Pismo Beach City Council
May 2, 2023

AGENDA
Pismo Beach City Council
Tuesday, May 2, 2023
Time Meeting Type Physical Location Virtual Participation Option 5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual participation is offered via Zoom.
2 Broadcast meeting also available, for viewing only, on cable Channel 20 and online at pismobeach.org/agenda.

0. HYBRID MEETING INSTRUCTIONS:

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 5-2-2023

Pismo Beach City Council Agenda May 2, 2023

Regular Meeting—5:30 p.m.

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

CALL TO ORDER: Mayor Waage

1. ROLL CALL:

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

2. PLEDGE OF ALLEGIANCE

3. ACCEPTANCE OF AGENDA

4. PRESENTATIONS

Item 4.A: Proclamation: Recognizing May 2023 as National Foster Care Month (San Luis Obispo County Department of Social Services)

5. PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item NOT appearing on the agenda. For items appearing on the agenda, including the Consent Calendar, the public will be invited to make comments during Council consideration of the item. In accordance with state law, matters raised as part of this comment period cannot be discussed or acted upon by the City Council at this time.

However, in response to a matter raised as part of this comment period, the Council may, during Item 13, City Council Comments and Requests, direct staff to assist a speaker, or schedule the matter for consideration on a future agenda.

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

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

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

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

8. COUNCIL COMMITTEE REPORTS

1. Air Pollution Control District, SLO County (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)

Council Agenda 5-2-2023

Pismo Beach City Council Agenda May 2, 2023

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 April 18, 2023 Regular and Closed Meetings.

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

Recommendation:

1. Approve the Summary of Payroll Register for April 9, 2023;

2. Approve the Register of Demands for March 31, 2023, April 7, 2023 and April 14, 2023.

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

Recommendation:

No action required; informational only.

Item 9.D: Approval of the Fiscal Year 2024 Paving Project for Proposed Road Maintenance and Rehabilitation Account Funding (SB1) (Feeser)

Recommendation:

Adopt a Resolution approving the 2022 Paving Project for proposed Senate Bill 1 Road Maintenance and Rehabilitation Account funding for Fiscal Year 2024 and making a determination of exemption under the California Environmental Quality Act.

Item 9.E: Notice of Completion and Acceptance of Public Improvements for Tract 3043, South Silver Shoals (Fine)

Recommendation:

1. Accept the public improvements for Tract 3043 as complete and authorize the release of the improvement securities; and

2. Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion.

Item 9.F: Acceptance of Grant Funds Allocated by the Federal Emergency Management Agency (FEMA) and Authorization of Purchase of Seven All-Band, Portable Radios, and Appropriating Related Budget Adjustments in Fiscal Year 2023 (Lee)

Recommendation:

Adopt a Resolution authorizing the acceptance of grant funds in the amount of $75,051 from the Federal Emergency Management Agency, and the Council Agenda 5-2-2023

Pismo Beach City Council Agenda May 2, 2023

purchase of seven all-band portable radios, P-25 compliant, and appropriating related budget adjustments in Fiscal Year 2023.

Item 9.G: Adoption (Second Reading) of an Ordinance of the City Council of the City Of Pismo Beach Amending Sections 12.10.010, 12.10.030, 12.10.040,

12.10.050, 12.10.070, 12.10.070, 12.10.080, and 12.10.120 of the Pismo Beach Municipal Code Regarding Newsracks (Inderlied)

Recommendation:

Adopt an Ordinance amending sections 12.10.010, 12.10.030, 12.10.040,

12.10.050, 12.10.070, 12.10.070, 12.10.080, and 12.10.120 of the Pismo Beach Municipal Code regarding newsracks.

Item 9.H: Acceptance of California Coastal Commission Modifications to the Municipal Code Associated with Two-Unit Residential Development and Urban Lot Splits in Compliance with Senate Bill 9, Including Adoption (Second Reading) of an Ordinance Repealing and Replacing Ordinance O-2022-001 (Inderlied)

Recommendation:

Adopt an Ordinance repealing and restating Chapter 17.119 Two-Unit Residential Development and Urban Lot Splits to Title 17 (1983 Coastal Zoning Code) of the Pismo Beach Municipal Code, relating to urban lot splits and two-unit residential development built in accordance with Senate bill 9, repealing Ordinance O-2022-001, and making a determination of exemption under the California Environmental Quality Act (CEQA).

10. ITEMS PULLED FROM CONSENT CALENDAR

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

None.

12. BUSINESS ITEMS - May be reordered and heard prior to Public Hearings

Item 12.A: Introduction (First Reading) of an Ordinance Modifying Chapter 5.22 of Title 5 of the Pismo Beach Municipal Code Regarding Short-Term Rentals (Downing)

Recommendation:

Introduce an Ordinance amending Chapter 5.22 of Title 5 of the Pismo Beach Municipal Code relating to administrative regulations of Short-Term Rentals and Homestays.

Item 12.B: Public Safety Facility Project Update (Garcia)

Recommendation:

Receive an update for the Public Safety Facility Project.

Council Agenda 5-2-2023

Pismo Beach City Council Agenda May 2, 2023

Item 12.C: Award of Contract to ENGEO Incorporated for Professional Engineering and Environmental Services for the Cliff Ave and Ocean Blvd Storm Drain Portion of the Ocean Boulevard Improvement Project (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a professional services agreement with ENGEO Incorporated for professional engineering and environmental services for the Cliff Avenue and Ocean Boulevard Storm Drain portion of the Ocean Boulevard Improvement Project in the amount of $160,000, accepting grant funding, and appropriating related budget adjustments in Fiscal Year 2023.

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

14. ADJOURNMENT

To the following meeting(s). Special and Closed Session times may be subject to change, as noticed. Meetings will be held in a hybrid in-person / virtual format unless otherwise noted:

Meeting Time Date Location
Special Meeting 10:00 a.m. Thursday, May 11, 2023 Council Chamber, City Hall Regular Meeting 5:30 p.m. Tuesday, May 16, 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 May 2, 2023 meeting(s) of the Pismo Beach City Council was posted on April 27, 2023, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.

Erica Inderlied, City Clerk

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

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

Related Materials: All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at [email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. Please call (805) 773-7003 with any questions.

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

Council Agenda 5-2-2023

Pismo Beach City Council Agenda May 2, 2023

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 5-2-2023

A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA RECOGNIZING MAY 2023 AS “NATIONAL FOSTER CARE MONTH” WHEREAS, the City of Pismo Beach recognizes the importance of providing children safe, healthy and loving homes when they are unable to remain in the home of their biological family; and
WHEREAS, there are more than 420,000 children in the United States in the foster care system; and
WHEREAS, more than 28,000 children in California are in the foster care system; and WHEREAS, there are over 250 children, youth, and teenagers in the County of San Luis Obispo who are in the foster care system; and
WHEREAS, to help these children have a healthy, loving and stable home environment where they can thrive and feel connected to a community that cares for them, and to support the resource families that provide these critical homes, the County of San Luis Obispo Department of Social Services is acknowledging National Foster Care Month to raise awareness about the need for more resource family homes in our county for local children and join other organizations to celebrate resource families in our community; and WHEREAS, this effort, along with similar celebrations in all 50 states and the District of Columbia, will offer children the chance to live with healthy, loving, and stable resource families when they cannot live with their birth families and encourage other dedicated individuals to make a powerful difference in the lives of a child through resource family care.

NOW, THEREFORE, the City Council of the City of Pismo Beach hereby recognizes May as “National Foster Care Month” in the City of Pismo Beach and in so doing, urges all citizens to join in a national effort to raise awareness about the importance of foster care and resource family care.

Dated this 2nd day of May, 2023
________________________
Ed Waage, Mayor
Council Agenda 5-2-2023 4.A-1
Packet Page 1

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

ADOPTION OF MEETING MINUTES
RECOMMENDATION:

Adopt Minutes of the April 18, 2023 Regular and Closed Meetings.

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 April 18, 2023
Submitted by: Erica Inderlied, City Clerk Meeting Date: May 2, 2023 City Manager Approval:

9.A-1Council Agenda 5-2-2023
Packet Page 2

DRAFT MINUTES
Pismo Beach City Council
Tuesday, April 18, 2023
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.

9.A-2Council Agenda 5-2-2023
Attachment 1
Packet Page 3

City Council Meeting Minutes April 18, 2023

4.PRESENTATIONS
Item 4.A: Presentation: Introduction of New Employees
Administrative Services Director Feeser introduced Jessica Benzon, Utility Billing and Business License Clerk; Emily France, Payroll Technician; and Ian Huff, Information Technology Technician.

Police Chief Smith introduced Kolby Davenport, Police Officer; Matthew Downs, Police Officer; Macee Flores, Crime Analyst; Christine Lovett, Public Safety Dispatcher; Sara Saenz, Public Safety Dispatcher; and Amanda Withers, Public Safety Dispatcher.

Item 4.B: Proclamation: Sexual Assault Action Month (Lumina Alliance) Presented to Shawn Freeman, Lumina Alliance.

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 April 17, 2023 Closed Session.

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

Council Member Guthrie:

San Luis Obispo Water Resources Advisory Committee (WRAC) Mayor Waage:

Central Coast Blue Regional Recycled Water Authority.

League of California Cities Coastal Cities Group
San Luis Obispo County Community Fire Safe Council.

San Luis Obispo Regional Transit Authority (SLORTA).

9.A-3Council Agenda 5-2-2023
Attachment 1
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City Council Meeting Minutes April 18, 2023

9. CONSENT CALENDAR

Call for public comment: No comment.

Action: Adopt Consent Calendar.

Motion: Guthrie
Second: Newton

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

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

Absent: 0
Abstain: 0
Recused: 0

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

Recommendation:

Adopt Minutes of the April 4, 2023 Closed and Regular Joint Meetings.

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

Recommendation:

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

2. Approve the Register of Demands for March 24, 2023.

Item 9.C: Department Activity Reports for March 2023 (All)

Recommendation:

Receive reports as information only.

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

Recommendation:

No action recommended; for information only.

Item 9.E: Annual City Weed Abatement Program; Declaration of Nuisances (Lee)

Recommendation:

Adopt a Resolution declaring that grass, weeds, and rubbish on certain lots in the City of Pismo Beach constitute public nuisances and ordering said public nuisances to be abated.

Legislative Record: Resolution R-2023-028 adopted.

9.A-4Council Agenda 5-2-2023
Attachment 1
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City Council Meeting Minutes April 18, 2023

10.ITEMS PULLED FROM CONSENT
None.

12.BUSINESS ITEMS
This item was reordered.

Item 12.A: Introduction (First Reading) of an Ordinance of the City Council of the City of Pismo Beach Amending Sections 12.10.010, 12.10.030,

12.10.040, 12.10.050, 12.10.070, 12.10.070, 12.10.080, and 12.10.120 of the Pismo Beach Municipal Code Regarding Newsracks (Fine) Recommendation:

Introduce an Ordinance amending sections 12.10.010, 12.10.030,

12.10.040, 12.10.050, 12.10.070, 12.10.070, 12.10.080, and 12.10.120 of the Pismo Beach Municipal Code regarding newsracks.

Presenting staff:

Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
James R. Lewis, City Manager
Call for public comment: No comment.

Action: Introduce an Ordinance amending sections 12.10.010, 12.10.030,

12.10.040, 12.10.050, 12.10.070, 12.10.070, 12.10.080, and 12.10.120 of the Pismo Beach Municipal Code regarding newsracks.

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: Ordinance O-2023-XXX introduced.

9.A-5Council Agenda 5-2-2023
Attachment 1
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City Council Meeting Minutes April 18, 2023

11. PUBLIC HEARINGS

Item 11.A: Acceptance of California Coastal Commission Modifications to the Municipal Code Associated with Two-Unit Residential Development and Urban Lot Splits in Compliance with Senate Bill 9, Including Introduction (First Reading) of an Ordinance Repealing and Replacing Ordinance O-2022-001 (Downing)

Recommendation:

Introduce an Ordinance repealing and restating Chapter 17.119 Two-Unit Residential Development and Urban Lot Splits to Title 17 (1983 Coastal Zoning Code) of the Pismo Beach Municipal Code, relating to urban lot splits and two-unit residential development built in accordance with Senate bill 9, repealing Ordinance O-2022-001, and making a determination of exemption under the California Environmental Quality Act (CEQA).

Presenting staff:

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

Public Hearing / Call for public comment: No comment.

Action: Introduce an Ordinance repealing and restating Chapter 17.119 Two-Unit Residential Development and Urban Lot Splits to Title 17 (1983 Coastal Zoning Code) of the Pismo Beach Municipal Code, relating to urban lot splits and two-unit residential development built in accordance with Senate bill 9, repealing Ordinance O-2022-001, and making a determination of exemption under the California Environmental Quality Act (CEQA).

Motion: Inman
Second: Reiss

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: Ordinance O-2023-XXX introduced.

9.A-6Council Agenda 5-2-2023
Attachment 1
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City Council Meeting Minutes April 18, 2023
Item 11.B: Resolution Levying the 2% Annual Assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2024:

July 1, 2023 Through June 30, 2024 (Feeser)

Recommendation:

1. Open public hearing; accept protests, if any, to the proposed assessments; close public hearing;

2. Adopt a Resolution levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2024: July 1, 2023 through June 30, 2024.

Presenting staff:

Nadia Feeser, Administrative Services Director
James R. Lewis, City Manager

Public Hearing / Call for public comment: No comment.

Action: Adopt a Resolution levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2024:

July 1, 2023 through June 30, 2024.

Motion: Newton
Second: Reiss

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2023-029 adopted.

12. BUSINESS ITEMS

Item 12.A: Introduction (First Reading) of an Ordinance of the City Council of the City of Pismo Beach Amending Sections 12.10.010, 12.10.030,

12.10.040, 12.10.050, 12.10.070, 12.10.070, 12.10.080, and 12.10.120 of the Pismo Beach Municipal Code Regarding Newsracks (Fine)

Recommendation:

Introduce an Ordinance amending sections 12.10.010, 12.10.030,

12.10.040, 12.10.050, 12.10.070, 12.10.070, 12.10.080, and 12.10.120 of the Pismo Beach Municipal Code regarding newsracks.

This item was reordered and heard prior to Item 11.A.

9.A-7Council Agenda 5-2-2023
Attachment 1
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City Council Meeting Minutes April 18, 2023

13. CITY COUNCIL COMMENTS AND REQUESTS

Majority consensus to direct staff to schedule a Closed Session to conduct a City Attorney evaluation.

14. ADJOURNMENT

At 6:17 p.m., to the scheduled Closed Session.

9.A-8Council Agenda 5-2-2023
Attachment 1
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City Council Meeting Minutes April 18, 2023
Special Closed Session—Immediately Following Regular Meeting 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 6:20 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
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 items listed below.

Item 3.A: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: Pismo Beach Self-Storage, LP v. City of Pismo Beach, et al.

San Luis Obispo County Superior Court Case No. 18CV0535

4. CLOSED SESSION REPORT

City Attorney Fleishman reported that no reportable action was taken on the above items.

9.A-9Council Agenda 5-2-2023
Attachment 1
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City Council Meeting Minutes April 18, 2023

5. ADJOURNMENT
At 6:45 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

9.A-10Council Agenda 5-2-2023
Attachment 1
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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 April 9, 2023.

2. Approve the Register of Demands for March 31, 2023, April 7, 2023 and April 14, 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: May 2, 2023
Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

9.B-1Council Agenda 5-2-2023
Packet Page 12

FOR PERIOD ENDING 04/09/23
CHECKS DATED 04/14/23
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 556957 ‐ 556960 4
ACH 124

EARNINGS
REGULAR 367,022.63
HOLIDAY 5,065.01
OVERTIME (Includes Comp Time Payouts)16,756.51
Administration
Building
Conference & Visitors Bureau
Police Department 11,335.72
Parking
Engineering
Fire
Recreation
Public Works 479.23
Water 3,834.41
Wastewater 1,107.15
Motor Vehicles
Subtotal‐Overtime 16,756.51$
SALARY ADJUSTMENTS 200.00
TRAINING / UNIFORM ALLOWANCE 1,200.00
OTHER EARNINGS 17,207.83
$407,451.98
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 37,213.15
FICA & MEDICARE 30,524.27
STATE INCOME TAX 13,257.10
STATE DISABILITY INSURANCE 3,440.91
GARNISHMENTS 1,038.96
HEALTH 2,191.17
SUPPLEMENTAL DISABILITY 1,547.06
SECTION 125 2,825.32
PERS 33,067.22
DEFERRED COMPENSATION 10,870.73
ADDITIONAL LIFE INSURANCE 301.42
UNION DUES 2,438.61
PISMO ATHLETIC CLUB 195.00
OTHER
NET PAYROLL $268,541.06
DIRECT DEPOSIT DEDUCTION 265,378.92
NET PAYROLL AFTER ACH DEPOSIT 3,162.14
SUMMARY PAYROLL REGISTER

