Agenda packet — Pismo Beach City Council, November 7, 2023 (part 1 of 2)

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AGENDA
Pismo Beach City Council
Tuesday, November 7, 2023
Time Meeting Type Physical Location Virtual Participation Option 5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual participation is offered via Zoom.
2 Broadcast meeting also available, for viewing only, on cable Channel 20 and online at pismobeach.org/agenda.

0.HYBRID MEETING INSTRUCTIONS:

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

Watch and participate in person:
•Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. •To make public comment, please submit an optional blue “speaker slip” to staff; the Mayor will ask you to approach the lectern to speak during the public comment period on your item of interest.

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

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

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

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

Submit written comment:
•In advance of the meeting, written comments may be emailed to [email protected] or mailed or delivered to the City Clerk’s Office, 760 Mattie Road, Pismo Beach, CA 93449. During the meeting no later than the start of the comment period for your item of interest, written comment may be hand-delivered to staff in the Council Chamber. Emails submitted after the start of the meeting may not be fully considered prior to any action taken on the item.

Submit voicemail comment:
•Call 805-773-7005 and leave a voicemail before the meeting. Voicemails submitted after the start of the meeting may not be fully considered prior to any action taken on the item. This automated voicemail line will not be answered or monitored for other purposes.

Please note:
•Meetings may begin a few minutes after the scheduled start time. •Meetings will be recorded; these recordings are public record. •Phone numbers of call-in participants may be visible to other meeting participants, or in meeting recordings. •Phone numbers of voicemail commenters may be visible in the public record along with transcripts.

Please contact City Clerk Erica Inderlied at [email protected] with questions.

Council Agenda 11-7-2023

Pismo Beach City Council Agenda November 7, 2023

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Regular Meeting—5:30 p.m.

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

Mayor Waage to participate via teleconference from:
193 Wave Avenue, Pismo Beach, CA 93449
In accordance with CA Government Code Section 54953(b), this teleconferencing location shall be accessible to the public, this agenda shall be posted at the location, and a public comment period at the remote location shall be provided.

CALL TO ORDER: Mayor Waage

1. ROLL CALL:

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

2. PLEDGE OF ALLEGIANCE

3. ACCEPTANCE OF AGENDA

4. PRESENTATIONS

Item 4.A: Proclamation: A Proclamation Recognizing November 2023 as “National Hospice and Palliative Care Month” (Hospice of San Luis Obispo County)

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

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

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

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

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

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

Council Agenda 11-7-2023

Pismo Beach City Council Agenda November 7, 2023

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8. COUNCIL COMMITTEE REPORTS

1. Air Pollution Control District, SLO County (Newton/Reiss)

2. California Joint Powers Insurance Authority (Reiss)

3. CAPSLO (Reiss)

4. Central Coast Blue Regional Recycled Water Authority (Waage)

5. Central Coast Community Energy Policy Board (Mayor)

6. Chapman Estate Foundation (Liaison) (Reiss)

7. Coastal Cities Group, League of CA Cities (Waage)

8. Conference and Visitors Bureau / LBID Board (Liaison) (Inman)

9. Friends of Price House Liaison (Waage)

10. Hazard Mitigation & Fire Safety (Inman/Waage)

11. Homeless Services Oversight Council (Guthrie/Reiss)

12. Integrated Waste Management Authority (Newton/Inman)

13. Mobile Home Rent Stabilization Subcommittee (Inman/Reiss)

14. REACH (Newton)

15. Regional Transit Authority, SLO (Waage/Reiss)

16. Shell Beach Improvement Group Liaison (Inman)

17. SLOCOG (Waage/Reiss)

18. South County Chambers Gov’t Affairs (Guthrie/Inman)

19. Visit SLO CAL Advisory Committee (Inman)

20. Water Resources Advisory Committee, SLO (Guthrie/Inman)

21. Zone 3 Water Advisory Committee, SLO (Guthrie/Inman) (Govt Code Section 53232.3)

9. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration. Public comment on Consent Calendar items will be invited prior to action on the Calendar.

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

Recommendation:

1. Adopt Minutes of the March 30, 2023 Closed Session.

2. Adopt Minutes of the October 17, 2023 Regular Joint Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for October 8, 2023;

2. Approve the Register of Demands for October 6, 2023 and October 13, 2023.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for September 2023 of FY 2024 (Feeser)

Recommendation:

No action recommended; for information only.

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

Recommendation:

No action recommended; for information only.

Item 9.E: Fiscal Year 2024 First Quarter Financial Status Report (Feeser)

Recommendation:

No action recommended; for information only.

Council Agenda 11-7-2023

Pismo Beach City Council Agenda November 7, 2023

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Item 9.F: Quarterly Investment Report for the Three Months of July through September 2023—the First Quarter of FY 2024 (Feeser)
Recommendation:

No action recommended; for information only.

Item 9.G: Notice of Completion for the Ocean Boulevard Improvements Project (Fine)
Recommendation:

1.Accept the Ocean Boulevard Improvements Project as complete;

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

Item 9.H: Traffic Safety Committee Recommendations to City Council (Fine) Recommendation:

1.Receive a report on the items considered at the most recent Traffic Safety Committee meeting;

2.Adopt a Resolution authorizing the installation of red curb and “No Parking” signs on Indio Drive and corresponding update to the Striping Atlas.

Item 9.I: Proposition 68 Per Capita Program Grant Funding Pass-Through to Templeton Community Services District (Fine)
Recommendation:

Adopt a Resolution authorizing an amendment to Contract No. C9801608 with the State of California to allow the pass through of the City of Pismo Beach Per Capita Grant Fund allocation.

Item 9.J: Union Pacific Railroad Easement Agreements for Central Coast Blue Project (Fine)
Recommendation:

Adopt a Resolution authorizing the City Manager to enter into two agreements with Union Pacific Railroad (UPRR) for easements allowing two crossings of the UPRR right-of-way for infrastructure for Central Coast Blue.

Item 9.K: Amendment #2 to the Agreement with Hunter Smith & Associates, Inc. for the Chapman Estate ADA Restroom Remodel and Addition Project (Fine)
Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #2 to the existing Professional Services Agreement with Hunter Smith & Associates, Inc. in the amount of $26,597.17 for Construction Management Services for the Chapman Estate ADA Restroom and Remodel Project.

Council Agenda 11-7-2023

Pismo Beach City Council Agenda November 7, 2023

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Item 9.L: Updates Advisory Body Bylaws and Handbook (Inderlied)

Recommendation:

1. Adopt a Resolution adopting revised Bylaws for the Conference and Visitors Bureau Board; rescinding Resolution R-2020-011;

2. Adopt a Resolution adopting revised Bylaws for the Parking Advisory Committee; rescinding Resolution R-2020-012;

3. Adopt a Resolution adopting revised Bylaws for the Parks, Recreation and Beautification Commission; rescinding Resolution R-2020-013;

4. Adopt a Resolution adopting revised Bylaws for the Planning Commission; rescinding Resolution R-2020-014.

5. Adopt a Resolution adopting an updated Pismo Beach Advisory Body Handbook; rescinding Resolutions R-2020-015.

Item 9.M: 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 (Buchanan)

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.

10. ITEMS PULLED FROM CONSENT CALENDAR

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

None.

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

Item 12.A: Shell Beach Road Multi-Use Path Configuration (Fine)

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.

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

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.

Council Agenda 11-7-2023

Pismo Beach City Council Agenda November 7, 2023

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Item 12.C: Introduction (First Reading) of Sewer Use Ordinance (Fine)

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.

Item 12.D: Police Department Semi-Annual Update (Smith)

Recommendation:

Receive Police Department Semi-Annual Update.

Item 12.E: Presentation on Recruitment and Hiring Incentive Program (Buchanan)

Recommendation:

Receive a presentation on the City’s Administrative Policy for recruitment and hiring incentives.

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

14. ADJOURNMENT

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

Meeting Time Date Location
Closed Session 1:30 p.m. Monday, November 13, 2023 Council Chamber, City Hall Regular Meeting 5:30 p.m. Tuesday, December 5, 2023 Council Chamber, City Hall Regular Council meetings will adjourn by 11:00 p.m. unless four-fifths of the Council votes to continue past that time. If the meeting is adjourned at 11:00 p.m., any remaining agenda items will be continued to the next regular meeting (R-97-04).

AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the November 7, 2023 meeting(s) of the Pismo Beach City Council was posted on November 2, 2023, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.

Erica Inderlied, City Clerk

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

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

Related Materials: All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at Council Agenda 11-7-2023

Pismo Beach City Council Agenda November 7, 2023

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[email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. Please call (805) 773-7003 with any questions.

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

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

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

35.104 ADA Title II).

Council Agenda 11-7-2023

A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA RECOGNIZING NOVEMBER 2023 AS
“NATIONAL HOSPICE AND PALLIATIVE CARE MONTH”
WHEREAS, hospice and palliative care empower people facing a serious or life-limiting illness to live as fully as possible, ensuring people dignity, choice, and quality of life; and WHEREAS, the hospice model involves an interdisciplinary, team-oriented approach to treatment, including expert medical care, quality symptom control, and comprehensive pain management as a foundation of care; and
WHEREAS, beyond providing physical treatment, hospice attends to the patient’s emotional, spiritual, and family needs, and provides family services like respite care and bereavement counseling; and WHEREAS, in an increasingly fragmented and broken health care system, hospice is one of the few sectors that demonstrates how health care can—and should—work at its best for its patient; and WHEREAS, a growing body of peer-reviewed research indicates that timely access to hospice and palliative care can decrease hospitalizations and Emergency Room visits and increase quality of life for patients and family caregivers; and
WHEREAS, every year more than 1.56 million Americans living with life-limiting illness, and their families, received care from the nation’s hospice programs in communities throughout the United States; and
WHEREAS, more than 355,000 trained volunteers contribute 16 million hours of service to hospice programs annually in the U.S.; and
WHEREAS, hospice and palliative care organizations are advocates and educators about advance care planning that help individuals make decisions about the care they want; and WHEREAS, Hospice of San Luis Obispo County, Central Coast Hospice, Dignity Health Hospice, and Wilshire Hospice provide hospice care and bereavement counseling respectively to individuals within the County of San Luis Obispo.

NOW, THEREFORE, the City Council of the City of Pismo Beach hereby proclaims November 2023 as “National Hospice and Palliative Care Month” and encourages citizens to increase their understanding and awareness of care at the end of life and to observe this month with appropriate activities and programs.

Dated this 7th day of November, 2023
________________________
Ed Waage, Mayor
Council Agenda 11-7-2023 4.A-1
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
` SUBJECT/TITLE:

ADOPTION OF MEETING MINUTES
RECOMMENDATION:

1.Adopt Minutes of the March 30, 2023 Closed Session;

2.Adopt Minutes of the October 17, 2023 Regular Joint Meeting.

BACKGROUND:

Attached for the Council’s consideration are the draft minutes of the subject meetings for review and adoption.

FISCAL IMPACT:

There is no fiscal impact associated with the preparation or adoption of meeting minutes.

ALTERNATIVES:

1. Adopt the minutes with revisions.

2.Decline to adopt the minutes; provide direction or request additional information.

ATTACHMENTS:

1.Draft Minutes of the March 30, 2023 Closed Session

2.Draft Minutes of the October 17, 2023 Regular Joint Meeting Submitted by: Erica Inderlied, City Clerk Meeting Date: November 7, 2023 City Manager Approval:

9.A-1Council Agenda 11-7-2023
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DRAFT MINUTES
Pismo Beach City Council
Thursday, March 30, 2023
Special Closed Session—12:00 p.m.

City Hall, 760 Mattie Road, Pismo Beach, CA 93449
The City Council of the City of Pismo Beach met this date in a special closed session with Mayor Waage presiding.

CALL TO ORDER: Mayor Waage called the meeting to order at 12:00 p.m.

1.ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:

James R. Lewis, City Manager

2.PUBLIC COMMENT PERIOD

Call for public comment: No comment.

3.ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Waage announced the Closed Session item listed below.

Item 3.A: Public Employee Performance Evaluation
Pursuant to Government Code Section 54957(b)
Title: City Manager

4.CLOSED SESSION REPORT
City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above item.

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5.ADJOURNMENT
At 2:30 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

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DRAFT MINUTES
Pismo Beach City Council
Pismo Beach Public Financing Authority Board
Tuesday, October 17, 2023
Regular Joint Meeting—5:30 p.m.

Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 The City Council and Public Financing Authority Board of the City of Pismo Beach met this date in a regular joint session with Mayor Pro Tempore/Vice-Chair Reiss presiding.

CALL TO ORDER: 5:30 p.m.

1.ROLL CALL:

City Council:

Present: Absent:

Mayor Pro Tem Mary Ann Reiss Mayor Ed Waage
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Public Financing Authority Board:

Present: Absent:

Vice-Chair Mary Ann Reiss Chair Ed Waage
Board Member Marcia Guthrie
Board Member Stacy Inman
Board Member Scott Newton
Staff Present:

Matt Downing, Community Development Director
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
Chris Trimble, Police Commander
Other staff present as noted below

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2.PLEDGE OF ALLEGIANCE
Council Member Guthrie led the Pledge of Allegiance.

3.ACCEPTANCE OF AGENDA
No requests to reorder the agenda.

4.PRESENTATIONS
Item 4.A: Proclamation: Recognizing September 15 – October 15, 2023 as “National Hispanic Heritage Month” (Latino Outreach Council) Presented to CR Lara, Latino Outreach Council.

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

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

7.CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman had nothing to report.

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

Council Member Newton:

San Luis Obispo County Integrated Waste Management Authority (IWMA) Board.

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

Council Member Inman requested that Item 9.D: Paid Parking Quarterly Update - First Quarter of Fiscal Year 2024, and Item 9.G: Purchase of New Fire Department Administration Vehicle, be pulled for discussion.

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Action: Adopt Consent Calendar.

Council Member Inman announced a conflict of interest and recusal with respect to Item

9.H, Settlement Agreement with Pismo Beach Self Storage, LP.

Motion: Guthrie
Second: Newton
Vote: The motion passed on the following vote (Items 9.A; 9.B; 9.C; 9.E; 9.F; 9.I):

Ayes: 4 Guthrie, Newton, Inman, Reiss
Noes: 0

Absent: 1 Waage
Abstain: 0
Recused: 0
(Item 9.H):

Ayes: 3 Guthrie, Newton, Reiss
Noes: 0

Absent: 1 Waage
Abstain: 0
Recused: 1 Inman
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:

Adopt Minutes of the October 3, 2023 Regular Meeting.

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

1.Approve the Summary of Payroll Register for September 24, 2023;

2.Approve the Register of Demands for September 8, 2023, September 15, 2023, September 22, 2023 and September 29, 2023.

Item 9.C: Appointment Of Successor Executive Director: Pismo Beach Public Financing Authority (Feeser)
Recommendation:

Adopt a Resolution of the Board of Directors of the Pismo Beach Public Financing Authority appointing a successor Executive Director.

Legislative Record: Resolution PFA-R-2023-002 adopted.

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Item 9.D: Paid Parking Quarterly Update - First Quarter of Fiscal Year 2024 (Downing)

Recommendation:

No action recommended; for information only.

Pulled from the Consent Calendar for discussion.

Item 9.E: Notice of Completion and Acceptance of Public Improvements for Tract 2114-2, Rancho Pacifica – Phase 2 (Fine)

Recommendation:

1. Accept the public improvements for Tract 2114-2 as complete and authorize the release of the improvement securities; and

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

Item 9.F: Award of Contract to CLAD Consulting, Inc. for the Police Department Parking Division Annex Building Project and the Public Safety Facility Project (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with CLAD Consulting, Inc. for Construction Management, Inspection and Administration Services in the amount of $148,740 for the Police Department Parking Division Annex Building project and for $85,830 related to the City business operations continuity during the Public Safety Facility project.

Legislative Record: Resolution R-2023-074 adopted.

Item 9.G: Purchase of New Fire Department Administration Vehicle (Fine)

Recommendation:

Adopt a Resolution authorizing the purchase of one replacement Fire Department Administration vehicle FD181 in the amount of $64,653.13 in Fiscal Year 2024.

Pulled from the Consent Calendar for discussion.

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Item 9.H: Settlement Agreement with Pismo Beach Self Storage, LP (Fleishman)

Recommendation:

Adopt a Resolution approving a Settlement Agreement with Pismo Beach Self Storage, LP, and authorizing the City Manager to execute the Agreement on behalf of the City.

Legislative Record: Resolution R-2023-076 adopted.

Item 9.I: Acceptance of Funding Award from the Department of Alcoholic Beverage Control (ABC) for Alcoholic Beverage Law
Enforcement (Smith)

Recommendation:

Adopt a Resolution accepting grant funds in the amount of $63,252 from the Department of Alcoholic Beverage Control, and
appropriating $63,252 in grant revenues and $63,252 in various expenditures in the General Fund Police Department budget in Fiscal Year 2024.

Legislative Record: Resolution R-2023-077 adopted.

10. ITEMS PULLED FROM CONSENT

Item 9.D: Paid Parking Quarterly Update - First Quarter of Fiscal Year 2024 (Downing)

Recommendation: No action recommended; for information only.

Presenting staff:

Jorge Garcia, City Manager

Action: No action.

Item 9.G: Purchase of New Fire Department Administration Vehicle (Fine)

Recommendation: Adopt a Resolution authorizing the purchase of one replacement Fire Department Administration vehicle FD181 in the amount of $64,653.13 in Fiscal Year 2024.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, City Manager
Paul Lee, Battalion Chief

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Action: Adopt a Resolution authorizing the purchase of one replacement Fire Department Administration vehicle FD181 in the amount of $64,653.13 in Fiscal Year 2024.

