AGENDA
Pismo Beach City Council
Tuesday, June 20, 2023
Time Meeting Type Physical Location Virtual Participation Option 4:30 p.m. Closed Session City Hall None
5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual participation is offered via Zoom.
2 Broadcast meeting also available, for viewing only, on cable Channel 20 and online at pismobeach.org/agenda.
0.HYBRID MEETING INSTRUCTIONS:
These meetings are being conducted in a hybrid format with both in-person and virtual public participation. Ways to watch these meetings and submit public comment are provided below.
Watch and participate in person:
•Regular Meeting: Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. •To make Regular Meeting public comment, please submit an optional blue “speaker slip” to staff; the Mayor will ask you to approach the lectern to speak during the public comment period on your item of interest. •To make Closed Session public comment, please be present in the Council Chamber at the start of Closed Session; the Mayor will call for public comment prior to commencing the closed proceedings.
Watch and participate via Zoom:
•Regular Meeting only: Click this link on any computer or mobile device:
https://us02web.zoom.us/j/84823715585 . This URL may also be typed into a web browser. •To make Regular Meeting public comment, press the “raise your hand” button when the comment period for your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.
Listen and participate via telephone:
•Regular Meeting only: Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted.
•To make Regular Meeting public comment, press *9 to “raise your hand” when the comment period on your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.
Watch online:
•Regular Meeting only: Visit www.pismobeach.org/agenda and scroll to “Upcoming Events.” When the live broadcast begins, an “In Progress” link will appear; click this link to watch the livestream. A recording of the meeting will be available on demand shortly after the meeting ends.
Watch on Channel 20:
•Regular Meeting only: Tune to local cable channel 20 in Pismo Beach; the meeting will be broadcast live.
Meetings are also replayed at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day the following week.
Submit written comment:
•Regular Meeting and Closed Session: In advance of the meeting, written comments may be emailed to [email protected] or mailed or delivered to the City Clerk’s Office, 760 Mattie Road, Pismo Beach, CA 93449. During the Regular Meeting no later than the start of the comment period for your item of interest, written comment may be hand-delivered to staff in the Council Chamber. Emails submitted after the start of the meeting may not be fully considered prior to any action taken on the item.
Submit voicemail comment:
•Regular Meeting and Closed Session: Call 805-773-7005 and leave a voicemail before the meeting.
Voicemails submitted after the start of the meeting may not be fully considered prior to any action taken on the item. This automated voicemail line will not be answered or monitored for other purposes.
Please note:
•Meetings may begin a few minutes after the scheduled start time. •Meetings will be recorded, except closed sessions; these recordings are public record. •Phone numbers of call-in participants may be visible to other meeting participants, or in meeting recordings. •Phone numbers of voicemail commenters may be visible in the public record along with transcripts.
Please contact City Clerk Erica Inderlied at [email protected] with questions.
Council Agenda 6-20-2023
Pismo Beach City Council Agenda June 20, 2023
Special Closed Session—4:30 p.m.
City Hall, 760 Mattie Road, Pismo Beach, CA 93449
CALL TO ORDER: Mayor Waage
1. ROLL CALL:
Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Guthrie, Inman, Newton
2. PUBLIC COMMENT PERIOD – Council Chamber
At this time, members of the public may comment on any item appearing on the agenda.
Please adhere to the following procedures when addressing the Council:
• Please limit your comments to 3 minutes or less.
• Unduly disruptive behavior will not be permitted.
Documents submitted to the Council become public record unless otherwise exempt from disclosure.
3. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
Item 3.A: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: The City of Pismo Beach v. Tetra Tech, Inc.
San Luis Obispo Superior Court Case No. 22CV-0520
Item 3.B: Public Employee Performance Evaluation
Pursuant to Government Code Section 54957(b)
Title: City Attorney
4. CLOSED SESSION REPORT
If a regular meeting follows this Closed Session, the Closed Session Report will be made during the regular meeting.
5. ADJOURNMENT
Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, June 20, 2023 Council Chamber, City Hall
Council Agenda 6-20-2023
Pismo Beach City Council Agenda June 20, 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: Parks Make Life Better! Month (Jackson)
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 6-20-2023
Pismo Beach City Council Agenda June 20, 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:
1. Adopt Minutes of the May 26, 2023 Closed Session;
2. Adopt Minutes of the June 6, 2023 Closed and Regular Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for May 21, 2023.
2. Approve the Register of Demands for May 19, 2023 and May 26, 2023.
Item 9.C: Department Activity Reports for May 2023 (All)
Recommendation:
Receive reports as information only.
Item 9.D: Monthly Investment Transaction Report of the City’s Cash and Investments for April 2023 OF FY 2022-2023 (Feeser)
Recommendation:
No action required; information only.
Item 9.E: Update on January 9, 2023 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:
No action recommended; for information only.
Item 9.F: Amendment #1 to the Existing Agreement with Achievement House for Litter Removal Services (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Achievement House, Inc. for litter removal services from July 1, 2023 through June 30, 2025 in the amount of $164,509.20.
Council Agenda 6-20-2023
Pismo Beach City Council Agenda June 20, 2023
Item 9.G: Amendment #1 to the Agreement with Pavement Engineering, Inc. for Engineering Services During Construction Of The 2022 Paving Project (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Pavement Engineering, Inc. in the amount of $156,030.50 for Engineering Services During Construction of the 2022 Paving Project.
Item 9.H: Authorization of a Local Coastal Program Local Assistance Grant Application to the California Coastal Commission (Downing) Recommendation:
Adopt a Resolution authorizing the submission of a grant application for, and receipt of, up to $500,000 in funding to assist in updating the City’s Local Coastal Program from the California Coastal Commission.
10.ITEMS PULLED FROM CONSENT CALENDAR
11.PUBLIC HEARINGS - No earlier than 6:00 p.m.
GENERAL PROCEDURES FOR PUBLIC HEARINGS (Mayor/Presiding Officer reserves discretion to set speaking allowances):
1. City staff will present the staff report and recommendation, and respond to technical/clarifying questions from Council;
2. Mayor will open the public hearing, and invite the project applicant, or representative, to present the project (Limited to 10 mins);
3. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to present their appeal (Limited to 10 mins);
4. Mayor will then ask other interested persons to testify regarding the project (Limited to 3 mins per speaker);
5. Mayor will invite the project applicant, or representative, to make a rebuttal if desired (Limited to 5 mins);
6. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to make a rebuttal if desired (Limited to 5 mins);
7. Mayor will close the public hearing, following which the Council will deliberate and act on the matter.
Item 11.A: Protest Hearing for Declaration of Properties as Non-Compliant for Weed and Rubbish Abatement (Lee)
Recommendation:
Conduct a public hearing to hear protests from property owners whose properties have been identified as non-compliant for weed abatement.
Item 11.B: Appeal of the Planning Commission Denial of Project No. P22-000004, a Request for a Coastal Development Permit and Variance to Develop a Rainwater Collection and Retention System for an Existing Residence.
Location – 3990 Shell Beach Road. The Project is within the Coastal Zone and is Not Appealable to the Coastal Commission. (Downing) Recommendation:
Adopt a Resolution denying the appeal and upholding the Planning Commission denial of Project No. P22-000004 and making a determination of exemption under CEQA. Location – 3990 Shell Beach Road. APN 010-154- 037.
Council Agenda 6-20-2023
Pismo Beach City Council Agenda June 20, 2023
12.BUSINESS ITEMS - May be reordered and heard prior to Public Hearings Item 12.A: Public Safety Facility Façade Option (Garcia) Recommendation:
Provide direction to staff on the preferred façade option for the fire station.
Item 12.B: Fire Department Semi-Annual Report (Lee)
Recommendation:
Receive Fire Department briefing.
Item 12.C: Pier Concession License Agreement Extensions (Jackson) Recommendation:
Direct staff to:
1.Execute an extension of the existing License Agreement with Sheldon’s Bait Shack for operation of the Pier bait shack;
2.Execute an extension of the existing License Agreement with Rib Line by the Beach LLC for operation of the Sunsets at the Pier concession stand.
13.CITY COUNCIL COMMENTS AND REQUESTS - No action to be taken
14.ADJOURNMENT
To the following meeting(s). Special and Closed Session times may be subject to change, as noticed. Meetings will be held in a hybrid in-person / virtual format unless otherwise noted:
Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, July 4, 2023 CANCELLED Regular Meeting 5:30 p.m. Tuesday, July 18, 2023 Council Chamber, City Hall Regular Council meetings will adjourn by 11:00 p.m. unless four-fifths of the Council votes to continue past that time. If the meeting is adjourned at 11:00 p.m., any remaining agenda items will be continued to the next regular meeting (R-97-04).
AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the June 20, 2023 meeting(s) of the Pismo Beach City Council was posted on June 15, 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.
Council Agenda 6-20-2023
Pismo Beach City Council Agenda June 20, 2023
Related Materials: All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at [email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. Please call (805) 773-7003 with any questions.
Broadcasting: Regular (televised) City Council meetings are available for viewing 24/7 at pismobeach.org/agenda, broadcast live on Channel 20, and re-broadcast during the week following the meeting on Channel 20 at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day.
Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment during public comment or as part of a scheduled presentation, 24 hours prior to the meeting at (805) 773-7003.
Notice Regarding Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need agenda documents provided in an alternative format, please contact the City Clerk’s Office at 773-7003 as soon as possible prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-
35.104 ADA Title II).
Council Agenda 6-20-2023
A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH RECOGNIZING JULY 2023 AS PARKS MAKE LIFE BETTER! MONTH
WHEREAS, Parks and Recreation promotes physical, emotional, and mental health and wellness through organized and self-directed fitness, play, and activity; and WHEREAS, Parks and Recreation supports the economic vitality of communities by partnering with local businesses, promoting community revitalization, increasing tourism, providing jobs, and generating revenues; and
WHEREAS, Parks and Recreation creates memorable experiences through enrichment activities for all ages, free community events, quality youth and senior programming, and opportunities for community involvement; and
WHEREAS, Parks and Recreation fosters social cohesiveness in communities by celebrating diversity, providing spaces to come together peacefully, modeling compassion, promoting social equity, connecting social networks, and ensuring all people have access to its benefits; and WHEREAS, Parks and Recreation supports human development and endless learning opportunities that foster social, intellectual, physical and emotional growth in people of all ages and abilities; and WHEREAS, Parks and Recreation strengthens community identity by providing facilities and services that reflect and celebrate community character, heritage, culture, history, aesthetics, and landscape; and
WHEREAS, Parks and Recreation supports safe, vibrant, attractive, progressive communities that make life better through positive alternatives offered in their recreational opportunities; and WHEREAS, Parks and Recreation remains versatile and innovative in providing vital services to communities through local, national, or global emergencies, all while adhering to guidelines set forth by governing agencies.
NOW, THEREFORE, the City Council of the City of Pismo Beach hereby proclaims the month of July 2023 as Parks Make Life Better! Month and in doing so, recognizes the importance of access to local parks, trails, open space, and facilities for the health, wellness, development, inspiration, and safety of all citizens.
Dated this 20th day of June, 2023
________________________
Ed Waage, Mayor
Council Agenda 6-20-2023 4.A-1
Packet Page 1
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.A
`
SUBJECT/TITLE:
ADOPTION OF MEETING MINUTES
RECOMMENDATION:
1.Adopt Minutes of the May 26, 2023 Closed Session;
2.Adopt Minutes of the June 6, 2023 Closed and Regular Meeting.
BACKGROUND:
Attached for the Council’s consideration are the draft minutes of the subject meetings for review and adoption.
FISCAL IMPACT:
There is no fiscal impact associated with the preparation or adoption of meeting minutes.
ALTERNATIVES:
1. Adopt the minutes with revisions.
2.Decline to adopt the minutes; provide direction or request additional information.
ATTACHMENTS:
1.Draft Minutes for May 26, 2023
2.Draft Minutes for June 6, 2023
Meeting Date: June 20, 2023 Submitted by: Erica Inderlied, City Clerk Interim City Manager Approval:
Council Agenda 6-20-2023 9.A-1
Packet Page 2
DRAFT MINUTES
Pismo Beach City Council
Friday, May 26, 2023
Special Closed Session—1:00 p.m.
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 1:00 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:
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
2.PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3.ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Waage announced the Closed Session item listed below.
Item 3.A: Conference with Real Property Negotiators (Government Code §54956.8) Property: APN: 005-078-017, 320 Main Street
Agency Negotiator: James R. Lewis, City Manager
Negotiating Parties: Justin Carey
Under Negotiation: Price and Terms of Payment
4.CLOSED SESSION REPORT
City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above item.
Council Agenda 6-20-2023 9.A-2
Attachment 1
Packet Page 3
5.ADJOURNMENT
At 1:30 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 6-20-2023 9.A-3
Attachment 1
Packet Page 4
DRAFT MINUTES
Pismo Beach City Council
Tuesday, June 6, 2023
Special Closed Session—4:30 p.m.
City Hall, 760 Mattie Road, Pismo Beach, CA 93449
The City Council of the City of Pismo Beach met this date in a special closed session with Mayor Waage presiding.
CALL TO ORDER: Mayor Waage called the meeting to order at 4:30 p.m.
1.ROLL CALL:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:
David Fleishman, City Attorney
Jorge Garcia, Interim City Manager
2.PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3.ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session item listed below.
Item 3.A: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: Travelers Property Casualty Company of America, et al. v.
City of Pismo Beach, et al., San Luis Obispo County Superior Court Case No. 22CV-0620
4.CLOSED SESSION REPORT
City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above item.
Council Agenda 6-20-2023 9.A-4
Attachment 2
Packet Page 5
5.ADJOURNMENT
At 5:20 p.m., to the 5:30 p.m. Regular Meeting.
Council Agenda 6-20-2023 9.A-5
Attachment 2
Packet Page 6
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
Eric Eldridge, Senior Engineer
Nadia Feeser, Administrative Services Director
David Fleishman, City Attorney
Jorge Garcia, Interim City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
Jeff Smith, Chief of Police
Other staff present as noted below
2.PLEDGE OF ALLEGIANCE
Mayor Waage led the Pledge of Allegiance.
3.ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
4.PRESENTATIONS
None.
Council Agenda 6-20-2023 9.A-6
Attachment 2
Packet Page 7
5. PUBLIC COMMENT PERIOD
Call for public comment:
Dave Daguerre commented.
Connie Marangi commented.
Jim DeCecco commented.
6. CITY MANAGER’S REPORT
Interim City Manager Garcia commented on various topics.
7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman reported that the Council had taken no reportable action during its 4:30 p.m. Closed Session.
8. COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:
Mayor Waage:
Central Coast Blue Regional Recycled Water Authority.
San Luis Obispo Council of Governments (SLOCOG) Board.
9. CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Guthrie
Second: Newton
Vote: The motion passed on the following vote (Items 9.A through 9.J):
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 May 16, 2023 Closed and Regular Meeting.
Council Agenda 6-20-2023 9.A-7
Attachment 2
Packet Page 8
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for May 7, 2023.
2. Approve the Register of Demands for May 5, 2023 and May 12, 2023.
Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for March 2023 of FY 2022-2023 (Feeser)
Recommendation:
No action required; information only.
Item 9.D: Quarterly Investment Report for the Three Months of January through March 2023—the Third Quarter of FY 2023 (Feeser)
Recommendation:
No action required; information only.
Item 9.E: Setting the Water Service Special Tax Rate for Fiscal Year 2023- 2024 at $220.90, and Approving Posting of Said Tax to the County Assessment Roll (Feeser)
Recommendation:
Adopt a Resolution approving the updated Engineer’s
Parcel/Equivalent Dwelling Unit (EDU) Table, setting the water service special tax rate for Fiscal Year 2023-2024 at $220.90, and approving posting of said tax to the County assessment roll per Government Code Section 50077(b).
Legislative Record: Resolution R-2023-037 adopted.
Item 9.F: Fiscal Year 2024 Appropriations Limit (Gann Limit) for the City of Pismo Beach (Feeser)
Recommendation:
Adopt a Resolution accepting the Fiscal Year 2024 Appropriations Limit for the City of Pismo Beach.
Legislative Record: Resolution R-2023-038 adopted.
Council Agenda 6-20-2023 9.A-8
Attachment 2
Packet Page 9
Item 9.G: Notice Of Completion for the City Corporation Yard Maintenance Building Remodel & Addition, City Hall 1st Floor Safety Enhancement and Employee Lounge Tenant
Improvements Project (Fine)
Recommendation:
Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the City Corporation Yard Maintenance Building Remodel & Addition, City Hall 1st Floor Safety Enhancement and Employee Lounge Tenant Improvements Project.
Item 9.H: Cooperation Agreement with the County of San Luis Obispo for Participation in the San Luis Obispo Urban County Community Development Block Grant (CDBG) Federal Program (Downing) Recommendation:
Adopt a Resolution approving a Cooperation Agreement with the County of San Luis Obispo for participation in the San Luis Obispo Urban County for the Federal Community Development Block Grant Entitlement Program for Program Years 2024-2027.
Legislative Record: Resolution R-2023-039 adopted.
Item 9.I: Contract Amendment #2 with Brenntag Pacific for Supply of Sodium Bisulfite (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute Amendment #2 to the existing Professional Services Agreement with Brenntag Pacific, Inc. to supply sodium bisulfite in an amount not to exceed $56,376 for Fiscal Year 2024.
Legislative Record: Resolution R-2023-040 adopted.
Item 9.J: Contract Amendment #1 with Olin Corporation for Supply Of Sodium Hypochlorite (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Olin Corporation, dba Olin Chlor Alkali Products and Vinyls (Olin Corp) to supply sodium hypochlorite in an amount not to exceed $126,360 for Fiscal Year 2024.
Legislative Record: Resolution R-2023-041 adopted.
Council Agenda 6-20-2023 9.A-9
Attachment 2
Packet Page 10
10. ITEMS PULLED FROM CONSENT
None.
12. BUSINESS ITEMS
This item was reordered.
Item 12.A: Adoption of Biennial Budgets for the City of Pismo Beach for Fiscal Year 2024 and Fiscal Year 2025: July 1, 2023 through June 30, 2025 (Feeser)
Recommendation:
Adopt a Resolution adopting biennial budgets for the City of Pismo Beach for Fiscal Year 2024 and Fiscal Year 2025: July 1, 2023 through June 30, 2025.
Presenting staff:
Nadia Feeser, Administrative Services Director
Jorge Garcia, Interim City Manager
Call for public comment: No comment.
Action: Adopt a Resolution adopting biennial budgets for the City of Pismo Beach for Fiscal Year 2024 and Fiscal Year 2025: July 1, 2023 through June 30, 2025.
Motion: Newton
Second: Reiss
Vote: The motion passed on the following vote:
Ayes: 5 Newton, Reiss, Guthrie, Inman, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-042 adopted.
Council Agenda 6-20-2023 9.A-10
Attachment 2
Packet Page 11
11.PUBLIC HEARINGS
Item 11.A: Extension of Interim Urgency Ordinance Imposing a Citywide Moratorium Prohibiting the Issuance of Short-Term Rental Licenses Pursuant to Government Code Section 65858 (Downing)
Recommendation:
1.Conduct a Public Hearing to receive input on the extended urgency ordinance;
2.Adopt an Extended Interim Urgency Ordinance imposing a moratorium on the issuance of short-term rental licenses pursuant to Government Code Section 65858.
Presenting staff:
Matt Downing, Community Development Director
Jorge Garcia, Interim City Manager
Public Hearing / Call for public comment:
Katrina Titus commented.
Action: Adopt an Extended Interim Urgency Ordinance imposing a moratorium on the issuance of short-term rental licenses pursuant to Government Code Section 65858.
Motion: Reiss
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes: 5 Reiss, Guthrie, Inman, Newton, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Ordinance O-2023-003 adopted.
Council Agenda 6-20-2023 9.A-11
Attachment 2
Packet Page 12
12.BUSINESS ITEMS
Item 12.A: Adoption of Biennial Budgets for the City of Pismo Beach for Fiscal Year 2024 and Fiscal Year 2025: July 1, 2023 through June 30, 2025 (Feeser)
Recommendation:
Adopt a Resolution adopting biennial budgets for the City of Pismo Beach for Fiscal Year 2024 and Fiscal Year 2025: July 1, 2023 through June 30, 2025.
This item was reordered and heard prior to Item 11.A.
Item 12.B: Public Safety Facility Exterior Façade Options (Garcia) Recommendation:
Receive an update for the Public Safety Facility Project, including exterior façade options, and provide direction.
Presenting staff:
Jorge Garcia, Interim City Manager
Paul Lee, Battalion Chief
Presenting staff:
Jorge Garcia, Interim City Manager
Guest presenters:
Eric Wohle, LDA Partners
Stephen Seibly, F&H Construction
Public Hearing / Call for public comment:
Dave Daguerre commented.
Action: Provide the following direction to staff:
1.Reuse brick from the current facility in the construction of the new facility.
2.Utilize the “softening” measures depicted in the conceptual rendering to minimize the visual impact of the second floor of the police station.
3.Proceed with fire station façade treatments depicted as “Option 3” in staff’s presentation, revising the concept as follows:
Council Agenda 6-20-2023 9.A-12
Attachment 2
Packet Page 13
• Incorporate stucco on the upper portion of the left and right wings of the fire station building as shown in Option 1, in a manner that matches the proposed police station façade, incorporating brickwork as accents along the parapets and above the
apparatus bay doors;
• Centralize the use of brick in the middle portion of the building;
• Utilize brown for the apparatus bay doors;
• Utilize arched entryways to mimic the design of the old school building.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Item 12.C: Public Safety Facility Relocation Plan (Garcia)
Recommendation:
No action recommended; for information only.
Presenting staff:
Jorge Garcia, Interim City Manager
Paul Lee, Battalion Chief
Call for public comment: No comment.
Action: No action.
Item 12.D: Direction on Bello Street and Price Canyon Road Intersection (Fine)
Recommendation:
Accept the Technical Memorandum prepared for the Bello Street at Price Canyon Road Intersection Alternative Analysis and direct staff to move forward with design of the project plans and specifications, and preparation of the construction bid documents, for a project at the intersection.
Presenting staff:
Eric Eldridge, Senior Engineer
Jorge Garcia, Interim City Manager
Council Agenda 6-20-2023 9.A-13
Attachment 2
Packet Page 14
Call for public comment:
Dave Daguerre commented.
Tedd commented.
Action: Accept the Technical Memorandum prepared for the Bello Street at Price Canyon Road Intersection Alternative Analysis and direct staff to move forward with design of the project plans and specifications, and preparation of the construction bid documents, for a project at the intersection, utilizing a traditional signalized intersection model.
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
Item 12.E: Amendment #1 to the Agreement with Cannon Corporation for Construction Management, Resident Engineer, Inspection, Materials Testing and Environmental Monitoring Services for the Ocean Boulevard Improvements Project (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Cannon Corporation in the amount of $115,400 for Construction Management, Resident Engineer, Inspection, Materials Testing and Environmental Monitoring Services for the Ocean Boulevard Improvements Project.
Presenting staff:
Eric Eldridge, Senior Engineer
Jorge Garcia, Interim City Manager
Call for public comment: No comment.
Action: Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Cannon Corporation in the amount of $115,400 for Construction Management, Resident Engineer, Inspection, Materials Testing and Environmental Monitoring Services for the Ocean Boulevard Improvements Project.
Council Agenda 6-20-2023 9.A-14
Attachment 2
Packet Page 15
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes: 5 Newton, Guthrie, Inman, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-043 adopted.
Item 12.F: Direction on Dog Park Location (Garcia)
Recommendation:
Provide direction on the next steps toward the development of a dog park.
Presenting staff:
Jorge Garcia, Interim City Manager
Call for public comment:
Dorothy Hamilton commented.
Action: Table consideration of the development of a dog park indefinitely.
In support: 3 Inman, Reiss, Waage
In opposition: 2 Guthrie, Newton
Absent: 0
Abstain: 0
Recused: 0
13.CITY COUNCIL COMMENTS AND REQUESTS
Majority consensus to direct staff to return with an agenda item allowing the Council to re-evaluate the City’s agreement with Coastal Christian school for the use of City water for fire suppression purposes.
14.ADJOURNMENT
At 7:40 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 6-20-2023 9.A-15
Attachment 2
Packet Page 16
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 May 21, 2023.
