Pismo Beach City Council
April 4, 2023

AGENDA
Pismo Beach City Council
Pismo Beach Public Financing Authority Board
Tuesday, April 4, 2023
Time Meeting Type Physical Location Virtual Participation Option 5:30 p.m. Regular Joint 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:

This meeting is being conducted in a hybrid format with both in-person and virtual public participation. Ways to watch this meetings and submit public comment are provided below.

Watch and participate in person:
•Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. •To make 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.

Watch and participate via Zoom:
•Click this link on any computer or mobile device: https://us02web.zoom.us/j/84823715585 . This URL may also be typed into a web browser.
•To make public comment, press the “raise your hand” button when the comment period for your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.

Listen and participate via telephone:
•Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted. •To make public comment, press *9 to “raise your hand” when the comment period on your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.

Watch online:
•Visit www.pismobeach.org/agenda and scroll to “Upcoming Events.” When the live broadcast begins, an “In Progress” link will appear; click this link to watch the livestream. A recording of the meeting will be available on demand shortly after the meeting ends.

Watch on Channel 20:
•Tune to local cable channel 20 in Pismo Beach; the meeting will be broadcast live. Meetings are also replayed at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day the following week.

Submit written comment:
•In advance of the meeting, 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 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:
•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; 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 4-4-2023

Pismo Beach City Council Agenda April 4, 2023

Regular Joint Meeting—5:30 p.m.

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

CALL TO ORDER: Mayor Waage

1. ROLL CALL:

City Council:

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

Public Financing Authority Board:

Chair: Waage
Vice Chair: Reiss
Board Members: Guthrie, Inman, Newton

2. PLEDGE OF ALLEGIANCE

3. ACCEPTANCE OF AGENDA

4. PRESENTATIONS

Item 4.A: Visit from Happy Time Preschool Students (Happy Time Preschool)

Item 4.B: Proclamation: Month of the Child and Child Abuse Prevention Month (Early Care in Education Planning Council)

Item 4.C: Presentation: Recognition of Outgoing Advisory Body Members (Waage) • Adam Buttery: SLOCOG Citizens Transportation Advisory Committee • Mark Eads: Conference and Visitors Bureau Board / LBID Advisory Board • Debra Early: Parks, Recreation, and Beautification Commission • Andrew Jones: Planning Commission

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.

Council Agenda 4-4-2023

Pismo Beach City Council Agenda April 4, 2023

6. CITY MANAGER’S REPORT - No action to be taken

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

8. COUNCIL COMMITTEE REPORTS

1. Air Pollution Control District, SLO County (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 21, 2023 Closed and Regular Meeting.

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

Recommendation:

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

2. Approve the Register of Demands for March 3, 2023, March 10, 2023, and March 17, 2023.

Item 9.C: Annual Election of Officers: Pismo Beach Public Financing Authority (Feeser)

Recommendation:

Adopt a Resolution of the Board of Directors of the Pismo Beach Public Financing Authority conducting the annual election of officers.

Item 9.D: Annual Report for Fiscal Year 2023-24 from the Pismo Beach Conference and Visitors Bureau / Lodging Business Improvement District (LBID) Advisory Board; Declaring the City Council’s Intention to Levy an Annual Assessment for the LBID for Fiscal Year 2024 (Feeser)

Recommendation:

Adopt a Resolution approving the Annual Report for Fiscal Year 2024 from the Pismo Beach Conference and Visitors Bureau / Lodging Business Improvement District Advisory Board, and declaring the City Council’s Council Agenda 4-4-2023

Pismo Beach City Council Agenda April 4, 2023

intention to levy an annual assessment for the LBID for FY 2024, and directing the City Clerk to schedule a public hearing for April 18, 2023, to consider levying the assessment.

Item 9.E: Assignment of Water Presale Agreement Rights from Central Coast Development Company to Intrepid Financial, LLC (Fleishman)

Recommendation:

Adopt a Resolution approving the assignment of rights under a water presale agreement between the City and Central Coast Development Company to Intrepid Financial, LLC.

Item 9.F: Update on January 9, 2023 and January 12, 2017 Emergency Proclamations (Inderlied)

Recommendation:

No action recommended; for information only.

Item 9.G: Purchase of 2023 Load and Pack Public Works Vehicle from Broyhill Inc. (Fine)

Recommendation:

Adopt a Resolution authorizing the purchase of one replacement 2023 Load and Pack Vehicle from Broyhill Inc. in the amount of $261,239 in Fiscal Year 2023.

10. ITEMS PULLED FROM CONSENT CALENDAR

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

GENERAL PROCEDURES FOR PUBLIC HEARINGS (Mayor/Presiding Officer reserves discretion to set speaking allowances):

1. City staff will present the staff report and recommendation, and respond to technical/clarifying questions from Council;

2. Mayor will open the public hearing, and invite the project applicant, or representative, to present the project (Limited to 10 mins);

3. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to present their appeal (Limited to 10 mins);

4. Mayor will then ask other interested persons to testify regarding the project (Limited to 3 mins per speaker);

5. Mayor will invite the project applicant, or representative, to make a rebuttal if desired (Limited to 5 mins);

6. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to make a rebuttal if desired (Limited to 5 mins);

7. Mayor will close the public hearing, following which the Council will deliberate and act on the matter.

Item 11.A: Public Hearing to Receive Community Requests and Recommendations on the County of San Luis Obispo 2023 Action Plan, Including Community Development Block Grant Funds (Downing)

Recommendation:

Adopt a Resolution making final recommendations to the County of San Luis Obispo for the 2023 Action Plan for Community Development Block Grant funding.

Council Agenda 4-4-2023

Pismo Beach City Council Agenda April 4, 2023

12.BUSINESS ITEMS - May be reordered and heard prior to Public Hearings Item 12.A: Police Department Update (Smith)
Recommendation:

Receive Police Department Update.

Item 12.B: Miscellaneous Budget Adjustments for Fiscal Year 2023 (Feeser) Recommendation:

Adopt a Resolution approving and appropriating miscellaneous budget adjustments for Fiscal Year 2023.

Item 12.C: Participation in the County of San Luis Obispo Desalinated Water Study (Fine)
Recommendation:

Adopt a Resolution approving participation in the County of San Luis Obispo Desalination Executable Solution and Logistics (DESAL) Plan.

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
Regular Meeting 5:30 p.m. Tuesday, April 18, 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 April 4, 2023 meeting(s) of the Pismo Beach City Council was posted on March 30, 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, Council Agenda 4-4-2023

Pismo Beach City Council Agenda April 4, 2023

may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at [email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. Please call (805) 773-7003 with any questions.

Broadcasting: Regular (televised) City Council meetings are available for viewing 24/7 at pismobeach.org/agenda, broadcast live on Channel 20, and re-broadcast during the week following the meeting on Channel 20 at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day.

Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment during public comment or as part of a scheduled presentation, 24 hours prior to the meeting at (805) 773-7003.

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

35.104 ADA Title II).

Council Agenda 4-4-2023

A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA RECOGNIZING APRIL 2023 AS MONTH OF THE CHILD

AND CHILD ABUSE PREVENTION MONTH
WHEREAS, the Pismo Beach City Council recognizes that every moment in a child's life is an opportunity for that child to learn, that the quality of these experiences may determine whether a child succeeds in school and in life, and that all children need caring and loving adults in their lives; and
WHEREAS, April—Month of the Child and Child Abuse Prevention Month—marks a time to recognize that our community’s children are precious assets, that the quality of their early years is our collective responsibility, and that we commit ourselves to ensuring that each and every child has access to a high-quality early environment—at home, at childcare, at school and in the community—that will promote their optimal growth and development; and WHEREAS, in solidarity with the “We Are The Care” Initiative, we as a community of partners and leaders, envision a San Luis Obispo County where all families can find and afford quality care for their children, and where childcare professionals are valued for their critical role in building a solid foundation for children and families to thrive in the world; and WHEREAS, Saturday, April 8, 2023, will commemorate “Day of the Child” at the Annual Children’s Day in San Luis Obispo Mission Plaza; and
WHEREAS, on Friday, April 28, 2023, San Luis Obispo County will participate in the statewide raising of the Children’s Memorial Flag to honor and raise awareness about the many children in our midst who suffer daily from abuse and neglect, and pledge our support for strategies that strengthen families and protect our young ones; and
WHEREAS, April is National Child Abuse Prevention Month, raising awareness and recognizing that each of us has a role to play in ensuring the safety of our children, as we pledge our support for strategies that strengthen families and protect our young ones; by promoting our “Normalizing Parenting” campaign and introduce Children’s Memorial Day on Friday, April 28, 2023 with Child Abuse Prevention Council colleagues throughout California.

NOW, THEREFORE, the Pismo Beach City Council hereby proclaims April 2023 as the “Month of the Child” and “Child Abuse Prevention Month.”
Dated this 4th day of April, 2023
________________________
Ed Waage, Mayor
Council Agenda 4-4-2023 4.B-1
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.A
` SUBJECT/TITLE:

ADOPTION OF MEETING MINUTES
RECOMMENDATION:

Adopt Minutes of the March 21, 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 21, 2023
Submitted by: Erica Inderlied, City Clerk Meeting Date: April 4, 2023 City Manager Approval:

9.A-1Council Agenda 4-4-2023
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DRAFT MINUTES
Pismo Beach City Council
Tuesday, March 21, 2023
Special Closed Session—5:00 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 5:02 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:

David Fleishman, City Attorney
James R. Lewis, City Manager

2.PUBLIC COMMENT PERIOD

Call for public comment: No comment.

3.ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session item listed below.

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

9.A-2Council Agenda 4-4-2023
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4.CLOSED SESSION REPORT
City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above item.

5.ADJOURNMENT
At 5:29 p.m., to the 5:30 p.m. Regular Meeting.

9.A-3Council Agenda 4-4-2023
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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
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)

9.A-4Council Agenda 4-4-2023
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Community Development Director Downing introduced Administrative Secretary Lindsay Christiansen and Code Enforcement Officer John Lowry.

Public Works Director Fine introduced Wastewater Operator Jack Armstrong, Wastewater Operator Sean Campbell, and Wastewater Operator Jacob Smith.

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

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

7.CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman reported that the Council had taken no reportable action during its 5:00 p.m. Closed Session.

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

Council Member Inman:

Pismo Beach Conference and Visitors Bureau (CVB) Board / Lodging Business Improvement District (LBID) Advisory Board.

Council Member Guthrie:

San Luis Obispo County Zone 3 Water Committee
Mayor Pro Tem Reiss:

Community Action Partnership San Luis Obispo (CAPSLO) Board.

Mayor Waage:

League of California Cities Coastal Cities Group.

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

Action: Adopt Consent Calendar.

Motion: Guthrie
Second: Newton

9.A-5Council Agenda 4-4-2023
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Vote: The motion passed on the following vote (Items 9.A through 9.G):

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 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.

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.

9.A-6Council Agenda 4-4-2023
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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.

Legislative Record: Resolution R-2023-017 adopted.

10. ITEMS PULLED FROM CONSENT
None.

11.PUBLIC HEARINGS
None.

12.BUSINESS ITEMS
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.

Presenting staff:

James R. Lewis, City Manager
Call for public comment: No comment.

Action: 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.

Motion: Newton
Second: Reiss
Vote: The motion passed on the following vote:

Ayes: 4 Newton, Reiss, Guthrie, Waage
Noes: 1 Inman

Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-018 adopted.

9.A-7Council Agenda 4-4-2023
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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.

Presenting staff:

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

Call for public comment:

Tedd spoke.

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

Motion: Reiss
Second: Inman

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2023-019 adopted.

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.

Presenting staff:

Gordon Jackson, Director of Tourism and Events
James R. Lewis, City Manager

Call for public comment:

The following commented:

Jeannie Nix, Friends of the Price House
LaDean Talcott, Friends of the Price House

9.A-8Council Agenda 4-4-2023
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Action: 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, with the following revision:

Revise Section 3, Extended License Period, to read as follows:
“Subject to earlier termination by either party in accordance with this License, either party shall have the right to extend the License for one Extended License Period of five (5) years on the same terms and conditions described in this License by submitting such request to the other party in writing, provided that the requesting party 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.”
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-020 adopted.

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.

Presenting staff:

Erica Inderlied, City Clerk
James R. Lewis, City Manager
Call for public comment: No comment.

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

Motion: Inman
Second: Reiss

9.A-9Council Agenda 4-4-2023
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Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2023-021 adopted.

13. CITY COUNCIL COMMENTS AND REQUESTS

The Council commended public safety personnel for their response to a recent residential fire incident on Placentia Avenue.

14. ADJOURNMENT

At 7:04 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

9.A-10Council Agenda 4-4-2023
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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 March 12, 2023.

2. Approve the Register of Demands for March 3, 2023, March 10, 2023, and March 17, 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: April 4, 2023
Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

9.B-1Council Agenda 4-4-2023
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FOR PERIOD ENDING 03/12/23
CHECKS DATED 03/17/23
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 556949 ‐ 556952 4
ACH 122

EARNINGS
REGULAR 353,131.53
HOLIDAY 4,974.79
OVERTIME (Includes Comp Time Payouts)19,759.30
Administration
Building
Conference & Visitors Bureau
Police Department 13,522.41
Parking
Engineering
Fire
Recreation
Public Works 779.29
Water 2,909.75
Wastewater 2,547.85
Motor Vehicles
Subtotal‐Overtime 19,759.30$
SALARY ADJUSTMENTS 51.08
TRAINING / UNIFORM ALLOWANCE ‐
OTHER EARNINGS 15,086.14
$393,002.84
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 35,873.78
FICA & MEDICARE 29,416.13
STATE INCOME TAX 12,641.18
STATE DISABILITY INSURANCE 3,315.25
GARNISHMENTS 450.46
HEALTH 2,239.90
SUPPLEMENTAL DISABILITY 1,547.06
SECTION 125 2,825.32
PERS 32,521.20
DEFERRED COMPENSATION 10,756.27
ADDITIONAL LIFE INSURANCE 430.32
UNION DUES 2,367.28
PISMO ATHLETIC CLUB 195.00
OTHER
NET PAYROLL $258,423.69
DIRECT DEPOSIT DEDUCTION 255,616.27
NET PAYROLL AFTER ACH DEPOSIT 2,807.42
SUMMARY PAYROLL REGISTER

9.B-2Council Agenda 4-4-2023
Attachment 1
Packet Page 13

City of Pismo Beach
Final Disbursement List Check Date 03/03/2023

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 10002 Internal Revenue Service 03/03/2023 98,696.32$ Federal Income Tax PD 03/03/23 ACH 11305 Public Employees Retirement System 03/03/2023 68,061.81 PERS Retirement EE & ER PD 03/03/23 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 03/03/2023 23,961.31 ICMA 457 Deferred Comp EE & ER PD 03/03/23 ACH 12305 Franchise Tax Board 03/03/2023 16,813.09 State Income Tax PD 03/03/23 ACH 12360 CalPERS 457 Plan 03/03/2023 541.67 PERS 457 Deferred Comp EE & ER PD 03/03/23 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA 03/03/2023 360.00 ICMA Roth IRA PD 03/03/23 ACH 13898 Quadient, Inc. 03/03/2023 1,961.00 Postage 1/26/23 & 2/2/23 125193 10434 Abalone Coast Analytical Inc 03/03/2023 270.00 Water Analysis 2/20/23 & 2/27/23 125194 12275 Airgas West Inc 03/03/2023 135.10 Water Maintenance Supplies 125195 10295 B & B Steel & Supply 03/03/2023 484.88 Water Maintenance Supplies 125196 13603 Francine Bracamonte 03/03/2023 43.10 Name Plates 125197 10028 Brisco Mill & Lumber Yard 03/03/2023 71.59 Maintenance Supplies 125198 13269 Bianka Buchanan 03/03/2023 200.00 M&IE: LCW Conference 3/15-3/17/23 125199 14414 California State Disbursement Unit 03/03/2023 461.53 Tax Withholding Order PD 03/03/23 125200 12610 CalPortland Construction 03/03/2023 877.15 Chumash Park Storm Repairs 125201 13951 Central Coast Portables 03/03/2023 688.80 Portable Restrooms: Price House 12/24/22 - 1/21/23, Tennis Courts 1/7 - 2/4/23 125202 14418 City Newsstands LLC 03/03/2023 21,875.00 Newspaper Racks 125203 11231 Coastal Peaks Coffee 03/03/2023 52.00 Coffee Supplies 125204 14247 Coastal Tree Experts, Inc. 03/03/2023 1,350.00 Parks - Stump Grinding Services 125205 14531 Thomas Dang 03/03/2023 500.00 Refund: Deposit PBVH Event 1/21/23 125206 14217 Deltina Coffee Roasters 03/03/2023 62.50 Coffee Supplies 125207 14519 Matthew Downs 03/03/2023 217.00 M&IE: Tactical Rifle Course 3/10-3/12/23 125208 13697 Dudek 03/03/2023 362.50 Prof Svcs GP/LCP 12/31/22-1/27/23 125209 13575 Jorge Garcia 03/03/2023 200.00 M&IE: LCW Conference 3/15-3/17/23 125210 12496 Gifts Galore 03/03/2023 450.00 Easter Event - Unfilled Eggs 125211 14160 Monika Gunn 03/03/2023 353.70 Mileage: NENA Conference 3/4-3/8/23 125213 12255 Iron Mountain Information Mgmt, Inc 03/03/2023 694.23 Shredding Services City Hall - 01/25/23 - 02/21/23 125214 12096 Lee Wilson Electric Co Inc 03/03/2023 345.00 Signal Light Maintenance - January 2023 125215 12019 James Lewis 03/03/2023 237.00 M&IE: DC Advocacy Trip 3/8-3/10/23 125216 10175 Life-Assist, Inc. 03/03/2023 9.62 Medical Supplies - Fire 125217 14322 Ian Livingston 03/03/2023 348.00 M&IE: CALBO Business Meeting 3/5-3/9/23 125218 13416 Phoenix Resolutions, Inc Mail Plus 03/03/2023 142.10 Postage 125219 14427 Rubio Medina 03/03/2023 3,154.20 Architectural Design - Police Annex Jan 2023 125220 10097 Miners Hardware 03/03/2023 600.65 Maintenance Supplies 125221 12656 Deborah Moskowitz 03/03/2023 353.70 Mileage: CalNENA Conference- 3/4 - 3/8/23 125222 10039 New Times 03/03/2023 157.00 Legal Advertising 125223 14343 ODP Business Solutions, LLC 03/03/2023 517.19 Office Supplies 125224 12022 Pismo Beach Police Officer's Association 03/03/2023 1,515.30 POA Dues PD 03/03/23 125225 12335 Procare Janitorial Supply Inc 03/03/2023 5,096.12 Janitorial Supplies 125226 14201 Procare Medical Supplies 03/03/2023 1,195.00 Gloves 125227 12348 Rayne Water Conditioning 03/03/2023 109.90 Soft Water - Station 63 & 64 March 2023 125228 13634 Eleanor J. Ripley 03/03/2023 192.00 Instructor: Line Dancing 1/16 - 1/31/23 #11106 125229 12516 San Luis Obispo Co. Health Agency 03/03/2023 8,956.00 Q3 FY 22-23 Animal Services 125230 11208 SEIU Local 620 AFL/CIO 03/03/2023 907.48 SEIU Dues PD 03/03/23 125231 11168 Sherwin-Williams 03/03/2023 807.36 Restroom Maintenance 125232 10913 Siteone Landscape Supply LLC 03/03/2023 430.58 Irrigation Valve Maintenance 125233 10093 SLO County Auditor-Controller 03/03/2023 7,537.50 Phoenix Parking Surcharges - Dec 2022 125235 12925 Smith's Alarms & Electronics 03/03/2023 90.00 Security Monitoring - Price House 3/1-5/31/23 125236 12031 Stanley Convergent Security Solutions 03/03/2023 1,394.53 Service Request - City Hall 125237 11323 Streator Pipe & Supply 03/03/2023 41.67 Restroom Maintenance 125238 12630 SWCA Environmental Consultants 03/03/2023 1,150.00 Archaeological Support Ocean Blvd - Jan 2023 125239 14459 Melanie Thurston 03/03/2023 25.85 Reimb: Covid Test 125240 12461 TJA Advertising 03/03/2023 79,470.59 CVB & LBID Advertising and Promotion Services Jan 2023 125241 10843 Troesh Recycling Inc 03/03/2023 367.33 WWTP Supplies 125242 12982 Ultrex Business Products 03/03/2023 1,002.28 City-Wide Copier Usage Feb 2023 125243 12041 United Rentals Northwest, Inc 03/03/2023 124.99 Equipment Rental for Irrigation Valve Maintenance 125244 12622 USA Bluebook Acct: 82507 03/03/2023 798.12 WWTP - Lab Supplies 125245 12132 White Flag Pest Control Inc 03/03/2023 421.00 Pest Control - 12/9/22 & 2/24/23City Hall 2/24/23 125246 13377 Willdan Financial Services 03/03/2023 3,168.75 Accounting & Analyst Assistance - Jan 2023 Total:360,411.09$

