5 Correspondence West 2022-11-01 — Pismo Beach City Council, November 1, 2022

AGENDA CORRESPONDENCE
MEETING DATE I - -Z2 ITEM NO. S
DATE REC'D t -1- SUB'D BY WF_16 T

PISMO BEACH CITY COUNCIL MEETING
NOVEMBER 1, 2022
PISMO CREEK RV RESORT — HISTORY
Pismo Beach RV Resort has been in operation at its 98 Dolliver, Pismo Beach location for thirty-five years. The RV Park provides 872 owner memberships, 106 RV sites, 5 cabins, one loft apartment, 5 full time and 1 part time employees, an administration business office and a clubhouse for members.

We are not a senior park, but several of our members are over 55 years of age. Our moto over these years has been "making memories in Pismo Beach".

Over the past years we have considered ourselves good Pismo Beach neighbors. We have sought to improve our property by maintaining our road surfaces, keeping our structures pleasant looking, stabilizing our creek side, installing artificial grass to conserve water and most recently added security lighting along Dolliver near the Highway One bridge that also illuminates the palm trees adjacent to the RV park.

Our members and the park staff support the City of Pismo Beach businesses through general purchases, and we support Pismo Beach government by paying taxes.

MAJOR POINTS TO DISCUSS
Pismo Creek RV Resort (PCRV) has been working with the State and Federal agencies over the past nine (9) years to develop a shoreline stabilization plan to prevent the deterioration of their property which has been eroded by roughly 30' over the last thirty years.

PCRV met all the requirements required by State and Federal agencies and the City of Pismo Beach to perform a stabilization plan, paid for all permits and reviews as required. PCRV began construction after receiving the City of Pismo Beach's building permit on July 1, 2021 and completed the stabilization effort on October 15, 2021. (Building Permit attached) The City of Pismo Beach provided PCRV's consulting engineer, GTA (Garing Taylor & Associates) with drawings indicating the location and depth of two sewer lines that traversed the creek and PCRV's contractor David Crye Construction utilized these drawings when installing water diversion bladders that were required to perform the stabilization work. The drawings provided to GAT were incorrect as to the location and depth of the lines. In the process of installing the bladders PCRV's consulting engineer Kevin Merc & Associates noticed bubbles coming up in the creek on the south/east end of the work area and it was determined there was a sewer line leak.

As the stabilization project was coming to a close David Crye Construction began removing the bladders along the estuary's south side. The City of Pismo Beach requested that two bladders, near the repair site remain in place until their repairs to the 70+ year old pipe were completed.

The City of Pismo Beach advised PCRV that they were assuming all costs relating to the two remaining bladders. (Text messages attached)
PCRV verified that the bladder invoice had been sent to the City of Pismo Beach by David Crye Construction but to this date has not been paid and there has been no correspondence between David Crye Construction and the City of Pismo Beach. PCRV consulting engineer David Watson has advised us that the City of Pismo Beach engineer Eric Eldridge was instructed by management to forward the invoice to the City of Pismo Beach attorney and City of Pismo Beach city manager. (Invoice Attached)
PCRV incurred additional costs related to the sewer line leak, lost revenue as a result of delays in construction, staff and engineering costs well over $20,000 but we have sought no damages from the City of Pismo Beach, at this time.

It should be noted that PCRV members have complained to management of a sewer smell coming from the estuary for over 12 years, but the complaints were dismissed because of the low flow of water within the estuary. As a result of the required sewer line repairs, we subsequently received documents from the city that showed that for the past seven years the sewer bacteria levels had been present and rising within the estuary. The City of Pismo Beach was aware that there was a difference between what waste was shipping to the waste plant and what was being received but they took no action.

1. Building Permit
a. There were no caveats relating any other projects to the Creekside Stabilization project. PCRV believes the City of Pismo Beach has acted in an unlawful manner and we request that the Building Permit be finalized by 11/7/2022.

2. Payment for Extended use of Bladder(s)
a. The invoice from David Cry Construction is outside any City of Pismo Beach dealings with PCRV and should be paid without any delay.

PISMO BEACH CITY COUNCIL MEETING
NOVEMBER 1, 2022
PISMO CREEK RV RESORT — MITIGATION
Let me start off by saying that we do not understand why we are required to perform a mitigation project as our Creekside Stabilization project was designed to preserve a deteriorating creek side along the north side of our RV park. We essentially did not recover any of the land lost over the past thirty years, nor did we add any additional rentable sites and we created no additional revenue streams to a not -for -profit RV park owned and operated by its member/owners.

Our consulting engineers, Kevin Merk and David Watson, informed us that to receive permission from the governing agencies to stabilize our creek side we would be required to provide a mitigation area similar in size to our stabilization project that would include some mitigating improvements —what are we mitigating? Nevertheless, we had agreed to provide services to an area approximately one- and one-half miles east our park referred to as the Price Historical Park in order to receive the permit to stabilize our creek side.

Now, we do realize that in the eight years it has taken to get to this point we have had changes in personnel, a pandemic, a continuing drought, water shortages, employee shortages within the Coastal Commission and City of Pismo Beach and changing perspectives as to what may be required as a mitigation project.

We have been asked to submit several revised plans for the mitigation project and each time changes are requested it costs us thousands of dollars for consulting engineers, landscape architects not to mention the time required by our volunteer members. Each time the City of Pismo Beach requests an amendment to the mitigation plan it must be reviewed and approved by the

California Coastal Commission who is the governing agency for the other agencies.

The agencies have a sunset clause in our agreement that requires that our mitigation efforts be completed by December 31, 2022, with a continuing maintenance agreement for five years from the date of completion. Each month over the past year we have been asking our consulting engineers for a status report on the approval of the mitigation project by the City of Pismo Beach prior to our board meetings. Each month we have been advised that due to Covid-19, the staff working out of the office, short staff to review the requirements of the project or just no response and the project has set in limbo.

We had a plan from our landscape engineer, FIRMA, proposed by the City of Pismo Beach and approved and the California Coastal Commission dated September 22, 2022, by Ryan Moroney but again with revisions from Megan Martin of the City of Pismo Beach. As it stands now the plan is written in vague generalities and leaves a lot of room for confusion as to expectations between Pismo Creek RV Resort and the City of Pismo Beach. It will be impossible to complete this mitigation project by the date of December 31, 2022.

Some of our concerns with the current plan are:

1. The addition of fifty trees (total of 100 trees). These trees will require considerable maintenance by the City of Pismo Beach after the five-year term as specified in the mitigation plan.

2. The application of a hydro -seeding of native plants and grasses will need to be maintained by the City of Pismo Beach and with the continuing drought conditions this will be a fire consideration. Most, if not all, the native plants and grasses to most people look like weeds. Care of the area will also include invasive existing plants and grasses that will require weeding. The first weeding of our stabilized creek side cost us $9,000 to remove naturally occurring weeds.

3. Our landscape architect has advised us that the watering for this mitigation project will require over 500,000 gallons of water the first year. Granted that amount may decrease as the trees and vegetation become established, we have no way of predicting how long that may take.
in conclusion, we are not convinced that the City wants to continue with this proposed park and that is why they have continued to stall on giving us an approval to proceed. Because of issues relating to finalizing our Creekside Stabilization project permit and the City's non-payment of costs related to their use of the bladders we are not confident that the City of Pismo Beach will not be a trusted partner with regards to this mitigation project.

There is another option, less favorable to the California Coastal Commission, for filling our requirements for the mitigation project and that would be a cash payout of $50,000. So that the city could make distributions as they see as appropriate and in its best interests, considering the current time limitations and the noted concerns.

Application Date: 06/03/2020
Construction Permit
s4tO gEP`?
No: B20-000137
Issue Date: 07115/2021
Project Address:
98 Dolliver
Parcel:
800-009-910

CALIFORNIA LICENSED CONTRACTORS DECLARATION
TractlLot:
1 hereby affirm under penalty of perjury that I am licensed under provisions Description:

Stabilize and Enhance the Unprotected and Eroding
of Chapter 9 commencing with Section 7000 of Division 3 of the Business Streambank
and Professions Code, and my license is in full force and effect. State Valuation:
$660,000.00
License #:806678
Census:

Commercial Alteration
Permit Types:

Grading
Grading
By my signature below I acknowledge that, except for my personal residence in which I must have resided for at least one year prior to completion of the improvements covered by this permit, I cannot legally Owner:

PISMO CREEK RV RESORT INC
sell a structure that I have built as an owner -builder if it has not been 98 S DOLLIVER ST
constructed in its entirety by licensed contractors. I understand that a copy PISMO BEACH, CA 93449
of the applicable law is available upon request or at http_%iv r��y2_I-ginfg.ca. gov/calaw. html.