2. Approve the Register of Demands for May 19, 2023 and May 26, 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: June 20, 2023
Nadia Feeser, Administrative Services Director / City Treasurer Interim City Manager Approval:
Council Agenda 6-20-2023 9.B-1
Packet Page 17
FOR PERIOD ENDING 05/21/23
CHECKS DATED 05/26/23
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 556972‐556978 7
ACH 130
EARNINGS
REGULAR 372,319.91
HOLIDAY 5,160.44
OVERTIME (Includes Comp Time Payouts)22,607.56
Administration
Building
Conference & Visitors Bureau
Police Department 19,236.25
Parking
Engineering
Fire
Recreation
Public Works 648.92
Water 1,558.59
Wastewater 1,163.80
Motor Vehicles
Subtotal‐Overtime 22,607.56$
SALARY ADJUSTMENTS ‐
TRAINING / UNIFORM ALLOWANCE ‐
OTHER EARNINGS 15,173.81
$415,261.72
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 39,141.76
FICA & MEDICARE 31,196.57
STATE INCOME TAX 14,058.61
STATE DISABILITY INSURANCE 3,509.09
GARNISHMENTS 584.76
HEALTH 2,035.24
SUPPLEMENTAL DISABILITY 1,587.62
SECTION 125 2,825.32
PERS 30,219.12
DEFERRED COMPENSATION 11,191.12
ADDITIONAL LIFE INSURANCE 301.92
UNION DUES 2,456.17
PISMO ATHLETIC CLUB 195.00
OTHER
NET PAYROLL $275,959.42
DIRECT DEPOSIT DEDUCTION 270,888.29
NET PAYROLL AFTER ACH DEPOSIT 5,071.13
SUMMARY PAYROLL REGISTER
Council Agenda 6-20-2023 9.B-2
Attachment 1
Packet Page 18
City of Pismo Beach
Final Disbursement List Check Date 05/19/2023
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
ACH 12944 Leaf 05/19/2023 1,322.25$ Monthly Copier Lease May 2023 ACH 14547 Quadient, Inc ‐ Postage 05/19/2023 2,000.00
Postage 3/29/23
125976 10434 Abalone Coast Analytical Inc 05/19/2023 120.00 Water Analysis 5/8/23
125977 12433 Alpha Electrical Service Inc 05/19/2023 1,340.00 Vista Del Mar Pump Repair
125978 12623 AT&T 9391012188 05/19/2023 3,540.52
Phone Bill 04/10/2023 ‐ 05/09/2023
125979 13278 AT&T 9391059148 05/19/2023 3,180.69
Phone Bill ‐ 03/10/2023 ‐ 04/09/2023
125980 13460 AT&T Mobility 287284035974 05/19/2023 1,225.36 Cell Phone Services‐ April 2023 125981 14363 AT&T Mobility 287314925891 05/19/2023 80.48 iPad Services for April 2023
125982 11501 Backyard Improvement Center 05/19/2023 1,158.09 Maintenance Supplies
125983 14448 David Blanchard 05/19/2023 202.00 M&IE: Background Investigation 5/11‐5/13/23 125984 14119 Boone Printing & Graphics, Inc. 05/19/2023 160.60 Business Cards
125985 14578 Shelby Bowen 05/19/2023 120.00
Instructor: Just Do Something 4/25 ‐ 5/1/23 #11108
125986 12841 Robert Brenman 05/19/2023 40.00 Senior Dance Band Member 5/8/23 125987 11392 Brenntag Pacific Inc. 05/19/2023 1,793.09
Sodium Bisulfite
125988 14581 Allison Brockway 05/19/2023 500.00
Refund: Deposit PBVH Event 4/22/23
125989 14037 Harmony Brown 05/19/2023 182.00 M&IE: Laserfiche Empower 5/30 ‐ 6/1/23 125990 10074 Burdine Printing 05/19/2023 134.98
Event Postcards
125991 14476 Burt Industrial Supply, Inc 05/19/2023 206.58 Maintenance Supplies
125992 12610 CalPortland Construction 05/19/2023 449.68 WWTP Maintenance
125993 14554 Jeffrey Cardinal 05/19/2023 40.00
Senior Dance Band Member 5/8/23
125994 10799 Lindsay Carter Coates 05/19/2023 260.00 Instructor: Yoga with Lindsay 4/3 ‐ 4/26/23 #11186 125995 10303 Damon Castillo 05/19/2023 1,800.00
Mother's Day Concert ‐ Pacific Breeze Concerts ‐ 5/14/23 125996 11451 Channel Islands Technology Integrators' Group 05/19/2023 5,698.34 Professional IT Services
125997 11231 Coastal Peaks Coffee 05/19/2023 139.75
Coffee
125998 14313 Culligan/Santa Maria 05/19/2023 236.14
Drinking Water Apr 2023
125999 UB*01000 RACHEL FOOTE & DALE PEDERSON (T) 05/19/2023 84.04 Refund Check 017360‐000, 619 VISTA PACIFICA
126000 14580 Luisrene Delrealbarajas 05/19/2023 777.00 Refund Evidence: Case #221363/ Co# 22F‐06626
126001 14217 Deltina Coffee Roasters 05/19/2023 62.50 Coffee 126002 12307 Department Of Justice 05/19/2023 520.00
Livescan Services ‐ March & April 2023
126003 13586 Famcon Pipe & Supply Inc. 05/19/2023 1,019.32 Distribution Maintenance
126004 11868 FGL Environmental 05/19/2023 613.00
Water Analysis 4/5/23
126005 14097 Julia Goodman 05/19/2023 386.04
M&IE: Laserfiche Empower 2023 5/31‐6/1/23
126006 10398 Liliana Graham 05/19/2023 424.00
Instructor: Ballroom Dance 4/3 ‐ 4/24/23 #11191
126007 10398 Liliana Graham 05/19/2023 250.00
Refund: Deposit PBVH event 4/15/23
126008 12235 Granicus, LLC 05/19/2023 3,743.84 Legislative Meeting Web streaming 4/28/23 ‐ 7/27/23 126009 10377 Hdl, Coren & Cone 05/19/2023 2,467.91
Property Tax Consulting & Audit Information Apr‐June 2023 126010 14569 Housing Authority of the City of San Luis Obispo 05/19/2023 133,730.94 Disbursement 1 ‐ HASLO Grant Agreement
126011 14295 Jennifer Hunt 05/19/2023 182.00
M&IE: Laserfiche Empower 5/30 ‐ 6/1/23
126012 13276 InfoSend, Inc. 05/19/2023 1,482.31
Data Processing‐Printing‐Mailing Utility Bills & Weed Abatement Insert Apr 2023 126013 11828 Gordon Jackson 05/19/2023 238.00
M&IE: IPW 5/21 ‐ 5/25/23
126014 13002 Justin Klier 05/19/2023 250.00
Reimb: Annual Safety Boots FY23
126015 11590 Leatham Family, LLC 05/19/2023 782.32
Breast Badge Patches
126016 12096 Lee Wilson Electric Co Inc 05/19/2023 572.09 Signal Light Maintenance March 2023 & Service Call April 2023 126017 10175 Life‐Assist, Inc. 05/19/2023 336.70
Medical Supplies ‐ Fire
126018 10097 Miners Hardware 05/19/2023 380.17
Maintenance Supplies
126019 13894 Leah Moss 05/19/2023 408.69
M&IE: Laserfiche Empower 5/30‐6/1/23
126020 11172 Mullahey Ford 05/19/2023 1,893.12
Vehicle Maintenance
126021 10039 New Times 05/19/2023 267.00
Legal Advertising
126022 14573 Nviro 05/19/2023 600.00
5 Cities Lift Station Maintenance
126023 12804 Oceano Community Services District 05/19/2023 300.00 2023 PW Week BBQ
126024 14343 ODP Business Solutions, LLC 05/19/2023 244.80 Office Supplies
126025 10728 Oilfield Environmental & Compliance, Inc. 05/19/2023 2,998.50 Lab Analysis March 2023
126026 12036 Erin Olsen 05/19/2023 408.69
M&IE: Laserfiche Empower 5/30‐6/1/23
126027 12315 Pacific Gas & Electric Company 05/19/2023 3,192.86 Electricity 4/6 ‐ 5/7/23
126028 12335 Procare Janitorial Supply Inc 05/19/2023 1,100.78 Janitorial Supplies
126029 14572 Brad Pullen 05/19/2023 18.00
Reimb: Parking BATI Training 4/24 ‐ 4/28/23
126030 13255 Rib Line 05/19/2023 5,294.77
Deposit ‐ July 4th Celebration Catering
126031 14501 Sheila Rothstein 05/19/2023 166.00
M&IE: Laserfiche Empower 5/30‐6/1/23
126032 13051 Micki Salazar 05/19/2023 91.00
MI&E: Laserfiche Empower 5/31‐6/1/23
126033 12028 San Luis Obispo County Public Works Dept 05/19/2023 643,993.86 Prelim Semi Annual Lopez Water Contract FY24 & Correction of Surplus Water Costs for Final FY22 126034 13994 SBRK Finance Holdings, Inc. 05/19/2023 610.00 Payroll Review & CivicPay IVR Transaction Fees Apr 2023 126035 14582 Frank Serpa Revocable Trust 05/19/2023 184.80 Refund: Rental Fees ‐ Cancelled MP Event 9/9/23
126036 13913 Silvas Oil Co., Inc 05/19/2023 6,988.65
Diesel & Unleaded Fuel Deliveries 4/28/23
126037 14099 Jeffrey Smith 05/19/2023 91.00
M&IE: CPCA BOD Mtg 6/1 ‐ 6/2/23
126038 12925 Smith's Alarms & Electronics 05/19/2023 90.00 Security Monitoring: Price House ‐ June ‐August 2023
126039 11539 Eva Snopek Keehn 05/19/2023 142.40
Instructor: Dog Obedience 4/19 ‐ 5/31/23 #11207
126040 13786 Eric Soderquist 05/19/2023 500.00
Public Art
126041 12806 Donald G. Stever 05/19/2023 40.00
Senior Dance Band Member 5/8/23
126042 14072 Stresscrete, Inc. 05/19/2023 2,715.31
Streets Maintenance
126043 11397 Tarco Industries Inc 05/19/2023 398.57
Vehicle Maintenance
126044 12629 Tetra Tech Inc 05/19/2023 2,547.50
Map Checking ‐ March 2023
126045 14459 Melanie Thurston 05/19/2023 91.00
MI&E: Laserfiche Empower 5/31‐6/1/23
126046 12924 Traffic Management Inc 05/19/2023 1,114.09 Street Signs
126047 12415 Transitions Mental Health Association 05/19/2023 172.00 Refund: PBVH Rental 6/2/23
126048 11165 Tri County Office Furniture 05/19/2023 2,118.58 IT Office Furniture
126049 12982 Ultrex Business Products 05/19/2023 1,352.14 City‐Wide Copier Usage April 2023
126050 12041 United Rentals Northwest, Inc 05/19/2023 900.00 Collection Systems Maintenance
126051 12132 White Flag Pest Control Inc 05/19/2023 495.00 Pest Control ‐ May 2023
126052 13377 Willdan Financial Services 05/19/2023 2,230.00 Comprehensive User Fee Study and Cost Allocation Plan ‐ Mar 2023 126053 13372 Stephanie Wilson 05/19/2023 182.00
M&IE: Laserfiche Empower 5/30‐6/1/23
Total:858,173.84$
Council Agenda 6-20-2023 9.B-3
Attachment 2
Packet Page 19
City of Pismo Beach
Final Disbursement List Check Date 05/26/2023
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
ACH 13455 Wex 05/26/2023 1,120.02$ Fuel for City Vehicles 04/07/23 ‐ 05/07/23 ACH 10002 Internal Revenue Service 05/26/2023 101,534.90 Federal Income Tax PD 05/26/23 ACH 10371 Visit SLO County 05/26/2023 119,075.79 TMD Payments March 2023 ACH 11305 Public Employees Retirement System 05/26/2023 63,422.43 PERS Retirement EE & ER PD 05/26/2023 ACH 12017 Vantagepoint Transfer Agents 05/26/2023 9,549.00 Retiree Health Longevity Premiums ‐ PD 06/01/23 ACH 12211 CA. Public Emp Retirement Sys 05/26/2023 112,176.11 Medical Insurance ‐ June 2023 ACH 12260 dba: Mission Square ICMA Retirement Trust ‐ 457 05/26/2023 24,531.16 ICMA 457 Deferred Comp EE & ER PD 05/26/23 ACH 12305 Franchise Tax Board 05/26/2023 17,521.31 State Income Tax & SDI PD 05/26/23 ACH 12360 CalPERS 457 Plan 05/26/2023 541.67 PERS 457 Deferred Comp EE & ER PD 05/26/23 ACH 12708 dba: Mission Square ICMA Retirement Trust‐Roth IR 05/26/2023 350.00 ICMA Roth IRA PD 05/26/23 ACH 14257 Igoe Administrative Services 05/26/2023 4,692.38 IGOE FSA and DDS Reimbursement ‐ May 2023 126054 10434 Abalone Coast Analytical Inc 05/26/2023 120.00 Water Analysis 5/25/23 126055 10446 Achievement House, Inc. 05/26/2023 9,779.55 Pismo & Shell Beach Litter Removal & Clean‐Up ‐ April 2023 126056 11882 Alexander's Contract Services Inc 05/26/2023 3,239.47 Water Meter Reading Services May 2023 126057 10294 Allstar Fire Equipment 05/26/2023 119,224.59 SCBA Packs & Additional Cylinders 126058 14514 BEK Collective Inc 05/26/2023 2,812.00 James Way Beautification & Design ‐ April 2023 126059 11852 Bill Gaines Audio Inc 05/26/2023 2,409.00 Audio ‐ Summer Concert Series 6/11/23 & Mother's Day 126060 14119 Boone Printing & Graphics, Inc. 05/26/2023 61.36 Business cards 126061 11392 Brenntag Pacific Inc. 05/26/2023 1,779.50 Sodium Bisulfite 126062 14038 Bureau Veritas North America, Inc. 05/26/2023 9,530.00 Building Plan Review: 1/5 ‐ 1/13/23 & 6/13 ‐ 7/29/22 126063 14402 Carol A. Burner 05/26/2023 866.66 900 Bello Lease ‐ June 2023 126064 10626 California Highway Adoption Co 05/26/2023 1,050.00 Highway 101 On/Off Ramp Trash Mitigation ‐ May 2023 126065 14583 California Military Department 05/26/2023 180.00 Training 4/10/23 126066 14349 Callander Associates Landscape Architecture, Inc 05/26/2023 16,255.78 Palisades Park Sports Courts ‐ April 2023 126067 12610 CalPortland Construction 05/26/2023 2,300,727.09 Paving Project ‐ Progress Payment 9 & 10 126068 10085 Cannon Associates 05/26/2023 110,725.51 Paving Project & Ocean Blvd CM ‐ Apr 2023 126069 10269 Carquest Auto Parts 05/26/2023 108.20 Equipment Maintenance 126070 14027 Central Coast Landscape Products, Inc. 05/26/2023 317.12 Park Maintenance 126071 13951 Central Coast Portables 05/26/2023 1,377.60 Price House & Tennis Courts Portable Toilets ‐ March & April 2023 126072 11451 Channel Islands Technology Integrators' Group 05/26/2023 23,639.16 Monthly Help Desk May 2023, VM Migration, O365, Phone Licenses & Backup Subscriptions April 2023 126074 10379 City Of San Luis Obispo 05/26/2023 185.00 Pool use for Junior Lifeguard swim test 126075 14415 CLAD Consulting, Inc. 05/26/2023 11,812.50 Addie St PIP, 478 Hinds & N. Shell beach Rd Storm Drain Inspections ‐ Apr 2023 126076 14382 CleanStreet, LLC 05/26/2023 13,662.62 Street Sweeping ‐ April 2023 126077 13842 ClientFirst Consulting Group, LLC 05/26/2023 487.50 Tech Design Specs Public Safety Facility ‐ Opt D Apr 2023 126078 11231 Coastal Peaks Coffee 05/26/2023 52.00 Coffee 126079 14303 County of San Luis Obispo 05/26/2023 243.76 Test Well Annual Fee 5/3/23‐1/18/24 126080 13869 Matt Downing 05/26/2023 148.00 M&IE: Laserfiche Empower 2023 5/31‐6/1/23 126081 11222 Drive Customs 05/26/2023 184.88 Equipment Maintenance 126082 11067 E & J Auto Parts, Inc. 05/26/2023 1,156.05 Vehicle Maintenance 126083 13990 Eagle Energy, Inc. 05/26/2023 5,233.73 Diesel & Unleaded Fuel Deliveries 5/11/23 126084 11469 Eikhof Design Group Inc 05/26/2023 7,595.00 Wadsworth Storm Drain & Development Review Services ‐ Apr 2023 126085 12541 Engel & Gray Inc 05/26/2023 8,467.83 Composting Biosolids April 2023 126086 14325 Engeo Incorporated 05/26/2023 14,605.00 Ocean Blvd ESDC ‐ Feb, Mar, Apr 2023 126087 10191 Nadia Feeser 05/26/2023 135.00 M&IE: CMTA Annual Conference and Strategic Planning 4/25‐4/28/23 126088 14585 Fire Catt, LLC 05/26/2023 4,494.72 Fire Hose Testing 126089 13669 Frontal Security Services of California 05/26/2023 175.00 Security: PBVH Event 5/28/23 126090 12554 Gov Connection, Inc. 05/26/2023 56.00 Adobe Subscription 126091 12952 GSI Water Solutions Inc 05/26/2023 2,335.84 NCMA 2022 Annual Report ‐ Apr 2023 126092 11487 Hamner, Jewell And Associates 05/26/2023 563.25 Preliminary Acquisition Services 320 Main Street ‐ April 2023 126093 10376 Hinderliter, de Llamas & Associates 05/26/2023 12,986.80 Sales Tax Consulting & Audit Services ‐ Apr‐Jun 2023 126094 14246 Hunter Smith Architecture 05/26/2023 1,575.00 Chapman ADA Restroom CM ‐ April 2023 126095 12018 Erica Inderlied 05/26/2023 166.00 M&IE: Laserfiche Empower 2023 5/30‐6/1/23 126096 12018 Erica Inderlied 05/26/2023 102.40 Reimb: Recording Documents for Lot Merger APN 005‐036‐014 126097 11993 Information Technology 05/26/2023 1,292.14 Data Lines and External User Access ‐ Jan‐Mar 2023 126098 13385 IPS Group, Inc. 05/26/2023 2,280.11 IPS Transaction Fees ‐ Apr 2023 126099 13335 Rebecca Allison Johnson‐Savage 05/26/2023 860.00 Repainting Pier Compass 126100 14260 Vaughn Koligian 05/26/2023 11,500.00 Bond Release: 140 Addie Street Final 126101 UB*01001 BILLY LEU 05/26/2023 70.97 Refund Check 018905‐000, 238 PANORAMA 126102 12019 James Lewis 05/26/2023 200.00 M&IE: ICMA Conference 6/7‐6/9/23 126103 14577 LK Graphics 05/26/2023 76.13 Nameplate & Nametag 126104 14401 Barbara L. Maraist 05/26/2023 866.67 900 Bello Lease ‐ June 2023 126105 11230 MBS Land Surveys 05/26/2023 3,600.00 Surveying Services ‐ Palisades Sports Courts 126106 13645 MDN Engineering, LLP 05/26/2023 1,375.00 Bello Bridge Habitat Mitigation Monitoring ‐ Apr 2023 126107 14427 Rubio Medina 05/26/2023 11,853.50 Architectural Design PD Annex ‐ Apr 2023 126108 10097 Miners Hardware 05/26/2023 538.56 Maintenance Supplies 126109 14044 Mobile Wireless, LLC 05/26/2023 14,700.00 City & Police NetMotion Clients 126110 14587 Lauren Nettles 05/26/2023 250.00 Refund: Deposit DCP Event 4/23/23 126111 12199 Noble Saw, Inc 05/26/2023 152.07 Equipment Maintenance 126112 14343 ODP Business Solutions, LLC 05/26/2023 875.58 Office Supplies 126113 10846 Dean Overland 05/26/2023 1,860.00 Cash for Grass: 230 Coral Ct. 126114 14492 Patriot Plumbing and Drain Cleaning 05/26/2023 2,500.00 Bond Release: 230 Five Cities Drive & 820 Stratford 126115 11202 Pavement Engineering, Inc. 05/26/2023 31,055.08 Paving Project ESDC ‐ Mar & Apr 2023, Palisades & Chumash Park Lot Design ‐ Jan 2023 126116 14586 Jeffery Pienack 05/26/2023 1,400.00 Band ‐ Summer Concert Series 6/11/23 126117 10673 Pismo Beach Volleyball Club 05/26/2023 9,324.00 Pismo Beach Volleyball Club 5/2‐5/25/23 Grades 6‐8 #11051 126118 14484 Plumbers Depot Inc. 05/26/2023 2,297.58 Collections Maintenance 126119 14403 Betty J. Pratt 05/26/2023 866.67 900 Bello Lease ‐ June 2023 126120 12335 Procare Janitorial Supply Inc 05/26/2023 858.60 Janitorial Supplies 126121 10863 PVP Communications Inc 05/26/2023 1,366.64 Safety Equipment 126122 14120 Quincon, Inc. 05/26/2023 5,683.85 City Hall/Corp Yard Project ‐ Progress Payment 12 126123 13201 Rincon Consultants, Inc. 05/26/2023 10,314.69 Central Coast Blue EIR ‐ Apr 2023 126124 14565 Michael J. Roy 05/26/2023 250.00 Chapman Pool Repair Service 126125 14584 San Diego Centre for Organization Effectiveness 05/26/2023 200.00 Reg: 2023 Central Coast Centre Symposium 5/3/23 Lewis & Garcia 126126 10731 Santa Maria Motorcycles Llc 05/26/2023 339.25 Vehicle Maintenance 126127 14557 Securitas Technology Corporation 05/26/2023 811.58 Monthly Security & Fire Monitoring ‐ June 2023 & Maintenance & Monitoring Chapman June ‐ Aug 2023 126128 10533 SLO County Sheriff Department 05/26/2023 463.66 CAD to CAD Services FY 22‐23 126129 10532 SLO County Sheriff‐Coroner 05/26/2023 116.00 Lab 126130 11412 Jennifer Franco Smith 05/26/2023 300.00 Chapman Portable Restroom Service ‐ May 2023 126131 11539 Eva Snopek Keehn 05/26/2023 71.20 Instructor: Dog Basic Obedience 4/19 ‐ 5/31/23 #11226 126132 11722 SP Maintenance Services Inc 05/26/2023 4,413.75 Parking Lot & Street Sweeping Services ‐ May 2023 126133 11323 Streator Pipe & Supply 05/26/2023 41.67 Parks Maintenance 126134 12630 SWCA Environmental Consultants 05/26/2023 9,583.06 Ocean Blvd Monitoring ‐ Apr 2023 126135 13530 TCA Tools Inc 05/26/2023 2,815.46 Vehicle Maintenance 126136 12321 The Gas Company 05/26/2023 1,647.27 Gas Service 4/19 ‐ 5/18/23 126137 13442 Thorn Run Partners 05/26/2023 4,500.00 Federal Lobbying Services ‐ May 2023 126138 14589 Tomasini Construction Inc. 05/26/2023 1,000.00 Bond Release: 500 Cypress 126139 13905 Tripepi, Smith and Associates, Inc 05/26/2023 1,515.00 General Public Outreach & Education ‐ April 2023 Council Agenda 6-20-2023 9.B-4
Attachment 2
Packet Page 20
City of Pismo Beach
Final Disbursement List Check Date 05/26/2023
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
126140 10971 Giles Clayton Tuckfield 05/26/2023 3,062.50 Water and Wastewater Rate Study ‐ April 2023 126141 13392 Urban Planning Concepts 05/26/2023 17,595.00 In‐house Planning Service ‐ April 2023 126142 13365 V. Lopez Jr & Sons G.E.C., Inc 05/26/2023 83,574.14 Lift Station Maintenance & Five Cities Lift Station Retention Release 126143 14115 Vanir Construction Mgmt, Inc. 05/26/2023 6,662.00 Owner's Rep & CM ‐ Design‐Build Safety Facility ‐ April 2023 126144 12132 White Flag Pest Control Inc 05/26/2023 612.00 Pest Control: City Hall, Corp Yard, PBVH ‐ May 2023 126145 13377 Willdan Financial Services 05/26/2023 7,197.50 Comprehensive User Fee Study & Accounting/Analyst Support ‐ April 2023 126173 14414 California State Disbursement Unit 05/26/2023 584.76 Tax Withholding Order PD 05/26/23 126174 12022 Pismo Beach Police Officer's Association 05/26/2023 1,570.76 POA Dues PD 05/26/23 126175 11208 SEIU Local 620 AFL/CIO 05/26/2023 885.41 SEIU Dues PD 05/26/23 126176 12290 State Of California‐ EDD 05/26/2023 8,853.00 Unemployment Insurance ‐ 1st Qtr 2023 Total:3,421,824.05$
Council Agenda 6-20-2023 9.B-5
Attachment 2
Packet Page 21
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.C
SUBJECT/TITLE:
DEPARTMENT ACTIVITY REPORTS FOR MAY 2023
RECOMMENDATION:
Receive reports as information only.
BACKGROUND:
The attached monthly department activity reports are for Council’s information.
FISCAL IMPACT:
Not applicable.
ALTERNATIVES:
1.Request additional information from staff.
ATTACHMENTS:
1.Administrative Services Department (Feeser)
2.City Manager's Office (Garcia)
3.Community Development Department (Downing)
4.Fire Department (Lee)
5.Management Services Department (Garcia)
6.Police Department (Smith)
7.Public Works and Engineering (Fine)
8.Tourism and Events Department (Jackson)
Prepared by: Respective departments. Meeting Date: June 20, 2023 City Manager Approval:
9.C-1Council Agenda 6-20-2023
Packet Page 22
City of Pismo Beach - Administrative Services Department Monthly Report – May 2023
KEY REVENUES
Transient Occupancy Tax (TOT)
As of January 1, 2021, TOT revenues are 11% of gross lodging revenues. These revenues reflect approximately 47% of the City’s General Fund budgeted revenues. Preliminary data for April rentals indicate that April 2023 TOT revenues are $1,355,335.66, which is below the year ago April 2022 TOT revenues of $1,533,183.49 by $177,848, or -11.60%. Fiscal year-to-date TOT revenues through April 2023 are $12,526,549, which is less than the FY 2022 year-to-date TOT revenues through April 2022 of $ 13,851,801 by $1,325,252 or -2.27% This is a preliminary amount as not all properties have reported. The following chart illustrates TOT revenues received in FY 2022 and FY 2023 by month.
Sales Tax Revenues
Sales tax revenues represent 1% of taxable sales received by the City. Fiscal Year 2023 sales tax revenues collected through May 2023 amount to $2,884,244 which is below the year-ago total of $2,990,726 by $106,483 or -3.56% for the same reporting period. Sales tax revenues are typically received 3 months after the month for which it was collected. The following chart illustrates sales tax revenues received in FY 2022 and FY 2023 by the month in which the sales tax was collected.
Attachment 1
9.C-2Council Agenda 6-20-2023
Packet Page 23
ECONOMIC INDICATOR
Consumer Price Index (CPI): For the Los Angeles/Riverside/Orange County area, the percent change in the CPI for the twelve months ending in April 2023 was 3.82%
OPERATIONS
Finance
Budget
• FY 2024 & FY 2025 Proposed Budgets: The City Manager, Administrative Services Director, and Executive Team staff presented the FY 2024 & FY 2025 Proposed Budget to the City Council, including reviewing the overall budget, the General Fund budget, reserves, City Goals, and Other Initiatives. Council gave staff direction on the budget, which will come back to Council on June 6, 2023 as a high level budget resolution that appropriates the revenues and expenditures in total by Fund.
Projects
• Central Coast Blue:
o Administrative Services Directors from all three Central Coast Blue agencies met this week to go over the financial provisions associated with borrowing WIFIA loan funds and preparing for the upcoming credit agency presentation. The Directors were able to come to consensus on the major financial provisions to help limit each city’s liability in the event that one partner agency does not pay their full share of the debt service or operating & maintenance costs.
o WSC provided updated cost estimates for CCB. With that information, finance staff have been meeting with the City’s water and wastewater rate study consultant to see how the updated costs, additional operating and capital reserve, and debt service payments will impact the City’s rates.
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
$500,000
Sa
l
e
s
T
a
x
A
m
o
u
n
t
Sales Tax 1.0% of taxable sales
FY 2022
FY 2023
Attachment 1
9.C-3Council Agenda 6-20-2023
Packet Page 24
Staff/ Employee Development
•Management Training: The Finance Manager attended a webinar on Tone at the Top: Fraud and Leadership 2023.
•Staff Development: Administrative Services Department staff attended the Line Level Training Academy being hosted by TED this month.
•Staffing: Heather Johnson started work on Tuesday as the Administrative Services Department part-time, remote Accountant. Her main job duties will consist of preparing the monthly bank reconciliation, other General Ledger account reconciliations and review of various proof lists.
Other
•Utility Billing: The Administrative Services Department and Building Department met to discuss the various definitions of Single-Family Residences vs Multi-Family Residences as it relates to invoicing customers with the appropriate water and sewer rates.
Technology
Projects
•Sun Ridge CAD/RMS project:
o IT completed configuration and setup of 8 training workstations for new Sun Ridge RIMS software.
o IT will continue to provide support to both the City of Pismo Beach and the City of Grover Beach Police Departments as they facilitate training on the new Police Computer Aided Dispatching and Records Management System. o RIMS software has been deployed to all Police vehicles and IT provided assistance to Grover Beach IT with the testing of the software from Grover Beach Police vehicles. o IT assisted the City's Police Department and the City of Grover Beach's Police Department with the cutover and go-live of their new Computer Aided Dispatch and Records Management System.
•Public Forms: IT deployed new reporting and user feedback features for the Junior Lifeguard registration and payment forms. The new features provide quicker feedback to the public and make the processing of payments by staff more efficient. •GasBoy project: IT conducted the kick-off meeting for the replacement of Public Work’s GasBoy system project, which will assist the City in fueling, controlling, and managing our fleet.
Attachment 1
9.C-4Council Agenda 6-20-2023
Packet Page 25
Accounts Payable May April March
Invoices Entered / Checks Issued:771 / 331 732 / 305 843/373 New purchase orders issued:15 6 16
New contract purchase orders issued:5 3 11
Change Orders / Amended PO's issued:8 7 10
Total dollar amount of all PO's issued:388,707$ 434,327$ 1,064,101$ Total Invoices paid:5,867,701$ 3,503,401$ 5,816,417$ Total No. of Voids processed: 2 2 7
Total Dollar amount of Voids:171$ 439$ 3,310$
Business License Certificates
Renewed Licenses issued / New Licenses 16/72 14/31 26/47 Payroll
New employees entered / Terminations:4 / 1 5 / 2 2 / 1 Auto. Payroll Deposits / Checks Issued:259 / 13 253 / 9 240 / 8 Total gross salary:818,168$ 809,399$ 771,047$
Total net salary:538,922$ 530,577$ 521,515$
Employee file maint. / Retro-pay calcs:21 / 1 26 / 2 23 / 1 Utility Billing
Downtown: Routine Utility Bills:0 2816 0
Delinquent Utility Bills:193 0 198
Shell Beach: Routine Utility Bills:2,144 0 2,138
Delinquent Utility Bills: 0 135 0
Cash receipts:984,162$ 663,553$ 914,583$
Customer accts paid/ACH Direct/Online Bills:2728/312/742 2227/250/626 2755/316/736 48 Hour Notices / Water Lock-Outs:0/1 0/0 0/0
Meter Sets / Meter Change Outs / Demos:1/14/0 3/10/2 1/1/0 Change Orders / Closing Bills:55/43 35/28 52/38
Billing Adjustments / Deposits:21/44 17/23 23/51
Delinquent Closed Invoices / Write-Offs:78/0 0/0 0/0
Administrative Services Department
Statistical Activity Report - May 2023
Attachment 1
9.C-5Council Agenda 6-20-2023
Packet Page 26
CITY MANAGER’S OFFICE ACTIVITY REPORT MAY 2023
Met with Council Members to discuss various topics of interest Met with Department Heads to discuss various topics of interest Attended the Central Coast Symposium in San Luis Obispo Participated in Central Coast Blue meetings
Joined an interview panel to assist Morro Bay with their interviews Held a Chapman Estate Foundation License Agreement meeting Held a Chapman House meeting
Attended the SLO County Managers Monthly Meeting
Met with California Joint Powers Insurance Authority
Participated in a Price Street business meeting
Attachment 2
9.C-6Council Agenda 6-20-2023
Packet Page 27
May 2023 CDD Monthly Report 1
PISMO BEACH COMMUNITY DEVELOPMENT DEPARTMENT
MONTHLY REPORT FOR MAY 2023
BUILDING DIVISION٠CODE COMPLIANCE٠PLANNING DIVISION
BUILDING DIVISION
ISSUED PERMITS SUMMARY
Date Permit
Number
Address Description Valuation Total Fees
05/01/2023 B23-000100 333 Five Cities
Drive
Sign -
Illuminated
$3,000.00 $464.11
05/01/2023 B23-000165 34 Bluff Drive Solar PV -
Residential
$24,766.50 $445.98
05/01/2023 B23-000159 265 Encanto
Drive
Residential
Alteration
$18,866.77 $1,269.75
05/01/2023 B22-000532 860 Wadsworth
Avenue
Residential
Addition
$95,000.00 $13,823.26
05/02/2023 B23-000075 815 Tulare
Street
Solar PV -
Residential
$6,928.00 $888.05
05/02/2023 B23-000089 333 Five Cities
Drive
Sign -
Illuminated
$6,000.00 $669.57
05/02/2023 B23-000180 138 La Floricita Solar PV -
Residential
$8,033.00 $445.98
05/02/2023 B23-000203 153 Windward
Avenue
Plumbing,
Mechanical &
Electrical
$- $127.64
05/02/2023 B22-000285 154 La Puesta
Del Sol
Residential
Alteration
$136,000.00 $8,462.73
05/03/2023 B23-000214 1221 Price
Street
Plumbing,
Mechanical &
Electrical
$- $196.74
05/03/2023 R23-000027 288 Miramar
Avenue
Revision $- $97.47
05/04/2023 B22-000138 119 Narlene
Way
Residential
Alteration
$10,000.00 $719.53
Attachment 3
9.C-7Council Agenda 6-20-2023
Packet Page 28
May 2023 CDD Monthly Report 2
Date Permit
Number
Address Description Valuation Total Fees
05/04/2023 B23-000216 362 Castaic
Avenue
Re-roof
Residential
$20,000.00 $87.42
05/05/2023 B23-000088 226 Encanto
Drive
Solar PV -
Residential
$20,000.00 $459.98
05/05/2023 B23-000154 342 Seaview
Avenue
Plumbing,
Mechanical &
Electrical
$- $475.89
05/05/2023 B23-000156 322 Indio Drive Solar PV -
Residential
$30,000.00 $446.98
05/05/2023 B23-000171 158 Seacliff
Drive
Solar PV -
Residential
$13,338.00 $595.14
05/05/2023 B23-000194 267 Pier Avenue Solar PV -
Residential
$6,004.00 $445.98
05/05/2023 B23-000182 230 Coral Court Residential
Alteration
$20,836.43 $1,380.22
05/05/2023 B23-000181 601 Cypress
Street
Commercial
Alteration
$40,000.00 $2,519.81
05/05/2023 B23-000218 259 Cuyama
Avenue
Re-roof
Residential
$50,000.00 $305.32
05/05/2023 B23-000187 285 San Luis
Avenue
Re-roof
Residential
$30,000.00 $302.72
05/09/2023 B23-000153 1261 Costa
Brava
Solar PV -
Residential
$14,289.00 $445.98
05/09/2023 B23-000229 531 Harloe
Avenue
Plumbing,
Mechanical &
Electrical
$- $141.64
05/09/2023 B22-000588 1261 Costa
Brava
Single Family
Residence
$517,125.00 $71,401.15
05/09/2023 B22-000581 265 Encanto
Drive
Residential
Alteration
$75,000.00 $5,853.62
Attachment 3
9.C-8Council Agenda 6-20-2023
Packet Page 29
May 2023 CDD Monthly Report 3
Date Permit
Number
Address Description Valuation Total Fees
05/09/2023 B21-000035 831 Hanford
Street
Residential
Grading
$16,700.00 $577.34
05/09/2023 B21-000036 841 Hanford
Street
Residential
Grading
$16,700.00 $577.34
05/09/2023 B21-000037 851 Hanford
Street
Residential
Grading
$16,700.00 $577.34
05/09/2023 B21-000038 851 Hanford
Street
Residential
Grading
$16,700.00 $577.34
05/09/2023 B21-000039 1160 Shaffer
Lane
Residential
Grading
$16,700.00 $577.34
05/09/2023 B21-000040 1170 Shaffer
Lane
Residential
Grading
$16,700.00 $577.34
05/10/2023 B23-000062 859 Oak Park
Boulevard
Sign -
Illuminated
$2,200.00 $423.33
05/10/2023 B23-000101 2121 Price
Street
Commercial
Alteration
$2,200.00 $464.86
05/10/2023 B23-000232 162 La Puesta Re-roof
Residential
$18,500.00 $527.23
05/11/2023 B22-000547 601 Cypress
Street
Plumbing,
Mechanical &
Electrical
$- $418.44
05/11/2023 B23-000211 311 Palomar
Avenue
Plumbing,
Mechanical &
Electrical
$- $141.64
05/11/2023 B23-000238 251 Vista Del
Mar
Re-roof
Residential
$13,525.00 $86.58
05/15/2023 B23-000064 330 Leeward
Avenue
Plumbing,
Mechanical &
Electrical
$- $452.09
05/15/2023 B23-000127 680 Ocean View Solar PV -
Residential
$11,374.00 $642.58
Attachment 3
9.C-9Council Agenda 6-20-2023
Packet Page 30
May 2023 CDD Monthly Report 4
Date Permit
Number
Address Description Valuation Total Fees
05/15/2023 B23-000193 267 Pier Avenue Plumbing,
Mechanical &
Electrical
$- $209.04
05/15/2023 B23-000197 265 Encanto
Drive
Solar PV -
Residential
$6,928.00 $642.58
05/15/2023 B23-000204 831 Fresno
Street
Plumbing,
Mechanical &
Electrical
$- $266.63
05/15/2023 B23-000246 747 White Oak
Boulevard
Re-roof
Residential
$10,800.00 $86.22
05/15/2023 B23-000247 741 White Oak
Boulevard
Re-roof
Residential
$9,800.00 $86.09
05/15/2023 B23-000199 265 Encanto
Drive
Re-roof
Residential
$2,953.13 $85.32
05/16/2023 B23-000174 333 Five Cities
Drive #119
Sign -
Illuminated
$2,300.00 $416.19
05/16/2023 B23-000202 1274 Costa
Brava
Solar PV -
Residential
$12,000.00 $445.98
05/16/2023 B23-000110 350 Harbor
View
Residential
Alteration
$9,178.00 $726.34
05/16/2023 B23-000149 216 Palisade
Avenue
Residential
Alteration
$1,461.81 $155.71
05/16/2023 B23-000057 411 Five Cities
Drive
Commercial
Alteration
$60,000.00 $4,108.24
05/16/2023 B23-000244 100 Irish Way Re-roof
Residential
$10,000.00 $100.12
05/16/2023 B23-000251 970 Taft Street Re-roof
Residential
$12,000.00 $310.96
05/19/2023 B23-000191 333 Five Cities
Drive #A040
Sign - Non-
Illuminated
$1,800.00 $171.41
Attachment 3
9.C-10Council Agenda 6-20-2023
Packet Page 31
May 2023 CDD Monthly Report 5
Date Permit
Number
Address Description Valuation Total Fees
05/19/2023 B23-000224 74 Villa Court Residential
Alteration
$4,242.70 $449.87
05/19/2023 B23-000175 100 Pismo
Avenue 138
Residential
Alteration
$5,000.00 $491.93
05/19/2023 B23-000219 326 Capistrano
Avenue
Re-roof
Residential
$20,000.00 $300.42
05/22/2023 B23-000262 981 Bakersfield
Street
Re-roof
Residential
$7,000.00 $99.73
05/22/2023 B23-000264 247 Irish Way Re-roof
Residential
$13,865.00 $86.62
05/23/2023 B22-000364 306 Pier Avenue Fire
Sprinklers -
Residential
$3,900.00 $430.24
05/23/2023 B22-000403 306 Pier Avenue Solar PV -
Residential
$4,500.00 $445.98
05/23/2023 B23-000196 220 Encanto
Drive
Solar PV -
Residential
$20,263.50 $445.98
05/23/2023 B23-000215 106 Joyce Lane Solar PV -
Residential
$11,343.73 $531.13
05/23/2023 B23-000220 101 Park Place Solar PV -
Residential
$17,000.00 $445.98
05/23/2023 B23-000223 340 Valley View
Drive
Solar PV -
Residential
$16,000.00 $531.13
05/23/2023 R23-000031 82 Bluff Drive Revision $- $97.47 05/23/2023 B22-000361 306 Pier Avenue Single Family
Residence
$589,402.12 $27,680.98
05/24/2023 B23-000172 350 Valley view
Drive
Solar PV -
Residential
$21,000.00 $445.98
Attachment 3
9.C-11Council Agenda 6-20-2023
Packet Page 32
May 2023 CDD Monthly Report 6
Date Permit
Number
Address Description Valuation Total Fees
05/24/2023 B23-000234 851 Merced
Street
Solar PV -
Residential
$41,055.00 $460.98
05/24/2023 B23-000248 162 Peyton
Court
Solar PV -
Residential
$10,500.00 $445.98
05/24/2023 B23-000249 1457 Costa
Brava
Solar PV -
Residential
$24,000.00 $459.98
05/24/2023 R23-000030 360 Wilmar
Avenue
Revision $- $97.47
05/24/2023 R23-000034 121 Silver
Shoals
Revision $- $97.47
05/24/2023 B23-000090 103 Narlene
Way
Residential
Alteration
$20,000.00 $1,687.57
05/26/2023 B23-000273 343 Morro
Avenue
Plumbing,
Mechanical &
Electrical
$- $141.64
05/26/2023 R23-000036 950 Tulare
Street
Revision $- $97.47
05/26/2023 B21-000426 136 Addie
Street
Commercial
Alteration
$10,934.00 $770.26
05/30/2023 B23-000276 122 Narlene
Way
Re-roof
Residential
$12,000.00 $185.38
05/31/2023 B23-000275 245 Christine
Way
Re-roof
Residential
$7,375.00 $298.78
Total 79 $2,291,787.69 $164,130.70
Attachment 3
9.C-12Council Agenda 6-20-2023
Packet Page 33
May 2023 CDD Monthly Report 7
NEW APPLICATIONS SUMMARY
Date Permit
Number
Address Description Valuation
05/01/2023 B23-000194 267 Pier Avenue Solar PV - Residential $6,004.00 05/02/2023 R23-000028 478 Hinds Avenue Revision $-
05/02/2023 B23-000215 106 Joyce Way Solar PV - Residential $11,343.73 05/02/2023 B23-000203 153 Windward Avenue Plumbing, Mechanical & Electrical
$-
05/02/2023 B23-000213 178 Windward Avenue Plumbing, Mechanical & Electrical
$-
05/03/2023 B23-000214 1221 Price Street Plumbing, Mechanical & Electrical
$-
05/04/2023 B23-000196 220 Encanto Drive Solar PV - Residential $20,263.50 05/04/2023 B23-000216 362 Castaic Avenue Re-roof Residential $20,000.00 05/05/2023 B23-000187 285 San Luis Avenue Re-roof Residential $30,000.00 05/05/2023 B23-000218 259 Cuyama Avenue Re-roof Residential $50,000.00 05/05/2023 B23-000219 326 Capistrano Avenue Re-roof Residential $20,000.00 05/08/2023 R23-000031 82 Bluff Drive Revision $-
05/08/2023 R23-000030 360 Wilmar Avenue Revision $-
05/08/2023 B23-000220 101 Park Place Solar PV - Residential $17,000.00 05/08/2023 B23-000223 340 Valley View Drive Solar PV - Residential $16,000.00 05/08/2023 B23-000224 74 Villa Court Residential Alteration $4,242.70 05/09/2023 R23-000029 591 Five Cities Drive Revision $- 05/09/2023 R23-000033 1222 Price Street Revision $-
05/09/2023 B23-000230 171 Naomi Avenue Fire Sprinklers - Residential
$7,500.00
05/09/2023 B23-000229 531 Harloe Avenue Plumbing, Mechanical & Electrical
$-
05/09/2023 B23-000228 1273 Costa Brava Plumbing, Mechanical & Electrical
$-
Attachment 3
9.C-13Council Agenda 6-20-2023
Packet Page 34
May 2023 CDD Monthly Report 8
Date Permit
Number
Address Description Valuation
05/09/2023 B23-000226 117 Irish Way Residential Alteration $4,000.00 05/09/2023 B23-000225 711 Dolliver Street Commercial Alteration $20,000.00 05/10/2023 R23-000034 121 Silver Shoals Revision $-
05/10/2023 B23-000234 851 Merced Street Solar PV - Residential $41,055.00 05/10/2023 B23-000235 491 Price Street Solar PV - Commercial $45,000.00 05/10/2023 B23-000237 309 Placentia Avenue Plumbing, Mechanical & Electrical
$-
05/10/2023 B23-000232 162 La Puesta Re-roof Residential $18,500.00 05/11/2023 B23-000211 311 Palomar Avenue Plumbing, Mechanical & Electrical
$-
05/11/2023 B23-000238 251 Vista Del Mar Re-roof Residential $13,525.00 05/12/2023 B23-000236 128 Peyton Court Single Family Residence $497,175.00 05/12/2023 B23-000240 126 Valley View Drive Residential Alteration $1,500.00 05/15/2023 B23-000243 2101 Costa Brava Solar PV - Residential $16,000.00 05/15/2023 B23-000248 162 Peyton Court Solar PV - Residential $10,500.00 05/15/2023 B23-000249 1457 Costa Brava Solar PV - Residential $24,000.00 05/15/2023 B23-000172 350 Valley View Drive Solar PV - Residential $21,000.00 05/15/2023 B23-000242 137 Silver Shoals Residential Alteration $50,000.00 05/15/2023 B23-000227 751 Fresno Street Residential Alteration $110,000.00 05/15/2023 B23-000246 747 White Oak
Boulevard
Re-roof Residential $10,800.00
05/15/2023 B23-000247 741 White Oak
Boulevard
Re-roof Residential $9,800.00
05/16/2023 B23-000253 219 Indio Drive Solar PV - Residential $31,455.00 05/16/2023 B23-000241 901 Oak Park Boulevard Plumbing, Mechanical & Electrical
$-
05/16/2023 B23-000210 114 Bluff Drive Residential Addition $1,500,000.00 Attachment 3
9.C-14Council Agenda 6-20-2023
Packet Page 35
May 2023 CDD Monthly Report 9
Date Permit
Number
Address Description Valuation
05/16/2023 B23-000254 399 Franklin Drive Residential Alteration $8,083.72 05/16/2023 B23-000244 100 Irish Way Re-roof Residential $10,000.00 05/16/2023 B23-000251 970 Taft Street Re-roof Residential $12,000.00 05/17/2023 B23-000252 171 Naomi Avenue Private Swimming Pool $- 05/17/2023 R23-000035 860 Wadsworth
Avenue
Revision $-
05/17/2023 B23-000258 128 Seacliff Avenue Solar PV - Residential $12,000.00 05/17/2023 B23-000256 680 Ocean View Re-roof Residential $7,008.00 05/18/2023 B23-000259 191 Surf Street Plumbing, Mechanical & Electrical
$-
05/19/2023 R23-000036 950 Tulare Street Revision $-
05/19/2023 B23-000261 388 Windward Avenue Solar PV - Residential $7,425.00 05/19/2023 B23-000257 109 Placentia Avenue Residential Alteration $25,000.00 05/22/2023 B23-000245 115 Placentia Avenue Residential Alteration $149,139.74 05/22/2023 B23-000262 981 Bakersfield Street Re-roof Residential $7,000.00 05/22/2023 B23-000264 247 Irish Way Re-roof Residential $13,865.00 05/24/2023 B23-000267 333 Five Cities Drive Commercial Alteration $715,000.00 05/25/2023 B23-000222 1677 Shell Beach #101 Sign - Illuminated $4,000.00 05/25/2023 R23-000037 314 Indio Drive Revision $-
05/25/2023 B23-000260 140 Addie Street Solar PV - Residential $13,000.00 05/26/2023 B23-000268 333 Five Cities Drive Fire Sprinklers - Commercial
$15,000.00
05/26/2023 B23-000278 171 Naomi Avenue Solar PV - Residential $- 05/26/2023 B23-000273 343 Morro Avenue Plumbing, Mechanical & Electrical
$-
05/30/2023 R23-000038 241 Encanto Drive Revision $-
Attachment 3
9.C-15Council Agenda 6-20-2023
Packet Page 36
May 2023 CDD Monthly Report 10
Date Permit
Number
Address Description Valuation
05/30/2023 B23-000276 122 Narlene Way Re-roof Residential $12,000.00 05/30/2023 B23-000275 245 Christine Way Re-roof Residential $7,375.00 05/31/2023 B23-000280 144 Wave Avenue Solar PV - Residential $- 05/31/2023 B23-000279 243 Vista Del Mar Plumbing, Mechanical & Electrical
$-
05/31/2023 B23-000233 650 Lemoore Street Solar PV - Residential $63,830.00 Total 70 $3,707,882.90
SPECIAL PROGRAMS AND PROJECTS:
• Development Review Team Meeting was held weekly, and the pending review report was reviewed to ensure timely return on plan reviews among all divisions in the development process.
