice and order sent by certified mail on dated January 11, 1990. The owner of a building within the scope of this chapter shall cause a structural analysis of the building to be made either by California-licensed engineer or architect. The engineer or architect may provide sufficient evidence to establish that the building is not within the scope of this chapter. The structural analysis shall be subject to the approval of the building official and shall be submitted in accordance with the following time limits:

1. By no later than February 1, 2011, a structural analysis and other substantial evidence which demonstrates that the building is not within the scope of this chapter shall be submitted.

2. By no later than February 1, 2011, a structural analysis and plans for alterations required to conform to this chapter shall be submitted.

3. By August 1, 2011, permits for the seismic retrofitting work necessary to achieve conformance with this chapter shall be obtained.

Where compliance with this chapter would displace low- and moderate- income residential uses, the building official may extend special and reasonable consideration to the time limits in this section so as to minimize the displacement of persons.

In order for an owner of a building within the scope of this chapter to comply with this chapter, the following elements shall be made to comply:

1. Unreinforced masonry walls to resist normal and in-plane seismic forces.

2. The anchorage and stability of exterior parapets and ornamentation.

3. The anchorage of unreinforced masonry walls to floors and roof.

4. Floor and roof diaphragms.

5. A complete bracing system to resist earthquake forces.

A115.1.1 Subsequent determinations. Where a building, not otherwise identified in the original inventory of buildings subject to Ordinance 2010- 08, is determined to be within the scope of this chapter, the owner shall structurally alter the building to comply with this chapter within 180 days of receipt of a notice and order, or as otherwise determined by the building official.

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A115.2 Notice and order.

A115.2.1 General. The building official shall, within 30 days of the determination that a building is of unreinforced masonry construction issue a notice and order as provided in this section to the owner of a building within the scope of this chapter.

A115.2.2 Service of notice and order. A notice or order issued pursuant to this section shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge or control of the building. The failure of any such person to receive such notice or order shall not affect the validity of any proceedings taken under this chapter or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter.

A115.2.3 Content of notice and order. The notice shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is subject to the minimum seismic standards of this chapter. The order shall direct the owner to obtain a building or demolition permit as required by this chapter and cause the building to be structurally altered to conform to the provisions of this chapter, or cause the building to be demolished. The notice or order shall be accompanied by a copy of Section A115.1 of this code, which sets forth the owner's responsibilities.

A115.3 Appeal. The owner of the building may appeal the building official's initial determination that the building is within the scope of this chapter to the Board of Appeals established by Section 113 of the California Building Code, as adopted. Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section A115.2. Any appeal shall be decided by the Board no later than 90 days after filing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders or actions by the building official pursuant to this chapter shall be made in accordance with the procedures established in Section 104.10 of the California Building Code.

A115.4 Recordation. At the time that the building official serves the aforementioned notice, the building official shall also file and record with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof will be ordered to structurally analyze the building to determine compliance with this chapter.

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If the building is either demolished, found not to be within the scope of this chapter, or is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis, the building official shall file and record with the office of the county recorder a form terminating the status of the subject building as being classified within the scope of this chapter.

A115.5 Enforcement. If the owner in charge or control of the subject building fails to comply with any order issued by the building official pursuant to this chapter within the time limit set forth in Section A115.1, the building official shall verify that the record owner of this building has been properly served. If the order has been served on the record owner, then the following provisions apply:

1. The building official may order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated or such additional time as may have been granted by the Board of Appeals, the building official may order its demolition in accordance with the provisions of Sections 107, 108, 109 and 110 of the International Property Maintenance Code.

2. Any person who violates any provision of this chapter is guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter

1.20 of the City of Pismo Beach Municipal Code.

15.08.040 Amendments; California Mechanical Code.

The California Mechanical Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Delete Division II of Chapter 1, Table 104.5, and Appendices A, B, C, D, E, F, and G.

B. Administration of the mechanical code shall be as set forth in Division II of Chapter 1 of the California Building Code.

15.08.050 Amendments; California Plumbing Code.

The California Plumbing Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Delete Division II of Chapter 1, Table 104.5, and Appendices C, E, F, G, K and L.

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B. Administration of the plumbing code shall be as set forth in Division II of Chapter 1 of the California Building Code.

C. Amend Section 1501.3 by deletion of Exception.

D. Amend Section 1503.1.1 to read as follows:

1503.1.1 Clothes washer system. A clothes washer system in compliance with all of the following is not exempt from the construction permit specified in Section 1.8.4.1 and shall not be installed or altered without a construction permit and shall comply with this chapter and the following:

(1) The installation, change, alteration or repair of the system does not include a potable water connection or a pump and does not affect other building, plumbing, electrical, or mechanical components including structural features, egress, fire-life safety, sanitation, potable water supply piping, or accessibility.

Note: The pump in a clothes washer shall not be considered part of the gray water system.

(2) The gray water shall be contained on the site where it is generated.

(3) Gray water shall be directed to and contained within an irrigation or disposal field.

(4) Ponding or runoff is prohibited and shall be considered a nuisance.

(5) Gray water systems shall be designed to minimize contact with humans and domestic pets.

E. Amend Section 1503.7 to read as follows:

1503.7 Drawings and specifications. The Authority Having Jurisdiction may require the following information to be included with or in a plot plan before a permit is issued for a gray water system, or at a time during construction thereof:

(1) Plot plan drawn to scale and completely dimensioned, showing lot lines and structures, direction and approximate slope of surface, location of present or proposed retaining walls, drainage channels, water supply lines, wells, paved areas and structures, number of bedrooms and plumbing fixtures in each structure, location of private sewage disposal system or building sewer connecting to the public sewer, and location of the proposed gray water system.

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(2) Details of construction necessary to ensure compliance with the requirements of this chapter, together with a full description of the complete installation, including installation methods, construction, and materials.

(3) Details for holding tanks shall include dimensions, structural calculations, bracings, and such other pertinent data as required.

(4) A log of soil formations and groundwater level as determined by test holes dug in proximity to proposed irrigation and/or disposal area, together with an analysis of water absorption characteristics of the soil and underground movement of water at the proposed site as determined by a professional geotechnical engineer duly licensed as such by the State of California.

(5) Distance between the plot and surface waters such as lakes, ponds, rivers, or streams, and the slope between the plot and the surface water, where in close proximity.

15.08.060 Amendments; California Electrical Code.

The California Electrical Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Annexes are informative only and not adopted.

B. Administration of the electrical code shall be as set forth in Division II of Chapter 1 of the California Building Code.

C. Amend Article 230.70(A)(1) to read as follows:

(1) Readily accessible location. The service disconnecting means shall be installed at a readily accessible location either outside the building or other structure, or inside nearest the point of entrance of the service conductors. The disconnecting means shall be accessible to emergency personnel, either directly or by a remote actuating device, without requiring transit of the building interior. Dedicated electrical equipment rooms located at the building perimeter and providing direct access to the outside shall satisfy accessibility for emergency personnel.

15.08.070 Amendments; International Property Maintenance Code.

The International Property Maintenance Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

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A. Amend Section 101.1 to read as follows:

101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Pismo Beach, hereinafter referred to as “this code”.

B. Amend Section 102.3 to read as follows:

102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Standards Code and other applicable laws and ordinances.

C. Amend Section 103.1 to read as follows:

103.1 General. The office of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official.

D. Amend Section 103.5 to read as follows:

103.5 Fees. The fees for activities and services performed by the code official under this code shall be in accordance with the schedule as established by the applicable governing authority.

E. Add Section 104.5.1 to read as follows:

104.5.1 Citations. The code official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

F. Amend Section 106.4 to read as follows:

106.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who fails to comply with an order as affirmed or modified by the board of appeals within the time fixed herein, shall be guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code.

The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

G. Amend Section 111.2 to read as follows, and delete Sections 111.2.1 through 111.2.5.

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111.2 Membership of board. The board of appeals shall be the board of appeals established in Section 113 of the California Building Code as amended in Section 15.08.010 of the Pismo Beach Municipal Code.

H. Amend Section 112.4 to read as follows:

112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties and code enforcement procedures set forth in Chapters 1.20, 1.24 and 1.28 of the City of Pismo Beach Municipal Code.

SECTION 4.

Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.

SECTION 5.

This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to any particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.

SECTION 6.

This ordinance shall become effective on January 1, 2023.

SECTION 7.

The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.

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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, CA.

SECTION 8.

The Building Official is hereby authorized and directed to transmit a copy of this ordinance to the California Building Standards Commission as required by California Health and Safety Code Section 17958.7.

INTRODUCED at a regular meeting of the City Council held this 1st day of November, 2022, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

ADOPTED at a regular meeting of the City Council held this th day of , 2022, on motion of Council Member , seconded by Council Member , and on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

APPROVED AS TO FORM:

______________________________
David M. Fleishman, City Attorney

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ILLUSTRATED TEXT CHANGES FOR PROPOSED AMENDMENTS
2022 Building and Fire Codes
Chapters 8.04, 8.08, 15.04, and15.08 of the Pismo Beach Municipal Code

Underlined text represents amendments carried over from the prior California Building Standards Code adoption and shaded text indicates a new amendment or modified portion of a prior amendment. Text with a line through it is deleted.

Chapters 8.04, 8.08, 15.04, and 15.08 of the Pismo Beach Municipal Code are hereby repealed and replaced by new Chapters 8.04, 8.08, 15.04, and 15.08 as follows:

Chapter 8.04 GENERAL PROVISIONS

8.04.010 Adoption of Fire Code.

One document on file in City offices, marked and designated as the 2022 edition of the California Fire Code published by the International Code Council is hereby adopted, including chapters and sections not adopted by agencies of the State of California, and including appendices thereto, as the Fire Prevention Regulations of the City of Pismo Beach. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this Chapter except as modified in Chapter 8.08.

8.04.020 Fire code official designated.

The Fire Chief is hereby designated as the fire code official for the City of Pismo Beach.

8.04.030 Referenced codes and standards.

Where other codes and standards are referred to in the code adopted in Section

8.04.010, the following shall apply:

A. International Building Code shall mean California Building Code or the California Residential Code, as applicable.

B. International Plumbing Code shall mean California Plumbing Code.

C. International Fuel Gas Code shall mean California Plumbing Code.

D. International Mechanical Code shall mean California Mechanical Code.

E. NFPA 70 and National Electrical Code shall mean California Electrical Code.

F. International Residential Code for One- and Two-family Dwellings shall mean the California Residential Code.

G. International Fire Code shall mean California Fire Code.

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H. International Existing Building Code shall mean the California Existing Building Code.

Chapter 8.08 FIRE PREVENTION REGULATIONS

8.08.010 Amendments; California Fire Code.

The California Fire Code adopted in Section 8.04.010 is modified, amended and/or supplemented as follows:

A. Delete Appendix A, D, E, G, J, K, L, M and N.

B. Amend Section 101.1 to read as follows:

101.1 Title. These regulations shall be known as the California Fire Code, hereinafter referred to as “this Code”.

C. Amend Section 102.3 to read as follows:

102.3 Change of use or occupancy. A change of occupancy in a building or structure shall not be made unless the use or occupancy such building or structure is made to comply with this code, California Building Code and the California Existing Building Code.

Exception: Where approved by the building official and the fire code official, a change of use or occupancy shall be permitted without complying with all requirements of this code, the California Building Code and the California Existing Building Code, provided that the new or proposed use or occupancy is less hazardous, based on life and fire risk, than the existing use or occupancy.

D. Amend Section 103.1 to read as follows:

103.1 General. The department bureau of fire prevention is established within the jurisdiction under the direction of the fire code official. The function of the department bureau shall be the implementation, administration and enforcement of the provisions of this code.

E. Add Section 103.3.1 to read as follows:

103.3.1 Fire prevention bureau personnel and police. The chief of the fire department and other members of the California Department of Forestry and Fire Protection/Pismo Beach Fire Department designated by the chief of the fire department have the authority of peace officers or public officers pursuant to

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California Penal Code sections 830.2(g), 830.7(d) and 836.5(a) in performing their duties under the California Fire Code.

F. Add Section 104.5.1 to read as follows:

104.5.1 Citations. The fire code official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

G. Amend Section 105.3.3 to read as follows:

105.3.3 Occupancy and use, prohibited before approval. The building or structure shall not be occupied prior to the fire code official issuing a permit and conducting associated inspections indicating that applicable provisions of this code have been met. No appliance, device, equipment, or system shall be operated or used until the installation has been approved and permitted by the fire code official and all applicable provisions of this code have been met. It shall be the duty of the permit applicant or contractor or both to cause the work to remain accessible and exposed for inspection purposes.

