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Agenda packet

Pismo Beach City Council
March 21, 2023

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Agenda packet
Meeting
March 21, 2023
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Pismo Beach City Council
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7
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AGENDA
Pismo Beach City Council
Tuesday, March 21, 2023
Time Meeting Type Physical Location Virtual Participation Option 5:00 p.m. Closed Session 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:

These meetings are being conducted in a hybrid format with both in-person and virtual public participation. Ways to watch these meetings 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 Council 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 3-21-2023

Pismo Beach City Council Agenda March 21, 2023

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Special Closed Session—5:00 p.m.

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: Guthrie, Inman, Newton

2. PUBLIC COMMENT PERIOD – Council Chamber
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 Real Property Negotiators (Government Code §54956.8) Property: APN: 005-076-027, 350 Pismo Ave., Pismo Beach Agency Negotiator: James R. Lewis
Negotiating Parties: Joseph Wolosz
Under Negotiation: Price and Terms of Payment

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, March 21, 2023 Council Chamber, City Hall

Council Agenda 3-21-2023

Pismo Beach City Council Agenda March 21, 2023

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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: Guthrie, Inman, Newton

2. PLEDGE OF ALLEGIANCE

3. ACCEPTANCE OF AGENDA

4. PRESENTATIONS

Item 4.A: Presentation: Introduction of New Employees
• Lindsay Christiansen, Administrative Secretary (Downing) • John Lowry, Code Enforcement Officer (Downing)
• Jack Armstrong, Wastewater Operator I (Fine)
• Sean Campbell, Wastewater Operator I (Fine)
• Jacob Smith, Wastewater Operator II (Fine)

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

Council Agenda 3-21-2023

Pismo Beach City Council Agenda March 21, 2023

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8. COUNCIL COMMITTEE REPORTS

1. Air Pollution Control District, SLO County (Newton/Reiss)

2. California Joint Powers Insurance Authority (Reiss)

3. CAPSLO (Reiss)

4. Central Coast Blue Regional Recycled Water Authority (Waage)

5. Central Coast Community Energy Policy Board (Mayor)

6. Chapman Estate Foundation (Liaison) (Reiss)

7. Coastal Cities Group, League of CA Cities (Waage)

8. Conference and Visitors Bureau / LBID Board (Liaison) (Inman)

9. Friends of Price House Liaison (Waage)

10. Hazard Mitigation & Fire Safety (Inman/Waage)

11. Homeless Services Oversight Council (Guthrie/Reiss)

12. Integrated Waste Management Authority (Newton/Inman)

13. Mobile Home Rent Stabilization Subcommittee (Inman/Reiss)

14. REACH (Newton)

15. Regional Transit Authority, SLO (Waage/Reiss)

16. Shell Beach Improvement Group Liaison (Inman)

17. SLOCOG (Waage/Reiss)

18. South County Chambers Gov’t Affairs (Guthrie/Inman)

19. Visit SLO CAL Advisory Committee (Inman)

20. Water Resources Advisory Committee, SLO (Guthrie/Inman)

21. Zone 3 Water Advisory Committee, SLO (Guthrie/Inman) (Govt Code Section 53232.3)

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

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

Recommendation:

Adopt Minutes of the March 7, 2023 Closed and Regular Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for February 26, 2023;

2. Approve the Register of Demands for February 10, 2023, February 17, 2023 and February 24, 2023.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for December 2022 of FY 2022-2023 (Feeser)

Recommendation:

No action required; information only.

Item 9.D: Quarterly Investment Report for the Three Months of October Through December 2022—the Second Quarter of FY 2023 (Feeser)

Recommendation:

No action required; information only.

Item 9.E: Department Activity Reports for February 2023 (All)

Recommendation:

Receive reports as information only.

Council Agenda 3-21-2023

Pismo Beach City Council Agenda March 21, 2023

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Item 9.F: 2022 General Plan Annual Progress Report (Downing)

Recommendation:

1. Review and accept the 2022 General Plan Annual Progress Report;

2. Direct staff to forward the report to the Governor’s Office of Planning and Research and the Department of Housing and Community Development.

Item 9.G: Contract Amendment #1 with Brenntag Pacific for Supply of Sodium Bisulfite (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Brenntag Pacific, Inc., to supply sodium bisulfite in the additional amount not to exceed $19,100 in Fiscal Year 2023.

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: Declaration of Non-Responsible Bidder: V. Lopez Jr. & Sons, Inc. (Fine)

Recommendation:

Adopt a Resolution declaring V. Lopez Jr. & Sons, Inc. a non-responsible bidder thereby disqualifying them from performing future work for the City of Pismo Beach for a period of five years.

Item 12.B: Water Supply Update; Declaration of “Normal Water Supply Condition” (Fine)

Recommendation:

1. Receive an update on the City’s water supply;

2. Adopt a Resolution declaring a “Normal Water Supply Condition” and Rescinding Resolutions R-2022-043, R-2022-004 and R-2021-049.

Item 12.C: Friends of the Price House License Agreement for Price Historical Park (Jackson)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a license agreement with the Friends of the Price House for operation of Price Historical Park through March 2027.

Council Agenda 3-21-2023

Pismo Beach City Council Agenda March 21, 2023

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Item 12.D: AB 2449 Legislative Meeting Teleconference Policy and Procedure (Inderlied)

Recommendation:

Adopt a Resolution establishing policies and procedures for compliance with Assembly Bill 2449 relating to teleconference participation in legislative meetings.

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
Special Meeting 12:00 p.m. Wednesday, March 29, 2023 Council Chamber, City Hall Closed Session 12:00 p.m. Thursday, March 30, 2023 City Hall Regular Meeting 5:30 p.m. Tuesday, April 4, 2023 Council Chamber, City Hall Regular Council meetings will adjourn by 11:00 p.m. unless four-fifths of the Council votes to continue past that time. If the meeting is adjourned at 11:00 p.m., any remaining agenda items will be continued to the next regular meeting (R-97-04).

AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the March 21, 2023 meeting(s) of the Pismo Beach City Council was posted on March 16, 2023, 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.

Council Agenda 3-21-2023

Pismo Beach City Council Agenda March 21, 2023

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Notice Regarding Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need agenda documents provided in an alternative format, please contact the City Clerk’s Office at 773-7003 as soon as possible prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-

35.104 ADA Title II).

Council Agenda 3-21-2023

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

ADOPTION OF MEETING MINUTES
RECOMMENDATION:

Adopt Minutes of the March 7, 2023 Closed and Regular Meeting.

BACKGROUND:

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

FISCAL IMPACT:

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

ALTERNATIVES:

1. Adopt the minutes with revisions.

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

ATTACHMENTS:

1.Draft Minutes for March 7, 2023
Submitted by: Erica Inderlied, City Clerk Meeting Date: March 21, 2023 City Manager Approval:

9.A-1Council Agenda 3-21-2023
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DRAFT MINUTES
Pismo Beach City Council
Tuesday, March 7, 2023

Special Closed Session—4:30 p.m.

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

The City Council of the City of Pismo Beach met this date in a special closed session with Mayor Waage presiding.

CALL TO ORDER: Mayor Waage called the meeting to order at 4:30 p.m.

1. ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton

Staff Present:

Matt Downing, Community Development Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Erica Inderlied, City Clerk
James R. Lewis, City Manager

2. PUBLIC COMMENT PERIOD

Call for public comment:

The following commented on Item 3.A:

Tony Hyman
Marilee Hyman
Barry Ehrlich
Jean Jones

3. ANNOUNCEMENT OF CLOSED SESSION ITEMS

City Attorney Fleishman announced the Closed Session items listed below.

9.A-2Council Agenda 3-21-2023
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Item 3.A: Conference with Real Property Negotiators (Government Code §54956.8) Agency Negotiator: James R. Lewis
Under Negotiation: Price and Terms of Payment

Properties: Negotiating Parties:

APN: 010-521-012, 0 Terrace Ave., Pismo Beach Aileen Combs APN: 010-221-049, 2054 Ocean Blvd., Pismo Beach Herbert Hindler Trust APN: 010-231-023, 302 Vista Del Mar Ave., Pismo Beach Timothy H. Jones Trust

Item 3.B: Conference with Real Property Negotiators (Government Code §54956.8) Property: APN: 005-076-027, 350 Pismo Ave., Pismo Beach Agency Negotiator: James R. Lewis
Negotiating Parties: Joseph Wolosz
Under Negotiation: Price and Terms of Payment

Item 3.C: 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

City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above items.

5. ADJOURNMENT
At 5:33 p.m., to the 5:30 p.m. Regular Meeting.

9.A-3Council Agenda 3-21-2023
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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 Marcia Guthrie
Council Member Stacy Inman
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
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Jeff Smith, Chief of Police
Other staff present as noted below

2. PLEDGE OF ALLEGIANCE

Mayor Waage led the Pledge of Allegiance.

3. ACCEPTANCE OF AGENDA

No requests to reorder the agenda.

4. PRESENTATIONS

None.

5. PUBLIC COMMENT PERIOD

Call for public comment: No comment.

9.A-4Council Agenda 3-21-2023
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6. CITY MANAGER’S REPORT

City Manager Lewis commented on various topics.

7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT

City Attorney Fleishman reported that the Council had taken no reportable action during its 4:30 p.m. Closed Session.

8. COUNCIL COMMITTEE REPORTS

The Council reported on recent and upcoming meetings of various external bodies:

Council Member Newton:

REACH SLO Advisory Commission
San Luis Obispo County Integrated Waste Management Authority (IWMA) Board.

9. CONSENT CALENDAR

Call for public comment: No comment.

Action: Adopt Consent Calendar.

Motion: Guthrie
Second: Newton

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

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

Absent: 0
Abstain: 0
Recused: 0

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

Recommendation:

Adopt Minutes of the February 21, 2023 Closed, Regular, and Adjourned Special Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for February 12, 2023;

2. Approve the Register of Demands for January 27, 2023 and February 3, 2023.

9.A-5Council Agenda 3-21-2023
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Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for November 2022 of FY 2022-2023 (Feeser)

Recommendation:

No action recommended; for information only.

Item 9.D: Annual Military Equipment Report Per California Assembly Bill 481 (Smith)

Recommendation:

Receive Staff’s Annual Military Equipment Report. No action recommended.

Item 9.E: Designation of Applicant’s Agent for Disaster Cost Recovery Assistance
(Fine)

Recommendation:

Adopt a Resolution identifying the authorized agents for the City’s application(s) for state and federal disaster cost recovery assistance.

Legislative Record: Resolution R-2023-016 adopted.

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 recommended; for information only.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager

Call for public comment: No comment.

Action: No action.

9.A-6Council Agenda 3-21-2023
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11. PUBLIC HEARINGS

Item 11.A: Declaration of Non-Responsible Bidder: V. Lopez Jr. & Sons, Inc. (Fine)

Recommendation:

Adopt a Resolution declaring V. Lopez Jr. & Sons, Inc. a non-responsible bidder thereby disqualifying them from performing future work for the City of Pismo Beach for a period of five years.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager

Public Hearing / Call for public comment:

Mayor Waage opened the Public Hearing.

John Darling, attorney for V. Lopez Jr. & Sons, offered a presentation.

Call for public comment: No comment.

John Darling offered a presentation.

Vince Lopez commented.

Mayor Waage closed the Public Hearing.

Action: Continue deliberation on this item to the March 21, 2023 City Council Meeting.

Motion: Reiss
Second: Newton

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

9.A-7Council Agenda 3-21-2023
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12. BUSINESS ITEMS

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

This item was reordered.

13. CITY COUNCIL COMMENTS AND REQUESTS

No requests.

14. ADJOURNMENT

At 7:01 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

9.A-8Council Agenda 3-21-2023
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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 February 26, 2023.

2. Approve the Register of Demands for February 10, 2023, February 17, 2023, and February 24, 2023.

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: March 21, 2023
Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

Council Agenda 3-21-2023 9.B-1
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FOR PERIOD ENDING 02/26/23
CHECKS DATED 03/03/23
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 556945‐556948 4
ACH 120

EARNINGS
REGULAR 365,723.31
HOLIDAY 5,035.34
OVERTIME (Includes Comp Time Payouts)18,207.39
Administration
Building
Conference & Visitors Bureau
Police Department 13,304.98
Parking
Engineering
Fire
Recreation
Public Works 60.52
Water 2,096.35
Wastewater 2,745.54
Motor Vehicles
Subtotal‐Overtime 18,207.39$
SALARY ADJUSTMENTS 91.52
TRAINING / UNIFORM ALLOWANCE ‐
OTHER EARNINGS 17,902.32
$406,959.88
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 37,732.94
FICA & MEDICARE 30,481.69
STATE INCOME TAX 13,376.10
STATE DISABILITY INSURANCE 3,436.99
GARNISHMENTS 461.53
HEALTH 2,110.95
SUPPLEMENTAL DISABILITY 1,547.06
SECTION 125 2,825.32
PERS 32,853.45
DEFERRED COMPENSATION 10,756.27
ADDITIONAL LIFE INSURANCE 286.42
UNION DUES 2,422.78
PISMO ATHLETIC CLUB 195.00
OTHER
NET PAYROLL $268,473.38
DIRECT DEPOSIT DEDUCTION 265,473.61
NET PAYROLL AFTER ACH DEPOSIT 2,999.77
SUMMARY PAYROLL REGISTER
Council Agenda 3-21-2023 9.B-2
Attachment 1
Packet Page 10

City of Pismo Beach
Final Disbursement List Check Date 02/10/2023

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 11224 Richards, Watson, Gershon Attorneys At Law 02/10/2023 45,554.32$ Legal Fees - Dec 2022 ACH 12944 Leaf 02/10/2023 91.06 Monthly Copier Lease Feb 2023 124946 10434 Abalone Coast Analytical Inc 02/10/2023 120.00 Water Analysis 1/30/23 124947 12275 Airgas West Inc 02/10/2023 204.26 Cylinder Rentals - Jan 2023 124948 12433 Alpha Electrical Service Inc 02/10/2023 3,830.14 Electrical Repairs - Vista Del Mar Lift Station & WWTP Outfall Pump 124949 14123 Amazon Business 02/10/2023 108.24 Office supplies 124950 11382 Applied Technology Group, Inc. 02/10/2023 902.19 Bello - Inverter Replacement 124951 14503 ARTCOLAB LLC 02/10/2023 1,500.00 Illustrations for Collateral Coloring Book 124952 11589 Austin's Wet Pets and Pond Maintenance, Inc 02/10/2023 140.00 Pond Maintenance Jan 2023 - Chapman Estate 124953 UB*00968 LOIS M. BARBER 02/10/2023 169.34 Refund Check 010993-000, 728 OCEAN BLVD 124954 14448 David Blanchard 02/10/2023 123.00 ME&I: Background Employment Investigation 2/7 - 2/8/23 124955 10818 Bosch Landscape 02/10/2023 1,700.00 Price House Mowing Services 124956 11392 Brenntag Pacific Inc. 02/10/2023 3,630.59 Sodium Bisulfite 124957 14038 Bureau Veritas North America, Inc. 02/10/2023 7,000.00 Certified Building Official Support Oct 2022 124958 10110 California Law Enforcement Association of Record 02/10/2023 75.00 CLEARS 2023 Membership Dues 124959 10799 Lindsay Carter Coates 02/10/2023 244.00 Instructor: Yoga w/ Lindsay 1/4-1/30/23 #11092 124960 11542 CCI Central Inc 02/10/2023 185.35 Printing Supplies 124961 11451 Channel Islands Technology Integrators' Group 02/10/2023 7,318.63 Monthly Office 365 & Backup Subscriptions - Dec 2022 124962 11231 Coastal Peaks Coffee 02/10/2023 291.00 Coffee Supplies 124963 14445 Consor North America, Inc. 02/10/2023 21,979.53 Traffic Signal Design Bello & Price Canyon - Nov 2022 124964 14202 Crisp Imaging 02/10/2023 163.48 Printing Services: Tennis Courts Plans & James Way Plans 124965 14313 Culligan/Santa Maria 02/10/2023 456.62 Drinking Water Jan 2023 124966 14179 Deckard Technologies, Inc. 02/10/2023 16,000.00 RentalScape - STR Tracking 124967 12628 Dell Marketing LP 02/10/2023 391.95 Computer Supplies 124968 12307 Department Of Justice 02/10/2023 192.00 Fingerprinting & Livescan Services 124969 13135 Digital Map Products, LP 02/10/2023 7,752.00 Gov Clarity Software 2023 124970 13869 Matt Downing 02/10/2023 62.00 M&IE: Dept Head Retreat 2/15-2/17/23 124971 13697 Dudek 02/10/2023 145.00 GP/LCP 11/26/22 - 12/30/22 124972 13586 Famcon Pipe & Supply Inc. 02/10/2023 5,580.17 Valve Replacement: Ocean Blvd 124973 10191 Nadia Feeser 02/10/2023 62.00 M&IE: Dept Head Retreat 2/15-2/17/23 124974 14447 Sophia Fiscalini 02/10/2023 250.00 Deposit Refund: DCP Event 9/16/22 124975 13669 Frontal Security Services of California 02/10/2023 192.50 Security: PBVH Event 9/25/22 124976 13809 Jeffrey Gorham 02/10/2023 60.00 Reimb: Dept of Pesticide License 124977 10398 Liliana Graham 02/10/2023 436.80 Instructor: Ballroom Dance 1/2-1/30/23 #11080 124978 12235 Granicus, LLC 02/10/2023 2,865.08 Campaign & Disclosure Docs 1/6/23 - 1/5/24 124979 14511 Hapy Inc 02/10/2023 2,068.80 Employee Recognition Awards Luncheon 124980 13607 Kip Harms 02/10/2023 500.00 Refund: Deposit PBVH Event 12/3/2022 124981 UB*00967 ROY & ROXIE HOLM 02/10/2023 155.07 Refund Check 018881-000, 122 PADDOCK 124982 11739 J.B. Dewar Incorporated 02/10/2023 408.93 Hydraulic Oil for Belt Press 124983 11828 Gordon Jackson 02/10/2023 62.00 M&IE: Dept Head Retreat 2/15-2/17/23 124984 UB*00966 MICHELE & KEN KLINE (T) 02/10/2023 59.36 Refund Check 016335-000, 133 VILLAGE CIRCLE 124985 12019 James Lewis 02/10/2023 517.20 Reimb: Airfare DC Advocacy Trip 03/8-3/12/23 124986 12019 James Lewis 02/10/2023 62.00 M&IE: Dept Head Retreat 2/15-2/17/2023 124987 10656 LN Curtis & Sons 02/10/2023 605.56 Mount for Battery Powered Fans - Lower Emission Equipment 124988 13836 Mesa Energy Systems, Inc 02/10/2023 809.40 Service Call - City Hall Employee Breakroom 124989 10097 Miners Hardware 02/10/2023 639.51 Maintenance Supplies 124990 14405 Mission Linen Supply 02/10/2023 542.96 Uniforms - Wastewater Jan 2023 124991 10039 New Times 02/10/2023 288.00 Legal Ad: Advisory Body Recruitment 124992 14343 ODP Business Solutions, LLC 02/10/2023 841.62 Office Supplies 124993 UB*00969 PEOPLE'S SELF-HELP HOUSING CORP. 02/10/2023 1,608.30 Refund Check 017549-001, 855 FOURTH ST HYD 124994 11551 Pismo Beach Chamber Of Commerce 02/10/2023 148.00 Waiver Applied: SEC App Fee- Farmers Market & Sr Resources Fair 124995 12348 Rayne Water Conditioning 02/10/2023 109.90 Soft Water - Station 63 & 64 Feb 2023 124996 13796 ReadyRefresh by Nestle 02/10/2023 356.81 Drinking Water Jan 2023 -Wastewater 124997 14513 Richland Research Corporation 02/10/2023 434.25 Janitorial Supplies 124998 13201 Rincon Consultants, Inc. 02/10/2023 17,641.75 CCB EIR - Dec 2022 124999 12174 Rotary Club Of Pismo Beach 02/10/2023 176.81 Rotary Club Dues - January 2023 125000 14376 Sky River RV 02/10/2023 8,557.26 Auto Leveling System for Mobile Command Vehicle 125001 12570 SLO Roasted Coffee 02/10/2023 37.00 Coffee Supplies 125002 11539 Eva Snopek Keehn 02/10/2023 356.00 Instructor: Dog Obedience 1/21-3/4/23 #11074 125003 11722 SP Maintenance Services Inc 02/10/2023 4,413.75 Parking Lot & Street Sweeping Services December 2022 125004 12659 Jason Spears 02/10/2023 169.00 M&IE: OIS for Field Supervisors 2/20-2/22/23 125005 12982 Ultrex Business Products 02/10/2023 166.63 PD Records Copier/Fax Usage Jan 2023 125006 14115 Vanir Construction Mgmt, Inc. 02/10/2023 8,522.00 Safety Facility Construction Management Dec 2022 125007 10692 Ed Waage 02/10/2023 15.27 Reimb: Parking Coastal Commission Wkshp 1/26-1/27/23 Total:180,049.39$
Council Agenda 3-21-2023 9.B-3
Attachment 2
Packet Page 11

City of Pismo Beach
Final Disbursement List Check Date 02/17/2023

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 10002 Internal Revenue Service 02/17/2023 91,373.33$ Federal Income Tax PD 02/17/23 ACH 11224 Richards, Watson, Gershon Attorneys At Law 02/17/2023 50,042.48 Professional Legal Services- Jan 2023 ACH 11305 Public Employees Retirement System 02/17/2023 137,862.67 PERS Retirement EE & ER PD 2/3/23 & 2/17/23 ACH 12017 Vantagepoint Transfer Agents 02/17/2023 9,965.00 Retiree Health Longevity Premiums PD 03/01/23 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 02/17/2023 24,080.61 ICMA 457 Deferred Comp EE & ER PD 02/17/23 ACH 12305 Franchise Tax Board 02/17/2023 15,087.93 State Income Tax & SDI PD 02/17/23 ACH 12360 CalPERS 457 Plan 02/17/2023 541.67 PERS 457 Deferred Comp EE & ER PD 02/17/23 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IR 02/17/2023 360.00 ICMA Roth IRA PD 02/17/23 ACH 13455 Wex 02/17/2023 456.67 Fuel for City Vehicles 1/07/23 - 2/07/23 125011 14230 805 Sign Design LP 02/17/2023 808.47 Public Works Sign - Corp Yard Building 125012 10434 Abalone Coast Analytical Inc 02/17/2023 240.00 Water Analysis 2/6/23 & 2/13/23 125013 10446 Achievement House, Inc. 02/17/2023 5,650.00 Shell Beach Litter Removal, Sidewalk Cleaning & Pressure Washing Services Dec 2022 125014 10695 AFLAC 02/17/2023 3,124.89 Supplemental Disability Insurance - January 2023 125015 11096 Arroyo Grande Chevrolet 02/17/2023 2,271.71 Vehicle Maintenance 125016 14024 Daniel Bacio 02/17/2023 239.24 Reimb: Safety Boots 125017 14514 BEK Collective Inc 02/17/2023 7,634.75 James Way Beautification Design Dec 2022 125018 14229 Brendler Janitorial Service 02/17/2023 32,304.00 Janitorial Services - City Facilities Dec 2022 & Jan 2023 125019 10028 Brisco Mill & Lumber Yard 02/17/2023 9.15 Maintenance Supplies 125020 11492 Bunyon Bros. Tree Care, Inc. 02/17/2023 4,500.00 Emergency Tree Removal - Chapman Estate 125021 14414 California State Disbursement Unit 02/17/2023 461.53 Tax Withholding Order PD 02/17/23 125022 14349 Callander Associates Landscape Architecture, Inc 02/17/2023 1,259.65 Ventana Tennis Courts - Nov 2022 125023 10085 Cannon Associates 02/17/2023 47,854.30 Ocean Blvd Construction Management - Dec 2022 125024 11451 Channel Islands Technology Integrators' Group 02/17/2023 1,531.00 Remote Support - Email Server Search 125025 14382 CleanStreet, LLC 02/17/2023 13,662.62 Street Sweeping Services Dec 2022 125026 10708 Coastline Equipment 02/17/2023 5,577.53 Equipment Maintenance 125027 14303 County of SLO 02/17/2023 3,402.14 Annual Fee: Injection Well 125028 14202 Crisp Imaging 02/17/2023 2,302.66 Mylar As-Builts & Yoga Class Sign 125029 14521 John D'Elia 02/17/2023 1,000.00 Bond Release - 219 Morro 125030 12628 Dell Marketing LP 02/17/2023 2,809.86 Crime Analyst Computer Replacement 125031 14217 Deltina Coffee Roasters 02/17/2023 62.50 Coffee Supplies 125032 14517 Elowyn Dickerson 02/17/2023 300.00 Clam Painting Feb 2023 Clam Island 125033 13990 Eagle Energy, Inc. 02/17/2023 4,665.99 Diesel & Unleaded Fuel Deliveries 1/13/23 125034 11469 Eikhof Design Group Inc 02/17/2023 1,415.00 Stormwater Consulting Services Dec 2022 125035 10746 Electricraft Inc. 02/17/2023 435.75 Electrical Service - Chapman Estate 125036 11059 Emergency Vehicle Group Inc 02/17/2023 2,710.45 Equipment Maintenance 125037 14325 Engeo Incorporated 02/17/2023 11,173.28 Ocean Blvd ESDC - Dec 2022 125038 12123 Farm Supply 02/17/2023 257.42 Maintenance Supplies 125039 11868 FGL Environmental 02/17/2023 722.00 Organic, Inorganic & Misc. Analysis 12/16/22 - 1/11/23 125040 12035 Ben Fine 02/17/2023 259.81 Mileage/M&IE: Dept Head Retreat 2/15-2/17/23 125041 10732 Granite Construction Company 02/17/2023 410,087.86 Ocean Blvd Improvements - Dec 2022 & Storm Pothole Patching 125042 12455 Griffin Plumbing, Inc 02/17/2023 800.00 Backflow Tests 2023 125043 12083 Daniel Johnson 02/17/2023 60.00 Reimb: 2023 Water Distribution Certification Fee 125044 12032 Kimball Midwest 02/17/2023 233.25 Equipment Maintenance 125045 10428 League Of California Cities 02/17/2023 5,422.00 Membership Dues for Calendar Year 2023 125046 10175 Life-Assist, Inc. 02/17/2023 357.26 Medical Supplies - Fire 125047 11942 Maintenance Superintendents Association 02/17/2023 100.00 MSA 2023 Dues 125048 10097 Miners Hardware 02/17/2023 2,599.99 Maintenance Supplies 125049 14405 Mission Linen Supply 02/17/2023 1,860.68 Uniforms/Rugs/Towels /Floor Mats - Jan 2023 125050 13615 Julian Mora 02/17/2023 5,167.50 Removal of Mature Cactus 125051 10039 New Times 02/17/2023 54.00 Legal Advertising 125052 12199 Noble Saw, Inc 02/17/2023 551.74 Maintenance Supplies 125053 14520 Daniel O'Brien 02/17/2023 1,872.00 Cash for Grass - 1614 Costa Del Sol 125054 12315 Pacific Gas & Electric Company 02/17/2023 3,026.90 Electricity 1/5/23 - 2/6/23 125055 12099 Pacific Petroleum Corp 02/17/2023 6,481.59 Storm Support 1/9/23 125056 14523 Pacific Publishers, LLC 02/17/2023 775.00 Tide Books 125057 13381 Papich Construction Company, Inc. 02/17/2023 86,932.55 Bello Street Bridge Replacement Project Oct 2022 125058 10697 John Parker 02/17/2023 75.00 Father/Daughter Dance Posters 125059 11202 Pavement Engineering, Inc. 02/17/2023 10,658.75 Paving Project ESDC - Dec 2022 / Palisades & Chumash Park - Parking Lot Design Dec 2022 125060 12316 PG&E CFM/PPP Department 02/17/2023 2,000.00 James Way Beautification project - Engineering Advance 125061 10633 Pismo Beach Athletic Club Inc 02/17/2023 460.00 PBAC Dues February 2023 125062 12022 Pismo Beach Police Officer's Association 02/17/2023 1,570.76 POA Dues PD 02/17/23 125063 12335 ProCare Janitorial Supply Inc 02/17/2023 1,435.58 Janitorial Supplies 125064 10817 PRP Co Dba PRP Companies 02/17/2023 118.04 Safety: Pre-Driving Inspection Report Pads 125065 14120 Quinton, Inc. 02/17/2023 69,628.35 Bello Bridge Habitat Mitigation & Monitoring Plan Dec 2022 & City Hall - Upstairs File Room 125066 14516 R & R Auto Wrecking Inc. 02/17/2023 800.00 Vehicles to Perform Extrication Training 125067 10240 R & T Embroidery, Inc. 02/17/2023 70.00 Uniform Embroidery 125068 14522 Jose Sanchez 02/17/2023 290.50 Refund: Deposit PBVH Event 11/26/22 125069 11208 SEIU Local 620 AFL/CIO 02/17/2023 924.16 SEIU Dues PD 02/17/23 125070 11168 Sherwin-Williams 02/17/2023 1,109.78 Traffic Paint Supplies 125071 13913 Silvas Oil Co., Inc 02/17/2023 5,678.92 Diesel & Unleaded Fuel Deliveries 1/26/23 125072 14099 Jeffrey Smith 02/17/2023 62.00 M&IE: Dept Head Retreat 2/15-2/17/23 125073 11412 Jennifer Franco Smith 02/17/2023 3,150.16 Chapman Estate Portable Toilets Aug-Sept 2022 & Jan 2023 125074 11722 SP Maintenance Services Inc 02/17/2023 4,413.75 Parking Lot & Street Sweeping Services Jan 2023 125075 12031 Stanley Convergent Security Solutions 02/17/2023 285.00 Security System Removal- Temp Building 125076 12290 State Of California- EDD 02/17/2023 6,104.00 State UI Tax Deposit - 4th Qtr. 2022 125077 13708 Tenera Environmental 02/17/2023 10,813.78 NPDES Permit Renewal Support 2022 125078 12924 Traffic Management Inc 02/17/2023 1,795.10 Safety Signs 125079 13617 Trophy Hunters 02/17/2023 517.13 Adopt a Bench Plaque - CAPELA & BAKER 125080 13882 Warren's Nursery, Inc 02/17/2023 93.31 Father/Daughter Dance Plants 125081 12527 Water Systems Consulting Inc 02/17/2023 324,676.06 CCB - PM - Permitting- Final Design Dec 2022 & NCMA Staff Extension - Dec 2022 125082 12155 Western Microscope 02/17/2023 525.00 Microscope Repair & Maintenance 125083 12132 White Flag Pest Control Inc 02/17/2023 942.00 Pest Control - Jan & Feb 2023 125084 13377 Willdan Financial Services 02/17/2023 1,720.00 Comprehensive User Fee Study & Cost Allocation Plan – Dec 2022 125085 12614 Winema Industrial & Safety Supply 02/17/2023 135.44 Wastewater Safety Equipment Parts 125086 12651 Chris Trimble 02/17/2023 238.00 M&IE: Tactical Mission Planning 2/21-2/24/23 Total:1,465,088.95$
Council Agenda 3-21-2023 9.B-4
Attachment 2
Packet Page 12