• Handouts and website information is being updated to reflect staff changes and code updates.
• Staff attended the Central Coast Chapter, International Code Council meeting. • Staff attended a joint Central Coast ICC and AIA mixer.
INSPECTIONS PERFORMED: 245
PLAN REVIEWS:
• Building: 96
• Planning: 3
CODE COMPLIANCE
CASE SUMMARY:
• Cases Closed: 59
• Cases Opened: 16
• Site Visits: 74
• Notice of Violation / Citation: NOV:15/Citation:0
PLANNING DIVISION
CITY COUNCIL AND ADVISORY BOARDs:
• City Council: Staff prepared for and attended the regular meetings on May 2, May 16, and June 6, 2023. Also, staff prepared for and attended the special budget meeting on May 11, 2023. • Planning Commission: Staff prepared for and attended the regular meeting on May 23, 2023.
Attachment 3
9.C-16Council Agenda 6-20-2023
Packet Page 37
May 2023 CDD Monthly Report 11
• Parking Advisory Committee: The Parking Advisory Committee provided direction on the Parking Management Plan at the May 24, 2023, special meeting and staff worked on addressing such direction.
NEW APPLICATIONS SUMMARY:
Date Received Project Number Address Description
05/01/2023 P23-000039 171 Naomi Avenue Minor Modification 05/02/2023 P23-000037 375 Palomar Avenue
Remodel Interior and Upper
Floor addition and Upper
Floor Deck
05/05/2023 P23-000038 102 La Colima
Addition of deck to existing
single-family dwelling
05/08/2023 P23-000040 640 Dolliver Suite A Sign Permit
05/10/2023 P23-000041 791 Price New wall signs
05/12/2023 P23-000042 1222 Price Street
Request for 2 signs: 1
freestanding sign and 1 wall
sign (on trellis).
05/15/2023 P23-000043 444 South Dolliver Street Zoning Verification Letter 05/24/2023 P23-000048 374 Esparto Avenue
Addition to second floor of an
existing SFD
05/25/2023 P23-000044 500 Cypress Street Special Parking Permit 05/25/2023 P23-000045 500 Cypress Street
Special Parking Permit July
4th
05/25/2023 P23-000046 143 Vista Del Mar P22-000001 - Modification #1 05/25/2023 P23-000049 1401 Dolliver Street Special Parking Permit 05/26/2023 P23-000047 411 Five Cities
New Wall sign and Pole sign
reface - Mountain Mikes
05/26/2023 P23-000050 491 Price Special Parking Permit
05/26/2023 P23-000051 558 Price Special Parking Permit
05/26/2023 P23-000052 1601 Price Special Parking Permit 05/30/2023 P23-000029 132 Vista del Mar Avenue
Remodel and Addition to
existing Single Family
PROJECT REVIEWS:
• Administrative Reviews: 36
• Discretionary Reviews: 33
• Plan Checks: 66
• Site Inspections: 17
Attachment 3
9.C-17Council Agenda 6-20-2023
Packet Page 38
May 2023 CDD Monthly Report 12
SPECIAL PROJECTS UPDATE/OTHER:
•General Plan/Local Coastal Program: Staff worked to address comments received during the Study Session held on April 27, 2023. Staff continued to work with consultants regarding finalizing the public hearing documents and environmental impact report. Staff worked on the public hearing schedule for the General Plan to be heard by the Planning Commission and City Council. •Central Coast Blue: Staff met with consultants and other staff regarding efforts associated with the EIR Addendum, upcoming meetings, and land use applications. Staff prepared for and attended the Special City Council meeting on June 5, 2023. •Records Management: Staff held meetings to discuss the ongoing records digitization and retention project and improvements to the records management of projects/permits. •Short-Term Rentals: Staff received direction from City Council at the regular meeting on May 2, 2023, and prepared a moratorium extension report while additional research is conducted based on that direction.
•State Legislation: Staff continued to analyze the potential impacts of new State legislation and develop an implementation strategy.
•Laserfiche Empower: Staff attended the Laserfiche Empower conference to learn how the department can better utilize Laserfiche for process and record streamlining. •Memorial Day: Staff enjoyed attending the Memorial Day event on the pier. •Coastal Cities Group: Staff attended the monthly Coastal Cities Group Leadership Committee meeting and the monthly Sea-Level Rise Working Group meeting. •Public Safety Facility: Staff met to discuss relocation options during construction of the Public Safety Facility.
•PismoFAST: Staff received a demonstration of technology that may increase the efficiency of the plan review process from a vendor. Staff continues looking into potential options to improve plan review capabilities and efficiency to support PismoFAST. •Council Chamber Improvement: Staff received training on the new microphone system in the Council Chamber.
•Phillips 66 Santa Maria Refinery Demolition and Remediation (County of San Luis Obispo Project): Staff attended the environmental scoping meeting for the project and provided comments.
•Railroad Noise: Staff attended a meeting with Union Pacific representatives regarding options available to address railroad noise during nighttime hours. •‘Cuz We’re Pismo: Staff enjoyed participating in the event. •Regional Housing Action Team: Staff attended the monthly Regional Housing Action Team meeting, which includes SLOCOG, the County, and the cities. •Central Coast Symposium: Staff attended the 2023 Symposium sponsored by the Centre for Organization Effectiveness.
•Parking Management: Staff worked with the consultant to develop parking management recommendations, which were considered by the Parking Advisory Committee on May 24, 2023.
Staff is working on requested edits from that meeting.
Attachment 3
9.C-18Council Agenda 6-20-2023
Packet Page 39
John Owens, Unit Chief
Prepared by: Michelle Pearson, Administrative Assistant Submitted by: Paul Lee, Battalion Chief
Fire Prevention
• 51-Plan reviews (Building/Planning)
• 9-Site visits
• 7-Fire Final
• 2-Hood Inspection
• 2-Rough/hydro
• 3-Knox Inspection
• 2-Business Inspection follow up
• 5-Emergency response
• 4-Special Event inspection
• 1-Elevator Issue
• 1-Public Service Call
• Weed Abatement Inspections
• Fire Investigation Training
• Car Show and 4th of July planning
• Cave Landing Fuel Break VMP
• Planning/Building meeting
Administration/Vegetation Management
• CAL FIRE is working with Ranchers behind City Hall to look at a burn window for the 1000 Hills Burn. This burn will help better protect Pismo and Edna from a fast-moving Wildland Fire. CAL FIRE is projecting a burn day of June 15th. CAL FIRE’s PIO’s will make notifications 3 days and the day prior to the burn.
Weather will need to line up to push the smoke towards Lopez Lake. • The See Canyon fuel break is wrapping up. The brush cutting has exhausted the grant funding and now signs will go up for Temporary Refuge Areas. This fuel break will allow for safer response and evacuations of the area. The break will also provide an opportunity to be used as a control line to help keep a fire out of Shell Beach and Avila.
• The new Self-Contained Breathing Apparatus have been put into service. This model is NFPA compliant and is compatible with other surrounding agencies May 2023 Activity Report
Attachment 4
9.C-19Council Agenda 6-20-2023
Packet Page 40
especially if an emergency occurs in a structure where breathing air needs to be shared.
• Fire Department worked with County Parks to mow Cave Landing and Ontario Ridge. This work will help keep fires contained to the Cove area and reduce fire risk around the Critical Communication’s Site on the hilltop and the homes on Bluffs Dr & El Portal.
Lifeguards/Junior Lifeguard Program
• Pismo Beach returning lifeguard training has started. This is a great opportunity to review last season’s highs and lows and set the tone for the new incoming lifeguards. The Lead Lifeguard academy has concluded, we were happy to provide a great opportunity for new lead lifeguards to learn from some of our seasoned staff.
Attachment 4
9.C-20Council Agenda 6-20-2023
Packet Page 41
May 2023 Stats
Number of Calls % Type of Incident
0 0.00% Debris
88 86.27%Emergency Medical
0 0.00%Fire Alarms
0 0.00%Fire Menace Standby
1 0.98% Flooding
1 0.98%Gas Leak
3 2.94% Other
6 5.88%Public Service Assistance
0 0.00%Smoke Check
0 0.00%Structure Fire
2 1.96%Traffic Collision
0 0.00%Vehicle Fire
1 0.98%Wildfire
102 100.00%
Incidents by City Response Area
Medicals Other % Descriptive Area
4 1 4.90% Palisades A
3 1 3.92% Spyglass B
3 2 4.90%Shell Beach Village C
1 0 0.98%Mattie Rd D
6 1 6.86% Shorecliff E
19 0 18.63% Downtown F
4 1 4.90% Heights G
14 2 15.69% Ventana H
14 1 14.71%Trailer Parks I
13 2 14.71%Five Cities Dr J
7 3 9.80%James Way K
Total 102 100.00%
Attachment 4
9.C-21Council Agenda 6-20-2023
Packet Page 42
MANAGEMENT SERVICES DEPARTMENT
MONTHLY ACTIVITY REPORT
MAY 2023
MANAGEMENT SERVICES DEPARTMENT
RECORDS MANAGEMENT
•Ongoing review of numerous records requests.
•Ongoing coordination with the City’s claims handlers and counsel to provide relevant records. •Ongoing preparation of Administrative Record in one matter •Ongoing discovery in one litigation matter
CPRA REQUESTS COMPLETED
•Rand, Body Cam Footage
•Day, Wolosz Lease Agreement
•Visci, 245 El Dorado Way Drainage
•Einung – 222 Beachcomber Drive Building Plans
•Einung - 222 Beachcomber Plans and Permits
•Tacker, City Manager Resignation Letter
•Response Installment 1 - Tacker – Chapman Foundation
•Tolley, 235 Terrace Avenue Permits and Plans
HUMAN RESOURCES
•Recruitment:
o Police Officer Lateral
o Accountant / Senior Accountant
o Engineer / Senior Engineer
o Community Service Technician PT
o Recreation Coordinator PT
o Maintenance Worker PT
o Visitor Information Host PT
o Wastewater Operator
o Fleet Mechanic
•Interviews:
o PT Recreation Coordinator 6/1/23
•Backgrounds:
o Police Recruit
o PT Maintenance Worker
o PT Special Projects Manager
•Offer:
o Ocean Lifeguards
Attachment 5
9.C-22Council Agenda 6-20-2023
Packet Page 43
RISK MANAGEMENT
LIABILITY CLAIMS RECEIVED
• Mang, Pismo Pier slide
PUBLIC OUTREACH / PUBLIC INFORMATION
• New Postings:
o Bike to School Week post
o Caltrans Hwy 1 post on signing up for update.
To be added to their update, please email [email protected]
TRAINING AND STAFF DEVELOPMENT
• The City held its Annual ‘Cuz We’re Pismo teambuilding event. This year’s theme was Navigating our Path as the City has many exciting new opportunities to navigate in the coming months and year. Employees enjoyed an afternoon of games, fun and laughter.
• The Tourism and Events Department presented at the Line-Level Training Academy on the function and role of their department, how the City is marketed, major events, PRBC, and more.
The Line Level Academy will be hosted monthly by a different Department/Division and help provide a foundation for staff on each Departments role in the larger organization.
OTHER
• Preliminary planning for installation of new Council Chamber microphone system • Assistant City Manager attended the PRBC meeting on May 4th to provide insights on the City’s Style Guide and municipal brand as they reviewed options for new Parks signs. • Installation of new microphones in the Council Chamber completed.
Attachment 5
9.C-23Council Agenda 6-20-2023
Packet Page 44
Pismo Beach Police Department
1000 Bello Street, Pismo Beach, CA 93449
(805) 773-2208
www.pismobeach.org/police
Monthly Activity & Crime Statistics Report
May 2023
Date Posted_________
Submitted: 06/08/2023
Attachment 6
9.C-24Council Agenda 6-20-2023
Packet Page 45
PISMO BEACH POLICE DEPARTMENT
MAY 2023
MONTHLY ACTIVITY AND CRIME STATISTICS
Table of Contents
Activity Report
Office of the Chief…………………………………………………………………….… 1
Training Report…………………………………………………………………………. 1
Volunteers Summary…………………………………….…………………………….. 1
Overtime & Salary………………………………………………………………………. 2
Investigations Statistics
Routine Investigations………………………………………………………………….. 3
Investigation Management…………………………………………………………….. 3
Property & Evidence……………………………………………………………………. 3
Compliance & Permits………………………………………………………………….. 3
Special Operations……………………………………………………………………… 4
Crime Statistics
Workload Trends & Crime Statistics………………………………………………….. 5 Arrests, Citations, & Traffic Activity…………………………………………………… 6 Heatmap & Activity Analysis…………………………………………………………… 7
Attachment 6
9.C-25Council Agenda 6-20-2023
Packet Page 46
PISMO BEACH POLICE DEPARTMENT
MAY 2023
MONTHLY ACTIVITY AND CRIME STATISTICS
1. On May 2, 2023, the Pismo Beach Rotary recognized Detective Sergeant Anthony Hernandez for his diligent and thorough investigation in a recent homicide case.
2. On May 3, 2023, Chief Smith represented the City of Pismo Beach at the South County Chamber of Commerce “Rise & Shine, South County” meeting. Chief Smith gave the members an update on the police department and current projects they are working on.
3. On May 5, 2023, Chief Smith and Commander Trimble attended the San Luis Obispo Special Olympics Opening Ceremony, held at Cuesta College.
4. On May 17, 2023, The Criminal Justice Administrators’ Association hosted the San Luis Obispo County Peace Officers’ Memorial in Paso Robles. This event was attended by Chief Smith and his Assistant, Harmony Brown.
5. On May 23, 2023, Chief Smith joined with city and business leaders to discuss the current parking layout on Price Street.
6. On May 24, 2023, Chief Smith participated in a Zoom meeting with police chiefs throughout California related to current legislative updates impacting California Laws.
MONTHLY TRAINING REPORT
TRAINING REPORT
POLICE VOLUNTEERS SUMMARY
Volunteers were active throughout May. They conducted court runs, parking enforcement, vacation checks and property/laboratory deliveries as well as the Shell Beach Elementary “Bike to School” event.
Volunteer Service Hours
Patrol 0.00
Special Events 1.50
Administrative 37.50
Call-Outs 0.00
Training/Misc. 1.00
Total Hours 39.00
Type of Training Attending Personnel Hours
SWAT Monthly Training 1 Officer 18
Lexipol Daily Training Bulletins 20 Sworn, 9 Non-Sworn 43.5 Briefing Training 18 Officers 36
RIMS Training 20 Officers, 10 Non-Sworn 480
Leadership Development 3 Officers 24
Armorer Training 2 Officers 8016
Range 16 Officers 1.564
Vehicle Pursuit Refresher (Web) 18 Officers 16.536
Property & Evidence Curriculum Update 1 Non-Sworn 24
Government Social Media 2 Non-Sworn 48
Total Hours 789.5 Hours
OFFICE OF THE CHIEF
Attachment 6
9.C-26Council Agenda 6-20-2023
Packet Page 47
PISMO BEACH POLICE DEPARTMENT
MAY 2023
MONTHLY ACTIVITY AND CRIME STATISTICS
OVERTIME & SALARY
Total Overtime Budgeted FY 2023 $316,877.00
Total Overtime Spent YTD $233,642.54
Percentage Overtime Spent YTD 73.73%
Total Salary Budgeted FY 2023 $3,917.960.18
Total Salary Spent YTD $3,081,755.26
Percentage Salary Spent YTD 78.66%
Attachment 6
9.C-27Council Agenda 6-20-2023
Packet Page 48
PISMO BEACH POLICE DEPARTMENT
MAY 2023
MONTHLY ACTIVITY AND CRIME STATISTICS
INVESTIGATIONS STATISTICS
Routine Investigations
Arrests 0
Total Cases Worked 8
- Property Crimes 4
- Person Crimes 1
- Sex Crimes 1
- Other Criminal 0
- Other Non-Criminal 2
Supplemental Reports Completed 4
- Closed Cases – Misdemeanor 0
- Closed Cases – Felony 2
- Cases Filed with DA – Misdemeanor 0
- Cases Filed with DA – Felony 1
- Informational only 1
Investigation Management
Cases Assigned – Current 28
Cases Reviewed 56
Missing Person Cases Reviewed 3
Property and Evidence
New Property Cases 0
Property Purged 14
Physical Property Booked 314
Digital Property Booked 259
Property Auction 0
Evidence Processed 1
Fingerprint Submitted 1
Compliance and Permits
Annual PC 290 Registration Renewals 1
CCW Background Investigations 1
H&S 11590 Registration 0
PC 451.7 Arson Registration 0
Massage Establishment/Practitioner Permits 3
Attachment 6
9.C-28Council Agenda 6-20-2023
Packet Page 49
PISMO BEACH POLICE DEPARTMENT
MAY 2023
MONTHLY ACTIVITY AND CRIME STATISTICS
Special Operations
Massage Sting Operation 0
- Arrests 0
290 PC Compliance 1
Alcohol Sting Operation 0
- Arrests 0
Tobacco Sting Operations 0
Prostitution Sting Operations 0
Warrants Authored 4
Warrants Served 4
Attachment 6
9.C-29Council Agenda 6-20-2023
Packet Page 50
WORKLOAD May 2023 May 2022 Apr 2023 Variant % Change YTD 2023 YTD 2022 Variant % Change Calls For Service 2,000 2,247 2,089 -89 -4.3%9,494 11,342 -1,848 -16.3% Community-Generated Calls 1260 1307 1227 33 3%5,478 6,566 -1,088 -17% Self-Initiated Activities 740 940 862 -122 -14%4,016 4,776 -760 -16% Incident Reports 173 213 170 3 2%787 1,066 -279 -26%
9-1-1 Calls 858 932 782 76 10%3,552 3,790 -238 -6%
Arrests 108 130 108 0 0%453 608 -155 -25%
Citations & Warnings 234 234 315 -81 -26%1,225 1,471 -246 -17% Parking Citations 1,083 1,099 1,252 -169 -13%5,185 6,114 -929 -15% Total Workload 4,456 4,855 4,716 -260 -6%20,696 24,391 -3,695 -15% PART 1 CRIMES
Arson 0 0 0 0 0%2 0 2 200%
Assault (Aggravated)0 1 1 -1 -100%7 12 -5 -42%
Auto Theft 1 2 1 0 0%6 6 0 0%
Burglary 1 9 1 0 0%24 35 -11 -31%
Homicide 0 0 0 0 0%1 0 1 100%
Larceny 19 16 10 9 90%69 83 -14 -17%
Rape 1 0 0 1 100%2 2 0 0%
Robbery 0 1 0 0 0%1 4 -3 -75%
Total Pt 1 Crimes 22 29 13 9 69%112 142 -30 -21%
0 0%0%
PART 2 CRIMES
Assault (Simple)5 4 5 0 0%27 25 2 8%
Disorderly Conduct 7 12 13 -6 -46%33 41 -8 -20%
DUI 10 1 5 5 100%38 33 5 15%
Forgery/Fraud 2 5 2 0 0%18 15 3 20%
Narcotics Offenses 16 31 15 1 7%70 149 -79 -53%
Sex Offense 1 0 0 1 100%2 7 -5 -71%
Vandalism/Graffiti 3 6 11 -8 -73%35 43 -8 -19%
Warrant Arrest 41 43 40 1 3%169 200 -31 -16%
Weapons 2 2 3 -1 -33%15 14 1 7%
Other*2 4 3 -1 -33%14 21 -7 -33%
Total Pt 2 Crimes 89 108 97 -8 -8%421 548 -127 -23%
MAY 2023
PISMO BEACH POLICE DEPARTMENT
MONTHLY ACTIVITY AND CRIME STATISTICS
*Other Part 2 Crimes include: Court Order Violations, Embezzlement, Kidnapping, Liquor Laws, Stolen Property, and Trespass 1307 1407 1602
1339 1265
1051 1016 1000 919 1006 1066 1227 1260
940 890
1216
944 1016 1056
793 813
1023
718 673 862 740
213 221 263 200 217 200 163 154 146 142 154 170 173
May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 WORKLOAD TREND Community-Generated Calls Self-Initiated Activities Incident Reports Attachment 6
9.C-30Council Agenda 6-20-2023
Packet Page 51
ARRESTS May 2023 May 2022 Apr 2023 Variant % Change YTD 2023 YTD 2022 Variant % Change Adult 105 123 103 2 2%444 596 -152 -26%
Juvenile 3 7 5 -2 -40%9 12 -3 -25%
Total Arrests 108 130 108 0 0%453 608 -155 -25%
0%
CITATIONS 0%
Traffic Violation Citations 94 82 158 -64 -41%538 521 17 3% Infraction 79 56 124 -45 -36%401 360 41 11%
Hazardous 0 0 0 0 0%0 0 0 0%
Misdemeanor 15 26 34 -19 -56%137 162 -25 -15%
Felony 0 0 0 0 0%0 0 0 0%
All Other Citations 119 143 129 -10 -8%524 695 -171 -25% Warnings 21 32 28 -7 -25%163 255 -92 -36%
Parking Citations 1,083 1,099 1,252 -169 -13%5,185 6,114 -929 -15% Total Citations 1,317 1,356 1,567 -250 -16%6,410 7,585 -1,175 -15% TRAFFIC ACTIVITY 0%
Traffic Stops 300 307 339 -39 -12%1,429 1,665 -236 -14% Traffic Accidents 7 11 13 -6 -46%37 61 -24 -39%
DUI 1 0 0 1 100%4 9 -5 -56%
Hit & Run 1 2 1 0 0%7 13 -6 -46%
Injury 1 2 3 -2 -67%6 13 -7 -54%
Property Damage Only 6 9 10 -4 -40%29 48 -19 -40%
0 0 0 0 0
0 0
0 4
0 2
1 4
MONTHLY ACTIVITY AND CRIME STATISTICS
MAY 2023
PISMO BEACH POLICE DEPARTMENT
234
339
300
152
211
89 55
37 33
MAR
APR
MAY
3 MONTH TRAFFIC STOPS ACTIVITY
Led to Arrest
Led to Citation
Vehicle Stops
15%
14%
14%
14%
43%
MONTHLY TRAFFIC COLLISION
CAUSES
DUI
Failed to Stop
Failed to Yield
Other
Unsafe Speed
Unsafe Start/Back
Unsafe Turn/Lane
Change
Attachment 6
9.C-31Council Agenda 6-20-2023
Packet Page 52
Jun 2019 Jul 2019
67%of reported actvity occurred between the hours of 7:00 a.m. and 6:59p.m. 33%of reported activity occurred between the hours of 7:00 p.m. and 6:59 a.m. 31%of reported activity occurred on the weekend.
Monthly Activity Analysis
PISMO BEACH POLICE DEPARTMENT
MAY 2023
MONTHLY ACTIVITY AND CRIME STATISTICS
Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8 Zone 9 Zone 10 Zone 11 Zone 12 Zone 13 (OUT)
Percent 0.0%2.9%3.5%2.9%16.9%22.1%33.1%7.0%2.3%0.0%0.6%3.5%5.2% 0 5 6 5
29 38
57 12
4 0 1
6 9
Case Reports Per Zone
Sun
15%
Mon
15%
Tues
16%Wed
13%
Thurs
11%
Fri
14%
Sat
16%
ACTIVITY BY DAY OF WEEK
Days
67%
Nights
33%
ACTIVITY BY SHIFT
Attachment 6
9.C-32Council Agenda 6-20-2023
Packet Page 53
PUBLIC WORKS DEPARTMENT
May 2023
CAPITAL IMPROVEMENT PROJECTS
Police Department Annex
• Building permit plan check review comments returned to Architect for revisions.
Pier Ave Stairs Closure
• Site included in request to FEMA for January storms.