9.B-2Council Agenda 5-2-2023
Attachment 1
Packet Page 13

City of Pismo Beach
Final Disbursement List Check Date 03/31/2023

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 10002 Internal Revenue Service 03/31/2023 91,920.81$ Federal Income Tax PD 03/31/23 ACH 11305 Public Employees Retirement System 03/31/2023 66,629.30 PERS Retirement EE & ER PD 03/31/23 ACH 12017 Vantagepoint Transfer Agents 03/31/2023 9,549.00 Retiree Health Longevity Premiums - PD 04/1/23 ACH 12211 CA. Public Emp Retirement Sys 03/31/2023 115,650.15 Medical Insurance - April 2023 ACH 12305 Franchise Tax Board 03/31/2023 16,183.59 State Income Tax & SDI PD 03/31/23 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IR 03/31/2023 360.00 ICMA Roth IRA PD 03/31/23 ACH 12944 Leaf 03/31/2023 1,231.19 Monthly Copier Lease Feb 2023 ACH 14257 Igoe Administrative Services 03/31/2023 6,799.84 IGOE FSA and DDS reimbursement - March 2023 125461 10446 Achievement House, Inc. 03/31/2023 16,434.10 Sidewalk Cleaning Services/Litter Removal/Pressure Washing Dec 2022 & Feb 2023 125462 10695 AFLAC 03/31/2023 3,124.89 Supplemental Disability Insurance - March 2023 125463 11509 American Industrial Supply 03/31/2023 783.00 Safety Gloves 125464 14363 AT&T Mobility 287314925891 03/31/2023 160.96 iPad Monthly Service - Nov 2022 & Feb 2023 125465 14229 Brendler Janitorial Service 03/31/2023 840.00 Rec Events Vets Hall Cleaning Jan 2023 & Feb 2023 125466 11392 Brenntag Pacific Inc. 03/31/2023 3,804.02 Sodium Bisulfite 125467 10028 Brisco Mill & Lumber Yard 03/31/2023 7.50 Maintenance Supplies 125468 10074 Burdine Printing 03/31/2023 272.51 Office Supplies & Chapman Estate Sign 125469 14402 Carol A. Burner 03/31/2023 866.66 900 Bello Lease - Apr 2023 125470 10626 California Highway Adoption Co 03/31/2023 1,050.00 Highway 101 On/Off Ramp Trash Mitigation Mar 2023 125471 14414 California State Disbursement Unit 03/31/2023 450.46 Tax Withholding Order PD 03/31/23 125472 12610 CalPortland Construction 03/31/2023 553,028.68 Paving Project Progress Payment 7 125473 11451 Channel Islands Technology Integrators' Group 03/31/2023 35,813.51 Microsoft O365 & Phone Licenses Feb 2023/Monthly Help Desk Feb & March 2023/Remote Support 125474 10281 City of Arroyo Grande 03/31/2023 5,416.40 Activity Guide Printing & Postage - Winter/Spring 2023 125475 14415 CLAD Consulting, Inc. 03/31/2023 5,687.50 Inspection Services - Addie St & 2655 Shell Beach Rd PIPs Feb 2023 125476 13842 ClientFirst Consulting Group, LLC 03/31/2023 1,180.00 Tech Design Specs Public Safety Facility - Opt D Oct & Nov 2022 125477 11231 Coastal Peaks Coffee 03/31/2023 52.00 Coffee 125478 14445 Consor North America, Inc. 03/31/2023 18,892.27 Bello & Price Canyon Signal - January 2023 125479 UB*00985 HEIDI CROCKETT (T) 03/31/2023 140.35 Refund Check 018706-000, 358 BOEKER 125480 14313 Culligan/Santa Maria 03/31/2023 96.36 Drinking Water Feb 2023-Police 125481 12628 Dell Marketing LP 03/31/2023 1,215.98 (4) Dell UltraSharp 24 Monitors 125482 12224 Delta Dental Of California 03/31/2023 7,454.24 Dental Premiums - April 2023 125483 14217 Deltina Coffee Roasters 03/31/2023 62.50 Coffee 125484 12307 Department Of Justice 03/31/2023 162.00 Fingerprint Services- February 2023 125485 10242 Dooley Enterprises, Inc. 03/31/2023 3,753.66 Ammunition 125486 13869 Matt Downing 03/31/2023 29.14 Mileage: Board of Supervisor's Meeting re: CCB 2/28/23 & Mileage & Parking 2/2/23 125487 11289 eGenoa, LLC 03/31/2023 323.25 Graphics for City Hall Doors 125488 11469 Eikhof Design Group Inc 03/31/2023 1,405.00 Development & Stormwater Consulting Services Feb 2023 125489 14537 F.S.O.C. LLC 03/31/2023 2,464.59 SWAT Vest 125490 12123 Farm Supply 03/31/2023 810.42 Maintenance Supplies 125491 12589 Ferguson Enterprises, Inc. 03/31/2023 3,105.36 Valve Replacement Ocean Blvd/Placentia 125492 12035 Ben Fine 03/31/2023 44.00 Reimb: Parking & Tax: Public Works Officers Institute 3/7-3/10/23 125493 14506 Foster & Foster Consulting Actuaries, Inc. 03/31/2023 2,500.00 GASB 75 Accounting Report FY22 125494 13846 Franchise Tax Board-Tax Withholding-2 03/31/2023 588.50 Tax Withholding Order PD 03/31/23 125495 12409 Friends Of Price House, Inc 03/31/2023 111.35 Reimb: Price House Electrical March 2023 125496 10732 Granite Construction Company 03/31/2023 2,642.64 Pothole Materials 125497 14043 Health & Human Resource Center, Inc. 03/31/2023 130.05 Employee Assistance Program - April 2023 125498 12649 Anthony Hernandez 03/31/2023 1,038.78 Hotel Reimb/M&IE: Hernandez PC 187 Case 2/21-2/24/23, 2/28-3/3/23, 3/5-3/6/23 & 3/20-3/21/23 125499 14068 Impax Automation, LLC 03/31/2023 4,862.58 SCADA System Maintenance & Support 2/20/23-2/26/23 125500 12255 Iron Mountain Information Mgmt, Inc 03/31/2023 90.17 Shredding Services 1/25-2/21/23 125501 10474 Joseph Wolosz 03/31/2023 6,500.00 Wolosz Parking Lot Lease - Apr 2023 125502 14285 Larry Kim 03/31/2023 655.65 Mileage/M&IE: CPRS Conference 4/2-4/6/23 125503 UB*00986 CAROL KRUGER 03/31/2023 108.26 Refund Check 019047-000, 144 CASTAIC 125504 12019 James Lewis 03/31/2023 29.99 Reimb: NOAA Weather Radar Live subscription 125505 10175 Life-Assist, Inc. 03/31/2023 287.92 Medical Supplies - Fire 125506 14401 Barbara L. Maraist 03/31/2023 866.67 900 Bello Lease - Apr 2023 125507 13361 Marborg Industries Santa Barbara 03/31/2023 311.81 ADA Restrooms - Addie Street 125508 14427 Rubio Medina 03/31/2023 13,100.05 Architectural Design Services - PD Annex Building Feb 2023 125509 14042 Merjan Enterprises, Inc. 03/31/2023 35,253.25 City Hall Access Control & Security Camera Equipment and Service 125510 10097 Miners Hardware 03/31/2023 335.26 Maintenance Supplies 125511 13894 Leah Moss 03/31/2023 1,000.00 Tuition Assistance Program FY 23 125512 12199 Noble Saw, Inc 03/31/2023 108.93 Equipment Maintenance 125513 14343 ODP Business Solutions, LLC 03/31/2023 430.62 Office Supplies 125514 10697 John Parker 03/31/2023 425.00 Ads/Banners/Signs: Easter, Pacific Breeze Concerts & Stride with the Tide 125515 11337 Perry's Electric Motor & Controls, Inc. 03/31/2023 10,264.30 Motor Maintenance 125516 10633 Pismo Beach Athletic Club Inc 03/31/2023 447.00 PBAC Dues collected for April 2023 125517 14403 Betty J. Pratt 03/31/2023 866.67 900 Bello Lease - Apr 2023 125518 12335 Procare Janitorial Supply Inc 03/31/2023 647.39 Janitorial Supplies 125519 10817 PRP Co Dba PRP Companies 03/31/2023 492.76 Embroidery & Printing Services 125520 13201 Rincon Consultants, Inc. 03/31/2023 26,488.25 CCB EIR - February 2023 125521 10904 Ron Rodriguez 03/31/2023 412.65 Mileage: CPRS Conference 4/2-4/6/23 125522 UB*00984 SHARON & GARY ROSSI (T) 03/31/2023 10.00 Refund Check 018205-000, 170 BRANCH #171 125523 11208 SEIU Local 620 AFL/CIO 03/31/2023 880.46 SEIU Dues PD 03/31/23 125524 13913 Silvas Oil Co., Inc 03/31/2023 7,359.52 Diesel & Unleaded Fuel Deliveries 3/16/23 125525 10533 SLO County Sheriff Department 03/31/2023 3,453.75 CLETS services for 2023 (20) 125526 10532 SLO County Sheriff-Coroner 03/31/2023 144.00 Lab Services 125527 12925 Smith's Alarms & Electronics 03/31/2023 260.75 Security Monitoring Upgrade - Price House 125528 11722 SP Maintenance Services Inc 03/31/2023 4,413.75 Street Sweeping Services March 2023 125529 11323 Streator Pipe & Supply 03/31/2023 78.80 PD Bathroom Maintenance 125530 13530 TCA Tools Inc 03/31/2023 11,313.75 Motorized Wheel Balancer & Tire Changer Swing Arm Machine 125531 12321 The Gas Company 03/31/2023 3,509.64 Gas Service 2/14-3/21/23 125532 13097 The Standard 03/31/2023 1,511.47 Life & Additional Life Insurance Premiums - April 2023 125533 12461 TJA Advertising 03/31/2023 85,301.82 CVB & LBID Advertising and Promotion Feb 2023 125534 12860 Townsend Public Affairs 03/31/2023 4,000.00 State Lobbying Services March 2023 125535 12924 Traffic Management Inc 03/31/2023 107.54 Street Signs 125536 13392 Urban Planning Concepts 03/31/2023 18,150.00 In-house Planning Services Feb 2023 125537 13073 VSP- Vision Service Plan (CA) 03/31/2023 1,759.75 VSP Vision Coverage April 2023 125538 10692 Ed Waage 03/31/2023 2,560.24 Reimb Hotel/Taxi/Airfare/Parking/M: DC Advocacy Trip 3/8-3/11/23 125539 12527 Water Systems Consulting Inc 03/31/2023 614.20 NCMA Staff Extension & Management Agreement Update Feb 2023 125540 12132 White Flag Pest Control Inc 03/31/2023 1,081.00 Pest Control 125541 13377 Willdan Financial Services 03/31/2023 2,887.50 Accounting & Analyst Assistance - Feb 2023 Total:1,237,649.63$

9.B-3Council Agenda 5-2-2023
Attachment 2
Packet Page 14

City of Pismo Beach
Final Disbursement List Check Date 04/07/2023

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 11224 Richards, Watson, Gershon Attorneys At Law 04/07/2023 31,944.27$ Professional Legal Services - Feb 2023 125542 10434 Abalone Coast Analytical Inc 04/07/2023 150.00 Water Analysis 3/25 & 3/27/23 125543 10446 Achievement House, Inc. 04/07/2023 6,854.55 Litter Removal Services Jan 2023 125544 14033 Aero-Motion, Inc 04/07/2023 1,554.00 Wooden Gliders - Rec Programs 125545 12275 Airgas West Inc 04/07/2023 116.31 Cylinder Rental - Mar 2023 125546 14540 Greg Alex 04/07/2023 150.00 1st Qtr 2023 PC Meeting Attendance Stipend 125547 12433 Alpha Electrical Service Inc 04/07/2023 930.00 Emergency Electrical Repairs Spyglass Lift Station 3/11/23 125548 11096 Arroyo Grande Chevrolet 04/07/2023 400.96 Vehicle Maintenance 125549 14551 AT&T UEI-E5FGYCH7UWL6 (PD) 04/07/2023 350.00 Phone Tracing - PD Investigation 125550 11589 Austin's Wet Pets and Pond Maintenance, Inc 04/07/2023 140.00 Chapman - Pond Maintenance - March 2023 125551 10293 Battery Systems Inc 04/07/2023 1,196.42 Vehicle Maintenance 125552 14514 BEK Collective Inc 04/07/2023 42,498.90 James Way Beautification Design - Jan & Feb 2023 125553 14119 Boone Printing & Graphics, Inc. 04/07/2023 61.17 Business Cards 125554 11392 Brenntag Pacific Inc. 04/07/2023 3,711.35 Sodium Bisulfite 125555 14037 Harmony Brown 04/07/2023 74.00 M&IE: Media Summit- 4/16-4/17/23 125556 10074 Burdine Printing 04/07/2023 75.09 Concert Posters 125557 14476 Burt Industrial Supply, Inc 04/07/2023 48.72 Maintenance Supplies 125558 13852 California Diesel & RV LLC 04/07/2023 2,106.98 Equipment Maintenance 125559 14365 Sean Campbell 04/07/2023 275.06 Reimb: Reg & Mileage WWTP Operator - Grade II Exam 125560 10269 Carquest Auto Parts 04/07/2023 494.60 Vehicle & Equipment Maintenance 125561 14415 CLAD Consulting, Inc. 04/07/2023 875.00 Inspection Services - 2655 Shell Beach Rd PIP - Mar 2023 125562 11465 Coast Electronics 04/07/2023 1,432.41 Lifeguard Radio Repairs & Replacement 125563 10708 Coastline Equipment 04/07/2023 2,579.66 Vehicle Maintenance 125564 11227 Cole Chrysler Dodge 04/07/2023 1,182.19 Vehicle Maintenance 125565 14482 Mathew Cov 04/07/2023 18.85 Maintenance Supplies 125566 14202 Crisp Imaging 04/07/2023 1,220.82 Archiving Building Plans/ Rec Class Sign/ Office Supplies 125567 11986 Culligan/Central Coast Water 04/07/2023 95.00 Soft Water Tank Rental - April 2023 125568 14313 Culligan/Santa Maria 04/07/2023 394.62 Drinking Water - Mar 2023 125569 UB*00987 JUANITA CURIEL (T) 04/07/2023 39.30 Refund Check 016554-000, 384 PARK AVE #C 125570 12628 Dell Marketing LP 04/07/2023 3,831.60 Finance Laptop & (2) monitors 125571 UB*00988 SAVITT DONALD M TRE ETAL 04/07/2023 9.51 Refund Check 017822-000, 251 RIDGE 125572 11067 E & J Auto Parts, Inc. 04/07/2023 218.60 Vehicle Maintenance 125573 11469 Eikhof Design Group Inc 04/07/2023 600.00 Development Review Services Mar 2023 125574 12123 Farm Supply 04/07/2023 301.23 Maintenance Supplies 125575 12589 Ferguson Enterprises, Inc. 04/07/2023 1,346.88 Distribution Maintenance 125576 11868 FGL Environmental 04/07/2023 663.00 Water Analysis 1/25/23 125577 12952 GSI Water Solutions Inc 04/07/2023 3,090.13 NCMA Annual Report - Feb 2023 125578 11487 Hamner, Jewell And Associates 04/07/2023 937.00 Preliminary Title Report & Acquisition Services 320 Main Street 125579 14525 Hanson Bridgett LLP 04/07/2023 18,147.50 Workplace Harassment Investigation Feb 2023 125580 12255 Iron Mountain Information Mgmt, Inc 04/07/2023 32.95 Shredding Services 125581 10612 Andrew Jones 04/07/2023 200.00 1st Qtr 2023 PC Meeting Attendance Stipend 125582 12096 Lee Wilson Electric Co Inc 04/07/2023 345.00 Signal Light Maintenance - Feb 2023 125583 14533 Rafael Melgoza 04/07/2023 17,560.00 Polishing & Upkeep - Airstream Trailers 125584 12090 Mier Bros. Landscape Products 04/07/2023 59.26 Maintenance Supplies 125585 14548 Eric Miller 04/07/2023 620.00 Cash for Grass - 343 Morro 125586 10097 Miners Hardware 04/07/2023 666.12 Maintenance Supplies 125587 11172 Mullahey Ford 04/07/2023 427.85 Vehicle Maintenance 125588 12199 Noble Saw, Inc 04/07/2023 278.97 Equipment Maintenance 125589 14343 ODP Business Solutions, LLC 04/07/2023 401.68 Office Supplies 125590 UB*00981 ROB OWEN 04/07/2023 2.53 Refund Check 014578-002, 350 OCEAN VIEW 125591 13381 Papich Construction Company, Inc. 04/07/2023 259,977.55 Bello Bridge Retention Release 125592 11337 Perry's Electric Motor & Controls, Inc. 04/07/2023 1,389.31 Motor Repair 125593 14550 Phillco 04/07/2023 36.95 Soft Water - Station 64 April 2023 125594 13197 Pioneer Americas, LLC 10728 04/07/2023 8,783.35 Sodium Hypochlorite 125595 14079 Clare Malone Prichard 04/07/2023 350.00 1st Qtr 2023 PC Meeting Attendance Stipend 125596 12335 Procare Janitorial Supply Inc 04/07/2023 3,081.12 Janitorial Supplies 125597 12436 S & S Worldwide 04/07/2023 2,015.60 Arts & Crafts for Rec Programs 125598 12108 Santa Maria Tire, Inc. 04/07/2023 1,363.64 Vehicle Maintenance 125599 14190 Santa Ynez Valley Elite Event Party Rentals 04/07/2023 867.90 July 4th 2023 Celebration Rentals 125600 13835 Lee Silva 04/07/2023 207.97 Reimb: Safety Boots FY23 125601 13913 Silvas Oil Co., Inc 04/07/2023 5,510.46 Diesel & Unleaded Fuel Deliveries 3/30/23 125602 UB*00979 SK3 HOMES, INC. 04/07/2023 149.70 Refund Check 018938-002, 132 VISTA DEL MAR #C 125603 10576 SLOCO Data, Inc 04/07/2023 231.66 Coloring Books for Collateral 125604 11412 Jennifer Franco Smith 04/07/2023 200.00 Portable Toilets - Chapman Estate March 2023 125605 UB*00989 MARY BELLE & TOM SNOW (T) 04/07/2023 83.98 Refund Check 018256-000, 286 ENCANTO 125606 12031 Stanley Convergent Security Solutions 04/07/2023 2,084.42 Maintenance & Monitoring - April 2023 & Quarterly Security & Fire Monitoring - Apr-June 2023 125607 14404 Sterling Higgins Construction 04/07/2023 19,000.00 Bond Release: 516/518 San Luis; 1190 Bello 125608 12630 SWCA Environmental Consultants 04/07/2023 6,723.48 Ocean Blvd Water Valve Archaeological Monitoring Feb 2023 125609 14262 The McClatchy Co., LLC 04/07/2023 1,041.01 Public Hearing Notice: Planning Commission 12/4/22, 12/30/22 & 2/28/23 125610 14015 The Pape` Group Inc. 04/07/2023 2,487.98 Equipment Maintenance 125611 13442 Thorn Run Partners 04/07/2023 4,500.00 Federal Lobbying Services April 2023 125612 13458 Urban Futures Inc. 04/07/2023 2,500.00 Computation of Rebate Requirement for Pier Project 6/7/17-6/7/22 125613 12622 USA Bluebook Acct: 82507 04/07/2023 138.34 WWTP Maintenance Supplies 125614 14095 Reed Van Rozeboom 04/07/2023 350.00 1st Qtr 2023 PC Meeting Attendance Stipend 125615 14115 Vanir Construction Mgmt, Inc. 04/07/2023 4,082.00 Owner's Rep & CM- Design/Build Safety Facility Feb 2023 125616 14549 Steve Walter 04/07/2023 1,200.00 Cash for Grass - 145 Limerick 125617 12527 Water Systems Consulting Inc 04/07/2023 275,279.83 CCB - PM- Permitting Final Design - Feb 2023 125618 13383 Zambelli Fireworks Mfg. Co. 04/07/2023 18,250.00 July 4th Fireworks Display - Deposit 125619 12897 Zero Waste USA 04/07/2023 10,403.26 Mutt Mitts Total:782,999.55$

9.B-4Council Agenda 5-2-2023
Attachment 2
Packet Page 15

City of Pismo Beach
Final Disbursement List Check Date 04/14/2023

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 11224 Richards, Watson, Gershon Attorneys At Law 04/14/2023 32.50$ Legal Fees - Feb 2023 125621 10434 Abalone Coast Analytical Inc 04/14/2023 180.00 Water Analysis 4/3/23 & 378 Palomar 125622 12433 Alpha Electrical Service Inc 04/14/2023 1,012.50 Electrical Service Call - Wells #23 and #5 125623 14551 AT&T UEI-E5FGYCH7UWL6 (PD) 04/14/2023 700.00 Phone Tracing - PD Investigation 3/1-3/23/23 125624 10269 Carquest Auto Parts 04/14/2023 240.82 Vehicle Maintenance 125625 10799 Lindsay Carter Coates 04/14/2023 188.00 Instructor: Yoga with Lindsay 3/1-3/29/23 125626 13531 Central Coast Party Factory LLC 04/14/2023 2,200.00 Bounce Houses - Easter Egg-Stravaganza 125627 11231 Coastal Peaks Coffee 04/14/2023 52.00 Coffee Supplies 125628 10667 Complete Paperless Solutions, LLC 04/14/2023 2,260.57 Laserfiche Licenses (3) 125629 14146 Pamela Ann Coslick 04/14/2023 80.00 Instructor: Tae Kwon Do 3/1-3/29/23 125630 12307 Department Of Justice 04/14/2023 96.00 Fingerprint Services - March 2023 125631 13785 David Doust 04/14/2023 4,500.00 Public Art: Stop Sign Pole 125632 10191 Nadia Feeser 04/14/2023 169.00 M&IE: CMTA Annual Conference and Strategic Planning 4/25-4/28/23 125633 10398 Liliana Graham 04/14/2023 414.40 Instructor: Ballroom Dance 3/6-3/27/23 125634 13588 Kenneth John Guge III 04/14/2023 176.00 Instructor: Central Coast Judo 2/1-3/29/23 125635 11977 Dan Hall 04/14/2023 442.40 Instructor: Yoga with Dan 3/1-3/29/23 125636 12649 Anthony Hernandez 04/14/2023 601.78 Hotel Reimb & M&IE: Investigating PC 187 case 3/31-4/2/23 125637 13385 IPS Group, Inc. 04/14/2023 270.13 Meter Maintenance 125638 13439 James Kenny 04/14/2023 251.00 M&IE: CRWA 2023 Expo 4/24-4/28/23 125639 11833 Keylock Security Specialists 04/14/2023 128.64 Keys for City Facilities 125640 10097 Miners Hardware 04/14/2023 524.35 Maintenance Supplies 125641 12070 Michelle Pearson 04/14/2023 194.70 Reimb: Snacks Cubit Fire Meeting 3/6-3/7/23 & Hotel AFSS Quarterly meeting 3/22-3/23/23 125642 12108 Santa Maria Tire, Inc. 04/14/2023 853.96 Vehicle Maintenance 125643 12680 Brandon Shea 04/14/2023 837.95 Reimb: CWEA Collection Cert Exam & Membership, T2 Cert Renewal, American Water College & M&IE: CRWA 2023 Expo 4/24-4/28/23 125644 14299 Natalia Stilleson 04/14/2023 90.00 Translation Services - Peachjar 125645 11323 Streator Pipe & Supply 04/14/2023 240.48 Airstream Maintenance 125646 13530 TCA Tools Inc 04/14/2023 992.65 Vehicle & Equipment Maintenance 125647 12991 TransUnion Risk and Alternative 04/14/2023 152.40 Investigative Services- 3/1 - 3/30/23 125648 12982 Ultrex Business Products 04/14/2023 156.46 PD Records Copier & Fax Usage March 2023 125649 10014 United States Postal Service 04/14/2023 290.00 Clam Chronicle Mailing Permit #2 Annual Fee 2023 125650 10507 V & V Manufacturing 04/14/2023 310.16 Badges 125651 14273 Shauna Wills 04/14/2023 300.00 1st Qtr 2023 PC Meeting Attendance Stipend 125652 12686 Mark Wilson 04/14/2023 251.00 M&IE: CRWA 2023 Expo 4/24-4/28/23 Report Total (33 checks):19,189.85$

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

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

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

No action required; information only.

BACKGROUND:

This report updates the City Council on the City of Pismo Beach’s monthly transactions of the City’s investment portfolio for the month ending January 31, 2023. California State Government Code Section 53607 states that if the authority of the legislative body to invest or reinvest funds for the City is delegated to the City Treasurer, the City Treasurer shall make a monthly report of those transactions to the legislative body.

The attached report includes all transactions of the City’s investments managed by the City, including funds invested in various securities and the City’s pooled funds invested in various financial instruments.
•Attachment 1 provides a summary of the City’s cash, investments, and monthly interest earnings based on book value as of January 31, 2023. •Attachment 2 provides details on the investment transactions for the General Fund Reserve and City Pooled Funds A (for deferred capital projects), including: purchases or deposits; sales, maturities, calls or withdrawals; and interest earnings. •Attachment 3 provides details of the monthly transactions by fund for City Pooled Funds B (for current year expenditures) for the month ending January 31, 2023.