City of Pismo Beach
Final Disbursement List Check Date 02/24/2023 & 02/28/2023

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 10371 Visit SLO County 02/24/2023 114,279.33$ TMD Payments December 2022 ACH 11224 Richards, Watson, Gershon Attorneys At Law 02/24/2023 357.50 Legal Fees - Jan 2023 ACH 12944 Leaf 02/24/2023 1,231.19 Monthly Copier Lease Feb 2023 ACH 13898 Quadient, Inc. 02/24/2023 2,078.00 Postage 1/12/23, 1/26/23 & 2/2/23 ACH 14257 Igoe Administrative Services 02/28/2023 5,715.41 IGOE FSA and DDS Reimbursement - February 2023 125087 13462 4imprint, Inc. 02/24/2023 1,976.19 CVB Collateral Journals 125088 13158 Advantage Technical Services, Inc 02/24/2023 8,847.00 Dive Inspection-Sediment Removal & Repairs Pismo Oak Tank 125089 11882 Alexander's Contract Services Inc 02/24/2023 4,049.47 Water Meter Reading Services Jan 2023 125090 11382 Applied Technology Group, Inc. 02/24/2023 37,080.91 TaxCity Simulcast System Equipment 125091 12623 AT&T 9391012188 02/24/2023 3,365.54 Phone Bill 01/10/2023 - 02/09/2023 125092 13278 AT&T 9391059148 02/24/2023 3,000.36 Phone Bill & ISA Event Internet - 01/10/2023 - 02/09/2023 125093 13460 AT&T Mobility 287284035974 02/24/2023 1,219.94 Phone and Wireless Services - Jan 2023 125094 14363 AT&T Mobility 287314925891 02/24/2023 80.48 iPad Service- January 2023 125095 10435 Berchtold Equipment Company 02/24/2023 514.16 Equipment Maintenance 125096 14432 Blue-White Industries 02/24/2023 331.37 Lift/Plant Maintenance 125097 13603 Francine Bracamonte 02/24/2023 393.29 Employee Recognition Plaques 2023 125098 12841 Robert Brenman 02/24/2023 40.00 Senior Dance Band Member 2/13/23 125099 11392 Brenntag Pacific Inc. 02/24/2023 3,003.76 Sodium Bisulfite 125100 14038 Bureau Veritas North America, Inc. 02/24/2023 5,865.00 Plan Review & Inspection Dec 2022 125101 14402 Carol A. Burner 02/24/2023 866.66 900 Bello Lease - Mar 2023 125102 10626 California Highway Adoption Co 02/24/2023 1,050.00 Highway 101 On/Off Ramp Trash Mitigation Feb 2023 125103 13065 California State Lands Commission 02/24/2023 140.00 Annual Rent 4/20/23 - 4/19/24 Per Lease Agrmt # 6674 125104 14349 Callander Associates Landscape Architecture, Inc 02/24/2023 19,407.87 Chumash and Palisades Playgrounds - Dec 2022 125105 12610 CalPortland Construction 02/24/2023 1,001.55 Valve Replacement Back Fill on Ocean Blvd 125106 10269 Carquest Auto Parts 02/24/2023 356.26 Vehicle Maintenance 125107 11451 Channel Islands Technology Integrators' Group 02/24/2023 8,311.48 Monthly Office Subscriptions & Office 365 - Jan 2023 / Migration to Azure 125108 11694 City of Grover Beach 02/24/2023 1,031.94 December Regionalism Retreat 125109 11999 City Of San Luis Obispo 02/24/2023 103.36 New Mayor & Council Member Conf Dinner 125110 11231 Coastal Peaks Coffee 02/24/2023 52.00 Coffee Supplies 125111 10708 Coastline Equipment 02/24/2023 103.73 Equipment Maintenance 125112 14445 Consor North America, Inc. 02/24/2023 12,279.93 Traffic Signal Design Bello & Price Canyon - Dec 2022 125113 10752 Critical Reach 02/24/2023 300.00 APBnet Annual Fee for 2023 125114 11986 Culligan/Central Coast Water 02/24/2023 311.00 Soft Water Tank Rental & Car Wah Filtration - Feb 2023 125115 12307 Department Of Justice 02/24/2023 479.00 Fingerprint Services: Nov 2022 & Jan 2023 125116 12320 Dept Of Forestry and Fire Protection 02/24/2023 590,938.93 CAL FIRE Schedule A 1st Quarter Actual 7/1/22-09/30/22 125117 11067 E & J Auto Parts, Inc. 02/24/2023 404.15 Vehicle Maintenance 125118 14452 E&M Electric & Machinery, Inc 02/24/2023 1,200.61 Win911 Support Software 125119 11469 Eikhof Design Group Inc 02/24/2023 6,702.50 Development Review Services & Stormwater Inspections - Jan 2023 125120 12541 Engel & Gray Inc 02/24/2023 8,886.00 Composting Biosolids Jan 2023 125121 13147 Engie Services U.S. Inc 02/24/2023 37,328.22 Year 4 MV & OM Fees 2023 125122 13586 Famcon Pipe & Supply Inc. 02/24/2023 3,611.79 Distribution Maintenance 125123 13575 Jorge Garcia 02/24/2023 75.00 Reimb: CCMF Member Dinner 2/9/23 125124 12235 Granicus, LLC 02/24/2023 3,743.84 Legislative Meeting Webstreaming 1/28/23 - 4/27/23 125125 10732 Granite Construction Company 02/24/2023 114,772.30 Ocean Blvd - Jan 2023 125126 12952 GSI Water Solutions Inc 02/24/2023 1,485.18 NCMA Annual Report - Dec 2022 125127 14160 Monika Gunn 02/24/2023 330.00 M&IE: NENA Conference 3/4-3/8/23 125128 14528 Michael Haiungs 02/24/2023 6.00 Refund: SGP Rental Event Date 2/4/23 - Overpaid 125129 10377 Hdl, Coren & Cone 02/24/2023 2,467.91 Property Tax Consulting & Audit Information Jan-Mar 2023 125130 12653 Dan Herlihy 02/24/2023 291.00 M&IE: CPCA Conference 3/11-3/15/23 125131 13628 Horizon West Auto Glass 02/24/2023 616.50 Vehicle Maintenance 125132 UB*00970 DAYNA HOUSE 02/24/2023 42.83 Refund Check 018917-000, 397 FRANKLIN 125133 14524 Kenneth Hustad 02/24/2023 40.00 Senior Dance Band Member 2/13/23 125134 11993 Information Technology 02/24/2023 1,308.76 Data Lines Oct - Dec 2022 125135 13276 InfoSend, Inc. 02/24/2023 1,100.88 Processing-Printing-Mailing City's Utility Bills Jan 2023 125136 13025 Stacy Jo L. Inman 02/24/2023 493.50 Reimb: Meals/Mileage/Parking Council Members Academy 1/17-1/20/23 125137 13385 IPS Group, Inc. 02/24/2023 2,143.67 IPS Transaction Fees - Jan 2023 125138 11739 J.B. Dewar Incorporated 02/24/2023 1,855.99 Bulk Oil Delivery 2/3/23 125139 11828 Gordon Jackson 02/24/2023 193.00 M&IE: Go West Summit 2/26-3/2/23 125140 11828 Gordon Jackson 02/24/2023 190.00 M&IE: Visit California Outlook Forum 3/6-3/9/23 125141 10760 Johnboy's Towing 02/24/2023 100.00 Towing Services 125142 10474 Joseph Wolosz 02/24/2023 6,500.00 Wolosz Parking Lot Lease - Mar 2023 125143 12032 Kimball Midwest 02/24/2023 497.76 Equipment Maintenance 125144 11383 Language Testing International 02/24/2023 145.00 Bilingual Test 125145 10428 League Of California Cities 02/24/2023 300.00 Membership dues for Channel Counties Division 2023 125146 12019 James Lewis 02/24/2023 96.00 M&IE: League of Cal Cities 2/22-2/24/23 125147 12019 James Lewis 02/24/2023 931.29 Reimb: Hotel League of Cal Cities & Meetings 2/6-2/10/23 125148 11586 Liebert, Cassidy & Whitmore 02/24/2023 1,725.00 Reg: Public Sector Employment Law Conf 3/16-3/17/23 125149 10175 Life-Assist, Inc. 02/24/2023 1,003.10 Medical Supplies - Fire 125150 10656 LN Curtis & Sons 02/24/2023 10,968.91 81.2 Ton - 5 Air Lifting Bag Set & E26 Battery Powered Fans Low Emissions Project 125151 14401 Barbara L. Maraist 02/24/2023 866.67 900 Bello Lease - Mar 2023 125152 UB*00971 STEVE MCGOWAN 02/24/2023 300.19 Refund Check 016329-000, 1870 COSTA DEL SOL 125153 12279 McMaster Carr 02/24/2023 1,550.10 Water Maintenance 125154 13645 MDN Engineering, LLP 02/24/2023 1,495.00 Shaffer Lane PIPs - May to Aug 2022 125155 10097 Miners Hardware 02/24/2023 103.21 Maintenance Supplies 125156 12656 Deborah Moskowitz 02/24/2023 330.00 M&IE: CALNENA Conference 3/4-3/8/23 125157 11172 Mullahey Ford 02/24/2023 2,545.11 Vehicle & Equipment Maintenance 125158 14343 ODP Business Solutions, LLC 02/24/2023 939.31 Office Supplies 125159 11337 Perry's Electric Motor & Controls, Inc. 02/24/2023 6,111.28 Motor & Pump Repair and Maintenance 125160 14527 Mark Pietri 02/24/2023 40.00 Senior Dance Band Member 2/13/23 125161 13197 Pioneer Americas, LLC 10728 02/24/2023 9,498.53 Sodium Hypochlorite 125162 14403 Betty J. Pratt 02/24/2023 866.67 900 Bello Lease - Mar 2023 125163 10817 PRP Co Dba PRP Companies 02/24/2023 154.97 Office Supplies 125164 12108 Santa Maria Tire, Inc. 02/24/2023 998.95 Vehicle Maintenance 125165 10584 Selective Security Systems Inc 02/24/2023 79.56 Alarm Service at Annex- 3/1/23 - 5/31/23 125166 10790 SLO County Health Agency 02/24/2023 2,037.00 SART Exam for Case 23-0029 125167 10730 South Coast Emergency Vehicle 02/24/2023 202.59 Equipment Maintenance 125168 14113 Southpaw Sign Co., Inc. 02/24/2023 19,385.09 Bello Bridge Commemorative Benches & Interpretive Panels 125169 12806 Donald G. Stever 02/24/2023 40.00 Senior Dance Band Member 2/13/23 125170 14526 George Tappan 02/24/2023 152.00 Refund: Cancellation MDP Event 3/11/23 125171 13530 TCA Tools Inc 02/24/2023 181.56 Vehicle Maintenance 125172 12629 Tetra Tech Inc 02/24/2023 2,847.50 Map Checking Dec 2022 125173 12321 The Gas Company 02/24/2023 5,078.68 Gas Service 01/17/23-02/17/23 125174 14015 The Pape` Group Inc. 02/24/2023 240.07 Equipment Maintenance 125175 13442 Thorn Run Partners 02/24/2023 4,500.00 Federal Lobbying Services Feb 2023 125176 12860 Townsend Public Affairs 02/24/2023 4,000.00 State Lobbying Services Feb 2023 125177 12991 TransUnion Risk and Alternative 02/24/2023 154.00 Investigative Services- Jan. 2023 125178 13905 Tripepi, Smith and Associates, Inc 02/24/2023 550.00 Graphic Arts Services - Jan 2023 125179 12982 Ultrex Business Products 02/24/2023 821.86 City-Wide Copier Usage Jan 2023 125180 12041 United Rentals Northwest, Inc 02/24/2023 497.31 Equipment Rental 125181 10507 V & V Manufacturing 02/24/2023 258.87 Badges Council Agenda 3-21-2023 9.B-5
Attachment 2
Packet Page 13

City of Pismo Beach
Final Disbursement List Check Date 02/24/2023 & 02/28/2023

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
125182 14488 VBP Operating Co., LLC 02/24/2023 456.60 FAM Trip Luxury Forum-The Affluence Director of Operations 12/16 125183 14034 Vital Records Holdings, LLC 02/24/2023 152.95 Document Storage Feb 2023 125184 12527 Water Systems Consulting Inc 02/24/2023 3,022.60 NCMA Staff Extension & Management Agreement Update Nov 22-Jan 23, Level 1 Water Audit Dec 22-Jan 2023 125185 13548 Jodi Weimer 02/24/2023 69.00 M&IE: DUI Checkpoint Course 3/6/23 125186 14530 Marcus White 02/24/2023 31.00 Reimb: DCP Rental Fees Event Date 6/9/23 - Overpaid 125187 12614 Winema Industrial & Safety Supply 02/24/2023 1,710.00 Water and Streets/Parks Annual Fall Protection Inspection 125188 13490 WIP, Inc.-PBR Enterprises 02/24/2023 1,893.69 Automated Chamber AV Equipment 125189 14529 Michael Wisincski 02/24/2023 900.00 Refund: Deposit PBVH Event 3/11/23 - Cancellation 125190 10964 California Building Standards Commission - CBSC 02/28/2023 288.90 Green Fees July - Sept 2022 125191 11803 Department Of Conservation 02/28/2023 796.03 SMIP Fees July - Sept 2022 125192 10142 Division of The State Architect 02/28/2023 348.40 SB1186 Jul-Sept 2022 Total:1,118,214.55$
Council Agenda 3-21-2023 9.B-6
Attachment 2
Packet Page 14

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

MONTHLY INVESTMENT TRANSACTION REPORT OF THE CITY’S CASH AND INVESTMENTS FOR DECEMBER 2022 OF FY 2022-2023
RECOMMENDATION:

No action required; information only.

BACKGROUND:

This report updates the City Council on the City of Pismo Beach’s monthly transactions of the City’s investment portfolio for the month ending December 31, 2022. California State Government Code Section 53607 states that if the authority of the legislative body to invest or reinvest funds for the City is delegated to the City Treasurer, the City Treasurer shall make a monthly report of those transactions to the legislative body.

The attached report includes all transactions of the City’s investments managed by the City, including funds invested in various securities and the City’s pooled funds invested in various financial instruments.
•Attachment 1 provides a summary of the City’s cash, investments, and monthly interest earnings based on book value as of December 31, 2022. •Attachment 2 provides details on the investment transactions for the General Fund Reserve and City Pooled Funds A (for deferred capital projects), including: purchases or deposits; sales, maturities, calls or withdrawals; and interest earnings. •Attachment 3 provides details of the monthly transactions by fund for City Pooled Funds B (for current year expenditures) for the month ending December 31, 2022.

FISCAL IMPACT:

No fiscal impact from the report itself—information only.

ALTERNATIVES:

1.No Council action is proposed, other than to receive the information..

ATTACHMENTS:

1.Summary Table for ALL Funds, including Book Values and Earnings Data for Investments in Other Financial Instruments

2.For the General Fund Reserve and City Pooled Funds A—Transactions on Investments in Securities

3.For City Pooled Funds B—Summary of monthly transactions by fund Prepared by: Vanessa Garris, Finance Manager Meeting Date: March 21, 2023 Submitted by: Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

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City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned
December 2022
Actual Year-to-
Date Interest
Earned Ending
12/31/2022 * Data Sources
General Fund Reserves US Bank CDs/GASs/Corp/
Muni Bonds

2.01% avg 7,572,606$ 10,470$ 70,840$ 1 City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note

2.14% avg 29,430,170 32,033 277,515 1 Total All Securities 37,002,776$ 42,503$ 348,355$ City Pooled Funds - B US Bank Custody 0.00%-$ 730$ 1,779$ 1 City Pooled Funds - B Local Agency Invest.

Fund
State Investment
Pool

2.07%19,396,029 101,324 167,098 2 City Pooled Funds - B US Bank Checking 0.00%22,982,292 1,944 2,336 3 City Pooled Funds - B 42,378,321$ 103,998$ 171,212$ City Pooled Funds total A + B 71,808,491$ 136,031$ 448,727$ Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 Pier Project 420$ 420$ 420$ 4 Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 CREB's
Project
277 271 271 4 CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit
Trust Account
Various managed by
CalPERS
4,273,234$ 274,162$ (38,838)$ 5 TOTAL, Cash and Investments at December 31, 2022:83,655,028$ 421,354$ 481,420$ TOTAL for City Managed Portfolio, Cash and Investments:79,381,097$ 146,501$ 519,567$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund 3 = Monthly reconciled bank statement from US Bank
4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments

9.C-2Council Agenda 3-21-2023
Attachment 1
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CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
December 31, 2022

INVESTMENT ACTIVITY

PURCHASES OR DEPOSITS
12/09/22 Purchase Credit Union of Texas 245,000$
12/20/22 Purchase All In Federal Credit Union 245,000
12/30/22 Purchase Alliant Credit Union 245,000
Total 735,000$

SALES, MATURITIES, CALLS OR WITHDRAWALS
12/19/22 Matured Medallion Bank Utah 245,000$
Total 245,000$
ACTIVITY TOTAL 490,000$

INTEREST REVENUE

GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 10,470$

POOLED INVESTMENTS
Interest Earned on Investments 32,033$
TOTAL INTEREST EARNED 42,503$
Data Source: Monthly Download of Transactions from US Bank

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Attachment 2
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Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:12/31/2022 Bank Account Description Bank ID
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
General Checking US Bank 23,404,065$ 5,365,053$ (5,340,060)$ 288,233$ (735,000)$ 22,982,292$ LAIF LAIF 19,396,029 - - - - 19,396,029 Total all Bank Accounts 42,800,095$ 5,365,053$ (5,340,060)$ 288,233$ (735,000)$ 42,378,321$ Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
General Fund
General Fund 1001-10101 14,477,086 2,277,597 (1,597,894) - - 15,156,789 General Fund-Reserve 1001-10105 172,122 10,621 - - - 182,744 Half Cent Sales Tax Fund 1002 2,711,224 557,145 - - - 3,268,369 Special Revenue Funds
Gas Tax Fund 2001 187,658 32,211 - - - 219,869 LTF - Streets 2002 463,059 (56) (1,849) - - 461,154 PEG Access Fund 2003 96,466 - - - - 96,466 Police Grant Fund 2004 365,860 33,900 - - - 399,760 Housing In Lieu Fund 2005 2,214,111 1,660 - - - 2,215,772 LBID Fund 2006 2,140,314 185,301 (107,839) - - 2,217,776 Chapman House 2007 17,470 (1,279) (2,226) - - 13,965 Capital Projects Funds
Capital Projects Fund 3001 (749,315) 307,908 (1,591,892) - - (2,033,298) Public Facilities Fund 3002 871 - - - - 871 Park Development Fund 3003 338,106 37,450 - - - 375,556 Circulation Fund 3101 628,532 22,163 - - - 650,695 Development Impact Fee Fund 3102 525,698 55,904 - - - 581,602 Developer Impact Fee Fund 3103 165,829 - - - - 165,829 Underground Utility Fund 3201 16,394 - - - - 16,394

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Attachment 3
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Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:12/31/2022 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
Debt Service Funds
Public Finance Authority Fund 4001 - - - - - - Public Finance Authority Fund 4002 - - - - - - Freeway Foothills AD Fund 4101 759 - - - - 759 Spyglass AD Fund 4102 12,628 - - - - 12,628 Indio-El Portal AD Fund 4112 733 - - - - 733 Visalia Street AD Fund 4113 100,281 - - - - 100,281 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 3,203,355 804,727 (1,372,696) - - 2,635,386 Water Tax - Gragg Fund 6102-10102 - - - - - - Water Construction Fund 6103 609,613 10 - - - 609,623 Water Expansion Fund 6104 1,236,844 14,347 - - - 1,251,192 Wastewater Enterprise Fund 6201 3,629,628 340,674 (433,726) - - 3,536,576 Wastewater Construction Fund 6202 1,306,303 - (16,144) - - 1,290,159 Wastewater Expansion Fund 6203 2,040,038 29,270 - - - 2,069,307 LTF - Transit Fund 6301 28,546 (75) - - - 28,471 Pier Operations Fund 6401 31,699 6,088 (5,432) - - 32,354 Parking Fund 6501 2,507,716 (136,156) (46,153) - - 2,325,407 Internal Service Funds
Technology Service Fund 7101 11,319 80,751 (71,698) - - 20,372 Motor Vehicle Fund 7201 3,225,580 92,124 (59,075) - - 3,258,629 Trust & Agency Funds
SLO County TMD 8201 182,919 139,241 (177,957) - - 144,203 Control Funds
Payroll Control Fund 9301 673,964 23,861 142,022 - - 839,847 Interest Control Fund 9302 172 1,944 - - - 2,116 Utility Billing Control Fund 9304 225,964 4,012 (8) - - 229,968 M/R Control Fund 9305 - - - - - - Total all cash funds 42,799,545 4,921,342 (5,342,566) - - 42,378,321

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Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:12/31/2022 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance

INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 0 - - - - 0 General Fund - CD's 1001-10404 4,102,407 245,000 - - - 4,347,407 General Fund - Fed Agency 1001-10405 4,049,000 - - - - 4,049,000 GF - Half Cent Sales Tax CD's 1002-10404 1,225,000 - - - - 1,225,000 GF - Half Cent Sales Tax 1002-10405 500,000 - - - - 500,000 GF - Half Cent Sales Tax Mny M 1002-10108 0 - - - - 0 GF Reserve Money Mkt Cash 1001-10109 0 - - - - 0 GF Reserve - CD's 1001-10403 2,851,593 - - - - 2,851,593 GF Reserve - Fed Agency 1001-10402 2,208,000 - - - - 2,208,000 GF Reserve - Building 1001-10406 202,000 - - - - 202,000 GF Reserve - Building - Federal A1001-10146 298,000 - - - - 298,000 GF Reserve - Risk Mgmt - CD's 1001-10407 150,000 - - - - 150,000 GF Reserve - Risk Mgmt - Fed A 1001-10140 50,000 - - - - 50,000 GF Corp Bond - Pooled 1001-10141 529,143 - - - - 529,143 GF Corp Bond - Reserve 1001-10145 500,000 - - - - 500,000 GF Municipal Bonds Pooled 1001-10142 331,595 - - - - 331,595 GF Municipal Bonds Reserve 1001-10143 1,263,013 - - - - 1,263,013 Risk Mgmt Muni Bonds Reserve 1001-10144 50,000 - - - - 50,000 Half Cent Sales Tax - Pooled 1002-10141 - - - - - - Half Cent Sales Tax - Muni Bond 1002-10142 571,288 - - - - 571,288 GF CREB's Fiscal Agent 1001-10515 (0) - - - - (0) GF Treasury Note 1001-10410 5,045,375 - - - - 5,045,375 Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 (0) - - - - (0) Housing In Lieu Fund 2005-10404 875,000 - - - - 875,000 Housing In-Lieu Fed Agencies 2005-10405 140,000 - - - - 140,000 Capital Projects Funds
Park Develop. Fund Mny Mkt 3003-10108 - - - - - - Park Development Fund 3003-10404 - - - - - - Park Develop Federal Agencies 3003-10405 - - - - - - Circulation Fees Mny Mkt 3101-10108 - - - - - - Circulation Fees 3101-10404 - - - - - - Develop. Impact Fee Mny Mkt 3102-10108 0 - - - - 0 Development Impact Fee Fund 3102-10404 245,000 - - - - 245,000 Impact Fees Federal Agencies 3102-10405 - - - - - -

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Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:12/31/2022 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance

INVESTMENTS
Debt Service Funds
Public Fin Fiscal Agent-Pier 4002-10510 280,181 (279,762) - - - 420 Public Fin Fiscal Agent-CREBs 4002-10515 232,797 (232,520) - - - 277 Enterprise Funds
Water Fund Money Mrkt Csh 6101-10108 0 - - - - 0 Water Fund CD's 6101-10404 490,000 - - - - 490,000 Wtr Fund Federal Agencies 6101-10405 2,155,000 - - - - 2,155,000 Wtr Fund Corp Bond - Pooled 6101-10141 - - - - - - Water Construction Money Mkt 6103-10108 (0) - - - - (0) Water Construction 6103-10404 504,363 - - - - 504,363 Wastewater Fund Money Market 6201-10108 0 - - - - 0 Wastewater Fund CD's 6201-10404 490,000 - - - - 490,000 Wastewater Fund Fed Agencies 6201-10405 2,100,000 - - - - 2,100,000 WWtr Fund Corp Bond - Pooled 6201-10141 1,062,000 - - - - 1,062,000 Parking Enterprise Money Mrkt 6501-10108 (0) - - - - (0) Parking Fund Corp Bond-Pooled 6501-10141 500,000 - - - - 500,000 Parking Enterprise 6501-10404 980,000 245,000 - - - 1,225,000 Parking Fund Federal Agencies 6501-10405 1,500,000 - - - - 1,500,000 Parking Fund Treasury Note 6501-10410 1,000,000 - - - - 1,000,000 Internal Service Funds
MVR Fund Money Mrkt Csh 7201-10108 0 - - - - 0 MVR Fund CD's 7201-10404 295,000 - - - - 295,000 MVR Fund Federal Agencies 7201-10405 250,000 - - - - 250,000 CalPers Benefit Trust
OPEB Trust Account 8101-10408 3,999,974 273,260 - - - 4,273,234 Total all Investments 41,025,729$ 250,978$ -$ -$ -$ 41,276,707$ Total all Funds 83,825,274$ 5,172,320$ (5,342,566)$ -$ -$ 83,655,028$

9.C-7Council Agenda 3-21-2023
Attachment 3
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.D

SUBJECT / TITLE:

QUARTERLY INVESTMENT REPORT FOR THE THREE MONTHS OF OCTOBER THROUGH DECEMBER 2022—THE SECOND QUARTER OF FY 2023
RECOMMENDATION:

No action required; information only.

EXECUTIVE SUMMARY:

This report updates City Council on the City’s investment portfolio as of the quarter ending on December 31, 2022. This report complies with regulations set forth in California State Government Code Section 53646 in which the City Treasurer is required to submit to the legislative body (City Council) a quarterly report containing various information on the City’s investments.

The report includes all investments managed by the City, including funds invested in various securities, the City’s pooled funds invested in various financial instruments, and funds held in reserve with fiscal agents.
• Table 1 (Attachment 1) provides a summary of the City’s cash, investments, and earnings based on book value as of December 31, 2022.
• Tables 2 and 3 (Attachments 2 and 3) provides details on the investment type, issuer, maturity date, book value, market value, and interest rates as of December 31, 2022 for the General Fund Reserve and City Pooled Funds A, respectively.

All of the City’s investments and the City’s allocation of funds in the various financial instruments comply with State Government Code Sections 53610—53686 and with the City’s Investment Policy’s primary objective to safeguard the principal. Additionally, the City of Pismo Beach’s invested funds as described in this report comply with the City’s Investment Policy and meet the City’s pooled expenditure requirements for the next six months.

Description of Cash and Investment Accounts

Negotiable Certificates of Deposit (CDs), US Government Agency Securities (GASs), Corporate Bonds (Corp Bonds), Treasury Notes, and Municipal Bonds (Munis) • General Fund Reserves: The City has three reserves invested in various financial instruments that mature at various periods over the next five years. The total amount invested for these three reserves is $7.57 million, earning a projected 2.01% average interest rate during Fiscal Year (FY) 2023. Specifics of each reserve are provided below:
o General Fund Reserve: The City adopted a Fiscal Policy that maintains a General Fund Reserve of 25% of budgeted annual operating expenditures. This Reserve should be $6.97 million, which is 25% of the FY 2023 budgeted annual operating

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expenditures. Currently, $6.82 million is invested in various CDs, GASs, Corp Bonds, and Munis earning 1.96% on average per year.
o City Building Reserve: The City Council created a City Building Reserve of $500 thousand for the maintenance and upkeep of City facilities and buildings. Currently, this Reserve is invested in various CDs and GASs earning on average 2.38% per year during FY 2023.
o Risk Management Reserve: The City Council established a Risk Management Reserve, contributing $50 thousand each year. Currently, this Reserve is $250 thousand, which is invested in CDs, GASs, and Munis earning 2.76% on average per year.
• City-Pooled Funds A (for deferred capital projects): Based on the City’s 10-year capital plan and the cash flow needs for the next five years, the City has invested $29.43 million in various CDs, GASs, Corp Bonds, Treasury notes, and Munis that mature at various periods over the next five years and have a 2.14% average interest rate during FY 2023.

Other Financial Instruments
City-Pooled Funds B (for current year expenditures): The City follows the practice of pooling cash for all funds in financial instruments. Interest earned on pooled cash and investments is allocated quarterly to the various funds based on the respective fund’s average quarterly cash balance. As of December 31, 2022, the City-Pooled Funds B are allocated or invested as described below.
• $19.40 million in Local Agency Investment Fund (LAIF): LAIF is a State investment pool earning 2.07% annually and is the City’s main savings account where the majority of cash is held for current year expenditures.
• $22.98 million in U.S. Bank Checking: This account is the City’s primary checking account.

OPEB Trust Account
The Governmental Accounting Standards Board (GASB) requires public-sector entities to account for the promise to provide other post-employment benefits (OPEB) over the working life of the employee rather than on a pay-as-you-go basis. The City has an actuarial study performed every two years to determine how much to set aside each year to partially or completely fund the City’s future obligations for retiree health costs.

The OPEB Trust Account is the California Employers’ Retiree Benefit Trust (CERBT) Fund that was set up for the purpose of receiving employer contributions to prefund retiree health and OPEB costs for retirees and their beneficiaries. This trust fund helps finance future costs in large part from the investment earnings provided by CalPERS, rather than the City’s restricted investment earnings. The projected earnings are 6.75% per year and fluctuate from quarter to quarter. The City contributes to the account at the Actuarial Determined Contribution amount of $234 thousand for this year toward the City’s unfunded liability. This contribution now appears as an asset for the City’s future retiree health costs instead of a significant liability on the City’s balance sheet.

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Portfolio Allocation
Per the State Government Code 53600 et seq., and the City's Investment Policy, the City may invest up to a maximum percentage of the entire portfolio of funds in authorized financial instruments. The following table shows a summary of the authorized financial instruments, the maximum percentage limits, the book value as of December 31, 2022 of the City’s funds, and the percentage of the total City’s pooled funds that are invested in each financial instrument.

Financial Instrument
Maximum
%
Book Value as
of 12/31/22
% of
Portfolio
Checking Account 100% 22,982,292 41%
Local Agency Investment Fund 100% 19,396,029$ 34%
US Government Agency Obligations 50% 13,250,000 23% Negotiable Certificates of Deposit 30% 12,900,363 23% US Treasury Issues 100% 6,045,375 11%
Corporate Bond 30% 2,591,143 5%
Issues of Other California entities 30% 2,215,896 4% 56,398,806$ 100%
Bond funds: Wilmington Trust 697$
OPEB Trust Account 4,273,234
Total Book Value 60,672,736$
Local Agency
Investment Fund,
34%
US Government
Agency
Obligations, 23%
Negotiable
Certificates of
Deposit, 23%
US Treasury
Issues, 11%
Corporate Bond, 5%
Issues of Other
California entities,
4%
Portfolio Allocation

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Portfolio Liquidity
The portion of the City’s portfolio that is managed by the City Treasurer (all accounts except the Bond Funds and OPEB Trust Account) is sufficiently liquid to meet the City’s expenditure requirements for the next 6 months. The majority of funds are invested in LAIF, which has a liquidity of one day. The following table and chart illustrate the liquidity of the City’s managed portfolio.

Liquidity Amount
0 to 30 days 42,378,321$
FY 2023 6,535,375
FY 2024 1,620,862
FY 2025 9,211,177
FY 2026 8,250,000
FY 2027 8,680,363
FY 2028 2,705,000
79,381,097$
0 10,000 20,000 30,000 40,000 50,000
0 to 30 days
FY 2023
FY 2024
FY 2025
FY 2026
FY 2027
FY 2028
Portfolio Amount ($ thousands)
Li
q
u
i
d
i
t
y

P
e
r
i
o
d
Portfolio Liquidity

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Investment Value

Book Value: The book value represents the initial outlay for an investment and is the amount carried on a balance sheet. In the past quarter ending December 31, 2022, the City’s total book value of cash and investments was $83.66 million. This is $4.43 million greater than the last quarter’s ending balance. There are a number of factors that impact changes in cash and investment balances from quarter to quarter. These changes may include receiving periodic payments (e.g., property taxes are received in December and April), large payments on debt service or capital projects, seasonal revenues and expenditures, and other factors affecting cash flow.