Toucan Terrace Sewer Pipeline Trestle Bridge
• Utilities Manager will be soliciting quotes.
North Shell Beach Rd Storm Drain Repair
• Project complete, working on final close out items.
Palisades and Chumash Parks
• One bid received on May 19th in the amount of $1,445,380. • RFP for CM services currently being advertised, proposals due June 1st. • Tentatively set for Council approval on July 18th.
Chapman House Shoreline
• NOI submitted for HMGP, after discussions with CalOES personnel, application will not be moving forward.
Bello and Price Canyon Signal
• Staff report being presented to Council for June 6th meeting.
Bello Bridge Trail
• Soliciting third quote for trail extension.
Ocean Blvd Improvements
• Handrailing and guard railing currently in fabrication. • Estimated project completion date end of June 2023.
James Way Beautification Project
• Final plans have been submitted for review.
• Staff is putting together an RFP for CM services to be advertised.
Corp Yard Remodel/Addition and City Hall Improvements
• Notice of Completion tentatively scheduled for June 6th.
Park Signs
• Exhibit created for planning review.
Addie Street Restrooms and Parking Enhancements
• Consultant working with Public Restroom Company for restroom design.
Attachment 7
9.C-33Council Agenda 6-20-2023
Packet Page 54
Paving Project
• Construction of ADA curb ramps on Ventana Drive and surrounding neighborhoods in progress.
Chapman Estate ADA Bathroom
• Windows and doors have 16 to 20 weeks lead time.
• Estimated project completion end of November 2023.
• Submittals for doors being reviewed by staff.
Palisades Tennis/Pickleball/Basketball Courts
• Consultant has prepared Conceptual Plan Exhibits and Conceptual Options Comparisons Analysis.
PUBLIC WORKS OPERATIONS
Water
• Normal operations.
• Address water odor complaints.
• Service line leak Wawona.
• Valve replacement on Ocean Blvd completed.
• Service line leak at Vista Del Mar.
• Traffic Control Training.
• CPR training.
Wastewater
• Normal Plant operations and Sampling.
• Annual sampling.
• Addie St. Pump 1 prep for installment.
• Manhole repair on Wawona.
• Training new staff.
• Traffic Control Training.
• CPR training.
Public Facilities
• Main Street Lot closure.
• Moved parking meter kiosks.
• Installed bike repair stations.
• Repaired Cal Sense irrigation boards at various locations. • Roadside weed abatement and round up spray.
• Set-up and break down of electrical for Taste of Pismo. • Placed additional trash cans on beach.
• Repaired volleyball nets on beach courts.
• Striping on Ocean View and Stimpson Ave.
• Replaced missing street signs.
• Installed directional signs on Addie Street and in Addie Street parking lot. • Repaired Restrooms at Wadsworth and Chumash Park.
• Assisted with installment of new swing sets on the beach. • Attended CPR training course.
• Repaired sinkhole in sidewalk.
• Conducted volleyball pole inspections and repairs.
Attachment 7
9.C-34Council Agenda 6-20-2023
Packet Page 55
• Installed new sink at Chumash Park Restrooms.
• Mounted new toilet in Chumash Park Restroom and rerouted water supply. • Replaced damaged street signs on Price and Hinds.
• No Park along Stimson Ave to accommodate for temporary bus parking. • Removed graffiti at various locations throughout downtown. • Distributed Lifeguard towers along the beach.
• Repainted dumpster enclosure at Dinosaur Caves Park.
• Conducted door and restroom repairs at Police Department. • Repaired sand shower in Addie Street parking lot.
• Moved artifacts and furniture at Chapman Estate in preparation of construction. • Set-up and breakdown from Cuz Were Pismo.
• Set-up and breakdown of delineators for repainting of compass on the pier. • Repaired trash cans throughout the city.
• Laid concrete pad for park BBQ relocation and mounted new BBQ. • Set-up and breakdown for Pacific Breeze Concert at Dinosaur Caves Park.
ENGINEERING ACTIVITIES
Development Review/Permits/Inspections
• 2655 Shell Beach Road HASLO – Contractor continues with onsite work. • Hanford/Shaffer Lane Development – No activity.
• Addie street sidewalk – Work nearly complete.
• South Beachcomber Drive – Coastal Development Permit for 20 new residential lots off of Shell Beach Road. Vesting Tract Map Has been reviewed by City Staff and comments are into the developer.
• 4th Street Peoples Self Help Housing project – Contractor continues with onsite work. • 4th Street Gas Station – Contractor continues with onsite work. • 401 Shell Beach Road (old Dell’s Building) - Applicant submitted final subdivision map for review and comments.
• 2900 Shell Beach Road, Tract 3043 – NOC approved on May 2, 2023.
OTHER ACTIVITIES
During the month of March project development review, staff performed 26 plan checks. Engineering staff issued 3 encroachment permits and performed 3 field inspection during the month.
Attachment 7
9.C-35Council Agenda 6-20-2023
Packet Page 56
March: N/A
YTD: N/A
VIC Walk-In Count: N/A
Daily Average: N/A
International visitors:
N/A
Inquiries/Comments
N/A
• Sent Visitors Guides to Pennsylvania, New York, Florida, Washington, Virginia, North Carolina, Kansas, Utah, California, Ohio, Minnesota, Wisconsin, Illinois, Oklahoma, Arizona, Nevada and Oregon. • Received Leads from Visit California and added them to our newsletter. • Submitted Check request for Chapman Estate April Docent Tour Fees. • IPW meeting preparation for Gordon.
• Finalized Visitors Guide with TJA.
• Sent Band Review inquires to all schools for 2023 Band Review. • Sent Community Event Organizer form to County of SLO for July 4th. • Attended Laserfiche Empower Conference.
• Continued receiving payments and information from July 4th Vendors. • Interim City Manager sent out July 4th ticket information to Council and Commissioners. • Sent latest maps and schedule of events for Car Show to Public Works. • PW secured encroachment permit from CalTrans for Car Show. • Sent FOPH License Agreement out for signatures via Docusign. • Sent July 4th vendors a status update on applications. • Verified vendors Business Licenses for Car Show.
• Worked on placement of commercial and food vendors for July 4th. • Met with City Clerk and IT for new sound set-up training in the Council Chamber. • Requested additional security for road closures from Just Cruzin for Car Show. • Requested American Flag set up for 4th of July fireworks display from Zambelli. • Received proposal and invoice from Sip and Pour for 4th of July. • Began taking inventory and placing orders for July 4th supplies. • Worked on seating arrangements and ticketing for July 4th Celebration. • Discussed cleaning of airstreams with Public Works.
• CVB/LBID Board Meeting prep.
• Met with architect and construction companies for Chapman ADA project and notified them of upcoming events.
• Worked with Public Works to move fragile items away from construction area in refectory area of Chap- man Estate.
• Paid invoices for Ribline and Coastal Consulting for July 4th Celebration.
Attachment 8
9.C-36Council Agenda 6-20-2023
Packet Page 57
PLATFORM NEW THIS MO. TOTAL FANS/VIEWS
Facebook 570 206,512
Twitter -6 6,146
Instagram 2,318 72,669
YouTube 77,879 847,674
E-Newsletter -25 62,361
Pinterest 1,393 1,393
ExperiencePismoBeach.com THIS MONTH YEAR TO DATE
Total Sessions 152,371 959,278
Average Daily Visitors 4,915 2,624
All Lodging Referrals 8,241 61,370
Jack Rabbit Referrals 2,959 22,111
• Agenda Review Meeting
• Directors Meeting
• South County Rise and Shine
• Chamber Mixer
• City Council Budget Workshop
• Visit SLO CAL Marketing Committee Meeting
• PBHA Meeting
• CVB/BLID Meeting
• City Council Meeting
• SEC Meeting
• IPW in Austin, TX
• Chapman Estate Meeting
• Received SEC Application for Shell Beach Library
75th Anniversary, Cadena Dinner at Chapman,
Holly Berry, Real Men Wear Pink, PSL Global
Championships
• and a wedding.
• Sent latest maps and schedule of events for Car
Show to Public Works.
• Notified SEC permit applicants of their approval
status.
• Received payment for Cadena Dinner at Chap-
man, a wedding, Real Men Wear Pink and Camp
Fire Hollyberry Auction.
• Received funding request application for PSL
Global Championships
• Issued SEC permit for Classic Car Show and
House of God Freedom Fest.
• Requested pending cleaning deposit payment,
insurance, posters and ABC Licenses from JCP
for Car Show.
• Received ABC forms for Car Show.
• Sent ABC forms to Just Cruzin for Classic Califor-
nia Car Show.
• Verified vendors Business Licenses for Car
Show.
• Organization of Visitors Center and Storage.
• Delivered Visitors Guides to downtown Lodging
Properties.
• VIC hosts handed out Car Show Posters to local
businesses.
• All Staff attended Cuz We’re Pismo city wide
event.
• Sent out June schedule to staff.
• Staff attended line level training at City Hall.
• Set up site tour with Sandcastle Hotel on the
Beach General Manager and Area Sales Manag-
er.
• Set up site tour for future event and conducted
two site tours.
• Hosted an RV club for lunch during Open Gates.
• Walk through at Chapman for PW requests be-
fore SLO Symphony event.
• Received three inquiries for upcoming events.
• Scheduled a tour for the senior program at City
of SLO.
• Worked on putting away statues, artwork,
sconces and other items to get ready for con-
struction.
• Emailed upcoming event information to
Artchitect and construction contact.
• Sent Visitor Log over to Chapman Estate Foun-
dation.
Attachment 8
9.C-37Council Agenda 6-20-2023
Packet Page 58
• https://www.mercurynews.com/2023/05/12/experience-pismo-beach/ • https://easyreadernews.com/travel-whales-put-on-a-real-show-near-pismo-beach/ • https://keyt.com/news/san-luis-obispo-county/2023/05/12/mothers-day-weekend-brings-tourists-from- across-the-country-to-the-central-coast/
• https://easyreadernews.com/travel-whales-put-on-a-real-show-near-pismo-beach/ • https://www.mercurynews.com/2023/05/12/experience-pismo-beach/ • https://www.yardbarker.com/lifestyle/articles/
the_15_beaches_you_need_to_visit_in_southern_california/s1__38820297#slide_5 • https://kfiam640.iheart.com/content/2023-05-16-two-california-seafood-shacks-named-among-the-best- in-america/
• https://www.benzinga.com/pressreleases/23/05/n32436174/inn-at-the-pier-in-pismo-beach-ca-joins- curio-collection-by-hilton-following-extensive-renovation • https://www.smobserved.com/story/2023/05/05/lifestyle/californias-central-coast-hotels-celebrate- glorious-super-blooms/7583.html
• https://www.diablomag.com/travel-places/rail-world-three-spectacular-train-trips/article_39c08ffa-e862- 11ed-a2dc-138a87381896.html
• https://www.ksby.com/news/local-news/organization-dedicated-to-surf-therapy-opens-world-hq-in-shell- beach
• https://tomilli.com/usa-canada/californias-most-surreal-beaches/ • https://www.ksby.com/community/ampsurf-para-surf-league-open-global-headquarters-in-shell-beach • https://keyt.com/lifestyle/travel/2023/05/08/slo-county-travel-industry-reports-strong-numbers-for-last- year-including-record-breaking-tourist-spending/
• https://www.thestreet.com/personal-finance/15-trending-travel-spots-in-the-u-s • https://www.travelrealizations.com/top-things-to-do-in-pismo-beach-california/ • https://www.thedailymeal.com/1271322/ultimate-guide-clam-varieties/ • https://woodallscm.com/pismo-coast-rv-resort-to-host-vintage-trailer-rally/ • https://sandee.com/united-states/california/pismo-beach/pismo-state-beach---north-beach • https://www.yahoo.com/lifestyle/california-beach-visit-based-zodiac-002709624.html • https://kmph.com/news/local/looking-for-some-weekend-fun-14th-annual-pismo-vintage-trailer-rally- underway
• https://www.advfn.com/stock-market/stock-news/91084217/inn-at-the-pier-in-pismo-beach-ca-joins- curio-col
• https://www.msn.com/en-us/travel/tripideas/23-family-summer-vacation-ideas-from-costa-rica-eco- lodges-to-alaska-national-parks/ar-AA1bmKoe?li=BBnbklE
• https://www.beach.com/beaches/unveiling-the-best-beaches-pismo-beach/ • https://www.hotel-online.com/press_releases/release/inn-at-the-pier-in-pismo-beach-ca-joins-curio- collection-by-hilton-following-extensive-renovation/
• https://www.newsbreak.com/san-luis-obispo-ca/3032382270475-the-best-places-to-camp-in-san-luis- obispo-according-to-yelp
• https://www.thediscoveriesof.com/pismo-beach-hikes/
• https://www.travelwires.com/public/inn-at-the-pier-opens-its-doors-for-guests • https://finance.yahoo.com/news/sparkling-wine-maps-over-150-124100220.html • https://www.yourcentralvalley.com/cvt/the-37th-annual-classic-pismo-beach-car-show-returns-june-2/ https://www.nxtbook.com/nxtbooks/time/california_roadtrips2023/index.php?startid=26#/p/26 • https://www.countryliving.com/life/travel/g43896708/best-beach-camp-sites-in-us/ • https://www.hotelmanagement.net/renovations/inn-pier-pismo-beach-joins-curio-collection-hilton • https://www.sanluisobispo.com/news/local/article275785756.html • https://www.ksby.com/news/local-news/central-coast-locals-and-visitors-decided-to-celebrate-the- extended-weekend-in-pismo-beach
• https://news.yahoo.com/central-coast-locals-visitors-decided-053654237.html • https://www.sanluisobispo.com/news/local/article275888646.html • https://www.thetravel.com/best-beach-towns-in-central-california/#half-moon-bay Attachment 8
9.C-38Council Agenda 6-20-2023
Packet Page 59
RECREATION PROGRAMS
• Recreation programs had 168 registered participants for the month of May. • Spring adult programs for May include Yoga, Surf, Tae Kwon Do, Qi Gong, Judo and Latin/Ballroom Dance, Line Dancing, Watercolor, Karate, Guitar, and Fitness.
• Pismo Beach Volleyball Club spring session began on May 2 with 65 enrolled. Staff were in constant com- munication with PBVC instructors regarding enrollment, coaches, and court maintenance. • Babysitting class added two June dates to meet demand. • Pickleball Clinic for May had 18 participants.
• New tennis instructor doubles clinic and lessons to begin in June. • Summer camps: Youth camps begin in June, and staff have been communicating with instructors and par- ents daily to fill as many spots as possible.
• Staff working with Collette Tours answer questions about current travel offers to our community. • Recreation continues to register participants over the phone to answer questions relating to upcoming classes and programs. Reminder calls were made to all participants registered in programs prior to class start date. For our active adults, phone transactions and registrations are preferred.
SPECIAL EVENTS
• Senior Dance May 8 – This month’s theme was “Fiesta”. The dance had 23 participants. Lunch included a taco bar, salad, and desserts. Music was provided by the Swingin’ Bridge Band. • Mother’s Day Concert May 14 – This annual event featured the Damon Castillo Band and had an estimat- ed 800 people in attendance. This is the first of 3 summer concerts in the Pacific Breeze Concert Series. • California Beach Volleyball tournament May 4 – The first of 4 tournaments had 9 teams registered. This was a Women’s adult tournament and was requested by the community.
• Neighborhood event at Pismo Beach Mobile Home Park on May 19 - Over 80 residents from the park en- joyed live music, food, and lawn games. Several city staff and elected officials attended the event. • Neighborhood event planning - Postcards were printed and mailed to Toucan Terrace area residents for the next event scheduled for June 9. Food, music, and activities for all ages will be provided. This event will take place at the Toucan Terrace HOA Clubhouse from 5-7PM. • Stride with the Tide - Staff met with San Luis Distance Club (SLDC) to review contract and discuss planning and logistics for the 5K race. The flyer and t-shirt design were created and is in production. SLDC is devel- oping a design for the awards, which will be coffee mugs. Race permit request was submitted to California State Parks. Promotion through community calendars and race websites as well as sponsorship requests to local and regional companies have begun.
Attachment 8
9.C-39Council Agenda 6-20-2023
Packet Page 60
—
FACILITIES
• The Facility Attendant, Security Guard, and Janitorial service schedule is updated as needed to reflect new rentals.
• Recreation communicated with special events and regular rentals regarding park application, fees, and rental details.
• Recreation sent the Janitorial service the monthly calendar for programs and cleaning schedule. • Staff contacted special event clients for insurance certificates for upcoming rentals to meet require- ments.
• The exterior painting of the Pismo Beach Veterans Hall was completed in May. • There were 2 hall rentals and 11 park rentals for the month of May. In addition, the veteran’s hall was also used for first aid / CPR training and Cuz’ We’re Pismo staff development events. • Invoices for Janitorial and Security contractors processed for completed rentals. • Hardwood flooring repair and refinishing at the Pismo Beach Veterans Hall began on May 30th and is ex- pected to be completed in mid-June.
• Facility coordinator working with CVB on SEC events as needed.
PRBC
• Regular meeting held on May 4, 2023.
• Design and materials selected for new park signs. Recreation is working with Engineering/Planning and South Paw to determine material and size of signs.
Ad-Hoc committees were formed to research future public art projects. • Recreation Manager to schedule meetings with committees for public art ideas at Eldwayen Ocean Park and the James Way Beautification.
ADMINISTRATIVE
• Instructor payments and cash reconciliation were completed on a weekly basis. • Active training is scheduled for June.
• Follow up with artists regarding completion of public art stop signs for Cliff, Terrace, and Vista Del Mar. • Updates to the Recreation webpage as needed.
• Recreation Coordinator position interviews are scheduled for June 1. • Follow-up with instructors on enrollment and logistics for upcoming classes. • Inquiries regarding recreational programs have been returned. • Recreation Manager attended the SEC for upcoming events. • Adopt-A-Bench inquiries followed up via phone and email. Meeting with Public Works to discuss the re- placement of benches scheduled for June 6.
Attachment 8
9.C-40Council Agenda 6-20-2023
Packet Page 61
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.D
SUBJECT/TITLE:
MONTHLY INVESTMENT TRANSACTION REPORT OF THE CITY’S CASH AND INVESTMENTS FOR APRIL 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 April 30, 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 April 30, 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 April 30, 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: June 20, 2023 Submitted by: Nadia Feeser, Administrative Services Director / City Treasurer Interim City Manager Approval:
9.D-1Council Agenda 6-20-2023
Packet Page 62
City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned April
2023
Actual Year-to-
Date Interest
Earned Ending
4/30/2023 * Data Sources
General Fund
Reserves
US Bank CDs/GASs/Corp/
Muni Bonds
2.07% avg 7,764,573$ 17,297$ 120,946$ 1 City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note
2.61% avg 41,785,360 44,724 422,447 1 Total All Securities 49,549,933$ 62,021$ 543,393$ City Pooled Funds - B US Bank Custody 0.00%-$ 268$ 2,670$ 1 City Pooled Funds - B Local Agency Invest.
Fund
State Investment
Pool
2.74%14,628,763 - 298,507 2
City Pooled Funds - B US Bank Checking 0.00%11,002,970 1,471 9,079 3 City Pooled Funds - B 25,631,733$ 1,739$ 310,255$ City Pooled Funds total A + B 67,417,094$ 46,463$ 732,702$ Funds Held with Fiscal
Agent
Bond funds:
Wilmington Trust
2017 Pier Project 425$ 2$ 425$ 4 Funds Held with Fiscal
Agent
Bond funds:
Wilmington Trust
2017 CREB's
Project
281 1 275 4 CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit
Trust Account
Various managed
by CalPERS
4,707,647$ -$ 162,505$ 5 TOTAL, Cash and Investments at April 30, 2023:79,890,019$ 63,763$ 1,016,853$ TOTAL for City Managed Portfolio, Cash and Investments:75,181,666$ 63,760$ 853,649$ 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.D-2Council Agenda 6-20-2023
Attachment 1
Packet Page 63
CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
April 30, 2023
INVESTMENT ACTIVITY
PURCHASES OR DEPOSITS
04/14/23 Purchase Bank Five Nine 245,000$
04/14/23 Purchase CIBC Bank USA Chicago 245,000
04/18/23 Purchase US Treasury Bill 4,922,266
Total 5,412,266$
SALES, MATURITIES, CALLS OR WITHDRAWALS
04/24/23 Matured Citibank 245,000$
04/28/23 Matured University Iowa Community FCU 245,000
Total 490,000$
ACTIVITY TOTAL 4,922,266$
INTEREST REVENUE
GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 17,297$
POOLED INVESTMENTS
Interest Earned on Investments 44,724$
TOTAL INTEREST EARNED 62,021$
Data Source: Monthly Download of Transactions from US Bank Attachment 2
Packet Page 64
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:4/30/2023 Bank Account Description Bank ID
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Checking US Bank 11,791,306$ 3,368,853$ (4,061,339)$ 5,550,417$ (5,646,266)$ 11,002,970$ LAIF LAIF 19,497,354 131,409 - - (5,000,000) 14,628,763 Total all Bank Accounts 31,288,660$ 3,500,262$ (4,061,339)$ 5,550,417$ (10,646,266)$ 25,631,733$ Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Fund
General Fund 1001-10101 6,620,199 (768,087) (1,376,914) - - 4,475,198 General Fund-Reserve 1001-10105 24,134 17,344 - - - 41,477 Half Cent Sales Tax Fund 1002 1,353,278 (1,035,174) - - - 318,104 Special Revenue Funds
Gas Tax Fund 2001 252,717 29,876 - - - 282,593 LTF - Streets 2002 393,508 (31,356) (867) - - 361,285 PEG Access Fund 2003 79,406 1 - - - 79,407 Police Grant Fund 2004 221,210 - - - - 221,210 Hous ing In Lieu Fund 2005 2,223,197 (674,417) - - - 1,548,780 LBID Fund 2006 2,001,099 153,924 (3,958) - - 2,151,065 Chapman House 2007 9,627 (37) (1,402) - - 8,189 Capital Projects Funds
Capital Projects Fund 3001 164,056 1,503,800 (1,896,084) - - (228,228) Public Facilities Fund 3002 873 - - - - 873 Park Development Fund 3003 333,229 (4,861) - - - 328,369 Circulation Fund 3101 306,841 (7,165) - - - 299,676 Development Impact Fee Fund 3102 495,958 913 - - - 496,871 Developer Impact Fee Fund 3103 166,236 - - - - 166,236 Underground Utility Fund 3201 16,434 - - - - 16,434
9.D-4Council Agenda 6-20-2023
Attachment 3
Packet Page 65
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:4/30/2023 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 760 - - - - 760 Spyglass AD Fund 4102 12,659 - - - - 12,659 Indio-El Portal AD Fund 4112 735 - - - - 735 Visalia Street AD Fund 4113 100,527 (100,000) - - - 527 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 2,760,156 (653,824) (198,626) - - 1,907,706 Water Construction Fund 6103 621,464 (497) - - - 620,968 Water Expansion Fund 6104 808,505 - -- - 808,505 Wastewater Enterprise Fund 6201 2,735,459 (765,326) (320,849) - - 1,649,284 Wastewater Construction Fund 6202 1,346,154 1,509 (1,509) - - 1,346,154 Wastewater Expansion Fund 6203 1,886,733 709 - - - 1,887,442 LTF - Transit Fund 6301 28,316 (75) - - - 28,241 Pier Operations Fund 6401 38,272 5,642 (22,391) - - 21,522 Parking Fund 6501 2,242,800 427,636 (24,679) - - 2,645,757 Internal Service Funds
Technology Service Fund 7101 12,334 81,088 (70,633) - - 22,789 Motor Vehicle Fund 7201 2,834,463 (48,318) (66,084) - - 2,720,061 Trust & Agency Funds
SLO County TMD 8201 114,291 120,686 (114,764) - - 120,213 Control Funds
Payroll Control Fund 9301 836,371 1,171 55,193 - - 892,736 Interest Control Fund 9302 5,272 132,880 - - - 138,152 Utility Billing Control Fund 9304 240,836 (853) - - - 239,982 M/R Control Fund 9305 - - - - - - Total all cash funds 31,288,110 (1,612,810) (4,043,567) - - 25,631,733
9.D-5Council Agenda 6-20-2023
Attachment 3
Packet Page 66
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:4/30/2023 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 5,135,440 245,000 - - - 5,380,440 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 3,043,560 - - - - 3,043,560 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 1001-10146 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 10,945,266 2,000,000 - - - 12,945,266 Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 (0) - - - - (0) Housing In Lieu Fund 2005-10404 875,000 (245,000) - - - 630,000 Housing In-Lieu Fed Agencies 2005-10405 140,000 - - - - 140,000 Housing In-Lieu Treasury Note 2005-10410 - 922,266 - - - 922,266 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.D-6Council Agenda 6-20-2023
Attachment 3
Packet Page 67
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:4/30/2023 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 424 2 - - - 425 Public Fin Fiscal Agent-CREBs 4002-10515 280 1 - - - 281 Visalia Street CD's 4113-10404 - 100,000 - - - 100,000 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 Fund Treasury Note 6101-10410 - 1,000,000 - - - 1,000,000 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 WWtr Fund Treasury Note 6201-10410 - 1,000,000 - - - 1,000,000 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 (245,000) - - - 980,000 Parking Fund Federal Agencies 6501-10405 1,750,000 - - - - 1,750,000 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 540,000 145,000 - - - 685,000 MVR Fund Federal Agencies 7201-10405 500,000 - - - - 500,000 CalPers Benefit Trust
OPEB Trust Account 8101-10408 4,473,647 234,000 - - - 4,707,647 Total all Investments 49,102,017$ 5,156,269$ -$ -$ -$ 54,258,286$ Total all Funds 80,390,128$ 3,543,458$ (4,043,567)$ -$ -$ 79,890,019$
9.D-7Council Agenda 6-20-2023
Attachment 3
Packet Page 68
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E
SUBJECT/TITLE:
UPDATE ON JANUARY 9, 2023 AND JANUARY 12, 2017 EMERGENCY
PROCLAMATIONS
RECOMMENDATION:
No action recommended; for information only.
BACKGROUND:
Chapter 2.32 of the Pismo Beach Municipal Code empowers the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by an emergency and the City Council is not in session. An emergency exists when conditions are beyond the control of the services, personnel, equipment, facilities, and existing laws of this City. The declaration is an acknowledgement of the need for additional resources and expedited procedures to deal with the emergency. The Director of Emergency Services’ declaration is subject to City Council ratification within seven days.
As required by the Emergency Declarations ratified by Resolution R-2023-001 on January 11, 2023, relating to winter storm damage, and by Resolution R-2017-012 on January 17, 2017, relating to winter storm damage, the following status report is provided for information purposes.
January 11, 2023 Proclamation: Winter Storms
The City Council declared a state of emergency on January 11, 2023, via Resolution R- 2023-001, ratifying the Emergency Services Director’s proclamation of a local emergency in response to the January 2023 winter storms. On January 9, 2023, the County of San Luis Obispo declared an emergency which was followed by a declaration by Governor Newsom for the region. On January 14, 2023 President Biden approved a major disaster declaration for the January storms, making federal disaster aid available. The storms, which began the first week of January, took a toll on the community, causing conditions of peril to the safety of persons and property due to flooding, bluff erosion, strong winds and other storm related damages.
Staff took immediate cleanup and protective measures of the sites where possible and has been working with FEMA through the California Governor's Office of Emergency Services (CalOES) for reimbursement for work and funds required to cleanup and secure the various sites. Staff attended a Recovery Scoping Meeting with FEMA on January 18, 2023. Sites that were submitted to FEMA/CalOES include:
Section of bluff on Ocean Boulevard north of Margo Dodd Park between Seaview Avenue and Palisade Avenue
Section of failed bluff at intersection of Palisade Avenue and Ocean Avenue Pier Avenue Storm Drain Outfall
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Pier Avenue Stairs
Eldwayen Park Point (area in park that includes telescope and public bench) Eldwayen Park North (section of park on north end adjacent to Ocean Boulevard Improvement Project)
Price Canyon Slope (section of recently completed slope repair) March 2023 Winter Storms
President Biden recently declared a disaster in California for the March 2023 storms. Staff is working with CalOES/FEMA to provide initial damage inventory and estimates and determine if any further declarations will need to be made by the City to be eligible for funding. Sites that have recently been submitted include:
Bluff failure at Memory Park adjacent to recently completed St. Andrews seawall Bluff failure at Ebb Tide Park
January 12, 2017 Proclamation: Winter Storms
The Pismo Beach City Council declared a state of emergency on January 12, 2017, via Resolution R-2017-0121, in response to the January 2017 winter storms. Shortly after the Council’s declaration, the County of San Luis Obispo declared an emergency which was followed by a declaration by Governor Jerry Brown for the region. On February 14, 2020 and March 16, 2020 President Donald Trump declared a major disaster for the early and late January storms, making federal disaster aid available. The storms, which began the first week of January, took a toll on the community, culminating with a Caltrans storm drain failure on Highway 101, which caused flooding of two hotels on Price Street, blockage of the City’s Franklin storm drain outfall and debris scattered along Highway 101, Price Street and sidewalk, on Franklin Drive and various private parcels on January 20, 2017. Damage from the storms includes but is not limited to the following:
Bluff failure on Ocean Boulevard (Caltrans purview)
Bluff failure at Memory Park (FEMA purview)
Franklin Avenue storm drain failure (FEMA purview)
City Hall storm damage (FEMA purview)
Bluff failure at Ebb Tide Park (FEMA purview)
Bluff failure at Cypress Street at Harloe Avenue (FEMA purview) Storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort (FEMA purview)
Storm drain failure on Cliff Avenue at Ocean Boulevard (adjacent to Dinosaur Caves Park) (Caltrans Purview)
Storm drain failure at the end of Harbor View Avenue (FEMA purview) Slope/road failure on Price Canyon Road (Caltrans purview) Summary of Current Events
The storm drain failure at Cliff Avenue and Ocean Boulevard required a Phase II Environmental Study per Caltrans Local Assistance (LA) and the City’s environmental 1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=107586&dbid=0&repo=Laserfiche Council Agenda 6-20-2023 9.E-2
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subconsultant. The Phase II Environmental Study fieldwork is complete and National Environmental Policy Act (NEPA) clearance has been provided. Caltrans LA has granted approval of a time extension and the authorization for the Right of Way (RW) phase of this project was approved on December 13, 2022. Staff has started working with Caltrans LA and the City’s design consultant, ENGEO on preparation of documents for RW authorization. A Request for Proposals for RW acquisition services is being prepared and will be advertised in late June 2023. RW impacts will likely include easement acquisition for installation of lateral reinforcement under adjacent private property and relocation of a PG&E utility pole.
Contracts were awarded by Council on December 21, 2021 to Granite Construction, Inc. and Cannon Associates for construction and construction management services for the Ocean Boulevard Improvement Project, respectively. Construction is nearly complete with only the installation of guard and hand railing outstanding.
A contract was awarded by Council on January 17, 2023 to American Enviro Services, Inc. for construction of the repair of the storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort. Construction began April 17, 2023 and was completed by May 26, 2023. Staff is working with the contractor to finalize documents prior to issuing a Notice of Completion.
FISCAL IMPACT:
There is no direct fiscal impact from this report.
January 2023 Winter Storms
The cost of damage from the January 2023 storms is estimated to be about $26 million.
January 2017 Winter Storms
The cost of damage from the January 2017 storms is approximately $12 million.
ALTERNATIVES:
None, for information only.
ATTACHMENTS:
None.
Meeting Date: June 20, 2023 Prepared by:
Erin Olsen, Management Analyst
Submitted by: Erica Inderlied, City Clerk
Interim City Manager Approval:
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.F
SUBJECT/TITLE:
AMENDMENT #1 TO THE EXISTING AGREEMENT WITH ACHIEVEMENT HOUSE
FOR LITTER REMOVAL SERVICES
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Achievement House, Inc. for litter removal services from July 1, 2023 through June 30, 2025 in the amount of $164,509.20.
BACKGROUND:
The City has for many years used a contractor for Litter Removal and Cleanup Services for the downtown core, beach and outlying roads of the city. The proposal from Achievement House, Inc. was selected through a competitive process and reviewed by a panel of City staff in June 2021. The current Litter Removal Services Agreement expires on July 31, 2023, with the option to be extended “under the same terms for an additional one-year period or longer as the parties agree in writing.” Achievement House has been providing a high level of service that has in most cases exceeded the City’s expectations, and when deficiencies in service have been noted, Achievement House has been quick to correct any issues.