9.B-3Council Agenda 4-4-2023
Attachment 2
Packet Page 14

City of Pismo Beach
Final Disbursement List Check Date 03/10/2023

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 12211 CA. Public Emp Retirement Sys 03/10/2023 108,776.18$ Medical Insurance - March 2023 125247 13462 4imprint, Inc. 03/10/2023 1,810.61 CVB Collateral Totes & Hats 125248 10434 Abalone Coast Analytical Inc 03/10/2023 120.00 Water Analysis 2/27/23 125249 10695 AFLAC 03/10/2023 3,124.89 Supplemental Disability Insurance - February 2023 125250 12275 Airgas West Inc 03/10/2023 149.34 Cylinder Rental - Feb 2023 125251 11382 Applied Technology Group, Inc. 03/10/2023 810.00 Service Calls - Dispatch 1/9/23 & Bello 1/17/23 125252 11589 Austin's Wet Pets and Pond Maintenance, Inc 03/10/2023 140.00 Pond Maintenance Feb 2023- Chapman Estate 125253 11501 Backyard Improvement Center 03/10/2023 330.00 Ebb Tide Park Maintenance 125254 UB*00973 BRADY & VICKI BANTA (T) 03/10/2023 9.93 Refund Check 018150-000, 416 INDIO 125255 13603 Francine Bracamonte 03/10/2023 955.74 Banners for Clam Festival & Pumpkins In the Park 125256 14229 Brendler Janitorial Service 03/10/2023 1,080.00 Vets Hall Rec Facility Events Cleaning - Nov & Dec 2022 125257 10028 Brisco Mill & Lumber Yard 03/10/2023 175.61 Maintenance Supplies 125258 12098 Burke & Pace Lumber of Arroyo Grande 03/10/2023 643.80 Naomi Fence Project 125259 12610 CalPortland Construction 03/10/2023 961.06 Chumash Park - Storm Repair 125260 14161 Carefree Pools of Central Calif., Inc. 03/10/2023 1,000.00 Chapman - Pool Repair 125261 12673 Anita Channell 03/10/2023 56.00 M&IE: CALPAC Qtrly meeting 3/22-3/23 125262 11169 Coast Riders Powersport Sales 03/10/2023 336.61 Vehicle Maintenance 125263 11231 Coastal Peaks Coffee 03/10/2023 156.00 Coffee Supplies 125264 14146 Pamela Ann Coslick 03/10/2023 56.00 Instructor: Tae Kwon Do 2/1-2/22/23 #11062 125265 14202 Crisp Imaging 03/10/2023 112.01 Large Printer Maintenance Cartridge 125266 11986 Culligan/Central Coast Water 03/10/2023 95.00 Soft Water Tank Rental - March 2023 125267 14313 Culligan/Santa Maria 03/10/2023 130.40 Drinking Water Feb 2023 125268 14168 Perla DeLeon 03/10/2023 270.00 DCP Deposit Refund Event Date 5/23/21 125269 12628 Dell Marketing LP 03/10/2023 310.91 Computer Accessories 125270 12224 Delta Dental Of California 03/10/2023 6,951.00 Dental Premiums - March 2023 125271 14383 Ellison Schneider Harris & Donlan LLP 03/10/2023 1,816.50 Professional Legal Services Jan 2023 125272 12123 Farm Supply 03/10/2023 303.83 Maintenance Supplies 125273 12589 Ferguson Enterprises, Inc. 03/10/2023 84.57 Maintenance Supplies 125274 14518 Macee Flores 03/10/2023 56.00 M&IE: CALPAC Qrtrly Mtg 3/22-3/23/23 125275 14532 Emily France 03/10/2023 24.00 Reimb: Pre-employment Live Scan 125276 13874 Full Spectrum Powder Coating 03/10/2023 340.00 Junior Lifeguard - Board Rack Powder Coating 125277 13575 Jorge Garcia 03/10/2023 62.00 M&IE: Dept Head Retreat 2/15-2/17/23 125278 13809 Jeffrey Gorham 03/10/2023 202.00 Reimb: CWEA Membership 2023 125279 10398 Liliana Graham 03/10/2023 452.80 Instructor: Ballroom Dance 2/6-2/27/23 #11081 125280 12455 Griffin Plumbing, Inc 03/10/2023 2,504.00 Annual Backflow Tests for City Properties for 2023 125281 UB*00974 RICHARD GUTHRIE (T) 03/10/2023 10.96 Refund Check 016022-000, 206 SEAVIEW 125282 11977 Dan Hall 03/10/2023 403.20 Instructor: Yoga with Dan 2/1-2/27/23 #11084 125283 12538 Hds White Cap Const Supply 03/10/2023 205.76 Maintenance Supplies 125284 14043 Health & Human Resource Center, Inc. 03/10/2023 130.05 Employee Assistance Program - March 2023 125285 12653 Dan Herlihy 03/10/2023 56.00 M&IE: CALPAC Qrtly Mtg 3/22 - 3/23/23 125286 11706 Shirley Horacek 03/10/2023 1,644.48 Instructor: Beginning Watercolor 1/25/22 - 3/1/22 # 10838 125287 13373 Heather Schuh Huston 03/10/2023 350.00 Clam Painting Easter - PCV 125288 13276 InfoSend, Inc. 03/10/2023 1,179.86 Utility Bills Return Envelopes Reorder 1/13/23 125289 13736 Justin Jackson's Plumbing Services, Inc 03/10/2023 185.00 PD Bathroom Service 125290 UB*00975 ALAYA LEYVA (T) 03/10/2023 100.29 Refund Check 018816-000, 810 STRATFORD 125291 10175 Life-Assist, Inc. 03/10/2023 17.41 Medical Supplies - Fire 125292 UB*00972 HORACE DARREN & KAISHAWN MCDUFFIE (T) 03/10/2023 139.71 Refund Check 018767-000, 2201 SHELL BEACH RD #5 125293 12279 McMaster Carr 03/10/2023 15.51 Maintenance Supplies 125294 10097 Miners Hardware 03/10/2023 2,058.13 Maintenance Supplies 125295 10633 Pismo Beach Athletic Club Inc 03/10/2023 390.00 PBAC Dues March 2023 125296 12335 Procare Janitorial Supply Inc 03/10/2023 505.68 Janitorial Supplies 125297 13796 ReadyRefresh by Nestle 03/10/2023 211.97 Drinking Water Feb 2023 -Waste Water 125298 13201 Rincon Consultants, Inc. 03/10/2023 28,278.76 CCB EIR - Jan 2023 125299 12174 Rotary Club Of Pismo Beach 03/10/2023 176.00 Rotary Dues - February 2023 125300 11796 San Luis Powerhouse, Inc. 03/10/2023 368.75 Water Department Generator Repair 125301 12108 Santa Maria Tire, Inc. 03/10/2023 188.90 Vehicle Maintenance 125302 14387 Jake Smith 03/10/2023 95.00 Reimb: CWEA Membership Renewal 2023 125303 14099 Jeffrey Smith 03/10/2023 347.00 M&IE: CPCA Annual Training 3/11-3/16/23 125304 11412 Jennifer Franco Smith 03/10/2023 250.00 Portable Toilets- Chapman Estate - Feb 2023 125305 12031 Stanley Convergent Security Solutions 03/10/2023 811.58 Monthly Security & Fire Monitoring 125306 12476 Statewide Traffic Safety And Signs, Inc 03/10/2023 2,155.35 Pothole Materials 125307 13097 The Standard 03/10/2023 1,509.62 Life & Additional Life Insurance Premiums - March 2023 125308 13442 Thorn Run Partners 03/10/2023 4,500.00 Federal Lobbying Services March 2023 125309 12924 Traffic Management Inc 03/10/2023 603.67 Traffic Safety Signs 125310 12991 TransUnion Risk and Alternative 03/10/2023 151.00 Investigative Services- 2/1/23 - 2/28/23 125311 12982 Ultrex Business Products 03/10/2023 279.76 PD Fax Machine & Records Copier Usage Feb 2023 125312 12622 USA Bluebook Acct: 82507 03/10/2023 269.61 WWTP Lab Supplies 125313 14536 VIP Event Rentals, Inc 03/10/2023 200.00 Father/Daughter Dance Frozen Drinks 125314 13073 VSP- Vision Service Plan (CA) 03/10/2023 1,650.35 VSP Vision Coverage March 2023 125315 12132 White Flag Pest Control Inc 03/10/2023 161.00 Pest Control - 2/21/23

9.B-4Council Agenda 4-4-2023
Attachment 2
Packet Page 15

City of Pismo Beach
Final Disbursement List Check Date 03/10/2023

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
Total:184,007.15$

9.B-5Council Agenda 4-4-2023
Attachment 2
Packet Page 16

City of Pismo Beach
Final Disbursement List Check Date 03/17/2023

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 10002 Internal Revenue Service 03/17/2023 94,706.04$ Federal Income Tax PD 03/17/23 ACH 11305 Public Employees Retirement System 03/17/2023 67,334.40 PERS Retirement EE & ER PD 03/17/23 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 03/17/2023 23,961.31 ICMA 457 Deferred Comp EE & ER PD 03/17/23 ACH 12305 Franchise Tax Board 03/17/2023 15,956.43 State Income Tax & SDI PD 03/17/23 ACH 12360 CalPERS 457 Plan 03/17/2023 541.67 PERS 457 Deferred Comp EE & ER PD 03/17/23 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IR 03/17/2023 360.00 ICMA Roth IRA PD 03/17/23 ACH 12944 Leaf 03/17/2023 91.06 Monthly Copier Lease Mar 2023 ACH 13455 Wex 03/17/2023 1,277.44 Fuel for City Vehicles 2/07/23 - 3/07/23 125318 10434 Abalone Coast Analytical Inc 03/17/2023 30.00 Water Analysis 3/11/23 125319 12275 Airgas West Inc 03/17/2023 184.27 Cylinder Rental - March 2023 125320 11882 Alexander's Contract Services Inc 03/17/2023 3,239.47 Water Meter Reading Services Mar 2023 125321 10341 Alliant Insurance Services Inc-NPB Main 03/17/2023 2,424.00 Facility Insurance for Events Oct-Dec 2022 125322 12623 AT&T 9391012188 03/17/2023 4,097.16 Phone Bill 02/10/2023 - 03/09/2023 125323 13278 AT&T 9391059148 03/17/2023 825.13 Phone Bill 02/10/2023 - 03/09/2023 125324 10964 California Building Standards Commission - CBSC 03/17/2023 261.90 Green Fees Period 10.1.2022 - 12.31.2022 125325 14414 California State Disbursement Unit 03/17/2023 450.46 Tax Withholding Order PD 03/17/23 125326 11451 Channel Islands Technology Integrators' Group 03/17/2023 2,459.21 Remote Support 125327 11231 Coastal Peaks Coffee 03/17/2023 106.00 Coffee Supplies 125328 UB*00976 RACHEL COICOU (T) 03/17/2023 17.40 Refund Check 018791-000, 105 SEACLIFF 125329 14313 Culligan/Santa Maria 03/17/2023 177.86 Drinking Water Feb 2023 125330 12628 Dell Marketing LP 03/17/2023 27.90 Computer Accessories 125331 11803 Department Of Conservation 03/17/2023 737.50 SMIP Fees for October 1- 2022 - December 31- 2022 125332 12307 Department Of Justice 03/17/2023 32.00 Fingerprint Services 125333 12320 Dept Of Forestry and Fire Protection 03/17/2023 1,481,537.64 Sched A 4th Qtr Est FY23 4/1/23-6/30/23 & Sched A 2nd Qtr Act FY23 10/1/22-12/31/22 125334 10142 Division of The State Architect 03/17/2023 551.20 SB1186 Oct-Dec 2022 125336 12589 Ferguson Enterprises, Inc. 03/17/2023 278.45 Wawona/Ocean Blvd Valve Replacement 125337 12409 Friends Of Price House, Inc 03/17/2023 11,798.24 Reimb: Price House Electrical Mar 2017-Feb 2023 125338 14068 Impax Automation, LLC 03/17/2023 1,460.00 SCADA System Maintenance & Support 2/13/23-2/19/23 125339 11828 Gordon Jackson 03/17/2023 50.87 Reimb: Uber Go West Summit 2/26-3/2/23 125340 13153 Laserfiche 03/17/2023 7,689.00 Reg: Laserfiche Empower 2023 5/31-6/1/23 125341 12019 James Lewis 03/17/2023 1,536.89 Reimb: Hotel DC Advocacy Trip 3/8-3/10/23 125342 10656 LN Curtis & Sons 03/17/2023 43,082.01 Extrication Equipment-OTS grant reimbursement & Equipment Supplies 125343 12960 Med-Stops Medical Clinic Inc 03/17/2023 800.00 DMV/DOT Physicals 125344 10097 Miners Hardware 03/17/2023 179.34 Maintenance Supplies 125345 14343 ODP Business Solutions, LLC 03/17/2023 248.14 Office Supplies 125346 13279 Pacific Central Coast Health Centers 03/17/2023 303.00 Pre-employment physicals 125347 12315 Pacific Gas & Electric Company 03/17/2023 2,467.01 Electricity 2/6/23 - 3/7/23 125348 12070 Michelle Pearson 03/17/2023 369.52 Mileage/M&IE: AFSS Quarterly meeting 3/22-3/23/23 125349 14539 Pismo Beach Self Storage, LP 03/17/2023 1,224,304.96 Pismo Beach Self-Storage Judgment Payment 125350 12022 Pismo Beach Police Officer's Association 03/17/2023 1,515.30 POA Dues PD 03/17/23 125351 14283 Ritchie Photography 03/17/2023 538.75 Battalion Photos 125352 12405 Schaefer Construction 03/17/2023 11,550.00 Bond Release - 130 Bluff 125353 11208 SEIU Local 620 AFL/CIO 03/17/2023 851.98 SEIU Dues PD 03/17/23 125354 14538 Samuel Shawver 03/17/2023 591.00 Refund: Deposit/Rental Hour/Attendant Fee PBVH Event 2/25/23 125355 UB*00977 SK3 HOMES, INC. 03/17/2023 39.28 Refund Check 018938-000, 132 VISTA DEL MAR #A 125356 10411 Southern Computer Warehouse 03/17/2023 27,874.84 Police Video Storage 125357 12629 Tetra Tech Inc 03/17/2023 562.60 Map Checking Jan 2023 125358 14535 Troesh Coleman Pacific 03/17/2023 367.33 WWTP Supplies 125359 13392 Urban Planning Concepts 03/17/2023 22,780.13 In-house Planning Services Dec 2022 & Jan 2023 125360 13377 Willdan Financial Services 03/17/2023 10,500.00 Comprehensive User Fee Study & Cost Allocation Plan – Jan 2023 Total:3,073,126.09$

9.B-6Council Agenda 4-4-2023
Attachment 2
Packet Page 17

PISMO BEACH PUBLIC FINANCING AUTHORITY

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

ANNUAL ELECTION OF OFFICERS: PISMO BEACH PUBLIC FINANCING

AUTHORITY
RECOMMENDATION:

Adopt a Resolution of the Board of Directors of the Pismo Beach Public Financing Authority conducting the annual election of officers.

BACKGROUND:

The purposes of this agenda item of the Public Financing Authority are to hold the annual regular meeting and to hold the annual election of specified officers—as required by Authority Resolutions and by the Rules and Regulations of the Authority.

History
The Pismo Beach Public Financing Authority was created pursuant to a Joint Exercise Powers Agreement dated April 2, 1991, by and between the City of Pismo Beach and the Redevelopment Agency of the City of Pismo Beach. The Agreement provides that "The Authority shall be administered by a Board of five (5) Directors…" and that "The members of the City Council of the City […] shall constitute the Directors of the Authority." At its initial meeting on April 2, 1991, the Authority Board of Directors adopted Resolution No. PFA-91-1, electing and designating officers. The Board also adopted Resolution No.

PFA-91-2, which provided for Regular Meetings of the Board to be held annually on the first Tuesday of each April.

Resolution No. PFA-91-2 also established the Rules and Regulations of the Authority.

Section 3.02 of the Rules and Regulations provides that "The Chairperson, Vice Chairperson and Secretary shall be chosen annually by the Board." Section 3.03 provides that "The Board may elect or authorize the appointment of such other officers […] as the business of the Authority may require."
Purpose of the Authority
The Authority has an outstanding debt issuance, the 2012 Series Lease Revenue Bonds to support the Wastewater Treatment Facilities and Loan Match refunding. These bonds will mature in fiscal year 2033, at which time, the Authority could be closed down.

Current Action
Following the practices of recent annual elections, the attached Resolution (Attachment 1) provides for the election of a Chairperson, Vice Chairperson, and Secretary, and also for the election of an Executive Director, a Legal Advisor, and a Deputy Secretary. The persons named in the attached Resolution are the same persons elected last year with the exception of the Deputy Secretary, who is listed in the attached resolution as Sheila Rothstein, replacing Leah Moss. Section 3.02 of the Agreement provides that "the Council Agenda 4-4-2023 9.C-1
Packet Page 18

Treasurer of the City is hereby designated as the Treasurer of the Authority," thus no election needs to be made for the office of Treasurer.

Conclusion and Recommendation
Staff recommends that the City Council, convened as the Board of Directors of the Pismo Beach Public Financing Authority, adopt the attached Resolution (Attachment 1) conducting the annual election of officers.

FISCAL IMPACT:

No direct fiscal impact is associated with the annual election of officers.

ALTERNATIVES:

1. Elect different persons to the offices listed.

ATTACHMENTS:

1. Resolution
Prepared by: Nadia Feeser, Treasurer Meeting Date: April 4, 2023 Executive Director Approval:

Council Agenda 4-4-2023 9.C-2
Packet Page 19

RESOLUTION NO. PFA-R-2023-XXX

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PISMO BEACH PUBLIC

FINANCING AUTHORITY CONDUCTING THE ANNUAL ELECTION OF OFFICERS WHEREAS, the Pismo Beach Public Financing Authority was created pursuant to a Joint Exercise Powers Agreement dated April 2, 1991, by and between the City of Pismo Beach and the Redevelopment Agency of the City of Pismo Beach; and WHEREAS, said Agreement provides that the Authority shall be administered by a Board of five Directors; and
WHEREAS, said Agreement also provides that the members of the City Council of the City, as such members may change from time to time, shall constitute the Directors of the Authority; and
WHEREAS, the Rules and Regulations of the Authority were established by Authority Resolution No. PFA-91-2, adopted by the Board of Directors on April 2, 1991; and WHEREAS, Article III of The Rules and Regulation of the Authority provides for the election of Officers.

NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Pismo Beach Public Financing Authority that the following persons be elected to the offices set opposite their names below, as Chairperson, Vice Chairperson and Secretary of the Authority, each to hold office until she or he shall resign or shall be removed, or otherwise shall be disqualified to serve, or her / his successor shall be elected and qualified to serve:

Chairperson Edward Waage
Vice Chairperson Mary Ann Reiss
Secretary Erica Inderlied
BE IT FURTHER RESOLVED by the Board of Directors of the Pismo Beach Public Financing Authority that the following persons be elected to the offices set opposite their names below, as Executive Director, Legal Advisor and Deputy Secretary of the Authority, each of whom shall hold office for such period, have such authority and perform such duties as are provided in the Rules and Regulations, or as the Board from time to time may authorize or determine:

Executive Director James R. Lewis
Legal Advisor David Fleishman
Deputy Secretary Sheila Rothstein
Council Agenda 4-4-2023 9.C-3
Attachment 1
Packet Page 20

UPON MOTION OF Board Member , seconded by Board Member , the foregoing resolution was adopted by the Public Financing Authority of the City of Pismo Beach this 4th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Chairperson Erica Inderlied, Secretary
Council Agenda 4-4-2023 9.C-4
Attachment 1
Packet Page 21

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

ANNUAL REPORT FOR FISCAL YEAR 2023-24 FROM THE PISMO BEACH

CONFERENCE AND VISITORS BUREAU / LODGING BUSINESS IMPROVEMENT DISTRICT (LBID) ADVISORY BOARD; DECLARING THE CITY COUNCIL’S

INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE LBID FOR FISCAL YEAR 2024
RECOMMENDATION:

Adopt a Resolution approving the Annual Report for Fiscal Year 2024 from the Pismo Beach Conference and Visitors Bureau / Lodging Business Improvement District Advisory Board, and declaring the City Council’s intention to levy an annual assessment for the LBID for FY 2024, and directing the City Clerk to schedule a public hearing for April 18, 2023, to consider levying the assessment.

EXECUTIVE SUMMARY
The primary purpose of this agenda item is to present for approval the CVB/LBID Advisory Board’s LBID Annual Report for Fiscal Year (FY) 2024, and recommend that the Council declare its intention to levy an annual assessment for the LBID district for FY 2024 and direct the City Clerk to schedule a public hearing for April 18, 2023, to consider levying the assessment.