Contractor:

DAVID CRYE GENERAL ENGINEERING
WARNING: Failure to secure workers' compensation coverage is unlawful,

CONTRACTOR INC
and shall subject an employer to criminal penalties and civil fines up to 1170 QUINTANA ROAD
$100,000, in addition to the cost of compensation, damages as provided Morro Bay CA 93442
for in section 3706 of the labor code, interest, and attorney's fees. (805) 772-7457

WORKERS COMPENSATION DECLARATION
I hereby affirm under penalty of perjury that 1 have and will maintain Occupancy
Construction Area
workers compensation insurance, as required by Section 3700 of the Group
Type
Labor Code, for the performance of the work for which this permit is issued. My workers compensation insurance carrier and policy number are:

Fees:

Description
Total Cost
Building Permit ($500,001-$1,000,000)
7042.95
SMIP Commercial
184.80
Green Build Fee

27.00 Plan Review
7042.95
Total Fees: 14,297.70
Amount Paid: 14,297.70
Balance Due: 0.00
Worker's Comp: STATE FUND, policy #:9125999, expires:03.01.2022 / certify that /have read this application and state that the above information is correct, / agree to comply with city ordinances and state laws relating to building construction, and hereby authorize representatives of this city 10 enter upon the above mentioned property for inspection purposes. Unless noted under "Special Condit/ons a this permit becomes null and void if work or construction authorized is not started within 180 days, or if construction or work is suspended or abandoned for a period of 180 days any time after work is commenced.
07/15/20 DocuS1gned by:
awl[njt, 7/15/2021
OF86111448E94DE..

Date and Signature of Contractor, Authorized Agent or Owner

//RWG
August 11, 2021
John W. Fricks
Ogden & Fricks
656 Santa Rosa Street, Ste B
San Luis Obispo, CA 93401
Re: Pismo Creek R.V. Resort
Dear John:

T 805.706.0962 847 Monterey Street, Suite 206
F 800.552.0078 San Luis Obispo, California 93401
E [email protected] rwglaw.com
This letter is a follow-up to my phone call to you today regarding the creek bank rehabilitation project located at the Pismo Creek R.V. Resort in Pismo Beach. As I mentioned on the phone, the City's wastewater transmission line was damaged in the immediate area where work is currently being done by your client's construction contractor. I am enclosing two photographs taken by City staff that show the area involved, and the large bladders that were placed by the contractor to protect the creek from the work being done.

The City is still gathering information regarding the incident, but preliminary estimates from our public works department indicate that the damage to the transmission line and the anticipated repair cost may exceed $100,000.00. Obviously, further investigation may result in a number higher or lower than that one, but I wanted to place your client on notice as soon as possible that the City will be looking to Pismo Creek R.V. Resort, Inc. and its contractor to reimburse the City's costs in responding to this emergency and repairing the line should further investigation reveal that your client's contractor is responsible for the damage.

I will keep you posted as more information becomes available to the City regarding this matter, but I hope you will contact your client directly for any information you might need from them regarding the incident.

Central Coast Los Angeles San Francisco Orange County Temecula RICHARDS WATSON•

John W. Fricks
August 11, 2021
Since this is a rapidly changing situation, please feel free to call my cell phone at 805.610.3283 if you need to reach me immediately.

Very truly yours,
David M. Fleishman

Page 12 ends

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Cherri Armer
From: [email protected]
Sent: 1010101%tay;TAugust 12, 2021-9:12'-AIM
To: Cherri Armer; Steven West; Budd Retzloff
Cc: Ron Reilly; Tony Coscia; Kevin Merk; Richard Pfost; David Crye Subject: CCC Em and Response to Notice [FWD: Notice of Sewer Leak at Pismo Creek RV Resort, Pismo Beach, San Luis Obispo County, CA]]
Cherri and All:

PB is interacting with them and will advise.

On the subject of the damaged pipe, I think (if you haven't already) it would be wise to prepare a File Memo documenting all the facts you can about how/when this was discovered, where it occurs in the creek/on whose property it exists, actions taken, and in particular photos of the line and conditions observed. I'd recommend you generate these Memo's to the RV Park Board of Directors as "DRAFTS" and mark them "CONFIDENTIAL".

My take on this is that via Ron's review with Jim Garing, the precise location and condition of this line and the nature of its installation will be key contributing factors in the assignment of responsibility for repair -replacement.

Cherri, I didn't want to reach out directly to John Fricks, but I'd suggest you consider sharing this with him and the materials we receive from the Team. He would be best to direct any of these anticipatory steps.

Happy to discuss further if you'd like.

David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 385
Pismo Beach, California 93448-0385
Tel: 805.704.8728
Em: dave(d).watsonplanning. us
Website: www.watsonolannino.us
-------- Original Message --------
Subject: Re: [FWD: Notice of Sewer Leak at Pismo Creek RV Resort, Pismo Beach, San Luis Obispo County, CA]
From: "Moroney, Ryan@Coastal"
Date: Thu, August 12, 2021 8:53 am
To: "dave(&watsonplannino.us"
Thanks Dave. Matt reached out yesterday, and we gave the City a verbal/email emergency CDP to abate the spill/leak.

Ryan Moroney
California Coastal Commission
Central Coast District Supervisor
Please note that public counter hours for all Commission offices are currently suspended indefinitely in light of the Corona virus. However, in order to provide the

public with continuity of service while protecting both you and our employees, the Commission remains open for business, and you can contact staff by phone, email, and regular mail (see staff contact information at www.coastal.ca.gov/contact) . For my situation, Email is strongly preferred, with a hard copy by US flail. dour office is not able to accept delivery by FedEx, UPS, and other such delivery services at the entire building is closed). Finally, things may take a little longer than usual during this period of time. Thank you for your patience and understanding as we all work through this public health crisis.

From: [email protected]
Sent: Thursday, August 12, 20218:49 AM
To: Moroney, Ryan@Coastal
Subject: [FWD: Notice of Sewer Leak at Pismo Creek RV Resort, Pismo Beach, San Luis Obispo County, CA] Ryan:

We have encountered a leaking/damaged wastewater line within the Pismo Creek area. We are working closely with PB officials to diagnose the line condition and remedial actions to be taken. PB is taking the lead for this work, and may be contacting your office directly.

Our understanding is this may be city force main or outfall lines running to or from the treatment plant. If it is a force main from the Addie St lift station to the treatment plant, we're told it is a 70+ year old cast iron pipe running in this area under portions of the creek.

Yesterday the following notice was provided to the various Resource Agencies by our civil and bio team members. The positive news is that the observed leak occurs within an area of dewatering and is not leaking into the channel.

I'm available to discuss this with you if you'd like. I'll keep you apprised as I learn more.

David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 385
Pismo Beach, California 93448-0385
Tel: 805.704.8728
Em: dave(cbwatson planning. us
Website: www.watsonplanning.us
-------- Original Message --------
Subject: Notice of Sewer Leak at Pismo Creek RV Resort, Pismo Beach, San Luis Obispo County, CA
From: Kevin Merk
Date: Wed, August 11, 2021 3:21 pm
To: "Ross, Emma B CIV USARMY CESPL (USA)" ,
"Cassady, Mark@Waterboards" , Wildlife
R4 LSA
Cc: [email protected], [email protected],
cstoehrapismobeach.org, rfleminQ(&pismobeach.org, bfine(a�pismobeach.org, Ron Reilly , Richard Pfost
, DaveWatson , Cherri
Armer , Steven West

To Whom It May Concern,
Pismo Creek RV Resort and its consultants are working with the City of Pismo Beach with respect to an apparent sewer leak within the vicinity of the ongoing creek bank stabilization and habitat restoration project which was permitted through your agencies (SPL-2017-00108-EBR; 34017WQ18; 1600-2017-0100-R4), the California Coastal Commission and the City of Pismo Beach.

On the afternoon of August 10, 2021, effluent from an apparent sewer leak was observed within an area adjacent to the work on the southerly bank of Pismo Creek RV Resort property, approximately 150 feet to the west of the Caltrans SR 101 South On -Ramp Right of Way. The area is within the dewatered work zone isolated from the main channel by the bladder dam system. The RV Resort's team and City were contacted immediately and the city mobilized and started pumping and removing the material, and disposing of it at their wastewater facility. Pumping continued through today until the pipe was shut off and leak contained. City staff and key members of Pismo Creek RV's design and construction team met on -site this morning to assess the situation and proactively begin collaborating on next steps to resolve the issue. The groups have determined that the leak is from a 12 inch cast iron force main, installed around 70-years ago. We are fortunate to have discovered the leak within the isolated work area during the dewatering process, after all animal life that may have been in harm's way were removed from the vicinity during the species capture and relocation efforts. Effluent from the leak was contained within an approximately 30' long by 10' wide section formed by the bladder dam and sandbags, and no harmed or injured fish or other wildlife have been observed in the lagoon or upstream and downstream areas.