H. Add Section 105.6.25 to read as follows:

105.6.25 Commercial barbecue pits. All commercial barbecues shall comply with the requirements set forth in Chapter 8.36 of the Municipal Code.

I. Amend Section 111.1 to read as follows:

111.1 Board of Appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The City manager shall provide staff services for the board.

The board of appeals shall be appointed by the governing body on an “as needed” basis by the City Council and shall hold office at its pleasure. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. The fee for appeals shall be consistent with the fees established by the City Council.

J. Amend Section 112.4 to read as follows:

112.4 Violation penalties. Any persons who shall violates a provision of this code or shall fails to comply with any of the requirements thereof or who shall erects, install, alters, or repairs or does work a building or structure in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used issued under provisions of this code shall be guilty of a

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(specify offense), punishable by a fine of not more than (amount) dollars or by imprisonment not exceeding (number of days), or both such fine and imprisonment and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Appeals within the time fixed herein, shall be guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code.

The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

K. Amend Section 113.4 to read as follows:

113.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than (AMOUNT) dollars or more than (AMOUNT) dollars subject to the penalties and code enforcement procedures set forth in Chapters 1.20, 1.24 and

1.28 of the City of Pismo Beach Municipal Code.

L. Amend Section 405.8 to read as follows:

405.8 Initiation. Where a fire alarm system is provided, emergency evacuation drills shall be initiated by activating the fire alarm system. Prior to initiating an alarm, the person initiating the alarm shall contact the fire alarm monitoring company and advise the company’s dispatcher of the fire drill. In cases where the fire alarm system is not monitored by a central station, notification shall be provided to the fire department dispatch center.

M. Add Section 503.1.2.1 to read as follows:

503.1.2.1 Maximum dead-end road lengths. The maximum length of dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed 500 feet (152 m).

N. Amend Sections 503.2.7 to read as follows:

503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by not exceed 16% without approval of the fire code official based on the fire department’s apparatus.

O. Amend Section 504.3 to read as follows:

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504.3 Stairway access to roof. New buildings four two or more stories above grade plane, except those with a roof slope greater than four units vertical in 12 units horizontal (33.3-percent slope), shall be provided with a stairway to the roof or other access to the roof for emergency personnel approved by the fire code official. Stairway access to the roof shall be in accordance with Section 1009.13.

Such stairway or other approved access shall be marked at street and floor levels with a sign indicating that the stairway or access continues to the roof.

Where roofs are used for roof gardens or for other purposes, stairways shall be provided as required for such occupancy classification.

P. Amend Section 505.1 and add Section 505.1.1 to read as follows:

505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 6 inches (101.6 152.4 mm) high for residential buildings and 8 inches (203.2 mm) high for non-residential buildings, with a minimum stroke width of 0.5 inch (12.7 mm), unless otherwise required to be greater in height or of reflective material as determined by the fire code official during the jurisdiction’s development review process for a specific project. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole other sign or means shall be used to identify the structure. Address numbers shall be maintained.

505.1.1 Directories. When required by the fire code official, complexes with multiple buildings may be required to provide directories, premises maps and directional signs. The scale, design and location of directory signs shall be approved by the fire code official and may be required to be illuminated.

Q. Amend Section 507.5.1 to read as follows:

507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

Exceptions:

For Group R-3 and Group U occupancies, buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, R313 of the California Residential Code or Section 903 of the California Building Code and this

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code, as amended, the distance requirement shall be not more than 600 feet (183 m).

R. Amend Section 605.1.3 to read as follows:

605.1.3 Fuel oil. The grade of fuel oil used in a burner shall be that for which the burner is approved and as stipulated by the burner manufacturer. Oil containing gasoline shall not be used. Waste crankcase oil shall be an acceptable fuel in Group F, M and S occupancies, when utilized in equipment listed for use with waste oil and when such equipment is installed in accordance with the manufacturer’s instructions and the terms of its listing.

S. Amend Section 605.9 to read as follows:

605.9 Gas meters. Above-ground gas meters, regulators and piping subject to damage shall be protected by a barrier complying with Section 312 or otherwise protected in an approved manner. Gas meters shall be permanently marked identifying the building or system served.

T. Delete Sections 903.2 through 903.2.11.3. Add new Sections 903.2 and 903.2.1 through 903.2.11.3 to read as follows:

Note: Existing Sections 903.2 through 903.2.11.3 list fire sprinkler requirements for each individual occupancy in a separate section (approximately 4 pages of code text). Since the amended section establishes fire sprinkler requirements for all buildings in one section, the “strikeout” sections are not reprinted here.

903.2 Where required. An approved automatic fire sprinkler system shall be installed:

1. Throughout new buildings.

Exceptions:

1. A single-story building that contains any occupancy other than Group R, H or I where floor area does not exceed 1000 square feet (92.9 m2).

2. A building containing a Group R, Division 3 occupancy not more than three stories above grade plane in height shall comply with the automatic fire sprinkler system requirements of Section R313 of the California Residential Code.

3. A building that contains only a Group A, Division 5 occupancy.

Notwithstanding the foregoing exception, concession stands, retail areas, press boxes and other accessory use areas in excess of 1,000 square feet (92.9 m2) shall be provided with an automatic fire sprinkler system.

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2. Throughout existing and new sections of an existing building where floor area is increased by 1000 square feet (92.9 m2) or where the floor area of a room or rooms altered exceeds fifty (50) percent of the existing building floor area. Increase in floor area and alterations shall be cumulative from January 1, 2008, with each issuance of a building permit, regardless of any change of ownership.

Exceptions:

1. Alterations limited to replacement of exterior coverings, windows, roofing, electrical services, sewer laterals, retaining walls, and routine plumbing, electrical and mechanical repairs.

2. A building containing a Group R, Division 3 occupancy not more than three stories above grade plane in height shall comply with the automatic fire sprinkler system requirements of Section R313 of the California Residential Code.

3. Throughout existing and new sections of an existing building where an additional story is added.

Exception: A building that contains a Group R, Division 3 occupancy that will not be more than three stories above grade plane in height shall comply with the automatic fire sprinkler system requirements of Section R313 of the California Residential Code.

4. In additions to existing buildings equipped with an automatic fire sprinkler system.

5. Throughout existing and new sections of an existing building where there is an occupancy classification change resulting in a higher hazard as determined by Table 903.2(5).

Table 903.2(5)
Hazard Categories

6. In buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled.

7. Throughout a manufactured home, multi-family manufactured home, commercial coach, or mobile home.

Relative Hazard Occupancy Classifications
1 (Highest Hazard) H
2 I-2, I-3, I-4
3 A, E, I-1, M, R-1, R-2, R-4
4 B, F-1, R-3, S-1
5 (Lowest Hazard) F-2, S-2, U

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Exceptions:

1. A commercial coach where floor area does not exceed 1,000 square feet (92 m2).

2. A temporary commercial coach not equipped with automatic fire sprinklers.

3. A mobile home constructed before March 13, 2011 and not equipped with automatic fire sprinklers.

For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls shall be considered as one building. For the purpose of calculating square footage for the application of fire sprinkler requirements and fire flow requirements, the floor area shall be as defined by Floor Area Gross found in Section 202 of this code.

903.2.1 through 903.2.11.3 not used. Text continues with Section 903.2.11.4.

U. Add Section 903.3.5.3 to read:

903.3.5.3 Minimum water supply. The minimum water supply for an automatic residential fire sprinkler system designed in accordance with Section R313 of the California Residential Code or NFPA 13D shall be not less than a 1-inch nominal pipe size for the service lateral from the water main to the water meter location and not less than a 1-inch water meter.

V. Add Section 903.3.10 to read as follows:

903.3.10 Exterior locations. Automatic fire sprinklers installed at exterior locations shall be approved corrosion-resistant devices.

W. Amend Section 905.3.1, with all Exceptions to remain unmodified, to read as follows:

905.3.1 Building H height and area. In other than Group R-3 and R-3.1 occupancies, Class III standpipe systems shall be installed throughout at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet (9144 mm) above the lowest level of the fire department vehicle access.

2. Buildings that are four or more stories in height.

2. 3 Buildings where the floor level of the lowest story is located more than 30 feet (9144 mm) below the highest level of fire department vehicle access.

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3. 4 Buildings that are two or more stories below the highest level of fire department vehicle access.

4. A parking structure.

A building that is greater than 20,000 square feet (1.858 m2) of floor area and greater than 18 feet (5.49 m) in height shall have a dry or wet standpipe system with a 2-½ inch (64 mm) outlet at the roof near the roof access. Location of the outlet and the fire department connection to the standpipe shall be labeled and approved by the fire code official.

X. Amend Section 907.6.6 to read as follows:

907.6.6 Monitoring. Fire alarm systems required by this chapter or by the California Fire Code shall be monitored by an approved supervising central station service listed by Underwriters Laboratory for receiving fire alarms in accordance with NFPA 72 and this section. The central station shall contact and notify the police/fire dispatch center immediately on notification of an alarm and prior to making contact with the protected premises.

Exception: Monitoring by a supervising central station is not required for:

1. Single- and multiple-station smoke alarms required by Section 907.2.11.

2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3

3. Automatic sprinkler systems in one- and two-family dwellings.

Y. Amend Section 2306.2.3 to read as follows:

2306.2.3 Above-ground tanks located outside, above grade. Above-ground tanks shall not be used for the storage and dispensing of Class I, II, or III liquid motor fuels except as provided by this section when approved by the fire code official and in accordance with this Section, Section 5704.2.7 and Sections 5704.2.9.6 through 5704.2.9.6.3 and the stored fuels will not be offered for resale.

1. Above-ground tanks used for outside, above-grade storage of Class I liquids shall be listed and labeled as protected above-ground tanks in accordance with UL2085 and shall be in accordance with Chapter 57.

Such tanks shall be located in accordance with Table 2306.2.3.

2. Above-ground tanks used for outside, above-grade storage of Class II or IIIA liquids shall be listed and labeled as protected above-ground tanks in accordance with UL2085 and shall be installed in accordance with Chapter 57. Tank locations shall be in accordance with Table 2306.2.3.

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Exception: Other above-ground tanks that comply with Chapter 57 where approved by the fire code official.

3. Tanks containing fuels shall not exceed 12,000 (45 420 L) 8,000 gallons (30 274 L) in individual capacity or 48,000 (181 680 L) 16,000 gallons (60 549 L) in aggregate capacity. Installations with the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 feet (30 480 mm).

4. Tanks located at farms, construction projects, or rural areas shall comply with Section 5706.2.

5. Above-ground tanks used for outside storage of Class IIIB liquid motor fuel shall be listed and labeled as protected above-ground tanks in accordance with UL 2085 and shall be installed in accordance with Chapter 57. Tank locations shall be in accordance with Table 2306.2.3.

Z. Amend Section 5504.3 to read as follows:

5504.3 Outdoor storage. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited, except when permitted by the City and approved by the fire code official. Where O outdoor storage of cryogenic fluids is allowed, containers of cryogenic fluids shall not be located within an area surrounded by a dike and containing other hazardous materials and shall be in accordance with Sections 5504.3.1 through 5504.3.1.2.3.

AA. Amend Section 5601.1.3 and add Section 5601.1.3.1 to read as follows:

5601.1.3 Fireworks prohibited. The possession, manufacture, storage, sale, handling and use of fireworks, including without limitation, “Safe and Sane” fireworks, are prohibited.

Exceptions: Use and handling of fireworks for professional display in accordance with Title 19, California Code of Regulations, Chapter 6 and with a written waiver from the Fire Code Official approving the public display.

1. Storage and handling of fireworks as allowed in Section 5604.

2. Manufacture, assembly and testing of fireworks as allowed in Section 5605 and Health and Safety Code Division 11.

3. The use of fireworks for fireworks displays, pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11.

4. The possession, storage, sale, handling and use of specific types of Division 1.4G fireworks where allowed by applicable laws, ordinances

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and regulations, provided such fireworks and facilities comply with NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100-185, as applicable for consumer fireworks and Health and Safety Code Division 11.

5601.1.3.1 Seizure of Fireworks. The fire code official shall have the authority to seize, take and remove fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19, California Code of Regulations, Chapter 6 and California Health and Safety Code, Chapter 9.