Background
The Lodging Business Improvement District (LBID) is an assessment district created by the Pismo Beach City Council on August 4, 2009 via Ordinance No. O-2009-008 at the request and approval of a majority of the lodging businesses operating in the City. These lodging businesses requested to raise money by assessing themselves, and then to use that money to promote Pismo Beach lodging businesses. Each year since then, the City Council has approved an annual assessment for lodging properties at 1% of gross lodging revenues. The assessments have been used to fund promotional activities for lodging and other tourism opportunities within Pismo Beach.

Pismo Beach Municipal Code Section 3.26.110 provided for a three-year sunset provision for the LBID (in early September 2012). After the passage of the LBID ordinance, California voters enacted Proposition 26, which amended the California Constitution to revise the definition of a “tax.” This set in motion the fact that the LBID assessment, in order to be extended beyond the September 2012 sunset date, was subject to compliance with Proposition 26 to avoid being considered a special tax requiring a 2/3 majority vote of the electorate to pass. With the renewal of the LBID following adoption of Proposition 26, the purposes for which LBID assessments could be expended were more limited than when the LBID was initially established. As such, the improvements and activities permitted under Section 3.26.030 of the Pismo Beach Municipal Code include:

Council Agenda 4-4-2023 9.D-1
Packet Page 22

a) The general promotion of lodging operations within the LBID shall include costs of programs and physical improvements as specified in the business plan to be adopted annually;
b) The marketing of conference, group, and vacation business that benefits the local lodging industry in the district;
c) The marketing of the LBID to the travel industry in order to benefit the local lodging industry in the district;
d) Administration of the LBID, including collection and enforcement of assessments.

Additional 1% LBID Assessment for Physical Improvements In FY 2019, the Advisory Board and City Council approved an additional 1% LBID assessment effective on January 1, 2019 to be annually approved for 5 years to provide the funding to complete some significant community enhancing projects that would help promote and benefit the lodging businesses in the City of Pismo Beach. These community enhancing projects include the pier plaza improvements, pedestrian connections under US 101 at Price Street and Spyglass Avenue for entrance into the Pismo Preserve, beach swings, and Addie Street area improvements. These projects are either completed, under construction, ordered, or projected to be budgeted in the next budget. Pier Plaza improvements – Completed
Purchase of the Pismo Preserve- Completed
Pedestrian connection under the US 101 at Price Street for entrance into the Pismo Preserve – Completed
Pedestrian connection under the US 101 at Spyglass Drive – Under Construction Beach swings – received equipment, pending demo of old swing and installation of new swings
Addie Street restroom – to be included in FY 2024 budget The end of the initial 5 years is December 31, 2023. If the additional 1% LBID assessment for physical improvements is not approved, then these final projects are estimated to be completed by the end of FY 2024. If the additional 1% LBID assessment for physical improvements is extended, new proposed visitor-serving projects could include the following projects: e-bike infrastructure; pedestrian safety and other improvements at the Butterfly Grove; improving the ballfields such as adding lights and improving the restrooms; and a feasibility study of extending the boardwalk from Main Street to Wadsworth Avenue. Some of these projects could be multi-year projects. As such, the amount of these proposed projects that could be accomplished depends on how many years the additional 1% assessment is continued. These projects would need to be further defined with City staff working with the CVB/LBID Advisory Board and supported by the City Council.

Since passage of the LBID, the total amount of assessments collected has been $17.41 million, including $12.48 million from the original 1% assessment and $4.93 million from the 1% assessment for physical improvements.

Council Agenda 4-4-2023 9.D-2
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Annual Report Requirement
Section 3.26.100 of the Pismo Beach Municipal Code states that the Advisory Board shall review the implementation of the code chapter, the implementation of programs and activities funded through the code chapter, and advise the City Council on the amount of the district’s assessments and on the services, programs, and activities to be funded by the assessments, and perform such other duties as required by the Business Improvement District Law, including preparing the Annual Report required by California Streets and Highways Code Section 36533. California Streets and Highways Code Section 36533 requires that the report include information addressing the following six items:
(1) Any proposed changes in the boundaries of the parking and business improvement area or in any benefit zones within the area.
(2) The improvements and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements and the activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
(5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The amount of any contributions to be made from sources other than assessments levied pursuant to this part.

At its March 16, 2022 meeting, the CVB/LBID Advisory Board heard from the Pismo Beach Hospitality Association whose members unanimously supported the 2% Assessment on March 15, 2023. The CVB/LBID Advisory Board moved to recommend that the 2% Assessment be continued in FY 2024, and approved the Annual Report, which addresses the above items (See Attachment 1.A, which will be included as Exhibit A to the Resolution if adopted).

FY 2024 Annual Report
See Attachment 1.A: Updated CVB/LBID Advisory Board Annual Report for FY 2024.

Public Hearing
If the City Council approves the CVB/LBID Advisory Board’s recommendation this evening, a public hearing regarding the assessment will be scheduled for the next City Council meeting. Pismo Beach Municipal Code Section 3.26.060 states that “After approval of the annual report, the Pismo Beach City Council shall follow the hearing process as outlined in [California Streets and Highways Code] Section 36534 of the Law to levy assessments for the ensuing fiscal year. At the public hearing the Pismo Beach City Council shall hear and consider all protests to the levy of assessment. If written protests are received from lodging operations in the district proposed to pay fifty percent (50%) percent or more of the annual assessment, no further proceedings to impose the levy of assessments shall take place during the ensuing fiscal year.” If protests received Council Agenda 4-4-2023 9.D-3
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do not represent 50% or more, the Council may proceed to adopt a resolution imposing an assessment for FY 2024.

Conclusion and Recommendation
Staff recommends that Council adopt a Resolution (Attachment 1) approving the annual report for fiscal year FY 2024 from the CVB/LBID Advisory Board, and declaring the City Council’s intention to levy an annual assessment for the Lodging Business Improvement District for FY 2024, and directing the City Clerk to schedule a public hearing for April 18, 2023 to consider levying the assessment. This date is not less than 10 days after the adoption of the resolution of intention per California Streets and Highways Code Section 36534(a)(6).

FISCAL IMPACT:

The fiscal impact of approving the FY 2024 Annual Report assumes that the City Council chooses to support the additional 1% LBID assessment for physical improvements for an additional year. If the proposed FY 2024 Annual Report is approved, it is estimated that a 1% LBID annual assessment for FY 2024 would generate $1,449,539 in LBID Assessment Revenues in FY 2024 which, after $150,588 of administrative expenses, could be used to promote the lodging businesses in Pismo Beach. These costs could, in turn, generate transient occupancy tax revenues and other revenues for the City and related agencies.

In addition, the 1% LBID annual assessment for FY 2024 for physical improvements is estimated to generate the same $1,449,539. This assessment could be used to support visitor serving improvements. The FY 2024 proposed budget includes an estimated $1,200,000 for the Addie Street restroom project.

Not passing this or a similar Resolution would preclude the Council from setting an Annual Assessment for the LBID for FY 2024, and thus preclude the LBID from generating an estimated $2,899,079 in Assessment Revenues in FY 2024, which could be used to promote the lodging businesses in Pismo Beach.

ALTERNATIVES:

1. Do not adopt the Resolution; do not levy an assessment in FY 2024.

2. Provide staff with other direction.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: CVB/LBID Advisory Board Annual Report for FY 2024
Submitted by: Meeting Date: April 4, 2023
Nadia Feeser, Administrative Services Director
City Manager Approval:

Council Agenda 4-4-2023 9.D-4
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RESOLUTION NO. R-2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA APPROVING THE ANNUAL REPORT FOR FISCAL YEAR 2024 FROM

THE PISMO BEACH CONFERENCE AND VISITORS BUREAU / LODGING

BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD, AND DECLARING THE CITY COUNCIL’S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE LBID FOR FY 2024, AND DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR APRIL 18, 2023, TO CONSIDER LEVYING THE ASSESSMENT WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.) authorizes cities to establish parking and business improvement areas for the purpose of imposing assessments on businesses for certain purposes; and
WHEREAS, the Pismo Beach City Council established the Lodging Business Improvement District (“the District” or “LBID”) by the adoption of Ordinance O-2009-008; and
WHEREAS, the Conference and Visitors Bureau / Lodging Business Improvement District Advisory Board has submitted an Annual Report to Council that outlines the activities of the District proposed for Fiscal Year (FY) 2024 as required by California Streets and Highways Code Section 36533; and
WHEREAS, the City Council finds the Annual Report to be complete, to comply with the interests of the District assessees, and to contain the information required by California Streets and Highways Code Section 36533; and
WHEREAS, California Streets and Highways Code Sections 36534 and 36535 require that in order to levy an assessment, the Council must adopt a Resolution of Intention that declares its intent to levy such assessment, and then set a date for a public hearing where interested parties may be heard on the issue.

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

Section 1. The City Council hereby approves the Annual Report for FY 2024, as submitted to the City Clerk by the CVB/LBID Advisory Board attached as Exhibit A.

Section 2. No changes are proposed to the boundaries of the Lodging Business Improvement District.

Section 3. Pursuant to the provisions of Section 36500 et seq. of the California Streets and Highways Code, the City Council declares its intent to levy and collect an annual assessment for the Lodging Business Improvement District for FY 2024. The assessment Council Agenda 4-4-2023 9.D-5
Attachment 1
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shall be calculated based upon 2% of the gross lodging revenues, as that term is defined in Pismo Beach Municipal Code Section 3.26.020(D).

Section 4. The authorized uses for the revenues derived from the assessment are stated in Pismo Beach Municipal Code Section 3.26.030, and no changes to these uses are proposed in the Annual Report for FY 2024. The authorized uses as stated in that section are:
a) The general promotion of lodging operations within the LBID shall include costs of programs and physical improvements as specified in the business plan to be adopted annually;
b) The marketing of conference, group, and vacation business that benefits the local lodging industry in the district;
c) The marketing of the LBID to the travel industry in order to benefit the local lodging industry in the district;
d) Administration of the LBID, including collection and enforcement of assessments.

Section 5. An outline description of the improvements and activities to be provided in FY 2023, the boundaries of the District, and the proposed assessments to be levied upon the businesses within the area are contained within the Annual Report for FY 2024 filed with the City Clerk by the CVB/LBID Advisory Board.

Section 6. A public hearing shall be held before the City Council on April 18, 2023 in the City Council Chamber, 760 Mattie Road, Pismo Beach, California. Following the hearing, Council will consider adoption of a resolution levying the assessment as recommended by the CVB/LBID Advisory Board.

At this hearing, Council will hear all interested persons, and protests may be made orally or in writing. Written protests shall be filed with the City Clerk at or before the hearing. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing, and shall clearly set forth the irregularity or defect to which the objection is made. Council may correct minor defects in the proceedings during the hearing.

If written protests against the assessment are received from business owners that will pay fifty percent or more of the proposed assessment, no further proceedings to levy the assessment shall be taken for one year from the date of the finding of a majority protest by Council. If the majority protest by business owners is against the furnishing of a specified improvement or activity within the District, those improvements or activities shall be eliminated. In order to be counted toward a majority protest, each written protest shall be from the business owner and contain a business description sufficient to identify the business. If the protesting person is not shown on the City’s official business license records as owner of the business, the protest shall contain written evidence that the person is the business owner.

Council Agenda 4-4-2023 9.D-6
Attachment 1
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Section 7. The City Clerk is hereby directed to give notice of said hearing by causing the Resolution of Intention to be published once in a newspaper of general circulation in the City of Pismo Beach not less than seven days before the public hearing.

Section 8. This Resolution is effective on its adoption.

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 4th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 4-4-2023 9.D-7
Attachment 1
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Pismo Beach Lodging Business Improvement District
Annual Report and Business Plan for FY 2023-2024
Presented to the Pismo Beach City Council By the City Conference & Visitors Bureau / Lodging Business Improvement District Advisory Board
The City of Pismo Beach’s Conference & Visitors Bureau (CVB) Board at its meeting on March 15, 2023, completed its Pismo Beach Lodging Business Improvement District Updated Annual Report and Business Plan as required by Section 3.26.060 of the Pismo Beach Municipal Code.

Regarding the requirements for the Annual Report, as stated in Section 36533 of the California Streets and Highways Code:

1.The Pismo Beach Lodging Business Improvement District (LBID) Advisory Board did not propose any changes in the Boundaries of the LBID, which were established in Section

3.26.040 to be the boundaries of the City of Pismo Beach.

2.With the renewal of the LBID following adoption of Proposition 26, the purposes for which LBID assessments could be expended were more limited than when the LBID was initially established. As such, the improvements and activities to be provided for in Fiscal Year (FY) 2024 are those services and activities permitted under Section 3.26.030 of the Pismo Beach Municipal Code, which include:

A.The general promotion of lodging operations within the LBID shall include costs of programs and physical improvements as specified in the business plan to be adopted annually;
B.The marketing of conference, group, and vacation business that benefits the local lodging industry in the district;
C.The marketing of the LBID to the travel industry in order to benefit the local lodging industry in the district;
D. Administration of the LBID, including collection and enforcement of assessments.

The continuing initiatives proposed for the original 1% LBID Assessment for FY 2024 include the following: Following the Strategic Plan including smart tourism growth, collaborative partnerships, expanding the brand of Classic California, Wine and Waves and current campaigns that feature stewardship, equity, diversity and inclusivity as well as ExperiencePismoBeach.com.

This will be accomplished by following the 2023-2025 Marketing Plan with ongoing reviews at the CVB/LBID Advisory Board Meetings. Specific initiatives include emphasis on lodging packages, targeted advertising of the four-to-five-hour drive markets of both Southern and Northern California, Fresno, Bakersfield, Ventura County, and Santa Barbara County, as well as San Luis Obispo flight routes from Los Angeles, San Diego, Phoenix, Denver, Seattle, Dallas and San Francisco. Continue cooperative advertising with the County Tourism Marketing District and Council Agenda 4-4-2023 9.D-8
Attachment 1A
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other tourism partners, such as Central Coast Tourism Council and Visit California. There will be a continuing effort to promote off-season events that benefit the lodging industry in Pismo Beach and other marketing efforts with emphasis on all social media platforms. These efforts are designed to improve lodging occupancies, RevPAR and TOT taxes which benefit all the residents of Pismo Beach.

The physical improvements proposed for the additional 1% LBID Assessment for FY 2024 include the Addie Street restroom improvements project, consistent with the original intent of the additional 1% for physical improvements. These efforts are designed to improve lodging occupancies, RevPAR and TOT taxes which benefit all the residents of Pismo Beach.

3.Estimated Costs for FY 2023 and FY 2024
FY 2023 Projected Actuals for Original 1% Assessment
•Sources: The FY 2023 projected actual total sources of $2,271,410, made up of $848,743 from fund balance carried over from the prior fiscal year, an estimated $1,421,117 from LBID assessment revenues, and a projected $1,550 in interest earnings and fees. •Uses: The FY 2023 projected actual expenditures are $1,712,684. This total includes $137,272 for administrative costs and $1,575,412 for direct costs.

The following table shows: the FY 2023 projected actuals for the original 1% assessment, followed by summary tables of the total uses by administrative costs, direct costs, and improvements and details on the direct costs.

Council Agenda 4-4-2023 9.D-9
Attachment 1A
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The next tables summarize the total uses by administrative costs and direct costs, and provides the components of the direct costs.

FY 2023
Original 1%
Beginning Fund Balance 848,743$
Revenues
LBID Assessment Revenues 1,421,117
Interest Earnings 1,550
Total Revenues 1,422,667$
Total Sources 2,271,410$
Expenditures
Salaries & Wages 34,116
Benefits 4,264
Purchase Professional Services 118,550
Purchase Professional Services -
Contract Services 1,124,170
Operations & Maintenance 2,300
Other Expenses 83,884
Contributions 345,400
Total Expenditures 1,712,684$
Net Revs - Exp (290,017)
Carryforward 16,000
Ending Fund Balance 558,726$
Council Agenda 4-4-2023 9.D-10
Attachment 1A
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FY 2023 Projected Actuals for 1% Assessment for Physical Improvements •Sources: The FY 2023 projected actual total sources of $1,422,667, made up of $(568,864) from fund balance carried over from the prior fiscal year based on an interfund loan payable to the City’s Motor Vehicle Replacement Fund, an estimated $1,421,117 from LBID assessment revenues, and a projected $1,550 in interest earnings and fees. •Uses: The FY 2023 projected actual expenditures are $346,664. This total includes: $300,000 for the pedestrian connections under US interstate 101 at Spyglass; $36,000 to replace the beach playground equipment at Main Street and Addie Street, consistent with the original intent of the additional 1% for physical improvements; and $10,664 for the third and final interest payment on the interfund loan agreement. In addition, the principal on the interfund loan of $1,077,042 will be made this fiscal year.

The following table shows: the FY 2023 projected actuals for the 1% assessment for physical improvements.

FY 2023
Original 1%
Administrative/Overhead 137,272$
Direct C osts 1,575,412
1,712,684$
Direct Costs
TJA Agreement 1,222,000
Miscellaneous direct costs 8,012
Contributions
Title sponsorship for World Para-Surfing Championship 175,400$ Sponsorship of major events 100,000
Surfing for Hope SLO CAL Open 20,000
Basin Street Regulars / Jubilee by the Sea 10,000
Chamber of Commerce 15,000
San Luis Obispo Int'l Film Festival 5,000
CA Welcome Center Funding 20,000
Total Contributions 345,400$
Total Direct Costs 1,575,412
Council Agenda 4-4-2023 9.D-11
Attachment 1A
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FY 2024 Proposed Budget for Original 1% Assessment
•Sources: The FY 2024 proposed budget total sources of $2,016,761, made up of $558,726 from fund balance carried over from the prior fiscal year, an estimated $1,449,539 from LBID assessment revenues, and a projected $8,496 in interest earnings and fees. •Uses: The FY 2024 proposed budget expenditures are $1,722,188. This total includes $150,588 for administrative costs and $1,571,600 for direct costs.

The following table shows: the FY 2024 proposed budget sources and uses, followed by summary tables of the total uses by administrative costs, direct costs, and improvements and details on the direct costs.

FY 2023
Physical
Improvements
Beginning Fund Balance (568,864)$
Revenues
LBID Assessment Revenues 1,421,117
Interest Earnings 1,550
Total Revenues 1,422,667$
Total Sources 853,803$
Expenditures
Physical Improvements FY23 Spyglass Sidewalk, Beach
swing replacement, FY24
Addie St Restroom
336,000
Debt service Debt Service interest 10,664
Total Expenditures 346,664$
Net Revs - Exp 1,076,003
Carryforward
Ending Fund Balance 507,139$
Council Agenda 4-4-2023 9.D-12
Attachment 1A
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The next tables summarize the total uses by administrative costs and direct costs, and provides the components of the direct costs.

FY 2024
Original 1%
Beginning Fund Balance 558,726$
Revenues
LBID Assessment Revenues 1,449,539
Interest Earnings 8,496
Total Revenues 1,458,035$
Total Sources 2,016,761$
Expenditures
Salaries & Wages 33,928
Benefits 7,573
Purchase Professional Services 124,236
Purchase Professional Services 16,000
Contract Services 1,177,002
Operations & Maintenance 2,300
Other Expenses 91,149
Contributions 270,000
Total Expenditures 1,722,188$
Net Revs - Exp (264,153)
Carryforward
Ending Fund Balance 294,573$
FY 2024
Original 1%
Administrative/Overhead 150,588$
Direct Costs 1,571,600
1,722,188$
Direct Costs
TJA Agreement 1,283,100
Miscellaneous direct costs 18,500
Proposed Contributions 270,000
Total Direct Costs 1,571,600
Council Agenda 4-4-2023 9.D-13
Attachment 1A
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FY 2024 Proposed Budget for 1% Assessment for Physical Improvements •Sources: The FY 2024 proposed budget total sources of $1,965,174, made up of $507,139 from fund balance carried over from the prior fiscal year, an estimated $1,449,539 from LBID assessment revenues, and a projected $8,496 in interest earnings and fees. •Uses: The FY 2024 proposed budget expenditures include $1,200,000 for the Addie Street restroom and improvements project.

The following table shows: the FY 2024 proposed budget for the 1% assessment for physical improvements.

As the revenues and expenditures in this report reflect projections, it is prudent to continue to monitor these items over the course of the fiscal year.

4.No change in the LBID method or basis of levying the assessment was proposed for FY 2024.

The CVB/LBID Advisory Board approved a motion to recommend that the 2% Assessment be continued in FY 2024.

5.The FY 2023 LBID budget for the original 1% assessment is projected to include a $558,726 surplus left over for carryover into FY 2024. The FY 2023 LBID budget for the 1% assessment for physical improvements is projected to include a $507,139 surplus left over for carryover into FY 2024.

6.The FY 2024 LBID Projected Actuals includes $16,991 in projected interest earnings, which comes from investments from the 2% assessment levied on transient rentals, and fund balance carried over from the prior fiscal year. The CVB/LBID Advisory Board did not recommend that any other contributions be budgeted for FY 2024.

