PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page26 meeting,andthepublicwasnotprovidedpropernoticeandthereforedeniedtheopportunityto observeandparticipate,itisaBrownActviolation.
Keyconcept:Thesescenariosillustratethewayinwhichforeknowledgeofhowothermembersplanto votecanjeopardizeamember'sabilitytoactasafairandimpartialdecisionͲmaker,andunderminedue processfortheapplicantandotherparticipants,whoexpectthebodyanditsmemberstoconductopen, meritͲbaseddeliberations.RegardingfairandimpartialdecisionͲmaking,alsoseeDueProcess,page34. WhatisaQuorum?
Aquorumisthemajority(morethanhalf)ofthetotalnumberofestablishedmembersofabody, regardlessofwhetheranyseatsarevacant.Aquorummustbepresentinorderforameetingtobeheld oractiontobetaken.Ifamemberleavesduringthemeeting,resultinginthelackofaquorum,no furtherbusinessmaybeconductedandthemeetingmustbeimmediatelyadjourned. Ifamemberisabsent,canthememberstillvote?No.
Canmembersparticipatevirtually?
Generally,yes.Thereareanumberoflegalframeworkswithinwhichamembercanparticipatevirtually (knowntechnicallyasteleconferencing):
x Participationduringastateofdeclaredemergency:LegislationoriginallyenactedunderAB361 inresponsetotheCOVIDͲ19pandemicallowsanunlimitednumberofmemberstoparticipatein ameetingremotelyduringadeclaredstateofemergency,ifthereisanactualnexusbetween theemergencyandtheirneedtoberemote.Thisoptionissimpletoadminister,butstatesof declaredemergencyareveryuncommon.
x ParticipationunderAB2449for“emergencycircumstances”(suchasamedicalemergency)or “justcause”(suchasbeingawayoncityͲsanctionedtravel):Exercisingeitheroftheseoptions requiresadvancenoticetostaff,compliancemeasuresconductedpubliclyduringthemeeting, andislimitedtoonlyahandfulofusesperyear.Formoreinformation,seetheCity’sAB2449 TeleconferenceMeetingParticipationPolicy.Thisoptionisthemostworktoadministerforboth staffandthemember,andisconstrainedbybothcircumstanceandfrequency.
x Participationunder“traditional”teleconferencerules:PredatingthepandemicandZoomera, theBrownActhasaprovisionallowingamembertoparticipateremotely(originallyby telephone),providedtheirremotelocationisshownontheagendaitself,theagendaisposted andpubliccommentissolicitedattheremotelocation,andothercompliancemeasures.This optionissimplesttoadministerforstaff,butismoreworkforthememberandrequires disclosureoftheiraddress.
CanAdvisoryBodyMemberscommunicateviaemailortexttodiscussbusiness? ThenatureofemailandgrouptextconversationscanlenditselftoinadvertentBrownActviolations. WhiletwomembersofafiveͲmemberboard,forexample,mayappropriatelycommunicatewithone anotheraboutAdvisoryBodybusinessbytextmessage,theforwardingofsuchamessagetoathird memberwouldresultinaviolation.Or,whileit'sroutineforstafftosendanemailtoallmemberswith informationaboutanitem,amemberwhorepliestoallwithacommentaboutthemattercaneasily causeaBrownActviolation.Forthesereasons,emailandtextcommunicationamongmembersabout bodybusinessshouldbekepttoaminimum.
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2. ConflictofInterestRegulations
"Conflictofinterest"doctrineisthecommonͲsenseideathatapublicofficialcannotactimpartiallyand inthepublicinterestwhentheofficialhasafinancialorotherpersonalinterestinadecisiontobemade. Forthisreason,publicofficialsincludingAdvisoryBodymembersmustdeclinetoparticipateinany decisioninwhichtheyhaveamaterialfinancialinterestorotherbias. Whilethereexistsastigmaaroundtheconceptofconflictofinterest,itshouldbecarefullynotedthat theexistenceofconflictofinterest,inandofitself,isnotnecessarilyillegal.Conflictsofinterestare relativelycommoninacitythesizeofPismoBeach.TheMember'sconductwithregardtodisclosure anddisqualification,i.e.whethertheymakerequireddisclosuresandwhethertheydisqualify themselvesfromcertaindecisionswhenwarranted,iswhatdetermineswhethertheletterandintentof thelawhasbeenmet.Forthatreason,AdvisoryBodyMembersareencouragedtodevelopaworking familiaritywithapplicableregulationsandtheirunderlyingconcepts,andconsultwithstaffformore informationifneeded.
Conflictofinterestregulationscomprisenumerousstatelaws,regulations,andlegalopinions,the cornerstoneofwhichisthePoliticalReformAct(PRA).ThePRAandotherconflictofintereststatutes includingGovernmentCode§1090etseq.(contractsandselfͲdealing)aresummarizedherefor reference.
AB1234/EthicsTraining
AssemblyBill1234(CAGC§53234etseq.),adoptedin2005,stipulatesthatifalocalagencyprovides compensationtoanymemberofalegislative(BrownAct)body,allmembersoftheagency'slegislative bodiesmustreceiveethicstraining.Whilethetrainingisbilledas"ethics"trainingandcoversawide awayofethicalconsiderations,alargeportionofthecontentrelatestoconflictofinterestregulations. Seepage33fordetailedinformation.
GovernmentCode§1090etseq.
CAGC§1090stipulatesthatlocalpublicofficials,includingAdvisoryBodyMembers,shallnotbe involvedinthemakingofanycontractinwhichtheofficialhasafinancialinterest,andmaynotbea partytoanypurchaseorsalemadebytheofficialintheirofficialcapacity.Theserestrictionsare commonlyknownas"selfͲdealing"prohibitions.WhileAdvisoryBodiesdonothavethepowertobind theCitytocontractsormakepurchasingdecisions,theremaybeoccasionswhereanAdvisoryBodyor individualMembershaveanopportunitytodirectlyorindirectlyinfluencetheselectionofavendoror othercontractserviceprovider.
WhenbeginningAdvisoryBodyservice,Membersshouldcarefullyconsiderwhethertheyhaveany financialinterestinanyvendor,serviceprovider,oranyotherentityofthetypelikelytodobusiness withacity(i.e.providegoodsorservicestoacityinexchangeforpayment).Membersareencouraged tonotifystaffifanysuchfinancialtiesexist,andbevigilantinavoidinginvolvementinanykindof vendor/contractorselectionprocessesthatmayrelatetoafinancialinterest.(Additionally,thistypeof financialinterestmayneedtobedisclosedontheMember'sForm700). Severepenaltiesmayattachtoviolations,bothwillfulandinadvertent,ofGovernmentCode§1090, includingvoidingofthecontract,misdemeanororfelonycharges,andabanonholdingpublicoffice. GreatcautionshouldbeexercisedindeterminingwhetheranAdvisoryBodyMemberissufficiently disinterestedfromacontractwhichmaybemadebytheCity. Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page28 ContractswiththeCity
TheCityhasestablishedaprohibitiononAdvisoryBodyMembersactingasaconsultant,contractor,or othervendortotheCity,unlesstheCityAttorneydeterminesinadvancethattheMember'sfinancial interestinthearrangementiscompletelyunrelatedtotheMember'spurviewasanAdvisoryBody Member,andthatminimalornorisktotheCitywillbeincurred.Forthefullpolicy,seeSectionVII.B.6.
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page29 PoliticalReformAct
ThePoliticalReformActof1974wasadoptedbytheCalifornialegislatureinthewakeoftheWatergate scandal.ThecoreprincipleofPoliticalReformActisthatthefinancialaffairsofpublicofficialsmustbe transparentinordertoexposepotentialconflictsofinterest.Thistransparencyhelpsprevent improperlybiaseddecisionͲmaking,andallowsthepublictoevaluatewhetheranofficialissufficiently disinterestedintheirofficialdecisionͲmakingactivities. TheFairPoliticalPracticesCommission(FPPC)isthenonͲpartisanstateagencycreatedtopromulgate thePoliticalReformActandrelatedregulations,byprovidingadvice,holdinghearings,andpursuing enforcementactions.Asof2013,theFPPCalsohastheauthoritytoissueadviceandpursue enforcementactionsrelatingtoGovernmentCodeSection§1090(selfͲdealingprohibitions),although theseregulationsarenotpartofthePoliticalReformAct.TheFPPCalsoofferstheonlineethicstraining coursemostfrequentlyusedbyAdvisoryBodyMembers,althoughtheethicstrainingrequirementisnot partofthePoliticalReformAct.
ThePoliticalReformAct(CAGC§81000etseq.)regulatesvariousgroupsofCityofficialsdifferently: x Mostbroadly,Section87100etseq.oftheActsaysthatnopublicofficialshallparticipateina decisioniftheofficialhasaconflictofinteresttherein;thisregulationappliestoallelectedand appointedofficialsandstaff,fromstatetolocallevel. x Section87200oftheActstipulatesthatPlanningCommissionersaredirectlyregulatedinthe samemannerasCityCouncilMembersandtheCityManager,CityAttorney,andCityTreasurer (knownas"87200"filers).PlanningCommissionersareregulatedmorerigorouslythanother AdvisoryBodyMembersbecausePlanningCommissionsarerecognizedbystatelaw,andare granteddiscretionarypowertomakecertainlandusedecisionsthatarefinalifnotappealed. x TheActrequirestheCitytoadoptalocalConflictofInterestCode,whichidentifiesallotherCity officials,suchasAdvisoryBodyMembersandmanagementstaff,withenoughdecisionͲmaking authoritytobepotentiallysusceptibletoconflictsofinterest(knownas"Designated"filers).The City'sConflictofInterestCodeestablishestheForm700filingrequirementsfortheseofficials,as wellasotherlocalconflictofinterestpolicies.
x Inadditiontotheabove,theActappliestomostelectedofficialsandcertainappointedofficials throughoutstateandlocalgovernments,includingtheGovernor,districtattorneys,andcounty supervisors,andregulatescampaignfinancelimitationsanddisclosuresforallelections. TheprovisionsofthePoliticalReformActthatapplytoAdvisoryBodyMemberscangenerallybedivided intotwocomponents:disqualification,theprinciplethatpublicofficialswithdecisionͲmakingauthority mustnotparticipateinmakingdecisionsinwhichtheyhaveormayhaveafinancialinterest,and disclosure,whichrequirespublicofficialswithdecisionͲmakingauthoritytofiledisclosuresofcertain personalfinancialinterests.
Disqualification(AllCityOfficials)
"Nopublicofficialatanylevelofstateorlocalgovernmentshallmake,participateinmakingorinany wayattempttousehisofficialpositiontoinfluenceagovernmentaldecisioninwhichheknowsorhas reasontoknowhehasafinancialinterest."ThePoliticalReformActsetsforththisbroadtenet prohibitingallpublicofficialsfromactingincaseswheretheyhaveaconflictofinterest(afinancialtieto thedecisionbeingmade,asdefinedbythelaw).Notparticipatinginagovernmentaldecisiondueto conflictofinterestisknownas"disqualification."Thisgeneraldisqualificationrequirementappliestoall Cityemployees,contractstaff,volunteers,AdvisoryBodyMembers,CityCouncilMembers. Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page30 ThetypesoffinancialintereststhatconstitutedisqualifyingconflictsofinterestunderthePolitical ReformActaresetforthinCAGC§87103.Additionalprovisionsforinterpretingtheseregulations,such asdeterminingwhatconstitutesa"materialfinancialeffect,"arecontainedinFPPCRegulations(CATitle 2CCR§18700etseq.).Whatdistinguishesastatutorilyrecognizedconflictmaynotalwaysbeintuitive, andcarefulconsiderationiswarranted.Membersareresponsibleformakingtheirowndeterminations astowhentodisqualifythemselves,andstaffmaynotprovidelegaladviceastowhatconstitutesa conflictofinterest,howeverstaffisavailabletohelpMemberslocatepertinentregulations. CATitle2CCR§18700(a)setsforththis"BasicRule"fordeterminingwhetheraprohibitedconflictof interestexists.Parsingthewordingofthissection,ausefuldecisionͲmakingframeworkemerges: x Apublicofficialatanylevelofstateorlocalgovernment…(CAGC§82048) x …hasaprohibitedconflictofinterestandmaynotmake,participateinmaking,orinanyway useorattempttousehisorherofficialpositiontoinfluenceagovernmentaldecision…(CATitle 2CCR§18704)
x …whenheorsheknowsorhasreasontoknowheorshehasadisqualifyingfinancialinterest. x Apublicofficialhasadisqualifyingfinancialinterestifthedecisionwillhaveareasonably foreseeable…(CATitle2CCR§18701)
x …materialfinancialeffect…(CATitle2CCR§18702etseq.) x …distinguishablefromtheeffectonthepublicgenerally…(CATitle2CCR§18703) x …directlyontheofficial,orhisorherimmediatefamily…(CAGC§82029) x …oronanyfinancialinterest.(CAGC§87103;CATitleCCR§18700(c)(6)) MembersmaywishtousethirdͲpartypublicationssuchastheInstituteforLocalGovernment's UnderstandingtheBasicsofPublicServiceEthicsLawsasguidetounderstandingdisqualifyingfinancial interests.MembersareencouragedtoconsultwiththeFPPCforadviceinadvancewhenaformal determinationissoughtregardingtheabilitytoparticipateinaparticulardecision. RealPropertyConflicts
AcommontopicofconcernamongAdvisoryBodyMembersisconflictofinterestarisingfromreal propertyinterests.RealpropertyinterestisdefinedbyCAGC§87103,andstandardsfordetermining whetheraparticulardecisionwillhavea"materialeffect"onanofficial'srealpropertyinterestsareset forthinCATitle2CCR§18702.2.
Subjecttotheavailabilityofstaffresources,AdvisoryBodyMemberssubjecttotheseregulationswillbe providedwithmapsshowingparcelsoflandwithinthevicinityoftheirownrealpropertyinterests,to aidinmakingdeterminationsofmaterialfinancialeffectunderCATitle2CCR§18702.2. RecusalProcedure
WhenaMemberneedsordesirestodisqualifythemselvesfromanagendaitemduetoconflictof interest,theMemberisencouragedtonotifystaffasearlyaspossible,andtostillattendthemeeting. FollowingtheannouncementoftheitembytheChair,theMemberwillannouncethereasonfortheir recusalandleavethedaisbeforediscussioncommences.Membersaretechnicallypermittedtoremain intheaudienceforthedurationoftheitemandevenaddresstheirownbodyasamemberofthepublic, butonlytodiscusstheirpersonalinterestsintheitem.Membersareencouragedtocarefullyweighthe possibleperceptionofthisapproach,andaregenerallyencouragedtoleavetheroomfortheduration ofthediscussion.TherecusalprocedureforPlanningCommissionersissetforthinCAGC§87105andCA Title2CCR§18707;recusalproceduresforotherAdvisoryBodyMembers,assetforthineachbody's Bylaws,havebeenwrittentomirrortheseregulations. Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page31 Note:Recusaldiffersfromabstention,inwhichaMembervoluntarilydeclinestoparticipateinavotefor areasonotherthanconflictofinterest,anddoesnotneedtovacatetheirseatorannounceareasonfor theabstention.
Disclosure(Form700filers)
Inadditiontothedisqualificationrequirementsoutlinedabove,thePoliticalReformActusesproactive disclosureoffinancialinterestsasaprincipaltoolforachievingtransparency.Thecoreof"Disclosure" forpublicofficialsistheFPPCForm700,StatementofEconomicInterests.Generally,themoreauthority anofficialhas,thegreatertheirpotentialforconflictofinterest,andthemorepersonalfinancial intereststheymustdiscloseontheirForm700.Thisinformationhelpsthepublictoevaluatewhetheran officialissufficientlydisinterestedfromdecisionsmade. TheActrequiresthatPlanningCommissionersandotherSection87200filersfileaForm700disclosing financialinterestsheldineachrecognizedcategory(investments;realproperty;income,loans,& businesspositions;gifts;travelpayments).TheCity'sConflictofInterestCoderequiresthatother AdvisoryBodyMembersandcertainstaffdisclosefinancialinterestswithinasubsetoftheabove categories.Todeterminewhichtypesofinterestsmustbedisclosed,Membersshouldrefertothe ConflictofInterestCodetofindtheirbody's"DisclosureCategory." Theinvestmentsthatmustbedisclosedineachcategoryaregenerallylimitedtothosewithinthe official'sdecisionͲmakingjurisdictionorotherwisebearingontheofficial'sbusinesswiththeCity, howevercertainexceptionsapply.Eachtypeofinterestisreportedonaseparate"schedule"andthe instructionsincludedwitheachscheduleshouldbecarefullyconsidered. AllAdvisoryBodyMembersexceptTrafficSafetyCommitteeMembersmustfileForm700satthe followingintervals:
x An"AssumingOffice"Statement,due30daysfromtermstart o Reportsinvestments,interestsinrealproperty,andbusinesspositions,ifrequiredto disclose,heldondateofassumingoffice;andloans,gifts,andtravelpayments,if requiredtodisclose,heldwithintheyearprior
x AnnualStatements,dueeveryyearbeforeApril1
o ReportsfinancialinterestswithintheMember'sDisclosureCategoryheldduringthe priorcalendaryear,orbetweendateofassumingofficeandendofyear
x A"LeavingOffice"Statement,due30daysfromleavingoffice o ReportsfinancialinterestswithintheMember'sDisclosureCategoryheldbetweenthe mostrecentStatement(AssumingorAnnual)andthedateofleavingoffice NoteontheEffectofDisclosure
Whiledisclosureisacriticalmeasureofconflictofinterestcomplianceandtransparency,theactof disclosingaparticularfinancialinterest,initself,doesnotmitigateanyassociatedconflictofinterest. Forexample,ifaPRBCMemberdisclosesa20%ownershipinterestinalocalcorporationontheirForm 700,disclosureoftheconflictdoesnotrelievetheCommissioneroftheobligationtodisqualify themselvesifthebusinessappearsbeforethebodywithadevelopmentproposal.Inthesamevein, disclosingafinancialinterestthatisalreadyprohibiteddoesnotmakeitanylessprohibited.For example,ifaPlanningCommissionerhasaccepted$600ingiftsfromalocalbusinessinthepastyear, disclosingreceiptofthegiftontheCommissioner'sForm700doesnotmakeitlegaltohaveaccepted thegift(whichisoverthedollaramountlimitforCommissioners). Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page32 Prohibitions
Inadditiontothegenerallimitationthatnopublicofficialmayinfluenceadecisioniftheofficialhasa conflictofinterest,andtherequirementthatcertaintypesofinterestsmustbeproactivelydisclosed, othertypesoffinancial"interests"aresimplyprohibitedoutright.Notypeofdisclosureor disqualificationmakessuchinterestspermissible.Someprohibitions,includingreceivinggiftsabovea certaindollaramountandallhonoraria(speakingfees),applystatutorilytoPlanningCommissionersand other87200filersonly.However,allAdvisoryBodyMembersareencouragedtocomportthemselvesin accordancewiththeselimitationsintheinterestofmaintainingthehighestethicalstandards. Enforcement
Ifitisfoundthatapublicofficialhasfailedtodisqualifythemselvesfromparticipatinginadecisionin whichtheofficialhadaconflictofinterest,orfailedtoproperlydiscloseaninterest(includinglateor incompleteForm700filings),theofficialmaybesubjecttofinesbytheCity,foundguiltyofacrime,or besubjecttocivilpenalties.TheFPPCmayalsopursueadministrativepenaltiesandthesubjectaction maybeinvalidated.
NoteontheScopeofthePRA
WhilethePoliticalReformActispopularlysynonymouswiththeprincipleofconflictofinterestasit relatestopublicofficials,itshouldbenotedthattheActisonlyonepieceofthepuzzle."Conflictof interest"withinthemeaningoftheActisasetofdefinedfinancialconflicts,buttheActisnottheonly statutorysourceoffinancialconflictofinterestprohibitions.Further,whilefinancialconflictisatthe heartofconflictofinterestdoctrine,careshouldbetakentorecognizethatothertypesofconflicts,such asrealorperceivedpersonalbiases,havearealimpactonapublicofficial'sethics,whetherprohibited bystatuteornot.
PerceivedandCommonLawConflictsofInterest
InadditiontothedisqualificationrequirementthatexistswhenaMemberhasarecognizedfinancial conflictofinterestinadecision,Membersmustbemindfulof"perceived"and"commonlaw"conflicts ofinterest.Evenwhenanofficialdoesnothaveaconflictofinterestasdefinedbythelaw(statutory conflict),theMembermayhavesomeothernonͲfinancialconnectiontothedecisionathand,suchas beingpersonalfriendswithaprojectapplicant,whichmaycauseareasonablememberofthepublicto doubttheMember'sabilitytoconsiderthematterimpartially,andcompromisedueprocessforthe partiesinvolved.
AMemberwhoparticipatesinmakingadecisiondespitetheexistenceofanexternalfactorthatmay biastheirdecisionͲmakingislikelytoincurnegativepublicperception.Forthisreasonalone,the existenceofsuchnonͲfinancialconflictmaybesufficienttowarranttheMember'sdisqualification. Further,courtshaveattimesfoundapublicofficialtohaveactedimproperlydespitetheabsenceofa statutoryconflictofinterest,andattimesintheabsenceoffinancialinterestaltogether. TheCity'sCodeofEthics(SeeAppendix2:CodeofEthics)saysthatAdvisoryBodyMembersshallnot usetheirpositionstoinfluencedecisionswhich"whichmaygivetheappearanceofaconflictof interest,"ameasurethatassuresthepublicthatAdvisoryBodyMembersactimpartiallyandingood faithtothegreatestextent.
MiscellaneousProvisions
Additionalconflictofinterestregulationsincludeaprohibitiononpublicofficials,includingAdvisory BodyMembers,engagingin"incompatibleoutsideactivities"forcompensationorholding"incompatible offices."
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page33 x The"incompatibleoutsideactivities"prohibition(CAGC§1125etseq.)saysthatpublicofficials "shallnotengageinanyemployment,activity,orenterpriseforcompensationwhichis inconsistent,incompatible,inconflictwith,orinimicalto"theirdutiesasapublicofficialorthe functionsoftheCity.
x The"incompatibleoffices"prohibition(CAGC§1099)saysthatpublicofficialsmaynot simultaneouslyholdtwopublicofficesifthedutiesoftherespectiveofficesareinconflictwith oneanother,orifonepossessessupervisorypowerovertheother. Membersarealsosubjecttothe"revolvingdoor"limitation(CAGC§87407)underthePoliticalReform Actthat,priortoleavingoffice,apublicofficialmaynotusehisorherofficialpositiontoinfluenceany decisionrelatingtoapersonorentitywithwhomtheofficialisnegotiatingprospectiveemployment. Additionalinformationregardingtheseprovisionsmayberequestedfromstaff. ThemorewellͲknown"revolvingdoor"prohibitionthatapublicofficialwhohasleftanagencymaynot, foroneyearafterleavingoffice,bepaidtoappearbeforethatsameagencyinordertoinfluencecertain decisions(CAGC§87406.3)doesnotapplystatutorilytoAdvisoryBodyMembers.
3. EthicsLaws
Thefoundationofpublicserviceethicsistheideathatapublicofficialmustexercisethedutiesofhisor herofficeimpartiallyandforthebenefitofthepublic,ratherthanforthebenefitoftheofficial's personalinterests,andthatholdingofficedoesnotentitleanofficialtospecialadvantages.Aswith conflictofinterest,theregulationsthatcomprise"ethics"lawsaremanyandvaried,andthereisagreat dealofoverlapbetweenthetwodoctrines.Theethicslawsandprinciplesmostfrequentlyencountered byAdvisoryBodymembersareoutlinedbelow.
AB1234/EthicsTraining
AssemblyBill1234(CAGC§53234etseq.),adoptedin2005,stipulatesthatifalocalagencyprovides compensationtoanymemberofalegislative(BrownAct)body,allmembersoftheagency'slegislative bodiesmustreceiveethicstraining.Whilethetrainingisbilledas"ethics"trainingandcoversawide awayofethicalconsiderations,alargeportionofthecontentrelatestoconflictofinterestregulations. AB1234requiresthatsubjectofficialsreceivetwohoursofaccreditedethicstrainingwithintheirfirst yearofoffice,andanadditionaltwohoursatleastonceeverytwoyearsthereafter.Trainingcompletion certificatesmustbefiledwiththeCityClerk'sOffice,andarethenpostedintheCity'sonlinepublic recordsportal.
TheFPPC'sfreeonlineethicstrainingcourseisrecommendedforAdvisoryBodyMembers.Anaccount maybesetupat http://localethics.fppc.ca.gov andusedformultipletrainings.Trainingmaybe completedinmultiplesessions,butatotaloftwohoursormoreoftrainingtimemustbeshownonthe completioncertificate.Iftrainingtimeisundertwohours,thecertificatewillnotbeaccepted,anda supplementalcourseofinstructionmustbetaken.
LiveethicstrainingseminarsareperiodicallyavailablefromorganizationssuchastheLeagueof CaliforniaCities.Othervendorsmaybeutilizedforethicstraining;pleaseconsultwithstaffbefore choosinganalternativevendor.
AB1661/HarassmentPreventionTraining
AssemblyBill1661(CAGC§53237etseq.),passedin2016,requiresmembersofalocalagency's legislativebodiestoreceivesexualharassmentpreventionandeducationtraining,inadditiontothe existingrequirementthatpublicemployeesreceivesuchtraining.MembersoflegislativeAdvisory Bodiesmustreceiveatleasttwohoursofharassmentpreventiontrainingwithinsixmonthsoftaking Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page34 office,andagainatleasteverytwoyearsthereafter.Trainingcompletioncertificatesmustbefiledwith theCityClerk'sOffice,andarethenpostedintheCity'sonlinepublicrecordsportal. PeriodicAB1661onlinetrainingwebinarsandinͲpersontrainingseminarsareprovidedbyagenciessuch astheLeagueofCaliforniaCities.OccasionalinͲpersontrainingsessionsforCouncilandAdvisoryBody Members,organizedthroughtheCaliforniaJointPowersInsuranceAuthority,arealsoheldatvarious locationsinthecounty.AdvisoryBodyMembersmayalsoinquirewithstaffaboutattendingqualifying trainingsessionsatothertimesandlocations.Memberswhoreceiveharassmentpreventiontraining fromtheiremployerspursuanttoCAGC§12950.1mayrequestthattheiremployerͲprovidedtrainingbe consideredtosatisfythisrequirement.
BriberyandExtortion
Twoofthemostseriousviolationsofpublictrustoccurintheformofbriberyandextortion,forwhich penalties,includingprisontime,fines,andbansonholdingoffice,aresevere.Briberyinvolvesapublic officialacceptingmoneyorotherthingsofvalueinexchangeforfavorablevotesorexertingother favorableinfluence.Extortioninvolvesusingone'sstatusasapublicofficialtoimproperlyobtainspecial advantagesorperks.Lawsprohibitingbriberyandextortionarestrictlyenforced,andpublicperception ofthesephenomenaisextremelynegative;thuseventheremotestappearanceofsuchactivitiesmust bescrupulouslyavoided.
CityCodeofEthics
SeeAppendix2:CodeofEthics.
DueProcess
ThedoctrineofDueProcessgetsitsnamefromtheFifthandFourteenthAmendmentstotheUnited StatesConstitution,andhasitsphilosophicaloriginsinthe13thͲcenturyMagnaCarta.Whilelegal applicationofdueprocessrightsiscomplex,thespiritofthedoctrineisembodiedatthelocallevelina fewkeyprinciples,amongthemthat:
x Citizensareguaranteedfair,impartial,meritͲbasedconsiderationbydecisionͲmakers x Citizensareguaranteedtherighttotakeadvantageofallavailableproceduresoflaw, particularlybeforehavingtheirrightslimitedbythegovernment x Governmentalandjudicialentitieswillfollowthelaw Dueprocessisalsocommonlyconceivedas"therighttofairandunbiaseddecisionͲmakers."Advisory BodyMembersembodytheseprinciplesby:
x Treatingallmembersofthepublicequally(basedonmerit,freefrombias) x Interpretingapplicableregulationsconsistently
x BeingmindfuloffactorswhichmayinfluencedecisionͲmaking,specificallythepotentialfor personalgain
x Disqualifyingthemselvesiftheyeverfindtheyareunabletoactimpartially. PlanningCommissionersinparticular,becausetheypossesstheauthoritytoactashearingofficersand makebindingdecisions,mustdotheirutmosttobefairandimpartial,andavoidcapriceandbias,inthe executionoftheirduties.
Transparency
PublicofficialsincludingAdvisoryBodyMembershaveadutytoconducttheiractivitiesinatransparent manner.TheCaliforniaConstitutionprovidesthatthepublichas"therightofaccesstoinformation concerningtheconductofthepeople’sbusiness,and,therefore,themeetingsofpublicbodiesandthe Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page35 writingsofpublicofficialsandagenciesshallbeopentopublicscrutiny."Thistransparencyisameasure bywhichpublicofficialsearnthepublic'strust.ThefollowingaresomeofthewaysinwhichAdvisory Bodymembersadvancetheprincipleoftransparency:
x CooperationwithstaffoncompliancewithPublicRecordsActrequests x Sharingrecordsrelatedtotheconductofbusiness,suchascommunicationsreceivedfrom membersofthepublic,withstaff
x DisclosureoffinancialinterestsonForm700s
x Announcementoffinancialtiesthatgiverisetorecusals x HonoringBrownActrequirementsfor:
o Conductingdeliberationsonlyduringnoticed,publicmeetings o Permittingpublicaccessto,andparticipationin,meetings o Takingactiononlyonagendaitems
UseofPublicResources
Acommonethicalconsiderationforpublicofficialsistheresponsiblestewardshipofpublicresources (publicfunds,andthingsboughtorbuiltwithpublicfunds,includingthestafftimeofpublicemployees). Generallyspeaking,anyfrivoloususeofpublicresourcesisethicallyunsound,andthelawprescribes specificpenaltiesandprohibitionsforcertaintypesofmisuse. Daytoday,responsibleuseofpublicresourcesincludesrespectfuluseofstaff'stime,andcarein handlingmaterialssuppliedbytheCity.Inaddition,statutoryprovisionsincludeprohibitionsonuseof publicfundsandresourcesforpersonalpurposesorpoliticalpurposes.Specifically,publicresourcesmay notbeusedforadvocacyrelatedtoballotmeasuresorpoliticalcandidates,includingmassmailings whichgivetheappearanceofpromotingaparticularofficeholder.Formoreinformation,seePolitical Activity,page10,andCAGC§3201—3209.
4. MaddyAct
TheMaddyAct(CAGC§54970etseq.)declaresthevalueofcitizenAdvisoryBodies,stipulatesthe timingofNoticesofVacancyandappointmentsforunscheduledvacancies,andrequiresthatanannual rosterofAdvisoryBodymembershipinformation(the"MaddyList")beposted.TheCityClerk'sOfficeis responsibleforcomplyingwiththeseregulations.TheCityretainsauthoritytoadoptpoliciesand proceduresgoverningallotheraspectsofAdvisoryBodymembershipadministration.
5. PublicRecords
TheCaliforniaPublicRecordsAct(CPRA,CAGC§7920etseq.)providesthat,unlessexemptbylaw,the recordscreated,used,sent,received,orstoredbyallCityofficialsinthecourseofconductingCity businessarepublicrecords.EssentiallyallrecordsassociatedwiththebusinessoftheCity'sAdvisory Bodies(agendas,staffreports,minutes,resolutions,publiccomments,meetingrecordings)are unequivocallypublicinnature,andmostaremadereadilyavailableontheCity'swebsiteinorderto reducetheneedforthepublictofilerecordsrequests.Inaddition,AdvisoryBodyMember communicationssuchasemailsortextmessagestoorfromstafforthepublicarepublicrecords, regardlessofthedeviceoraccountusedtosendorreceivethem.(seeCaliforniaSupremeCourtrulingin CityofSanJosev.SuperiorCourt,2017).
InadditiontotheCity’sobligationtoreleasecopiesofmostcommunicationrecordsunderthePublic RecordsAct,anevengreaterdegreeofdisclosuremayberequiredinordertocomplywithasubpoena orlitigationdiscovery.Forthesereasons,AdvisoryBodyMembersmustexercisetactandcautionwhen communicatingaboutCitybusinessinwriting.
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page36 IntheeventtheCityreceivesapublicrecordsrequestthescopeofwhichincludesAdvisoryBody Membercommunications,Citystaffwillidentify,evaluateforexemptions,andreleaserecordsof communicationsstoredontheCity’semailserver(i.e.anyconversationinvolvingapismobeach.org domainemailaddress).StaffarethecustodiansoftheseAdvisoryBodyrecordsandresponsiblefor providingpublicaccesstothesameincompliancewiththePublicRecordsActandBrownAct. Inaddition,eachMemberwhomaypossessresponsivecommunicationssentorreceivedusinga personaldeviceoraccount(suchastextmessages,orGmailaccountcommunications)willbeaskedto searchtheirowndevice,provideanyresponsiverecordstoStaff,andsignanaffidavitdeclaringthatthe Memberhasconductedasearchingoodfaithandprovidedanyrelevantrecords.Membersare encouragedtocopystaffonsuchcommunicationsroutinely,inordertominimizethenumberofrecords thatneedtobeproducedfromapersonaldevicewhenarecordsrequestisreceived. UndertheBrownAct(seepage23),anyrecordprovidedtoorutilizedbyatleastamajorityofaBrown Actbodymustbemadeavailabletothepublic,unlessanexemptionapplies.Anywritten communicationrelatingtoCitybusinessthatisdeliveredtoamajorityofthebody,butnotcopiedto staff,shouldbeforwardedtostafftobeplacedinthepublicrecord. B.CityLawsandPolicies
WherestatelawdoesnotregulateaparticularaspectofAdvisoryBodyconstitutionoroperation,the CitymayestablishitsownlawsandpoliciesregulatingitsAdvisoryBodies.Citylawsareestablishedby CouncilOrdinance.CitypolicyisgenerallyestablishedbyCouncilResolution;toalesserextent, executivestaffmayestablishoperational(administrative)policieswithintheframeworkofformal Councilpolicy.
1.AttendanceRequirements
Localpoliciesrelatingtopermissibleattendanceratesareestablishedbyeachbody'sBylaws(seesection I.A.1above).Localpoliciesrelatingtodisciplinaryconsequencesforexcessiveabsenteeismareprovided inSectionVIII.A.
2.Bylaws
TheCounciladoptsandperiodicallyupdatesBylawsgoverningthepurpose,constitution,and parliamentarypracticesofeachlegislativeAdvisoryBody.Bylawssetfortheachbody'sduties, membershipparametersandattendanceexpectations,aswellasfineͲgrainedpolicyandprocedurefor electionofofficers(ChairandViceͲChair),voting,minutes,creationofcommittees,andmore. BylawsarereviewedbienniallybyeachAdvisoryBodyandanyrecommendationsforrevisionsthereto aremadetotheCouncil.AdvisoryBodyMembersarestronglyencouragedtobecomefamiliarwiththeir body'sBylaws,andtonotifystaffiftheBylawsappeartoneedanupdate.Appendix4:Linksto RegulationsandResourceswillbekeptcurrentwithlinkstothemostrecentlyͲadoptedBylawsforeach AdvisoryBody.
3.CityCode
TheCityCode,orMunicipalCode,istheCity'ssetoflocallaws,whichareadopted,revised,and repealedbyCouncilOrdinance.TheCityCodecontainsthefollowingprovisionsrelatedto administrationAdvisoryBodies.AllotherprovisionsforAdvisoryBodyadministrationareestablishedby Councilpolicyoradministrativepractice.
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page37 x Chapter2.20establishesthePlanningCommissionandspecifiesthenumberofmembers, eligibilityrequirements,termofoffice,andprocedureforremovalofmembers.CAGC§65100 requiresthattheCityassignthedutiesofits"PlanningAgency"inthismannerbyordinance. x Chapter12.16setsforththedutiesandgeneralcompositionoftheSpecialEventsCommittee andspecifiesthatitshallincludetwo"resident"membersappointedbytheCouncil.(Note:the SpecialEventsCommitteewasnotcreatedbyordinance.) x Chapter2.24stipulatesthat"…anypersonconvictedofafelonyshallbeineligibletoserve"ona CityAdvisoryBody.Convictionofafelonyduringtermofofficeisgroundsforterminationofthe Member.FurtherinformationisprovidedinSectionVIII. StaffmakesanefforttokeepAdvisoryBodyMembersapprisedofchangestoMunicipalCodethataffect AdvisoryBodies.IndividualCouncilOrdinancesarearchivedonlineatmayberesearchedbyvisiting www.pismobeach.org/accesspismo. Complete,codifiedregulationsareavailableonlineat www.pismobeach.org/municode.
4. CodeofEthics
ThePismoBeachCityCouncilhasestablishedaCodeofEthicstoarticulateexpectationsforlocalofficials andhelpassurethepublic’sconfidenceintheintegrityoflocalgovernment.InkeepingwiththeCity’s commitmenttoaboveͲparpublicservice,theCity'sCodeofEthicsrequires,inpart,thatCityCouncil MembersandAdvisoryBodyMembers:
x Complywithboththeletterandspiritofthelawsandpoliciesaffectingtheoperationsof government;
x Beindependent,impartialandfairintheirjudgmentandactions; x Usepublicofficeforpublicgood,notforpersonalgain; x Conductpublicdeliberationsandprocessesopenly,unlesslegallyconfidential,inanatmosphere ofrespectandcivility.
x AvoidinfluencingdecisionsinwhichtheMemberhas,ormayappeartohave,aconflictof interest.
