PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.G
SUBJECT/TITLE:
ADOPTION (SECOND READING) OF AN ORDINANCE AMENDING CHAPTER 10.10
OF THE PISMO BEACH MUNICIPAL CODE REGARDING THE PAID PARKING ZONE RECOMMENDATION:
Adopt an Ordinance amending Chapter 10.10: Paid Parking Zone, of the City of Pismo Beach Municipal Code, relating to using parking funds for various purposes.
BACKGROUND:
On September 5, 2023 a majority of the City Council voted to introduce an ordinance (Attachment 1) that will amend Chapter 10.10 of the Pismo Beach Municipal Code to allow for the use of Parking Enterprise Funds to support parking functions and related public safety support of parking functions associated with and located within the Public Safety Facility; transportation and circulation improvements; and beautification and streetscape improvements in the Paid Parking Zone.
The agenda report for the September 5, 2023 agenda item, which includes background and analysis, is provided as Attachment 2.
Recommendation
Staff recommends that the Council adopt an ordinance (Attachment 1) that will amend Chapter 10.10: Paid Parking Zone, of the Pismo Beach Municipal Code, relating to using parking funds for various purposes. If the Council acts to adopt the Ordinance at this time, it will become effective by statute on November 2, 2023.
FISCAL IMPACT:
The fiscal impact of adopting the changes to the Paid Parking Zone ordinance would likely result in a projected $4.0 million from the Parking Enterprise Fund net income (available fund balance) to be used for the pay-as-you go payment in Fiscal Year 2024, an estimated ongoing $600 thousand per year for the first 10 years of the Public Safety Facility project, and then reduced to $300 thousand per year for years 11 to 20 of the borrowing term from future Parking Enterprise Fund net income to support the parking functions and related public safety support of parking functions with and located within the Public Safety Facility.
ALTERNATIVES:
1.Modify, and then introduce, the proposed Ordinance.
2.Do not introduce the Ordinance.
3.Provide staff with alternative direction.
ATTACHMENTS:
1.Ordinance as introduced
Council Agenda 10-3-2023 9.G-1
2.September 5, 2023 staff report
Meeting Date: October 3, 2023 Submitted by: Erica Inderlied, City Clerk Interim City Manager Approval:
Council Agenda 10-3-2023 9.G-2
ORDINANCE NO. O-2023-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 10.10: PAID PARKING ZONE, OF THE CITY
OF PISMO BEACH MUNICIPAL CODE, RELATING TO USING PARKING FUNDS
FOR VARIOUS PURPOSES
WHEREAS, on April 17, 2007 the City Council adopted Ordinance O-2007-03 (codified in Chapter 10.10 of the Pismo Beach Municipal Code) establishing a paid parking zone and the manner of collecting fees for use of City property within the paid parking zone; and
WHEREAS, the City Council’s decision in adopting the amended paid parking zone ordinance is to be able to use funds deposited in parking meters and kiosks to support parking functions and associated public safety support of the public safety facility; transportation and circulation improvements; and beautification and streetscape improvements in the Paid Parking Zone.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
Section 10.10.010 of the Pismo Beach Municipal Code is revised to read as follows:
10.10.010 Establishment of paid parking zone.
A.The parking of vehicles upon the streets, portions of streets, and off-street parking lots in this city, as hereinafter designated, within the paid parking zone as hereinafter described shall be controlled, regulated, and inspected with the aid of parking meters, and shall be governed by the provisions of this chapter. As used in this chapter, "parking meters" includes all devices intended to collect coins, currency, or other forms of payment for the privilege of parking a vehicle in the paid parking zone, including but not limited to parking meters and pay-and-display ticket dispensing stations.
This paid parking zone is hereby established and described as follows:
All that area of the city southwest of United States Highway 101 between the intersection of Dolliver and Price Streets on the northwest, and Addie Street, as extended from the Pacific Ocean to United States Highway 101, on the southeast.
Council Agenda 10-3-2023 9.G-3
Attachment 1
In the event no parking meters are installed regulating a parking space within such paid parking zone, then the maximum time for parking shall be as specified by Chapter 10.08 of this code or any ordinance or resolution of the city council.
B.The director of public works/city engineer shall cause parking meters to be installed and maintained within the paid parking zone and provide signage indicating the time limits and rate of fees for parking within the paid parking zone as authorized by city council resolution.
C.The coins, currency, or other payments deposited in parking meters as provided in this chapter are hereby levied and assessed as fees for the following purposes:
1. For the purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating, and policing of parking meters and pay-and-display stations in the city and for the payment of any and all expenses relating or incidental thereto.