Market Value: The market value represents the current price at which a security can be traded and is the value of an investment comparing the various aspects of the security to other factors in the market such as interest rates. The market value as of December 31, 2022 for CDs, GASs, Municipal Bonds, Treasury Notes, and Corporate Bonds was $37.00 million, which is $2.51 million less than the book value. The City expects to hold onto the majority of its investments to maturity and would receive the book value of its investment.

Investment Name Type of Investment
Book Value as
of 12/31/22
Book Value as of
9/30/22 Variance
General Fund Reserve CDs/GASs/Corp
Bonds/Muni Bonds
7,572,606$ 7,702,606$ (130,000)$
City Pooled Funds - A CDs/GASs/ Corp
Bonds/ Muni
Bonds/ US
Treasury Note
29,430,170 29,403,676 26,494
City Pooled Funds - B Various 42,378,321 38,117,901 4,260,420 Bond funds Blackrock Federal
Fund
697 57 639
OPEB Trust Account Benefit Trust
Account
4,273,234 3,999,974 273,260
TOTAL 83,655,028$ 79,224,215$ 4,430,813$
Investment Name
Type of
Investment
Book Value as of
12/31/22
Market Value as
of 12/31/22 Variance
General Fund Reserve CDs/GASs/
Corp Bonds/
Muni Bonds
7,572,606$ 6,931,397$ (641,209)$
City Pooled Funds - A CDs/GASs/
Corp Bonds/
Muni Bonds/US
Treasury Note
29,430,170 27,561,935 (1,868,235)
Total All Securities 37,002,776$ 34,493,332$ (2,509,444)$

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Investment Earnings and Performance

Interest Earnings: In the past quarter ending December 31, 2022, the City’s total interest earnings were a gain of $625,927 thousand, including a $352 thousand gain in the City’s managed portfolio and a $274 thousand gain in OPEB. The estimated interest earnings for FY 2023 are $1.59 million, which is a gain of 1.90% for the year for the City’s entire portfolio and a gain of 1.36% for the City’s managed portfolio. Note that as the City’s cash and investments change, the interest earnings change correspondingly.

Performance: The projected annual interest earnings rate for FY 2023 is 1.90% for the City’s entire portfolio. The projected annual interest earnings rate for FY 2023 is 1.36% for the City’s managed portfolio (excludes Bond funds and OPEB Trust Account). This is compared to LAIF, which is earned 2.07% as of December 31, 2022, or the 1-year U.S.

Treasury Note, which earned 4.03% as of December 31, 2022. The following table lists the various performance measures regarding the various annual earnings rate for the City’s entire portfolio, the City’s managed portfolio, and the two benchmarks of LAIF and the 1 year U.S. Treasury Note.

Performance Measure Earnings
Rate
City’s Annual Earnings Rate for entire Portfolio 1.90%
City’s Annual Earnings Rate for Managed Portfolio 1.36% LAIF Average Annual Earnings Rate 2.07%
1 Year U.S. Treasury Note 4.68%

Investment Name Type of Investment
Book Value as
of 12/31/22
Actual
Interest
Earned 2nd
Quarter
Estimated
Annual
Interest
Earnings
Estimated
Annual Interest
Earnings Rate
General Fund Reserves CDs/GASs/Corp
Bonds/Muni Bonds
7,572,606$ 41,338$ 147,132$ 1.94%
City Pooled Funds - A CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note
29,430,170 205,434 592,614 2.01%
City Pooled Funds - B Various 42,378,321 104,994 342,425 0.81% Bond funds Wilmington Trust 697 691 1,382 198.38% OPEB Trust Account*Benefit Trust
Account
4,273,234 274,162 509,485 11.92%
TOTAL 83,655,028$ 626,619$ 1,593,038$ 1.90%
Total Managed Portfolio 79,381,097$ 351,766$ 1,082,171$ 1.36%

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Future Outlook
Recent indicators of economic activity reflect modest growth in spending and production, while employment continues to strengthen, including robust job gains in recent months and a low unemployment rate. Inflation has eased but remains elevated. The invasion of Ukraine by Russia may have implications for the U.S. economy, and are creating additional upward pressure on inflation and weigh on economic activity.

On February 1, 2023, the Federal Open Market Committee (FOMC) decided to raise the target range for the federal funds rate from a range of 3.75% to 4.00% to a range of 4.50% to 4.75%. The Committee expects further ongoing increases in the target range until it is confident the economy is on track to achieve maximum employment and price stability, to return inflation to 2% inflation.

With the increase in the federal funds rate, the market interest rates are increasing.

Based on increasing interest rates, the City’s investment earnings potential is improving and could lead to greater investment earnings as the City’s current investments mature and are reinvested in higher yielding securities.

FISCAL IMPACT:

No fiscal impact from the report itself—information only.

ALTERNATIVES:

No Council action is proposed, other than to receive the information.

ATTACHMENTS:

1.Table 1: Summary Table for ALL Funds, including Book Values and Earnings Data for Investments in Other Financial Instruments

2.Table 2: For the General Fund Reserve—Basic Data on Investments in Securities

3.Table 3: For City Pooled Funds A—Basic Data on Investments in Securities Submitted by: Meeting Date: March 21, 2023
Nadia Feeser, Administrative Services Director/City Treasurer City Manager Approval:

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Investment Name Name of Institution Type of Investment Current
Earnings
Rate
Book Value
as of 12/31/22
Actual Interest
Earned 2nd
Quarter Ending
12/31/22
Year-to-Date
Interest
Earned
Ending
12/31/22
* Data
Source
Estimated
Annual Interest
Earnings **
General Fund Reserves US Bank CDs/GASs/Corp
Bonds/Muni Bonds

2.01% avg 7,572,606$ 41,338$ 70,840$ 1 147,132$ City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note

2.14% avg 29,430,170 205,434 277,515 1 592,614 Total All Securities 37,002,776$ 246,772$ 348,355$ 739,746$ City Pooled Funds - B US Bank Custody 0.00%-$ 1,554$ 1,779$ 1 3,558 City Pooled Funds - B Local Agency Invest.

Fund
State Investment Pool 2.07%19,396,029 101,324 167,098 2 334,196 City Pooled Funds - B US Bank Checking 0.00%22,982,292 2,116 2,336 3 4,671 City Pooled Funds - B 42,378,321$ 104,994$ 171,212$ 342,425$ City Pooled Funds total A + B 71,808,491$ 310,428$ 448,727$ 1,082,171$ Funds Held with Fiscal
Agent
Bond funds: Wilmington
Trust
2017 Pier Project 420$ 420$ 420$ 4 839 Funds Held with Fiscal
Agent
Bond funds: Wilmington
Trust
2017B CREBs 277 271$ 271 4 543 -
Calpers Benefit Trust -
OPEB Trust Account CalPERS Benefit Trust
Account
Various managed by
CalPERS
4,273,234$ 274,162$ (38,838) 5 509,485 TOTAL, Cash and Investments at December 31, 2022:83,655,028$ 626,619$ 481,420$ 1,593,038$ TOTAL for City Managed Portfolio, Cash and Investments:79,381,097$ 351,766$ 519,567$ 1,082,171$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund. 3 = Monthly reconciled bank statement from respective bank. 4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account ** Estimated Annual Interest Earnings for the current Fiscal Year (FY) 2023:

1. Estimated Earnings on Investments are based on scheduled Interest Payments during FY 2023

2. Estimated Earnings on Other Financial Instruments are based on anticipated average account balances (Book Values) and interest rates during FY 2023.

City of Pismo Beach
Table 1: Summary Table for All Funds,
including Book Values & Earnings Data for Investments in Other Financial Instruments

9.E-8Council Agenda 3-21-2023
Attachment 1
Packet Page 29

City of Pismo Beach
December 31, 2022 QUARTERLY INVESTMENT REPORT
Table 2: For the General Fund Reserves - Basic Data on Investments in Securities:

Government Agency Securities and Bank Certificates of Deposit CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturity
020080BL0 Alma Bank 1.75% 09/11/19 09/11/24 CD 0 95.33 245,000 233,561 (11,439) 439 02589ACE0 American Express
(59.76%)

2.90% 05/03/22 04/27/27 CD 0 93.43 147,000 137,345 (9,655) 1,397 052392BT3 Austin Telco Federal
Credit Union

3.80% 09/21/22 09/21/27 CD 0 96.62 245,000 236,724 (8,276) 1,544 06406RBA4 Bank New York Mellon
(32.69%)

2.05% 01/26/22 01/26/27 CD A 89.79 245,000 220,150 (24,850) 1,306 13063CLW8 California State GO
Bonds (41.83%)

5.00% 05/08/20 10/01/24 Municipal Bond AA-103.95 245,000 217,401 (27,599) 459 13063CLW8 California State GO
Bonds (8.54%)

5.00% 05/08/20 10/01/24 Municipal Bond AA-103.95 50,000 44,385 (5,615) 459 13077CY32 California State
University Rev Bonds
(97.66%)

5.00% 05/07/20 11/01/23 Municipal Bond AA-101.85 245,000 218,835 (26,165) 124 14042TFP7 Capital One Bank
(47.76%)

2.90% 04/27/22 04/27/27 CD 0 93.43 117,000 109,320 (7,680) 1,397 24951TAL9 Department of
Commerce FCU
(20.41%)

1.25% 01/07/22 01/07/27 CD 0 87.76 50,000 43,886 (6,114) 1,287 24951TAL9 Department of
Commerce FCU
(22.45%)

1.25% 01/07/22 01/07/27 CD 0 87.76 55,000 48,272 (6,728) 1,287 25460FCF1 Direct Federal Credit
Union

3.50% 12/10/18 09/11/23 CD 0 99.31 245,000 243,310 (1,691) 73 27004PCV3 Eaglemark Savings Bank
(20%)

3.25% 06/22/22 06/22/27 CD 0 94.61 50,000 46,360 (3,640) 1,453 29367RLM6 Enterprise Bank
(63.27%)

0.85% 05/18/20 05/14/25 CD 0 91.67 155,000 142,102 (12,898) 684 3130APB87 FHLB 1.10% 10/13/21 10/13/26 Agency AA+88.42 500,000 442,075 (57,925) 1,201 3130AQZ55 FHLB 2.50% 03/10/22 03/10/27 Agency AA+92.25 500,000 461,250 (38,750) 1,349 3130ALYC2 FHLB (19.2%)1.14% 04/29/21 04/29/26 Agency AA+89.71 192,000 172,249 (19,751) 1,034 3130AMCY6 FHLB (2.5%)1.00% 05/27/21 05/27/26 Agency AA+89.09 50,000 44,544 (5,457) 1,062 3130AQAU7 FHLB (24.5%)1.45% 12/29/21 12/29/26 Agency AA+89.11 245,000 218,322 (26,678) 1,278 3130AMCY6 FHLB (25.8%)1.00% 05/27/21 05/27/26 Agency AA+89.09 516,000 459,689 (56,311) 1,062 3130ARF55 FHLB (49%)2.60% 03/30/22 03/30/27 Agency AA+92.48 245,000 226,578 (18,422) 1,369 3130ALYC2 FHLB (5.3%)1.14% 04/29/21 04/29/26 Agency AA+89.71 53,000 47,548 (5,452) 1,034 3130ARF55 FHLB (51%)2.60% 03/30/22 03/30/27 Agency AA+92.48 255,000 235,827 (19,173) 1,369 33847E3J4 Flagstar Bank 0.90% 05/15/20 05/15/25 CD 0 91.77 245,000 224,846 (20,154) 685 46632FRU1 JP Morgan Chase Bank 0.70% 01/22/21 01/22/26 Corporate Bond A+85.60 500,000 427,990 (72,010) 937 499724AE2 Knoxville TVA Employees
Credit Union (20.4%)

3.30% 09/27/18 09/27/23 CD 0 99.09 50,000 49,523 (477) 89 50625LBN2 Lafayette Federal Credit
Union

3.25% 06/15/22 06/15/27 CD 0 94.59 245,000 231,750 (13,250) 1,446 59013KPN0 Merrick Bank 1.10% 11/09/21 11/09/26 CD 0 87.69 245,000 214,836 (30,164) 1,228 6966674G6 Palm Springs USD GO
Bonds (95.66%)

0.85% 10/28/20 08/01/24 Municipal Bond AA 94.35 773,013 726,562 (46,451) 398 74909LAC4 Quorum Federal Credit
Union (52.90%)

4.25% 09/30/22 09/29/23 CD 0 99.78 129,593 129,316 (277) 91 835104BZ2 Somerset Tr Co 1.00% 03/19/20 03/19/25 CD 0 92.42 245,000 226,429 (18,571) 628 88413QDL9 Third Federal Savings
Bank

3.50% 06/28/22 06/28/27 CD 0 95.60 245,000 234,220 (10,780) 1,459 89235MLC3 Toyota Financial Savings
Bank

0.95% 07/15/21 07/15/26 CD 0 88.24 245,000 216,193 (28,807) 1,111 Total $ 7,572,606 $ 6,931,397

9.E-9Council Agenda 3-21-2023
Attachment 2
Packet Page 30

City of Pismo Beach
December 31, 2022 QUARTERLY INVESTMENT REPORT
Table 3: For City Pooled Funds A - Basic Data on Investments in Securities:

Government Agency Securities and Bank Certificates of Deposit CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturity
00257TBH8 Abacus Federal Savings
Bank

1.70% 09/18/19 09/18/24 CD 0 95.20 245,000 233,235 (11,765) 446 01664MAB2 All In Federal Credit
Union

4.40% 12/20/22 12/20/27 CD 0 99.11 245,000 242,829 (2,171) 1,634 01882MAB8 Alliant Credit Union 4.95% 12/30/22 12/30/27 CD 0 101.56 245,000 248,824 3,824 1,644 02554BDA6 American Eagle Bank 1.10% 03/13/20 03/13/25 CD 0 92.68 245,000 227,073 (17,927) 622 02589ACE0 American Express
(40.24%)

2.90% 05/03/22 04/27/27 CD 0 93.43 99,000 92,483 (6,517) 1,397 037833AZ3 Apple Inc 2.50% 03/05/20 02/09/25 Corporate Bond AA+95.61 1,062,000 956,050 (105,950) 590 06406RBA4 Bank New York Mellon
(67.31%)

2.05% 01/26/22 01/26/27 CD A 89.79 504,363 453,298 (51,065) 1,306 06048WS43 Bank of America Corp 2.00% 02/18/22 08/18/25 Corporate Bond A-91.60 500,000 457,995 (42,005) 780 06740KQE0 Barclays Bank 3.00% 05/11/22 05/11/27 CD 0 93.76 245,000 229,719 (15,281) 1,411 130162AF7 California Credit Union 4.10% 09/23/22 09/22/23 CD 0 99.65 245,000 244,145 (855) 84 13063CLW8 California State GO
Bonds (49.63%)

5.00% 05/08/20 10/01/24 Municipal Bond AA-103.95 290,655 257,940 (32,715) 459 13077CY32 California State
University Rev Bonds
(2.34%)

5.00% 05/07/20 11/01/23 Municipal Bond AA-101.85 5,862 5,243 (618) 124 14042TFP7 Capital One Bank
(52.24%)

2.90% 04/27/22 04/27/27 CD 0 93.43 128,000 119,574 (8,426) 1,397 14042RQU8 Capital One National
(20.41%)

2.90% 04/27/22 04/27/27 CD 0 93.43 50,000 46,717 (3,283) 1,397 14042RQU8 Capital One National
(79.59%)

2.90% 04/27/22 04/27/27 CD 0 93.43 195,000 182,176 (12,824) 1,397 15118RUR6 Celtic Bank 1.35% 04/02/20 04/02/25 CD 0 93.06 245,000 227,985 (17,015) 642 15201QCJ4 Centerstate Bank 1.00% 03/30/20 03/31/25 CD N/A 92.39 245,000 226,356 (18,645) 640 17286TAG0 Citadel Federal Credit
Union

1.65% 02/25/20 02/27/25 CD 0 93.95 245,000 230,178 (14,823) 608 17312QJ67 Citibank 3.00% 04/24/18 04/24/23 CD 0 99.63 245,000 244,096 (904) (67) 19075JAB4 Cobalt Federal Credit
Union

3.60% 09/15/22 09/15/27 CD 0 95.79 245,000 234,678 (10,322) 1,538 22551KAU6 Credit Union of Texas 4.40% 12/09/22 12/09/27 CD 0 99.12 245,000 242,844 (2,156) 1,623 24951TAL9 Department of
Commerce FCU
(57.14%)

1.25% 01/07/22 01/07/27 CD 0 87.76 140,000 122,863 (17,137) 1,287 254673D94 Discover Bank 3.20% 05/19/22 05/19/27 CD 0 94.52 245,000 231,574 (13,426) 1,419 27004PCV3 Eaglemark Savings Bank
(80%)

3.25% 06/22/22 06/22/27 CD 0 94.61 195,000 185,440 (9,560) 1,453 29367SJQ8 Enterprise Bank 1.80% 11/08/19 11/08/24 CD 0 95.01 245,000 232,782 (12,218) 497 29367RLM6 Enterprise Bank
(36.73%)

0.85% 05/18/20 05/14/25 CD 0 91.67 90,000 82,494 (7,506) 684 3130ALD76 FHLB 0.70% 02/25/21 02/25/26 Agency AA+88.90 500,000 444,490 (55,510) 971 3130ANSB7 FHLB 1.00% 09/17/21 09/17/26 Agency AA+88.26 1,000,000 882,630 (117,370) 1,175 3130ARGQ8 FHLB 2.88% 04/14/22 04/14/27 Agency AA+93.28 500,000 466,385 (33,615) 1,384 3130ATDV6 FHLB 5.00% 09/30/22 09/30/27 Agency AA+99.20 500,000 495,995 (4,005) 1,553

9.E-10Council Agenda 3-21-2023
Attachment 3
Packet Page 31

City of Pismo Beach
December 31, 2022 QUARTERLY INVESTMENT REPORT
Table 3: For City Pooled Funds A - Basic Data on Investments in Securities:

Government Agency Securities and Bank Certificates of Deposit CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturity
3130AQAU7 FHLB (14%)1.45% 12/29/21 12/29/26 Agency AA+89.11 140,000 124,755 (15,245) 1,278 3130AMS37 FHLB (20%)1.00% 06/24/21 06/24/26 Agency AA+88.88 400,000 355,532 (44,468) 1,090 3130AMCY6 FHLB (25%)1.00% 05/27/21 05/27/26 Agency AA+89.09 500,000 445,435 (54,565) 1,062 3130AMS37 FHLB (30%)1.00% 06/24/21 06/24/26 Agency AA+88.88 600,000 533,298 (66,702) 1,090 3130AMCY6 FHLB (46.7%)1.00% 05/27/21 05/27/26 Agency AA+89.09 934,000 832,073 (101,927) 1,062 3130AMS37 FHLB (50%)1.00% 06/24/21 06/24/26 Agency AA+88.88 1,000,000 888,830 (111,170) 1,090 3130ARGE5 FHLB (50%)3.00% 04/21/22 04/21/27 Agency AA+93.61 250,000 234,028 (15,973) 1,391 3130ARGE5 FHLB (50%)3.00% 04/21/22 04/21/27 Agency AA+93.61 250,000 234,028 (15,973) 1,391 3130AQAU7 FHLB (61.5%)1.45% 12/29/21 12/29/26 Agency AA+89.11 615,000 548,033 (66,967) 1,278 3130ALYC2 FHLB (75.5%)1.14% 04/29/21 04/29/26 Agency AA+89.71 755,000 677,333 (77,667) 1,034 32112UDJ7 First National Bank
McGregor

1.80% 12/30/19 12/30/24 CD 0 94.65 245,000 231,900 (13,100) 549 334342CD2 First National Bank
Syracuse

1.85% 08/30/19 08/30/24 CD 0 95.57 245,000 234,147 (10,854) 427 33715LED8 First Technology 3.70% 08/19/22 08/19/27 CD 0 96.27 245,000 235,862 (9,139) 1,511 3136G4WV1 FNMA 0.75% 06/16/20 06/16/25 Agency AA+91.10 1,000,000 910,950 (89,050) 717 3136G4J61 FNMA 0.57% 08/26/20 08/26/25 Agency AA+90.11 750,000 675,818 (74,183) 788 3136G43L5 FNMA 0.55% 09/30/20 09/30/25 Agency AA+89.79 1,000,000 897,870 (102,130) 823 38149MAJ2 Goldman Sachs Bank 2.70% 05/22/19 05/22/24 CD 0 97.43 145,000 141,268 (3,732) 327 472207AE9 Jeanne D Arc Federal
Credit Union

3.80% 09/30/22 09/30/27 CD 0 96.60 245,000 236,680 (8,320) 1,553 499724AE2 Knoxville TVA Employees
Credit Union (79.6%)

3.30% 09/27/18 09/27/23 CD 0 99.09 195,000 193,238 (1,762) 89 502516QY6 La Canada California
USD

1.75% 04/28/20 08/01/24 Municipal Bond N/A 95.73 571,288 540,852 (30,437) 398 51210SSD0 Lakeside Bank 1.40% 03/30/20 03/31/25 CD N/A 93.18 245,000 228,284 (16,716) 640 61760ARS0 Morgan Stanley 3.55% 11/08/18 11/08/23 CD 0 99.07 245,000 242,729 (2,271) 131 61690UJ68 Morgan Stanley Bank 3.25% 05/19/22 05/19/27 CD N/A 94.72 245,000 232,057 (12,943) 1,419 67054NBC6 Numerica Credit Union 4.95% 11/04/22 11/04/27 CD 0 101.53 245,000 248,741 3,741 1,588 694231AF8 Pacific Enterprise Bank 1.35% 04/09/20 04/09/25 CD N/A 93.00 245,000 227,848 (17,152) 649 69506YRG6 Pacific Western Bank 1.35% 04/16/20 04/16/25 CD 0 93.00 245,000 227,860 (17,140) 656 6966674G6 Palm Springs USD GO
Bonds (4.34%)

0.85% 10/28/20 08/01/24 Municipal Bond AA 94.35 35,078 32,963 (2,115) 398 70962LAS1 Pentagon Federal Credit
Union

0.90% 09/29/21 09/29/26 CD 0 87.33 245,000 213,956 (31,044) 1,187 74909LAC4 Quorum Federal Credit
Union (47.10%)

4.25% 09/30/22 09/29/23 CD 0 99.78 115,407 115,138 (269) 91 75472RAE1 Raymond James Bank 2.00% 08/23/19 08/23/24 CD 0 95.89 245,000 234,918 (10,082) 420 856285K91 State Bank India 2.00% 03/23/22 03/23/27 CD 0 90.14 245,000 220,843 (24,157) 1,362 88241THJ2 Texas Exchange Bank 1.00% 06/10/20 06/13/25 CD 0 91.68 245,000 224,623 (20,377) 714 89236TGT6 Toyota Motor Corp 1.80% 06/05/20 02/13/25 Corporate Bond A+93.97 257,893 234,920 (22,973) 594 90348JTH3 UBS Bank USA 1.25% 03/25/20 03/25/25 CD N/A 92.90 245,000 227,600 (17,400) 634 91435LAB3 University Iowa
Community FCU

3.00% 04/30/18 04/28/23 CD 0 99.62 245,000 244,074 (926) (63) 90331HMS9 US Bank National 2.80% 05/29/20 01/27/25 Corporate Bond AA-96.35 271,250 240,863 (30,388) 577 9128284L1 US Treasury Note
(16.54%)

2.75% 05/12/22 04/30/23 Treasury Note N/A 99.44 1,000,000 986,852 (13,148) (61) 9128284L1 US Treasury Note
(83.46%)

2.75% 05/12/22 04/30/23 Treasury Note N/A 99.44 5,045,375 4,979,608 (65,767) (61) 92891CCP5 Vystar Credit Union 4.45% 09/30/22 09/30/27 CD 0 99.38 245,000 243,469 (1,531) 1,553 938828BN9 Washington Federal
Bank

1.95% 08/28/19 08/28/24 CD 0 95.74 245,000 234,573 (10,427) 425 Total 29,430,170$ 27,561,935$

9.E-11Council Agenda 3-21-2023
Attachment 3
Packet Page 32

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

DEPARTMENT ACTIVITY REPORTS FOR FEBRUARY 2023
RECOMMENDATION:

Receive reports as information only.

BACKGROUND:

The attached monthly department activity reports are for Council’s information.

FISCAL IMPACT:

Not applicable.

ALTERNATIVES:

1. Request additional information from staff.

ATTACHMENTS:

1. Administrative Services Department (Feeser)

2. City Manager's Office (Lewis)

3. Community Development Department (Downing)

4. Fire Department (Lee)

5. Management Services Department (Garcia)

6. Police Department (Smith)

7. Public Works and Engineering (Fine)

8. Tourism and Events Department (Jackson)
Prepared by: Respective departments. Meeting Date: March 21, 2023 City Manager Approval:

9.E-1Council Agenda 3-21-2023
Packet Page 33

City of Pismo Beach - Administrative Services Department Monthly Report – February 2023

KEY REVENUES

Transient Occupancy Tax (TOT)

As of January 1, 2021, TOT revenues are 11% of gross lodging revenues. These revenues reflect approximately 47% of the City’s General Fund budgeted revenues. Preliminary data for January rentals indicate that January 2023 TOT revenues are $615,016 which is below the year ago January 2022 TOT revenues of $822,235 by $207,220, or -25.20%. This is a preliminary amount as not all properties have reported. The following chart illustrates TOT revenues received in FY 2022 and FY 2023 by month.

Sales Tax Revenues

Sales tax revenues represent 1% of taxable sales received by the City. Fiscal Year 2023 sales tax revenues collected through February 2023 amount to $2,026,847, which is below the year-ago total of $2,096,282 by $(69,435) or -3.31% for the same reporting period. Sales tax revenues are typically received 3 months after the month for which it was collected. The following chart illustrates sales tax revenues received in FY 2022 and FY 2023 by the month in which the sales tax was collected.

-
500,000
1,000,000
1,500,000
2,000,000
2,500,000
TO
T

A
m
o
u
n
t
Transient Occupancy Tax (TOT), 11% of gross lodging rents FY 2022
FY 2023

9.E-2Council Agenda 3-21-2023
Attachment 1
Packet Page 34

ECONOMIC INDICATOR

Consumer Price Index (CPI): For the Los Angeles/Riverside/Orange County area, the percent change in the CPI for the twelve months ending in January 2023 was 5.77%.

OPERATIONS

Finance

Budget
• Work Plan Budget Requests: Staff City-wide prepared work plan budget requests to meet the City’s goals for FY 2024 and FY 2025.
• Budget review: Finance staff are reviewing the baseline budget and assisting with work plan budget requests.

Financial Reporting
• State Controller Reports: The following State Controller Reports for the City of Pismo Beach were filed with the State of California:
o Public Financing Agency
o Public Financing Authority
o Public Facilities Corporation
o Transit Operators Financial Transaction Reporting
o Cities Transactions
• FY 2022 Single Audit: The Finance Manager is preparing documents for the Single Audit to report on Federal funds to the City.

Projects
• Parking e-Citations Project Implementation: The Finance Manager is working with the Franchise Tax Board and the Phoenix Group, which is the parking citation provider, to $-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
$500,000
Sa
l
e
s

T
a
x

A
m
o
u
n
t
Sales Tax 1.0% of taxable sales
FY 2022
FY 2023

9.E-3Council Agenda 3-21-2023
Attachment 1
Packet Page 35

implement the Intercept Program. The Intercept Program will capture state income tax refunds and deduct unpaid parking citations from the amounts owed to individuals and remit them to the City.
• Central Coast Blue: Staff is working with WIFIA staff and the City’s municipal advisor on how to structure the Central Coast Blue loan and debt service to ensure the project gets a WIFIA loan.
• City User Fee Study: Staff City-wide are finalizing their time studies for the various City user fees. These time studies will be provided to the City’s user fee consultant to help develop the user fees.
• Water and Wastewater Rate Study: Staff updated the Capital Projects and other budget updates as part of the water and wastewater rate study.

Staff
• Accounting Technician: The Finance Division filled the Accounting Technician vacancy with a new employee, Emily France. Emily will be learning and training on Payroll and TOT collections. We are excited to welcome Emily to the team!

Technology

Projects
• Broadcast System:
o IT assisted the City Clerk with fine tuning and adjusting the camera switching and other components of the broadcast system.
o IT assisted the City Clerk with demos of the City’s broadcast system to neighboring cities. • CAD/RMS Replacement: IT worked with Police to submit an updated California Law Enforcement Telecommunications System application to the Department of Justice for approval of the new Computer Aided Dispatching and Records Management System. • Public Safety Facility:
o IT assisted in responding to RFI’s and coordinated meetings with the City’s surveillance camera and radio contractors.
o IT worked with all City departments to construct a tentative timeline for migration of the Police and Fire staff out of their buildings during construction and identified the dependencies for that migration.
o IT released an RFP for Public Safety Project Management to assist IT with managing the migration of the Police and Fire staff and systems out of their building to temporary facilities during construction.
• SCADA: IT completed a staff report for Council to approve the upgrade of the SCADA server for the Utilities division.

Safety & Security
• e-Citations: IT conducted an e-Citation demo for the Police Department. • Body Cameras: IT staff are replacing the Police Department’s Watchguard body camera uploading stations.

9.E-4Council Agenda 3-21-2023
Attachment 1
Packet Page 36

• Cybersecurity: IT conducted an audit of all user passwords to ensure they’ve been changed recently and cleaned out accounts that are no longer needed.