Duringorientation,eachAdvisoryBodyMemberwillbeaskedtosigna"StatementofCommitment"to theCity'sCodeofEthics,tobekeptonfileduringtheirtermofoffice.SeeAppendix2:CodeofEthics.
5. ConflictofInterestCode
TheCity'sConflictofInterestCodeisaCouncilͲadoptedlocalpolicyonconflictofinterestregulationsfor localofficials.SeeConflictofInterestRegulations,page27,formoreinformation.
6. ContractswiththeCity
NoAdvisoryBodyMember,orentityinwhichaMemberhasafinancialinterest,maybeapartytoany agreementforprofessionalservicesortangiblegoodsexecutedbytheCity,orotherwiseactasa consultant,contractor,orvendortotheCity,normayanyAdvisoryBodyMemberparticipateinany decisionrelatingtosuchanagreement,unlesstheCityAttorneydeterminesinwritingthatthe Member'sfinancialinterestinsucharrangementissufficientlyremovedfromtheMember'sinfluenceor capacityasaCityofficialsuchthatnoconflictwiththeprovisionsofGovernmentCode§1090orother conflictͲofͲintereststatuteisforeseen,andthatminimalornorisktotheCityisanticipated. AnysuchdeterminationbytheCityAttorneyshallbemadeforthebenefitoftheCityonly,anddoesnot relievetheAdvisoryBodyMemberofanyresponsibilityfordeterminingtheirowndutiesandlimitations underapplicablelaw,orprovideanyimmunitytotheMemberintheeventoflegalactionrelatingtothe same.SeealsoSectionI.A.2formoreinformationaboutConflictofInterest. Attachment 5.A
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7. TrainingRequirements
AssemblyBills1234and1661donotprovideanypenaltiesforwhoofficialswhodonotcomplywith theirrequirementsforethicsorharassmentpreventiontraining,respectively.However,theCityhas adoptedlocalpenaltiesforAdvisoryBodyMemberswhodonotcompletetheirtrainingsinatimely manner.SeeSectionVIII.B.
8. OtherCityPolicies
Generallyspeaking,theCouncilResolutionadoptingeachAdvisoryBody'sBylaws(seeabove)isthe City'spolicystatementonthecompositionandadministrationofthebody.However,fromtimetotime theCouncilmayadoptotherResolutions,suchasthepoliciesonMembercompensation,andthis Handbook,thatrelatetoAdvisoryBodies.
StaffmakesanefforttokeepAdvisoryBodyMembersapprisedofchangestoCouncilpoliciesthataffect AdvisoryBodies.CouncilResolutionsarearchivedonlineatmayberesearchedbyvisiting www.pismobeach.org/accesspismo. Membersmayconsultstaffwithquestionsrelatingtoother applicablepolicies.
C. CulturalNorms
ThecultureofPismoBeachAdvisoryBodiesisoneofcivildiscussion,respectfulinterpersonal interactions,andanoverarchinggoalofdoingtheworkrequiredofthebodyefficiently,legally,andwith theinterestsoftheCityandthepublicmind.However,eachAdvisoryBodydevelopsacultureofitsown withregardtomattersnotdictatedbylaworCitypolicy.NewMembersareencouragedtoobserveand comportwithinternalnormsfortheirbody,andconsultwithstaffforanswerstoanyquestions.
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page39 VIII. ADMINISTRATIVEPOLICIES
A. Attendance
Theimportanceofregularattendanceatmeetingscannotbeemphasizedenough.BecauseAdvisory Bodiesmeetonlyperiodically,asmallnumberofabsencescanequatetomissingalargeportionofthe body'sworkfortheyear.Forexample,ifanAdvisoryBodymeetsonceeveryothermonth,anda Membermissestwomeetingsinayear,theMemberhasmissedoutonathirdofthebody'sactivities fortheyear.
EachAdvisoryBody'sBylawsspecifythemaximumnumberofmeetingsthatmaybemissedbyMembers ofthebody(seebelow)anddisciplinaryconsequenceswillresultfromexcessiveabsenteeism. AttendancerecordsareprovidedtotheCouncilfortheirinformationonaquarterlybasis.
1. PermissibleAbsencesperYear
ConferenceandVisitorsBureauBoard 3regularmeetings(ofapprox.11) ParkingAdvisoryCommittee2meetings(approx.4regular) Parks,RecreationandBeautificationCommission2meetings(ofapprox.6) PlanningCommission4regularmeetings(ofapprox.21)
2. DisciplinaryConsequencesforExcessiveAbsenteeism SeeSectionH.,Suspension;RemovalfromOffice,below. B. TrainingCompletion
ForthedurationofaMember'sterm,certaintrainingdeadlinesmustbemetonarecurringbasis. TrainingcompletionrecordsareforwardedtotheCouncilfortheirconsiderationonaquarterlybasis. Thedisciplinaryconsequencesdescribedbelowdonotpreemptanyotherlegalconsequencesthatmay resultfromaMember'sfailuretomeettheirtrainingrequirements.Belowarethetrainingdeadlines thatapplytolegislativebodymembers.Regulationsaresubjecttochangeandthislistmaynot necessarilybecomplete.AlsoseeSectionVIIformoreinformationabouttrainingregulations. x EthicsTraining(AB1234)
o TrainingCompletionCertificate(2hours)(withinoneyearfromtermstart) o TrainingCompletionCertificate(2hours)(atleastonceeverytwoyearsthereafter)
x HarassmentPreventionTraining(AB1661)
o TrainingCompletionCertificate(2hours)(within6monthsfromtermstart) o TrainingCompletionCertificate(2hours)(atleastonceeverytwoyearsthereafter)
1. DisciplinaryConsequencesforFailuretoTimelyCompleteTraining SeeSectionH.,Suspension;RemovalfromOffice,below. Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page40 C. Compensation
AdvisoryBodyMembersreceivecompensationasoutlinedbelow.2Thiscompensationisastipend(not employmentincome),andisintendedtooffsetincidentalcostsassociatedwithpreparingfor,attending, andtravellingtoandfrommeetings.Paymentismadeonanapproximatelyquarterlybasis.
ConferenceandVisitorsBureauBoard$25/meeting
ParkingAdvisoryCommittee$25/meeting
Parks,RecreationandBeautificationCommission$25/meeting PlanningCommission$50/meeting
SpecialEventsCommitteeNotcompensated
TrafficAdvisoryCommitteeNotcompensated
AdvisoryBodyMemberswishingtoreceiveastipendmustsubmitacompletedIRSFormWͲ9tothe City'sClerk'sOffice.MemberswishingtowaivetheirstipendshouldsubmitanemailtotheCityClerk constitutingtheirwaiver.WaiverofstipenddoesnotrelieveaMemberofstateͲmandatedtraining requirementsforcompensatedofficials.
Membersaregenerallynoteligibleforanyexpensereimbursementbeyondtheirapprovedstipend. D. Travel
Inverylimitedcases,Membersmaybeapprovedforreimbursementofexpensesassociatedwith travelingtotrainingorconferencesdirectlyrelatingtotheMember’sassignedpurview.Thelawstrictly regulatesthereimbursementofappointedpublicofficials’expenses;unlikeCityemployees,electedand appointedofficialsarenoteligibleforadvancepaymentoftravelexpenses.Anylegitimatetravel expenses(e.g.meals)mayonlybereimbursedafterthefact;substantiatedbyreceipts;andinamounts nottoexceedwhatwouldotherwisebetheapplicableperdiemamountfortheactivityanddestination. TravelpoliciesapplicabletoAdvisoryBodyMembersaresetforthintheCity’sPurchasingPolicyManual, adoptedbyCouncilResolutionRͲ2022Ͳ067orsupersedingresolution.CityͲsanctionedtravelistypically limitedtoPlanningCommissioners.Pleaseconsultwithstaffinadvanceregardingtravelexpenses. E. DualService
Asageneralpolicy,anapplicantshallnotbeappointedtoserveonmorethanonelegislative(Brown Act)AdvisoryBodyatanyonetime,howeveramemberofalegislativeAdvisoryBodymayserve concurrentlyonanonͲlegislativeAdvisoryBody(SpecialEventsCommitteeorTrafficSafetyCommittee). WhenacurrentMemberofalegislativeAdvisoryBodyappliesforserviceonanotherlegislativeAdvisory Body,theMemberwillautomaticallybedeemedtohaveresignedtheirpositionwithonebodyupon beingappointedtotheother.
F. InjuryandClaims
AdvisoryBodyMembersarenotCityemployeesandassucharenotentitledtomedicalinsuranceorany otherbenefitaffordedtoemployees.AdvisoryBodyMembersmustsignavolunteerwaiveragreeing
2RͲ2019Ͳ060
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page41 thataWorkers'CompensationclaimistheMember'ssolerecourseshouldtheMemberbeinjuredinthe courseoftheirCityduties.BysigningtheWaiver,theMemberagreesnottosuetheCity.Ageneral liabilityclaimprocessisavailabletoAdvisoryBodyMembers,inthesamemannerastoallmembersof thepublic,intheeventofpropertyͲrelatedlossoccurringinthecourseofduty. G.Recognition
TheCityCouncilgreatlyvalueseachindividualwhovolunteerstheirtimeandenergyservingtheCityon anAdvisoryBody.TheCityperiodicallyorganizesaVolunteerBanquetevent,StateoftheCityaddress, orsimilareventtoexpresstheCity'sappreciationforAdvisoryBodymembersandtheCity'smanyother volunteers.
Approximatelyquarterly,ameetingisheldwiththeMayor,MayorProTempore,ChairandViceͲChairof eachAdvisoryBody,andtheCityManagerorotherstaff,toreceiveanupdateonCityprojectsand initiatives,providingbroadercontextforeachbody’sdecisionͲmakingactivities. Typically,anAdvisoryBodyMemberwhohasservedatleastoneyearandisingoodstandingupontheir resignationortermexpiration,subjecttodeterminationoftheMayorand/orCouncil,willalsobe invitedtoreceiverecognitionfortheirserviceatafutureCityCouncilmeeting. H.ResignationfromOffice
AnAdvisoryBodyMemberwishingtoresignmustsubmitaletteroremailofresignationtotheCity Clerk.Ifnodateofresignationisprovided,resignationwillbedeemedeffectiveimmediatelyupon receipt.TheMemberwillthenberequiredtofileafinal,"LeavingOffice"StatementofEconomic Interests(Form700).
I.Suspension;RemovalfromOffice
MembersofAdvisoryBodiesserveatthepleasureoftheCouncilandmayberemovedwithorwithout causebytheCityCouncilatanytime,aslongastheactionisproperlyagendizedandtakeninopen session.OutlinedbelowaresomeofthespecificcircumstancesthatmayleadtoaMember’ssuspension ortermination(removalfromoffice),alongwithotherrelatedpolicyprovisions.Noneofthesespecific policyprovisionsisintendedtoabridgetheCityCouncil’soveralldiscretiontodismissanAdvisoryBody Memberforanyreason.
1.Definitions.
SuspensionofmembershipshallmeanthataMemberisnotpermittedtoattendmeetingsasamember ofthebodyorcollectanystipenduntilsuchtimethattheCouncilreinstatestheMember.Suspensionof membershipshallnotrelievetheMemberofanyotherdutyorregulationnormallyapplicabletothe Memberholdingoffice,suchasconflictofinterestprohibitionsorfinancialinterestreporting.Inthe eventamemberissuspendedatthetimetheirtermofofficeends,theMemberisnotdeemedtohave beenterminated.
TerminationshallmeanthattheMember'sseatisdeemedtobecompletelyvacated.Aterminated MembermaybeprohibitedfromfutureAdvisoryBodyservice,dependingonthecausefortermination.
2.ExcessiveAbsence;LeaveofAbsence.
IntheeventaMemberexceedsthepermissiblenumberofabsencesbyoneabsence,theCityCouncil shallbenotifiedbytheCityClerk’sOffice.Memberswhoincuradditionalabsenceswillbeaskedtomeet withtheMayorregardingtheirabilitytocontinuetoserve.IftheMayordeterminesthattheMember's excessiveabsenceswarrantit,theMayorwilldirecttheClerktoscheduleanagendaitemallowingthe Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page42 CityCounciltoconsiderinopensessionthedismissaloftheMember.Inthealternative,theCouncil,in opensession,maygrantaMemberadefinedleaveofabsencewithoutpenalty.
3. FailuretoTimelyCompleteTraining.
IntheeventaMemberfailstotimelycompleteethicstraining,harassmentpreventiontraining,orany othertrainingrequiredforAdvisoryBodyMembersbyfederal,state,orlocallaw,orbyCitypolicy,staff shallautomatically,administrativelytakethefollowingactions: x SuspensionofstipendpaymentswhenaMemberis3ormoremonthsoutofcompliance; x SuspensionofmembershipwhenaMemberis4ormoremonthsoutofcompliance. Uponcompletionoftrainingandsubmittalofevidenceofcompletion,staffshallautomaticallyreinstate theMember.
4. WorkplaceHarassment.
IntheeventaMemberisthesubjectofaninvestigationrelatingtoworkplaceharassment,staffmay,at itsdiscretiondependingonthenatureoftheallegations,administrativelysuspendtheMemberuntilthe conclusionoftheinvestigation.IntheeventtheMemberisfoundbyanindependentthirdͲparty investigatortohavecommittedunlawfulharassmentagainstaCityemployee,Cityofficial,City contractor,oranyotherpersoninthecourseoftheMember’sofficialconduct,theCityClerk’sOffice shallautomatically,administrativelyvacatetheMember’sseatand,within30days,bringbeforetheCity Councilareportonthevacancyseekingdirectiontofilltheseat.IntheeventtheMember’stermends 30daysorfewerfromthedateoftermination,theCityClerk’sOfficeshallnotifytheCouncilofthe terminationandfilltheseatasanyotherroutinevacancy. Terminationinaccordancewiththissectionshallbewithprejudice;thatis,theMembershallnotbe permittedtoreapplyforconsiderationforfutureservice.
5. FelonyConviction.
InaccordancewithPismoBeachMunicipalCodeSection2.24.010,intheeventtheCitybecomesaware ofcredibleevidencethataMemberhasbeenconvictedofanyfelonybeforeorduringtheMember’s termofoffice,theCityClerk’sOfficeshallautomaticallybringbeforetheCityCouncilanagendaitem recommendingthattheCouncilexerciseitsdiscretiontoterminatethememberandseekingdirectionto filltheseat.
Terminationinaccordancewiththissectionshallbewithprejudice;thatis,theMembershallnotbe permittedtoreapplyforconsiderationforfutureservice.
6. IneligibilitytoServe.
IntheeventaseatedMemberisdeterminedtobeineligibletoserveintheirappointedcapacitydueto failuretomeetobjectiveminimumqualifications,suchasresidencywithinthecity,oranyotherfactor notaddressedinSections2through5above,theCityClerk’sOfficeshallautomaticallybringbeforethe CityCouncilanagendaitemrecommendingthattheCouncileitherterminatethemember,orsuspend theMemberuntilsuchtimethatproofofeligibilityisdemonstrated.
7. PublicProceedings.
CityCouncilactionrelatingtothemembershipstatusofanyMembershallbeproperlyagendizedand conductedinopensessioninaccordancewiththeBrownAct,andactionbytheCounciltosuspendor terminateaMembershallbeapprovedbymajorityvote.BecauseAdvisoryBodyMembersarenot employees,theyarenotsubjecttotheprovisionsoftheBrownActallowingforClosedSession Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page43 discussionofemployeediscipline.TheMembershallbepermittedtoparticipateintheCityCouncil meetingproceedingsasanymemberofthepublic.
8. NoticetoMember;NoticetoCouncil.
IntheeventtheconsiderationofdisciplinaryactionagainstaMemberistobebroughtbeforetheCity Council,theCityClerk’sOfficeshallprovidedirectnoticebyemailtotheMemberoftheproceedings,no laterthanthepublicationdateoftheagendaforthemeetingwheretheactionisagendized.Shoulda Memberelecttoresignuponbeingnotifiedofpendingdisciplinaryaction,staffmaywithdrawany relatedagendaitempriortoconsiderationbytheCouncil,ifnootherCouncildirectionissought.Inthe eventthesuspensionorterminationofaMemberiseffectedbystaffinaccordancewiththissection, theCityClerk’sOfficeshallprovidedirectnoticebyemailtotheaffectedMemberassoonaspracticable. Intheeventstafftakesadministrativeactiontosuspend,terminate,orreinstateaMemberin accordancewiththissection,staffshallprovidenoticebyemailtotheCityCouncilassoonas practicable,exceptwhendoingsowouldendangertheintegrity,orsuccessfulcompletion,ofan investigation.
9. Noappeal.
ThedecisionoftheCityCouncilorstafftosuspendorterminateaMembershallbefinal,andthereshall benoappealmechanism.
J. Technology
Generallyspeaking,AdvisoryBodyMembersarenotgrantedaccesstooruseofCityequipment, devices,oraccounts.PlanningCommissionersareassignedaCitydomain(@pismobeach.org)email address.PlanningCommissionersareallowedaccesstoCityemailviawebbrowser(webmail),and personalsmartphoneapplication,butarenotprovidedcredentialstoaccessanyothernetwork resources.
PlanningCommissionersshouldalwaysuse,orcopy(cc:),theirCityemailaddresswhencommunicating regardingCitybusiness.AdvisoryBodyMemberswithoutCityemailaddressesareencouragedtoalways copyastaffmember(butnototherAdvisoryBodyMembers)whencommunicatingregardingCity business.Theseapproachesensurethatpublicrecordsofcommunicationsarealreadyavailableinthe City'sfilesifrequested,anddonotneedtobeproducedbytheAdvisoryBodyMemberintheeventofa recordsrequest.
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page44 IX. ADVISORYBODIES
x Conference&VisitorsBureauBoard
x ParkingAdvisoryCommittee
x Parks,Recreation&BeautificationCommission
x PlanningCommission
x SpecialEventsCommittee
x TrafficSafetyCommittee
Thefollowingsectioncontainsarestatementofthepurpose,duties,membershipqualifications, meetingschedule,andotherinformationforeachAdvisoryBody,assetforthintheCouncilͲadopted Bylaws.Inaddition,milestonesinCouncillegislationestablishingandamendingeachbodyarenotedfor quickreference.Membersareencouragedtofamiliarizethemselveswiththeirbody'scompleteBylaws, whicharelinkedineachsection.
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page45 X. CONFERENCE&VISITORSBUREAUBOARD(CVBB)
&LODGINGBUSINESSIMPROVEMENTDISTRICTBOARD(LBIDBoard) Legislative/BrownActBody?Yes
Bylaws:ResolutionRͲ2020Ͳ011
1. Eligibility
EachMemberoftheCVBBoardshallbearesidentofPismoBeachoracommercialpropertyowneror businessowneroragentofthesame.Membersshallhavedirectexperienceandprofessionalinterestin increasinglocalbusinessbypromotingPismoBeachtoleisuretravelers,guidingmarketingefforts directedtowardconsumerandtouroperators,coordinatingpublicrelations,visitorinformation,and developingmarketingandadvertisingprograms.
NumberofMembers:5
2. Purpose
AstheExecutiveBoardofthePismoBeachConference&VisitorsBureau,theCVBBoardexiststo furtherthemissionoftheCVBtobuildovernightvisitorrevenues,aswellasdestinationawareness,by consistentlypromotinganidentifiable,effective,ongoingtargetedpromotionalmessage,andserveas thevoiceofPismoBeachtourisminpartnershipwiththediverseactivitiesoftheChamberof Commerce,thePismoBeachHospitalityAssociation,andthecommunityatlarge.
3. DutiesandResponsibilities
A.ToreviewandmakerecommendationstotheCityCouncilconcerningthehiringofprofessional services,contracts,budgets,policiesandoperatingguidelinesthatrelatetotheoverallCVBworkeffort toattracttourists,tourgroups,andconferencegroupstocometoPismoBeach,tomarketandadvertise PismoBeach,andprovidepublicrelations,tradeshowandmarketingservicesthatwilleffectively promotePismoBeachtourismforthespecificpurposeofgeneratingincreasedtransientoccupancyand retailsaleswithintheCityofPismoBeach.
B.ToprovidedirectiontostaffontheexpenditureoffundsintheCouncilͲadoptedCVBMarketing Budget.
4. Terms/Limits
TwoyearͲterms,withnotermlimits.
5. Meetings&Attendance
MeetingsareheldthethirdWednesdayofeachmonthat3:00p.m.MeetingsareheldintheCouncil ChamberatCityHallunlessotherwisenoticed.Julymeetingsandothermeetingsproximatetoholidays maybecancelled.Occasionalspecialmeetingsmaybescheduledasneeded.Membersmaymissno morethan3regularmeetingsperyear.
6. EstablishmentandLegislativeHistory(abridged)
x June7,1994:OriginallyestablishedbyRͲ1994Ͳ051
x October17,2017:ReͲestablishedandBylawsrevisedbyRͲ2017Ͳ092 x March5,2019:BylawsrevisedbyRͲ2019Ͳ014
x August20,2019:StipendsetbyRͲ2019Ͳ060
x February4,2020:BylawsrevisedbyRͲ2020Ͳ011
x November7,2023:BylawsrevisedbyRͲ2023ͲXXX
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7. SpecialNotes
TheCVBBoardalsoservesastheCity'sLodgingBusinessImprovementDistrict(LBID)AdvisoryBoard (seePBMCChapter3.26).TheBoard'sBylawsdonotreflecttheLBIDdutiesbecausetheLBIDBoardisa differentlegalentity.LBIDdutiesincludepreparinganannualreportofLBIDassessmentsimposed,for CityCouncilapprovalinAprilofeachyear,andmakingrecommendationsontheuseofLBIDassessment revenues.
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page47 XI. PARKINGADVISORYCOMMITTEE(PAC)
Legislative/BrownActBody?Yes
Bylaws:ResolutionRͲ2020Ͳ012
1. Eligibility
1.EachMemberofthePACshallhavedemonstratedinterestin,andknowledgeof,PismoBeach parkingissues;
2.AtleastthreeMembersshallberesidentsofPismoBeach;and
3.NomorethantwoMembersmaybeindividualswhoarenotresidentsofPismoBeach,provided theyareowners/operatorsofbusinesseswithinPismoBeachcitylimits. NumberofMembers:5
2. Purpose
ThePACisabodyofcommunitymemberscreatedtoadvisetheCityCouncilonparkingͲrelatedissues withinPismoBeachcitylimits.
3. DutiesandResponsibilities
ThePACshallhavetheability,asvestedbytheCityCouncil,andberequired: A.ToactasanadvisorycommitteetotheCityCouncilwithrespecttoimplementationofanoverall ParkingManagementProgram;
B.ToactasanadvisorycommitteetotheCityCouncilwithrespecttoparkingissueswithinPismo Beach;
C.Toactasacommunityforumtohearrequestsfromthepublicregardingtheoperationand maintenanceofparkinglotsandprogramswithinPismoBeach; D.Tomaintainadequateliaisonwithothercommittees,agenciesanddistricts;and E.ToadviseCouncilastoothermattersupontheCouncil’srequest.
4. Terms/Limits
TwoyearͲterms,withnotermlimits.
5. Meetings&Attendance
MeetingsareheldthefourthWednesdayofeverythirdmonth(quarterly)at9:00a.m.(January,April, July,andOctober.)MeetingsareheldintheCouncilChamberatCityHallunlessotherwisenoticed.July meetingsandothermeetingsproximatetoholidaysmaybecancelled.Occasionalspecialmeetingsmay bescheduledasneeded.Membersmaymissnomorethan2meetingsperyear.
6. EstablishmentandLegislativeHistory(abridged)
x February6,2007:OriginallyestablishedbyRͲ2007Ͳ009 x February17,2015:ReducedtoquarterlymeetingfrequencybyRͲ2015Ͳ009 x October17,2017:ReͲestablishedandBylawsrevisedbyRͲ2017Ͳ093 x March5,2019:BylawsrevisedbyRͲ2019Ͳ015
x August20,2019:StipendsetbyRͲ2019Ͳ060
x February4,2020:BylawsrevisedbyRͲ2020Ͳ012
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7.SpecialNotes
TheChamberofCommerceͲappointedseat,prescribedbytheCouncilwhenthePACwasoriginally established,wasconvertedtostandard,publicseatinOctober2017. Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page49 XII. PARKS,RECREATIONANDBEAUTIFICATIONCOMMISSION(PRBC) Legislative/BrownActBody?Yes
Bylaws:ResolutionRͲ2020Ͳ013
1. Eligibility
EachMemberofthePRBCshallbearesidentofthecityofPismoBeachatthetimeofappointmentand duringtheentiretermofservice.
NumberofMembers:5
2. Purpose
ThePRBCisabodyofcitizenscreatedtoadvisetheCityCouncilinallmatterspertainingtoparks,public recreation,access,openspace,trails,andcommunitybeautification.
3. DutiesandResponsibilities
A.Tomakerecommendationsand/ortakeactiontoassisttheCityCouncilinachievingitsstated goalspertainingtoparks,publicrecreation,access,openspace,trails,andcommunity beautification.
B.Togatherpublicinputonallmatterspertainingtoparks,publicrecreation,access,openspace, trails,andcommunitybeautification,andtocooperatewithothergovernmentalagenciesand civicgroupsfortheenhancementofvisualqualityandtheadvancementofsoundparksand recreationplanningandprogramming.
C.TorecommendpoliciesandfeesforparkandrecreationservicesforapprovalbytheCityCouncil andinterpretthesepoliciesandfeestothepublic.
D.Toencourageindividualsandcitizengroupstovolunteereffort,time,andresourcesforthe developmentandoperationofrecreationandparkfacilitiesandatalltimesgenerallyenlist communityinterestinrecreationandparks.
E.TorecommendtotheCityCouncilthedevelopmentofrecreationalareas,parks,facilities, programsandimprovedrecreationservices.
F.TorecommendtotheCityCounciltheadoptionofstandardsconcerningparks,recreation, access,openspace,andtrailswithrespecttoareas,facilities,programsandimprovedrecreation services.
G.ToadviseParksandRecreationstaffinthepreparationoftheannualparksmaintenance,park improvement,andrecreationprogrambudgetsandrecommendlongͲrangeparkandrecreation facilitiesimprovements.
H.TorecommendtotheCityCouncilrulesandregulationsgoverningtheuseofrecreationareas andfacilitiesconsistentwithordinancesoftheCityforthesafeandappropriateuseofCityparks andfacilities.
I.ToreviewandmakerecommendationsonlandscapeplansforpublicrightsͲofͲway,parks,major subdivisions,publicproperties,andotherprojectsonreferralfromtheCityCouncilorthe PlanningCommission.
J.Toidentifyandrecognizeeffortstoimprovethevisualqualityofthecommunity. Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page50 K.Toreviewpublicartconcepts,selectadͲhocreviewcommittees,holdhearings,make recommendationstotheCityCouncil,andotherdutiesrelatedtotheCity'sPublicArtProgram. L.Todeviseprocessesand/orprovideoversightforspecialprojects,oraspectsofprojects,thatfall underthecategoryofpublicartorenhancementofCityvisualquality.
4. Terms/Limits
TwoyearͲterms,withnotermlimits.
5. Meetings&Attendance
MeetingsareheldthefirstThursdayofeveryothermonthat6:00p.m.(January,March,May,July, September,andNovember.)MeetingsareheldintheCouncilChamberatCityHallunlessotherwise noticed.Julymeetingsandothermeetingsproximatetoholidaysmaybecancelled.Occasionalspecial meetingsmaybescheduledasneeded.Membersmaymissnomorethan2regularmeetingsperyear.
6. EstablishmentandLegislativeHistory(abridged)
x August25,1969:OriginallyestablishedbyOͲ135
x September5,2017:ReͲestablishedbyRͲ2017Ͳ076
x October17,2017:BylawsrevisedbyRͲ2017Ͳ094
x March5,2019:BylawsrevisedbyRͲ2019Ͳ016
x August20,2019:StipendsetbyRͲ2019Ͳ060
x February4,2020:BylawsrevisedbyRͲ2020Ͳ013
x November7,2023:BylawsrevisedbyRͲ2023ͲXXX
x
7. SpecialNotes
TheParks,RecreationandBeautificationCommissionwasremovedfromtheMunicipalCodeandreͲ establishedbyResolutionin2017tofacilitateeasierupdatestothebody'sregulationswhenwarranted. ThePRBCwasoriginallycodifiedin1969whenitwascommonpracticetocreatelegislativebodiesby Ordinance;sincethattime,establishingsuchbodiesbyResolutionhasbecomethenorm.
Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page51 XIII. PLANNINGCOMMISSION(PC)
Legislative/BrownActBody?Yes
Bylaws:ResolutionRͲ2020Ͳ014
1. Eligibility
EachMemberorthePlanningCommissionshallbearesidentofthecityofPismoBeachatthetimeof appointmentandduringtheentiretermofservice.
NumberofMembers:5
2. Purpose
ThePlanningCommissionisabodyofcitizenscreatedtoadvisetheCity’sCommunityDevelopment DepartmentandtheCouncil.
3. DutiesandResponsibilities
A.Toprepare,periodicallyreview,andrevise,asnecessary,theGeneralPlan. B.ToimplementtheGeneralPlanthroughactionsincluding,butnotlimitedto,theadministration ofSpecificPlansandZoningandSubdivisionOrdinances. C.ToannuallyreviewtheCity'sCapitalImprovementProgramforconsistencywiththeGeneral Plan.
D.Toendeavortopromotepublicinterestin,commenton,andunderstandingoftheGeneralPlan, andregulationsrelatingtoit.
E.Toadvisepublicofficialsandagencies,publicutilitycompanies,civic,educational,professional andotherorganizations,andcitizensgenerallyconcerningimplementationoftheGeneralPlan. F.Topromotethecoordinationoflocalplansandprogramswiththeplansandprogramsofother publicagencies.
G.PerformotherfunctionsastheCouncildirects,includingconductingstudiesandpreparingplans otherthanthoserequired.
4. Terms/Limits
TwoyearͲterms,withnotermlimits.
5. Meetings&Attendance
MeetingsareheldthesecondandfourthTuesdaysofeachmonthat6:00p.m.Meetingsareheldinthe CouncilChamberatCityHallunlessotherwisenoticed.Julymeetingsandothermeetingsproximateto holidaysmaybecancelled.Occasionalspecialmeetingsmaybescheduledasneeded.Membersmay missnomorethan4regularmeetingsperyear.
6. EstablishmentandLegislativeHistory(abridged)
x December16,1946:OriginallyestablishedbyOͲ009
x October17,2017:BylawsrevisedbyRͲ2017Ͳ095
x March5,2019:BylawsrevisedbyRͲ2019Ͳ017
x August20,2019:StipendsetbyRͲ2019Ͳ060
x February4,2020:BylawsrevisedbyRͲ2020Ͳ014
x November7,2023:BylawsrevisedbyRͲ2023ͲXXX
Attachment 5.A
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7. SpecialNotes
ThePlanningCommissionistheonlyAdvisoryBodyestablishedbyOrdinanceinpartbecausetheCityis requiredbystatestatute(CAGC65100etseq.)toestablishits"PlanningAgency"byOrdinance.The PlanningCommissionistheonlyAdvisoryBodywhoseMembersaredirectlyregulatedbythePolitical ReformAct(CAGC§81000etseq.).
Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page53 XIV.SPECIALEVENTSCOMMITTEE(SEC)
Legislative/NonͲBrownActBody?No
Bylaws:None
1.Eligibility
EachResidentMemberoftheSECshallbeaPismoBeachresident.
2.NumberofMembers
2ResidentMembers,plusstaffrepresentativesfromvariousCitydepartments,andaChamberͲ appointedrepresentativefromtheChamberofCommerceBoard. PerPismoBeachMunicipalCodeSection12.16.020:"Inordertoassureworkingrepresentationfromall appropriatesegmentsofthecitygovernmentandtoprovideeffectivedeliberationofallimpacting events,theSECconsistsofmembersfromvariouscitydepartmentsthatsupportandregulatespecial events,suchas,Administration,Police,Fire,PublicWorks,CommunityDevelopment,Conferenceand VisitorsBureau,PismoBeachChamberofCommerceandtwomembers,appointedbytheCityCouncil, whoareresidentsofthecityofPismoBeach."
3.Purpose
TheSpecialEventsCommitteeisauthorizedtocarryouttheprovisionsofthespecialeventspoliciesand Citymunicipalcodes(PBMC12.16.020).
4.DutiesandResponsibilities
TheSECwillreviewallSpecialEventapplicationsandmakerecommendationstotheCityManager,who willreviewtherecommendationsoftheCommitteeandtheapplicant'scompliancewiththepermitting proceduresandmaintaintheultimateapprovalauthority.(PBMC12.16.020)Dutiesalsoinclude providingcertainlogisticalandsafetyoversighttoapprovedevents.
5.Terms/Limits
TwoyearͲterms,withnotermlimits.
6.Meetings
MeetingsareheldthefourthTuesdayofeverymonthat9:00a.m.Meetingsareheldinthe AdministrationConferenceRoomatCityHallunlessotherwisenoticed.Julymeetingsandother meetingsproximatetoholidaysmaybecancelled.Occasionalspecialmeetingsmaybescheduledas needed.
7.EstablishmentandLegislativeHistory(abridged)
x Originallyestablishedbystaffinearly1994
x June17,2003:CouncilMinuteOrdertoaddtwo"resident"memberstotheSEC x April15,2003:CertainregulationsrestatedinOͲ03Ͳ01 x March4,2014:Termssetto2yearsbyRͲ2014Ͳ018
8.SpecialNotes
TheSECisadvisorytotheCityManager,ratherthantheCityCouncil.
Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page54 XV. TRAFFICSAFETYCOMMITTEE(TSC)
Legislative/BrownActBody?No
Bylaws:None
1. Eligibility
EachResidentMemberoftheTrafficSafetyCommitteeshallbeaPismoBeachresident.
2. NumberofMembers
3ResidentMembers,plusstaffrepresentativesfromvariousCitydepartments
3. Purpose
TheTSCevaluatesandhelpsaddresstrafficsafetyissueswithinPismoBeach.
4. DutiesandResponsibilities
TheTSC’smajordutiesare:
A.ToreviewanddiscusstrafficsafetyͲrelatedconcernssubmittedbythepublic,andapprisethe complainantoftheCommittee'sfindings
B.TodiscusstrafficsafetyͲrelatedconcernsraisedbystaff C.ToforwardrecommendationsontrafficsafetyactionitemswarrantingCouncilaction D.TodirectlyaddresstrafficsafetyactionitemsnotrequiringCouncilaction
5. Terms/Limits
TwoyearͲterms,withnotermlimits.
6. Meetings
MeetingsareheldthesecondThursdayofthemonthat10:30a.m.,quarterly,asneeded.Meetingsare heldintheAdministrationConferenceRoomatCityHallunlessotherwisenoticed.Julymeetingsand othermeetingsproximatetoholidaysmaybecancelled.Occasionalspecialmeetingsmaybescheduled asneeded.
7. EstablishmentandLegislativeHistory
x Originallyestablishedbystaffatanunknowndatepriorto1991 x June17,2003:CouncilMinuteOrdertoadda"citizen"member,withaoneͲyearterm. x April2016:TSCactiontoextendthecitizenmembertermlengthtotwoyears. x February14,2023:CouncilMinuteordertodirectstafftoaddasecondresidentseat. x February21,2023:CouncilMinuteordertodirectstafftoaddathirdresidentseat.
8. SpecialNotes
TheTrafficSafetyCommitteewascreatedbystaffsometimepriorto1991.In2003,theCityCouncil actedtoadda"citizen"membertothebody,whichhashistoricallybeeninterpretedbystafftomeana residentmember.DuetothelimitationsofSB225(2019),citizenshipstatusmaynotbeusedasa qualifyingfactorforadvisorybodyservice,andtheseatisnowknownasa“resident”memberseat.In April2016,theTSCactedtoextendthecitizenmembertermlengthtotwoyears,commensuratewith thetermlengthforallotherAdvisoryBodies.
Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page55 XVI. APPENDICES
1. GovernmentOrganizationandOperations
2. CodeofEthics
3. OathofOffice
4. LinkstoRegulationsandOtherResources
5. ConflictsandDisclaimer
Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page56 XVII. APPENDIX1:GOVERNMENTORGANIZATION&OPERATIONS A. CityCharacter
TheCityofPismoBeachwasincorporatedin1946.TheCityislocatedontheCentralCoastalongsix milesofthePacificOceaninSanLuisObispoCounty,approximatelymidwaybetweenLosAngelesand SanFrancisco.TheCityisvisitedannuallybyasubstantialnumberoftouristsseekingtoenjoythearea’s moderateclimate,oceanviews,finerestaurants,andamplerecreationalopportunities.TheCity’s downtowncoreareaandhotelareasareanchoredbythePier,Plaza,andPromenade,andPismoBeach iswellͲknownforavarietyofspecialeventsincludingtheannualCarShowandClamFestivalevents.The city,whichislargelyresidentialandalmostfullysubdivided,ishometoanestimated8,036peopleasof July2021.