Achievement House has provided a proposal to extend their contract from July 1, 2023 until June 30, 2025 to continue to provide litter removal and cleanup services. The proposed Amendment #1 with attached proposal is included as Attachment 1.A.
Conclusion and Recommendation
This service provides the public with a clean downtown core, beach and outlying roads.
City employees also benefit from this service by alleviation of some of the workload required to keep the City clean. Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Achievement House, Inc. for litter removal services from July 1, 2023 through June 30, 2025 in the amount of $164,509.20.
FISCAL IMPACT:
The fiscal impact of adopting the attached resolution is $164,509.20 over two years, or $82,254.60 for FY 2024 and $82,254.60 for FY 2025. The FY 2024 and FY 2025 Adopted Budgets for General Fund Public Works Facilities Division Streets Activity contract services account include sufficient funds to support this contract extension.
ALTERNATIVES:
1. Do not award the contract extension; provide staff with direction.
9.F-1Council Agenda 6-20-2023
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ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: Amendment #1
Prepared by: Meeting Date: June 20, 2023
Leah Moss, Administrative Secretary
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer Interim City Manager Approval:
9.F-2Council Agenda 6-20-2023
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RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #1
TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH
ACHIEVEMENT HOUSE, INC. FOR LITTER REMOVAL SERVICES FROM JULY 1, 2023 THROUGH JUNE 30, 2025 IN THE AMOUNT OF $164,509.20 WHEREAS, the City has for many years used a contractor for litter removal services for the downtown core, beach and outlying roads of the City; and WHEREAS, this service provides the public with a clean downtown core, beach and outlying roads; and
WHEREAS, Achievement House was selected through a competitive process and their current Litter Removal Services Agreement expires on July 31, 2023, with the option to extend for an additional one-year period or longer as the parties agree in writing; and WHEREAS, Achievement House has provided a proposal to extend their contract from July 1, 2023 until June 30, 2025 to continue to provide litter removal and cleanup services; and
WHEREAS, the Fiscal Year (FY) 2024 and FY 2025 Adopted Budgets for the General Fund contract services account include sufficient funds for litter removal services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the Interim City Manager to execute Amendment #1 (Exhibit A) to the existing Professional Services Agreement with Achievement House, Inc. for litter removal services from July 1, 2023 through June 30, 2025 in the amount of $164,509.20 over the two-year period, or $82,254.60 for FY 2024 and $82,254.60 for FY 2025.
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 20th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
9.F-3Council Agenda 6-20-2023
Attachment 1
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AMENDMENT # 1
to the
AUGUST 5, 2021 AGREEMENT BETWEEN THE CITY OF PISMO BEACH AND ACHIEVEMENT HOUSE, INC.
Pursuant to the August 5, 2021 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and Achievement House, Inc., hereinafter referred to as “Vendor,” City and Vendor hereby agree as follows:
1. Additional services shall be performed as set forth in the proposal dated May 19, 2023, which is attached hereto and by this reference made a part hereof.
2. Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of one hundred sixty-four thousand five hundred nine dollars and twenty cents ($164,509.20) or eighty-two thousand two hundred fifty-four dollars and sixty cents ($82,254.60) per year, without prior written approval of the City.
3. The revised fee under the August 5, 2021 contract, plus this addendum, is three hundred twenty-two thousand one hundred sixty-three dollars and eighty cents ($322,163.80).
4.The revised term end date of this agreement shall be June 30, 2025.
5. All other provisions of the Litter Removal and Cleanup Services agreement between City and Vendor shall remain in full force and effect.
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Benjamin A. Fine, P.E.
Title: Director of Pub lic Works/City Engineer
Dated: ________________________________
Signed:
Name: Jorge Garcia
Title: Interim City Manager
Dated: ________________________________
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
VENDOR:
Achievement House, Inc.
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
(if changed from prior agreement)
______________________________________
______________________________________
Email address for official communications:
(if changed from prior agreement)
______________________________________
Vendor Representative:
(if changed from prior agreement)
Name/Title: ____________________________
Attachment: Cost Proposal 9.F-4Council Agenda 6-20-2023 Attachment 1.A
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ACHIEVEMENT HOUSE, INC.
May 19, 2023
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
Attn: Public Works
Re: Request to continue to provide Litter Removal Services and Cleanup Services To City of Pismo Beach Public Works,
Achievement House, Inc. (AHi) a California non-profit agency is please to submit the following request to continue with providing Litter Removal Services for the City of Pismo from July 1, 2023 to June 30· 2025.
AHi will provide Litter Removal and Clean up Services 5 days a week (excluding major holidays) to areas described in the "Exhibit A Job Duties" including: Pismo Pier Parking Lot Area, Streets of Pismo and 3 Upper Parking lots, Addie Parking Lot and Boardwalk, Wadsworth Beach Access, Wilmar Beach Access, Dead end streets in Pismo, Wadsworth at Bellow, Judkins Middle School, 4th Street, Five Cities Drive, James Way, Rain Storm Day Duties, Stormwater Management Program.
AHi will provide all labor, materials, tools and equipment needed to perform the high quality work the city has come to know and trust. With many years of experience we feel that our crew can continue to provide liter removal and cleanup services that continue to meet the expectations. Attached you will find our completed documents requested.
City of Pismo has played an important part in the success of AHl's vocational training programs and AHi is committed to providing City of Pismo with high quality and consistent Litter Removal Services.
If you have any questions, please contact me at 805-67 4-0558 or by email at [email protected].
Respectfully sub '"'
Traci Hollinger
Sr. Regional Director
Achievement House, Inc.
Achievement House, Inc. 3003 Cuesta College Rd. San Luis Obispo, CA 93405 805.543.9383 Fax 805.543.9384 Corporate Office 1434 Chestnut Street Paso Robles, CA 93446 805.296.3345 Fax: 805.296.3348 www.achievementhouse.org
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9.F-6Council Agenda 6-20-2023
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.G
SUBJECT/TITLE:
AMENDMENT #1 TO THE AGREEMENT WITH PAVEMENT ENGINEERING, INC. FOR ENGINEERING SERVICES DURING CONSTRUCTION OF THE 2022
PAVING PROJECT
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Pavement Engineering, Inc. in the amount of $156,030.50 for Engineering Services During Construction of the 2022 Paving Project.
BACKGROUND:
On April 19, 2022 a Professional Services Agreement with Pavement Engineering, Inc. (PEI) was approved by City Council in the amount of $252,450 for Engineering Services During Construction of the 2022 Paving Project.
Construction of the project is ongoing, and over the course of the project significant work items outside of the initial project scope were added to the project including:
Monumentation and benchmark perpetuation services
Striping modifications on Mattie Road to accommodate roadway widening Prepared control point exhibits to assist the contractor’s surveyor on Mattie Road Re-designs to the Price Street median to accommodate the revised parking layout Pavement evaluations on Vista Del Mar, Placentia Ave. and Boeker Ave.
These items all arose from betterments made to the project after the contract was awarded that have had a positive impact to the project. PEI has provided a cost proposal to cover the increased work that has been performed to date of $156,030.50. The total contract cost including the proposed Amendment #1 is $408,480.50.
Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute Amendment #1 (Attachment 1.A) to the existing PEI contract to cover the additional work that has been performed.
FISCAL IMPACT:
The fiscal impact of adopting the attached Resolution approving Amendment #1 to the PEI agreement is $156,030.50 from the Capital Projects Fund 2022 Paving Project. The project budget included $2,426,452 in contingency funds. There is sufficient budget available in the project’s contingency budget to support this additional work and related costs.
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ALTERNATIVES:
1. Decline approval of Amendment #1 and provide staff with direction on how to proceed.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: Proposed PEI Amendment #1
Prepared by: Meeting Date: June 20, 2023
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer Interim City Manager Approval:
Council Agenda 6-20-2023 9.G-2
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RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #1
TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH PAVEMENT ENGINEERING, INC. IN THE AMOUNT OF $156,030.50 FOR ENGINEERING SERVICES DURING CONSTRUCTION OF THE 2022 PAVING PROJECT WHEREAS, on April 19, 2022 a Professional Services Agreement with Pavement Engineering, Inc. (PEI) was approved by City Council in the amount of $252,450 for Engineering Services During Construction of the 2022 Paving Project; and WHEREAS, over the course of the project significant work items outside of the initial project scope were added to the project including:
• Monumentation and benchmark perpetuation services
• Striping modifications on Mattie Road to accommodate roadway widening • Prepared control point exhibits to assist the contractor’s surveyor on Mattie Road
• Re-designs to the Price Street median to accommodate the revised parking layout
• Pavement evaluations on Vista Del Mar, Placentia Ave. and Boeker Ave; and WHEREAS, these items all arose from betterments made to the project after the contract was awarded that have had a positive impact to the project; and WHEREAS, PEI has provided a cost proposal to cover the increased work that has been performed to date; and
WHEREAS, there is sufficient budget available in the project’s contingency budget to support this additional work and related costs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #1 (Exhibit A) to the existing Professional Services Agreement with Pavement Engineering, Inc. in the amount of $156,030.50 for Engineering Services During Construction of the 2022 Paving Project.
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 20th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council Agenda 6-20-2023 9.G-3
Attachment 1
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RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 6-20-2023 9.G-4
Attachment 1
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AMENDMENT # 1
to the
MAY 9, 2022 AGREEMENT BETWEEN THE CITY OF PISMO BEACH
AND PAVEMENT ENGINEERING, INC.
Pursuant to the May 9, 2022 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and Pavement Engineering, Inc., hereinafter referred to as “Vendor,” City and Vendor hereby agree as follows:
1.Additional services shall be performed as set forth in the proposal dated May 16, 2023, which is attached hereto and by this reference made a part hereof.
2.Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of one hundred fifty-six thousand thirty dollars and fifty cents ($156,030.50), without prior written approval of the City.
3.The revised fee under the May 9, 2022 contract, plus this addendum, is four hundred eight thousand four hundred eighty dollars and fifty cents ($408,480.50).
4.All other provisions of the Engineering Services During Construction of the 2022 Paving Project agreement between City and Vendor shall remain in full force and effect.
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Benjamin A. Fine, P.E.
Title: Director of Public Works/City Engineer
Dated: ________________________________
Signed:
Name: Jorge Garcia
Title: Interim City Manager
Dated: ________________________________
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
VENDOR:
Pavement Engineering, Inc.
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
(if changed from prior agreement)
______________________________________
______________________________________
Email address for official communications:
(if changed from prior agreement)
______________________________________
Vendor Representative:
(if changed from prior agreement)
Name/Title: ____________________________
Attachment: Cost Proposal
Council Agenda 6-20-2023 9.G-5
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.H
SUBJECT/TITLE:
AUTHORIZATION OF A LOCAL COASTAL PROGRAM LOCAL ASSISTANCE GRANT
APPLICATION TO THE CALIFORNIA COASTAL COMMISSION
RECOMMENDATION:
Adopt a Resolution authorizing the submission of a grant application for, and receipt of, up to $500,000 in funding to assist in updating the City’s Local Coastal Program from the California Coastal Commission.
BACKGROUND:
The Budget Act of 2021 provides up to $31 million to support the Coastal Commission’s LCP Local Assistance Grant Program, which awards grants to local governments to support coastal resiliency and updates to Local Coastal Programs (LCPs). An LCP is a planning document mandated by the Local Coastal Act of 1976 that acts as a companion to the City’s General Plan and addresses issues related specifically to planning concerns in coastal areas. In October 2021 and November 2022, in conjunction with additional LCP Grant Program updates, the Coastal Commission approved a non-competitive grant application process by which grant proposals for up to $500,000 could be approved on a rolling basis. Funds may be used for developing and amending LCPs and for projects that are designed to assist local governments in assessing impacts and planning for coastal resiliency.
The City was previously awarded $85,000 and $170,000 as part of the CCC Round 6 grant funding. To date, the City has received 100% of the grant funding. These funds have assisted in the development of the City’s Draft LCP, including a draft unified zoning code along with various studies to support the LCP. Should this new application be successful, the funding would be utilized primarily to complete the review, adoption and Coastal Commission certification of the City’s Zoning Code / Implementation Plan, as well as for the processing of the General Plan / Land Use Plan through the Coastal Commission certification process.
Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) authorizing the submission of the grant funding request in an amount not to exceed $500,000. This amount would recapture costs associated with staff and consultant time devoted to the project for approximately the next two years, depending on the time necessary to process the LCP through the Coastal Commission certification process.
FISCAL IMPACT:
If this application is successful, the City would receive up to $500,000 in new grant funds, which would be utilized to complete the current LCP update that has funding accounted for in the upcoming two-year budget.
Council Agenda 6-20-2023 9.H-1
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ALTERNATIVES:
1. Provide additional direction to staff.
ATTACHMENTS:
1. Resolution
2. LCP Local Assistance Grant Announcement
Submitted by: Meeting Date: June 20, 2023
Matthew Downing, Community Development Director
Interim City Manager Approval:
Council Agenda 6-20-2023 9.H-2
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RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION FOR, AND RECEIPT OF, UP TO $500,000 IN FUNDING TO ASSIST IN UPDATING THE CITY’S LOCAL COASTAL PROGRAM FROM THE CALIFORNIA COASTAL
COMMISSION
WHEREAS, the Budget Act of 2021 provides up to $31 million to support the Coastal Commission’s Local Coastal Program (LCP) Local Assistance Grant Program, which awards grants to local governments to support coastal resiliency and updates to LCPs; and
WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act, may provide financial assistance to support coastal planning and has approved a grant program to provide such financial assistance for LCP planning; and WHEREAS, the goal of the grant program is to develop new or updated LCPs in conformance with the California Coastal Act and to promote coastal resiliency and address the effects of climate change; and
WHEREAS, grant proposals submitted under this grant program must complete LCP planning work with special emphasis on coastal resiliency and addressing the effects of climate change and sea-level rise; and
WHEREAS, the City of Pismo Beach has an effectively certified LCP; and WHEREAS, the City of Pismo Beach desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an Amendment to the LCP in part; and
WHEREAS, the City of Pismo Beach commits to and agrees to fully support a planning effort intended to amend a certified LCP pursuant to the provisions of the California Coastal Act, with full public participation and coordination with the Coastal Commission staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach as follows:
1.The Community Development Director is hereby authorized and directed to submit the grant application package to the California Coastal Commission to provide financial and planning assistance, under authority of the California Coastal Act, in an amount not to exceed $500,000 to fund the project more particularly described in the grant application package;
Council Agenda 6-20-2023 9.H-3
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2.The Community Development Director is authorized to execute, in the name of the City of Pismo Beach, all necessary applications, contracts, and agreements and amendments thereto to implement and carry out the grant application package and any project approved through approval of the grant application.
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 20th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 6-20-2023 9.H-4
Attachment 1
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STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, G OVERNOR
CALIFORNIA COASTAL COMMISSION
455 MARKET STREET, SUITE 300
SAN FRANCISCO, CA 94105-2421
VOICE (415) 904-5200
FAX (415) 904-5400
1
CALIFORNIACOASTALCOMMISSION
LCPLOCALASSISTANCEGRANTPROGRAM
GRANTAPPLICATIONFORM
TheCaliforniaCoastalCommissionispleasedtoannouncetheavailabilityofrollinggrant fundingtosupportlocalgovernmentcoastalresiliencyefforts.Fundingisprovidedbythe BudgetActof2021,whichappropriates$31milliontotheCoastalCommissiontosupportits LCPLocalAssistanceGrantProgram.Thegrantprogramisintendedtoprovideassistanceto localgovernmentsresponsiblefordevelopingandamendingLocalCoastalPrograms.Funds maybeusedforprojectsthataredesignedtoassistlocalgovernmentsinassessingimpactsand planningforcoastalresiliency,includingadaptingtotheimpactsofclimatechangeandsealevel rise,andwhichcontainanLCPplanningcomponent.
TheCoastalCommissioniscurrentlyacceptingallgrantapplicationsonarollingbasis.All proposalswillbereviewedbystaffforconsistencywithgrantprogramprioritiesandevaluation criteria.TheExecutiveDirectorwillmakeawarddeterminationsforproposalsupto$500,000, whileproposalsover$500,000willbescheduledforpossibleawardingataCoastalCommission hearing.Theapplicationformandadditionaldetailsareprovidedbelow.Moreinformationon eligiblegranteesandprojects,programpriorities,andevaluationcriteriacanbefoundinthe adoptedLCPGrantProgramUpdates.
CoastalCommissionstaffisavailabletoassistduringtheapplicationprocess.Applicantsare stronglyencouragedtoreachouttotheLCPGrantteamwithanyquestionsastheydevelop anddrafttheirapplications.Contactinformationisprovidedbelow.
Contents
APPLICATIONFORM......................................................................................................................................2 APPLICATIONMATERIALS.............................................................................................................................3 SUBMISSIONINSTRUCTIONS........................................................................................................................6 CONTACTINFORMATION..............................................................................................................................7 AttachmentA:SampleResolution................................................................................................................9 AttachmentB:ApplicationChecklist..........................................................................................................11 AttachmentC:ProgramPrioritiesandEvaluationCriteria.........................................................................12
Council Agenda 6-20-2023 9.H-5
Attachment 2
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2
APPLICATION FORM
APPLICANTINFORMATION
Applicantname(agency):
Address:
PrimaryContactname: Title:
Telephone:Fax:
Email:
FederalTaxID#:
Personauthorizedtosigngrantagreement,amendments,andRequestforFunds: Name:Title:
Telephone:Email:
PROJECTINFORMATION
ProjectTitle:
LCP/LCPSegment:
ProjectLocation
City/Geographicarea:
County:
ProjectTimeline
Startdate:MM/DD/YYYYEnddate:MM/DD/YYYY
Signature:Date:
Council Agenda 6-20-2023 9.H-6
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APPLICATION MATERIALS
Acompletegrantapplicationpackagewillconsistofthefollowingmaterials.Pleasenotethe entiregrantapplicationwillbepublicrecorduponsubmittal.
1. SignedApplicationForm.Thesignedapplicationform(page2,above),includingtheagency, primarycontact,personauthorizedtosign,andprojectinformation.
2. ProjectDescription.Provideacleardescriptionoftheproposedproject,includinghowthe projectwillmeetprogramprioritiesandfulfilltheevaluationcriteria(seeAttachmentC). DescribethegoalsandobjectivestobeachievedaswellaskeydeliverablesandLCP planningcomponents(includingspecifyingwhetherproposedworkwillincludeupdateson theLandUsePlan,ImplementationPlan/ZoningCode,and/oraPublicWorksPlan).Note thatpublicoutreachandcoordinationwithCoastalCommissionstaffarerequired componentsofthesegrants.TheProjectDescriptionsectionshouldbenomorethan2 pagesin12pointfont,singleͲspaced.
3. TaskDescriptionsandSchedule.Provideadescriptionofthetasksthatwillaccomplishyour projectgoalsandobjectives(seeSection(a.)below)andcompleteaproposedschedule, includinganticipatedbenchmarks,forimplementationofeachtask(seeSection(b.)below). a. TaskDescriptions:Identifyspecifictasksandsubtaskstobeaccomplishedandprovide anarrativedescriptionofeachtaskandsubtask,includingtheapproachneededto accomplishthetaskandtherolesofpartnersandstakeholders.Taskdescriptions shouldbrieflystatehowtheysupporttheoverallprojectgoals. Proposeddeliverablesforeachtaskshouldbedescribedaswell,suchasdraftandfinal sealevelrisevulnerabilityassessmentsandadaptationreports,anddraft,revised draft,andsubmittalsofLandUsePlans,ImplementationPlan,and/orPublicWorks Plans.Notethattasks(andtheschedule,below)shouldaccountforreviewofmajor deliverablesbyCoastalCommissionstaffandmembersofthepublicpriorto finalization.
Pleasedescribehowtheprojectapplicantwillconductoutreachtoengage stakeholdersintheplanningprocess,particularlythosefromdisadvantagedandlowͲ incomecommunities,aswellasCaliforniaNativeAmericanTribes,andhowthese stakeholderswillbeinvolvedintheplanningorassessmentprocess.Ifyourproject includespartners,pleaseidentifytheirrolesandresponsibilities.
b. Schedule:Completethescheduletemplatebelowforeachtaskandsubtask.Please specifydatesforthesubmittalofinterimdraftsaswellasfinaldeliverablesas applicable(e.g.,DraftVulnerabilityAssessmentandFinalVulnerabilityAssessment). Staffanticipatesthatprojectscanbeaccomplishedinapproximately2Ͳ3years,though longerprojecttermswillbeconsidered.
Council Agenda 6-20-2023 9.H-7
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ProposedStart/EndDates:
Task1.TitleProjectedstart/enddates:
1.1SubtaskNameProjectedstart/enddates:
1.2SubtaskNameProjectedstart/enddates:
…etc.Projectedstart/enddates:
Outcome/Deliverables:
a. …
b. …
a. Completiondate
b. Completiondate
Task2.TitleProjectedstart/enddates:
2.1SubtaskNameProjectedstart/enddates:
2.2SubtaskNameProjectedstart/enddates:
…etc.Projectedstart/enddates:
Outcome/Deliverables
a. …a. Completiondate
…ContinueforallrequiredTasksProjectedstart/enddates:
c. BenchmarkSchedule:Pleaselist(1)allsignificantandpertinentprojectbenchmarks relatedtotheprojectforwhichfundsarebeingrequested,(2)expecteddatesfor reachingorcompletingthosesteps.Thesedateswillbeusedinmonitoringgrant progressandingrantreportingunderapprovedgrantagreements.
ACTIVITYCOMPLETIONDATE
4. Budget.PleaseincludeataskͲbyͲtaskbudgetforbothCounty/Citystafflaborandfor potentialconsultantsand/orprojectpartners.BudgetdetailonsubͲtasksisnotnecessary andbudgetsmaybeamendedfollowingexecutionofgrantagreements.Notethat consultant/partnercostsmustbelistedbytaskandmustincludeallcostsrelatingto consultant/partnerlabor,travel,supplies,overhead,etc.Ifconsultantswillbehiredatalater date,pleaseincludeabudgetestimatepertaskthatcanbeupdatedafterhiringthe consultants.
Council Agenda 6-20-2023 9.H-8
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ApplicationBudgetInformation
FundingRequest:$ TotalProjectCost:$
JurisdictionNameCCCGrantTotalMatch/Other
Funds
Total(LCPGrant
Funds+Match/
OtherFunds)
LABORCOSTS1
County/CityStaffLabor
Task1–Taskname
Task2–Taskname
Task3–Taskname,etc.
TotalLaborCosts
DIRECTCOSTS
County/CityStaffProjectSupplies
A
B,etc.
Total
County/CityStaffTravelInState2
Mileage
Hotel,etc.
Total
Consultants3/Partners
ConsultantA
Task1–TaskName
Task2–TaskName
ConsultantB,etc.
Task1–TaskName
Task2–TaskName
ConsultantsTotal
TotalDirectCosts
OVERHEAD/INDIRECTCOSTS4
TotalCounty/CityStaff
Overhead/IndirectCosts
TOTALPROJECTCOST
1Amountrequestedshouldincludetotalforsalaryandbenefits. 2Travelreimbursementratesarethesameassimilarlysituatedstateemployees. 3Allconsultantsmustbeselectedpursuanttoabiddingandprocurementprocessthatcomplieswithallapplicablelaws. 4Indirectcostsinclude,forexample,aproratashareofrent,utilities,andsalariesforcertainpositionsindirectly supportingtheproposedprojectbutnotdirectlystaffingit.Amountrequestedforindirectcostsshouldbecappedat10% ofamountrequestedfor“TotalLabor.”
Council Agenda 6-20-2023 9.H-9
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5. SupplementaryInformation(optional).Additionalphotos,mapsand/orotherinformation maybeincludedasattachmentsifsuchmaterialswillhelpillustrateorsupportthe proposedproject.Thismayincludemapsorotherinformationidentifyingdisadvantaged andlowͲincomecommunitieswithintheplanningarea;maps,photos,orotherinformation regardingprojectareasidentifiedtobesignificantlyimpactedbyclimatechangeorsealevel rise;briefdescriptionsorlinkstopreviouslycompletedstudiesorotherworkuponwhich theproposedprojectwillbuild;orlettersofsupportfromrelevantstakeholders. Pleasenote:Allphotos,maps,andadditionalinformationsubmittedissubjecttothe unqualifiedandunconditionalrightoftheStateofCaliforniatouse,reproduce,publish,or displayit,freeofcharge.Allitemssubmittedwillbeconsideredapublicrecordupon submittalandwillbetreatedinaccordancewithPublicRecordsActrequirements.Please indicateifcreditisrequestedforanyphotosand/ormapsordocuments.
6. ResolutionfromtheApplicant’sGoverningBody.Pleasesubmitaresolutionthatcontains thefollowingauthorizations:1)authoritytosubmittheproposal,2)authoritytoenterintoa grantagreementwiththeCaliforniaCoastalCommissionifthegrantisawarded,and3) designationoftheapplicant’sauthorizedrepresentative(nameandtitle).Asample resolutionisprovidedasAttachmentA.Resolutionsshouldalsocontainclearstatementsof commitmenttofullcompletionoftheintendedgrantprocess,includingsubmissionof applicableLCPproducts(LCPsubmittaloramendment)totheCommissionforreview.
SUBMISSION INSTRUCTIONS
Pleasesubmitthecompletedapplicationform,includingallattachments,viaemailto [email protected].SubmitallapplicationmaterialscombinedinasinglePDF file,ANDsubmittheProjectProposal(includingprojectdescription,taskdescriptions, schedule,andbudget)asaWorddocument.SeeAttachmentBforanapplicationchecklist.5 Ifyouareunabletosubmitviaemail,youmaymailaCDandhardcopytotheCoastal Commissionattheaddressbelow.PleasecoordinatewithKelseyDucklowviaemailpriorto mailinghardcopyapplicationmaterials.
KelseyDucklow
CaliforniaCoastalCommission
455MarketSt.,Suite300
SanFrancisco,CA94105
[email protected]
5Pleasenote:allinformationthatissubmittedissubjecttotheunqualifiedandunconditionalrightoftheStateof Californiatouse,reproduce,publish,ordisplayit,freeofcharge.Alldocumentssubmittedwillbeconsidereda publicrecorduponsubmittalandwillbetreatedinaccordancewithPublicRecordsActrequirements.Please indicateifcreditisrequestedforanyphotosand/ormaps. Council Agenda 6-20-2023 9.H-10
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Onceanapplicationhasbeensubmitted,Commissionstaffwillconfirmithasbeenreceived, andmayfollowupforclarifications,additionaldetails,ortorecommendthatanamended applicationbesubmitted.Forproposalsupto$500,000,theExecutiveDirectorwillmakeafinal determinationongrantawardswithin30daysofsubmittalofacompletegrantapplication. Applicantswillbenotifiedofthedecision,andstaffwillprovideanupdatetotheCoastal Commissiononawardedprojects.Forproposalsover$500,000,onceacompletegrant applicationhasbeensubmitted,staffwillseektotakeproposalstothenextscheduledCoastal Commissionhearingforfinalapproval.
CONTACT INFORMATION
CoastalCommissionstaffarepleasedtoassistlocalgovernmentsduringpreparationofLCP grantapplications.ContactinformationfortheLCPGrantProgramTeamisincludedbelow. Pleasenotethatmanystaffmembersworkfromhome,soemailmaybethebestwayto contactthematthistime.
Forquestionsontheoverallgrantapplicationprocess,includingprojecteligibilityand fundingrequirements,pleasecontactKelseyDucklowat:[email protected]or (415)904Ͳ2335.
Questionsregardingspecificprojectproposals,includingreviewofdraftproposals,shouldbe directedtotheLCPgrantcoordinatorfortherespectiveCounty: x ForDelNorte,Humboldt,andMendocino,Counties,pleasecontactAwbreyYostat: [email protected],orcall(707)826Ͳ8950.
x ForSonoma,Marin,SanFrancisco,SanMateo,SantaCruz,Monterey,andSanLuis ObispoCounties,pleasecontactCareyBathaat:[email protected],orcall (415)904Ͳ5200.
x ForSantaBarbaraandVenturaCounties,pleasecontactKarenVuat: [email protected],orcall(415)904Ͳ5268.
x ForLosAngelesandSanDiegoCounties,pleasecontactMaryMatellaat: [email protected],orcall(415)904Ͳ6093
x ForOrangeCounty,pleasecontactBrittneyCozzolinoat: [email protected],orcall(415)904Ͳ5271.
ForDistrictͲspecificquestions,contactinformationforeachdistrictofficeislistedbelow. NorthCoast(DelNorte,Humboldt,MendocinoCounties)
x ShanaGray,DeputyDirector:[email protected],(415)904Ͳ5280 x MelissaKraemer,DistrictManager:[email protected],(707)826Ͳ8950
Council Agenda 6-20-2023 9.H-11
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NorthCentralCoast(Sonoma,Marin,SanFrancisco,SanMateoCounties) x DanCarl,DeputyDirector:[email protected],(831)427Ͳ4863 x StephanieRexing,DistrictManager:[email protected],(415)904Ͳ5260
CentralCoast(SantaCruz,Monterey,SanLuisObispoCounties) x DanCarl,DeputyDirector:[email protected],(831)427Ͳ4863 x KevinKahn,DistrictManager:[email protected],(831)427Ͳ4863
SouthCentralCoast(SantaBarbaraandVenturaCounties,andtheMalibuportionofLos AngelesCounty)
x SteveHudson,DeputyDirector:[email protected],(805)585Ͳ1800 x BarbaraCarey,DistrictManager:[email protected],(805)585Ͳ1800
SouthCoast(LosAngeles(exceptMalibu)andOrangeCounties) x KarlSchwing,DeputyDirector,OrangeCounty:[email protected], (562)590Ͳ5071
x SteveHudson,DeputyDirector,LosAngelesCounty:[email protected], (562)590Ͳ5071
x ShannonVaughn,DistrictManager:[email protected],(562)590Ͳ5071
SanDiego(SanDiegoCounty)
x KarlSchwing,DeputyDirector:[email protected],(619)767Ͳ2370 x DianaLilly,DistrictManager:[email protected],(619)767Ͳ2370 x KananiLeslie,DistrictManager:[email protected],(619)767Ͳ2370
Council Agenda 6-20-2023 9.H-12
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Attachment A: Sample Resolution6
WHEREAS,theBudgetActof2021providesupto$31milliontosupporttheCoastal Commission’sLCPLocalAssistanceGrantProgramwhichawardsgrantstolocalgovernmentsto supportcoastalresiliencyandupdatestoLocalCoastalPrograms(LCPs);and
WHEREAS,theCaliforniaCoastalCommission,undertheauthorityoftheCaliforniaCoastalAct, mayprovidefinancialassistancetosupportcoastalplanningandhasapprovedagrantprogram toprovidesuchfinancialassistanceforLCPplanning;and
WHEREAS,thegoalofthegrantprogramistodevelopneworupdatedLCPsinconformance withtheCaliforniaCoastalActandtopromotecoastalresiliencyandaddresstheeffectsof climatechange;and
WHEREAS,grantproposalssubmittedunderthisgrantprogrammustcompleteLocalCoastal Program(LCP)planningworkwithspecialemphasisoncoastalresiliencyandaddressingthe effectsofclimatechangeandseaͲlevelrise;and
WHEREAS,(insertnameofjurisdiction),has[doesnotyethave]aneffectivelycertifiedLCP[or LCPsegment];and
WHEREAS,the(nameofjurisdiction),desirestopursueaprojectthatwouldresultinthe completionandsubmittalforcertificationbytheCaliforniaCoastalCommissionofan AmendmenttotheLCP[inwholeorinpart];and
[Foruncertifiedareas]WHEREAS,the(nameofjurisdiction),desirestopursueaprojectthat wouldresultinthecompletionandsubmittalforcertificationbytheCaliforniaCoastal CommissionofanLCPanddesirestoassumepermitissuingauthority;and
WHEREAS,the(nameofjurisdiction)commitstoandagreestofullysupportaplanningeffort intendedto[completeor]amendacertifiedLCPpursuanttotheprovisionsoftheCalifornia CoastalAct,withfullpublicparticipationandcoordinationwiththeCoastalCommissionstaff.
NOW,THEREFORE,BEITRESOLVED,thatthe[nameoflegislativeorpolicybody],ofthe[name ofjurisdiction],hereby:
1. Directs[nameofjurisdiction]stafftosubmitthegrantapplicationpackageattached heretoasAttachment1totheCaliforniaCoastalCommissiontoprovidefinancialand planningassistance,underauthorityoftheCaliforniaCoastalAct,intheamountof $___________tofundtheprojectmoreparticularlydescribedinthegrantapplication package.