FY 2024
Physical
Improvements
Beginning Fund Balance 507,139$
Revenues
LBID Assessment Revenues 1,449,539
Interest Earnings 8,496
Total Revenues 1,458,035$
Total Sources 1,965,174$
Expenditures
Physical Improvements FY24 Addie St Restroom 1,200,000
Total Expenditures 1,200,000$
Net Revs - Exp 258,035
Carryforward
Ending Fund Balance 765,174$
Council Agenda 4-4-2023 9.D-14
Attachment 1A
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E
SUBJECT/TITLE:

ASSIGNMENT OF WATER PRESALE AGREEMENT RIGHTS FROM CENTRAL

COAST DEVELOPMENT COMPANY TO INTREPID FINANCIAL, LLC
RECOMMENDATION:

Adopt a Resolution approving the assignment of rights under a water presale agreement between the City and Central Coast Development Company to Intrepid Financial, LLC.

BACKGROUND:

In 1992, the City entered into an agreement with Pacific Coast Homes for “pre-sale” of State Water (Attachment 2). The City agreed to request an additional 140 acre-feet of water per year from the State Water Project, above its allocation of 1,100 acre-feet per year, provided Pacific Coast Homes paid the costs for the additional water. The water was intended to be used on property at the northern boundary of Pismo Beach. Pacific Coast Homes later sold the land, and it was ultimately purchased by Gragg Canyon Ranch, LLC. In September 2005, the water presale agreement rights were assigned to Pismo-98, LLC, which later sold 100 acre-feet of its total 140 acre-feet allocation to Central Coast Development Company (CCDC). Pismo-98, LLC later transferred its remaining 40 acre-feet allocation to the City.

Through a settlement agreement entered into between the City and CCDC in October 2022, CCDC transferred 80 acre-feet of its 100 acre-feet allocation to the City without cost. It retained the rights to a 20 acre-feet allocation, but the City is permitted to use the allocation without payment to CCDC until CCDC or its successors in interest pursue development on its property and notify the City of its intent to use the water allocation.

There are additional steps involved that would be needed before the water allocation could actually be used, including approval by the Local Agency Formation Commission (LAFCO). Under Section 2.3 of the settlement agreement (Attachment 3), CCDC also has the right to transfer its allocation with the City’s consent pursuant to the terms of the water pre-sale agreement.

As a result of the pending dissolution of the CCDC partnership, CCDC has requested that the City authorize the transfer of the 20 acre-feet allocation to Intrepid Financial, LLC.

Intrepid Financial, LLC is the current owner of the 154-acre parcel adjacent to the City limits that was previously owned by CCDC, commonly referred to in the past as the “Los Robles del Mar” property. Intrepid Financial, LLC has agreed to be bound by the terms of the settlement agreement, which requires CCDC to either develop the property within 15 years after the effective date of the settlement agreement and use the water allocation, or transfer the remaining allocation to the City without cost. This requested assignment would not extend that 15-year period, and Intrepid Financial would be required to comply with the water pre-sale agreement in all other regards if it wishes to develop the property.

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Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute an agreement (Attachment 1.A) for the assignment of water presale agreement rights from Central Coast Development Company to Intrepid Financial, LLC.

FISCAL IMPACT:

There is no direct fiscal impact to the City from this action.

ALTERNATIVES:

1. Do not approve assignment. This option is not recommended in that there is no basis identified by staff to deny the assignment.

ATTACHMENTS:

1. Resolution authorizing Assignment of Rights and City Approval Agreement

1.A. Exhibit A to Resolution: Assignment of Rights and City Approval Agreement

2. Water Presale Agreement, with Amendment #1 and Amendment #2

3. Settlement agreement between City and Central Coast Development Company Submitted by: Dave Fleishman, City Attorney Meeting Date: April 4, 2023 City Manager Approval:

Council Agenda 4-4-2023 9.E-2
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RESOLUTION NO. R-2023-XXX

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

CALIFORNIA APPROVING AN ASSIGNMENT OF RIGHTS UNDER A WATER

PRESALE AGREEMENT BETWEEN THE CITY AND CENTRAL COAST

DEVELOPMENT COMPANY TO INTREPID FINANCIAL, LLC
WHEREAS, the City is party to a water presale agreement with Central Coast Development Company (CCDC) that governs the allocation of 20 acre-feet of State Water Project water for property owned by CCDC;
WHEREAS, due to an impending dissolution of CCDC, CCDC desires to assign all of its rights under the water presale agreement to Intrepid Financial, LLC; and WHEREAS, the water presale agreement requires City consent to any assignment of rights under that agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach that the City Manager is authorized and directed to sign the Assignment of Rights and City Approval agreement to effectuate the assignment of rights under the water presale agreement, in substantially the form attached hereto (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 4th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

AND CITY APPROVAL
This Assignment of Rights and City Approval (the "AGREEMENT"), dated February ___, 2023 (the “Effective Date”), is entered into by and between Central Coast Development Company ("CCDC" or “Assignor”), Intrepid Financial LLC (“INTREPID” or “Assignee”), and the City of Pismo Beach (CITY), collectively the PARTIES, on the following terms and conditions:

RECITALS
A. On May 21, 1992 the CITY entered into an agreement with Pacific Coast Homes ("PCH")- the Agreement for Pre-Sale of State Water (the "PCH AGREEMENT"). Under the PCH AGREEMENT, the CITY among other things, (i) agreed to obtain an additional allocation of State of California Water Project water ("STATE WATER") in the amount of 140 acre-feet per year (the "ADDITIONAL ACRE-FEET ALLOCATION"), and (ii) granted to PCH an exclusive right to use the ADDITIONAL ACRE-FEET ALLOCATION on specific property subject to certain conditions.

B. Gragg Canyon Ranch, LLC ("GRAGG CANYON"), as successor to PCH, subsequently assigned all of its right, title, and interest under the PCH AGREEMENT to Pismo- 98, LLC, an Arizona limited liability company ("PISMO-98"). Concurrently with the CITY's consent to the assignment, the CITY, GRAGG CANYON, and PISMO-98 entered into Amendment Number 1 to the PCH AGREEMENT dated as of September 5, 2005, pursuant to which certain real property owned by PISMO-98 was substituted for the real property described in the original PCH AGREEMENT.

C.In 2011, Pismo-98 assigned its right, title, and interest in 100 acre-feet of the Additional Acre-Feet Allocation (the "100 ACRE-FEET ALLOCATION") to CCDC, CCDC agreed to assume PISMO-98's obligations regarding the payment of fixed and variable costs associated with the 100 ACRE-FEET ALLOCATION, and real property owned by CCDC was substituted for the PISMO-98 property. The PCH AGREEMENT, Amendment No. 1, and further amendments and agreements regarding the assignment and assumption of obligations related to the 100 ACREFEET ALLOCATION are referred to herein collectively as the "STATE WATER AGREEMENTS."
D. On November 24, 2015, the CITY filed a Complaint for Breach of Contract and Declaratory Relief against Pacific Harbor Homes, LLC, Pacific Harbor Homes, Inc., and CCDC regarding payments the CITY alleged were due under the STATE WATER AGREEMENTS- City of Pismo Beach v. Pacific Harbor Homes, Inc., et al. (San Luis Obispo County Case No. 15CV0627) (the "LAWSUIT").

E.As a result of the LAWSUIT, through the Settlement Agreement/Amendment to Agreement for Pre-Sale of State Water dated October 4, 2022 (the “October 4, 2022 Amendment”), CCDC agreed to relinquish 80 Acre-Feet of the 100 ACRE-FEET ALLOCATION to the CITY permanently. The rights to the remaining 20 Acre-Feet of the 100 Attachment 1A
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ACRE-FEET ALLOCATION (the “CCDC Allocation”) remain a CCDC asset. CCDC has 15 years from the date of the October 4, 2022 Amendment to use the water on its property (identified in Section F below as the “Intrepid Property”) or otherwise sell the water. If CCDC fails to do so, the rights to the CCDC Allocation automatically revert to the CITY.

F. CCDC is wrapping up and dissolving its business affairs, and intends to assign all of its right, title and interest in the CCDC Allocation to INTREPID. INTREPID is currently the owner of 154 acres of real estate, previously owned by CCDC, which land is adjacent to the CITY (the “Intrepid Property”) and within the City’s Sphere of Influence.

G.Through this AGREEMENT, CCDC, the CITY and INTREPID acknowledge the assignment of the 20 Acre-Feet Allocation, and the CITY provides consent to the assignment as noted herein.

1.ASSIGNMENT
a.For good and valuable consideration, receipt of which is hereby acknowledged, Assignor hereby assigns, transfers and conveys to Assignee, as of the Effective Date, all of Assignor’s right, title and interest in, to and under the Existing Water Pre-Sale Agreement as amended by the October 4, 2022 Amendment between CCDC and the CITY to a 20 Acre-Feet Allocation (collectively, the “Assigned Rights”), which Assigned Rights are intended for use at the Intrepid Property. b.All representations and warranties of Assignor as set forth in this AGREEMENT are hereby incorporated by reference herein and shall, upon Assignor’s execution hereof, be deemed reaffirmed as of the Effective Date hereof. Assignor further represents and warrants that the existing Water Pre-Sale Agreement dated May of 1992, and as amended thereafter, remains in full force and effect and has not been revoked or nullified in any manner as of the Effective Date of this Agreement. c.Nothing is this AGREEMENT amends the rights of the PARTIES as set forth in the “October 4, 2022 Amendment” or alters the deadlines set forth in section 2.4 of that agreement. Assignee expressly agrees to be bound by the provisions of Sections 2.1, 2.2, 2.3, 2.4, 3.1, 3.2 and 3.3 of the October 4, 2022 Amendment, which are hereby incorporated herein by reference, substituting Assignee’s name for CCDC wherever it appears in those Sections.
d. Assignee, by its execution of this AGREEMENT, hereby accepts the foregoing assignment.

2.CITY AUTHORIZATION
a.In accordance with Section 5 of Amendment No. 1 to the Existing Water Pre-Sale Agreement, the City hereby authorizes and approves assignment of the Assigned Rights to Assignee on the terms and conditions set forth in this AGREEMENT.

The City further agrees that, from and after the Effective Date hereof, the Intrepid Property shall be the “Benefitted Property” as that term is used in the Existing Attachment 1A
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Water Pre-Sale Agreement, as amended, for all purposes related to the CCDC Allocation, and as clarified in the October 4, 2022 Amendment. b. The City hereby confirms for the benefit of Assignor and Assignee that the existing Water Pre-Sale Agreement dated May of 1992, and as amended thereafter, remains in full force and effect and has not been revoked or nullified in any manner as of the Effective Date of this AGREEMENT.
c. The Parties further acknowledge and agree, and warrant for the benefit of Assignee, that the Assignment consideration to be paid to Assignor is in the form of cancellation of certain debt owed by Assignor to Assignee, and does not constitute “profiteering” within the terms of Section 5 of Assignment Number 1 to the Existing Water Pre-Sale Agreement.

3.MISCELLANEOUS
a.Counterparts. This AGREEMENT may be executed in counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument.
b.Successor and Assigns. This AGREEMENT shall be binding on and inure to the benefit of the PARTIES hereto and their respective successors and assigns. c.Headings. The headings to paragraphs of this AGREEMENT are for convenient reference only and shall not be used in interpreting this AGREEMENT. d.California Law. This AGREEMENT shall be governed by and interpreted in accordance with the laws of the state of California. Venue for any dispute over this AGREEMENTshall be in the Superior Court of the County of San Luis Obispo.
{signatures begin on following page]
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ASSIGNOR: CITY:

Central Coast Development Company, City of Pismo Beach, a a California general partnership municipal corporation By: Pacific Harbor Homes, LLC, a By: __________________________ California limited liability company, Ed Waage, Mayor
Partner
By: Pacific Harbor Homes, Inc. Attest:

A California corporation, managing member
By: ________________________________ By: __________________________ Darin Kruse, President City Clerk
By: Dolphin Development Company, Inc.

A California corporation,
Partner
By: ________________________________
Darin Kruse, President
ASSIGNEE:

Intrepid Financial, LLC, a
Delaware limited liability company
By: _____________________________________
Darin Kruse, Managing Member
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l y
rn<r o.arE (aVn2P1.2
PJD DAiE
atenlion:

Pau C-41
AMENDMENT NUMBER 2
AGREEMENT FOR PRE-SALE OF STATE WATER Or(' ~

BETWEEN

THE CITY OF PISMO BEACH
AND

PACIFIC COAST HOMES
WHEREAS, on May 21, 1992, the City of Pismo Beach entered into an agreement for pre-sale of State water with Pacific Coast Homes("AgreemenY'), which was amended by A,mendment Number 1 on September 8, 2005 ("Amendment Number 1") ;and WHEREAS,the current successor in interest to the Agreement is Pismo-98, LLC; and WHEREAS, Pismo-98, LLC has agreed to assign a portion of its rights under the 4greement to Central Coast Development Company; and
WHEREAS, Central Coast Development Company is the owner of certain real prc perty commonly known as the Los Robles del Mar Property, a property currently within i he City's sphere of influence; and
WHEREAS, the Ciry of Pismo 8each does not object to this assignment, and WHEREAS,the parties desire to clarify several provisions of the original agreement to reflect the partial assignment,
NOW, THEREFORE, the parties hereto agree as follows:

1. Transfer of Water:

Pismo-98, LLC ("Pismo-98") has assigned, and the City has approved the assignrnent of, one hundred (100)acre-feet of the Additional Acre Feet (as defned in the Agreement)to Central Coast DeGelopment Company. From the effective date of this Amendment#2, Pismo-98, or a Pismo-98 Related Entity(as defined in Amendment Number 1), shall have the right to use 40 acre-feet of the Additional Acre Feet in connection with the Preserve Property (hereinafter referred to as"Remairiing Additional Acre Feet"). Any Remaining Additional Acre Feet not utilized in connection with the Preserve Property may be used by Pismo-98 or a Pismo-98 Related Eritity in connection with any other properiy which is either: 7)within the boundaries of the City; or 2)within the boundaries of the City's sphere of influence, provided it ia ultimately annexed to the City prior to use of the Remaining Additional Acre Feet. Pismo-9F3 shall also have the right to sell or assign its rights under this Agreement to an'unrelated thirci party as to the Remaining Additional Acre Feet not utilized in connection with the Preserve Pvoperty, subject to the provisions of Paragraphs 4 and 5 of Amendment Number 1.

2. PCH Water Fund:

Upon the earlier of September 15, 2011 or the closing of the assignment by Pismo-98 to Central Coast Development Company, Pismo-98 shall provide the City with a cash deposit or an irrevocable line of credit sufficient to cover one year's estimated debt service on the Remaining Additional Acre-Feet, and it shall maintain such level of deposit or credit until the ciebt service is fully paid. As of the date of this Amendment Number 2, the amount of one year's estimated II
d C't I T f n f n C f A!i/l I/M vP'l I
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debt service is$40,000. Should Pismo-98 fail to maintain such level of deposit or credit, upon request of City, Pismo-98 shall provide the City with a cash deposit or an irrevocsible lirie of credit sufficient to cover two years' estimated debt service on the Remaining Additional Acre- Feet.

3. Emer encv Water:

The City shall only be entitled to use any portion of the Remaining Additional Acre Feet not already being used by Pismo-98 or a Pismo-98 Related Entity, in the event of a water emergency(as defined in Amendment Number 1), in which case the City may purchase water pursuant to the terms of Paragraph 10 of the Agreement at the emergency basis water rate set forth in Amendment Number 1.

4. Continuation of Aqreement:

Except as set forth herein, all other terms and conditions of the Agreement, as amended by Amendment Number 1, shall remain in full force and effect. To the extent the terrns of this Amendment Number 2 conFlict with the terms of the Agreement, as amended by>mendment Number 1, the Terms of this Amendment Number 2 shall govern.

5. Effective Date:

This agreement shall be effective upon the date executed by all parties.

Dated: f 27 ( Pismo-98, LLC
Y v /
Brad ild , Manager
Dated:(IZo(! CityofPis oBeach
6a.

Shelly Hi inboth rv', Mayor
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SETTLEMENT AGREEN1ENT/AMENDMENT TO AGREEMENT FOR PRE-SALE OF

STATE WATER
This Agreement (the "AGREEMENT"), dated October 4, 2022, is entered into by and between Pacific Harbor Homes, LLC, Pacific Harbor Homes, Inc., and Central Coast Development Company ("CCDC") on the one hand, and the City of Pismo Beach (CITY) on the other hand, collectively the PARTIES. on the following terms and conditions:

RECITALS
A. On May 21, 1992 the CITY entered into an agreement with Pacific Coast Homes ("PC1-1")—the Agreement for Pre-Sale of State Water (the "PCH AGREEMENT"). Under the PCH AGREEMENT, the CITY among other things, (i) agreed to obtain an additional allocation of State of California Water Project water ("STATE WATER") in the amount of 140 acre-feet per year (the "ADDITIONAL ACRE-FEET ALLOCATION"), and (ii) granted to PCII an exclusive right to use the ADDITIONAL ACRE-FEET ALLOCATION on specific property subject to certain conditions.

13. Gragg Canyon Ranch, LLC ("GRAGG CANYON"), as successor to PCH. subsequently assigned all of its right, title. and interest under the PCH AGREEMENT to Pismo-

98. LLC. an Arizona limited liability company ("PISMO-98"). Concurrently with the CITY's consent to the assignment. the CITY, GRAGG CANYON, and PISMO-98 entered into Amendment Number I to the PCH AGREEMENT dated as of September 5. 2005, pursuant to which certain real property owned by PISMO-98 was substituted for the real property described in the original PCII AGREEMENT.

C. In 2011, Pismo-98 assigned its right, title, and interest in 100 acre-feet of the Additional Acre-Feet Allocation (the "100 ACRE-FEET ALLOCATION") to CCDC, CCDC agreed to assume PISMO-98's obligations regarding the payment of fixed and variable costs associated with the 100 ACRE-FEET ALLOCATION, and real property owned by CCDC was substituted for the PISMO-98 property. The PCH AGREEMENT, Amendment No. 1, and the agreements regarding the assignment and assumption of obligations related to the 100 ACRE- FEET ALLOCATION are referred to herein collectively as the "STATE WATER AGREEMENTS."
D. On November 24, 2015, the CITY filed a Complaint for 13reach of Contract and Declaratory Relief against Pacific Harbor Homes, LLC, Pacific Harbor Homes. Inc., and CCDC (collectively "DEFENDANTS") regarding payments the CITY alleged were due under the STATE WATER AGREEMENTS--City of Pismo Beach v. Pacific Harbor Hotnes, Inc.. et al. (San Luis Obispo County Case No. 15CV0627) (the "LAWSUIT"').

E. DEFENDANTS and the CITY now wish to settle their differences with respect to the LAWSUIT, and amend their obligations under the STATE WATER AGREEMENTS.

NOW, THEREFORE, in consideration of the foregoing recitals and the promises, mutual covenants and warranties set forth herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
2872-0006 \2723624v1.doc
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TERMS OF SETTLEMENT

1. Assignment of 80 Acre-Feet of the 100 ACRE-FEET ALLOCATION to CITY CCDC hereby transfers and assigns to CITY permanently and without cost. and the CITY hereby accepts. CCDC's interest in 80 acre-feet of the 100 ACRE-FEET ALLOCATION.

2. CCDC Retains Right to 20 Acre-Feet of the 100 ACRE-FEET ALLOCATION

2.1. The remaining 20 acre-feet of the 100 ACRE-FEET ALLOCATION shall remain a CCDC asset (the CCDC ALLOCATION"). However, until CCDC notifies CITY under paragraph 3.1 below that CCDC intends to use the CCDC ALLOCATION (if and when the CCDC development is approved by the County of San Luis Obispo, or another agency), CITY may use the CCDC ALLOCATION as it sees lit, without notice or payment to CCDC.

2.2. All costs and obligations associated with the CCDC ALLOCATION shall be borne by the CITY, until such date as CCDC notifies the CITY under paragraph 3.1 below that CCDC intends to use the CCDC ALLOCATION, or any portion thereof From that date forward, CCDC shall be obligated to pay both fixed and variable costs associated with the CCDC ALLOCATION. as contemplated in the STATE WATER AGREEMENTS.

2.3. If CCDC decides not to pursue development of its property. if another source of water is located, or for any other reason, CCDC may sell or transfer the CCDC ALLOCATION pursuant to the terms of the STATE WATER AGREEMENTS.

2.4. If CCDC does not, however, develop its property within fifteen (15) years of the date of this AGREEMENT, or fbr any reason fails to call for, sell, or transfer the CCDC ALLOCATION within that 15-year period, then all rights, title, and interest in the CCDC ALLOCATION shall automatically revert to CITY permanently, and at no charge to either party.

3. CCDC's Use of the CCDC ALLOCATION

3.1. lf and when CCDC wants access to the CCDC ALLOCATION for use on CCDC's property, it must notify the CITY, in writing, before October Ist of the preceding year.

The notice must be in writing and delivered to the CI'I'Y clerk, with copies to the CITY's City Attorney, City Manager, and Director of Public Works/City Engineer.