FISCAL IMPACT:

No fiscal impact from the report itself—information only.

ALTERNATIVES:

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

ATTACHMENTS:

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

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

3.For City Pooled Funds B—Summary of monthly transactions by fund Prepared by: Vanessa Garris, Finance Manager Meeting Date: May 2, 2023 Submitted by: Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

9.C-1Council Agenda 5-2-2023
Packet Page 17

City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned January
2023
Actual Year-to-
Date Interest
Earned Ending
1/31/2023 * Data Sources
General Fund
Reserves
US Bank CDs/GASs/Corp/
Muni Bonds

2.01% avg 7,572,606$ 9,152$ 79,992$ 1 City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note

2.14% avg 29,675,171 22,143 299,658 1 Total All Securities 37,247,777$ 31,295$ 379,650$ City Pooled Funds - B US Bank Custody 0.00%-$ 350$ 2,129$ 1 City Pooled Funds - B Local Agency Invest.

Fund
State Investment
Pool

2.07%19,497,354 - 167,098 2
City Pooled Funds - B US Bank Checking 0.00%22,657,287 2,034 4,370 3 City Pooled Funds - B 42,154,641$ 2,384$ 173,597$ City Pooled Funds total A + B 71,829,812$ 24,528$ 473,255$ Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 Pier Project 421$ 1$ 421$ 4 Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 CREB's
Project
278 1 272 4 CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit
Trust Account
Various managed
by CalPERS
4,273,234$ -$ (38,838)$ 5 TOTAL, Cash and Investments at January 31, 2023:83,676,350$ 33,682$ 515,102$ TOTAL for City Managed Portfolio, Cash and Investments:79,402,418$ 33,680$ 553,247$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund 3 = Monthly reconciled bank statement from US Bank
4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments

9.C-2Council Agenda 5-2-2023
Attachment 1
Packet Page 18

CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
January 31, 2023

INVESTMENT ACTIVITY

PURCHASES OR DEPOSITS
01/23/23 Purchase Everett Co-Operative 245,000$
Total 245,000$

SALES, MATURITIES, CALLS OR WITHDRAWALS
No Activity -$
Total -$
ACTIVITY TOTAL 245,000$

INTEREST REVENUE

GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 9,152$

POOLED INVESTMENTS
Interest Earned on Investments 22,143$
TOTAL INTEREST EARNED 31,295$
Data Source: Monthly Download of Transactions from US Bank

9.C-3Council Agenda 5-2-2023
Attachment 2
Packet Page 19

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:1/31/2023 Bank Account Description Bank ID
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
General Checking US Bank 22,982,292$ 6,058,481$ (6,168,268)$ 29,782$ (245,000)$ 22,657,287$ LAIF LAIF 19,396,029 101,324 - - - 19,497,354 Total all Bank Accounts 42,378,321$ 6,159,805$ (6,168,268)$ 29,782$ (245,000)$ 42,154,641$ Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
General Fund
General Fund 1001-10101 15,179,636 2,438,168 (1,349,429) - - 16,268,375 General Fund-Reserve 1001-10105 182,744 9,224 - - - 191,967 Half Cent Sales Tax Fund 1002 3,268,369 (1,911,104) - - - 1,357,265 Special Revenue Funds
Gas Tax Fund 2001 219,869 (14,040) - - - 205,830 LTF - Streets 2002 461,154 (136,907) - - - 324,247 PEG Access Fund 2003 96,466 - (24,268) - - 72,198 Police Grant Fund 2004 399,760 (196,075) - - - 203,684 Housing In Lieu Fund 2005 2,215,772 659 - - - 2,216,431 LBID Fund 2006 2,217,776 129,088 (101,462) - - 2,245,402 Chapman House 2007 13,806 6,692 (2,475) - - 18,023 Capital Projects Funds
Capital Projects Fund 3001 (2,034,105) 4,045,962 (1,828,273) - - 183,584 Public Facilities Fund 3002 871 - - - - 871 Park Development Fund 3003 375,556 (61,190) (6,500) - - 307,866 Circulation Fund 3101 650,695 (48,281) - - - 602,414 Development Impact Fee Fund 3102 581,602 28,898 - - - 610,500 Developer Impact Fee Fund 3103 165,829 - - - - 165,829 Underground Utility Fund 3201 16,394 - - - - 16,394

9.C-4Council Agenda 5-2-2023
Attachment 3
Packet Page 20

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:1/31/2023 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
Debt Service Funds
Public Finance Authority Fund 4001 - - - - - - Public Finance Authority Fund 4002 - - - - - - Freeway Foothills AD Fund 4101 759 - - - - 759 Spyglass AD Fund 4102 12,628 - - - - 12,628 Indio-El Portal AD Fund 4112 733 - - - - 733 Visalia Street AD Fund 4113 100,281 - - - - 100,281 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 2,630,498 870,321 (1,207,887) - -2,292,931 Water Tax - Gragg Fund 6102-10102 - - - - - - Water Construction Fund 6103 609,623 10,449 (108) - - 619,964 Water Expansion Fund 6104 1,251,192 3,754 - - - 1,254,946 Wastewater Enterprise Fund 6201 3,525,186 389,485 (1,024,280) - - 2,890,391 Wastewater Construction Fund 6202 1,290,159 83,209 (30,437) - - 1,342,931 Wastewater Expansion Fund 6203 2,069,307 9,521 - - - 2,078,828 LTF - Transit Fund 6301 28,471 (75) - - - 28,396 Pier Operations Fund 6401 32,211 5,142 (3,737) - - 33,616 Parking Fund 6501 2,325,153 (9,082) (38,807) - - 2,277,264 Internal Service Funds
Technology Service Fund 7101 14,941 102,293 (114,754) - - 2,479 Motor Vehicle Fund 7201 3,258,306 (152,792) (48,825) - - 3,056,689 Trust & Agency Funds
SLO County TMD 8201 144,203 116,852 (145,721) - - 115,334 Control Funds
Payroll Control Fund 9301 839,847 1,136 (125,660) - - 715,323 Interest Control Fund 9302 2,116 103,359 - - - 105,474 Utility Billing Control Fund 9304 229,968 4,825 - - - 234,793 M/R Control Fund 9305 - - - - - - Total all cash funds 42,377,772 5,829,492 (6,052,623) - - 42,154,641

9.C-5Council Agenda 5-2-2023
Attachment 3
Packet Page 21

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:1/31/2023 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance

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

9.C-6Council Agenda 5-2-2023
Attachment 3
Packet Page 22

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:1/31/2023 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance

INVESTMENTS
Debt Service Funds
Public Fin Fiscal Agent-Pier 4002-10510 420 1 - - - 421 Public Fin Fiscal Agent-CREBs 4002-10515 277 1 - - - 278 Enterprise Funds
Water Fund Money Mrkt Csh 6101-10108 0 - - - - 0 Water Fund CD's 6101-10404 490,000 - - - - 490,000 Wtr Fund Federal Agencies 6101-10405 2,155,000 - - - - 2,155,000 Wtr Fund Corp Bond - Pooled 6101-10141 - - - - - - Water Construction Money Mkt 6103-10108 (0) - - - - (0) Water Construction 6103-10404 504,363 - - - - 504,363 Wastewater Fund Money Market 6201-10108 0 - - - - 0 Wastewater Fund CD's 6201-10404 490,000 - - - - 490,000 Wastewater Fund Fed Agencies 6201-10405 2,100,000 - - - - 2,100,000 WWtr Fund Corp Bond - Pooled 6201-10141 1,062,000 - - - - 1,062,000 Parking Enterprise Money Mrkt 6501-10108 (0) - - - - (0) Parking Fund Corp Bond-Pooled 6501-10141 500,000 - - - - 500,000 Parking Enterprise 6501-10404 1,225,000 - - - - 1,225,000 Parking Fund Federal Agencies 6501-10405 1,500,000 - - - - 1,500,000 Parking Fund Treasury Note 6501-10410 1,000,000 - - - - 1,000,000 Internal Service Funds
MVR Fund Money Mrkt Csh 7201-10108 0 - - - - 0 MVR Fund CD's 7201-10404 295,000 245,000 - - - 540,000 MVR Fund Federal Agencies 7201-10405 250,000 - - - - 250,000 CalPers Benefit Trust
OPEB Trust Account 8101-10408 4,273,234 - - - - 4,273,234 Total all Investments 41,276,707$ 245,002$ -$ -$ -$ 41,521,709$ Total all Funds 83,654,478$ 6,074,494$ (6,052,623)$ -$ -$ 83,676,350$

9.C-7Council Agenda 5-2-2023
Attachment 3
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.D
SUBJECT/TITLE:

APPROVAL OF THE FISCAL YEAR 2024 PAVING PROJECT FOR PROPOSED ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDING (SB1)
RECOMMENDATION:

Adopt a Resolution approving the 2022 Paving Project for proposed Senate Bill 1 Road Maintenance and Rehabilitation Account funding for Fiscal Year 2024 and making a Determination of Exemption under the California Environmental Quality Act.

BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill (SB) 1, which is known as the Road Repair and Accountability Act of 2017. SB 1 increases fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees to help address basic road maintenance, rehabilitation, and critical safety needs for state highway and local streets and roads.

Beginning November 1, 2017, the State Controller began depositing these revenues into local governments’ newly created Road Maintenance and Rehabilitation Account (RMRA).

So far, the City has received the $492,885 of RMRA funds through fiscal year (FY) 2022:

Fiscal Year RMRA Funds Received
FY 2018 $48,324
FY 2019 $150,978
FY 2020 $142,698
FY 2021 $150,885
FY 2022 $163,247
Total $656,132
The City is projected to receive $174,547 in FY 2023 of RMRA funds. The City anticipates another $198,948 in FY 2024 per the CaliforniaCityFinance.com RMRA Estimates as of January 2023. These funds are deposited in the City’s Gas Tax Fund RMRA account to support a budgeted street maintenance project. The California Transportation Commission (CTC) requests that cities and counties submit a Council-approved project list identified for proposed RMRA funding no later than July 1, 2023 to receive these funds in FY 2024. This project list must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.

Maintenance of Effort
The amount that each City receives is based on a portion of the average of General Fund and Half-Cent Sales Tax Fund costs spent on street repairs and maintenance as reported to the State Controller’s Office for FY 2010, FY 2011, and FY 2012. For the City of Pismo

9.D-1Council Agenda 5-2-2023
Packet Page 24

Beach, this amount has been calculated to be $558,874. This level of funding is the City’s Maintenance of Effort, or required annual funding, from discretionary funds for street projects. Staff have reviewed the budgets for FY 2024 and project that the City will meet this requirement. The 2022 Paving Project is included in the City of Pismo Beach’s budget as approved by the City Council on April 19, 2022.

Proposed Project for Road Maintenance and Rehabilitation Account Funding Staff has identified the 2022 Paving Project as a proposed project for RMRA funding. The 2022 Paving Project budget includes support from the RMRA funds. This project meets the eligibility requirements as described in State and Highways Code Section 2030(b)(1).

The 2022 Paving project (Project) is located on Mattie Road, Ocean Boulevard, Wadsworth Avenue, Price Street, Solar Way, Bluffs Trail, City Hall Parking Lot, and roadways in the neighborhood northeast of James Way feeding Ventana and Highland Drives and within the Las Ventanas del Mar development in Pismo Beach, California. The Project includes maintenance and rehabilitation of existing roadways, accessibility improvements, striping reconfiguration, and improving pedestrian and bicyclist safety.

Construction of the Project began in the summer of 2022 and is projected to be completed by November 30, 2024. And finally, the Project has a useful life ranging from 20 to 50 years.

Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) identifying the FY 2022 Paving project for proposed RMRA funding.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution is an additional $198,948 of funds to help offset the 2022 Paving project.

ALTERNATIVES:

1. Modify the project list; adopt the Resolution.

2. Do not adopt the Resolution.

ATTACHMENTS:

1. Resolution
Submitted by: Meeting Date: May 2, 2023
Nadia Feeser, Administrative Services Director
City Manager Approval:

9.D-2Council Agenda 5-2-2023
Packet Page 25

RESOLUTION NO. R-2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA APPROVING THE 2022 PAVING PROJECT FOR PROPOSED SENATE BILL 1 ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDING FOR FISCAL YEAR 2024 AND MAKING A DETERMINATION OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, beginning November 1, 2017, the State Controller began depositing these revenues into local governments’ newly created Road Maintenance and Rehabilitation Accounts (RMRA), including $656,132 from fiscal year (FY) 2018 through FY 2022, a projected $174,547 in FY 2023 and $198,948 in FY 2024 for the City of Pismo Beach; and
WHEREAS, the California Transportation Commission (CTC) requests that cities and counties submit a Council-approved project list identified for proposed RMRA funding no later than July 1, 2023 in order to receive these funds in FY 2024, and which the project list must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, staff has identified the 2022 Paving Project located on Mattie Road, Ocean Boulevard, Wadsworth Avenue, Price Street, Solar Way, Bluffs Trail, City Hall Parking Lot, and roadways in the neighborhood northeast of James Way feeding Ventana and Highland Drives and within the Las Ventanas del Mar development in Pismo Beach, California, as a proposed project for RMRA funding and this project meets the eligibility requirements as described in Streets and Highways Code Section 2030(b)(1); and WHEREAS, the 2022 Paving Project includes maintenance and rehabilitation to existing roadways, accessibility improvements, striping reconfiguration, and improving pedestrian and bicyclist safety; and

9.D-3Council Agenda 5-2-2023
Attachment 1
Packet Page 26

WHEREAS, the 2022 Paving project is estimated to be completed by November 30, 2024 and has a useful life ranging from 20 to 50 years; and
WHEREAS, the 2022 Paving Project is included in the City of Pismo Beach budget as approved by the Pismo Beach City Council on April 19, 2022; and WHEREAS, the proposed action is not a “project” as defined in the California Environmental Quality Act (CEQA), Public Resource Code Section 21065 and Section 15378 (b) (4) and (5) of the State CEQA Guidelines, because the proposed action is an organizational or administrative activity that will not result in direct or indirect physical change in the environment.

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

1.The City Council hereby approves the 2022 Paving Project (Project) for proposed RMRA funding for FY 2024;

2. The Project is located on Mattie Road, Ocean Boulevard, Wadsworth Avenue, Price Street, Solar Way, Bluffs Trail, City Hall Parking Lot, and roadways in the neighborhood northeast of James Way feeding Ventana and Highland Drives and within the Las Ventanas del Mar development in Pismo Beach, California;

3. The Project includes maintenance and rehabilitation to existing roadways, accessibility improvements, striping reconfiguration, and improving pedestrian and bicyclist safety;

3.Construction of the Project began in the summer of 2022 and is anticipated to be completed by November 30, 2024; and

4.The Project has a useful life ranging from 20 to 50 years;

5. The City Manager, or designee, is hereby authorized to submit the project list and application to the California Transportation Commission for any and all RMRA funds that may become available to the City and execute any and all documents necessary to implement and secure any and all such RMRA funds.

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 2nd day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

9.D-4Council Agenda 5-2-2023
Attachment 1
Packet Page 27

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

NOTICE OF COMPLETION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 3043, SOUTH SILVER SHOALS
RECOMMENDATION:

1. Accept the public improvements for Tract 3043 as complete and authorize the release of the improvement securities; and

2. Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion.

BACKGROUND:

Tract 3043, also known as South Silver Shoals, is a residential subdivision consisting of 10 townhouse lots, 9 single-family residential lots and a 1-acre public bluff top park (vicinity map included as Attachment 2). The Subdivision Improvement Agreement and Final Tract Map were approved by City Council on May 21, 2019 (R-2019-038).

As required by the Subdivision Improvement Agreement, the owner provided improvement securities to guarantee completion of the improvements, payment for labor and materials, and installation of the tract survey monuments. Since the public improvements are complete and survey monuments have been set, release of the improvement securities is warranted.

Conclusion and Recommendation
Staff recommends the City Council accept as complete the public improvements for Tract 3043, authorize the release of the improvement securities, and authorize the City Manager to execute the Notice of Completion (Attachment 1).

FISCAL IMPACT:

There are no immediate fiscal impacts associated with acceptance of the improvements.

Staff time for the project was paid by the Developer’s land development fees.

ALTERNATIVES:

1. Do not accept the public improvements; do not approve the Notice of Completion and provide staff with direction.

ATTACHMENTS:

1. Notice of Completion

2. Vicinity Map
Prepared by: Meeting Date: May 2, 2023
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

Council Agenda 5-2-2023 9.E-1
Packet Page 28

RECORDING REQUESTED BY:

WHEN RECORDED, RETURN TO:

CITY CLERK

CITY OF PISMO BEACH
760 MATTIE ROAD
PISMO BEACH, CA 93449

NO TRANSFERORS

This document is recorded for the benefit of the City of Pismo Beach, a Municipal Corporation, and is exempt from fee per Government Code Section 27383.

NOTICE OF COMPLETION AND ACCEPTANCE
FOR TRACT 3043

NOTICE IS HEREBY GIVEN by the City of Pismo Beach in the County of San Luis Obispo, State of California, as follows:

1. That on the 2nd of May 2023, the project hereunder described was considered completed and accepted by the City Council of the City of Pismo Beach.

2. That the description of said project is the construction of public improvements associated with Tract 3043, for the City of Pismo Beach.

3. That the name of the political subdivision controlling said project, and the owner of the land upon which the project was constructed, is the City of Pismo Beach, in the County of San Luis Obispo, State of California, whose address is 760 Mattie Road, Pismo Beach, CA 93449.

4. That the name of the owner/contractor on said project is Silver Shoals Investors, LLC, 760 Mattie Road, Ste. A1, Pismo Beach, CA 93449.

5. The name of the Surety on the project is Developers Surety and Indemnity Company, PO Box 19725, Irvine, CA 92623.

I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Date:

James R. Lewis, City Manager
Attest:

Erica Inderlied, City Clerk
Council Agenda 5-2-2023 9.E-2
Attachment 1
Packet Page 29

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Council Agenda 5-2-2023 9.E-3
Attachment 2
Packet Page 30

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

ACCEPTANCE OF GRANT FUNDS ALLOCATED BY THE FEDERAL EMERGENCY

MANAGEMENT AGENCY (FEMA) AND AUTHORIZATION OF PURCHASE OF SEVEN

ALL-BAND, PORTABLE RADIOS, AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2023
RECOMMENDATION:

Adopt a Resolution authorizing the acceptance of grant funds in the amount of $75,051 from the Federal Emergency Management Agency, and the purchase of seven all-band portable radios, P-25 compliant, and appropriating related budget adjustments in Fiscal Year 2023.

BACKGROUND:

In December of 2021, staff applied for an “Assistance to Firefighters” grant through the Federal Emergency Management Agency (FEMA) in the amount of $75,051 of which as a condition of the grant, the City must provide a 5% matching funds or $3,752. The all- band technology allows multiple agencies to communicate with each other during an incident. Lack of common communication during response and while at the incident can result in longer rescue times and decrease the effectiveness of ordering necessary resources when time is critical. Additionally, parts and service are no longer available for the existing models.

Staff was notified in February of 2023 that the City had been awarded the grant in the amount of $75,051, plus the City’s 5% matching funds, to be used to purchase portable radios that are P-25 compliant. A quotation for the purchase of the radios from Motorola Solutions for $74,627 is provided as Attachment 1.A.

Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the acceptance of grant funds in the amount of $75,051 from FEMA, the purchase of seven radios from Motorola Solutions, and the appropriation of related budget adjustments in Fiscal Year (FY) 2023.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution is an increase of $74,627 in expenditures in the General Fund Fire Department capital outlay for machine and equipment account, offset by $70,896 of FEMA grant revenues. The City’s 5% match of $3,731 would be supported by de-appropriating $3,731 from the General Fund Fire Department operating supplies and maintenance account and appropriating the $3,731 in the General Fund Fire Department capital outlay for machine and equipment account.

Staff recommends that Council accept the $70,051 of FEMA grant revenues and appropriate $70,896 in State government grant revenues in the General Fund Fire Council Agenda 5-2-2023 9.F-1
Packet Page 31

Department budget; appropriate $74,627 in the General Fund Fire Department capital outlay for machine and equipment account; and de-appropriate $3,731 from the General Fund Fire Department operating supplies and maintenance account, all in fiscal year 2023.