Accounts Payable February January December
Invoices Entered / Checks Issued:705/325 640/263 873/362 New purchase orders issued:14 10 10
New contract purchase orders issued:10 3 4
Change Orders / Amended PO's issued:4 5 5
Total dollar amount of all PO's issued:993,528$ 537,739$ 777,767$ Total Invoices paid:3,179,728$ 5,313,854$ 4,712,725$ Total No. of Voids processed: 2 0 1
Total Dollar amount of Voids:250$ -$ 49$ Business License Certificates
Renewed Licenses issued / New Licenses 7/19 13/22 39/13 Payroll
New employees entered / Terminations:1 / 6 3 / 1 1 / 2 Auto. Payroll Deposits / Checks Issued:241 / 9 243 / 6 249 / 10 Total gross salary:793,113$ 907,015$ 966,471$ Total net salary:523,371$ 596,007$ 643,072$ Employee file maint. / Retro-pay calcs:27 / 2 21 / 3 29 / 2 Utility Billing
Downtown: Routine Utility Bills:2814 0 2813
Delinquent Utility Bills:0 218 0
Shell Beach: Routine Utility Bills:0 2142 0
Delinquent Utility Bills: 153 0 161
Cash receipts:705,410$ 1,053,717$ 713,846$ Customer accts paid/ACH Direct/Online Bills:2293/0/619 3051/326/721 2061/254/613 48 Hour Notices / Water Lock-Outs:0/0 0/0 0/0
Meter Sets / Meter Change Outs / Demos:1/2/0 1/2/0 1/10/0 Change Orders / Closing Bills:37/28 30/25 45/35
Billing Adjustments / Deposits:12/20 34/38 19/31
Delinquent Closed Invoices / Write-Offs:0/0 0/0 0/0
Administrative Services Department
Statistical Activity Report - February 2023

9.E-5Council Agenda 3-21-2023
Attachment 1
Packet Page 37

CITY MANAGER’S OFFICE ACTIVITY REPORT FEBRUARY 2023

 Met with Council Members to discuss various topics of interest.  Met with Department Heads to discuss various topics of interest.  Met with Jay Fiscalini, Pismo Beach Postmaster
 Attended Short-term Rental Task Force meeting
 Presented at the Advisory Body Quarterly meeting
 Attended the City Council Goal Setting Workshop
 Traveled to the Cal Cities Board Member City Managers Executive Committee meeting
 Traveled to the League of California Cities City Managers Conference  Held Employee Orientations for new employees
 Attended the State of Utility Meeting with PG&E
 Hosted a Department Head Retreat
 Traveled to the Cal Cities Board of Directors meeting  Joined the Visit SLOCal Strategic Direction 2026 Stakeholder Check-in meeting

9.E-6Council Agenda 3-21-2023
Attachment 2
Packet Page 38

February 2023 CDD Monthly Report 1

PISMO BEACH COMMUNITY DEVELOPMENT DEPARTMENT
MONTHLY REPORT FOR FEBRUARY 2023
BUILDING DIVISION٠CODE COMPLIANCE٠PLANNING DIVISION

BUILDING DIVISION

ISSUED PERMITS SUMMARY
Date Permit
Number
Address Description Valuation Total Fees
02/02/2023 B23-000017 161 El Viento Re-roof
Residential
$- $81.40
02/03/2023 B22-000466 288 Miramar
Lane
Solar PV -
Residential
$66,000.00 $841.18
02/03/2023 B23-000016 161 El Viento Solar PV -
Residential
$9,348.00 $445.98
02/03/2023 B23-000018 851 4th Street Solar PV -
Residential
$75,000.00 $948.91
02/03/2023 B23-000037 158 Seacliff
Drive
Plumbing,
Mechanical &
Electrical
$- $127.64
02/03/2023 R23-000005 2411 Price
Street
Commercial $- $97.47
02/07/2023 B23-000049 2031 Costa
Del Sol
Re-roof
Residential
$5,980.00 $85.60
02/13/2023 B23-000019 140 Paddock Solar PV -
Residential
$15,320.00 $445.98
02/13/2023 B23-000020 2561 Coburn
Lane
Solar PV -
Residential
$5,928.00 $445.98
02/14/2023 B23-000054 252 Ocean
View
Re-roof
Residential
$7,400.00 $85.78

9.E-7Council Agenda 3-21-2023
Attachment 3
Packet Page 39

February 2023 CDD Monthly Report 2
Date Permit
Number
Address Description Valuation Total Fees
02/15/2023 B22-000512 134 Morro
Avenue
Residential
Alteration
$2,000.00 $159.23
02/16/2023 B23-000022 830
Wadsworth
Avenue
Residential
Alteration
$18,097.57 $1,226.58
02/17/2023 B23-000031 108 Holly
Way
Solar PV -
Residential
$8,151.00 $445.98
02/17/2023 B23-000040 205 Vincente Plumbing,
Mechanical &
Electrical
$- $349.38
02/17/2023 B22-000541 841 Bay
Street
Residential
Alteration
$55,000.00 $3,428.09
02/17/2023 B23-000009 851 Delano
Street
Residential
Alteration
$25,000.00 $1,613.52
02/17/2023 B23-000065 111 Vista Del
Mar
Re-roof
Residential
$7,100.00 $99.74
02/21/2023 R23-000001 950 Tulare
Street
Revision $- $97.47
02/21/2023 B23-000029 158 Seacliff
Drive
Solar PV -
Residential
$11,856.00 $595.14
02/21/2023 B23-000055 2580 Spyglass
Drive
Re-roof
Residential
$5,250.00 $97.08
02/21/2023 B23-000056 2596 Spyglass
Drive
Re-roof
Residential
$5,250.00 $97.08
02/22/2023 B23-000068 230 Pier
Avenue
Plumbing,
Mechanical &
Electrical
$- $125.22
02/23/2023 R22-000077 139 El Portal Revision $- $97.47

9.E-8Council Agenda 3-21-2023
Attachment 3
Packet Page 40

February 2023 CDD Monthly Report 3
Date Permit
Number
Address Description Valuation Total Fees
02/23/2023 R23-000004 800 Merced
Street
Revision $- $97.47
02/24/2023 B23-000073 867 Norma
Way
Re-roof
Residential
$1,776.34 $511.32
02/27/2023 B23-000052 76 Whitecap
Street
Solar PV -
Residential
$5,187.00 $445.98
02/27/2023 R23-000009 200 Coral
Court
Revision $- $97.47
02/27/2023 B23-000051 2757 Shell
Beach Road
Fire Alarm $3,352.00 $399.34
Total 28 $332,995.91 $13,589.48

NEW APPLICATIONS SUMMARY

Date Permit Number Address Description Valuation
02/01/2023 B23-000001 651 Dolliver Street Sign - Non-
Illuminated
$2,500.00
02/01/2023 B23-000036 341 Main Street Residential
Alteration
$47,000.00
02/03/2023 B23-000037 158 Seacliff Drive Plumbing,
Mechanical &
Electrical
$-
02/03/2023 B23-000049 2031 Costa Del Sol Re-roof Residential $5,980.00 02/06/2023 B23-000050 558 San Luis
Avenue
Solar PV -
Residential
$46,582.00

9.E-9Council Agenda 3-21-2023
Attachment 3
Packet Page 41

February 2023 CDD Monthly Report 4
Date Permit Number Address Description Valuation
02/08/2023 B23-000051 2757 Shell Beach
Road
Fire Alarm $3,352.00
02/08/2023 B23-000053 76 Whitecap
Street
Re-roof Residential $5,237.00
02/14/2023 B23-000054 252 Ocean View Re-roof Residential $7,400.00 02/14/2023 B23-000055 2580 Spyglass
Drive
Re-roof Residential $5,250.00
02/14/2023 B23-000056 2596 Spyglass
Drive
Re-roof Residential $5,250.00
02/15/2023 R23-000008 1269 Costa Brava Revision $-
02/15/2023 B23-000061 202 Encanto Residential
Alteration
$1,650.00
02/15/2023 B23-000057 411 Five Cities
Drive
Commercial
Alteration
$60,000.00
02/15/2023 B23-000058 340 Harloe
Avenue
Re-roof Residential $5,000.00
02/15/2023 B23-000059 342 Harloe
Avenue
Re-roof Residential $5,000.00
02/16/2023 B23-000064 330 Leeward
Avenue
Plumbing,
Mechanical &
Electrical
$-
02/16/2023 B23-000063 330 Leeward
Avenue
Solar PV -
Residential
$28,445.00
02/16/2023 B23-000065 111 Vista Del Mar Re-roof Residential $7,100.00

9.E-10Council Agenda 3-21-2023
Attachment 3
Packet Page 42

February 2023 CDD Monthly Report 5
Date Permit Number Address Description Valuation
02/17/2023 B23-000066 333 Five Cities
Drive 121
Plumbing,
Mechanical &
Electrical
$-
02/21/2023 B23-000052 76 Whitecap
Street
Solar PV -
Residential
$5,187.00
02/22/2023 R23-000011 518 San Luis
Avenue
Revision $-
02/22/2023 R23-000009 200 Coral Court Revision $-
02/22/2023 B23-000068 230 Pier Avenue Plumbing,
Mechanical &
Electrical
$-
02/22/2023 B23-000070 109 Wawona
Avenue
Residential
Alteration
$15,000.00
02/22/2023 B23-000071 334 Montecito
Avenue
Residential
Alteration
$200.00
02/23/2023 R23-000010 516 San Luis
Avenue
Revision $-
02/24/2023 B23-000076 127 Capanna
Court
Solar PV -
Residential
$31,582.30
02/24/2023 B23-000075 815 Tulare Street Solar PV -
Residential
$6,928.00
02/24/2023 B23-000073 867 Norma Way Re-roof Residential $1,776.34 02/26/2023 R23-000013 158 Seacliff Drive Revision $-
02/27/2023 R23-000012 1278 COSTA
BRAVA
Revision $10,000.00

9.E-11Council Agenda 3-21-2023
Attachment 3
Packet Page 43

February 2023 CDD Monthly Report 6
Date Permit Number Address Description Valuation
02/27/2023 B23-000083 123 Wave Avenue Solar PV -
Residential
$-
02/27/2023 B23-000084 123 Wave Avenue Solar PV -
Residential
$5,928.00
02/27/2023 B23-000085 82 La Gaviota Solar PV -
Residential
$5,928.00
02/27/2023 B23-000067 200 Seacliff Drive Solar PV -
Residential
$6,669.00
02/27/2023 B23-000081 68 Capanna Court Residential
Alteration
$7,231.03
02/27/2023 B23-000080 106 Beachcomber
Drive
Residential
Alteration
$7,648.83
02/27/2023 B23-000078 822 Dugan Drive Residential
Alteration
$12,211.00
Total 38 $352,035.50

SPECIAL PROGRAMS AND PROJECTS:
• Development Review Team Meeting was held weekly, and the pending review report was reviewed to ensure timely return on plan reviews among all divisions in the development process.

INSPECTIONS PERFORMED: 166

PLAN REVIEWS:
• Building: 62
• Planning: 9

CODE COMPLIANCE

CASE SUMMARY:
• Cases Closed: 14
• Cases Opened: 8
• Site Visits: 94

9.E-12Council Agenda 3-21-2023
Attachment 3
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February 2023 CDD Monthly Report 7
• Notice of Violation / Citation: 21NOV/3 Citation

PLANNING DIVISION

CITY COUNCIL AND ADVISORY BOARD MEETINGS:
• City Council: Staff prepared reports for and attended the February 7, 2023, and the February 21, 2023, regular meeting.
• Planning Commission: Staff prepared reports for and attended the February 28, 2023, regular meeting.

NEW APPLICATIONS SUMMARY:

Project
Number
Date
Received Address Description
P23-000012 2/24/2023 591 Five Cities Drive Signs for Poppy Markets P23-000013 2/2/2023 Various downtown Film Permit

PROJECT ADMINISTRATION:
• Administrative Reviews: 37
• Discretionary Reviews: 26
• Plan Checks: 62
• Site Inspections: 20

SPECIAL PROJECTS UPDATE/OTHER:
• General Plan/Local Coastal Program: Staff prepared for the study session scheduled for March 2, 2023, to continue reviewing the Safety Element. • General Plan Annual Progress Report: Staff continued work on the General Plan Annual Progress Report.
• Personnel: Interviews for the vacant Planning Manager position were conducted. • Short-Term Rentals: Staff is continuing work on potential modifications to the STR Ordinance following the most recent Advisory Task Force meeting. • Budget: Staff worked on budget tasks for the upcoming Fiscal Years 24-25 budget. • Central Coast Blue: Staff prepared for and attended the February 28, 2023, Board of Supervisor where the consolidated CDP request was approved. • User Fee Study: Staff continued work on tasks necessary for the User Fee Study. • Employee Luncheon: Staff attended the Employee of the Year Luncheon to celebrate those awarded employee of the year.
• Retreat: Staff attended the Department Head Retreat.
• Traffic Safety Committee: Staff attended the TSC meeting to discuss angled parking on Price Street.
• Civil Litigation: Staff testified at a civil trial.
• Father Daughter Dance: Staff attended the Father Daughter Dance and would like to commend the Recreation Division on another wonderful event.

9.E-13Council Agenda 3-21-2023
Attachment 3
Packet Page 45

February 2023 CDD Monthly Report 8
• Oceano Dunes: Staff attended a meeting to discuss the Oceano Dunes mitigation study. • Cal Cities: Staff attended the Cal Cities Planning Department’s monthly meeting and the first meting of the Environmental Quality Policy Committee. • Ebb Tide: Staff investigated the bluff at the Ebb Tide/Cliffs Hotel • Public Safety Facility: Staff attended confidential meetings with the design firms regarding the public safety facility.
• Management Training Academy: Staff attended the final Management Training Academy given by the Tourism and Events Department.
• Coastal Cities Group: Staff attended virtually the Neighborhood Approaches to Sea Level Rise Workshop.

9.E-14Council Agenda 3-21-2023
Attachment 3
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John Owens, Unit Chief

Prepared by: Michelle Pearson, Administrative Assistant Submitted by: Paul Lee, Battalion Chief

Fire Prevention
• 68-Plan reviews (Building/Planning)
• 12-Site visits
• 4-Fire Final
• 2-Emergency response
• 4-Rough/Hydro Inspection
• 1-Special Event
• Special Event Inspection Committee Meeting
• 3 days Firefighter Skill certification
• Update Inspection Forms to 2022 CFC
• CAL FIRE Grant-quote solicitation
Training
• The San Luis Obispo County Haz Mat Team took part in training with the California Civil Support Teams and the FBI Long Beach Haz Mat Team. The 2-day training covered rad detection and how to locate radioactive items from long distances. The training was held at the County Fire Drill Grounds at Camp SLO.

Administration/Vegetation Management
• Fire staff was successful in being awarded a $80,000 Assistance to Firefighters Grant from FEMA. This grant will provide funding for handheld radios for Station 64, Station 63, FC Byrnes and BC Lee. This grant is extremally competitive, and the grant process is extensive.

• Fire Administration continues to work with CAL FIRE on a Wildfire Prevention Grant. This grant has the potential to fund needed equipment for vegetation management. Captain Byrnes secured a quote for equipment the City would like to purchase if successful in the CAL FIRE Wildland Fire Prevention Grant.

Michelle Pearson is working on the grant application as it is due by March 15th. If successful, the City would receive approximately $200,000 in grant funding for the vegetation management equipment.

• Week of 2/13-Station 64 personnel took all gas powered 4 cycle engines off the Fire Engines and replaced with battery operated equipment. The lights and fans February 2023 Activity Report

9.E-15Council Agenda 3-21-2023
Attachment 4
Packet Page 47

have been replaced with tools that weigh half as much and deploy much faster.

The generators were also removed reducing weight and increasing space on the engines.

• Week of 2/20-Crews funded by the Fire Safe Council conducted some work in Long Canyon behind City Hall. The crews sprayed for French Broom, a plant that is invasive that chokes out most other native species. This is a collaboration with the Fire Safe Council and Local Ranchers. The goal is to keep French Broom out of the Pismo Preserve and the City. The 1000 Hills RX Burn will also help control French Broom.

Lifeguards/Junior Lifeguard Program
• The Ocean Lifeguard recruitment produced 12 applicants, 8 of the applicants rsvp’d for the required swim test (s) and 3 passed the swim test and interview process. Hiring Lifeguards is proving to be difficult Statewide and although the City does their due diligence in advertising, most applicants come by way of word of mouth from our current Lifeguards.

• The Junior Lifeguard Program dates have been set and preparations have been made for swim tests, competitions, and session schedules. We are hoping for another successful year with this new format of two 3-week sessions.

9.E-16Council Agenda 3-21-2023
Attachment 4
Packet Page 48

February 2023 Stats

Number of Calls % Type of Incident
0 0.00% Debris
86 81.90%Emergency Medical
0 0.00%Fire Alarms
0 0.00%Fire Menace Standby
1 0.95% Flooding
2 1.90%Gas Leak
3 2.86% Other
10 9.52%Public Service Assistance
0 0.00%Smoke Check
0 0.00%Structure Fire
3 2.86%Traffic Collision
0 0.00%Vehicle Fire
0 0.00%Wildfire
105 100.00%
Incidents by City Response Area
Medicals Other % Descriptive Area
8 1 8.57% Palisades A
9 0 8.57% Spyglass B
5 1 5.71%Shell Beach Village C
5 0 4.76%Mattie Rd D
6 1 6.67% Shorecliff E
8 6 13.33% Downtown F
10 6 15.24% Heights G
9 2 10.48% Ventana H
13 1 13.33%Trailer Parks I
9 1 9.52%Five Cities Dr J
4 0 3.81%James Way K
Total 105 100.00%

9.E-17Council Agenda 3-21-2023
Attachment 4
Packet Page 49

MANAGEMENT SERVICES DEPARTMENT

MONTHLY ACTIVITY REPORT

FEBRUARY 2023

MANAGEMENT SERVICES DEPARTMENT

CITY CLERK

ADVISORY BODIES
• 2023 Annual Advisory Body interviews were held February 14 and February 16, 2023. • City Council conducted interviews of roughly 30 applicants to fill 11 routine advisory body vacancies plus two newly-created Traffic Safety Committee Resident Seats, and appoint the City’s representative on the SLOCOG Citizens Transportation Advisory Committee. The City will be welcoming five new advisory body members.

ELECTIONS & POLITICAL REFORM
• Ongoing annual Form 700 processing. Annual statements are due April 3, 2023.

RECORDS MANAGEMENT
• Ongoing review of numerous records requests.
• Ongoing coordination with the City’s claims handlers and counsel to provide relevant records. • Began email discovery in one litigation matter.
• Ongoing discovery in three matters.

CPRA REQUESTS COMPLETED
• DePue, 950 Stratford Street Permits
• Jones, Sweatland Police Records
• McGrady, STR List
• Tindula, Mang Evidence File
• Tindula, Shell Beach Road
• Donahue, 196 Irish Way Complaints
• Frye, Collections Boutique Business License
• Gallagher, Elevation Certificates for 200 and 140 S Dolliver • Haupt, Prichard Complaints
• Meder, 645 and 649 Vista Pacifica
• Oshea, 125 Florin Street Building Plans

HUMAN RESOURCES
• Recruitment:
o Police Officer Lateral
o Police Officer Academy Grad or Academy Enrollee
o Police Recruit
o Wastewater Plant Operator
o Ocean Lifeguard
o Accountant PT
o Office Assistant PT
o Regulatory Compliance TBD

9.E-18Council Agenda 3-21-2023
Attachment 5
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o Community Service Technician

• Interviews:
o PT Recreation Coordinator I & II - February
o Maintenance Worker PT – TBD
o Pt Office Assistant
o Planning Manager – February 24
o PT Recreation Coordinator I & II – March 2
o Wastewater Operator – March 3
o Parking Enforcement Technician – February 16
o Maintenance Worker PT – TBD
o Ocean Lifeguard – swim test

• Backgrounds
o Police Officer Lateral
o PT Office Assistant

• Conditionals:
o Maintenance Worker – Landscape and Sanitation Tech
• Offers:
o Maintenance Worker – Landscape and Sanitation Tech

• New employee orientation:
o Accounting Technician

TRAINING AND STAFF DEVELOPMENT
• Staff participated in a training webinar presented by Liebert, Cassidy, Whitmore on Public Customer Service. This workshop offered insight on the benefits and responsibilities of public servants including working with constituents in productive and meaningful ways.

LEGISLATIVE AFFAIRS
• Provided a letter of support to the County of San Luis Obispo for a grant that would provide homeless funds to Grover Beach for a new supportive housing in their community.

RISK MANAGEMENT

LIABILITY CLAIMS RECEIVED

• SafePlay by Design - Perez, Pismo Pier slide
• Haumont, back up of sewer line
• Marvos, Sweatland investigation
• SafePlay by Design – Beard, Pismo Pier Slide
• SafePlay by Design – Bravo, Pismo Pier Slide
• Pineo, sewer backup

9.E-19Council Agenda 3-21-2023
Attachment 5
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OTHER
• The Public Safety Facility project proposals were due on March 2, 2023. The City responded to 52 Request for Information from the Design-Build Teams. We are excited to receive the proposals and complete the rankings. Once we can confirm that we have complete proposals, we will schedule the City Council presentations.

9.E-20Council Agenda 3-21-2023
Attachment 5
Packet Page 52

Pismo Beach Police Department
1000 Bello Street, Pismo Beach, CA 93449
(805) 773-2208
www.pismobeach.org/police
Monthly Activity & Crime Statistics Report
February 2023
Date Posted_________
Submitted: 03/13/2023 9.E-21Council Agenda 3-21-2023
Attachment 6
Packet Page 53

PISMO BEACH POLICE DEPARTMENT
FEBRUARY 2023

MONTHLY ACTIVITY AND CRIME STATISTICS

Table of Contents

Activity Report
Office of the Chief…………………………………………………………………….… 1
Training Report…………………………………………………………………………. 1
Volunteers Summary…………………………………….…………………………….. 1
Overtime & Salary………………………………………………………………………. 2

Investigations Statistics
Routine Investigations………………………………………………………………….. 3
Investigation Management…………………………………………………………….. 3
Property & Evidence……………………………………………………………………. 3
Compliance & Permits………………………………………………………………….. 3
Special Operations……………………………………………………………………… 4

Crime Statistics
Workload Trends & Crime Statistics………………………………………………….. 5 Arrests, Citations, & Traffic Activity…………………………………………………… 6 Heatmap & Activity Analysis…………………………………………………………… 7

9.E-22Council Agenda 3-21-2023
Attachment 6
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PISMO BEACH POLICE DEPARTMENT
FEBRUARY 2023

MONTHLY ACTIVITY AND CRIME STATISTICS

OFFICE OF THE CHIEF

1. During the month of February, Administrative Staff focused on budget needs in the coming two years.

2. On February 9, 2023, Chief Smith participated in the Oral Board for Morro Bay Police Chief interviews.

3. From February 15 - 17, 2023, Chief Smith attended the Department Head Retreat in Carmel.

4. On February 21, 2023, staff met to discuss recruitment strategies for sworn personnel.

5. From February 22 – 24, 2023, Chief Smith attended a League of Cities Board Meeting in Artesia.

6. On February 25, 2023, Chief Smith and his wife, Jen, attended the Pismo Chamber Dinner.

MONTHLY TRAINING REPORT

POLICE VOLUNTEERS SUMMARY

Volunteers were active throughout February. They conducted court runs, records, parking enforcement, vacation checks and property/laboratory deliveries.

Volunteer Service Hours
Patrol 3.50
Special Events 0.00
Administrative 75.00
Call-Outs 0.00
Training/Misc. 3.00
Total Hours 81.50

Type of Training Attending Personnel Hours
SWAT Monthly Training 1 Officer 24
Lexipol Daily Training Bulletins 20 Officers, 9 Non-Sworn 43.5 Briefing Training 18 Officers 36
Advanced Traffic Stops (Webinar) 1 Officer 16
Motor School 1 Officer 80
Less Lethal Instructor 1 Officer 16
OIS Supervisor 1 Officer 24
Advanced Threat Assessment 1 Officer 8
Search Warrant Fundamentals (LP) 1 Officer 3
Range 19 Sworn 57
Tactical Mission Planning 1 Commander 24
Department Head Retreat 1 Chief 16
Total Hours 347.5

9.E-23Council Agenda 3-21-2023
Attachment 6
Packet Page 55

PISMO BEACH POLICE DEPARTMENT
FEBRUARY 2023

MONTHLY ACTIVITY AND CRIME STATISTICS

OVERTIME & SALARY

Total Overtime Budgeted FY 2023 $316,877.00
Total Overtime Spent YTD $165,425.85
Percentage Overtime Spent YTD 52.21%

Total Salary Budgeted FY 2023 $3,917,960.18
Total Salary Spent YTD $2,292,187.28
Percentage Salary Spent YTD 58.50%

9.E-24Council Agenda 3-21-2023
Attachment 6
Packet Page 56

PISMO BEACH POLICE DEPARTMENT
FEBRUARY 2023

MONTHLY ACTIVITY AND CRIME STATISTICS

INVESTIGATIONS STATISTICS

Routine Investigations
Arrests 0
Total Cases Worked 7
- Property Crimes 5
- Person Crimes 1
- Sex Crimes 0
- Other Criminal 1
- Other Non-Criminal 0
Supplemental Reports Completed 3
- Closed Cases – Misdemeanor 0
- Closed Cases – Felony 1
- Cases Filed with DA – Misdemeanor 0
- Cases Filed with DA – Felony 1
- Informational only 1

Investigation Management
Cases Assigned – Current 22
Cases Reviewed 52
Missing Person Cases Reviewed 1

Property and Evidence
New Property Cases 2
Property Purged 48
Physical Property Booked 119
Digital Property Booked 208
Property Auction 0
Evidence Processed 2
Fingerprint Submitted 1

Compliance and Permits
Annual PC 290 Registration Renewals 1
CCW Background Investigations 0
H&S 11590 Registration 0
PC 451.7 Arson Registration 0
Massage Establishment/Practitioner Permits 5

9.E-25Council Agenda 3-21-2023
Attachment 6
Packet Page 57

PISMO BEACH POLICE DEPARTMENT
FEBRUARY 2023

MONTHLY ACTIVITY AND CRIME STATISTICS

Special Operations
Massage Sting Operation 0
- Arrests 0
290 PC Compliance 0
Alcohol Sting Operation 0
- Arrests 0
Tobacco Sting Operations 0
Prostitution Sting Operations 0
Warrants Authored 9
Warrants Served 9

9.E-26Council Agenda 3-21-2023
Attachment 6
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WORKLOAD Feb 2023 Feb 2022 Jan 2023 Variant % Change YTD 2023 YTD 2022 Variant % Change Calls For Service 1,724 2,178 1,942 -218 -11.2%3,666 4,382 -716 -16.3% Community-Generated Calls 1006 1299 919 87 9%1,925 2,728 -803 -29% Self-Initiated Activities 718 879 1023 -305 -30%1,741 1,654 87 5% Incident Reports 142 230 146 -4 -3%288 446 -158 -35%
9-1-1 Calls 643 672 586 57 10%1,229 1,349 -120 -9%
Arrests 83 126 82 1 1%165 259 -94 -36%
Citations & Warnings 168 168 243 -75 -31%411 555 -144 -26% Parking Citations 963 1,180 1,022 -59 -6%1,985 2,755 -770 -28% Total Workload 3,723 4,554 4,021 -298 -7%7,744 9,746 -2,002 -21% PART 1 CRIMES
Arson 0 0 1 -1 -100%1 0 1 100%
Assault (Aggravated)1 3 0 1 100%1 6 -5 -83%
Auto Theft 2 0 2 0 0%4 1 3 300%
Burglary 10 10 6 4 67%16 13 3 23%
Homicide 1 0 0 1 100%1 0 1 100%
Larceny 11 9 21 -10 -48%32 27 5 19%
Rape 0 2 1 -1 -100%1 2 -1 -50%
Robbery 0 2 1 -1 -100%1 2 -1 -50%
Total Pt 1 Crimes 25 26 32 -7 -22%57 51 6 12%
0 0%0%
PART 2 CRIMES
Assault (Simple)6 2 5 1 20%11 8 3 38%
Disorderly Conduct 7 6 3 4 133%10 15 -5 -33%
DUI 8 8 4 4 100%12 17 -5 -29%
Forgery/Fraud 5 0 7 -2 -29%12 2 10 500%
Narcotics Offenses 12 30 12 0 0%24 66 -42 -64%
Sex Offense 0 0 0 0 0%0 3 -3 -100%
Vandalism/Graffiti 6 12 7 -1 -14%13 21 -8 -38%
Warrant Arrest 26 46 30 -4 -13%56 90 -34 -38%
Weapons 4 3 2 2 100%6 6 0 0%
Other*2 5 1 1 100%3 7 -4 -57%
Total Pt 2 Crimes 76 112 71 5 7%147 235 -88 -37%
FEBRUARY 2023

PISMO BEACH POLICE DEPARTMENT

MONTHLY ACTIVITY AND CRIME STATISTICS
*Other Part 2 Crimes include: Court Order Violations, Embezzlement, Kidnapping, Liquor Laws, Stolen Property, and Trespass 1299 1210 1271 1307 1407 1602
1339 1265
1051 1016 1000 919 1006
879
1124 997 940 890
1216
944 1016 1056
793 813
1023
718
230 203 199 213 221 263 200 217 200 163 154 146 142
Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 WORKLOAD TREND Community-Generated Calls Self-Initiated Activities Incident Reports

9.E-27Council Agenda 3-21-2023
Attachment 6
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ARRESTS Feb 2023 Feb 2022 Jan 2023 Variant % Change YTD 2023 YTD 2022 Variant % Change Adult 83 122 80 3 4%163 255 -92 -36%
Juvenile 0 4 2 -2 -100%2 4 -2 -50%
Total Arrests 83 126 82 1 1%165 259 -94 -36%
0%
CITATIONS 0%
Traffic Violation Citations 72 36 103 -31 -30%175 208 -33 -16% Infraction 50 25 76 -26 -34%126 146 -20 -14%
Hazardous 0 0 0 0 0%0 0 0 0%
Misdemeanor 22 11 27 -5 -19%49 62 -13 -21%
Felony 0 0 0 0 0%0 0 0 0%
All Other Citations 62 49 89 -27 -30%151 260 -109 -42%
Warnings 34 22 51 -17 -33%85 87 -2 -2%
Parking Citations 963 1,180 1,022 -59 -6%1,985 2,755 -770 -28% Total Citations 1,131 1,287 1,265 -134 -11%2,396 3,310 -914 -28% TRAFFIC ACTIVITY 0%
Traffic Stops 221 350 335 -114 -34%556 661 -105 -16%
Traffic Accidents 5 14 4 1 25%9 23 -14 -61%
DUI 2 2 1 1 100%3 4 -1 -25%
Hit & Run 3 3 2 1 50%5 4 1 25%
Injury 0 0 1 -1 -100%1 3 -2 -67%
Property Damage Only 5 14 3 2 67%8 20 -12 -60%
0 0 0 0 0
0 0
0 4
0 2
1 4

MONTHLY ACTIVITY AND CRIME STATISTICS
FEBRUARY 2023

PISMO BEACH POLICE DEPARTMENT
276
335
221
106
178
111
30 32
33 DEC
JAN
FEB
3 MONTH TRAFFIC STOPS ACTIVITY
Led to Arrest
Led to Citation
Vehicle Stops
40%
60%

MONTHLY TRAFFIC COLLISION
CAUSES
DUI
Failed to Stop
Failed to Yield
Other
Unsafe Speed
Unsafe Start/Back
Unsafe Turn/Lane
Change

9.E-28Council Agenda 3-21-2023
Attachment 6
Packet Page 60

Jun 2019 Jul 2019
71%of reported actvity occurred between the hours of 7:00 a.m. and 6:59p.m. 29%of reported activity occurred between the hours of 7:00 p.m. and 6:59 a.m. 30%of reported activity occurred on the weekend.

Monthly Activity Analysis

PISMO BEACH POLICE DEPARTMENT
FEBRUARY 2023

MONTHLY ACTIVITY AND CRIME STATISTICS
Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8 Zone 9 Zone 10 Zone 11 Zone 12 Zone 13 (OUT)
Percent 1.4%3.5%2.8%7.7%16.9%12.7%31.7%12.0%2.1%0.0%2.1%7.0%0.0% 2 5 4
11 24
18 45
17 3 0 3
10 0
Case Reports Per Zone
Sun
15%
Mon
18%
Tues
15%Wed
11%
Thurs
12%
Fri
14%
Sat
15%

ACTIVITY BY DAY OF WEEK
Days
71%
Nights
29%

ACTIVITY BY SHIFT

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PUBLIC WORKS DEPARTMENT
FEBRUARY 2023

CAPITAL IMPROVEMENT PROJECTS
Police Department Annex
• Architect developing construction drawings for building permit.

Pier Ave Stairs Closure
• Site included in request to FEMA for January storms.

Toucan Terrace Sewer Pipeline Trestle Bridge
• Design consultant finalizing the construction plans and specifications in preparation for bidding.

North Shell Beach Rd Storm Drain Repair
• Anticipated start date April 17, 2023.

Palisades and Chumash Parks
• Consultant completing construction plans for permitting and construction bidding.

Bello and Price Canyon Signal
• Consultant is finalizing draft intersection design alternative analysis report.

Bello Bridge Trail
• Staff working with permitting agencies to modify existing permits to allow for construction.
• Staff working with Caltrans LA based on damage from 2023 storms on revegetation.