3.2. If and when CCDC notifies the CITY as described in paragraph 3.1. the CITY will make the CCDC ALLOCATION available to CCDC through use of the CITY's existing infrastructure, as allowable by law. The PARTIES recognize that approvals from the San Lois Obispo Local Agency Formation Commission ("LAFCO"), or other agencies. may be necessary to allow delivery of the CCDC ALLOCATION to CCDC or its transferee. Any applications to LAFC0, or any other agency, shall be the sole responsibility of CCDC and at the sole cost of CCDC. The CITY shall not object or oppose any application to allow delivery of the CCDC ALLOCATION that is consistent with this AGREEMENT.

33. The PARTIES also recognize that additional infrastructure may be required to allow for delivery of the CCDC ALLOCATION. Any additional infrastructure that is I 2R72-000&272.3624v I .cinc
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needed to facilitate delivery of the CCDC ALLOCATION will be the sole responsibility of CCDC. The CITY will not construct, nor be responsible tbr the constructing, any additional infrastructure for the sole benefit of CCDC, or its successor in interest.

4. WaiveriRelease
The CITY has alleged in the LAWSUIT that DEFENDANTS owe CITY past due amounts of fixed and variable costs of the 100 ACRE-FErf ALLOCATION. In response DEFENDANTS have alleged that the CITY used a portion of the 100 ACRE-FEET ALLOCATION without notice or payment to DEFENDANTS.

Effective as of the date of this AGREEMENT. the PARTIES waive any right to recover any amounts potentially owed to the other for costs associated with the 100 ACRE-FEET ALLOCATION through the date of this AGREEMENT. The PARTIES expressly waive any and all provisions, rights, and benefits conferred by Calitbmia Civil Code section 1542 or any law of any state or territory of' the United States, or principle of common law, which is similar. comparable. or equivalent to the provisions of California Civil Code section 1542, including that provision itself, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT. IF KNOWN BY HIM OR TIER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.

The PARTIES intend, in executing this AGREEMENT and doing the acts called for herein, that this AGREEMENT constitutes a full and final accord and satisfaction and settlement of and a bar to each and every item hereby released. In connection with such waiver, the PARTIES acknowledge that they are aware that they may hereafter discover facts different from or in addition to the facts they now know or believe to be true.

5. Dismissal With Prejudice
Within ten (10) court days of this AGREEMENT being fully executed by the PARTIES the CITY will request dismissal of the LAWSUIT, with prejudice.

6. Costs and Fees
Each party shall bear its own costs and attorneys' fees.

7. Representations and Warranties

7.1. This AGREEMENT contains the sole and entire agreement and understanding of the PARTIES with respect to the entire subject matter of this AGREEMENT. and any and all prior discussions, negotiations, commitments, or understandings related to this AGREEMENT, if any, are merged in this AGREEMENT. No representations, oral or otherwise, express or implied, other than those contained in this AGREEMENT, have been or shall be -3-
I 2872-0006.2723624% I .do:-
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deemed to have been made by any party. This AGREEMENT may not be amended, canceled, revoked or otherwise modified except by written agreement executed by all PARTIES.

7.2 The advice of legal counsel has been obtained by each of the PARTIES prior to the execution of this AGREEMENT. A responsible director, officer, board member or elected official of each party has read this AGREEMENT and understands the contents hereof. Each party represents that it is fully able to comply with the terms of the AGREEMENT and will he remain able to comply with said terms for the foreseeable future. Each director. officer. hoard member or elected official executing this agreement on behalf of such party is empowered to do so and to thereby bind said party. Each of the PARTIES hereby executed this AGREEMENT voluntarily.

7.3 The PARTIES represent and warrant that no part of any claim or cause of action which it had. has. or might have, arising out of, or in any way related to. the matters that are the subject of this AGREEMENT, has been assigned or transferred in any manner to any other person or entity not a party to this AGREEMENT.

Enforcement of Settlement
In any proceeding to enforce any rights and/or construe any obligations under this AGREEMENT, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs in connection therewith, including reasonable attorneys' fees and costs relating to any and all appeals or petitions taken with respect to any such action or proceeding.

9. Interpretation
The various headings of the par►graphs of this AGREEMENT have been inserted for convenience of reference only and shall not affect the meaning or interpretation of this AGREEMENT or any of its provisions.

The Court shall retain jurisdiction to enforce the terms of this AGREEMENT. pursuant to Code of Civil Procedure section 664.6. This AGREEMENT shall he interpreted and enforced in accordance with the laws of the State of California, provided that no provision of this AGREEMENT shall be interpreted for or against a party because that party or parties' legal representative drafted such provision, and that this AGREEMENT shall he construed as if jointly prepared by the parties.

10. Severability
If any part of this AGREEMENT is determined or adjudicated to be invalid. unenforceable. or void for any reason whatsoever. each such part shall be severed from the remaining parts, and shall not affect the validity or enforceability ol'such remaining parts.

I I. Counterparts
This AGREEMENT may be executed in one or more counterparts. each of which shall be deemed an original. A facsimile or electronic signature shall be deemed to be the equivalent of -4-
1287.1.000612723624v1.dm
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the actual signature. All counterparts so executed shall constitute one AGREEMENT bindinn all the parties hereto.

DATED: October . 2021 LAW OFFICE OF K.M. NEISWEN DER
By:

Kate Neiswendcr
Attorneys fir Defendants Pacific Harbor Homes, Inc.,
Pacific Harbor Homes, LLC, and Central Coast
Development Company
DATED: October 6-, 2022
DATED: October 10 2022
DATED: October (0, 2022
2812-UOUtr.2723424 v .dm:

Pacific
LLC,
By;
Inc., Pacific Harbor Homes,
ast Development Company
President of Pac ic Harbor Homes, Inc.. and Central
Coast Development Company
011,01)6Ii A PRAWN a 'PPM U.

RICHARDS WATSON & GERSHON
A Professional Corporation
By:

David ian
Attorneys for Plaintiff

CITY OF PISMO BEACH
CITY OF PI 0 BEACH
By:

CITY F S 0 BEACH
-5-
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the actual signature. All counterparts so executed shall constitute one AGREEMENT binding all the parties hereto.

DATED: October . 2022
DATED: October 6 - , 2(.122
DA'L'E 10D: October . 2022
DATED: October , 2022
28?.1-1:000 2 i23624r1.do:
1C' K.M. ENDER
Kate Neis er
Attorneys for I efendams Pacific Harbor Homes, Inc.,
Pacific Ilarbor homes, LLC, and Central Coast
Development Company
Pacific
LLC,
B
Inc., Pacific Harbor Homes,
oast Development Company
President of Pack Harbor Homes, Inc.. and Central
Coast Development Company " .

ITMANSLCA 4)42:1710\ f41 111
RicHARDs WATSON & CiERSHON
A Professional Corporation
13v:

DaVid 'els man
Attorneys for Plaintiff
CITY ()I: PISMO BEACH

CITY OF PISMO BEACII
I3v:

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

UPDATE ON JANUARY 9, 2023 AND JANUARY 12, 2017 EMERGENCY

PROCLAMATIONS
RECOMMENDATION:

No action recommended; for information only.

BACKGROUND:

Chapter 2.32 of the Pismo Beach Municipal Code empowers the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by an emergency and the City Council is not in session. An emergency exists when conditions are beyond the control of the services, personnel, equipment, facilities, and existing laws of this City. The declaration is an acknowledgement of the need for additional resources and expedited procedures to deal with the emergency. The Director of Emergency Services’ declaration is subject to City Council ratification within seven days.

As required by the Emergency Declarations ratified by Resolution R-2023-001 on January 11, 2023, relating to winter storm damage, and by Resolution R-2017-012 on January 17, 2017, relating to winter storm damage, the following status report is provided for information purposes.

January 11, 2023 Proclamation: Winter Storms
The City Council declared a state of emergency on January 11, 2023, via Resolution R- 2023-001, ratifying the Emergency Services Director’s proclamation of a local emergency in response to the January 2023 winter storms. On January 9, 2023, the County of San Luis Obispo declared an emergency which was followed by a declaration by Governor Newson for the region. On January 14, 2023 President Biden approved a major disaster declaration for the January storms, making federal disaster aid available. The storms, which began the first week of January, took a toll on the community, causing conditions of peril to the safety of persons and property due to flooding, bluff erosion, strong winds and other storm related damages.

Staff took immediate cleanup and protective measures of the sites where possible and has been working with FEMA through the California Governor's Office of Emergency Services (CalOES) for reimbursement for work and funds required to cleanup and secure the various sites. Staff attended a Recovery Scoping Meeting with FEMA on January 18, 2023. Sites that were submitted to FEMA/CalOES include:
Section of bluff on Ocean Boulevard north of Margo Dodd Park between Seaview Avenue and Palisade Avenue
Section of failed bluff at intersection of Palisade Avenue and Ocean Avenue Pier Avenue Storm Drain Outfall
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Pier Avenue Stairs
Eldwayen Park Point (area in park that includes telescope and public bench) Eldwayen Park North (section of park on north end adjacent to Ocean Boulevard Improvement Project)
Price Canyon Slope (section of recently completed slope repair) Harloe Street Bluff at end of street near sewer lift station Chapman Estate seacaves and existing seawalls
March 2023 Winter Storms
President Biden recently declared a disaster in California for the March 2023 storms. Staff is actively performing reconnaissance within city limits to observe damages incurred by these storms and working with CalOES/FEMA to provide initial damage inventory and estimates and determine if any further declarations will need to be made by the City to be eligible for funding. Sites that have recently been submitted include:
Bluff failure at Memory Park adjacent to recently completed St. Andrews seawall Bluff failure at Ebb Tide Park
January 12, 2017 Proclamation: Winter Storms
The Pismo Beach City Council declared a state of emergency on January 12, 2017, via Resolution R-2017-0121, in response to the January 2017 winter storms. Shortly after the Council’s declaration, the County of San Luis Obispo declared an emergency which was followed by a declaration by Governor Jerry Brown for the region. On February 14, 2020 and March 16, 2020 President Donald Trump declared a major disaster for the early and late January storms, making federal disaster aid available. The storms, which began the first week of January, took a toll on the community, culminating with a Caltrans storm drain failure on Highway 101, which caused flooding of two hotels on Price Street, blockage of the City’s Franklin storm drain outfall and debris scattered along Highway 101, Price Street and sidewalk, on Franklin Drive and various private parcels on January 20, 2017. Damage from the storms includes but is not limited to the following:
Bluff failure on Ocean Boulevard (Caltrans purview)
Bluff failure at Memory Park (FEMA purview)
Franklin Avenue storm drain failure (FEMA purview)
City Hall storm damage (FEMA purview)
Bluff failure at Ebb Tide Park (FEMA purview)
Bluff failure at Cypress Street at Harloe Avenue (FEMA purview) Storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort (FEMA purview)
Storm drain failure on Cliff Avenue at Ocean Boulevard (adjacent to Dinosaur Caves Park) (Caltrans Purview)
Storm drain failure at the end of Harbor View Avenue (FEMA purview) Slope/road failure on Price Canyon Road (Caltrans purview) 1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=107586&dbid=0&repo=Laserfiche Council Agenda 4-4-2023 9.F-2
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Summary of Current Events
The storm drain failure at Cliff Avenue and Ocean Boulevard required a Phase II Environmental Study per Caltrans Local Assistance (LA) and the City’s environmental subconsultant. The Phase II Environmental Study fieldwork is complete and National Environmental Policy Act (NEPA) clearance has been provided. Caltrans LA has granted approval of a time extension and the authorization for the Right of Way (RW) phase of this project was approved on December 13, 2022. Staff has started working with Caltrans LA and the City’s design consultant, ENGEO on preparation of documents for RW authorization. RW impacts will likely include easement acquisition for installation of lateral reinforcement under adjacent private property and relocation of a PG&E utility pole.

Contracts were awarded by Council on December 21, 2021 to Granite Construction, Inc. and Cannon Associates for construction and construction management services for the Ocean Boulevard Improvement Project, respectively. Construction is ongoing and the project is anticipated to be complete in early Summer 2023.

A contract was awarded by Council on January 17, 2023 to American Enviro Services, Inc. for construction of the repair of the storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort. Construction is set to begin April 17, 2023 and be completed by May 26, 2023.

FISCAL IMPACT:

There is no direct fiscal impact from this report.

January 2023 Winter Storms
The cost of damage from the January 2023 storms is estimated to be about $26 million.

January 2017 Winter Storms
The cost of damage from the January 2017 storms is approximately $12 million.

ALTERNATIVES:

None, for information only.

ATTACHMENTS:

None.

Prepared by: Meeting Date: April 4, 2023
Chad Stoehr, P.E., Engineer
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 4-4-2023 9.F-3
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.G

SUBJECT/TITLE:

PURCHASE OF 2023 LOAD AND PACK PUBLIC WORKS VEHICLE FROM BROYHILL INC.

RECOMMENDATION:

Adopt a Resolution authorizing the purchase of one replacement 2023 Load and Pack Vehicle from Broyhill Inc. in the amount of $261,239 in Fiscal Year 2023.

BACKGROUND:

The Fiscal Year (FY) 2023 Motor Vehicle Replacement Fund budget includes $265,000 for a Broyhill 2023 Load and Pack with Self-Dumping Box replacement for the Public Works “Load and Pack” vehicle, PWLP2014.

The Load and Pack is an essential piece of equipment needed for the Public Works Department to keep the city and beach clean. A full 55-gallon trash bag can weigh up to 65 pounds. Emptying trash cans for eight hours a day can put a strain on the body and lead to employee injuries and workers compensation claims. To ease the burden on staff, limit workplace injuries, and make the task of picking up trash more efficient, the City invested in its last Load and Pack in 2014. Due to ongoing maximized use and exposure to sand and saltwater, the Load and Pack has sustained severe rust and increasing mechanical errors when operating. Recent repairs have become more serious and costly.

The lifespan of this vehicle as notated on the Motor Vehicle Replacement Schedule is 7 years, indicating that the current Load and Pack has reached its full lifespan.

Staff contacted Broyhill, the only manufacturer of this specific type of four-wheel drive trash collection system, to inquire about leasing or refurbished options. Broyhill does not provide leasing and does not currently have any refurbished options available; therefore, a new vehicle is the only viable option identified.

The 2023 Load and Pack is made with improved safety features including four video cameras, 12-volt cab power, cab fan, and in-cab air ride control. The Tier 4 Final engine meets all requirements per the Air Quality Control Board. Additionally, the chassis frame and articulation units are hot-dipped galvanized to minimize corrosion from salt and sand, expanding the lifespan of the machine. The Load and Pack is a build-to-order piece of equipment and if approved, Broyhill has quoted between 60–120 days to build the machine and 1–2 weeks for shipping, therefore initiating the order process now will help the City obtain the replacement vehicle as soon as possible.

Conclusion and Recommendation
In order to initiate the build-to-order process for this critical Public Works maintenance equipment, staff recommends Council adopt a Resolution (Attachment 1) authorizing the purchase of a replacement 2023 Load and Pack with Self-Dumping Box in the amount of $261,239.

9.G-1Council Agenda 4-4-2023
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FISCAL IMPACT:

The FY 2023 Motor Vehicle Replacement Fund budget includes $265,000 to replace the current load and pack PWLP2014.

FY 2023 Budget $265,000
2023 Load and Pack $242,449
California Use Tax $18,790
Total $261,239
Remaining Budget $3,761
The remaining funds will be used to purchase safety lights, a radio system, and additional equipment as needed.

ALTERNATIVES:

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

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Broyhill Quote
Prepared by: Meeting Date: April 4, 2023
Leah Moss, Administrative Secretary
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

9.G-2Council Agenda 4-4-2023
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RESOLUTION NO. R-2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE PURCHASE OF ONE REPLACEMENT 2023 LOAD AND PACK VEHICLE FROM BROYHILL INC. IN THE AMOUNT OF $261,239 IN FISCAL YEAR 2023
WHEREAS, the Fiscal Year (FY) 2023 Motor Vehicle Replacement Fund budget includes $265,000 for a Broyhill 2023 Load and Pack with Self-Dumping Box replacement for the Public Works Load and Pack vehicle, PWLP2014; and
WHEREAS, the Load and Pack is an essential piece of equipment needed for the Public Works Department to keep the city and beach clean; and
WHEREAS, Broyhill is the only manufacturer of this specific type of four-wheel drive trash collection system, and does not provide leasing and does not currently have any refurbished options available; and
WHEREAS, the Load and Pack is a build-to-order piece of equipment and Broyhill has quoted between 60-120 days to build the machine plus 1-2 weeks for shipping.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the purchase of one replacement 2023 Load and Pack with Self- Dumping Box from Broyhill, Inc. in the amount of $261,239 in Fiscal Year 2023 (quote provided 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 4th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

9.G-3Council Agenda 4-4-2023
Attachment 1
Packet Page 88

City of Pismo Beach Daniel Johnson, Fleet Services 03-01-2023550 Frady Lane Pismo Beach CA 93449 Quote for ’23 Load and Pack w/ Self-Dumping Box
1 New ’23 Load and Pack $218,990.00 w/ 1 Self-Dumping box (mounted with cab controls) 17,680.00 Hot Dipped Galvanized Chassis Frame & Articulation 1,999.00 Frt. to Pismo Beach CA 3,780.00 Total $ 242,449.00 Important Please Read Important Delivery could be up to 120+ Days after receipt of order. Price reflects Diesel Tier 4 Final EPA Mandates. Load and Pack instruction for the drivers and the mechanics will be held at the time of delivery, only. Late supply chain pricing has not been passed on to the buyer. Improvements include: new 74 hp Deutz diesel performance – Tier 4 Final engine, 4 video cameras, 12-volt cab accessory power, cab fan, In cab air ride control and more. Chassis frame and articulation units are hot dipped galvanized to minimize corrosion from salt and sand. Hot Dip chassis and articulation joint cost. All State taxes and fees must be paid directly to the State of California. By accepting this quote your accounts payable dept. agrees to our payment terms of 15 days (small business) from delivery. Please pass this on to your Acct’g Dept. If your freight is less a credit will be placed on our account. Thank you for being a great customer of Broyhill – we continually value input and suggestions from our great customers. Thank you! Craig

9.G-4Council Agenda 4-4-2023
Attachment 1A
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #11.A
SUBJECT/TITLE:

PUBLIC HEARING TO RECEIVE COMMUNITY REQUESTS AND
RECOMMENDATIONS ON THE COUNTY OF SAN LUIS OBISPO 2023 ACTION PLAN,

INCLUDING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
RECOMMENDATION:

Adopt a Resolution making final recommendations to the County of San Luis Obispo for the 2023 Action Plan for Community Development Block Grant funding.

BACKGROUND:

The purpose of this public hearing is for the Council to provide the public with an opportunity to comment on the Urban County of San Luis Obispo 2021-2023 Consolidated Plan (Plan) that includes the 2023 Action Plan for Community Development Block Grant (CDBG) funding. The draft Plan may be downloaded from the County Planning and Building Department’s website at www.slocounty.ca.gov/planning .

To comply with federal Department of Housing and Urban Development (HUD) requirements, the County prepares the Plan, which identifies funding policies and objectives for the annual allocations of HUD grant programs, including the CDBG program.

On December 6, 2022, the City Council adopted Resolution R-2021-105, making its draft recommendation to the Board of Supervisors for the use of the City’s 2023 CDBG funds, estimated at $51,083. These funds include $4,334 for County administrative costs, for a net amount available estimated to be $46,749 (including the City’s administrative costs of $2,278). This number must be considered an estimate because HUD has not released the final 2023 allocation amounts. The County will make the appropriate adjustments once the final amount is received. The Council’s recommendation consisted of $5,191 being allocated to the 5 Cities Homeless Coalition (5CHC) for the Homeless Prevention, Rapid Re-Housing, and Subsistence Payments program and $41,559 to the Community Action Partnership of San Luis Obispo County (CAPSLO) for the Minor Home Repair program.

More information regarding each of the programs proposed for funding can be reviewed in the December 6, 2022 staff report, available from the Access Pismo public records portal at www.pismobeach.org/accesspismo.1
Conclusion and Recommendation
In accordance with the City’s commitment to participating in the Urban Counties Program, staff recommends that the City Council hold a public hearing to give the community the 1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=455353&dbid=0&repo=Laserfiche

11.A-1Council Agenda 4-4-2023
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opportunity to speak on the Plan and the 2023 Action Plan and then adopt a Resolution (Attachment 1) confirming its final recommendation for use of the funds.

FISCAL IMPACT:

The total estimated amount of CDBG funding is $51,083 and includes $4,334 for County administrative costs and $2,278 for City administrative costs. However, at its December 6, 2022, meeting, the City Council allocated the City’s administrative cost amount to CAPSLO for the Minor Home Repair program since it determined that there would be no City costs to administer the specified programs beyond staff report preparation. The County receives and allocates the funding so there is no direct fiscal impact to the City.