FY 2023 Proposed Appropriations in the General Fund Fire Department and Division
Sources
Appropriate FEMA grant revenues $70,896
Total Sources $70,896
Uses
Appropriate funds for purchase of seven (7) radios from Motorola Solutions $74,627 De-appropriate operating supplies & maintenance account (3,721) Total Uses $70,896
Remaining Budget $0
ALTERNATIVES:

1. Decline to adopt the resolution; reject the grant award.

2. Provide direction to staff.

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Quotes from Motorola Solutions Prepared by: Meeting Date: May 2, 2023
Michelle Pearson, Administrative Assistant
Submitted by: Paul Lee, Battalion Chief
City Manager Approval:

Council Agenda 5-2-2023 9.F-2
Packet Page 32

RESOLUTION NO. R-2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ACCEPTING GRANT FUNDS IN THE AMOUNT OF $75,051 FROM

THE FEDERAL EMERGENCY MANAGEMENT AGENCY, AND THE PURCHASE OF SEVEN ALL-BAND PORTABLE RADIOS, P-25 COMPLIANT, AND
APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2023 WHEREAS, the City was successful in its application for a Federal Emergency Management Agency (FEMA) Assistance to Firefighters grant which will be used to purchase seven all-band, portable radios; and
WHEREAS, the all-band technology allows multiple agencies to communicate with each other during an incident. Lack of common communication during response and while at the incident can result in longer rescue times and decrease the effectiveness of ordering necessary resources when time is critical; and
WHEREAS, the new radios will be placed on City of Pismo Beach fire apparatus and provide potential life-saving measures to residents of and visitors to Pismo Beach; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby accepts the grant funds of $75,051 from FEMA and authorizes the purchase a seven (7) all-band portable radios from Motorola Solutions in the amount of $74,627 (quotation provided as Exhibit A).

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $70,896 in State government grant revenues in the General Fund Fire Department budget; appropriates $74,627 in the General Fund Fire Department capital outlay for machine and equipment account; and de-appropriates $3,731 from the General Fund Fire Department operating supplies and maintenance account, all in fiscal year 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 2nd day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 5-2-2023 9.F-3
Attachment 1
Packet Page 33

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Council Agenda 5-2-2023 9.F-5
Attachment 1.A
Packet Page 35

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

ADOPTION (SECOND READING) OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH AMENDING SECTIONS 12.10.010, 12.10.030,

12.10.040, 12.10.050, 12.10.070, 12.10.070, 12.10.080, AND 12.10.120 OF THE PISMO

BEACH MUNICIPAL CODE REGARDING NEWSRACKS
RECOMMENDATION:

Adopt an Ordinance amending sections 12.10.010, 12.10.030, 12.10.040, 12.10.050,

12.10.070, 12.10.070, 12.10.080, and 12.10.120 of the Pismo Beach Municipal Code regarding newsracks.

BACKGROUND:

On November 16, 2021 the City Council adopted Ordinance O-2021-005 (codified in Chapter 12.10 of the Pismo Beach Municipal Code) establishing a permitting program for newsracks placed on or within public rights-of-way in the city of Pismo Beach. The newsrack program is designed to ensure a uniform design and aesthetic for newsracks in the City and to ensure the placement of newsracks in the City permits safe passage of pedestrians or vehicles, provides for safe and reasonable use of private property adjoining or in the vicinity of public rights-of-way, and does not obstruct or interfere with the use the public rights-of-way.

On April 18, 2023, a majority of the City Council voted to introduce an ordinance (Attachment 1) that will amend Sections 12.10.010, 12.10.030, 12.10.040, 12.10.050,

12.10.070, 12.10.070, 12.10.080, and 12.10.120 to clarify that under the newsrack program, applicants can seek a permit for their own newsrack meeting certain standards or a permit for a newsrack space in a City-owned newsrack.

The agenda report for the April 18, 2023 agenda item, which includes background and analysis, is provided as Attachment 2.

Recommendation
Staff recommends that the Council adopt an ordinance (Attachment 1) that will amend and clarify the City’s newsrack program and regulations. If the Council acts to adopt the Ordinance at this time, it will become effective by statute on June 1, 2023.

FISCAL IMPACT:

There is no fiscal impact associated with adoption of the proposed ordinance, as the ordinance merely clarifies the existing newsrack program and does not add new elements to the program.

Council Agenda 5-2-2023 9.G-1
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ALTERNATIVES:

1. Modify, and then introduce, the proposed Ordinance.

2. Do not introduce the Ordinance.

3. Provide staff with alternative direction.

ATTACHMENTS:

1. Ordinance as introduced

2. April 18, 2023 staff report
Submitted by: Erica Inderlied, City Clerk Meeting Date: April 18, 2023 City Manager Approval:

Council Agenda 5-2-2023 9.G-2
Packet Page 37

ORDINANCE NO. O-2023-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 12.10: NEWSRACKS, OF THE CITY OF PISMO

BEACH MUNICIPAL CODE, RELATING TO REGULATION OF NEWSRACKS WHEREAS, on November 16, 2021 the City Council adopted Ordinance O-2021-005 establishing a permitting program for newsracks placed on or within public rights-of-way in the City of Pismo Beach; and
WHEREAS, the City Council’s decision in adopting the newsrack ordinance was to avoid uncontrolled design, placement, installation, or maintenance of newsracks on and within the public rights-of-way to avoid interference with and obstruction of the use of public rights-of-way, safe passage of pedestrians or vehicles, and safe and reasonable use of private property adjoining or in the vicinity of public rights-of-way; and WHEREAS, to further the goals of the newsrack ordinance, promote uniform and coordinated newsracks and an orderly distribution of newsracks, the City purchased several newsracks for use by persons obtaining a permit under the newsrack ordinance; and
WHEREAS, certain amendments to the newsrack ordinance are needed to clearly address permits for newsrack spaces in city-owned newsracks.

NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:

SECTION 1.

The foregoing recitals are adopted as findings of fact in support of this ordinance.

SECTION 2.

Section 12.10.010 of the Pismo Beach Municipal Code is revised to read as follows:

12.10.010 Purpose.

This chapter establishes a permitting process, and sets standards to regulate design, placement, installation, or maintenance of newsracks in the city. This chapter sets regulations to ensure enforcement of these standards, and collection and payment of appropriate fees. Permits are required and may be issued for newsrack spaces in city-owned newsracks, or for privately owned newsracks. In its enactment of the ordinance to add this chapter to the Municipal Code, the City Council approved specific findings of fact related to the need, purpose and scope of this chapter. Those findings adopted by the City Council are incorporated by reference as though each was set forth in fully in this chapter.

Attachment 1
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SECTION 3.

Section 12.10.030 of the Pismo Beach Municipal Code is revised to read as follows:

12.10.030 Permit—required.

A. No person shall place, install, maintain, operate, or cause to be placed, installed, maintained, or operated a newsrack on, within, or projecting into a public right-of-way or public property, or use or place any material, including but not limited to publications, into a city-owned newsrack space, without first securing a permit from the city pursuant to this chapter.

B. An application for a permit required by this chapter shall be made at least twenty (20) business days prior to the placement of any newsrack or any material or publication in a city-owned newsrack space.

SECTION 4.

Section 12.10.040 of the Pismo Beach Municipal Code is revised to read as follows:

12.10.040 Permit application.

A. Applications for permits for newsrack(s) or city-owned newsrack space(s) shall be made to the City Manager.

B. Applications for newsrack(s) to be placed, installed, maintained, and operated by the applicant shall include the following:

1. The name, business name, address, and telephone number of the applicant;

2. The name, address, and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's newsrack;

3. A description, including a map and/or elevation diagram as appropriate, of the requested location(s) for the newsrack(s);

4. Specifications for the size, weight, dimensions, and appearance of the requested newsrack(s) and how the newsrack(s) will be secured;

5. The number of full newsrack spaces and half newsrack spaces in the newsrack.

C. Applications for a newsrack space in a city-owned newsrack shall include the following.

Attachment 1
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1. The name, business name, address, and telephone number of the applicant;

2. The name, address, and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's newsrack space;

3. The location of the existing newsrack into which the applicant wishes to locate;

4. Whether the requested newsrack space is a full newsrack space or half newsrack space;

5. Whether the requested newsrack space will include a payment mechanism.

D. There shall be an annual permit application fee for each newsrack and city- owned newsrack space in accordance with the master fee schedule adopted by the City Council. The annual permit application fee shall be set for each separate publication or other material to be placed in a newsrack space in a city-owned newsrack; a separate fee shall apply to each city- owned newsrack space, per full newsrack space and per half newsrack space. The fee for a newsrack permitted under this chapter shall be calculated by the number and type of newsrack spaces available in the newsrack.

SECTION 5.

Section 12.10.050 of the Pismo Beach Municipal Code is revised to read as follows:

12.10.050 Permit issuance—renewal.

A. Upon determination that an application meets the requirements of this chapter, the City Manager shall issue a permit for either (1) the placement of a publication or other material within a newsrack space in a city-owned newsrack, or the (2) placement, installation, operation, and maintenance of a newsrack by the applicant. Each permit issued shall be deemed to incorporate as a condition to the permitted activity, the requirement of the permittee to comply with all the provisions of this chapter.

B. Permits shall be limited and remain valid for one (1) year; annual renewal shall require a separate application, fee, and permit approval.

C. Permits shall not be transferrable from one location to another; permits shall not be assignable from one person or entity to another.

Attachment 1
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SECTION 6.

Section 12.10.070 of the Pismo Beach Municipal Code is revised to read as follows:

12.10.070 Liability indemnification.

Each person owning, installing, operating, maintaining, or using a newsrack or newsrack space (including a city-owned newsrack space) upon or within the public property, rights-of-way, or public easements adjacent to streets of this city, as a condition to such installation, operation, or use shall indemnify and hold harmless the city, its officers and employees from any loss, liability, damage, or cost sustained by any person or property, arising from the ownership, installation, operation, maintenance, or use of the newsrack or newsrack space.

SECTION 7.

Section 12.10.080 of the Pismo Beach Municipal Code is revised to read as follows:

12.10.080 Newsracks requirements.

A. Requirements for newsracks not owned by the city.

1. Placement of newsracks.
a. Each newsrack at a given location shall be part of a multi-unit modular configuration subject to standards set forth in this chapter. Each newsrack shall be located so as to maximize the public convenience, health, safety, and welfare, both as to accessibility to the newsracks and the use of the public right- of-way as a thoroughfare, and the aesthetic appearance of the area;
b. No newsrack shall be installed, used, or maintained in the public right-of-way in residential districts within the city; c. Newsracks shall be placed adjacent to the wall of a building or near a curb. Newsracks placed adjacent to the wall of a building shall be parallel to such wall and not more than six (6) inches from the wall. Newsracks placed near a curb shall be placed not less than eighteen (18) inches and no more than twenty-four (24) inches from the edge of the curb. The
newsrack shall face the sidewalk. The City Manager may
approve an exception to these locations for public access purposes;
d. No newsrack shall be placed, installed, used, or maintained:

Attachment 1
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i. Opposite another newsrack;

ii. Within five (5) feet of any marked or unmarked
crosswalk;

iii. Within five (5) feet of any fire hydrant or other
emergency facility;

iv. Within five (5) feet of any driveway;

v. Within five (5) feet of any bus bench or sign marking a designated bus stop;

vi. At any location whereby the clear space for the
passage of pedestrians is reduced to less than five (5) feet;

vii. Within two (2) feet of any area improved with lawn, flowers, shrubs, or trees or within two (2) feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere
with the reasonable use of such window for display
purposes;

viii. At any location, in the opinion of the Director of Public Works, where the newsrack causes, creates, or
constitutes a traffic hazard;

ix. At any location, in the opinion of the Director of Public Works, where the newsrack unreasonably obstructs or
interferes with access to or the use and enjoyment of
abutting property;

x. Where the newsrack will endanger persons or
property;

xi. Where, in the opinion of the Director of Public Works, the newsrack will unreasonably interfere with or
obstruct the flow of pedestrian or vehicular traffic or access to parked vehicles on a highway; or

xii. In any way that is contrary to the City of Pismo Beach Engineering Standards.

Attachment 1
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e. Placement of newsracks on the Pier and on lateral piers, boardwalks and promenades along the beach is prohibited because such placement would constitute an unreasonable interference to the flow of pedestrians and emergency
response vehicles in an areas where pedestrian and
emergency vehicle access is limited to the termini of these structures and limited-access stairs to the beach and where there is unsheltered exposure to wind and weather and
therefore constitutes a significant risk to the health and safety of the public.

2. Standards. Each newsrack which in whole or in part rests upon, in, or over any sidewalk or parkway shall comply with the following standards:

a. Each newsrack installed, used, or maintained on a public sidewalk or parkway, or portion thereof, shall be of the modular newsrack type specified by the Director of Public Works. Modular newsrack means a newsrack that is designed with at least two (2) newsrack spaces to accommodate the display, sale, or distribution of multiple newspapers or other written matter to the general public.

b. No newsrack shall exceed five (5) feet in height, three (3) feet in width, and three (3) feet in depth.

c. No newsrack shall be chained, bolted, or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object, including public signs, benches, fire hydrants, or other facilities in the right-of-way. Newsracks may only be attached to private property with the prior written permission of the owner of the private property.

d. No newsrack, or groups of attached newsracks allowed under this section, shall weigh, in the aggregate, in excess of five hundred (500) pounds when empty.

e. No newsrack shall be used for advertising signs or publicity purposes other than to state the name of the newspaper or periodical being sold and the price of such periodical. No exterior signs, stickers, or advertising shall be permitted, other than the available front clear portion of the newsrack space.

f. Each newsrack shall be designed and constructed so that wind action will not cause papers to be blown from the rack.

Attachment 1
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3. Installation and maintenance.

a. Stands for newsracks shall be either a supporting structure, constructed by the city, or a multi-unit pedestal. Such pedestal shall not exceed nineteen (19) inches in height.

b. Newsracks shall be painted a color designated by the City Manager.

c. Each newsrack and newsrack space shall be maintained by the permittee in a clean and neat condition, free of graffiti, dirt, stickers, grease, and corrosion, and in good repair at all times.

No newsrack or newsrack space shall be allowed to be
chipped, faded, or cracked or contain broken or cracked plastic, glass, or structural parts. Adhesive labels, other than city-issued markers, or adhesive labels related to publications in the newsrack or newsrack space, shall not be displayed on newsracks.

d. Each permittee is responsible for placement of publications or other materials within newsracks. All work undertaken shall be the sole responsibility of the permit holder. Damage resulting from the installation of the material into the newsrack shall be reported to the city immediately and repaired
immediately per city approval, at the expense of the permittee.

Failure to make required repairs may result in city staff undertaking efforts to make such repairs. The cost of repairs shall be chargeable as a civil debt to the permit holder, owner, or operator of the newsrack, and may be collected by the city in the same manner as it collects any other civil debt or obligation.

e. The installation of newsracks shall meet the same design concerns as identified for other encroachments in Section

12.32.130 of this Code.

B. Requirements for newsrack spaces in city-owned newsracks.

1. Each newsrack space shall be maintained by the permittee in a clean and neat condition, free of graffiti, dirt, stickers, grease, and corrosion, and in good repair at all times. Adhesive labels, other than city-issued markers, or adhesive labels related to publications in the newsrack or newsrack space, shall not be displayed on newsracks.

2. Each permittee is responsible for placement of publications or other materials within the permitted newsrack space. All work undertaken Attachment 1
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shall be the sole responsibility of the permit holder, including installation and maintenance of any payment mechanism desired by the permit holder. Damage resulting to the newsrack space, other than usual wear and tear, shall be reported to the city immediately and repaired immediately per city approval, at the expense of the permittee. Failure to make required repairs may result in city staff undertaking efforts to make such repairs. The cost of repairs shall be chargeable as a civil debt to the permit holder, owner, or operator of the newsrack, and may be collected by the city in the same manner as it collects any other civil debt or obligation.

C. Newsrack location limits. In general, the number of newsracks at a particular corner, intersection, or other location shall not exceed ten (10) full newsrack spaces, including any city-owned newsracks. Any exception to this limit resulting in an increase in the number of authorized newsrack spaces at any particular location shall be determined by the City Manager subject to the following standards:

1. Whether sufficient clear space for the safe passage of pedestrians requiring amendment of the preceding limitation of five (5) feet;

2. Whether the width of the sidewalk prohibits the installation of newsracks;

3. Whether density of pedestrian traffic or vehicular traffic, or the need to access parked vehicles, necessitates fewer newsracks than the number requested. It is the purpose of this section to provide maximum public access to all publications of general interest and circulation.

SECTION 8.

Section 12.10.120 of the Pismo Beach Municipal Code is revised to read as follows:

12.10.120 Nuisance/cumulative remedies.

A. The placement, installation, operation, maintenance, or use of any newsrack or newsrack space in violation of this chapter shall be, and the same is declared to be, a public nuisance. This chapter shall not be deemed a limitation upon any other remedies of the city authorized by law with respect to the matter herein specified.

B. In addition to any and all remedies set forth herein in connection with violations of this chapter, any violation of this chapter shall be punishable pursuant to Chapter 1.24 of this Code.

Attachment 1
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SECTION 9.

Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.

SECTION 10.

This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.

SECTION 11.

This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.

SECTION 12.

The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.

Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.

NTRODUCED at a regular meeting of the City Council held this 18th day of April, 2023, on motion of Council Member Guthrie, seconded by Council Member Newton, and on the following roll call vote, to wit:

AYES: 5 Guthrie, Newton, Inman, Reiss, Waage
NOES: 0
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Attachment 1
Council Agenda 5-2-2023 9.G-11
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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2023, on motion of Council Member , seconded by Council Member , and on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
Attachment 1
Council Agenda 5-2-2023 9.G-12
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A
SUBJECT/TITLE:

INTRODUCTION (FIRST READING) OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH AMENDING SECTIONS 12.10.010, 12.10.030,

12.10.040, 12.10.050, 12.10.070, 12.10.070, 12.10.080, AND 12.10.120 OF THE PISMO

BEACH MUNICIPAL CODE REGARDING NEWSRACKS
RECOMMENDATION:

Introduce an Ordinance amending sections 12.10.010, 12.10.030, 12.10.040, 12.10.050,

12.10.070, 12.10.070, 12.10.080, and 12.10.120 of the Pismo Beach Municipal Code regarding newsracks.

BACKGROUND:

On November 16, 2021 the City Council adopted Ordinance O-2021-005 (codified in Chapter 12.10 of the Pismo Beach Municipal Code) establishing a permitting program for newsracks placed on or within public rights-of-way in the city of Pismo Beach. The newsrack program is designed to ensure a uniform design and aesthetic for newsracks in the City and to ensure the placement of newsracks in the City permits safe passage of pedestrians or vehicles, provides for safe and reasonable use of private property adjoining or in the vicinity of public rights-of-way, and does not obstruct or interfere with the use the public rights-of-way.

To further these goals, the City purchased several newsracks that it will install at locations in the City suitable for newsracks. The spaces in City-owned newsracks will be available to the public on a first-come, first-serve basis upon successful application for a permit under Chapter 12.10 of the Pismo Beach Municipal Code.

As currently enacted, the newsrack program provides for permits for newsrack spaces but does not clearly state that such spaces are located in City-owned newsracks. The Ordinance amends Sections 12.10.010, 12.10.030, 12.10.040, 12.10.050, 12.10.070,

12.10.070, 12.10.080, and 12.10.120 to clarify that under the newsrack program, applicants can seek a permit for their own newsrack meeting certain standards or a permit for a newsrack space in a City-owned newsrack.

Staff has sent a notice to all publications who currently have news racks within the City right-of-way to inform them of the Ordinance and procedures for securing a permit in the new newsracks. The new newsracks will be installed by Public Works staff toward the end of April/beginning of May 2023.

Conclusion and Recommendation
Staff recommends that the City Council introduce an Ordinance (Attachment 1) making amendments to the Municipal Code to clarify the City’s existing newsrack regulations. If the Council acts to introduce the Ordinance as recommended, it will be returned for

12.A-1Council Agenda 4-18-2023
Attachment 2
Council Agenda 5-2-2023 9.G-13
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adoption at the next available meeting and will become effective by statute 30 days thereafter.

FISCAL IMPACT:

There is no fiscal impact associated with adoption of the proposed ordinance, as the ordinance merely clarifies the existing newsrack program and does not add new elements to the program.

ALTERNATIVES:

1. Modify, and then introduce, the proposed Ordinance.

2. Do not introduce the Ordinance.

3. Provide staff with alternative direction.

ATTACHMENTS:

1. Draft Ordinance
Prepared by: Chelsea O’Sullivan,Meeting Date: April 18, 2023 Assistant City Attorney
Submitted by: Benjamin A. Fine, Public Works Director/City Engineer City Manager Approval:

12.A-2Council Agenda 4-18-2023
Attachment 2
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.H

SUBJECT/TITLE:

ACCEPTANCE OF CALIFORNIA COASTAL COMMISSION MODIFICATIONS TO THE

MUNICIPAL CODE ASSOCIATED WITH TWO-UNIT RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLITS IN COMPLIANCE WITH SENATE BILL 9, INCLUDING

ADOPTION (SECOND READING) OF AN ORDINANCE REPEALING AND REPLACING ORDINANCE O-2022-001

RECOMMENDATION:

Adopt an Ordinance repealing and restating Chapter 17.119 Two-Unit Residential Development and Urban Lot Splits to Title 17 (1983 Coastal Zoning Code) of the Pismo Beach Municipal Code, relating to urban lot splits and two-unit residential development built in accordance with Senate bill 9, repealing Ordinance O-2022-001, and making a determination of exemption under the California Environmental Quality Act (CEQA).