BB. Amend Sections 5704.2.9.6 and 5704.2.9.6.1 to read as follows:

5704.2.9.6 Above-ground tanks outside of buildings. Above-ground tanks outside of buildings shall comply with Sections 5704.2.9.6.1 through 5704.2.9.6.3 and Section 2306.2.3.

5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I, and Class II, and Class III liquids in unprotected above-ground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which storage is prohibited. Tanks containing fuels shall not exceed 8,000 gallons (30 274 L) in individual capacity or 16,000 gallons (60 549 L) in aggregate capacity. Installations with the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 feet (30 480 mm).

CC. Amend Section 5706.2.4.4 to read as follows:

5706.2.4.4 Location where above-ground tanks are prohibited. The storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which storage is prohibited. Class II and III liquids may be stored in approved above- ground containers for the purpose of dispensing only at facilities complying to Section 5706.1 where no sales to the public occur. Above-ground tanks containing Class II and Class III liquids shall not exceed 2,000 gallons. Plans for the installation of above-ground tanks shall be submitted to the fire code official approval and in conformance with applicable codes and standards. When required, a Conditional Use Permit shall be obtained from the City.

DD. Amend Section 6104.2 to read as follows:

6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7570 L) The installation of any liquefied petroleum gas tank over 500 gallons (1 892 L) water capacity is prohibited unless approved by the fire code official

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Exception: In particular installations, this capacity limit shall be determined by the fire code official, after consideration of special features such as topographical conditions, nature of occupancy, proximity to buildings, capacity of proposed LP-gas containers, degree of fire protection to be provided and capabilities of the local fire department.

Chapter 15.04 GENERAL PROVISIONS

15.04.010 Adoption of construction codes.

Ten documents, each of which are on file in City offices, marked and designated as (1) the 2019 2022 edition of the California Building Code (Volumes 1 and 2) (Part 2 of Title 24 of the California Code of Regulations)published by the International Code Council, (2) the 2019 2022 edition of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations published by the International Code Council, (3) the 2019 2022 edition of the California Electrical Code (Part 3 of Title 24 of the California Code of Regulations published by the National Fire Protection Association, (4) the 2019 2022 edition of the California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations published by the International Association of Plumbing and Mechanical Officials, (5) the 2019 2022 edition of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations published by the International Association of Plumbing and Mechanical Officials, (6) the 2019 2022 edition of California Energy Code (Part 6 of Title 24 of the California Code of Regulations published by the International Code Council, (7) the 2019 2022 edition of the California Historical Building Code (Part 8 of Title 24 of the California Code of Regulations published by the International Code Council, (8) the 2019 2022 edition of the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations published by the International Code Council, (9) the 2019 2022 edition of the California Green Building Standards Code (Part of Title 24 of the California Code of Regulations published by the International Code Council, and (10) the 2015 2021 edition of the International Property Maintenance Code published by the International Code Council are hereby adopted, including chapters and sections of the 2021 International Building Code, 2021 International Residential Code, 2021 Uniform Mechanical Code, 2021 Uniform Plumbing Code, and 2020 National Electrical Code not adopted by agencies of the State of California, and including appendices thereto, as the Building Construction Regulations of the City of Pismo Beach. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this Chapter except as modified in Chapter 15.08.

15.04.020 Building Official designated.

The Building Official is hereby designated as the building official and code official for the City of Pismo Beach. Where the “authority having jurisdiction” is used in the adopted codes, it shall mean the building official.

15.04.030 Referenced Codes and Standards.

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Where other codes and standards are referred to in the codes adopted in Section

15.04.010, the following shall apply:

A. International Building Code shall mean California Building Code or the California Residential Code, as applicable.

B. International Plumbing Code shall mean California Plumbing Code.

C. International Fuel Gas Code shall mean California Plumbing Code.

D. International Mechanical Code shall mean California Mechanical Code.

E. NFPA 70 and National Electrical Code shall mean California Electrical Code.

F. International Residential Code for One- and Two-family Dwellings shall mean the California Residential Code.

G. International Fire Code shall mean California Fire Code.

H. International Existing Building Code shall mean the California Existing Building Code.

I. International Zoning Code shall mean applicable provisions of Chapters 16 and 17 of the City of Pismo Beach Municipal Code.

Chapter 15.08 CONSTRUCTION REGULATIONS

15.08.010 Amendments; California Building Code.

The California Building Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Delete Appendix A, B, D, F and, K, M, N, and O.

B. Amend Section 101.1 to read as follows:

101.1 Title. These regulations shall be known as the California Building Code, hereinafter referred to as “this code.”

C. Amend Section 101.4 to read as follows:

101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 101.4.8 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each reference.

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D. Add Section 101.4.8 to read as follows:

101.4.8 Electrical. The provisions of the California Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, and replacement of electrical equipment, appliances, fixtures, fittings and appurtenances thereto.

E. Amend Section 103.1 to read as follows:

103.1 Creation of enforcement agency. The Department of Building Safety Division is hereby created and the official in charge thereof shall be known as the building official.

F. Add Section 104.3.1 to read as follows:

104.3.1 Citations. The building official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

G. Add Section 104.12 to read as follows:

104.12 Discovery of archaeological resources. In the event archaeological resources are unearthed or discovered during any construction activities, the building official shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist and/or Native American, and disposition of artifacts may be accomplished in accordance with applicable laws and ordinances. If discovered archaeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the building official shall notify the county coroner. If human remains are found to be of an ancient age and of archaeological and spiritual significance, the building official shall notify the Native American Heritage Commission.

H. Amend Section 105.2 and the Building exemptions only to read as follows:

105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage shed, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m2).

2. Fences not over 76 feet (1829 mm) high.

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3. Oil derricks.

4. Retaining walls and non-retaining walls, including masonry and concrete free-standing walls, that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.

10. Shade cloth structures constructed for nursery or agriculture purposes, not including service systems.

11. Swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.

I. Amend Section 105.3.2 to read as follows:

105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 365 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. No extension of time granted by the building official shall extend the application beyond the effective date of the next edition of the triennial California Building Standards Code. The extension shall be requested in writing and justifiable cause demonstrated. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

J. Add Section 109.2.1 to read as follows:

109.2.1 Plan Review Fees. When submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be in accordance with the schedule as established by the applicable governing body.

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Separate plan review fees shall apply to permits for retaining walls and major drainage structures in conjunction with grading. For excavation and fill on the same site, the plan review fee for grading shall be based on the volume of excavation or fill, whichever is greater.

The plan review fees specified in this section are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees.

Where submittal documents are incomplete or changed so as to require additional plan review, or where the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee may be charged at a rate established by the applicable governing body.

K. Amend Section 109.4 to read as follows:

109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees.

109.4.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

109.4.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee established by the applicable governing body. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

L. Delete the exception to Section 110.3.6.

110.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

Exception: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly.

M. Add Section 112.4 to read as follows:

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112.4 Underground utility services. All new electric, telephone, television, and other communication service connections, for all new, altered, or enlarged buildings shall be provided by underground wiring. Extension of electric or communication distribution lines to serve such projects shall be underground wiring.

Exceptions:

1. Replacement or relocation of electric service equipment served by existing overhead wiring.

2. Where determined by the building official to be impractical or infeasible within the standards and practices of the utility or other companies providing such services.

Where the utility or other company's distribution system is underground, the service lines shall terminate at a connection point designated by the utility company. Where the utility or other company's distribution is overhead, the service lines shall terminate as a pole riser on a pole designated by the utility company.

N. Amend Section 113.1 to read as follows:

113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code the California Building Standards Code and the International Property Maintenance Code, there shall be and is hereby created a Board of Appeals. Said Board shall also serve as the Housing Appeals Board and the Local Appeals Board referenced in the California Building Standards Code. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board.

The Board of Appeals shall be appointed on an “as needed” basis by the applicable governing authority City Council and shall hold office at its pleasure.

The board shall adopt rules of procedure for conducting its business. The fee for appeals shall be consistent with fees established by the applicable governing authority.

113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code. For appeals relating to accommodations for the disabled, the authority of the board shall include the ability to authorize reasonable alternatives to disabled access requirements imposed by the California Building Standards Code so long as such alternatives provide substantially equivalent access to that required by such Code.

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113.3 Qualifications. The board of appeals shall consist of five members who are qualified by experience and training to pass on matters pertaining to building construction and building service equipment and are not employees of the jurisdiction. For matters subject to the appeal process referenced in Section

1.9.1.5 of the California Building Code regarding accommodations for persons with physical disabilities, the board of appeals shall consist of two members experienced in construction, two members that are persons with disabilities as defined in the California Building Code, and one public member.

O. Amend Section 114.1 to read as follows:

114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. It shall be unlawful for any person, firm or corporation to use for habitation, storage or any structural purpose, any discarded, salvaged, abandoned or replaced travel trailer, trucking trailer, cargo container, streetcar, bus body, rail car or other vehicle body. It shall be unlawful for any person, firm or corporation to use a travel trailer or recreational vehicle for residential purposes, except in an approved campground or recreational vehicle park.

P. Amend Section 114.4 to read as follows:

114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of appeals within the time fixed herein, shall be subject to penalties as prescribed by law guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

Q. Amend Section 115.4 to read as follows:

115.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the

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penalties as prescribed by law and code enforcement procedures set forth in Chapters 1.20, 1.24 and 1.28 of the City of Pismo Beach Municipal Code.

R. Amend Section 116.1 of to read as follows:

116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section and the 2015 2021 edition of the International Property Maintenance Code, as adopted. A vacant structure that is not secured against entry shall be deemed unsafe.

S. Amend Section 502 to read as follows:

502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in apposition that is visible from the street or road fronting the property.

Address identification characters shall contrast with their background. Numbers shall not be spelled out. Address numbers shall be Arabic numbers or alphabetical letters. Each character shall be not less than 4 6 inches (102 152.4 mm) high for residential buildings and 8 inches (203.2 mm) for non-residential buildings, with a minimum stroke of 0.5 inch (12.7 mm), unless otherwise required to be greater in height or of reflective material as determined by the fire code official during the jurisdiction’s development review process for a specific project. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response.

Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole other sign or means shall be used to identify the structure. Address identification shall be maintained.

T. Delete Sections 903.2 through 903.2.11.3. Add new Sections 903.2 and 903.2.1 through 903.2.11.3 to read as follows:

Note: Existing Sections 903.2 through 903.2.11.3 list fire sprinkler requirements for each individual occupancy in a separate section (approximately 4 pages of code text). Since the amended section establishes fire sprinkler requirements for all buildings in one section, the “strikeout” sections are not reprinted here.

903.2 Where required. An approved automatic fire sprinkler system shall be installed:

1. Throughout new buildings.

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Exceptions:

1. A single-story building that contains any occupancy other than Group R, H or I where floor area does not exceed 1000 square feet (92.9 m2).

2. A building containing a Group R, Division 3 occupancy not more than three stories above grade plane in height shall comply with the automatic fire sprinkler system requirements of Section R313 of the California Residential Code.

3. A building that contains only a Group A, Division 5 occupancy.

Notwithstanding the foregoing exception, concession stands, retail areas, press boxes and other accessory use areas in excess of 1,000 square feet (92.9 m2) shall be provided with an automatic fire sprinkler system.

2. Throughout existing and new sections of an existing building where floor area is increased by 1000 square feet (92.9 m2) or where the floor area of a room or rooms altered exceeds fifty (50) percent of the existing building floor area. Increase in floor area and alterations shall be cumulative from January 1, 2008, with each issuance of a building permit, regardless of any change of ownership.

Exceptions:

1. Alterations limited to replacement of exterior coverings, windows, roofing, electrical services, sewer laterals, retaining walls, and routine plumbing, electrical and mechanical repairs.

2. A building containing a Group R, Division 3 occupancy not more than three stories above grade plane in height shall comply with the automatic fire sprinkler system requirements of Section R313 of the California Residential Code.

3. Throughout existing and new sections of an existing building where an additional story is added.

Exception: A building that contains a Group R, Division 3 occupancy that will not be more than three stories above grade plane in height shall comply with the automatic fire sprinkler system requirements of Section R313 of the California Residential Code.

4. In additions to existing buildings equipped with an automatic fire sprinkler system.

5. Throughout existing and new sections of an existing building where there is an occupancy classification change resulting in a higher hazard as determined by Table 903.2 (5).