ALTERNATIVES:

1. Revise staff’s recommended funding amounts, then adopt the Resolution.

ATTACHMENTS:

1. Resolution
Prepared by: Meeting Date: April 4, 2023
Brian Schwartz, Contract Planner
Submitted by: Matthew Downing, Community Development Director City Manager Approval:

11.A-2Council Agenda 4-4-2023
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RESOLUTION NO. R-2023-XXX

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

CALIFORNIA MAKING FINAL RECOMMENDATIONS TO THE COUNTY OF SAN LUIS OBISPO FOR THE 2023 ACTION PLAN FOR COMMUNITY DEVELOPMENT

BLOCK GRANT FUNDING
WHEREAS, on July 7, 2020, the City of Pismo Beach entered into a Cooperative Agreement with San Luis Obispo County to implement the Housing and Community Development Act of 1974 federal legislation relating to housing and community development activities administered by the Department of Housing and Urban Development; and
WHEREAS, on December 6, 2022, the City Council held a duly-noticed public hearing considered testimony for the allocation of Community Development Block Grant (CDBG) Funds for inclusion in the San Luis Obispo County Draft 2023 Action Plan, adopted Resolution R-2022-105 making its draft recommendations, and forwarded those draft recommendations to the County Board of Supervisors; and WHEREAS, on April 4, 2023, the City Council of the City of Pismo Beach in a duly-noticed public hearing considered testimony for the allocation of Community Development Block Grant Funds for inclusion in the San Luis Obispo County Draft 2023 Action Plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby recommends the County of San Luis Obispo include the following programs for funding in the 2023 Action Plan:

1.5 Cities Homeless Coalition Subsistence Payments Program: $5,191

2.Community Action Partnership San Luis Obispo: $41,559 BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to forward the above recommendations to the County of San Luis Obispo.

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 4th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

11.A-3Council Agenda 4-4-2023
Attachment 1
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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

11.A-4Council Agenda 4-4-2023
Attachment 1
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A
SUBJECT/TITLE:

POLICE DEPARTMENT UPDATE
RECOMMENDATION:

Receive Police Department Update.

BACKGROUND:

The City Council will have the opportunity to review information regarding crime trends/statistics, staffing, dispatch, parking, community service technician position, current projects and community involvement. The City Council will be briefed on the accomplishments and challenges the department faced during the 2022 calendar year.

Semi-Annual Department Update
From January 2022 through December 2022, the Police Department noted a 10% decrease in overall workload compared to 2021. Of the reportable incidents, the Police Department saw a 1% decrease in Part 1 crimes and a 19% decrease in Part 2 reportable FBI crime offenses. There are several factors that may have contributed to this reduction in reportable incidents. These factors may include the reduction in hotel occupancy and visitors to the city, staffing vacancies, and workload trending back to pre-Covid numbers.

One of the challenges the Police Department encountered in 2022 was the number of officer vacancies due to long-term injuries and open positions. This is not unique to the Pismo Beach Police Department, as agencies across California and the nation are struggling with high turnover rates, an increase in the number of officers out on medical leave, and the hiring of qualified police candidates. The Police Department is working on addressing these challenges with the development of two new programs. To assist with officer and staff wellness, the Police Department is in the process of developing a Peer Support Program. This program will provide special training to officers and staff to help address some of the common challenges faced within the profession. The state recognizes the challenges faced related to officer wellness and has allocated $50,000,000 to be distributed to all law enforcement agencies to help in this area.

Additionally, the City has developed a recruitment team that is working on strategies to bring qualified staff to the City of Pismo Beach.

FISCAL IMPACT:

There is no direct fiscal impact from this report.

ALTERNATIVES:

1. Receive briefing and ask questions to staff.

2. Receive briefing and direct staff for items to be presented at next briefing.

Council Agenda 4-4-2023 12.A-1
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ATTACHMENTS:

None.

Submitted by: Jeff Smith, Chief of Police Meeting Date: April 4, 2023 City Manager Approval:

Council Agenda 4-4-2023 12.A-2
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B
SUBJECT/TITLE:

MISCELLANEOUS BUDGET ADJUSTMENTS FOR FISCAL YEAR 2023
RECOMMENDATION:

Adopt a Resolution approving and appropriating miscellaneous budget adjustments for Fiscal Year 2023.

EXECUTIVE SUMMARY:

The City of Pismo Beach operates on a two-year budget cycle, which allows for long-term planning, coordination of multi-year capital projects, and efficiency of staff time as budget preparation only occurs every other year. To maintain accuracy of the budget and update the City’s financial plan, it is important to review and revise it periodically to ensure the budget reflects current revenues received and operating costs and trends. Due to the development of the upcoming two-year budget, staff recommends reviewing various projects that are completed or may be closed out to free up funds for projects proposed in the next two-year budget. The purpose of this agenda item is to provide an opportunity for the City Council to review, approve, and/or make changes to staff’s recommended miscellaneous budget adjustments for Fiscal Year (FY) 2023, via adoption of a Resolution provided as Attachment 1.

The FY 2023 proposed miscellaneous budget adjustments reflect: legal costs, adjustments for projected actual costs, accounting adjustments, additional grant funds, and project de-appropriations. The net fiscal impact of approving all these changes across all funds is net expenditure savings of $391,470 in FY 2023. Note that the City’s General Fund general contingency budget still has a balance of $713,089. This miscellaneous budget adjust assumes that $679,814 will be allocated to offset some of the proposed General Fund costs, leaving a balance of $33,275 for the remainder of FY 2023 for unanticipated costs. The following table illustrates the net fiscal impact for each category and fiscal year, where negative amounts reflect additional costs or reduced revenues, and positive amounts reflect reduced costs or additional revenues.

Table 1: Proposed Mid-Year Budget Adjustments Fiscal Impact by Category

Category
FY 2023 Proposed
Budget Adjustment
Fiscal Impact
Legal Costs (961,060)$
Adjust for Projected Actual costs (117,500)
Accounting Adjustment (26,699)
Additional Grant Funds -
Project De-appropriation 1,496,729
Total Fiscal Impact 391,470$
Council Agenda 4-4-2023 12.B-1
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The following sections describe the components of each category.

Legal Costs
The following proposed budget adjustments reflect the additional legal costs compared to the budget. The most significant legal costs include the V. Lopez Jr. and Sons case and the payment of the Pismo Beach Self-Storage (PBSS) judgment regarding development impact fees. For the PBSS matter, staff is seeking recovery of the development impact fees in accordance with the City’s development impact fees. The total of these legal costs over budget is $1,374,305. Staff proposes de-appropriating $413,245 from the General Fund general contingency budget to offset the General Fund impact of these costs. As such, the net fiscal impact is an additional one-time cost of $961,060 across all funds. The following table illustrates the proposed budget adjustments by fund.

Table 2: Proposed Budget Adjustments for Legal Costs
Adjustments for Projected Actual Costs
The following proposed budget adjustments reflect various adjustments to align the budget to reflect projected actual expenditures. The total fiscal impact is an additional cost of $287,069 across all funds, including transfers between funds. Staff recommends that Council de-appropriate $219,659 from the General Fund general contingency budget to support the General Fund portion of these items. As such, the net fiscal impact across all funds is a net additional cost of $67,500, including transfers between funds. The following table illustrates the net fiscal impact of the proposed changes by fund, followed by a brief description of the most significant items.

Description Fund
One-
time/
Ongoing
FY 2023
Proposed
Budget
Adjustment
Adjust budget to reflect projected actual spending General Fund One-time 150,000$ De-appropriate General Fund Contingency to
support General Fund legal costs
General Fund One-time (413,245)
Pismo Beach Self-Storage Judgment Payment General Fund One-time 263,245 Pismo Beach Self-Storage Judgment Payment Circulation Fees One-time 266,795 Pismo Beach Self-Storage Judgment Payment Water Expansion Fund
One-time 474,577
Pismo Beach Self-Storage Judgment Payment Wastewater
Expansion
One-time 219,688
Total 961,060$
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Table 3: Proposed Budget Adjustments for Projected Actual Costs New Visitor Information Center: City staff are proposing to use a newly-vacated suite on the City Hall property and transform it to the City’s new Visitor Information Center and offices for the Tourism and Events Department. The former Visitor Information Center was located at 585 Dolliver Street. However, the Police Department Parking Description Fund
One-time/
Ongoing
FY 2023
Proposed
Budget
Adjustment
Expenditures
2012 Wastewater Bonds Continuing Disclosure
$1,900
Wastewater Treatment Fund Ongoing 1,900$
2017 Pier Bonds Arbitrage calcs $2,500,
Continuing Disclosure $1,900
General Fund Ongoing 4,400
Accounting and Analyst support General Fund One-time 24,000 Add funds to reflect Citizen Serve cost increase Technology Service Fund Ongoing 20,100 Adjust budget between accounts General Fund Ongoing -
Align budget to projected actual spending General Fund One-time (2,125) Align budget to projected actual spending Water Enterprise Fund One-time 11,000 Align budget to projected actual spending Wastewater Treatment Fund One-time 11,000 Align budget to projected actual spending Parking Enterprise Fund One-time 500 Annual Security Camera maintenance costs Technology Service Fund Ongoing 27,000 Building security costs Capital Projects One-time 30,000 De-appropriate General Fund Contingency to
support General Fund additional projected actual
costs
General Fund One-time (266,569)
Fire PERS Unfunded Accrued Liability payment General Fund One-time 7,600 Gas Boy EKOS Software licensing agreement Motor Vehicle Fund Ongoing 7,300 Increased costs of Biosolids treatment and
disposal
Wastewater Treatment Fund Ongoing 50,000
Merchant Transaction Fees for Junior Lifeguard
program
General Fund Ongoing 800
Mosquito Abatement Services General Fund One-time 7,000 New Visitor Information Center General Fund One-time 60,000 New Visitor Information Center Lodging Business
Improvement
One-time 20,000
Pay Price House electrical. Catch up payment
since 2017 per FOPH license agreement
General Fund One-time 9,863
Price House electrical costs General Fund Ongoing 2,600 Professional services during Planning Manager
vacancy
General Fund One-time 30,000
Public Records Clerk part-time budget General Fund Ongoing 34,131 Remove excess budget for Pier Water/Sewer Pier Enterprise Fund One-time (27,000) Replace City Hall doors for keyless entry access Capital Projects One-time 50,000 Required Annual Water Use Report (AWUR) and
the Annual Water Supply & Demand Assessment
(AWSDA)
Water Enterprise Fund One-time 30,000
Salary savings from Planning Manager vacancy General Fund One-time (30,000) Single Audit for FY 2021 General Fund One-time 4,000
Total 117,500$
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Division has taken over that spot as parking needs expanded. The City is currently operating a limited Visitor Information Center (VIC) out of the Visitor Information Kiosk Airstream on the Pier. As this location does not allow for year-round service, has no storage capabilities, and does not provide adequate office space for the VIC staff, the Tourism & Events Department Conference and Visitors Bureau (CVB) Division staff would move from their current location to the newly-vacated suite on the City Hall property and support the VIC. Staff estimates an immediate $80,000 for IT costs, electrical costs, furniture, moving expenses, minor remodeling, and outdoor signage advertising the new VIC. Staff recommends appropriating $60,000 from the General Fund and $20,000 from the Lodging Business Improvement District Fund to support this cost. This move will also free up needed space in City Hall to support the Police Department relocation.
Increased Biosolids treatment and disposal costs: The Wastewater Enterprise Fund includes a budget for biosolids treatment and disposal costs. The City contracts this service out based on a per gallon cost. Due to additional volume of wastewater and the increased per gallon cost, the budget needs an additional $50,000 to support this cost for the rest of FY 2023. Staff recommends appropriating $50,000 in the Wastewater Enterprise Fund to support this cost.

Accounting Adjustments
The following proposed budget adjustments reflect accounting adjustments for FY 2023.

These include adjustments moving budget to the correct account or fund, removing an unbalanced transfer, and other various adjustments between accounts. The total amount of accounting adjustments is a net additional cost of $26,699, primarily reflecting the removal of a transfer in the capital projects fund of $27,179. The following table illustrates the net fiscal impact of the proposed changes by fund, followed by a brief description of the most significant items. Details are included in Exhibit A (Attachment 1.A) of the attached Resolution (Attachment 1).

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Table 4: Proposed Budget Adjustments for Accounting Adjustments

 Correction to transfer in from Circulation Fee Fund and Half-Cent Sales Tax Fund:

The City’s Signalize Bello/Price Canyon Road project budget in the Capital Projects Fund is supported by a transfer of funds from the Half-Cent Sales Tax Fund of $389,000 and a transfer of $211,000 from the Circulation Fee Fund. Although the transfers out from the Half-Cent Sales Tax and Circulation Fee Funds are correct, the transfers into the Capital Project Fund are reversed, showing the lower amount from the Half-Cent Sales Tax Fund and the higher amount from the Circulation Fee Fund.

There is no net fiscal impact to any funds based on this accounting adjustment. Staff recommends correcting the transfers into the Capital Projects Fund by reducing the transfer in from the Circulation Fee Fund by $178,000 and increasing the transfer in from the Half-Cent Sales Tax Fund by $178,000.

 Move Capital project to Capital Fund from 6101 to 6103: The Charles Street Reservoir project of $1,803,500 is currently budgeted in the Water Enterprise Fund operating fund (Fund 6101). However, it should be budgeted in the Water Construction Fund (Fund 6103) for Water capital projects. There is no net fiscal impact for this accounting adjustment. Staff recommends moving this project to the correct account, including appropriating any transfers between funds to correctly account for the capital project.

Description Fund
One-
time/
Ongoing
FY 2023 Proposed
Budget
Adjustment
Revenues
Correction to transfer in from Circulation Fee Fund Capital Projects One-time (178,000)$ Correction to transfer in from Half-Cent Sales Tax
Fund
Capital Projects One-time 178,000
Move Capital project to Capital Fund from 6101 to
6103
Water Construction Fund One-time 1,803,500
Move LBID funds for Spyglass sidewalk to Paving
project
Capital Projects One-time -
Remove unbalanced transfer Capital Projects One-time (27,179) Subtotal Revenues 1,776,321$
Expenditures
Adjust budget between accounts General Fund Ongoing -$
Adjust budget between accounts Pier Enterprise Fund One-time - Move Capital project to Capital Fund from 6101 to
6103
Water Enterprise Fund One-time -
Move Capital project to Capital Fund from 6101 to
6103 Water Construction Fund One-time 1,803,500
Move LBID funds for Spyglass sidewalk to Paving
project Lodging Business Improvement One-time -
Move LBID funds for Spyglass sidewalk to Paving
project Capital Projects One-time -
Remove unbalanced transfer Water Enterprise Fund One-time (480) Subtotal Expenditures 1,803,020$
Net Revenues less Expenditures (26,699)$
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Additional Grant Funding
The following proposed budget adjustments reflect additional grant funding for the Bello Bridge and a State of California Wellness and Mental Health grant for the Police Department. The Bello Bridge grant of $103,059 represents an additional grant award and related expenditures that are already expended for the completed project as the City seeks full reimbursement for this project. The Police grant amount is $20,000 and will support training and equipment costs to support wellness and mental health for the City’s Police staff. The net fiscal impact of these changes is $0 across all funds.

Table 5: Proposed Budget Adjustments for Additional Grant Funding Project De-Appropriations
The following proposed budget adjustments reflect projects that are completed, cancelled, or delayed. De-appropriating these projects will free up budgeted funds for other purposes. The net fiscal impact of these project de-appropriations is net expenditure savings of $1,526,729. The following table illustrates the net fiscal impact of the proposed changes by project, fund, and amount.

Description Fund
One-
time/
Ongoing
FY 2023
Proposed
Budget
Adjustment
Revenues
Bello Bridge grant funds awarded Capital Projects One-time 252,000$ State of California Grant for Wellness and mental
health for training and equipment
General Fund One-time 20,000
Subtotal Revenues 272,000$
Expenditures
Bello Bridge grant funds - retroactive change
orders during construction (fully reimbursed with
grant revenues)
Capital Projects One-time 252,000$
State of California Grant for Wellness and mental
health for training and equipment
General Fund One-time 20,000
Subtotal Expenditures 272,000$
Net Revenues less Expenditures -$
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Table 6: Proposed Budget Adjustments for Project De-Appropriations Description Fund
FY 2023 Proposed
Budget Adjustment
Revenues
Airstreams for Pier Pier Enterprise Fund $ (4,759) Ferrous Tank Replacement Wastewater Capital Projects (2,828) Harloe Bluff Stabilize Lift St Wastewater Capital Projects (1,000,000) Network Switch Replacement Technology Service Fund (5,437) Ontario Ridge A/C install Technology Service Fund (6,800) Pacific Estates Resv. Mainten. Water Construction Fund (859,300) Price Canyon Road Capital Projects (127,397)
Price Canyon Slope Repair Capital Projects (35,412) Rehab Shell Beach Tennis Court Capital Projects (1,500) Shell Beach Reserv 1 Replace. Water Construction Fund (285,672) SSARP Cal Trans Grant Capital Projects (23,066)
Storm Drain Project 20.21 Capital Projects (12,296) Wadsworth Underpass lighting Capital Projects (100,000) WWTP Improvements Wastewater Capital Projects 2,828 Subtotal Revenues (2,461,639)$
Expenditures
Airstreams for Pier General Fund (4,759)
Airstreams for Pier Pier Enterprise Fund (4,759)
Body Camera Replacement General Fund (1,618)
Chapman Bluff Protection General Fund (27)
City Hall Wi-Fi improvement Technology Service Fund (599) Corp Yard Lighting/Gate General Fund (3,338)
Dino Caves Restroom Capital Projects (2,992)
Dynamic Signs Circulation Fees (90,000)
Ferrous Tank Replacement Wastewater Treatment Fund (2,828) Ferrous Tank Replacement Wastewater Capital Projects (2,828) Harloe Bluff Stabilize Lift St Wastewater Treatment Fund (135,000) Harloe Bluff Stabilize Lift St Wastewater Capital Projects (1,000,000) Network Switch Replacement General Fund (5,437)
Network Switch Replacement Technology Service Fund (471) Ontario Ridge A/C install General Fund (5,143)
Ontario Ridge A/C install Water Enterprise Fund (422)
Ontario Ridge A/C install Wastewater Treatment Fund (641) Ontario Ridge A/C install Parking Enterprise Fund (594) Ontario Ridge A/C install Technology Service Fund (7,500) Pacific Estates Resv. Mainten. Water Enterprise Fund (859,300) Pacific Estates Resv. Mainten. Water Construction Fund (859,300) Pismo Creek Sewer Spill FY22 Wastewater Treatment Fund 2,031 PR Marketing Project General Fund (3,850)
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Conclusion and Recommendation
Staff recommends that Council adopt a Resolution (Attachment 1) approving and appropriating miscellaneous budget adjustments for FY 2023.

FISCAL IMPACT:

The net fiscal impact of approving the attached Resolution (Attachments 1) across all funds is net additional costs of $391,470.04 in FY 2023. All funds have sufficient fund balance to support the one-time costs and net operating surpluses sufficient to support the ongoing costs. The following table illustrates the proposed revenue and expenditure budget adjustments by fund.