Between City staff and the RV Resort's team, the leak has been contained and this notice is to inform you of the ongoing activities occurring onsite. We understand the City of Pismo Beach will also be in communication with the Water Board and other agencies following their normal operating procedures associated with an emergency declaration.

Our teams are working together to protect the project area and surrounding aquatic habitat while additional information is obtained and a design to remedy the matter can be completed and implemented.

We will keep you apprised of any updates as they are available. Please feel free to reach me directly with your questions relative to this notice. Thank you.

Kevin B. Merk
Principal Biologist
Kevin Merk Associates, LLC
P.O. Box 318
San Luis Obispo, CA 93406
805-748-5837
kmerk(akevinmerkassociates.com
www.kevinmerkassociates.com

Cherri Armer
From:

John Fricks
Sent:

Wednesday, August 11, 2021 1:07 PM
To:

Cherri Armer
Subject:

FW: Pismo Creek R.V. Resort
Attachments:
2566045_1.pdf, ATT00001.htm
Cherri,
You probably heard about this and are dealing with it. I got a call from the City Attorney for Pismo Beach indicating that a sewer line broke (possibly by PCRV's contractor). I know the City Attorney and he gave me a courtesy call before sending the letter.

You should forward it to PCRV's contractor and indicate that PCRV will look into this. PCRV's engineers also should receive a copy. The engineers also should come out to look at the problem and to take pictures.

If the PCRV contractor caused the damage, he should have insurance coverage to cover the fix. If he claims that the sewer line was not disclosed, then others may be at fault and could share in the damages. I'm more concerned about the potential regulatory problems that this may cause, especially with the Coastal Commission. According to the City Attorney, there does not appear to have been a release of sewage into the Creek. Hopefully, that will ultimately prove to be true.

JWF
-----Original Message -----
From: David M. Fleishman
Sent: Wednesday, August 11, 2021 12:33 PM
To: John Fricks
Subject: Pismo Creek R.V. Resort
John,
As we discussed earlier, here is a letter regarding the incident at Pismo Creek R.V. Resort. I will keep you posted as I learn more information.

Dave Fleishman
Of Counsel

RICHARDS WATSON GERSHON
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401
Direct: 805.706.0962
Fax: 213.626.0078
Web: rwgiaw.com http://rwglaw.com >
This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies.

NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.

Steven West
From: Cherri Armer
Sent: Sunday, October 30, 2022 3:58 PM
To: Steven West
Subject: FW: RV Bank RE: Status?
Attachments: 2021-09-01 Daily Rpt.pdf
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From: Ron Reilly
Sent: Thursday, September 2, 20219:01 AM
To: John Fricks ; Cherri Armer
Cc: [email protected]
Subject: RE: RV Bank RE: Status?
John,
Boring for the new pipe is complete. City informs me that fusing and fitting of the new pipe to old cast-iron pipe on either side of the connection will be made on Friday 9/3 and Tuesday, 9/7. The work will then be complete.

See attached report. We have a report like this for every day of the work. Our observations have been tracked under a different billing code and are invoiced separately for easy tracking by the park.

I'll also note that it was discovered the existing pipe, which you noted was very shallow, is right under a pile of large:fip- rap (rocks) dumped into the creek by the across -the creek neighbor. He was later fined for that work and, I believe, asked to remediate some of it. It's quite plausible the neighbor caused this leak some years ago.

Best,
WIN
Ronald G. Reilly, PE, QSD
Gating, Taylor & Associates, Inc.
o. 805.489.1321
m. 805.458.5230
Want to Schedule a Meeting?: https.IlcalendIV.comlrreilIV-pta From: John Fricks
Sent: Wednesday, September 1, 202112:36 PM
To: Ron Reilly ; Cherri Armer
Cc: [email protected]
Subject: FW: RV Bank RE: Status?
Ron,

Can you give mean update on the City's activities? Have they started/completed the boring for the new pipe? If not, have they got the pipe onsite? Bladders removed by the City and sent back to Texas? The City Attorney has given us warning that they are reserving all rights to collect their construction costs from the Park and any of its responsible contractors for the damage to the pipe. I am hopeful that they will recognize soon that (i) the pipe was not 6 feet below the creek bed as the Park's engineer was informed (but only 2 feet) and (ii) the pipe had been leaking effluent for years based upon water analysis of that area of the creek. Thus, the pipe was already damaged and the City knew it. In fact, the Park's project assisted the City by allowing it to replace the pipe promptly without having to obtain all of the agency permits and sign -offs (incl. the Coastal Commission) under normal processing times, but instead through emergency permits that took a matter of days rather than years. The Park had to go through the full-blown process, of course.

I don't mind the Park being used to assist the City in cutting through some red tape. Of course, I will mind if the City wants to recoup some of their costs for the construction project. Please advise what is happening and what you are hearing.

JWF
From: [email protected]
Sent: Tuesday, August 24, 202110:19 AM
To: John Fricks ; Cherri Armer
Subject: RV Bank RE: Status?
Good morning John, I don't know if you've heard back from Chem or any of our Team, but the city is moving forward with the rental of the remaining bladders with Crye, and proceeding with their project in coordination with us.

I'm out of town right now for the next two weeks, I'm sure any updates could be secured directly from Garing & Taylor, Ron Riley. I'm sure the park can also keep you more up-to-date than I am able, let me know if something does come up that you need my input on. Thank you,
David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 385
Pismo Beach, California 93448-0385
Tel: 805.704.8728
Em: [email protected]
Website: www.watsonpiannino.us
-------- Original Message --------
Subject: Status?
From: John Fricks
Date: Mon, August 23, 2021 2:09 pm
To: Cherri Armer ,
"[email protected]"
Where are we on this? All bladders (but two) out? Work apace on the eastern side of the project with no access issues? Let me know. Thanks.

John W. Fricks
Ogden & Fricks LLP
656 Santa Rosa Street, Ste 213

San Luis Obispo, California 93401
Tel: (805) 544--5600
Fax: (805) 544-7700
www.oadenfricks.com

Steven West
From: Cherri Armer
Sent: Sunday, October 30, 2022 2:21 PM
To: Steven West
Subject: FW: Pismo Creek RV Bank stabilization Project Close Out B20-000137 ��e.��u� thrw the vh; elrna�ls_....Z thosac�h+this w��s o� svlrne, li�terest.

From: Cherri Armer
Sent: Wednesday, October 27, 20219:44 AM
To: [email protected]; Tony Coscia
Cc: Kevin Merk ; Ron Reilly ; Richard Pfost
; John Fricks ; Steven West
Subject: Re: Pismo Creek RV Bank stabilization Project Close Out B20-000137 Dave,
I will have a conversation with Steve and then contact our Attorney for additional direction.

Cherri Armer
Chair of the Board of Directors
Pismo Creek RV Resort
98 Dolliyer St
Pismo Beach, CA 93449
805-773-4434
661-809-5700
From: [email protected]
Sent: Wednesday, October 27, 20219:36:18 AM
To: Tony Coscia
Cc: Kevin Merk ; Ron Reilly ; Richard Host
; Cherri Armer ; John Fricks ;
Steven West
Subject: RE: Pismo Creek RV Bank stabilization Project Close Out B20-000137 Thanks Tony.
ee there are no conditions on the signed Bldg PemiN
Without reading every page of your plans, can I assume there is not a statement on your plans that suggests GTA, Crye or the Park provide
"...an agreement with the City for the offsite mitigation plantings at the Price Anniversary Park location after issuance of the building permit for the creek bank restoration and prior to final of the building permit. My understanding is that the offsite plantings will need to be installed prior to building permit final, with a 5-year mitigation monitoring requirement after plantinglbuilding permit final..." (M. Gruver Em to you 10-22-21) lit not, I don't see how the City may insist on this prior to final of yodr BP. herri, Steve, John - awaiting direction from the Park on whether you want me to follow-up with Megan Martin or not at his point.

I'm attaching a marked -up Plan to confirm where you want the path. Your acknowledgement of this location is requested.

Your comment "jhJowever, management has reviewed the plans and consistent with the Master Plan for Price Historic Park, it must be restored consistent with the initial plans that were submitted. The landscaping you have proposed that was just recently reviewed by Coastal Commission can remain the same" is confusing. Will the attached Plan mark-up and landscaping callouts be acceptable?
Please confirm that CCC staff have advised you that changes to the planting plan reviewed with you and CCC during our Zoom call on September 22nd can be approved by City staff. Will the attached Plan mark-up and landscaping callouts be acceptable? Please confirm our mutual understanding of what is acceptable to staff, or clarify where needed.