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Table 903.2(5)
Hazard Categories

6. In buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled.

For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls shall be considered as one building. For the purpose of calculating square footage for the application of fire sprinkler requirements and fire flow requirements, the floor area shall be as defined by Floor Area Gross found in Section 202 of this code.

903.2.1 through 903.2.11.3 not used. Text continues with Section 903.2.11.4.

U. Add Section 903.3.5.3 to read:

903.3.5.3 Minimum water supply. The minimum water supply for an automatic residential fire sprinkler system designed in accordance with Section R313 of the California Residential Code or NFPA 13D shall be not less than a 1-inch nominal pipe size for the service lateral from the water main to the water meter location and not less than a 1-inch water meter.

V. Add Section 903.3.10 to read as follows:

903.3.10 Exterior locations. Automatic fire sprinklers installed at exterior locations shall be approved corrosion-resistant devices.

W. Amend Section 905.3.1, with all Exceptions to remain unmodified, to read as follows:

905.3.1 Building H height and area. In other than Group R-3 and R-3.1 occupancies, Class III standpipe systems shall be installed throughout at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet (9144 mm) above the lowest level of the fire department vehicle access.

2. Buildings that are four or more stories in height.

Relative Hazard Occupancy Classifications
1 (Highest Hazard) H
2 I-2, I-3, I-4
3 A, E, I-1, M, R-1, R-2, R-4
4 B, F-1, R-3, S-1
5 (Lowest Hazard) F-2, S-2, U

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2. 3 Buildings where the floor level of the lowest story is located more than 30 feet (9144 mm) below the highest level of fire department vehicle access.

3. 4 Buildings that are two or more stories below the highest level of fire department vehicle access.

4. A parking structure.

A building that is greater than 20,000 square feet (1.858 m2) of floor area and greater than 18 feet (5.49 m) in height shall have a dry or wet standpipe system with a 2-½ inch (64 mm) outlet at the roof near the roof access. Location of the outlet and the fire department connection to the standpipe shall be labeled and approved by the fire code official.

X. Amend Section 907.6.6 to read as follows:

907.6.6 Monitoring. Fire alarm systems required by this chapter or by the California Fire Code shall be monitored by an approved supervising central station service listed by Underwriters Laboratory for receiving fire alarms in accordance with NFPA 72 and this section. The central station shall contact and notify the police/fire dispatch center immediately on notification of an alarm and prior to making contact with the protected premises.

Exception: Monitoring by a supervising central station is not required for:

1. Single- and multiple-station smoke alarms required by Section 907.2.11.

2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3.

3. Automatic sprinkler systems in one- and two-family dwellings.

Y. Delete exceptions 6 and 7 of Section 1031.2:

1031.2 Where Required. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in Group R occupancies.

Basements and sleeping rooms below the fourth story above grade plane shall not fewer than one exterior emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, emergency escape and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way.

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Exceptions:

1. In Groups R-1 and R-2 occupancies constructed of Type I, Type IIA, Type IIIA or Type IV construction equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1.

2. Group R-2.1 occupancies meeting the requirements for delayed egress in accordance with Section1010.1.9.8 may have operable windows that are breakable in sleeping rooms permanently restricted to a maximum 4-inch open position.

3. Basements with a ceiling height of less than 80 inches (2032 mm) shall not be required to have emergency escape and rescue openings.

4. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit balcony that opens to a public way.

5. Basements without habitable spaces and having not more than 200 square feet (18.6 m2) in floor area shall not be required to have emergency escape and rescue openings.

6. Storm Shelters are not required to comply with this section where the shelter is constructed in accordance with ICC 500.

7. Within individual dwelling and sleeping units in Groups R-2 and R-3, where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section903.3.1.1, 903.3.1.2 or 903.3.1.3, sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basement has one of the following:

6.1. One means of egress and one emergency escape and rescue opening

6.2. Two means of egress.

6.3. In Group R-2.2 occupancies a certified fire escape is acceptable as a secondary means of egress for existing buildings for this section of the code.

8. In Group R-2.2 occupancies a certified fire escape is acceptable as a secondary means of egress for existing buildings for this section of the code.

Z. Add Section 1506.4 to read as follows:

1506.4 Wood shake and shingle roof covering limitations. Wood shake or shingle roof coverings shall not be installed on any building. A roof covering shall not be applied over existing wood shakes or shingles.

Exceptions: A wood shake or wood shingle system listed as a Class A- rated roof covering.

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AA. Amend Section 3201.1 to read as follows:

3201.1 Scope. The provisions of this chapter and Chapter 12.32 of the Municipal Code shall govern encroachment of structures into the public right-of-way.

BB. Amend Section 3201.3 to read as follows:

3201.3 Other laws. The provisions of this chapter shall not be construed to permit violation of other laws or ordinances regulating the use and occupancy of public property. The projection of any structure or portion thereof into a right-of- way shall be subject to an encroachment permit issued by the City of Pismo Beach, State of California, or other agency having jurisdiction over the public right-of-way.

CC. Amend Section 3201.4 to read as follows:

3201.4 Drainage. Drainage water collected from a roof, awning, canopy or marquee, and condensate from mechanical equipment shall not flow over a public walking surface unless specifically approved by the City Engineer.

DD. Delete Sections 3202.2.1, 3202.2.2 and 3202.2.3 and amend Section 3202.2 to read as follows:

3202.2 Encroachments above grade and below 8 feet in height.

Encroachments into the public right-of-way above grade and below 8 feet (2438 mm) in height shall be prohibited except as provided for in Sections 3202.2.1 through 3202.2.3. Doors, and windows and stairs shall not open or project into the public right-of-way.

3202.2.1 Steps. Steps shall not project more than 12 inches (305 mm) and shall be guarded by approved devices not less than 3 feet (914 mm) high, or shall be located between columns or pilasters.

3202.2.2 Architectural features. Columns or pilasters, including bases and moldings shall not project more than 12 inches (305 mm). Belt courses, lintels, sills, architraves, pediments and similar architectural features shall not project more than 4 inches (102 mm).

3202.2.3 Awnings. The vertical clearance from the public right-of-way to the lowest part of any awning, including valances, shall be 7 feet (2134 mm) minimum.

EE. Amend Section 3202.3.1 to read as follows:

3202.3.1 Awnings, canopies, marquees, roof overhangs, roof projections, and signs. Awnings, canopies, marquees, roof overhangs, roof projections and

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signs shall be constructed so as to support applicable loads as specified in Chapter 16. Roof overhangs or projections shall not be used for human occupancy. Awnings, canopies, marquees, roof overhangs, roof projections and signs with less than 15 feet (4572 mm) clearance above the sidewalk shall not extend into or occupy more than two-thirds the width of the sidewalk measured from the building to the face of curb. Stanchions or columns that support awnings, canopies, marquees and signs shall not be located on the public right- of-way not less than 2 feet (610 mm) from the curb line.

FF. Add Exception to Section 3202.3.2 to read as follows:

3202.3.2 Windows, architectural features and mechanical equipment. Where the vertical clearance above grade to projecting windows, architectural features or mechanical equipment is more than 8 feet (2438 mm), 1 inch (25 mm) of encroachment is permitted for each additional 1 inch of clearance above 8 feet (2438 mm), but the maximum encroachment shall be 4 feet (11219 mm).

Exception: For windows and architectural features projecting over a public sidewalk, the minimum vertical clearance may be 8 feet (2438 mm) for the maximum encroachment length of 4 feet (11219 mm) and the maximum projection shall be not less than 2 feet (610 mm) from the face of curb.

GG. Amend Appendix Section G104.1 to read as follows:

G104.1 Required Permit application and processing. Any person, owner, or owner’s authorized agent who intends to conduct any development in a flood hazard area shall first make application to the building official and shall obtain the required permit. The processing and administration of a permit application required in Section G104.1shall be as prescribed in Sections 105 and 107.

HH. Amend Appendix Section H101.2 to read as follows:

H101.2 Signs exempt from permits. The following signs are exempt from the requirement to obtain a permit from the building official before erection or alteration of a sign:

1. Painted non-illuminated Signs where a Planning Permit is not required.

2. Temporary signs announcing the sale or rent of property.

3. Signs erected by transportation authorities.

4. Projecting signs not exceeding 2.5 square feet (0.23 m2).

5. The changing of moveable parts of an approved sign that is designed for such changes, or the repainting or repositioning of display matter shall not be deemed an alteration.

II. Add Appendix Section H106.3 to read as follows:

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H106.3 Sign Operation. Illuminated signs shall remain off pending final inspection approval.

JJ. Add Appendix Sections J101.3 and J101.4 to read as follows:

J101.3 Hillsides. The term hillside area is defined as all properties with slopes of 10 percent or more. No grading shall commence on slopes greater than 30 percent, including but not limited to access roads and driveways unless approved by the Planning Commission or the City Council. The hillside development regulations of the city zoning ordinance and General Plan/Local Coastal Plan Policy C0-10 shall apply in addition to the standards and procedures set forth in this code for all properties in this category.

J101.4 Approval for building construction. Prior to commencement of any building construction, pursuant to a building permit for the graded site, a benchmark shall be provided to verify that the building site is graded in conformance with the approved grading plan. No building construction shall be started until the building official or city engineer has verified that the rough grading conforms to the approved plan, including any interim or permanent erosion control measures deemed necessary.

KK. Amend Appendix Section J103.2 and add Appendix Sections J103.3 and J103.4 to read as follows:

J103.2 Exempted Work. A grading permit shall not be required for the following:

1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.

2. Excavation for construction of a structure permitted under this code.

3. Cemetery graves.

4. Refuse disposal sites controlled by other regulations.

5. Excavations for wells, or trenches for utilities.

6. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel, aggregate, or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.

7. Exploratory excavations performed under the direction of a registered design professional.

8. An excavation which does not exceed fifty cubic yards and (1) is less than 2 feet (610 mm) in depth or (2) does not create a cut slope greater than 5 feet (1524 mm) in height and steeper than 1 unit vertical to 2 units horizontal.

9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical to 5 units horizontal, not intended to

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support structures on any one lot and does not obstruct a drainage course.

10. A fill less than 3 foot (38.3 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical to 5 units horizontal, not intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course.

Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

J103.3 Early grading. A grading permit shall not be issued prior to issuance of a building permit for the project unless:

1. A tentative subdivision or tract map, use permit, architectural review commission project approval or similar authorization has been granted; and

2. Related street and utility grades have been established and approved; and

3. A surety bond in accordance with Section J103.4 is deposited to guarantee restoration of the site to a natural or other condition acceptable to the building official should the project not proceed to completion.

J103.4 Bonds. The building official may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions or restore a graded site to the original condition.

In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond.

The city engineer may require that bonds be posted to recover the full costs of any damage to public right-of-way which may occur because of the peculiar nature or large scope of the project, such as transportation of fill or heavy equipment on local streets not designed to accommodate the traffic.

LL. Amend Appendix Sections J104.2 to read as follows:

J104.2 Site plan requirements. In addition to the provisions of Appendix Section 107, a grading plan shall show the existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of this code. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this code. The plans shall show existing drainage conditions and drainage devices and all proposed changes thereto. The plans shall include the location and dimension of all trees on the site to remain and to be removed which are 3 inches (76.2 mm) in

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diameter or larger at the trunk, measured at 4.5 feet (1.37 m) above ground level.

A preservation plan shall be submitted for all trees to remain. The plans shall indicate where excess material, rocks, or rubble will be disposed of.

MM. Add Appendix Section J110.3 to read as follows:

J110.3 Other standards. Erosion control measures shall conform to the following standards and approval processes:

1. The City of Pismo Beach Storm Water Management Plan.

2. The most current “Erosion and Sediment Control Field Manual” published by the California Regional Water Quality Control Board, San Francisco Bay Region.

3. NPDES permit requirements.

4. The 2019 2022 California Green Building Standards Code.

15.08.020 Amendments; California Residential Code.

The California Residential Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Delete Appendix AA, AB, AC, AD, AE, AF, AG, AI, AJ, AK, AL, AM, AN, AO, AP, AQ, AR, AT, AU, AV, AW, and AY.

B. Amend Section R101.1 to read as follows:

R101.1 Title. These provisions shall be known as the California Residential Code for One- and Two-family Dwellings and shall be cited as such and shall be referred to herein as “this code”.