Description Fund
FY 2023 Proposed
Budget Adjustment
Price Canyon Road General Fund (87,584)
Price Canyon Road Capital Projects (43,001)
Price Canyon Slope Repair Capital Projects 34,266
Rehab Shell Beach Tennis Court General Fund (1,500)
Rehab Shell Beach Tennis Court Capital Projects (1,500) Secure Communication Radio Technology Service Fund (1,323) Shell Beach Rd Mattie Rd Study General Fund (50,000)
Shell Beach Reserv 1 Replace. Water Enterprise Fund (285,672) Shell Beach Reserv 1 Replace. Water Construction Fund (285,672) SSARP Cal Trans Grant Capital Projects (28,069)
Storm Drain Project 20.21 Half Cent Sales Tax Fund (12,296) Storm Drain Project 20.21 Capital Projects (12,296)
Wadsworth Underpass lighting General Fund (100,000)
Wadsworth Underpass lighting Capital Projects (100,000) Water & WW Fee Update Water Enterprise Fund (2,682)
Water & WW Fee Update Wastewater Treatment Fund (2,682) Water WW Rate Study Water Enterprise Fund 2,682
Water WW Rate Study Wastewater Treatment Fund 2,682
WWTP Improvements Wastewater Treatment Fund 2,828
WWTP Improvements Wastewater Capital Projects 2,828
Subtotal Revenues (3,958,368)$
Net Revenues less Expenditures 1,496,729$
Council Agenda 4-4-2023 12.B-8
Packet Page 103

Table 8: Proposed Miscellaneous Budget Adjustments

Fund Type
FY 2023 Proposed
Budget Adjustment
General Fund Rev 20,000.00$
General Fund Exp (243,256.37)
Subtotal General Fund Net 263,256.37
Half Cent Sales Tax Fund Exp (12,296.44)
Subtotal Half Cent Sales Tax Fund Net 12,296.44
Lodging Business Improv District (LBID) Fund Exp 20,000.00 Subtotal LBID Fund Net (20,000.00)
Capital Projects Rev 5,150.69
Capital Projects Exp 178,407.47
Subtotal Capital Projects Net (173,256.78)
Circulation Fees Exp 176,795.00
Subtotal Circulation Fees Net (176,795.00)
Water Enterprise Fund Exp (1,104,873.90)
Subtotal Water Enterprise Fund Net 1,104,873.90
Water Construction Fund Rev 658,528.10
Water Construction Fund Exp 658,528.10
Subtotal Water Construction Fund Net -
Water Expansion Fund Exp 474,577.12
Subtotal Water Expansion Fund Net (474,577.12)
Wastewater Treatment Fund Exp (70,710.30)
Subtotal Wastewater Treatment Fund Net 70,710.30
Wastewater Capital Projects Rev (1,000,000.00)
Wastewater Capital Projects Exp (1,000,000.00)
Subtotal Wastewater Capital Projects Net -
Wastewater Expansion Exp 219,687.71
Subtotal Wastewater Expansion Net (219,687.71)
Pier Enterprise Fund Rev (4,759.41)
Pier Enterprise Fund Exp (31,759.41)
Subtotal Pier Enterprise Fund Net 27,000.00
Parking Enterprise Fund Exp (94.00)
Subtotal Parking Enterprise Fund Net 94.00
Technology Service Fund Rev 14,762.84
Technology Service Fund Exp 37,207.20
Subtotal Technology Service Fund Total Net (22,444.36)
Motor Vehicle Fund Rev 7,300.00
Motor Vehicle Fund Exp 7,300.00
Subtotal Motor Vehicle Fund Net -
Total All Funds 391,470.04$
Council Agenda 4-4-2023 12.B-9
Packet Page 104

ALTERNATIVES:

1. Approve some of the proposed miscellaneous budget adjustments.

2. Do not approve the proposed miscellaneous budget adjustments; provide alternative direction to staff.

ATTACHMENTS:

1. Resolution for Miscellaneous Budget Adjustments

1.A. Exhibit A to Resolution: Summary of Budget Adjustments by Fund and Fiscal Year for FY 2023
Submitted by: Meeting Date: April 4, 2023
Nadia Feeser, Administrative Services Director
City Manager Approval:

Council Agenda 4-4-2023 12.B-10
Packet Page 105

RESOLUTION NO. R-2023-XXX

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

CALIFORNIA APPROVING AND APPROPRIATING MISCELLANEOUS BUDGET ADJUSTMENTS FOR FISCAL YEAR 2023
WHEREAS, the City of Pismo Beach operates on a two-year budget cycle, which allows for long-term planning, coordination of multi-year capital projects, and efficiency of staff time as budget preparation only occurs every other year; and WHEREAS, in order to maintain accuracy of the budget and update the City’s financial plan, it is important to review and revise it periodically to ensure the budget reflects current revenues received and operating costs and trends; and
WHEREAS, due to the development of the two-year budget, staff recommends reviewing various projects that are completed or may be closed out to free up funds for projects proposed in the next two-year budget; and
WHEREAS, City staff proposes miscellaneous budget adjustments to reflect updated projections and estimates to the FY 2023 budget; and
WHEREAS, the FY 2023 proposed budget adjustments reflect legal costs, adjustments for projected actual costs, accounting adjustments, additional grant funds, and project de- appropriations; and
WHEREAS, the net fiscal impact of approving all these changes across all funds is net additional costs of $391,470.04 in FY 2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby appropriates changes in revenues and expenditures for FY 2023 as summarized in the table below, and detailed in attached Exhibit A, which by this reference are made a part hereof. This table and attached exhibit include an all-funds net additional cost of $391,470.04 in FY 2023, to reflect the Council-approved budget adjustments.

Fund Type
FY 2023 Proposed
Budget Adjustment
General Fund Rev 20,000.00$
General Fund Exp (243,256.37)
Subtotal General Fund Net 263,256.37
Half Cent Sales Tax Fund Exp (12,296.44)
Subtotal Half Cent Sales Tax Fund Net 12,296.44
Lodging Business Improv District (LBID) Fund Exp 20,000.00 Subtotal LBID Fund Net (20,000.00)
Council Agenda 4-4-2023 12.B-11
Attachment 1
Packet Page 106

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates any transfers or allocations between funds necessary to implement these Council-approved adjustments for FY 2023.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of April 2023, by the following vote:

Fund Type
FY 2023 Proposed
Budget Adjustment
Capital Projects Rev 5,150.69
Capital Projects Exp 178,407.47
Subtotal Capital Projects Net (173,256.78)
Circulation Fees Exp 176,795.00
Subtotal Circulation Fees Net (176,795.00)
Water Enterprise Fund Exp (1,104,873.90)
Subtotal Water Enterprise Fund Net 1,104,873.90
Water Construction Fund Rev 658,528.10
Water Construction Fund Exp 658,528.10
Subtotal Water Construction Fund Net -
Water Expansion Fund Exp 474,577.12
Subtotal Water Expansion Fund Net (474,577.12)
Wastewater Treatment Fund Exp (70,710.30)
Subtotal Wastewater Treatment Fund Net 70,710.30
Wastewater Capital Projects Rev (1,000,000.00)
Wastewater Capital Projects Exp (1,000,000.00)
Subtotal Wastewater Capital Projects Net -
Wastewater Expansion Exp 219,687.71
Subtotal Wastewater Expansion Net (219,687.71)
Pier Enterprise Fund Rev (4,759.41)
Pier Enterprise Fund Exp (31,759.41)
Subtotal Pier Enterprise Fund Net 27,000.00
Parking Enterprise Fund Exp (94.00)
Subtotal Parking Enterprise Fund Net 94.00
Technology Service Fund Rev 14,762.84
Technology Service Fund Exp 37,207.20
Subtotal Technology Service Fund Total Net (22,444.36)
Motor Vehicle Fund Rev 7,300.00
Motor Vehicle Fund Exp 7,300.00
Subtotal Motor Vehicle Fund Net -
Total All Funds 391,470.04$
Council Agenda 4-4-2023 12.B-12
Attachment 1
Packet Page 107

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 4-4-2023 12.B-13
Attachment 1
Packet Page 108

Miscellaneous Budget Adjustments April 4, 2023
Category Report Description Fund Fund Title Dept Title Activity Rev /Exp
Account Account Description One-time/
Ongoing
FY 2023
Legal Costs Adjust budget to reflect
projected civil litigation
costs
1001 General Fund Legal 1311 Exp 52110 Civil Litigation One-time 150,000.00
Legal Costs De-appropriate General Fund
Contingency to support
General Fund legal costs
1001 General Fund General
Government
1021 Exp 58001 Contingency One-time
(413,245.00)
Legal Costs Pismo Beach Self-Storage
Judgment Payment
1001 General Fund General
Government
1021 Exp 52112 Other Legal One-time
263,245.13
Legal Costs Pismo Beach Self-Storage
Judgment Payment
3101 Circulation Fees General
Government
1021 Exp 52112 Other Legal One-time
266,795.00
Legal Costs Pismo Beach Self-Storage
Judgment Payment
6104 Water Expansion
Fund
Public Works 3131 Exp 52112 Other Legal One-time
474,577.12
Legal Costs Pismo Beach Self-Storage
Judgment Payment
6203 Wastewater
Expansion
General
Government
1021 Exp 52112 Other Legal One-time
219,687.71
Adjust for Projected
Actual costs
2012 Wastewater Bonds
Continuing Disclosure $1,900
6201 Wastewater
Treatment Fund
Debt Service 5061 Exp 52101 Professional Services Ongoing 1,900.00
Adjust for Projected
Actual costs
2017 Pier Bonds Arbitrage
calcs $2,500, Continuing
Disclosure $1,900
1001 General Fund Debt Service 5071 Exp 52101 Professional Services Ongoing 4,400.00
Adjust for Projected
Actual costs
Accounting and Analyst
support
1001 General Fund Administrative
Services
1521 Exp 52101 Professional Services One-time
24,000.00
Adjust for Projected
Actual costs
Add funds to reflect Citizen
Serve cost increase
7101 Technology Service
Fund
Administrative
Services
1531 Exp 52201 Contract Services Ongoing
20,100.00
Adjust for Projected
Actual costs
Adjust budget between
accounts
1001 General Fund City Council 1111 Exp 51216 Car Allowance Ongoing 4,400.00
Adjust for Projected
Actual costs
Adjust budget between
accounts
1001 General Fund City Council 1111 Exp 52222 Travel & Meetings Ongoing (4,400.00)
Adjust for Projected
Actual costs
Align budget to projected
actual spending
1001 General Fund Administrative
Services
1521 Exp 52102 Auditor One-time
680.00
Adjust for Projected
Actual costs
Align budget to projected
actual spending
1001 General Fund Administrative
Services
1521 Exp 52222 Travel & Meetings One-time
(12,180.00)
Adjust for Projected
Actual costs
Align budget to projected
actual spending
1001 General Fund Administrative
Services
1521 Exp 52301 Office Supplies One-time
10,500.00
Adjust for Projected
Actual costs
Align budget to projected
actual spending
1001 General Fund Administrative
Services
1521 Exp 52302 Computer Supplies One-time
(3,000.00)
Adjust for Projected
Actual costs
Align budget to projected
actual spending
1001 General Fund Fire 2241 Exp 52305 Rec Programs One-time 500.00
Adjust for Projected
Actual costs
Align budget to projected
actual spending
1001 General Fund Public Works 3031 Exp 56011 Infrastructure One-time 962.84
Council Agenda 4-4-2023 12.B-14
Attachment 1A
Packet Page 109

Category Report Description Fund Fund Title Dept Title Activity Rev /Exp
Account Account Description One-time/
Ongoing
FY 2023
Adjust for Projected
Actual costs
Align budget to projected
actual spending
1001 General Fund Debt Service 5071 Exp 52101 Professional Services One-time 375.00
Adjust for Projected
Actual costs
Align budget to projected
actual spending
1001 General Fund Debt Service 5081 Exp 52101 Professional Services One-time

37.50 Adjust for Projected
Actual costs
Align budget to projected
actual spending
6101 Water Enterprise
Fund
Administrative
Services
1521 Exp 50103 Temporary Employees One-time
4,000.00
Adjust for Projected
Actual costs
Align budget to projected
actual spending
6101 Water Enterprise
Fund
Administrative
Services
1521 Exp 52201 Contract Services One-time
7,000.00
Adjust for Projected
Actual costs
Align budget to projected
actual spending
6201 Wastewater
Treatment Fund
Administrative
Services
1521 Exp 50103 Temporary Employees One-time
4,000.00
Adjust for Projected
Actual costs
Align budget to projected
actual spending
6201 Wastewater
Treatment Fund
Administrative
Services
1521 Exp 52201 Contract Services One-time
7,000.00
Adjust for Projected
Actual costs
Align budget to projected
actual spending
6501 Parking Enterprise
Fund
Police 2134 Exp 52207 Water/Sewer One-time
500.00
Adjust for Projected
Actual costs
Annual Security Camera
maintenance costs
1001 General Fund Police 2111 Exp 52412 Technology Costs Ongoing 27,000.00
Adjust for Projected
Actual costs
Annual Security Camera
maintenance costs
7101 Technology Service
Fund
Administrative
Services
1531 Rev 46401 IT Service Charges Ongoing
27,000.00
Adjust for Projected
Actual costs
Annual Security Camera
maintenance costs
7101 Technology Service
Fund
Administrative
Services
1531 Exp 52201 Contract Services Ongoing
27,000.00
Adjust for Projected
Actual costs
Building security costs 1001 General Fund Police 2111 Exp 59301 Transfer Out Cap Project One-time 30,000.00
Adjust for Projected
Actual costs
Building security costs 3001 Capital Projects Police 2111 Rev 49101 Transfer In General Fund One-time 30,000.00
Adjust for Projected
Actual costs
Building security costs 3001 Capital Projects Police 2111 Exp 56001 Cap Outlay-Mach & Equip
One-time
30,000.00
Adjust for Projected
Actual costs
De-appropriate General Fund
Contingency to support
General Fund additional
projected actual costs
1001 General Fund General
Government
1021 Exp 58001 Contingency One-time
(266,569.00)
Adjust for Projected
Actual costs
Fire PERS Unfunded Accrued
Liability payment
1001 General Fund Fire 2211 Exp 51206 PERS UAL Payment One-time 7,600.00
Adjust for Projected
Actual costs
Gas Boy EKOS Software
licensing agreement
1001 General Fund Police 2111 Exp 52380 MV Operations Ongoing 7,300.00
Adjust for Projected
Actual costs
Gas Boy EKOS Software
licensing agreement
7201 Motor Vehicle Fund Public Works 3035 Rev 46712 MV Rental Charge Ongoing 7,300.00
Adjust for Projected
Actual costs
Gas Boy EKOS Software
licensing agreement
7201 Motor Vehicle Fund Public Works 3035 Exp 52201 Contract Services Ongoing 7,300.00
Adjust for Projected
Actual costs
Increased costs of Biosolids
treatment and disposal
6201 Wastewater
Treatment Fund
Public Works 3131 Exp 52334 Biosolids Treat & Disp Ongoing 50,000.00
Adjust for Projected
Actual costs
Merchant Transaction Fees
for Junior Lifeguard program
1001 General Fund Fire 2241 Exp 52413 Merchant Transaction Fees
Ongoing
800.00
Council Agenda 4-4-2023 12.B-15
Attachment 1A
Packet Page 110

Category Report Description Fund Fund Title Dept Title Activity Rev /Exp
Account Account Description One-time/
Ongoing
FY 2023
Adjust for Projected
Actual costs
Mosquito Abatement
Services
1001 General Fund General
Government
1021 Exp 52101 Professional Services One-time
7,000.00
Adjust for Projected
Actual costs
New Visitor Information
Center
1001 General Fund City Manager 1221 Exp 52306 Operating Supp & Maint One-time 60,000.00
Adjust for Projected
Actual costs
New Visitor Information
Center
2006 Lodging Business
Improvement
City Manager 1221 Exp 52306 Operating Supp & Maint One-time 20,000.00
Adjust for Projected
Actual costs
Pay Price House electrical.

Catch up payment since 2017
per FOPH license agreement
1001 General Fund Public Works 3032 Exp 52208 Electricity One-time 9,863.00
Adjust for Projected
Actual costs
Price House electrical costs 1001 General Fund Public Works 3032 Exp 52208 Electricity Ongoing 2,600.00
Adjust for Projected
Actual costs
Professional services during
Planning Manager vacancy
1001 General Fund Community
Development
4021 Exp 52101 Professional Services One-time
30,000.00
Adjust for Projected
Actual costs
Public Records Clerk part-
time budget
1001 General Fund Management
Services
1421 Exp 50103 Temporary Employees Ongoing
30,000.00
Adjust for Projected
Actual costs
Public Records Clerk part-
time budget
1001 General Fund Management
Services
1421 Exp 51201 Social Security Ongoing
2,295.00
Adjust for Projected
Actual costs
Public Records Clerk part-
time budget
1001 General Fund Management
Services
1421 Exp 51202 State Unemployment
Insurance
Ongoing
1,500.00
Adjust for Projected
Actual costs
Public Records Clerk part-
time budget
1001 General Fund Management
Services
1421 Exp 51203 Workers' Compensation Ongoing
336.00
Adjust for Projected
Actual costs
Remove excess budget for
Pier Water/Sewer
6401 Pier Enterprise
Fund
Public Works 3024 Exp 52207 Water/Sewer One-time
(27,000.00)
Adjust for Projected
Actual costs
Replace City Hall doors for
keyless entry access
1001 General Fund Public Works 3031 Exp 59301 Transfer Out Cap Project One-time 50,000.00
Adjust for Projected
Actual costs
Replace City Hall doors for
keyless entry access
3001 Capital Projects Public Works 3031 Rev 49101 Transfer In General Fund One-time 50,000.00
Adjust for Projected
Actual costs
Replace City Hall doors for
keyless entry access
3001 Capital Projects Public Works 3031 Exp 56001 Cap Outlay-Mach & Equip
One-time
50,000.00
Adjust for Projected
Actual costs
Required Annual Water Use
Report (AWUR) and the
Annual Water Supply &
Demand Assessment
(AWSDA)
6101 Water Enterprise
Fund
Public Works 3121 Exp 52101 Professional Services One-time 30,000.00
Adjust for Projected
Actual costs
Salary savings from Planning
Manager vacancy
1001 General Fund Community
Development
4021 Exp 50101 Salaries One-time
(26,369.00)
Adjust for Projected
Actual costs
Salary savings from Planning
Manager vacancy
1001 General Fund Community
Development
4021 Exp 51201 Social Security One-time
(2,018.00)
Adjust for Projected
Actual costs
Salary savings from Planning
Manager vacancy
1001 General Fund Community
Development
4021 Exp 51202 State Unemployment
Insurance
One-time
(1,318.00)
Adjust for Projected
Actual costs
Salary savings from Planning
Manager vacancy
1001 General Fund Community
Development
4021 Exp 51203 Workers' Compensation One-time
(295.00)
Council Agenda 4-4-2023 12.B-16
Attachment 1A
Packet Page 111

Category Report Description Fund Fund Title Dept Title Activity Rev /Exp
Account Account Description One-time/
Ongoing
FY 2023
Adjust for Projected
Actual costs
Single Audit for FY 2021 1001 General Fund Administrative Services
1521 Exp 52102 Auditor One-time
4,000.00
Accounting
Adjustment
Adjust budget between
accounts
1001 General Fund Police 2111 Exp 52201 Contract Services Ongoing 25,243.75
Accounting
Adjustment
Adjust budget between
accounts
1001 General Fund Police 2111 Exp 56001 Cap Outlay-Mach & Equip
Ongoing
(25,243.75)
Accounting
Adjustment
Adjust budget between
accounts
6401 Pier Enterprise
Fund
Public Works 3024 Exp 52306 Operating Supp & Maint One-time 14,360.00
Accounting
Adjustment
Adjust budget between
accounts
6401 Pier Enterprise
Fund
Public Works 3024 Exp 52313 Major Repair & Maint One-time (14,360.00)
Accounting
Adjustment
Correction to transfer in
from Circulation Fee Fund
3001 Capital Projects Public Works 3033 Rev 49311 Transfer In Circulation Fee
One-time
(178,000.00)
Accounting
Adjustment
Correction to transfer in
from Half-Cent Sales Tax
Fund
3001 Capital Projects Public Works 3033 Rev 49102 Transfer In Half-Cent One-time 178,000.00
Accounting
Adjustment
Move Capital project to
Capital Fund from 6101 to
6103
6101 Water Enterprise
Fund
Public Works 3122 Exp 56011 Infrastructure One-time
(1,803,500.00)
Accounting
Adjustment
Move Capital project to
Capital Fund from 6101 to
6103
6101 Water Enterprise
Fund
Public Works 3122 Exp 59613 Transfer Out Water
Constructn
One-time
1,803,500.00
Accounting
Adjustment
Move Capital project to
Capital Fund from 6101 to
6103
6103 Water Construction
Fund
Public Works 3122 Rev 49611 Transfer In Water Ent
Fund
One-time
1,803,500.00
Accounting
Adjustment
Move Capital project to
Capital Fund from 6101 to
6103
6103 Water Construction
Fund
Public Works 3122 Exp 56011 Infrastructure One-time
1,803,500.00
Accounting
Adjustment
Move LBID funds for Spyglass
sidewalk to Paving project
2006 Lodging Business
Improvement
City Manager 1221 Exp 59301 Transfer Out Cap Project One-time 300,000.00
Accounting
Adjustment
Move LBID funds for Spyglass
sidewalk to Paving project
2006 Lodging Business
Improvement
City Manager 1221 Exp 59301 Transfer Out Cap Project One-time (300,000.00)
Accounting
Adjustment
Move LBID funds for Spyglass
sidewalk to Paving project
3001 Capital Projects Public Works 3033 Rev 49206 Transfer In LBID One-time 300,000.00
Accounting
Adjustment
Move LBID funds for Spyglass
sidewalk to Paving project
3001 Capital Projects Public Works 3033 Exp 56008 Cap Outlay-Street Const One-time 300,000.00
Accounting
Adjustment
Move LBID funds for Spyglass
sidewalk to Paving project
3001 Capital Projects Public Works 3033 Rev 49206 Transfer In LBID One-time (300,000.00)
Accounting
Adjustment
Move LBID funds for Spyglass
sidewalk to Paving project
3001 Capital Projects Public Works 3033 Exp 56008 Cap Outlay-Street Const One-time (300,000.00)
Accounting
Adjustment
Remove unbalanced transfer 3001 Capital Projects Public Works 3031 Rev 49207 Transfer in Chapman Estate Fund
One-time
(27,178.51)
Accounting
Adjustment
Remove unbalanced transfer 6101 Water Enterprise
Fund
Administrative
Services
1521 Exp 59711 Transfer Out IT Fund One-time
(480.00)
Council Agenda 4-4-2023 12.B-17
Attachment 1A
Packet Page 112