2. For the purchasing, leasing, acquiring, improving, operating, and maintaining of off-street parking facilities in the city.
3. For the installation and maintenance of traffic control devices and signals, and transportation and circulation improvements.
4. For the painting and marking of streets and curbs required for the direction of traffic and the parking of motor vehicles.
5. For the proper regulation, control, and inspection of parking and traffic upon the public streets.
6. To be pledged as security for the payment of principal and interest on bonds issued by the city or for the payment of parking improvements lease payments to the Pismo Beach Public Financing Authority.
7. For transfer into the general fund to support the parking functions and related public safety support of parking functions associated with and located within the Public Safety Facility project.
8. For beautification and streetscape improvements in the Paid Parking zone.
Council Agenda 10-3-2023 9.G-4
Attachment 1
SECTION 3.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 4.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 5.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 6.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 5th day of September, 2023, on motion of Council Member Newton, seconded by Council Member Guthrie, and on the following roll call vote, to wit:
AYES: 5 Newton, Guthrie, Inman, Reiss, Waage
NOES: 0
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Council Agenda 10-3-2023 9.G-5
Attachment 1
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2023, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
Council Agenda 10-3-2023 9.G-6
Attachment 1
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
SUBJECT/TITLE:
INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING SECTION
10.10.010 OF THE PISMO BEACH MUNICIPAL CODE REGARDING THE PAID
PARKING ZONE
RECOMMENDATION:
Introduce an Ordinance amending Chapter 10.10: Paid Parking Zone, of the City of Pismo Beach Municipal Code, relating to using parking funds for various purposes.
BACKGROUND:
On April 17, 2007, the City Council adopted Ordinance O-2007-03 (codified in Chapter
10.10 of the Pismo Beach Municipal Code) establishing a paid parking zone and the manner of collecting fees for use of City property within the paid parking zone. This ordinance addressed the Council’s desire to ensure adequate parking for residents and visitors through the eventual construction or establishment of additional parking facilities.
Further, the ordinance provided the purposes for which the payments deposited in parking meters and kiosks could be used.
On May 2, 2023, City staff presented an update on the Public Safety Facility to the Council, which including a proposed funding plan based on the construction and construction-related costs. Based on a projected $53 million total project cost for the construction of the Facility, the General Fund is not able to support the project on its own.
As such, staff recommended and Council provided direction to allocate a proposed $4.0 million from the Parking Enterprise Fund net income (available fund balance) and an ongoing $600 thousand per year for the first 10 years of the project, reduced to $300 thousand per year for years 11 to 20 of the borrowing term, from future Parking Enterprise Fund net income. This, along with some other adjustments to the General Fund, would allow the City to financially support the Public Safety Facility. These amounts are approximate until the pre-construction, migration, construction-related costs, and the financial status of both the General Fund and Parking Enterprise Fund are known closer to the date of bond issuance.
At the May 2, 2023 meeting, staff indicated that a change to the Paid Parking Ordinance would need to be made. As part of this discussion, staff stated that using Parking Enterprise Fund net revenues to support the project would defer plans to construct a new parking garage. The Council provided direction to staff to proceed with the proposed funding plan, including bringing back a change to the Paid Parking Zone ordinance at a later date to allow for using the parking funds to support the Public Safety Facility.
In addition, staff proposes incorporating into the revised ordinance other uses of the parking funds to support transportation and circulation improvements, as well as beautification and streetscape improvements in the Paid Parking Zone.
Council Agenda 9-5-2023 12.A-1
September 5, 2023 Staff Report
Council Agenda 10-3-2023 9.G-7
Attachment 2
As currently enacted, the purposes for which the payments deposited in parking meters and kiosks could be used does not allow for: supporting the Public Safety Facility project; transportation and circulation improvements; or beautification and streetscape improvements in the Paid Parking Zone.
Conclusion and Recommendation
Staff recommends that the City Council introduce an Ordinance (Attachment 1) amending Chapter 10.10 of the Municipal Code to modify and add to the purposes of payments deposited in parking meters and kiosks to support parking functions and related public safety support of parking functions associated with and located within the Public Safety Facility; transportation and circulation improvements; and beautification and streetscape improvements in the Paid Parking Zone. If the Council acts to introduce the Ordinance as recommended, it will be returned for adoption at the next available meeting and will become effective by statute 30 days thereafter.