Thank you,
David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 385
Pismo Beach, California 93448-0385
Tel: 805.704.8728
Em: cl"V�«��,��iso,�pl�r�r�ii��u.LIS
Website: uc)
-------- Original Message --------
Subject: RE: Close out of Pismo Creek RV Bldg 98 S. Dolliver Permit # B20-000137
From: Megan Martin hacf�.,r�l>
Date: Wed, October 12, 2022 3:57 pm
o: " ,e6d,

Cc: Michael Gruver Ian Livingston

Hi Dave,
I spoke with Ryan (Coastal Commission) and you must complete the mitigation project (on -site and off -site mitigation) prior to the Building Permit final.

On another matter, it was just brought to my attention the trail that was previously on the plans has been removed. While staff did not provide feedback on this during our

last conversation, it was because we understood there to be an issuance with continued maintenance beyond the 5 year maintenance agreement as outlined in your client's plan. However, management has reviewed the plans and consistent with the Master Plan for Price Historic Park, it must be restored consistent with the initial plans that were submitted. The landscaping you have proposed that was just recently reviewed by Coastal Commission can remain the same. The City does not need to run this by Coastal a third time as the mitigation project will be fulfilled with the landscaping as proposed.

Should you have any questions, please do not hesitate to contact me.

Sincerely,
zgy p,'�\
�Njo
Martin
Planning Manager
Community Development Department
Office:.(805) 77 -46 8
Email: [email protected]
Website I Facebook I Twitter I YouTube
From: [email protected]
Sent: Monday, October 3, 2022 1:31 PM
To: Megan Martin ; Stephanie Wilson

Cc: Michael Gruver
Subject: RE: Close out of Pismo Creek RV Bldg 98 S. Dolliver Permit #1320-000137 external Email
Megan, any feedback at this point?
David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 385
Pismo Beach, Califomia 93448-0.385
Tel: 805.704.8728
Em: [email protected]
Website: www.watsonplannin g.us
-------- Original Message --------
Subject: RE: Close out of Pismo Creek RV Bldg 98 S. Dolliver Permit #B20-000137
From: Megan Martin

Date: Thu, September 29, 2022 9:06 am
To: "dave@watson lap nning.ua" , Stephanie Wilson

Cc: Michael Gruver
Hi Dave,
Thank you for reaching out regarding the building permit. I need to reach out to Ryan Maroney before Mike can schedule a site visit. I will be in touch later this afternoon.

Sincerely,
Megan Martin
Planning Manager
Community Development Department
Office:.(805) 773-4658
Email: mm rtin pismobeach.org
Website I Facebook I Twitter I YouTube
From: [email protected]
Sent: Wednesday, September 28, 2022 10:16 AM
To: Stephanie Wilson
Cc: Megan Martin ; Michael Gruver

Subject: Close out of Pismo Creek RV Bldg 98 S. Dolliver Permit #1320-000137
External Email
Stephanie:

I'm following up our discussion of September 2nd, and my various messages since then regarding the Park's request to finalize the BP for this project.

I'm speculating why I have not received any responses from you, based on your statement that someone would respond to me the week of September 5-9. 1 understand there are many differing features and tracks to this permit, but from my review of the BP there is no condition or requirement that either the financial responsibility for the wastewater line break -repair nor the off -site mitigation project be completed before this permit can be finalized.

I would appreciate the courtesy of a response from you and/or Planning to see what can be done to complete the final inspection/approval of this BR

Thank you,
David Watson, AICP

WATSON PLANNING CONSULTANTS
Post. Office Box_385
Pismo. Beach,. Cali o__mia _ 93448-0385
Tel: 805.704,8728
Em: dave _ watsonpianoing.uss
Website: www.watsonplanning.us
rw[utmurt nrw� r..iuu�
ron� rrimrarh uu
hjtr
- r r� `
— Schematic Landscape Plan by Pismo Creek RV Resort
Ihtte I SCfKal Ian _t. ` Ll

OGDEN & FRICKS LLP
656 Santa Rosa Street, Ste 2B
San Luis Obispo, California 93401
Phone: 805a544*5600 Fax: 805o544n7700
www.ogdenfricks.com
October 24, 2022
By Overnight Mail File No. 6935-01
Mr. James R. Lewis, City Manager
City of Pismo Beach
760 Mattie Road
Pismo Beach, California 93449
Re: Pismo Creek RV Park, Inc.

Dear Mr. Lewis:

This firm represents Pismo Creek R.V. Resort (PCRV), owner of the RV park located at 98 S. Dolliver Avenue (the "Park") in Pismo Beach.

On or about August 10, 2021, PCRV's contractors observed effluent exiting a break within the dams created by bladders installed within Pismo Creek to allow for PCRV's permitted creek bank restoration project. PCRV and its contractors immediately contacted City officials who decided to install a new sewer main across the Creek, and eschewed patching the leaking pipe. At the City's express request, PCRV's contractor, David Crye, extended his rental of the bladder units to allow the City to complete repairs -and- the City agreed to pay for the extended rental fees.

In October 2021, the City Attorney (David Fleishman) sent PCRV a letter claiming, without itemization or detail, that PCRV and/or its engineers and contractors would be liable for the City's cost in installing a new sewer main across the Creek. The City Attorney suggested that the total cost would exceed $400,000. In response, I spoke directly with Mr. Fleishman and informed him of the City's liability (and PCRV's non -liability) for those costs, as discussed below.

Since my communication with the City Attorney, PCRV has received no further requests for payment or other contact; however, PCRV also has been given the run-around by the City in closing out its creek project permit -- with the City imposing ever -changing, significant tree mitigation requirements that have varied in location, size, and current and future cost to PCRV.

The City also has ignored Mr. Crye's repeated requests to be reimbursed for the bladder rental extension costs that the City promised to repay. PCRV has learned that the cause of the City's delays seem to be caused by either your office or that of the City Attorney.

While PCRV makes it demands below, I first detail the preliminary information that PCRV has uncovered about the sewer main and its replacement:
l , The sewer main was between 70 and 80 years old;

Mr. James R. Lewis —2— October 24, 2022

2. The City informed PCRV and its engineers where the pipeline was located and that the depth of the main was 6 feet below creek bottom. PCRV worked to avoid the area along the bank where the City identified the sewer main location. The City's identification was off laterally by over 20 feet and the vertical depth of the pipe was only 2 feet under the creek bottom.

3. The older sewer main was already leaking before PCRV started construction on its project and, worse, City personnel knew of the leaks. PCRV has learned that City staff measured volume of the input into the pipeline as well as the output volume and noted that inputs exceeded output, which can only mean that the pipe was already leaking. The City also knew or should have known that the pipe was leaking into Pismo Creek as it had already received several different coliform tests showing the presence of effluent.

4. Onsite City engineering personnel initially informed PCRV that the sewer main would be patched and not replaced. Only after consultation with upper City staff was this onsite recommendation changed to the far more -costly replacement of the sewer main.

5. Due to the City's misinformation about the location and depth of the sewer main, PCRV and its contractors inadvertently may have caused a larger leak from the pipe. This allowed the City to declare an emergency to the Coastal Commission, obtain an emergency permit to replace the sewer main, and thereby avoid several hundred thousand dollars of professional fees, environmental impact reports and subsequent CEQA lawsuits, and several years in applying to the Coastal Commission (and a number of other governmental agencies) to replace the sewer main (which, due to its condition, should have been replaced years ago by the City). Pismo Creek, which had exuded a fetid smell, is now noticeably clearer and smells better.

All because the longstanding leaky sewer main has been replaced by a new sewer main that should serve the City for decades.

Settlement Demand
As stated above, PCRV was not the cause of any damage to the City; however, the City has caused and continues to cause damage to PCRV. PCRV has suffered the following losses:

No. hype Amount

1. Engineering fees to address leak $32,982.66

2. Loss of rental income
$3,837.23

3. Extended bladder rental fees (payable to Crye) $43,780.50 Totals:
$80,600.39
PCRV may be willing to waive Nos. 1 and 2 so long as the City does the following:

A. Pay Crye the sums promised (and any late fees and penalties);

O
Mr. James R. Lewis — 3 — October 24, 2022
B. Approve within thirty (30) days PCRV's mitigation requirements under the following parameters:
(i) No more than 100 trees required to be planted at a designated location within the r City,
4 (ii) PCRV maintain the trees for a period of six (6) months after installation and, thereafter, the trees to be maintained by the City or others; (iii) The City will not require any additional permits for the mitigation project; C. Upon completion of the mitigation project, the City would final PCRV's creek stabilization permit.