6Thissampleisprovidedforinformationalpurposesonly;pleasecontactyourattorneybeforeusingthissample. Council Agenda 6-20-2023 9.H-13
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2. Authorizesthe(titleofofficial),ofthe(nameofjurisdiction),toexecute,inthenameof the(nameofjurisdiction),allnecessaryapplications,contractsandagreementsand amendmentstheretotoimplementandcarryoutthegrantapplicationpackage attachedheretoandanyprojectapprovedthroughapprovalofthegrantapplication.
PASSEDANDADOPTEDbythe(nameoflegislativeorpolicybody),ofthe(nameofjurisdiction), onthis____dayof_______________,2021onthefollowingvote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest:
_____________________________________
Signed:
____________________________________
(nameandtitleofofficialauthorizedtosignresolutionsofthegoverningbody)
Council Agenda 6-20-2023 9.H-14
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Attachment B: Application Checklist
AcompleteGrantApplicationPacketincludesthefollowingcomponents.Pleasesubmitall documentsinasinglePDFfileaswellasaWordDocumentoftheProjectProposaldetails,as notedbelow.ItisveryimportanttoreceivethePDFfileandaWorddocumentforefficiency inpreparinggrantagreementdocuments.Thankyouforyourattentiontotheseimportant componentsoftheapplication.
SignedLCPGrantApplicationForm(.pdf)
ProjectProposal(.docx)
o ProjectDescription,TaskDescriptions,Schedule,Budget,and SupplementalInformation
SignedResolution(.pdf)
AlldocumentscombinedintoasinglePDFfile(.pdf)
Council Agenda 6-20-2023 9.H-15
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Attachment C: Program Priorities and Evaluation Criteria ApplicationsforLCPlocalassistanceplanninggrantswillbeevaluatedfortheirabilityto completetheproposedplanningwork.Projectsselectedforfundingwillbethosethatbest meettheCommission’sadoptedprogramprioritiesandevaluationcriteria,whichwereupdated attheOctober2021hearingtoreflectcurrentplanningneeds.7
EligibleGranteesandProjects
Thesegrantsareintendedtoprovideassistancetolocalgovernmentsresponsiblefor developingandamendingLocalCoastalPrograms,andsuchlocalgovernmentsmustbethe primaryapplicantandgrantee.Coastaljurisdictionsmayalsopartnertogetherinsupportof regionalplanningeffortsand/orgrantfundsmaybeusedtosupportrelevantstakeholder groupstoachievespecificprojectgoals.Localgovernmentsareeligibletoapplyforprojects thatwerenotpreviouslyfunded.
Eligibleprojectsarethosethataredesignedtoassistlocalgovernmentsinassessingimpacts andplanningforcoastalresiliency,includingadaptingtotheimpactsofclimatechangeandsea levelrise,andwhichcontainanLCPplanningcomponent.Grantfundsmaybeusedfor technical,economic,policy,andotheranalyses,feasibilitystudies,vulnerabilityassessments, adaptationplans,outreachandcoordinationefforts,andactivitiesrelatedtoLCPadoptionand submittal.LCPplanningcomponentsmayincludedevelopmentofanewLCP,acomprehensive LCPupdate,anLCPamendment(e.g.,updatestocoastalhazardspolicies;incorporationofnew sealevelriserelatedpoliciesorprograms),targetedLCPchanges(e.g.,changestoLCP policies/zoningtoallowforimplementationofidentifiedsealevelriseadaptationstrategiesor climateresiliencyprojects;updatestopreviouslyadoptedSLRpoliciesinresponsetocontinued planning),orsimilaractivitiesundertakenthroughaPublicWorksPlan(PWP)process. Moreinformationoneligibleprojecttypesisprovidedintheprogramprioritiesandevaluation criteriasectionsbelow.Additionaldetails,includingprojectexamples,maybeprovidedin forthcominggrantapplicationannouncements.
ProgramPriorities
Applicationswillbeevaluatedfortheirabilitytoadvancecoastalresiliencyeffortsinthe contextofLCPplanning.Thismayinclude:
x Completionoftechnical,economic,policy,orotheranalysesmeanttoassistin understanding,planningfor,andadaptingtoclimatechangeandsealevelrise,and increasingcoastalresiliency,includingbutnotlimitedtogeneralvulnerability assessments,studiestoevaluateimpactsbasedonevolvingscience(e.g.,extremesea
7See:RecommendedUpdatestotheLCPLocalAssistanceGrantProgram,adoptedOctober15,2021.Notethatthe programprioritiesandevaluationcriteriaremainunchanged,thoughtheapplicationprocesseshavebeen periodicallyrevisedtobettermeetgrantprogramandlocalgovernmentneeds. Council Agenda 6-20-2023 9.H-16
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levelrise,groundwaterchange),feasibilityanddesignstudiesfornatureͲbased adaptationorotherspecificstrategies,anddevelopmentofmonitoringprograms x Planningworkand/orrelatedstudiestosupportdevelopmentofregional, neighborhood,site,orassetspecificadaptationapproaches,includingphased adaptation/adaptationpathways,suchasforaShorelineManagementPlan,aCoastal HazardsResponsePlanasrequiredbyaCoastalDevelopmentPermit,orsimilar x Planningworkand/orfocusedoutreacheffortstoincreasepublicawarenessand participationinclimatechangeandsealevelriseplanningactivities,particularlyamong vulnerablecommunities
x Planningworktoaddressenvironmentaljusticeconcerns,particularlyrelatedtoclimate changeandsealevelriseplanningactivities,andtoensureequitableprotectionof coastalresourcesandprovisionofpubliccoastalaccessandlowerͲcostrecreationfor everyone,regardlessofrace,ethnicity,socioͲeconomicstatus,orplaceofresidence x Completionoflanduseplanand/orzoningworktoachievecertificationofanewLocal CoastalProgram(oranAreaofDeferredCertification)orplanningand/orzoningwork tosignificantlyupdatecertifiedLCPs(orLCPsegments)inwholeorinparttoprovidefor coastalresiliency,ortoreflectchangedconditions,newinformationandscientific knowledge,newprogramsandpolicies,orothersignificantchangedcircumstances
EvaluationCriteria
Staffwillevaluategrantapplicationsagainstthefollowingselectioncriteria.Thecriteriawillbe consideredasawhole,notweighted.
PublicBenefit/Significance
TheCommissionwillconsidertheextenttowhichtheproposedprojectwilladdressissuesof statewidesignificanceandmaximizepublicbenefitsofthecoast.Thesecanincludereducing greenhousegasesandaddressingtheimpactsofclimatechangeandsealevelrise;preserving andenhancingcoastalhabitat;protecting,providingandenhancingpublicaccess;protecting prioritylandusessuchasagriculture,coastaldependentdevelopment,orrecreation;protecting andprovidinglowercostvisitorandrecreationalopportunities.TheCommissionwillconsider theextenttowhichpriorityCoastalActresourcesareaddressedandthepublicbenefits maximized.
EnvironmentalJustice
In2016,theLegislaturepassedAB2616givingtheCoastalCommissionexplicitauthorityto considerenvironmentaljustice,definedinCaliforniaGovernmentCodeSection65040.12(e),as updatedin2020,as:“Thefairtreatmentandmeaningfulengagementofpeopleofallraces, cultures,incomes,andnationaloriginswithrespecttothedevelopment,adoption, implementationandenforcementofenvironmentallaws,regulations,andpolicies.”LowͲ incomecommunities,indigenouscommunities,communitiesofcolor,andothermarginalized Council Agenda 6-20-2023 9.H-17
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communitiesoftenbearadisproportionateburdenofpollutionorotherenvironmentalharms, whilesufferingfromalackofenvironmentalservices,suchascleandrinkingwater,cleanair, andaccesstoparksandopenspace.Addressingthesetypesofdisparitiesandbarriersto meaningfulinvolvementiscriticalforensuringthatCoastalActgoalsofprotectingcoastal resourcesforallareequitablyfulfilled,particularlyasclimatechangeresultsinevolvingrisks, withoutcreatingneworcontinuingtoexacerbateexistingenvironmentalburdensin environmentaljusticecommunities.TheCoastalCommissionwillconsidertheextenttowhich environmentaljusticeissuesareaddressedwhenevaluatinggrantproposals.
AddressingtheEffectsofClimateChange
ClimatechangeisoneofthemostsignificantpolicyareastoemergesincemanyoftheLCPs havebeencertified.TheCommissionisseekingLCPupdatesandamendmentsthataddressthe effectsofclimatechange,includinglanduse,housing,transportation,andhabitatrestoration andconservationpoliciesthatfacilitatereductionsingreenhousegasesandvehiclemiles traveled,aswellastheplanningandimplementationofstrategiestoadapttosealevelriseand otherissueareasaffectedbyclimatechange,suchaschangesinhabitatsandfirehazards.
RelativeNeedforLCPUpdate
Relatedtothepublicbenefitsofaproposal,theCommissionwillconsidertherelativeneedfor anLCPupdate,consideringthelengthoftimesinceanLCPorLCPsegmenthasbeenupdated andthesignificanceoftheissuesproposedtobeupdated.Forexample,manyjurisdictionsseek toassessvulnerabilityanddevelopadaptationsolutionstoaddresssealevelrise,fire,orother climatechangeimpactstocriticalinfrastructure,residentialareas,recreationalamenitiesand openspace,orsignificantwetlandandhabitatareas.Othershaveidentifiedneedstoreduce vehiclemilestraveled,encouragesmartgrowth,increaseclimateͲresilienthousingsupply, improvepublictransit,andenhancepedestrianandbicycleoptions,particularlytoandalong thecoast.Aproposaltocompletetechnicalstudies,economicanalyses,mapping,public outreach,anddevelopmentofLCPpoliciesinsupportoftheseoptionsmaybeimportant.
LikelihoodofSuccess/Effectiveness
Overall,thesuccessoftheCommission’sgrantprogramwillbemeasuredbytheprogressmade towarddevelopmentandimplementationofclimateresiliencestrategies,includingthroughLCP certification,update,oramendment.TheCommissionwillconsiderthelikelihoodofsuccessof eachproposal,includingevaluatingthepracticality,feasibility,andeffectivenessofaproposed workprogramthatmayleadtosuccessfulimplementation.Proposalsmustaddresstheneed forcoordinationwiththepublicandtheCommission,andprovideforpracticablebenchmarks fordevelopmentandreviewofstudies,plans,LCPpolicies,andotherprojectͲspecific deliverables.
Otherevidenceinsupportofthiscriteriamayincluderesolutionsofintentandendorsementfor theproposedworkfromthejurisdictionandotherorganizations,matchingfunds,orother complementaryefforts(seebelow),orotherfactorsthatmayaffectthelikelihoodthatanLCP amendmentwillbesuccessfullycompleted.ApplicantswillbeaskedtodescribeanyLCP Council Agenda 6-20-2023 9.H-18
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planningworkthathasbeeninitiatedorisalreadyunderwayatthelocallevelandhowthis grantprogramisneededtosubstantiallyfurtherthateffort.Aresolutionfromtheapplicant committingtocompletinganLCPAmendmentsubmittaltotheCommissionwillberequiredas partoftheapplication.
FornewLCPdevelopment,thelocalgovernmentshoulddemonstrateitswillingnessand capacitytoassumelocalcoastaldevelopmentpermitprocessing.Relatedly,someareasofthe coastalzoneremainuncertifiedbecausetheCommissionandlocalgovernmenthavebeen unabletoreachagreementontheresolutionofissuesortheissueisparticularlyintractable. TheCommissionwillconsiderthelikelihoodthatsuchareasandspecificpolicyquestionscanbe successfullyaddressed,leadingtocertificationofthearea.
ProjectIntegration/Leverage/MatchingFunds
TheCommissionwillconsidertherelationshipoftheLCPworkprogramtootherplanningwork beingundertakenbythejurisdiction.Thereareseveralstatewidegrantprogramsunderway whichmaypositivelyintegratewiththisLCPPlanningGrantprogram.Applicantswillbeasked todescribeanyotherrelatedgrantawards(suchasthroughpastCoastalCommissiongrant rounds,orfromtheOceanProtectionCouncil,CoastalConservancy,Caltrans,ortheStrategic GrowthCouncil)thatmaysupporttheLCPplanningwork.TheCommissionwillconsiderthe abilitytointegrateandleverageanyadditionalprogramfundsavailablethatcouldhelpsupport LCPcertification,update,oramendment.
Council Agenda 6-20-2023 9.H-19
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #11.A
SUBJECT/TITLE:
PROTEST HEARING FOR DECLARATION OF PROPERTIES AS NON-COMPLIANT
FOR WEED AND RUBBISH ABATEMENT
RECOMMENDATION:
Conduct a public hearing to hear protests from property owners whose properties have been identified as non-compliant for weed abatement.
BACKGROUND:
During the last week of April 2023, all private properties within the city of Pismo Beach were inspected for compliance with the City’s weed abatement ordinance (Ord. 96-05; Pismo Beach Municipal Code Chapter 8.32). Those properties deemed not in compliance were identified, sent a “notice” (Attachment 1), and instructed to come into compliance by June 1, 2023. Property owners were given an extension because of the need to mow later due to the prolonged and unusual amount of rain. At the April 18, 2023 City Council meeting, these properties were declared a nuisance by Resolution R-2023-028 (Attachment 2). This protest hearing scheduled for the June 20, 2023 Council meeting is to allow affected property owners to protest the “noticing” of their property for non- compliance. If a property owner comes forward and gives a valid reason for removing their name from the list of non-compliant lots, Fire staff will re-inspect the lot in question and remove the name from the non-compliant list if the name was placed in error.
Attachment 3 is a list of properties deemed non-compliant as of April 29, 2023 field inspections. The list is sorted by Assessor’s Parcel Number (APN) and indicates the current owners. Property owners that have abated their nuisances by June 1, 2023 will be removed from the list. The list may be modified if additional lots needing weed abatement are identified. For properties that are not cleared by June 1, a City contractor will complete the work for them and the property will be assessed for the cost. The City Council will then conduct a hearing on August 1, 2023 to allow property owners to protest the assessment of their properties for weed abatement charges.
FISCAL IMPACT:
Costs associated with the annual weed abatement program are included in the City's existing Weed Abatement fund.
ALTERNATIVES:
1. Provide additional direction to staff.
ATTACHMENTS:
1. Letter to property owners
2. Resolution R-2023-028
3. List of lots identified
11.A-1Council Agenda 6-20-2023
Packet Page 114
Meeting Date: June 20, 2023 Prepared by:
Michelle Pearson, Administrative Assistant
Submitted by: Paul Lee, Battalion Chief
Interim City Manager Approval:
11.A-2Council Agenda 6-20-2023
Packet Page 115
May 24, 2023
RE: 2023 Weed Abatement Program
Assessor’s Parcel Number (APN): 010-043-012
Property Owner: XXXXXXXXXXXX
CAL FIRE/Pismo Beach is conducting their annual weed abatement inspections. For those residents who receive water bills, you have already received a reminder to abate your lots of weeds by June 1st. The property associated with APN: xxx-xxx-xxx was identified as needing weed abatement. Property Owners are responsible to keep their property clear of weeds and trash that could be constituted as a fire hazard or public nuisance as per City of Pismo Beach Municipal Code Section 8.32. The County of San Luis Obispo Assessor’s Office has indicated you are the current owner of the property. Please notify our office if you are no longer the owner of the property.
The property at XXXX XXXXXXX was inspected and the following work must be done to your lot: Please mow and remove annual grasses and weeds from property. We realize this year has provided large amounts of rain and late rain that makes clearing empty or larger lots more difficult as the ground has not had time to properly dry out.
For that reason, we are allowing extra time until June 20th for clearing your lots and if you need additional time, please contact our office. This letter serves as notification that the property must be cleared of all flammable vegetation and trash by June 20, 2023. Lots not cleared by June 20th will be cleared by a city contractor with the cost of this service assessed to your property tax bill. Charges will be based on lot size, difficulty, type and density of vegetation, equipment used and the amount of material that has to be hauled from the property. In addition, the City will place a 100% administrative charge on the contractor’s fees to cover any City expense incurred. In all cases the minimum charge will be $210.00. If you need additional time, please let us know.
There will be a Public Hearing to receive any protests concerning the posting of properties in Pismo Beach that are non-compliant with the 2023 Weed Abatement Program on Tuesday June 20, 2023 no earlier than 6:00 p.m. You have a right to comment on these projects and their effect on our community. Interested persons are invited to participate in the hearing or otherwise express their views and opinions regarding the proposed projects. Emailed comments may be submitted to [email protected]; staff cannot guarantee that emailed comments submitted after the start of the meeting will be given full consideration before action is taken. Written comments may be delivered or mailed to the City Clerk’s Office at 760 Mattie Road, Pismo Beach, CA 93449, prior to the meeting, or hand-delivered during the meeting no later than the comment period for this item. Oral comment may be provided prior to the meeting by calling 805-773-7005 and leaving a voice message. Please state and spell your name, and identify your item of interest. Oral comment may also be made during the meeting, either by joining the virtual meeting using the link provided on the agenda document, or by attending the meeting in person in the Council Chamber at City Hall. Please refer to the agenda for this meeting for specific instructions for participation.
If you have cleared your lot prior to receiving this letter, please be aware you are required to maintain the clearance throughout the fire season.
John Owens, Unit Chief
Attachment 1
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2 Should you have any questions regarding weed abatement please contact the Fire Department at (805) 773-7031.
Sincerely,
Dennis Byrnes
Fire Captain/Inspector
CAL FIRE/Pismo Beach
Attachment 1
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Attachment 2
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2023 Weed Abatement Program First Round Lots Identified
APN OWNER
010-043-012 BARCELONA POINT LLC A CA LLC
010-232-014 PURICELLI ROBIN N
010-082-014 RICHARD LOUGHEAD INC A CA CORP
005-284-033 BLENDERMAN MARY
005-392-013 BISHOP FAMILY TRUST
005-386-057 PISMO DEVELOPMENT GROUP LLC
005-271-004 PISMO MEDICAL LLC A LLC
005-031-054 LORD WILLIAM J JR
010-082-010 EP HOMEOWNERS ASSOCIATION INC
005-236-019 ROSS D CLAIR
005-014-007 ZANETTI LORIN E
010-082-011 EP HOMEOWNERS ASSOCIATION INC
005-271-031 UNION PACIFIC RAILROAD CO
005-403-025 LUIZ MANUEL W JR
010-562-010 THAURE-MCCLOSKEY FAMILY TRUST
005-235-024 RINGER-BRITZ BERNARD
005-287-017 BLUETT BRENT R
005-062-004 SHELL 1 LLC
005-395-002 829 OAK PARK ROAD LLC
010-152-033 MARKIEWICZ FAMILY 2008 TRUST
005-401-013 MILLER MARGARET L SURVIVORS TRUST
005-403-044 FUHS FAMILY REVOCABLE TRUST
010-333-006 NEUMANN JEAN INTER VIVOS TRUST
005-285-018 LAND OF MILK & HONEY TRUST
005-032-007 BAKER REVOCABLE FAMILY TRUST-EXEMPTION TRUST(TR 1) 005-393-009 ALLGAIER AMY K
005-026-003 MAGUIRE REVOCABLE TRUST
005-396-025 TABORGA ERIC
005-223-013 BUCKEY JEFFREY M & ALISSA M FAMILY TRUST
010-521-012 COMBS AILEEN LIVING TRUST
005-041-021 LUCIA MAR UNIFIED SCHOOL DIST
010-562-023 TEVELDE LOMA LINDA RANCHES LP A CA LP
010-343-014 LOVELESS JACK L & MARIA L REVOCABLE LIVING TRUST 010-283-008 MW INVESTMENT PARTNERS LLC A CA LLC
005-284-035 RICHARDSON BRIAN D
010-292-009 RAYMOND JACK D
005-398-042 SUSHIL CAPITAL LLC A CA LLC
005-381-029 SCHUH FAMILY TRUST
010-242-018 SATNAT J & J 2018 REVOCABLE TRUST
005-285-023 BRODERSON A PETER
005-381-088 YODER FAMILY TRUST
005-261-001 PISMO SHORE CLIFF INC A CA CORP
Attachment 3
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2023 Weed Abatement Program First Round Lots Identified 005-221-044 OLAH GEORGE JR LIVING TRUST
005-011-015 KOLB FAMILY TRUST
005-023-019 MICKLUS JESSICA M
010-143-042 BARKER BRENDA
005-291-017 PARSONS FAMILY TRUST
010-562-022 SPARKS GLEN
010-044-036 SPYGLASS RIDGE HOMEOWNERS ASSOC A CA CORP
010-562-015 KAZAK MICHAEL K FAMILY TRUST
005-032-080 FUNG JUNE 2014 TRUST
005-311-001 OHARA TIMOTHY W
005-392-029 LESUER CHRYSTAL N
005-288-026 VANGERWEN CYNTHIA
005-032-009 HERMITTE FAMILY LTD PTP A CA LTD PTP
010-184-008 GEIHS CARY L REVOCABLE LIVING TRUST
010-041-044 CLIFFS RESORT LLC A CA LLC
005-064-012 SHELL 1 LLC
010-073-027 HOLMES THOMAS H & MARIO ROCHA JOINT REVOCABLE TR 010-331-003 SCHMITT M & H LIVING TRUST
005-286-021 JONES JAMES R
010-143-041 HANDLEY KIMBERLY W
005-395-015 NATIONAL RETAIL PROPERTIES LP A DE LTD PTP
005-031-045 HOWARD PAUL G & ALIDA K SAMUELS FAMILY TRUST 005-064-003 SHELL 1 LLC
010-312-035 MONTGOMERY JOSEPH & MOLLY 2006 TRUST
005-213-026 FRYER FAMILY TRUST
005-285-021 MAULE DON
005-022-035 BLACK CARL E
005-036-025 COTTA BARBARA
010-144-025 MCNEAL F & S TRUST (TR 6)
010-292-008 MACIE MARIAN S
005-034-019 DELINE JOYCE
005-171-033 CORE TIDES LLC A CA LLC
005-392-012 BILLINGS TR
010-521-051 SILVEIRA JOSEPH & MARY LIVING TRUST
005-222-015 BLACK BENJAMIN R
010-043-011 BARCELONA POINT LLC A CA LLC
005-283-034 ROBERTS RITA REVOCABLE INTERVIVOS TRUST
005-224-011 BOZZANO LINO R
005-401-007 FOSTER WILLIAM E REVOCABLE TRUST
005-071-018 FRAYSIER GRANT & MARGUERITA FAMILY TRUST
005-062-003 SHELL 1 LLC
005-053-001 KIM YONG K & OK N 2005 REVOCABLE TRUST
005-121-051 HEARN FAMILY TRUST
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2023 Weed Abatement Program First Round Lots Identified 005-284-026 CONRAD MICHAEL C
005-271-025 KINGFISHER CANYON DEVELOPMENT COMPANY A CA GEN PTP
010-243-029 BOSSELOO FERNANDO LIVING TRUST
010-562-018 HILL HERBERT A
005-017-014 COTTINGHAM JAMES L
005-381-047 WHITESIDE MARY L
010-562-001 NETTO FAMILY LIVING TRUST
005-052-002 ARREDONDO VENTURES INC A CA CORP
005-036-026 COTTA DANIEL N BYPASS TRUST (TR 1)
005-284-032 QUAN ERIC R
010-501-001 CERVENY FLORENCE M
005-213-001 MCREYNOLDS COLE
005-012-023 LARSEN PENELOPE L
005-121-005 HEARN FAMILY TRUST
005-064-002 SHELL 1 LLC
005-286-001 ELAGHANDOUR ELTAHRY
005-211-002 PRASTUY PIRUZ H
005-402-034 FISCHRIDGE FAMILY TRUST
005-085-001 FINEGAN GARY
010-562-011 DIBUDUO AJ & LINDA J 2000 TR-NONEXP MARITAL DED TR 010-291-044 HOWES KATHERINE S
005-161-042 JCH FAMILY LIMITED PARTNERSHIP A CA LP
010-141-034 FISHER FAMILY TRUST
005-391-060 UNITED STATES POSTAL SERVICE
005-271-030 KINGFISHER CANYON DEVELOPMENT COMPANY A CA GEN PTP
005-031-048 SHAFFER LANE LLC A CA LLC
005-381-004 SAKAMOTO TERUKO IRREVOCABLE TR (TR 1)
010-142-032 CHING-ORIAN DARLENE M
005-031-049 SHAFFER LANE LLC A CA LLC
010-043-015 BARCELONA VIEW ESTATES INC A CA NONPRF MUT BEN INC 005-014-003 HEARN FAMILY TRUST
010-241-057 WAHL ERIC & LEONA FAMILY TRUST
005-282-005 GRAY MICHAEL W
010-043-014 BARCELONA POINT LLC A CA LLC
010-335-008 OLSON FAMILY TRUST
005-101-026 MACMILLAN FAMILY TRUST
005-289-020 HARDESTY DANIEL R
005-233-001 KEY CRISTINA
005-291-022 SALUCCI HOLDINGS LLC A CA LLC
010-562-012 8 ESTATES LLC A CA LLC
005-283-020 BAMBAS JAMES T
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2023 Weed Abatement Program First Round Lots Identified 005-283-037 YAMAMOTO HIROMI
010-181-013 VILLA LAZARO L
005-221-029 KING 2021 LIVING TRUST
010-045-003 HUEBNER SHERRY
010-311-013 DIXON FAMILY TRUST - BYPASS TRUST
005-032-048 GAMBLE WILLIAM K
010-233-028 COOPER BRUCE J FAMILY TRUST
005-395-014 DUNN & SCHURICK REVOCABLE LIVING TRUST (TR 1) 010-142-033 BUSCH REVOCABLE TRUST 1994 (TR 1)
005-242-065 PRIME OUTLETS AT PISMO BEACH LLC A DE LLC
010-155-069 MOAZZAMI SARA PRIVATE ANNUITY TRUST
005-011-033 LOWE MICHAEL P
005-015-014 COLE AMOS S
005-086-014 YOUNG ROBERT S & ISABELLA M TRUST
010-045-063 SMALL KEVIN & TUESDY FAMILY TRUST
005-401-027 EISENGART BRUCE & A JOETTE LIVING TRUST (TR 2) 005-031-030 HEARN FAMILY TRUST
010-562-009 SHELL BEACH DREAM HOME LLC
005-394-050 SZE JESSICA C (AKA 2)
010-261-037 BLAKEMAN KIRSTEN 2013 LIVING TRUST
010-082-001 BIANCO PATRICIA A 1999 REVOCABLE LIVING TRUST 005-397-049 PISMO BEACH SEAVIEW ESTATES HOMEOWNERS
ASSOCIATION
010-043-013 BARCELONA POINT LLC A CA LLC
005-283-033 NICHOLS FAMILY TRUST (SURVIVORS)
010-043-003 BARCELONA POINT LLC A CA LLC
005-291-018 PARSONS FAMILY TRUST
005-221-037 SIMKO LEONARD
005-385-046 JUCK LIVING TRUST
010-242-017 MOOSA RYAN D
005-101-032 SIMOES-CROOK THERESA A
005-026-006 TEUNISSEN LYLE
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #11.B
SUBJECT/TITLE:
APPEAL OF THE PLANNING COMMISSION DENIAL OF PROJECT NO. P22-000004,
A REQUEST FOR A COASTAL DEVELOPMENT PERMIT AND VARIANCE TO
DEVELOP A RAINWATER COLLECTION AND RETENTION SYSTEM FOR AN EXISTING RESIDENCE. LOCATION – 3990 SHELL BEACH ROAD. THE PROJECT IS
WITHIN THE COASTAL ZONE AND IS NOT APPEALABLE TO THE COASTAL COMMISSION.
RECOMMENDATION:
Adopt a Resolution denying the appeal and upholding the Planning Commission denial of Project No. P22-000004 and making a determination of exemption under CEQA.
Location – 3990 Shell Beach Road. APN 010-154-037.
EXECUTIVE SUMMARY:
On April 25, 2023, the Planning Commission denied Project No. P22-000004, a request for a Coastal Development Permit and Variance to develop a rainwater collection and retention system for an existing residence at 3990 Shell Beach Road. The property owner and applicant filed a timely appeal of the Planning Commission’s decision, and the appeal is now being brought before the City Council for consideration. Staff recommends the City Council deny the appeal and uphold the Planning Commission’s denial of the project due to the project being inconsistent with the General Plan and Zoning Code.
BACKGROUND:
The project site is an approximately 2.5-acre lot, located at 3990 Shell Beach Road, within the Sunset Palisades (A-2) Planning Area, and the Open Space-Natural Resources Protection Zone (OS-1, 1983 Coastal Zoning Code). The project site is also within the Archaeologically Sensitive Overlay, Height Limitations (HL-3) Overlay, Noise Overlay, Open Space Overlay, and View Considerations Overlay.
The purpose of the OS-1 Zone is to implement the intent and recommendations and requirements of the environmental issues section of the General Plan/Local Coastal Program (GP/LCP) Land Use Plan and to protect the city's natural resources, as identified in the GP/LCP Land Use Plan. This is primarily accomplished through the use of open space and minimizing structural improvements in these areas.
In accordance with Section 17.051.020 of the 1983 Zoning Code, if a property owner demonstrates to the City's satisfaction that the non-structural open space uses do not permit a feasible and beneficial use of the property, a Conditional Use Permit can be sought for the development of one residential unit. In such cases, specific regulations relating to minimizing structural improvements on a lot would apply, such as:
Maximum allowable residential development (lot coverage) – Residential uses (including buildings, parking, landscaping, gardening, outdoor living, and other
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uses) shall not exceed 60% of the lot or 5,000 square feet, whichever is less. (GP/LCP Policy LU-A-8 and 1983 Zoning Code Section 17.051.030) Maximum allowable residential unit size – The residential unit size shall not exceed 60% of the lot area or 2,000 square feet, whichever is less. (1983 Zoning Code Section 17.051.030)
Maximum allowable structure height – The height of any structure shall not exceed 15 feet above natural grade and no portion of any structure shall obscure the view of the ocean downward from the level of the freeway sight position. (1983 Zoning Code Section 17.051.030)
Required open space easement recordation – A permanent open space easement shall be recorded over any portion not occupied by a structure, driveway, or residential living area. (1983 Zoning Code Section 17.051.030) Existing Development
On October 14, 2003, the Planning Commission approved a Coastal Development Permit (CDP), Conditional Use Permit (CUP), and Variance for the development of a new 6,384- square-foot single-family residence with related improvements on the project site (Attachment 2).
The Variance request was to allow the residential unit to greatly exceed the 2,000-square- foot limit on residential unit size and 15-foot height limit. The Planning Commission supported the Variance request because the applicant was able to demonstrate that the development requirements severely limited the development potential of the lot, when compared to other lots in the surrounding planning areas under similar situations.
While the previous property owner had installed landscaping (which is considered development in the OS-1 Zone) without permits, the Planning Commission eliminated a condition of approval that would have required the previous property owner to remove the then-existing landscaping because it exceeded the 5,000-square-foot limit on residential development on the lot. At the time, it was unclear what the total square footage of improved landscape area was. This action recognizing the then-status quo should not be interpreted to mean that landscaping would never thereafter be considered in determining the maximum allowable development in future projects. Furthermore, the Planning Commission required the previous property owner to maintain all plantings at a height that does not exceed the high point of the roof. It is not clear that this condition has been complied with as there are currently several large trees on the property.
Subsequent to the approval of the residential project, the previous property owner made additional unauthorized improvements to the lot while refusing to record the required open space easement. Litigation ensued and, as part of the settlement of the case (Attachment 3), the property owner recorded an open space easement over the portions of the lot that were, at that time, not otherwise developed. Also, as part of the settlement, the City agreed that it would not require the then-existing “development” to be removed.
The recorded open space easement covered a significantly smaller portion of the lot than would have been covered by the originally required open space easement. Put another
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way, the previous property owner received the benefit of developing a significantly larger portion of the lot than would have been allowed under the OS-1 zoning.
Since development within the open space easement is prohibited, the recordation of the open space easement essentially created an approximately 27,000-square-foot envelope (square footage estimated by City staff using Google Earth) where allowable development could occur. The open space easement cannot be altered without the approval of the City. Specifically, the open space easement states:
[the property owner] hereby records this open space easement over any portion of said property not occupied by a structure or driveway or other developed areas, as shown on the site plan attached as Exhibit A. This easement cannot be altered without approval of the City of Pismo Beach.
Due to the previously approved Variance and subsequent settlement, however, the existing development within the development envelope already substantially exceeds the maximum allowable lot coverage on the project site. As a result, although such envelope represents areas of the site where allowable development could occur if the lot was bare land, no additional development may occur as development on the site already significantly exceeds the OS-1 development standards. It is therefore expected that over time, any re-development of the property will eventually be brought back into compliance with the original CDP, CUP, and Variance approval.