B. Government&CityCouncil
TheCityofPismoBeachisagenerallawcityoperatingunderaCouncilͲManagerformofgovernment, withtheCityCouncilactingasitslegislativebodyandtheCityManageractingasitsadministrator.The CityisanonͲprofitmunicipalcorporation,anditslegalorganizationisanalogoustothatofanyother corporation;theCouncilisitsboardofdirectors,theCityManageritsadministrator(CEO),theCityClerk itsSecretary,andtheAdministrativeServicesDirectoritstreasurer(CFO). TheCityCounciliscomprisedoffiveelectedpositions:fourCouncilMembersandadirectlyͲelected Mayor,eachelectedbyandfromamongtheregisteredvotersofthecity,torepresentthecityasa whole.ElectionsareheldconcurrentwiththestatewidegeneralelectioninNovemberofevenͲ numberedyears.EachCouncilMemberservesafourͲyeartermandtheMayorservesatwoͲyearterm, withnotermlimits.Aftereachelection,theCouncilappointstheMayorProTempore(ViceMayor)from amongitsexistingmembersforatwoͲyeartermcoincidingwiththatoftheMayor. TheCityCouncilsetstheCity'sbudgetandgoalsonabiennialbasis;adoptslocallawsbyordinance;sets localpolicybyresolution;hiresaCityManagerandCityAttorney;appointsandsupervisesAdvisoryBody Members,makesceremonialdeclarationsbyproclamation,andprovidesothergeneralpolicydirection. ThebudgetandgoalssetbytheCouncilareformulatedbasedoninputfromthepublicregarding priorities,inconjunctionwithtechnicalrecommendationsfromstaffforprioritizingprojectsthatwill increasesafety,minimizerisk,enhancequalityoflife,andensurecompliancewiththelaw. CouncilMembersareemployeesandreceiveamonthlysalaryintendedtopartiallyoffsetthecostof holdingoffice,aswellascertainotherbenefits.TheCouncilanditsMembersdonotpossesssupervisory authorityoverstaff,buttheCouncilasawholeexercisessupervisorydirectionovertheCityManager andCityAttorney.Additionally,theCouncilpossessestheauthoritytoselect,discipline,andterminate AdvisoryBodyMembersandsetpolicygoverningthebodies. C. AdvisoryBodies
AdvisoryBodymembersarevolunteerappointedofficialswhoprovidetechnicalandpolicy recommendationstotheCouncilonthematterswithinthebody'spurviewasassignedbytheCouncil. TherespectivepurviewsoftheCity'sfour,fiveͲmemberlegislativeAdvisoryBodiesaretourismand lodging(ConferenceandVisitorsBureauBoard),parkingplanningandoperations(ParkingAdvisory Committee),parksandrecreation(Parks,RecreationandBeautificationCommission),andgeneralplan andlanduse(PlanningCommission).CitystaffalsoadministertwononͲlegislativeAdvisoryBodiesto whichtheCouncilappointsafewpublicmembers,thepurviewsofwhicharespecialevents administration(SpecialEventsCommittee)andtrafficsafety(TrafficSafetyCommittee). Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page57 AdvisoryBodiesmakerecommendations,andinsomecasesrenderdecisions,basedontechnical analysisfromstaffandwithinthepolicydirectionoftheCityCouncil.Formoreinformationonthese organizationalrelationships,seeSectionIV.
AdvisoryBodymembersserveatthepleasureoftheCityCouncil,arenotCityemployees,anddonot exercisesupervisoryauthorityoverstaff.MembersofAdvisoryBodiesareselectedbytheCityCouncilto filltwoͲyearterms,withnotermlimits.EachbodyreceivesstaffsupportfromadesignatedCity department.
D. CityOperations&Services
TheCitydoesbusinessatCityHall,locatedonMattieRoad,theCorporationYardandWastewater TreatmentPlant,locatedonFradyLane,thePoliceDepartment,locatedonBelloStreet,twoFire Stations,locatedonBelloStreetandShellBeachRoad,aVisitorInformationCenter(VIC)andParking Annex,locatedonDolliverStreet,andaVisitorInformationKiosk(VIK)locatedatthePier.Inaddition, theCityownsandmaintainsthePier,twoVeterans'Halls,locatedonBelloStreetandLeewardAvenue, andapproximately14parks/sportsfacilitiesincludingDinosaurCavesPark. TheCityprovidesstreetsandparksmaintenance,waterandwastewater(sewer)service,utilitybilling, policeprotection,publicparking,touristrelations,buildingpermitting,planningandzoning,public information,andcommunityrecreationactivities,amongotherservices,toresidentsandvisitors.The CitycontractswithCalFireandisstaffedbytheSanLuisObispoUnitforprovisionofcoͲbrandedfire servicesincludingalifeguardprogram.BoththePoliceDepartmentandFireDepartmentparticipatein mutualaidagreementswithneighboringagenciesandorganizations. TheCitycontractswithSouthCountySanitaryServiceforgarbagecollectionandparticipatesinjoint powersagreementsfortheprovisionofwastemanagementandtransitservices.TheCountyofSanLuis Obispoprovidesservicesincludingschools,assessmentandtaxcollection,recordingandvitalrecords, consolidatedelections,healthservices,animalcontrol,libraries,andsocialservicestotheresidentsof PismoBeach.Privatecompaniesprovidetelephone,internet,television,naturalgas,andelectricservice tothearea.TheCityownsitsPier,butleasesthePierareaandbeachfromtheStateofCalifornia;the statealsoownsandmaintainstheportionsofHighway1(DolliverStreet)andHighway101withincity limits.
E. CityDepartmentsandDivisions
TheCityemploysapproximately100fullͲtimestaff;thenumberofpartͲtime,contract,andvolunteer staffvarieswidelyattimes,dependingprimarilyontheseason,withanincreaseduringsummermonths duetoincreasedtouristandrecreationalactivityinthecity.Muchoftheinformationbelowis paraphrasedfromtheCity'sadoptedBudget,whichalsoincludesdetailedorganizationalchartsforeach departmentandawealthofotherinformationaboutCityfinances,organization,andoperations.Learn morebyvisitingpismobeach.org/budget.
Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page58 F. CitywideOrganizationalChart
Source:2024—2025AdoptedBudget
1. AdministrativeServicesDepartment
TheAccountingandFinanceDivisionspreparethetwoͲyearbudget,andareresponsiblefortheCity's accountsreceivable,accountspayable,payroll,utilitybilling,businesslicensing,debtmanagement, investment,purchasingactivities,andcollectionoftransientoccupancytax(TOT)revenues. TheInformationTechnology(IT)DivisionisresponsibleforInformationSystemsplanningand implementation,includinginformationsecurity,ITinfrastructure(data,telecommunications,radio,etc.), helpdesk,andmanagingtechnologyprojects.
Lifeguard
Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page59
2.CityCouncil
SeeabovefordiscussionoftheorganizationanddutiesoftheCityCouncilDepartment.Asnoted,the CityCouncil'sdirectreportsaretheCityManager,CityAttorney,andAdvisoryBodyMembers.TheCity CouncilreceivesadministrativesupportfromtheExecutiveAssistant(CityManager'sOffice),and legislativesupportfromtheManagementServicesDepartment. CityCouncilDepartmentOrganizationalChart
Source:2024—2025AdoptedBudget
3.CityAttorney’sOffice
TheCityAttorneyisthechieflegaladvisorfortheCitythroughacontractualarrangement.TheCity Attorney’sclientistheCityCouncil,andmorebroadly,theCityorganization.TheCityAttorneycannot givelegaladvicetothirdparties,orrepresentCouncilMembers,AdvisoryBodyMembers,orstaff personally.TheCityAttorney’sOfficemanagesallaspectsoftheCity’slegalaffairs,includingdrafting legislation,contracts,andotherlegaldocuments,representingtheCityincourtproceedings,and supervisingoutsidecounselasneeded.TheCityAttorneymaintainsperiodicofficehoursatCityHall, andappearsatmeetingsandhearingsasneeded.TheAssistantCityAttorneyactsaslegalcounseltothe PlanningCommission.TheCityAttorneyisoneoftwoCitystaffwhoreportdirectlytotheCityCouncil.
4.CityManager'sOffice
TheCityManageristheCity'sChiefExecutiveOfficerandisresponsibleforimplementingthepolicy directionoftheCityCouncil.ResponsibilitiesincludecoordinatingtheworkeffortsCityDepartments, implementingtheCouncilͲapprovedbudget,interfacingwiththepublic,andservingastheCity’s personnelandpurchasingofficer.TheCityManagerisoneoftwoCitystaffwhoreportdirectlytothe CityCouncil.
5.CommunityDevelopmentDepartment
TheCommunityDevelopmentDepartmentisresponsibleforhelpingtoensureasafeandenjoyable livingenvironmentforresidentsandvisitorsthroughtwomaindivisions:Planning,andBuilding/. Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page60 TheBuildingDivisionisresponsibleforassuringsafetyandcodeͲcomplianceintheconstruction, alteration,andrepairofbuildingsthroughplanreview,permitissuance,constructioninspection,and codecompliance.
CodeComplianceisamajorprogramoftheBuildingDivisionandisresponsibleforconducting inspectionsandissuingcitationsforzoningordinanceviolationsandmiscellaneousadministrative violations.
ThePlanningDivisionisresponsibleforguidingthedevelopmentandpreservationofresidential, commercial,openspace,andpublicareas,throughprocessingapplicationsfordevelopment entitlements,administeringtheCity'sGeneralPlan,LocalCoastalProgram,andZoningOrdinance,and overseeingspecialprograms.
ThePlanningDivisionistheliaisondivisiontothePlanningCommissionandtheParkingAdvisory Committee.
TheCommunityDevelopmentDirectorandPlanningManagerserveasthestaffliaisonstothePlanning Commission;theCommunityDevelopmentDirectorservesasstaffliaisontothePAC.ThePlanning AdministrativeSecretaryservesastheSecretarytobothbodies.
6. FireDepartment
TheFireDepartmentisresponsibleforprotectinglife,property,andthenaturalenvironmentviathree maindivisions:FireOperations,Lifeguards,andWeedAbatement.Servicesareprovidedthrougha contractwithCalFire(CaliforniaDepartmentofForestryandFireProtection). TheFireOperationsDivisionisresponsiblefortheoperationoftheBelloStreetFireStation(#64)andthe ShellBeachFireStation(#63),bothstaffedwithCalFirepersonnel.Servicesincluderespondingto emergencymedicalincidents,hazardousmaterialincidents,andfires,andconductingrescues.Staffalso providesfireprevention,codeenforcement,planreview,andpubliceducationservices. TheseasonalLifeguardProgramstaffsmultiplelifeguardtowersthroughoutthetouristseasonfrom MemorialDaythroughLaborDay,primarilybylifeguardswhoareseasonalCitystaff.Staffwithinthis programoverseetheJuniorLifeguardprogram.
TheWeedAbatementprogramensuresthemanagementofvegetationtoaddressfirehazardsinthe interfacebetweenurbanandwildlandareas.
7. ManagementServicesDepartment
TheManagementServicesDepartmentisresponsibleforHumanResources,includingrecruitment,staff development,andlabornegotiations.ManagementServicesalsooverseesPublicOutreachandPublic InformationOfficer(PIO)functions;andRiskManagement,includingtheSafetyProgram. TheCityClerkDivisionisresponsibleforCityCouncillegislativerecordkeeping,andcompliancewiththe BrownAct,PublicRecordsAct,PoliticalReformAct,andotherregulationsincooperationwiththeCity Attorney'sOffice.TheCityClerkistheCity'sElectionsOfficial,FPPCFilingOfficer,RecordsManager,and AdvisoryBodymembershipadministrator.
8. PoliceDepartment
ThePoliceDepartmentemploys"communityͲoriented"policingspeciallytailoredtoPismoBeach'shigh leveloftourism.TheDepartmenthasmaintainedaccreditationfromtheCommissiononAccreditation forLawEnforcementAgencies(CALEA)since2007.Organizationally,theDepartmentconsistsoftwo majordivisions:OperationsandSupport.
Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page61 ThePoliceChiefandCommandersprovidesupplementalstaffsupporttothePAC. TheOperationsDivisionisresponsibleforpatrol,trafficoperations,ReserveOfficers,theKͲ9Unit,SWAT, DARE,citizenvolunteerpatrol,theMyCopprogram,SpecialEvents,emergencyoperations,andthe Downtown/SpecialProblemsUnit.
TheParkingBureau,partoftheOperationsDivision,isresponsibleforenforcingtheCity'sparking regulations,administeringtimedparkingandpaidparkingprograms,andissuingcitations. TheSupportServicesDivisionisresponsiblefortheRecordsBureauandCrimeAnalyst,Communication Center(dispatch),InvestigationsBureau,Training,CALEAAccreditation,andAdministrativeServices includingpersonnel.
9. PublicWorksDepartment
ThePublicWorksDepartmentisprimarilyresponsibleforthedesign,construction,andmaintenanceof Cityfacilitiesandinfrastructure,viatwomainoperatingdivisions—EngineeringandPublicWorks,which includesPublicFacilitiesandPublicUtilities.
TheEngineeringDivisionisresponsibleforprovidingdesign,projectmanagement,andinspectionfor CapitalImprovementProjects(CIPs),planreviewandinspectionforprivatedevelopment,issuing encroachmentpermits,andoverseeingwaterconservationinitiatives. ThePublicFacilitiesDivisionisresponsibleforinspecting,repairing,andmaintainingtheCity'sstreets andsigns,parkinglots,sidewalks,beaches,cityͲownedbuildings,parks,playgroundequipment,andthe Cityfleet.
ThePublicUtilitiesDivisionincludesWaterandWastewaterOperations.WaterOperationsisresponsible formaintainingtheCity’swells,tanks,andwaterdistributionsystem.WastewaterOperationsis responsibleforoperationandmaintenanceofthewastewater(sewer)collectionfacilitiesincluding pumpsandpipelines.
10. TourismandEventsDepartment
TheTourismandEventsDepartment(TED)isresponsibleforthepermittingandoversightoftheevents, withdifferentdivisionsspecializinginresidentͲorientedandvisitorͲorientedprogramsandevents. TheConference&VisitorsBureau(CVB)isresponsibleforpromotingtourismtoPismoBeach,enhancing revenuethroughincreasedtransientoccupancytaxes(TOT)andsalestaxrevenues.Effortsinclude promotionofPismoBeachinsocialandtraditionalmedia,tradeshows,andlodgingindustry partnerships.TEDalsocoordinatestheCityͲorganizedClamFestivalandFourthofJulyspecialevents. TEDistheliaisondepartmenttotheConferenceandVisitorsBureau/LodgingBusinessImprovement DistrictBoardandtheSpecialEventsCommittee.TheTourismandEventsDirectorservesasthestaff liaisontotheCVBBoardandChairoftheSEC;theTourismCoordinatorservesastheSecretarytoboth bodies.TheSpecialEventsCommitteeisadvisorytotheCityManager,recommendingtheCity Manager'sapprovalordenialofprivateSpecialEventPermitapplications. TheRecreationDivisionisresponsiblefortheadministrationofrecreationclassesofferedbycontract instructors,theCity'svolleyballprogram,facilityrentals,andthecoordinationofCityͲsponsoredspecial eventsgearedtowardresidentsofPismoBeachandsurroundingcommunities,includingtheEaster Eggstravaganza,MoviesinthePark,PumpkinsonthePier,andHolidayHarmony. TEDistheliaisondepartmenttotheParks,RecreationandBeautificationCommission(PRBC).The RecreationManagerservesasthestaffliaisontothePRBCandaFacilitiesCoordinatorservesasthe Secretary.
Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page62 XVIII. APPENDIX2:CODEOFETHICS
CODEOFETHICS
FortheCityofPismoBeachCouncil,BoardsandCommissionMembers AdoptedbythePismoBeachCityCouncil
Dateapproved—October4,2005(ResolutionRͲ2005Ͳ067) Preamble
AllcitizensandbusinessesofPismoBeachareentitledtohavefair,ethicalandaccountablelocal government,whichhasearnedthepublic'sfullconfidenceforintegrity.InkeepingwiththeCityof PismoBeach'scommitmenttoexcellence,theeffectivefunctioningofdemocraticgovernment, therefore,requiresthat:
x Publicofficials,bothelectedandappointed,complywithboththeletterandspiritofthelaws andpoliciesaffectingtheoperationsofgovernment;
x Publicofficialsbeindependent,impartialandfairintheirjudgmentandactions; x Publicofficebeusedforpublicgood,notforpersonalgain; x Publicdeliberationsandprocessesbeconductedopenly,unlesslegallyconfidential,inan atmosphereofrespectandcivility.
ThisCodeofEthics,asadoptedbythePismoBeachCityCouncilpertainstomembersoftheCityCouncil andoftheCity'sboardsandcommissionsandtothosevendorsdoingbusinesswithourcity,toassure publicconfidenceintheintegrityoflocalgovernmentanditseffectiveandfairoperation.
1.ActsinthePublicInterest
MemberswillworkforthecommongoodofthepeopleofPismoBeachandnotforanyprivateor personalinterest,andtheywillassurefairandequaltreatmentofallpersons,claimsandtransactions comingbeforethePismoBeachCityCouncil,boardsandcommissions.
2.ComplywiththeLaw
Membersshallcomplywiththelawsofthenation,theStateofCaliforniaandtheCityofPismoBeachin theperformanceoftheirpublicduties.Theselawsincludebutarenotlimitedto:TheUnitedStatesand Californiaconstitutions,FairPoliticalPracticeslawspertainingtoconflictsofinterest,election campaigns,financialdisclosures,employerresponsibilitiesandopenprocessesofgovernmentand adoptedCityordinancesandpolicies.
3.ConductofMembers
Theprofessionalandpersonalconductofmembersmustbeabovereproachandavoideventhe appearanceofimpropriety.Membersshallrefrainfromabusiveconduct,personalchargesorverbal attacksuponthecharacterormotivesofothermembersofthecouncil,boardsandcommissions,the publicandstaff.
4.RespectforProcess
Membersshallperformtheirdutiesinaccordancewiththeprocessesandrulesoforderestablishedby theCitycouncilandboardsandcommissionsgoverningthedeliberationofpublicpolicyissues, meaningfulinvolvementofthepublicandimplementationofpolicydecisionsoftheCityCouncilbystaff.
5.ConductofPublicMeetings
Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page63 Membersshallpreparethemselvesforpublicissues,listencourteouslyandattentivelytoallpublic discussionsbeforethebodyandfocusonthebusinessathand.Theyshallrefrainfrominterrupting otherspeakers,makingpersonalcommentsnotgermanetothebusinessofthebodyorotherwise interferingwiththeorderlyconductofmeetings.
6.DecisionsBasedonMerit
Membersshallbasetheirdecisionsonthemeritsandsubstanceofthematterathand,ratherthanon unrelatedconsiderations.
7.Communication
Membersshallpubliclysharesubstantiveinformationthatisrelevanttoamatterunderconsideration bytheCouncilorboardsandcommissions,whichtheymayhavereceivedfromsourcesoutsideofthe publicdecisionmakingprocess.
8.ConflictofInterest
Inordertoassuretheirindependenceandimpartialityonbehalfofthecommongood,membersshall notusetheirofficialpositionstoinfluencegovernmentdecisionsinwhichtheyhaveamaterialfinancial interestorwheretheyhaveanorganizationalresponsibilityorpersonalrelationship,whichmaygivethe appearanceofaconflictofinterest.Inaccordancewiththelaw,membersshalldiscloseinvestments, interestsinrealproperty,sourceofincome,andgifts,andtheyshallabstainfromparticipatingin deliberationsanddecisionͲmakingwhereconflictsmayexist.
9.GiftsandFavors
Membersshallrefrainfromacceptinganygifts,favorsorpromisesoffuturebenefitswhichmight compromisetheirindependenceofjudgmentoractionorgivetheappearanceofbeingcompromised.
10.ConfidentialInformation
Membersshallrespecttheconfidentialityofinformationconcerningproperty,personneloraffairsof theCity.Theyshallneitherdiscloseconfidentialinformationwithoutproperlegalauthorization,noruse suchinformationtoadvancetheirpersonal,financialorprivateinterests.
11.UseofPublicResources
Membersshallnotusepublicresourcesunavailabletothepublicingeneral,suchasCitystafftime, equipment,suppliesorfacilities,forprivategainorpersonalpurposes.
12.RepresentationofPublicInterests
Inkeepingwiththeirroleasstewardsofthepublicinterest,membersshallnotappearonbehalfofthe privateinterestsofthirdpartiesbeforetheCounciloranyboard,commissionorproceedingoftheCity, norshallmembersofboardsandcommissionsappearbeforetheirownbodiesorbeforetheCouncilon behalfoftheprivateinterestsofthirdpartiesonmattersrelatedtotheareasofserviceoftheirbodies.
13.Advocacy
MembersshallrepresenttheofficialpoliciesorpositionsoftheCityCouncil,boardorcommissiontothe bestoftheirabilitywhendesignatedasdelegatesforthispurpose.Whenpresentingtheirindividual opinionsandpositions,membersshallexplicitlystatetheydonotrepresenttheirbodyortheCityof PismoBeach,norwilltheyallowinferencethattheydo.
14.PolicyRoleofMembers
Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page64 MembersshallrespectandadheretothecouncilͲmanagerstructureofPismoBeachCitygovernmentas outlinedbythePismoBeachMunicipalCode.Inthisstructure,theCityCouncildeterminesthepolicies oftheCity,withtheadvice,informationandanalysisprovidedbythepublic,boardsandcommissions andCitystaff.ExceptasprovidedbytheCityMunicipalCode,membersshallnotinterferewiththe administrativefunctionsoftheCityortheprofessionaldutiesofCitystaff,norshalltheyimpairthe abilityofstafftoimplementCouncilpolicydecisions.
15.IndependenceofBoardsandCommissions
BecauseofthevalueoftheindependentadviceofboardsandcommissionstothepublicdecisionͲ makingprocess,membersofCouncilshallrefrainfromusingtheirpositiontoundulyinfluencethe deliberationsoroutcomesofboardandcommissionproceedings.
16.PositiveWorkPlaceEnvironment
MembersshallsupportthemaintenanceofapositiveandconstructiveworkplacefortheCity employeesandforthecitizensandbusinessesdealingwiththeCity.Membersshallrecognizetheir specialroleindealingswithCityemployeestoinnowaycreatetheperceptionofinappropriate directiontostaff.
17.Implementation
ThePismoBeachCodeofEthicsisintendedtobeselfͲenforcing,andisanexpressionofstandardsof conductformembersexpectedbytheCity.Itthereforebecomesmosteffectivewhenmembersare thoroughlyfamiliarwithitandembraceitsprovisions.Forthisreason,ethicalstandardsshallbe includedintheregularorientationsforcandidatesforCityCouncil,applicantstoboardsand commissions,andnewlyelectedandappointedofficials.Membersenteringofficeshallsignastatement affirmingtheyhavereadandunderstandtheCityofPismoBeachCodeofEthics.TheCodeofEthicsshall bereviewedannuallybytheCityCouncil,boardsandcommissions,andtheCityCouncilshallconsider recommendationsfromboardsandcommissionsandupdateasnecessary.
18.ComplianceandEnforcement
ThechairsofboardsandcommissionsandtheMayorhavetheadditionalresponsibilitytointervene whenactionsofmembersthatappeartobeinviolationoftheCodeofEthicsarebroughttotheir attention.TheCityCouncilmayimposesanctionsonmemberswhoseconductdoesnotcomplywiththe City'sethicalstandards,suchasreprimand,formalcensure,lossofseniorityorcommitteeassignment, orbudgetrestriction.UndertheCity'sMunicipalCode,theCityCouncilmayalsoremovemembersof boardsandcommissionsfromoffice.AviolationofthisCodeofEthicsshallnotbeconsideredasabasis forchallengingthevalidityofacouncil,boardorcommissiondecision.
Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page65 CITYOFPISMOBEACHCODEOFETHICS
FORCITYCOUNCILANDADVISORYBODYMEMBERS
STATEMENTOFCOMMITMENT
AsamemberofthePismoBeachCityCouncilorasamemberofaPismoBeachAdvisoryBody,Iagreeto upholdtheCodeofEthicsforelectedandappointedofficialsadoptedbytheCityCouncilandconduct myselfbythefollowingmodelofbehavior.
Iwill:
x Recognizetheworthofindividualmembersandappreciatetheirindividualtalents,perspective andcontributions.
x Helpcreateanatmosphereofrespectandcivilitywhereindividualmembers,citystaffandthe publicarefreetoexpresstheirideasandworktotheirfullpotential. x Conductmypersonalandpublicaffairswithhonesty,integrity,fairnessandrespectforothers. x Respectthedignityandprivacyofindividualsandorganizations. x Keepthecommongoodasmyhighestpurposeandfocusonachievingconstructivesolutionsfor thepublicbenefit.
x Avoidanddiscourageconduct,whichisdivisiveorharmfultothebestinterestsofPismoBeach. x TreatallpeoplewithwhomIcomeincontactinthewayIwishtobetreated. x BeforeIspeakoractIwillaskmyselfthefollowingfourquestions: o Isitthetruth?
o Isitfairtoallconcerned?
o Willitbuildgoodwillandbetterfriendships?
o Willitbebeneficialtoallconcerned?
IaffirmthatIhavereadandthatIunderstand,acceptandsupporttheCityofPismoBeachCodeof Ethics.
CouncilorAdvisoryBody:________________________Position:______________________ Date:___________________________
PrintName:______________________
Signature:________________________
Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page66 XIX. APPENDIX3:OATHOFOFFICE
Attachment 5.A
Council Agenda 11-7-2023 9.L-154
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page67 XX. APPENDIX4:LINKSTOREGULATIONSANDRESOURCES
A. GeneralRegulations:
PismoBeachMunicipalCode(Codified,currentCitylaws) www.pismobeach.org/municode
PismoBeachOrdinances(allhistoricalandcurrentindividualCouncilͲadoptedlaws) www.pismobeach.org/ordinances
PismoBeachResolutions(allhistoricalandcurrentCouncilͲadoptedpolicies) www.pismobeach.org/resolutions
CaliforniaStateLaw(alltitles)
http://leginfo.legislature.ca.gov/faces/codes.xhtml
CaliforniaStateCodeofRegulations(CCR)
https://govt.westlaw.com/calregs/index
B. IndividualRegulations:
BrownAct
Regulation:CAGC§54950—54963
Resource:OpenandPublic:AGuidetotheRalphM.BrownAct(LeagueofCACities)
Bylaws
Policy:ResolutionRͲ2020Ͳ011(CVBBoard)
Policy:ResolutionRͲ2020Ͳ012(PAC)
Policy:ResolutionRͲ2020Ͳ013(PRBC)
Policy:ResolutionRͲ2020Ͳ014(PlanningCommission)
CodeofEthics(PismoBeach)
Policy:ResolutionRͲ2005Ͳ067
ConflictofInterestCode(PismoBeach)
Policy:ResolutionRͲ2022Ͳ080
ConflictofInterest;Disqualification
Resource:UnderstandingtheBasicsofPublicServiceEthicsLaws,page11(ILG) Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page68
ConflictofInterestRegulations(miscellaneousstateprovisions) Regulation:"Incompatibleoutsideactivities"(CAGC§1125etseq.) Regulation:"Incompatibleoffices"(CAGC§1099).
Regulation:"Revolvingdoor"limitations(CAGC§87407)
Ethics&AB1234Training
Regulation:CAGC§53234etseq.(trainingrequirement) Resource:OnlineAB1234EthicsTrainingModule,hostedbyFPPC Resource:UnderstandingtheBasicsofPublicServiceEthicsLaws(ILG) ExpenseReimbursement(PismoBeach)
Policy:ResolutionRͲ2022Ͳ067
GovernmentCode1090SelfͲDealingProhibition
Regulation:CAGC§1090etseq.
HarassmentPreventionTraining(AssemblyBill1661)
Regulation:CAGC§53237etseq.
MaddyAct
Regulation:CAGC§54970etseq.
MunicipalCode(PismoBeach)
Regulation: www.pismobeach.org/municode
Regulation:Chapter2.20PlanningCommission
Regulation:Chapter12.16SpecialEventsCommittee
Regulation:Chapter2.42Felonyprohibition
PoliticalReformAct
Regulation:CAGC§81000etseq.
Resource:FPPCGift&HonorariaLimitations(DownloadLocalGiftsFactSheet)
PublicRecordsAct(CPRA)
Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page69 Regulation:CAGC§7920etseq.
Resource:CityofSanJosev.SuperiorCourt(publicrecordsonofficials'personaldevices)
PoliticalActivitybyPublicOfficials
Regulation:CAGC§3201—3209
Stipends
Policy:ResolutionRͲ2020Ͳ015
Teleconference(Remote/Virtual)MeetingParticipationUnderAB2449 Policy:ResolutionRͲ2023Ͳ021
C.ConflictsandDisclaimer
Theprovisionsofvariousstatelaws,citylaws,Bylaws,Councilpolicies,andadministrativepolicies relatingtoAdvisoryBodiesaresummarizedandrestatedinthisHandbookfortheconvenienceof applicants,AdvisoryBodyMembers,andothers,andwhiletheinformationcontainedhereinisbelieved tobesubstantiallycorrect,itisnotintendedtoprovidelegaladvice.AdvisoryBodyMembersandothers usingthisinformationmustbearfullresponsibilityfortheirowndeterminationsastoalllegalstandards anddutiesandastoallfactualmattercontainedherein. Inaddition,regulationsexternaltothisHandbookthatimpactAdvisoryBodiesarefrequentlyupdated. IntheeventofconflictbetweenthisHandbookandtheprovisionsofCityCodeorCouncilͲadopted Bylaws,theCodeortheBylawswillcontrol.IntheeventofconflictbetweenthisHandbookandany otherCouncilpolicy,thenewerofthepolicieswillcontrol.NothinginthisHandbookisintendedto modifyorabridgestateorfederallaw.IntheeventofconflictbetweenthisHandbookandstateor federallaworconstitutionalprovision,thelattershallcontrol. Attachment 5.A
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item # 9.M
SUBJECT/TITLE:
AMENDMENT OF THE CITY’S CLASSIFICATION PLAN TO INCLUDE AN UPDATED
JOB SPECIFICATION FOR ASSISTANT CITY MANAGER AND CREATING A
CAPITAL PROJECTS MANAGER SPECIFICATION, AND APPROVING A REVISED
COMBINED SALARY SCHEDULE
RECOMMENDATION:
Adopt a Resolution amending the City’s Classification Plan to include an updated existing classification, creating a new job specification, and revising the combined salary schedule.
BACKGROUND:
Assistant City Manager
The City Council recently appointed the Assistant City Manager to serve as City Manager, leaving a vacancy to fill. The Assistant City Manager is responsible for the functional areas of Human Resources, City Clerk, Communications, Legislative Affairs, and Risk Management. To enhance the service delivery to the community, the City Manager is recommending a modification to the duties and responsibilities of the Assistant City Manager to include oversight of Public Works, Community Development, and the Fire Services contract.
To maintain separation and reduce compaction, a modification of salary for the Assistant City Manager is required. The Assistant City Manager would be proposed to be at Salary Range 65, which would provide a 5% salary separation from the Director of Public Works/City Engineer.
Capital Projects Manager
The Engineering Division has had two vacancies for almost five months. Nationwide, there is a shortage of engineers as the private sector can provide compensation packages that exceed the compensation that can be offered by public sector agencies. The Public Works Department and Human Resources have evaluated the current engineering classification series to determine how to best fill the vacancies given recruitment challenges. While a Professional Engineer, licensed by the State of California, has previously performed many of the functions of project management, it is not the only model to effectively and efficiently deliver services. An alternative model of having a qualified Capital Projects Manager that has relevant work experience provide many services, and having an engineer oversee those limited areas where a Professional Engineer must approve changes to plans, would meet the needs of the City. Therefore, staff recommends that a new job classification, Capital Projects Manager, be created as an alternative tool to fill the current vacancies.
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While this new classification is not within the engineering series, it is related to the duties of capital project management, inspection, and permit issuance. The model of having a non-engineer perform these types of duties is common in the private sector and is also growing in utilization among surrounding public jurisdictions to meet service needs. Due to the nature of work, independent oversight, and project management, it is recommended that this classification, if approved, be assigned to the Non-Represented Full-Time Employees Resolution, and placed on the Combined Salary Schedule at Range
38. Staff intends to recruit for a total of two vacancies from within the engineering series and the new Capital Project Manager position and does not intend to increase the total number of employees.
Combined Salary Schedule
CalPERS regulations require that any modification or addition to salaries shall be adopted by the governing body, combined into a single document, and posted publicly on the agency’s website for public view. To comply with this provision, staff recommends revising the combined salary to reflect the updated salary for the Assistant City Manager, and the addition of the Capital Projects Manager classification.
Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) amending the City’s Classification Plan to include approval of an updated Assistant City Manager classification, creating a new Capital Projects Manager job specification, and revising the combined salary schedule.
FISCAL IMPACT:
There is no direct fiscal impact associated with this report. There is sufficient funding with the respective department budgets to support the new and updated position classifications.
ALTERNATIVES:
1. Request more information from staff.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: Updated Assistant City Manager Job Specification
1.B Exhibit B to Resolution: Capital Projects Manager Job Specification
1.C Exhibit C to Resolution: Revised Combined Salary Schedule Submitted by: Meeting Date: November 7, 2023
Bianka Buchanan, Human Resources Officer
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 AMENDING THE CITY’S CLASSIFICATION PLAN TO INCLUDE AN
UPDATED EXISTING CLASSIFICATION, ADDING A NEW CLASSIFICATION, AND
APPROVING THE REVISED COMBINED SALARY SCHEDULE
WHEREAS, the City of Pismo Beach seeks to provide the highest quality of service to its residents, visitors, and staff, and seeks opportunities to evaluate best practices for job specifications to ensure the City hires the most qualified candidates; and WHEREAS, approval of an updated job specification for Assistant City Manager (Exhibit A)will update the requirements to provide management over departments to enhance the service delivery to the community; and
WHEREAS, approval of a job specification for Capital Projects Manager (Exhibit B), will provide enhanced flexibility to deliver capital improvement projects and support private development in the community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves and adopts the job specifications for the position of Assistant City Manager and Capital Projects Manager, set forth as Exhibits A and B to this resolution, respectively, and by doing so amends the City’s classification plan.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby amends Resolution R-2022-063, setting the Assistant City Manager at Pay Range 65; setting the Capital Projects Manager at Pay Range 38; and adding the classification to the Affected Employees in the Full-Time Non-Represented group, effective November 8, 2023.
BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby approves and adopts the updated Combined Salary Schedule attached as Exhibit C.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of November 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 11-7-2023 9.M-3
Attachment 1
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FLSA: EXEMPT
ASSISTANT CITY MANAGER
DEFINITION
Serves in the capacity of Assistant City Manager. Under administrative direction, plans, organizes, manages, and provides administrative direction and oversight for all functions and activities of the City Manager’s Office including city-wide services of customer service, public outreach efforts, public information including disaster communication and social media, records management, City Clerk functions, personnel and risk management. Coordinates assigned activities with other City departments, officials, outside agencies, and the public; fosters cooperative working relationships among City departments and with intergovernmental and regulatory agencies and various public and private groups; provides highly responsible and complex professional assistance to the City Manager in areas of expertise; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives administrative direction from the City Manager. Exercises general direction, oversight and supervision to the Public Works Director, Community Development Director, and Fire Services.
Exercises general direction and supervision over management, supervisory, professional, technical, and administrative support staff through subordinate levels of supervision. The work provides for a wide variety of independent decision-making, within legal and general policy and regulatory guidelines.
CLASS CHARACTERISTICS
This is a department head classification class that oversees, directs, and participates in all activities of the City Manager’s Office, including short- and long-term planning and development and administration of departmental policies, procedures, and services. This class is appointed by the City Manager and provides assistance to the City Manager in a variety of administrative, coordinative, analytical, and liaison capacities. Successful performance of the work requires knowledge of public policy, municipal functions and activities, including the role of an elected City Council, and the ability to develop, oversee, and implement projects and programs in a variety of areas. Responsibilities include coordinating the activities of the department with those of other departments and outside agencies and managing and overseeing the complex and varied functions of the department. The incumbent is accountable for accomplishing departmental planning and operational goals and objectives and for furthering City goals and objectives within general policy guidelines.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
Serves as Acting City Manager in City Manager’s absence. Serves as the Personnel Officer for routine matters.
Manages and oversees the Major Project Committee for the City to ensure coordination, communication, and efficiency of capital projects and other major city initiatives.
Council Agenda 11-7-2023 9.M-4
Attachment 1.A
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Assistant City Manager
Assumes full management responsibility for all City Manager’s Office programs, services, and activities, including customer service, public outreach efforts, public information including disaster communication, and social media, records management, City Clerk functions, personnel, and risk management.
Develops, directs, and coordinates the implementation of goals, objectives, policies, procedures, and work standards for the department; establishes, within City policy, appropriate budget, service, and staffing levels.
Plans, directs, and coordinates the City Manager’s Office work plan; meets with management staff to identify and resolve problems; assigns projects and programmatic areas of responsibility; reviews and evaluates work methods and procedures.
Manages and participates in the development and administration of the department’s annual budget; directs the forecast of additional funds needed for staffing, equipment, materials, and supplies; directs the monitoring of and approves expenditures; directs and implements adjustments as necessary. Selects, trains, motivates, and directs department personnel; evaluates and reviews work for acceptability and conformance with department standards, including program and project priorities and performance evaluations; works with employees on performance issues; implements discipline and termination procedures; responds to staff questions and concerns. Contributes to the overall quality of the department’s service by developing, reviewing, and implementing policies and procedures to meet legal requirements and City needs; continuously monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors the distribution of work, support systems, and internal reporting relationships; identifies opportunities for improvement; directs the implementation of change. Plans, manages, and oversees the daily functions, operations, and activities of several human resources programs, including recruitment and selection, job analysis and classification, compensation, employee training and development, benefits administration, workers’ compensation, and labor and employee relations.