C. Amend Section R103.1 to read as follows:

R103.1 Creation of enforcement agency. The department of building safety Building Division is hereby created and the official in charge thereof shall be known as the building official.

D. Add Section R104.3.1 to read as follows:

R104.3.1 Citations. The building official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

E. Add Section R104.12 to read as follows:

R104.12 Discovery of archaeological resources. In the event archaeological resources are unearthed or discovered during any construction activities, the

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building official shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist and/or Native American, and disposition of artifacts may be accomplished in accordance with applicable laws and ordinances. If discovered archaeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the building official shall notify the county coroner. If human remains are found to be of an ancient age and of archaeological and spiritual significance, the building official shall notify the Native American Heritage Commission.

F. Amend Section R105.2 and the Building exemptions only to read as follows:

R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2).

2. Fences not over 7 6 feet (1829 mm) high.

3. Retaining walls and non-retaining walls, including masonry and concrete free-standing walls, that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

4. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1.

5. Sidewalks and driveways.

6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.

8. Swings and playground equipment.

9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

10. Decks not exceeding 200 square feet (18.58 m2) in area attached to a dwelling that are and not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.

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G. Amend Section R105.3.2 to read as follows:

R105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 365 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 90 days each.

No extension of time granted by the building official shall extend the application beyond the effective date of the next edition of the triennial California Building Standards Code. The extension shall be requested in writing and justifiable cause demonstrated. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

H. Add Section R108.2.1 to read as follows:

R108.2.1 Plan review fees. When submittal documents are required by Section R106.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be in accordance with the schedule as established by the applicable governing body.

Separate plan review fees shall apply to permits for retaining walls and major drainage structures in conjunction with grading. For excavation and fill on the same site, the plan review fee for grading shall be based on the volume of excavation or fill, whichever is greater.

The plan review fees specified in this section are separate fees from the permit fees specified in Section R108.2 and are in addition to the permit fees.

Where submittal documents are incomplete or changed so as to require additional plan review, an additional plan review fee may be charged at a rate established by the applicable governing authority.

I. Amend Section R108.6 to read as follows:

R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fees.

R108.6.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

R108.6.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The

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investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

J. Add Section R111.4 to read as follows:

R111.4 Underground utility services. All new electric, telephone, television, and other communication service connections, for all new, altered, or enlarged buildings shall be provided by underground wiring. Extension of electric or communication distribution lines to serve such projects shall be underground wiring.

Exceptions:

1. Replacement or relocation of electric service equipment served by existing overhead wiring.

2. Where determined by the building official to be impractical or infeasible within the standards and practices of the utility or other companies providing such services.

Where the utility or other company's distribution system is underground, the service lines shall terminate at a connection point designated by the utility company. Where the utility or other company's distribution is overhead, the service lines shall terminate as a pole riser on a pole designated by the utility company.

K. Amend Section R112.1 to read as follows and delete Sections R112.2 through R112.4:

R112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals the provisions of Section 113 of the California Building Code, as amended, shall apply. The building official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.

R112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.

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R112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass judgement on matters pertaining to building construction and who are not employees of the jurisdiction.

R112.4 Administration. The building official shall take immediate action in accordance with the decision of the board.

L. Amend Section R113.1 to read as follows:

R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. It shall be unlawful for any person, firm or corporation to use for habitation, storage or any structural purpose, any discarded, salvaged, abandoned or replaced travel trailer, trucking trailer, cargo container, streetcar, bus body, rail car or other vehicle body. It shall be unlawful for any person, firm or corporation to use a travel trailer or recreational vehicle for residential purposes, except in an approved campground or recreational vehicle park.

M. Amend Section R113.4 to read as follows:

R113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of appeals within the time fixed herein, shall be subject to penalties as prescribed by law guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

N. Amend Section R114.2 to read as follows:

R114.2 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties prescribed by law and code enforcement procedures set forth in Chapters 1.20, 1.24 and 1.28 of the City of Pismo Beach Municipal Code.

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O. Amend Section R310.1 by deletion of Exception 2.

R310.1 Emergency escape and rescue opening required. Basements, habitable attics and every sleeping room shall have not less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way.

Exceptions:

1. Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m2).

2. Where the dwelling or townhouse is equipped with an automatic sprinkler system installed in accordance with Section P2904, sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basement has one of the following:

2.1. One means of egress complying with Section R311 and one emergency escape and rescue opening.

2.2. Two means of egress complying with Section R311.

P. Add Section R312.1.5 to read as follows:

R312.1.5 Glazing. Where glass is used to provide a guard or as a portion of the guard system, the guard shall also comply with Section 2407 of the California Building Code. Where the glazing provided does not meet the strength and attachment requirements of Section 1607.7 of the California Building Code, complying guards shall also be located along glazed sides of open-sided walking surfaces.

Q. Amend Section R313.2 to read as follows:

R313.2 One- and two-family dwellings automatic fire systems. An automatic residential fire sprinkler system shall be installed in one- and two- family dwellings.

Exceptions:

1. An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. Existing dwellings, not already provided with an automatic residential fire sprinkler system, where additions or alterations do not increase the existing floor area by more than 1,000 square feet (92.9 m2) or create an additional dwelling unit.

2. Accessory Dwelling Unit, provided that all of the following are met:

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2.1 The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.

2.2 The existing primary residence does not have automatic fire sprinklers.

2.3 The accessory detached building does not exceed 1,200 square feet (111.5 m2) in size.

2.4 The unit is on the same lot as the primary residence.

R. Amend Section R313.3.1.2 to read as follows:

R313.3.1.2 Required sprinkler locations. Sprinklers shall be installed to protect all areas of a dwelling unit.

Exceptions:

1. Attics, crawl spaces and normally unoccupied concealed spaces that do not contain fuel-fired appliances do not require fire sprinklers. In attics, crawl spaces and normally unoccupied concealed spaces that contain fuel-fired equipment, a sprinkler shall be installed above the equipment; however, sprinklers shall not be required in the remainder of the space.

2. Clothes closets, linen closets and pantries not exceeding 24 square feet (2.2 m2) in area, with the smallest dimension not greater than 3 feet (915 mm) and having wall and ceiling surfaces of gypsum board.

3. Bathrooms not more than 55 square feet (5.1 m2) in area.

4. Detached garages where the floor area does not exceed 1000 square feet (92.9 m2); carports with no habitable space above; open attached porches; unheated entry areas, such as mud rooms, that are adjacent to an exterior door; and similar areas.

S. Add Section R313.3.5.4 to read:

R313.3.5.4 Minimum water supply. The minimum water supply for an automatic residential fire sprinkler system designed in accordance with Section R313 or NFPA 13D shall be not less than a 1-inch nominal pipe size for the service lateral from the water main to the water meter location and not less than a 1-inch water meter.

T. Amend Section R319.1 to read as follows:

R319.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in apposition that is visible from the street or road fronting the property. Address identification characters shall contrast with their background.

Numbers shall not be spelled out. Address numbers shall be Arabic numbers or alphabetical letters. Each character shall be not less than 4 6 inches (102 152.4 mm) high with a minimum stroke of 0.5 inch (12.7 mm), unless otherwise

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required to be greater in height or of reflective material as determined by the fire code official during the jurisdiction’s development review process for a specific project. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response.

Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole other sign or means shall be used to identify the structure. Address identification shall be maintained.

U. Amend Section R341.1 to read as follows:

R341.1 General. The design and construction of pools and spas shall comply with the International Swimming Pool and Spa Code California Building Code and Appendix AX of this code.

V. Add Section R904.5 to read as follows:

R904.5 Wood shake and shingle roof covering limitations. Wood shake or shingle roof coverings shall not be installed on any building. A roof covering shall not be applied over existing wood shakes or shingles.

Exception: A wood shake or wood shingle system listed as a Class A- rated roof covering complying with R902.2 of this code.

15.08.030 Amendments; California Existing Building Code.

The California Existing Building Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Delete Appendix Chapter A4.

B. Amend Section 101.1 to read as follows:

101.1 Title. These regulations shall be known as the California Existing Building Code, hereinafter referred to as “this code.”

C. Amend Section 103.1 to read as follows:

103.1 Creation of enforcement agency. The Department of Building Safety Division is hereby created and the official in charge thereof shall be known as the building official.

D. Add Section 104.3.1 to read as follows:

104.3.1 Citations. The building official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

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E. Add Section 104.12 to read as follows:

104.12 Discovery of archaeological resources. In the event archaeological resources are unearthed or discovered during any construction activities, the building official shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist and/or Native American, and disposition of artifacts may be accomplished in accordance with applicable laws and ordinances. If discovered archaeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the building official shall notify the county coroner. If human remains are found to be of an ancient age and of archaeological and spiritual significance, the building official shall notify the Native American Heritage Commission.

F. Amend Section 105.3.2 to read as follows:

105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 365 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 90 days each.

No extension of time granted by the building official shall extend the application beyond the effective date of the next edition of the triennial California Building Standards Code. The extension shall be requested in writing and justifiable cause demonstrated. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

G. Add Section 108.2.1 to read as follows:

108.2.1 Plan Review Fees. When submittal documents are required by Section 106.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be in accordance with the schedule as established by the applicable governing body.

Separate plan review fees shall apply to permits for retaining walls and major drainage structures in conjunction with grading. For excavation and fill on the same site, the plan review fee for grading shall be based on the volume of excavation or fill, whichever is greater.

The plan review fees specified in this section are separate fees from the permit fees specified in Section 108.2 and are in addition to the permit fees.

Where submittal documents are incomplete or changed so as to require additional plan review, or where the project involves deferred submittal items as

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defined in Section 106.3.4, an additional plan review fee may be charged at a rate established by the applicable governing body.

H. Amend Section 108.4 to read as follows:

108.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees.

108.4.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

108.4.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee established by the applicable governing body. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

I. Delete the exception to Section 109.3.5.

109.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

Exception: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly.

J. Add Section 111.4 to read as follows:

111.4 Underground utility services. All new electric, telephone, television, and other communication service connections, for all new, altered, or enlarged buildings shall be provided by underground wiring. Extension of electric or communication distribution lines to serve such projects shall be underground wiring.

Exceptions:

1. Replacement or relocation of electric service equipment served by existing overhead wiring.

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2. Where determined by the building official to be impractical or infeasible within the standards and practices of the utility or other companies providing such services.

Where the utility or other company's distribution system is underground, the service lines shall terminate at a connection point designated by the utility company. Where the utility or other company's distribution is overhead, the service lines shall terminate as a pole riser on a pole designated by the utility company.

K. Amend Section 112.1 to read as follows and delete Sections 112.2 and 112.3:

112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals the provisions of Section 113 of the California Building Code, as amended, shall apply. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business.

112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.

112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass judgement on matters pertaining to building construction and who are not employees of the jurisdiction.

L. Amend Section 113.1 to read as follows:

113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. It shall be unlawful for any person, firm or corporation to use for habitation, storage or any structural purpose, any discarded, salvaged, abandoned or replaced travel trailer, trucking trailer, cargo container, streetcar, bus body, rail car or other vehicle body. It shall be unlawful for any person, firm or corporation to use a travel trailer or recreational vehicle for residential purposes, except in an approved campground or recreational vehicle park.

M. Amend Section 113.4 to read as follows:

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113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of appeals within the time fixed herein, shall be subject to penalties as prescribed by law guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

N. Amend Section 114.4 to read as follows:

114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties as prescribed by law and code enforcement procedures set forth in Chapters 1.20, 1.24 and 1.28 of the City of Pismo Beach Municipal Code.

O. Amend Section 115.1 of to read as follows:

115.1 Unsafe Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section and the 2021 edition of the International Property Maintenance Code, as adopted. A vacant structure that is not secured against entry shall be deemed unsafe.

P. Amend Section A102.1 to read as follows:

A102.1 General. The provisions of this chapter shall apply to all existing buildings having at least one unreinforced masonry bearing wall. The elements regulated by this chapter shall be determined in accordance with Table A1-A.

Except as provided herein, other structural provisions of the building code shall apply. This chapter does not apply to the alteration of existing electrical, plumbing, mechanical or fire safety systems.

Exceptions:

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1. Warehouses or similar structures not used for human habitation unless housing emergency equipment or supplies.