D. The parties exchange mutual general releases with Section 1542 waivers.

Please contact the undersigned no later than November 7, 2022 if the City wishes to resolve these circumstances cooperatively.

Very truly ours.

Jo W. Fricks
JWF/rh
cc: Client (by email only)

Steven Westv>>es�}�ts��,oc:r`<<f��"esa�i.cc}��i
SubjL--t: Fwd: [FWD: RE: Revised Concept Plan at Price Park RE:

Pismo Creek RV Off -site Mitigation]
Date: Oct 27, 2022 at 8:50:37 AM
To: Stephen George sc,cao-g.-3 a,;D,isMocreel<i'vi-esoi-t.cor For your review!
Steven West
Sent from my iPhone
Begin forwarded message:
�' S i`X'� . G� "a" i ' !'!'; r' �! i � 4 i :a i
Date: jL-:r�,��2� 26, 202.2 at ':4�:3u P-)M PDT
Cc %Dien-1 AnTier <��("I1�� ?�}nisi it{ifll r'�tt;i"L''� :�sC��"�.flO� i�� Jtn West I
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Subject:Re: FWD: RE: Revised Concept Plan � is
g lara at Price Park RE. Pismo
j ;reek RV Off -site Mitigation]
- a.i i <,s Dive. `<'es, pa"th of lest reS+stC,n{. lVw)LIid seeminglv e build path rn oUr rippmved site tha-` doesn'-c hreal, the bank �o build and rep ui�^a ami mo-intenc-Ince once constructed.

Kevin B. Nierk
Principal Biologist
Kevin Merk Associates, LLC
P.O. Box 318
San Luis Obispo, CA 93406
805-748-5.837

[email protected]
WM._K e yJ nmerkassociate5. c&
On tact 26, 2022, at 1:33 PM, dave watsonplanning.us wrote:

Cherri and All:

Below is my Em to CCC staff on Monday to explore the option of making an in -lieu payment to a local conservation group to satisfy your off -site mitigation requirement.

I received a phone call from Ryan today and he indicated this in -lieu option was his least desirable. We also discussed the fact that PB was "holding hostage" the on -site Building Permit final for whatever reason(s) they have. He did not support this approach by PB. Afterall, he said, it was a CCC permit, not PB's to enforce.

I told him I was only looking at options if PB did not pan out, and discussed at length the problems we have been having with city staff on this. He understands the frustration.

He suggested an alternate location would be his option #2 instead of PB. He also warned that the Resource Agencies should/would need to be consulted and agree to any alternate plan for the off -site mitigation.

For now, I told him I would follow-up after PB decides if they can agree on a final plan that the RV Park is willing to implement.

David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 385
Pismo Beach, California 93448-0385

Tel: 895.704.8728
Em: [email protected]
Website: www.watsonglanning.us
-------- Original Message --------
Subject: RE: Revised Concept Plan at Price Park RE: Pismo Creek RV Off -site Mitigation
From:

Date: Mon, October 24, 2022 2:37 pm
To: "Moroney, Ryan@Coastal"
Good Afternoon Ryan:

I'm writing to ask if it is possible to consider a fiscal contribution from the RV Park to a local restoration group, in -lieu of the Pismo Beach Park off -site mitigation previously identified.

Since our interaction in September we have been surprised and disappointed at the deterioration of my client's relationship with City staff. New "requirements" are being suggested/required including the construction of a pathway to facilitate public access consistent with the City's Master Plan, possible extended maintenance beyond the 5- year mitigation plan, lack of reimbursement for the wastewater line repair costs the Park directed our contractor to complete on the City's behalf, and unnecessary delays in finalizing the on -site building permit work weeks ago.

I am ever the optimist and am still trying to work out something with the City, but I wanted to raise the idea of contributing an in -kind amount to Salmon Enhancement or the Land Conservancy or even the CA Conservation Corps as a means to secure an alternate to the potential stalemate I see brewing.

Just exploring options, but any thoughts or advice would be appreciated. Thank you.

David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 38.5
Pismo Beach, California 93448-0385

Tel: 805.704.8728
Em: dave watsonplanning.us
Website: www.watsonplanning.Lis
-------- Original Message --------
Subject: RE: Revised Concept Plan at Price Park RE: Pismo Creek RV Off -site Mitigation
From: "Moroney, Ryan@Coastal"
Date: Thu, September 22, 2022 1:10 pm
To: "dave watsonplannina.us"
Cc: Megan Martin , "MacGregor, Sarah@Coastal"

Thanks Dave, and for the discussion just now. Please consider this email as executive director approval of the proposed changes to the off site restoration project pursuant to the HMMP. Good luck with the project —
Ryan Moroney
California Coastal Commission
Central Coast District Supervisor
From: dave@watsonplanningus
Sent: Tuesday, September 13, 2022 1:38 PM
To: Moroney, Ryan@Coastal
Cc: Megan Martin
Subject: RE: Revised Concept Plan at Price Park RE: Pismo Creek RV Off -site Mitigation
Hi Ryan:

Following up on your request for a comparison of the 2021 approved off -site restoration project for the Resort, I'm including the following Table and the attachments for your reference/review.
2021 2022
Feature Plan Plan
Grass & i 0.90 Grass seed entire site

Shrubs acres - omit shrubs 1.45
Trees

0.26 Trees (within grass 0.85
areas)
Non-native 0.18 Entire site 1.45
eradication
Picnic -Path 0.11 omitted
improves
Totals 1.45 Revised Total 1.45
acres acres
-t;).,N ►-e0sred
tiii%es the sai-"'ie 1111ugation
/ 1 a' r (( C' ? 1 r •{(( t I i� I i `_1 A ! �� N 1 �-y T �� 1 ` C i` i i 1 Jf•, �._� f:i r`�••_.._{� .!l11`} _�L �liliilil-;t„_ •.��v .�i^I`".f1•� :/ _ 1`:S..L�E�.i.a,.E1 C '-a t' i 3 } 1 _) V .( v r. 1 I [if
� ii( �`it i' � �; fit! ��; _�: IiP4�_ ;1� �i;�,'•lil(i, _i�f )'_':,�.af_ l j lt��l`�� 7t{!�� C1{ �'! .i�40 t l: f }- P t'r;f`' rF� C� I E_� > > �F's �P_.r l�` '_I l !1
- C 2,i I ��' cfltil 1 I1"1 .rGcIUC�. �.� I; ., ., I� i 1 ``11`� I� over are 0.85-acre s ib-yet +1fi thee to"ial t . + --acre rnitigati0ri area shown Iri flie Firrnci hernatic plan exhibit.
i'i{iiirC:i:li-(C! d li`i fiCiiil rujGt �Gf)l��( aCiCi-SSii.i till►r sia�LIStrrlents ii� nloi � i www.watsonpianning.us

-------- Original Message --------
Subject: RE: Revised Concept Plan at Price Parr. RE: Pismo Creek RV Off -site Mitigation
From: "Moroney, Ryan c Coastal"
Date: Wed, august 03, 2022 10:45 am
To: "[email protected]"
Thanks Dave. We are severely understaffed at the moment. If you could put together a chart/table that shows what we approved conceptually versus what the City approved (i.e. show me the key changes) that would be super helpful. Is that possible?
from: dave watsonplanning�.is
Sent: Wednesday, August 3, 2022 10:36 AM
To: Moroney, Ryan@Coastal
Subject: Revised Concept Plan at Price Park RE: Pismo Creek RV Off -site Mitigation
Good Morning Ryan:

Earlier this year we provided construction documents to the City for the off -site creek habitat restoration contemplated at Price Park, about 1 /2 mile inland of the RV Park project.

In February City staff advised that they had changed their minds on the details of the installation, and hence began a several months long back and forth on what they would support for the restoration project. Recently we submitted the attached updated Conceptual Plan with feedback from our Biologist and Landscape Architects on how to comply with the HMNIP requirements for the replacement restoration.

Yesterday I heard back from staff that they are in agreement with the revised Plan, and subject to CCC agreement with this approach, will go back to the City's Parks Commission for review/approval before revising the CDs and proceeding with the off -site restoration. I'm sharing the communications with staff for your reference.

Our timetable is to initiate this work with the rainy season (be optimistic for us on this :-) this Fall -Winter. To do this we would request your review and thoughts on the revised Plan.

If you concur, we'll proceed with staff and ready the work for later this year.