Represents the City Manager’s Office to other City departments, elected officials, and outside agencies; explains and interprets departmental programs, policies, and activities; negotiates and resolves significant and controversial issues.
Develops, manages, and oversees sound recruitment, testing, and selection processes, including evaluating recruitment materials and sources, administering all phases of the examination process, and assisting hiring departments with the employee selection process; develops and implements background investigative policies and procedures and oversees and conducts background investigations; ensures equal employment opportunity and affirmative action for all candidates. Manages job analysis and classification studies of new and existing positions; designs and writes new and modifies existing classification specifications as appropriate; conducts compensation studies for new and existing positions as well as periodically, determines appropriate internal and external comparators, makes recommendations, and participates in the development, implementation, and administration of compensation strategies and programs, and classification plans; responds to external compensation surveys.
Manages the administration of the City’s multi-tiered employee benefits programs, including plans such as retirement, health, life, dental, vision, long-term disability, employee assistance program, Consolidated Omnibus Budget Reconciliation Act (COBRA), and leave of absence programs; acts as liaison to various third-party benefits administrators and health carriers; schedules and conducts new employee orientations; conducts City-wide open enrollment for benefits; prepares open enrollment benefit materials and literature.
Oversees the City’s training activities, including Occupational Health and Safety Administration (OSHA) compliance, safety, and staff development; identifies training needs and ensures that the City’s needs and expectations are addressed.
Oversees the City’s risk management functions, including management of the liability claims program; confer with legal staff regarding legal aspects of potential liability on claims litigation; Council Agenda 11-7-2023 9.M-5
Attachment 1.A
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Assistant City Manager
consults with City departments and provides recommendations on risk management problems; maintains and analyzes cost and loss histories; chairs the Citywide Safety Committee; ensures that City contracts, leases and purchase documents are reviewed for proper hold-harmless clauses, insurance provisions and other conditions that could cause loss or exposure to loss.. Oversees the workers’ compensation claims management function including: processes insurance claims submitted; monitors accepted claims prior to closure; provides information to claimants, attorneys, and workers’ compensation carrier; assists employees in resolving issues related to workers’ compensation, safety, and health; attends hearings and legal proceedings; maintains accurate databases; prepares reports, policies, procedures, and other related documentation. Manages and participates in employee relations activities; provides advice and counsel to department directors, managers, supervisors, and employees in the interpretation of human resources laws, rules, regulations, policies, procedures, contract applications, the administration of grievances, and compliance with Memorandum of Understanding (MOU); explains program provisions, procedures, and eligibility requirements; reviews performance evaluations for consistency and makes recommendations.
Manages the functions and activities of the City Clerk’s Office, including election management, the legislative function, and records management.
Oversees a standard and consistent protocol for City customer service, public outreach efforts, public information, and social media.
Works closely with management on issues that require resolution or contract clarification; conducts workplace investigations as needed; coaches managers and directors regarding the conduct of termination meetings and serves as witness to terminations; participates in the grievance process and attends grievance hearings.
Assists the City Manager with labor contract negotiations as directed; prepares labor relations documents and contract language; represents the City in meetings with bargaining units. Administers and manages a variety of functions in the Human Resources Office including developing and administering a records management system and ensuring compliance with applicable laws, rules, and regulations; reviews and processes Personnel Action Forms. Conducts a variety of departmental organizational and operational studies and investigations; recommends modifications to programs, policies, and procedures as appropriate. Participates and makes presentations to the City Council and a variety of boards and commissions; attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of management services and other services as they relate to the area of assignment. Monitors changes in laws, regulations, and technology that may affect the City or departmental operations; implements policy and procedural changes as required. Prepares, reviews, and presents staff reports, various management and information updates, and reports on special projects as assigned by the City Manager. Responds to difficult and sensitive public inquiries and complaints and assists with resolutions and alternative recommendations.
Performs other duties as assigned.
QUALIFICATIONS
Knowledge of:
Administrative principles and practices, including goal setting, program development, implementation, and evaluation, and supervision of staff, either directly or through subordinate levels of supervision.
Public agency budget development, contract administration, City-wide administrative practices, and general principles of risk management related to the functions of the assigned area.
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Assistant City Manager
Organizational and management practices as applied to the analysis and evaluation of projects, programs, policies, procedures, and operational needs; principles and practices of municipal government administration sufficient to perform the assigned functions. Principles, practices, and techniques of human resources in a public agency setting, including recruitment and selection, equal employment opportunity, and affirmative action; job analysis and classification; compensation analysis and administration; benefits administration, workers’ compensation; employee and labor relations, including negotiations and the interpretation of laws, regulations, policies, and procedures.
Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.
Basic principles and practices of public outreach including effective use of social media. Methods and techniques for the development of presentations, contract negotiations, business correspondence, and information distribution; research and reporting methods, techniques, and procedures.
Record keeping principles and procedures.
Modern office practices, methods, and computer equipment and applications related to the work. English usage, grammar, spelling, vocabulary, and punctuation. Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations. Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
Ability to:
Develop and implement goals, objectives, policies, procedures, work standards, and internal controls for the department and assigned program areas.
Provide administrative and professional leadership and direction for the department and the City. Prepare and administer budgets; allocate limited resources in a cost effective manner. Plan, organize, direct, and coordinate the work of technical and administrative personnel; delegate authority and responsibility; select, motivate, and evaluate the work of staff and train staff in work procedures.
Conduct complex research projects on a wide variety of topics, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports. Prepare clear and concise reports, correspondence, policies, procedures, and other written materials. Maintain confidentiality of sensitive personal information of applicants, employees, former employees, and other matters affecting employee relations. Interpret, apply, and ensure compliance with Federal, State, and local policies, procedures, laws, and regulations.
Effectively represent the assigned function and the City in meetings with governmental agencies, contractors, vendors, and various businesses, professional, regulatory, and legislative organizations. Maintain accurate files and records.
Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. Operate modern office equipment including computer equipment and specialized software applications programs.
Use English effectively to communicate in person, over the telephone, and in writing. Use tact, initiative, prudence, and independent judgment within general policy and legal guidelines in politically sensitive situations.
Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work.
Council Agenda 11-7-2023 9.M-7
Attachment 1.A
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Assistant City Manager
Education and Experience:
Graduation from an accredited four-year college or university with major coursework in human resources management, business or public administration, or a related field and seven (7) years of increasingly responsible experience, including supervisory experience, preferably in municipal administration, including Public Works and risk management administration. Experience in a public agency is desirable.
Licenses and Certifications:
Possession of, or ability to obtain, a valid California Driver’s License by time of appointment.
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing in and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds.
ENVIRONMENTAL ELEMENTS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
Prepared by: Human Resources
Council Approved: November 2023
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FLSA: EXEMPT
CAPITAL PROJECTS MANAGER
DEFINITION
Under general supervision, performs various professional field and office project management and oversight for the planning, design, and construction phases of capital projects, public works, and City infrastructure projects; develops project objectives and scopes of work; creates and adheres to project delivery schedules; and prepares and manages project budget expenditures. Performs work related to daily departmental operations; confers with architects, developers, contractors, and representatives of other agencies regarding facility and infrastructure development; administers professional services and construction contracts; administers Federal and State grant funds associated with construction projects; provides professional staff assistance to the Director of Public Works/City Engineer, other departments, and the public in areas of expertise; performs a variety of studies and prepares and presents staff reports; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Engineering Manager and Director of Public Works/City Engineer.
May exercise technical and functional direction over paraprofessional and clerical staff.
CLASS CHARACTERISTICS
This is a single-incumbent classification within the Engineering Division. Under supervision by the Director of Public Works/City Engineer and Engineering Manager, position will manage, oversee, assign, ,manage, and review the work of staff and consultants responsible for professional and technical engineering operations of the capital improvement program; perform and direct complex and specialized project management for a variety of engineering projects and programs; oversee the preparation of engineering designs, plans, specifications and reports; perform a variety of technical tasks relative to assigned areas of responsibility; and perform related work as required. CIP Project Manager will oversee professional services contracts; coordinate, evaluate and monitor construction activities by contractors and professional services from consulting firms, manage and monitor capital improvement budgets; assist in the preparation of grant funding requests; prepare recurring and ad hoc reports on construction projects and contracts; work with staff to communicate, discuss and achieve objectives regarding current projects.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
➢Manages City capital improvement projects, including the planning, scheduling, design, and construction of buildings, parks, streets, utilities, and other facilities owned and operated by the City. ➢Assists in the development and application of City project delivery policies, following general guidelines or professional and administrative standards in accomplishing assignments. ➢Reports to supervisor and others in the City organization on the status of projects and other assignments; suggests, discusses, makes recommendations, and implements strategies to improve project delivery services.
Council Agenda 11-7-2023 9.M-9
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CIP Supervisor
➢Leads or participates in the selection of, and oversees consultants retained to provide particular expertise for project studies, programming, development, design, or management; participates in or manages the selection and development of contracts with consulting firms; negotiates contracts with outside consultants.
➢Plans and assists staff and consultants in establishing project schedules and milestones; prepares and communicates schedules and reports on progress of project activities; develops critical path or project flow diagrams to plan, set, and evaluate progress on project tasks; communicates deviations from project schedule and proposes alternatives to align project activities with planned schedule. ➢Plans and assists staff and consultants in establishing project budgets; tracks and reports on project expenditures; communicates deviations from project expenditure plan and proposes alternatives to align expenditures with budget.
➢Prepares project staff reports for City Council, Planning Commission, and other advisory bodies and makes presentations to the City Council, boards and commissions, advisory committees, and citizen groups.
➢Proactively and as early as possible, resolves issues that may affect the cost, quality, timeliness, or public perception of a project.
➢Coordinates with City Attorney’s Office on the preparation and review of required contract documents.
➢Evaluates the work effort required for projects and identifies the resources to provide that work effort; prepares and executes plans to retain required staff and/or consultant skills. ➢Interprets and applies relevant codes, ordinances, rules, regulations, and adopted standards. ➢Performs contract administration activities which include, but are not limited to, plan and specification preparation and reviews, contract preparation and execution, purchase order creation, contract change order approval, payment approval, dispute resolution, acceptance, and bond release approval.
➢Preparation of project technical reports and oversight of design for approval/acceptance. ➢Proactively evaluates operations and activities of assigned responsibilities; recommends improvements and modifications; prepares reports of operations and activities. ➢Prioritizes and directs the work of project assignments and is responsible for quality, schedule, and cost control; works closely with the Engineering Manager to coordinate project work and ongoing priorities.
➢Reviews plans and specifications for public and private development projects. ➢Performs related duties similar to the above in scope and function as required.
QUALIFICATIONS
Knowledge of:
➢Principles and practices (general knowledge) of civil engineering, architecture, landscape architecture, capital improvements, construction and methods of project design delivery. ➢Principles and practices of project management.
➢Professional service requests for proposals, contract negotiation, and administration. ➢Conflict resolution techniques.
➢Principles of budget development and monitoring, including development of control measures to remain within budget.
➢Principles and techniques for persuasive presentation of ideas and concepts in both oral and written formats.
➢Principles and practices of effective community outreach during pre-construction and construction. ➢Principles and practices (general knowledge) of environmental requirements and permitting. ➢Building and/or infrastructure material and construction methods.
Council Agenda 11-7-2023 9.M-10
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CIP Supervisor
➢ Software applications related to work, such as project management, word processing, and spreadsheet applications.
Ability to:
➢ Plan, organize, and manage capital projects.
➢ Review and markup detailed plans and specifications.
➢ Prepare construction contract documents; negotiate and administer a variety of contracts. ➢ Prepare cost estimates.
➢ Prepare and administer project budgets.
➢ Establish and maintain effective and positive relationships with community leaders, organizations, businesses, staff, and others contacted in the performance of duties. ➢ Work with diverse populations and maintain an inclusive environment. ➢ Coordinate a variety of projects and activities inter-departmentally and with outside agencies. ➢ Analyze complex technical and administrative information and problems, evaluate alternative solutions, and recommend or adopt effective courses of action. ➢ Interpret and enforce administrative and operational policies, practices, and procedures. ➢ Maintain knowledge of and adherence to City, departmental, and State safety standards, as well as safety requirements at a construction site.
➢ Work outdoors and wear personal protective equipment as needed. ➢ Communicate effectively and persuasively in both oral and written formats. ➢ Speak in large and small group settings; conduct staff meetings; effectively facilitate meetings, create and deliver presentations, and build consensus.
➢ Prepare and analyze comprehensive reports.
➢ Exercise sound, independent judgement within general policy guidelines. ➢ Coordinate directly or with the assistance of others, effective communication with the public using project web pages or print.
Education and Experience:
Graduation from a four-year college or university with major coursework in architecture, landscape architecture, construction management, environmental planning, or a related field, and four years of increasingly responsible experience in the development, implementation, and management of design, construction, or capital projects. Work experience as a project manager delivering complex municipal projects may be substituted for a college degree at the discretion of the personnel officer.
Licenses and Certifications:
➢ Possession of, or ability to obtain, a valid California Driver’s License by time of appointment. ➢ Project Management Professional (PMP) certification from the Project Management Institute (PMI) is desired.
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, to inspect City development sites, including traversing uneven terrain, climbing ladders, stairs, and other temporary or construction access points, to operate a motor vehicle, and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment.
Council Agenda 11-7-2023 9.M-11
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CIP Supervisor
Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds.
ENVIRONMENTAL ELEMENTS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees also work in the field and may be exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
Prepared by: Human Resources Officer
Council Approved: November 2023
Council Agenda 11-7-2023 9.M-12
Attachment 1.B
Packet Page 284
City of Pismo Beach
Salary Table
5% between steps
Effective July 3, 2023
Classification Title Range #Period Step A Step B Step C Step D Step E PT1 1 Hourly 17.67304 18.55669 19.48453 20.45875 21.48169 Bi-weekly 1,413.84309 1,484.53524 1,558.76200 1,636.70010 1,718.53511 Monthly 3,063.32669 3,216.49302 3,377.31767 3,546.18356 3,723.49273 Annual 36,759.92025 38,597.91626 40,527.81207 42,554.20268 44,681.91281 PT2 2 Hourly 18.11486 19.02061 19.97164 20.97022 22.01873 Bi-weekly 1,449.18916 1,521.64862 1,597.73105 1,677.61761 1,761.49849 Monthly 3,139.90985 3,296.90535 3,461.75061 3,634.83815 3,816.58005 Annual 37,678.91825 39,562.86417 41,541.00737 43,618.05774 45,798.96063 PT3 3 Hourly 18.56774 19.49612 20.47093 21.49448 22.56920 Bi-weekly 1,485.41889 1,559.68984 1,637.67433 1,719.55805 1,805.53595 Monthly 3,218.40760 3,379.32798 3,548.29438 3,725.70910 3,911.99455 Annual 38,620.89121 40,551.93577 42,579.53256 44,708.50919 46,943.93464 PT4 4 Hourly 19.03193 19.98353 20.98270 22.03184 23.13343 Bi-weekly 1,522.55436 1,598.68208 1,678.61619 1,762.54700 1,850.67435 Monthly 3,298.86779 3,463.81118 3,637.00174 3,818.85183 4,009.79442 Annual 39,586.41349 41,565.73416 43,644.02087 45,826.22192 48,117.53301 PT5 5 Hourly 19.50773 20.48311 21.50727 22.58263 23.71177 Bi-weekly 1,560.61822 1,638.64914 1,720.58159 1,806.61067 1,896.94121 Monthly 3,381.33949 3,550.40646 3,727.92678 3,914.32312 4,110.03928 Annual 40,576.07383 42,604.87752 44,735.12139 46,971.87746 49,320.47134 PT6 6 Hourly 19.99542 20.99519 22.04495 23.14720 24.30456 Bi-weekly 1,599.63368 1,679.61536 1,763.59613 1,851.77594 1,944.36474 Monthly 3,465.87297 3,639.16662 3,821.12495 4,012.18120 4,212.79026 Annual 41,590.47567 43,669.99946 45,853.49943 48,146.17440 50,553.48312 Office Assistant I 7 Hourly 20.49531 21.52007 22.59608 23.72588 24.91217 PT7 Bi-weekly 1,639.62452 1,721.60575 1,807.68604 1,898.07034 1,992.97385 Monthly 3,552.51980 3,730.14579 3,916.65308 4,112.48573 4,318.11002 Annual 42,630.23756 44,761.74944 46,999.83691 49,349.82876 51,817.32020 PT8 8 Hourly 21.00769 22.05807 23.16098 24.31903 25.53498 Bi-weekly 1,680.61513 1,764.64589 1,852.87819 1,945.52210 2,042.79820 Monthly 3,641.33279 3,823.39943 4,014.56940 4,215.29787 4,426.06277 Annual 43,695.99350 45,880.79318 48,174.83284 50,583.57448 53,112.75320 PT9 9 Hourly 21.53288 22.60953 23.74000 24.92700 26.17335 Bi-weekly 1,722.63051 1,808.76204 1,899.20014 1,994.16015 2,093.86816 Monthly 3,732.36611 3,918.98442 4,114.93364 4,320.68032 4,536.71434 Annual 44,788.39334 47,027.81301 49,379.20366 51,848.16384 54,440.57203 PT10 10 Hourly 22.07120 23.17476 24.33350 25.55018 26.82769 Bi-weekly 1,765.69628 1,853.98109 1,946.68014 2,044.01415 2,146.21486 Monthly 3,825.67526 4,016.95903 4,217.80698 4,428.69733 4,650.13219 Annual 45,908.10317 48,203.50833 50,613.68375 53,144.36794 55,801.58633 Office Assistant II 11 Hourly 22.62298 23.75413 24.94184 26.18893 27.49838 PT11 Bi-weekly 1,809.83868 1,900.33062 1,995.34715 2,095.11451 2,199.87023 Monthly 3,921.31715 4,117.38300 4,323.25215 4,539.41476 4,766.38550 Annual 47,055.80575 49,408.59604 51,879.02584 54,472.97714 57,196.62599 PT12 12 Hourly 23.18856 24.34799 25.56539 26.84365 28.18584 Bi-weekly 1,855.08465 1,947.83888 2,045.23083 2,147.49237 2,254.86699 Monthly 4,019.35007 4,220.31758 4,431.33346 4,652.90013 4,885.54514 Annual 48,232.20090 50,643.81094 53,176.00149 55,834.80156 58,626.54164 Maintenance Worker I 13 Hourly 23.76827 24.95669 26.20452 27.51475 28.89048 PT13 Bi-weekly 1,901.46177 1,996.53485 2,096.36160 2,201.17968 2,311.23866 Monthly 4,119.83383 4,325.82552 4,542.11679 4,769.22263 5,007.68377 Annual 49,438.00592 51,909.90622 54,505.40153 57,230.67160 60,092.20518 Assistant Mechanic 14 Hourly 24.36248 25.58060 26.85963 28.20261 29.61275 Parking Enforcement Technician Bi-weekly 1,948.99831 2,046.44823 2,148.77064 2,256.20917 2,369.01963 PT14 Monthly 4,222.82967 4,433.97116 4,655.66971 4,888.45320 5,132.87586 Annual 50,673.95607 53,207.65387 55,868.03656 58,661.43839 61,594.51031 Administrative Assistant 15 Hourly 24.97154 26.22012 27.53112 28.90768 30.35306 PT15 Bi-weekly 1,997.72327 2,097.60943 2,202.48990 2,312.61440 2,428.24512 Monthly 4,328.40041 4,544.82043 4,772.06146 5,010.66453 5,261.19776 Annual 51,940.80497 54,537.84522 57,264.73748 60,127.97435 63,134.37307 Council Agenda 11-7-2023 9.M-13
Attachment 1.C
Packet Page 285
City of Pismo Beach
Salary Table
5% between steps
Effective July 3, 2023
Water Systems Operator I 16 Hourly 25.59583 26.87562 28.21940 29.63037 31.11189 PT16 Bi-weekly 2,047.66635 2,150.04967 2,257.55215 2,370.42976 2,488.95125 Monthly 4,436.61042 4,658.44095 4,891.36299 5,135.93114 5,392.72770 Annual 53,239.32509 55,901.29135 58,696.35592 61,631.17371 64,712.73240 Accounting Clerk 17 Hourly 26.23573 27.54751 28.92489 30.37113 31.88969 Wastewater Plant Operator I Bi-weekly 2,098.85801 2,203.80091 2,313.99095 2,429.69050 2,551.17503 PT17 Monthly 4,547.52569 4,774.90197 5,013.64707 5,264.32942 5,527.54589 Annual 54,570.30822 57,298.82363 60,163.76481 63,171.95305 66,330.55071 Police Records Technician 18 Hourly 26.89162 28.23620 29.64801 31.13041 32.68693 Recreation Coordinator Bi-weekly 2,151.32946 2,258.89593 2,371.84073 2,490.43276 2,614.95440 PT18 Monthly 4,661.21383 4,894.27452 5,138.98824 5,395.93766 5,665.73454 Annual 55,934.56593 58,731.29422 61,667.85893 64,751.25188 67,988.81447 PT19 19 Hourly 27.56391 28.94210 30.38921 31.90867 33.50410 Bi-weekly 2,205.11270 2,315.36833 2,431.13675 2,552.69358 2,680.32826 Monthly 4,777.74417 5,016.63138 5,267.46295 5,530.83610 5,807.37790 Annual 57,332.93007 60,199.57658 63,209.55541 66,370.03318 69,688.53484 Code Enforcement Officer 20 Hourly 28.25301 29.66566 31.14894 32.70639 34.34171 PT20 Bi-weekly 2,260.24051 2,373.25254 2,491.91517 2,616.51092 2,747.33647 Monthly 4,897.18778 5,142.04717 5,399.14952 5,669.10700 5,952.56235 Annual 58,766.25333 61,704.56599 64,789.79429 68,029.28401 71,430.74821 Accounting Technician 21 Hourly 28.95933 30.40730 31.92766 33.52405 35.20025 Administrative Secretary Bi-weekly 2,316.74653 2,432.58385 2,554.21304 2,681.92370 2,816.01988 Building Permit Technician Monthly 5,019.61747 5,270.59835 5,534.12826 5,810.83468 6,101.37641 Maintenance Worker II Annual 60,235.40966 63,247.18014 66,409.53915 69,730.01611 73,216.51691 PT21
Water Systems Operator II 22 Hourly 29.68331 31.16748 32.72585 34.36215 36.08025 Lead Police Records Technician Bi-weekly 2,374.66519 2,493.39845 2,618.06837 2,748.97179 2,886.42038 PT22 Monthly 5,145.10791 5,402.36330 5,672.48147 5,956.10554 6,253.91082 Annual 61,741.29490 64,828.35965 68,069.77763 71,473.26651 75,046.92984 Public Safety Dispatcher NS 22 Hourly 30.86742 32.41079 34.03133 35.73290 37.51955 PT-NS22 Bi-weekly 2,469.39389 2,592.86358 2,722.50676 2,858.63210 3,001.56370 Monthly 5,350.35342 5,617.87109 5,898.76465 6,193.70288 6,503.38802 Annual 64,204.24106 67,414.45311 70,785.17577 74,324.43455 78,040.65628 PT23 23 Hourly 30.42540 31.94667 33.54400 35.22120 36.98226 Bi-weekly 2,434.03182 2,555.73341 2,683.52008 2,817.69608 2,958.58089 Monthly 5,273.73561 5,537.42239 5,814.29351 6,105.00818 6,410.25859 Annual 63,284.82727 66,449.06864 69,771.52207 73,260.09817 76,923.10308 Community Services Officer NS 23 Hourly 31.63911 33.22106 34.88212 36.62622 38.45753 PT-NS23 Bi-weekly 2,531.12871 2,657.68515 2,790.56940 2,930.09787 3,076.60277 Monthly 5,484.11221 5,758.31782 6,046.23371 6,348.54539 6,665.97266 Annual 65,809.34649 69,099.81382 72,554.80451 76,182.54473 79,991.67197 Executive Assistant 24 Hourly 31.18603 32.74533 34.38260 36.10173 37.90682 Executive Assistant Confidential Bi-weekly 2,494.88261 2,619.62674 2,750.60808 2,888.13849 3,032.54541 Tourism Coordinator Monthly 5,405.57900 5,675.85795 5,959.65084 6,257.63339 6,570.51505 Fleet Mechanic Annual 64,866.94796 68,110.29535 71,515.81012 75,091.60063 78,846.18066 Engineering Technician
Wastewater Plant Operator II
Information Technology Technician
Lead Maintenance Worker
PT24
Building Inspector I 25 Hourly 31.96568 33.56397 35.24217 37.00427 38.85449 PT25 Bi-weekly 2,557.25468 2,685.11741 2,819.37328 2,960.34195 3,108.35905 Monthly 5,540.71847 5,817.75439 6,108.64211 6,414.07422 6,734.77793 Annual 66,488.62165 69,813.05274 73,303.70537 76,968.89064 80,817.33517 Crime Analyst 26 Hourly 32.76483 34.40307 36.12322 37.92938 39.82585 Lead Water Systems Operator Bi-weekly 2,621.18605 2,752.24535 2,889.85762 3,034.35050 3,186.06802 PT26 Monthly 5,679.23643 5,963.19825 6,261.35817 6,574.42608 6,903.14738 Annual 68,150.83720 71,558.37906 75,136.29801 78,893.11291 82,837.76855 Senior Public Safety Dispatcher NS 26 Hourly 34.07186 35.77545 37.56422 39.44243 41.41456 PT-NS26 Bi-weekly 2,725.74857 2,862.03600 3,005.13780 3,155.39469 3,313.16443 Monthly 5,905.78857 6,201.07800 6,511.13190 6,836.68850 7,178.52292 Annual 70,869.46290 74,412.93604 78,133.58284 82,040.26199 86,142.27509 Council Agenda 11-7-2023 9.M-14
Attachment 1.C
Packet Page 286
City of Pismo Beach
Salary Table
5% between steps
Effective July 3, 2023
PT27 27 Hourly 33.58395 35.26314 37.02630 38.87762 40.82150 Bi-weekly 2,686.71570 2,821.05148 2,962.10406 3,110.20926 3,265.71972 Monthly 5,821.21734 6,112.27821 6,417.89212 6,738.78673 7,075.72606 Annual 69,854.60813 73,347.33853 77,014.70546 80,865.44073 84,908.71277 Recreation Supervisor 28 Hourly 34.42354 36.14472 37.95196 39.84956 41.84203 Regulatory Compliance Coordinator Bi-weekly 2,753.88359 2,891.57777 3,036.15666 3,187.96449 3,347.36271 Lead Wastewater Operator Monthly 5,966.74778 6,265.08517 6,578.33942 6,907.25640 7,252.61922 PT28 Annual 71,600.97333 75,181.02200 78,940.07309 82,887.07675 87,031.43059 Assistant Planner 29 Hourly 35.28413 37.04834 38.90076 40.84580 42.88808 Building Inspector II Bi-weekly 2,822.73068 2,963.86721 3,112.06057 3,267.66360 3,431.04678 PT29 Monthly 6,115.91647 6,421.71230 6,742.79791 7,079.93781 7,433.93470 Annual 73,390.99766 77,060.54754 80,913.57492 84,959.25367 89,207.21635 Parking Operations Supervisor 30 Hourly 36.16624 37.97455 39.87328 41.86694 43.96029 PT30 Bi-weekly 2,893.29895 3,037.96389 3,189.86209 3,349.35519 3,516.82295 Monthly 6,268.81438 6,582.25510 6,911.36786 7,256.93625 7,619.78306 Annual 75,225.77260 78,987.06123 82,936.41430 87,083.23501 91,437.39676 Assistant Engineer 31 Hourly 37.07039 38.92391 40.87011 42.91361 45.05929 Management Analyst Bi-weekly 2,965.63142 3,113.91299 3,269.60864 3,433.08907 3,604.74353 Accountant Monthly 6,425.53474 6,746.81148 7,084.15205 7,438.35966 7,810.27764 PT31 Annual 77,106.41692 80,961.73776 85,009.82465 89,260.31589 93,723.33168 Associate Planner 32 Hourly 37.99715 39.89701 41.89186 43.98645 46.18578 PT32 Bi-weekly 3,039.77221 3,191.76082 3,351.34886 3,518.91630 3,694.86211 Monthly 6,586.17311 6,915.48177 7,261.25586 7,624.31865 8,005.53458 Annual 79,034.07734 82,985.78121 87,135.07027 91,491.82378 96,066.41497 Police Support Services Supervisor NS 32 Hourly 39.51291 41.48856 43.56299 45.74113 48.02819 PT-NS32 Bi-weekly 3,161.03293 3,319.08458 3,485.03880 3,659.29074 3,842.25528 Monthly 6,848.90468 7,191.34991 7,550.91741 7,928.46328 8,324.88644 Annual 82,186.85615 86,296.19896 90,611.00891 95,141.55936 99,898.63732 Building Inspector/Plans Examiner 33 Hourly 38.94708 40.89444 42.93916 45.08612 47.34042 PT33 Bi-weekly 3,115.76651 3,271.55484 3,435.13258 3,606.88921 3,787.23367 Monthly 6,750.82744 7,088.36881 7,442.78725 7,814.92661 8,205.67295 Annual 81,009.92927 85,060.42574 89,313.44703 93,779.11938 98,468.07535 Senior Management Analyst 34 Hourly 39.92076 41.91680 44.01264 46.21327 48.52393 Senior Accountant Bi-weekly 3,193.66067 3,353.34371 3,521.01089 3,697.06144 3,881.91451 PT34 Monthly 6,919.59813 7,265.57803 7,628.85693 8,010.29978 8,410.81477 Annual 83,035.17751 87,186.93638 91,546.28320 96,123.59736 100,929.77723 PT35 35 Hourly 40.91878 42.96472 45.11295 47.36860 49.73703 Bi-weekly 3,273.50219 3,437.17730 3,609.03616 3,789.48797 3,978.96237 Monthly 7,092.58808 7,447.21748 7,819.57836 8,210.55727 8,621.08514 Annual 85,111.05694 89,366.60979 93,834.94028 98,526.68730 103,453.02166 Police Officer SW 35 Hourly 41.72881 43.81525 46.00602 48.30632 50.72163 PT-SW35 Bi-weekly 3,338.30499 3,505.22024 3,680.48125 3,864.50532 4,057.73058 Monthly 7,232.99415 7,594.64386 7,974.37605 8,373.09485 8,791.74960 Annual 86,795.92980 91,135.72629 95,692.51260 100,477.13823 105,500.99514 Senior Planner 36 Hourly 41.94175 44.03883 46.24078 48.55281 50.98046 Accounting Supervisor Bi-weekly 3,355.33974 3,523.10673 3,699.26207 3,884.22517 4,078.43643 PT36 Monthly 7,269.90278 7,633.39792 8,015.06782 8,415.82121 8,836.61227 Annual 87,238.83337 91,600.77504 96,180.81379 100,989.85448 106,039.34720 PT37 37 Hourly 42.99029 45.13981 47.39680 49.76664 52.25497 Bi-weekly 3,439.22324 3,611.18440 3,791.74362 3,981.33080 4,180.39734 Monthly 7,451.65035 7,824.23287 8,215.44451 8,626.21674 9,057.52757 Annual 89,419.80420 93,890.79441 98,585.33413 103,514.60084 108,690.33088 Capital Projects Manager 38 Hourly 44.06505 46.26830 48.58172 51.01080 53.56134 PT38 Bi-weekly 3,525.20382 3,701.46401 3,886.53721 4,080.86407 4,284.90728 Monthly 7,637.94161 8,019.83869 8,420.83062 8,841.87216 9,283.96576 Annual 91,655.29931 96,238.06427 101,049.96749 106,102.46586 111,407.58915 PT39 39 Hourly 45.16667 47.42501 49.79626 52.28607 54.90037 Bi-weekly 3,613.33392 3,794.00061 3,983.70064 4,182.88567 4,392.02996 Monthly 7,828.89015 8,220.33466 8,631.35139 9,062.91896 9,516.06491 Annual 93,946.68179 98,644.01588 103,576.21667 108,755.02751 114,192.77888 Police Corporal SW 39 Hourly 46.06080 48.36384 50.78203 53.32113 55.98719 PT-SW39 Bi-weekly 3,684.86396 3,869.10715 4,062.56251 4,265.69064 4,478.97517 Monthly 7,983.87190 8,383.06550 8,802.21877 9,242.32971 9,704.44620 Annual 95,806.46285 100,596.78600 105,626.62530 110,907.95656 116,453.35439 Council Agenda 11-7-2023 9.M-15
Attachment 1.C
Packet Page 287
City of Pismo Beach
Salary Table
5% between steps
Effective July 3, 2023
Facilities Manager 40 Hourly 46.29584 48.61063 51.04116 53.59322 56.27288 PT40 Bi-weekly 3,703.66726 3,888.85063 4,083.29316 4,287.45782 4,501.83071 Monthly 8,024.61240 8,425.84302 8,847.13517 9,289.49193 9,753.96653 Annual 96,295.34883 101,110.11628 106,165.62209 111,473.90319 117,047.59835 Recreation Manager 41 Hourly 47.45324 49.82590 52.31719 54.93305 57.67971 PT41 Bi-weekly 3,796.25894 3,986.07189 4,185.37549 4,394.64426 4,614.37647 Monthly 8,225.22771 8,636.48910 9,068.31355 9,521.72923 9,997.81569 Annual 98,702.73256 103,637.86918 108,819.76264 114,260.75077 119,973.78831 Engineer 42 Hourly 48.63957 51.07155 53.62512 56.30638 59.12170 PT42 Bi-weekly 3,891.16542 4,085.72369 4,290.00987 4,504.51037 4,729.73589 Monthly 8,430.85841 8,852.40133 9,295.02139 9,759.77246 10,247.76109 Annual 101,170.30087 106,228.81591 111,540.25671 117,117.26954 122,973.13302 City Clerk 43 Hourly 49.85556 52.34833 54.96575 57.71404 60.59974 PT43 Bi-weekly 3,988.44455 4,187.86678 4,397.26012 4,617.12313 4,847.97928 Monthly 8,641.62987 9,073.71136 9,527.39693 10,003.76677 10,503.95511 Annual 103,699.55839 108,884.53631 114,328.76313 120,045.20128 126,047.46135 IT Manager 44 Hourly 51.10195 53.65704 56.33990 59.15689 62.11473 Human Resources Officer Bi-weekly 4,088.15567 4,292.56345 4,507.19162 4,732.55120 4,969.17876 PT44 Monthly 8,857.67061 9,300.55414 9,765.58185 10,253.86094 10,766.55399 Annual 106,292.04735 111,606.64972 117,186.98220 123,046.33131 129,198.64788 PT45 45 Hourly 52.37949 54.99847 57.74839 60.63581 63.66760 Bi-weekly 4,190.35956 4,399.87754 4,619.87141 4,850.86498 5,093.40823 Monthly 9,079.11238 9,533.06800 10,009.72140 10,510.20747 11,035.71784 Annual 108,949.34853 114,396.81596 120,116.65676 126,122.48960 132,428.61408 Senior Engineer 46 Hourly 53.68898 56.37343 59.19210 62.15171 65.25929 Finance Manager Bi-weekly 4,295.11855 4,509.87448 4,735.36820 4,972.13661 5,220.74344 Planning Manager Monthly 9,306.09019 9,771.39470 10,259.96443 10,772.96265 11,311.61079 PT46 Annual 111,673.08225 117,256.73636 123,119.57318 129,275.55184 135,739.32943 Police Sergeant SW 46 Hourly 54.75182 57.48941 60.36388 63.38208 66.55118 PT-SW46 Bi-weekly 4,380.14564 4,599.15292 4,829.11057 5,070.56610 5,324.09440 Monthly 9,490.31555 9,964.83133 10,463.07290 10,986.22654 11,535.53787 Annual 113,883.78664 119,577.97598 125,556.87478 131,834.71851 138,426.45444 PT47 47 Hourly 55.03121 57.78277 60.67191 63.70550 66.89078 Bi-weekly 4,402.49651 4,622.62134 4,853.75240 5,096.44002 5,351.26203 Monthly 9,538.74244 10,015.67956 10,516.46354 11,042.28672 11,594.40106 Annual 114,464.90930 120,188.15477 126,197.56251 132,507.44063 139,132.81267 Building Official 48 Hourly 56.40699 59.22734 62.18870 65.29814 68.56304 Utilities Manager Bi-weekly 4,512.55892 4,738.18687 4,975.09621 5,223.85102 5,485.04358 PT48 Monthly 9,777.21100 10,266.07155 10,779.37513 11,318.34389 11,884.26108 Annual 117,326.53204 123,192.85864 129,352.50157 135,820.12665 142,611.13298 Engineering Manager 49 Hourly 57.81716 60.70802 63.74342 66.93059 70.27712 PT49 Bi-weekly 4,625.37290 4,856.64154 5,099.47362 5,354.44730 5,622.16967 Monthly 10,021.64128 10,522.72334 11,048.85951 11,601.30248 12,181.36761 Annual 120,259.69534 126,272.68010 132,586.31411 139,215.62982 146,176.41131 PT50 50 Hourly 59.26259 62.22572 65.33701 68.60386 72.03405 Bi-weekly 4,741.00722 4,978.05758 5,226.96046 5,488.30848 5,762.72391 Monthly 10,272.18231 10,785.79143 11,325.08100 11,891.33505 12,485.90180 Annual 123,266.18772 129,429.49711 135,900.97196 142,696.02056 149,830.82159 PT51 51 Hourly 60.74416 63.78136 66.97043 70.31895 73.83490 Bi-weekly 4,859.53240 5,102.50902 5,357.63447 5,625.51620 5,906.79200 Monthly 10,528.98687 11,055.43621 11,608.20802 12,188.61842 12,798.04934 Annual 126,347.84241 132,665.23454 139,298.49626 146,263.42108 153,576.59213 PT52 52 Hourly 62.26276 65.37590 68.64469 72.07693 75.68077 Bi-weekly 4,981.02071 5,230.07175 5,491.57533 5,766.15410 6,054.46181 Monthly 10,792.21154 11,331.82212 11,898.41322 12,493.33388 13,118.00058 Annual 129,506.53847 135,981.86540 142,780.95867 149,920.00660 157,416.00693 PT53 53 Hourly 63.81933 67.01029 70.36081 73.87885 77.57279 Bi-weekly 5,105.54623 5,360.82354 5,628.86472 5,910.30795 6,205.82335 Monthly 11,062.01683 11,615.11767 12,195.87355 12,805.66723 13,445.95059 Annual 132,744.20194 139,381.41203 146,350.48264 153,668.00677 161,351.40711 Police Commander 54 Hourly 65.41481 68.68555 72.11983 75.72582 79.51211 Tourism and Events Director Bi-weekly 5,233.18488 5,494.84413 5,769.58633 6,058.06565 6,360.96893 PT54 Monthly 11,338.56725 11,905.49561 12,500.77039 13,125.80891 13,782.09936 Annual 136,062.80699 142,865.94733 150,009.24470 157,509.70694 165,385.19228 Council Agenda 11-7-2023 9.M-16
Attachment 1.C
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City of Pismo Beach
Salary Table
5% between steps
Effective July 3, 2023
PT55 55 Hourly 67.05018 70.40269 73.92282 77.61897 81.49991 Bi-weekly 5,364.01451 5,632.21523 5,913.82599 6,209.51729 6,519.99316 Monthly 11,622.03143 12,203.13300 12,813.28965 13,453.95413 14,126.65184 Annual 139,464.37716 146,437.59602 153,759.47582 161,447.44961 169,519.82209 PT56 56 Hourly 68.72644 72.16276 75.77090 79.55944 83.53741 Bi-weekly 5,498.11487 5,773.02061 6,061.67164 6,364.75522 6,682.99299 Monthly 11,912.58222 12,508.21133 13,133.62189 13,790.30299 14,479.81814 Annual 142,950.98659 150,098.53592 157,603.46271 165,483.63585 173,757.81764 PT57 57 Hourly 70.44460 73.96683 77.66517 81.54843 85.62585 Bi-weekly 5,635.56774 5,917.34613 6,213.21343 6,523.87411 6,850.06781 Monthly 12,210.39677 12,820.91661 13,461.96244 14,135.06056 14,841.81359 Annual 146,524.76125 153,850.99932 161,543.54928 169,620.72675 178,101.76308 PT58 58 Hourly 72.20571 75.81600 79.60680 83.58714 87.76649 Bi-weekly 5,776.45693 6,065.27978 6,368.54377 6,686.97096 7,021.31951 Monthly 12,515.65669 13,141.43952 13,798.51150 14,488.43708 15,212.85893 Annual 150,187.88028 157,697.27430 165,582.13801 173,861.24491 182,554.30716 PT59 59 Hourly 74.01085 77.71140 81.59697 85.67682 89.96066 Bi-weekly 5,920.86836 6,216.91178 6,527.75736 6,854.14523 7,196.85249 Monthly 12,828.54811 13,469.97551 14,143.47429 14,850.64800 15,593.18040 Annual 153,942.57729 161,639.70616 169,721.69146 178,207.77604 187,118.16484 PT60 60 Hourly 75.86113 79.65418 83.63689 87.81874 92.20967 Bi-weekly 6,068.89007 6,372.33457 6,690.95130 7,025.49886 7,376.77381 Monthly 13,149.26181 13,806.72490 14,497.06115 15,221.91420 15,983.00991 Annual 157,791.14172 165,680.69881 173,964.73375 182,662.97044 191,796.11896 Community Development Director 61 Hourly 77.75765 81.64554 85.72781 90.01420 94.51491 Administrative Services Director Bi-weekly 6,220.61232 6,531.64293 6,858.22508 7,201.13633 7,561.19315 Management Services Director Monthly 13,477.99336 14,151.89302 14,859.48767 15,602.46206 16,382.58516 PT61 Annual 161,735.92027 169,822.71628 178,313.85209 187,229.54470 196,591.02193 PT62 62 Hourly 79.70160 83.68668 87.87101 92.26456 96.87779 Bi-weekly 6,376.12763 6,694.93401 7,029.68071 7,381.16474 7,750.22298 Monthly 13,814.94319 14,505.69035 15,230.97487 15,992.52361 16,792.14979 Annual 165,779.31827 174,068.28419 182,771.69840 191,910.28332 201,505.79748 Dir of Public Works/City Engineer 63 Hourly 81.69414 85.77884 90.06778 94.57117 99.29973 PT63 Bi-weekly 6,535.53082 6,862.30736 7,205.42273 7,565.69386 7,943.97855 Monthly 14,160.31677 14,868.33261 15,611.74924 16,392.33670 17,211.95353 Annual 169,923.80123 178,419.99129 187,340.99086 196,708.04040 206,543.44242 Police Chief 64 Hourly 83.73649 87.92331 92.31948 96.93545 101.78223 PT64 Bi-weekly 6,698.91909 7,033.86504 7,385.55829 7,754.83621 8,142.57802 Monthly 14,514.32469 15,240.04092 16,002.04297 16,802.14512 17,642.25237 Annual 174,171.89626 182,880.49107 192,024.51563 201,625.74141 211,707.02848 Assistant City Manager 65 Hourly 85.82990 90.12140 94.62747 99.35884 104.32678 PT65 Bi-weekly 6,866.39206 7,209.71167 7,570.19725 7,948.70711 8,346.14247 Monthly 14,877.18281 15,621.04195 16,402.09404 17,222.19875 18,083.30868 Annual 178,526.19367 187,452.50335 196,825.12852 206,666.38495 216,999.70419 City Manager 72 Hourly 102.02478 107.12602 112.48232 118.10644 124.01176 Bi-weekly 8,161.98243 8,570.08155 8,998.58562 9,448.51491 9,920.94065 Monthly 17,684.29526 18,568.51002 19,496.93552 20,471.78230 21,495.37141 Annual 212,211.54307 222,822.12022 233,963.22623 245,661.38755 257,944.45692 Council Agenda 11-7-2023 9.M-17
Attachment 1.C
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
SUBJECT/TITLE:
SHELL BEACH ROAD MULTI-USE PATH CONFIGURATION
RECOMMENDATION:
1. Provide staff with direction on how to proceed with the Shell Beach Road Multi- Use Path.
2. Should the City Council direct staff to proceed with the Multi-Use Path: Adopt a Resolution Approving Notice of Exemption No. 2023-023 for the Shell Beach Road Shared Use Path Extension Project.
BACKGROUND:
The City recently completed the Shell Beach Streetscape Project which included a multi- use path throughout the Village of Shell Beach. The path has proven to be a beloved amenity to locals and visitors alike. The City’s Bicycle and Pedestrian Master Plan calls for multi-modal connectivity from the northern city limits, near El Portal Drive, down Shell Beach Road to Dolliver Street to the southern city limits, near the Butterfly Grove.
Caltrans and the San Luis Obispo Council of Governments (SLOCOG) have been working on the Five Cities Multimodal Corridor Enhancement Project, which includes a southbound US 101 part-time managed travel lane through most of Pismo Beach. This will help to alleviate peak traffic congestion on US 101.
On June 28, 2023, the California Transportation Commission (CTC) awarded SLOCOG $65 million from the Trade Corridor Enhancement Program (TCEP) for the Five Cities Multimodal Transportation Network Enhancement Project. The TCEP award includes funding to construct the US 101 southbound managed lane project, as well as $508,000 to design and $3.6 million to construct the Shell Beach Road Shared Use Path Extension project (the Project). Before these funds can be allocated, the project’s scope, cost estimates for design and construction, schedule, and environmental determination must be recorded in a Project Report Equivalent (PRE) and California Environmental Document Act (CEQA) document. The CEQA determination must be approved by December 28, 2023, and a Statutory Exemption from CEQA is expected and being pursued, and the PRE must be approved by the CTC within 6 months of environmental clearance.
Staff has been working closely with SLOCOG staff, Caltrans and its consultants, Wallace Group and Rincon Consultants, Inc., to develop conceptual plans for the project in order to obtain the environmental clearances within the given timeline.
The City’s Circulation Element (2019) calls for such a path on the freeway, or inland, side of Shell Beach Road (Alternative 1), however installing the path on this side of the street has the following challenges:
More and higher retaining walls
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Private property conflicts
Longer environmental permitting timeline, which will likely exclude the project from funding
An alternative path alignment (Alternative 2) was developed on the ocean side of Shell Beach Road, which will eliminate the large excavations and retaining walls required on the inland side of the street and has shown to have the other following advantages:
Less expensive construction costs: approximately half of the cost of building the path on the inland side of the street
No expected private property conflicts
Minimal environmental monitoring requirements due to the lack of excavation and major grading.
Safer connection to the portion of the path located in the county (from the Avila Beach Drive roundabout to the city limits, which will be on the ocean side for safety reasons
Reduced potential for safety conflicts with a higher speed roadway due to the reduction of required crossings of Shell Beach Road to reach beach access and vista areas
Improved safety at the southbound US 101 on- and off-ramps/Spyglass Drive/Shell Beach Road intersection by moving the crossing to the oceanside leg of the intersection, away from the on and off ramps.
On October 12, 2023 the Traffic Safety Committee (TSC) discussed the Project and reviewed exhibits of the two possible path alignments. The TSC recommends locating the path on the ocean side of Shell Beach Road (Alternative 2) and investigating a curb for a buffered bike lane.
Exhibits depicting Alternative 2 (ocean side path configuration) are provided as part of Attachment 2. Exhibits depicting Alternative 1 (inland side path configuration) are provided as Attachment 3.
Environmental Review
The Project has been reviewed in accordance with CEQA. As a result of in-depth analysis, it has been determined that the path is Statutorily Exempt pursuant to Public Resources Code (PRC) Section 21080.25. This Statutory Exemption results from the provisions of Senate Bill 922, which recognizes that pedestrian and bicycle facilities that improve safety, access, or mobility, including new facilities, within the public right-of-way are exempt from CEQA. Accordingly, Rincon has prepared a Statutory Exemption Memorandum (Attachment 2) for Alternative 2, outlining the Project’s consistency with the applicable criteria of PRC 21080.25. Staff has reviewed this memorandum and concurs with the conclusion that the Project is exempt from further CEQA review. Should the City Council direct staff to move forward with the Project, staff recommends that the Council adopt a Resolution authorizing staff to file an appropriate Notice of Exemption.
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Conclusion and Recommendation
Staff recommends that Council discuss the two options for the Shell Beach Road Multi Use Path Extension Project and direct staff on how to proceed. If the Council chooses to direct staff to pursue the Project with the path aligned on the ocean side of Shell Beach Road, then staff recommends that the Council adopt a Resolution (Attachment 1) authorizing staff to file Notice of Exemption No. 2023-023 for the Project.
FISCAL IMPACT:
There is no direct fiscal impact associated with Council’s direction at this time, however any funding shortfalls must be addressed by the city and SLOCOG, as the CTC will provide no additional funding beyond the grant award.
Planning level cost estimates are being developed by Wallace Group and are expected to range between $3.5-$5 million for the ocean side alignment and $8-$10 million for the inland side alignment. The final PRE will refine these initial planning level estimates.
ALTERNATIVES:
1. Provide staff with other direction.
ATTACHMENTS:
1. Resolution
2. Statutory Exemption Memorandum including Alternative 2 Exhibits
3. Alternative 1 Exhibits
Submitted by: Meeting Date: November 7, 2023
Benjamin A. Fine, P.E. Director of Public Works/City Engineer Matthew Downing, Community Development Director
City Manager Approval:
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RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA APPROVING NOTICE OF EXEMPTION NO. 2023-023 FOR THE
SHELL BEACH ROAD SHARED USE PATH EXTENSION PROJECT
WHEREAS, the Shell Beach Road Shared Use Path Extension project addresses multi- modal connectivity from the northern city limits, near El Portal Drive, down Shell Beach Road to Terrace Avenue; and
WHEREAS, the California Transportation Commission (CTC) awarded SLOCOG $65 million from the Trade Corridor Enhancement Program (TCEP) for the Five Cities Multimodal Transportation Network Enhancement Project; and WHEREAS, the TCEP award includes funding to construct the US 101 southbound managed lane project, as well as $508,000 to design and $3.6 million to construct the Shell Beach Road Shared Use Path Extension project; and WHEREAS, the Project has been reviewed in accordance with the California Environmental Quality Act (CEQA) and as a result of in-depth analysis, it has been determined that the path is Statutorily Exempt pursuant to Public Resources Code (PRC) Section 21080.25 in line with the provisions of Senate Bill 922, which recognizes that pedestrian and bicycle facilities that improve safety, access, or mobility, including new facilities, within the public right-of-way are exempt from CEQA.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves and authorizes staff to file Notice of Exemption No. 2023-023 for the Shell Beach Road Shared Use Path Extension 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 7th day of November 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
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Rincon Consultants, Inc.
1530 Monterey St, Suite D
San Luis Obispo, California 93401
805- 547-0900
www .rinconc ons ultan ts.com
October 26, 2023
Rincon Project No: 23-15027
Stephen Hanamaikai
Programming & Project Delivery
San Luis Obispo Council of Governments
1114 Marsh Street
San Luis Obispo, California 93401
Via email: [email protected]
Subject: Shell Beach Road Shared Use Path, Statutory Exemption Memorandum Spyglass Drive to Avila Beach Drive, San Luis Obispo County, California Dear Mr. Hanamaikai:
The purpose of this memorandum is to identify that the Shell Beach Road Shared Use Path Project (project) in San Luis Obispo County, California meets the provisions of Senate Bill 922 (SB 922), which provides a Statutory Exemption from the California Environmental Quality Act (CEQA) under Public Resources Code (PRC) 21080.25. The exemption recognizes that pedestrian and bicycle facilities that improve safety, access, or mobility, including new facilities, within the public right-of-way (ROW) are exempt from CEQA when specific criteria are met. This memorandum describes the project’s consistency with the applicable criteria and accompanies a Notice of Exemption (NOE) for the project.
Project Location and Description
The approximately 2-mile Shell Beach Road Shared Use Path, the majority of which is identified in both Pismo Beach’s Complete Street Plan (March 2013) and Bicycle and Pedestrian Master Plan (June 2010), would span from the northern Pismo Beach City Limit to Avila Beach Drive in unincorporated San Luis Obispo County and from El Portal Drive to Terrace Avenue in the City of Pismo Beach.
Improvements would include:
A Class I multi-use trail on Shell Beach Road adjacent to Palisades Park and coastal access trail connections;
Restriping Shell Beach Road along the project alignment to provide Class II (where available road width allows) and Class III bike lanes;
Bicycle parking and seating nodes at certain locations in the corridor; Street crossings signage, and paving markings to warn motorists to be alert and reduce speeds due to the presence of the trail;
Planted or hardscaped buffers to provide separation between the Class I multi-use trail and Shell Beach Road;
Medians and planting as space and access needs allow, which visually narrow the road and act as traffic calming measures along the project alignment; and Retaining walls where necessary to provide slope stability and ensure the above-described improvements remain entirely within the existing public ROW.
Attachment 2
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San Luis Obispo Council of Governments
Shell Beach Road Shared Use Path
2 At the Seacliff Drive intersection, anticipated enhancements include signage and a pedestrian hybrid beacon for multi-use trail users to cross Shell Beach Road.
It is anticipated that permanent facilities will be constructed entirely within the existing public ROW, will not require permanent easements or private property purchases, and early construction cost estimates anticipate less than $10M in construction costs. The final project plans will be required to verify this assumption.
Senate Bill 922
SB 922, signed into law in September 2022, amends PRC Sections 21080.20 and 21080.25 to exempt “pedestrian and bicycle facilities that improve safety, access, or mobility, including new facilities, within the public right-of-way” (PRC Section 21080.25[b][1]). PRC Section 21080.25 of the CEQA Guidelines establishes a statutory exemption for transit prioritization projects and pedestrian and bicycle facility projects, as well as projects for the institution or increase of new bus rapid transit, bus, or light rail services on public or highway ROW. To be eligible for this statutory exemption under PRC 21080.25, the following must be true:
A local agency is carrying out the project and is the lead agency for the project. The project does not induce single-occupancy vehicle trips, add additional highway lanes, widen highways, add physical infrastructure or striping to highways, or include the addition of any auxiliary lanes.
Construction of the project does not require the demolition of affordable housing units. The project estimate does not exceed $50 million.
The local lead agency will certify that the project will be completed by a skilled and trained workforce.
This exemption expires on January 1, 2030. Lead agencies must file an NOE when pursuing an exemption under SB 922. Therefore, this memorandum accompanies the NOE for the project.
Consistency Analysis
The Shell Beach Road Shared Use Bike Path Project qualifies for a Statutory Exemption under SB 922 as a pedestrian and bicycle facility within the public ROW because the project involves a Class I multi- use trail, Class II bike lanes where possible, and associated bicycle and pedestrian facilities entirely within the public ROW. The project would improve access and mobility by creating new opportunities for both residences and visitors to use bicycle and pedestrian facilities to access residential communities, park and recreational areas including coastal recreational areas, neighborhood commercial districts, hotels, restaurants, and tourist-serving facilities. The project would also improve safety by adding new features to warn motorists of the presence of bicycle and pedestrian users and by using medians and planting to visually narrow the road and act as a traffic calming device. For these reasons, the project would be statutorily exempt from CEQA requirements, in accordance with PRC Section 21080.25.
Attachment 2
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San Luis Obispo Council of Governments
Shell Beach Road Shared Use Path
3 A project exempt from CEQA must also be in conformance with the additional requirements of SB 922, as articulated in PRC Section 21080.25(c). The analysis below demonstrates how the project meets each of the SB 922 stipulations.
A local agency is carrying out the project and is the lead agency for the project. (Section 21080.25 [c][1])
The project would be carried out by the City of Pismo Beach, which would also serve as the lead agency.
All decisions made by the lead agency will be subject to approval by the Pismo Beach City Council.
Therefore, this project meets this requirement.
The project does not induce single-occupancy vehicle trips, add additional highway lanes, widen highways, or add physical infrastructure or striping to highways, except for minor modifications needed for the efficient and safe movement of transit vehicles, bicycles, or high-occupancy vehicles, such as extended merging lanes, shoulder improvements, or improvements to the roadway within the existing right of way. The project does not include the addition of any auxiliary lanes. (Section 21080.25 [c][2])
The project would not induce single-occupancy vehicle trips or add automobile capacity to the existing public ROW or nearby streets. Rather, the project would be limited to installing a Class I multi-use trail, Class II bike lanes, and associated bicycle and pedestrian facilities. Therefore, the project meets this requirement.
The construction of the project does not require the demolition of affordable housing units. (Section 21080.25 [c][3])
The project would be located entirely within the public ROW and would not require the demolition of any residential development, including affordable housing units. Therefore, the project meets this requirement.
The project estimate does not exceed $50 million. (Section 21080.25 [d] and [e]) PRC Section 21080.25(d) and (e) include additional requirements for projects exceeding $100 million dollars in cost and $50 million dollars in cost, respectively. The existing Project Programming Request (08/2020) currently identifies a total project cost of approximately $4,355,000. This does not exceed either the $100 million or $50 million threshold. Funding for the project is provided by a grant through the Caltrans Clean California Grant. That awarded grant totals approximately $4,298,522. Therefore, the project would not be required to comply with the additional requirements under PRC Section 21080.25(d) and (e).
The lead agency shall take an action at a public meeting of its governing board to certify that the project will be completed by a skilled and trained workforce. (Section 21080.25 [f][1]) The project would be required to be completed by a skilled and trained workforce. Therefore, the project meets this requirement.
Attachment 2
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San Luis Obispo Council of Governments
Shell Beach Road Shared Use Path
4 Conclusion
Based on the analysis documented in this memorandum, the proposed Shell Beach Road Shared Use Bike Path Project meets all criteria for a Statutory Exemption from CEQA. Therefore, the project is statutorily exempt from CEQA pursuant to PRC Section 21080.25, as amended and enacted by SB 922.
Sincerely,
Rincon Consultants, Inc.
Chris Bersbach
Supervising Environmental Planner
Megan Jones
Principal
Attachments
Attachment A Project Location Map
Attachment B Project Site Plans
Attachment C Visual Simulations
Attachment 2
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San Luis Obispo Council of Governments
Shell Beach Road Shared Use Path
2 Attachment A: Project Location Map
Attachment 2
Council Agenda 11-7-2023 12.A-9
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Attachment 2
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San Luis Obispo Council of Governments
Shell Beach Road Shared Use Path
3 Attachment B: Project Site Plans
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ATASCADERO DOWNTOWNSHELL BEACH ROAD SHARED USE PATH
LOCATION 1: PICKLEBALL COURTS
ATASCADERO DOWNTOWNSHELL BEACH ROAD SHARED USE PATH
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ATASCADERO DOWNTOWNSHELL BEACH ROAD SHARED USE PATH
LOCATION 1: PICKLEBALL COURTS
ALTERNATIVE 2
PROPOSED
SHARED USE
PATH
PLANTED
BUFFER
PROPOSED
TURN LANE
EXISTING
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WEST SIDE
WITH OCEAN VIEWS
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ATASCADERO DOWNTOWNSHELL BEACH ROAD SHARED USE PATH
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ATASCADERO DOWNTOWNSHELL BEACH ROAD SHARED USE PATH
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ATASCADERO DOWNTOWNSHELL BEACH ROAD SHARED USE PATH
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ATASCADERO DOWNTOWNSHELL BEACH ROAD SHARED USE PATH
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PATH
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EXISTING
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.B
SUBJECT/TITLE:
INTRODUCTION (FIRST READING) OF AN ORDINANCE MODIFYING CHAPTER 5.22
OF THE PISMO BEACH MUNICIPAL CODE REGARDING SHORT-TERM RENTALS RECOMMENDATION:
Introduce an Ordinance amending Chapter 5.22 of the Pismo Beach Municipal Code, relating to administrative regulations of vacation rentals, short-term rentals, and homestays.
BACKGROUND:
On June 21, 2022, the City Council adopted Urgency Ordinance O-2022-005 imposing a moratorium on the issuance of short-term rental (STR) licenses to allow time for the development of regulations to address neighborhood complaints resulting from the operation of STRs in Pismo Beach. On August 2, 2022, the City Council adopted Urgency Ordinance O-2022-007, extending the moratorium until June 20, 2023, in accordance with Government Code provisions relating to urgency land use ordinances. On June 6, 2023, the moratorium was extended one final time as allowed by law, and it is set to expire on June 20, 2024. The City’s existing STR regulations were industry leading for coastal cities at the time of adoption in 2018. Since that time, the STR environment has evolved, consistent neighborhood complaints have been voiced, and loopholes in the regulations have been identified that necessitate revisions to the regulations.
At the May 2, 2023, City Council meeting, staff proposed introduction of a revision to Title 5, Chapter 5.22 of the Pismo Beach Municipal Code (PBMC), which deals with the administrative regulations for STRs and homestays. The staff report for that meeting, which contained a detailed discussion of the task force created to address STR issues, is available online in the Access Pismo public records portal at www.pismobeach.org/accesspismo1 . While the Council did not act to introduce the ordinance at that time, Council directed staff to return with revised STR regulations addressing a number of specific issues: (1) a limit on the total number of STRs, (2) notification to surrounding properties at the time of issuance of a new or renewed STR license, and (3) a prohibition on STRs outside the Coastal Zone, with the potential for “grandfathering” the existing licenses outside the Coastal Zone. The Council also directed staff to pursue an arrangement with AirBnB and other similar platforms for the sharing of booking data to assist in the enforcement of the City’s regulations.
As such, staff has fairly significantly revised the draft ordinance presented to the Council on May 2. The proposed Ordinance (Attachment 1), which addresses the administrative portion of the STR regulations contained in Municipal Code Title 5, addresses the concerns expressed by the City Council and the Pismo Beach community at that meeting. 1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=472110&dbid=0&repo=Laserfiche Council Agenda 11-7-2023 12.B-1
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In brief, staff has implemented the changes discussed below, as well as various changes in the organization of the chapter as a whole to make it easier to read and apply. A redline version of the ordinance over the May 2 version is also attached so the Council may view the proposed changes since that version.
1. Applicants for an STR license will be required to provide mailing labels to the City to allow notification to all properties within a five-hundred-foot radius that a property owner wishes to use the property for short-term rental purposes.
2. Applicants must show proof of property ownership for a minimum of two consecutive years prior to making an application for an STR license.
3. Applicants must provide an affidavit signed under penalty of perjury that the property is the primary residence of the applicant. The City may also request additional documentation to confirm this status.
4. Applicants whose properties are part of a homeowners’ association must provide written authorization from the HOA board to use the property for short-term rental purposes.
5. Applicants must allow inspections of the premises for the first five years of operation, but thereafter only if a violation of PBMC Chapter 5.22 is sustained.
Staff also added additional standards governing the operation of STRs, including specifying the hours in which garbage bins may be put out for collection and when they must be retrieved. Operators will also be required to renew licenses annually and to provide a detailed listing of each night of STR rental, a listing of rental charges imposed, and proof of Transient Occupancy Tax (TOT) payment.
Most notably, though, staff has included a provision that establishes a maximum number of STR licenses in the city, which is currently set at 28 based on the number of licenses in existence when the Council gave direction to staff to establish a numerical cap. No applications for new STR licenses will be accepted after December 5, 2023, but renewals of existing licenses will be allowed until the property changes hands, or until the license is either revoked or not renewed. This will have the effect of gradually reducing the number of STRs in the city over time.
From an enforcement standpoint, the revised ordinance establishes a three-prong enforcement program. The program can initially be enforced through administrative citations, which are set at $1,000 per violation. There are administrative appeal procedures outlined in the ordinance. The other two methods will involve filing a citation with the court, which can either be prosecuted as an infraction or as a misdemeanor. The former method would be the secondary method of enforcement after administrative citations, and it would carry fines of $1,500 for an initial violation, $3,000 for a second violation of the same provision in the same one-year period, and $5,000 for each subsequent violation. The latter method would allow the court to impose fines of only up to $1,000, but it could impose conditions of probation that, if violated, could result in additional fines or in extreme cases, incarceration. Staff does not anticipate seeking such a remedy, but the conditions of probation allow the court to supervise enforcement which may serve as a much greater deterrent to repeat offenders.
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Because revisions to the Title 17 1983 Coastal Zoning code would require approval of the Coastal Commission to implement, staff has elected to first establish these administrative regulations for STRs in Chapter 5.22, with the intent to eventually simplify the zoning codes to remove administrative processing of STR permits in favor of those contained in Title 5. With that approach, future changes to the administration of STR permits would not require Coastal Commission approval within the Coastal Zone.
Corporate Managed/Operated Fractional Ownership
Finally, a newer phenomenon in the short-term rental landscape deals with corporately managed and operated fractional ownership units. These uses operate like timeshares but are being implemented in single-family residences rather than higher-density or resort-oriented areas. In keeping with the intent of the City’s existing regulations to protect residential neighborhoods, the STR regulations have added a section stating that this type of ownership would be prohibited under the City’s STR regulations. This is important, as vacation rentals are prohibited in the residential districts and would not be permitted.
However, this would not preclude other fractional ownership situations, such as family members co-owning property, from occurring.
Environmental Review
In accordance with the California Environmental Quality Act (CEQA), it has been determined that the project is exempt pursuant to Section 15060(b)(3) of the CEQA Guidelines for projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Public Notification
A public notice regarding the proposed ordinance was posted at City Hall, on the City’s website, and published in the New Times on October 26, 2023. Additionally, the public notice was sent to all licensed STR operators on October 27, 2023. The meeting agenda was posted at City Hall and on the City’s website in accordance with Government Code section 54954.2. As of the writing of this report, no comments have been received.
Conclusion and Recommendation
The short-term rental environment has evolved since the City implemented regulations in 2018. Staff has revised the regulations to address neighborhood concerns and Council direction. For that reason, staff recommends the City Council introduce the revised ordinance (Attachment 1) modifying Chapter 5.22 of Title 5 of the Pismo Beach Municipal Code regarding short-term rentals. This regular ordinance, if introduced at this juncture, will be returned for second reading at the next available meeting and would become effective 30 days thereafter. Adoption of the ordinance will also concurrently terminate the moratorium.
FISCAL IMPACT:
The fiscal impact of approving the ordinance could result in the need to establish additional STR license renewal fees to cover City resources used to support this program.
As stated above, should the City Council adopt the revised regulations, staff will return at Council Agenda 11-7-2023 12.B-3
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a future date to set appropriate fees for STR license renewals and probationary inspections to cover staff time necessary to perform these services.
ALTERNATIVES:
1. Modify and introduce the ordinance; or
2. Provide alternative direction to staff.
ATTACHMENTS:
1. Ordinance
Submitted by: Meeting Date: November 7, 2023
Matthew Downing, Community Development Director
David M. Fleishman, City Attorney
City Manager Approval:
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ORDINANCE NO. O-2023-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 5.22 OF THE PISMO BEACH MUNICIPAL
CODE, RELATING TO ADMINISTRATIVE REGULATIONS OF VACATION RENTALS,
SHORT-TERM RENTALS, AND HOMESTAYS
WHEREAS, during the past two decades, Pismo Beach has experienced a significant increase in the popularity of single-family homes being used as short-term rentals (STRs) for periods of less than 30 days; and
WHEREAS, in 2018 the City adopted Short-Term Rental ordinances to establish a permitting process and standards in order to minimize the negative impacts resulting from a proliferation of STRs; and
WHEREAS, these impacts include, but are not limited to noise, parking, trash, loss of neighborhood character, reduction in long-term housing stock, and loss of Transient Occupancy Taxes (TOT); and
WHEREAS, the purpose of the amendments established hereby is to add additional regulations to the existing ordinance in order to enhance preservation of neighborhood integrity, encourage maintenance of the City’s long-term housing stock, further minimize impacts to coastal resources, continue to provide for the reasonable use of property, and ensure that STRs are consistent with the General Plan, Zoning Code, and other applicable sections of the Municipal Code; and
WHEREAS, additional regulations relating to the administration of short-term rental and homestay licenses are established in Title 17 of the Municipal Code.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
Ordinance O-2023-003, which established an urgency moratorium on the issuance of new short-term rental-licenses, is hereby repealed.
SECTION 3.
Chapter 5.22 of the Pismo Beach Municipal Code is revised to read as follows:
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Chapter 5.22 VACATION RENTAL AND SHORT-TERM RENTAL REGULATION
5.22.010 Definitions.
For the purposes of this Chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended. The words "shall" and "will" are mandatory; the word "may" is discretionary.
"Bedroom" shall mean a room that is primarily used for sleeping. A bedroom shall be no less than seventy (70) square feet in size, with a minimum horizontal dimension of no less than seven (7) feet on any side. A bedroom offered for rent within a short-term rental or homestay shall meet all applicable California Building Code requirements.
“Good Neighbor Policy” shall mean the administrative policy adopted and revised from time to time by the Community Development Director setting forth operational details for properties licensed under this chapter.
"Homestay" shall mean an owner-occupied, detached single-family residence where bedrooms are rented for compensation for less than thirty (30) consecutive days.
"Long-term rental" shall mean a rental for thirty (30) consecutive days or more. Any rental agreement that allows a sublet or sublease to multiple parties for any terms less than thirty (30) days, or early cancellation with or without penalty that allows multiple rentals within a thirty (30) day period, shall be considered a short-term rental and be subject to the terms of a short-term rental license as provided in this Code.
"Primary residence" shall mean the dwelling owned and occupied as the property owner's principal place of residence, where the owner lives more than fifty percent (50%) of the year, defined herein as one hundred eighty-three (183) days or more per year on a rolling three hundred sixty-five (365) day basis. For purposes of short-term rental or homestay licensing, a person can only have one primary residence at any time.
"Proof of primary residence" shall mean all documentation deemed acceptable by the City showing the dwelling is the owner's principal residence, including but not limited to tax records, property tax records, utility records, ownership documents for other properties, and homeowners’ exemptions.
"Responsible party" shall mean a person, over the age of eighteen (18), who shall be responsible for ensuring compliance with all applicable provisions of the Pismo Beach Municipal Code by all renters and visitors of the property, twenty-four (24) hours per day, seven (7) days per week. The responsible party shall sign and be Council Agenda 11-7-2023 12.B-6
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responsible for enforcing the City’s Good Neighbor Policy and is designated as the point of contact for the property. The responsible party shall ensure the maintenance of the licensed property in compliance with this chapter and other applicable regulations, and shall be responsible for the conduct and acts of said renters and visitors to the extent provided herein.
"Short-term rental" or "STR" shall mean the rental of a detached single-family residence for less than thirty (30) consecutive days where the primary residence is not being concurrently occupied by the owner.
“Time-share plan” shall mean any arrangement, established by membership agreement, plan, scheme, or similar device, whether sale, lease, deed, license, right-to-use agreement, articles of organization or incorporation, operating agreement or bylaws, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of real property or a portion thereof, according to a fixed or floating time schedule, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. A timeshare plan shall be deemed to exist whenever such recurring rights of exclusive use to real property are created, regardless of whether such exclusive rights of use are a result of a grant of ownership rights, possessory rights, membership rights, rights pursuant to contract, or ownership of a fractional interest or share in real property, and regardless of whether they are coupled with ownership of a real property interest such as freehold interest or an estate for years in the property subject to the time- share plan.
"Transient" shall have the same meaning as set forth in Section 3.20.020 of this Code.
“Vacation rental” shall mean any structure, as defined in the building code adopted in Section 15.04.010 of this Code, which exists, is constructed, or which is maintained or used upon any premises for the purpose of transient lodging which consists of four or fewer separate transient rental units.
Article I. Vacation Rental Regulation
5.22.020 Vacation Rental license required.
No owner or owners of a vacation rental shall rent, offer to rent, or advertise for rent the vacation rental to another person without a license approved and issued in the manner provided for by this Chapter.
5.22.030 Vacation Rental application process.
A. Persons wishing to use a structure as a vacation rental shall do all of the following:
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1. Complete a vacation rental license request form, which form shall be provided by the Community Development Director or designee.
2. Submit the following information in support of a vacation rental license:
a. The name, address, and telephone number of the property owner and a responsible party that can be reached via
telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the vacation rental. The responsible party shall reside or maintain a physical business address within twenty-five (25) miles of the vacation rental. A post office box or private mail drop address shall not be deemed to comply with the requirement of maintaining a residence or physical business address. An owner of a
vacation rental who resides within a twenty-five (25) mile radius of the vacation rental unit may designate themselves as the responsible party. Any change in the responsible party’s address or telephone number shall be promptly furnished to the City within 48 hours of such change.
b. A site and floor plan including unit square footage, bedroom and bathroom locations and dimensions, and parking locations and dimensions, and photographs showing the interior of each bedroom and showing each parking location.
c. A copy of the proposed notices required by Section 5.22.040 E. of this Code to be posted inside the vacation rental unit.
d. Proof of written notification to all property owners and residents within three hundred feet (300’) of any point on the property containing the vacation rental, describing the proposed vacation rental use, including the number of separate vacation rental units, the number of on-site parking spaces and the telephone number of the contact person/entity set forth in Subsection 5.22.030 A.2.a. of this Code.
e. Acknowledgment that the owner and responsible party, if any, have read all this Chapter, and acknowledgment of their responsibility to assist in enforcement for payment of transient occupancy taxes.
f. Such other information as the Community Development
Director or designee deems reasonably necessary to
administer this chapter.
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3. Submit to an inspection of the vacation rental by City staff prior to issuance of license.
4. Obtain a valid business license for a vacation rental unit.
B. Once the vacation rental is approved by the Community Development Department and a valid business license is on file for the vacation rental, the tax administrator will issue a transient occupancy registration certificate for the vacation rental pursuant to Section 3.20.060 of this Code.
C. Vacation rental licenses shall be personal property of the vacation rental unit operator and shall not run with the land. Upon sale of a property operated as a vacation rental, the vacation rental license shall expire as of the date of sale, and the new owner shall comply with the provisions of this chapter prior to operation of the vacation rental unit.
5.22.040 Vacation rental standards.
A. Except as otherwise permitted by the Community Development Director upon presentation of extenuating circumstances, each vacation rental shall have a minimum of two (2) parking spaces available on-site at all times.
B. Each vacation rental shall provide for garbage removal as required by Chapter 8.12 of this Code.
5.22.050 On-going requirements for vacation rental operation.
A. The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a responsible party that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the vacation rental. The responsible party shall respond, either in person, or by return telephone call, within three (3) hours of a complaint, and the responsible party shall provide the complaining party a proposed resolution to the complaint.