Ocean Blvd Improvements
• Contractor still needs to:
o Complete patch back paving.
o Hydroseed.
o Complete concrete flatwork within project limits.
o Install truncated domes on ADA curb ramps.
o Install chain and bollard.
o Install handrailing on new stairs.
o Install guard railing all along new seawalls.
o Estimated completion in June 2023.

James Way Beautification Project
• 60% plans have been submitted and are in review by City Staff. • Authorization to bid going to Council on February 21, 2023.

Ventana Tennis Courts
• 90% specifications are under review and a building permit is pending. • Authorization to bid going to Council on February 21, 2023.

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Corp Yard Remodel/Addition and City Hall Improvements
• Staff working with Building Department, Architect and Contractor to complete final inspections.

Park Signs
• Park sign design will be taken to the PRBC in March 2023.

Addie Street Restrooms and Parking Enhancements
• Options for restroom design will be taken to the PRBC in March 2023. • Staff getting proposals from consultants for plans for the project.

Paving Project
• Construction on Mattie Road in progress, estimated completion mid-March 2023, weather pending.
• Construction of sidewalk on Spyglass Drive under 101 underway estimated completion mid-March 2023.

Chapman Estate ADA Bathroom
• Contract documents have been completed, waiting for purchase order to be issued before issuing the Notice to Proceed.

Spyglass Dog Park
• Consultant has provided a Site Analysis Plan for staff review. • Consultant preparing proposal to provide plans for construction bidding.

Palisades Tennis/Pickleball/Basketball Courts
• Consultant has prepared a Site Analysis Plan for parking and restroom addition. • Consultant preparing proposal to provide conceptual level exhibits for additional parking, restroom, and pedestrian connectivity.

PUBLIC WORKS OPERATIONS
Water
• Normal operations.
• Installed rebuilt motor at Shell Beach Boost station. • Replaced 3 valves at Capistrano and Ocean Blvd.
• Valve replaced at intersection of Ocean Blvd and Castaic.

Wastewater
• Normal operations.
• Began cleaning hot spots City wide.
• Responded to a sink hole report and found that a contractor had bored through our sewer line on James Way. WW staff responded and secured the site until the contractor came back to repair on Tuesday morning.

Public Facilities
• Normal operations.
• Maintain bench/bluff closure at Palisades and Ocean Blvd. • Install Ped/Bike signs on Shell Beach Road multi-use path.

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• Continued Pothole patching City wide.
• Continued City wide sidewalk inspections.
• Maintain trash during WSL surf contest.
• Estimates for Bello Vets Hall Paint.
• Estimates for repairs at Chumash P Closed Ebb Tide stairs due to landslide. • Painting stop bars on Price Street.
• Set up mockup for proposed parking changes on Price Street. • Red curb painting city wide ark.
• Parking lot and street striping.

ENGINEERING ACTIVITIES
Development Review/Permits/Inspections
• 2655 Shell Beach Road – Contractor continued installing water main. • Hanford/Shaffer Lane Development – No activity.
• Addie street sidewalk – Pre-con meeting held February 1, 2023. • South Beachcomber Drive – Coastal Development Permit for 20 new residential lots off of Shell Beach Road. Vesting Tract Map Has been reviewed by City Staff and comments are into the developer.
• 4th Street Peoples Self Help Housing project – Contractor continues with onsite work. • 4th Street Gas Station – Contractor continues with onsite work. • 401 Shell Beach Road (old Dell’s Building) - Applicant submitted final subdivision map for review and comments.
• Working with developer at 2900 Shell Beach Road, Tract 3043, to final development per the PIP’s and take to Council for Notice of Completion and release of bonds.

OTHER ACTIVITIES

During the month of February project development review, staff performed 15 plan checks.

Engineering staff issued 7 encroachment permits and performed 24 field inspection during the month.

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March: N/A
YTD: N/A

VIC Walk-In Count: N/A
Daily Average: N/A

International visitors:

N/A

Inquiries/Comments
N/A

• Sent Visitors Guides to South Dakota, Arizona, Nevada, California, Colorado, Montana, Nebraska, Idaho, Washington, Louisiana, New York, Pennsylvania, Georgia, Florida, Illinois, Oregon, Iowa and Ohio. • Received leads from Visit California and added recipients to our newsletter. • Sent 25 Visitors Guides to Sacramento.
• Finalized design and layout for kids coloring book and got it sent to the printers for a proof. • Compiled a list of over 100 volunteer organizatfons to assist with upcoming events and began contactfng. • Processed PO for collateral order.
• Confirmed domain registratfon informatfon for pismobeachtravellog.com, classiccalifornia and classic- california.
• Contfnued receiving inquires for Clam Paintfngs.
• Working with Five Citfes Youth Baseball and the City Attorney to verify their insurance will meet the City’s requirements for the use of the Pismo Sports Complex.
• Scheduled Car Show downtown walk with PD and PW.
• Received updated collateral items with new logo.
• Researched lodging propertfes for RFP for Resort Inventory Group. • Scheduled tfmes to meet with photographer/videographer at Chapman for updated creatfve. • Began reaching out to lodging partners to gather contact informatfon for General Managers and Directors of Sales.
• Processed invoices for most recent collateral order.
• Processed an invoice for California Luxury Forum FAM Trip. • Contfnued receiving and working on new agenda items.
• Began putting together the informatfon for new CVB/LBID Board Member orientatfon. • Put together show binder for Go West.
• Ordered new name placard for new CVB/LBID Board Member. • Received inquires for a possible band for Clam Festfval. • Sent out July 4th Vendor Applicatfons.
• Researched event venue costs for fee schedule meetfng. • Scheduled Easter paintfng for the clam at Pismo Coast Village. • Reached out to CAL FIRE for an updated Fire Regulatfons form for upcoming event vendors. • Created an invitatfon for the Chapman Estate Foundatfon Neighborhood Gathering. • Worked with TJA to update Chapman Estate page on ExperiencePismoBeach.com • Scheduled orientatfon meetfng for new CVB/LBID Board Member.

9.E-33Council Agenda 3-21-2023
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PLATFORM NEW THIS MO. TOTAL FANS/VIEWS
Facebook 130 205,613
Twitter 4 6,171
Instagram 250 70,351
YouTube 262 643,560
E-Newsletter -94 62,653
Pinterest 1,386 1,386

ExperiencePismoBeach.com THIS MONTH YEAR TO DATE
Total Sessions 80,777 637,724
Average Daily Visitors 2,884 2,624
All Lodging Referrals 5,289 42,305
Jack Rabbit Referrals 1,640 15,636
• Agenda Review Meetfng
• Department Head Meetfng
• SLO Coast Wine Collectfve Marketfng Meetfng
• Chapman Executfve Meetfng
• Chapman Foundatfon Board Meetfng
• City Council Meetfng
• SLO Coast Wine Collectfve Marketfng Committee
Meetfng
• Downtown Parking Meetfng
• CCTC Board of Directors Meetfng
• Department Head Retreat
• Chapman Marketfng Meetfng
• Water Pressure Meetfng with Public Works
• Chapman Budget Meetfng
• SEC Meetfng
• Car Show Townhall Meetfng
• Go West in Anchorage, AK
• CLIA Board Meetfng

• Received SEC permit applicatfon for a Celebratfon
of Life, a beach wedding, ISA Para Surfing Champi-
onships, AIDS/LifeCycle and Cal Poly Beach Bash.
• Working with Just Cruzin Productfons, Pismo
Chamber and City staff to schedule Car Show
event organizers attend SEC meetfng and Down-
town Business Meetfng in February.
• Received SEC permit applicatfons for Art in the
Park and requested they work with Recreatfon on
securing their event dates.
• Scheduled Car Show and City to the Sea event
organizers to attend the Feb. SEC meetfng.
• Received SEC payment for Car Show, House of
God, Stfll Frothy and Celebratfon of Life.
• Reached out to beach wedding applicant, Art in
the Park organizer and House of God Church
event organizer to discuss details before SEC
meetfng.
• Put together SEC agenda packet and worked with
applicants to get fees paid and answer any out-
standing questfons before the meetfng next week.
• Issued SEC permit for Basin Street Regulars Sun-
day Sessions.
• Updated SEC calendar and included that info with
the SEC agenda.
• Also sent out the SEC calendar to CVB Visitor Cen-
ter hosts.
• Received insurance for Pismo Chamber events
and Basin Street Regulars Sunday Sessions.
• Delivered Visitors Guides to local lodging proper-
tfes.
• Received new Tide Books and delivered them to
the Visitors Center and Airstream for distributfon.
• Sent out March Schedule.
• Closed Airstream multfple days due to rain.
• VIC hosts are reaching out to local businesses for
updated brochures.
• Putting together a system to track businesses that
have been contacted, requested items, pick up /
drop off days for items.
• Sent applicatfons out for possible AAA event and
luncheon.
• Scheduled a site tour for possible wedding.
• Conducted four site tours.
• Sent out applicatfons for two wedding inquires.
• Scheduled Docent Training for all CVB Staff to
attend.
• Worked on updatfng Chapman Estate Membership
cards for 2023.
• Sent out informatfon for two future estate in-
quires.·
• Contfnued working on Chapman Estate Marketfng
Plan.

9.E-34Council Agenda 3-21-2023
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• https://www.encinitasadvocate.com/sports/story/2023-02-03/encinitas-surfer-levi-slawson-wins -slo-cal-open-at-pismo-beach
• https://www.theprogressnews.com/tns/california-s-final-monarch-butterfly-count-is-in-and-it-s- even-better-than-last/artfcle_6ef7825c-a337-11ed-86b5-0f51bb058910.html • https://barbados.loopnews.com/content/bajan-surfer-josh-burke-places-5th-world-surf-league- qualifiers
• https://jamaicans.com/jamaican-surfer-nathaniel-bailey-among-28-to-receive-scholarships-from- internatfonal-surfing-associatfon/
• https://rebusinessonline.com/ksl-capital-partners-buys-five-boutfque-hotels-along-californias- central-coast/
• https://pasoroblespress.com/news/paso-robles-inn-acquired-by-private-equity-firm/ • https://www.theepochtfmes.com/monarch-butterflies-making-small-comeback-despite-cold- weather-torrentfal-rains_5033170.html
• https://www.sfgate.com/shopping/artfcle/hotels-jacuzzi-in-room-california-17767034.php • https://lodgingmagazine.com/ksl-resorts-adds-five-hotels-on-california-coast/ • https://www.hotelmanagement.net/operate/ksl-resorts-adds-five-california-propertfes • https://www.hotelmanagement.net/operate/hilton-other-hotel-companies-name-new-leaders • https://www.edhat.com/news/monarch-conservatfon-efforts-on-the-central-coast-receive-10- million
• https://www.sanluisobispo.com/entertainment/restaurants/artfcle272189718.html • https://keyt.com/news/santa-maria-north-county/2023/02/10/pismo-beach-preps-for-super- bowl-lvii-festfvitfes/
• https://www.noozhawk.com/sunset-at-pismo-beach/
• https://www.sanluisobispo.com/entertainment/restaurants/artfcle272189718.html • https://www.theweek.co.uk/arts-life/travel/959608/slo-cal-california-foodie-hotspot • https://keyt.com/news/san-luis-obispo-county/2023/02/14/people-on-the-central-coast-are- finishing-off-their-valentfnes-day-at-pismo-beach/
• https://anchorandhopesf.com/how-to-cook-pismo-clams/ • https://newspress.com/classic-car-sundays/
• https://usatales.com/sand-dunes-in-california/
• https://trotterhop.com/boutfque-hotels-pismo-beach-california/ • https://www.youtube.com/watch?v=nIpYCh0dNus
• https://www.travelerstoday.com/artfcles/49523/20230222/planning-your-family-travel-vacatfon -across-california.htm
• https://www.sanluisobispo.com/news/business/artfcle272496717.html • https://www.independent.com/2023/02/25/full-belly-files-s-l-o-coastfng/ • https://original.newsbreak.com/@dollar-deals-1600600/2937116876348-10-best-beaches-in- california-for-a-family-vacatfon
• https://www.kenoshanews.com/news/local/road-trippin-15-days-from-kenosha-to-los-angeles- and-back/artfcle_5f2f4462-b46d-11ed-9f33-f785604a73ea.html • https://tophotel.news/ksl-to-invest-in-newly-acquired-california-boutfque-hotel-portiolio/

9.E-35Council Agenda 3-21-2023
Attachment 8
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RECREATION PROGRAMS
• Winter adult programs for February include Yoga, Surf, Tae Kwon Do, Qi Gong, Judo and Latfn/Ballroom Dance, Line Dancing, Watercolor, and Low Impact Fitness class.
• Recreatfon registered 75 partfcipants per week for recreatfon programs in December. • Recreatfon contfnues to register partfcipants over the phone to answer questfons relatfng to upcoming classes and programs. For our actfve adults, phone transactfons and registratfons are preferred.

SPECIAL EVENTS
• Father Daughter Dance February 4 – This year’s theme, “Hawaiian Luau” brought a tropical paradise to the Pismo Beach Vets Hall. The event was SOLD-OUT with over 260 dads and daughters enjoying island themed treats and dancing.

This annual event contfnues to be a hallmark for Recreatfon. • Senior Dance February 13 – The island / valentfnes themed dance had 33 partfcipants this month. Lunch included Spaghetti and Meatballs, salad, and desserts and the music was provided by the Swingin’ Bridge Band. • Egg-Stravaganza April 8 – Planning well underway. Vendors have been contacted, and volunteers are being recruit- ed. Eggs are being filled with assistance from PathPoint. This event features carnival games, bounce houses, live enter- tainment, crafts, and an egg-hunt for multfple age divisions. • Mother’s Day Concert May 14 – This kickoff to our Pacific Breeze Concert Series will feature the Damon Castfllo Band.

Sponsorships for the Pacific Breeze Concert Series has been strong. • California Beach Volleyball tournament dates have been secured. There will be four tournaments, May -August. This year, at the request of the public there will be two women ’s and two youth tournaments. • Neighborhood events and senior events have been discussed and preliminary planning has begun. Dates and loca- tfons to be confirmed soon. We estfmate a combined 7 events for 2023.

ACTIVITY GUIDE
• The summer actfvity guide was our primary focus for the month . Staff reached out to current and new instructors regarding camps and programming for the summer season.
• Guide dates, locatfons, and fees being adjusted.
• Halls and Parks are being reserved for upcoming programming. • Graphic design for cover and programming being updated.

Guide will be finalized for printfng in mid -March for early April distributfon.

FACILITIES
• New facility coordinator contfnues to train for her role. • The Facility Attendant, Security Guard, and Janitorial service schedule is constantly updated as needed to reflect new rentals.
• Recreatfon communicated with special events and regular rentals regarding park applicatfon, fees, and rental details. • Recreatfon sent the Janitorial service the monthly calendar for programs and cleaning schedule. • Recreatfon Manager and Public Works met with Five Citfes Youth Baseball regarding upcoming season and contract.

Contract has been signed for FY23, opening ceremonies are expected to begin in March pending weather. • Chumash Park, closed due to damage from storm.
• Volleyball courts, closed due to storm damage. Working with Public Works on date for maintenance and raking the sand, removal and installatfon of poles for season.
were made by Recreatfon Manager for submittal.

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ADOPT-A-BENCH
• 4 Memorial bench plaques were installed this month. Installatfons were delayed due to wet conditfons. • Adopt-a-bench inquires contfnue with currently the only benches along Shell Beach Road Streetscape and pier picnic tables available for adoptfon.

Recreatfon staff contacted public works to scheduling a meetfng to develop a plan to strategically replace worn benches in need of replacement.

PUBLIC ART PROJECTS l PRBC
• Artfst contracts for Shell Beach Streetscape stop signs were prepared. Recreatfon Manager contacted Artfsts to con- firm schedule and fees for their work.

ADMINISTRATIVE
• Instructor payments and cash reconciliatfon were completed on a weekly basis. • Follow-up with instructors on enrollment and logistfcs for upcoming classes. • Inquiries regarding recreatfonal programs have been returned. • Five Citfes Youth Baseball contract signed,
• Recreatfon Manager met with the SEC for upcoming events. • Recreatfon Manager met with Chair regarding PRBC agenda. PRBC agenda for March 2 nd meetfng completed. • Budget adjustments for FY 24/25 were completed.
• Recreatfon submitted fee study recommendatfons to consultants for evaluatfon. • Recommendatfons to the City ’s CIP

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.F

SUBJECT/TITLE:
2022 GENERAL PLAN ANNUAL PROGRESS REPORT

RECOMMENDATION:

1. Review and accept the 2022 General Plan Annual Progress Report;

2. Direct staff to forward the report to the Governor’s Office of Planning and Research and the Department of Housing and Community Development.

BACKGROUND:

California Government Code Section 65400 requires all cities to file an annual report (the “Annual Report” or “Report”) addressing the status of the General Plan and progress made toward implementing its goals and policies. The Report must be submitted to the Governor’s Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The Annual Report is an informational document that provides a means to monitor the success of implementing the General Plan and determine if changes are needed in the plan or its implementation programs. The Annual Report is not a comprehensive list of activities undertaken by the City during 2022. Prior to submittal to the state, the Annual Report must be presented to the City Council for review and acceptance.

The City’s General Plan was adopted in November 1992 and amended in 2020. The City is in the process of a comprehensive update to the General Plan and Local Coastal Plan which will consolidate and update existing elements. In addition, the City performed the following items:

1. The City Council conducted several workshops in support of the General Plan/Local Coastal Program update effort.

2. The City Council approved an update to both the coastal (1983) and non-coastal (1998) zoning codes regarding urban lot splits and two-unit residential units consistent with Senate Bill 9.

3. The City Council continued the City’s commitment to the San Luis Obispo Urban County for Community Development Block Grant funds.

The General Plan Annual Progress Report presents all updates and amendments made to the City’s General Plan as well as document its implementation during 2022. The Annual Report begins with a description of the need for the General Plan and legal requirements of the Annual Report followed by relevant background and demographic information about the City. The Annual Report continues by presenting the City’s projects and accomplishments during 2022, followed by describing the status of each of the City’s General Plan Elements, as well as future plans made during the year. It should be noted that the Annual Report does not document all activities undertaken by the City throughout 2022. The City is also required to complete a comprehensive spreadsheet accounting for housing projects and development through 2022 to document progress toward meeting

9.F-1Council Agenda 3-21-2023
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the regional housing need. This spreadsheet is submitted with the Annual Report to HCD.

A summary of this spreadsheet is included in the Annual Report.

Conclusion and Recommendation
Staff recommends the City Council review and accept the 2022 General Plan Annual Progress Report (Attachment 1) and direct staff to forward the report to OPR and HCD.

FISCAL IMPACT:

There is no fiscal impact associated with staff’s recommended action.

ALTERNATIVES:

1. Do not accept the 2022 General Plan Annual Report; provide direction to staff regarding modifications to the Report; or

2. Provide other direction to staff.

ATTACHMENTS:

1. 2022 General Plan Annual Progress Report.

Prepared by: Meeting Date: March 21, 2023
Brian Schwartz, Contract Planner
Submitted by: Matthew Downing, Community Development Director City Manager Approval:

9.F-2Council Agenda 3-21-2023
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City of Pismo Beach
General Plan Annual Progress Report

Prepared by
Community Development Department
March 15, 2023
[COMPANY NAME] | [Company address]

9.F-3Council Agenda 3-21-2023
Attachment 1
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City Council

Ed Waage, Mayor
Mary Ann Reiss, Mayor Pro Tempore
Marcia Guthrie
Stacy Inman
Scott Newton

Planning Commission

Clare Malone Prichard
Greg Alex
Don Oberhelman
Reed Van Rozeboom
Shauna Wills

Community Development Department

James R. Lewis, City Manager
Matthew J. Downing, AICP, Community Development Director Michael Gruver, AICP, Associate Planner
Aileen Nygaard, Associate Planner
Lindsay Christiansen, Administrative Secretary
Tristan Roach, Planning Intern
Brian Schwartz, AICP, Contract Planner

Contact Information

City of Pismo Beach
Community Development Department
760 Mattie Road
Pismo Beach, CA 93449
Phone: (805) 773-4658

Website

www.pismobeach.org

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Table of Contents
Introduction ........................................................................................................................... 4 Demographics ........................................................................................................................ 4 Plans, Projects, and Accomplishments ................................................................................... 5 General Plan, Local Coastal Program & Development Code Amendments ............................ 7 Status of the City’s General Plan Elements ............................................................................ 7

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Introduction
California Government Code Section 65400(a)(2) requires the City to file an annual report addressing the status of the General Plan and progress made toward implementing its goals and policies. The progress report must be submitted to the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD).

The Annual Progress Report provides a means to monitor the success of implementing the General Plan and determine if changes are needed in the plan or its implementation programs.

In compliance with Section 65400 of the California Government Code, this report has been prepared to summarize the status of the General Plan of the City of Pismo Beach and the steps taken during this period to implement General Plan goals and policies. In addition, staff has also provided other information related to development permits, building permits, population growth, and grant funding activities. This Annual Progress Report covers activities during the 2022 calendar year.

Purpose of the General Plan
The General Plan states the community's goals, objectives, policies, and implementation measures (i.e., ways to achieve the goals and objectives). The General Plan is a public document and is available for all to read and use as needed. Copies are available for review in the City Clerk's Office and on the City website. Each member of the City Council and the Planning Commission has a copy of the General Plan, as well as each City department. As an informational document, the General Plan describes existing conditions, makes projections, and establishes a vision for the community's future. The General Plan provides the public with information about the City and the direction that it seeks to move. As a policy document, the General Plan establishes guidelines for decision-makers. Using these guidelines, the City Council and Planning Commission take incremental steps toward achieving the larger goals of the City. The City applies implementation programs contained in the General Plan through day-to-day operations of the City.

Demographics
Between 2000 and 2016, San Luis Obispo County experienced substantial population growth, averaging 12.7 percent. However, as shown in Table 1, the population in Pismo Beach experienced the opposite effect, decreasing 4.3 percent from 8,551 to 8,181 residents in the same period. From 2010 to 2021, the population of Pismo Beach was estimated to decrease by

1.77 percent to 8,036 residents.

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Table 1: Trends in Population Growth
2000 2016 2021
Number Number Change Number Change
Pismo Beach 8,551 8,181 -4.3% 8,036 -1.77%
Source: US Census Bureau Quickfacts 2022

The San Luis Obispo Council of Governments (SLOCOG) published 2050 Regional Growth Forecast for San Luis Obispo County in June 2017. Population, households, and jobs were projected through 2050 for low, mid, and high growth scenarios. Table 2 reports the mid growth scenario in Pismo Beach to be a 32 percent increase in population from 7,655 residents in 2010 to 10,079 residents in 2050.

Table 2: Population Growth Projections

2010 2020 2030 2040 2050 % Change
2010-2050
Compound
Annual Growth
Rate
Pismo
Beach 7,655 8,642 9,486 9,901 10,079 32% 0.69
Source: SLOCOG 2018

Plans, Projects, and Accomplishments
The City reviewed and processed numerous projects and permits in 2022. The following summaries and tables provide a general overview of the projects, programs and permits that were reviewed.

Building Permits
In 2022, the Building Division issued 17 permits for new single-family residences, 93 permits for single family additions, 7 permits for accessory dwelling units, 0 permits for new commercial development, 25 commercial alteration permits, 121 permits for photovoltaic systems (1 commercial and 120 residential), and 1 permit for multi-family development. Total permits issued in 2022 was 697 for a combined revenue of approximately $2.1 million.

Development Applications
The Planning Division received 99 development applications in 2022. These applications have been consolidated into main application type categories in Table 3.

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Table 3: Development Applications Processed
Application Type Quantity
Home Occupation Permits 11
Sign Permits 16
Temporary Use Permits 5
Zoning Clearance 7
Administrative Development Permit 11
Administrative Coastal Development Permit 21
Coastal Development Permit 27
Discretionary Development Permit 1

Table 4 identifies several of the on-going, major projects in various stages of the development process throughout the City.

Table 4: Current On-Going Projects
Project Project Address Zoning Use Type Status
Peyton Court
Subdivision
(formerly South
Silver Shoals)
2900 Shell
Beach Road
PR Residential- 10
townhomes
9 single family
10 townhomes constructed
8 single-family residences with
approved CDPs
5 under construction
3 under building permit review
Ebb Tide Estates
Custom Lots
2780 Shell
Beach Road
PR Residential - 4
custom home
lots

Four custom lots approved,
public improvements complete
PSHH
Affordable
Housing
855 and 851 4th
Street
R-3 Residential-
Multi-family 50
affordable units

Under Construction
New Gas Station 591 Five Cities
Drive
C-2 Commercial- 4
fuel pumps

Under Construction
New Hotel 120 Branch
Street
CG Commercial 105
room hotel

In Building Permit Review
HASLO Senior
Mixed Use
Affordable
Housing
2655 Shell
Beach Road
C-1 Commercial
Retail and 26
Residential
Units

Under Construction

Mixed Use

401 Shell Beach
Road
C-1 Commercial
Retail and 4
Residential
Units

Final Map and Building Permit
Review
Single Family
Residential
478 Hinds R-3 3 lot Parcel Map
(small lot
subdivision)
Final Map and Building Permit
Review

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Project Project Address Zoning Use Type Status
Single Family
Residential
Canyon Lane RSL Residential
24 Single family
residences
18 homes finaled
4 under construction
1 Planning Permit, 1 Building
Permit
Single Family
Residential
South
Beachcomber
PR Residential -10
Townhomes, 8
Single-family,
2 Accessory
Dwelling Units
In Planning Review
Single-family
Residential
Barcelona PR Residential
8 single-family
residences
7 Planning Permits,
7 in Building Permit Review,
1 without permits

Community Development Block Grants
In 2022, the City was awarded $34,996.00 in CDBG funding for low-income housing and community service needs. The following programs were funded:

• CAPSLO - Minor Home Repair Program - This program focuses on performing home repairs to low and very low households, mainly located in mobile homes. Unfortunately, due to the lack of application for the 2022 Program Year, this program was not funded.

However, an application has been submitted for the 2023 Program Year.

• 5 Cities Homeless Coalition - Subsistence Payments for Eviction Prevention and Security Deposits Program will assist those who are homeless, without financial resources and those at risk of homelessness to develop a housing stability plan, and provide short-term emergency eviction prevention grants or move-in deposits.

General Plan, Local Coastal Program & Development Code Amendments In 2022, there was one update to the Land Use Element of the General Plan / Local Coastal Program. This update was related to policies for the St. Andrews Tract neighborhood. The General Plan / Local Coastal Program is in the process of a comprehensive update, see information below on status of comprehensive update.

There was one update to both the Coastal (1983) and Non-Coastal (1998) Zoning Codes regarding urban lot splits and two-unit residential units consistent with Senate Bill 9.

Status of the City’s General Plan Elements
The City currently has ten adopted General Plan elements which include the seven mandatory elements and four optional elements consisting of the Parks, Recreation, and Access Element, Design Element, Facilities Element, and Growth Management Element as shown below. The mandatory Conservation Element and Open Space Element have been combined into one.

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Table 5: Status of General Plan Elements
Element Required / Optional Year Adopted / Revised
Circulation Required 2019
Conservation / Open Space Required 1993
Design Optional 2011
Facilities Optional 1993
Growth Management Optional 1993
Housing Required 2020
Land Use Required 2022
Noise Required 1993
Parks, Recreation, and
Access
Optional 2005
Safety Required 1993

The OPR notifies the City annually on all General Plan elements that have not been comprehensively updated in the last eight years. Although the General Plan elements are not necessarily legally inadequate, the California Supreme Court has stated that local governments have an implied duty to keep their General Plans current. In 2018, the Council indicated it is a priority to update the older elements and budget funds to comprehensively update the General Plan and Local Coastal Program. The update is in its final stages and is anticipated to be brought to the Council for review and approval in 2023. Several of the optional elements will be incorporated into other elements for the sake of efficiency. For example, the Design Element as well as the Growth Management Element will be incorporated into the Land Use Element.

Policies within the Facilities Element will be incorporated into the Conservation and Open Space Element.

Land Use Element
The Land Use Element has had several revisions since adoption in 1993, with the most recent amendment in 2022. This amendment was modifications to Planning Area ‘E,’ also known as the St. Andrews Tract, to eliminate development restrictions imposed by specific policies. While the entire General Plan is being evaluated, the Land Use Element / Land Use Plan are the focus of the comprehensive General Plan / Local Coastal Program update. An updated draft of the Land Use Element has been prepared and is currently under review.

Housing Element
The 2020-2028 (6th Cycle) Housing Element Update, which was adopted by the City Council in December 2020, received certification by HCD in early 2021. A summary of the annual reporting required by the State is included as Appendix A. The Housing Element’s Goals and Policies, are included in Appendix B. No revisions to the Housing Element were made in 2022.

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Circulation Element
The Circulation Element establishes goals and programs to carry out the circulation needs of the community. The update included a multi-modal transportation system plan to identify what is needed to accommodate existing and future transportation development in Pismo Beach combined with a long-term framework for implementation. A comprehensive update to the Circulation Element was adopted by the City Council in 2019 with Coastal Commission modifications that removed a section describing an extension to Mattie Road. This element will be updated as part of the comprehensive update to the General Plan/Local Coastal Program elements.

Noise Element
The Noise Element was adopted in 1993 and establishes goals and programs to address noise impacts in the City. This Element will be updated as part of the comprehensive update to the General Plan/Local Coastal Program.

Conservation & Open Space Element
The Conservation & Open Space Element was adopted in 1993 and establishes goals and programs to address noise impacts in the City. This Element will be updated as part of the comprehensive update to the General Plan/Local Coastal Program. An updated draft of the Conservation and Open Space element has been prepared and is part of the comprehensive update to the General Plan/Local Coastal Program.

Safety Element
The Safety Element was originally adopted in 2000 and provides policies that address fire, flooding, geologic, and seismic hazards. In 2020, the City Council approved the County-wide Multi-Jurisdictional Hazard Mitigation Plan. Additional studies developed with the Hazard Mitigation Plan will allow the City to complete an update of the Safety Element, projected in mid-2023, concurrent with the overall General Plan/Local Coastal Program.

Parks and Recreation Element
The Parks and Recreation Element was adopted in 2005 and contains goals and policies for managing, renovating, and expanding existing parks and the development of new parks and recreation facilities. This element is expected to be updated in 2025.

Facilities and Services Element
The Facilities and Services Element is a guideline to indicate future needs as the City continues to develop. These facilities and services include: City Hall, Fire, Police, Library, Schools, Solid Waste, Wastewater, and Water Services. As mentioned above this element will be updated and incorporated into other General Plan elements as part of the comprehensive update to the General Plan/Local Coastal Program.

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Jurisdiction Pismo Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 6th Cycle 12/31/2020 - 12/31/2028
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
01/01/2019-
12/30/2020
2020 2021 2022 2023 2024 2025 2026 2027 2028 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - 23 - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - 27 26 - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - 5 7 - - - - - - Above Moderate 193 59 - 31 17 - - - - - - 107 86 459
59 - 86 50 - - - - - - 195 264 5 6 7
Extremely low-Income
Need 2020 2021 2022 2023 2024 2025 2026 2027 2028 Total Units to Date
Total Units
Remaining
57 - - - - - - - - - - 57 Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
70 23
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
12 Moderate
113
71 82
Please contact HCD if your data is different than the material supplied here 53 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
90 18
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

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Jurisdiction Pismo Beach
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation HE-1. Density Bonus
The City will encourage and assist
developers to utilize the density bonus
provisions of the California Government
Code that allow an increase in the
number of units in the underlying zone
in return for construction of lower-
income housing (extremely low-, very
low-, and low-income units). The City
will also amend the Zoning Codes (both
the 1983 and 1998 codes) to comply
with changes in the state density bonus
law (Government Code Section 65915)
and develop an outreach program to
ensure its successful implementation.