Motion: Guthrie
Second: Inman

Vote: The motion passed on the following vote:

Ayes: 4 Guthrie, Inman, Newton, Reiss
Noes: 0

Absent: 1 Waage
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2023-075 adopted.

12. BUSINESS ITEMS

This item was reordered.

Item 12.A: Authorizing and Directing the Redemption of all Outstanding 2012 Wastewater Refunding Revenue Bonds, and Authorizing Certain Actions in Connection Therewith and Approving the Redemption of 2012 Wastewater Refunding Revenue Bonds and Authorizing Certain Actions Related Thereto (Feeser)

Recommendation:

1. Adopt a Resolution of the City Council of the City of Pismo Beach authorizing and directing the redemption of all outstanding 2012 Wastewater Refunding Revenue bonds, and authorizing certain actions in connection therewith; and

2. Adopt a Resolution of the Board of Directors of the Pismo Beach Public Financing Authority approving the redemption of 2012 Wastewater Refunding Revenue bonds and authorizing certain actions related thereto.

Presenting staff:

Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager

Call for public comment:

Rik Grencik commented.

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Action: Adopt a Resolution of the City Council of the City of Pismo Beach authorizing and directing the redemption of all outstanding 2012 Wastewater Refunding Revenue bonds, and authorizing certain actions in connection therewith.

Motion: Guthrie
Second: Newton

Vote: The motion passed on the following vote:

Ayes: 4 Guthrie, Newton, Inman, Reiss
Noes: 0

Absent: 1 Waage
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2023-078 adopted.

Action: Adopt a Resolution of the Board of Directors of the Pismo Beach Public Financing Authority approving the redemption of 2012 Wastewater Refunding Revenue bonds and authorizing certain actions related thereto.

Motion: Inman
Second: Guthrie

Vote: The motion passed on the following vote:

Ayes: 4 Inman, Guthrie, Newton, Reiss
Noes: 0

Absent: 1 Waage
Abstain: 0
Recused: 0

Legislative Record: Resolution PFA-R-2023-003 adopted.

This item was reordered.

Item 12.B: Pismo Beach Parking Management Plan (Downing)

Recommendation: Adopt a Resolution adopting the 2023 Pismo Beach Parking Management Plan.

Presenting staff:

Matt Downing, Community Development Director
Jorge Garcia, City Manager
Cory Hanh, Planning Manager

Call for public comment: No comment.

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Action: Adopt a Resolution adopting the 2023 Pismo Beach Parking Management Plan.

Motion: Guthrie
Second: Inman

Vote: The motion passed on the following vote:

Ayes: 4 Guthrie, Inman, Newton, Reiss
Noes: 0

Absent: 1 Waage
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2023-079 adopted.

11. PUBLIC HEARINGS

Item 11.A: Resolution Adopting New Water and Wastewater Fees for Fiscal Years 2024 Through 2028, Effective on January 1, 2024 (Feeser)

Recommendation:

1. Hold a public hearing; receive input and written protests, if any, from the public on the proposed changes to water and wastewater rates; and

If protests are received for less than a majority of eligible parcels:

2. Adopt a Resolution adopting new water and wastewater fees for Fiscal Years 2024 through 2028, effective on January 1, 2024.

Presenting staff:

Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager
Erica Inderlied, City Clerk

Public Hearing / Call for public comment:

Rik Grencik commented.

The public hearing was closed.

City Clerk Inderlied announced that the number of written protests received as of the close of the Public Hearing was not sufficient to constitute a majority protest, and that the Council could therefore proceed with staff’s recommendation.

Action: Adopt a Resolution adopting new water and wastewater fees for Fiscal Years 2024 through 2028, effective on January 1, 2024.

9.A-11
Attachment 2
Council Agenda 11-7-2023
Packet Page 12

Motion: Inman
Second: Guthrie
Vote: The motion passed on the following vote:

Ayes: 3 Inman, Guthrie, Reiss
Noes: 1 Newton

Absent: 1 Waage
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-080 adopted.

12.BUSINESS ITEMS
Item 12.A: Authorizing and Directing the Redemption of all Outstanding 2012 Wastewater Refunding Revenue Bonds, and Authorizing Certain Actions in Connection Therewith
and
Approving the Redemption of 2012 Wastewater Refunding Revenue Bonds and Authorizing Certain Actions Related Thereto (Feeser) This item was reordered and heard prior to Item 11.A.

Item 12.B: Pismo Beach Parking Management Plan (Downing) This item was reordered and heard prior to Item 11.A.

Item 12.C: Public Safety Facility Project Budget (Feeser) Recommendation:

Adopt a Resolution appropriating revenue and expenditures for the Public Safety Facility construction and construction-related costs and for the temporary relocation of resources and business continuity of services in Fiscal Years 2024 and 2025.

Presenting staff:

Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager
Call for public comment: No comment.

Action: Adopt a Resolution appropriating revenue and expenditures for the Public Safety Facility construction and construction-related costs and for the temporary relocation of resources and business continuity of services in Fiscal Years 2024 and 2025.

9.A-12
Attachment 2
Council Agenda 11-7-2023
Packet Page 13

Motion: Guthrie
Second: Newton

Vote: The motion passed on the following vote:

Ayes: 4 Guthrie, Newton, Inman, Reiss
Noes: 0

Absent: 1 Waage
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2023-081 adopted.

13. CITY COUNCIL COMMENTS AND REQUESTS

No requests.

14. ADJOURNMENT

At 6:47 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

9.A-13
Attachment 2
Council Agenda 11-7-2023
Packet Page 14

DRAFT MINUTES
Pismo Beach City Council
Thursday, March 30, 2023
Special Closed Session—12:00 p.m.

City Hall, 760 Mattie Road, Pismo Beach, CA 93449
The City Council of the City of Pismo Beach met this date in a special closed session with Mayor Waage presiding.

CALL TO ORDER: Mayor Waage called the meeting to order at 12:00 p.m.

1.ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:

James R. Lewis, City Manager

2.PUBLIC COMMENT PERIOD

Call for public comment: No comment.

3.ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Waage announced the Closed Session item listed below.

Item 3.A: Public Employee Performance Evaluation
Pursuant to Government Code Section 54957(b)
Title: City Manager

4.CLOSED SESSION REPORT
City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above item.

9.A-14
Attachment 2
Council Agenda 11-7-2023
Packet Page 15

5. ADJOURNMENT
At 2:30 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

9.A-15
Attachment 2
Council Agenda 11-7-2023
Packet Page 16

DRAFT MINUTES
Pismo Beach City Council
Pismo Beach Public Financing Authority Board
Tuesday, October 17, 2023
Regular Joint Meeting—5:30 p.m.

CALL TO ORDER: 5:30 p.m.

1.ROLL CALL:

City Council:

Present: Absent:

Mayor Pro Tem Mary Ann Reiss Mayor Ed Waage
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Public Financing Authority Board:

Present: Absent:

Vice-Chair Mary Ann Reiss Chair Ed Waage
Board Member Marcia Guthrie
Board Member Stacy Inman
Board Member Scott Newton
Staff Present:

9.A-16
Attachment 2
Council Agenda 11-7-2023Council Agenda 11-7-2023
Packet Page 17

2.PLEDGE OF ALLEGIANCE
Council Member Guthrie led the Pledge of Allegiance.

3.ACCEPTANCE OF AGENDA
No requests to reorder the agenda.

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

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

7.CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman had nothing to report.

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

Council Member Newton:

San Luis Obispo County Integrated Waste Management Authority (IWMA) Board.

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

9.A-17
Attachment 2
Council Agenda 11-7-2023
Packet Page 18

Action: Adopt Consent Calendar.

Council Member Inman announced a conflict of interest and recusal with respect to Item

9.H, Settlement Agreement with Pismo Beach Self Storage, LP.

Motion: Guthrie
Second: Newton

Vote: The motion passed on the following vote (Items 9.A; 9.B; 9.C; 9.E; 9.F; 9.I):

Ayes: 4 Guthrie, Newton, Inman, Reiss
Noes: 0

Absent: 1 Waage
Abstain: 0
Recused: 0

(Item 9.H):

Ayes: 3 Guthrie, Newton, Reiss
Noes: 0

Absent: 1 Waage
Abstain: 0
Recused: 1 Inman

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

Recommendation:

Adopt Minutes of the October 3, 2023 Regular Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for September 24, 2023;

2. Approve the Register of Demands for September 8, 2023, September 15, 2023, September 22, 2023 and September 29, 2023.

Item 9.C: Appointment Of Successor Executive Director: Pismo Beach Public Financing Authority (Feeser)

Recommendation:

Adopt a Resolution of the Board of Directors of the Pismo Beach Public Financing Authority appointing a successor Executive Director.

Legislative Record: Resolution PFA-R-2023-002 adopted.

9.A-18
Attachment 2
Council Agenda 11-7-2023
Packet Page 19

Item 9.D: Paid Parking Quarterly Update - First Quarter of Fiscal Year 2024 (Downing)
Recommendation:

No action recommended; for information only.

Pulled from the Consent Calendar for discussion.

Item 9.E: Notice of Completion and Acceptance of Public Improvements for Tract 2114-2, Rancho Pacifica – Phase 2 (Fine)
Recommendation:

1.Accept the public improvements for Tract 2114-2 as complete and authorize the release of the improvement securities; and

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

Item 9.F: Award of Contract to CLAD Consulting, Inc. for the Police Department Parking Division Annex Building Project and the Public Safety Facility Project (Fine)
Recommendation:

Legislative Record: Resolution R-2023-074 adopted.

Item 9.G: Purchase of New Fire Department Administration Vehicle (Fine) Recommendation:

Adopt a Resolution authorizing the purchase of one replacement Fire Department Administration vehicle FD181 in the amount of $64,653.13 in Fiscal Year 2024.

Pulled from the Consent Calendar for discussion.

9.A-19
Attachment 2
Council Agenda 11-7-2023
Packet Page 20

Item 9.H: Settlement Agreement with Pismo Beach Self Storage, LP (Fleishman)

Recommendation:

Adopt a Resolution approving a Settlement Agreement with Pismo Beach Self Storage, LP, and authorizing the City Manager to execute the Agreement on behalf of the City.

Legislative Record: Resolution R-2023-076 adopted.

Item 9.I: Acceptance of Funding Award from the Department of Alcoholic Beverage Control (ABC) for Alcoholic Beverage Law
Enforcement (Smith)

Recommendation:

Legislative Record: Resolution R-2023-077 adopted.

10. ITEMS PULLED FROM CONSENT

Item 9.D: Paid Parking Quarterly Update - First Quarter of Fiscal Year 2024 (Downing)

Recommendation: No action recommended; for information only.

Presenting staff:

Jorge Garcia, City Manager

Action: No action.

Item 9.G: Purchase of New Fire Department Administration Vehicle (Fine)

Recommendation: Adopt a Resolution authorizing the purchase of one replacement Fire Department Administration vehicle FD181 in the amount of $64,653.13 in Fiscal Year 2024.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, City Manager
Paul Lee, Battalion Chief

9.A-20
Attachment 2
Council Agenda 11-7-2023
Packet Page 21

Action: Adopt a Resolution authorizing the purchase of one replacement Fire Department Administration vehicle FD181 in the amount of $64,653.13 in Fiscal Year 2024.

Motion: Guthrie
Second: Inman
Vote: The motion passed on the following vote:

Ayes: 4 Guthrie, Inman, Newton, Reiss
Noes: 0

Absent: 1 Waage
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-075 adopted.

12.BUSINESS ITEMS
This item was reordered.

Item 12.A: Authorizing and Directing the Redemption of all Outstanding 2012 Wastewater Refunding Revenue Bonds, and Authorizing Certain Actions in Connection Therewith
and
Approving the Redemption of 2012 Wastewater Refunding Revenue Bonds and Authorizing Certain Actions Related Thereto (Feeser) Recommendation:

1.Adopt a Resolution of the City Council of the City of Pismo Beach authorizing and directing the redemption of all outstanding 2012 Wastewater Refunding Revenue bonds, and authorizing certain actions in connection therewith; and

2.Adopt a Resolution of the Board of Directors of the Pismo Beach Public Financing Authority approving the redemption of 2012 Wastewater Refunding Revenue bonds and authorizing certain actions related thereto.

Presenting staff:

Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager
Call for public comment:

Rik Grencik commented.

9.A-21
Attachment 2
Council Agenda 11-7-2023
Packet Page 22

Motion: Guthrie
Second: Newton

Vote: The motion passed on the following vote:

Ayes: 4 Guthrie, Newton, Inman, Reiss
Noes: 0

Absent: 1 Waage
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2023-078 adopted.

Motion: Inman
Second: Guthrie

Vote: The motion passed on the following vote:

Ayes: 4 Inman, Guthrie, Newton, Reiss
Noes: 0

Absent: 1 Waage
Abstain: 0
Recused: 0

Legislative Record: Resolution PFA-R-2023-003 adopted.

This item was reordered.

Item 12.B: Pismo Beach Parking Management Plan (Downing)

Recommendation: Adopt a Resolution adopting the 2023 Pismo Beach Parking Management Plan.

Presenting staff:

Matt Downing, Community Development Director
Jorge Garcia, City Manager
Cory Hanh, Planning Manager

Call for public comment: No comment.

9.A-22
Attachment 2
Council Agenda 11-7-2023
Packet Page 23

Action: Adopt a Resolution adopting the 2023 Pismo Beach Parking Management Plan.

Motion: Guthrie
Second: Inman

Vote: The motion passed on the following vote:

Ayes: 4 Guthrie, Inman, Newton, Reiss
Noes: 0

Absent: 1 Waage
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2023-079 adopted.

11. PUBLIC HEARINGS

Item 11.A: Resolution Adopting New Water and Wastewater Fees for Fiscal Years 2024 Through 2028, Effective on January 1, 2024 (Feeser)

Recommendation:

1. Hold a public hearing; receive input and written protests, if any, from the public on the proposed changes to water and wastewater rates; and

If protests are received for less than a majority of eligible parcels:

2. Adopt a Resolution adopting new water and wastewater fees for Fiscal Years 2024 through 2028, effective on January 1, 2024.

Presenting staff:

Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager
Erica Inderlied, City Clerk

Public Hearing / Call for public comment:

Rik Grencik commented.

The public hearing was closed.

Action: Adopt a Resolution adopting new water and wastewater fees for Fiscal Years 2024 through 2028, effective on January 1, 2024.

9.A-23
Attachment 2
Council Agenda 11-7-2023
Packet Page 24

Motion: Inman
Second: Guthrie

Vote: The motion passed on the following vote:

Ayes: 3 Inman, Guthrie, Reiss
Noes: 1 Newton

Absent: 1 Waage
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2023-080 adopted.

12. BUSINESS ITEMS

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

Item 12.B: Pismo Beach Parking Management Plan (Downing)

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

Item 12.C: Public Safety Facility Project Budget (Feeser)

Recommendation:

Presenting staff:

Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager

Call for public comment: No comment.

9.A-24
Attachment 2
Council Agenda 11-7-2023
Packet Page 25

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

Ayes: 4 Guthrie, Newton, Inman, Reiss
Noes: 0

Absent: 1 Waage
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-081 adopted.

13.CITY COUNCIL COMMENTS AND REQUESTS
No requests.

14.ADJOURNMENT
At 6:47 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

9.A-25
Attachment 2
Council Agenda 11-7-2023
Packet Page 26

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B

SUBJECT/TITLE:

PAYROLL REGISTER AND REGISTER OF DEMANDS
RECOMMENDATION:

1. Approve the Summary of Payroll Register for October 8, 2023;

2. Approve the Register of Demands for October 6, 2023 and October 13, 2023.

BACKGROUND:

Attached are the Summary of Payroll Register(s) and Register(s) of Demands (Check Registers) noted above, provided for Council approval.

FISCAL IMPACT:

As demonstrated in the attached payroll and check registers.