B. The operator or responsible party shall use best efforts to ensure that the occupants and/or guests of the vacation rental do not create unlawful noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise or disorderly conduct, by notifying the occupants of the rules regarding vacation rentals and responding in person when notified that occupants are violating laws regarding their occupancy. Notwithstanding the retention of a responsible party, the owner of the vacation rental is responsible for compliance with the provisions of this chapter and the failure of an agent, representative, or responsible party to comply with this chapter shall be deemed noncompliance by the owner.
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C. The operator of the vacation rental shall annually, not later than December 31 of each year, notify in writing all property owners and residents within three hundred feet (300') of any point on the property containing the vacation rental, that the property will be used as a vacation rental. As part of such notice, the operator of the vacation rental shall also provide notice of the name, address and telephone number of the responsible party required in Subsection 5.22.050 A. of this Code.
D. A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address, and telephone number of the responsible party required in Subsection 5.22.050 A. of this Code. The notice shall also set forth the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on-site, and the day(s) established for garbage collection. The notice shall also provide the non-emergency telephone number of the City Police Department.
E. Any advertising of the vacation rental shall include the vacation rental license number provided by the City.
5.22.060 Violations and enforcement.
A. It shall be unlawful and a misdemeanor for any person to construct for vacation rental use, to convert to vacation rental use, to offer to another for vacation rental use, to advertise for vacation rental use, or to occupy as a vacation rental use any portion of any structure or facility without full compliance with this Chapter.
B. In addition to, or in lieu of criminal sanctions set forth in Subsection 5.22.060 A. of this Code, administrative penalties, including a notice of violation, shall be imposed, and licenses shall be revoked, in the manner provided in this Subsection 5.22.060 B.
1. The City Building Official or Designee shall conduct an investigation whenever there is reason to believe that an owner has failed to comply with the provisions of this chapter. Should the investigation reveal that a violation occurred, the City Building Official or designee shall issue written notice of the violation and intention to impose a penalty and/or revoke the license. The written notice shall be served on the owner and operator or agent and shall specify the facts which, in the opinion of the City Building Official, constitute grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that the license will be revoked within fifteen (15) days from the date the notice is given unless the owner and/or operator files with the City Clerk the fine amount and a Council Agenda 11-7-2023 12.B-10
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request for a hearing. The penalties for violations specified in Subsection 5.22.060 B. of this Code shall be as follows:
a. For the first violation within any twelve (12) month period, the penalty shall be a fine not to exceed one hundred dollars ($100), and/or suspension of the license for a period not to exceed three (3) months.
b. For a second violation within any twelve (12) month period, the penalty shall be a fine not to exceed two hundred fifty dollars ($250), and/or suspension of the license for a period not to exceed six (6) months.
c. For a third violation within any twelve (12) month period, the penalty shall be a fine not to exceed five hundred dollars ($500), and/or suspension of the license for a period not to exceed one (1) year.
2. If the owner requests a hearing within the time specified in Subsection 5.22.060 B.1. of this Code, the City Clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than fifteen (15) days, nor more than forty-five (45) days after receipt of request for a hearing. The Community Development Director may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the Community Development Director. The Community Development Director shall impose the penalties or revoke the license only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with the provisions of this chapter. The Community development Director shall render a decision within thirty (30) days of the hearing and the decision shall be final.
C. The Community Development Director or designee shall have the authority to impose additional conditions on any license in the event of any violation of the conditions of the license or the provisions of this Chapter.
Article II. Short-Term Rental Regulation
5.22.100 Short-term Rental license required.
No owner or owners of a property shall rent, offer to rent, or advertise for rent the property as a short-term rental or homestay to another person without a license approved and issued in the manner provided for by this Chapter.
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5.22.110 Short-term Rental application process.
A. A property owner wishing to use a detached single-family residence as a short-term rental or homestay shall do all of the following:
1. Complete a short-term rental application. Submit the following information at the time of application. Applications will not be deemed complete nor processed until all required information is provided and the short-term rental application fee, set by City Council resolution, is paid to the City:
A. The name, address and telephone number of the property owner, or authorized responsible party, that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the STR or homestay. Any change in the contact information for either the property owner or responsible party shall be promptly furnished to the City within 48-hours of such change.
b. A site and floor plan including unit square footage, bedroom and bathroom locations and dimensions, and parking
locations and dimensions, and photographs showing the
interior of each bedroom and showing each parking location.
c. Notification materials containing information that allows the City to produce mailing labels, including both owner and occupant lists. The information should be provided in
Microsoft Excel format or equivalent. The information shall include the following fields for all properties within a five- hundred-foot (500’) radius of any point on the property containing the short-term rental: assessor parcel number, property address, first and last name of owner, owner mailing address, owner city, owner state, and owner zip code. A receipt or letter from the title company or person who
completes notification labels, certifying that the labels are correct, to the best ability of the preparer, must also be included.
d. Proof of property ownership for two (2) consecutive years prior to license application and issuance.
e. Such other information as the Community development or designee deems reasonably necessary to administer this
chapter, including but not limited to: a government issued driver’s license or identification, voter registration, vehicle registration, property tax bill, tax return, and utility bills.
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f. Acknowledgment that the owner and responsible party, if any, have read this Chapter, and acknowledgment of their
responsibility to assist in enforcement for payment of transient occupancy taxes.
g. Submit a signed affidavit under penalty of perjury by the property owner stating that the home is their primary
residence. Failure to sign the affidavit shall be grounds for denial of an STR or homestay license.
h. For properties located as part of a Homeowners Association (HOA), written authorization from the HOA Board of Directors to use the property as an STR or homestay shall be required prior to action on the license by the City.
2. Submit to an inspection of the rental by City staff prior to issuance of the license. Prior to issuance of an STR or homestay license, the City shall conduct an inspection of subject property to confirm bedroom count, on-site parking, and applicable safety standards. If complaints are received about STR or homestay operations, the City shall have the right to re-inspect the property. In the event such re-inspection requires access to the interior of a dwelling unit, the property owner shall provide the City access to the premises upon forty-eight (48) hours advance notice.
3. Review and acknowledge responsibility for enforcement of the City’s Good Neighbor Policy.
a. Should the City’s Good Neighbor Policy be amended by the Community Development Director, a copy shall be provided to all licensed STR operators via certified mail.
b. Should the certified mail not be accepted or otherwise returned to the City as undelivered, the City shall post the amended copy of the Good Neighbor Policy at the subject property on the front door of the residence. Such posting shall constitute receipt of the amended Good Neighbor Policy.
c. STR operators shall sign, acknowledge, and return a signed copy of the amended Good Neighbor Policy to the Community Development Director within ten (10) days of receipt.
d. Failure of an STR operator to sign, acknowledge, and return a signed copy of the amended Good Neighbor Policy to the Community Development Director within ten (10) days of
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receipt shall be grounds for revocation as outlined in
Subsection 5.22.140.C. of this Code.
4. Obtain a valid business license for a short-term rental property.
B. Once the short-term rental license is issued by the Community Development department and a valid business license is on file for the short-term rental or homestay, the tax administrator will issue a valid transient occupancy registration certificate for the short-term rental or homestay pursuant to Section 3.20.060 of this Code.
C. Short-term rental and homestay licenses shall be personal property of the property owner and shall not run with the land. Upon sale of a property operated as a short-term rental or homestay, the license shall be deemed void without further action by the City.
5.22.120 Short-term rental standards.
A. The STR or homestay shall be operated consistent with the standards and regulations contained within the zoning codes of the Pismo Beach Municipal Code, including but not limited to Chapters 17.09 and 17.113 of this Code.
B. Each short-term rental/homestay shall have the minimum number of off- street parking spaces as required by Subsection 17.113.070 F. and Subsection 17.09.070 F. of this Code, as applicable, available at all times.
Renters of the property shall use the off-street parking provided.
C. Each STR or homestay shall provide for garbage removal as required by Chapter 8.12 of this Code. Garbage bins shall be put out for collection no earlier than 5:00 p.m. the day before collection day and brought in no later than 8:00 p.m. on collection day.
D. A written notice shall be conspicuously posted inside each STR or homestay setting forth the name, address, and telephone number of the responsible party required in Section 5.22.110 A.1.a. of this Code. The notice shall also set forth the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on-site, and the day(s) established for garbage collection. The notice shall also provide the non-emergency telephone number of the City Police Department.
E. Any advertising of the STR or homestay shall include the STR or homestay license number provided by the City and the approved number of bedrooms and required on-site parking spaces.
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5.22.130 Annual license requirements.
A. As of the date of adoption of the ordinance revising this Chapter 5.22, there are twenty-eight (28) properties authorized for short-term rental or homestay use. There shall be no more than twenty-eight (28) short- term/homestay licenses in effect at any given time under this Chapter. No applications for short-term/homestay licenses shall be accepted after December 5, 2023 for properties without an existing short-term/homestay license in effect as of December 5, 2023. In the event a short- term/homestay license is either revoked or is not renewed, or the property transfers ownership, no additional short-term/homestay licenses shall be issued to replace the license on the property. It is the express intention of the City Council in adopting this provision to reduce the number of short- term/homestay licenses to zero through attrition over time.
B. Regardless of the date of issuance, short-term rental licenses expire on September 30 of each year. Licensed operators are required to obtain renewal of the license each year prior to September 30. Proof of primary residence shall be submitted each year prior to issuance of annual STR license and business license renewal. As a condition of renewal, the operator shall provide the City a listing of each rental night during the preceding twelve (12) months, a list of the rental charges imposed for each rental night during the preceding twelve (12) months, and proof of payment of transient occupancy tax for the prior twelve (12) months.
C. The licensed operator shall notify the City in writing of responsible party and appropriate contact information. In the event the responsible party changes, the licensed operator shall notify the City in writing of such change not later than forty-eight hours after the change.
D. For the first five (5) years after obtaining an STR license, the property shall be inspected annually during the renewal period for life safety purposes to ensure proper safety and operation of the STR. Following the first five (5) years after an STR license is issued, annual inspections shall not be required as part of the license renewal process, unless one or more violations of the this Chapter or other provisions of this code are sustained within the previous twelve (12) month period. In such a case, annual inspections may be reinstated for twelve (12) months following each sustained violation.
E. The property owner shall apply for a business license renewal annually.
5.22.140 Violations and enforcement.
A. It shall be unlawful and a misdemeanor for any person to construct for short- term rental or homestay use, to convert to short-term rental or homestay Council Agenda 11-7-2023 12.B-15
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use, to offer to another for short-term rental or homestay use, to advertise for short-term rental or homestay use, or to occupy as a short-term rental or homestay use any portion of any structure or facility without full compliance with this Chapter.
B. In lieu of the sanctions set forth in Subsection 5.22.140 A. of this Code, violation of this chapter may be prosecuted as an infraction, subject to the following:
1. The penalties for violations specified in Subsection 5.22.140 B. of this Code shall be as follows:
a. Pursuant to Government Code Section 36900(d), for
infractions that pose a threat to public health or safety, the fine shall be, at a minimum, one thousand five hundred dollars ($1,500.00) for an initial violation of this chapter, three thousand dollars ($3,000.00) for a second violation of the same provision within one (1) year, and five thousand dollars ($5,000.00) for each subsequent violation of the same
provision within one (1) year. Operation of a short-term rental or homestay without a license, and violations of the City’s Good Neighbor Policy, shall be deemed to pose a threat to public health or safety.
b. For an initial violation, the Community Development Director may grant a hardship waiver to reduce the amount of the fine upon a showing by the licensee that the licensee has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. No such waiver shall be granted for subsequent violations. The fines set forth in this subsection shall not apply to a first time offense of failure to register or pay a business license fee.
C. In lieu of, or in addition to the sanctions set forth in Subsection 5.22.140 A. of this Code, violation of this chapter may be prosecuted as administrative violations in the manner provided in this Subsection 5.22.140 C.
1. The Community Development Director or designee shall cause an investigation to be conducted whenever there is reason to believe that an owner has failed to comply with the provisions of this Chapter.
Should the investigation reveal that a violation occurred, the Community Development Director or designee shall issue written notice of the violation and intention to impose a penalty and/or revoke the license. The written notice shall be served on the owner and operator or agent and shall specify the facts which, in the opinion of Council Agenda 11-7-2023 12.B-16
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the Community Development Director, constitute grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that the license will be revoked within fifteen (15) days from the date the notice is given unless the owner and/or operator files with the City Clerk the fine amount and a request for a hearing.
a. The fine amount for each violation shall be one thousand dollars ($1,000.00).
b. Each separate day or rental night in which a violation exists may be considered a separate violation.
c. Should it be determined by the Community Development Director or designee that the residence is not the property owner’s primary residence, the license shall be revoked.
d. Should it be determined by the Administrative Services Director that a licensee has failed to submit, or has been late in submitting two (2) or more Transient Occupancy Taxes (TOT) submittals in a twelve (12) month period, the license shall be revoked.
2. If the owner requests a hearing within the time specified in Subsection 5.22.140 C.1. of this Code, the City Clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than fifteen (15) days, nor more than forty-five (45) days after receipt of request for a hearing. The Community Development Director may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the Community Development Director. The Community Development Director shall impose the penalties or revoke the license only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with the provisions of this Chapter. The Community Development Director shall render a decision within thirty (30) days of the hearing and the decision shall be final.
D. The Community Development Director or designee shall have the authority to impose additional conditions on any license in the event of any violation of the conditions of the license or the provisions of this chapter.
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5.22.150 Cessation of use of a property as short-term rental.
Where the owner of property licensed as a short-term rental or homestay pursuant to this Chapter ceases such use, the property owner shall promptly inform the tax administrator of the cessation of use of the property as a short-term rental or homestay and shall surrender the STR or homestay license. As set forth in Section
5.22.130 of this Code, no STR or homestay license shall thereafter be issued for the property.
5.22.160 License suspension, modification, or revocation.
In addition to any other remedy provided by this Chapter, a license issued pursuant to this chapter may be suspended, modified, or revoked for violations of this chapter, for violation of any other law on the premises of the short-term rental or homestay, or for the maintenance of such other conditions as may be shown to be injurious to the public health and safety. Revocation proceedings may be initiated by the Community Development Director and shall be conducted pursuant to the procedures set forth in Section 5.22.140 B of this Code.
5.22.170 Time-share uses prohibited.
Notwithstanding anything to the contrary elsewhere in this Code, no license shall be issued under this Chapter for any time-share plan.
SECTION 4.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 5.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
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SECTION 6.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 7.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 7th day of November, 2023, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
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
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APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.C
SUBJECT/TITLE:
INTRODUCTION (FIRST READING) OF SEWER USE ORDINANCE
RECOMMENDATION:
Introduce an Ordinance Adding Chapter 13.12: Pretreatment Ordinance and Amending Chapter 13.14: Sewer Use, of the City of Pismo Beach Municipal Code, Relating to the City’s Advanced Water Purification Facility.
BACKGROUND:
The City of Pismo Beach is the lead agency for a regional recycled water project, Central Coast Blue. Central Coast Blue is envisioned to be a two-phased project with Phase 1 of the project diverting the effluent from the City’s wastewater treatment plant (WWTP) to an Advanced Water Purification Facility (AWPF) where the effluent will be treated to beyond drinking water standards and then injected into the aquifer. Once this water is injected into the aquifer it will serve two purposes; to augment potable water supplies for the Central Coast Blue member agencies (Arroyo Grande, Grover Beach and Pismo Beach), and to form a saltwater intrusion barrier. Phase 2 of the project, if deemed necessary, will divert effluent from the South San Luis Obispo County Sanitation District’s WWTP to expand the production of Central Coast Blue.
Title 22 of the California Code of Regulations (22 CCR) Section 60320.206 requires that potable water reuse systems administer and maintain an industrial pretreatment program and pollutant source control program. The combined effort is referred to as an Enhanced Source Control Program (ESCP). The purpose of an ESCP is to prevent interference and pass-through of pollutants at the WWTP and AWPF to protect the end-uses of the plant (effluent, biosolids, environment); and to protect drinking water quality by controlling the discharge of constituents of concern to the WWTP and AWPF.
As part of the ESCP development, an Ordinance (Attachment 1) has been drafted that will update the Pismo Beach Municipal Code to give the City legal authority to implement and enforce all elements of the ESCP. This “Sewer Use Ordinance” would add a new Chapter 13.12 and amend the existing Chapter 13.14, allowing the City to assess and trace chemicals throughout the wastewater and recycled water treatment and collection systems; investigate and monitor contaminant sources; perform outreach to industrial, commercial, and residential dischargers; maintain an inventory of potential contaminants from dischargers; and regulate and enforce any pretreatment standards.
Major changes to the SUO include:
City authorization to issue wastewater discharge permits Monitoring, reporting, and compliance requirements for non-domestic users Establishment of the City’s enforcement policies
Incorporation of the City’s Fat, Oil, and Grease Program (FOG) Reservation for future discharge limits
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Conclusion and Recommendation
Staff recommends the City Council introduce an Ordinance (Attachment 1) adding Chapter 13.12 and amending Chapter 13.14 of the Pismo Beach Municipal Code to amend and expand the City’s sewer use regulations. If the Council acts to introduce the Ordinance as recommended, it will be returned for adoption at the next available meeting and will become effective by statute 30 days thereafter.
FISCAL IMPACT:
There is no direct fiscal impact from this report.
ALTERNATIVES:
1. Do not introduce an Ordinance Adding Chapter 13.12: Pretreatment Ordinance and Amending Chapter 13.14: Sewer Use, of the City of Pismo Beach Municipal Code and provide staff with direction on how to proceed.
ATTACHMENTS:
1. Ordinance
Submitted by: Meeting Date: November 7, 2023
Benjamin A. Fine, P.E.
Director of Public Works/City Engineer
City Manager Approval:
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ORDINANCE NO. O-2023-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADDING CHAPTER 13.12: PRETREATMENT ORDINANCE AND AMENDING CHAPTER 13.14: SEWER USE, OF THE CITY OF PISMO BEACH MUNICIPAL CODE, RELATING TO THE CITY’S ADVANCED WATER
PURIFICATION FACILITY
WHEREAS, the City of Pismo Beach (City) provides infrastructure and facilities for the collection and treatment of wastewater to promote the health and safety and convenience of its residents, businesses and visitors and for the safeguarding of water resources common to all (Sewer System); and
WHEREAS, the Environmental Protection Agency (EPA) established the National Pretreatment Program as a core part of the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) regulations, which mandate stringent and continuous control of the quality of wastewater discharged to Publicly Owned Treatment Works (POTWs); and
WHEREAS, the City is partnering with the City of Arroyo Grande and the City of Grover Beach to develop the Central Coast Blue regional recycled groundwater project and construct a new Advanced Water Purification Facility (AWPF) which will produce purified water from the City’s treated wastewater to supplement the Partner cities’ water supplies through indirect potable reuse; and
WHEREAS, the State Water Resources Control Board requires agencies implementing indirect potable reuse to administer an industrial pretreatment and pollutant source control program (enhanced source control program); and
WHEREAS, the City does not currently have and has not heretofore been required to have an industrial pretreatment program; and
WHEREAS, the City is developing an enhanced source control program to prevent the introduction of pollutants into the Sewer System, Pismo Beach Wastewater Treatment Plant, and the AWPF, and hence to protect the quality of finished water and drinking water supply produced by the AWPF.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
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SECTION 2.
A new Chapter 13.12 of the Pismo Beach Municipal Code is hereby added, to read as follows:
Chapter 13.12 PRETREATMENT ORDINANCE
13.12.010 Purpose and policy.
This Chapter sets forth uniform requirements for Users of the Publicly Owned Treatment Works for the City of Pismo Beach (the City) and enables the City to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code [U.S.C.] Section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403). The objectives of this Chapter are:
A. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation;
B. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Works;
C. To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
D. To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works;
E. To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the Publicly Owned Treatment Works is subject.
This Chapter shall apply to all Users of the Publicly Owned Treatment Works. The Chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires User reporting.
13.12.020 Administration.
Except as otherwise provided herein, the Director of Public Works (Director) shall administer, implement, and enforce the provisions of this Chapter. Any powers Attachment 1
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granted to or duties imposed upon the Director may be delegated by the Director to a duly authorized City employee.
13.12.030 Abbreviations.
The following abbreviations, when used in this Chapter, shall have the designated meanings:
Act – Federal Water Pollution Control Act or Clean Water Act AWPF – Advanced Water Purification Facility
BMP – Best Management Practice
BMR – Baseline Monitoring Report
BOD – Biochemical Oxygen Demand
C – Celsius
CFR – Code of Federal Regulations
City – City of Pismo Beach
CIU – Categorical Industrial User
COD – Chemical Oxygen Demand
Director – Director of Public Works for the City
EPA – U.S. Environmental Protection Agency
F – Fahrenheit
FSE – Food Service Establishment
FOG – Fats, Oils, and/or Grease
gpd – gallons per day
IU – Industrial User
mg/L – milligrams per liter
NPDES – National Pollutant Discharge Elimination System NSCIU – Non-Significant Categorical Industrial User
O&M – Operations and Maintenance
POTW – Publicly Owned Treatment Works
RCRA – Resource Conservation and Recovery Act
SIU – Significant Industrial User
SNC – Significant Noncompliance
SSO – Sanitary Sewer Overflow
SUO – Sewer Use Ordinance
TRC – Technical Review Criteria
TSS – Total Suspended Solids
U.S.C. – United States Code
User – Industrial User
13.12.040 Definitions.
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Chapter, shall have the meanings hereinafter designated.
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A. “Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.
B. “Advanced Water Purification Facility” means facility that treats and purifies municipal secondary effluent to drinking water standards.
C. “Approval Authority” means the California Regional Water Quality Control Board Central Coast Region, or any successor agency.
D. “Authorized” or “Duly Authorized Representative of the User” means:
1. If the User is a corporation:
a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
b. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate
procedures.
2. If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively.
3. If the User is a federal, state, or local governmental facility: a Director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
4. The individuals described in paragraphs C.1. through C.3., above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for Attachment 1
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environmental matters for the company, and the written authorization is submitted to the City.
E. “Best Management Practices” or “BMPs” means a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the requirements of this Chapter. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
F. “Biochemical Oxygen Demand” or “BOD” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty degrees (20º) C, usually expressed as a concentration (e.g., mg/L).
G. “Bypass” means the intentional diversion of waste streams from any portion of a treatment facility.
H. “Categorical Pretreatment Standard” or “Categorical Standard” means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405–471.
I. “Categorical Industrial User” means an Industrial User subject to a categorical Pretreatment Standard or categorical Standard.
J. “City” means the City of Pismo Beach, California.
K. “Chemical Oxygen Demand” or “COD” means a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
L. “Control Authority” means the City.
M. “Daily Maximum” means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.
N. “Daily Maximum Limit” means the maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
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O. “The Director of Public Works” or “Director” means the person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this Chapter. This term also includes a Duly Authorized Representative, as designated in writing by the Director.
P. “Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
Q. “Existing Source” means any source of discharge that is not a “New Source.”
R. “Food Solids” means the thickness of the bottom layer of food solids.
S. “Grab Sample” means a sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.
T. “Grease Interceptor” means a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, including any local amendments thereto, underground between a FOG discharger and the connection to the sewer system. This device primarily uses gravity to separate FOG from the wastewater as it moves from one compartment to the next. This device must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner at regular intervals to be effective.
U. “Grease Layer” means the thickness of the top layer of grease.
V. “Grease Removal Device” means any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system.
Grease removal device may also include any other proven method to reduce FOG subject to approval of the utilities division/department manager. A grease removal device is a form of pretreatment and as such is subject to all regulations pertaining to the installation and maintenance of pretreatment systems as recognized in this chapter and in the General Pretreatment Regulations (40 CFR 403).
W. “Grease Trap” means a grease control device that is used to serve individual fixtures and have limited effect and should only be used in those cases where the use of a grease interceptor or other grease removal device is determined to be impossible or impracticable.
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X. “Indirect Discharge” or “Discharge” means the introduction of pollutants into the POTW from any nondomestic source.
Y. “Instantaneous Limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
Z. “Interference” a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
AA. “Local Limit” means specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
BB. “Medical Waste” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
CC. “Monthly Average” means the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
DD. “Monthly Average Limit” means the highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
EE. “Narrative Standard” or “Narrative Limit” means any statement of prohibition or condition on a discharge established in this chapter that is not a local limit. Narrative standards include, but are not limited to, prohibited discharge standards and BMPs.
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FF. “New Source” means any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307(c) of the Act that will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that:
1. The building, structure, facility, or installation is constructed at a site at which no other source is located; or
2. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an Existing Source; or
3. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an Existing Source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the Existing Source, should be considered.
4. Construction on a site at which an Existing Source is located results in a modification rather than a New Source if the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraphs 1.b. or 1.c. above but otherwise alters, replaces, or adds to existing process or production equipment.
5. Construction of a New Source as defined under this paragraph has commenced if the owner or operator has:
a. Begun, or caused to begin, as part of a continuous onsite construction program any placement, assembly, or installation of facilities or equipment; or
b. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
c. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without
substantial loss, and contracts for feasibility, engineering, and Attachment 1
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design studies do not constitute a contractual obligation under this paragraph.
GG. “Noncontact Cooling Water” means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
HH. “Oil Interceptor” means a device for retaining oil by gravity-differential separation from waste effluent, and of a design and capacity approved by the utilities division/department manager.
II. “Pass Through” means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City’s NPDES permit, including an increase in the magnitude or duration of a violation.
JJ. “Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
KK. “pH” means a measure of the acidity or alkalinity of a solution, expressed in standard units.
LL. “Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
MM. “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable Pretreatment Standard.
NN. “Pretreatment Requirements” any substantive or procedural requirement related to pretreatment imposed on a User, other than a Pretreatment Standard.
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OO. “Pretreatment Standards” or “Standards” means prohibited discharge standards, categorical pretreatment standards, local limits, and any other numerical or narrative effluent limit contained in this Chapter.
PP. “Prohibited Discharge Standards” or “Prohibited Discharges” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 13.12.050 (Prohibited Discharge Standards) of this Code.
QQ. “Publicly Owned Treatment Works” or “POTW” means a treatment works, as defined by Section 212 of the Act (33 U.S.C. Section 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
RR. “Sanitary Sewer Overflow” means a release of untreated or partially treated sewage from a municipal sanitary sewer.
SS. “Septic Tank Waste” means any sewage from holding tanks such as vessels, chemical toilets, boats, campers, trailers, and septic tanks.
TT. “Sewage” means human excrement and gray water (household showers, dishwashing operations, etc.).
UU. “Significant Industrial User” or “SIU” means:
1. An Industrial User subject to categorical Pretreatment Standards; or
2. An Industrial User that:
a. Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown
wastewater);
b. Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
c. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any Pretreatment Standard or Requirement.
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3. The City may determine that an Industrial User subject to categorical Pretreatment Standards is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than one hundred (100) gpd of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met:
a. The Industrial User, prior to the City’s finding, has consistently complied with all applicable categorical Pretreatment
Standards and Requirements;
b. The Industrial User annually submits the certification statement required in Section 13.12.140, N.2. (Reporting Requirements) of this Code, together with any additional information necessary to support the certification statement; and
c. The Industrial User never discharges any untreated
concentrated wastewater.
d. Upon a finding that a User meeting the criteria in Subsection
3. of this Section has no reasonable potential for adversely affecting the POTW’s operation or for violating any
Pretreatment Standard or Requirement, the City may at any time, on its own initiative or in response to a petition received from an Industrial User, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such User should not be considered a Significant Industrial User.
VV. “Slug Load” or “Slug Discharge” means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 13.12.050 (Prohibited Discharge Standards) of this Code. A Slug Discharge is any Discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch Discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW’s regulations, numerical or narrative effluent limits, Local Limits or Permit conditions.
WW. “Storm Water” means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
XX. “Total Suspended Solids” or “Suspended Solids” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
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YY. “User” or “Industrial User” means a source of indirect discharge.
ZZ. “Wastewater” means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
AAA. “Wastewater Treatment Plant” or “Treatment Plant” means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
BBB. “Water Layer” means the middle layer in a grease trap/interceptor. It must be at least seventy-five percent (75%) of the total depth for the grease trap/interceptor to be functional.
CCC. “25% Rule” refers to the amount of FOG that can accumulate in a grease interceptor prior to necessary cleaning. Accumulated FOG cannot exceed twenty-five percent (25%) of the grease interceptor’s depth.
1. FOG includes the grease layer and the solids that fall to the bottom of the grease interceptor.
2. The 25% Rule is calculated using the following formula:
𝐺𝑟𝑒𝑎𝑠𝑒 𝐿𝑎𝑦𝑒𝑟 𝑆𝑜𝑙𝑖𝑑𝑠
𝐷𝑒𝑝𝑡ℎ 𝑜𝑓 𝐼𝑛𝑡𝑒𝑟𝑐𝑒𝑝𝑡𝑜𝑟∗100
13.12.050 Prohibited discharge standards.
A. General Prohibitions. No User shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes Bypass, Pass Through or Interference. These general prohibitions apply to all Users of the POTW whether or not they are subject to categorical Pretreatment Standards or any other federal, state, or local Pretreatment Standards or Requirements.
B. Specific Prohibitions. No User shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
1. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred forty degrees (140º) F (sixty degrees (60º) C) using the test methods specified in 40 CFR 261.21;
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2. Wastewater having a pH less than six and zero tenths (6.0) or more than nine and zero tenths (9.0), or otherwise causing corrosive structural damage to the POTW or equipment;
3. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in Interference but in no case solids greater than one half inch (0.5”) or one and twenty-seven-hundredths centimeters (1.27 cm) in any dimension;
4. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause Interference with the POTW;
5. Wastewater having a temperature greater than one hundred fifty degrees (150º) F (sixty-five and sixth-tenths degrees (65.6º) C), or which will inhibit biological activity in the treatment plant resulting in Interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees (104º) F (forty degrees (40º) C);
6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through;
7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
8. Trucked or hauled pollutants, except in accordance with Section
13.12.110, D. (Pretreatment of Wastewater) of this Code;
9. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
10. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the City’s NPDES permit;
11. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;
12. Storm Water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, Attachment 1
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deionized water, Noncontact Cooling Water, and unpolluted wastewater, unless specifically authorized by the Director;
13. Sludges, screenings, or other residues from the pretreatment of industrial wastes;
14. Medical Wastes, except as specifically authorized by the Director in a wastewater discharge permit;
15. Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail toxicity test;
16. Detergents, surface-active agents, or other substances which that might cause excessive foaming in the POTW;
17. FOG of animal or vegetable origin in concentrations greater than one hundred (100) mg/L;
18. Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than ten percent (10%) or any single reading over five percent (5%) of the Lower Explosive Limit of the meter;
19. Radiological, chemical, or biological warfare agent or high-level radioactive waste;
20. Amalgam or waste discharge containing mercury.
13.12.060 [RESERVED FOR LOCAL LIMITS]
13.12.070 Categorical pretreatment standards.
Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405–471.
A. Where a categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with paragraphs E. and F. of this Section.
B. When the limits in a categorical Pretreatment Standard are expressed only in terms of mass of pollutant per unit of production, the Director may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual Industrial Users.
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C. When wastewater subject to a categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the Director shall impose an alternate limit in accordance with 40 CFR 403.6(e).
D. A CIU may obtain a net/gross adjustment to a categorical Pretreatment Standard in accordance with the following paragraphs of this Section.
1. Categorical Pretreatment Standards may be adjusted to reflect the presence of pollutants in the Industrial User’s intake water in accordance with this Section. Any Industrial User wishing to obtain credit for intake pollutants must make application to the City. Upon request of the Industrial User, the applicable Standard will be calculated on a “net” basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of paragraph 2. of this Section are met.
2. Criteria.
a. Either (i) The applicable categorical Pretreatment Standards contained in 40 CFR subchapter N specifically provide that they shall be applied on a net basis; or (ii) The Industrial User demonstrates that the control system it proposes or uses to meet applicable categorical Pretreatment Standards would, if properly installed and operated, meet the Standards in the absence of pollutants in the intake waters.
b. Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil and grease should not be granted unless the Industrial User demonstrates that the constituents of the generic measure in the User’s effluent are substantially similar to the constituents of the generic measure in the intake water or unless
appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.
c. Credit shall be granted only to the extent necessary to meet the applicable categorical Pretreatment Standard(s), up to a maximum value equal to the influent value. Additional
monitoring may be necessary to determine eligibility for credits and compliance with Standard(s) adjusted under this Section.
d. Credit shall be granted only if the User demonstrates that the intake water is drawn from the same body of water as that into which the POTW discharges. The City may waive this
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requirement if it finds that no environmental degradation will result.
E. When a categorical Pretreatment Standard is expressed only in terms of pollutant concentrations, an Industrial User may request that the City convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Director.
The City may establish equivalent mass limits only if the Industrial User meets all the conditions set forth in paragraphs E.1.a. through E.1.e. of this Section.
1. To be eligible for equivalent mass limits, the Industrial User must:
a. Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its wastewater discharge permit;
b. Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical
Pretreatment Standard, and not have used dilution as a
substitute for treatment;
c. Provide sufficient information to establish the facility’s actual average daily flow rate for all waste streams, based on data from a continuous effluent flow monitoring device, as well as the facility’s long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;
d. Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the Discharge; and
e. Have consistently complied with all applicable categorical Pretreatment Standards during the period prior to the
Industrial User’s request for equivalent mass limits.
2. An Industrial User subject to equivalent mass limits must:
a. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the
equivalent mass limits;
b. Continue to record the facility’s flow rates through the use of a continuous effluent flow monitoring device;
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c. Continue to record the facility’s production rates and notify the Director whenever production rates are expected to vary by more than twenty percent (20%) from its baseline production rates determined in paragraph E.1.c. of this Section. Upon notification of a revised production rate, the Director will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
d. Continue to employ the same or comparable water
conservation methods and technologies as those
implemented pursuant to paragraph E.1.a. of this Section so long as it discharges under an equivalent mass limit.
3. When developing equivalent mass limits, the Director:
a. Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the Industrial User by the concentration-based Daily
Maximum and Monthly Average Standard for the applicable categorical Pretreatment Standard and the appropriate unit conversion factor;
b. Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as
necessary to reflect changed conditions at the facility; and
c. May retain the same equivalent mass limit in subsequent wastewater discharge permit terms if the Industrial User’s actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to Section 13.12.100 (Dilution) of this Code. The Industrial User must also be in compliance with Section
13.12.050 (Prohibited Discharge Standards) of this Code regarding the prohibition of bypass.
F. The Director may convert the mass limits of the categorical Pretreatment Standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual Industrial Users.
The conversion is at the discretion of the Director.
G. Once included in its permit, the Industrial User must comply with the equivalent limitations developed in this Section 13.12.070 (Categorical Attachment 1
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Pretreatment Standards) of this Code in lieu of the promulgated categorical Standards from which the equivalent limitations were derived.
H. Many categorical Pretreatment Standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum Monthly Average, or four (4) day average, limitations. Where such Standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.
I. Any Industrial User operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based Standard shall notify the Director within two (2) business days after the User has a reasonable basis to know that the production level will significantly change within the next calendar month. Any User not notifying the Director of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate.
13.12.080 Best management practices.
The Director may develop BMPs in Wastewater Discharge Permits to implement the requirements of this Chapter.
13.12.090 City’s right of revision.
The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent Standards or Requirements on discharges to the POTW consistent with the purpose of this Chapter.
13.12.100 Dilution.
No User shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable Pretreatment Standard or Requirement. The Director may impose mass limitations on Users who are using dilution to meet applicable Pretreatment Standards or Requirements, or in other cases when the imposition of mass limitations is appropriate.
13.12.110 Pretreatment of wastewater.
A. Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this Chapter and shall achieve compliance with all categorical Pretreatment Standards, Effluent Limits, and the prohibitions set out in Section 13.12.050 (Prohibited Discharge Standards) of this Code Attachment 1
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within the time limitations specified by EPA, the State, or the Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the User’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Director for review, and shall be acceptable to the Director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the User from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Chapter.
B. Additional Pretreatment Measures.
1. Whenever deemed necessary, the Director may require Users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the User’s compliance with the requirements of this Chapter.
2. The Director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
3. Grease, oil, and sand interceptors shall be required when, in the opinion of the Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the Director, shall comply with the City’s FOG Control Program (Section 13.12.150 of this Code), and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired in accordance with the City’s FOG Control Program (Section 13.12.150 of this Code) by the User at their expense.
4. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
C. Accidental Discharge/Slug Discharge Control Plans.
1. The Director shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control Slug Attachment 1
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Discharges. The Director may require any User to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control Slug Discharges. Alternatively, the Director may develop such a plan for any User. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
a. Description of discharge practices, including nonroutine batch discharges;
b. Description of stored chemicals;
c. Procedures for immediately notifying the Director of any accidental or Slug Discharge, as required by Section
13.12.140, G. (Reporting Requirements) of this Code; and
d. Procedures to prevent adverse impact from any accidental or Slug Discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for
containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
D. Hauled Wastewater.
1. Septic tank waste may be introduced into the POTW only at locations designated by the Director, and at such times as are established by the Director. Such waste shall not violate Section 13.12.050 (Prohibited Discharge Standards) of this Code or any other requirements established by the City. The Director may require septic tank waste haulers to obtain wastewater discharge permits.