Revision of the Zoning
Codes by July 2024;
implementation of density
bonus for projects is
ongoing
In progress.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation

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HE-2. Code Enforcement
As a means to ensure the quality of
homes and neighborhoods, the City will
continue to operate the code
enforcement program on a complaint
basis, whereby the Community
Development Department investigates
complaints and ensures that property
owners comply with City codes. Pismo
Beach’s housing is maintained and
Goals, Policies, and Programs City of
Pismo Beach Page 6-4 2020 - 2028
Housing Element generally in good
condition. In addition, because of the
high cost of land and significant
escalations in housing prices over the
past few years, property owners are
rehabilitating older properties or
demolishing units and rebuilding them.

The City will develop a pamphlet to
provide financial resource information
to homeowners. The City will also
conduct and document a windshield
survey of the condition of the housing
stock later in the planning period.

Develop pamphlet by July
2023 and ongoing;
conduct housing
conditions survey by 2027.

In progress. Conduct a windshield survey.

HE-3. Contractual
Agreement for Rental
Assistance Program
The City shall continue to contract with
the Housing Authority of San Luis
Obispo or other agency, as appropriate,
to authorize implementation of the U.S.

Department of Housing and Urban
Development (HUD) Housing Choice
Voucher/Section 8 rental program
Seek new vouchers and/or
to raise the payment
standard as needed
annually
The Housing Authority of San Luis Obispo discontinued the service related to eligibility certifications in December 2021. The City has a new agreement with People's Self-Help Housing for this service.

HE-4. Simultaneous
Construction of Affordable
Housing
When a project is required to provide a
percentage of affordable units, the City
shall require such housing to be built
simultaneously or assured by bond or
other acceptable security. Projects that
are built in phases shall include the
required percentage in each phase.

When projects are
submitted that are subject
to this program
No projects subject to the inclusionary housing requirements have been built since adoption of the previous housing element.

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HE-5. Public-Private
Partnerships
The City does not develop housing
units. The City will partner with the
development community to facilitate
higher-density residential development
to diversify the housing stock.

Specifically, the City will: - Contact
potential affordable housing
developers. Goals, Policies, and
Programs City of Pismo Beach 2020 -
2028 Housing Element Page 6-5 -
Conduct a roundtable meeting to
discuss constraints to affordable
housing, workforce housing, and
potential developer incentives. -
Maintain an inventory of adequate sites. -
Identify funding opportunities and
assist in preparing applications for
funds. - Work with housing sponsors to
help with scores for readiness and
neighborhood revitalization. - Provide
regulatory concessions and incentives,
as necessary, to encourage and
facilitate the construction of affordable
housing (e.g., reduce parking, revise
landscaping requirements, density
bonuses, expedited permit process, fee
waivers or deferrals).

Every two years starting in
2021 and more frequently
if funds become available
Two projects are currently under construction through partnerships with People's Self-Help Housing and Housing Authority of San Luis Obispo.

HE-6. Equity Sharing
Program
The City shall participate in an equity
sharing program when funds are
identified to assist low- and moderate-
income individuals who work in Pismo
Beach to purchase or rehabilitate
housing. The equity sharing
arrangement could be between the
property owner, the City, and the
developer. The City does not currently
have funds available for this program.

When funds are identified No requests are pending.

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HE-7. Conversion of
Rental Housing
The City shall consider the effects on
the rental housing market in reviewing
requests for conversions of rental units
to condominium ownerships.

Provisions for conversions shall include
the following requirements: (1) written
notification to tenants of the intent to
convert at least six months prior to
approval of application Goals, Policies,
and Programs City of Pismo Beach

Page 6 ends

(per Government Code 66427.1); and (2)
first right of refusal to existing tenants
to purchase the unit.

When conversion
requests are submitted No requests are pending.

HE-8. Demolition or
Conversion of Rental
Housing in Coastal Zone
The City may issue permits for the
demolition or conversion of housing
occupied by low- to moderate-income
persons in the Coastal Zone when the
applicant meets certain conditions,
including providing relocation
assistance and replacement of
affordable units (see Government Code
65590).

When requests for
demolition or conversion
are submitted
No requests are pending.

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HE-9. Special Needs
The City will work with housing
providers to ensure that special
housing needs are addressed for
seniors, large families, female-headed
households, single-parent households
with children, farmworkers, persons
with disabilities and developmental
disabilities, and homeless individuals
and families. The City will seek to meet
these special housing needs through a
combination of regulatory incentives,
zoning standards, new housing
construction programs, and supportive
services programs. Incentives and
programs the City offers include density
bonuses and a reasonable
accommodation procedure. The City
promote the availability of this
reasonable accommodation process to
the public by providing information at
the public counter and on the City
website. The City will also continue to
work with lower-income housing
providers and funders to construct or
acquire a variety of types of
lowerincome housing opportunities for
individuals and groups with special
needs and extremely low-income
households if any applicants come
forward. Specific housing types include:
- Smaller units, including single-room
Seek funding annually and
ongoing
In partnership with Housing Authority of San Luis Obispo (HASLO), a 26 unit Senior Housing with small units for rent was approved on 2020. A partnership with the People's Self-Help Housing (PSHH) project is providing 5- 15 units for transitional youth who are at risk for homelessness. Quantified Objectives:

Housing for 10 special needs persons. These projects are currently under construction.

HE-10. Senior Housing
Incentives
As an incentive to providing senior
housing, the City will allow
modifications to building lot coverage,
lot size, parking requirements, and
setbacks as provided for in Program HE-

14. The City will also amend the Zoning
Codes to specify standards and criteria
for the modifications.

Amend the Zoning Codes
by July 2024 In progress.

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HE-11. Workforce and
Affordable Housing
Incentives
As an incentive to providing workforce
and affordable housing in the
downtown core, the City will place an
overlay on the downtown to address the
need for multifamily housing.

Modifications to building lot coverage,
lot size, parking requirements, and
setbacks will be permitted without a
variance for residential or mixed-use
projects with a finding that a certain
percentage of units are affordable to
lower- or moderateincome households.

In particular, the City will evaluate the
multifamily parking requirements, then
review and revise those requirements
for one-bedroom and studio units to
ensure requirements do not unduly
constrain housing development. The
City will also amend the Zoning Codes
to include the overlay and specify
standards and Goals, Policies, and
Programs City of Pismo Beach Page 6-8
2020 - 2028 Housing Element criteria for
the modifications as referenced in
Program HE-14, consistent with the
Coastal Act.

Amend Zoning Codes by
July 2024 In progress.

HE-12. Workforce and
Affordable Housing
Entitlements
The City shall consider options, such as
a planned unit development (PUD) or
other type of permit, to encourage the
development of workforce and
affordable housing throughout Pismo
Beach. Incentives included in the permit
to encourage workforce housing could
include expedited permit processing or
modifications to building lot coverage,
lot size, parking requirements, and
setbacks.

Establish incentives and
update Zoning Codes (if
necessary) by July 2024
In progress.

HE-13. Revision to C-1
Zone
The C-1 zone allows residential uses as
part of a mixed-use project at one unit
per 1,500 square feet of site area. The
City will consider an amendment to the
C-1 zone to increase the residential
density in the zone.

Amend C-1 zone by July
2024 In progress.

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HE-14. Multifamily Zone
Densities
The Pismo Beach Zoning Codes allow
the construction of single-family
residences in multiple-family zones.

This practice does not always result in
the most efficient use of resources and
may hamper the City’s ability to achieve
its regional housing needs goals. Thus,
the Zoning Codes shall be amended to
prohibit new single-family homes in
medium- and high-density residential
areas, unless a lot is substandard in
size and cannot accommodate more
than one unit. The City will amend the
Zoning Codes to Goals, Policies, and
Programs City of Pismo Beach 2020 -
2028 Housing Element Page 6-9 include
minimum densities in the R-2, R-3, RS-
M, RR-L, R-4, RR, and RR-H districts to
preserve the limited supply of
multifamily zoned land for multifamily
uses.

Amend Zoning Codes by
July 2024 In progress.

HE-15. Nonconforming
Lots
Pismo Beach was subdivided many
years before the formal adoption of a
Zoning Code. Many lots in the
community are substandard when
current standards are applied. It is
common to seek a variance to develop a
parcel in certain areas. Moreover,
numerous contiguous, often small and
irregularly shaped lots are
“underutilized.” The Zoning Codes
could be amended to facilitate and
encourage the development of quality
market-rate and affordable housing on
these lots. The City will consider
developing a director-level approval
exception process for nonconforming
lots that includes a flexible approval
process and development standards
beyond the exceptions that can
currently be granted by the Planning
Commission. Lot consolidation
regulations could also help to merge
otherwise substandard and
underutilized sites.

Amend Zoning Codes by
July 2025 In progress.

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HE-16. Zoning Code
Update
In 1998, the City updated the Zoning
Code for the entirety of Pismo Beach.

However, the Coastal Commission did
not certify the 1998 Zoning Code due to
policy differences on bluff lots and
development. Thus, Pismo Beach
currently operates under two Zoning
Codes (1983 and 1998). The City’s 1983
Zoning Code applies to the two-thirds of
the community within the Coastal Zone.

The City initiated a project to amend the
Local Coastal Program, including the
coastal zoning regulations this spring.

The City Council is in favor of this
amendment, and it is a major City goal
to complete the amendment over the
next few years. Developing a
consolidated code will assist
developers and property owners in
identifying development requirements,
as well as providing a more streamlined
approach to the approval process.

Some specific potential constraints the
City will analyze as part of the update
include: - Multifamily in R-4 requiring a
CUP within the coastal zone Goals,
Policies, and Programs City of Pismo
Beach Page 6-10 2020 - 2028 Housing
Element - Revising the open space
requirement (currently it is 400 square
feet per unit plus an additional 75
Complete zoning code
update by July 2024 In progress.

HE-17. Housing
Rehabilitation
The City will encourage local private
and nonprofit organizations to assist
elderly, disabled, and disadvantaged
persons in the repair and rehabilitation
of their housing, including mobile
homes. The City uses CDBG funds for
these services, which are provided by
CAPSLO. The minor home repair
program is available at no cost to
seniors age 60 and over. They may
include improvements such as grab
bars, handrails, smoke alarms and
carbon monoxide detectors, minor
plumbing, carpentry, electrical and
drywall work.

Implementation of
program is ongoing
Funding unable to be allocated to CAPSLO in the 2022 Action Plan due to lack of application. Funding application has been received for the 2023 Action Plan and preliminary recommendations support the funding.

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HE-18. Accessory Dwelling
Units
The City shall continue to encourage the
development of accessory dwelling
units (ADUs) as a tool to provide
affordable housing in the community.

The City updated its zoning in 2018 to
put an ADU ordinance in place to
address local needs and comply with
recent changes to state law. The City
will make additional updates to address
the updates to state law passed in 2019
and any other updates to state law as
needed during the planning period. The
City will continue to make information
about ADUs, in particular ADUs
affordable to lower income households,
available on the City website and in the
City newsletter, the Clam Chronicle. The
City will monitor ADU permitting
throughout the planning period to track
whether permits are keeping up with the
ADUs anticipated in the housing
element. The City will work to conduct
additional outreach if ADU permits are
not keeping up with numbers
anticipated in the housing element after
4 years. The outreach will include
regular announcements (at least once a
month) about options to build ADUs and
ADU resources at Planning Commission
and City Council meetings and
prominent placement of ADU
Update zoning by July
2024, and if needed later
in the planning period if
additional updates are
made to state law and
enforce state law until the
zoning is updated; assess
ADU approval progress in
2024 and conduct
additional outreach after
that if ADU numbers are
not tracking with
projections in Chapter 4 of
the Housing Element.

In progress. ADU ordinance certified by CCC. The City developed an ADU website in December 2021. Monitoring of ADU numbers compared with the projections in Chapter 4 of the Housing Element is ongoing.

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HE-19. Housing
Preservation
The City will work to reduce the
potential conversion of the 12 assisted
affordable housing units at risk during
the current planning period to market
rate through the following actions: -
Monitor the status of affordable
projects, rental projects, and mobile
homes in Pismo Beach. Should the
property owners indicate the desire to
convert properties, consider providing
technical and financial assistance, when
possible, to ensure long-term
affordability. - If conversion of units is
likely, work with local service providers
as appropriate to seek funding to
subsidize the at-risk units in a way that
mirrors the HUD Housing Choice
Voucher (Section 8) program. Funding
sources may include state or local
funding sources. Per state law, owners
of deed-restricted affordable projects
are required to provide notice of
restrictions that are expiring after
January 1, 2021, to all prospective
tenants, existing tenants, and the City
within three years of the scheduled
expiration of rental restrictions. Owners
shall also refer tenants of at-risk units
to educational resources regarding
tenant rights and conversion
procedures and information regarding
Revision of Zoning Codes
by July 2024 to require
notification by owners
consistent with state law;
ongoing communication
with owners, service
providers, and eligible
potential purchasers.

In progress.

HE-20. Fair Housing –
Zoning Code Amendments
In compliance with state law, the City
will amend the 1983 Zoning Code for the
Coastal Zone to allow small residential
care facilities serving six or fewer
clients in all residential zones without a
Conditional Use Permit.

Amend Zoning Code by
July 2024 In progress.

HE-21. Fair Housing –
Access to Mediation and
Fair Housing Services
The City will coordinate with San Luis
Obispo County to provide access to
landlord and tenant mediation and fair
housing services. The City will also
develop a fair housing brochure or
acquire one from a fair housing provider
and distribute it at City Hall, the library,
and the post office.

Provide or develop
brochure within one year
of Housing Element
adoption
Brochure to be prepared by December 2024.

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HE-22. Transitional
Housing
The City shall amend the Zoning Codes
to comply with Senate Bill (SB) 2 and
define transitional and supportive
housing as permitted residential uses
only subject to the same restrictions
that apply to other residential uses of
the same type in the same zone. In
addition, the City shall review its zoning
codes to ensure compliance with
Assembly Bill (AB) 2162 related to
allowing supportive housing. The
zoning codes will be reviewed to assess
whether supportive housing is allowed
without discretionary review (besides
coastal permits) in all zones that allow
multifamily housing or mixed-use
development, including nonresidential
zones as applicable. If it is determined
that the allowed uses in the zoning
codes are not in compliance with AB
2162, the City will revise the allowed
uses along with corresponding
development standards, as detailed in
AB 2162.

Amend Zoning Codes by
July 2024 In progress.

HE-23. Employee Housing
Act
To comply with the state Employee
Housing Act (Health and Safety Code
Sections 17021.5 and 17021.6), the City
will review the Zoning Codes and
amend them as necessary. Health and
Safety Code Section 17021.5 requires
the Zoning Codes to treat
employee/farmworker housing that
serves six or fewer persons as a single-
family structure and permitted in the
same manner as other single-family
structures of the same type in the same
zone in all zones allowing single-family
residential uses. Section 17021.6
requires that employee/farmworker
housing consisting of no more than 12
units or 36 beds be treated as an
agricultural use and permitted in the
same manner as other agricultural uses
in the same zone.

Review Zoning Codes by
June 2024; make
amendments if needed by
July 2024
In progress.

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HE-24. Extremely Low-
Income Households
The City will meet with nonprofit
developers and other stakeholders
biannually to establish and implement a
strategy to assist in the development of
housing affordable to extremely low-
income households. As part of this
effort, the City will also consider
prioritizing local financial resources and
at least biannually seek and apply for
state and federal funding specifically
targeted for the development of housing
affordable to extremely low-income
households. The City will provide
concessions and incentives to assist in
the development of housing for
extremely low-income households, such
as increased densities, modifications to
development standards, and priority
processing. Also, per AB 2634, to
further meet the needs of extremely low-
income households, the City will also
amend the Zoning Codes to define and
allow singleroom occupancy units with
a Conditional Use Permit in the R-4, R-
R, and HighDensity Residential zone.

Update Zoning Codes by
July 2024; ongoing and at
least biannual contact
with stakeholders,
depending on funding
programs
In progress.

HE-25. State Energy
Efficiency Standards
The City will continue to implement
state requirements for energy
conservation in new residential projects
and encourage retrofits of existing
units. Provide materials/access to utility-
sponsored programs that educate
residents on ways to reduce energy
usage or costs.

Ongoing Program is being implemented.

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HE-26. Public Outreach
and Education
The City shall establish outreach and
education programs to increase public
awareness of housing policies and
issues as they arise. Such efforts may
include mailed notices to the public,
posts on the City’s website, and printed
educational materials, as appropriate. In
addition, the City shall submit to HCD
an annual report for progress in
implementing the City’s Housing
Element, as required by state law.

Submit annual reports
annually by April 1;
conduct outreach and
education as needed
2022 Annual Report will be submitted by April 1.

HE-27. Low Barrier
Navigation Centers
Per AB 101 (2019), the City will review
its zoning ordinance and make
revisions if necessary to allow low
barrier navigation centers for the
homeless per Government Code
Sections 65660–65668.

Review development code
by 2023. Make revisions by
2024.

In progress.

HE-28. Senate Bill 35
Procedure or Policy
Establish a written policy or procedure
and other guidance as appropriate to
specify the SB 35 (2017) streamlining
approval process and standards for
eligible projects, as set forth under
Government Code Section 65913.4.
12/1/2021 In progress.

9.F-25Council Agenda 3-21-2023
Attachment 1
Packet Page 94

HE-29. Affirmatively
Further Fair Housing
Pismo Beach will develop a plan to
Affirmatively Further Fair Housing
(AFFH). The AFFH Plan shall take
actions to address significant
disparities in housing needs and in
access to opportunity for all persons
regardless of race, religion, sex, marital
status, ancestry, national origin, color,
familial status, or disability, and other
characteristics protected by the
California Fair Employment and
Housing Act (Part 2.8, commencing with
Section 12900, of Division 3 of Title 2),
Section 65008, and any other state and
federal fair housing and planning law.

Specific actions will include: - Provide
dedicated staff that investigates fair
housing complaints and enforces fair
housing laws. - Facilitate public
education and outreach by creating
informational flyers on fair housing that
will be made available at public
counters, libraries, and on the City’s
website. City Council meetings will
include a fair housing presentation at
least once per year. - Actively recruit
residents from neighborhoods of
concentrated poverty (if applicable) to
serve or participate on boards,
committees, and other local government
bodies. - Ensure environmental hazards
Create plan by July 2024
and implement on an
ongoing basis.

In progress.

9.F-26Council Agenda 3-21-2023
Attachment 1
Packet Page 95

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.G

SUBJECT/TITLE:

CONTRACT AMENDMENT #1 WITH BRENNTAG PACIFIC FOR SUPPLY OF SODIUM

BISULFITE

RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Brenntag Pacific, Inc., to supply sodium bisulfite in the additional amount not to exceed $19,100 in Fiscal Year 2023.

BACKGROUND:

The City of Pismo Beach’s Wastewater Treatment Plant uses sodium bisulfite during the treatment process, to dechlorinate wastewater effluent prior to being discharged to the ocean. Through a competitive bid process, the City has entered into a contract with Brenntag Pacific Inc. for one year with three options to extend the agreement for an additional one year period. The initial contract was executed under the City Manager’s authority on June 15, 2022, for a $1.7496 per gallon, which was estimated at that time not-to-exceed amount of $39,900. Due to recent increased storm activity and other unforeseen circumstances, the not-to-exceed amount has been reached. A Contract Amendment (Attachment 1.A) needs to be authorized in order for the Wastewater Treatment Plant to continue to receive sodium bisulfite for the rest of Fiscal Year (FY) 2023.

Conclusion and Recommendation
Staff recommends Council adopt a Resolution (Attachment 1) authorizing Amendment #1 to the existing Professional Services Agreement with Brenntag Pacific, Inc. (Attachment 2) to supply sodium bisulfite in the amount not to exceed $59,000 in Fiscal Year 2023.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution is an additional $19,100 in the Wastewater Enterprise Fund. The FY 2023 budget includes $59,000 for the purchase of sodium bisulfite. The original agreement was for $39,900. There is an additional $19,100 available in the sodium bisulfite account to cover the difference of the projected costs compared to the original agreement.

FY 2023 Budget
Wastewater Enterprise Fund De-Chlorination Budget $59,000

Agreement
Brenntag Pacific Inc Contract $39,900 Proposed Brenntag Pacific Inc Contract Amendment No.1 $19,100 Total Proposed Agreement Amount $59,000

9.G-1Council Agenda 3-21-2023
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Remaining Budget $0
ALTERNATIVES:

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

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Amendment #1

2. Brenntag Pacific Inc. Contract
Prepared by: Meeting Date: March 21, 2023
Russ Fleming, Utilities Manager
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

9.G-2Council Agenda 3-21-2023
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RESOLUTION NO. R-2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #1

TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH BRENNTAG PACIFIC, INC., TO SUPPLY SODIUM BISULFITE IN THE ADDITIONAL AMOUNT NOT TO EXCEED $19,100 IN FISCAL YEAR 2023
WHEREAS, the Fiscal Year (FY) 2023 De-Chlorination budget includes $59,000 for the purchase of sodium bisulfite; and
WHEREAS, the City of Pismo Beach and Brenntag Pacific Inc entered into an agreement for the purchase of sodium bisulfite in the amount of $39,900 for a one-year term with three options to extend the agreement for an additional one-year period; and WHEREAS, due to the increased precipitation and unforeseen circumstances, the not to exceed amount of $39,900 has been reached; and
WHEREAS, a Contract Amendment needs to be authorized in order for the Wastewater Treatment Plant to continue to receive sodium bisulfite for the rest of FY 2023; and WHEREAS, there is $19,100 in available budget in the FY 2023 Wastewater Enterprise Fund De-chlorination account that can be used to fund an amendment of $19,100.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the amendment of the contract between the City of Pismo Beach and Brenntag Pacific Inc. for the purchase of sodium bisulfite of an additional not to exceed amount of $19,100 for Amendment #1 (Exhibit A), reflecting a total agreement amount of $59,100.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 21st day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

9.G-3Council Agenda 3-21-2023
Attachment 1
Packet Page 98

AMENDMENT # 1
to the
June 15, 2022 AGREEMENT BETWEEN THE CITY OF PISMO BEACH

AND BRENNTAG PACIFIC INC

Pursuant to the June 15, 2022 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and Brenntag Pacific Inc., hereinafter referred to as “Vendor,” City and Vendor hereby agree as follows:

1. Services shall be performed as set forth in the proposal dated May 12, 2022, which is attached hereto and by this reference made a part hereof.

2. Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of Nineteen Thousand One Hundred dollars ($19,100.00), without prior written approval of the City.

3. The revised fee under the 6/15/22 contract, plus this addendum, is Fifty-Nine Thousand dollars ($59,000.00).

4. All other provisions of the Supply of Sodium Bisulfite agreement between City and Vendor shall remain in full force and effect.

CITY:

City of Pismo Beach, a Municipal Corporation

Signed:

Name: Benjamin A. Fine
Title: Director of Public Works
Dated: ________________________________

Signed:

Name: James R. Lewis
Title: City Manager
Dated: ________________________________

ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk

APPROVED AS TO FORM:

Signed:

Name: David M. Fleishman
Title: City Attorney
VENDOR:

Brenntag Pacific, Inc.

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________

Address for giving notice:
(if changed from prior agreement)
______________________________________
______________________________________

Email address for official communications:
(if changed from prior agreement)
______________________________________

Vendor Representative:
(if changed from prior agreement)
Name/Title: ____________________________

Attachment: Scope/Cost Proposal

9.G-4Council Agenda 3-21-2023
Attachment 1A
Packet Page 99

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A
SUBJECT/TITLE:

DECLARATION OF NON-RESPONSIBLE BIDDER: V. LOPEZ JR. & SONS, INC.

RECOMMENDATION:

Adopt a Resolution declaring V. Lopez Jr. & Sons, Inc. a non-responsible bidder thereby disqualifying them from performing future work for the City of Pismo Beach for a period of five years.

BACKGROUND:

On March 7, 2023 the City Council held a public hearing to consider V. Lopez Jr. & Sons, Inc. as a non-responsible bidder. The staff report for that meeting can be found in Access Pismo at www.pismobeach.org1 , or by scanning the QR Code at right. After receiving public input, the City Council continued deliberation on the matter to a date certain, being March 21, 2023. The City Council will continue deliberation on the matter at tonight’s meeting.

Conclusion and Recommendation
Given the number and severity of the issues outlined in staff’s March 7, 2023 report, staff recommends that the City Council adopt a Resolution (Attachment 1) declaring V. Lopez and Sons as a non-responsible bidder thereby disqualifying them from performing future work for the City of Pismo Beach for a period of five years.

FISCAL IMPACT:

There is no direct fiscal impact from this action.

ALTERNATIVES:

1. Do not declare V. Lopez and Sons as a non-responsible bidder.

ATTACHMENTS:

1. Resolution
Submitted by: Meeting Date: March 21, 2023
Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
1 https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=464341&dbid=0&repo=Laserfiche Council Agenda 3-21-2023 12.A-1
Packet Page 100

RESOLUTION NO. R-2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA DECLARING V. LOPEZ JR. & SONS, INC. A NON-RESPONSIBLE

BIDDER THEREBY DISQUALIFYING THEM FROM PERFORMING FUTURE WORK

FOR THE CITY OF PISMO BEACH FOR A PERIOD OF FIVE YEARS

WHEREAS, on December 19, 2017 V. Lopez Jr. & Sons (V. Lopez) was awarded a contract in the amount of $2,901,486 for the Five Cities Lift Station and Lift Station Maintenance Projects; and

WHEREAS, several significant issues were encountered with V. Lopez’s project understanding and public works competence over the course of the project; and

WHEREAS, the project experienced significant delays and resulted in the City extending the contract time 159 days past the 300-day contract time to a total of 459 days; and

WHEREAS, V. Lopez completed the work 69 days past the contract time, for which the City withheld 69 days of liquidated damages for a total of $69,000; and

WHEREAS, the total approximate financial loss to the City as a direct result of V. Lopez is $322,500.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby declares V. Lopez Jr. and Sons as a non-responsible bidder, thereby disqualifying them from performing future work for the City of Pismo Beach for a period of five years from the date of this action.

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 7th day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

Council Agenda 3-21-2023 12.A-2
Attachment 1
Packet Page 101

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B

SUBJECT/TITLE:

WATER SUPPLY UPDATE; DECLARATION OF “NORMAL WATER SUPPLY CONDITION”

RECOMMENDATION:

1. Receive an update on the City’s water supply;

2. Adopt a Resolution declaring a “Normal Water Supply Condition” and Rescinding Resolutions R-2022-043, R-2022-004, and R-2021-049.

BACKGROUND:

On November 16, 2021, staff provided an update to the City Council on the City’s water supply and committed to return to the Council at the second meeting every other month to provide an update on the City’s water supply.

The staff report for that meeting can be found in the Access Pismo online public records portal1 or by scanning the QR Code at right.

In response to the once worsening drought, the City Council took actions to protect the City’s water supply and to encourage conservation. On June 1, 2021, the City Council declared a Moderately Restricted Water Supply Condition via Resolution R-2021-049; on January 18, 2022, the City Council declared a Severely Restricted Water Supply Condition via Resolution R-2022-004; and most recently, the City Council declared a Critical Water Supply Condition via Resolution R-2022-043 and adopted an urgency ordinance enacting a prohibition on the installation of natural turf.

However, since the last report given to the City Council on January 17, 2023, the City of Pismo Beach’s water supply, as well as that of the State of California has drastically changed for the better and staff now recommends that the City Council lift the current water use restrictions.

Current Water Use Restrictions
Section 13.24.060 of the City’s Municipal Code, which defines a Critical Water Supply Condition, states “In addition to the conditions specified in Section 13.24.050, the city council may impose any water rationing requirement as it deems appropriate to protect public health, safety, welfare, comfort and convenience.” The water use restrictions in section 13.24.050 are:

A. Use of water which causes runoff onto adjacent properties, non-irrigated areas, private and public walkways, roadways, gutters, parking lots, or structures is prohibited.

1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=362819&dbid=0&repo=Laserfiche

12.B-1Council Agenda 3-21-2023
Packet Page 102

B. Outdoor water use for washing vehicles, boats, paved surfaces, buildings, and other similar uses shall be attended and have hand-controlled water devices, which shut off the water immediately when not in use.

C. No water shall be used for cleaning driveways, patios, parking lots, sidewalks, streets, or other such uses except as found necessary by the city to protect the public health or safety.

D. Outdoor irrigation
1) Outdoor irrigation is prohibited between the hours of ten a.m. and four p.m. 2) Applying water to outdoor landscapes during and within 48 hours after measurable rainfall is prohibited.
3) Irrigation of private and public landscaping, turf areas and gardens is permitted at even-numbered addresses only on Mondays and Thursdays, and at odd-numbered addresses only on Tuesdays and Fridays. All customers are directed to use no more water than necessary to maintain landscaping.

E. Restaurants shall serve drinking water only in response to a specific request by a customer.

F. Using water in a fountain or other decorative water feature, except where the water is part of a recirculating system, is prohibited.

G. Use of potable water for compaction or dust control purposes in construction activities is prohibited.

H. Emptying and refilling swimming pools and commercial spas is prohibited except to prevent structural damage and/or to provide for the public health and safety.

In addition to the above water use restrictions the Council directed the following water use restrictions be imposed:
 Water leaks be repaired within 72 hours of notification by the City  Extending the prohibited hours for outdoor irrigation from 10 a.m. to 4 p.m. to 8 a.m. to 6 p.m.
 No new lawns to be allowed in the City

Other Agencies
Staff has reached out to other local agencies as well as agencies throughout California through the League of California Cities Public Works Department and have found that other municipalities have adopted the following water use restrictions:
 Mandatory water reduction based upon 2020 usage
o Amount of reduction ranges from 0% to 30% depending on amount of usage o Irrigation meters must reduce use 25%
o Fines for noncompliance with a one-time “water school” to have the fine dismissed
 Landscape irrigation limited to 10 minutes per station on an allowed watering day  Outdoor watering limited to one day per week
 All pools must be covered when not in use
 Mandatory 10% reduction based on 2020 usage

12.B-2Council Agenda 3-21-2023
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Update on Water Supply
The City’s water supply portfolio is made up of three sources: State Water, Lopez Lake Water, and groundwater from the Santa Maria Groundwater Basin (SMGB).

Santa Maria Groundwater Basin
The SMGB is an adjudicated basin, and the City of Pismo Beach has the right to extract 700 acre-fee per year (AFY) from the basin.

The NCMA Technical Group has established a “Deep Well Index Threshold” level of 7.5 feet as a level that can induce seawater intrusion into the basin if the basin remains below that level for an extended period of time.

Previous Index Level
Data Collection Date: October 3, 2022
DWIL: 5.88 feet

1.62 feet lower than the Deep Well Index Threshold

Most Current Index Level
Data Collection Date: February 7, 2023
DWIL: 10.58 feet

3.08 feet higher than the Deep Well Index Threshold

The current DWIL is 4.70 feet higher than the previous level and 1.22 feet higher than one year ago (January 2021). As expected the above average rains have positively impacted the groundwater levels in the Santa Maria Ground Water Basin.

Lopez Lake
Lopez Lake has been operating under the Low Reservoir Response Plan (LRRP), however recent rains have brought capacity over 20,000 AF. Until recent rains, Lopez Lake was expected to drop below 10,000 AF by this time, however the reservoir is now over 80% of its capacity and the LRRP is no long in effect and municipal diversions have been restored to 100%. Further, under the LRRP the City was able to build a surplus of 1,048.0 AF of water in Lopez Lake. Recent Lopez Contract Revisions established storage rights in Lopez Lake and the City of Pismo Beach has built a bank of 1,061.35 AF of storage in Lake Lopez, in addition to the surplus water previously mentioned. This stored water along City’s 892 AF Lopez allocation brings the City’s total available water from the lake to 3,001.35 AF.