BACKGROUND:

On March 1, 2022, the City Council adopted Ordinance O-2022-001, adding Chapter

17.119 to the Municipal Code relating to two-unit residential development and urban lot splits authorized under Senate Bill (SB) 9. The ordinance was then forwarded to the California Coastal Commission for consideration and determination of consistency with the Coastal Act.

On March 8, 2023, the Coastal Commission took action on the submittal and approved the Implementation Plan (IP) amendments, subject to the City’s approval of suggested modifications (LCP Amendment No. LCP-3-PSB-22-0012-1).

On April 18, 2023, a majority of the City Council voted to introduce an ordinance (Attachment 1) will repeal Ordinance No. O-2022-001, which adopted the prior SB 9 regulations, in its entirety, and replace it with regulations reflecting the Coastal Commission’s modifications.

The agenda report for the April 18, 2023 agenda item, which includes background and analysis, is provided as Attachment 2.

Recommendation
Staff recommends that the City Council adopt an Ordinance (Attachment 1) repealing and replacing Ordinance O-2022-001 with the modifications recommended by the California Coastal Commission. If the Council acts to adopt the Ordinance at this time, it will become effective by statute on June 1, 2023.

FISCAL IMPACT:

There is no fiscal impact associated with adoption of the proposed regulations.

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ALTERNATIVES:

1. Modify, and then introduce, the proposed Ordinance.

2. Do not introduce the Ordinance.

3. Provide staff with alternative direction.

ATTACHMENTS:

1. Ordinance as introduced

2. April 18, 2023 staff report
Submitted by: Erica Inderlied, City Clerk Meeting Date: April 18, 2023 City Manager Approval:

Council Agenda 5-2-2023 9.H-2
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ORDINANCE NO. O-2023-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA REPEALING AND RESTATING CHAPTER 17.119 TWO-UNIT RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLITS TO TITLE 17 (1983

COASTAL ZONING CODE) OF THE PISMO BEACH MUNICIPAL CODE, RELATING

TO URBAN LOT SPLITS AND TWO-UNIT RESIDENTIAL DEVELOPMENT BUILT IN ACCORDANCE WITH SENATE BILL 9, REPEALING ORDINANCE O-2022-001, AND

MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, on September 16, 2021 California Governor Gavin Newsom signed Senate Bill (SB) 9, entitled the “California Home Act,” into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single-family residential zones as outlined in California Government Code Section 65852.21 and 66411.7; SB 9 took effect on January 1, 2022; and
WHEREAS, SB 9 requires cities to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two-unit or subdivision project meets certain statutory criteria; SB 9 specifies, subject to certain exceptions, that proposed projects and subdivisions cannot be proposed in prohibited locations under California Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law and that SB 9 shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act; and
WHEREAS, SB 9 further restricts the standards and regulations that local agencies may impose on qualifying two-unit or subdivision projects; In addition, SB 9 permits a local agency to deny a proposed two-unit or subdivision project only if the agency makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute; and
WHEREAS, some parcels within the city of Pismo Beach are also within the Coastal Zone, others are in locations where increased density may cause safety concerns due to limited ingress and egress from the neighborhood; The City has substantial interests in protecting the coastal access and promoting safety in development projects; Unregulated or disorderly development represents an ever-increasing and true threat to the health, welfare, and safety of the community; and
WHEREAS, SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill’s provisions, and to adopt an Attachment 1
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ordinance to implement its provisions; The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community; The City of Pismo Beach desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City’s single-family residential zones; and
WHEREAS, the City Council finds that under the City’s current zoning standards and current general plan policies, the approval of qualifying urban lot splits and residential developments pursuant to SB 9 might cause a disproportionate public health, safety, and welfare impact to the city of Pismo Beach community and to its residents—including potential detrimental impacts on coastal resources and access, safety, and emergency response in high fire zones—without compensating benefits to the community; and WHEREAS, the City Council finds it necessary to impose additional objective standards consistent with SB 9 to ensure coastal access and address potential safety concerns; and WHEREAS, the Planning Commission held a duly noticed public hearing on January 25, 2022, at which time it heard public input, considered the drafted amendments to the City’s regulations, and recommended the City Council approve the amendments; and WHEREAS, the City Council of the City of Pismo Beach adopted Ordinance No. O-2022- 001 on March 1, 2022, for the above stated purpose, adding Chapter 17.119 to the Pismo Beach Municipal Code; and
WHEREAS, the California Coastal Commission on March 8, 2023, took action on the submittal and accepted the City of Pismo Beach LCP Amendment No. LCP-3-PSB-22- 0012-1, subject to acceptance of proposed administrative modifications; and WHEREAS, the City Council held a duly-noticed public hearing on April 18, 2023, at which all interested persons were given the opportunity to be heard on the required changes for certifications of LCP-3-PSB-22-0012-1 (SB 9); and
WHEREAS, the City Council accepts the modifications approved by the California Coastal Commission for LCP-3-PSB-22-0012-1 (SB 9).

NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:

SECTION 1.

The foregoing recitals are adopted as findings of fact in support of this ordinance.

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SECTION 2.

Chapter 17.119 of the Pismo Beach Municipal Code entitled Two-Unit Residential Development and Urban Lot Splits is hereby repealed and replaced in its entirety as follows:

Chapter 17.119 TWO-UNIT RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLITS

17.119.010 Purpose and intent.

This chapter is intended to:

A. Preserve, protect, and enhance the character of the city’s different residential neighborhoods;

B. Provide for and regulate urban lot splits and two-unit residential development in a manner consistent with the requirements of Senate Bill 9;

C. Continue to protect coastal resources and allow and protect coastal access;

D. Promote and ensure safe development in high fire zones.

17.119.020 Definitions.

For the purposes of this chapter, terms shall be defined as follows:

A. “Accessory dwelling unit” has the same meaning ascribed in Section

17.117.030(A) of this Code.

B. “Junior accessory dwelling unit” has the same meaning ascribed in Section

17.117.030(J) of this Code.

C. “Existing structure” means an original dwelling on the property.

D. “SB 9” or “Senate Bill 9” means the state law approved by the Governor on September 16, 2021, amending California Government Code Section 66452.6 and adding California Government Code Section 65852.21 and 66411.7.

E. “Two-residential unit development” means a housing development containing no more than two (2) residential units within a single-family residential zone permitted pursuant to the regulations set forth in SB 9.

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F. “Unit” means any dwelling unit or units created pursuant to California Government Code Section 66452.21, an existing structure, a primary dwelling unit, an accessory dwelling unit or a junior accessory dwelling unit.

G. “Urban lot split” means a parcel map subdivision permitted pursuant to the regulations set forth in SB 9 that creates no more than two (2) parcels of approximately equal size.

17.119.030 Applicability; Ministerial compliance review.

A. This chapter shall apply to all two-residential unit developments and urban lot splits proposed for lots in R-1 (Single Family Residential) zones pursuant to the regulations set forth in SB 9. Except as expressly provided in this chapter or SB 9, all other regulations of the underlying zone of a property developed pursuant to SB 9, including all applicable regulations from the Pismo Beach Municipal Code, shall apply.

B. Required Approvals.

1. All two-residential unit developments and urban lot splits outside the Coastal Zone shall be required to obtain zoning clearance and a building permit and shall be subject to ministerial review by the Community Development Director or designee to determine whether the criteria for approval have been met. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met.

2. Projects in the Coastal Appeal Zone shall be required to obtain a coastal development permit and a building permit. The requirement for public hearing is hereby waived. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met.

Action on a project is final, unless appealed to the California Coastal Commission within ten (10) days of the Coastal Commission’s receipt of the notice of final action.

3. Projects in the Coastal Zone, Non-Appealable, shall be required to obtain a coastal development permit and a building permit. The requirement for public hearing is hereby waived. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met.

4. For two-residential unit developments and urban lot splits in the Coastal Zone, Appealable or Non-Appealable, for which a public hearing requirement has been waived pursuant to this subsection, at Attachment 1
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least ten (10) calendar days prior to the issuance of a coastal development permit, the City shall provide notice by first class mail of the pending application for development. This notice shall be provided to the persons, and contain the information, identified in Section 17.124.090 of this Code for appealable and non-appealable developments, as applicable.

C. All applicants for a two-residential unit development or an urban lot split shall submit an application including:

1. A sworn statement affirming eligibility under SB 9 regulations;

2. All materials required by the Community Development Director;

3. Applicants for an urban lot split shall, in addition, sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three (3) years from the date of the approval of the urban lot split. Provided, however, this provision shall not apply to an owner that is a community land trust or qualified nonprofit corporation as those terms are defined and described in California Revenue and Taxation Code Sections 402.1 and 214.15, respectively;

D. The City may, at the applicant’s expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement.

17.119.040 General requirements.

An applicant seeking approval of a two-residential unit development or urban lot split shall:

A. Comply with SB 9; all objective requirements of other applicable state law including the Subdivision Map Act; the Coastal Act and the City of Pismo Beach Local Coastal Program; the Pismo Beach Municipal Code, including Title 17 and Title 16, except as expressly provided in SB 9, or in this chapter; and all objective standards of this chapter.

B. Execute and record a covenant, supplied by the City and subject to the approval of the City Attorney or designee, that contains the following provisions:

1. Non-residential uses are prohibited on the property subject to development under SB 9 and this chapter;

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2. Rental or leasing of any unit or units on the property for a period of thirty (30) days or less is prohibited;

3. Ongoing compliance with SB 9 requirements and restrictions is required;

4. Access to the public right-of-way shall be maintained in perpetuity;

5. All required parking shall be maintained;

6. If the applicant is seeking approval of an urban lot split, any subsequent urban lot split of the property is prohibited.

17.119.050 Parking.

All two-residential unit developments and urban lot splits shall comply with the following objective standards for parking:

A. One (1) enclosed or partially enclosed parking space is required for each unit created pursuant to the regulations in SB 9 and this chapter and such parking space shall be located on the same parcel as the unit.

B. Parking required for a unit created pursuant to SB 9 and this chapter is in addition to any parking required for the existing structure, should it remain on the property. If an existing garage, carport, or other parking is converted or demolished in order to construct the new unit, the required parking space(s) that are displaced shall be replaced on the same property to satisfy the parking requirements of the existing structure.

C. Exceptions. Additional parking spaces required under Subsection

17.119.050.A of this Code shall not be required for units developed pursuant to SB 9 and this chapter if the property upon which the unit is created meets one or more of the following criteria:

1. Is within one-half (1/2) mile walking distance of a high-quality transit corridor, as defined in California Public Resources Code Section 21155e, or a major transit stop, as defined in California Public Resources Code Section 21064.3, or

2. There is a car share vehicle located within one (1) block of the project.

D. Parking in the Coastal Zone.

1. For units in the Coastal Zone, the parking standards set forth in Section 17.119.050 A–C above shall apply except that due to the Attachment 1
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number of individuals that visit the Pismo Beach coast, and to comply with Public Resources Code Section 30001.5(c) and the California Coastal Act, the requirements of paragraphs (2) and (3) below shall apply to properties meeting all of the following:

a. Property located within the Coastal Zone;

b. Property located west of U.S. Route 101; and

c. Located within one-quarter mile (1,320 feet) walking distance of one of the following:

i. A vertical access point to the beach;
ii. A segment of the Coastal Trail;
iii. A coastal park; or
iv. A coastal view area.

2. One (1) off-street parking space is required for each studio and one- bedroom unit created pursuant to the regulations in SB 9 and this chapter and such parking space shall be located on the same parcel as the unit.

3. Two (2) off-street parking spaces are required for each two-bedroom or larger unit created pursuant to the regulations in SB 9 and this chapter and such parking space shall be located on the same parcel as the unit.

E. Required off-street parking may be provided as tandem parking on an existing driveway provided all requirements in subsection 17.108.030.A.7.a are met.

F. Each required parking space shall meet the following standards:

1. Each parking space shall have minimum dimensions of nine (9) feet by twenty (20) feet.

2. All parking spaces shall be located behind existing or future sidewalk, or other public right-of-way.

3. All parking spaces shall be located on an all-weather surface as approved by the City Engineer or designee (e.g., hardscape, gravel) and be accessed by a driveway apron or curb cut.

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17.119.060 Development standards.

All two-residential development units and urban lot splits shall comply with the following objective development standards:

A. Driveways.

1. A driveway may be shared by not more than two (2) units and no more than two (2) lots.

2. More than one (1) driveway per lot is prohibited on lots with less than 60 feet of public street frontage.

B. Setback Requirements. All units in a two-residential unit development and/or on an urban lot split shall comply with the setback standards for R-1 zones and be subject to environmental buffers and constraints under the Coastal Act and Local Coastal Program. Provided, however, no setback shall be required for an existing structure or structure constructed in the same location and to the same dimensions as the existing structure, unless otherwise identified in the City’s Local Coastal Plan in order to protect coastal resources (e.g., bluff, wetland, stream, Environmentally Sensitive Habitat Areas setbacks).

C. Occupancy.

1. Non-residential uses on the property subject to a two-residential unit development or an urban lot split are prohibited.

2. Short-Term Rental Prohibited. A short-term rental use of thirty days or less shall not be permitted in units developed pursuant to SB 9 and this chapter. Units developed pursuant to SB 9 and this chapter shall be occupied for terms longer than thirty (30) days.

D. Height. Height of a unit developed pursuant to SB 9 and the chapter shall be no greater than permitted in R-1 zones and shall be consistent with the City’s Local Coastal Plan in order to protect coastal resources.

E. Lot Coverage and Maximum Building Areas. Lot coverage and maximum building areas shall comply with the applicable standard for R-1 zones, except as provided in Section 17.119.070.

F. No accessory dwelling unit or junior accessory dwelling unit shall be permitted on a parcel subject to an urban lot split under this chapter and also improved with a two-residential unit development under this chapter.

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G. Two-residential unit developments and urban lot splits are not permitted on parcels located in the R-1 zone above the intersection of Longview Avenue and Stratford Street in the Pismo Heights planning area due to being in very high fire hazard severity zones, as determined by the California Department of Forestry and Fire Protection pursuant to California Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the California Department of Forestry and Fire Protection pursuant to California Public Resources Code Section 4202 and is coextensive with traffic flow and public safety concerns as this area has only one ingress and egress.

H. More than twenty-five (25) percent of the exterior structural walls of the existing structure shall not be demolished if the existing structure has been occupied by a tenant in the three (3) years prior to the submission of an SB 9 Development Project application.

I. An urban lot split shall comply with SB 9 and the following standards:

1. No lot resulting from an urban lot split shall be smaller than one thousand two hundred (1,200) square feet.

2. No lot resulting from an urban lot split shall have more than two (2) residential units inclusive of any accessory dwelling unit or junior accessory dwelling unit.

3. The two lots resulting from an urban lot split shall be approximately equal, and no smaller than forty (40) percent or larger than sixty (60) percent of the lot area of the original parcel.

4. No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a corner, or on a through lot.

5. The width of any lot resulting from an urban lot split shall not be less than twenty (20) feet wide.

6. The proposed parcel map shall demonstrate ability to access the public right-of-way in perpetuity.

J. Two-residential unit developments and urban lot splits permitted on parcels located in the R-1 zone shall be consistent with all applicable provisions of the City’s Local Coastal Program, including necessary setbacks from coastal bluffs and other coastal hazards to be safe from the threat of bluff erosion for a minimum of one hundred (100) years pursuant to Section

17.078.050 of this Code, and shall be consistent with the following criteria:

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1. The two-residential unit development or urban lot split is designed to minimize risks to life and property in areas of geologic and flood hazard;

2. The two-residential unit development or urban lot split is designed to assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area;

3. The two-residential unit development or urban lot split does not require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs;

4. The two-residential unit development or urban lot split is sited and designed to prevent significant degradation of adjacent sensitive habitats and recreation areas;

5. The two-residential unit development or urban lot split is sited and designed to maintain coastal resources and public access to coastal resources.

K. The creation of new building sites, lots, or parcels pursuant to this chapter is prohibited in areas subject to coastal hazards, or in the area necessary to ensure a stable building site for the minimum 100-year lifetime.

17.119.070 Exceptions.

The Community Development Director shall approve an exception to any of the standards specified in this chapter, other than those required for compliance with the Coastal Act and Local Coastal Program, upon determining that complying with the standards would physically preclude the construction of up to two (2) residential units per lot or would physically preclude either of the two residential units from being eight hundred (800) square feet in floor area.

17.119.080 Denial.

The Building Official or Community Development Director may deny an application for a two-residential unit development or an urban lot split upon making both the following findings in writing based on a preponderance of the evidence:

A. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in California Government Code Section 65589.5(d)(2).

B. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

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SECTION 3.

Ordinance O-2022-001 is hereby repealed in its entirety.

SECTION 4.

Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption of the regulations contained herein, the activity is not subject to CEQA. Furthermore, this ordinance is exempt from CEQA pursuant to Government Code Section 65852.21(j) effective January 1, 2022.

SECTION 5.

This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.

SECTION 6.

This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.

SECTION 7.

The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.

Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.

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INTRODUCED at a regular meeting of the City Council held this 18th day of April, 2023, on motion of Council Member Guthrie, seconded by Council Member Newton, and on the following roll call vote, to wit:

AYES: 5 Guthrie, Newton, Inman, Reiss, Waage
NOES: 0
ABSENT: 0
ABSTAIN: 0
RECUSED: 0

Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

ADOPTED at a regular meeting of the City Council held this day of , 2023, on motion of Council Member , seconded by Council Member , and on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

APPROVED AS TO FORM:

______________________________
David M. Fleishman, City Attorney
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #11.A
SUBJECT/TITLE:

ACCEPTANCE OF CALIFORNIA COASTAL COMMISSION MODIFICATIONS TO THE

MUNICIPAL CODE ASSOCIATED WITH TWO-UNIT RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLITS IN COMPLIANCE WITH SENATE BILL 9, INCLUDING

INTRODUCTION
),567 5($',1*
OF AN ORDINANCE REPEALING AND
REPLACING ORDINANCE O-2022-001
RECOMMENDATION:

Introduce an Ordinance repealing and restating Chapter 17.119 Two-Unit Residential Development and Urban Lot Splits to Title 17 (1983 Coastal Zoning Code) of the Pismo Beach Municipal Code, relating to urban lot splits and two-unit residential development built in accordance with Senate bill 9, repealing Ordinance O-2022-01, and making a determination of exemption under the California Environmental Quality Act (CEQA).

BACKGROUND:

On March 1, 2022, the City Council adopted Ordinance O-2022-001, adding Chapter

17.119 to the Municipal Code relating to two-unit residential development and urban lot splits authorized under Senate Bill (SB) 9. The ordinance was then forwarded to the California Coastal Commission for consideration and determination of consistency with the Coastal Act.

On March 8, 2023, the Coastal Commission took action on the submittal and approved the Implementation Plan (IP) amendments with suggested modifications (LCP Amendment No. LCP-3-PSB-22-0012-1). This approval is subject to the City’s acceptance of these modifications to the IP.

The suggested modifications to the IP consist of some administrative changes for consistency with the remainder of the IP, and changes clarifying that development under the City’s regulations implementing SB 9 are located appropriately with regard to coastal hazards as described below and reflected in the draft revised Ordinance provided as Attachment 1:

1. Modify IP Section 17.119.060 Development Standards as follows:

J. Two-residential unit developments and urban lot splits permitted on parcels located in the R-1 zone shall be consistent with all applicable provisions of the City’s Local Coastal Program, including necessary setbacks from coastal bluffs and other coastal hazards to be safe from the threat of bluff erosion for a minimum of one hundred years pursuant to Section 17.078.050, and shall be consistent with the following criteria: are not permitted on parcels located in the R-1 zone in areas determined by the Community Development Director to be vulnerable to sea-level rise unless such urban lot split or two-residential unit

11.A-1Council Agenda 4-18-2023
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development is consistent with applicable provisions of the Coastal Act and meets the following criteria:

2. Modify IP Section 17.119.060 Development Standards to add a new Subsection as follows:

K. The creation of new building sites, lots, or parcels pursuant to this chapter is prohibited in areas subject to coastal hazards, or in the area necessary to ensure a stable building site for the minimum 100-year lifetime.

The Ordinance provided as Attachment 1 will repeal Ordinance No. O-2022-001, which adopted the prior SB 9 regulations, in its entirety, and replace it with regulations reflecting the Coastal Commission’s modifications.

City staff reviewed the proposed modifications and any potential issues related to the modified language added to the Zoning Code. After discussions with Coastal staff on the proposed modifications, City staff concurs that the modifications are relatively minor and will serve to ensure clarity of development standards into the future.

Conclusion and Recommendation
Staff recommends that the City Council introduce an Ordinance (Attachment 1) repealing and replacing Ordinance O-2022-001 with the modifications recommended by the California Coastal Commission. If the Council acts to introduce the Ordinance as recommended, it will be returned for adoption at the next available meeting and will become effective by statute 30 days thereafter.

FISCAL IMPACT:

There are no immediate fiscal impacts as a result of this request.