Please let me know if this raises any Qs I can address. Thank you, David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 385
Pismo Beach, California 93448-0385
Tel: 805.704.8728
Ern: dave watsonplannin .us
Website: www.watsonplanning.us
-------- Original Message --------
subject: RE: Revised Concept Plan at Price Park RE: Pismo Creek RV F � ci:, �mmartir @pismobeach.org =
T dav_e_a�wetson lag nning.us'
Cc: Eric Eldridge , Aileen Nygaard
, Matt Downing ,
Michael Gruver
Dave,
Please ensure the maintenance and monitoring over tfie next several years will remain the same per the previous restoration plan submitted; this will need to be updated to the reflect the changes... The changes will also need to be presented to the PRBC to ensure consistency with the Master Plan.

Please let us know the results of your conversations with the Coastal Commission and then we will schedule for PRBC.

Sincerely,

Megan Martin
Planning Manager
Community Development Department
Office: (805) 773-4658
Email: [email protected]
Website I Facebook I Twitter I YouTube
From: daveCa�watson ing_aa
Sent: Tuesday, July 2,65, 2022 9:09 AM
To: Megan Martin
Cc; Eric Eldridge ; Aileen Nygaard
; Matt Downing
; Michael Gruver

Subject: Revised Concept Plan at Price Park RE: Pismo Creek RV Off site Mitigation at Price Park
Megan:

Attached is an updated concept plan developed by our Biologist and Landscape Architect.

It abandons much of what was previously proposed in favor of groundcover/ hydroseeding and tree planting.

I would request staffs feedback on this (and if you concur with the changes an Em "accepting" the revisions) before approaching Coastal staff.

Please consider that as we are approaching the Fall and the planting window late this year, your earliest possible response would be appreciated.

Similarly, if this is not acceptable, we will begin evaluating alternate sites.

David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 385
Pismo Beach, California 93448-0385
Tel: 805.704.8728
Em: [email protected]
Website: www.watsonplanning , us
-------- Original Message --------
Subject: RE: Pismo Creek RV Off -site Mitigation at Price Park From: Megan Martin
Date: Tue, February 01, 2022 5:02 pm
To: 'daveLd)watsonplanning "
Cc: Eric Eldridge , Aileen Nygaard
, Matt Donning ,
Michael Gruver
Dave,
After speaking with Public Works regarding the proposed landscaping at the Price Historic Park, the schematic landscaping plans must be revised to exclude: sage brush, coyote brush, Sticky Monkey Flower, and blackberry from the planting palette. Additionally, any trees will be required to be planted at least 10 feet a part and shrubs every 5 feet.

Because of this change, we will require the revised version to be reviewed and approved by the Coastal Commission to ensure their satisfaction in complying with the condition of approval of the CDP. If supportive, the proposal will need to be reintroduced to the PRBC and possibly City Council for final approval.

As you make these changes, planning in coordination with the City Attorney is in the process of drafting a monitoring and maintenance agreement that will identify the minimum 5 years of maintenance as required by the CDP, while also prescribing an additional time period for maintenance, a

As mentioned in my previous email, if Coastal Commission does not approve of the revisions to the landscaping plan and palette, this area may no longer be a suitable site for the RV Park's off -site mitigation requirement and we will need to collaborate on identifying an alternative location that is more suitable for riparian habitat/ environment that was disturbed as a part of the bank stabilization project.

If you'd like to discuss further, please do not hesitate to contact me.

You are also welcome to contact Eric
Eldridge, ee [email protected]..

Sincerely,
Megan Martin
she/he rl hers
Planning Manager
Community Development, Cijw of Pismo Beach
Tel (805) 773-4658 1 vv vw gamobeach.uro
760 Mattie Rd I Pismo Beach I CA 193449
All permitting, and plan check correspondence shall be sent to permits nismobeach.org. Applications received in any other manner will be returned.

From: day wa onplanningus
Sent: Wednesday, January 26, 2022 9:56 AM
To: Megan Martin ; Michael Gruver

Subject: RE: Pismo Creek RV Off -site Mitigation at Price Park Megan, thanks for the reply.

I guess we'll wait to see what PWs wants to do concerning the Price Park improvements. You might remind them that the RV Park is obligated to maintain it for the first 5 years under their CDP and our agreement with your Parks Commission.

As far as the on -site work, I understood last fall that the RV Park was having trouble securing plant

materials for the work. I do believe some of that has been completed, but I will check into specifics and try to get an update from our Supervising Biologist.

Will anticipate nearing from you next week.

David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 385
Pismo Beach, California 93448-0385
Tel: 805.704.8 7 28
Em: dave watsonplannin g.us
Website: wwwmatsonplanning us
-------- Original Message --------
Subject: RE: Pismo Qs 'Jgation at Price Park
From: Megan Martin
Date: Tue, January 2 ,
To: " ve watson Ian nningus° , Michael Gruver

Dave,
First, Michael and I will be discussing this with Engineering next week (first availability, unfortunately). Public Works has indicated concern with long-term maintenance of this area especially as it relates to the transient use of the downhill creek area. I will keep you updated as to the outcome of those discussions.

Community Development, City of Pismo Beach
Tel: (805) 773-4658 1 ord,w asmobeach ore
760 Mettle Rd I Pismo Beach I CA 193449
All permitting, and plan check correspondence shall be sent to permitsC@ ismobeach.org. Applications received in any other manner will be returned.

From: [email protected]
Sent: Monday, January 24, 2022 2:13 PM
To: Megan Martin ; Michael Gruver

Subject: Pismo Creek RV Off -site Mitigation at Price Park Good Afternoon Megan and Mike:

The RV Park has asked that I follow-up with you concerning our restoration of the creek side areas in Price Park.

I'm attaching the plans provided to the Parks Commission last June. At this point we are prepared to generate the construction documents and submit them for your review.

I've been told by a couple owners at the Park that "the City is not particularly happy with the landscape design" as presented in these plans. I wanted to check and see if that is true; as I'd prefer to address any concerns before going to the expense of final CDs.

Please let me know if you'd anything similar. or we're good to go on these plans. Thank you, David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 385
Pismo Beach. California 93448-0385
Tel: 805.704.8728
Em: [email protected]
Website: www.watsonolanning.us

1-110M: C erri Armer cc- e,f,5)p S:! 30, '"eel:"`;!I"��SC�"�.COM�� Subject: Fwd: CCC Approval RE: Revised Concept Plan at Price Park RE: Pismo Creek RV Off -site Mitigation]
Date: Oct 27, 2022 at 8:35: 24 AM
c. Steven West SV��est �LpfscY}oar; I— !�resort.co� n
This correspondence from CCC is something as I review, we hang out hat on?
Sent from my Verizon, Samsung Galaxy smartphone
From: Kevin Merk
Sent: Thursday, September 22, 2022 2:25*48 PM
To: ; Steven West
Mark Bunch www.kevinmerkassociates.com
On Sep 22, 2022, at 1: 4 PM, eve c watsonplanning.us wrote:

Cherri Armer
From: a
John Fricks
Sent:

Thursday, August 19 20W 10:57 fix'
To:
[email protected]
Cc:

Cherri Armer
Subject:

FW: Progress at Pismo Creek RV on Bank Stabilization, Pismo Beach Wastewater Line Repair
Follow Up Flag: Follow up
Flag Status: Flagged
See below. They have authorized the expenditure of the additional rent for the two bladders and the transportation of same back to Texas. They are reserving their right to demand reimbursement and we have our arguments that we don't have to reimburse (or that Crye does not have to reimburse). He thinks that we may have an alternate route to get to the east side of the work area without the plate, but if that is not true, they are OK with us putting a plate over the bore hole.

He also told me that they are struggling mightily to find new pipe material.

JWF
-----Original Message -----
From: David M. Fleishman
Sent: Thursday, August 19, 2021 10:48 AM
To: John Fricks
Subject: Re: Progress at Pismo Creek RV on Bank Stabilization, Pismo Beach Wastewater Line Repair Just about to start an 11am. My PW director was on vacation —he just got back at tam, and I wanted to speak with him before any actions were taken at the site.

Short story —we're okay with removal of the bags other than the large and small one immediately adjacent to the renaLr area. The City is willing to pay for the continued rental and return transport of AA"'4E6'd remaining bags to ensure no interruption in the repair work, but we will reserve our rights to recoverthose coi the appropriate parties in the&. future should it become evident that the contractor's work caused the pipe break. sPPFe plate, I understand from one of my engineering staff that it was not necessary, and they decided against usingt te'plate.

Call me if you have any questions.

Dave Fleishman
Of Counsel

RICHARDS WATSON GERSHON
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401
Direct: 805.706.0962
Fax: 213.626.0078
Web: rwgiaw.com http://rwglaw.com >

This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies.