As previously stated this year’s above average rainfall has considerably replenished Lopez Lake. Lake levels from November 2, 2021 to March 3, 2023 are shown in Table 1, below.

12.B-3Council Agenda 3-21-2023
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Table 1: Lopez Lake Levels November 2, 2021 – November 4, 2022 Measurement Date Lake Level (AF) % Change
November 2, 2021 14,763.0
January 12, 2022 14,942.8 1.2%
March 9, 2022 14,508.7 -2.9%
April 5, 2022 14,331.6 -1.2%
September 9, 2022 11,942.1 -16.7%
November 4, 2022 11,226.1 -6.0%
January 10, 2023 20,594.3 45.5%
March 13, 2023 39,612.0 92.3%

As of March 13, 2023 the lake level was 24,849.0 AF higher than it was on November 4, 2022.

State Water
There are two components of State Water: Table A allocations and Drought Buffer. “Table A” refers to the amount of water an agency contracts for, while Drought Buffer is an additional allocation that can be delivered when deliveries are set below 100%. The total water delivered (Table A plus Drought Buffer) cannot be more than an agency’s Table A allocation. Further, State Water can be stored, and the amount of storage calculated based upon the total available water (Table A plus Drought Buffer) and the delivery percentage.

The County of San Luis Obispo Flood Control and Water Conservation District (District/County) is one of 29 State Water Project (SWP) Contractors. The County’s total SWP allocation is 25,000 AFY. Of that amount, 4,830 AFY is under contract as Table A allocations amongst the 10 SWP Subcontractors, and an additional 5,747 AFY is under contract as Drought Buffer. This leaves the District with 14,423 AFY of unsubscribed SWP allocations. The City currently has a contract with the District for 1,240 AFY Table A allocation and 1,240 AFY of Drought Buffer.

On December 1, 2022, the State Department of Water Resources (DWR) set initial 2023 State Water Project (SWP) allocations to 5% with SWP Human Health and Safety Needs (HH&S). However, this year’s storms have increased water in 9 of the 17 major SWP reservoirs are at or above their historical averages with respect to storage, and as of March 3, 2023 the California snowpack was 177% of the average (116.5 inches of snowpack with a water equivalent of 41.5 inches at the Phillips Station in the Sierra Nevadas near Lake Tahoe). In response to the increased precipitation the DWR increased State Water deliveries on January 26, 2023 and then again on February 22, 2023 to 30% and 35% respectively.

The City’s current water supplies without additional State Water from the County are shown in Table 2, below.

12.B-4Council Agenda 3-21-2023
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Table 2: Current Pismo Beach Water Supplies

Source
Full
Allocation
(AF)
Percent of
Allocation Allocation (AF)
SMGWB* 700 30% 210.0
State Water** 1,220 35% 427.0
Drought Buffer*** 1,240 35% 434.0
Stored State Water 0.0
Lopez Water 892 100% 892.0
Lopez Surplus 1,048.0
Lopez Storage 1,061.35
Total 2,692 4,072.35
*Santa Maria Groundwater Basin
**In previous reports the City’s Table A water was reported as 1,140 AF, however since the last update to the City Council the City reached a settlement with an outside agency for the return of 80 of the 100 AF of State Water that was previously sold to the outside agency. The City is permitted to use the remaining 20 AF of water under the settlement agreement until the outside agency gives notice it wishes to use the water. ***Drought buffer is an additional allocation of water that can only be delivered when State Water Deliveries are less than 100%. The total amount of State Water delivered including drought buffer cannot exceed 1,240 AF in a given year.

As of the last update to the City Council on January 17, 2023 the City’s water supply without additional County State Water was 1,348.4 AF.

However, taking into account the State Water, the County has agreed to deliver to the City of Pismo Beach, the City’s total available water supply is 5,691.4 AF for 2023.

Precipitation
The City’s two local water supplies, Lopez Lake and the Santa Maria Groundwater Basin, are highly dependent on rainfall. Calendar year 2020 saw a significant shortfall in precipitation, while 2021 saw only a small surplus of rain. 2022 has proven to be drier than both of the previous years. 2023 has started with a significant amount of rain, but this report addresses the period ending 2022. Rainfall data for these years is shown in Table 3, below.

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Table 3: Average and Actual Rainfall from January 2020 to October 2022 Month
Average
Rainfall
(in) *
2021
Rainfall
(in)
Delta
(in)
2022
Rainfall
(in)
Delta
(in)
20223
Rainfall
(in)
Delta
(in)
Jan 3.59 6.46 2.87 0.0 -3.59 8.67 5.08
Feb 3.87 0.03 -3.84 0.08 -3.79 5.31 1.44
Mar 3.46 2.53 -0.93 1.08 -2.38
Apr 1.13 0.0 -1.13 0.49 -0.64
May 0.41 0.1 -0.31 0.0 -0.41
Jun 0.07 0.0 -.07 0.0 -0.07
Jul 0.03 0.03 0.0 0.0 -0.03
Aug 0.02 0.0 -0.02 0.0 -0.02
Sep 0.32 0.0 -0.32 2.62 2.30
Oct 0.62 1.95 1.33 0.0 -0.62
Nov 1.7 0.46 -1.24 1.06 -0.64
Dec 2.57 7.69 5.12 8.40 5.83
Total 17.79 19.25 1.46 0.08 -4.58
2023 Year to Date 13.98 6.52
*Average rainfall from http://longrangeweather.com/

Options for Drought Mitigation: Purchase Additional Drought Buffer via State Water At the November 15, 2022, City Council meeting staff presented the City Council with two options to increase the City’s SWP drought buffer to make the City’s water supply more resilient to drought until Central Coast Blue comes online.

Option A was to increase the City’s drought buffer from 1,240 AFY to 4,960 AFY. This option would provide the City with a full delivery of State Water when deliveries are at 20% (248 AF of Table A deliveries plus 992 AF of drought buffer for a total delivery of 1,240 AF).

Option B was to increase the City’s drought buffer from 1,240 AFY to 3,192 AFY. This option would ensure the City has a total of 1,800 AFY when SWP deliveries are at 20%, assuming an 80% delivery from Lopez Lake and 200 AF from the Santa Maria Ground Water Basin.

The City Council directed staff to work with County staff to pursue Option B. Staff has had initial conversations with County staff on increasing the City’s drought buffer supply, however since the County has agreed to make its subcontractors whole by utilizing County stored State Water and the County’s unsubscribed allocations, staff has delayed moving this forward until later in the water year.

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Water Conservation Efforts
At the October 18, 2022, City Council Meeting, City Council directed staff to implement five additional water conservation incentive programs (Hot Water Recirculation Pump, Washing Machine, Rain Barrel, Smart Controller and Mulch) in addition to the two on- going programs (Cash for Grass and High Efficiency Toilet). Table 4 below lists all current incentive programs.

Table 4: Current Incentive Programs
Rebate Program Amount
Potential
Water
Savings
(Gal/Year)
Potential
Water Savings
(AFY)
$ amount
offered $/AF
Cash for Grass 500 SF 32,396 0.0994 $1,000 $10,058
High Efficiency
Toilet 1 Unit 9,725 0.0298 $100 $3,351
Hot Water
Recirculation
Pump
1 Unit 12,000 0.0368 $100 $2,715
Washing Machine 1 Unit 5,000 0.0153 $150 $9,775
Rain Barrel 2 Unit 1,300 0.0040 $100 $25,065
Smart Controller 1 Unit 6,000 0.0184 $100 $5,430
Mulch NA SF NA NA NA NA

While the City’s Cash for Grass and High Efficiency Toilet Rebate programs continue to be popular among the community, there have yet to be any applications submitted for any of the new incentive programs. Table 5 below details the total number of rebates issued per program thus far.

Table 5: Rebates Issued to Date
Rebate Program # of
Conversions
Rebate
Total
Current
Water
Saving
$/AF
Cash 4 Grass
(Paid Out) 29 $22,287.50 6.16 AF/year $3,617
Cash 4 Grass
(Under
Conversion)
12 $27,234.47 3.35 AF/year $8,140
Toilet (Paid Out) 15 $1,500.00 0.89 AF/year $1,685
Toilet (Under
Conversion) 0 $0 AF/year
TOTAL 56 $51,021.97 10.40 AF/year $4,905

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In an effort to promote the City’s new incentive programs, staff has designed mailers that will be sent out with water conservation tips and information on the City’s water conservation rebate programs. Staff has also produced a series of videos to post on social media titled “No Water Wednesdays” and has been pushing these videos out once a week.

Conclusion and Recommendation
This winter’s precipitation in the form of rain and snow has provided great relief to California’s drought. As of March 9, 2023 the drought monitor put out by the National Drought Mitigation Center and the National Oceanic and Atmospheric Administration, showed that there was no longer extreme drought anywhere in the State and that much of the State was abnormally dry or had no drought indications.

With State Water deliveries up to 35%, and expected to be increased, the County’s excess State Water that has been committed to the State Water Subcontractors, Lopez Lake Deliveries at 100% and the stored water the City has accumulated in Lake Lopez, the City is in a very strong position with respect to its water supply. Staff recommends that the City Council continue to support and promote the City’s water conservation programs and declare a “Normal Water Supply Condition” as defined in municipal code section 13.24.030 by adopting a Resolution (Attachment 1) rescinding Resolutions R- 2022-043, R-2022-004, and R-2021-049, and declaring a Normal Water Supply Condition.

FISCAL IMPACT:

There is no direct fiscal impact from this report.

ALTERNATIVES:

None.

ATTACHMENTS:

1. Resolution
Submitted by: Meeting Date: March 21, 2023
Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

12.B-8Council Agenda 3-21-2023
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RESOLUTION NO. R-2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA DECLARING A “NORMAL WATER SUPPLY CONDITION” AND RESCINDING RESOLUTIONS R-2022-043, R-2022-004, AND R-2021-049 WHEREAS, in response to the once-worsening drought, the City Council took actions to protect the City’s water supply and to encourage conservation; and WHEREAS, on June 1, 2021, the City Council declared a Moderately Restricted Water Supply Condition via Resolution R-2021-049; on January 18, 2022, the City Council declared a Severely Restricted Water Supply Condition via Resolution R-2022-004; and most recently, the City Council declared a Critical Water Supply Condition via Resolution R-2022-043 and adopted an urgency ordinance enacting a prohibition on the installation of natural turf; and
WHEREAS, recent above-average precipitation has helped to replenish surface and groundwater sources; and
WHEREAS, the current deep well index level for the Santa Maria Groundwater Basin was at 10.58 feet as of February 7, 2023, 4.70 feet higher than the previous level and 1.22 feet higher than one year ago (January 2021); and
WHEREAS, Lopez Lake was previously expected to drop below 10,000 acre-feet by this time, however as of March 14, 2023 Lopez Lake was at 40,661.5 acre-feet, or 82.3% of its capacity; and
WHEREAS, the City of Pismo Beach has accumulated a storage in Lopez Lake of 3,001.35 acre-feet; and
WHEREAS, on December 1, 2022, the State Department of Water Resources (DWR) set initial 2023 State Water Project (SWP) allocations to 5% with SWP Human Health and Safety Needs; and
WHEREAS, State Water deliveries were increased on January 26, 2023 and then again on February 22, 2023 to 30% and 35% respectively; and
WHEREAS, the 2022/23 winter’s precipitation in the form of rain and snow has provided great relief to California’s drought; and
WHEREAS, as of March 9, 2023 the drought monitor put out by the National Drought Mitigation Center and the National Oceanic and Atmospheric Administration, showed that there was no longer extreme drought anywhere in the state and that much of the state had no drought indications.

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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby rescinds Resolution R-2022-23, declaring a “Critical Water Supply Condition with Modified Restrictions”; Resolution R-2022-004 declaring a “Severely Restricted Water Supply Condition”; and Resolution R-2021-049 declaring a “Critical Water Supply Condition.”
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby declares a “Normal Water Supply Condition” in accordance with Pismo Beach Municipal Code Section 13.24.030.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 21st day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

12.B-10Council Agenda 3-21-2023
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.C

SUBJECT/TITLE:

FRIENDS OF THE PRICE HOUSE LICENSE AGREEMENT FOR PRICE HISTORICAL PARK

RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to enter into a license agreement with the Friends of the Price House for operation of Price Historical Park through March 2027.

BACKGROUND:

The City of Pismo Beach is the owner of the Price Historical Park. The park includes the Price Anniversary House and the Meherin House. On March 28, 2017, the City granted, and the Friends of the Price House accepted, a five-year license agreement to use the Price House Historical Park which expired on March 27, 2022.

The Friends of the Price House (FOPH) is a tax-exempt public benefit organization defined under the Internal Revenue Code, with the primary purpose of assisting in the restoration preservation, improvement and operation of the Price House, and grounds.

Formed in 1992 by City parks commissioners, City employees, and volunteers, FOPH now has a ten-member board of directors and close to 150 annually renewing members.

The Board has an extensive background. Board members’ experience include a national recognized non-profit executive director, a printing and mail company owner, planning consultant owner, museum curator, education administrator, police officer, chief financial officer, and an outlets general manager.

The FOPH Board has made many improvements and have accomplished various projects to the Price Historical Park. Items include:
 Restoration of the Meherin House and Price House
 Preparing the Price House upstairs for tours
 Developing a development plan
 Reorganizing archives
 Maintaining the orchard and park grounds
 Working with the City to install restrooms and park signage  Utility Shed repair with help from the Five Cities Men’s Club  Gazebo donation from the Rotary Club
 Museum Tours
 Interpretive signage
 Local event participation
 Marketing and website management
 Regular updates and newsletters
 Fundraising and donor support

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The Friends of the Price House wishes to use the Property for activities of a historical nature depicting the cultural history of Pismo Beach and that of southern San Luis Obispo County. The City and FOPH enjoy a mutually beneficial relationship in that the FOPH contributes to the improvement of City property and makes available public facilities for public visitation. The FOPH also interacts and communicates well with City staff.

On June 29, 2022, the City Manager, staff, and Friends of the Price House Board met to hold a strategic planning session. The discussion highlighted strengths, weaknesses, opportunities and threats to the Property, as well as future projects and funding. The items discussed were incorporated into a Draft License Agreement.

On September 7, 2022, staff attended the Friends of the Price House Board meeting.

During the meeting staff reviewed the Draft Licensing Agreement with the FOPH Board.

The Board made a list of renewal requests. These requests included:

 Post-dating the License Agreement to the prior Agreement’s termination date.  Changing the name of the Maintenance Barn to Maintenance Facility.  Changing the Fruit Tree Orchard from Priority Use definition to Designated Use.

These comments were included in the final draft of the License Agreement.

On October 7, 2022, a final draft of the License Agreement was sent by staff to the Friends of the Price House for review. The License Agreement included the requests made by the Friends of the Price House Board of Directors and clarified the definition of “Designated Use” as meaning use to the exclusion of the City’s park rental system, and “Priority Use” as meaning use prioritized over the City’s park rental system.

On November 9, 2022, the City Manager, staff and Friends of Price House Board met.

The discussion was to finalize the License Agreement and to discuss a master plan for the Price House Park. At the end of the meeting the License Agreement was approved by the Friends of Price House Board. During the legal approval process by the City Attorney, the City also added a workplace harassment statement to the License Agreement. The License Agreement is now before the Council for consideration and approval.

Conclusion and Recommendation
In order to continue the mutually beneficial relationship between the City and the Friends of the Price House, staff recommends that the Council adopt a Resolution provided as Attachment 1 authorizing the City Manager to enter into a licensing agreement for operation of the park through March 2027.

FISCAL IMPACT:

There are no direct or immediate fiscal impacts for approving this Resolution and license agreement. Any adjustments necessary will be made during the budgeting process.

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ALTERNATIVES:

1. Do not adopt the Resolution; provide staff with direction.

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: License Agreement
Submitted by: Meeting Date: March 21, 2023
Gordon Jackson, Tourism and Events Director
City Manager Approval:

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RESOLUTION NO. R-2023-XXX

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

CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSING

AGREEMENT WITH THE FRIENDS OF PRICE HOUSE FOR OPERATION OF PRICE HISTORICAL PARK THROUGH MARCH 2027
WHEREAS, the City of Pismo Beach is the owner of the real property ("Property") shown on Exhibit "A" to a proposed license agreement attached hereto and incorporated herein; The Property includes:

1. The Price Anniversary House, 100 Rancho Pismo Drive, Pismo Beach, California (“Price House”).

2. The Meherin House, 100 Rancho Pismo Drive, Pismo Beach, California ("Meherin House"); and
WHEREAS, Friends of the Price House (“FOPH”) is a tax-exempt public benefit organization defined under the Internal Revenue Code, with the primary purpose of assisting in the restoration, preservation, improvement and operation of the Price House and grounds; and
WHEREAS, FOPH wishes to use the Property for activities of a historical nature depicting the cultural history of Pismo Beach and that of southern San Luis Obispo County; and WHEREAS, the City is willing to grant to FOPH a license for the uses of the Property set forth above, subject to the terms and conditions of this License.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager enter into a license agreement with the Friends of the Price House through March 2027, in substantially the form attached hereto as 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 21st day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 3-21-2023 12.C-4
Attachment 1
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LICENSE AGREEMENT
BETWEEN THE CITY OF PISMO BEACH AND FRIENDS OF THE PRICE HOUSE, INC.

This License Agreement ("License") is made as of the date the License Agreement is fully executed by all parties, by and between the City of Pismo Beach ("City") and Friends of the Price House, a California non- profit corporation ("FOPH").

RECITALS

WHEREAS, the City of Pismo Beach is the owner of the real property shown ("Property") on Exhibit "A", attached hereto and incorporated herein. The Property includes:

1. The Price Anniversary House, 100 Rancho Pismo Drive, Pismo Beach, California ("Price House").

2. The Meherin House, 100 Rancho Pismo Drive, Pismo Beach, California ("Meherin House").

WHEREAS, FOPH is a tax-exempt public benefit organization defined under the Internal Revenue Code, with the primary purpose of assisting in the restoration, preservation, improvement and operation of the Price House and grounds.

WHEREAS, FOPH wishes to use the Property for activities of a historical nature depicting the cultural history of the City of Pismo Beach and that of southern San Luis Obispo County.

WHEREAS, City is willing to grant to FOPH a license for the uses of the Property set forth above, subject to the terms and conditions of this License.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Grant of Revocable License. City grants and FOPH accepts a license to use the Property for the License Period and any Extended License Period subject to the terms and conditions set forth in this License.

2. License Period. The License Period shall be for five (5) years commencing March 28, 2022, and ending March 28, 2027, unless terminated sooner by either party in accordance with this License.

3. Extended License Period. Subject to earlier termination by either party in accordance with this License, FOPH shall have the right to extend the License for one Extended License Period of five (5) years on the same terms and condition described in this License by submitting such request to the City Manager in writing, provided that FOPH shall not be in default under any provision of this License. Payment of the then-due annual license fee, and acceptance thereof by City, shall constitute extension of the License.

4. License Fee Paid During Initial License Period. FOPH agrees to pay in advance and in lawful money of the United States an annual license fee of one dollar ($1 ) per year to City. The first License Fee shall be paid following the execution of this license by the Parties hereto. FOPH shall have the option of paying the fee up front for the applicable full term or said fee shall thereafter be paid to City on the same day of each and every year for the License Period and any Extended License Period.

All License Fees and other charges due under this License shall be payable to the City of Pismo Beach and shall be remitted to the Finance Department, Attention: Finance Director, 760 Mattie Road, Pismo Beach, CA 93449.

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5. Use. As used herein, “Designated Use” shall mean use to the exclusion of the City’s park rental system, and “Priority Use” shall mean use prioritized over the City’s park rental system. FOPH shall have Designated Use of Sites 1 through 7 and Priority Use for Reservations of Sites 8 through 10, as shown on Exhibit "A", as follows:

a. (Site #1 ) Price Anniversary House. The use of the Price House and picket-fenced yard shall be restricted to a historical museum and other related activities open to the public and/or used to hold meetings of FOPH. FOPH shall be entitled to charge admission for entrance into the Price House. The interior of the Price House will not be available for rental on the park rental system administered by the City, except that FOPH may offer Open House or Tours associated with grounds rentals that are available on the city park rental system.

b. (Site #2) Meherin House. The use of the Meherin House and picket-fenced yard may be as a museum, displays of period lifestyle appropriate to the era of the home, other related activities open to the public, and/or used to hold meetings of FOPH. FOPH shall be entitled to charge admission for entrance into the Meherin House. When ready for public occupancy, rentals by the City of portions of the ground floor of the Meherin House will be coordinated with FOPH and will be included as part of the park rental system administered by the City.

c. (Site #3) Orchard. The use of the Orchard shall be identified as FOPH Designated use, cultivation of fruit bearing plants and trees and FOPH outdoor activities.

d. (Site #4) Event Green. FOPH shall initially have Designated Use of the Event Green between the Houses, and it will not be offered in the park rental system administered by the City, until the Event Green is graded/walled/landscaped/constructed in accordance with a City- approved Landscape Improvement Plan. Upon competition of the Event Green, FOPH will have Priority Use, per Subsection g below.

e. (Site #5) Maintenance Facility. FOPH shall initially have Designated Use of storage in the Maintenance Facility for antique storage and event and maintenance equipment. The restrooms will be lockable and available for park events. Upon construction of the Maintenance Facility, which may contain a Catering and/or Prep Kitchen, an adjoining Picnic Area, Restrooms, and storage/maintenance space, the Prep Kitchen, Restroom and Picnic area will be available through the park rental system administered by the City.

f. (Sites #6 and #7) Buggy Barn, Milk House, and Fenced Storage Area. FOPH shall have Designated Use of the Buggy Barn and Milk House and the enclosed area containing the Buggy Barn and Milk House. Upon completion of the Maintenance Barn, the fence for the remaining area will be re-configured. Upon completion of restoration of the Buggy Barn and/or Milk House, the enclosure may be open for tours.

g. City Rental Venue Areas. In addition to Designated Uses itemized in subsections a. through f., FOPH shall have Priority Use over other portions of the park, as follows: Subject to FOPH's providing written notice to City not later than February 28 during each year of this License, and upon written authorization from the City, FOPH may have Priority scheduling, and may charge fees, for areas of the Park not identified as Designated Use for FOPH, for up to six (6) events annually that are related to FOPH's use of the park. There shall be no facility charge payable by FOPH to City for such events. FOPH may reserve additional venues for events in excess of the six (6) events authorized by this subsection, subject to the City's regular facility fee according to the City's Master Fee Schedule and reserved through the park rental system administered by the City.

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h. Park Rental and Public Use. Areas not identified as FOPH Designated Use, and not reserved by FOPH as provided herein, will be open to the public and may be included in the park rental system administered by the City. City will advise FOPH when a portion of the park is reserved or has a reservation pending.

i. FOPH Property Tours and FOPH Events of less than 50 people. FOPH may conduct walking history tours on all days and of all areas of the Park, except that scheduling of such tours in rentable areas is subordinate to park rentals by the public through the park rental system administered by the City. Neither FOPH Property Tours nor FOPH Events of less than 50 people require City SEC permit.

j. Additional use restrictions. Additional use restrictions shall be as set forth in Exhibit B.

6. Improvements. FOPH is encouraged to move forward with self-funded improvements or alterations to the Property included within City approved planning documents. Where permits are required by the City, FOPH will act as the applicant to obtain required permits. Where permits are not required, FOPH will be allowed to move forward with improvements consistent with the City approved development documents upon approval by the City Manager. FOPH is encouraged to share their project work plans with the City regularly to coordinate efforts.

a. Conditions of Approval. City may impose as a condition to the aforesaid consent such requirements as City may deem necessary in its sole discretion, including without limitation thereto, performing the work itself, specifying the manner in which the work is to be done, selecting the contractor by whom the work is to be performed and the times during which it is to be accomplished, and requiring the removal of any additions, alterations or improvements upon the expiration of the License Period and the restoration of the Property to the same condition as on the date FOPH took possession. All work with respect to any addition, alteration or improvement shall be done in a good and workmanlike manner by properly qualified and licensed personnel approved by City, and such work shall be diligently prosecuted to completion.

b. Improvements Required by Law. Subject to the approval conditions of this Section, FOPH shall, at no cost to City, make or cause to be made all improvements or alterations to the Property required by law due to FOPH's use of the Property or FOPH's application for any governmental permit. If City shall be required by any governmental agency to make any improvements or alterations to the Property, City shall have the option to terminate this License.

c. Alterations and Additions. All improvement projects on the Property shall be done under proper permits and in accordance with local regulations and codes in effect at the time and the special requirements of the City of Pismo Beach and its Community Development and Public Works Departments, subject to California and federal regulations for historic preservation. All such work shall be done in accordance with complete and detailed review and approval by the appropriate City department. City may consult at its own option, with FOPH regarding additional grant-funded or other improvements to the Property as set forth in the master plan for the Property.

d. Liens. FOPH shall pay the costs of any work done by it on the Property and shall keep the Property, buildings and grounds free and clear of liens of any kind. FOPH shall indemnify, defend against and keep City free and harmless from all liability, loss, damage, costs, attorneys' fees and any other expense incurred on account of claims by any person Council Agenda 3-21-2023 12.C-7
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performing work or furnishing materials or supplies for FOPH or any person claiming under FOPH. Before the actual commencement of any work for which a claim or lien may be filed, FOPH shall give City notice of the intended commencement date a sufficient time before that date to enable City to post notices of non-responsibility or any other notice which City deems necessary for the proper protection of City's interest in the Property, buildings or grounds, and City shall have the right to enter the Property and post such notices at any reasonable time.

e. Bonds. City may require, at City’s sole option, that FOPH Is Contractor, or if City's Contractor is performing the Work, the City's Contractor, provide to City, at FOPH's expense, a performance bond in an amount equal to at least one and one-half (1-1/2) times the total estimated costs of any additions, alterations or improvements to be made in or to the Property, and a payment bond in an amount equal to at least 100% the total estimated costs to protect City against any liability for mechanic's and materialmen's liens and to insure timely completion of the work. Nothing contained in this Section shall relieve FOPH of its obligation to keep the Property, buildings and grounds free of all liens.

f. Removal of Improvements upon Termination of License. If FOPH makes any improvements or alterations to Property, City shall have the option to require FOPH to remove any such improvements or alterations made by FOPH prior to the end of this License at no cost to City. If FOPH fails to comply with City's request to remove any such improvements or alternations, City shall have the option to remove any such improvements or alterations at FOPH's cost. In that event, FOPH shall promptly reimburse City for City's cost within ten (10) days after receiving City's written demand. If any improvements or alterations are not removed when this License terminates, such improvements or alterations shall become part of the Property and FOPH shall not have any claim against City or interest in such improvements or alterations. Provided, however, FOPH's equipment, machinery and trade fixtures which can be removed without damage to the Property shall remain the property of FOPH and may be removed, subject to the provisions of this License. At the end of this License, should it not be renewed, or in the event FOPH dissolves, FOPH agrees to donate the furnishings and exhibits FOPH placed on the Property to the City at no cost to the City.

7. Landscaping, Maintenance, and Repair of the Property. Except as set forth in the following sentence, City shall be responsible for the landscaping, repair and structural maintenance of the Property, including without limitation the Price and Meherin Houses, at no cost to FOPH. FOPH shall be responsible for the cosmetic maintenance and repair of the Price Anniversary House and Meherin House, and janitorial and custodial services at the Houses, at no cost to City for the License Period and any Extended License Period. The scope and frequency of FOPH's janitorial and custodial services to the Property are more specifically described in Exhibit B attached hereto and made a part hereof. If such services required of FOPH are not provided and if the condition continues for more than 30 days after receiving written notice from City, FOPH shall be in default and City shall be entitled to exercise all rights and remedies under this License.

8. Utilities, Telephone/CabIe Television, Security Services, Garbage Service, and Temporary Restrooms. City shall pay for the following utilities: gas, electricity, security services, water and wastewater serving the Property. FOPH shall pay for all other utilities. City shall be responsible for providing security services to the Price Anniversary House and Meherin House and the to-be-built Maintenance Barn and Prep Kitchen. At no cost to FOPH, City shall at a minimum install and maintain fire detection and alarm system that shall comply with all applicable code requirements. City shall provide park operations trash removal to the Property.

Council Agenda 3-21-2023 12.C-8
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9. Hazardous & Toxic Materials. FOPH shall not use, create, store, or allow any hazardous and toxic materials on the Property except for those materials and supplies normally and customarily used for residential housekeeping, maintenance, or cleaning. FOPH shall not cause or allow the deposit or disposal of any such hazardous or toxic materials on the Property.

10. Insurance. FOPH shall purchase and maintain insurance policies in an amount and coverage satisfactory to City for the License Period and any Extended License Period. A copy of all required insurance policies shall be delivered to City prior to the execution of this License unless City shall request from FOPH a Certificate of Insurance.

a. FOPH's Insurance. FOPH's insurance policies shall consist of at least the following:

Comprehensive or Commercial Form General Liability Insurance (contractual liability and fire legal liability included), with minimum limits as follows:

1. Each Occurrence: One Million Dollars ($1,000,000)

2. Products/Completed Operations Aggregate: One Million Dollars ($1,000,000)

3. General Aggregate: Two Million Dollars ($2,000,000)

b. If the insurance is written on a claims-made form, following termination of this License, the coverage shall survive for a period of not less than three years. Coverage shall provide for a retroactive date of coverage coinciding with the commencement date of this License.

c. If FOPH has employees, Workers' Compensation and Employers Liability Insurance in a form and amount covering FOPH's full liability under the Workers' Compensation Insurance and Safety Act of the State of California as amended from time to time. FOPH shall also obtain appropriate insurance to cover bodily injury to any of its volunteers.

d. Such other insurance in amounts which at any time may be reasonably required by the City against other insurable risks relating to FOPH's use of the premises.

In each of the insurance policies referenced under this paragraph, the City of Pismo Beach, its elected and appointed officials, officers, agents, and volunteers shall be named as additional insureds. Prior to the execution of this License, FOPH shall either furnish the City with a copy of the insurance policies or Certificates of Insurance and endorsements evidencing compliance with all insurance requirements. The Certificates shall contain provisions for thirty (30) day advance written notice to City of any modification, change or cancellation of any of the above insurance coverage. If the policy cannot be amended to require such notice, FOPH shall provide City such notice not later than 24 hours after the effective date of such changes.

11. Exemption of City from Liability. As pertains to the interior of the Price Anniversary House and the Meherin House, and portions of the to-be-built Maintenance Barn and Prep Kitchen, except when such structures or areas are rented to the public through the City Rental System, FOPH agrees that City shall not be liable under this License for any injury to FOPH's business or loss of FOPH’s income or for damage to the goods, wares, merchandise or other property of FOPH, FOPH's employees, invitees, customers, or any other person in or about the Property, nor shall the City be liable for injury to any of FOPH's employees, agents or contractors, as a result of any condition of the Property or any building or structure on the Property, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, lighting fixtures, or from any other cause in or about the Property, whether the said damage or injury results from conditions arising from the Property or in other parts of the buildings or structures on the Property, or from other sources or places on the Property and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to FOPH.

Council Agenda 3-21-2023 12.C-9
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12. Relationship with City. No person employed or otherwise retained by FOPH shall give direction to City employees except through the City’s designated Staff Liaison. In the event a FOPH Board Member, docent or other representative of FOPH is the subject of an investigation relating to workplace harassment of a City employee, volunteer or agent, City staff may, at its discretion, depending on the nature of the allegations, bar such person from the Property and from interaction with City staff until the conclusion of the investigation. In the event the person is found to have committed unlawful harassment against a City employee, City official, City contractor, or member of the public in the course of the person’s work for FOPH, the City may permanently bar the person from the Property and from interactions with City staff.