ALTERNATIVES:

1. Provide staff with alternative direction.

ATTACHMENTS:

1. Ordinance
Submitted by: Meeting Date: April 18, 2023
Matthew Downing, Community Development Director
City Manager Approval:

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

INTRODUCTION (FIRST READING) OF AN ORDINANCE MODIFYING CHAPTER 5.22 OF TITLE 5 OF THE PISMO BEACH MUNICIPAL CODE REGARDING SHORT-TERM

RENTALS
RECOMMENDATION:

Introduce an Ordinance amending Chapter 5.22 of Title 5 of the Pismo Beach Municipal Code relating to administrative regulations of short-term rentals and homestays.

BACKGROUND:

On June 21, 2022, the City Council adopted Urgency Ordinance O-2022-005 imposing a moratorium on the issuance of short-term rental (STR) licenses to allow time for the development of regulations to address neighborhood complaints resulting from the operation of STRs in Pismo Beach. On August 2, 2022, the City Council adopted Urgency Ordinance O-2022-007, extending the moratorium until June 20, 2023 in accordance with Government Code provisions relating to urgency land use ordinances. The City’s existing STR regulations were industry leading for coastal cities at the time of adoption in 2018.

Since that time, the STR environment has evolved, consistent neighborhood complaints have been voiced, and loopholes in the regulations have been identified that necessitate revisions to the regulations. The proposed Ordinance (Attachment 1), which addresses the administrative portion of the STR regulations contained in Municipal Code Title 5, is a component of addressing the concerns expressed by the City Council and the Pismo Beach community.

In addition, it is anticipated that the City Council will consider revisions to Municipal Code Title 17 (1983 and 1998 Zoning Codes) at its May 16, 2023 meeting, following the Planning Commission’s review on April 25, 2023, at which time the Commission recommended adoption of the ordinances as presented.

Consistent with the STR ordinance development process previously employed, the City Manager formed a task force to review STR impacts and provide recommendations and feedback for revisions to the regulations. The Advisory Task Force was chaired by the City Manager and Community Development Director and comprised an array of stakeholders, including residents operating permitted STRs, residents concerned with the current regulations and negative impacts of STRs, representatives from the hotel industry, and two Council Members. The Advisory Task Force met four times, and while individual members of the task force had some varying perspectives, the task force was generally supportive of the recommended revisions to the STR regulations.

Ownership Requirements
One of the hallmarks of the City’s STR regulations is the requirement that the structure be the primary residence of the operator. This means a dwelling where the owner lives more than fifty percent of the year. The intent of this regulation was to preclude investment Council Agenda 5-2-2023 12.A-1
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groups and speculators from purchasing residential properties for the sole purpose of operating as an STR. Since the STR regulations were implemented, the City has received input that the current process makes it too easy for an individual to acquire a property and immediately be eligible to operate an STR without becoming part of the neighborhood. In response to this concern, the primary residency requirements are proposed to be modified to require the property be owned by the applicant for a minimum of two years prior to license application and issuance. This will allow the new owners the opportunity to establish themselves in the neighborhood prior to application for an STR license, as well as keeping those attempting to skirt the primary residency requirements from so doing. Additionally, the definition of “primary residence” is proposed to be modified to clarify that the measurement of this time is on a rolling 365-day basis. This is intended to preclude operators from renting the STR, for example, from July to December of one year and again from January to June the following year, thereby further helping to ensure the home is the primary residence of the operator.

License Expiration
One of the most impactful changes to the STR regulations is the implementation of an annual licensing period. Currently, an STR license is valid indefinitely once it is issued.

Under the proposed regulations, STR licenses would expire on September 30 of each year, including all currently licensed STRs. This expiration timing is consistent with the expiration of City business licenses and it is anticipated that renewal information would be mailed to operators on a schedule consistent with business license renewals, to aid in ease of administration. Should the Council adopt the proposed revised regulations, staff proposes a robust outreach effort to current license holders on a monthly basis, both in email and standard mail, to alert current license holders that their STR license will expire consistent with the new regulations. Additionally, should the Council adopt the revised regulations, staff will return to the Council at the next appropriate juncture to establish a renewal fee that covers staff time necessary to renew the licenses.

Probationary Inspection
Another proposed addition to the STR regulations is the requirement for annual rental inspections for the first three annual licensing terms. During this “probationary inspection” period, staff would schedule time with STR operators to inspect the site, ensure life safety measures are maintained, and confirm that the STR is being operated in a manner consistent with the regulations. Additionally, as recommended by the STR Advisory Task Force, the proposed regulations include provisions that licensed STRs receiving one or more confirmed violations within the previous twelve months may receive additional annual inspections for the twelve-month period following each confirmed violation. The intent of this regulation is to ensure that STRs continue to be operated in a manner that minimizes impacts on the surrounding neighborhood.

Similar to fees necessary for annual renewal of STR licenses, should the Council adopt these revised regulations, staff will return to the Council to establish a renewal fee that covers staff time necessary to perform these inspections.

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Homeowner Association Authorization
Comments have been received from Homeowner Associations (HOAs) regarding the subject of approval of STR licenses in areas where the HOA has taken steps to further regulate these uses through their Covenants, Conditions, and Restrictions (CC&Rs). The City does not enforce CC&Rs; however, the City does cooperate with HOAs on matters such as architectural review prior to building permit application. Accordingly, the STR regulations are proposed to include language requiring HOA authorization prior to application submittal to the City for properties within active HOAs.

Good Neighbor Policy Regulations
When the City Council adopted the existing STR regulations, a list of “standards” for STR operators to follow was developed to further minimize the impact of STRs on residential neighborhoods (Attachment 2). However, as these “standards” are not codified into law, they represent guidelines rather than rules. As part of the updated regulations, two of these items are proposed to be codified. The first requires overnight STR occupants to park in the on-site parking spaces designated through the licensing process. This would further address neighborhood concerns of impacts to street parking because of STR operation.

The second item to be included in the revised STR regulations is the requirement for STRs to place their trash bins out for collection no sooner than 5:00 p.m. the day before collection and brought in no later than 8:00 p.m. on collection day. It is important to note that this requirement will not apply to all residences in the city. Applying this requirement to STRs will help keep STRs from becoming unsightly with trash being left in public view for extended periods, and will help protect the ocean and other waterways from trash dispersed by wind or animal extraction.

Corporate Managed/Operated Fractional Ownership
Finally, a newer phenomenon in the short-term rental landscape deals with corporately managed and operated fractional ownership units. These uses operate like timeshares but are being implemented in single-family residences rather than higher-density or resort-oriented areas. In keeping with the intent of the City’s existing regulations to protect residential neighborhoods, the STR regulations are proposed to be modified to include the existing definition of “Vacation Rental” and updated to include these corporate managed/operated fractional ownership units in such a way that this type of ownership would be prohibited under the City’s STR regulations. This is important, as vacation rentals are prohibited in the residential districts and would not be permitted. However, this would not preclude other fractional ownership situations, such as family members co- owning property, from occurring.

Regulations Not Proposed
During development of the proposed regulations, several regulations were discussed that staff did not recommend for inclusion. The first is the requirement for notice of pending STR licenses to be provided to neighbors for a comment period prior to action by the City.

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viewing this type of action as a regulatory hurdle to the establishment of accommodations in the Coastal Zone.

Another regulation considered but not proposed for implementation is a numerical cap on the total number of STR licenses issued within the city. Larger cities, such as San Diego, have implemented numerical caps on STRs within their jurisdictions based on documented impacts to housing supply. The City currently has 28 licensed STRs, which is less than 1% of the total housing stock and does not appear to rise to the level of needing a cap. If this number drastically changes in the future, staff will return to request direction on potentially updating the regulations to include a numerical cap.

The last regulation considered but not recommended is a prohibition on STRs outside of the Coastal Zone. This was a point of discussion among the STR Advisory Task Force, and it was determined that it would preclude four existing STR licenses from being renewed. For this reason, the Advisory Task Force and staff did not recommend that prohibition be carried forward.

Environmental Review
In accordance with the California Environmental Quality Act (CEQA), it has been determined that the project is exempt pursuant to Section 15060(b)(3) of the CEQA Guidelines for projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Public Notification
A public notice regarding the proposed ordinance was posted at City Hall, on the City’s website, and published in the New Times on April 20, 2023. Additionally, the public notice was sent to all licensed STR operators on April 25, 2023. The meeting agenda was posted at City Hall and on the City’s website in accordance with Government Code section 54954.2. As of the writing of this report, no comments have been received.

Conclusion and Recommendation
The short-term rental environment has evolved since the City implemented regulations in 2018. Accordingly, the City Council has directed staff to revise the regulations to address neighborhood concerns. For that reason, staff recommends the City Council introduce an ordinance (Attachment 1) modifying Chapter 5.22 of Title 5 of the Pismo Beach Municipal Code regarding short-term rentals. This regular ordinance, if introduced at this juncture, will be returned for second reading at the next available meeting and would become effective 30 days thereafter.

FISCAL IMPACT:

The fiscal impact of approving the ordinance could result in the need to establish additional STR license renewal fees to cover City resources used to support this program.

As stated above, should the City Council adopt the revised regulations, staff will return at a future date to set appropriate fees for STR license renewals and probationary inspections to cover staff time necessary to perform these services.

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ALTERNATIVES:

1. Modify and introduce the ordinance; or

2. Provide alternative direction to staff.

ATTACHMENTS:

1. Ordinance

2. Good Neighbor Policy
Submitted by: Meeting Date: May 2, 2023
Matthew Downing, Community Development Director
City Manager Approval:

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ORDINANCE NO. O-2023-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 5.22 OF TITLE 5 OF THE PISMO BEACH

MUNICIPAL CODE RELATING TO ADMINISTRATIVE REGULATIONS OF SHORT-

TERM RENTALS AND HOMESTAYS
WHEREAS, during the past two decades, Pismo Beach has experienced a significant increase in the popularity of single-family homes being used as short-term rentals (STRs) for periods of less than 30 days;
WHEREAS, in 2018 the City adopted Short-Term Rental ordinances to establish a permitting process and standards in order to minimize the negative impacts resulting from a proliferation of STRs; and
WHEREAS, these impacts include, but are not limited to noise, parking, trash, loss of neighborhood character, reduction in long-term housing stock, and loss of Transient Occupancy Taxes (TOT); and
WHEREAS, the purpose of the amendments established hereby is to add additional regulations to the existing ordinance in order to enhance preservation of neighborhood integrity, encourage maintenance of the City’s long-term housing stock, further minimize impacts to coastal resources, continue to provide for the reasonable use of property, and ensure that STRs are consistent with the General Plan, Zoning Code, and other applicable sections of the Municipal Code; and
WHEREAS, additional regulations relating to the administration of short-term rental and homestay licenses are established in Title 17 of the Municipal Code.

NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:

SECTION 1.

The foregoing recitals are adopted as findings of fact in support of this ordinance.

SECTION 2.

Chapter 5.22 of the Pismo Beach Municipal Code is revised to read as follows:

Attachment 1
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Article I. Vacation Rental Regulation

5.22.010 Definitions.

For the purposes of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended.
"Transient" shall have the same meaning as set forth in Section 3.20.020 of this code.
“Vacation rental” shall mean any structure, as defined in the building code adopted in Title 15 of this code, which exists, is constructed, or which is maintained or used upon any premises for the purpose of transient lodging which consists of four or fewer separate transient rental units. This includes corporate managed/operated fractional ownership units.

5.22.020 Application process.

A. Persons wishing to use a structure as a vacation rental shall do all of the following:

1. Complete a vacation rental certificate request form, which form shall be provided by the Community Development Director or designee.

2. Submit the following information in support of a vacation rental certificate:
a. The name, address, and telephone number of the property owner and a contact person/entity that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the vacation rental. The contact person/entity shall reside or maintain a physical business address within twenty-five (25) miles of the vacation rental. A post office box or private mail drop address shall not be deemed to comply with the
requirement of maintaining a residence or physical business address. An owner of a vacation rental who resides within a twenty-five (25) mile radius of the vacation rental unit may designate themselves as the contact person. Any change in the contact person's address or telephone number shall be promptly furnished to the City.
b. A site and floor plan including unit square footage, bedroom and bathroom locations and dimensions, and parking
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locations and dimensions, and photographs showing the
interior of each bedroom and showing each parking location. c. A copy of the proposed notices required by Section

5.22.040.E. of this code to be posted inside the vacation rental unit.
d. Proof of written notification to all property owners and residents within one hundred (100) feet of any point on the property containing the vacation rental, describing the proposed vacation rental use, including the number of
separate vacation rental units, the number of on-site parking spaces and the telephone number of the contact person/entity set forth in subsection (A)(2)(a).
e. Acknowledgment that the owner and contact person/entity, if any, have read this chapter, and acknowledgment of their responsibility to assist in enforcement for payment of transient occupancy taxes.
f. Such other information as the Community Development
Director or designee deems reasonably necessary to
administer this chapter.

3. Submit to an inspection of the vacation rental by City staff if staff deems an inspection to be required prior to issuance of certificate.

4. Obtain a valid business license for a vacation rental unit.

B. Once the vacation rental is approved by the Community Development Director or designee and a valid business license is on file for the vacation rental, the tax administrator will issue a transient occupancy registration certificate for the vacation rental pursuant to Section 3.20.060 of this code.

C. Vacation rental certificates shall be personal property of the vacation rental unit operator and shall not run with the land. Upon sale of a property operated as a vacation rental, the vacation rental certificate shall expire as of the date of sale, and the new owner shall comply with the provisions of this chapter prior to operation of the vacation rental unit.

5.22.030 Vacation rental standards.

A. Except as otherwise permitted by the Community Development Director or designee upon presentation of extenuating circumstances, each vacation rental shall have a minimum of two (2) parking spaces available onsite at all times.

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B. Each vacation rental shall provide for garbage removal as required by Chapter 8.12 of this code.

5.22.040 On-going requirements for vacation rental operation.

A. The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the vacation rental. The contact person shall respond, either in person, or by return telephone call, within three (3) hours of a complaint, and the contact person shall provide the complaining party a proposed resolution to the complaint.

B. The operator or contact person/entity shall use best efforts to ensure that the occupants and/or guests of the vacation rental do not create unlawful noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise or disorderly conduct, by notifying the occupants of the rules regarding vacation rentals and responding in person when notified that occupants are violating laws regarding their occupancy. Notwithstanding the retention of a separate contact person/entity, the owner of the vacation rental is responsible for compliance with the provisions of this chapter and the failure of an agent, representative, or contact person to comply with this chapter shall be deemed noncompliance by the owner.

C. The operator of the vacation rental shall annually, not later than December 31 of each year, notify in writing all property owners and residents within one hundred (100) feet of any point on the property containing the vacation rental, that the property will be used as a vacation rental.

D. The operator of the vacation rental shall annually, not later than December 31 of each year, provide in writing to all property owners and residents within one hundred (100) feet of any point on the property containing the vacation rental the name, address and telephone number of the contact person required in subsection (A) of this section.

E. A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the contact person required in subsection (A) of this section. The notice shall also set forth the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on-site, and the day(s) established for garbage collection. The notice shall also provide the non-emergency telephone number of the City Police Department.

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F. Any advertising of the vacation rental shall include the vacation rental permit number provided by the City.

5.22.050 Violations and enforcement.

A. It shall be unlawful and a misdemeanor for any person to construct for vacation rental use, to convert to vacation rental use, to offer to another for vacation rental use, to advertise for vacation rental use, or to occupy as a vacation rental use any portion of any structure or facility without full compliance with this chapter.

B. In addition to, or in lieu of criminal sanctions set forth in subsection (A) of this section, administrative penalties, including a notice of violation, shall be imposed, and permits shall be revoked, in the manner provided in this subsection (B).

1. The City Building Official or designee shall conduct an investigation whenever there is reason to believe that an owner has failed to comply with the provisions of this chapter. Should the investigation reveal that a violation occurred, the City Building Official or designee shall issue written notice of the violation and intention to impose a penalty and/or revoke the permit. The written notice shall be served on the owner and operator or agent and shall specify the facts which, in the opinion of the City Building Official, constitute grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that the permit will be revoked within fifteen (15) days from the date the notice is given unless the owner and/or operator files with the City Clerk the amount of any fine imposed, and a request for a hearing. The penalties for violations specified in subsection (B) of this section shall be as follows:

a. For the first violation within any twelve (12) month period, the penalty shall be a fine not to exceed one hundred dollars ($100), and/or suspension of the permit for a period not to exceed three (3) months.

b. For a second violation within any twelve (12) month period, the penalty shall be a fine not to exceed two hundred fifty dollars ($250), and/or suspension of the permit for a period not to exceed six (6) months.

c. For a third violation within any twelve (12) month period, the penalty shall be a fine not to exceed five hundred dollars ($500), and/or suspension of the permit for a period not to exceed one (1) year.

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2. If the owner requests a hearing within the time specified in subsection (1) of this section, the City Clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than fifteen (15) days, nor more than forty-five (45) days after receipt of request for a hearing. The Community Development Director may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the Community Development Director. The Community Development Director shall impose the penalties or revoke the permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with the provisions of this chapter. The Community Development Director shall render a decision within thirty (30) days of the hearing and the decision shall be final.

C. The Community Development Director or designee shall have the authority to impose additional conditions on any permit in the event of any violation of the conditions of the permit or the provisions of this chapter.

Article II. Short-Term Rental Regulation

5.22.100 Definitions.

For the purposes of this chapter, certain terms are hereby defined. The words "shall" and "will" are mandatory; the word "may" is discretionary.

A. "Bedroom" shall mean a room that is primarily used for sleeping. A bedroom shall be no less than seventy (70) square feet in size, with a minimum horizontal dimension of no less than seven (7) feet on any side. A bedroom offered for rent within a Short-Term Rental or Homestay shall meet all applicable California Building Code life safety requirements.

B. "Homestay" shall mean an owner-occupied, detached single-family residence where bedrooms are rented for compensation for less than thirty (30) consecutive days.

C. "Primary residence" shall mean the dwelling owned and occupied as the property owner's principal place of residence, where the owner lives more than fifty percent (50%) of the year, defined herein as one hundred eighty- three (183) days or more per year on a rolling 365-day basis. For purposes of Short-Term Rental or Homestay licensing, a person can only have one Primary Residence at any time.

D. "Proof of Primary Residence." In addition to the requirement that the licensed property be the property owner's Primary Residence as defined Attachment 1
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herein, the City shall also review documentation deemed acceptable by the City showing the dwelling is the owner's principal residence.

E. “Responsible party” shall mean a person, over the age of eighteen (18), who shall be legally responsible for compliance of all renters and visitors of the STR or Homestay with all applicable provisions of the Pismo Beach Municipal Code. The Responsible Party shall sign the Good Neighbor Policy and is designated as the point of contact for the STR or Homestay.

The Responsible Party shall assure the maintenance of the licensed property in compliance with this and other applicable regulations, and shall be responsible for the conduct and acts of said renters and visitors to the extent provided herein. The Responsible Party's contact information shall be provided to all short-term renters and neighbors within three hundred (300) feet of the STR or Homestay in the manner prescribed in Chapter

5.22. F. "Short-term rental" or "STR" shall mean the rental of a detached single- family residence or accessory dwelling unit for less than thirty (30) consecutive days where the primary residence is not being concurrently occupied by the owner.

G. "Long-term rental" shall mean a rental for thirty (30) consecutive days or more. Any rental agreement that allows a sublet or sublease to multiple parties for any terms less than thirty (30) days, or early cancellation with or without penalty that allows multiple rentals within a thirty (30) day period, shall be considered a Short-Term Rental and be subject to the terms of a Short-Term Rental license as provided in this code.

5.22.110 License required.

A. No owner or owners of a Short-Term Rental or Homestay shall rent, offer to rent, or advertise for rent the Short-Term Rental or Homestay to another person without a license approved and issued in the manner provided for by this chapter.

B. Applicants must show proof of property ownership for two (2) consecutive years from the date of purchase prior to license application and issuance.

5.22.120 Application process.

A. A property owner wishing to use a detached single-family residence as a Short-Term Rental or Homestay shall do all of the following. Applications will not be deemed complete nor processed until all required information is provided and fees are paid:

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1. Complete a Short-Term Rental application. Submit the following information at the time of application:

a. The name, address, and telephone number of the property owner, or authorized Responsible Party, that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the STR or Homestay. Any change in the contact information for either the property owner or Responsible Party shall be promptly furnished to the City.

b. A site and floor plan including unit square footage, bedroom and bathroom locations and dimensions, and parking
locations and dimensions, and photographs showing the
interior of each bedroom and showing each parking location.

c. Notification materials containing information that allows the City to produce mailing labels, including both Owner and Occupant lists. The information should be provided in
Microsoft Excel or equivalent editable spreadsheet format.

The information should include the following fields for all properties within a five-hundred (500) foot radius of the site:

Assessor Parcel Number, property address, first and last name of owner, owner mailing address, owner city, owner state, and owner zip code. A receipt or letter from the title company or person who completes notification labels,
certifying that the labels are correct, to the best ability of the preparer, must also be included.

d. Such other information as the Director of Community
Development or designee deems reasonably necessary to
administer this chapter.

e. Acknowledgment that the owner and contact person/entity, if any, have read all this chapter, and acknowledgment of their responsibility to assist in enforcement for payment of transient occupancy taxes.

f. Submit an affidavit signed under penalty of perjury by property owner that the home is their primary residence. Failure to sign the affidavit shall be grounds for denial of an STR or
Homestay license.

g. For properties that are part of a Homeowner Association (HOA), written authorization from HOA Board of Directors to Attachment 1
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use the property as a Short-Term Rental shall be required prior to action on the license by the City.