ALTERNATIVES:

1. Request additional information from staff.

ATTACHMENTS:

1. Payroll Summary

2. Registers of Demands
Submitted by: Meeting Date: November 7, 2023
Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

9.B-1Council Agenda 11-7-2023
Packet Page 27

FOR PERIOD ENDING 10/08/23
CHECKS DATED 10/13/23
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557041‐557044 4
ACH 130

EARNINGS
REGULAR 374,287.67
HOLIDAY 4,961.21
OVERTIME (Includes Comp Time Payouts)17,047.55
Administration 127.11
Building
Conference & Visitors Bureau
Police Department 9,237.23
Parking
Engineering
Fire
Recreation
Public Works 2,780.61
Water 2,282.11
Wastewater 2,620.49
Motor Vehicles
Subtotal‐Overtime 17,047.55$
SALARY ADJUSTMENTS 796.24
TRAINING / UNIFORM ALLOWANCE
OTHER EARNINGS 16,837.31
$413,929.98
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 40,382.82
FICA & MEDICARE 29,494.28
STATE INCOME TAX 14,461.04
STATE DISABILITY INSURANCE 3,272.60
GARNISHMENTS 461.53
HEALTH 1,855.76
SUPPLEMENTAL DISABILITY 1,341.75
SECTION 125 2,698.24
PERS 34,358.48
DEFERRED COMPENSATION 11,778.27
ADDITIONAL LIFE INSURANCE 296.42
UNION DUES 2,284.92
PISMO ATHLETIC CLUB 275.00
OTHER
NET PAYROLL $270,968.87
DIRECT DEPOSIT DEDUCTION 267,067.97
NET PAYROLL AFTER ACH DEPOSIT 3,900.90
SUMMARY PAYROLL REGISTER

9.B-2Council Agenda 11-7-2023
Attachment 1
Packet Page 28

City of Pismo Beach
Final Disbursement List Check Date 10/06/2023
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
ACH 11224 Richards, Watson, Gershon Attorneys At Law 10/06/2023 4,933.00$ Legal Fees ‐ August 2023 ACH 12944 Leaf 10/06/2023 1,231.19 Monthly Copier Lease Aug 2023 127421 10434 Abalone Coast Analytical Inc 10/06/2023 288.00 Water Analysis 127422 10446 Achievement House, Inc. 10/06/2023 15,229.55 Sidewalk Cleaning/Pressure Washing/Beach Litter Removal ‐ August 2023 127423 11195 Air Pollution Control District‐SLO County 10/06/2023 7,454.64 APCD Permit Renewal Fees 127424 12275 Airgas West Inc 10/06/2023 45.18 Oxygen ‐ Fire ‐ Sept 2023 127425 14620 ALDSLO LLC 10/06/2023 650.00 Complete Leak Detection ‐ 1410 Bello St 127426 11365 American Legal Publishing Corporation 10/06/2023 16.81 Ordinance Codification 127427 11382 Applied Technology Group, Inc. 10/06/2023 525.00 Vehicle Maintenance 127428 11589 Austin's Wet Pets and Pond Maintenance, Inc 10/06/2023 140.00 Chapman Pond Maintenance ‐ September 2023 127429 12261 B & B Overhead Door Co., Inc. 10/06/2023 5,800.00 Roll‐up Garage Door at Corp Yard 127430 14229 Brendler Janitorial Service 10/06/2023 240.00 PBVH Event Rental Cleaning September 2023 127431 11392 Brenntag Pacific Inc. 10/06/2023 812.87 Sodium Bisulfite 127432 10028 Brisco Mill & Lumber Yard 10/06/2023 25.84 Maintenance Supplies 127433 12098 Burke & Pace Lumber of Arroyo Grande 10/06/2023 138.84 Maintenance Supplies 127434 13852 California Diesel & RV LLC 10/06/2023 75.00 Vehicle Maintenance 127435 12610 CalPortland Construction 10/06/2023 1,168.84 Slurry for fire hydrant repair ‐ 343 Palomar 127436 10085 Cannon Associates 10/06/2023 110,267.61 Paving Project CM/Ocean Blvd CM/Cliff Ave & Ocean Blvd/Storm Damage Sites FEMA Support ‐ Aug 2023 127437 14027 Central Coast Landscape Products, Inc. 10/06/2023 105.70 Parks Maintenance 127438 13951 Central Coast Portables 10/06/2023 688.80 Portable Restrooms ‐ Tennis Courts ‐ 8/19/23 ‐ 9/16/23 & Price House ‐ 8/5/23 ‐ 9/2/23 127439 14665 Central Coast Specialty, Inc. 10/06/2023 2,958.00 CPL Restroom Stall Door Replacements 127440 13105 Chapman Foundation 10/06/2023 480.00 Docent Tour Fees August 2023 127441 11694 City of Grover Beach 10/06/2023 78,282.24 0 Calvin Court Grover Beach purchase for CCB ‐ Pismo Beach 39% 127442 14382 CleanStreet, LLC 10/06/2023 13,662.62 Street Sweeping Services ‐ August 2023 127443 11231 Coastal Peaks Coffee 10/06/2023 52.00 Coffee 127444 14672 Steve Consorti 10/06/2023 4,000.00 Release encroachment permit bond ‐ 940 Stratford 127445 14668 Givseppina Conte 10/06/2023 250.00 Deposit Refund ‐ DCP Event 9/17/23 127446 14202 Crisp Imaging 10/06/2023 127.77 Banners for Parks Project 127447 13386 Cuesta Polygraph & Investigations, LLC. 10/06/2023 1,800.00 Pre‐Employment Polygraphs 127448 11986 Culligan/Central Coast Water 10/06/2023 95.00 Soft Water Tank Rental ‐ October 2023 127449 14217 Deltina Coffee Roasters 10/06/2023 125.00 Coffee 127450 12751 DL Carton Construction 10/06/2023 1,500.00 Release Encroachment Permit Bond ‐ 950 Taft 127451 14473 DXP Enterprises, Inc. 10/06/2023 2,447.41 Horizon 90pt tablets 127452 14452 E&M Electric & Machinery, Inc 10/06/2023 12,004.50 SCADA Server Upgrade 127453 14393 Eclipse DOT, Inc. 10/06/2023 3,750.00 Reg: ELDT Class B 2‐Day Training 127454 14383 Ellison Schneider Harris & Donlan LLP 10/06/2023 897.00 Water Counsel Services ‐ August 2023 127455 12541 Engel & Gray Inc 10/06/2023 9,737.44 Composting Biosolids ‐ August 2023 127456 12123 Farm Supply 10/06/2023 157.51 Maintenance Supplies 127457 12589 Ferguson Enterprises, Inc. 10/06/2023 587.27 Distribution Maintenance 127458 13669 Frontal Security Services of California 10/06/2023 770.00 Security ‐ PBVH Event 9/23/23, 9/24/23, 9/30/23 127459 10797 Geosolutions, Inc. 10/06/2023 6,250.00 N Shell Beach Rd Storm Drain ‐ Apr 2023 127460 10732 Granite Construction Company 10/06/2023 1,508.50 Streets Maintenance 127461 11487 Hamner, Jewell And Associates 10/06/2023 1,262.06 Cliff Ave & Ocean Blvd RW/ Acquisition Services ‐ Aug 2023 127462 10149 Heacock Trailers & Truck 10/06/2023 2,289.13 WWTP Maintenance 127463 12653 Dan Herlihy 10/06/2023 325.00 M&IE: IACP Conference 10/13‐10/17/23 127464 14671 Leslie Huitron 10/06/2023 250.00 Deposit Refund: DCP Event 9/30/23 127465 14669 Luis Ignacio 10/06/2023 500.00 Deposit Refund: PBVH 9/23/23 127466 12255 Iron Mountain Information Mgmt, Inc 10/06/2023 67.64 Shredding Services City Hall ‐ September 2023 127467 11833 Keylock Security Specialists 10/06/2023 34.99 Facilities Maintenance 127468 10175 Life‐Assist, Inc. 10/06/2023 1,958.30 Medical supplies 127469 14577 LK Graphics 10/06/2023 103.32 Nameplate and Nametag ‐ City Manager 127470 10097 Miners Hardware 10/06/2023 800.42 Maintenance Supplies 127471 10039 New Times 10/06/2023 586.00 Legal Advertising 127472 14343 ODP Business Solutions, LLC 10/06/2023 61.52 Office Supplies 127473 10728 Oilfield Environmental & Compliance, Inc. 10/06/2023 6,055.50 Lab Analysis July & August 2023 127474 12036 Erin Olsen 10/06/2023 187.33 Mileage: MMASC Bridge Symposium 10/12/23 127475 11337 Perry's Electric Motor & Controls, Inc. 10/06/2023 10,360.62 Pump Repair 127476 14550 Phillco 10/06/2023 109.90 Soft Water ‐ Station 64 Oct 2023 127477 12453 Polydyne, Inc. 10/06/2023 4,232.36 Clarifloc WE‐1329 127478 12335 Procare Janitorial Supply Inc 10/06/2023 2,144.77 Janitorial Supplies 127479 13898 Quadient, Inc. 10/06/2023 493.20 Neopost Postage Lease 7/16/23 ‐10/15/23 127480 13255 Rib Line 10/06/2023 636.19 Catering: Neighborhood Event Boosinger Park 10/6/23 127481 13201 Rincon Consultants, Inc. 10/06/2023 5,597.25 EIR Central Coast Blue ‐ Aug 2023 127482 14670 Lisa Robertson 10/06/2023 390.00 Refund: Cleaning Deposit Chapman Event 9/23/23 127483 14664 S&P Global Inc. 10/06/2023 30,000.00 S&P Preliminary Credit Rating for CCB WIFIA loan 127484 14338 Robert Santa Cruz 10/06/2023 800.00 Music for Neighborhood Event Boosinger Park ‐ 10/6/23 127485 14557 Securitas Technology Corporation 10/06/2023 2,026.43 Monthly & Quarterly Security & Fire Monitoring ‐ City Facilities Oct 2023/Qtr 4 127486 11168 Sherwin‐Williams 10/06/2023 906.49 Maintenance Supplies 127487 13913 Silvas Oil Co., Inc 10/06/2023 9,956.27 Diesel & Unleaded Fuel Deliveries 9/15/23 127488 14673 Janice Smith 10/06/2023 200.00 Refund: Deposit DCP Event 5/24/24 ‐ Cancellation 127489 14099 Jeffrey Smith 10/06/2023 325.00 M&IE: IACP Conference 10/13‐10/17/23 127490 11412 Jennifer Franco Smith 10/06/2023 450.00 Portable Restrooms ‐ Chapman ‐ September 2023 127491 12630 SWCA Environmental Consultants 10/06/2023 1,108.64 Wadsworth Archaeological Monitoring ‐ Aug 2023 127492 12078 Jason Takagi 10/06/2023 225.00 M&IE: MISAC Conference 2023 9/23‐9/27/23 127493 13530 TCA Tools Inc 10/06/2023 1,163.70 Maintenance Supplies 127494 11549 Tech Time Communications 10/06/2023 168.00 Quarterly Alarm Monitoring ‐ Sta 63 4th Qtr 2023 127495 14440 The Top Shop 10/06/2023 272.05 Uniform Embroidery 127496 12991 TransUnion Risk and Alternative 10/06/2023 150.00 Investigative Services‐ Sept 2023 127497 12622 USA Bluebook Acct: 82507 10/06/2023 568.33 WWTP Lab Supplies 127498 14115 Vanir Construction Mgmt, Inc. 10/06/2023 14,886.48 Owner's Rep & CM‐ Design‐Build Safety Facility ‐ August 2023 127499 12527 Water Systems Consulting Inc 10/06/2023 138,080.79 New Groundwater Production Well/CCB ‐ Program Mgmt‐Permitting & Final Design ‐ Aug 2023 127500 12155 Western Microscope 10/06/2023 44.79 WWTP Lab Supplies 127501 12132 White Flag Pest Control Inc 10/06/2023 926.00 Pest Control Total:531,982.60$

9.B-3Council Agenda 11-7-2023
Attachment 2
Packet Page 29

City of Pismo Beach
Final Disbursement List Check Date 10/13/2023
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
ACH 10002 Internal Revenue Service 10/13/2023 99,371.38$ Federal Income Tax PD 10/13/23 ACH 11224 Richards, Watson, Gershon Attorneys At Law 10/13/2023 24,243.51 Professional Legal Services ‐ Aug 2023 ACH 11305 Public Employees Retirement System 10/13/2023 72,121.01 PERS Retirement from Springbrook EE &ER PD 10/13/23 ACH 12260 dba: Mission Square ICMA Retirement Trust ‐ 457 10/13/2023 24,272.48 ICMA 457 Deferred Comp EE & ER PD 10/13/23 ACH 12305 Franchise Tax Board 10/13/2023 17,693.69 State Income Tax & SDI PD 10/13/23 ACH 12360 CalPERS 457 Plan 10/13/2023 291.67 PERS 457 Deferred Comp ER PD 10/13/23 ACH 12708 dba: Mission Square ICMA Retirement Trust‐Roth IRA 10/13/2023 550.00 ICMA Roth IRA PD 10/13/23 ACH 13455 Wex 10/13/2023 508.23 Fuel for City Vehicles 09/07/23 ‐ 10/06/23 ACH 14547 Quadient, Inc ‐ Postage 10/13/2023 2,100.00 Postage Sept 2023 127502 10434 Abalone Coast Analytical Inc 10/13/2023 216.00 Water Analysis 127503 14302 Donald C. Allcock 10/13/2023 50.00 PRBC 2nd & 3rd Qtr 2023 Stipend 127504 12433 Alpha Electrical Service Inc 10/13/2023 322.00 Collections Maintenance 127505 14544 Jack Armstrong 10/13/2023 284.11 Reimb: AWC Collections Systems Exam Prep Grade 2 & DMV Fees for Hazmat 127506 13296 Michael James Arriola 10/13/2023 1,500.00 Clam Festival Band 127507 11096 Arroyo Grande Chevrolet 10/13/2023 502.07 Vehicle Maintenance 127508 10295 B & B Steel & Supply 10/13/2023 791.16 WWTP & Collections Maintenance 127509 14432 Blue‐White Industries 10/13/2023 2,150.19 Collections Maintenance 127510 14119 Boone Printing & Graphics, Inc. 10/13/2023 72.30 Business Cards 127511 UB*01040 DEBBIE BOWERS (T) 10/13/2023 15.73 Refund Check 007016‐000, 921 TAFT 127512 10074 Burdine Printing 10/13/2023 196.04 Central Coast Blue Mailer 127513 14476 Burt Industrial Supply, Inc 10/13/2023 11.51 Water Supplies 127514 14414 California State Disbursement Unit 10/13/2023 461.53 Tax Withholding Order PD 10/13/23 127515 12610 CalPortland Construction 10/13/2023 1,589.31 WWTP Garey Fill sand & Truck Rental 127516 10269 Carquest Auto Parts 10/13/2023 575.04 Vehicle Maintenance 127517 10799 Lindsay Carter Coates 10/13/2023 300.00 Instructor: Yoga with Lindsay 9/6‐9/27/23 #11330 127518 14571 Central Coast Blue Regional Recycled Water Auth. 10/13/2023 5,462.00 FY 2023 JPA Year‐End Adjustment 127519 13531 Central Coast Party Factory LLC 10/13/2023 7,175.00 Kids Zone Bounce Houses at Clam Festival 127520 11451 Channel Islands Technology Integrators' Group 10/13/2023 7,174.57 IT Professional Services 127521 14247 Coastal Tree Experts, Inc. 10/13/2023 1,500.00 Tree Maintenance 127522 14445 Consor North America, Inc. 10/13/2023 21,778.12 Bello/Price Canyon Signal ‐ Jul/Aug 2023 127523 14146 Pamela Ann Coslick 10/13/2023 88.00 Instructor: Tae Kwon Do 9/6‐9/27/23 #11328 127524 14313 Culligan/Santa Maria 10/13/2023 562.12 Drinking Water Sept 2023 127525 14179 Deckard Technologies, Inc. 10/13/2023 16,000.00 RentalScape Monitoring 127526 12307 Department Of Justice 10/13/2023 520.00 Livescan Services‐ June 2023 127527 13086 Dependable Fire Protection 10/13/2023 288.26 Fire Extinguisher Service 127528 13675 Michael Drew Devine 10/13/2023 25.00 PRBC 3rd Qtr 2023 Stipend 127529 10746 Electricraft Inc. 10/13/2023 329.59 WWTP Maintenance 127530 13586 Famcon Pipe & Supply Inc. 10/13/2023 1,622.72 Distribution Maintenance 127531 10575 Colleen Ghiglia 10/13/2023 376.55 Mileage/M&IE: CJPIA Leadership Workshop 10/11‐10/12/23 127532 10398 Liliana Graham 10/13/2023 160.00 Instructor: Ballroom/Latin Dance 9/11‐9/18/23 #11270 127533 10751 Haaker Equipment Company 10/13/2023 802.53 Pier Maintenance 127534 10806 Hach Company 10/13/2023 701.46 WWTP Lab Supplies 127535 14675 Brian Hill 10/13/2023 500.00 Clam Festival Band 127536 10760 Johnboy's Towing 10/13/2023 125.00 Towing Services 127537 14676 Christopher Jones 10/13/2023 1,700.00 Clam Festival Band 127538 14677 Knecht's Plumbing and Heating, Inc. 10/13/2023 230.00 Service Call for Suite A‐1 A/C 127539 14277 Kyle Laughlin 10/13/2023 296.00 M&IE: Firearms Instructor Course 10/22 ‐ 10/26/23 127540 14042 Merjan Enterprises, Inc. 10/13/2023 508.78 AMAG Cards 127541 10097 Miners Hardware 10/13/2023 113.32 Maintenance Supplies 127542 14405 Mission Linen Supply 10/13/2023 2,762.54 Uniforms/Rugs/Towels/Floor Mats ‐ Sept 2023 127543 11172 Mullahey Ford 10/13/2023 1,149.62 Vehicle Maintenance 127544 10039 New Times 10/13/2023 515.00 Recreation Advertisement 127545 11119 Sandra Nielsen 10/13/2023 50.00 PRBC 2nd & 3rd Qtr 2023 Stipend 127546 12199 Noble Saw, Inc 10/13/2023 543.35 Equipment Maintenance 127547 14343 ODP Business Solutions, LLC 10/13/2023 1,193.16 Office Supplies 127548 11226 Bonnie Pack 10/13/2023 108.00 M&IE: CJPIA Leadership Workshop 10/11‐10/12/23 127549 14661 Nataly Lola Plotner 10/13/2023 500.00 Clam Festival Band 127550 12022 Pismo Beach Police Officer's Association 10/13/2023 1,375.92 POA Dues PD 10/13/23 127551 12335 Procare Janitorial Supply Inc 10/13/2023 1,168.20 Janitorial Supplies 127552 14354 Gerald D. Purify Jr 10/13/2023 1,200.00 Clam Festival Band 127553 13201 Rincon Consultants, Inc. 10/13/2023 1,083.73 Consultant for EIR for GP/LCP August 2023 127554 14041 Patrick Rockwood 10/13/2023 296.00 M&IE: Firearms Instructor Course 10/22 ‐ 10/26/23 127555 10904 Ron Rodriguez 10/13/2023 50.00 PRBC 2nd & 3rd Qtr 2023 Stipend 127556 11796 San Luis Powerhouse, Inc. 10/13/2023 7,051.84 Annual Generator Service 127557 14190 Santa Ynez Valley Elite Event Party Rentals 10/13/2023 5,268.35 Clam Festival Rentals 127558 13994 SBRK Finance Holdings, Inc. 10/13/2023 2,254.00 CivicPay IVR Transaction Fees Sept 2023 & FLSA PR Professional Services ‐ Aug 2023 127559 14557 Securitas Technology Corporation 10/13/2023 541.25 Service Call Sept 2023 127560 11208 SEIU Local 620 AFL/CIO 10/13/2023 909.00 SEIU Dues PD 10/13/23 127561 10913 Siteone Landscape Supply LLC 10/13/2023 334.69 Parks Maintenance 127562 10532 SLO County Sheriff‐Coroner 10/13/2023 108.00 Drug Testing June 2023 127563 14440 The Top Shop 10/13/2023 837.38 Uniform Hats 127564 UB*01039 HUDAD TOLLOUI (T) 10/13/2023 30.63 Refund Check 018546‐000, 369 HINDS #B 127565 11165 Tri County Office Furniture 10/13/2023 329.02 Office Furniture for HR Officer 127566 12622 USA Bluebook Acct: 82507 10/13/2023 802.38 WWTP Lab Supplies 127567 12132 White Flag Pest Control Inc 10/13/2023 75.00 Pest Control 127568 13491 Wilmington Trust, National Association 10/13/2023 2,000.00 Trustee Fees for 2017 Pier Bonds FY 23 127569 13372 Stephanie Wilson 10/13/2023 613.48 Mileage / M&IE: CALBO 10/22 ‐ 10/26/23 127570 14687 Joanne Currie 10/13/2023 300.00 Clam Chowder Cook‐Off Participation 127571 14678 Rosa's Italian Restaurant 10/13/2023 300.00 Clam Chowder Cook‐Off Participation 127572 13784 Caitlyn Vassaur Salazar 10/13/2023 800.00 Band for Clam Festival 10/21/23 127573 13390 SCM Pismo Beach Hotel LLC 10/13/2023 300.00 Clam Chowder Cook‐Off Participation 127574 14686 SeaVenture Resort, LLC 10/13/2023 300.00 Clam Chowder Cook‐Off Participation 127575 14685 Shri Madhu LLC 10/13/2023 300.00 Clam Chowder Cook‐Off Participation 127576 14684 The PB Break Inc. 10/13/2023 300.00 Clam Chowder Cook‐Off Participation 127577 14488 VBP Operating Co., LLC 10/13/2023 300.00 Clam Chowder Cook‐Off Participation Total:354,278.52$