On Aug 19, 2021, at 10:04 AM, John Fricks mailto:[email protected] >> wrote:

How about 11a. I'm in back to back meetings.
-----Original Message -----
From: David M. Fleishman mailto:[email protected] >> Sent: Thursday, August 19, 20219:46 AM
To: John Fricks mailto:[email protected] >>
Subject: Re: Progress at Pismo Creek RV on Bank Stabilization, Pismo Beach Wastewater Line Repair Importance: High
I'm in a meeting —let me call you in about 20 minutes.

Dave Fleishman
Of Counsel

RICHARDS WATSON GERSHON
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401
T: 213.626.8484
D: 805.706.0962
F: 213.626.0078
W: rwglaw.com http://rwgiaw.com http://rwglaw.com/ >> This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies.

On Aug 19, 2021, at 9:18 AM, John Fricks
mailto:[email protected] > mailto:[email protected] >> wrote:

Dave,
We haven't heard from you on the below. Our contractor (David Crye) is mobilizing his people to come in tomorrow to remove bladders and transport them to Texas in time for the contract end. Pismo's Assistant City Engineer has requested that Crye leave two bladders in place for additional time to assist the City in its creek protection and new pipe boring. How can we get that done and the City's position known today? We need immediate response and suggest that the engineers onsite (including the City's Assistant Engineer) work this out with the City to pay for the additional bladder time and future transport cost.

Please advise.

John W. Fricks
Ogden & Fricks LLP
656 Santa Rosa Street, Ste 2 B
San Luis Obispo, California 93401

Tel: (805) 544-5 600
Fax: (805) 544-7700
www.ogdenfricks.com http://www.ogdenfricks.com/ > http://www.ogdenfricks.com/ > From: John Fricks
Sent: Tuesday, August 17, 20218:37 PM
To: David M. Fleishman
mailto:[email protected] > mailto:[email protected] >> Subject: FW: Progress at Pismo Creek RV on Bank Stabilization, Pismo Beach Wastewater Line Repair Importance: High
Dave, See email below along with the highlighted language. Please confirm that the Pismo Creek contractor can plate the potential bore hole to begin work on the eastern side of the "gap" (as defined below) -and- identify the City's position on removal of the water bladders.

JWF
From: Ron Reilly mailto:[email protected] > mailto:[email protected] >> Sent: Tuesday, August 17, 20218:03 PM
To: Cherri Armer
mailto:[email protected] > mailto:[email protected] Cc: [email protected] mailto:[email protected] > mailto:[email protected] >; John Fricks mailto:[email protected] > mailto:[email protected] >> Subject: Progress at Pismo Creek RV on Bank Stabilization, Pismo Beach Wastewater Line Repair Importance: High
Dear Cherri,
Following up our meetings and site inspections on the project, I wanted to share some key timeline concerns regarding park creek bank construction progress and the status of the City's wastewater repair efforts.

Our contractor, David Crye General Engineering Contractor, Inc. (Crye), is quickly approaching the segment of the creek bank where City's force main enters the bank and crosses the creek. Crye has been rebuilding the creek bank slopes with a combination of rock rip -rap, geofabric and backfill soils from the westerly reach of your creek bank, towards the east (from near Dolliver St bridge towards the Highway 101 abutment). We expect Crye will finish their rock/fabric/soil installations adjoining the most easterly bladder installed directly in front of the City's current excavation for the wastewater line (near Cabin 51) by the end of the day on 8/18, or 8/19 at the latest.

Upon reaching this last, most easterly bladder, Crye will mobilize to the far easterly end of the creek bank, adjacent to the Caltrans Highway 101 right-of-way, and begin working westerly back towards City's construction efforts near Cabin

51. Crye will be leaving a 20-30 foot gap of unfinished creek bank reconstruction on either side of City's current excavation and work site. (We'll refer to this 40-60 feet of unfinished creek bank work as "the gap" for the time being.) This will allow City additional time required to determine how to address the leaking force main, while ensuring creek bank stabilization efforts within "the gap" avoid any interference with City's corrective actions in the near term.

With the critical path / schedule laid out above, please advise the City of Pismo Beach that Crye intends to install a traffic -rated plate over the recent excavation / bore pit near Cabins 53-54, so that equipment may move safely and efficiently around the cabins to the creek bank adjacent to Caltrans right-of-way, where work will resume for the next several days.

Crye believes they will be finished with their work along the bank by this weekend (except for the gap), and that their next task would be to remove the bladders.

This brings me to the second critical point of this email, which is to suggest you raise the question to the City as to whether they would want the bladders adjoining "the gap" to remain, while they finish work on their wastewater line.

Please be advised that Pismo Creek RV is renting these bladders at a cost of $20,000 per week, and that they must be removed and transported to Texas no later than September 1 to avoid additional cost. Any delays in removing the bladders will result in a $20,000 per week cost. Pismo Creek RV may be able to delay the bladder removal by a few days, but they will need to be removed by 8/24 or 8/25 at the latest. If the City wants any of the bladders to remain in place past 8/25, the City will have to assume this weekly rental cost.

Lastly, it would be helpful to understand the City's plan for repair/replacement as soon as possible, so that we can be sure that completion of our work (including work in "the gap") does not interfere with the City's plans.

Please contact me to discuss any questions this may bring to mind.

Most Respectfully,
Ronald G. Reilly, PE, QSD I CEO / President Garing, Taylor & Associates, Inc. 1 141 South Elm Street, Arroyo Grande, CA 93420 o. 805.489.1321 1 m. 805.458.5230 1
www.garingtaylor.com http://www.garingtaylor.com/ > http://www.garingtaylor.com/ >

Trustworthy. Helpful. Involved. Remarkable.

Want to Schedule a Meeting?: https://calendly.com/rreilly-gta Click here https://www.mailcontrol.com/sr/MZbgvYs5QwJvpeaetUwhCQ== > to report this email as spam.

Cherri Armer
From: [email protected]
Sent: Thursday, September 22, 2022 1:53 PM
To: Cherri Armer; Steven West; Mark Bunch; Kevin Merk
Subject: CCC Approval [FWD: RE: Revised Concept Plan at Price Park RE: Pismo Creek RV Off -site Mitigation]
Steve and All:

Just got off the phone with Coastal and City staff, and CCC is OK with the changes proposed to the off -site mitigation plan. CCC said they would provide an Ern to this effect, and I'll forward that when it is received.

On the City side, the Planners are going to take the CCC approval to staff to determine if a staff -level approval is appropriate, or if a City Council review/approval is needed. My guess is likely a City Council review, which puts us off 30 days or so from getting their OK.

For now, we need to decide if you want to wait on having Firma develop a construction plan that can be approved by staff AFTER City Council review (or before). Before obviously risks being inconsistent with any changes that may occur at Council.

My suggestion is we wait until staff tells us how this will be processed and then decide when to start CDs.

Please call with any Qs, thanks.

David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 385
Pismo Beach, California 93448-0385
Tel: 805.704.8728
Em: [email protected]
Website: www.watsonplanning.us
-------- Original Message --------
Subject: RE: Revised Concept Plan at Price Park RE: Pismo Creek RV Off -site Mitigation
From: "Moroney, Ryan@Coastal"
Date: Wed, September 14, 2022 11:19 am
To: "[email protected]"
Cc: Megan Martin , "MacGregor, Sarah@Coastal"

Thanks Dave this is really helpful. Can we hop on the phone to just have a quick chat? Would be great if Meagan you can join also. I'm generally available next week Mon from around 10-2 then Tues and Wed 10-4. Should only take 10 or 15 minutes. Thanks, R

From: [email protected]
Sent: Tuesday, September 13, 2022 1:38 PM
To: Moroney, Ryan@Coastal
Cc: Megan Martin
Subject: RE: Revised Concept Plan at Price Park RE: Pismo Creek RV Off -site Mitigation
Hi Ryan:

Following up on your request for a comparison of the 2021 approved off -site restoration project for the Resort, I'm including the following Table and the attachments for your reference/review.
2021
2022
Feature
11 Plan
i Plan
A90
!Grass seed entire site
Grass &Shrubs
acres
`- omit shrubs

1.45 ;Trees (within grass
'Trees

0.26 areas)

0.85 l Non-native
`—

1.45 i
(eradication
; 0.18
i Entire site
i
I
1 Picnic -Path

0.11 ', omitted
i m proves

1.45 E 1.45
iTotals ►Revised Total i Basically, the revised Ian utilizes the f acres , acres I Y� p
--------,same mitigation required area (1.45
acres of restoration) but eliminates the shrubs and substitutes a higher number of trees. We would conduct non-native eradication over the entire 1.45-acre area, seed the entire 1.45 acres, and introduce 100 trees per the HMMP over an 0.85-acre sub -set of the total 1.45-acre mitigation area shown in the Firma schematic plan exhibit.