FISCAL IMPACT:
The fiscal impact of adopting the changes to the Paid Parking Zone ordinance would likely result in a projected $4.0 million from the Parking Enterprise Fund net income (available fund balance) to be used for the pay-as-you go payment in Fiscal Year 2024, an estimated ongoing $600 thousand per year for the first 10 years of the Public Safety Facility project, and then reduced to $300 thousand per year for years 11 to 20 of the borrowing term from future Parking Enterprise Fund net income to support the parking functions and related public safety support of parking functions with and located within the Public Safety Facility.
ALTERNATIVES:
1. Modify, and then introduce, the proposed Ordinance.
2. Do not introduce the Ordinance.
3. Provide staff with alternative direction.
ATTACHMENTS:
1. Draft Ordinance
Meeting Date: September 5, 2023 Submitted By
Nadia Feeser, Administrative Services Director
,QWHULPCity Manager Approval:
Council Agenda 9-5-2023 12.A-2
September 5, 2023 Staff Report
Council Agenda 10-3-2023 9.G-8
Attachment 2
ORDINANCE NO. O-2023-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 10.10: PAID PARKING ZONE, OF THE CITY
OF PISMO BEACH MUNICIPAL CODE, RELATING TO USING PARKING FUNDS
FOR VARIOUS PURPOSES
WHEREAS, on April 17, 2007 the City Council adopted Ordinance O-2007-03 (codified in Chapter 10.10 of the Pismo Beach Municipal Code) establishing a paid parking zone and the manner of collecting fees for use of City property within the paid parking zone; and
WHEREAS, the City Council’s decision in adopting the amended paid parking zone ordinance is to be able to use funds deposited in parking meters and kiosks to support parking functions and associated public safety support of the public safety facility; transportation and circulation improvements; and beautification and streetscape improvements in the Paid Parking Zone.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
Section 10.10.010 of the Pismo Beach Municipal Code is revised to read as follows:
10.10.010 Establishment of paid parking zone.
A. The parking of vehicles upon the streets, portions of streets, and off-street parking lots in this city, as hereinafter designated, within the paid parking zone as hereinafter described shall be controlled, regulated, and inspected with the aid of parking meters, and shall be governed by the provisions of this chapter. As used in this chapter, "parking meters" includes all devices intended to collect coins, currency, or other forms of payment for the privilege of parking a vehicle in the paid parking zone, including but not limited to parking meters and pay-and-display ticket dispensing stations.
This paid parking zone is hereby established and described as follows:
All that area of the city southwest of United States Highway 101 between the intersection of Dolliver and Price Streets on the northwest, and Addie Street, as extended from the Pacific Ocean to United States Highway 101, on the southeast.
Council Agenda 9-5-2023 12.A-3
Attachment 1
September 5, 2023 Staff Report
Council Agenda 10-3-2023 9.G-9
Attachment 2
In the event no parking meters are installed regulating a parking space within such paid parking zone, then the maximum time for parking shall be as specified by Chapter 10.08 of this code or any ordinance or resolution of the city council.
B. The director of public works/city engineer shall cause parking meters to be installed and maintained within the paid parking zone and provide signage indicating the time limits and rate of fees for parking within the paid parking zone as authorized by city council resolution.
C. The coins, currency, or other payments deposited in parking meters as provided in this chapter are hereby levied and assessed as fees for the following purposes:
1. For the purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating, and policing of parking meters and pay-and-display stations in the city and for the payment of any and all expenses relating or incidental thereto.
2. For the purchasing, leasing, acquiring, improving, operating, and maintaining of off-street parking facilities in the city.
3. For the installation and maintenance of traffic control devices and signals, and transportation and circulation improvements.
4. For the painting and marking of streets and curbs required for the direction of traffic and the parking of motor vehicles.
5. For the proper regulation, control, and inspection of parking and traffic upon the public streets.
6. To be pledged as security for the payment of principal and interest on bonds issued by the city or for the payment of parking improvements lease payments to the Pismo Beach Public Financing Authority.
7. For transfer into the general fund to support the parking functions and related public safety support of parking functions associated with and located within the Public Safety Facility project.
8. For beautification and streetscape improvements in the Paid Parking zone.
Council Agenda 9-5-2023 12.A-4
Attachment 1
September 5, 2023 Staff Report
Council Agenda 10-3-2023 9.G-10
Attachment 2
SECTION 3.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 4.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 5.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 6.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 5th day of September, 2023, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Council Agenda 9-5-2023 12.A-5
Attachment 1
September 5, 2023 Staff Report
Council Agenda 10-3-2023 9.G-11
Attachment 2
Approved:Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2023, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved:Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
Council Agenda 9-5-2023 12.A-6
Attachment 1
September 5, 2023 Staff Report
Council Agenda 10-3-2023 9.G-12
Attachment 2