9.B-4Council Agenda 11-7-2023
Attachment 2
Packet Page 30

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

MONTHLY INVESTMENT TRANSACTION REPORT OF THE CITY’S CASH AND INVESTMENTS FOR SEPTEMBER 2023 OF FY 2024
RECOMMENDATION:

No action recommended; for information only.

BACKGROUND:

This report updates the City Council on the City of Pismo Beach’s monthly transactions of the City’s investment portfolio for the month ending September 30, 2023. California State Government Code Section 53607 states that if the authority of the legislative body to invest or reinvest funds for the City is delegated to the City Treasurer, the City Treasurer shall make a monthly report of those transactions to the legislative body.

The attached report includes all transactions of the City’s investments managed by the City, including funds invested in various securities and the City’s pooled funds invested in various financial instruments.
Attachment 1 provides a summary of the City’s cash, investments, and monthly interest earnings based on book value as of September 30, 2023. Attachment 2 provides details on the investment transactions for the General Fund Reserve and City Pooled Funds A (for deferred capital projects), including: purchases or deposits; sales, maturities, calls or withdrawals; and interest earnings. Attachment 3 provides details of the monthly transactions by fund for City Pooled Funds B (for current year expenditures) for the month ending September 30, 2023.

FISCAL IMPACT:

No fiscal impact from the report itself—information only.

ALTERNATIVES:

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

ATTACHMENTS:

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

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

3. For City Pooled Funds B—Summary of monthly transactions by fund Prepared by: Vanessa Garris, Finance Manager Meeting Date: November 7, 2023 Submitted by: Nadia Feeser, Administrative Service Director / City Treasurer City Manager Approval:

9.C-1Council Agenda 11-7-2023
Packet Page 31

City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned
September 2023
Actual Year-to-
Date Interest
Earned Ending
9/30/2023 * Data Sources
General Fund
Reserves
US Bank CDs/GASs/Corp/
Muni Bonds

2.17% avg 7,903,980 11,247$ 28,675$ 1
City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note

3.37% avg 42,903,978 113,208 308,041 1
Total All Securities 50,807,958$ 124,455$ 336,716$ City Pooled Funds - B US Bank Custody 0.00%310,291$ 153$ 703$ 1 City Pooled Funds - B Local Agency Invest.

Fund
State Investment
Pool

3.59%14,750,922 133,009 133,009 2
City Pooled Funds - B US Bank Checking 0.00%12,750,236 1,462 4,466 3 City Pooled Funds - B 27,811,450$ 134,623$ 138,177$ City Pooled Funds total A + B 70,715,428$ 247,832$ 446,218$ Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 Pier Project 383$ 2$ 5$ 4
Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 CREB's
Project
517 2 6 4
CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit
Trust Account
Various managed
by CalPERS
4,638,943$ (187,876)$ (187,876)$ 5 TOTAL, Cash and Investments at September 30, 2023:83,259,252$ 71,206$ 287,029$ TOTAL for City Managed Portfolio, Cash and Investments:78,619,408$ 259,078$ 474,894$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund 3 = Monthly reconciled bank statement from US Bank
4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments

9.C-2Council Agenda 11-7-2023
Attachment 1
Packet Page 32

CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
September 30, 2023

INVESTMENT ACTIVITY

PURCHASES OR DEPOSITS
09/07/23 Purchase US Treasury Bill 2,998,733$
09/15/23 Purchase Synchrony Bank 245,000
09/21/23 Purchase First National Bank America 245,000
09/26/23 Purchase Greenstate Credit Union 245,000
09/29/23 Purchase Empower Federal Credit Union 245,000
Total 3,978,733$

SALES, MATURITIES, CALLS OR WITHDRAWALS
09/07/23 Matured US Treasury Bill 2,939,417$
09/11/23 Matured Direct Federal Credit Union 245,000
09/22/23 Matured California Credit Union 245,000
09/27/23 Matured Knoxville TVA Employees Credit Union 245,000 09/29/23 Matured Quorum Federal Credit Union 245,000
Total 3,919,417$
ACTIVITY TOTAL 59,316$

INTEREST REVENUE

GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 11,247$

POOLED INVESTMENTS
Interest Earned on Investments 113,208$
TOTAL INTEREST EARNED 124,455$
Data Source: Monthly Download of Transactions from US Bank

9.C-3Council Agenda 11-7-2023
Attachment 2
Packet Page 33

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 9/30/2023 Bank Account Description Bank ID
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Checking US Bank 11,296,748$ 4,984,517$ (3,286,028)$ -$ (245,000)$ 12,750,236$ LAIF LAIF 14,750,922 -- - - 14,750,922
Total all Bank Accounts 26,047,670$ 4,984,517$ (3,286,028)$ -$ (245,000)$ 27,501,159$ Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Fund
General Fund 1001-10101 892,704 1,779,087 (1,937,583) - - 734,208 General Fund-Reserve 1001-10105 44,984 10,863 - - - 55,847 Half Cent Sales Tax Fund 1002 2,004,521 170,098 - - - 2,174,619 Special Revenue Funds
Gas Tax Fund 2001 231,918 (151,508) - - - 80,411 LTF - Streets 2002 476,576 (174,738) (2,131) - - 299,706 PEG Access Fund 2003 76,576 87 - - - 76,663
Police Grant Fund 2004 (4,088) 738 - - - (3,351) Housing In Lieu Fund 2005 413,992 7,015 - - - 421,006 LBID Fund 2006 1,654,687 315,202 (58,656) - - 1,911,233 Chapman House 2007 78,459 144,896 (137,551) - - 85,804 Capital Projects Funds
Capital Projects Fund 3001 639,010 490,336 (475,091) - - 654,255 Public Facilities Fund 3002 877 4 - - - 881
Park Development Fund 3003 362,620 (3,385) - - - 359,235 Circulation Fund 3101 309,790 1,427 - - - 311,218 Development Impact Fee Fund 3102 548,409 3,389 - - - 551,798 Developer Impact Fee Fund 3103 166,885 791 - - - 167,676 Underground Utility Fund 3201 16,499 78 - - - 16,577

9.C-4Council Agenda 11-7-2023
Attachment 3
Packet Page 34

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 9/30/2023 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
Debt Service Funds
Public Finance Authority Fund 4001 - - - - - - Public Finance Authority Fund 4002 - - - - - - Freeway Foothills AD Fund 4101 763 4 - - - 767
Spyglass AD Fund 4102 12,708 60 - - - 12,768
Indio-El Portal AD Fund 4112 738 4 - - - 742
Visalia Street AD Fund 4113 2,442 397 - - - 2,839 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 2,513,702 788,681 (185,646) - - 3,116,737 Water Construction Fund 6103 829,103 10,879 (7,578) - - 832,404 Water Expansion Fund 6104 849,757 3,900 - - - 853,657 Wastewater Enterprise Fund 6201 4,306,938 597,624 (253,924) - - 4,650,638 Wastewater Construction Fund 6202 1,398,829 6,349 - - - 1,405,178 Wastewater Expansion Fund 6203 1,957,802 9,068 - - - 1,966,870 LTF - Transit Fund 6301 28,202 134 - - - 28,336 Pier Operations Fund 6401 13,851 7,612 (5,364) - - 16,099 Parking Fund 6501 2,359,202 289,149 (67,363) - - 2,580,988 Internal Service Funds
Technology Service Fund 7101 60,868 116,097 (130,616) - - 46,348 Motor Vehicle Fund 7201 2,830,532 134,347 (49,795) - - 2,915,084 Trust & Agency Funds
SLO County TMD 8201 302,834 235,473 (303,526) - - 234,780 Control Funds
Payroll Control Fund 9301 392,047 280,048 107,022 - - 779,117 Interest Control Fund 9302 125,163 (120,698) - - - 4,466 Utility Billing Control Fund 9304 147,773 7,783 - - - 155,555 M/R Control Fund 9305 - - - - - -
Total all cash funds 26,047,670 4,961,292 (3,507,803) - - 27,501,159

9.C-5Council Agenda 11-7-2023
Attachment 3
Packet Page 35

INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 0 310,291 - - - 310,291 General Fund - CD's 1001-10404 6,115,440 (407)- - - 6,115,033 General Fund - Fed Agency 1001-10405 4,049,000 --- - 4,049,000 GF - Half Cent Sales Tax CD's 1002-10404 735,000 --- - 735,000 GF - Half Cent Sales Tax Fed Ag1002-10405 500,000 --- - 500,000 GF - Half Cent Sales Tax Mny M1002-10108 0 --- - 0 GF Reserve Money Mkt Cash 1001-10109 0 --- - 0
GF Reserve - CD's 1001-10403 3,182,560 407 - - - 3,182,967 GF Reserve - Fed Agency 1001-10402 2,208,000 --- - 2,208,000 GF Reserve - Building 1001-10406 202,000 --- - 202,000 GF Reserve - Building - Federal A1001-10146 298,000 --- - 298,000 GF Reserve - Risk Mgmt - CD's 1001-10407 150,000 --- - 150,000 GF Reserve - Risk Mgmt - Fed A 1001-10140 50,000 --- - 50,000 GF Corp Bond - Pooled 1001-10141 529,143 --- - 529,143 GF Corp Bond - Reserve 1001-10145 500,000 --- - 500,000 GF Municipal Bonds Pooled 1001-10142 902,883 --- - 902,883 GF Municipal Bonds Reserve 1001-10143 1,263,013 --- - 1,263,013 Risk Mgmt Muni Bonds Reserve 1001-10144 50,000 --- - 50,000 Half Cent Sales Tax - Pooled 1002-10141 - - - - - - Half Cent Sales Tax - Muni Bond 1002-10142 - - - - - - GF CREB's Fiscal Agent 1001-10515 (0)-- - - (0)
GF Treasury Note 1001-10410 12,970,548 59,316 - - - 13,029,864 Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 (0)-- - - (0) Housing In Lieu Fund 2005-10404 630,000 -- - - 630,000 Housing In-Lieu Fed Agencies 2005-10405 140,000 -- - - 140,000 Housing In-Lieu Treasury Note 2005-10410 936,230 -- - - 936,230 Capital Projects Funds
Park Develop. Fund Mny Mkt 3003-10108 - - - - - - Park Development Fund 3003-10404 - - - - - -
Park Develop Federal Agencies 3003-10405 - - - - - - Circulation Fees Mny Mkt 3101-10108 - - - - - - Circulation Fees 3101-10404 - - - - - -
Develop. Impact Fee Mny Mkt 3102-10108 0 - - - - 0 Development Impact Fee Fund 3102-10404 245,000 - - - - 245,000 Impact Fees Federal Agencies 3102-10405 - - - - - -

9.C-6Council Agenda 11-7-2023
Attachment 3
Packet Page 36

INVESTMENTS
Debt Service Funds
Public Fin Fiscal Agent-Pier 4002-10510 382 2 - - - 383 Public Fin Fiscal Agent-CREBs 4002-10515 515 2 - - - 517 Visalia Street CD's 4113-10404 100,000 - - - - 100,000 Enterprise Funds
Water Fund Money Mrkt Csh 6101-10108 0 - - - - 0 Water Fund CD's 6101-10404 490,000 - - - - 490,000 Wtr Fund Federal Agencies 6101-10405 2,155,000 - - - - 2,155,000 Wtr Fund Corp Bond - Pooled 6101-10141 - - - - - - Water Fund Treasury Note 6101-10410 1,015,796 - - - - 1,015,796 Water Construction Money Mkt 6103-10108 (0)-- - - (0) Water Construction 6103-10404 504,363 -- - - 504,363 Wastewater Fund Money Market 6201-10108 0 -- - - 0 Wastewater Fund CD's 6201-10404 490,000 -- - - 490,000 Wastewater Fund Fed Agencies 6201-10405 2,100,000 -- - - 2,100,000 WWtr Fund Corp Bond - Pooled 6201-10141 1,062,000 -- - - 1,062,000 WWtr Fund Treasury Note 6201-10410 1,015,796 -- - - 1,015,796 Parking Enterprise Money Mrkt 6501-10108 (0)-- - - (0) Parking Fund Corp Bond-Pooled 6501-10141 500,000 -- - - 500,000 Parking Enterprise 6501-10404 980,000 -- - - 980,000 Parking Fund Federal Agencies 6501-10405 1,750,000 -- - - 1,750,000 Parking Fund Treasury Note 6501-10410 902,872 -- - - 902,872 Internal Service Funds
MVR Fund Money Mrkt Csh 7201-10108 0 - - - - 0 MVR Fund CD's 7201-10404 1,526,000 - - - - 1,526,000 MVR Fund Federal Agencies 7201-10405 500,000 - - - - 500,000 CalPers Benefit Trust
OPEB Trust Account 8101-10408 4,827,849 (188,905) - - - 4,638,943 Total all Investments 55,577,387$ 180,706$ -$ -$ -$55,758,093$ Total all Funds 81,625,057$ 5,141,997$ (3,507,803)$ -$ -$83,259,252$

9.C-7Council Agenda 11-7-2023
Attachment 3
Packet Page 37

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

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

PROCLAMATIONS
RECOMMENDATION:

No action recommended; for information only.

BACKGROUND:

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

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

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

Staff took immediate cleanup and protective measures of the sites where possible and has been working with FEMA through the California Governor's Office of Emergency Services (CalOES) for reimbursement for work and funds required to cleanup and secure the various sites. Staff attended a Recovery Scoping Meeting with FEMA on January 18, 2023. Sites that were submitted to FEMA/CalOES include:
Section of bluff on Ocean Boulevard north of Margo Dodd Park between Seaview Avenue and Palisade Avenue
Section of failed bluff at intersection of Palisade Avenue and Ocean Avenue Pier Avenue Storm Drain Outfall
Council Agenda 11-7-2023 9.D-1
Packet Page 38

Eldwayen Park Point (area in park that includes telescope and public bench) Eldwayen Park North (section of park on north end adjacent to Ocean Boulevard Improvement Project)
Price Canyon Slope (section of recently completed slope repair) President Biden recently declared a disaster in California for the March 2023 storms. Staff is working with CalOES/FEMA to provide initial damage inventory and estimates. Sites that have recently been submitted include:
Bluff failure at Memory Park adjacent to recently completed St. Andrews seawall Destruction of newly revegetated area on creekbed
Summary of Current Events
Staff continues to work with FEMA through the California Governor's Office of Emergency Services (CalOES) for reimbursement for work and funds required to cleanup and secure the various sites from the January storm. After discussions with FEMA, it has been determined the March sites will not be moving forward.