2. A building having five living units or less.

3. A building previously strengthened to standards in effect at the time of strengthening.

Q. Add new Appendix Section A1115 entitled "Administrative Provisions" to read as follows:

SECTION A115 - ADMINISTRATIVE PROVISIONS

A115.1 Compliance requirements previously established (Ordinance 2010- 008). The city’s building stock and records were surveyed to identify buildings within the scope of this chapter, and said building owners were notified of the determination by notice and order sent by certified mail on dated January 11, 1990. The owner of a building within the scope of this chapter shall cause a structural analysis of the building to be made either by California-licensed engineer or architect. The engineer or architect may provide sufficient evidence to establish that the building is not within the scope of this chapter. The structural analysis shall be subject to the approval of the building official and shall be submitted in accordance with the following time limits:

1. By no later than February 1, 2011, a structural analysis and other substantial evidence which demonstrates that the building is not within the scope of this chapter shall be submitted.

2. By no later than February 1, 2011, a structural analysis and plans for alterations required to conform to this chapter shall be submitted.

3. By August 1, 2011, permits for the seismic retrofitting work necessary to achieve conformance with this chapter shall be obtained.

Where compliance with this chapter would displace low and moderate income residential uses, the building official may extend special and reasonable consideration to the time limits in this section so as to minimize the displacement of persons.

In order for an owner of a building within the scope of this chapter to comply with this chapter, the following elements shall be made to comply:

1. Unreinforced masonry walls to resist normal and in-plane seismic forces.

2. The anchorage and stability of exterior parapets and ornamentation.

3. The anchorage of unreinforced masonry walls to floors and roof.

4. Floor and roof diaphragms.

5. A complete bracing system to resist earthquake forces.

A115.1.1 Subsequent determinations. Where a building, not otherwise identified in the original inventory of buildings subject to Ordinance 2010-08, is

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determined to be within the scope of this chapter, the owner shall structurally alter the building to comply with this chapter within 180 days of receipt of a notice and order, or as otherwise determined by the building official.

A115.2 Notice and Order

A115.2.1 General. The building official shall, within 30 days of the determination that a building is of unreinforced masonry construction issue a notice and order as provided in this section to the owner of a building within the scope of this chapter.

A115.2.2 Service of notice and order. A notice or order issued pursuant to this section shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge or control of the building. The failure of any such person to receive such notice or order shall not affect the validity of any proceedings taken under this chapter or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter.

A115.2.3 Content of notice and order. The notice shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is subject to the minimum seismic standards of this chapter. The order shall direct the owner to obtain a building or demolition permit as required by this chapter and cause the building to be structurally altered to conform to the provisions of this chapter, or cause the building to be demolished. The notice or order shall be accompanied by a copy of Section A115.1, which sets forth the owner's responsibilities.

A115.3 Appeal. The owner of the building may appeal the building official's initial determination that the building is within the scope of this chapter to the Board of Appeals established by Section 113 of the California Building Code, as adopted.

Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section A115.2. Any appeal shall be decided by the Board no later than 90 days after filing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders or actions by the building official pursuant to this chapter shall be made in accordance with the procedures established in Section 104.10 of the California Building Code.

A115.4 Recordation. At the time that the building official serves the aforementioned notice, the building official shall also file and record with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof will be ordered to structurally analyze the building to determine compliance with this chapter.

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If the building is either demolished, found not to be within the scope of this chapter, or is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis, the building official shall file and record with the office of the county recorder a form terminating the status of the subject building as being classified within the scope of this chapter.

A115.5 Enforcement. If the owner in charge or control of the subject building fails to comply with any order issued by the building official pursuant to this chapter within the time limit set forth in Section A115.1, the building official shall verify that the record owner of this building has been properly served. If the order has been served on the record owner, then the following provisions apply:

1. The building official may order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated or such additional time as may have been granted by the Board of Appeals, the building official may order its demolition in accordance with the provisions of Sections 107, 108, 109 and 110 of the International Property Maintenance Code.

2. Any person who violates any provision of this chapter is guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code.

15.08.040 Amendments; California Mechanical Code.

The California Mechanical Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Delete Division II of Chapter 1 and Table 104.5, and Appendices A, B, C, D, E, F, and G.

B. Administration of the mechanical code shall be as set forth in Division II of Chapter 1 of the California Building Code.

15.08.050 Amendments; California Plumbing Code.

The California Plumbing Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Delete Division II of Chapter 1 and Appendices C, E, F, G, K, and L.

B. Administration of the plumbing code shall be as set forth in Division II of Chapter 1 of the California Building Code.

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C. Amend Section 1501.3 to read as follows by deletion of Exception:

1501.3 Permit. It shall be unlawful for a person to construct, install, alter, or cause to be constructed, installed, or altered an alternate water source in a building or on a premise without first obtaining a permit to do such work. Prior to commencing the issuance of permits for indoor gray water systems pursuant to state requirements relating to gray water, a city, county, or city and county or other local agency shall seek consultation with the local public health department to ensure that local public health concerns are addressed in local standards or ordinances, or in issuing permits. See California Water Code Section 14877.3.

Exception: [HCD 1] A construction permit shall not be required for a clothes washer system meeting the requirements of Section 1602.1.1.

D. Amend Section 1503.1.1 to read as follows:

1503.1.1 Clothes Washer System. A clothes washer system in compliance with all of the following is not exempt from the construction permit specified in Section

1.8.4.1 and shall not be installed or altered without a construction permit and shall comply with this chapter and the following:

(1) If required, notification has been provided to the enforcing agency regarding the proposed location and installation of a gray water irrigation or disposal system.

(2) The design shall allow the user to direct the flow to the irrigation or disposal field or the building sewer. The direction control of the gray water shall be clearly labeled and readily accessible to the user.

(31) The installation, change, alteration or repair of the system does not include a potable water connection or a pump and does not affect other building, plumbing, electrical, or mechanical components including structural features, egress, fire-life safety, sanitation, potable water supply piping, or accessibility.

Note: The pump in a clothes washer shall not be considered part of the gray water system.

(42) The gray water shall be contained on the site where it is generated.

(53) Gray water shall be directed to and contained within an irrigation or disposal field.

(64) Ponding or runoff is prohibited and shall be considered a nuisance.

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(7) Gray water may be released above the ground surface provided at least two (2) inches (52 mm) of mulch, rock, or soil, or a shield covers the release point. Other methods which provide equivalent separation are also acceptable.

(85) Gray water systems shall be designed to minimize contact with humans and domestic pets.

(9) Water used to wash diapers or similarly soiled or infectious garments shall not be used and shall be diverted to the building sewer.

(10) Gray water shall not contain hazardous chemicals derived from activities such as cleaning car parts, washing greasy or oily rags, or disposing of waste solutions from home photo labs or similar hobbyist or home occupational activities.

(11) Exemption from construction permit requirements of this code shall not be deemed to grant authorization for any gray water system to be installed in a manner that violates other provisions of this code or any other laws or ordinances of the enforcing agency.

(12) An operation and maintenance manual shall be provided to the owner.

Directions shall indicate that the manual is to remain with the building throughout the life of the system and upon change of ownership or occupancy.

E. Amend Section 1503.7 to read as follows:

1503.7 Drawings and Specifications. The Authority Having Jurisdiction may require the following information to be included with or in a plot plan before a permit is issued for a gray water system, or at a time during construction thereof:

(1) Plot plan drawn to scale and completely dimensioned, showing lot lines and structures, direction and approximate slope of surface, location of present or proposed retaining walls, drainage channels, water supply lines, wells, paved areas and structures, number of bedrooms and plumbing fixtures in each structure, location of private sewage disposal system or building sewer connecting to the public sewer, and location of the proposed gray water system.

(2) Details of construction necessary to ensure compliance with the requirements of this chapter, together with a full description of the complete installation, including installation methods, construction, and materials.

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(3) Details for holding tanks shall including dimensions, structural calculations, bracings, and such other pertinent data as required.

(4) A log of soil formations and groundwater level as determined by test holes dug in proximity to proposed irrigation and/or disposal area, together with a statement an analysis of water absorption characteristics of the soil and underground movement of water at the proposed site as determined by approved percolation tests a professional geotechnical engineer duly licensed as such by the State of California.

Exceptions:
a. The Authority Having Jurisdiction shall permit the use of Table 1602.10 in lieu of percolation tests.
b. The Enforcing Agency may waive the requirement for
identification of groundwater level and/or soil absorption qualities based on knowledge of local conditions.
c. The absence of groundwater in a test hole three (3) vertical feet (915 mm) below the deepest irrigation or disposal point shall be sufficient to satisfy this section unless seasonal high groundwater levels have been documented to rise to within this area.

(5) Distance between the plot and surface waters such as lakes, ponds, rivers, or streams, and the slope between the plot and the surface water, where in close proximity.

15.08.060 Amendments; California Electrical Code.

The California Building Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Annexes are informative only and not adopted.

B. Administration of the electrical code shall be as set forth in Division II of Chapter 1 of the California Building Code.

C. Amend Section 230.70(A) (1) to read as follows:

(1) Readily Accessible Location. The service disconnecting means shall be installed at a readily accessible location either outside the building or other structure, or inside nearest the point of entrance of the service conductors.

The disconnecting means shall be accessible to emergency personnel, either directly or by a remote actuating device, without requiring transit of the building interior. Dedicated electrical equipment rooms located at the building perimeter and providing direct access to the outside shall satisfy accessibility for emergency personnel.

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15.08.070 Amendments; International Property Maintenance Code.

The International Property Maintenance Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Amend Section 101.1 to read as follows:

101.1 Title. These regulations shall be known as the International Property Maintenance Code of Pismo Beach, hereinafter referred to as “this code”.

B. Amend Section 102.3 to read as follows:

102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Fuel Gas Code, International Mechanical Code, and the ICC Electrical Code California Building Standards Code and other applicable laws and ordinances. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code.

C. Amend Section 103.1 to read as follows:

103.1 General. The department office of property maintenance inspection hereby created and the executive official in charge thereof shall be known as the code official.

D. Amend Section 104.1 to read as follows:

104.1 Fees. The fees for activities and services performed by the department in carrying out its responsibilities code official under this code shall be as indicated in the following schedule in accordance with the schedule as established by the applicable governing authority.

E. Add Section 105.5.1 to read as follows:

105.5.1 Citations. The code official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

F. Delete Section 107, and Amend Section 108.1 to read as follows:

108.1 Membership of board. The board of appeals shall consist of a minimum of three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the

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jurisdiction. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms be the board of appeals established in Section 113 of the California Building Code as amended in Section 15.08.010 of the Pismo Beach Municipal Code.

G. Amend Section 109.4 to read as follows:

109.4 Violation penalties. Any person who shall violates a provision of this code or fails to comply therewith, or with any of the requirements thereof or who fails to comply with an order as affirmed or modified by the board of appeals within the time fixed herein, shall be prosecuted within the limits provided by state or local laws guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

H. Amend Section 110.4 to read as follows:

110.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than (AMOUNT) dollars or more than (AMOUNT) dollars subject to the penalties and code enforcement procedures set forth in Chapters 1.20, 1.24 and

1.28 of the City of Pismo Beach Municipal Code.

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DISCUSSION OF AMENDMENTS
2022 Building and Fire Codes
PROPOSED CHAPTERS 8.04, 8.08, 15.04, and 15.08

OF THE PISMO BEACH MUNICIPAL CODE

Chapter 8.04 GENERAL PROVISIONS

8.04.010 Adoption of Fire Code.

The 2022 edition of the California Fire Code (CFC) is adopted, replacing the 2019 edition of the code.

8.04.020 Fire code official designated.

The Fire Chief is hereby designated as the fire code official for the City of Pismo Beach.

The CFC provides authority for the fire code official to appoint appropriate designees and deputies necessary to enforce the provisions of the CFC.

8.04.030 Referenced codes and standards.

This section is added to specify the proper reference to the applicable California code if a reference was overlooked in the CFC during the State adoption process.

Chapter 8.08 FIRE PREVENTION REGULATIONS

8.08.010 Amendments; California Fire Code.

A. Appendix Chapters specifying qualifications for members of the Board of Appeals, additional criteria for fire apparatus roads, suggested hazard categories, weight and volume equivalents of cryogenic fluids, suggested hazardous materials management plans, building signage, requirements for ambulatory care facilities, firefighter air replenishment systems, retroactive fire sprinklers for high-rise buildings, and temporary haunted house uses are covered elsewhere, not adopted by the State, or inappropriate and are not adopted.

B. Section 101.1 is modified to properly refer to the fire code as the California Fire Code.

C. Section 102.3 amended to reference the California Building Code for evaluating a change of occupancy and requires the fire code official and the building official to concur regarding exceptions.