I'm attaching a letter from our Project Biologist addressing their adjustments in more detail, as well as the HMMP plan that formed the original 2021 proposed plan CCC approved.

Hopefully these are the materials you needed to consider these changes in keeping with the HMMP requirements.

I'm copying in the City and my prime contact in Planning. Please review these and let us both know if this meets the intent of your CCC permit.

Thank you.

David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 385
Pismo Beach, California 93448-0385

Tel: 805.704.8728
Em: dave(awatson_planning.us
Website: www.watsonplanning.us
-------- Original Message --------
Subject: RE: Revised Concept Plan at Price Park RE: Pismo Creek RV Off -site Mitigation
From: "Moroney, Ryan@Coastal"
Date: Wed, August 03, 2022 10:45 am
To: "dave(abwatsonplanning.Lis"
Thanks Dave. We are severely understaffed at the moment. If you could put together a chart/table that shows what we approved conceptually versus what the City approved (i.e. show me the key changes) that would be super helpful. Is that possible?
From: [email protected]
Sent: Wednesday, August 3, 2022 10:36 AM
To: Moroney, Ryan@Coastal
Subject: Revised Concept Plan at Price Park RE: Pismo Creek RV Off -site Mitigation
Good Morning Ryan:

Earlier this year we provided construction documents to the City for the off -site creek habitat restoration contemplated at Price Park, about 1/2 mile inland of the RV Park project.

Yesterday I heard back from staff that they are in agreement with the revised Plan, and subject to CCC agreement with this approach, will go back to the City's Parks Commission for review/approval before revising the CDs and proceeding with the off - site restoration. I'm sharing the communications with staff for your reference.

Our timetable is to initiate this work with the rainy season (be optimistic for us on this :-) this Fall -Winter. To do this we would request your review and thoughts on the revised Plan.

If you concur, we'll proceed with staff and ready the work for later this year.

Please let me know if this raises any Qs I can address. Thank you,

David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 385
Pismo Beach, California 93448-0385
Tel: 805.704.8728
Em: dave(a)_watsonplanning.us
Website: www.watsonplanning.us
-------- Original Message --------
Subject: RE: Revised Concept Plan at Price Park RE: Pismo Creek RV Off -site Mitigation at Price Park
From: Megan Martin
Date: Tue, August 02, 2022 11:47 am
To: "dave(a3)watsonplanning.us"
Cc: Eric Eldridge , Aileen Nygaard
, Matt Downing ,
Michael Gruver
Dave,
Our team reviewed the revised plan and are OK with the changes.

Please ensure the maintenance and monitoring over the next several years will remain the same per the previous restoration plan submitted; this will need to be updated to the reflect the changes...

The changes will also need to be presented to the PRBC to ensure consistency with the Master Plan.

Please let us know the results of your conversations with the Coastal Commission and then we will schedule for PRBC.

Sincerely,
Megan Martin
Planning Manager
Community Development Department
Office: (805) 773-4658
Email: [email protected]
Website I Facebook I Twitter I YouTube
From: [email protected]
Sent: Tuesday, July 26, 2022 9:09 AM
To: Megan Martin
Cc: Eric Eldridge ; Aileen Nygaard
; Matt Downing
; Michael Gruver

4 Subject: Revised Concept Plan at Price Park RE: Pismo Creek RV Off -site Mitigation at Price Park
External Email
Megan:

Attached is an updated concept plan developed by our Biologist and Landscape Architect.

It abandons much of what was previously proposed in favor of groundcover/hydroseeding and tree planting.

I would request staffs feedback on this (and if you concur with the changes an Em "accepting" the revisions) before approaching Coastal staff.

Please consider that as we are approaching the Fall and the planting window late this year, your earliest possible response would be appreciated.

Similarly, if this is not acceptable, we will begin evaluating alternate sites David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 385
Pismo Beach, California 93448-0385
Tel: 805.704.8728
Em: dave(a)watsonplanning.us
Website: www.watsonplanning.us
-------- Original Message --------
Subject: RE: Pismo Creek RV Off -site Mitigation at Price Park From: Megan Martin
Date: Tue, February 01, 2022 5:02 pm
To: "dave(dwatsonolannino.us"
Cc: Eric Eldridge , Aileen Nygaard
, Matt Downing
,
Michael Gruver
Dave,
After speaking with Public Works regarding the proposed landscaping at the Price Historic Park, the schematic
landscaping plans must be revised to exclude: sage brush, coyote brush, Sticky Monkey Flower, and blackberry from the planting palette. Additionally, any trees will be required to be planted at least 10 feet a part and shrubs every 5 feet.

Because of this change, we will require the revised version to be reviewed and approved by the Coastal Commission to
ensure their satisfaction in complying with the condition of 5 approval of the CDP. If supportive, the proposal will need to be reintroduced to the PRBC and possibly City Council for final approval.

As mentioned in my previous email, if Coastal Commission does not approve of the revisions to the landscaping plan and palette, this area may no longer be a suitable site for the RV Park's off -site mitigation requirement and we will need to collaborate on identifying an alternative location that is more suitable for riparian habitat/environment that was disturbed as a part of the bank stabilization project.

If you'd like to discuss further, please do not hesitate to contact me. You are also welcome to contact Eric Eldridge, eeldridge(d)Nsmobeach.org.

Sincerely,
btypR.

Megan Martin
r
Planning Manager
Community Development, City of Pismo Beach
Tel: (805) 773-4658 1 www.oismobeach.oro
760 Mattie Rd I Pismo Beach I CA 193449
All permitting, and plan check correspondence shall be
sent to [email protected]. Applications
received in any other manner will be returned.

From: [email protected]

Sent: Wednesday, January 26, 2022 9:56 AM
To: Megan Martin ; Michael
Gruver
Subject: RE: Pismo Creek RV Off -site Mitigation at Price Park
External Email
Megan, thanks for the reply.

I guess we'll wait to see what PWs wants to do concerning the Price Park improvements. You might remind them that the RV Park is obligated to maintain it 9 for the first 5 years under their CDP and our agreement with your Parks Commission.

As far as the on -site work, I understood last fall that the RV Park was having trouble securing plant materials for the work. I do believe some of that has been completed, but I will check into specifics and try to get an update from our Supervising Biologist.

Will anticipate hearing from you next week.

David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 385
Pismo Beach, California 93448-0385
Tel: 805.704.8728
Em: dave(a)watsonplannino.us
Website: www.watsonplannino.us
-------- Original Message --------
Subject: RE: Pismo Creek RV Off -site Mitigation at Price Park From: Megan Martin
Date: Tue, January 25, 2022 7:28 pm
To: "dave(alwatsonplanning.us" ,
Michael Gruver

Dave,
First, Michael and I will be discussing this with
Engineering next week (first availability,
unfortunately). Public Works has indicated concern
with long-term maintenance of this area especially as
it relates to the transient use of the downhill creek
area. I will keep you updated as to the outcome of
those discussions.

Secondly, after speaking with Mike, it is not clear
whether the on -site mitigation has been fulfilled. The last conversation Mike had was with, I believe, a
contractor. Mike indicated the on -site mitigation
needed to occur sooner rather than later. Do you
have an update on this?
Sincerely,
0Megan
Martin
C"Y
shelherthers
Planning Manager
Community Development, City of Pismo Beach
Tel: (805) 773-4658 1 wvvw.pismobeach.org
_ {
760 Nriattie Rd I Pismo Beach I CA 193449
7 All permitting, and plan check correspondence
shall be sent to
Applications received in any other manner will
be returned.

From: dave0watsonplanning.us

Sent: Monday, January 24, 2022 2:13 PM
To: Megan Martin ;
Michael Gruver
Subject: Pismo Creek RV Off -site Mitigation at Price
Park
Good Afternoon Megan and Mike
The RV Park has asked that I follow-up with you concerning our restoration of the creek side areas in Price Park.

I'm attaching the plans provided to the Parks Commission last June. At this point we are prepared to generate the construction documents and submit them for your review.

I've been told by a couple owners at the Park that "the City is not particularly happy with the landscape design" as presented in these plans. I wanted to check and see if that is true, as I'd prefer to address any concerns before going to the expense of final CDs.

Please let me know if you'd anything similar, or we're good to go on these plans. Thank you,
David Watson, AICP

WATSON PLANNING CONSULTANTS
Post Office Box 385
Pismo Beach, California 93448-0385
Tel: 805.704.8728
Em: dave(a)watsonplanning.us
Website: www.watsonolanning.us

Pismo Beach City CouncilNovember 1, 2022

Pismo Beach City Council
November 1, 2022