January 12, 2017 Proclamation: Winter Storms
The Pismo Beach City Council declared a state of emergency on January 12, 2017, via Resolution R-2017-0121, in response to the January 2017 winter storms. Shortly after the Council’s declaration, the County of San Luis Obispo declared an emergency which was followed by a declaration by Governor Jerry Brown for the region. On February 14, 2020 and March 16, 2020 President Donald Trump declared a major disaster for the early and late January storms, making federal disaster aid available. The storms, which began the first week of January, took a toll on the community, culminating with a Caltrans storm drain failure on Highway 101, which caused flooding of two hotels on Price Street, blockage of the City’s Franklin storm drain outfall and debris scattered along Highway 101, Price Street and sidewalk, on Franklin Drive and various private parcels on January 20, 2017. Damage from the storms includes but is not limited to the following:
Bluff failure on Ocean Boulevard (Caltrans purview)
Bluff failure at Memory Park (FEMA purview)
Franklin Avenue storm drain failure (FEMA purview)
City Hall storm damage (FEMA purview)
Bluff failure at Ebb Tide Park (FEMA purview)
Bluff failure at Cypress Street at Harloe Avenue (FEMA purview) Storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort (FEMA purview)
Storm drain failure on Cliff Avenue at Ocean Boulevard (adjacent to Dinosaur Caves Park) (Caltrans Purview)
Storm drain failure at the end of Harbor View Avenue (FEMA purview) Slope/road failure on Price Canyon Road (Caltrans purview) 1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=107586&dbid=0&repo=Laserfiche Council Agenda 11-7-2023 9.D-2
Packet Page 39

Summary of Current Events
The consultant is moving forward with work to obtain right of way authorization for the Cliff Avenue and Ocean Boulevard site. Staff has submitted a time extension request to Caltrans Local Assistance and is waiting for their review and determination.

Construction of the Ocean Boulevard Improvement Project is complete and the Notice of Completion is scheduled for approval under a separate item at tonight’s meeting.

In early September 2023 received FEMA approval of the time extension request for the storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort. Staff has submitted a project scope update to CalOES/FEMA staff. If approved, staff will be able to request reimbursement for the permanent repairs that were completed in May 2023.

FISCAL IMPACT:

There is no direct fiscal impact from this report.

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

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

ALTERNATIVES:

None, for information only.

ATTACHMENTS:

None.

Prepared by: Meeting Date: November 7, 2023
Erin Olsen, Senior Management Analyst
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 11-7-2023 9.D-3
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.E
SUBJECT/TITLE:

FISCAL YEAR 2024 FIRST QUARTER FINANCIAL STATUS REPORT
RECOMMENDATION:

No action recommended; for information only.

EXECUTIVE SUMMARY:

This report updates the City Council on the status of Fiscal Year (FY) 2023-24 ending on June 30, 2024, or FY 2024, financial status based on actual revenues and expenditures during the first three months of the fiscal year.

Overall, the City of Pismo Beach’s funds are projected to be financially stable, with sufficient fund balances. The FY 2024 ending General Fund unassigned fund balance is projected to be $3.93 million, which is $13.05 million less than the FY 2023 ending unassigned fund balance. This decrease is largely due to the projected spending of various large capital projects, including $4.32 million for the Public Safety Facility project and $2.83 million for the current Paving Project, drawing down from the beginning unassigned fund balance.

For most of the City’s other funds, revenues and expenditures are projected to be on budget and the ending fund balances are in line with the FY 2025 Adopted Budget beginning fund balances. In all the funds, there are sufficient fund balances and projected revenues to cover projected expenditures.

It should be noted that the FY 2023 actual revenues and expenditures are not yet final as staff continues to confirm those amounts in the process of completing the City’s FY 2023 financial statements. As such, the FY 2023 projected beginning fund balances in this report are not yet final and may change in future reports to reflect the final minor adjustments.

The following sections provide details of the General Fund financial picture, followed by a summary and highlights of the City’s other funds.

I. General Fund Budget Summary
In summary, based on early projections from the first three months of the fiscal year, the General Fund is projected to end FY 2024 with a $3.93 million unassigned fund balance.

The FY 2024 projected $3.93 million unassigned fund balance is $562 thousand less than the FY 2023 Revised Budget. This decrease is attributable to $462 thousand fewer projected operating revenues compared to the Revised Budget and $100 thousand fewer projected one-time revenues compared to the Revised Budget.

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The unassigned fund balance is used to pay for future one-time investments included in the FY 2024 budget and in the 10-year Capital Improvement Plan.

In addition to the General Fund unassigned fund balance, the General Fund includes the Budget Stabilization Reserve set-aside of $2.00 million and a CalPERS Pre-Payment set- aside of $1.00 million.

Table 1 is a summary of the FY 2023 preliminary actuals and the FY 2024 General Fund revised budget, projected actuals, and a variance comparing the budget to projected actuals.

Table 1: FY 2024 General Fund Budget Summary
II. General Fund Beginning Fund Balance
The General Fund beginning fund balance is comprised of two different components:
The unassigned fund balance, which are funds that are not committed for any specific purpose and could be used for various one-time projects, and The committed or carryforward fund balance, which are funds that are committed for a specific budgeted use.

As illustrated in Table 2, the FY 2024 Adopted Budget General Fund beginning fund balance was projected to be $12.26 million. Based on changes during FY 2023 and carrying forward fund balance to cover previously budgeted but not-yet-spent expenditures, the preliminary estimated fund balance is revised to $25.03 million. This AB CD = C - B
($ thousands)
FY 2023
Actuals
FY 2024
Revised
Budget
FY 2024 Year-
End Projected
Actuals
Variance
(Actuals-
Budget)
Unassigned Fund Balance 8,469$ 19,236$ 19,236$ -$ Committed Fund Balance 17,259 5,798 5,798 -
a Beginning Fund Balance 25,727 25,034 25,034 -
b Operating Revenues 32,544 32,099 31,637 (462)
c Operating Expenditures 24,740 30,149 30,149 -
d = b - c Net Operating Surplus/(Deficit) 7,804 1,950 1,488 (462) e One-time Revenues 337 534 434 (100)
f One-time/Capital Expenditures 8,098 21,778 15,258 (6,520) g = a+d+e-f Ending Fund Balance 25,770$ 5,739$ 11,698$ 5,958$ Unassigned Fund Balance 16,976$ 4,489$ 3,928$ (562)$ Committed Fund Balance 5,798 - 6,520 6,520
Contribution to Reserves 996 (1,750) (1,750) -
Budget Stabilitation Set-Aside 2,000 2,000 2,000 -
CalPERS Pre-Payment Set-Aside 1,000 1,000 -

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includes $19.24 million of unassigned fund balance and $5.80 million of carryforward fund balances.

Table 2: FY 2024 General Fund, Beginning Fund Balance
(Preliminary Estimate)
III. General Fund Reserve
The City maintains various General Fund reserves totaling $5.95 million for emergency operations, building depreciation, and risk management. These reserves are crucial in order to avoid disrupting the City’s operations following unanticipated events. The reserves are shown in Table 3, followed by a summary of each reserve.

Table 3: General Fund Reserves
Reserve Amount ($ thousands)
General Fund 25% Reserve $5,199
City Building Reserve 500
Risk Management Reserve 250
Total $5,949
General Fund 25% Reserve
The City has adopted a fiscal policy to fund a General Fund Reserve of 25% of General Fund budgeted annual operating expenditures for FY 2024. The General Fund reserve should be equal to $7.36 million, which is 25% of the total FY 2024 budgeted annual operating expenditures of $29.42 million. On October 17, 2023, the City Council adopted Resolution R-2023-081 allocating $2.00 million of the General Fund Reserve to support the Public Safety Facility project. Currently, the General Fund Reserve is $5.20 million, which reflects $2.00 million already allocated to the Public Safety Facility project. Of this $5.20 million, $5.15 million is invested in various securities and $45 thousand is pending investment. This reserve allows the City to maintain its operations for a few months in the event that an emergency or disaster impacts the City’s finances, and can also be used for emerging opportunities. The City Treasurer will be investing an additional $250 thousand during FY 2024 and FY 2025 to get back to fully funding the General Fund Reserve over time.
($ thousands)
Adopted
Budget
Budget
Revisions Actuals
Unassigned Fund Balance 12,263$ 6,973$ 19,236$
Capital Funds Carryforward 5,114 5,114
Purchase Orders Carryforward 615 615
Prepayment Carryforward 69 69
Total Fund Balance 12,263$ 12,771$ 25,034$
$5,798
Carryforward

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City Building Reserve
The City Council created a City Building Reserve of $500 thousand, for the maintenance and upkeep of City facilities and buildings, particularly if funds are not available. This amount is equal to five years of annual depreciation on City-owned buildings.

Risk Management Reserve
The City Council established a Risk Management Reserve, contributing $50 thousand each year to the budget for unanticipated risk management costs. This reserve has a balance of $250 thousand, which is the maximum contribution level.

IV. General Fund Revenues
The FY 2024 Revised Budget revenues total $32.63 million. FY 2024 projected actual revenues are $32.07 million, or $562 thousand less than budget. Compared to the previous year, FY 2024 projected actual revenues are $810 million, or 2.5% less than FY 2023. This decrease over the prior year is largely due to a projected reduction of $775 thousand in Transient Occupancy Tax revenues compared to the previous fiscal year based. Table 4 summarizes the General Fund revenue budget and projected actual revenues for FY 2024, which is followed by a brief discussion of the top three FY 2024 projected actual sources of revenues.

Table 4: FY 2024 General Fund Revenue Budget and Projected Actuals

 Transient Occupancy Tax (TOT) revenues are projected to be $798 thousand less than budget and are projected to be $775 million, or 5.0%, less than the previous year’s TOT revenues. TOT revenues are generated by charging 11% of the rent for all lodging businesses that provide occupancy for a period of 30 consecutive days or A B C D = C - B E = C - A F = C/A-1
($ thousands)
Revenue Category
FY 2023
Actuals
FY 2024
Revised
Budget
FY 2024
Projected
Actuals
Variance
(Projected
Actuals -
Revised
Bdgt)
Variance
(FY24 Proj
Act - FY23
Actuals)
% Variance
(FY24 Proj
Act v FY23
Actuals)
Proj
Actual
% of
Total
Transient Occupancy Tax 15,481$ 15,505$ 14,707$ (798)$ (775)$ -5.0% 45.9% Property Related Taxes 7,046 7,009 7,071 62 25 0.4% 22.0% Sales and Use Tax 4,041 3,835 3,835 - (206) -5.1% 12.0% Other revenues 2,121 2,200 2,200 - 80 3.7% 6.9% Permits 1,336 1,241 1,336 95 - 0.0% 4.2% Departmental Revenues 865 893 893 - 28 3.3% 2.8% Franchise Taxes 800 698 800 103 - 0.0% 2.5% Business Tax 291 244 291 47 - 0.0% 0.9% Transfers In 140 140 140 - - 0.0% 0.4% Other Taxes 170 139 170 31 - 0.0% 0.5% Other Finan Sources 114 87 87 - (26) -23.1% 0.3% Intergovernmental Revenue 85 70 70 - (15) -17.8% 0.2% Grants 54 37 37 - (17) 0.0% 0.1% Total Operating Revenues 32,544$ 32,099$ 31,637$ (462)$ (907)$ -2.8% 98.6% One-time Revenues 337 534 434 (100) 97 28.8% 1.4% Total Revenues 32,880$ 32,632$ 32,071$ (562)$ (810)$ -2.5% 100.0%

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less. This decrease in TOT revenues reflects an average 4.5% decline in TOT revenues received in the first two months of the fiscal year and a projected 5.0% decrease for the year in FY 2024 compared to FY 2023. Staff projects another rainy winter with room rates at reduced rates and level occupancy. Chart 1 further illustrates FY 2024 TOT revenues collected in comparison to FY 2023.

Chart 1. TOT Revenues FY 2024 compared to FY 2023

Data obtained from Smith Travel Research Inc., a provider of competitive benchmarking, information services, and research to the hotel industry, indicates that the decrease in TOT revenues is largely due to a decrease in the average daily room rate and occupancy rates. On average, the average daily rate decreased by 5.8% during the first quarter of FY 2024, compared to the same period in FY 2023.

Additionally, occupancy rates decreased by 2.5% during the first quarter of FY 2024, compared to the same period in the previous fiscal year.

Based on these trends, staff projects that TOT revenues will reach $14.71 million, representing a $798 thousand shortfall from the budgeted amount, and a 5.0% decrease, or $775 thousand decrease, from the previous year's TOT revenues.

 Property-related tax revenues are projected to be $62 thousand greater than budget and $25 thousand, or 0.4%, greater than previous year’s property-related tax revenues. There are two sources of property-related tax revenues:
o Property Tax Assessed Value revenues: equivalent to 1% of assessed values o Property Tax In-Lieu of Vehicle License Fees: 1% tax on the market value of a registered vehicle.

Assessed value cannot increase by more than 2.0% per year per Section 2 of Article XIIIA of the California Constitution. However, the San Luis Obispo County Auditor- -
500,000
1,000,000
1,500,000
2,000,000
2,500,000
TO
T

A
m
o
u
n
t
FY 2024
FY 2023

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Controller’s office is projecting assessed values to increase by 1.0%, reflecting a slower rate of increase than in previous fiscal years.

 Sales and Use Tax revenues are projected to be equal to budget and $206 thousand, or 5.1%, less than the prior year. Sales and use tax revenues are made up of two sources:
o Bradley-Burns uniform sales and use tax, which is a 1.0% tax on taxable sales within the City.
o Public safety tax, which is a 0.5% tax on taxable sales for specified public safety purposes.

Based on actual sales tax received to date, the Bradley-Burns uniform sales and use tax is expected to be equal to budget, but $206 thousand less than the prior year.

Based on actual revenues received to date and projections from the City’s sales tax consultant, City staff estimates that Bradley-Burns sales and use tax revenues will be $3.71 million. This reflects a decline in both consumers due to projected decline in visitors and a reduction in consumption due to higher prices. Chart 2 illustrates sales tax revenues received in FY 2023 and FY 2024 by the month in which the sales tax was collected.

Chart 2. Bradley Burns Sales Tax Revenues FY 2024 compared to FY 2023 The public safety sales tax revenues are budgeted at $125 thousand in FY 2024 and are anticipated to be equal to budget. This FY 2024 projected amount is $3 thousand less than the FY 2023 public safety sales tax revenues.

In summary, sales and use tax revenues are projected to be equal to budget and $206 thousand, or 5.1%, less than the prior year.

$‐
$100,000
$200,000
$300,000
$400,000
$500,000
Sa
l
e
s
Ta
x
Am
o
u
n
t
Sales Tax 1.0% of taxable sales
FY 2023
FY 2024

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V. General Fund Expenditures
The FY 2024 Revised Budget expenditures total $51.93 million and projected actual expenditures total $45.41 million. Operating expenditures are projected to be equal to the Revised Budget based on first quarter expenditures. One-time capital costs are projected to be $6.52 million less than budget largely attributable to the timing of cash flow for the Paving project and the Public Safety Facility project that is anticipated to continue beyond FY 2024. These savings will be carried forward to next fiscal year and do not contribute to an increase in fund balance.

Total operating expenditures for the first quarter total should be about 25% of the budget, assuming the timing of expenditures is consistent throughout the year. This year, about 22% of the operating budget has been spent in the first quarter, while only 2% of the one- time capital expenditure budget has been spent in the first quarter. These one-time costs are dependent on the timing of construction of these projects. Table 5 provides details of actuals as a percentage of budget by expenditure category, followed by explanations of the large variances from the 25% mark.

Table 5. FY 2024 General Fund Expenditure Budget and Projected Actuals

Some operating costs that do not reflect consistent monthly spending include:
 Benefits, which includes retirement, health, and other benefits for employees. In order to take advantage of a 3% savings in CalPERS pension costs, the City prepaid the full year of its projected normal CalPERS pension costs. As such, the Benefits expenditure category reflects that 28% of the budget spent in the first quarter.  Contract Services, which reflects that 33% was spent in the first quarter. These costs reflect the prepayment of insurance costs in the first quarter.  Professional Services, which reflects that 16% was spent in the first quarter. These costs are based on the timing of work performed and are not set amounts per month.

A B C D = C/B E F = B - E
($ thousands)
Expenditure Category
FY 2022
Actuals
FY 2023
Revised
Budget
FY 2023
First Quarter
Actuals
First Quarter
Actuals % of
Budget
FY 2023
Projected
Actuals
Variance
(Revised
Bdgt -
Projected
Actuals)
Proj
Actual
% of
Total
Salaries & Wages 8,350$ 10,046$ 2,107$ 21% 10,046$ -$ 22.1% Benefits 5,144 5,580 1,559 28%5,580 - 12.3% Professional Services 4,342 4,834 765 16%4,834 - 10.6% Contract Services 2,805 3,735 1,219 33%3,735 - 8.2% Operations & Maintenance 1,367 1,577 290 18%1,577 - 3.5% Other Expenses 980 1,450 325 22%1,450 - 3.2% Other Financing Uses 143 1,128 87 8%1,128 - 2.5% Transfers Out 717 811 151 19%811 - 1.8% Retiree Medical Insurance 443 431 49 11%431 - 0.9% Debt Service 432 429 - 0%429 - 0.9% Total Operating Expenditures 24,740$ 30,149$ 6,552$ 22% 30,149$ -$ 66.4% One-time Capital Costs 8,098 21,778 336 2% 15,258 6,520 33.6% Total Expenditures 32,838$ 51,927$ 6,888$ 13% 45,407$ 6,520$ 100.0%

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Other Financing Uses, which includes a $1.00 million general contingency budget and reflects that only 8% of the budget has been spent in the first quarter. This budget is allocated over time based on unanticipated costs that come up throughout the year and are not a consistent allocation of expenditures.
Retiree Medical Insurance costs, which reflects that 11% of budget was spent in the first quarter. The monthly costs are payments to Retirees, but the majority of these payments are contributions to CalPERS for the actuarially determined contribution and are paid toward the end of the fiscal year.