Project Description (Project No. P22-000004)
Project No. P22-000004 was an application made by the current property owner for a Coastal Development Permit and Variance to develop a rainwater collection and retention system for the existing residence, for landscape irrigation purposes. The proposed project included installing ten new, approximately 5,000-gallon rainwater retention tanks approximately eight feet in diameter and 12 feet in height each, along with a new underground sump that would have utilized an existing 320 linear foot sleeve to convey water to the new tanks. The rainwater retention tanks were proposed to be located on the northeast corner of the project site, directly west and downslope from Highway 101 and within the development envelope noted on the recorded open-space easement.
Planning Commission Decision
The Planning Commission considered Project No. P22-000004, along with public comments and staff analysis, at public hearings held on February 22, 2022; January 10, 2023; January 24, 2023; and April 25, 2023. Staff analysis demonstrated that, while perhaps well-intended, the project is not consistent with the GP/LCP or 1983 Zoning Code, as the existing lot coverage already significantly exceeds the allowable lot coverage by approximately 25,000 square feet and the project would further exacerbate this nonconformity by expanding even further the lot coverage beyond what was permitted through the previously-approved Variance. The staff reports for these Planning
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Commission hearings, including complete project description, staff analysis, and related discussion, can be found in the Access Pismo1 online public records portal.
On April 25, 2023, the Planning Commission adopted Resolution PC-R-2023-013 denying the project (Attachments 4 and 5).
Appeal of Planning Commission Decision
On May 4, 2023, Andrew Grow, the applicant of the denied project (Appellant), filed a timely appeal of the Planning Commission decision (Attachment 6) to deny the requested CDP relating to Project No. P22-000004. The Appellant provided the following statement as the basis for the appeal:
The project is a rainwater collection and retention system for an existing residence.
The Planning Commission erred in denying the project, because it is fully consistent with the General Plan/Local Coastal Program or 1983 Zoning Code, as well as a 2016 court settlement with the City that authorized development in the project area. The project can and should be approved, especially given the environmental benefits associated with the project.
According to the filed appeal and based on the lack of reference to the previously- requested Variance in the Appellant’s statement above, it appears that the Appellant contends that the proposed project is consistent with the GP/LCP, 1983 Zoning Code, and the aforementioned settlement and that the proposed project should be approved without a Variance.
Staff Response and Analysis
As demonstrated in the staff reports for the Planning Commission meetings held on February 22, 2022, and January 10, 2023, the existing development on the project site substantially exceeds the maximum allowable lot coverage specified in the GP/LCP and 1983 Zoning Code. According to the GP/LCP and 1983 Zoning Code, residential uses (including buildings, parking, landscaping, gardening, outdoor living, and other uses) shall not exceed 60% of the lot or 5,000 square feet, whichever is less. This serves as the lot coverage standard for residential uses in the OS-1 Zone. In the case of the project site, 5,000 square feet is the maximum allowable lot coverage.
Due to the previously-approved Variance, the maximum allowable lot coverage was permitted to be exceeded. The existing residential unit is 6,384 square feet, which exceeds the 2,000 square foot limit for OS-1 zoning, and staff estimates that the existing landscaping covers approximately 46,870 square feet, or nearly 10 times what would otherwise be permitted under the OS-1 zoning. However, the previously-approved Variance only permitted the project considered by the Planning Commission at that time.
New development, such as the proposed project, would require new approval(s) and compliance with regulations in place at the time the application for new approvals was 1 Full URL:
https://accesspismo.pismobeach.org/WebLink/Browse.aspx?id=18962&dbid=0&repo=Laserfiche
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deemed complete. And nothing in the settlement agreement or the subsequent open space easement provided that additional development would be permitted as a matter of right within the area not covered by the open space easement.
The denied project would cause the project site to deviate further from the purpose of the OS-1 Zone by expanding the lot coverage beyond what was permitted through the previously approved Variance, and therefore, is not consistent with the GP/LCP and 1983 Zoning Code. Furthermore, since the scope of the settlement was specific to the project at the time and the denied project would be new development beyond the scope of the settlement, the denied project is not covered by the settlement agreement. Lastly, although the denied project is well-intended and may contribute from a water resource standpoint, consistency with applicable policies and compliance with applicable regulations must be achieved for the denied project to be further considered for approval.
Approval of a Variance would be necessary to allow new development on the project site to further exceed the limitations established by the GP/LCP and 1983 Zoning Code. Since the Variance was not part of the appeal, approval of the project cannot be granted.
Environmental Determination
In accordance with the California Environmental Quality Act (CEQA), it has been determined that the project is exempt pursuant to Section 15061(b)(4) of the CEQA Guidelines regarding projects rejected or disapproved by public agencies, and a Notice of Exemption (Attachment 7) has been issued for the project.
Conclusion and Recommendation
The proposed project is not consistent with the GP/LCP, the scope of the previous litigation settlement does not cover the proposed project, and the potential environmental benefits of the proposed project alone do not justify approval of the previously denied project. Therefore, staff recommends that the City Council adopt a Resolution (Attachment 1) denying the appeal and upholding the Planning Commission decision on April 25, 2023, to deny Project No. P22-000004, a request for a Coastal Development Permit and Variance to develop a rainwater collection and retention system for an existing residence; and making a determination of exemption under the California Environmental Quality Act.
FISCAL IMPACT:
There is no direct fiscal impact as a result of staff’s recommendation.
ALTERNATIVES:
1. Do not adopt the Resolution; uphold the appeal, overturn the Planning Commission denial, and direct staff to return with a new Resolution with appropriate findings for approval of the project.
2. Provide other direction to staff.
ATTACHMENTS:
1. Resolution denying the appeal
2. 2003 Planning Commission Resolution
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3. Settlement Agreement
4. Planning Commission Resolution PC-R-2023-013
5. Minutes of the April 25, 2023, Planning Commission Meeting
6. Appeal of Planning Commission Decision Filed by Andrew Grow
7. Notice of Exemption
Prepared by: Cory Hanh, Planning Manager Meeting Date: June 20, 2023 Submitted by: Matthew Downing, Community Development Director Interim 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 DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION DENIAL OF PROJECT NO. P22-000004 AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA. LOCATION – 3990 SHELL BEACH ROAD. APN 010-154-037
WHEREAS, Andrew Grow submitted an application (Project No. P22-000004) for a Coastal Development Permit and Variance to develop a rainwater collection and retention system for an existing single-family residence; and
WHEREAS, the Planning Commission held duly-noticed public hearings for Project No.
P22-000004 on February 22, 2022; January 10, 2023; January 24, 2023; and April 25, 2023, at which all interested persons were given the opportunity to provide public comment; and
WHEREAS, on April 25, 2023, the Planning Commission, following consideration of public testimony, applicant testimony, and staff analysis, adopted a Resolution denying, without prejudice, Project No. P22-000004; and
WHEREAS, on May 4, 2023, Andrew Grow (Appellant) filed a timely appeal of the Planning Commission decision to deny the Coastal Development Permit request associated with Project No. P22-000004; and
WHEREAS, the City Council held a duly-noticed public hearing on June 20, 2023, at which all interested persons were given the opportunity to provide public comment; and WHEREAS, the City Council finds, after due study, deliberation, and public hearing, that the following circumstances exist:
A. FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
1. The project is exempt pursuant to Section 15061(b)(4) of the CEQA Guidelines regarding projects rejected or disapproved by public agencies.
B. FINDINGS FOR DENIAL OF THE COASTAL DEVELOPMENT PERMIT
1. The proposed project is inconsistent with the General Plan and Local Coastal Program (GP/LCP) because the proposed development would exceed the development limitations established by the General Plan/Local Coastal Program (GP/LCP) Policy LU-A-8.
Attachment 1
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2. The proposed project does not satisfy the applicable provisions of the Pismo Beach Municipal Code (1983 Zoning Code) because it would add additional development beyond what is allowed by Section 17.051.030.B.1. According to this section, total development within the OS-1 Zoning District is limited to the lesser of 60 percent of the lot area, or 5,000 square feet of the lot area. Based on staff’s estimate of the developed lot coverage at the current time, which is in excess of 25,000 square-feet, the proposed project would expand the lot coverage beyond that previously undertaken and beyond what is allowable under Section 17.051.030.B.1.
3. The proposed project or use will be inconsistent with the character of the immediate neighborhood or contrary to its orderly development because the requested rainwater collection and retention system would result in development that would exceed the maximum allowable development area limited by the GP/LCP and 1983 Zoning Code, otherwise applicable to neighboring properties in the same zoning district.
4. The property owner’s predecessor in interest has already received a Variance and Conditional Use Permit and constructed one residential unit on the property that exceeds the development standards identified pursuant to 1983 Zoning Code Section 17.051.030. The feasible and beneficial use of the site, which produced favorable and advantageous results, both social and economic, has already been achieved. Additional development beyond what exists at the site would constitute a grant of special privileges not enjoyed by other similar properties within the same zoning district.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby denies the appeal and upholds the Planning Commission decision on April 25, 2023, to deny Project No. P22-000004, with the above findings.
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 20th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
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CITY OF PISMO BEACH
NOTICE OF EXEMPTION
To: County Clerk-Recorder’s Office From: City of Pismo Beach County of San Luis Obispo 760 Mattie Road
1055 Monterey Street, Suite D120 Pismo Beach, CA 93449-2056 San Luis Obispo, CA 93408
Project Title / CEQA No.: P22-000004 / CEQA No. 2023-016 Project Applicant / Email / Phone: Andrew Grow / [email protected] / 805-903-2836 Project Location – Address: 3990 Shell Beach Road
Project Location – City: Pismo Beach
Description of Nature, Purpose and Beneficiaries of Project:
Name of Public Agency Taking Action on Project: City of Pismo Beach Name of Person or Agency Carrying Out Project: Andrew Grow Exempt Status (check one):
տ Ministerial (Section 21080(b)(1); 15268)
տ Declared Emergency (Section 21080(b)(3); 15269(a))
տ Emergency Project (Section 21080(b)(4); 15269(b)(c))
܆ Categorical Exemption. State type and section number:
տ Statutory Exemptions. State code number:
܈ Other. State code number: Section 15061(b)(4) of the CEQA Guidelines Reasons why project is exempt:
Lead Agency Contact Person: Matthew Downing, Community Development Director Contact: 805-773-4658
Email: [email protected]
If filed by applicant:
x Attach certified document of exemption finding.
x Has a notice of exemption been filed by the Public Agency approving the project? տ yes տ no -------------------------------------------------------------------------------------------------------------------------------------------------------- Signature: ________________________ Title: Community Development Director Date: June 20, 2023 ܈܈ Signed by Lead Agency | տ Signed by Applicant
Appeal of the Planning Commission denial of Project No. P22-000004. A request for a Coastal Development Permit and Variance to develop a rainwater collection and retention system for an existing residence.
The project is exempt pursuant to Section 15061(b)(4) of the CEQA Guidelines regarding projects rejected or disapproved by public agencies.
Attachment 7
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A
SUBJECT/TITLE:
PUBLIC SAFETY FACILITY FAÇADE OPTION
RECOMMENDATION:
Provide direction to staff on the preferred façade option for the fire station.
BACKGROUND:
Staff will provide a presentation on a façade for the fire station for the Public Safety Facility Project.
Conclusion and Recommendation
Staff recommends that the City Council receive the presentation and provide direction on the preferred option.
FISCAL IMPACT:
There is no fiscal impact associated with this presentation item.
ALTERNATIVES:
1. Request additional information from staff.
ATTACHMENTS:
None.
Submitted by: Meeting Date: June 20, 2023
Jorge Garcia, Interim City Manager
Interim City Manager Approval:
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B
SUBJECT/TITLE:
FIRE DEPARTMENT SEMI-ANNUAL REPORT
RECOMMENDATION:
Receive Fire Department briefing.
BACKGROUND:
Battalion Chief Paul Lee will deliver a report of Fire Department activities since the last report, which was provided in December 2022.
FISCAL IMPACT:
This report is for informational purposes only and has no fiscal impact.
ALTERNATIVES:
1. Receive briefing and ask questions of staff.
2. Receive briefing and give direction to Fire staff for items to be presented at next briefing.
ATTACHMENTS:
1. June 20, 2023 Fire Department Semi Annual Report
Meeting Date: June 20, 2023 Prepared by:
Michelle Pearson, Administrative Assistant
Submitted by: Paul Lee, Battalion Chief
Interim City Manager Approval:
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Prepared by: Michelle Pearson, Administrative Assistant Submitted by: Paul Lee, Battalion Chief
Emergency Response
1. Emergency Response by Type
2. Year Incident Review
Lifeguard Program
1. Early Recruitment
2. Lead Lifeguard Academy
3. Watch Tower Program
Junior Lifeguard Program
1. 49 participants-Session 1, 43 participants-Session 2
2. New Format (2
nd year)
Prevention
1. Special Events
2. Surf Events
3. Sidewalk CPR
4. Weed Abatement Program
5. Fuels Reduction
Vegetation Management Program (VMP)
1. CAL FIRE Fuels Projects
2. Long Canyon
3. Lighthouse Unit 2
4. Cave/Bluffs/Ontario Communication Site
5. 1000 Hills RX Burn
June 2023 Fire Department Semi Annual Report
John Owens, Acting Unit Chief
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Equipment
1. New Engine 64
2. SCBAs
3. Lifeguard Tower
4. Lifeguard Truck
5. Going Green
Grants
1. Fire Safe Council
2. OTS
3. FEMA AFG Grant
January Storm
1. USAR
2. Boat 6
3. Rescues
4. Humanitarian Mission
12.B-3Council Agenda 6-20-2023
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.C
SUBJECT/TITLE:
PIER CONCESSION LICENSE AGREEMENT EXTENSIONS
RECOMMENDATION:
Direct staff to:
1. Execute an extension of the existing License Agreement with Sheldon’s Bait Shack for operation of the Pier bait shack;
2. Execute an extension of the existing License Agreement with Rib Line by the Beach LLC for operation of the Sunsets at the Pier concession stand.
BACKGROUND:
On March 20, 2018, the City Council made a significant investment in approving the design and construction of the Pier Plaza and Parking Lot Upgrade Project, which completely revitalized the Pier Plaza area. Through the Project, the previous Visitor Information Kiosk (VIK) and Bait Shack were required to be demolished, and the Council determined that these uses were to be replaced with Airstream trailers modified to fit the needs of each operator. At the same time, the City Council also authorized a third Airstream trailer to serve as an additional recreational amenity for visitors provided by a food/beer and wine concessionaire. While the VIK was to be operated by City staff and the Bait Shack was to be operated by the Sheldon Family (License Agreement provided as Attachment 1), who had a 45-year history with the City, the Council determined that the third concessionaire would be selected through a competitive bidding process.
Following a fair and competitive process, the City Council authorized the City Manager to enter into a license agreement with Rib Line by the Beach LLC, to operate Sunsets at Pismo (Sunsets) (License Agreement provided as Attachment 2).
Both the Bait Shack and Sunsets provide amenities that support recreation and visitors.
For example, the Bait Shack sells bait, rents fishing rods, sells snacks, and sells souvenirs, while Sunsets provides food and beverages to those residents and visitors choosing a passive recreational option. Net revenues produced from these uses help pay for various Pier Enterprise Fund costs, including costs associated with the Pier Plaza, Pier Restroom, and beaches.
The License Agreements for both the Bait Shack and Sunsets contain information including terms, fees, operation and use requirements, as well as provisions for extension of the Licenses. Each License Agreement is established as an initial three-year term, with two one-year extension options. The City Manager is authorized to carry out these extensions without further approval. However, due to recent discussions by the City Council regarding the Open Space Designation of the Pier, staff is bringing this matter to the City Council for consideration, with the recommendation that the Council extend the License Agreements.
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Open Space Designation
As was previously discussed during the City Council/Planning Commission General Plan/Land Use Plan (GP/LUP) Study Sessions, the Pier is designated as Open Space under the GP/LUP. This conflicts with current GP/LUP depictions, which show the first diamond of the Pier as Resort Commercial. This inconsistency appears to be a result of previous staff work in the early 2000s. However, through the Study Sessions, the City Council concluded that the Pier should remain designated as Open Space in the forthcoming GP/LUP.
Although the Pier is designated Open Space in the GP/LUP, the Pier currently has no zoning, while the beach and surrounding public and private lands do. Zoning is the mechanism by which the goals and policies of the GP/LUP are implemented on a parcel- by-parcel basis. Accordingly, without zoning, uses and structures on the Pier become a matter of City Council desire and direction, but should be consistent with the intent of the City’s open spaces, either for environmental protection or for recreational purposes.
Based on direction previously given by the City Council, appropriate licensing agreements were obtained with the State Lands Commission for the location of two commercial enterprises on the Pier, supporting the various recreational and leisure activities that local and out-of-town visitors to the City can enjoy. These agreements act as entitlements for the uses unless the City Council determines that these uses are no longer appropriate for the Pier.
Conclusion and Recommendation
The current use of the Airstreams on the Pier have been seen as a success and are enjoyed by residents and visitors alike. Each operator provides amenities to the various recreational activities experienced by those who enjoy Pismo Beach. Accordingly, staff recommends the City Council direct the execution of one-year extensions of the existing License Agreements with Rib Line by the Beach, LLC and Sheldon’s Bait Shack, respectively.
FISCAL IMPACT:
The fiscal impact of extending the license agreements for the two one-year options is projected net revenues to the Pier Enterprise Fund of $38,648 for the first-year extension from November 1, 2023, to October 31, 2024, and $41,395 for the second-year extension from November 1, 2023, to October 31, 2025. This includes projected gross revenues of $68,648 and $71,395 for the first- and second-year extensions, respectively, offset by an estimated $30,000 per year for Airstream polishing and maintenance. Details of each Airstream and amount by term are illustrated in the following table.
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Table 1: Projected Net Revenues for Airstreams if License Agreement Extended The projected net revenues support the Pier Enterprise Fund operations, including maintenance of the Pier Plaza. This primarily includes toilet paper and soap supplies for the Pier restroom, maintenance of the Pier restroom, trash cans in the Plaza and beach, Pier Plaza cleanings, maintenance of the Pier Plaza playground, and other related costs.
In the event that one or both of the license agreements for the subject Airstreams are not extended, these costs would be supported by the General Fund.
Historical Fiscal Impact
Looking back at the first three years of the license agreements, the net revenues for Year 1, 2, and 3 provided $64,580, $57,847, and $48,449, respectively, to support the Pier Enterprise Fund operations. These net revenues decreased based on the Airstream polishing and maintenance costs.
Table 2: Historical Net Revenues for Airstreams
ALTERNATIVES:
1. Do not approve extending the License Agreements.
2. Provide alternate direction to staff.
ATTACHMENTS:
1. License Agreement Sheldon’s Bait Shack
2. License Agreement Rib Line by Brian LLC.
Term 1 Term 2
Revenues
Sunsets on the Pier 47,696$ 49,603$
Sheldon's Clam Stand 20,952 21,792
Total Revenues 68,648$ 71,395$
Expeditures
Airstream polishing 30,000 30,000
Net (Revs - Exp)38,648$ 41,395$
Year 1 Year 2 Year 3
Revenues
Sunsets on the Pier 47,230$ 47,546$ 45,861$
Sheldon's Clam Stand 17,350 18,801 20,148 Total Revenues 64,580$ 66,347$ 66,009$
Expeditures
Airstream polishing - 8,500 17,560
Net (Revs - Exp)64,580$ 57,847$ 48,449$
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Submitted by: Meeting Date: June 20, 2023
Gordon Jackson, Tourism and Events Director
Interim City Manager Approval:
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LICENSE AGREEMENT
This license agreement, effective November 14, 2020 (hereinafter referred to as License”), is by and between the two Parties: the City of Pismo Beach, California, a municipal corporation (hereinafter referred to as “Licensor” or “City”), and Sheldon’s Bait Shack, an individual or proprietor (hereinafter referred to as “Licensee”).
RECITALS
WHEREAS, Licensor is the owner of the Pismo Beach Pier in the City of Pismo Beach and the owner of the Vending Airstream on the Pismo Beach Pier; WHEREAS, Licensee desires to License the Vending Airstream to operate a bait & tackle concession on or around the Pier.
NOW, THEREFORE, the Parties hereto agree as follows:
I. PREMISES:
Licensor hereby Licenses to Licensee a Vending Airstream located at 100 Pier Way on the Pismo Beach pier in the City of Pismo Beach, California, commonly referred to as the Vending Airstream.
II. TERM:
A. The License Term shall be for a three-year period commencing November 14, 2020 and ending on October 31, 2023, with two one-year options as described in Section V.
B. On or before the first anniversary of the License commencement date set forth above, the City shall review Licensee’s compliance with this License agreement.
The City’s review shall provide Licensee an objective evaluation of performance.
The evaluation process is designed to assist Licensee in (1) identifying areas in which Licensee’s performance does not yet constitute an event of default under Section XV, but would constitute an event of default if continued, and (2) identifying operational improvements Licensee should implement to ensure a satisfactory experience to City’s residents and visitors. City shall provide Licensee written notice of any performance irregularities and operational improvement recommendations, and Licensee shall use reasonable business efforts to promptly resolve any irregularities and to promptly implement such recommendations.
III. LICENSE FEE
A. Base License Fee: The Base License Fee as hereinafter set forth shall be paid by Licensee to the City of Pismo Beach Administrative Services Department on the first day of every month for each successive and separate calendar month.
1. Effective upon the commencement of this License, the Base License Fee shall be one thousand five hundred Dollars ($1,500.00) per month for the first year prorated to $850 for November 2020 only based on November 14, 2020 DocuSign Envelope ID: 486EFC70-6056-4CC9-BC96-5AE438CAA46F
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commencement date). For the second year starting November 1, 2021, the monthly Base License Fee shall be increased by a percentage equal to the percentage increase in the Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers, All Items, for the Los Angeles- Orange County-Riverside area (“CPI’). The CPI increase is the change in CPI in the most recent August compared to the August in the previous year.
For the third year starting November 1, 2022, the monthly Base License Fee shall be increased by a percentage equal to the percentage increase in the Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers, All Items, for the Los Angeles-Orange County-Riverside area (“CPI’). The CPI increase is the change in CPI in the most recent August compared to the August in the previous year.
2. In the event the Lease Term is extended as set forth in Section IV, or the Lease continues on a month-to-month basis beyond the Term as set forth in Section IV, effective on November 1, 2023, and thereafter on each November 1 of any subsequent year, the base rental amount shall be increased by a percentage equal to the percentage increase in the Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers, All Items, for the Los Angeles-Orange County-Riverside area (“CPI’). The CPI increase is the change in CPI in the most recent August compared to the August in the previous year.
The New License Fee shall be rounded to the nearest dollar per month, and in NO event shall any New License Fee be less than the Base License Fee that was in effect on the prior November 1.
B. Late Payments: Licensee agrees that if the Base License Fee and Percentage License Fee due hereunder from Licensee to Licensor remains unpaid after said payment is due, Licensee shall pay to the Licensor a late charge equal to Five percent (5%) of the amount due. Additional interest will be charged at 2% per annum of the amount of the delinquent Base License Fee and Percentage License Fee, which late charge shall be added to and become part of the delinquent Base License Fee or Percentage License Fee.
C. Security Deposit
Licensee agrees to pay the Licensor an amount equal to three months’ rent 4,500) as a Security Deposit. The Security Deposit shall be held by Licensor without liability for interest and as security for the performance by Licensee of Licensee's covenants and obligations under this License, it being expressly understood that the Security Deposit shall not be considered an advance payment of license fees or a measure of Licensor's damages in case of default by Licensee.
Unless otherwise provided by mandatory non-waivable law or regulation, Licensor may commingle the Security Deposit with Licensor's other funds. Licensor may, from time to time, without prejudice to any other remedy, use the Security Deposit DocuSign Envelope ID: 486EFC70-6056-4CC9-BC96-5AE438CAA46F
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to the extent necessary to make good any arrearages of license fees or to satisfy any other covenant or obligation of Licensee hereunder. Following any such application of the Security Deposit, Licensee shall pay to Licensor on demand the amount so applied in order to restore the Security Deposit to its original amount.
If Licensee is not in default at the termination of this License, the balance of the Security Deposit remaining after any such application shall be returned by Licensor to Licensee. If Licensor transfers its interest in the Premises during the term of this License, Licensor may assign the Security Deposit to the transferee and thereafter shall have no further liability for the return of such Security Deposit.
IV. USE, OPERATION, AND MAINTENANCE OF THE VENDING AIRSTREAM A. Permitted Use
Licensee shall use the Vending Airstream for the purpose of selling fishing rods, pre-packaged bait and tackle, gifts, pre-packaged beverages, snacks and popcorn in accordance with Federal, California and City laws and regulations. Licensee may not change or expand upon the allowable uses as stated herein without the express written approval of the Licensor.
B. Sale of Popcorn
During such times as Licensee elects to sell popcorn, Licensee shall maintain a minimum of two signs, not less than two square feet each, prominently and publicly displayed at the licensed premises, informing Licensee’s customers that Pismo Beach Municipal Code Section 12.20.195 prohibits the feeding of birds on the pier.
Should Licensee observe persons using popcorn or other food items sold by Licensee in violation of Section 12.20.195, Licensee shall immediately inform such persons that it is unlawful to use popcorn or food items to violate Section 12.20.195 and that such violation could subject such persons to monetary penalties.
Licensee shall also immediately remove any popcorn or food items observed on the pier on or around the premises.
C. Discontinuation of Popcorn Sales
Notwithstanding anything to the contrary in subsection B of this Section IV, at any time should Licensor determine that the ocean water quality adjacent to the pier has degraded as measured by water testing from the County of San Luis Obispo environmental health department, and that Licensee’s customers or others have been observed by City employees violating Pismo Beach Municipal Code Section
12.20.195 with popcorn furnished by Licensee on more than three occasions, the City may give Licensee written notice to cease the selling of popcorn from the premises. If given such notice by the City, Licensee shall cease selling popcorn from the premises within 30 days following receipt of such notice.
D. Certificates and Permits.
Licensee shall be in possession of, and shall display at all times, certificates or permits issued by the appropriate County, City or State health authorities certifying that the premises occupied, equipment, the products sold and the method of selling DocuSign Envelope ID: 486EFC70-6056-4CC9-BC96-5AE438CAA46F
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meet all current regulations governing the operation of Licensee’s business. With the first month’s License Fee that Licensee pay at the beginning of this License, Licensee shall also provide the Licensor with true photocopies of all the current certificates and permits citied above in this section. Thereafter, within 30 days of receiving any new or updated certificates or permits, Licensee shall provide true copies thereof to the Licensor.
E. Alterations to Vending Airstream
Licensee may not make any alteration to the Vending Airstream without the express written approval of the Licensor. Licensor's approval of plans and specifications or any change to the allowable uses shall be within its sole and absolute discretion.
F. Operation – Hours: Licensee shall, at all times, maintain a written schedule delineating the operating hours, which schedule shall be pre-approved by the Administrative Services Director and posted so that it is visible to the general public at all times.
Hours of operation during peak season (Memorial Day weekend through Labor Day weekend) shall be not less than seven days a week from 9:00 A.M. to 7:00 P.M. During the remaining of the year, the Licensee shall be open from Friday to Monday, 9:00 A.M. to 4:00 P.M, except during inclement weather.
For special events or when the pier is closed for maintenance or other reasons, the Licensee shall work with the Licensor on operations during those periods. In such instances, Licensee may be required to close its business or be subject to temporary relocation of the Vending Airstream, and Licensor shall provide to Licensee not less than 30 days’ advance notice of such events.
G. Maintenance – Licensee, at its sole cost and expense, shall maintain the interior of the Vending Airstream, in a condition acceptable to the Licensor in good condition and repair as may be worn by normal wear and tear, and Licensor shall not have any responsibility therefore. For required maintenance and repairs conducted by the Licensor, Licensee shall reimburse the Licensor for the labor, equipment, administration, and materials expended to perform such work.
Licensee shall keep the Vending Airstream clean and sanitary at all times.
Licensee shall regularly inspect the Vending Airstream as necessary to protect the public from safety hazards. No offensive materials, debris, bait, inventory, engines of any kind, support equipment or refuse matter nor any substance constituting any unnecessary, unreasonable or unlawful fire hazard or material detrimental to the public health shall be permitted on or within ten (10) feet of the Vending Airstream.
V. LICENSE TERM EXTENSION
A. The Parties may opt to extend this License for two one-year periods upon mutual DocuSign Envelope ID: 486EFC70-6056-4CC9-BC96-5AE438CAA46F
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consent without amendment of this License. In the event the Parties fail to agree on an extension of this License, it shall expire as set forth in Section II.
B. Beyond the Term described in Section II, above, or any extension of the Term, this License shall continue month-to-month until either Party sends the other Party a thirty 30) day termination notice.
VI. UTILITIES
Licensee will be responsible for payment of utilities. Water and sewer, will be charged by the City of Pismo Beach to the Licensee according to the City’s fee schedule. Electricity and security system costs will be charged to the Licensee based on actual costs.
Telephone, internet, and garbage expenses are the responsibility of the licensee.
VII. LIABILITY INSURANCE
Licensee shall procure and maintain for the duration of the License insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Licensee’s operation and use of the licensed premises. The cost of such insurance shall be borne by the Licensee.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance for any employees of Licensee.
B. Minimum Limits of Insurance. Licensee shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Licensed property or the general aggregate limit shall be twice the required occurrence limit.
2. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Licensor. At the option of, the Licensor, either:
the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Licensor, its officers, elected and appointed officials, employees and volunteers; or the Licensee shall procure a bond guaranteeing payment of losses and related investigations and defense expenses in an amount equal to such deductible or self-insured retention.
DocuSign Envelope ID: 486EFC70-6056-4CC9-BC96-5AE438CAA46F
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D. Other Insurance Provisions. The general liability policy shall contain, or be endorsed to contain, the following provisions:
1. The Licensor, its officers, elected and appointed officials, employees and volunteers are to be covered as insureds as respects: liability arising out of premises owned, occupied or used by the Licensee. The coverage shall contain no special limitations on the scope of protection afforded to the Licensor, its officers, elected and appointed officials, employees or volunteers.
2. The Licensee’s insurance coverage shall be primary insurance as respects the Licensor, its officers, elected and appointed officials, employees and volunteers. Any insurance or self-insurance maintained by the Licensor, its officers, elected and appointed officials, employees or volunteers shall be in excess of the Licensee’s insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Licensor, its officers, officials, employees or volunteers.
4. Coverage shall state that the Licensee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, returned receipt requested, has been given to the Licensor.
6. All insurance coverage maintained or procured pursuant to this License shall be endorsed to waive subrogation against Licensor, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow Licensee or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Licensee hereby waive their own right of recovery against Licensor.
7. 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 the Licensee maintains higher limits than the minimums shown above, the Licensor requires and shall be entitled to coverage for the higher limits maintained by the Licensee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Licensor.
DocuSign Envelope ID: 486EFC70-6056-4CC9-BC96-5AE438CAA46F
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E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best’s rating of no less than A: VII.
F. Verification of Coverage. Licensee shall furnish the Licensor with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided or approved by the Licensor.
G. Licensor’s Right of Enforcement. In the event any policy of insurance required under this License does not comply with these specifications or is canceled and not replaced, Licensor has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Licensor will be promptly reimbursed by Licensee or Licensor will deduct such payments from the Security Deposit and require Licensee to return the Security Deposit to its full amount. In the alternative, Licensor may terminate the License for material breach.
VIII. INDEMNIFICATION
Except for the sole negligence or willful misconduct of Licensor, Licensee shall defend, indemnify and keep and hold Licensor, including Licensor’s elected officials, officers, employees and agents, their successors and assigns, harmless from any and all costs, liability, damage or expense (including costs of suit and fees and expenses of legal services) claimed by anyone by reason of injury to or death of persons, or damage to or destruction of property, including property of Licensee, sustained in, on or about the Licensed Premises or arising out of Licensee’s use or occupancy thereof, as a proximate result of the acts or omissions of Licensee, its employees and agents, or its contractors, licensees or invitees, their successors and assigns or arising out of the condition of the Licensed Premises, or any mechanic’s or materialman’s liens filed in connection with any work done on the Licensed Premises by or at the request or direction of Licensee.
Licensor shall, by appropriate, written notice to Licensee, advise Licensee as soon as practicable regarding any potential liability of Licensee under this Section IX. JANITORIAL SERVICES
Licensee shall provide routine janitorial service for the whole of the licensed premises sufficient to maintain the premises in a clean and sanitary manner.