13. Relocation. FOPH understands and agrees: (1) that FOPH shall not be eligible for any relocation benefits when this License terminates, (2) that this License shall not create any rights or interests in FOPH to receive any relocation benefits and (3) that FOPH shall not make any claims against City for any relocation benefits. As a material inducement for City to enter into this License, FOPH waives all rights to any relocation benefits under any applicable law or regulation and releases City from any obligation to provide any relocation benefits.

14. Possessory Interest Taxes. If FOPH's interest under this License is subject to any possessory interest tax or other property tax, FOPH shall be responsible for the payment of such taxes or assessments.

15. Retained Right of Entry. City may enter the Property at any time to use, inspect, install, construct, repair or maintain any part of the Property.

16. Condition of Property. FOPH has inspected the Property and agrees to accept the Property in the "as is" condition, without any warranty expressed or implied. When the License terminates, at FOPH’s own cost, FOPH shall clean and restore the Property to the condition that existed on the day this License Period commenced, except for normal wear and tear.

17. Assignment or Subletting. This License is personal to FOPH. FOPH shall not transfer, pledge, assign or sublicense this License or any rights or interest under this License. Any attempted transfer, pledge, assignment, or sublicense of this License shall be null and void resulting in a default under this License.

18. Termination. This License is not intended to serve as or be interpreted as a lease or any other similar estate in real property between the City and FOPH. Either party may terminate this License at any time, by providing written notice to the other party of said termination at least ninety (90) days prior to the effective date of any such termination.

19. Notices. Any notice, demand, or communication relating to this License shall be delivered personally or sent by prepaid, registered, or certified, U.S. Mail addressed to the respective parties. Any notice given by certified or registered mail shall be deemed given on the third business day after its deposit in the United States mail. Each party may by written notice to the other party change the address to which notices shall thereafter be mailed.

To: City of Pismo Beach
Attention: City Manager
760 Mattie Road
Pismo Beach, CA 93449

To: Friends of the Price House
PO Box 1418
Pismo Beach, CA 93448-1418

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20. Default. The occurrence of any of the following events shall constitute a default under this License:

a. Failure to pay any sums of money due under this License when such failure to pay continues for ten (10) days after FOPH shall have received notice from City.

b. Failure to perform any other provision of this License if the failure to perform is not cured within thirty (30) days after FOPH shall have received notice from City. If the default cannot be reasonably cured within thirty (30) days, FOPH shall not be in default if FOPH commences to cure the default within such thirty (30) day period, notifies City in writing of its intention to cure the default, and exercises due diligence and best efforts to cure the default.

c. FOPH shall have abandoned the Property or have breached or violated any terms and conditions of this License.

21. City's Remedies. In the event of any default by FOPH, City shall have the following remedies in addition to all other rights and remedies provided by law or otherwise provided in this License which City may enforce cumulatively or in the alternative:

a. City shall have the option to keep this License in force and effect and to enforce any action at law or in equity to: (1 ) recover any sums of money becoming due under this License, (2) make payments required by FOPH or perform FOPH's obligations and to be reimbursed by FOPH for such cost with interest at the then maximum rate of interest permitted by law from the date of City’s payment until City is reimbursed, and (3) remedies of injunctive relief and specific performance to prevent FOPH from violating the terms of this License and to compel FOPH to perform its obligation under this License.

b. City shall have the option to terminate this License by providing written notice to FOPH to be effective on the date set forth in such termination notice. Any such termination shall not release FOPH from its obligation to make any payments due under this License or to comply with any provision of this License.

c. In the event that FOPH abandons the Property, City may terminate this License provided that City shall first provide written notice to FOPH with express notice of such termination.

22. Damage or Destruction. If all or part of the Property is destroyed or damaged from any cause and the resulting damages frustrates FOPH's use of the Property or causes the use of Property to be unfit for the intended purpose or use described in this License or creates a unsafe or hazardous condition, either party shall have the option to terminate this License upon written notice to the other party. In any event, City shall not have any obligation to FOPH under any circumstances to repair any damage to the Property or to rebuild any structure on the Property.

23. Compliance with Laws. FOPH shall at all times and at no cost to City comply with all applicable laws and regulations relating to this License.

24. Condemnation. If all or part of the Property is taken under the power of eminent domain, or sold under the threat of condemnation, either party shall have the option to terminate the License upon thirty (30) days written notice to the other party.

25. Legal Effect. This License shall not be construed as a partnership between City and FOPH and it is not intended to create a third-party beneficiary contract.

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26. Entire Agreement. This License contains the entire agreement of the parties relating to the subject matter of this License and may not be amended except in writing signed by both parties. Any prior lease or agreement between the parties shall have no force and effect on this License.

In Witness hereof, the parties have executed this License on the dates set forth below.

CITY:

City of Pismo Beach, a Municipal Corporation

Signed:

Name: James R. Lewis
Title: City Manager
Dated: ________________________________

ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk

APPROVED AS TO FORM:

Signed:

Name: David M. Fleishman
Title: City Attorney
FOPH:

Friends of the Price House, a California non-
profit corporation

Signed:

Name: Jeannie Nix
Title: President
Dated: ________________________________

Email address for official communications:
______________________________________

Attachments:

Exhibit A: Price House Historical Park Property Diagram Exhibit B: Additional Maintenance And Use Provisions

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Attachment 1A
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EXHIBIT A

Price House Historical Park Property Diagram

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Attachment 1A
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EXHIBIT B

Additional Maintenance And Use Provisions

1. Minimum Requirements. The scope of services and the time for such services to be provided by FOPH are minimum requirements. FOPH shall provide such services to the Property in a professional and workmanlike manner creating an appearance and atmosphere that is appealing and inviting to the general public. FOPH shall expand the scope of services and time required to provide such services if the overall appearance of the Property falls below the standards required to maintain the Property consistent with its historical and architectural value as a landmark property.

2. Minimum Standards. The Price Anniversary House has been designated a Historical Landmark of the City (Resolution 87-133), a California Point of Historical Interest (SLO-002) and has been placed on the National Register of Historic Places (88002013). The Meherin House is a Pismo Beach historic home.

FOPH agrees to provide such janitorial and custodial services for the Houses and to maintain the Orchard at a high level consistent with properties having such designations that are open to the general public and viewed as a landmark property.

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Attachment 1A
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.D

SUBJECT/TITLE:

AB 2449 LEGISLATIVE MEETING TELECONFERENCE POLICY AND PROCEDURE

RECOMMENDATION:

Adopt a Resolution establishing policies and procedures for compliance with Assembly Bill 2449 relating to teleconference participation in legislative meetings.

BACKGROUND:

The provisions of Assembly Bill 2449 (Rubio) became effective January 1, 2023. This bill amends the Brown Act with respect to the virtual (teleconference) participation in legislative meetings by legislative body members. The provisions of this bill will apply to all meetings of the City Council; Conference and Visitors Bureau Board; Parking Advisory Committee; Parks, Recreation and Beautification Commission; and Planning Commission.

On February 21, 2023, the City Council directed staff to return with a policy detailing the compliance measures that will be required of the City’s legislative body members. This report will summarize the provisions of AB 2449 for reference, as well as the proposed local compliance procedures (Attachment 1).

Pandemic-Era Meeting Practices
Since the beginning of the COVID-19 pandemic, a virtual platform (Zoom) has been used for teleconference participation in the City’s legislative meetings. Since the time in-person meetings were resumed, meetings have been held by default as “hybrid” meetings, which denotes that the meeting is held in person for all intents and purposes, and that a virtual access option is also provided. Generally, any combination of legislative body members, staff, and members of the public have been able to attend a meeting virtually, so long as at least a quorum of the legislative body was within the City’s geographic jurisdiction.

Through the end of 2022, there was no limitation on the number of meetings a legislative body member could attend remotely, or on the reasons for remote attendance, but as of January 2023, that flexibility has been significantly curtailed by AB 2449. Staff anticipates that the City will continue to use the “hybrid” meeting model for the foreseeable future, though there is no legal obligation to offer a virtual attendance option.

Current Regulatory Environment
With AB 2449 becoming effective on January 1, 2023, there are presently three options that may potentially be utilized for teleconference attendance by Legislative Body Members (Members):

 Traditional Teleconference Regulations. The Brown Act has always offered the option for Members wishing to attend by teleconference (historically, this has meant literally by telephone). Stringent requirements for traditional Council Agenda 3-21-2023 12.D-1
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teleconferencing include publication of the member’s physical address on the agenda itself, as well as the posting of the agenda, allowing public access, calling for public comment, and ensuring ADA access, at the remote location. This option has been utilized only occasionally in Pismo Beach. This traditional model remains available in the event a Member wishes to comply with the full requirements.

 Emergency Teleconference Regulations / AB 361. In early 2020, Governor’s Orders N-29-20 and N-08-21 effectively suspended traditional teleconference requirements for health and safety reasons, making it possible for Members to join a meeting virtually without advance noticing or providing direct public access to the location. AB 361 (Rivas), effective October 2021, codified these provisions in the Brown Act through January 2024, allowing agencies to continue to utilize relaxed teleconferencing standards during declared states of emergency, provided that the legislative body made certain findings every 30 days relating to the continued need to hold virtual meetings for health and safety reasons. City legislative bodies made these findings until the end of 2022. The findings have been discontinued locally, but in the event a qualifying emergency order were to be enacted prior to January 1, 2024, the provisions of AB 361 would again be an option, if appropriate findings could be made. On January 1, 2024, AB 361 will sunset entirely.

 New Teleconference Regulations / AB 2449. Beginning January 2023, AB 2449 further amends the Brown Act to regulate teleconference participation in legislative meetings, offering a complex alternative to traditional teleconference options. This bill significantly limits the use of remote teleconferencing compared to that which has been permitted under emergency teleconference regulations enacted at the start of the COVID-19 pandemic. AB 2449 regulates only attendance by legislative body members and does not regulate attendance by staff or the public. However, the bill does impose a number of requirements on the City relating to meeting administration, creating additional implementation workload for staff.

Bill and Policy Provisions
Key provisions of the bill, as well as the proposed companion policy provisions, are outlined below.

Limitations on Use

Bill requirements:
 Legislative body members may participate remotely under AB 2449 a limited number of times per year. Overall, a member may remotely participate in meetings under this law for no more than three consecutive months; and for no more than 20% of the regular meetings for the legislative body within a calendar year (capped at 2 meetings per year for bodies that meet fewer than 10 times per year). These limits, detailed in the Policy, factor in Regular, Special, Closed Session, and all other meetings.

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 Regardless of other factors, use of the “Just Cause” exception is capped at 2 meetings per year regardless of the body’s meeting schedule.

Companion policy provisions:
 Calculation of these limits will be based on the number of regular meetings a legislative body would have in a year under its adopted schedule, not accounting for any cancellations.

Selection of an Exception

Bill requirements:
 A member of a legislative body wishing to participate remotely under AB 2449 may do so either for “just cause” or under “emergency circumstances,” as those terms are defined by the bill.

Companion policy provisions:
 The law does not clearly delineate the difference between the circumstances of two exceptions, and the Member shall be responsible for their determination as to the appropriate exception, which staff will accept at face value.

Option 1: Just Cause Exception

Bill requirements:
 This exception may be invoked in cases of caregiving of a dependent; contagious illness; need related to a physical or mental disability; official governmental travel.

 The Member must notify the legislative body at the earliest possible opportunity, up to and including at the start of a meeting, of their “Just Cause” need to participate remotely.

 The Member must also provide a “general description” of the circumstances relating to the member’s need to appear remotely, which need not be more than 20 words or disclose any personal medical information.

 The Member must disclose, before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location, and the general nature of the member’s relationship with the individual. This disclosure must take place during the meeting itself, even if the notification and description were given in advance.

Companion policy provisions:
 Under the City’s local implementation practices, any of these compliance measures that must be addressed during the meeting shall be addressed at the start of the meeting. Time shall be set aside as soon as the meeting is convened, but prior to the attendance roll call, for the Mayor or Chair to assure that any necessary business is conducted.

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 The Member shall deliver the notification and description of circumstances by email to the legislative body in advance of the meeting, in which case the message will be retained as agenda correspondence, and/or orally at the beginning of the meeting during this period, in which case the statement will be reflected in the meeting record.

 The required disclosure regarding other adults in the room will also take place during this allotted time.

Option 2: Emergency Circumstances Exception

Bill requirements:
 This exception may be invoked in cases of a physical or family medical emergency that prevents a member from attending in person.

 The Member must make a request to the legislative body at the earliest possible opportunity, up to and including at the start of a meeting, to attend by teleconference. The legislative body must take action by majority vote, during the meeting, to approve the request.

 The Member must also provide a “general description” of the circumstances relating to the member’s need to appear remotely, which need not be more than 20 words or disclose any personal medical information.

 The Member must disclose, before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location, and the general nature of the member’s relationship with the individual. This disclosure must take place during the meeting itself.

Companion policy provisions:
 Under the City’s local implementation practices, any of these compliance measures that must be addressed during the meeting shall be addressed at the start of the meeting. Time shall be set aside as soon as the meeting is convened, but prior to the attendance roll call, for the Mayor or Chair to assure that any necessary business is conducted.

 The Member shall deliver the request and description of circumstances by email in advance of the meeting, in which case the message will be retained as agenda correspondence, and/or orally at the beginning of the meeting during this period, in which case the statement will be reflected in the meeting record. If the request is made prior to the meeting, the body must still act on the request during the meeting.

 The required disclosure regarding other adults in the room will also take place during this allotted time.

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Other Provisions

Bill requirements:
 At least a quorum of the members of the legislative body must participate at a singular physical meeting location identified on the agenda, within the local agency’s jurisdiction, and open to the public. This means that no more than two Members may utilize these relaxed teleconference provisions at one meeting. In the event fewer than three members were to be physically present at the beginning of a legislative meeting, no meeting could be called to order.

 Members participating remotely must participate through both audio and visual technology.

 Each agenda must describe the means by which members of the public may observe or attend the meeting and offer public comment, including a way to attend via teleconference platform. Members of the public must be allowed to make public comment in real time during all allotted public comment periods.

 Meeting proceedings must be suspended in the event of a disruption that prevents the transmittal of meeting video and audio to the public, or prevents the receipt of public comment, on the teleconference platform, until meeting audio and video service are restored.

 All votes taken at a meeting where any Member attends by teleconference under the provisions of AB 2449 must be taken by roll call vote.

Enforcement and Absences
AB 2449 contains no enforcement provisions above and beyond the Brown Act’s existing “cure and correct” provisions.

While Members will generally be responsible for their own conduct in terms of complying with AB 2449 and this companion policy, failure to comply with the law will constitute a violation of the Brown Act, potentially jeopardizing the validity of meeting proceedings.

The City, therefore, has an interest in assuring to the best of its ability that any Members attending a meeting by teleconference do so in compliance with the law, and this policy is tailored with that in mind.

Staff recommends that, in the event a Member attempts to attend a meeting by teleconference in excess of the allowable number of times per year; in excess of three consecutive months; without making the necessary notices, requests, or disclosures; or if the Member’s request to attend under the “Emergency Circumstances” exception is made but not approved, the Member be counted as absent for the attendance roll call, and in the meeting record. In this event, the Member would be permitted to remain on the teleconference platform and observe the meeting, but as a passive attendee, and not be permitted to vote on any motions presented.

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Existing policies and laws regulating legislative body member absences (including adopted Bylaws for Advisory Body Members, and Government Code Section 36513 for Council Members) will not be affected by this legislation or the City’s policy.

Conclusion and Recommendation
In order to clarify and assure uniformity in the City’s practices for implementing the requirements of Assembly Bill 2449, staff recommends that the City Council adopt a resolution (Attachment 1) establishing a policy and procedure for teleconference attendance at legislative meetings under the provisions of the bill.

AB 2449 is projected to sunset on January 1, 2026, after which, unless further legislation is adopted, only the pre-pandemic, traditional Brown Act rules will remain. As such, the City’s policy will expire concurrently.

FISCAL IMPACT:

There is no fiscal impact from adoption of this policy. Any additional workload associated with compliance with Assembly Bill 2449 will be absorbed and not impact the adopted budget.

ALTERNATIVES:

1. Amend, and then adopt, the resolution.

2. Do not adopt the resolution; provide alternative direction to staff.

ATTACHMENTS:

1. Resolution
Submitted by: Erica Inderlied, City Clerk Meeting Date: March 21, 2023 City Manager Approval:

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RESOLUTION NO. R-2023-XXX

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

CALIFORNIA ESTABLISHING POLICIES AND PROCEDURES FOR COMPLIANCE WITH ASSEMBLY BILL 2449 RELATING TO TELECONFERENCE PARTICIPATION

IN LEGISLATIVE MEETINGS
WHEREAS, Assembly Bill 2449, effective January 1, 2023, amends the Brown Act, California Government Code Sections 54950 et seq., as it pertains to teleconference meeting participation by legislative body members; and
WHEREAS, AB 2449 will significantly curtail the ability of legislative body members to attend meetings virtually as compared to the relaxed teleconferencing laws that were enacted at the beginning of the COVID-19 and have seen been in effect; and WHEREAS, addressing these complex new regulations uniformly across all of the City’s legislative bodies will require the establishment of policy and procedure.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach as follows:

I. Applicability.

When a legislative body member wishes to attend a legislative meeting by teleconference under the provisions of Assembly Bill 2449, codified at California Government Code Section 54953(f) et seq., the following policies and procedures shall apply. Nothing herein is intended to prevent a member’s ability to attend a legislative meeting remotely if such attendance is otherwise authorized by Government Code Section 54953.

II. Terms.
“Chairperson” shall mean the Mayor or Chair of the legislative body, as applicable. “Vice- Chairperson” shall mean the Mayor Pro Tempore, or Vice-Chair of the legislative body, as applicable.
“City” shall mean City of Pismo Beach.
“Description” shall mean a brief general description of a legislative body member’s circumstances that warrant teleconference meeting attendance under the “Just Cause” exception or “Emergency Circumstances” exception, which need not exceed 20 words and need not to disclose any medical diagnosis, disability, or exempt personal medical information. (GC 54953(f)(2)(A)(i)–(ii))
“Disclosure” shall mean an announcement by the Member, made during the legislative meeting where the Member will attend by teleconference, disclosing the presence of other Council Agenda 3-21-2023 12.D-7
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individuals over the age of 18 in the room at the Member’s teleconference location, and the general nature of the individual’s relationship to the Member. (GC 54953(f)(2)(B)) “Legislative body” shall have the same meaning as prescribed by Government Code Section 54952, i.e. a body that is subject to the Ralph M. Brown Act. “Meeting” and “legislative meeting” shall have the same meaning as prescribed by Government Code Section 54952.2, i.e. a meeting of a legislative body that is required to be noticed under the Ralph M. Brown Act.
“Member” shall mean a member of a legislative body.
“Notification” shall mean a notification from a legislative body member of the Member’s need to attend a meeting by teleconference under the “Just Cause” exception.

Notifications shall not require legislative body approval. (GC 54953(f)(2)(A)(i)) “Request” shall mean a request from a legislative body member that their legislative body actively approve their request to attend a meeting by teleconference under the “Emergency Circumstances” exception. (GC 54953(f)(2)(A)(ii)) “Teleconference” attendance at a legislative meeting, for purposes of this policy, shall be presumed to be accomplished by Zoom or the equivalent two-way audio-visual virtual software platform in use by the City at that time. “Teleconference” attendance shall mean attendance solely by virtual platform and shall not include a Member who attends a meeting in person and secondarily views the meeting by virtual platform. Provisions of this policy shall apply only to teleconference attendance under AB 2449 and shall not constrain the Member’s ability to attend by teleconference under other sections of the Brown Act.

III. Available Exceptions for Teleconference Attendance.

The Member shall be responsible for determining which of the two available exceptions is applicable to the Member’s need to attend by teleconference. The Member’s determination shall not be investigated by staff as to the veracity of any such request or claim. Such determination shall be subject to review by the legislative body alone. The available exceptions are:

1. “Just Cause” (GC 54953(f)(2)(A)(i))

2. “Emergency Circumstances” (GC 54953(f)(2)(A)(ii))
IV. Exceptions Defined.

1. Exception #1: “Just Cause” circumstances are defined as any one of the following:
Caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely.

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A contagious illness that prevents the member from attending in person. A need related to a physical or mental disability.
Travel while on business of the legislative body or another state or local agency.

2. Exception #2: “Emergency Circumstances” are defined as a physical or family medical emergency that prevents a member from attending in person.

3. The foregoing definitions are set forth in this policy for convenience; in the event applicable law is changed to amend the nature of qualifying teleconference circumstances, the amended law shall supersede this section.

V. Limitation on Number of Uses.

1. Members may attend meetings by teleconference under AB 2449 no more than the following number of times per calendar year:
City Council: Four (4) meetings per year
Conference and Visitors Bureau Board: Two (2) meetings per year Parking Advisory Committee: Two (2) meetings per year
Parks, Recreation and Beautification Commission: Two (2) meetings per year Planning Commission: Four (4) meetings per year
The above limitations shall factor in all meetings noticed under the Brown Act, whether Regular, Special, Closed, Joint, or otherwise. In the event a Member attends by teleconference multiple, contiguous meetings held on the same date, each meeting shall be counted separately.

2. Notwithstanding any other provision, a Member may utilize the “Just Cause” exception no more than two (2) times per calendar year.

3. Notwithstanding any other provision, a Member may not attend meetings solely by teleconference for a period of more than three consecutive calendar months.

4. In the event a Member attends meetings solely by teleconference for a period of three consecutive calendar months, or attends meetings by teleconference the maximum number of allowable times per year, the Member must either attend in person; attend by other permissible teleconference provisions; or be counted as absent, for the remaining meetings in that calendar year.

VI. Procedure for Legislative Body Members.

1. A Member wishing to avail themselves of the “Just Cause” exception shall adhere to the following:

A. Notification of the member’s need to attend by teleconference, along with the required description of the circumstances creating the need, shall be made in Council Agenda 3-21-2023 12.D-9
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writing prior to the meeting, and/or orally at the start of the subject meeting or during any prior meeting.
a. If the notification and description are delivered prior to the meeting, the Member shall submit the notification and description:
In writing by email;
To the entire legislative body, preferably to the body’s group email address;
With a copy to staff.

Such communication to the entire legislative body shall be deemed to be not in violation of the Brown Act.
b. If the notification and description are delivered during a meeting prior to the meeting where the Member wishes to attend by teleconference, the Member shall make the required notification and description during the Member Comments order of business.
c. If the notification and description are delivered at the start of the subject meeting, the Member shall be present on the teleconference platform at the time the meeting is convened, and at the prompting of the Chairperson, shall make the required notification and description during the meeting prior to the attendance roll call. (Refer to Section 3 below.)
B. The Member shall disclose the presence of any other adults in the room at the teleconference location, and the general nature of their relationship to the member, during the subject meeting. This requirement shall apply regardless of the timing of the notification and description.

2. A Member wishing to avail themselves of the “Emergency Circumstances” exception shall adhere the following:

A. A request that the legislative body approve the Member’s request to attend by teleconference, along with the required description of the circumstances creating the need, shall be made in writing prior to the meeting, and/or orally at the start of the subject meeting.
a. If the request and description are delivered prior to the meeting, the Member shall submit the request and description:
In writing by email;
To the entire legislative body, preferably to the body’s group email address;
With a copy to staff.

Such communication to the entire legislative body shall be deemed to be not in violation of the Brown Act, so long as there is no discussion of any item of Council Agenda 3-21-2023 12.D-10
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business within the legislative body’s jurisdiction. Regardless, the legislative body’s action to approve or deny the teleconference request must be taken during a noticed meeting.
b. If the request and description are made at the start of the subject meeting, the Member shall be present on the teleconference platform at the time the meeting is convened, and at the prompting of the Chairperson, shall make the required request and description during the meeting prior to the attendance roll call. (Refer to Meeting Procedures, below.)
B. The legislative body must move to approve or deny the request during the meeting prior to the attendance roll call. (Refer to Meeting Procedures, below.) C. The Member shall disclose the presence of any other adults in the room at the teleconference location, and the general nature of their relationship to the member, during the subject meeting. This requirement shall apply regardless of the timing of the request and description.

3. Notwithstanding any other provision, teleconferencing Member(s) shall participate through both audio and visual technology. Members may mute their microphone while not speaking, but Members shall be visible through the visual technology at all times during the meeting. In the event a member is not visible, the member shall be noted as absent during that period.

VII.Recordkeeping.

1. The Member shall be responsible for assuring that any description, notification, request, and/or disclosure related to teleconference attendance are made in a manner that may be placed into the meeting record.

2. To the extent that the Member’s notification, description and/or request is delivered prior to the meeting, staff shall archive the written communication as agenda correspondence along with the meeting record.

3. To the extent that the Member’s notification, description, request, and/or disclosure is delivered during a legislative meeting, staff shall record the same in the minute record, along with record of the legislative body’s action to approve or deny any “Emergency Circumstances” requests.

4. The legislative body’s Minute Clerk shall keep data regarding each Member’s use of teleconference attendance provisions under AB 2449, and apprise the Chairperson if any Member has reached their annual limit. (Refer to Limitation on Number of Uses, above.)
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VIII. Meeting Procedures.

1.Business to be conducted by the legislative body relating to compliance with these regulations shall be conducted after the Call to Order, but prior to the attendance roll call, of the meeting where a Member will or may attend by teleconference. The Chairperson shall be responsible for the conduct of this portion of the meeting, with assistance from staff if needed. All related business shall be conducted in a manner that is evident to other meeting attendees and may be recorded in the meeting record.

Such business to be conducted prior to attendance roll call shall include, and be conducted in substantially this form:

A. If any Member is not present in person and the Chairperson is not aware of the Member’s planned absence, the Chairperson shall acknowledge that the Member either is, or may be, present on the teleconference platform.

B. If necessary, staff shall confirm whether the Member is present on the teleconference platform.

C. If the Member is present on the teleconference platform:
a. If the Member has made their notification or request in writing prior to the meeting: The Chairperson shall note for the record that the Member has submitted a notification and description of the need to attend the meeting by teleconference under the “Just Cause” exception; or made a request and description to be permitted to attend by teleconference under the “Emergency Circumstances” exception.
b. If the Member has not made their notification or request in writing prior to the meeting: The Chairperson shall prompt the Member make their notification of the need to attend the meeting by teleconference, and description of the circumstances giving rise to the need under the “Just Cause” exception; or make their request to be permitted to attend by teleconference, and description of the circumstances giving rise to the need under the “Emergency Circumstances” exception.
c. If the Member makes a request to be permitted to attend by teleconference under “Emergency Circumstances” exception, whether before or during the meeting:
i. Any Member present in person may move to add an item of business to the agenda on an urgency basis to allow the legislative body to act on the Member’s request. If no motion is forthcoming, the Chairperson shall so move. Such action shall comply with Government Code Section 54954.2(b). ii. Thereafter, the Chairperson shall ask the remaining Members to either approve or deny the request. Any Member may move approval or denial, Council Agenda 3-21-2023 12.D-12
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but if no motion is forthcoming, the Chairperson shall so move. Members shall consider the request in good faith and shall not capriciously deny the request. The request shall be deemed approved if at least a majority (at least 2 of 3, or 3 of 4) of the Members present in person consent. d. The Chairperson shall, finally, prompt the Member to disclose the presence of any other individuals over the age of 18 in the room at the Member’s remote location, and the general nature of the individual’s relationship to the Member.

Notwithstanding any other provision, this disclosure shall be made on record during the meeting.

D. If the Member is not present on the teleconference platform; if the Member refuses to make the required requests or disclosures; or if the Member’s request to attend under the “Emergency Circumstances” exception is made but not approved, the Member shall be recorded as absent. (Refer to Failure to Comply, below.) E. This process shall be repeated for each Member not present in person who does, or may, wish to attend the meeting by teleconference.

F. The Chairperson shall then prompt the Meeting Clerk to proceed to attendance roll call.

2. In the event the Chairperson wishes to attend a meeting by teleconference, the Vice- Chairperson, if present in person, shall be responsible for performing the Chairperson’s duties as outlined above. Thereafter, the teleconferenced Chairperson may chair the remainder of the meeting, or may ask that the Vice-Chairperson do so.

3. In the event both the Chairperson and Vice-Chairperson wish the attend the meeting by teleconference; or in the event the Chairperson wishes to attend by teleconference and the Vice-Chairperson is absent, an Acting Chairperson shall be selected from among the Members attending the meeting in person, in order to perform the Chairperson’s duties as outlined above.

4. In the event three (3) or more Members attempt to join a meeting by teleconference; and/or in the event two (2) or fewer Members are present in person at the meeting location; staff shall announce that the meeting cannot be convened.

IX. Failure to Comply; Enforcement Measures.

1. In the event a Member attempts to attend a meeting by teleconference in excess of the allowable number of times per year; in excess of three consecutive months; without making the necessary notices, requests, or disclosures; or if the Member’s request to attend under the “Emergency Circumstances” exception is made but not approved, the Chairperson shall, at the start of the meeting prior to the attendance roll call, ask the remaining legislative body members for concurrence to disallow the Member’s attendance at the meeting.

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After such concurrence, staff shall permit the Member to remain on the teleconference platform, but shall demote the Member to a passive attendee, and note the Member as absent for the attendance roll call, and in the meeting record.

2. Repeated inability or refusal to comply with the provisions of this policy, or related laws, may be grounds for consideration of dismissal of an Advisory Body Member by the City Council.

3. In the event a Member’s inability or refusal to attend a meeting by teleconference in compliance with this policy, or related laws, results in the Member being recorded as absent from the meeting, existing policies and laws regulating legislative body member absences (including Bylaw provisions for Advisory Body Members, and Government Code Section 36513 for Council Members) shall apply.

X. Other Compliance Measures.

In addition to the above provisions relating the conduct of legislative body members, whenever at least one Member attends a meeting by teleconference under AB 2449, staff shall be responsible for other applicable compliance measures, including but not necessarily limited to the following:

1. Staff shall assure that each posted agenda provides, and describes, means by which all members of the public may observe or attend the meeting and offer public comment, including a means to attend via teleconference platform.

2. Staff shall assure that members of the public are allowed to make public comment in real time during all allotted public comment periods, and shall give sufficient time for interested parties to indicate their interest in speaking, and unmute their devices, in order to allow them to comment via the teleconference platform.

3. Meeting proceedings shall be suspended in the event of a disruption that prevents the transmittal of meeting video and audio to members of the public via the teleconference platform; or in the event of a disruption within the City’s control that prevents members of the public from making public comments via the teleconference platform. The legislative body shall take no further action on agenda items until public access to the meeting via teleconference platform is restored. If access cannot be restored within a reasonable amount of time, the Chairperson, or staff in the absence of the Chairperson, shall announce that the meeting is adjourned to a future date and the adjournment shall be noticed in accordance with the Brown Act.

4. Staff shall give notice of, and implement, a procedure for swiftly resolving requests for reasonable accommodations for individuals with disabilities.

5. All votes taken at a meeting where any Member attends by teleconference under the provisions of AB 2449 shall be taken by roll call vote.

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XI. Conflict Between Law and Policy.

In the event this policy conflicts with applicable state law, as exists or may be amended in the future, state law shall control, and the validity of the remaining sections of this policy shall be unaffected.

BE IT FURTHER RESOLVED by the City Council of the City of Pismo Beach that this Resolution shall sunset and be deemed rescinded on January 1, 2026, if not rescinded prior to that date. Notwithstanding the prior sentence, in the event AB 2449 is extended to apply to meetings after January 1, 2026, this Resolution shall be deemed to extend to conform to the extended date identified in any extension of AB 2449.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 21st day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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