VI. General Fund Contingency Budgets
General Contingency
The FY 2024 Adopted Budget included $1.00 million in the General Fund general contingency account that may be used for various one-time items that come up during the year. None of this contingency has been allocated in the first quarter of FY 2024.

Council Contingency
The FY 2024 Adopted Budget also includes a $5 thousand City Council contingency appropriation that may be used for various one-time items that come up during the year.

None of this contingency has been allocated in the first quarter of FY 2024.

VII. Next Level Budget
The FY 2024 Adopted Budget includes $400 thousand in the General Fund non- department contract services account that may be used for various “next-level” contract services. None of this budget has been allocated in the first quarter of FY 2024.

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VIII. Other Funds
Table 6 reflects fund balance, projected revenue, and projected expenditure activity in the City’s other funds. For most funds, revenues and expenditures are projected to be on budget and the ending fund balances are in line with the FY 2025 Adopted Budget beginning fund balances.

Table 6. Other Funds

AB CD = B ‐ CE = A + DFG = E ‐ F
Fund
Type Fund Fund Title
Beginning
Fund Balance
Projected
Actual Revenue
Projected Actual
Expenditure  Net Rev ‐ Exp
Projected
Ending Fund
Balance  Carryforward
Unrestricted
Fund Balance
General Operating Funds
1001 General Fund 25,033,776        32,070,764        45,406,719             (13,335,955)      11,697,820      6,519,909         3,427,911 1002 Half‐Cent Sales Tax Fund 3,205,576          2,018,396          1,852,888                165,508             3,371,084        1,389,000         1,982,084 Special Revenue Funds
2001 Gas Tax Fund 300,722             439,829             442,201                   (2,372)                298,350           ‐                     298,350 2002 Local Transportation 415,770             278,240             305,535                   (27,295)              388,475           ‐                     388,475 2003 PEG Fund 73,720                40,187                41,736                     (1,549)                72,171             ‐                     72,171 2004 Grants‐NonCapital 62,847                101,911             137,888                   (35,977)              26,870             ‐                     26,870 2005 Housing In Lieu Fee 4,047,150          91,162                2,653,130                (2,561,968)         1,485,183        ‐                     1,485,183 2006 LBID Operations 970,078             1,418,096          1,734,347                (316,251)            653,827           ‐                     653,827 2006 LBID Improvements 834,712             1,418,096          1,222,084                196,012             1,030,724        ‐                     1,030,724 2007 Chapman Estate 78,323                998,225             1,013,964                (15,739)              62,584             ‐                     62,584 Capital Project Funds
3001 Capital Projects 738,719             73,654,274        71,742,658             1,911,615          2,650,334        2,650,334         ‐ 3002 Public Facilities Fund 844                     ‐                      ‐                           ‐                      844                   ‐                     844 3003 Park Development Fund 336,724             32,270                230,466                   (198,196)            138,528           ‐                     138,528 3101 Circulation Fees 289,386             4,440                  250,039                   (245,599)            43,787             ‐                     43,787 3102 Impact Fees 758,681             12,345                879                           11,466               770,147           ‐                     770,147 3103 Developer Impact Fee 56,352                ‐                      ‐                           ‐                      56,352             ‐                     56,352 3201 Underground Utility Fnd 15,890                ‐                      ‐                           ‐                      15,890             ‐                     15,890 Debt Service Funds
4001 PFA Debt Service ‐                      3,757,225          3,757,225                ‐                      ‐                    ‐                     ‐ 4002 PF Agency Debt 893                     704,530             704,530                   ‐                      893                   ‐                     893 4101 Reass 92‐1 Fwy Fthlls 735                     ‐                      ‐                           ‐                      735                   ‐                     735 4102 Spyglass 92‐4 12,239                ‐                      ‐                           ‐                      12,239             ‐                     12,239 Enterprise Funds
6101 Water Enterprise 8,492,793          7,161,882          9,651,318                (2,489,436)         6,003,357        6,003,357         ‐ 6102 Water Tax (Lopez/State) 296,671             2,385,732          2,395,720                (9,988)                286,683           286,683            ‐ 6103 Water Construction Fund 1,257,703          4,099,301          4,150,039                (50,738)              1,206,965        1,206,965         ‐ 6104 Water Expansion Fund 805,404             8,697                  ‐                           8,697                  814,101           814,101            ‐ Water Enterprise Funds 10,852,570       13,655,612       16,197,077             (2,541,465)        8,311,105       8,311,105        ‐ 6201 Wastewater Treatment 9,219,597          5,805,610          13,402,670             (7,597,060)         1,622,537        1,622,537         ‐ 6202 Wastewater Capital Proj 1,349,394          2,371,215          2,711,647                (340,432)            1,008,962        1,008,962         ‐ 6203 Wastewater Expansion 1,863,327          828,327             ‐                           828,327             2,691,654        2,691,654         ‐ Wastewater Enterprise Fund 12,432,318       9,005,152         16,114,317             (7,109,165)        5,323,153       5,323,153         ‐ 6301 Local Trans Transit 27,158                 ‐                       ‐                            ‐                      27,158             27,158               ‐ 6401 Pier Enterprise 97,885                111,151             158,822                   (47,671)              50,214             50,214               ‐ 6501 Parking Enterprise 5,846,885          2,583,604          7,833,699                (5,250,095)         596,790           596,790             ‐ Internal Service Funds
7101 Technology Service Fund 114,799             2,056,243          2,125,899                (69,655)              45,144              ‐                     45,144 7201 Motor Vehicle Fund 4,681,754          1,401,231          2,858,609                (1,457,378)         3,224,376         ‐                     3,224,376

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Highlights of Other Funds

Half-Cent Sales Tax Fund (1002)
The Half-Cent Sales Tax Fund is part of the General Fund which includes a 0.50% transaction sales and use tax. This tax was approved by Pismo Beach voters in June 2008, effective October 1, 2008, and renewed in November 2014, which extends the tax to March 31, 2027. The tax proceeds are used exclusively for infrastructure projects. This fund started the year with a $3.21 million beginning fund balance (after including carryforward fund balances). Projected actual revenues are $2.02 million. Projected actual expenditures are $2.24 million. After accounting for a $1.00 million carryforward of project budgets, there is a projected $1.98 million projected ending fund balance in this fund. Table 7 lists the budgeted projects in this fund for FY 2024.

Table 7: Half-Cent Sales Tax Fund FY 2024 Budgeted Projects and Projected Actuals

Gas Tax Fund (2001)
The Gas Tax Fund is a Special Revenue Fund whose revenues include State gas tax funds based on the State’s apportionment formula. These funds are used for City street light costs, City traffic signal maintenance costs, and street repairs and/or capital improvements. This fund started the year with a $301 thousand beginning fund balance (after including carryforward fund balances). Projected actual revenues are $440 thousand and projected actual expenditures are $442 thousand for the Paving project.

Based on the projected revenues and expenditures for the current year, there is a $298 thousand projected ending fund balance in this fund.

Local Transportation Fund (2002)
The Local Transportation Fund is a Special Revenue Fund whose funds are used for construction and maintenance of streets, bluff protection, and beach access. Revenues for this fund consist of State Transportation Development Act funds, which remain after funds are allocated for regional transit, local transit, and Ride-on services. Projected actual revenues are $278 thousand and projected actual expenditures are $306 thousand, primarily for the Paving Project. Based on the projected revenues and expenditures for the current year, there is $388 thousand projected ending fund balance for this fund.

Projects FY 2024 Budget
FY 2024 Projected
Actuals
Paving Project $ 1,527,888 $ 1,527,888 Shell Beach Parking Lot 1,000,000 - Signalize Bello/Price Canyon Rd 389,000 - FY 2025 Paving project 300,000 300,000 City Hall Parking Lot 25,000 25,000 Total $ 3,241,888 $ 1,852,888

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Public Education Government Fund (2003)
The Public, Educational, and Governmental (PEG) Access Fee Fund includes revenues from a PEG Access Fee collected from cable television providers (i.e. Charter Communications) with franchise operations within city limits. Expenditures include capital costs related to governmental cable broadcasting and equipment. Based on projected revenues of $40 thousand and projected expenditures of $42 thousand, the PEG Fund is expected to end the year with a $72 thousand fund balance.

Housing In-Lieu Fund (2005)
The Housing In-Lieu Fund is a Special Revenue Fund with revenues from a development impact fee paid to the City as an alternative to the production of affordable housing (housing in-lieu fee). These funds are used for the acquisition, construction, or rehabilitation of affordable housing. The fund is projected to have $1.49 million of funds available by the end of the year for this purpose.

Lodging Business Improvement District Fund (2006) Operations The Pismo Beach Lodging Business Improvement District (LBID) Fund for operations reflects a 1% assessment on transient rents at transient lodging providers as revenues and budgeted expenditures to promote Pismo Beach lodging businesses. The LBID Fund started the year with a $970 thousand beginning fund balance. City staff projects that LBID assessment revenues and interest earnings will be $1.42 million. Operating expenditures are projected at $1.73 million. The fund is expected to end the year with a $654 thousand unrestricted fund balance.

LBID Fund (2006) Improvements
The LBID Fund for improvements includes a 1% assessment for physical improvements, in particular the Pier Plaza project. The LBID Fund started the year with a $835 thousand beginning fund balance. City staff projects that LBID assessment revenues and interest earnings will be $1.42 million. Expenditures include $1.20 million for the Addie Street Restroom Improvement project, $15 thousand for replacement beach wheelchairs, and $7 thousand for the beach swing replacement project. The fund is expected to end the year with a $1.05 million unrestricted fund balance. This amount, plus FY 2025 projected assessment revenues are anticipated to support future visitor-serving physical improvements.

Chapman Estate Fund (2007)
The Chapman Estate Fund reflects donations or other contributions for the Chapman Estate as revenues and ongoing maintenance and one-time infrastructure improvements to the Chapman Estate as expenditures. The fund started the year with $78 thousand and is expected to receive $998 thousand of revenues, including $882 thousand from the General Fund for Chapman Estate improvements and the Chapman Inventory projects and $100 thousand from the General Fund to support operations, and $16 thousand from private event revenues. Projected actual expenditures are $1.01 million, including $881 thousand for the Chapman Estate improvements and the Chapman Inventory projects and $133 thousand for operating costs of the home and grounds and monthly

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maintenance costs for utilities and gardening. The remaining projected ending balance of this fund is $63 thousand.

Park Development Fund (3003)
The Park Development Fund is a Capital Project Fund with Quimby Act (park development in-lieu) fees and Impact Fees as funding sources to support construction costs of new parks and park lands, and the enhancement of existing parks to serve new development. The fund started the year with $337 thousand and is projected to receive $32 thousand in impact fee and permit revenues. Projected actual expenditures total $230 thousand and include the project in the following table. The table lists the budgeted projects in this fund for FY 2024.

Table 8: Park Development Fund FY 2024 Budgeted Projects

The fund is expected to end the year with a $139 thousand ending fund balance.

Water Enterprise Fund (6101)
The Water Enterprise Fund is an Enterprise Fund consisting of revenues from water billings and expenditures for: contract meter reading; direct water services and supplies; on-going inspection, repair, and maintenance of the City’s wells, tanks, booster stations, hydro-pneumatic system, and water distribution system components; water conservation efforts; and ensuring that a safe, drinkable supply of water is provided to Pismo Beach.

Water revenues are projected to be $7.16 million, including $1.41 million in one-time revenues for the Central Coast Blue project and expenditures are projected to be $9.65 million, including $669 thousand for the Central Coast Blue project.

The projected ending fund balance for the Water Enterprise Fund is $6.00 million, which is allocated for future water system capital costs, including the Central Coast Blue project.

Note that the Water Enterprise Fund also includes the Water Tax, Water Construction, and Water Expansion Funds and the ending fund balance across all these funds is $8.31 million.

Wastewater Treatment Fund (6201)
The Wastewater Treatment Fund is an Enterprise Fund consisting of revenues from wastewater billings and expenditures for direct services and supplies; operation and maintenance of the City’s wastewater treatment plant and the wastewater collection facilities including pumps and pipelines; and ensuring the City’s treatment and collection system operations meet City, federal, and state laws and requirements. Wastewater Projects
FY 2024
Budget
Price Historic Park/ Meherin House 85,029$
Palisades and Chumash Park Improvements 80,000
South Palisades Outdoor fitness equipment/trail 60,000
Overhead costs 5,437
Total 230,466$

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revenues are projected to be $5.81 million and expenditures are projected to be $13.40 million, including $2.52 million for the Central Coast Blue project. The ending fund balance is $1.62 million which is already allocated for other wastewater capital projects. Note that the Wastewater Treatment Funds also include the Wastewater Capital Fund and the Wastewater Expansion Fund. The total combined ending fund balance across all these funds is $5.32 million.

Pier Enterprise Fund (6401)
The Pier Enterprise Fund includes revenues from a concession lease on the Pier and expenditures for repair and maintenance of the Pier, Promenade, and nearby facilities.

The beginning fund balance is $98 thousand and projected revenues are $111 thousand, from revenues from the Pier Airstreams. Projected expenditures include $159 thousand for Pier and Pier Plaza operating costs. The Pier Enterprise Fund is expected to end the year with a $50 thousand ending fund balance.

Parking Enterprise Fund (6501)
The Parking Enterprise Fund is an Enterprise Fund consisting of revenues from parking kiosks, parking citations, and parking permits to support a Parking Supervisor and Parking Enforcement Officer, implement the goals of the Pismo Beach Parking Management Plan, to administer existing parking more efficiently, provide more downtown parking, improve enforcement and parking management, and provide funds for future parking structures.

Revenues are projected to reach $2.92 million.

As shown in Table 9, addition to operating expenditures, the budget includes $8.77 million for one-time projects, including $4.00 million for the Public Safety Facility project, $2.50 million for the purchase of property to increase the City’s parking inventory, $1.16 million for the Police Department Parking Division Substation, $750 thousand for paving the City’s parking lots, $261 thousand for additional parking meters, $101 thousand for the Secure Communication Radio project, $100 thousand for Addie Street Parking and Access Improvements, $4 thousand for a radio system upgrade and reliability project, and $6 thousand for other projects. Of these projects, staff projects $6.82 million will be spent while the other projects are delayed. Staff anticipates coming back to the Council in December 2023 to de-appropriate the remaining Parking Garage/Parking Inventory, Parking property paving, and the Parking Management Plan remaining budgets. The FY 2024 projected ending fund balance is $597 thousand.

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Table 9: Parking Enterprise Fund FY 2024 Budgeted Projects Motor Vehicle Replacement Fund (7201)
The Motor Vehicle Replacement (MVR) Fund is an Internal Service Fund that funds the City’s motor vehicle operations and maintenance and motor vehicle replacements for various City departments. These costs are funded by accumulated fund balance, transfers from other funds, and motor vehicle rental charges to other funds. The MVR Fund started the year with a $4.68 million beginning fund balance. The FY 2024 projected ending fund balance is $3.22 million, which are accumulated funds necessary to fund future replacements.

Conclusion and Recommendation
Staff recommends that Council receive this report as information only.

FISCAL IMPACT:

There is no fiscal impact from receiving this report as it is information only.

ALTERNATIVES:

1. Request additional information from staff.

ATTACHMENTS:

None
Prepared by: Meeting Date: November 7, 2023
Nadia Feeser, Administrative Services Director
City Manager Approval:

Projects
FY 2024
Budget
FY 2024
Projected
Actuals
Public Safety Facility 4,000,000$ 4,000,000$
Parking Garage/Parking Inventory 2,504,412 1,305,496 Police Dept/Parking Substation 1,159,056 1,159,056
Parking property paving 750,000 -
Parking Kiosk Machines 260,884 260,884
Addie St Parking & Access Impr 88,398 88,398
Radio System Reliability Upgrd 4,000 4,000
Other projects 6,182 1,097
Total 8,772,932$ 6,818,931$

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

QUARTERLY INVESTMENT REPORT FOR THE THREE MONTHS OF JULY THROUGH SEPTEMBER 2023—THE FIRST QUARTER OF FY 2024
RECOMMENDATION:

No action recommended; for information only.

EXECUTIVE SUMMARY:

This report updates City Council on the City’s investment portfolio as of the quarter ending on September 30, 2023. This report complies with regulations set forth in California State Government Code Section 53646 in which the City Treasurer is required to submit to the legislative body (City Council) a quarterly report containing various information on the City’s investments.

The report includes all investments managed by the City, including funds invested in various securities, the City’s pooled funds invested in various financial instruments, and funds held in reserve with fiscal agents.
Table 1 (Attachment 1) provides a summary of the City’s cash, investments, and earnings based on book value as of September 30, 2023.
Tables 2 and 3 (Attachments 2 and 3) provides details on the investment type, issuer, maturity date, book value, market value, and interest rates as of September 30, 2023 for the General Fund Reserve and City Pooled Funds A, respectively.

All of the City’s investments and the City’s allocation of funds in the various financial instruments comply with State Government Code Sections 53610—53686 and with the City’s Investment Policy’s primary objective to safeguard the principal. Additionally, the City of Pismo Beach’s invested funds as described in this report comply with the City’s Investment Policy and meet the City’s pooled expenditure requirements for the next six months.