D. Section 103.1 is modified to reference the entity within the jurisdiction organization responsible for administering the fire code.

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E. Section 103.3.1 is added to note the “peace officer” authority available to the fire code official and designees for enforcement of fire code provisions.

F. Section 104.5.1 is added to provide the fire code official the ability to issue a citation for a violation of the code.

G. Section 105.3.3 contains added text to clarify approvals and conditions required for the inspection process.

H. Section 105.6.25 is added to reference the additional requirements for commercial barbecue pits found in Chapter 8.36 of the Municipal Code.

I. Section 111.1 is amended to clarify staff support, appointment criteria, and appeal fees for the fire code board of appeals.

J. Section 112.4 is amended to reference the misdemeanor penalties of Chapter 1.20 of the Municipal Code as an enforcement tool for achieving compliance with the fire code.

K. Section 113.4 is expanded to include the administrative citation provisions of the Municipal Code as an additional enforcement tool to achieve compliance with the fire code.

L. Section 405.8 modified to add notification procedures for emergency evacuation drills.

M. Section 503.1.2.1 is added to establish the maximum length of a dead-end road to be used for access by fire apparatus.

N. Section 503.2.7 is amended to limit the slope of access roads for fire apparatus.

O. Section 504.3 is amended to require a stairway or other approved access to the roof for emergency personnel for all new buildings two or more stories above grade.

P. Section 505.1 is amended to require larger address numbers and to provide the fire code official with authority to require even larger address numbers and/or numbers of reflective material if required for emergency identification by emergency personnel. Section 505.1.1 is added to provide the fire code official authority to require additional directories and directional signage for a building.

Q. The exception to Section 507.5.1 is modified to correctly reference the applicable code and section in the CRC that requires fire sprinklers in order to allow the greater access distance to a fire hydrant.

R. Section 605.1.3 is amended to delete the provision to utilize waste crankcase oil as an acceptable fuel oil.

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S. Section 605.9 is expanded to require a permanent marking on a gas meter to indicate which building is served by the meter.

T. Section 903.2 establishes where a fire sprinkler system is required. The provisions found here are identical to amended sprinkler requirements found in the CBC. Fire sprinkler requirements for one- and two-family dwellings are found in Section R313 of the California Residential Code.

Item 1 requires fire sprinklers in all new buildings. If the occupancy of a building is other than an apartment building, hotel, hazardous use, or institutional (hospital, nursing home) and the floor area does not exceed 1,000 square feet, fire sprinklers are not required. Fire sprinklers are not required in outdoor structures such as grandstands and stadiums, except areas within those structures exceeding 1,000 square feet that are used as a concession stand, retail sales area, etc. An exception references the CRC for fire sprinkler requirements in one- and two-family dwellings.

Item 2 requires fire sprinklers in both existing and new portions of a building when the floor area of an addition exceeds 1,000 square feet. Also, the text defines the “area of alterations” used for triggering fire sprinklers where altered floor area exceeds 50%. Alterations will not trigger the fire sprinkler requirement if the work is limited to replacement of exterior coverings, roofing, electrical services, sewer laterals and routine plumbing, electrical and mechanical repairs. An exception refers to the CRC for fire sprinkler requirements in one- and two-family dwellings.

Item 3 requires fire sprinklers when a story is added to a building. An exception refers to the CRC for fire sprinkler requirements when a story is added to a one- or two-family dwelling.

Item 4 requires fire sprinklers in an addition to an existing building already equipped with fire sprinklers.

Item 5 requires fire sprinklers where occupancy of an existing building is changed to a more hazardous use. A table is added to specify the hazard of an occupancy compared to other occupancies.

Fire sprinkler requirements in item 6 apply to theaters and storage areas where movie film is used or handled.

Item 7 requires new manufactured homes and mobile homes manufactured after March 12, 2011 to be equipped with an operational fire sprinkler system.

U. Section 903.3.5.3 is added to specify the minimum water service size required to serve a one-family or two-family dwelling. This specification simplifies the design

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criteria for an automatic fire sprinkler system where the water supply serves both domestic and fire sprinkler systems.

V. Section 903.3.10 is added to require fire sprinkler heads at exterior locations that will resist the corrosive effects of a marine environment.

W. Section 905.3.1 is amended to require a standpipe system for fire protection in any parking structure, and a new amendment requires a standpipe connection at the roof where a new building is greater than 20,000 square feet and greater than 18 feet in height.

X. Section 907.6.6 is amended to clarify approval procedure for central fire alarm monitoring stations.

Y. Section 2306.2.3 is amended to limit the use of above-ground storage tanks where liquid motor fuel is dispensed. When allowed, the maximum size of individual tanks is reduced from 12,000 gallons to 8,000 gallons, and aggregate tank capacity is reduced from 48,000 gallons to 16,000 gallons.

Z. Section 5504.3 is amended to prohibit containers of cryogenic fluids from being stored together with other hazardous materials in a diked area.

AA. Section 5601.1.3 is amended to continue prohibition of the use, possession, sale and handling of fireworks unless as a public display in accordance with Fire Code Official approval. Section 5601.1.3.1 is added to authorize the fire code official to seize fireworks in violation of codes.

BB. Sections 5704.2.9.6 and 5704.2.9.6.1 are modified to specify tank type and size allowed for storage of certain liquids in above-ground tanks outside of a building.

CC. Section 5706.2.4.4 is modified to specify tank type and size allowed for storage of certain liquids in above-ground tanks outside of a building.

DD. Section 6104.2 is amended to prohibit the installation of a liquefied petroleum gas tank, unless otherwise approved by the fire code official.

Chapter 15.04 GENERAL PROVISIONS

15.04.010 Adoption of construction codes.

The 2022 editions of the California Building Code (CBC), Residential Code (CRC), Electrical Code (CEC), Mechanical Code (CMC), Plumbing Code (CPC), Energy Code, Historical Building Code, Existing Building Code, and Green Building Standards Code are adopted in this section, including appendices, replacing the 2019 editions. The 2021 edition of the International Property Maintenance Code (IPMC) is also adopted in this section, replacing the 2015 edition.

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15.04.020 Building Official designated.

This section names the responsible staff person referenced throughout the construction and property maintenance codes. The CBC provides authority to the building official to appoint deputies, plans examiners, building inspectors and other employees necessary to enforce the provisions of the construction codes.

15.04.030 Referenced Codes and Standards.

This section is added to specify the proper reference to the applicable California code if a reference was overlooked in the various codes during the State adoption process.

Chapter 15.08 CONSTRUCTION REGULATIONS

15.08.010 Amendments; California Building Code.

A. Appendix Chapters involving qualifications of building inspectors and plans examiners, qualifications for members of the Board of Appeals, establishment of fire districts, and requirements for rodent proofing, tsunami flood hazards, replicable buildings, and emergency housing are covered elsewhere, not adopted by the State, or inappropriate and are not adopted.

B. Section 101.1 is modified to properly cite the code as the California Building Code.

C. Section 101.4 is modified to include reference to Section 101.4.8 (see item D).

D. Section 101.4.8 is added to reference the California Electrical Code as the applicable code governing all electrical, thereby correcting an oversight in the publishing process.

E. Section 103.1 is modified to reference the entity within the jurisdiction organization responsible for administering the construction codes.

F. Section 104.3.1 is added to provide the building official the ability to issue a citation for a violation of the code.

G. Section 104.12 is added to establish procedures to be followed when archeological resources are discovered during construction activities.

H. Section 105.2 is modified to specify that fences over 6 feet in height are not exempt from a permit and that free-standing masonry and concrete walls over 3 feet in height above grade are not exempt from a permit.

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I. Section 105.3.2 is modified to simplify management of permit applications by establishing a permit application to be valid for one year before expiration, with time extensions granted by the building official as long as a time extension is not beyond the effective date of the next edition of the California Building Standards Code.

J. Section 109.2.1 establishes the plan check fee assessment criteria missing in the new code.

K. Section 109.4 is amended to establish an investigation fee for work started without a permit.

L. Section 110.3.6 is amended to delete the exception for required inspection of lath and gypsum wallboard. Verification of proper attachment of these products is considered essential regardless of the type of assembly.

M. Section 112.4 is added to require new electric and communication service connections to be provided by underground wiring, with some exceptions allowed. This amendment is consistent with underground utility requirements in other parts of the Municipal Code and General Plan provisions.

N. Section 113 is modified to allow one Board of Appeals to serve as the appeals board for all codes adopted under Section 15.08.010. This combination provision will reduce the number of volunteer board members required, which is often a difficult recruiting process. This section also sets the number of Board members at five, or seven for disabled access issues.

O. Section 114.1 is amended to prohibit the use of a travel, trucking trailer, cargo container, or rail car for habitation, storage or any structural purpose. A travel trailer or recreational vehicle is prohibited from being used for residential purposes unless located in an approved campground or recreational vehicle park.

P. Section 114.4 is modified to include reference to penalties found elsewhere in the Municipal Code to aid enforcement.

Q. Section 115.4 is modified to include reference to code enforcement procedures found elsewhere in the Municipal Code to aid enforcement.

R. Section 116.1 is modified to reference the International Property Maintenance Code for procedures to order removal or repair of unsafe building conditions.

S. Section 502.1 is amended to require larger address numbers and to provide the fire code official with authority to require even larger address numbers and/or numbers of reflective material if required for emergency identification by emergency

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personnel. Amended requirements in this section are identical to amendments in the Fire Code.

T. Section 903.2 establishes where a fire sprinkler system is required. The provisions found here are identical to amended sprinkler requirements found in the CFC, except for item 7 because manufactured homes and mobile homes, typically located in mobile home parks, are not governed by the CBC or the CRC. Fire sprinkler requirements for one- and two-family dwellings are found in Section R313 of the California Residential Code.

Item 1 requires fire sprinklers in all new buildings. If the occupancy of a building is other than an apartment building, hotel, hazardous use, or institutional (hospital, nursing home) and the floor area does not exceed 1,000 square feet, fire sprinklers are not required. Fire sprinklers are not required in outdoor structures such as grandstands and stadiums, except areas within those structures exceeding 1,000 square feet that are used as a concession stand, retail sales area, etc. An exception references the CRC for fire sprinkler requirements in one- and two-family dwellings.

Item 2 requires fire sprinklers in both existing and new portions of a building when the floor area of an addition exceeds 1,000 square feet. Also, the text is slightly modified to more clearly define the “area of alterations” used for triggering fire sprinklers where altered floor area exceeds 50%. Alterations will not trigger the fire sprinkler requirement if the work is limited to replacement of exterior coverings, roofing, electrical services, sewer laterals and routine plumbing, electrical and mechanical repairs. Also added to Item 2 is an exception that refers to the CRC for fire sprinkler requirements in one- and two-family dwellings.

Item 3 requires fire sprinklers when a story is added to a building. An exception refers to the CRC for fire sprinkler requirements when a story is added to a one- or two-family dwelling.

Item 4 requires fire sprinklers in an addition to an existing building already equipped with fire sprinklers.

Item 5 requires fire sprinklers where occupancy of an existing building is changed to a more hazardous use. A new table is added in this amendment cycle to specify the hazard of an occupancy compared to other occupancies.

Fire sprinkler requirements in item 6 typically apply to theaters and storage areas where movie film is used or handled.

U. Section 903.3.5.3 is added to specify the minimum water service size required to serve a one-family or two-family dwelling. This specification simplifies the design criteria for an automatic fire sprinkler system where the water supply serves both domestic and fire sprinkler systems.

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V. Section 903.3.10 is added to require fire sprinkler heads at exterior locations that will resist the corrosive effects of a marine environment.

W. Section 905.3.1 is amended to require a standpipe system for fire protection in any parking structure, and a new amendment requires a standpipe connection at the roof where a new building is greater than 20,000 square feet and greater than 18 feet in height.

X. Section 907.6.6 is amended to clarify approval procedure for central fire alarm monitoring stations.

Y. Section 1030.1 is amended to retain the requirement for emergency escape and rescue openings at basement sleeping rooms. This section is modified in the 2022 CBC to delete emergency escape and rescue openings in basement sleeping rooms; no justification for such change from prior code editions is apparent, and the building official and fire code official are not comfortable compromising this important life safety code provision.

Z. Section 1506.4 is added to prohibit the installation of wood shingles or wood shakes, unless it is a Class A fire-resistance-rated system.