2. Submit to an inspection of the rental by City staff prior to issuance of the certificate. Prior to issuance of an STR or Homestay license, the City shall conduct an inspection of subject property to confirm bedroom count, on-site parking, and applicable safety standards. If complaints are received about STR or Homestay operations, the City shall have the right to re-inspect the property. In the event such re- inspection requires access to the interior of a dwelling unit, the property owner shall provide the City access to the premises upon forty-eight (48) hours’ advance notice.

3. Review and initial the Good Neighbor Policy.

4. Pay the Short-Term Rental license application fee, as established by resolution of the City Council.

5. Obtain a valid business license for a short-term rental property.

B. Once the Short-Term Rental license is issued by the Community Development Department and a valid business license is on file for the Short-Term Rental or Homestay, the tax administrator will issue a valid transient occupancy registration certificate for the Short-Term Rental or Homestay pursuant to Section 3.20.060 of this code.

C. Short-term rental and Homestay licenses shall be personal property of the property owner and shall not run with the land. Upon sale of a property operated as a Short-Term Rental or Homestay, the certificate shall be deemed void without further action by the City.

5.22.130 Short-term rental standards.

A. The STR or Homestay shall be operated consistent with the standards and regulations contained within the zoning codes of the Pismo Beach municipal code, including but not limited to Chapters 17.09 and 17.113.

B. Each STR or Homestay shall provide for garbage removal as required by Chapter 8.12 of this code.

C. A written notice shall be conspicuously posted inside each STR or Homestay setting forth the name, address, and telephone number of the contact person required in Section 5.22.120(A)(1)(a). The notice shall also set forth the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on-site, and Attachment 1
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the day(s) established for garbage collection. The notice shall also provide the non-emergency telephone number of the City Police Department.

D. Any advertising of the STR or Homestay shall include the STR or Homestay license number provided by the City.

5.22.140 Annual license requirements.

A. Short-Term Rental or Homestay licenses are valid from the date of issuance through September 30 of each year. Any licenses in effect as of the effective date of the ordinance establishing this section shall be deemed to be extended to September 30 in the same year or the year following the effective date of the ordinance, whichever is sooner, and thereafter such licenses shall be subject to the annual renewal requirements of this section.

Short-Term Rental or Homestay operators are responsible for obtaining renewal of the license each year.

B. An operator wishing to renew their Short-Term Rental or Homestay license for the annual period shall do all of the following. Applications will not be deemed complete nor processed until all required information is provided and fees are paid:

1. Complete a Short-Term Rental application. Submit the following information at the time of application:

a. The name, address, and telephone number of the property owner, or authorized Responsible Party, that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the STR or Homestay. Any change in the contact information for either the property owner or Responsible Party shall be promptly furnished to the City.

b. Acknowledgment that the owner and contact person/entity, if any, have read all this chapter, and acknowledgment of their responsibility to assist in enforcement for payment of transient occupancy taxes.

c. An affidavit signed under penalty of perjury by property owner that the home is their primary residence. Failure to sign the affidavit shall be grounds for denial of an STR or Homestay license.

d. For properties that are part of a Homeowner Association (HOA), written authorization from HOA Board of Directors to Attachment 1
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use the property as a Short-Term Rental shall be required prior to action on the license by the City.

e. If the layout of the licensed site and/or structure had changed, an updated site and floor plan including unit square footage, bedroom and bathroom locations and dimensions, and
parking locations and dimensions, and photographs showing the interior of each bedroom and showing each parking
location.

f. If deemed necessary by the Community Development
Director or designee, updated notification materials containing information that allows the City to produce mailing labels, including both Owner and Occupant lists, in compliance with Section 5.22.120(A)(1)(c) of this code.

g. Such other information as the Director of Community
Development or designee deems reasonably necessary to
administer this chapter.

2. Submit to inspection of the property as outlined in Section (C) below.

3. Review and initial the Good Neighbor Policy.

4. Pay the Short-Term Rental license application fee, as established by resolution of the City Council.

5. Obtain a valid business license for a short-term rental property.

C. During the first three (3) annual licensing periods for a particular property, the property shall be inspected by the City during the renewal period for life safety purposes to ensure proper safety and operation of the STR or Homestay.

1. Following this three (3) year period, annual inspections shall not be required as part of the license renewal process, unless one or more violations of the applicable regulations in this code are confirmed within the previous twelve (12) month period. In such a case, annual inspections may be reinstated for twelve (12) months following each confirmed violation, at the discretion of the Community Development Director or designee.

5.22.150 Violations and enforcement.

A. It shall be unlawful and a misdemeanor for any person to construct for Short-Term Rental or Homestay use, to convert to Short-Term Rental or Attachment 1
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Homestay use, to offer to another for Short-Term Rental or Homestay use, to advertise for Short-Term Rental or Homestay use, or to occupy as a Short-Term Rental or Homestay use, any portion of any structure or facility without full compliance with this chapter.

B. In addition to, or in lieu of. criminal sanctions set forth in subsection

5.22.140(A), administrative penalties, including a notice of violation, shall be imposed, and licenses shall be revoked, in the manner provided in this subsection B.

1. The Community Development Director or designee shall cause an investigation to be conducted whenever there is reason to believe that an owner has failed to comply with the provisions of this chapter.

Should the investigation reveal that a violation occurred, the Community Development Director or designee shall issue written notice of the violation and intention to impose a penalty and/or revoke the license. The written notice shall be served on the owner and operator or agent and shall specify the facts which, in the opinion of the Community Development Director, constitute grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that the license will be revoked within fifteen (15) days from the date the notice is given unless the owner and/or operator files with the City Clerk the amount of any fine imposed, and a request for a hearing.
a. The penalties for violations specified in subsection B. of this section shall be as follows: Notwithstanding anything to the contrary in Section 1.24.080 of this code, the initial fine shall be, at a minimum, seven hundred and fifty dollars ($750) for an administrative violation of this chapter and shall be, at a minimum, one thousand dollars ($1,000) for each subsequent violation. Each separate day or rental night in which a violation exists may be considered a separate violation. Any attempt to rent an unlicensed residence as an STR or Homestay by
advertising said property for Short-Term Rental or Homestay purposes shall be deemed a violation of this chapter. The City shall not issue an STR or Homestay license for a particular residence for a minimum of twelve (12) months after a
violation for marketing or renting said residence without a valid license.
b. Failure to sign an affidavit stating that the residence is the property owner’s primary residence will result in an initial fine of seven hundred and fifty dollars ($750) and license
revocation. Additionally, should it be determined that the residence is not the property owner’s primary residence, Attachment 1
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based on a preponderance of the evidence, the license shall be revoked.

c. Licensees failing to submit, or submitting late, two (2) or more Transient Occupancy Tax (TOT) submittals in a twelve (12) month period, shall not have their license renewed following the expiration of that period.

2. If the owner requests a hearing within the time specified in subsection (1) of this section, the City Clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than fifteen (15) days, nor more than forty-five (45) days after receipt of request for a hearing. The Community Development Director may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the Community Development Director. The Community Development Director shall impose the penalties or revoke the license only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with the provisions of this chapter. The Community Development Director shall render a decision within thirty (30) days of the hearing and the decision shall be final.

C. The Community Development Director or designee shall have the authority to impose additional conditions on any license in the event of any violation of the conditions of the license or the provisions of this chapter.

5.22.160 Cessation of use of a property as short-term rental.

Where the owner of property licensed as a Short-Term Rental or Homestay pursuant to this chapter ceases such use, the property owner shall promptly inform the tax administrator of the cessation of use of the property as a short-term rental or Homestay and shall surrender the STR or Homestay license.

5.22.170 License suspension, modification, or revocation.

In addition to any other remedy provided by this chapter, a license issued pursuant to this chapter may be suspended, modified or revoked for violations of this chapter, for violation of any other law on the premises of the Short-Term Rental or Homestay, or for the maintenance of such other conditions as may be shown to be injurious to the public health and safety. Revocation proceedings may be initiated by the community development director and shall be conducted pursuant to the procedures set forth in Section 5.22.150(B).

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SECTION 3.

Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.

SECTION 4.

This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.

SECTION 5.

This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.

SECTION 6.

The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.

Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.

INTRODUCED at a regular meeting of the City Council held this 2nd day of May, 2023, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

ADOPTED at a regular meeting of the City Council held this th day of , 2023, on motion of Council Member , seconded by Council Member , and on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

APPROVED AS TO FORM:

______________________________
David M. Fleishman, City Attorney
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2 D.Pismo Beach Short-Term Rental/Homestay Good Neighbor Policy The City of Pismo Beach Short-Term Rental (STR) regula�ons are intended to minimize the impacts of STRs on residen�al neighborhoods. Consequently, the City requires that all occupants of STRs adhere to the Good Neighbor Policy as outlined below:

1.The owner, or responsible party (as defined by the Pismo Beach Municipal Code) shall be available 24-hours a day, seven days a week to respond to complaints concerning the condi�on, opera�on, or conduct of STR occupants.

2."Responsible party" shall mean a person, over the age of eighteen, who shall be legally responsible for compliance of all renters and visitors of the STR or homestay with all applicable provisions of the Pismo Beach municipal code. The responsible party shall sign the good neighbor policy and is designated as the point of contact for the short-term rental or homestay.

3.The responsible party shall assure the maintenance of the licensed property in compliance with this and other applicable regula�ons and shall be responsible for the conduct and acts of said renters and visitors to the extent provided herein. The responsible party's contact informa�on shall be provided to all short-term renters and neighbors within three hundred feet of the STR or homestay in the manner prescribed in Chapter 5.22.

4.The owner/responsible party shall respond to a complaint within 30 minutes.

5.Parking – Parking shall be provided in a garage or on a driveway. STR occupants shall use the off-street parking that is provided for the rental.

6.Noise – The STR renters and visitors shall not generate noise to an extent that unreasonably interferes with the quiet use and enjoyment of neighboring proper�es. Any noise occurring a�er 10 p.m. and before 7:00 a.m. shall be contained within the STR/Homestay.

7.Trash – Trash shall not be le� stored within public view, except in proper containers for purposes of collec�on. There shall be no accumula�on of storage of trash and/or debris on the site or within the STR/Homestay.

8.Traffic – Vehicles used and traffic generated by the STR or homestay shall not exceed normal residen�al levels or unreasonably interfere with the quiet use and enjoyment of any other residences or businesses in the area. What is reasonable in terms of traffic generated shall be determined under exis�ng legal standards applicable to evalua�ng alleged nuisances.

9.Maximum Occupancy – Maximum overnight occupancy of an STR or homestay shall be limited to two people per bedroom, plus two addi�onal people. For example, a two-bedroom STR may have up to six occupants overnight. This calcula�on shall be inclusive of children.

10.Visitors – The number of visitors to an STR or homestay shall not exceed a number equal to the allowable occupancy of the STR or homestay at any �me. Visitors are not allowed in the STR or homestay between 11:00 p.m. and 7:00 a.m. and shall not stay overnight on the premises.

By ini�aling below, I am confirming that I understand and agree that it is the responsibility of the owner/responsible party contact to ensure that all STR/Homestay rules and regula�ons are acknowledged and adhered to by the STR renters and visitors.

Owner Ini�als _________ Responsible Party Ini�als _________ Council Agenda 5-2-2023 12.A-21
Attachment 2
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B

SUBJECT/TITLE:

PUBLIC SAFETY FACILITY PROJECT UPDATE

RECOMMENDATION:

Receive an update for the Public Safety Facility Project.

BACKGROUND:

The City Council set a goal to have a modern Public Safety Facility to replace the current Fire Station on Bello Street, Station 64, and to expand the Police Station to meet the modern needs for the City’s public safety professionals. The proposed project seeks to achieve multiple goals, including honoring the site’s history by incorporating the façade of the City’s original elementary school into the new design, reducing fire response time by more than one minute, and modernizing the Police Station to meet the current and future needs of the facility.

To deliver the project in an expeditious manner, staff proposed the use of Design-Build procurement, as allowable under California Public Contract Code Section 22160. The Design-Build method of delivery allows for using “best value” procurement to reduce project costs, expedited project completion, and design features that are not achievable through the traditional design-bid-build method. “Best value” means a value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A “best value” determination may involve the selection of the lowest-cost proposal meeting the interests of the local agency and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the City, or a tradeoff between price and other specified factors.

On December 2, 2022, the City released the Request for Proposals and the Design-Build Entity (DBE) teams from F&H/LDA and Swinerton/Ten Over submitted complete and comprehensive submittals on March 2, 2023. Following the submittal, the City’s evaluation committee met to review both proposals. The evaluation committee is comprised of the following staff: Assistant City Manager, Police Chief, Fire Chief, Community Development Director, Public Works Director, Building Official, and Senior Engineer.

Additionally, the City Council provided staff with input on the public presentation portion, at a special workshop held on March 29, 2023. The following table outlines the ranking for the two proposals.

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Table 1. Ranking of Design-Build Entity Submittals

Final
Rank Cost*
F&H/LDA 1 $44,796,000
Swinerton/Ten Over 2 $52,778,566
*Includes Base Project Price, FFE, and new Fire Apparatus cost

Based on the prescribed scoring criteria in the RFP packet, and based on Council input of selecting the firm with the best value, the City began preliminary negotiations with F&H/LDA based on the needs of the City and ability to finance the project.

Value Engineering
Staff identified three areas that could result in cost savings through the value engineering process: the foundation, façade, and electrical elements. The City completed a preliminary geotechnical report to provide the baseline conditions for the site. To evaluate other foundation options or construction methods, staff has determined that the best way to move forward would be to conduct a supplemental geotechnical report with boring samples, which would then form the basis for modified submittals. The City agreed to have the DBE firm proceed with the supplemental geotechnical report as the potential savings could be upward of $500,000. The cost of the work would be included in the final negotiated contract. In the event that the City does not move forward, the City will reimburse the costs to the DBE and take ownership of the documents for its future use.

The City Council provided input on options for the façade of the building. Staff met with the DBE firm to identify options for the City Council. This will include a thin brick veneer, as well as an option to preserve the brick from the facility to be reused as a veneer, but not be a structural component of the project. Cost estimates for these options are forthcoming.

The third area for cost savings is the various electrical components of the project. This includes the size of generator units, the areas of the building that are covered by the generator during outages, and the systems included in the overall capacity. Additionally, staff and the DBE team worked together to find value engineering in the low voltage side which includes camera system, wiring, and redundancy.

The DBE team and the City are continuing to have discussions to find additional cost saving opportunities.

Project Cost Savings Beyond Value Engineering
The current project and program allow for approximately 5% increase in staff spaces for future growth of the department through the City’s projected build out in the General Plan.

Based on the experience of Vanir Construction Management, the City’s owner representative, other projects of similar nature allow between 20-30% growth over the 50-

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year lifespan of the facilities. However, the current program is an increase over the current building, and staff believes it meets the needs of the community for the next 50 to 75 years. Staff believes that it is prudent to provide the City Council with information on how additional square footage cuts impact on the project cost. In staff’s professional opinion, the project as currently designed is adequate for growth. If the Council wants to make cuts to reach a lower targeted cost, it will impact operational flow of the facility and may impact the useful life of the building and necessitate future additions or modifications to the project.

Since value engineering of the building system has already occurred, the next way to cut costs is to cut square footage. To accurately forecast the amount of square footage that must be cut, an estimator must use a deductive unit cost that is less than the bid price.

For example, if 20% of the space is cut, the size of the mechanical or plumbing units cannot be reduced by the corresponding percentage, plus redesign fees must be accounted for, escalation for the delays in redesign, and noting that spaces that are cut are likely to not be the most expensive (kitchens, dispatch, electrical rooms, etc.).

Therefore, a lower average cost per square-foot for further reduction would be approximately $800 per square foot. For illustrative purposes, a reduction of an additional $4.8 million would necessitate cuts of approximately 6,000 square feet.

Additionally, an extensive amount of work product was put into the location and adjacency of the current configuration, which if modified may lead to inefficiency in workflow. Any square footage changes and impacts would need to be worked through with the DBE team, but there is a risk that the changes would require additional redesign time beyond the 90 days that the proposals are good for, as outlined in the RFP document. This could result in the DBE team increasing costs, thereby negating some cost savings.

Alternative Options
Staff continues to work on the City Council’s direction to negotiate the price of the project down. There are various options available to the City Council aside from the current project proposal. The following options are not intended to be limiting; however it should be noted that staff does not feel that there is a no-build option in its normal sense due to the need to meet housing requirements for fire personnel, current building infrastructure needs, and the need to address response times:
 Direct staff to cut square footage of the project.
 Do not move forward with the current proposals.
 Provide staff direction to repackage the project.
 Build a new apparatus bay only.
 Building a new two-story fire station and acquire additional property.

Should the City Council not move forward with the current proposal, there could be significant delays in redesigning the project scope, evaluating alternatives, potentially losing qualified bidders, and the need to make interim investments.

Fire personnel are currently occupying a residential home at 900 Bello Street, which was anticipated to be leased through the end of construction. The property owners were

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amenable to extending the lease. A longer-term lease or potential property acquisition would need to be explored.

A potential new apparatus bay could be constructed on the City-owned parcel at 940 Bello Street; however it would need to be a back-in type apparatus bay, which is not optimal, but is the current configuration at the station. Staff would likely recommend a two-story station with an apparatus bay below and living space above.

If the current Police Station is going to remain in largely its current configuration and use, the City would need to move forward with building system improvements, including a new roof, replacement of heating and air conditioning system, as well as locker room improvements, which is estimated to be several million dollars.

Timing
Staff has put together a timeline for construction based on past direction by the City Council, however the timing of the project is at the discretion of the City Council. There are many other components of the project that are pending a decision on the Public Safety Facility. For example, the Police Substation, improvements to 330 Main Street, temporary relocation of dispatch to City Hall, improvements to the Veterans’ Hall, releasing RFPs for IT relocation services, plan check, special inspections, as well as utility coordination.

Many of these projects are anticipated work plans that have been coordinated along parallel paths, but some have been paused until direction on the Public Safety Facility is provided.

At this City Council Meeting, staff will review all of the elements within the staff report and provide updated status on negotiations.

Recommendation and Next Steps
Staff recommends that the City Council receive an update on the Public Safety Facility Project.

FISCAL IMPACT:

The fiscal impact of the recommended action could result in a significant one-time and ongoing cost to the City for the design and construction of the Public Safety Facility project. In anticipation of the proposed cost, staff put together a rough funding plan to support this cost. The following tables illustrate the:
 estimated project cost of $53,000,000 (assuming a negotiated $43,250,000 amount plus $9,750,000 of soft costs)
 current available funding sources for pay-as-you-go (PAYG) or cash-funded  remaining amount that is financed.

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If the amount financed is $46,315,000, then the estimated debt service could be approximately $3,058,500 starting in FY 2026. The total cumulative debt service would be $105,948,602 and the interest alone would be $59,633,602 over 30 years. There are several ways to structure the debt service, but for illustrative purposes, staff used 30-year level debt service payments.

Comparing the estimated debt service payments to projected Transient Occupancy Tax (TOT) revenues for the additional 1% that has been proposed to be allocated to support the annual debt service payments, there is a projected shortfall of approximately $1.55 million in FY 2026, but as TOT is projected to grow by 2% per year, so that as TOT increases, the annual shortfall decreases. However, throughout the majority of the 30- year term, the shortfall would need to be addressed. Staff proposes three items to help offset the debt service costs as illustrated below, including additional overhead recovery from other funds based on the updated most recently Cost Allocation Plan, reducing the General Fund general contingency budget by 1% to have a 2% general contingency budget, and finally, reducing the Next Level services budget by $150,000 from the currently budgeted $400,000. The following table illustrates snapshots for four timeframes during the 30-year borrowing to reflect the debt service surplus or shortfall.

Estimated Project Cost
Soft Costs
Contingency 5,000,000$
Permitting Connection Fees 1,500,000
Construction Management 1,000,000
Hazmat/Survey/Abatement 250,000
Plan Check 250,000
Inspection/Special Inspection 1,000,000
Total Soft Costs 9,750,000$
Construction Cost 43,250,000
Total Estimated Project cost 53,000,000$
Funding Sources
Pay-As-You-Go (PAYG) cash
Set-Aside TOT 1% in FY 2023 to FY 2025 4,435,000$
General Fund Reserve 2,000,000
Development Impact Fees 250,000
Subtotal Pay-As-You-Go (PAYG) cash 6,685,000$
Remaining financing 46,315,000
Total Funding Sources 53,000,000$
Financing
Total Financed 46,315,000$ 30-year level debt
FY 2026 FY 2036 FY 2046 FY 2053
Annual Debt Service, begins FY 2026 3,058,500 3,058,500 3,058,500 3,058,500 Total cumulative debt service $105,948,602
Interest $59,633,602

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Options to Close the Projected Ongoing Shortfall
In order to close this gap, one or more of the following items could occur:
 construction costs could need to be further reduced, possibly with a reduction in scope;
 City could, within legal requirements, allow other funding sources to be used to support additional PAYG (reducing the financed portion) and debt service cost allocating more General Fund costs to a different funding source. This could occur by amending the Municipal Code or taking other Council action if needed;  City could reduce spending in other areas, avoiding reduction in revenues (reduced services could lead to reduced visitors, which could impact TOT, sales tax, and other fees for services). While this is an option, this is not recommended by the staff, as it would reduce current services for residents and visitors.