Description of Cash and Investment Accounts
Negotiable Certificates of Deposit (CDs), US Government Agency Securities (GASs), Corporate Bonds (Corp Bonds), Treasury Note, and Municipal Bonds (Munis) General Fund Reserves: The City has three reserves invested in various financial instruments that mature at various periods over the next five years. The total amount invested for these three reserves is $7.90 million, earning a projected 2.17% average interest rate during Fiscal Year (FY) 2024. Specifics of each reserve are provided below:
o General Fund Reserve: The City adopted a Fiscal Policy that maintains a General Fund Reserve of 25% of budgeted annual operating expenditures. This Reserve should be $7.36 million, which is 25% of the FY 2024 budgeted annual operating expenditures. Currently, $7.15 million is invested in various CDs, GASs, Corp

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Bonds, and Munis earning 2.13% on average per year. Note that on October 17, 2023, Council approved Resolution R-2023-081 allocating $2.00 million of the General Fund Reserve to support the Public Safety Facility project. The next Quarterly Investment Report for the three months of October 2023 to December 2023, the second quarter of FY 2024, will reflect this shift. o City Building Reserve: The City Council created a City Building Reserve of $500 thousand for the maintenance and upkeep of City facilities and buildings. Currently, this Reserve is invested in various CDs and GASs earning on average 2.38% per year during FY 2024.
o Risk Management Reserve: The City Council established a Risk Management Reserve, contributing $50 thousand each year. Currently, this Reserve is $250 thousand, which is invested in CDs, GASs, and Munis earning 3.10% on average per year.
City-Pooled Funds A (for deferred capital projects): Based on the City’s 10-year capital plan and the cash flow needs for the next five years, the City has invested $42.90 million in various CDs, GASs, Corp Bonds, Treasury notes, and Munis that mature at various periods over the next five years and have a 3.37% average interest rate during FY 2024.

Other Financial Instruments
City-Pooled Funds B (for current year expenditures): The City follows the practice of pooling cash for all funds in financial instruments. Interest earned on pooled cash and investments is allocated quarterly to the various funds based on the respective fund’s average quarterly cash balance. As of September 30, 2023, the City-Pooled Funds B are allocated or invested as described below.
$14.75 million in Local Agency Investment Fund (LAIF): LAIF is a State investment pool earning 3.59% annually and is the City’s main savings account where the majority of cash is held for current year expenditures.
$12.75 million in U.S. Bank Checking: This account is the City’s primary checking account.

OPEB Trust Account
The Governmental Accounting Standards Board (GASB) requires public-sector entities to account for the promise to provide other post-employment benefits (OPEB) over the working life of the employee rather than on a pay-as-you-go basis. The City has an actuarial study performed every two years to determine how much to set aside each year to partially or completely fund the City’s future obligations for retiree health costs.

The OPEB Trust Account is the California Employers’ Retiree Benefit Trust (CERBT) Fund that was set up for the purpose of receiving employer contributions to prefund retiree health and OPEB costs for retirees and their beneficiaries. This trust fund helps finance future costs in large part from the investment earnings provided by CalPERS, rather than the City’s restricted investment earnings. The projected earnings are 6.75% per year and fluctuate from quarter to quarter. The City contributes to the account at the Actuarial Determined Contribution amount of $180 thousand for this year toward the City’s

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unfunded liability. This contribution now appears as an asset for the City’s future retiree health costs instead of a significant liability on the City’s balance sheet.

Portfolio Allocation
Per California Government Code 53600 et seq., and the City's Investment Policy, the City may invest up to a maximum percentage of the entire portfolio of funds in authorized financial instruments. The following table shows a summary of the authorized financial instruments, the maximum percentage limits, the book value as of September 30, 2023 of the City’s funds, and the percentage of the total City’s pooled funds that are invested in each financial instrument.

Financial Instrument
Maximum
%
Book Value as
of 9/30/23
% of
Portfolio
US Treasury Issues 100% 16,900,557$ 21%
Negotiable Certificates of Deposit 30% 15,350,363 20% Local Agency Investment Fund 100% 14,750,922 19%
US Government Agency Obligations 50% 13,750,000 17% Checking Account 100% 13,060,528 17%
Corporate Bond 30% 2,591,143 3%
Issues of Other California entities 30% 2,215,896 3% 78,619,408$ 100%
Bond funds: Wilmington Trust 900$
OPEB Trust Account 4,638,943
Total Book Value 83,259,252$
US Treasury
Issues, 21%
Negotiable
Certificates of
Deposit, 20%
Local Agency
Investment
Fund, 19%
US
Government
Agency
Obligations,
17%
Checking
Account, 17%
Corporate
Bond, 3%
Issues of Other
California
entities, 3%
Portfolio Allocation

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Portfolio Liquidity
The portion of the City’s portfolio that is managed by the City Treasurer (all accounts except the Bond Funds and OPEB Trust Account) is sufficiently liquid to meet the City’s expenditure requirements for the next 6 months. The majority of funds are invested in LAIF, which has a liquidity of one day. The following table and chart illustrate the liquidity of the City’s managed portfolio.

Liquidity Amount
0 to 30 days 27,811,450$
FY 2024 17,541,419
FY 2025 9,211,177
FY 2026 8,250,000
FY 2027 9,170,363
FY 2028 5,655,000
FY 2029 980,000
78,619,408$
0 10,000 20,000 30,000
0 to 30 days
FY 2024
FY 2025
FY 2026
FY 2027
FY 2028
FY 2029
Portfolio Amount ($ thousands)
Li
q
u
i
d
i
t
y

P
e
r
i
o
d
Portfolio Liquidity

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Investment Value
Book Value: The book value represents the initial outlay for an investment and is the amount carried on a balance sheet. In the past quarter ending September 30, 2023, the City’s total book value of cash and investments was $83.26 million. This is $1.09 million less than the last quarter’s ending balance. There are a number of factors that impact changes in cash and investment balances from quarter to quarter. These changes may include receiving periodic payments (e.g., property taxes are received in December and April), large payments on debt service or capital projects, seasonal revenues and expenditures, and other factors affecting cash flow.

Market Value: The market value represents the current price at which a security can be traded and is the value of an investment comparing the various aspects of the security to other factors in the market such as interest rates. The market value as of September 30, 2023 for CDs, GASs, Municipal Bonds, Treasury Notes, and Corporate Bonds was $48.45 million, which is $2.36 million less than the book value. The City expects to hold onto the majority of its investments to maturity and would receive the book value of its investment.

Investment Name Type of Investment
Book Value as
of 9/30/23
Book Value as of
6/30/23 Variance
General Fund Reserve CDs/GASs/Corp
Bonds/Muni Bonds
7,903,980$ 7,903,573$ 407$
City Pooled Funds - A CDs/GASs/ Corp
Bonds/ Muni
Bonds/ US
Treasury Note
42,903,978 42,728,857 175,121
City Pooled Funds - B Various 27,811,450 28,885,736 (1,074,286) Bond funds Blackrock Federal
Fund
900 889 11
OPEB Trust Account Benefit Trust
Account
4,638,943 4,827,849 (188,905)
TOTAL 83,259,252$ 84,346,905$ (1,087,653)$
Investment Name
Type of
Investment
Book Value as of
9/30/23
Market Value as
of 9/30/23 Variance
General Fund Reserve CDs/GASs/
Corp Bonds/
Muni Bonds
7,903,980$ 7,255,161$ (648,819)$
City Pooled Funds - A CDs/GASs/
Corp Bonds/
Muni Bonds/US
Treasury Note
42,903,978 41,191,513 (1,712,465)
Total All Securities 50,807,958$ 48,446,674$ (2,361,284)$

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Investment Earnings and Performance
Interest Earnings: In the past quarter ending September 30, 2023, the City’s total interest earnings were a gain of $287 thousand, including a $475 thousand gain in the City’s managed portfolio and a $188 thousand loss in OPEB. The estimated interest earnings for FY 2024 are $2.39 million, which is a gain of 2.87% for the year for the City’s entire portfolio and a gain of 2.67% for the City’s managed portfolio. Note that as the City’s cash and investments change, the interest earnings change correspondingly.

Performance: The projected annual interest earnings rate for FY 2024 is 2.87% for the City’s entire portfolio. The projected annual interest earnings rate for FY 2024 is 2.67% for the City’s managed portfolio (excludes Bond funds and OPEB Trust Account). This is compared to LAIF, which is earned 3.59% as of September 30, 2023, or the 1-year U.S.

Treasury Note, which earned 5.47% as of September 30, 2023. The following table lists the various performance measures regarding the various annual earnings rate for the City’s entire portfolio, the City’s managed portfolio, and the two benchmarks of LAIF and the 1-year U.S. Treasury Note.

Performance Measure Earnings
Rate
City’s Annual Earnings Rate for entire Portfolio 2.87%
City’s Annual Earnings Rate for Managed Portfolio 2.67% LAIF Average Annual Earnings Rate 3.59%
1-Year U.S. Treasury Note 5.47%

Investment Name Type of Investment
Book Value as
of 9/30/23
Actual
Interest
Earned 1st
Quarter
Estimated
Annual
Interest
Earnings
* Data
Sources
Actual Annual
Interest
Earnings
Estimated
Annual Interest
Earnings Rate
General Fund Reserves CDs/GASs/Corp
Bonds/Muni Bonds
7,903,980$ 28,675$ 28,675$ 1 157,589$ 1.99% City Pooled Funds - A CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note
42,903,978 308,041 308,041 1 1,391,829 3.24% City Pooled Funds - B Various 27,811,450 138,177 138,177 3 552,710 1.99% Bond funds Wilmington Trust 900 11 11 44 4.87% OPEB Trust Account* Benefit Trust
Account
4,638,943 (187,876) (187,876) 4 289,934 6.25% TOTAL 83,259,252$ 287,029$ 287,029$ 2,392,105$ 2.87% Total Managed Portfolio 78,619,408$ 474,894$ 474,894$ 2,102,128$ 2.67%

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Future Outlook
Economic activity reflects expansion at a solid pace with slowing job gains, low unemployment, and elevated inflation. The US banking system has tighter credit conditions for households and businesses, which will likely impact economic growth, including hiring and inflation.

As the Federal Open Market Committee (FOMC) is attentive to inflation risks. On September 20, 2023, the FOMC decided to maintain the target range for the federal funds rate at 5.25% to 5.50%. The Committee expects to closely monitor inflation and adjust monetary policy to achieve maximum employment and price stability, to return to 2% inflation.

With the elevated federal funds rate, market interest rates are greater than the City’s overall portfolio. With these higher interest rates, the City’s investment earnings potential is improving and could lead to greater investment earnings as the City’s current investments mature and are reinvested in higher yielding securities. The yield curve is currently inverted, meaning that longer term rates are less than shorter term rates. As such, the City Treasurer is investing more of its idle cash in shorter-term investments to take advantage of the higher rates, while preserving principal and remaining liquid.

FISCAL IMPACT:

No fiscal impact from the report itself—information only.

ALTERNATIVES:

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

ATTACHMENTS:

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

2. Table 2: For the General Fund Reserve—Basic Data on Investments in Securities

3. Table 3: For City Pooled Funds A—Basic Data on Investments in Securities Submitted by: Meeting Date: November 7, 2023
Nadia Feeser, Administrative Services Director/City Treasurer City Manager Approval:

9.F-7Council Agenda 11-7-2023
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Investment Name Name of Institution Type of Investment Current
Earnings
Rate
Book Value
as of 9/30/23
Actual Interest
Earned 1st
Quarter Ending
9/30/23
Year-to-Date
Interest
Earned
Ending
9/30/23
* Data
Source
Estimated
Annual Interest
Earnings **
General Fund Reserves US Bank CDs/GASs/Corp
Bonds/Muni Bonds

2.17% avg 7,903,980$ 28,675$ 28,675$ 1 157,589$ City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note

3.37% avg 42,903,978 308,041 308,041 1 1,391,829
Total All Securities 50,807,958$ 336,716$ 336,716$ 1,549,418$ City Pooled Funds - B US Bank Custody 0.00%310,291$ 703$ 703$ 1 2,813 City Pooled Funds - B Local Agency Invest.

Fund
State Investment Pool 3.59%14,750,922 133,009 133,009 2 532,035 City Pooled Funds - B US Bank Checking 0.00%12,750,236 4,466 4,466 3 17,863 City Pooled Funds - B 27,811,450$ 138,177$ 138,177$ 552,710$ City Pooled Funds total A + B 70,715,428$ 446,218$ 446,218$ 2,102,128$ Funds Held with Fiscal
Agent
Bond funds: Wilmington
Trust
2017 Pier Project 383$ 5$ 5$ 4 18
Funds Held with Fiscal
Agent
Bond funds: Wilmington
Trust
2017B CREBs 517 6 6 4 26
Calpers Benefit Trust
OPEB Trust Account CalPERS Benefit Trust
Account
Various managed by
CalPERS
4,638,943$ (187,876)$ (187,876)$ 5 289,934
TOTAL, Cash and Investments at September 30, 2023:83,259,252$ 287,029$ 287,029$ 2,392,105$ TOTAL for City Managed Portfolio, Cash and Investments:78,619,408$ 474,894$ 474,894$ 2,102,128$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund. 3 = Monthly reconciled bank statement from respective bank. 4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account ** Estimated Annual Interest Earnings for the current Fiscal Year (FY) 2024:

1. Estimated Earnings on Investments are based on scheduled Interest Payments during FY 2024

2. Estimated Earnings on Other Financial Instruments are based on anticipated average account balances (Book Values) and interest rates during FY 2024.

City of Pismo Beach
Table 1: Summary Table for All Funds,
including Book Values & Earnings Data for Investments in Other Financial Instruments

9.F-8Council Agenda 11-7-2023
Attachment 1
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City of Pismo Beach
September 30, 2023 QUARTERLY INVESTMENT REPORT
Table 2: For the General Fund Reserves - Basic Data on Investments in Securities:

2.90% 05/03/22 04/27/27 CD 92.238 147,000 135,599 (11,401) 1,031 052392BT3 Austin Telco Federal
Credit Union

3.80% 09/21/22 09/21/27 CD 94.794 245,000 232,245 (12,755) 1,178 06406RBA4 Bank New York Mellon
(32.69%)

2.05% 01/26/22 01/26/27 CD A 89.361 245,000 219,091 (25,909) 940 05600XQL7 BMO Harris Bank
(56.73%)

4.45% 05/24/23 05/24/28 CD 98.457 139,000 136,844 (2,156) 1,424 13077CY32 California State
University Rev Bonds
(97.66%)

5.00% 05/07/20 11/01/23 Municipal Bond AA- 100.104 245,000 215,075 (29,925) (242) 13063CLW8 California State GO
Bonds (41.83%)

5.00% 05/08/20 10/01/24 Municipal Bond AA- 101.399 245,000 212,076 (32,924) 93 13063CLW8 California State GO
Bonds (8.54%)

5.00% 05/08/20 10/01/24 Municipal Bond AA- 101.399 50,000 43,297 (6,703) 93 14042TFP7 Capital One Bank
(47.76%)

2.90% 04/27/22 04/27/27 CD 92.238 117,000 107,930 (9,070) 1,031 24951TAL9 Department of
Commerce FCU
(22.45%)

1.25% 01/07/22 01/07/27 CD 87.711 55,000 48,243 (6,757) 921 24951TAL9 Department of
Commerce FCU
(20.41%)

1.25% 01/07/22 01/07/27 CD 87.711 50,000 43,859 (6,141) 921 27004PCV3 Eaglemark Savings Bank
(20%)

3.25% 06/22/22 06/22/27 CD 93.17 50,000 45,653 (4,347) 1,087 29367RLM6 Enterprise Bank
(63.27%)

0.85% 05/18/20 05/14/25 CD 92.669 155,000 143,648 (11,352) 318 3130ALYC2 FHLB (19.2%)1.14% 04/29/21 04/29/26 Agency AA+ 90.306 192,000 173,388 (18,612) 668 3130ALYC2 FHLB (5.3%)1.14% 04/29/21 04/29/26 Agency AA+ 90.306 53,000 47,862 (5,138) 668 3130AMCY6 FHLB (25.8%)1.00% 05/27/21 05/27/26 Agency AA+ 89.798 516,000 463,358 (52,642) 696 3130AMCY6 FHLB (2.5%)1.00% 05/27/21 05/27/26 Agency AA+ 89.798 50,000 44,899 (5,101) 696 3130APB87 FHLB 1.10% 10/13/21 10/13/26 Agency AA+ 88.849 500,000 444,245 (55,755) 835 3130AQAU7 FHLB (24.5%)1.45% 12/29/21 12/29/26 Agency AA+ 89.208 245,000 218,560 (26,440) 912 3130AQZ55 FHLB 2.50% 03/10/22 03/10/27 Agency AA+ 91.727 500,000 458,635 (41,365) 983 3130ARF55 FHLB (51%)2.60% 03/30/22 03/30/27 Agency AA+ 91.922 255,000 234,401 (20,599) 1,003 3130ARF55 FHLB (49%)2.60% 03/30/22 03/30/27 Agency AA+ 91.922 245,000 225,209 (19,791) 1,003 32024JAM5 First Federal Credit
Union - (78.35%)

4.40% 02/17/23 02/17/28 CD 96.604 191,967 185,439 (6,528) 1,327 33847E3J4 Flagstar Bank 0.90% 05/15/20 05/15/25 CD 92.734 245,000 227,198 (17,802) 319 46632FRU1 JP Morgan Chase Bank 0.70% 01/22/21 01/22/26 Corporate Bond A+ 87.296 500,000 436,480 (63,520) 571 50625LBN2 Lafayette Federal Credit
Union

3.25% 06/15/22 06/15/27 CD 93.137 245,000 228,186 (16,814) 1,080 59013KPN0 Merrick Bank 1.10% 11/09/21 11/09/26 CD 87.777 245,000 215,054 (29,946) 862 6966674G6 Palm Springs USD GO
Bonds (95.66%)