AA. Section 3201.1 is amended to reference Chapter 12.32 of the Municipal Code for regulations governing encroachment of structures into the right-of-way.

BB. Section 3201.3 is modified to reference other permits and approvals that may be necessary for any structure projecting into the right-of-way.

CC. Section 3201.4 is amended to allow drainage from a roof to flow over the public sidewalk if approved by the City Engineer.

DD. Section 3202.2 is amended to prohibit building encroachment into the right-of- way above grade and below 8 feet in height. This section is modified in this code cycle to prohibit balconies projecting into the right-of-way.

EE. Section 3202.3.1 is amended to include roof overhangs and roof projections that project over the right-of-way 8 feet or more above grade, and limits the projection to two-thirds of the width of the sidewalk measured from the building to face of curb. Supports for such projections are prohibited in the right-of-way. This section is modified in this code cycle to prohibit roof overhangs that may be part of a roof deck intended for human occupancy.

FF. An exception is added to Section 3202.3.2 to allow windows and similar features that are at 8 feet above grade to project into the right-of-way up to 4 feet.

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GG. Appendix Section G104.1 is modified to allow the administrative provisions of the CBC found in Chapter 1 to govern the permitting process in a flood hazard area.

HH. Appendix Section H101.2 is modified to eliminate exemption of certain signs from the permitting process to avoid conflict with Planning Permit requirements.

II. Appendix Section H106.3 Added to require Final Inspection prior to operation of an electric sign.

JJ. Appendix Sections J101.3 is added to prohibit grading on slopes greater than 30 percent unless approved by the Planning Commission or City Council. This section also references the zoning ordinance and the General Plan for additional grading requirements. Appendix Section J101.4 is added to require that a graded site be certified to verify compliance with the grading plan prior to commencement of building construction.

KK. Appendix Section J103.2 clarifies that a grading permit is not required for work that does not exceed 50 cubic yards of, excavation less than 2 feet, and fill less than 1 foot, subject to limitations. Appendix Sections J103.3 and J103.4 are added to require a guarantee (bond) for grading prior to the issuance of a grading permit to ensure elimination of hazardous conditions or restoration of the graded site if the project fails to proceed to the issued building permit stage.

LL. Appendix Section J104.2 is amended to require that a grading plan include drainage conditions and devices and the location of existing trees on the site that are 3 inches or greater in diameter, together with a tree preservation plan.

MM. Appendix Section J110.3 is added to provide reference to additional erosion control regulations contained in other documents.

Section 15.08.020 Amendments; California Residential Code.

A. Appendix chapters pertaining to gas pipe sizing, sizing of appliance venting, safety inspection of appliances, manufactured housing, radon control, private sewage disposal, existing buildings, sound transmission, permit fees, home day care use, venting methods, vehicular gates, sizing of water piping systems, straw/clay construction, testing for atmospheric venting systems, solar-ready provisions, swimming pool safety, and the central valley flood protection plan are covered elsewhere, not adopted by the State, or inappropriate and are not adopted.

B. Section R101.1 is amended to properly cite the code as the California Residential Code.

C. Section R103.1 is modified to reference the entity within the jurisdiction organization responsible for administering the construction codes.

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D. Section R104.3.1 is added to provide the code official authority to issue a citation for a code violation.

E. Section R104.12 is added to establish procedures to be followed when archeological resources are discovered during construction activities.

F. Section R105.2, item 2 is revised limit permit exempt fences to 6 feet in height for consistency with Planning regulations; item 3 is amended to require a permit for free-standing masonry and concrete walls over 3 feet in height above grade; and item 10 is revised to exempt a detached deck not greater than 30 inches above grade from permit requirements.

G. Section R105.3.2 is modified to simplify management of permit applications by establishing a permit application to be valid for one year before expiration, with time extensions granted by the building official as long as a time extension is not beyond the effective date of the next edition of the California Building Standards Code.

H. Section R108.2.1 establishes the plan check fee assessment criteria found in prior code, but inadvertently missing in the new code.

I. Section R108.6 is amended to establish an investigation fee for work started without a permit as found in the previous code.

J. Section 111.4 is added to require new electric and communication service connections to be provided by underground wiring, with some exceptions allowed. This amendment is consistent with underground utility requirements in other parts of the Municipal Code and General Plan provisions.

K. Section R112.1 is amended to reference Section 113 of the CBC for board of appeals issues.

L. Section R113.1 is amended to prohibit the use of a travel, trucking trailer, cargo container, or rail car for habitation, storage or any structural purpose. A travel trailer or recreational vehicle is prohibited from being used for residential purposes unless located in an approved campground or recreational vehicle park.

M. Section R113.4 is modified to include reference to penalties found elsewhere in the Municipal Code to aid enforcement.

N. Section R114.2 is modified to include reference to penalties and code enforcement procedures found elsewhere in the Municipal Code to aid enforcement.

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O. Section R310.1 is amended to retain the requirement for emergency escape and rescue openings at basement sleeping rooms. This section is modified in the 2022 CRC to delete emergency escape and rescue openings in basement sleeping rooms; no justification for such change from prior code editions is apparent, and the building official and fire code official are not comfortable compromising this important life safety code provision.

P. Section R312.5 is added to allow glazing in a guardrail system as allowed by the CBC.

Q. The Exception 1 to Section R313.2 exempts existing one- and two-family dwellings from providing an automatic fire sprinkler system unless an addition exceeds 1,000 square feet or an additional dwelling unit is created. Exception 2 exempts Accessory Dwelling Units from providing an automatic fire sprinkler system if the unit meets the definition of Accessory Dwelling Unit, does not exceed 1,200 square feet in size, and is located on the same lot as the primary residence not equipped with an automatic fire sprinkler system.

R. Exception 4 to Section R313.3.1.2 is modified to exempt a detached residential garage not exceeding 1,000 square feet from fire sprinkler requirements.

S. Section R313.3.5.4 is added to specify the minimum water service size required to serve a one-family or two-family dwelling. This specification simplifies the design criteria for an automatic fire sprinkler system where the water supply serves both domestic and fire sprinkler systems.

T. Section R319.1 is amended to require larger address numbers and to provide the fire code official with authority to require even larger address numbers and/or numbers of reflective material if required for emergency identification by emergency personnel. Amended requirements in this section are identical to amendments in the Fire Code.

U. Section R341.1 is modified to refer to the CBC for swimming pool requirements.

V. Section R904.5 is added to prohibit the installation of wood shingles or wood shakes, unless it is a Class A fire-resistance-rated system.

Section 15.08.030 Amendments; California Existing Building Code.

A. Appendix Chapter A4 containing mandatory seismic strengthening for wood- frame residential buildings are not adopted by the State and are inappropriate, and therefore not adopted.

B. Section 101.1 is modified to properly cite the code as the California Existing Building Code.

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C. Section 103.1 is modified to reference the entity within the jurisdiction organization responsible for administering the construction codes.

D. Section 104.3.1 is added to provide the building official the ability to issue a citation for a violation of the code.

E. Section 104.12 is added to establish procedures to be followed when archeological resources are discovered during construction activities.

F. Section 105.3.2 is modified to simplify management of permit applications by establishing a permit application to be valid for one year before expiration, with time extensions granted by the building official as long as a time extension is not beyond the effective date of the next edition of the California Building Standards Code.

G. Section 108.2.1 establishes the plan check fee assessment criteria found in prior code, but inadvertently missing in the new code.

H. Section 108.4 is amended to establish an investigation fee for work started without a permit.

I. Section 109.3.5 is amended to delete the exception for required inspection of lath and gypsum wallboard. Verification of proper attachment of these products is considered essential regardless of the type of assembly.

J. Section 111.4 is added to require new electric and communication service connections to be provided by underground wiring, with some exceptions allowed. This amendment is consistent with underground utility requirements in other parts of the Municipal Code and General Plan provisions.

K. Section 112.1 is modified to allow one Board of Appeals to serve as the appeals board for all codes adopted under Section 15.08.010. This combination provision will reduce the number of volunteer board members required, which is often a difficult recruiting process. This section also sets the number of Board members at five, or seven for disabled access issues.

L. Section 113.1 is amended to prohibit the use of a travel, trucking trailer, cargo container, or rail car for habitation, storage or any structural purpose. A travel trailer or recreational vehicle is prohibited from being used for residential purposes unless located in an approved campground or recreational vehicle park.

M. Section 113.4 is modified to include reference to penalties found elsewhere in the Municipal Code to aid enforcement.

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N. Section 114.4 is modified to include reference to code enforcement procedures found elsewhere in the Municipal Code to aid enforcement.

O. Section 115.1 is modified to reference the International Property Maintenance Code for procedures to order removal or repair of unsafe building conditions.

P. Section A102.1 is amended to add exceptions for those unreinforced buildings which are exempt from compliance with this chapter. These exceptions are based on the exceptions contained in State law mandating a potentially hazardous building mitigation program.

Q. Section A115 is added to establish provisions for administering the unreinforced masonry building hazard mitigation program. Appendix Section A115.1 contains the compliance deadlines and listing of building elements subject to the chapter that were updated by City Council ordinance; there are no additional changes included in this code adoption. Appendix Sections A115.2 through 115.5 provide the enforcement tools to achieve compliance. All known buildings of unreinforced masonry construction in the City of Pismo Beach that are occupied have been strengthened to the minimum standards prescribe in Appendix Chapter A1.

Section 15.08.040 Amendments; California Mechanical Code.

A. Division II of Chapter 1of the California Mechanical Code is deleted because Division II of Chapter 1of the CBC includes administrative provisions that are compatible with all adopted codes. Establishing one administrative chapter that is applicable to all codes avoids confusion and conflict between code sections.

Appendices pertaining to plan review forms, appliance start-up procedures, testing of equipment, sustainable practices, and example calculations are covered elsewhere, not adopted by the State, or inappropriate and are not adopted.

B. Division II of the CBC Chapter 1 is established for the administration of the Mechanical Code.

Section 15.08.050 Amendments; California Plumbing Code.

A. Division II of Chapter 1of the California Plumbing Code is deleted because Division II of Chapter 1of the CBC includes administrative provisions that are compatible with all adopted codes. Establishing one administrative chapter that is applicable to all codes avoids confusion and conflict between code sections.

Appendices regarding guidelines for plumbing system sizing, alternate plumbing systems, mobile home parks, firefighter breathing replenishment system, private sewage disposal systems, potable rainwater catchment systems, and sustainable practices are covered elsewhere, not adopted by the State, or inappropriate and are not adopted.

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B. Division II of the CBC Chapter 1 is established for the administration of the Plumbing Code.

C. Section 1501.3 is amended to delete the exception that waives a permit for a clothes washer gray water system.

D. Section 1503.1.1 is amended to specifically require a permit for a clothes washer gray water system.

E. Section 1503.7 is modified to require that a professional geotechnical engineer be involved in the design of a gray water system.

Section 15.08.060 Amendments; California Electrical Code.

A. Annex chapters are informative only and not adopted.

B. The Electrical Code does not contain an administrative chapter in the main body of the code. This Section establishes Chapter 1, Division II, of the CBC as such, since it is compatible with all adopted codes. Establishing one administrative chapter that is applicable to all codes avoids confusion and conflict between code sections.

C. Section 230.70(A)(1) is amended to require installation of a new electrical service to be located or equipped such that emergency personnel are not required to undertake a lengthy transit of a building to disconnect electric power.

Section 15.08.070 Amendments; International Property Maintenance Code.

A. Section 101.1 is modified to clarify applicability of the IPMC to the City of Pismo Beach.

B. Section 102.3 is modified to clarify that all work done to an existing building shall comply with all parts of the California Building Standards Code and all other related laws of the jurisdiction.

C. Section 103.1 establishes the office responsible for enforcement of the property maintenance code in the jurisdiction.

D. Section 104.1 clarifies that fees for activities performed by the code official are established under a separate action by the governing authority.

E. Section 105.5.1 is added to grant authority to the code official to issue citation for code violations.

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F. Section 107.1 is deleted, and Section 108.1 is amended to refer to Appendix Chapter 113 of the CBC for the appeals board required under the IPMC.

G. Section 109.4 is amended penalties and code enforcement procedures found elsewhere in the Municipal Code to aid enforcement.

H. Section 110.4 is amended to reference enforcement tools and penalties found elsewhere in the Municipal Code that can be applicable where there is failure to comply.

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