Category Report Description Fund Fund Title Dept Title Activity Rev /Exp
Account Account Description One-time/
Ongoing
FY 2023
Additional Grant
Funds
Bello Bridge grant funds -
retroactive change orders
during construction (fully
reimbursed with grant
revenues)
3001 Capital Projects Public Works 3033 Exp 56007 Capital Outlay - Improvements
One-time
252,000.00
Additional Grant
Funds
Bello Bridge grant funds
awarded
3001 Capital Projects Public Works 3033 Rev 45105 Fed Hwy Administration One-time 252,000.00
Additional Grant
Funds
State of California Grant for
Wellness and mental health
for training and equipment
1001 General Fund Police 2111 Rev 45201 State Gov't Grants One-time 20,000.00
Additional Grant
Funds
State of California Grant for
Wellness and mental health
for training and equipment
1001 General Fund Police 2111 Exp 52225 Misc Schools & Training One-time 15,000.00
Additional Grant
Funds
State of California Grant for
Wellness and mental health
for training and equipment
1001 General Fund Police 2111 Exp 52314 Minor Equipment One-time 5,000.00
Project De-
appropriation
Airstreams for Pier 1001 General Fund Public Works 3011 Exp 59641 Transfer Out Pier Fund One-time (4,759.41)
Project De-
appropriation
Airstreams for Pier 6401 Pier Enterprise
Fund
Public Works 3024 Rev 49101 Transfer In General Fund One-time (4,759.41)
Project De-
appropriation
Airstreams for Pier 6401 Pier Enterprise
Fund
Public Works 3024 Exp 56001 Cap Outlay-Mach &
Equip
One-time
(4,759.41)
Project De-
appropriation
Body Camera Replacement 1001 General Fund Police 2111 Exp 56001 Cap Outlay-Mach & Equip
One-time
(1,618.25)
Project De-
appropriation
Chapman Bluff Protection 1001 General Fund Public Works 3021 Exp 52101 Professional Services One-time (27.02)
Project De-
appropriation
City Hall Wi-Fi improvement 7101 Technology Service
Fund
Administrative
Services
1531 Exp 56002 Cap Outlay Computers One-time
(598.94)
Project De-
appropriation
Corp Yard Lighting/Gate 1001 General Fund Public Works 3031 Exp 52311 Bldg&Grounds Oper S&M
One-time
(3,338.00)
Project De-
appropriation
Dino Caves Restroom 3001 Capital Projects Public Works 3022 Exp 56007 Capital Outlay - Improvements
One-time
(2,992.14)
Project De-
appropriation
Dynamic Signs 3101 Circulation Fees Public Works 3021 Exp 56001 Cap Outlay-Mach & Equip
One-time
(90,000.00)
Project De-
appropriation
Ferrous Tank Replacement 6201 Wastewater
Treatment Fund
Public Works 3132 Exp 59622 Transfer Out WW Capital
Proj
One-time
(2,827.72)
Project De-
appropriation
Ferrous Tank Replacement 6202 Wastewater Capital
Projects
Public Works 3132 Rev 49621 Transfer In Wastewater
Ent Fnd
One-time
(2,827.72)
Project De-
appropriation
Ferrous Tank Replacement 6202 Wastewater Capital
Projects
Public Works 3132 Exp 56007 Capital Outlay -
Improvements
One-time
(2,827.72)
Project De-
appropriation
Harloe Bluff Stabilize Lift St 6201 Wastewater
Treatment Fund
Public Works 3132 Exp 59622 Transfer Out WW Capital
Proj
One-time
(135,000.00)
Council Agenda 4-4-2023 12.B-18
Attachment 1A
Packet Page 113

Category Report Description Fund Fund Title Dept Title Activity Rev /Exp
Account Account Description One-time/
Ongoing
FY 2023
Project De-
appropriation
Harloe Bluff Stabilize Lift St 6202 Wastewater Capital Projects
Public Works 3132 Rev 45201 State Gov't Grants One-time (865,000.00)
Project De-
appropriation
Harloe Bluff Stabilize Lift St 6202 Wastewater Capital Projects
Public Works 3132 Rev 49621 Transfer In Wastewater
Ent Fnd
One-time
(135,000.00)
Project De-
appropriation
Harloe Bluff Stabilize Lift St 6202 Wastewater Capital Projects
Public Works 3132 Exp 56007 Capital Outlay -
Improvements
One-time
(1,000,000.00)
Project De-
appropriation
Network Switch
Replacement
1001 General Fund Administrative
Services
1531 Exp 59711 Transfer Out IT Fund One-time
(5,437.16)
Project De-
appropriation
Network Switch
Replacement
7101 Technology Service
Fund
Administrative
Services
1531 Rev 49101 Transfer In General Fund One-time
(5,437.16)
Project De-
appropriation
Network Switch
Replacement
7101 Technology Service
Fund
Administrative
Services
1531 Exp 56002 Cap Outlay Computers One-time
(471.15)
Project De-
appropriation
Ontario Ridge A/C install 1001 General Fund Administrative Services
1531 Exp 59711 Transfer Out IT Fund One-time
(5,143.00)
Project De-
appropriation
Ontario Ridge A/C install 6101 Water Enterprise
Fund
Administrative
Services
1521 Exp 59711 Transfer Out IT Fund One-time
(422.00)
Project De-
appropriation
Ontario Ridge A/C install 6201 Wastewater
Treatment Fund
Administrative
Services
1521 Exp 59711 Transfer Out IT Fund One-time
(641.00)
Project De-
appropriation
Ontario Ridge A/C install 6501 Parking Enterprise
Fund
Police 2134 Exp 59711 Transfer Out IT Fund One-time
(594.00)
Project De-
appropriation
Ontario Ridge A/C install 7101 Technology Service
Fund
Administrative
Services
1531 Rev 49101 Transfer In General Fund One-time
(5,143.00)
Project De-
appropriation
Ontario Ridge A/C install 7101 Technology Service
Fund
Administrative
Services
1531 Rev 49611 Transfer In Water Ent
Fund
One-time
(422.00)
Project De-
appropriation
Ontario Ridge A/C install 7101 Technology Service
Fund
Administrative
Services
1531 Rev 49621 Transfer In Wastewater
Ent Fnd
One-time
(641.00)
Project De-
appropriation
Ontario Ridge A/C install 7101 Technology Service
Fund
Administrative
Services
1531 Rev 49651 Transfer In Parking Fund One-time
(594.00)
Project De-
appropriation
Ontario Ridge A/C install 7101 Technology Service
Fund
Administrative
Services
1531 Exp 52308 Radio Maintenance One-time
(7,500.00)
Project De-
appropriation
Pacific Estates Resv.

Mainten.
6101 Water Enterprise
Fund
Public Works 3122 Exp 59613 Transfer Out Water
Constructn
One-time
(859,300.00)
Project De-
appropriation
Pacific Estates Resv.

Mainten.
6103 Water Construction
Fund
Public Works 3122 Rev 49611 Transfer In Water Ent
Fund
One-time
(859,300.00)
Project De-
appropriation
Pacific Estates Resv.

Mainten.
6103 Water Construction
Fund
Public Works 3122 Exp 56011 Infrastructure One-time
(859,300.00)
Project De-
appropriation
Pismo Creek Sewer Spill FY22 6201 Wastewater
Treatment Fund
Public Works 3132 Exp 56011 Infrastructure One-time
2,030.70
Project De-
appropriation
PR Marketing Project 1001 General Fund Management
Services
1421 Exp 52101 Professional Services One-time
(3,850.00)
Project De-
appropriation
Price Canyon Road 1001 General Fund Public Works 3022 Exp 59301 Transfer Out Cap Project One-time (87,584.00)
Council Agenda 4-4-2023 12.B-19
Attachment 1A
Packet Page 114

Category Report Description Fund Fund Title Dept Title Activity Rev /Exp
Account Account Description One-time/
Ongoing
FY 2023
Project De-
appropriation
Price Canyon Road 3001 Capital Projects Public Works 3022 Rev 45105 Fed Hwy Administration One-time (39,812.80)
Project De-
appropriation
Price Canyon Road 3001 Capital Projects Public Works 3022 Rev 49101 Transfer In General Fund One-time (87,584.00)
Project De-
appropriation
Price Canyon Road 3001 Capital Projects Public Works 3022 Exp 56014 Storm Drain One-time (43,001.36)
Project De-
appropriation
Price Canyon Slope Repair 3001 Capital Projects Public Works 3022 Rev 45006 FEMA REIMBURSEMENT One-time (35,412.00)
Project De-
appropriation
Price Canyon Slope Repair 3001 Capital Projects Public Works 3022 Exp 52101 Professional Services One-time 34,266.16
Project De-
appropriation
Rehab Shell Beach Tennis
Court
1001 General Fund Community
Development
4041 Exp 59301 Transfer Out Cap Project One-time
(1,500.00)
Project De-
appropriation
Rehab Shell Beach Tennis
Court
3001 Capital Projects Public Works 3032 Rev 49101 Transfer In General Fund One-time (1,500.00)
Project De-
appropriation
Rehab Shell Beach Tennis
Court
3001 Capital Projects Public Works 3032 Exp 56007 Capital Outlay - Improvements
One-time
(1,500.00)
Project De-
appropriation
Secure Communication Radio 7101 Technology Service
Fund
Administrative
Services
1531 Exp 56001 Cap Outlay-Mach &
Equip
One-time
(1,322.71)
Project De-
appropriation
Shell Beach Rd Mattie Rd
Study
1001 General Fund Public Works 3022 Exp 52101 Professional Services One-time (50,000.00)
Project De-
appropriation
Shell Beach Reserv 1 Replace. 6101 Water Enterprise
Fund
Public Works 3122 Exp 59613 Transfer Out Water
Constructn
One-time
(285,671.90)
Project De-
appropriation
Shell Beach Reserv 1 Replace. 6103 Water Construction
Fund
Public Works 3122 Rev 49611 Transfer In Water Ent
Fund
One-time
(285,671.90)
Project De-
appropriation
Shell Beach Reserv 1 Replace. 6103 Water Construction
Fund
Public Works 3122 Exp 56011 Infrastructure One-time
(285,671.90)
Project De-
appropriation
SSARP Cal Trans Grant 3001 Capital Projects Public Works 3033 Rev 45201 State Gov't Grants One-time (23,065.56)
Project De-
appropriation
SSARP Cal Trans Grant 3001 Capital Projects Public Works 3033 Exp 52101 Professional Services One-time (28,068.75)
Project De-
appropriation
Storm Drain Project 20.21 1002 Half Cent Sales Tax
Fund
Public Works 3022 Exp 59301 Transfer Out Cap Project One-time (12,296.44)
Project De-
appropriation
Storm Drain Project 20.21 3001 Capital Projects Public Works 3022 Rev 49102 Transfer In Half-Cent One-time (12,296.44)
Project De-
appropriation
Storm Drain Project 20.21 3001 Capital Projects Public Works 3022 Exp 56014 Storm Drain One-time (12,296.44)
Project De-
appropriation
Wadsworth Underpass
lighting
1001 General Fund Public Works 3032 Exp 59301 Transfer Out Cap Project One-time (100,000.00)
Project De-
appropriation
Wadsworth Underpass
lighting
3001 Capital Projects Public Works 3032 Rev 49101 Transfer In General Fund One-time (100,000.00)
Project De-
appropriation
Wadsworth Underpass
lighting
3001 Capital Projects Public Works 3032 Exp 56011 Infrastructure One-time (100,000.00)
Council Agenda 4-4-2023 12.B-20
Attachment 1A
Packet Page 115

Category Report Description Fund Fund Title Dept Title Activity Rev /Exp
Account Account Description One-time/
Ongoing
FY 2023
Project De-
appropriation
Water & WW Fee Update 6101 Water Enterprise
Fund
Administrative
Services
1521 Exp 52101 Professional Services One-time
(2,682.33)
Project De-
appropriation
Water & WW Fee Update 6201 Wastewater
Treatment Fund
Administrative
Services
1521 Exp 52101 Professional Services One-time
(2,682.32)
Project De-
appropriation
Water WW Rate Study 6101 Water Enterprise
Fund
Public Works 3121 Exp 52101 Professional Services One-time 2,682.33
Project De-
appropriation
Water WW Rate Study 6201 Wastewater
Treatment Fund
Public Works 3131 Exp 52101 Professional Services One-time 2,682.32
Project De-
appropriation
WWTP Improvements 6201 Wastewater
Treatment Fund
Public Works 3132 Exp 59622 Transfer Out WW Capital
Proj
One-time
2,827.72
Project De-
appropriation
WWTP Improvements 6202 Wastewater Capital
Projects
Public Works 3132 Rev 49621 Transfer In Wastewater
Ent Fnd
One-time
2,827.72
Project De-
appropriation
WWTP Improvements 6202 Wastewater Capital
Projects
Public Works 3132 Exp 56007 Capital Outlay -
Improvements
One-time
2,827.72
Council Agenda 4-4-2023 12.B-21
Attachment 1A
Packet Page 116

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

PARTICIPATION IN THE COUNTY OF SAN LUIS OBISPO DESALINATED WATER STUDY
RECOMMENDATION:

Adopt a Resolution approving participation in the County of San Luis Obispo Desalination Executable Solution and Logistics (DESAL) Plan.

BACKGROUND:

The City of Pismo Beach has three sources of water: Lopez Lake, the California State Water Project, and the Santa Maria Groundwater Basin. While these sources have been historically reliable over the past twenty years, two historical droughts have occurred, and expectations have increased that longer dry periods will occur between wetter wet periods.

The City has considered a number of possible supplemental water supply sources to protect the City against prolonged drought and the impacts of such a drought, including possible seawater intrusion into the Santa Maria Groundwater Basin. These options include: desalination, connection to Diablo Canyon’s desalination plant, raising the Lopez Dam spillway, purchase of additional State Water and/or State Water Drought Buffer, and recycled wastewater. Of these, recycled wastewater has been identified as the most feasible, which led the City to develop a partnership with the Cities of Grover Beach and Arroyo Grande for the Central Coast Blue recycled water project. Central Coast Blue, for which the City is the lead agency, will bring a sufficient supply of recycled water to the region from a treatment facility in Grover Beach to provide supply reliability during extended drought and minimize the risk of seawater intrusion into the groundwater supply.

The participating cities approved a Joint Powers Authority agreement in 2022 and the project is expected to be operational by mid-2026 with additional groundwater supply available by late 2026.

While Central Coast Blue remains the City’s focus for the near and intermediate term, this project has demonstrated that supplemental water projects take a lot of time to move from planning to design to construction. The City began work on the Regional Groundwater Sustainability Project, now known as Central Coast Blue, in 2014 and expects to break ground on construction early next year, marking the project’s tenth year. With this in mind, the County of San Luis Obispo has taken the lead to start the initial phases of a desalinated water study now, in hopes that the project will be ready to construct, if feasible, within 15 to 20 years.

County Desalination Study
Due to proximity to the ocean, and future water supply quantity, quality and reliability needs, the 2019 San Luis Obispo County Integrated Regional Water Management Plan and 2012 Countywide Master Water Report identify desalination as a water resource

12.C-1Council Agenda 4-4-2023
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management strategy to pursue. While desalination can provide a local, reliable, and sustainable water supply for decades to come, desalination projects take much longer to plan for, permit and construct than recycled water.

The San Luis Obispo County Flood Control and Water Conservation District intends to develop the Desalination Executable Solution and Logistics (DESAL) Plan, a study of the feasibility of developing a desalinated water supply over the next several years via a public process that, when complete, will ultimately contain balanced recommendations related to responsibly advancing the implementation of a regional desalination project.

The County of San Luis Obispo has commissioned a five-phased study to evaluate and plan for a potential desalination plant in the region. The DESAL Plan, during Phases 1 and 2, offers a no-cost, preliminary/exploratory process to incrementally evaluate a potential regional seawater desalination plant as well as examine associated factors, issues, technology, and budgetary components, thereby supplying the City Council with information to address long-term water sustainably.

Recognizing that a desalination project will take a long time to plan for, permit, and construct, staff recommends that the City Council authorize staff to participate in the initial phases of the plan as a very long-term option. The City has participated in the County coordinated Countywide Water Action Team (CWAT), an informal working group of staff from entities across the county with water supply planning responsibilities, to work together to ensure the region has a safe reliable source of water for generations to come.

CWAT has been working to develop a conceptual five-phase approach to developing a DESAL Plan and project. All phases, including an anticipated schedule for Phase 1, are described in the following table:

Phase 1: DESAL Plan Agreement Phase
The County of San Luis Obispo Flood Control and Water Conservation District Board gave direction to proceed on a path to desalination (Fall 2022; completed by County staff)
Get Resolutions from agencies agreeing to be evaluated in the DESAL Plan (Spring 2023; the current recommended action)
Develop and vet scope of work with participating agencies (Spring/Summer 2023)
Establish stakeholder and public engagement process (implement through all phases)
Seek/pursue grant opportunities (continue through all phases) Review scope of work/engagement process with Board/direction to proceed (Summer 2023)

12.C-2Council Agenda 4-4-2023
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Phase 2: DESAL Plan Development Phase
District to procure consultant
Implement public engagement process
Identify project concept alternatives, vet, and analyze Rank and select preferred project
Phase 3: Project Development Agreement Phase
Commitment from project partners to pay for and proceed with the project development and all efforts necessary to get to the construction phase Phase 4: Project Development Phase
Detailed project design, permits and environmental processes, operations and distribution plans, right of way negotiations, water supply and Governance Agreement negotiations, Financing plan
Phase 5: Project Governance Agreement and Construction Phase Execute Governance agreement for construction and ongoing maintenance The San Luis Obispo County Flood Control and Water Conservation District will be the lead agency and contract administrator for the DESAL Plan and is requesting that water- purveying agencies that wish to be evaluated during the development of the DESAL Plan adopt resolutions approving participation.

While the City anticipates that Central Coast Blue can adequately address future water supply reliability, it may be valuable to develop a better understanding of the benefits and impacts of a regional desalination project to address long-range growth and possible unanticipated climate change impacts. There is only minimal cost to the City associated with developing the plan, in the form of staff time, and the City can opt out at any point in the development of the plan. Staff recommends participation to the point that information identifying the costs and benefits of this potential supply to the City can be determined.

All other water agencies in the county are initially participating in the plan.

Conclusion and Recommendation
Based on how long a regional desalination project will take to develop, and the long-term uncertainty in climate and water supply, staff recommends that the City Council adopt a Resolution (Attachment 1) approving participation in the County of San Luis Obispo DESAL Plan.

FISCAL IMPACT:

There is no direct fiscal impact to participation in the County DESAL Plan, however there will be a commitment of staff time associated with participation in meetings during the development of the plan.

12.C-3Council Agenda 4-4-2023
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ALTERNATIVES:

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

ATTACHMENTS:

1. Resolution
Submitted by: Meeting Date: April 4, 2023
Benjamin A. Fine, P.E.

Director of Public Work/City Engineer
City Manager Approval:

12.C-4Council Agenda 4-4-2023
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RESOLUTION NO. R-2023-XXX

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

CALIFORNIA APPROVING PARTICIPATION IN THE COUNTY OF SAN LUIS

OBISPO DESALINATION EXECUTABLE SOLUTION AND LOGISTICS (DESAL) PLAN
WHEREAS, the City of Pismo Beach has three sources of water: Lopez Lake, the California State Water Project and the Santa Maria Groundwater Basin; and WHEREAS, these sources have been historically reliable over the past twenty years, two historical droughts have occurred, and expectations have increased that longer dry periods will occur between wetter wet periods; and
WHEREAS, Central Coast Blue remains the City’s focus, which has demonstrated that supplemental water projects take a lot of time to move from planning to design to construction; and
WHEREAS, the San Luis Obispo County Flood Control and Water Conservation District intends to develop the Desalination Executable Solution and Logistics (DESAL) Plan, a study of the feasibility of developing a desalinated water supply over the next several years; and
WHEREAS, the County of San Luis Obispo has commissioned a five-phased study to evaluate and plan for a potential desalination plant in the region; the DESAL Plan, during Phases 1 and 2, offers a no-cost, preliminary/exploratory process to incrementally evaluate a potential regional seawater desalination plant; and WHEREAS, the City has participated in the County coordinated Countywide Water Action Team (CWAT), an informal working group of staff from entities across the county with water supply planning responsibilities, to develop a conceptual five-phase approach to developing a DESAL Plan and project; and
WHEREAS, the San Luis Obispo County Flood Control and Water Conservation District will be the lead agency and contract administrator for the DESAL Plan and is requesting that water-purveying agencies that wish to be evaluated during the development of the DESAL Plan adopt resolutions approving participation; and WHEREAS, the City anticipates that Central Coast Blue can adequately address future water supply reliability, but it may be valuable to develop a better understanding of the benefits and impacts of a regional desalination project to address possible unanticipated climate change impacts; and

12.C-5Council Agenda 4-4-2023
Attachment 1
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WHEREAS, there is only minimal cost to the City, in the form of staff time, associated with developing the plan, and the City can opt out at any point in the development of the plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves the inclusion of the City of Pismo Beach in the development of the DESAL Plan and wishes to be evaluated as a potential partner in such a regional desalination project in the future in order to inform decision-makers and constituents, and designates the Director of Public Works/City Engineer, or designee, to participate in the development of the DESAL Plan, and to bring forward related recommendations.

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 4th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

12.C-6Council Agenda 4-4-2023
Attachment 1
Packet Page 122