X. REPAIRS AND REPLACEMENTS
A. Licensee shall be responsible for, and shall pay for, all routine maintenance and redecorating of the interior of the licensed premises.
B. Licensee shall, at their sole cost and expense, keep and maintain the inside of said premises and appurtenances and every part thereof, including windows, in good and sanitary order, condition, and repair, hereby waiving all right to make repairs at the expense of the Licensor as provided in Section 1942 of the Civil Code of the State of California, and all rights provided for by Section 1941 of said Civil Code. Licensor shall DocuSign Envelope ID: 486EFC70-6056-4CC9-BC96-5AE438CAA46F
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be permitted to remove or relocate the Vending Airstream in the event of pier maintenance upon thirty (30) calendar day’s written notice by the Licensor to Licensee. Licensor shall be permitted to remove or relocate the Vending Airstream at any time without notice in the event of an emergency that threatens the public health, safety or welfare. Licensee shall be entitled to no compensation for any loss or interruption of business, damages to contents, abatement of License Fee or other expenses of any kind during such time as the Vending Airstream is being moved or has been moved from its existing location.
Licensee’s sole recourse shall be an extension of the Term equal to the number of days Licensee’s business is closed due to the relocation or removal of the Vending Airstream.
C. Licensee shall not make, or suffer to be made, any alteration of the said premises, or any part thereof, without the written consent of the Licensor first had and obtained.
Licensee shall keep the demised premise and the property in which the demised premises are situated free from any liens arising out of any work performed, materials furnished, or obligations incurred by Licensee. More specifically, Licensee shall not authorize or permit the imposition of any lien, security, or collateral obligation against any of said improvements. Failure by Licensee to remove or clear any such obligations within thirty 30) days after Licensee have or receive knowledge thereof shall be a material and actionable breach hereof.
XI. PARKING
Licensee shall have the non-exclusive right to utilize the existing pier parking areas to drop off and pick up inventory for the concession area. Nothing in this License shall entitle Licensee to free or discounted parking in violation of the Licensor’s paid parking requirements for the existing pier parking areas. The Licensee is not allowed to drive on the pier or on the pier promenade plaza area. The Licensee is allowed to take deliveries on the pier from carts, but not trucks or cars. The Licensee is allowed to park on the pier promenade plaza area designated by the Police Chief, hashed area, for deliveries, preferably during non-peak hours.
XII. POSSESSORY INTEREST
No fee interest in real property is hereby conveyed; however, by the execution of this License and accepting the benefits thereof, a property interest known as “possessory interest” may be created and such property interest will be subject to property taxation. Licensee, as the party to whom the possessory interest is vested, shall be responsible for the payment of all property taxes levied upon such interest. Licensee acknowledges that the notice required under California Revenue and Taxation Code Section 107.6 has been provided. Licensee shall be responsible for paying all personal property taxes with respect to Licensee’s personal property at the Licensed Premises.
XIII. ASSIGNMENT AND DEFAULT
Licensee shall not assign this License, or sublet the whole or any part of the premises, without the prior written consent of Licensor. Any attempt to do so shall be void, shall DocuSign Envelope ID: 486EFC70-6056-4CC9-BC96-5AE438CAA46F
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confer no rights on any third party, and shall be good cause for termination of this License by Licensor at its option. This License shall not be assignable by operation of law.
XIV. DESTRUCTION OF PREMISES- CONDEMNATION
If during the term of this License, the premises are damaged or destroyed by fire, act of God, condemnation or other cause, so as to render the premises unfit for occupancy, or so as to substantially prevent or impair Licensee’s use of the premises for intended purposes, then this License shall terminate upon the mutual agreement of the parties hereto.
XV. DEFAULT BY LICENSEE
In addition to the foregoing provisions, each of the following shall be deemed a default by Licensee and a breach of this License:
A. Failure to make any payment of money to Licensor when due hereunder for a period of five (5) days after notice in writing to Licensee.
B. Failure to do, observe, keep and perform any of the other terms, covenants, conditions, agreements and provisions of the License on the part of the Licensee to be done, observed, kept and performed for a period of thirty (30) days after notice in writing to Licensee.
C. The abandonment of the premises by Licensee for a period in excess of thirty (30) days.
D. The filing of voluntary or involuntary petition in bankruptcy, or for reorganization, or for an arrangement for creditors by or against Licensee.
E. The making by Licensee of a general assignment, or any assignment for the benefit of their creditors.
F. The taking by Licensee of the benefit of any insolvency act or law.
G. The appointment of a receiver or trustee of the business or the assets of Licensee.
Should default be made in the maintenance and performance of any of the covenants herein contained, the Licensor, its agents or attorney may re-enter and take possession of said premises and remove all persons therefrom and at its option, terminate the License.
XVI. TERMINATION OF LICENSE
At the termination of this License, unless otherwise directed by Licensor in writing, Licensee shall remove the all furniture, appurtenances and supplies and restore the Vending Airstream to the same condition as the Vending Airstream was in at the inception DocuSign Envelope ID: 486EFC70-6056-4CC9-BC96-5AE438CAA46F
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of this License, normal wear and tear excepted.
XVII. NOTICES
Any notices, demands or communication, under or in connection with this License, shall be served upon Licensor by personal service, or mailing the same by certified mail in the United States Post Office, or postage prepaid, and directed to Licensor at: Administrative Services Department
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
And shall be served on Licensee at: Sheldon’s Bait Shack 471 Dell Court
Pismo Beach, CA
Either the Licensor or Licensee may change such address by notifying the other party in writing as to such new address as Licensee or Licensor may desire be used and which address shall continue as the address until further written notice.
XVIII. GENERAL PROVISIONS
A. Governing Law.
This License shall be governed, construed and interpreted by, through and under the Laws of the State of California. Any action or proceeding brought regarding this License shall be brought in the Superior Court of the County of San Luis Obispo, or in the United States District Court for the Central District of California. The prevailing party in any legal action or proceeding arising hereunder shall be entitled to its reasonable attorneys’ fees and court costs.
B. Successors
The provisions of this License shall extend to and be binding upon Licensor and Licensee and their respective legal representatives, successors and assigns.
C. Waiver
The waiver of any breach of any term, condition and/or obligation under this License shall not be construed as a continuing waiver of the same breach or a waiver if any subsequent breach. No custom or practice which may develop between the parties in the implementation or administration of the terms of this License shall be construed to waive or lessen any right to insist upon strict performance of the terms of this License Agreement.
XIX. TOTALITY OF THE AGREEMENT
This License terminates and supersedes all prior understandings or agreements on the DocuSign Envelope ID: 486EFC70-6056-4CC9-BC96-5AE438CAA46F
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subject matter hereof by and between Licensor and Licensee. This License may be modified only by a further writing that is duly executed by both parties. If any provision of the License is held to be invalid or unenforceable by a court of competent jurisdiction with respect to any party, the remainder of this License or the application of such provision to persons other than those as to whom it is held invalid or unenforceable shall not be affected, and each provision of this License shall be valid and enforceable to the fullest extent permitted by law. The parties acknowledge and agree that each of the parties have been represented by counsel or has had full opportunity to consult with counsel and that each of the parties has participated in the negotiation and drafting of this License.
Accordingly it is the intention and agreement of the parties that the language, terms and conditions of this License are not to be construed in any way against or in favor of any party hereto by reason of the roles and responsibilities of the parties or their counsel in connection with the preparation of this License.
IN WITNESS WHEREOF, the Parties hereto have executed this License in duplicate originals as of the date first written herein above.
LICENSOR:
CITY OF PISMO BEACH
James R. Lewis, City Manager Date
LICENSEE:
Sheldon’s Bait Shack Date Sheldon’s Bait Shack Date
Troy Sheldon Regina Sheldon
ATTEST:
Erica Inderlied, City Clerk
APPROVED AS TO FORM:
David Fleishman, City Attorney
DocuSign Envelope ID: 486EFC70-6056-4CC9-BC96-5AE438CAA46F 11/13/2020 11/13/2020
11/16/2020
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1 LICENSE AGREEMENT
This license agreement, effective November 13, 2020 (hereinafter referred to as License”), is by and between the two Parties: the City of Pismo Beach, California, a municipal corporation (hereinafter referred to as “Licensor” or “City”), and Rib Line by the Beach, LLC., an individual or proprietor (hereinafter referred to as “Licensee”).
RECITALS
WHEREAS, Licensor is the owner of the Pismo Beach Pier in the City of Pismo Beach and the owner of the Vending Airstream on the Pismo Beach Pier; WHEREAS, Licensee desires to License the Vending Airstream to operate a concession on or around the Pier.
NOW, THEREFORE, the Parties hereto agree as follows:
I. PREMISES:
Licensor hereby Licenses to Licensee a Vending Airstream located at 100 Pier Way on the Pismo Beach pier in the City of Pismo Beach, California, commonly referred to as the Vending Airstream.
II. TERM:
A. The License Term shall be for a three-year period commencing November 13, 2020 and ending on October 31, 2023, with two one-year options as described in Section V.
B. On or before the first anniversary of the License commencement date set forth above, the City shall review Licensee’s compliance with this License agreement.
The City’s review shall provide Licensee an objective evaluation of performance.
The evaluation process is designed to assist Licensee in (1) identifying areas in which Licensee’s performance does not yet constitute an event of default under Section XV, but would constitute an event of default if continued, and (2) identifying operational improvements Licensee should implement to ensure a satisfactory experience to City’s residents and visitors. City shall provide Licensee written notice of any performance irregularities and operational improvement recommendations, and Licensee shall use reasonable business efforts to promptly resolve any irregularities and to promptly implement such recommendations.
III. LICENSE FEE
A. Base License Fee: The Base License Fee as hereinafter set forth shall be paid by Licensee to the City of Pismo Beach Administrative Services Department on the first day of every month for each successive and separate calendar month.
1. Effective upon the commencement of this License, the Base License Fee shall be two thousand Dollars ($2,000.00) per month for the first year (prorated to $1,200 for November 2020 only based on November 13, 2020 commencement date); then DocuSign Envelope ID: 923F8788-E9E7-4E7D-9FEB-D4ACBDA3FB8F
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2 two thousand one hundred Dollars ($2,100.00) per month for the second year; and two thousand two hundred and five Dollars ($2,205) per month for the third year.
2. In the event the License Term is extended as set forth in Section V, or the License continues on a month-to-month basis beyond the Term as set forth in Section V, effective on November 1, 2025, and thereafter on each November 1 of any subsequent year, the Base License Fee shall be increased by 5% per year.
The New License Fee shall be rounded to the nearest dollar per month, and in NO event shall any New License Fee be less than the Base License Fee that was in effect on the prior November 1.
B. Percentage License Fee: In the months during which the Licensee’s gross receipts as defined in Pismo Beach Municipal Code Section 5.04.010) exceed the Base License Fee, the Licensee shall, for each month of the Term or any extension of the Term, pay on the fifteenth day of the next succeeding month, without abatement, deduction, or offset, an additional license fee amount as “Percentage License Fee”, which is calculated pursuant to the percentages of gross receipts, set forth below:
1. Two percent (2%) of the gross receipts of sales including but not limited to the sale of food, snacks, water, soda, beer and wine.
2. Two percent (2%) of the gross receipts from any and all business activities not otherwise provided for in this subsection.
The Percentage License Fee shall be due and payable to the Administrative Services Department on the fifteenth day of the next succeeding month. There shall be no averaging of calendar months, or any portion thereof.
C. Late Payments: Licensee agrees that if the Base License Fee and Percentage License Fee due hereunder from Licensee to Licensor remains unpaid after said payment is due, Licensee shall pay to the Licensor a late charge equal to Five percent (5%) of the amount due. Additional interest will be charged at 2% per annum of the amount of the delinquent Base License Fee and Percentage License Fee, which late charge shall be added to and become part of the delinquent Base License Fee or Percentage License Fee.
D. Monthly Statements & Percentage License Fee Payment Due Date Licensee shall deliver to the Licensor on or before the fifteen (15th) day of each calendar month during the Term or any extension of the Term, a statement of all gross receipts for the preceding calendar month along with any Percentage License Fee payment due for the preceding calendar month.
The statement shall be signed by the Licensee and shall be in the form reasonably prescribe by the Licensor.
Licensee acknowledges that, in signing the statement, it is certifying under penalty of perjury of the laws of the State of California that the statement is a complete and DocuSign Envelope ID: 923F8788-E9E7-4E7D-9FEB-D4ACBDA3FB8F
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3 accurate representation of all matters set forth therein.
Each such monthly statement shall include:
1. The total Licensee’s gross receipts for the period broken down into the two categories described in section III.B;
2. The total Percentage License Fee payment.
It is agreed that all computations shall be made on a monthly basis and shall be made separately for each month throughout the Term of this License, or any extension of the Term, without regard to any other month or accounting year.
There shall be no credit or refund of License Fee payments to the Licensor unless and error has been made in the reporting of the monthly amount of gross receipts.
E. Licensee Financial Records
Licensee shall keep and maintain full, complete, and appropriate books, records, and accounts related to the Vending Airstream, including all such records necessary or prudent to evidence and substantiate in full detail Licensee’s calculation of Percentage License Fee. These records, including source documents, receipts, bank deposit receipts, and any other documents (“Financial Records”) shall be available to the Licensor upon Licensor’s request for purposes of review or auditing.
F. Licensor’s Right to Audit Current Records
The Licensor shall have the right to audit and examine the Licensee’s Financial Records necessary for a proper determination of the amount of Licensee’s gross receipts, and all such records shall be held available by Licensee for such purpose.
Licensee shall preserve records on which any statement of gross receipts is based for a period of not less than five (5) years after such statement is rendered.
The receipt by Licensor of any statement, record, or any payment by Licensee or acceptance by Licensor of any Percentage License Fee for any period shall not bind Licensor as to the correctness of such statement or such payment.
Within five (5) years after the receipt of any such statement, Licensor or any designated agent or employee of Licensor at any time shall be entitled to audit the gross receipts and all books, records, and accounts of Licensee pertaining thereto.
Such audit shall be limited to the determination of the gross receipts and shall be conducted during the Licensor’s normal business hours.
If it is determined, as a result of such audit that there has been a deficiency in the payment of Percentage License Fee, then such deficiency shall become immediately due and payable as an additional License Fee with interest at fifteen percent (15%) per annum or the maximum rate permitted by law, whichever is greater, from the date when said payment should have been made.
DocuSign Envelope ID: 923F8788-E9E7-4E7D-9FEB-D4ACBDA3FB8F
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4 In addition, if Licensee's statement for any calendar month is found to have understated Gross Receipts by more than two percent (2%) and Licensor is entitled to any additional Percentage License Fee as a result of said understatement, then Licensee shall pay, in addition to the interest charges referenced hereinabove, all of Licensor's reasonable costs and expenses connected with any audit or review of Licensee’s accounts and records. if Licensee's statement for any calendar month is found to have understated Gross Receipts by more than five percent (5%), Licensee shall be deemed to be in material default of this License, entitling Licensor to terminate the License.
G. Point of Sale System
All sales and transactions made from the Vending Airstream shall be recorded by means of cash registers or other comparable devices to be approved by the Licensor, which display to the customer the amount of the transaction and can issue a receipt for every transaction. The registers shall be equipped with devices which lock in sales totals and other transaction records, and with counters which are not re-settable and which record transaction numbers and sales details. Totals registered shall be read and recorded at the beginning and end of each day.
Licensee shall conduct all sales and transactions using the cash registers or comparable devices, and Licensee shall account for each and every sale or transaction in a manner allowing Licensor to verify the date, amount and other details of the sale or transaction upon request of Licensor. Licensor reserves the right to anonymously conduct sales transactions with Licensee at any time to verify Licensee’s compliance with this subsection.
H. Security Deposit
Licensee agrees to pay the Licensor $5,100 as a Security Deposit. The Security Deposit shall be held by Licensor without liability for interest and as security for the performance by Licensee of Licensee's covenants and obligations under this License, it being expressly understood that the Security Deposit shall not be considered an advance payment of license fees or a measure of Licensor's damages in case of default by Licensee. Unless otherwise provided by mandatory non-waivable law or regulation, Licensor may commingle the Security Deposit with Licensor's other funds. Licensor may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of license fees or to satisfy any other covenant or obligation of Licensee hereunder. Following any such application of the Security Deposit, Licensee shall pay to Licensor on demand the amount so applied in order to restore the Security Deposit to its original amount. If Licensee is not in default at the termination of this License, the balance of the Security Deposit remaining after any such application shall be returned by Licensor to Licensee. If Licensor transfers its interest in the Premises during the term of this License, Licensor may assign the Security Deposit to the transferee and thereafter shall have no further liability for the return of such Security Deposit.
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5 IV. USE, OPERATION, AND MAINTENANCE OF THE VENDING AIRSTREAM A. Permitted Use
Licensee shall use the Vending Airstream for the purpose of selling food and beverages including beer and wine, pre-packaged snacks and popcorn in accordance with Federal, California and City laws and regulations. Licensee may not change or expand upon the allowable uses as stated herein without the express written approval of the Licensor.
B. Sale of Popcorn
During such times as Licensee elects to sell popcorn, Licensee shall maintain a minimum of two signs, not less than two square feet each, prominently and publicly displayed at the licensed premises, informing Licensee’s customers that Pismo Beach Municipal Code Section 12.20.195 prohibits the feeding of birds on the pier.
Should Licensee observe persons using popcorn or other food items sold by Licensee in violation of Section 12.20.195, Licensee shall immediately inform such persons that it is unlawful to use popcorn or food items to violate Section 12.20.195 and that such violation could subject such persons to monetary penalties.
Licensee shall also immediately remove any popcorn or food items observed on the pier on or around the premises.
C. Discontinuation of Popcorn Sales
Notwithstanding anything to the contrary in subsection B of this Section IV, at any time should Licensor determine that the ocean water quality adjacent to the pier has degraded as measured by water testing from the County of San Luis Obispo environmental health department, and that Licensee’s customers or others have been observed by City employees violating Pismo Beach Municipal Code Section
12.20.195 with popcorn furnished by Licensee on more than three occasions, the City may give Licensee written notice to cease the selling of popcorn from the premises. If given such notice by the City, Licensee shall cease selling popcorn from the premises within 30 days following receipt of such notice.
D. Certificates and Permits.
Licensee shall be in possession of, and shall display at all times, certificates or permits issued by the appropriate County, City or State health authorities certifying that the premises occupied, equipment, the products sold and the method of selling meet all current regulations governing the operation of Licensee’s business. With the first month’s License Fee that Licensee pay at the beginning of this License, Licensee shall also provide the Licensor with true photocopies of all the current certificates and permits citied above in this section. Thereafter, within 30 days of receiving any new or updated certificates or permits, Licensee shall provide true copies thereof to the Licensor.
E. Alterations to Vending Airstream
Licensee may not make any alteration to the Vending Airstream without the express written approval of the Licensor. Licensor's approval of plans and specifications or any change to the allowable uses shall be within its sole and DocuSign Envelope ID: 923F8788-E9E7-4E7D-9FEB-D4ACBDA3FB8F
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6 absolute discretion.
F. Operation – Hours: Licensee shall, at all times, maintain a written schedule delineating the operating hours, which schedule shall be pre-approved by the Administrative Services Director and posted so that it is visible to the general public at all times.
Hours of operation during peak season (Memorial Day weekend through Labor Day weekend) shall be not less than seven days a week from 7:00 A.M. to 7:00 P.M. During the remaining of the year, the Licensee shall be open a minimum of 40 hours per week.
For special events or when the pier is closed for maintenance or other reasons, the Licensee shall work with the Licensor on operations during those periods. In such instances, Licensee may be required to close its business or be subject to temporary relocation of the Vending Airstream, and Licensor shall provide to Licensee not less than 30 days’ advance notice of such events.
G. Maintenance – Licensee, at its sole cost and expense, shall maintain the interior of the Vending Airstream, in a condition acceptable to the Licensor in good condition and repair as may be worn by normal wear and tear, and Licensor shall not have any responsibility therefore. For required maintenance and repairs conducted by the Licensor, Licensee shall reimburse the Licensor for the labor, equipment, administration, and materials expended to perform such work.
Licensee shall keep the Vending Airstream clean and sanitary at all times.
Licensee shall regularly inspect the Vending Airstream as necessary to protect the public from safety hazards. No offensive materials, debris, bait, inventory, engines of any kind, support equipment or refuse matter nor any substance constituting any unnecessary, unreasonable or unlawful fire hazard or material detrimental to the public health shall be permitted on or within ten (10) feet of the Vending Airstream.
V. LICENSE TERM EXTENSION
A. The Parties may opt to extend this License for two one-year periods upon mutual consent without amendment of this License. In the event the Parties fail to agree on an extension of this License, it shall expire as set forth in Section II.
B. Beyond the Term described in Section II, above, or any extension of the Term, this License shall continue month-to-month until either Party sends the other Party a thirty 30) day termination notice.
VI. UTILITIES
Licensee will be responsible for payment of utilities. Water and sewer will be charged by DocuSign Envelope ID: 923F8788-E9E7-4E7D-9FEB-D4ACBDA3FB8F
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7 the City of Pismo Beach to the Licensee according to the City’s fee schedule. Electricity, gas, and security system costs will be charged to the Licensee based on actual costs.
Internet will be charged to the Licensee based on actual costs plus an additional amount to account for private usage. Garbage and telephone expenses are the responsibility of the licensee.
VII. LIABILITY INSURANCE
Licensee shall procure and maintain for the duration of the License insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Licensee’s operation and use of the licensed premises. The cost of such insurance shall be borne by the Licensee.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance for any employees of Licensee.
B. Minimum Limits of Insurance. Licensee shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Licensed property or the general aggregate limit shall be twice the required occurrence limit.
2. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Licensor. At the option of, the Licensor, either:
the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Licensor, its officers, elected and appointed officials, employees and volunteers; or the Licensee shall procure a bond guaranteeing payment of losses and related investigations and defense expenses in an amount equal to such deductible or self-insured retention.
D. Other Insurance Provisions. The general liability policy shall contain, or be endorsed to contain, the following provisions:
1. The Licensor, its officers, elected and appointed officials, employees and volunteers are to be covered as insureds as respects: liability arising out of premises owned, occupied or used by the Licensee. The coverage shall contain no special limitations on the scope of protection afforded to the Licensor, its officers, elected and appointed officials, employees or volunteers.
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8 2. The Licensee’s insurance coverage shall be primary insurance as respects the Licensor, its officers, elected and appointed officials, employees and volunteers. Any insurance or self-insurance maintained by the Licensor, its officers, elected and appointed officials, employees or volunteers shall be in excess of the Licensee’s insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Licensor, its officers, officials, employees or volunteers.
4. Coverage shall state that the Licensee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, returned receipt requested, has been given to the Licensor.
6. All insurance coverage maintained or procured pursuant to this License shall be endorsed to waive subrogation against Licensor, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow Licensee or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Licensee hereby waive their own right of recovery against Licensor.
7. 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 the Licensee maintains higher limits than the minimums shown above, the Licensor requires and shall be entitled to coverage for the higher limits maintained by the Licensee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Licensor.
E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best’s rating of no less than A: VII.
F. Verification of Coverage. Licensee shall furnish the Licensor with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided or approved by the Licensor.
G. Licensor’s Right of Enforcement. In the event any policy of insurance required under DocuSign Envelope ID: 923F8788-E9E7-4E7D-9FEB-D4ACBDA3FB8F
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9 this License does not comply with these specifications or is canceled and not replaced, Licensor has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Licensor will be promptly reimbursed by Licensee or Licensor will deduct such payments from the Security Deposit and require Licensee to return the Security Deposit to its full amount. In the alternative, Licensor may terminate the License for material breach.
VIII. INDEMNIFICATION
Except for the sole negligence or willful misconduct of Licensor, Licensee shall defend, indemnify and keep and hold Licensor, including Licensor’s elected officials, officers, employees and agents, their successors and assigns, harmless from any and all costs, liability, damage or expense (including costs of suit and fees and expenses of legal services) claimed by anyone by reason of injury to or death of persons, or damage to or destruction of property, including property of Licensee, sustained in, on or about the Licensed Premises or arising out of Licensee’s use or occupancy thereof, as a proximate result of the acts or omissions of Licensee, its employees and agents, or its contractors, licensees or invitees, their successors and assigns or arising out of the condition of the Licensed Premises, or any mechanic’s or materialman’s liens filed in connection with any work done on the Licensed Premises by or at the request or direction of Licensee.
Licensor shall, by appropriate, written notice to Licensee, advise Licensee as soon as practicable regarding any potential liability of Licensee under this Section IX. JANITORIAL SERVICES
Licensee shall provide routine janitorial service for the whole of the licensed premises sufficient to maintain the premises in a clean and sanitary manner.
X. REPAIRS AND REPLACEMENTS
A. Licensee shall be responsible for, and shall pay for, all routine maintenance and redecorating of the interior of the licensed premises.
B. Licensee shall, at their sole cost and expense, keep and maintain the inside of said premises and appurtenances and every part thereof, including windows, in good and sanitary order, condition, and repair, hereby waiving all right to make repairs at the expense of the Licensor as provided in Section 1942 of the Civil Code of the State of California, and all rights provided for by Section 1941 of said Civil Code. Licensor shall be permitted to remove or relocate the Vending Airstream in the event of pier maintenance upon thirty (30) calendar day’s written notice by the Licensor to Licensee. Licensor shall be permitted to remove or relocate the Vending Airstream at any time without notice in the event of an emergency that threatens the public health, safety or welfare. Licensee shall be entitled to no compensation for any loss or interruption of business, damages to contents, abatement of License Fee or other expenses of any kind during such time as the Vending Airstream is being moved or has been moved from its existing location.
Licensee’s sole recourse shall be an extension of the Term equal to the number of days DocuSign Envelope ID: 923F8788-E9E7-4E7D-9FEB-D4ACBDA3FB8F
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10 Licensee’s business is closed due to the relocation or removal of the Vending Airstream.
C. Licensee shall not make, or suffer to be made, any alteration of the said premises, or any part thereof, without the written consent of the Licensor first had and obtained.
Licensee shall keep the demised premise and the property in which the demised premises are situated free from any liens arising out of any work performed, materials furnished, or obligations incurred by Licensee. More specifically, Licensee shall not authorize or permit the imposition of any lien, security, or collateral obligation against any of said improvements. Failure by Licensee to remove or clear any such obligations within thirty 30) days after Licensee have or receive knowledge thereof shall be a material and actionable breach hereof.
XI. PARKING
Licensee shall have the non-exclusive right to utilize the existing pier parking areas to drop off and pick up inventory for the concession area. Nothing in this License shall entitle Licensee to free or discounted parking in violation of the Licensor’s paid parking requirements for the existing pier parking areas. The Licensee is allowed to drive, take deliveries or park on the pier or on the pier promenade plaza area in a City-approved ( approved by the Director of Public Works and the Police Chief) electric vehicle.
XII. POSSESSORY INTEREST
No fee interest in real property is hereby conveyed; however, by the execution of this License and accepting the benefits thereof, a property interest known as “possessory interest” may be created and such property interest will be subject to property taxation. Licensee, as the party to whom the possessory interest is vested, shall be responsible for the payment of all property taxes levied upon such interest. Licensee acknowledges that the notice required under California Revenue and Taxation Code Section 107.6 has been provided. Licensee shall be responsible for paying all personal property taxes with respect to Licensee’s personal property at the Licensed Premises.
XIII. ASSIGNMENT AND DEFAULT
Licensee shall not assign this License, or sublet the whole or any part of the premises, without the prior written consent of Licensor. Any attempt to do so shall be void, shall confer no rights on any third party, and shall be good cause for termination of this License by Licensor at its option. This License shall not be assignable by operation of law.
XIV. DESTRUCTION OF PREMISES- CONDEMNATION
If during the term of this License, the premises are damaged or destroyed by fire, act of God, condemnation or other cause, so as to render the premises unfit for occupancy, or so as to substantially prevent or impair Licensee’s use of the premises for intended purposes, then this License shall terminate upon the mutual agreement of the parties hereto.
DocuSign Envelope ID: 923F8788-E9E7-4E7D-9FEB-D4ACBDA3FB8F
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11 XV. DEFAULT BY LICENSEE
In addition to the foregoing provisions, each of the following shall be deemed a default by Licensee and a breach of this License:
A. Failure to make any payment of money to Licensor when due hereunder for a period of five (5) days after notice in writing to Licensee.
B. Failure to do, observe, keep and perform any of the other terms, covenants, conditions, agreements and provisions of the License on the part of the Licensee to be done, observed, kept and performed for a period of thirty (30) days after notice in writing to Licensee.
C. The abandonment of the premises by Licensee for a period in excess of thirty (30) days.
D. The filing of voluntary or involuntary petition in bankruptcy, or for reorganization, or for an arrangement for creditors by or against Licensee.
E. The making by Licensee of a general assignment, or any assignment for the benefit of their creditors.
F. The taking by Licensee of the benefit of any insolvency act or law.
G. The appointment of a receiver or trustee of the business or the assets of Licensee.
Should default be made in the maintenance and performance of any of the covenants herein contained, the Licensor, its agents or attorney may re-enter and take possession of said premises and remove all persons therefrom and at its option, terminate the License.
XVI. TERMINATION OF LICENSE
At the termination of this License, unless otherwise directed by Licensor in writing, Licensee shall remove the all furniture, appurtenances and supplies and restore the Vending Airstream to the same condition as the Vending Airstream was in at the inception of this License, normal wear and tear excepted.
XVII. NOTICES
Any notices, demands or communication, under or in connection with this License, shall be served upon Licensor by personal service, or mailing the same by certified mail in the United States Post Office, or postage prepaid, and directed to DocuSign Envelope ID: 923F8788-E9E7-4E7D-9FEB-D4ACBDA3FB8F
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12 Licensor at: Administrative Services Department
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
And shall be served on Licensee at: Rib Line by the Beach, LLC.
Dba Sunsets at Pismo
P.O. Box 1540
Pismo Beach, CA 93448
Either the Licensor or Licensee may change such address by notifying the other party in writing as to such new address as Licensee or Licensor may desire be used and which address shall continue as the address until further written notice.
XVIII. GENERAL PROVISIONS
A. Governing Law.
This License shall be governed, construed and interpreted by, through and under the Laws of the State of California. Any action or proceeding brought regarding this License shall be brought in the Superior Court of the County of San Luis Obispo, or in the United States District Court for the Central District of California. The prevailing party in any legal action or proceeding arising hereunder shall be entitled to its reasonable attorneys’ fees and court costs.
B. Successors
The provisions of this License shall extend to and be binding upon Licensor and Licensee and their respective legal representatives, successors and assigns.
C. Waiver
The waiver of any breach of any term, condition and/or obligation under this License shall not be construed as a continuing waiver of the same breach or a waiver if any subsequent breach. No custom or practice which may develop between the parties in the implementation or administration of the terms of this License shall be construed to waive or lessen any right to insist upon strict performance of the terms of this License Agreement.
XIX. TOTALITY OF THE AGREEMENT
This License terminates and supersedes all prior understandings or agreements on the subject matter hereof by and between Licensor and Licensee. This License may be modified only by a further writing that is duly executed by both parties. If any provision of the License is held to be invalid or unenforceable by a court of competent jurisdiction with respect to any party, the remainder of this License or the application of such provision to persons other than those as to whom it is held invalid or unenforceable shall not be affected, and each provision of this License shall be valid and enforceable to the fullest extent permitted by law. The parties acknowledge and agree that each of the parties DocuSign Envelope ID: 923F8788-E9E7-4E7D-9FEB-D4ACBDA3FB8F
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13 have been represented by counsel or has had full opportunity to consult with counsel and that each of the parties has participated in the negotiation and drafting of this License.
Accordingly it is the intention and agreement of the parties that the language, terms and conditions of this License are not to be construed in any way against or in favor of any party hereto by reason of the roles and responsibilities of the parties or their counsel in connection with the preparation of this License.
IN WITNESS WHEREOF, the Parties hereto have executed this License in duplicate originals as of the date first written herein above.
LICENSOR:
CITY OF PISMO BEACH
James R. Lewis, City Manager Date
LICENSEE:
Rib Line by the Beach, LLC Date Rib Line by the Beach, LLC Date Krystal Appiano Brian Appiano
ATTEST:
Erica Inderlied, City Clerk
APPROVED AS TO FORM:
David Fleishman, City Attorney
DocuSign Envelope ID: 923F8788-E9E7-4E7D-9FEB-D4ACBDA3FB8F 11/13/2020 11/20/2020
11/20/2020
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