One Example of Other Sources: Using Parking Enterprise Funds to Close the Shortfall One example of a funding source that has a large fund balance that could be used is the Parking Enterprise Fund. A portion, or $4 million, of this fund’s available net position (fund balance), which is projected to be $9 million at the end of FY 2025, could be used to increase the PAYG portion and decrease the financed cost to $42,315,000. In addition, the Parking Enterprise Fund could be used to support ongoing debt service costs, shifting at least $600,000 in the early part of the financing to close the shortfall. This shifting of costs could be reduced over time as TOT increases, down to $300,000 by FY 2036, and then down to $0 by FY 2046. This option could allow for a financially feasible way to support the Public Safety Facility based on the current estimated cost of $53 million, including soft costs.

Debt Service Payments FY 2026 FY 2036 FY 2046 FY 2053
Annual Debt Service, begins FY 2026 3,058,500$ 3,058,500$ 3,058,500$ 3,058,500$ TOT 1%1,507,977 1,838,215 2,240,774 2,573,945 Financing less TOT (Shortfall)(1,550,523) (1,220,285) (817,726) (484,555) Overhead recovery from other funds beginning
FY25 259,000 284,900 313,390 344,729 General Fund Contingency 2%300,000 300,000 300,000 300,000 Next Level Services Fund 150,000 150,000 150,000 150,000 709,000 734,900 763,390 794,729 Remaining Debt Service Surplus/(Shortfall) (841,523)$ (485,385)$ (54,336)$ 310,174$

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As a reminder, this funding plan is a rough estimate based on projected debt service costs and a ballpark estimate of the construction costs. In the event that the Council decides to move forward with this project, a more formal funding plan would be developed with updated debt service payments, TOT projections, and other available funds.

ALTERNATIVES:

1. Do not approve preliminary selection of a design-build entity as proposed; provide staff with direction on how to proceed.

2. Request more information from staff.

ATTACHMENTS:

None
Submitted by: Meeting Date: May 2, 2023
Jorge Garcia, Assistant City Manager
City Manager Approval:

Funding Sources
Pay-As-You-Go (PAYG) cash
Set-Aside TOT 1% in FY 2023 to FY 2025 4,435,000$
General Fund Reserve 2,000,000
Parking Enterprise Fund 4,000,000
Development Impact Fees 250,000
Subtotal Pay-As-You-Go (PAYG) cash 10,685,000
Remaining financing 42,315,000
Total Funding Sources 53,000,000$
Debt Service Payments FY 2026 FY 2036 FY 2046 FY 2053
Annual Debt Service, begins FY 2026 2,844,352$ 2,844,352$ 2,844,352$ 2,844,352$ TOT 1%1,507,977 1,838,215 2,240,774 2,573,945 Financing less TOT (Shortfall)(1,336,375) (1,006,137) (603,578) (270,407) Overhead recovery from other funds be 259,000 284,900 313,390 344,729 General Fund Contingency 2%300,000 300,000 300,000 300,000 Next Level Services Fund 150,000 150,000 150,000 150,000 Shift costs to Parking Enterprise Fund 600,000 300,000 - - 1,309,000 1,034,900 763,390 794,729
Remaining Debt Service
Surplus/(Shortfall)(27,375)$ 28,763$ 159,812$ 524,322$

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.C

SUBJECT/TITLE:

AWARD OF CONTRACT TO ENGEO INCORPORATED FOR PROFESSIONAL

ENGINEERING AND ENVIRONMENTAL SERVICES FOR THE CLIFF AVE AND

OCEAN BLVD STORM DRAIN PORTION OF THE OCEAN BOULEVARD

IMPROVEMENT PROJECT

RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to enter into a professional services agreement with ENGEO Incorporated for professional engineering and environmental services for the Cliff Avenue and Ocean Boulevard Storm Drain portion of the Ocean Boulevard Improvement Project in the amount of $160,000, accepting grant funding, and appropriating related budget adjustments in Fiscal Year 2023.

BACKGROUND:

On October 16, 2018, the City Council awarded a contract to TerraCosta Consulting Group for professional engineering and environmental services for the Ocean Boulevard Improvement Project. In May of 2022, a Novation was executed due to a corporate reorganization, changing TerraCosta to ENGEO Incorporated (ENGEO). The project consisted of five components, one of which was repair of the storm drain infrastructure at the intersection of Cliff Avenue and Ocean Boulevard. This component is federally funded through the Federal Emergency Relief (ER) program with the Federal Highway Administration (FHWA) and Caltrans Local Assistance (Caltrans LA).

During initial design and environmental studies for the Ocean Boulevard/Cliff Avenue site, conditions were encountered that resulted in extensive environmental and right of way requirements from Caltrans LA which included a Phase II environmental study based on cultural resources and easement procurement for subsurface tiebacks associated with the bluff stabilization. Based on deadlines for request for construction authorization (RFA CON) with Caltrans LA, it was decided to separate out this component of the Ocean Boulevard Improvement Project to prevent delays on all other portions. The Ocean Boulevard/Cliff Avenue project is already categorized as a separate ER project with Caltrans LA.

Due to the extensive delays related to the environmental requirements, the original contract expiration date of December 31, 2022 has passed. The City has now received the required environmental clearance from Caltrans LA and work can continue on the design of the Cliff/Ocean component. However, in order to be reimbursed for any work moving forward, Caltrans LA is requiring a new professional services agreement be executed. Staff requested a quote (Attachment 1.A) from ENGEO to bring the Cliff/Ocean component to the construction phase.

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Conclusion and Recommendation
Staff recommends that Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute an agreement with ENGEO for professional and engineering services for the Cliff Avenue and Ocean Boulevard Storm Drain portion of the Ocean Boulevard Improvement Project.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution includes an additional expenditure of $160,000, offset by grant revenues of $149,131.50 and a Half-Cent Sales Tax Fund support of $10,868.50. This includes:
Awarding a contract in the amount of $160,000 to ENGEO to complete the professional engineering and environmental services for the Cliff Avenue and Ocean Boulevard Storm Drain portion of the Ocean Boulevard Improvement Project.
Accepting and appropriating additional grant revenues and corresponding expenditures in the amount of $149,131.50 in the Capital Projects Fund Ocean Boulevard Improvements Project.
Appropriating $10,868.50 in expenditures for the City match portion in the Capital Projects Fund, supported by a transfer in from the Half-Cent Sales Tax Fund, in the Ocean Boulevard Improvements Project.

FY 2023 Budget and Project Cost
Sources
Appropriate Federal Grant revenues in Capital Projects Fund $149,131.50 Appropriate transfer in from Half-Cent Sales Tax Fund 10,868.50 Total Sources $160,000.00
Uses
Appropriate expenditures for Cliff Avenue and Ocean Blvd Storm Drain $160,000.00 Total Uses $160,000.00
Federal Grant
To date, the City has been granted a total of $393,453 in ER funding for professional engineering and environmental services for the Cliff Avenue/Ocean Boulevard project, of which 88.53% (or $348,324) would be reimbursed by FHWA/Caltrans LA and 11.47% (or $45,129) would be supported by a City match. Of this total, $199,192.50 has been previously accepted and appropriated. The attached Resolution accepts the remaining grant award and appropriates $149,131.50 in additional grant revenues.

ALTERNATIVES:

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

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: ENGEO cost proposal
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2. Proposed ENGEO contract
Prepared by: Meeting Date: May 2, 2023
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

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RESOLUTION NO. R-2023-XXX

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

CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A

PROFESSIONAL SERVICES AGREEMENT WITH ENGEO INCORPORATED FOR

PROFESSIONAL ENGINEERING AND ENVIRONMENTAL SERVICES FOR THE

CLIFF AVENUE AND OCEAN BOULEVARD STORM DRAIN PORTION OF THE OCEAN BOULEVARD IMPROVEMENT PROJECT IN THE AMOUNT OF $160,000,

ACCEPTING GRANT FUNDING, AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2023
WHEREAS, on October 16, 2018, Council awarded a contract to TerraCosta Consulting Group (now ENGEO Incorporated) for professional engineering and environmental services for the Ocean Boulevard Improvement Project; and WHEREAS, the project consisted of five components, one of which was repair of the storm drain infrastructure at the intersection of Cliff Avenue and Ocean Boulevard; and WHEREAS, during initial design and environmental studies for the Ocean Boulevard/Cliff Avenue site, conditions were encountered that caused extensive delays which led to the site being separated from the rest of the Ocean Boulevard Improvement project; and WHEREAS, the City has now received the required environmental clearances and can continue with the design work, however the expiration date of the original contract has passed; and
WHEREAS, in order to be reimbursed for any work moving forward, Caltrans Local Assistance is requiring a new professional services agreement be executed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a professional services agreement with ENGEO Incorporated for professional engineering and environmental services for the Cliff Avenue and Ocean Boulevard Storm Drain portion of the Ocean Boulevard Improvement Project in the amount of $160,000 (proposal provided as Exhibit A).

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby accepts the $149,131.50 Federal Highway Administration grant funding for the Cliff Avenue and Ocean Boulevard Storm Drain portion of the Ocean Boulevard Improvement Project.

BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $149,131.50 in Federal Highway Administration grant revenues, $160,000.00 in expenditures in the infrastructure account of the Capital Projects Fund, and appropriates a transfer of $10,868.50 from the Half-Cent Sales Tax Fund to the Capital Projects Fund, all in fiscal year 2023 to support the Cliff Avenue and Ocean Attachment 1
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Boulevard Storm Drain portion of the Ocean Boulevard Improvement Project, including appropriating any related transfers between funds.

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 2nd day of May 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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GEOTECHNICAL

ENVIRONMENTAL

WATER RESOURCES

CONSTRUCTION SERVICES

COASTAL/MARINE GEOTECHNICS
3890 Murphy Canyon Road, Suite 200  San Diego, CA 92123  (858) 573-6900 Fax (858) 573-8900 www.engeo.com

Project No.

T3051.000.000
March 2, 2023
Mr. Chad Stoehr
City of Pismo Beach
760 Mattie Road
Pismo Beach, California 93449
Subject: Ocean Boulevard Improvement Project Component B – Cliff Ave & Ocean Blvd Storm Drain Repair City of Pismo Beach Purchase Order. 0000000607 Federal Project No.: ER-32L0(040) City of Pismo Beach Permit No.: P20-000050 Pismo Beach, California

ESTIMATE OF ADDITIONAL DESIGN FEES AMENDMENT #4
Dear Mr. Stoehr:

Per your request, ENGEO has prepared the attached estimate of additional requested design fees associated with the Component B storm drain repair measures located on the seaward side of the intersection at Ocean Boulevard and Cliff Avenue near the southwest end of Dinosaur Caves Park (Latitude 35.152506°, Longitude -120.667655°) in Pismo Beach, California.

BACKGROUND INFORMATION
As you are aware, the first phase of environmental review and consultation resulted in a finding of potential impacts, specifically with regard to cultural resources within the Component B area of work (Cliff and Ocean), and where Caltrans subsequently determined that a Phase II study was required.

The City received NEPA clearance on this component from Caltrans Local Assistance. To avoid significant time delays, the City divided the Ocean Boulevard Improvement Project into two separate projects, for which a majority of the Components (A, C, D and E) are now in the process of being constructed. In addition to the challenges of cultural resource issues, Component B also has a buried sea cave of unknown dimensions that we have been reviewing, and also another nearby developing sea cave that will influence the overall repair design. While waiting for the Phase II study to be completed, we have performed numerous field mapping delineations of the adjacent project area and sea cave to help assess potential impacts to the overall design. Component B also has right-of-way impacts including proposed tiebacks extending into the adjacent private property, and an existing PG&E pole that is impacted by the repair.

ESTIMATE OF ANTICIPATED ADDITIONAL FEES

Based on our review and discussions with you, we are requesting an increase in budget of $160,000, with the various subconsultant’s fees broken down in the attached table.

Attachment 1.A
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City of Pismo Beach T3051.000.000
Ocean Boulevard Improvement Project Component B – Cliff Ave & Ocean Blvd March 2, 2023 ESTIMATE OF ADDITIONAL DESIGN FEES AMENDMENT #4 Page 2

We look forward to working with you to complete the design for this challenging and difficult project.

Please contact us if you have any questions or require additional information.

Sincerely,

ENGEO Incorporated

Walter F. Crampton, GE, D.CE Gene D. Spineto
Principal Engineer Senior Project Manager

wfc/gds/st/jg

Attachment: Estimate of Additional Design Fees

Attachment 1.A
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Item
No.ADDITIONAL DESIGN SERVICES Estimated Cost
Sea Cave Design Adjustment Component B - Ocean Blvd & Cliff Ave Project 1 Rincon - Cultural Resources $ 24,500
2 TerraCosta/ENGEO - Civil and Geotechnical Design & Coordination $ 101,800 3 MBS Land Surveying $ 5,200
4 Insight Structural Engineering - Structural $ 12,000 5 Blue Lake Civil - Pile Cap Walkway $ 16,500 Estimated Additional Fees:160,000$
Notes:Construction Management & Inspection Services bid under separate contract.

Not including separate ESDC (Engineering Services During Construction). 3/2/2023
Estimate of Additional Design Fees For
Ocean Blvd Improvement Project
and Cliff Ave/Ocean Blvd Bluff & Storm Drain Repair
City of Pismo Beach
Attachment 1.A
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1 of 12
Vendor Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES

This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and ENGEO Incorporated (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

RECITALS:

CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:

Cliff Ave & Ocean Blvd Storm Drain Repair – Design

VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR

VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.

VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. CITY’s City Manager may approve additional work not to exceed thirty thousand dollars ($30,000.00). Any additional work in excess of this amount shall be approved by the City Council. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.

II. TERM

Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through December 31, 2024. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.

III. COMPENSATION

A. VENDOR’s Fee

For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of one hundred sixty thousand dollars ($160,000), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.

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B. Schedule of Payment

VENDOR will submit invoices monthly for actual services performed and associated expenses.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.

IV. TERMINATION OF AGREEMENT

A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.

V. FORCE MAJEURE

If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.

VI. RETENTION OF FUNDS

VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.

VII. CITY REPRESENTATIVE

The Engineer is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this Attachment 2
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AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.

VIII. VENDOR REPRESENTATIVE(S)

The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.

IX. INDEPENDENT CONTRACTOR

VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

X. BUSINESS LICENSE

VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.

XI. OTHER LICENSES AND PERMITS

VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.

XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS

A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.

B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or

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printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.

C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.

XIII. INDEMNIFICATION

A. Non-design, non-construction Professional Services:

To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

B. Non-design, construction Professional Services:

To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

C. Design Professional Services:

In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, Attachment 2
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employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.

D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.

XV. INSURANCE

A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.

1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned,

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hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.

4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

5. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.

B. Other provisions or requirements:

1. Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.

2. Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, employees, or subconsultants.

3. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.

5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an Attachment 2
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assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.

6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non- compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.

8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

9. Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.

10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." CITY need not be named as an additional insured on professional liability insurance policies.

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

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12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party providing any work under the Scope of Services under the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.

14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.

15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

16. Timely notice of claims. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

17. Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Scope of Services.

XVI. SUBCONTRACTORS

Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;

B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and

C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.

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XVII. CONFLICT OF INTEREST

No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.

No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.

XVIII. NOTICE

All notices, requests, demands, or other communications under this AGREEMENT will be in writing.

Notice will be sufficiently given for all purposes as follows:

A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.

B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.

D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.

E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non- business day.

Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.

F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.

G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.

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XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING

This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.

The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.

XX. INTERPRETATION

The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.

XXI. SEVERABILITY

If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.

XXII. TIME OF ESSENCE

Time is of the essence in the performance of this AGREEMENT.

XXIII. GOVERNING LAW; JURISDICTION

This AGREEMENT will be administered and interpreted under the laws of the State of California.

Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.

XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS

VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.

XXV. WAIVER OF BREACH

No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.

XXVI. ATTORNEY’S FEES

Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party Attachment 2
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will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.

XXVII. EXHIBITS

All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.

In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.

XXVIII. VENDOR’S AUTHORITY TO EXECUTE

The persons executing this AGREEMENT on behalf of the VENDOR warrant that:

A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.

XXIX. INTEGRATION; AMENDMENT

This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.

Signatures begin on next page.

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CITY:

City of Pismo Beach, a Municipal Corporation

Signed:

Name: Benjamin A. Fine, P.E.

Title: Director of Public Works/City Engineer
Dated: ________________________________

Signed:

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

Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449

ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk

APPROVED AS TO FORM:

Signed:

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

ENGEO Incorporated

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________

Address for giving notice (See Section XVIII):
______________________________________
______________________________________

Email address for official communications:
______________________________________

Vendor Representative (See Section VIII):

Name/Title: ____________________________

Attachments:

Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
Attachment 2
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GEOTECHNICAL

ENVIRONMENTAL

WATER RESOURCES

CONSTRUCTION SERVICES

COASTAL/MARINE GEOTECHNICS
3890 Murphy Canyon Road, Suite 200 y San Diego, CA 92123 y (858) 573-6900y Fax (858) 573-8900 www.engeo.com
Project No.

T3051.000.000
March 2, 2023
Mr. Chad Stoehr
City of Pismo Beach
760 Mattie Road
Pismo Beach, California 93449
Subject: Ocean Boulevard Improvement Project Component B – Cliff Ave & Ocean Blvd Storm Drain Repair
City of Pismo Beach Purchase Order. 0000000607
Federal Project No.: ER-32L0(040)
City of Pismo Beach Permit No.: P20-000050
Pismo Beach, California
ESTIMATE OF ADDITIONAL DESIGN FEES AMENDMENT #4
Dear Mr. Stoehr:

Per your request, ENGEO has prepared the attached estimate of additional requested design fees associated with the Component B storm drain repair measures located on the seaward side of the intersection at Ocean Boulevard and Cliff Avenue near the southwest end of Dinosaur Caves Park (Latitude 35.152506°, Longitude -120.667655°) in Pismo Beach, California.

BACKGROUND INFORMATION
As you are aware, the first phase of environmental review and consultation resulted in a finding of potential impacts, specifically with regard to cultural resources within the Component B area of work (Cliff and Ocean), and where Caltrans subsequently determined that a Phase II study was required.

The City received NEPA clearance on this component from Caltrans Local Assistance. To avoid significant time delays, the City divided the Ocean Boulevard Improvement Project into two separate projects, for which a majority of the Components (A, C, D and E) are now in the process of being constructed. In addition to the challenges of cultural resource issues, Component B also has a buried sea cave of unknown dimensions that we have been reviewing, and also another nearby developing sea cave that will influence the overall repair design. While waiting for the Phase II study to be completed, we have performed numerous field mapping delineations of the adjacent project area and sea cave to help assess potential impacts to the overall design. Component B also has right-of-way impacts including proposed tiebacks extending into the adjacent private property, and an existing PG&E pole that is impacted by the repair.

ESTIMATE OF ANTICIPATED ADDITIONAL FEES
Based on our review and discussions with you, we are requesting an increase in budget of $160,000, with the various subconsultant’s fees broken down in the attached table.

City of Pismo Beach T3051.000.000
Ocean Boulevard Improvement Project Component B –Cliff Ave & Ocean Blvd March 2, 2023 ESTIMATE OF ADDITIONAL DESIGN FEES AMENDMENT #4 Page 2
We look forward to working with you to complete the design for this challenging and difficult project.

Please contact us if you have any questions or require additional information.

Sincerely,
ENGEO Incorporated
Walter F. Crampton, GE, D.CE Gene D. Spineto
Principal Engineer Senior Project Manager
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Attachment: Estimate of Additional Design Fees
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Council Agenda 5-2-2023 12.C-15
Packet Page 108

Item
No.ADDITIONAL DESIGN SERVICES Estimated Cost
Sea Cave Design Adjustment Component B - Ocean Blvd & Cliff Ave Project 1 Rincon - Cultural Resources $ 24,500
2 TerraCosta/ENGEO - Civil and Geotechnical Design & Coordination $ 101,800 3 MBS Land Surveying $ 5,200
4 Insight Structural Engineering - Structural $ 12,000 5 Blue Lake Civil - Pile Cap Walkway $ 16,500 Estimated Additional Fees:160,000$
Notes:Construction Management & Inspection Services bid under separate contract.

Not including separate ESDC (Engineering Services During Construction). 3/2/2023
Estimate of Additional Design Fees For
Ocean Blvd Improvement Project
and Cliff Ave/Ocean Blvd Bluff & Storm Drain Repair
City of Pismo Beach
Attachment 2
Council Agenda 5-2-2023 12.C-16
Packet Page 109