2. The Director may require haulers of industrial waste to obtain wastewater discharge permits. The Director may require generators of hauled industrial waste to obtain wastewater discharge permits.
The Director also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this Chapter.
3. Industrial waste haulers may discharge loads only at locations designated by the Director. No load may be discharged without prior written consent of the Director. The Director may collect samples of each hauled load to ensure compliance with applicable Standards.
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The Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.
4. Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
5. Approval from the Director must be documented in writing before any septic tank waste or hauler of industrial waste prior to discharge into any location.
13.12.120 Individual wastewater discharge permits.
A. Wastewater Discharge Permit Requirement.
1. No Significant Industrial User shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Director, except that a Significant Industrial User that has filed a timely application pursuant to paragraph B of this Section may continue to discharge for the time period specified therein.
2. The Director may require other Users to obtain wastewater discharge permits as necessary to carry out the purposes of this Chapter.
3. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Chapter and subjects the wastewater discharge permittee to the sanctions set out in Sections
13.12.190 through 13.12.200 of this Code. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state Pretreatment Standards or Requirements or with any other requirements of federal, state, and local law.
B. Wastewater Discharge Permitting: Existing Connections.
Any User required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Chapter and who wishes to continue such discharges in the future, shall, within sixty (60) days after said date, apply to the Director for a wastewater discharge permit in accordance with paragraph D of this Section, and shall not cause or allow discharges to the POTW to continue after one hundred Attachment 1
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eighty (180) days of the effective date of this Chapter except in accordance with a wastewater discharge permit issued by the Director.
C. Wastewater Discharge Permitting: New Connections.
Any User required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with paragraph D. of this Section, must be filed at least sixty (60) days prior to the date upon which any discharge will begin or recommence.
D. Wastewater Discharge Permit Application.
1. All Users required to obtain a wastewater discharge permit must submit a permit application. The Director may require Users to submit all or some of the following information as part of a permit application:
a. Identifying Information:
i. The name and address of the facility, including the
name of the operator and owner.
ii. Contact information, description of activities, facilities, and plant production processes on the premises.
b. Environmental Permits: A list of any environmental control permits held by or for the facility.
c. Description of Operations: A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate or production), and standard industrial classifications of the operation(s) carried out by such User. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.
d. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.
e. Number and type of employees, hours of operation, and proposed or actual hours of operation.
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f. Type and amount of raw materials processed (average and maximum per day).
g. Site plans, floor plans, mechanical and plumbing plans; details to show all sewers, floor drains, and appurtenances by size, location, and elevation; and all points of discharge.
h. Time and duration of discharges.
i. The location for monitoring all wastes covered by the permit.
j. Flow measurement: Information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other
streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
k. Measurement of Pollutants: The categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for Existing Sources.
l. The results of sampling and analysis identifying the nature and concentration, where required by the Standard or by the Director, or regulated pollutants in the discharge from each regulated process.
m. Instantaneous, Daily Maximum, and long-term average
concentrations, where required, shall be reported.
n. Any other information as may be deemed necessary by the Director to evaluate the permit application.
2. Sampling must be performed in accordance with procedures set out in Section 13.12.140, K. (Reporting Requirements) of this Code.
a. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 13.12.140, J (Reporting Requirements) of this Code.
Where the Standard requires compliance with a BMP or
pollution prevention alternative, the User shall submit documentation as required by the Director or the applicable Standards to determine compliance with the Standard.
3. Any requests for a monitoring waiver (or a renewal or an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge.
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4. Incomplete or inaccurate applications will not be processed and will be returned to the User for revision.
E. Application Signatories and Certifications.
1. All wastewater discharge permit applications, User reports and certification statements must be signed by an Authorized Representative of the User and contain the certification statement in Section 13.12.140, N.1. (Reporting Requirements) of this Code.
2. If the designation of an Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the Director prior to or together with any reports to be signed by an Authorized Representative.
3. A facility determined to be a Non-Significant Categorical Industrial User by the Director pursuant to Section 13.12.040 UU.3 (Definitions) of this Code must annually submit the signed certification statement in Section 13.12.140, N.1 (Reporting Requirements) of this Code.
F. Wastewater Discharge Permit Decisions.
The Director will evaluate the data furnished by the User and may require additional information. Within sixty (60) days of receipt of a complete permit application, the Director will determine whether to issue a wastewater discharge permit.
13.12.130 Wastewater discharge permit issuance.
A. Wastewater Discharge Permit Duration.
Any wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.
B. Wastewater Discharge Permit Contents.
1. Any wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent Attachment 1
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Bypass, Pass Through or Interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
2. Wastewater discharge permits must contain:
a. A statement that indicates the wastewater discharge permit issuance date, expiration date, and effective date.
b. A statement that the wastewater discharge permit is
nontransferable without prior notification to the City in accordance with paragraph D. of this Section and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
c. Effluent limits and Best Management Practices, based on applicable Pretreatment Standards.
d. Self-monitoring, sampling, reporting, notification, and record- keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law.
e. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge.
f. A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by
applicable federal, state, or local law.
g. Requirements to control Slug Discharge, if determined by the Director to be necessary.
h. Any grant of the monitoring waiver by the Director must be included as a condition in the User’s permit.
3. Wastewater discharge permits may contain, but need not be limited to, the following conditions:
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a. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.
b. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the
introduction of pollutants into the treatment works.
c. Requirements for the development and implementation of spill control plans or other special conditions including best management practices necessary to adequately prevent
accidental, unanticipated, or nonroutine discharges.
d. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.
e. The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the POTW.
f. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow
measurement devices.
g. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state Pretreatment Standards, including those which become effective during the term of the wastewater discharge permit.
h. Other conditions as deemed appropriate by the Director to ensure compliance with this Chapter and state and federal laws, rules, and regulations.
C. Permit Modification.
The Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
1. To incorporate any new or revised federal, state, or local Pretreatment Standards or Requirements.
2. To address significant alterations or additions to the User’s operation, processes, or wastewater volume or character since the time of the wastewater discharge permit issuance.
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3. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
4. Information indicating that the permitted discharge poses a threat to the City’s POTW, personnel, or the receiving waters.
5. Violation of any terms or conditions of the wastewater discharge permit.
6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.
7. Revision of or a grant of variance from categorical Pretreatment Standards pursuant to 40 CFR 403.13.
8. To correct typographical or other errors in the wastewater discharge permit.
9. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with paragraph D. of this Section.
D. Wastewater Discharge Permit Transfer.
1. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least sixty (60) days advance notice to the Director and the Director approves the wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which:
a. States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes.
b. Identifies the specific date on which the transfer is to occur.
c. Acknowledges full responsibility for complying with the existing wastewater discharge permit.
2. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
E. Wastewater Discharge Permit Revocation.
1. The Director may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
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a. Failure to notify the Director of significant changes to the wastewater prior to the changed discharge.
b. Failure to provide prior notification to the Director of changed conditions pursuant to Section 13.12.140, F (Reporting
Requirements) of this Code.
c. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.
d. Falsifying self-monitoring reports and certification statements.
e. Tampering with monitoring equipment.
f. Refusing to allow the Director timely access to the facility premises and records.
g. Failure to meet effluent limitations.
h. Failure to pay fines.
i. Failure to pay sewer charges.
j. Failure to meet compliance schedules.
k. Failure to complete a wastewater survey or the wastewater discharge permit application.
l. Failure to provide advance notice of the transfer of business ownership of a permitted facility.
m. Violation of any Pretreatment Standard or Requirements, or any terms of the wastewater discharge permit or this Chapter.
2. Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a User are void upon the issuance of a new wastewater discharge permit to that User.
F. Wastewater Discharge Permit Reissuance.
An Industrial User with an expiring industrial wastewater discharge permit shall apply for a permit reissuance by submitting a complete permit application in accordance with Section 13.12.120 D. (Individual Wastewater Discharge Permits) of this Code, a minimum of thirty (30) days prior to the Attachment 1
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expiration of the Industrial User’s existing industrial wastewater discharge permit.
G. Regulation of Waste Received from Other Jurisdictions.
1. If another municipality, or User located within another municipality, contributes wastewater to the POTW or AWPF, the Director shall enter into an intermunicipal agreement with the contributing municipality.
2. Prior to entering into an agreement required by paragraph G.1., above, the Director shall request the following information from the contributing municipality:
a. A description of the quality and volume of wastewater discharged to the POTW or AWPF by the contributing
municipality;
b. An inventory of all Users located within the contributing municipality that are discharging to the POTW or AWPF; and
c. Such other information as the Director may deem necessary.
3. An intermunicipal agreement, as required by paragraph G.2., above, shall contain the following conditions:
a. A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Chapter, numerical or narrative effluent limits, and Local Limits, including required Baseline Monitoring Reports
(BMRs) which are at least as stringent as those set out in Section 13.12.050 (Prohibited Discharge Standards) of this Code. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City’s ordinance, numerical or narrative effluent limits, or Local Limits;
b. A requirement for the contributing municipality to submit a revised User inventory on at least an annual basis;
c. A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Director; and which of these activities will Attachment 1
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be conducted jointly by the contributing municipality and the Director;
d. A requirement for the contributing municipality to provide the Director with access to all information that the contributing municipality obtains as part of its pretreatment activities;
e. Limits on the nature, quality, and volume of the contributing municipality’s wastewater at the point where it discharges to the POTW or AWPF;
f. Requirements for monitoring the contributing municipality’s discharge;
g. A provision ensuring the Director access to the facilities of Users located within the contributing municipality’s
jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the
Director; and
h. A provision specifying remedies available for breach of the terms of the intermunicipal agreement.
13.12.140 Reporting requirements.
A. Wastewater Analysis.
When requested by the Director, a User must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The Director is authorized to prepare a form for this purpose and may periodically require Users to update this information.
B. Baseline Monitoring Reports for Categorical Industrial Users.
1. Within either one hundred eighty (180) days after the effective date of a categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing Categorical Industrial Users currently discharging to, or scheduled to discharge to the POTW, shall submit to the Director a report which contains the information listed in Paragraph B.2., below. At least ninety (90) days prior to commencement of their discharge, New Sources, and sources that become Categorical Industrial Users subsequent to the promulgation of an applicable categorical Standard, shall submit to the Director a report which contains the information listed in paragraph B.2., below.
A New Source shall report the method of pretreatment it intends to Attachment 1
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use to meet applicable categorical Standards. A New Source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
2. Users described above shall submit the information set forth below:
a. All information required in Sections 13.12.120, D. (Individual Wastewater Discharge Permits) of this Code.
b. Measurement of pollutants. The User shall provide the information required in Section 13.12.120, D.2. (Individual Wastewater Discharge Permits) of this Code.
c. The User shall take a minimum of one representative sample to compile that data necessary to comply with the
requirements of this paragraph.
d. Samples should be taken immediately downstream from
pretreatment facilities if such exist or immediately
downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the User should measure the flows and concentrations necessary to allow use of the
combined waste stream formula in 40 CFR 403.6(e) to
evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limits along with supporting data shall be submitted to the City.
e. Sampling and analysis shall be performed in accordance with paragraph J. of this Section.
f. The Director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
g. The baseline report shall indicate the time, date, and place of sampling and methods of analysis; and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant Discharges to the POTW.
h. Compliance Certification. A statement, reviewed by the User’s Authorized Representative as defined in Section 13.12.040, D. (Definitions) of this Code and certified by a qualified professional, indicating whether Pretreatment Standards are Attachment 1
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being met on a consistent basis, and, if not, whether additional O&M and/or additional pretreatment is required to meet the Pretreatment Standards and Requirements.
i. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the Pretreatment Standards, the shortest schedule by which the User will provide such
additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. A compliance schedule pursuant to this Section must meet the requirements set out in paragraph C. of this Section.
j. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with paragraph N.1. of this Section and signed by an Authorized Representative as defined in Section 13.12.040, D. (Definitions) of this Code.
C. Compliance Schedule Progress Reports for Categorical Industrial Users.
The following conditions shall apply to the compliance schedule:
1. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to meet the applicable Pretreatment Standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation).
2. No increment referred to above shall exceed nine (9) months.
3. The User shall submit a progress report to the Director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the User to return to the established schedule.
4. In no event shall more than nine (9) months elapse between such progress reports to the Director.
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D. Reports on Compliance with Categorical Pretreatment Standard Deadline.
Within ninety (90) days following the date for final compliance with applicable categorical Pretreatment Standards, or in the case of a New Source following commencement of the introduction of wastewater into the POTW, any User subject to such Pretreatment Standards and Requirements shall submit to the Director a report containing the information described in Section 13.12.120 D. (Individual Wastewater Discharge Permits) of this Code and paragraph B. of this section. For Users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 13.12.060 (National Categorical Pretreatment Standards) of this Code, this report shall contain a reasonable measure of the User’s long-term production rate. For all other Users subject to categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the User’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with paragraph N.1. of this Section. All sampling will be done in conformance with paragraph K. of this Section.
E. Periodic Compliance Reports for Significant Industrial Users.
1. All SIUs are required to submit periodic compliance reports, at a frequency determined by the Director, no less than twice per year (June and December) indicating the nature, concentration of pollutants in the discharge which are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a BMP or pollution prevention alternative, the User must submit documentation required by the Director or the Pretreatment Standard necessary to determine the compliance status of the User.
2. All periodic compliance reports must be signed and certified in accordance with paragraph N.1. of this Section.
3. All wastewater samples must be representative of the User’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge.
4. If a User subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director, using the procedures Attachment 1
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described in paragraph K. of this Section, the results of this monitoring shall be included in the report.
5. Users that send electronic (digital) documents to the City to satisfy the requirements of this Section must email documents to the email address set forth in the User’s permit or such other email address as established by the City from time to time.
F. Reports of Changed Conditions.
1. Each User must notify the Director of any significant changes to the User’s operations or system which might alter the nature, quality or volume of its wastewater at least sixty (60) days before the change.
2. The Director may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 13.12.120, D. (Individual Wastewater Discharge Permits) of this Code.
3. The Director may issue a wastewater discharge permit under Section
13.12.130, F. (Wastewater Discharge Permit Issuance) of this Code or modify an existing wastewater discharge permit under Section
13.12.130, C. (Wastewater Discharge Permit Issuance) of this Code in response to changed conditions or anticipated changed conditions.
G. Reports of Potential Problems.
1. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a Slug Discharge or Slug Load, that might cause potential problems for the POTW, the User shall immediately telephone the City’s Engineering main line (805-773- 4656) during business hours, or the non-emergency Police Department dispatch line (805-773-2208) outside of business hours; and notify the Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the User.
2. Within five (5) days following such a discharge, the User shall, unless waived by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not relieve the User of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural Attachment 1
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resources, or any other damage to person or property; nor shall such notification relieve the User of any fines, penalties, or other liability which may be imposed pursuant to this Chapter.
3. A notice shall be permanently posted on the User’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in paragraph A. above. A User shall ensure that all its employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
4. Significant Industrial Users are required to notify the Director immediately of any changes at its facility affecting the potential for a Slug Discharge.
H. Reports from Unpermitted Users.
All Users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as the Director may require.
I. Notice of Violation/Repeat Sampling and Reporting.
If sampling performed by a User indicates a violation, the User must notify the Director within twenty-four (24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. Resampling by the Industrial User is not required if the City performs sampling at the User’s facility at least once per month, or if the City performs sampling at the User’s facility between the time when the initial sampling was conducted and the time when the User or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the Industrial User.
J. Analytical Requirements.
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Director or other parties approved by the EPA.
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K. Sample Collection.
1. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
2. Except as indicated in Subsection 3. below, the User must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director. Where time- proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows:
a. For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field.
b. For volatile organics and oil and grease, the samples may be composited in the laboratory.
c. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA
methodologies may be authorized by the City, as appropriate.
d. In addition, grab samples may be required to show
compliance with Instantaneous Limits.
3. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
4. For sampling required in support of baseline monitoring and 90-day compliance reports required in paragraphs B. and D. of this Section, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist. For facilities for which historical sampling data are available, the Director may authorize a lower minimum. For the reports required by paragraph E. of this Section, the Industrial User is required to collect the number of grab samples necessary to assess and assure Attachment 1
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compliance by with applicable Pretreatment Standards and Requirements.
L. Date of Receipt of Reports.
Written reports submitted by mail will be deemed to have been submitted three business days after the date postmarked. Reports submitted electronically will be deemed to have been submitted the date received .
M. Recordkeeping.
Users subject to the reporting requirements of this Chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and documentation associated with Best Management Practices established under Section 13.12.080 of this Code. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the User or the City, or where the User has been specifically notified of a longer retention period by the Director.
N. Certification Statements.
1. Certification of Permit Applications, User Reports, and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by Users submitting permit applications in accordance with Section 13.12.120, D. (Individual Wastewater Discharge Permits) of this Code; users submitting baseline monitoring reports under paragraph B. of this Section; users submitting reports on compliance with the categorical Pretreatment Standard deadlines under paragraph D. of this Section; users submitting periodic compliance reports required by paragraph E. of this section; and users submitting an initial request to forego sampling of a pollutant on the basis of paragraph E. of this Section.
The following certification statement must be signed by an Authorized Representative as defined in Section 13.12.040, D. (Definitions) of this Code:
“I certify under penalty of perjury that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified Attachment 1
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personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
2. Annual Certification for Non-Significant Categorical Industrial Users.
A facility determined to be a Non-Significant Categorical Industrial User by the Director pursuant to Section 13.12.040 UU.3. (Definitions) of this Code must annually submit the following certification statement signed in accordance with the signatory requirements in Section 13.12.040 D. (Definitions) of this Code. This certification must accompany an alternative report required by the Director:
“Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR (categorical code), I certify that, to the best of my knowledge and belief that during the period from [month, day, year] to [month, day, year], the facility described as [facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 13.12.040 UU.3 (Definitions) of the Pismo Beach Municipal Code; the facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.”
13.12.150 Fats, Oil, and Grease (FOG) control program.
A. The purpose of the FOG Control Program is to reduce Sanitary Sewer Overflows and blockages, and to protect public health and the environment by minimizing public exposure to unsanitary conditions. Controlling the discharge of fats, oils and/or grease to the wastewater collection system, excessive buildup in sewer lines can be lessened, thereby increasing the system’s operating efficiency and reducing the number of sewer line blockages and overflows.
B. General FOG Discharge Prohibitions.
No Food Service Establishment (FSE) shall discharge or cause to be discharged into the sewer system FOG that may accumulate and/or cause Attachment 1
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or contribute to blockages in the sewer system or at the sewer lateral which connects the FSE to the sewer system.
C. Specific FOG Prohibitions. The following specific prohibitions shall apply to all FSEs:
1. Discharge of any FOG-containing wastewater that is not connected to a grease removal device is prohibited.
2. Non-grease laden sources such as, but not limited to, hand-wash sinks, toilets, urinals, and storm water, shall not be connected to a grease removal device.
3. No dishwasher shall be connected to a grease trap.
4. Discharge of wastewater with temperatures in excess of one hundred fifty degrees (150°) F (sixty-five and six-tenths degrees (65.6°) C) into any grease trap is prohibited.
5. Direct disposal of any waste cooking oil into any drain or cleanout that is connected to the sewer system is prohibited.
6. Introduction of any additive into a grease removal device or directly into the sewer system for the purpose of emulsifying FOG, biologically/chemically treating FOG for grease remediation, or as a supplement to any grease removal device maintenance is prohibited, unless specifically authorized in writing by the Director.
7. Discharge of any waste which has been removed from a grease removal device into the sewer system is prohibited.
D. FOG Best Management Practices.
1. All FSEs shall implement BMPs to minimize the discharge of FOG to the sewer system, including, but not limited to, the following, as applicable:
a. Installation of Drain Screens. Drain screens shall be installed on all drainage pipes in food preparation areas.
b. Segregation and Collection of Waste Cooking Oil. All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling
receptacles shall be maintained properly to ensure that they do not leak. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil.
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c. Disposal of Food Waste. All food waste should be disposed of directly into the organics recycling cart per SB 1383 (California Short-Lived Climate Pollutant Reduction law).
d. Employee Training. Employees of the FSE shall be trained by ownership/management periodically as specified here:
i. Dry-wiping pots, pans, dishware and work areas before washing to remove grease.
ii. Properly disposing food waste and solids in plastic bags prior to disposal in trash bins or containers to
prevent leaking and odors. The use of garbage
disposals is discouraged.
iii. The location and use of absorption products to clean under fryer baskets and other locations where grease
may be spilled or dripped.
iv. Properly disposing grease or oils from cooking
equipment into a proper grease receptacle without
spilling.
v. Training shall be documented along with employee
signatures. Training records shall be available for
review at any time by authorized representatives of the City.
vi. Maintenance of Mechanical Exhaust Ventilation Filters.
Filters shall be cleaned as frequently as necessary to
be maintained in good operating condition. The
wastewater generated from cleaning exhaust filters
shall be disposed of in accordance with this chapter.
vii. Kitchen Signage. Best management and waste
minimization practices shall be posted conspicuously
in the food preparation and dishwashing areas at all
times.
viii. Spill Plan. Each FSE shall have a plan that will be followed in the event of a spill and all employees should be trained on proper spill clean-up.
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E. FOG Pretreatment Required for New and Existing FSEs.
1. FSEs are required to install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this Section, subject only to the variance and waiver provisions and other exceptions of this Section.
The grease interceptor shall be adequate to separate and remove FOG contained in wastewater discharges from FSEs prior to discharge to the sewer system. Fixtures, equipment, and drain lines located in the food preparation and cleanup areas of FSEs that are sources of FOG discharges shall be connected to the grease interceptor.
2. New FSEs shall include and install grease interceptors prior to commencing discharges of wastewater to the sewer system.
3. Existing FSEs shall install grease interceptors in any of the following circumstances:
a. When the FSE changes ownership;
b. When any change in operation results in or has the potential to result in the increase of the amount of FOG generated and/or discharged by FSE in an amount that alone or
collectively causes or creates a potential Sanitary Sewer Overflow (SSO) to occur;
c. When it is determined by the Director that the FSE caused or contributed to grease-related blockages in the sewer system, has sewer laterals connected to hot spots, or has been
determined to contribute significant FOG to the sewer system, based on inspection and sampling;
d. During a remodel that relocates cooking or cleaning facilities, increases cooking capacity, or changes the type of cooking at the facility;
e. Any other time the Director reasonably determines that installation of a grease interceptor is necessary to avoid an adverse impact to the sewer system.
f. Any Existing FSE that receives a notice from the Director to install a grease interceptor must install the interceptor within one hundred eighty (180) days unless otherwise required by the Director.
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F. Variance of Grease Interceptor Requirement.
1. Notwithstanding any other provision in this Section, an Existing FSE may obtain a variance, at the Director’s discretion, from the grease interceptor requirement to allow alternative pretreatment technology that is equally effective in controlling the FOG discharge in lieu of a grease interceptor. One such type of alternative pretreatment technology is a grease trap. Consideration of granting the variance will be based on the following:
a. There is insufficient space for installation and/or maintenance of a grease interceptor.
b. There is inadequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection line or the public sewer.
c. The FSE can demonstrate, to the satisfaction of the Director, that the alternative pretreatment technology is equivalent or better than a grease interceptor in controlling FOG. In addition, the FSE must be able to demonstrate, after
installation of the proposed alternative pretreatment
technology, its continued ability to effectively control FOG discharge.
d. The variance may be rescinded if subsequent monitoring shows accumulation of FOG in the sewer lateral or the
collection system downstream of the FSEs connection or if the FSE caused or contributed to a Sanitary Sewer Overflow. A grease interceptor must be installed within one hundred eighty (180) days of the rescission of a variance.
G. Cost Recovery for FOG.
All costs incurred for cleaning the sewer line to remove FOG buildup caused or contributed to by an FSE shall be reimbursed to the City by the FSE.
H. Grease Interceptor Requirements.
1. Any FSE that is required to provide FOG pretreatment shall install operate and maintain an approved type and properly sized grease interceptor, or other grease removal device authorized under an approved variance, necessary to maintain compliance with the purpose of the FOG Control Program.
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2. Approved grease interceptor sizing and installation shall conform to the latest approved edition of the California Plumbing Code including any local amendments thereto.
3. Grease interceptors shall be constructed in accordance with the design approved by the Director and shall have a minimum of two compartments with fittings designed for grease retention.
4. Grease interceptors shall be installed at a location where it is easily accessible for inspection, cleaning, and removal of accumulated grease.
5. Grease interceptors may not be installed in any part of the building where food is handled.
6. If a location is not available on the property of the FSE, the FSE shall contact the City Engineer and the Director to determine a suitable location.
7. There will be no obstruction of the grease interceptor from landscaping or parked vehicles.
8. Access manholes, with a minimum diameter of twenty-four (24) inches, shall be provided over each grease interceptor chamber and sanitary tee. The manholes shall also have readily removable covers to facilitate inspection, grease removal and wastewater sampling activities.
9. The original design of the grease interceptor shall not be modified unless the manufacturer recommends the modification in writing.
10. Any modification will be at the FSEs expense.
11. The City is not liable for any non-compliance as a result of any modification.
12. The Director may require other pretreatment measures or modifications to improve the effectiveness of the grease interceptor.
13. Connections to the grease interceptor shall be approved by the Director, and the Director may require connections to be removed.
I. Grease Interceptor Maintenance Requirements.
1. Grease interceptors shall be maintained in efficient operating condition by periodic complete removal of all contents of the devices Attachment 1
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including wastewater, accumulated FOG, floating materials, sludge and solids.
2. No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral, sewer system, storm drain, or public right of way during maintenance activities.
3. The City can require FSEs that are in an area that requires frequent sewer line cleaning from FOG buildup to submit data and other necessary information to establish a required maintenance frequency for their grease interceptor.
4. The maintenance frequency for all FSEs with a grease interceptor shall be determined in one of the following methods:
5. Grease interceptors shall be fully pumped out and cleaned at a frequency such that the combined FOG and solids accumulation does not exceed the 25% Rule. The interval between cleaning will be established by the Director, but shall occur at a minimum of four times per year.
6. The owner/operator of an FSE may submit a request to the Director asking for a change in the maintenance frequency at any time. The FSE has the burden of responsibility to prove that the change reflects actual operating conditions based on the average FOG accumulation over time, and meets the requirements of the 25% Rule. The FSE must also show that it is in full compliance with this Section.
7. If the grease interceptor contains, at any time, FOG and solids accumulation that exceeds the 25% Rule, the FSE shall be required to have the grease interceptor serviced immediately so that all FOG, sludge and other materials are completely removed from the interceptor. If necessary, the FSE may be required to increase the maintenance frequency of the grease interceptor from its current frequency.
8. Wastewater, accumulated FOG, floating materials, sludge, solids, and other materials removed from the grease interceptor shall be disposed offsite properly by licensed waste haulers or recyclers in accordance with federal, state, and/or local regulations.
J. Grease Trap Requirements.
1. Grease traps may be authorized by the Director with the following conditions:
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2. Grease traps shall be installed in waste lines leading from drains, sinks and other fixtures or equipment where grease may be introduced into the sewer system in quantities that can cause blockage.
3. Grease traps shall be properly sized and installed in accordance with the latest approved edition of the California Plumbing Code, including any local amendments thereto.
4. The original design of the grease trap shall not be modified unless the manufacturer recommends the modification in writing.
5. Any modification will be at the FSE’s expense.
6. The City is not liable for any non-compliance as a result of any modification.
7. Grease traps shall be maintained in efficient operating conditions by removing accumulated grease. The interval between cleaning will be established by the Director, but shall occur at a minimum of four (4) times per year. Baffles shall be removed and cleaned during the maintenance process, when applicable.
8. Grease traps shall be kept free of all food residues and any FOG waste removed during the cleaning and scraping process.
9. Grease traps shall be inspected periodically to check for leaking seams and pipes and for effective operation of the baffles and flow regulating devices.
10. Grease traps and their baffles shall be maintained free of all caked on FOG and waste.
11. Dishwashers and food waste disposal units shall not be connected to or discharged into any grease trap.
12. The temperature of any water entering a grease trap shall not exceed one hundred fifty degrees (150°) F (sixty-five and sixth-tenths degrees (65.6°) C).
K. FOG Monitoring Requirements.
1. The Director may require, an FSE to construct and maintain in proper operating condition, at the FSE’s sole expense, flow monitoring, constituent monitoring, and/or sampling devices.
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2. The location of monitoring or metering devices shall be subject to approval by the Director.
3. At all times, FSEs shall provide immediate, clear, safe and uninterrupted access to authorized representatives of the City to all monitoring and metering devices.
4. The amount of grease and food solids in the grease trap/interceptor must be determined and recorded by measuring the grease layer, food solids and water layer.
5. FSEs may be required by the Director to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation and maintenance of any grease removal device and compliance with this Section.
L. FOG Record Keeping Requirements.
FSEs shall keep all records, including manifests, receipts and invoices of all cleaning and maintenance of grease removal devices for a period of three years after the date of their creation. All records shall be made available to authorized representatives of the City upon request. In addition to the above-mentioned documents, records include logbooks of maintenance activity, BMPs and employee training, sampling data, spill reports, line cleaning reports, and any other information deemed appropriate by the Director to ensure compliance with the FOG Control Program and this Section.
13.12.160 Compliance monitoring.
A. Right of Entry: Inspection and Sampling.
1. The Director shall have the right to enter the premises of any User to determine whether the User is complying with all requirements of this Chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records, examination and copying, and the performance of any additional duties.
2. Where a User has security measures in force which require proper identification and clearance before entry into its premises, the User shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director shall be permitted to enter without delay for the purposes of performing such Attachment 1
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inspection, sampling, examination and copying as deemed appropriate by the Director.
3. The Director shall have the right to set up on the User’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the User’s operations.
4. The Director may require the User to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the User at its own expense. All devices used to measure wastewater flow and quality shall be calibrated as established by the Director and no less than recommended by the manufacturer to ensure their accuracy.
5. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the User at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be born by the User.
6. Unreasonable delays in allowing the Director access to the User’s premises shall be a violation of this Chapter.
13.12.170 Confidential information.
Confidential Information. Information and data on a User obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, monitoring programs, City inspection, and sampling activities, shall be available to the public without restriction, unless the User specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state or federal law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the User furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.
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13.12.0180 Publication of Users in Significant Noncompliance
A. Publication of Users in Significant Noncompliance.
1. The Director shall publish annually a list of the Users which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements. The term Significant Noncompliance shall be applicable to all Significant Industrial Users (or any other Industrial User that violates paragraphs c., d., or h. of this paragraph) and shall mean:
a. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six (6) month period exceed (by any
magnitude) a numeric Pretreatment Standard or
Requirement, including Instantaneous Limits as established in Section 13.12.050 (Prohibited Discharge Standards).
b. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of
wastewater measurements taken for each pollutant
parameter during a six (6) month period equal or exceed the product of the numeric Pretreatment Standard or
Requirement including Instantaneous Limits, as established in Section 13.12.050 (Prohibited Discharge Standards) of this Code multiplied by the applicable criteria (one and four-tenths (1.4) for BOD, TSS, fats, oil and grease; one and two-tenths (1.2) for all other pollutants except pH).
c. Any other violation of a Pretreatment Standard or
Requirement as defined by Section 13.12.050 (Prohibited Discharge Standards) of this Code or Requirement including Instantaneous Limits, as established in Section 13.12.050 (Prohibited Discharge Standards) of this Code (Daily
Maximum, long-term average, Instantaneous Limit, or
narrative standard) that the Director determines has caused, alone or in combination with other discharges, Interference or Pass Through, including endangering the health of the POTW personnel or the general public.
d. Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Director’s exercise of its emergency authority to halt or prevent such a discharge.
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e. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final compliance.
f. Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical Pretreatment Standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules.
g. Failure to accurately report noncompliance.
h. Any other violation(s) which the Director determines will adversely affect the operation or implementation of the local pretreatment program.
13.12.190 Administrative enforcement remedies.
A. Notification of Violation.
When the Director finds that a User has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may serve upon that User a written Notice of Violation. Within ten (10) days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the User to the Director.
Submission of such a plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
B. Consent Orders.
The Director may enter into Consent Orders, assurances of compliance, or other similar documents establishing an agreement with any User responsible for noncompliance. Such documents shall include specific action to be taken by the User to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to paragraphs D. and E. of this Section and shall be judicially enforceable.
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C. Show Cause Hearing.
The Director may order a User which has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit, order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fifteen (15) days prior to the hearing. Such notice may be served on any Authorized Representative of the User as defined in Section 13.12.040 D. (Definitions) of this Code and required by Section 13.12.140 N.1. (Reporting Requirements) of this Code. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the User.
D. Compliance Orders.
When the Director finds that a User has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit, order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may issue an order to the User responsible for the discharge directing that the User come into compliance within a specified time. If the User does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the User of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the User.
E. Cease and Desist Orders.
1. When the Director finds that a User has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit, order issued hereunder, any other Pretreatment Standard or Requirement, or that the User’s past violations are likely to recur, the Director may issue an order to the User directing it to cease and desist all such violations and directing the User to:
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1. Immediately comply with all requirements; and
2. Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the User.
F. Administrative Fines.
1. When the Director finds that a User has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit, order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may fine such User in an amount not to exceed one thousand dollars ($1,000). Fines shall be assessed on a per-violation, per-day basis and are subject to misdemeanors. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
2. Unpaid charges, fines, and penalties shall, after ten (10) business days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (1%) per month. A lien against the User’s property may be sought for unpaid charges, fines, and penalties.
3. Users desiring to dispute such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within ten (10) business days of the date such fine is imposed. Where a request is not clearly frivolous, the Director may convene a hearing on the matter. In the event the User’s appeal is successful, the payment shall be returned to the User. The Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
4. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the User.
G. Emergency Suspensions.
1. The Director may immediately direct a User to suspend a User’s discharge, after informal notice to the User, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The Director may also immediately direct a User to suspend a User’s Attachment 1
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discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
2. Any User directed to suspend its discharge shall immediately stop or eliminate the discharge. In the event of a User’s failure to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or
endangerment to any individuals. The Director may allow the User to recommence its discharge when the User has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings in paragraph H. of this Section, are initiated against the User.
3. A User that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Director prior to the date of any show cause or termination hearing under paragraphs C. and H. of this Section.
4. Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency Suspension under this Section.
H. Termination of Discharge.
In addition to the provisions in Section 13.12.130 E. (Wastewater Discharge Permit Issuance) of this Code, any User who violates the following conditions is subject to discharge termination:
1. Violation of wastewater discharge permit conditions.
2. Failure to accurately report the wastewater constituents and characteristics of its discharge.
3. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge.
4. Refusal of reasonable access to the User’s premises for the purpose of inspection, monitoring, or sampling.
5. Violation of the Pretreatment Standards in Section 2 (General Sewer Use Requirements) of this Chapter.
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6. Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under paragraph C. of this Section why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the User.
13.12.200 Judicial enforcement remedies.
A. Injunctive Relief.
When the Director finds that a User has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit, an order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may petition the Superior Court of San Luis Obispo County through the City’s Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this Chapter on activities of the User. The Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the User to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a User.
B. Criminal Prosecution.
1. A User who willfully or negligently violates any provision of this Chapter, a wastewater discharge permit, order issued hereunder, or any other Pretreatment Standard of Requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) per violation per day, or imprisonment for not more than six (6) months, or both.
2. A User who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of not more than one thousand dollars ($1,000) per violation per day, or imprisonment for not more than six (6) months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
3. A User who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation files, or required to be maintained, pursuant to this Chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter, shall, be Attachment 1
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guilty of a misdemeanor, and be subject to a penalty of not more than one thousand dollars ($1,000) per violation per day, or imprisonment for not more than six (6) months, or both.
C. Remedies Nonexclusive.
The remedies provided for in this Chapter are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant User. Enforcement of pretreatment violations will generally be in accordance with the City’s enforcement response plan. However, the Director may take other action against any User when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant User.
13.12.210 Severability.
If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.
SECTION 3.
Chapter 13.14 Sewer Use of the Pismo Beach Municipal Code is hereby revised to read as follows:
Chapter 13.14 SEWER USE
13.14.010 Federal requirements.
To comply with the Federal Water Pollution Control Act (Public Law (P.L.) 92-500) and the Clean Water Act of 1977 (P.L. 95-217), the City operates a wastewater treatment facility, conveyance pipelines, and outfall to serve the needs of City residents and other users of the City's wastewater collection, treatment, and disposal facilities. This wastewater treatment facility is funded in part by clean water grant funds.
13.14.020 Authority and conflict.
This chapter is enacted pursuant to Health and Safety Code Chapter 3 (commencing at Section 4700 et seq.) and Government Code Section 38900. In the case of any conflict between the provisions of this chapter and those of the state codes noted in this Section, the later shall prevail.
All provisions of this chapter are applicable to all users of the sewerage system including all users whose connection to the sewerage system is located outside Attachment 1
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the corporate boundaries of the City and to all premises or property requiring sewer connections under the provisions of Section 13.14.060 of this Code.
13.14.030 Abbreviations.
The following abbreviations, when used in this Chapter, shall have the designated meanings:
Act – Federal Water Pollution Control Act or Clean Water Act BOD – Biochemical Oxygen Demand
C – Celsius
City – City of Pismo Beach
Director – Director of Public Works for the City
F – Fahrenheit
mg/L – milligrams per liter
NPDES – National Pollutant Discharge Elimination System POTW – Publicly Owned Treatment Works
13.14.040 Definitions.
A. “Building Sewer” means that part of the horizontal sewer system (sewer lateral) which extends from a point two feet outside of the building to the point of connection with the public sewer main or private wastewater disposal system.
B. “Bypass” means the intentional diversion of waste streams from any portion of a treatment facility.
C. “City” means the City of Pismo Beach, California.
D. “Diluting waters” means water added to waste to make the waste compatible with the requirements and standards of the City.
D. “Director” means the Director of Public Works of the City of Pismo Beach, or their representative.
E. “Domestic wastes” consists of waste discharging from the sanitary conveniences principally of dwellings (including apartment houses and motels), restaurants, office buildings, institutions, and the like.
F. “Engineer” means the City Engineer.
G. “Interference” means discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City’s NPDES permit Attachment 1
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or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
H. “Pass Through” means discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City’s NPDES permit, including an increase in the magnitude or duration of a violation.
I. “Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
13.14.050 Sewer connections.
Sections 13.14.060 through 13.14.0190 of this Code are applicable to all users of the sewerage system, including all users whose sewerage connection is located outside the City.
13.14.060 Connection to City sewerage system required.
Except as provided in this chapter, the owner of every premises situated within the City is required to:
A. Install at the owner’s expense all building sanitary waste plumbing and building sewers therein or thereon. Such installation shall be done as soon as is practicable, as determined by the Director; however, no building intended for occupancy shall receive final approval of a building permit until all required on- and off-site work is completed;
B. At the owner’s expense, connect such premises with the proper public sanitary sewer in accordance with the provisions of this chapter and with adopted City standards. This is to be done no later than six (6) months following official notice from the Director.
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13.14.070 Exceptions to required connection.
Connection of a premises to a private disposal system may be allowed, as provided in this chapter and the California Plumbing Code, including any local amendments thereto, where:
A. No public sewer is located within two hundred (200) feet of any property line of said premises; or
B. Connection to the public sewer is prohibited by a duly authorized government agency.
13.14.080 Permit required prior to connection.
No person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a permit from the Director.
13.14.090 Permit application procedure.
Applications for connections to a City sewer shall in every case be made by the owner or owner’s agent on a form furnished by the City. Each application shall be supplemented by such plans, specifications, analyses of strength and quantity of wastewater to be produced, flow data, or other information as shall, in the judgement of the Director, be considered pertinent.
13.14.100 Cost of sewer connection.
Any connection to the sewerage system, including the piping within any public right-of-way, shall be installed at the sole expense of the owner of the property served. Such connections shall not be made without prior authorization of the Director, receipt of an acceptable complete application, and payment of all applicable fees and charges.
13.14.110 Owner to indemnify City from loss.
The owner(s) shall indemnity the City from any loss or damage that may directly or indirectly be occasioned by the installation of a building sewer.
13.14.120 Permit to connect does not convey vested right.
The holder of all permits issued hereunder shall be subject at all times to all applicable federal, state, county and City laws and regulations. At no time and in no way shall the holder of any permit acquire or be regarded as having acquired a vested or continuing right to maintain or to have continued connection to the sewerage system.
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13.12.130 Standards for physical connections.
All connections to the sewerage system shall be in accordance with the standards specified in this chapter.
13.14.140 Separate building sewer required for every building and parcel.
A separate and independent building sewer shall be provided for every building and parcel.
13.14.150 Building sewer to meet code requirements.
The size, slope, alignment, the materials of construction, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench for a building sewer, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the City. Whenever practical, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage carried by such building drain shall be lifted by a means approved by the Director and discharged to the building sewer.
13.14.160 Connection of building sewers to City sewer to be gas-tight and water-tight.
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the City, and to the procedures set forth in appropriate specifications of the Water Pollution Control Federation Manual of Practice No. 9. All such connections shall be made gas-tight and water-tight and shall be verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Director before installation.
13.14.170 Excavation to be adequately guarded with barricades.
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in accordance with City standards.
13.14.180 Inspection and testing of new connections required.
The applicant for the building sewer permit shall notify the Director when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Director.
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13.14.190 Building sewer to be maintained in water-tight and gas-tight condition.
Each owner of a building sewer shall maintain the sewer in a water-tight and gas- tight condition at all times. Except during inspection, testing or cleaning, all openings required by the plumbing and building codes for inspection, testing and cleaning shall be sealed with a suitable gas-tight plug. Plugs shall not be removed to drain yards, basements, crawl spaces or driveways. All defects in the building sewer which prevent it from being gas-tight and water-tight shall be repaired by the owner within ninety days after notification by the City, and the repaired and tested sewer shall be subject to inspection by the City to verify that a satisfactory repair has been made.
13.14.200 Sewer use regulations.
Sewer use regulations are as set out in Sections 13.14.210 through 13.14.300 of this Code.
13.14.210 Discharge into City storm drain prohibited.
It shall be unlawful to discharge within the City any wastewater or polluted waters into any storm drain or natural outlet or channel. All sewage, waste and wastewater shall be discharged to the sewerage system except as hereinafter provided.
13.14.220 Discharges to City sewerage system shall be regulated.
All discharges to the sewerage system shall comply with the regulations put forth in this chapter. No Person shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes Bypass, Pass Through or Interference including:
A. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred forty degrees (140º) F (sixty degrees (60º) C) using the test methods specified in 40 CFR 261.21;
B. Wastewater having a pH less than six and zero tenths (6.0) or more than nine and zero tenths (9.0), or otherwise causing corrosive structural damage to the POTW or equipment;
C. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in Interference but in no case solids greater than one half inch (0.5”) or one and twenty-seven-hundredths centimeters (1.27 cm) in any dimension;
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D. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause Interference with the POTW;
E. Wastewater having a temperature greater than one hundred fifty degrees (150º) F (sixty-five and six-tenths degrees 65.6 C), or which will inhibit biological activity in the treatment plant resulting in Interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees (104º) F (forty degrees (40º)C);
F. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through;
G. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
H. Trucked or hauled pollutants, except in accordance with Section 13.12.110 D. (Hauled Wastewater) of this Code;
I. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
J. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the City’s NPDES permit;
K. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;
L. Sludges, screenings, or other residues from the pretreatment of industrial wastes;
M. Medical wastes, except as specifically authorized by the Director in a wastewater discharge permit;
N. Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail toxicity test;
O. Detergents, surface-active agents, or other substances which that might cause excessive foaming in the POTW;
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P. FOG of animal or vegetable origin in concentrations greater than 100 mg/L;
Q. Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than ten percent (10%) or any single reading over five percent (5%) of the Lower Explosive Limit of the meter.
R. Radiological, chemical, or biological warfare agent or high-level radioactive waste.
S. Amalgam or waste discharge containing mercury.
13.14.230 Prohibition on discharge of surface waters.
No person shall discharge or cause to be discharged any rainwater, storm water, groundwater, street drainage, subsurface drainage or yard drainage into any pipe which is directly or indirectly connected to the sewerage system.
13.14.240 Prohibition of use of diluting waters.
The use of diluting waters is prohibited.
13.14.250 Prohibition on discharge of other unpolluted water.
Unpolluted water, including but not limited to cooling water, process water or blowdown from cooling towers or evaporative coolers, shall not be discharged through direct or indirect connections to a City sewer unless a wastewater discharge permit is issued by the City.
13.14.260 Limitations on the use of garbage grinders.
Waste from garbage grinders shall not be discharged into the sewerage system except:
A. Wastes generated in preparation of food normally consumed on the premises, such as in a home or restaurant, including “fast food” restaurants;
B. In other cases where the user has obtained a special permit for that specific use from the Director, and agrees to undertake whatever self-monitoring is required to enable the Director to equitably determine the charges and fees based on the waste constituents and characteristics. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the sewerage system, with no particle greater than one half inch (0.5”) or one and twenty-seven-hundredths centimeters (1.27 cm). Garbage grinders shall not be used for refuse, or Attachment 1
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other waste products resulting from the handling, storage and sale of fruits and vegetables in wholesale and retail produce establishments, or wastes from plants engaged in the preparation, processing or preserving of foods not intended primarily for immediate consumption. Such discharge shall not cause the City to violate water quality requirements imposed on it by state or federal regulatory agencies.
13.14.270 Prohibition on discharge of stored liquid wastes.
Liquid wastes that have been collected and held in tanks or containers shall not be discharged into the sewerage system, unless first approved in writing by the Director, and unless payment of processing charges has been made. Wastes of this category include but are not limited to:
A. Septic tank pumpings;
B. Chemical toilet wastes;
C. Pleasure boat wastes;
D. Industrial wastes collected in containers or tanks;
E. Any other material classified as domestic waste, including chemicals and other materials stored on the premises of the user which might directly or indirectly enter the sewerage system, accidentally or otherwise.
13.14.280 Inspections—Access to premises.
The Director or the health officer of the county or any authorized representative of either the public works department or the health department is authorized to make such inspections as such department may deem necessary at any reasonable time in any building, premises, or lot for any of the purposes hereinafter mentioned in this Section. No person shall interfere with, prevent or refuse to permit such authorized persons to enter any building, premises or lot at any reasonable time for any of the following purposes:
A. To determine the size, depth, and location of any sewer connection;
B. To determine the outlet of any sewer connection by depositing harmless testing materials in any plumbing fixture attached thereto and flushing the same, if necessary;
C. To determine by measurements and samples the quantity and nature of the sewage or wastewater being discharged into any sewer;
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D. To determine the location of the roof, swimming pool, floor and surface drains and whether or not they connect to a sewer.
13.14.290 Limitations on point of discharge.
No person shall discharge any substances directly into a manhole or similar opening in a City sewer; all such discharges shall be through an approved building sewer.
13.14.300 Special agreement or arrangement allowed.
No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the City and any person or industrial concern whereby any water or waste of unusual strength or, character or composition may be accepted by the City for treatment. Such agreements may be allowed when in the opinion of the Director compelling circumstances warrant an exception. In the event that any such special agreement or arrangement shall involve additional or extraordinary expense to the City, such person will be required to reimburse the City therefor, and to post with the City a payment bond or other such financial guarantee, as shall be acceptable to the City.
13.14.310 Sewer service charges.
The City Council will by resolution from time to time, establish sewer service charges.
13.14.320 Enforcement.
It shall be the duty of the Director of Public Works of the City to enforce the provisions of this title.
13.14.330 Citation authority.
A. The Director or Director’s agents are granted the authority as provided in Penal Code Section 836.5(a) to issue citations or make arrests for violations of this code.
B. Citations authorized are declared cumulative in nature for every day the violation exists once the citation is issued.
C. Citation authority is granted for violations which, under state law, constitute infractions or misdemeanors.
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13.14.340 Liability of City.
A. Nothing in this title shall be construed as imposing upon the City or any of its officers, employees or agents, any liability or responsibility for injury or damage resulting from work approved or performed under any construction permit issued, or inspection conducted under this title.
B. No person shall be relieved from the responsibility to comply with the requirements of this title because of an error or omission by an officer, employee or agent of the City.
13.14.350 Violation—Penalty.
A. Infractions. Except as specified in paragraph B. of this Section, any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title, or any code adopted by reference, shall be guilty of an infraction. Any person convicted of an infraction under the ordinances of this City shall be punished by the imposition of a fine only, without any imprisonment, as follows:
1. A fine not exceeding one hundred dollars ($100) for the first violation;
2. A fine not exceeding two hundred dollars ($200) for a second violation of this title within a twelve (12) month period; or
3. A fine not exceeding two hundred fifty dollars ($250) for a third violation of this title within a twelve (12) month period.
B. Misdemeanors. Any violation subsequent to the third offence in the same twelve (12) month period shall be classified as a misdemeanor and if convicted is punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed six (6) months, or by both fine and imprisonment.
C. Each Day is a Separate Offense. Each and every day, or portion thereof, that any violations of this title shall continue shall constitute a separate offense. The person permitting or committing such offenses may be charged with separate offenses for each such violation and punished accordingly.
D. Civil Remedies and Penalties. Any person, whether acting as principal, agent, employee or otherwise, who violates the provisions of this title, or any rule, regulation, order or permit issued thereunder, shall be liable for a civil penalty not to exceed two hundred fifty dollars for each day that the violation continues to exist.
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E. Costs and Damages. Any person, whether as principal, agent, employee or otherwise, violating any provisions of this title or the rules, regulations, order or permits issued hereunder shall be liable to the City for the costs incurred, including but not limited to attorney fees and damages suffered by the City, its agents and agencies as a direct and proximate result of such violations.
F. Cumulative Remedies and Penalties. The remedies or penalties provided by this title are cumulative to each other and to the remedies or penalties available under other laws of the City and the state.
F. Recording Violations. The Director may cause a copy of the notice of violation to be recorded in the office of the county recorder, and upon such recordation subsequent grantees of the premises shall be deemed to have notice of the potential assessment of costs or penalties against the premises. Failure to record the notice of violation shall not affect the validity of proceedings under this title.
SECTION 4.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 5.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 6.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 7.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage Attachment 1
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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 7th day of November, 2023, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2023, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.D
SUBJECT/TITLE:
POLICE DEPARTMENT SEMI-ANNUAL UPDATE
RECOMMENDATION:
Receive Police Department Semi-Annual Update.
BACKGROUND:
The Police Department will provide an overview of activity from January 2023 through August 2023. The City Council will review information regarding crime trends/statistics, staffing, and the benefits of new technology that has been implemented by the Police Department. Overviews of the new Computer Aided Dispatch (CAD) and Records Management System (RMS), License Plate Readers (LPR) and the City community camera program will be provided. The City Council will be briefed on the many accomplishments the department has achieved during this calendar year.
Semi-Annual Department Update
From January 2023 through August of 2023, the Police Department noted a 23% decrease in reportable incidents. Of these reportable incidents, the Police Department saw a 32% decrease in Part 1 crimes and a 16% decrease in Part 2 reportable FBI crime offenses. There are several factors that may have contributed to this reduction in reportable incidents. These factors may include the increased amount of rain during the winter, reduction in hotel occupancy and visitors to the city, and staffing vacancies within the Police Department.
The City Council has been very supportive of the Police Department’s pursuit of new technology, which has allowed the department to become more efficient in how it provides services to the community. It has also given Police Department personnel the tools to better address crime and bring those to justice who have victimized those within the community. This update will review the CAD/RMS system and many of the efficiencies it has created for dispatch and officers. Staff will also review the new citizens crime mapping program that can be found online. The report will cover an overview of the newly installed LPRs and some of the success the department has seen with this technology. Finally, staff will give an update on the community camera program and the recent success it has had within the city.
During the remainder of 2023, the Police Department will continue to focus on the hiring and training of the open police officer and dispatcher positions. Department staff will also be preparing to move out of the existing police department, in anticipation of relocating to the three designated temporary locations.
FISCAL IMPACT:
There is no direct fiscal impact from this report.
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ALTERNATIVES:
1. Receive briefing and ask questions to staff.
2. Receive briefing and direct staff for items to be presented at next briefing.
ATTACHMENTS:
1. None
Submitted by: Jeff Smith, Police Chief Meeting Date: November 7, 2023 City Manager Approval:
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.E
SUBJECT/TITLE:
PRESENTATION ON RECRUITMENT AND HIRING INCENTIVE PROGRAM RECOMMENDATION:
Receive a presentation on the City’s Administrative Policy for recruitment and hiring incentives.
BACKGROUND:
At the October 3, 2023 Council Meeting, the City Council directed staff to return with a recommendation on recruitment incentives and strategies to hire for hard-to-fill vacancies.
Over the course of the past year, several key positions within the City have become vacant, leading to considerable recruitment efforts to fill the positions. While some recruitments have resulted in several exceptional hires, the City still has several key vacant positions, including two in the Engineering Division. Due to the competitive hiring market in San Luis Obispo County, and throughout the state, local agencies have had to get creative to incentivize potential job candidates.
To assist in recruitment efforts, the City Manager adopted an Administrative Policy creating a Hiring Incentive Program (Attachment 1) as an added benefit for job candidates to come work for Pismo Beach. Under the Hiring Incentive Program, vacant full-time positions that have been deemed hard to fill by the City Manager will be eligible for up to two types of incentives which could include Relocation Assistance and/or a one- time Lump Sum Hiring Bonus.
Relocation Assistance
1) Amount
a) Department Head Positions: up to $15,000.00
b) All Other Regular Positions: up to $10,000.00
2) Type of Relocation Assistance
a) Reimbursement: Candidates (job applicants to whom the City intends to offer a position) submit receipts for moving expenses to be reimbursed. Candidates have three months from the date of hire to request reimbursement. Must comply with IRS rules.
b) Security Deposit: City may provide a one-time payment for candidates rental housing security deposit. Candidates have three months from the date of hire to request payment for housing security deposit.
c) Down Payment Assistance: City may provide a one-time wire transfer directly into candidates escrow account for the purchase of a residence. This may require execution of a deed of trust on the property. Candidates have six Council Agenda 11-7-2023 12.E-1
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months from date of hire to request payment for a home down payment wire transfer.
Lump Sum Hiring Incentive
1) Amount
a) Department Head Positions: up to $10,000.00
b) All Other Regular Positions: up to $5,000.00
Conditions of Incentive Program
Candidates that have been selected from the recruitment process and successfully completed the required background may be offered one or both hiring incentives, based on approval from the City Manager. Any candidate that is offered an incentive will be required to sign a Continued Service Agreement (Attachment 2). Failure by a candidate to continue service with the City of Pismo Beach due to voluntary resignation or dismissal from the position will result in a need to repay a proportional amount of the incentive(s) received.
Resign or Dismissal within
one year of hire
Employee must repay two-thirds (2/3) of the
incentive(s) given by the City.
Resign or Dismissal within
two years of hire
Employee must repay one-third (1/3) of the incentive
(s) given by the City.
With the addition of the Hiring Incentive Program, the City will become more competitive in the current hiring market.
Recruitment Strategies
The current vacancies within the Engineering Division are recommended to be the first positions to offer the Hiring Incentive Program. Staff will be recruiting for both vacancies simultaneously with the modified strategy of filling them from any of the classifications within the Engineering Services and the proposed Capital Projects Manager position (to be considered as part of the Consent Agenda for this meeting).
By having a broad net for the Engineering positions, the City can meet the candidates at their level, and provide the training and coaching necessary to meet the varied needs of the department. Additionally, the incentive programs as outlined above, will provide a new tool by which we can recruit a candidate from within San Luis Obispo County, as well as from outside the area.
The Human Resources Division will then put together targeted recruitment collateral and market the position on various platforms, job boards, and trade publications.
Conclusion and Recommendation
There is no recommended action. The City Council may provide feedback and discussion on the incentive program.
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FISCAL IMPACT:
There is no direct fiscal impact associated with this discussion item. Staff anticipates that any additional costs for the proposed incentives be supported by projected salary savings.
In the event that budget adjustments are needed, staff will return at mid-year with a budget adjustment request.
ALTERNATIVES:
1. Provide alternate ideas for staff to consider.
ATTACHMENTS:
1.Administrative Policy: Recruitment and Relocation Incentive Program Submitted by: Meeting Date: November 7, 2023
Bianka Buchanan, Human Resources Officer
City Manager Approval:
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PAGE 1 OF 4
Administrative Policy HR-003
Rev. October 31, 2023
CITY OF PISMO BEACH ADMINISTRATIVE POLICY
Policy Name: Policy Number:
Recruitment and Hiring Incentive Program AP-HR-003
Purpose:Original Adoption Date:
The City of Pismo Beach continues to focus on attracting and retaining new employees. To assist in recruitment and retention efforts, the City will be implementing incentive opportunities and establishing guidelines and procedures for the eligibility, approval, and processing of the incentives.
October 31, 2023
Revision Date(s):
City Manager Approval:
I. PURPOSE
The City of Pismo Beach continues to focus on attracting and retaining new employees. To assist in recruitment and retention efforts, the City will be implementing incentive opportunities and establishing guidelines and procedures for the eligibility, approval, and processing of the incentives.
II. APPLICABILITY AND RESPONSIBILITY
A. Applicability
Eligible job candidates that successfully complete the hiring and background process and to whom the City intends to offer a position.
B.Responsibility
The Human Resources Officer shall be generally responsible for the administration of this Policy. The City Manager shall be responsible for approving exceptions to this Policy, and for determining the method and extent of pursuing the correction of violations of this Policy.
III.DEFINITIONS
"City" means the City of Pismo Beach, a municipal corporation. "City employee" means a regular or contract employee of the City. "City Manager" means the City Manager or designee.
"City official" means an appointed or elected City official.
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Administrative Policy HR-003
Rev. October 31, 2023
"Candidate" means a person who successfully passed the hiring and background process, and to whom the City intends to offer a position.
IV. PROVISIONS
A. Lump Sum Hiring Incentive
To attract and retain job candidates whose positions have been deemed hard to fill by the City Manager, the City may offer a lump sum hiring incentive. The lump sum hiring incentive would be given separate from regular payroll processing as a one-time payment upon hire and be subject to taxes.
1. Lump Sum Incentive Amount
a.Department Head Positions: Lump sum hiring incentive up to ten thousand dollars ($10,000.00).
b.All other regular positions: Lump sum hiring incentive up to five thousand dollars ($5,000.00).
2. Eligibility Requirements – Lump-Sum
a. The respective Department Head must complete the Hiring Incentive Form. The job position must be deemed hard to fill by the City Manager, as recommended by the Department
Head, and with concurrence from Human Resources.
b. The Candidate must be selected from an outside recruitment, and not from an internal transfer or promotional opportunity. c.The Candidate must have successfully completed the hiring and background process, and the City must intend to offer the candidate the position.
d. The Candidate must agree to sign a Continued Service Agreement in a form approved by the City Attorney.
B. Relocation Assistance
The City recognizes that due to geographical location, housing availability, cost of living, and moving expenses, job candidates not already located on the Central Coast or in San Luis Obispo County may be deterred from applying for or accepting a position with the City. The City may offer relocation assistance that may be given in denominations not to exceed the defined limits set forth below.
1.Relocation Assistance Amount
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Administrative Policy HR-003
Rev. October 31, 2023
a. Department Head Positions: Total relocation benefits up to fifteen thousand dollars ($15,000.00).
b. All other regular positions: Total relocation benefits up to ten thousand dollars ($10,000.00).
2. Type of Relocation Assistance
Candidates may receive a relocation assistance in one of three possible ways:
a. Reimbursement. Candidates would be required to submit receipts for moving expenses and the City would reimburse costs up to the approved defined limit. Candidates have three (3) months from date of hire to submit receipts for
reimbursement.
b. Security Deposit. The City may provide a one-time payment for a candidate’s security deposit for rental housing, not to exceed the approved defined limit. Candidates have three (3) months from date of hire to request payment for housing security deposit.
c. Downpayment Assistance. The City may provide a one-time wire transfer directly into a candidate’s escrow account for the purchase of a residence, not to exceed the approved defined limit. The City may require execution of a deed of trust on the property to secure the Continued Service Agreement.
Candidates have six (6) months from date of hire to request payment for a home down payment wire transfer.
3. Eligibility Requirements – Relocation
a. Candidate must be relocating their primary residence to San Luis Obispo County and/or relocating fifty (50) or more miles from their current residence. If the position being filled has a call-back provision, distance from the job site will be re- evaluated by City Manager.
b. The respective Department Head must complete the Hiring Incentive Form. The job position must be deemed hard to fill by the City Manager, as recommended by the Department
Head, and with concurrence from Human Resources.
c. The Candidate must be selected from an outside recruitment, and not from an internal transfer or promotional opportunity. d. The Candidate must have successfully completed the hiring and background process, and the City must intend to offer the candidate the position.
e. The Candidate must agree to sign a Continued Service Agreement in a form approved by the City Attorney.
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PAGE 4 OF 4
Administrative Policy HR-003
Rev. October 31, 2023
C. Process
To promote and offer a hiring incentive for a job position, the following steps must occur:
1. The respective Department Head must complete and submit the Hiring Incentive Form.
2. The Human Resources Officer must review and provide
concurrence.
3. The City Manager must provide final approval and deem the requested position hard to fill.
Following final approval, the Human Resources Officer will coordinate the recruitment materials with the hiring department. Upon selection of a candidate and completion of the required background process, the Human Resources Officer will facilitate the administration of the Continued Service Agreement to be signed and coordinate with the Finance Department to pay the incentive.
D. Conditions of Incentive Program
The Candidate will receive the approved hiring incentive upfront and will be required to sign a Continued Service Agreement. Failure to continue service with the City of Pismo Beach due to voluntary resignation or dismissal from position will result in the need to repay a proportional amount of the lump- sum, relocation, or both incentives.
1. If the employee resigns or is dismissed within one (1) year of employment with the City, they will be responsible for repaying approximately two thirds (2/3) of the incentive(s) given.
2. If the employee resigns or is dismissed within two (2) years of employment with the City, they will be responsible for repaying one third (1/3) of the incentive(s) given.
E. Funding Source and Future Changes to Program
The City Manager is authorized to make future administrative changes to this program to successfully attract and retain well-qualified employees. If there is a change to a monetary incentive, the department will be expected to cover the cost within departmental salary savings, or the City Manager can choose to move other funding as needed to support this program.
V. APPENDICES
Hiring Incentive Form
Continued Service Agreement
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1 760 Maƫe Road, Pismo Beach, CA 93449
(805) 773-7004 | PismoBeach.org
CM ONLY
APPROVED
DENIED
MODIFICATION
Recruitment and ,ŝƌŝŶŐ Incentive Program
Hiring IncenƟve Request Form
Department:
Vacant Posi Ɵon:
IncenƟve Requested:
Lump Sum RelocaƟon Both
Amount of IncenƟve Requested:
Lump Sum RelocaƟon
(DH 10K / FT 5K)(DH 15K / FT 10K)
JusƟficaƟon for IncenƟve Request:
Recruitment AdverƟsing Plan:
Social Media
Indeed
Professional AssociaƟons (DEPT provide sites to HR)
Cal Poly & Cuesta
Printed Brochure
Other (explain)
_______________
Date
_______________
Date
_______________
___________________________________
Department Head Signature
__________________________________
Human Resources ^ŝŐŶĂƚƵƌĞ
___________________________________
City Manager Signature Date
Attachment 1
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(805)ϳϳϯ-ϳϬϬϰ |WŝƐŵŽĞĂĐŚ͘ŽƌŐ
CONTINUED SERVICE AGREEMENT
/͕ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ͕ĂŶĂƉƉůŝĐĂŶƚĨŽƌĞŵƉůŽLJŵĞŶƚĂƐĂŶ ĞŵƉůŽLJĞĞŽĨƚŚĞŝƚLJŽĨWŝƐŵŽĞĂĐŚ;͞ŝƚLJ͟Ϳ͕ ĂĐŬŶŽǁůĞĚŐĞƚŚĂƚƚŚĞŝƚLJŚĂƐĞƐƚĂďůŝƐŚĞĚĂƉƌŽŐƌĂŵƚŽƉƌŽǀŝĚĞŝŶĐĞŶƚŝǀĞƐĨŽƌŝŶĚŝǀŝĚƵĂůƐƚŽĂƉƉůLJĨŽƌĞŵƉůŽLJŵĞŶƚ ǁŝƚŚƚŚĞŝƚLJ͘dŽƉƌŽŵŽƚĞƚŚĞƌĞƚĞŶƚŝŽŶŽĨĞŵƉůŽLJĞĞƐǁŚŽŚĂǀĞƌĞĐĞŝǀĞĚƐƵĐŚŝŶĐĞŶƚŝǀĞƐ͕ƚŚĞŝƚLJƌĞƋƵŝƌĞƐƚŚĂƚƚŚĞ ĞŵƉůŽLJĞĞĐŽŶƚŝŶƵĞŝŶĞŵƉůŽLJŵĞŶƚǁŝƚŚƚŚĞŝƚLJĨŽƌĂŵŝŶŝŵƵŵŽĨƚŚƌĞĞLJĞĂƌƐĨŽƌƚŚĞĞŵƉůŽLJĞĞƚŽƌĞƚĂŝŶƚŚĞĞŶƚŝƌĞ ŝŶĐĞŶƚŝǀĞ͘/ŶƚŚĞĞǀĞŶƚĂŶĞŵƉůŽLJĞĞǁŚŽƌĞĐĞŝǀĞƐƐƵĐŚĂŶŝŶĐĞŶƚŝǀĞŝƐƚĞƌŵŝŶĂƚĞĚŽƌƌĞƐŝŐŶƐĨƌŽŵĞŵƉůŽLJŵĞŶƚǁŝƚŚ ƚŚĞŝƚLJ͕ƚŚĞŝƚLJ͛ƐƉƌŽŐƌĂŵƌĞƋƵŝƌĞƐƌĞƉĂLJŵĞŶƚŽĨĂƉŽƌƚŝŽŶŽĨƚŚĞŝŶĐĞŶƚŝǀĞ͘/ĨƚŚĞĞŵƉůŽLJĞĞŝƐƚĞƌŵŝŶĂƚĞĚŽƌ ƌĞƐŝŐŶƐǁŝƚŚŝŶƚŚĞĨŝƌƐƚLJĞĂƌŽĨĞŵƉůŽLJŵĞŶƚ͕ƚŚĞĞŵƉůŽLJĞĞƐŚĂůůƌĞƉĂLJƚŽƚŚĞŝƚLJƚǁŽ-ƚŚŝƌĚƐ;ϮͬϯͿŽĨƚŚĞŝŶĐĞŶƚŝǀĞ ĂŵŽƵŶƚ͘/ĨƚŚĞĞŵƉůŽLJĞĞŝƐƚĞƌŵŝŶĂƚĞĚŽƌƌĞƐŝŐŶƐĂĨƚĞƌĐŽŵƉůĞƚŝŽŶŽĨƚŚĞƐĞĐŽŶĚ LJĞĂƌŽĨĞŵƉůŽLJŵĞŶƚ͕ďƵƚďĞĨŽƌĞ ĐŽŵƉůĞƚŝŽŶŽĨƚŚƌĞĞ LJĞĂƌƐŽĨĞŵƉůŽLJŵĞŶƚ͕ƚŚĞĞŵƉůŽLJĞĞƐŚĂůůƌĞƉĂLJƚŽƚŚĞŝƚLJŽŶĞ-ƚŚŝƌĚ;ϭͬϯͿŽĨƚŚĞŝŶĐĞŶƚŝǀĞ ĂŵŽƵŶƚ͘
dŚĞƌĞĨŽƌĞ͕ŝĨ/ĂŵŚŝƌĞĚĂƐĂŶĞŵƉůŽLJĞĞŽĨƚŚĞŝƚLJ͗
ϭ͘ /ŶĐŽŶƐŝĚĞƌĂƚŝŽŶŽĨƌĞĐĞŝǀŝŶŐĂĨŝŶĂŶĐŝĂůŝŶĐĞŶƚŝǀĞŝŶƚŚĞĂŵŽƵŶƚŽĨΨͺͺͺͺͺͺͺͺͺͺͺͺͺ͕/ŚĞƌĞďLJĂŐƌĞĞƚŽ ƌĞŵĂŝŶŝŶƚŚĞĞŵƉůŽLJŽĨƚŚĞŝƚLJŽĨWŝƐŵŽĞĂĐŚĨŽƌĂŵŝŶŝŵƵŵŽĨƚŚƌĞĞ LJĞĂƌƐ͕ĐŽŵŵĞŶĐŝŶŐĨƌŽŵŵLJĨŝƌƐƚĚĂLJŽĨ ĞŵƉůŽLJŵĞŶƚ͘/ĂŐƌĞĞƚŚĂƚŝĨ/ƌĞƐŝŐŶŽƌŝĨ/ĂŵƚĞƌŵŝŶĂƚĞĚĨƌŽŵƚŚĞŝƚLJǁŝƚŚŝŶƚŚĞĨŝƌƐƚLJĞĂƌŽĨŵLJĞŵƉůŽLJŵĞŶƚ͕/ ǁŝůůƌĞŝŵďƵƌƐĞƚŚĞŝƚLJĨŽƌƚǁŽ-ƚŚŝƌĚƐ;ϮͬϯͿŽĨƚŚĞĨŝŶĂŶĐŝĂůŝŶĐĞŶƚŝǀĞŝŶŽŶĞůƵŵƉƐƵŵŶŽƚůĂƚĞƌƚŚĂŶĨŝǀĞĚĂLJƐĂĨƚĞƌ ƚŚĞƚĞƌŵŝŶĂƚŝŽŶŽĨŵLJĞŵƉůŽLJŵĞŶƚ͕ƵŶůĞƐƐĂƚƚŚĞƐŽůĞŽƉƚŝŽŶŽĨƚŚĞŝƚLJ͕ĂƉĂLJŵĞŶƚƐĐŚĞĚƵůĞŝƐĂŐƌĞĞĚƵƉŽŶ͘/ ĨƵƌƚŚĞƌĂŐƌĞĞƚŚĂƚŝĨ/ƌĞƐŝŐŶŽƌŝĨ/ĂŵƚĞƌŵŝŶĂƚĞĚĨƌŽŵƚŚĞŝƚLJĂĨƚĞƌĐŽŵƉůĞƚŝŽŶŽĨƚŚĞƐĞĐŽŶĚ LJĞĂƌŽĨŵLJ ĞŵƉůŽLJŵĞŶƚďƵƚďĞĨŽƌĞĐŽŵƉůĞƚŝŽŶŽĨƚŚĞƚŚŝƌĚLJĞĂƌŽĨŵLJĞŵƉůŽLJŵĞŶƚ͕/ǁŝůůƌĞŝŵďƵƌƐĞƚŚĞŝƚLJĨŽƌŽŶĞ-ƚŚŝƌĚ;ϭͬϯͿ ŽĨƚŚĞĨŝŶĂŶĐŝĂůŝŶĐĞŶƚŝǀĞŝŶŽŶĞůƵŵƉƐƵŵŶŽƚůĂƚĞƌƚŚĂŶĨŝǀĞĚĂLJƐĂĨƚĞƌƚŚĞƚĞƌŵŝŶĂƚŝŽŶŽĨŵLJĞŵƉůŽLJŵĞŶƚ͕ƵŶůĞƐƐ ĂƚƚŚĞƐŽůĞŽƉƚŝŽŶŽĨƚŚĞŝƚLJ͕ĂƉĂLJŵĞŶƚƐĐŚĞĚƵůĞŝƐĂŐƌĞĞĚƵƉŽŶ͘/Ĩ/ ĐŽŵƉůĞƚĞƚŚƌĞĞ LJĞĂƌƐŽĨĞŵƉůŽLJŵĞŶƚǁŝƚŚ ƚŚĞŝƚLJ͕/ǁŝůůŶŽƚďĞƌĞƐƉŽŶƐŝďůĞĨŽƌĂŶLJƌĞŝŵďƵƌƐĞŵĞŶƚŽĨƚŚĞŝŶĐĞŶƚŝǀĞƵƉŽŶƚĞƌŵŝŶĂƚŝŽŶŽĨĞŵƉůŽLJŵĞŶƚ͘ Ϯ͘ /ĨƵƌƚŚĞƌĂŐƌĞĞƚŚĂƚƐŚŽƵůĚƚŚĞŝƚLJƉƌĞǀĂŝůŝŶůĞŐĂůĂĐƚŝŽŶŝŶƐƚŝƚƵƚĞĚƚŽĐŽůůĞĐƚƚŚĞƌĞŝŵďƵƌƐĞŵĞŶƚƐĞƚĨŽƌƚŚ ŝŶ^ĞĐƚŝŽŶϯ͕/ǁŝůůƉĂLJĂůůĐŽƐƚƐŽĨƐƵĐŚůŝƚŝŐĂƚŝŽŶ͕ŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͕ĂƚƚŽƌŶĞLJƐ͛ĨĞĞƐŝŶĐƵƌƌĞĚďLJƚŚĞŝƚLJ͘ ϯ͘ /ŚĂǀĞďĞĞŶƉƌŽǀŝĚĞĚĂĐŽƉLJŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕ĂŶĚ /ŚĂǀĞďĞĞŶĂĚǀŝƐĞĚďLJĂƌĞƉƌĞƐĞŶƚĂƚŝǀĞŽĨƚŚĞŝƚLJƚŚĂƚ /ŵĂLJĐŽŶƐƵůƚǁŝƚŚĂŶĂĚǀŝƐŽƌŽƌĂƚƚŽƌŶĞLJďĞĨŽƌĞƐŝŐŶŝŶŐƚŚŝƐĚŽĐƵŵĞŶƚ͘ ϰ͘ /ŚĂǀĞƌĞĂĚĂŶĚĨƵůůLJƵŶĚĞƌƐƚĂŶĚƚŚĞƚĞƌŵƐĂŶĚĐŽŶĚŝƚŝŽŶƐŽĨƚŚŝƐĐŬŶŽǁůĞĚŐĞŵĞŶƚĂŶĚŐƌĞĞŵĞŶƚ͕ĂŶĚ/ ĂŐƌĞĞƚŽĞĂĐŚĂŶĚĞǀĞƌLJƚĞƌŵĂŶĚĐŽŶĚŝƚŝŽŶĐŽŶƚĂŝŶĞĚŚĞƌĞŝŶ͘ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ
ŵƉůŽLJĞĞ EĂŵĞ ^ŝŐŶĂƚƵƌĞ ĂƚĞ
ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ,ƵŵĂŶZĞƐŽƵƌĐĞƐ ^ŝŐŶĂƚƵƌĞĂƚĞ
Attachment 1
Council Agenda 11-7-2023 12.E-9
Packet Page 430