0.85% 10/28/20 08/01/24 Municipal Bond AA 96.188 773,013 740,708 (32,305) 32 835104BZ2 Somerset Tr Co 1.00% 03/19/20 03/19/25 CD 93.454 245,000 228,962 (16,038) 262 88413QDL9 Third Federal Savings
Bank

3.50% 06/28/22 06/28/27 CD 93.99 245,000 230,276 (14,725) 1,093 89235MLC3 Toyota Financial Savings
Bank

0.95% 07/15/21 07/15/26 CD 88.504 245,000 216,835 (28,165) 745 87164X2C9 Synchrony Bank 4.60% 09/15/23 09/15/28 CD 96.984 245,000 237,611 (7,389) 1,538 39573LEM6 Greenstate Credit Union
(20.4%)

5.00% 09/26/23 09/26/28 CD 98.689 50,000 49,325
291916AB0 Empower Federal Credit
Union (53.06%)

5.10% 09/29/23 09/29/28 CD 99.124 130,000 128,858 (1,142) 1,552 Total $ 7,903,980 $ 7,255,161

9.F-9Council Agenda 11-7-2023
Attachment 2
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City of Pismo Beach
September 30, 2023 QUARTERLY INVESTMENT REPORT
Table 3: For City Pooled Funds A - Basic Data on Investments in Securities:

1.70% 09/18/19 09/18/24 CD 96.247 245,000 235,805 (9,195) 80 011852AE0 Alaska USA Federal
Credit Union

4.60% 03/08/23 03/08/28 CD 97.344 245,000 238,493 (6,507) 1,347 01664MAB2 All In Federal Credit
Union

4.40% 12/20/22 12/20/27 CD 96.744 245,000 237,023 (7,977) 1,268 01882MAB8 Alliant Credit Union 4.95% 12/30/22 12/30/27 CD 98.811 245,000 242,087 (2,913) 1,278 02554BDA6 American Eagle Bank 1.10% 03/13/20 03/13/25 CD 93.662 245,000 229,472 (15,528) 256 02589ACE0 American Express
(40.24%)

2.90% 05/03/22 04/27/27 CD 92.238 99,000 91,307 (7,693) 1,031 037833AZ3 Apple Inc 2.50% 03/05/20 02/09/25 Corporate Bond AA+ 96.22 1,062,000 962,200 (99,800) 224 062119BS0 Bank Five Nine (59.18%) 4.60% 04/14/23 04/13/28 CD 97.271 145,000 141,034 (3,966) 1,383 062119BS0 Bank Five Nine (40.82%) 4.60% 04/14/23 04/13/28 CD 97.271 100,000 97,280 (2,720) 1,383 06406RBA4 Bank New York Mellon
(67.31%)

2.05% 01/26/22 01/26/27 CD A 89.361 504,363 451,117 (53,246) 940 06048WS43 Bank of America Corp 2.00% 02/18/22 08/18/25 Corporate Bond A- 91.771 500,000 458,855 (41,145) 414 06740KQE0 Barclays Bank 3.00% 05/11/22 05/11/27 CD 92.497 245,000 226,618 (18,382) 1,045 05600XQL7 BMO Harris Bank
(43.27%)

4.45% 05/24/23 05/24/28 CD 98.457 106,000 104,376 (1,624) 1,424 05580AW59 BMW Bank North
America

4.60% 03/10/23 03/10/28 CD 97.36 245,000 238,532 (6,468) 1,349 13077CY32 California State
University Rev Bonds
(2.34%)

5.00% 05/07/20 11/01/23 Municipal Bond AA- 100.104 5,862 5,153 (708) (242) 13063CLW8 California State GO
Bonds (49.63%)

5.00% 05/08/20 10/01/24 Municipal Bond AA- 101.399 290,655 251,622 (39,033) 93 14042TFP7 Capital One Bank
(52.24%)

2.90% 04/27/22 04/27/27 CD 92.238 128,000 118,054 (9,946) 1,031 14042RQU8 Capital One National
(79.59%)

2.90% 04/27/22 04/27/27 CD 92.238 195,000 179,860 (15,140) 1,031 14042RQU8 Capital One National
(20.41%)

2.90% 04/27/22 04/27/27 CD 92.238 50,000 46,123 (3,877) 1,031 15118RUR6 Celtic Bank 1.35% 04/02/20 04/02/25 CD 93.812 245,000 229,839 (15,161) 276 15201QCJ4 Centerstate Bank 1.00% 03/30/20 03/31/25 CD 93.403 245,000 228,837 (16,163) 274 12547CAX6 CIBC Bank USA Chicago 4.45% 04/14/23 04/14/28 CD 96.693 245,000 236,898 (8,102) 1,384 17286TAG0 Citadel Federal Credit
Union

1.65% 02/25/20 02/27/25 CD 94.586 245,000 231,736 (13,264) 242 19075JAB4 Cobalt Federal Credit
Union

3.60% 09/15/22 09/15/27 CD 94.092 245,000 230,525 (14,475) 1,172 22551KAU6 Credit Union of Texas 4.40% 12/09/22 12/09/27 CD 96.77 245,000 237,087 (7,914) 1,257 23204HPB8 Customers Bank 4.50% 06/14/23 06/14/28 CD 99.176 245,000 242,981 (2,019) 1,445 24951TAL9 Department of
Commerce FCU
(57.14%)

1.25% 01/07/22 01/07/27 CD 87.711 140,000 122,789 (17,211) 921 254673D94 Discover Bank 3.20% 05/19/22 05/19/27 CD 93.119 245,000 228,142 (16,858) 1,053 27004PCV3 Eaglemark Savings Bank
(80%)

3.25% 06/22/22 06/22/27 CD 93.17 195,000 182,613 (12,387) 1,087 29367SJQ8 Enterprise Bank 1.80% 11/08/19 11/08/24 CD 95.835 245,000 234,796 (10,204) 131 29367RLM6 Enterprise Bank
(36.73%)

0.85% 05/18/20 05/14/25 CD 92.669 90,000 83,391 (6,609) 318 30002CAT5 Everett Co-Operative 3.90% 01/23/23 01/19/27 CD 95.941 245,000 235,055 (9,945) 933 3130ALD76 FHLB 0.70% 02/25/21 02/25/26 Agency AA+ 89.847 500,000 449,235 (50,765) 605

9.F-10Council Agenda 11-7-2023
Attachment 3
Packet Page 64

City of Pismo Beach
September 30, 2023 QUARTERLY INVESTMENT REPORT
Table 3: For City Pooled Funds A - Basic Data on Investments in Securities:

Government Agency Securities and Bank Certificates of Deposit CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturit y
3130ALYC2 FHLB (75.5%)1.14% 04/29/21 04/29/26 Agency AA+ 90.306 755,000 681,810 (73,190) 668 3130AMCY6 FHLB (25%)1.00% 05/27/21 05/27/26 Agency AA+ 89.798 500,000 448,990 (51,010) 696 3130AMCY6 FHLB (46.7%)1.00% 05/27/21 05/27/26 Agency AA+ 89.798 934,000 838,713 (95,287) 696 3130AMS37 FHLB (50%)1.00% 06/24/21 06/24/26 Agency AA+ 89.501 1,000,000 895,010 (104,990) 724 3130AMS37 FHLB (20%)1.00% 06/24/21 06/24/26 Agency AA+ 89.501 400,000 358,004 (41,996) 724 3130AMS37 FHLB (30%)1.00% 06/24/21 06/24/26 Agency AA+ 89.501 600,000 537,006 (62,994) 724 3130ANSB7 FHLB 1.00% 09/17/21 09/17/26 Agency AA+ 88.799 1,000,000 887,990 (112,010) 809 3130AQAU7 FHLB (61.5%)1.45% 12/29/21 12/29/26 Agency AA+ 89.208 615,000 548,629 (66,371) 912 3130AQAU7 FHLB (14%)1.45% 12/29/21 12/29/26 Agency AA+ 89.208 140,000 124,891 (15,109) 912 3130ARGQ8 FHLB 2.88% 04/14/22 04/14/27 Agency AA+ 92.671 500,000 463,355 (36,645) 1,018 3130ARGE5 FHLB (50%)3.00% 04/21/22 04/21/27 Agency AA+ 93.005 250,000 232,513 (17,488) 1,025 3130ARGE5 FHLB (50%)3.00% 04/21/22 04/21/27 Agency AA+ 93.005 250,000 232,513 (17,488) 1,025 3130ATDV6 FHLB 5.00% 09/30/22 09/30/27 Agency AA+ 97.506 500,000 487,530 (12,470) 1,187 3130AV6C1 FHLB (50%)5.71% 03/27/23 03/27/28 Agency AA+ 98.659 250,000 246,648 (3,353) 1,366 3130AV6C1 FHLB (50%)5.71% 03/27/23 03/27/28 Agency AA+ 98.659 250,000 246,648 (3,353) 1,366 32024JAM5 First Federal Credit
Union - (21.65%)

4.40% 02/17/23 02/17/28 CD 96.604 53,033 51,241 (1,792) 1,327 32112UDJ7 First National Bank
McGregor

1.80% 12/30/19 12/30/24 CD 95.331 245,000 233,561 (11,439) 183 334342CD2 First National Bank
Syracuse

1.85% 08/30/19 08/30/24 CD 96.587 245,000 236,638 (8,362) 61 33715LED8 First Technology 3.70% 08/19/22 08/19/27 CD 94.507 245,000 231,542 (13,458) 1,145 3136G4WV1 FNMA 0.75% 06/16/20 06/16/25 Agency AA+ 92.491 1,000,000 924,910 (75,090) 351 3136G4J61 FNMA 0.57% 08/26/20 08/26/25 Agency AA+ 91.536 750,000 686,520 (63,480) 422 3136G43L5 FNMA 0.55% 09/30/20 09/30/25 Agency AA+ 91.18 1,000,000 911,800 (88,200) 457 38149MAJ2 Goldman Sachs Bank 2.70% 05/22/19 05/22/24 CD 98.206 145,000 142,399 (2,601) (39) 472207AE9 Jeanne D Arc Federal
Credit Union

3.80% 09/30/22 09/30/27 CD 94.775 245,000 232,199 (12,801) 1,187 502516QY6 La Canada California
USD

1.75% 04/28/20 08/01/24 Municipal Bond 96.94 571,288 547,711 (23,577) 32 51210SSD0 Lakeside Bank 1.40% 03/30/20 03/31/25 CD 93.905 245,000 230,067 (14,933) 274 58404DSM4 Medallion Bank Utah 4.40% 06/16/23 06/16/28 CD 96.312 245,000 235,964 (9,036) 1,447 60425SKB4 Minnwest Bank 4.25% 05/01/23 05/03/27 CD 96.546 245,000 236,538 (8,462) 1,037 61760ARS0 Morgan Stanley 3.55% 11/08/18 11/08/23 CD 99.781 245,000 244,463 (537) (235) 61690UJ68 Morgan Stanley Bank 3.25% 05/19/22 05/19/27 CD 93.282 245,000 228,541 (16,459) 1,053 67054NBC6 Numerica Credit Union 4.95% 11/04/22 11/04/27 CD 98.878 245,000 242,251 (2,749) 1,222 694231AF8 Pacific Enterprise Bank 1.35% 04/09/20 04/09/25 CD 93.739 245,000 229,661 (15,339) 283 69506YRG6 Pacific Western Bank 1.35% 04/16/20 04/16/25 CD 93.735 245,000 229,651 (15,349) 290 6966674G6 Palm Springs USD GO
Bonds (4.34%)

0.85% 10/28/20 08/01/24 Municipal Bond AA 96.188 35,078 33,605 (1,473) 32 70962LAS1 Pentagon Federal Credit
Union

0.90% 09/29/21 09/29/26 CD 87.586 245,000 214,586 (30,414) 821 75472RAE1 Raymond James Bank 2.00% 08/23/19 08/23/24 CD 96.8 245,000 237,160 (7,840) 54 79772FAG1 San Francisco Federal
Credit Union

4.35% 02/03/23 02/03/28 CD 96.444 245,000 236,288 (8,712) 1,313

9.F-11Council Agenda 11-7-2023
Attachment 3
Packet Page 65

City of Pismo Beach
September 30, 2023 QUARTERLY INVESTMENT REPORT
Table 3: For City Pooled Funds A - Basic Data on Investments in Securities:

Government Agency Securities and Bank Certificates of Deposit CUSIP Issuer Name Coupon Acq Date Maturity Type S&P Par Value Book Value IDC Market Value
Gain/
Loss
Days to
Stated
Maturit y
856285K91 State Bank India 2.00% 03/23/22 03/23/27 CD 89.544 245,000 219,383 (25,617) 996 88241THJ2 Texas Exchange Bank 1.00% 06/10/20 06/13/25 CD 92.511 245,000 226,652 (18,348) 348 89236TGT6 Toyota Motor Corp 1.80% 06/05/20 02/13/25 Corporate Bond A+ 95.03 257,893 237,575 (20,318) 228 90348JTH3 UBS Bank USA 1.25% 03/25/20 03/25/25 CD 93.742 245,000 229,668 (15,332) 268 90331HMS9 US Bank National 2.80% 05/29/20 01/27/25 Corporate Bond A+ 95.848 271,250 239,620 (31,630) 211 912797FV4 US Treasury Bill 5.19% 07/06/23 12/21/23 Treasury Note 98.819 2,999,548 3,034,731 35,183 (192) 912796ZN2 US Treasury Bill
(40.63%)

5.14% 08/17/23 12/28/23 Treasury Note 98.714 2,031,583 2,042,675 11,092 (185) 912796ZN2 US Treasury Bill
(18.73%)

5.14% 08/17/23 12/28/23 Treasury Note 98.714 936,230 941,652 5,422 (185) 912796ZN2 US Treasury Bill
(20.32%)

5.14% 08/17/23 12/28/23 Treasury Note 98.714 1,015,796 1,021,589 5,793 (185) 912796ZN2 US Treasury Bill
(20.32%)

5.14% 08/17/23 12/28/23 Treasury Note 98.714 1,015,796 1,021,589 5,793 (185) 912828V23 US Treasury Note
(84.70%)

4.74% 05/01/23 12/31/23 Treasury Note 99.203 5,000,000 5,041,496 41,496 (182) 912828V23 US Treasury Note
(15.30%)

4.74% 05/01/23 12/31/23 Treasury Note 99.203 902,872 910,684 7,812 (182) 917352AH9 Utah Community Credit
Union

4.50% 06/07/23 06/07/28 CD 98.807 245,000 242,077 (2,923) 1,438 92891CCP5 Vystar Credit Union 4.45% 09/30/22 09/30/27 CD 97.117 245,000 237,937 (7,063) 1,187 938828BN9 Washington Federal
Bank

1.95% 08/28/19 08/28/24 CD 96.698 245,000 236,910 (8,090) 59 912797HW0 US Treasury Bill 5.13% 09/07/23 12/26/23 Treasury Note 98.746 2,998,733 3,006,816 8,083 (187) 32110YE84 First Nation Bank
America

4.60% 09/21/23 09/21/28 CD 96.948 245,000 237,523 (7,477) 1,544 39573LEM6 Greenstate Credit Union
(79.6%)

5.00% 09/26/23 09/26/28 CD 98.689 195,000 192,463 (2,537) 1,549 291916AB0 Empower Federal Credit
Union (46.94%)

5.10% 09/29/23 09/29/28 CD 99.124 115,000 113,996 (1,004) 1,552 Total 42,903,978$ 41,191,513$

9.F-12Council Agenda 11-7-2023
Attachment 3
Packet Page 66

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.G

SUBJECT/TITLE:

NOTICE OF COMPLETION FOR THE OCEAN BOULEVARD IMPROVEMENTS

PROJECT

RECOMMENDATION:

1. Accept the Ocean Boulevard Improvements Project as complete;

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

BACKGROUND:

On December 21, 2021, the City Council awarded a contract to Granite Construction Company (Granite) for the Ocean Boulevard Improvements Project. The project included repairs to the damaged bluff face and infrastructure along Ocean Boulevard between Morro and Cuyama Avenues as well as improvements to coastal access along Ocean Boulevard between Vista Del Mar and Wawona Avenues.

Conclusion and Recommendation
Granite has completed the contracted services, and the Ocean Boulevard Improvements Project has been completed in accordance with the plans, specifications, and contract documents, however the completion date of the project was 54 days past the contracted end date. Staff has issued a change order imposing liquated damages in the amount of $54,000 in accordance with the terms of the executed project contract. Staff recommends that the City Council accept the project as complete and authorize the Notice of Completion (Attachment 1) to be recorded at the County Clerk’s office.

FISCAL IMPACT:

There is no direct fiscal impact associated with this report, however it should be noted that the project was completed $87,829 below the $5,172,223 awarded contracted amount.

ALTERNATIVES:

1. Since Granite has completed its contractual obligations, the only option recommended is for City Council to approve the Notice of Completion.

ATTACHMENTS:

1. Notice of Completion.

Prepared by: Meeting Date: November 7, 2023
Erin Olsen, Senior Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

9.G-1Council Agenda 11-7-2023
Packet Page 67

RECORDING REQUESTED BY:

WHEN RECORDED, RETURN TO:

CITY CLERK

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

NO TRANSFERORS
This document is recorded for the benefit of the City of Pismo Beach, a Municipal Corporation, and is exempt from fee per Government Code Section 27383.

NOTICE OF COMPLETION AND ACCEPTANCE

FOR THE OCEAN BOULEVARD IMPROVEMENTS PROJECT
NOTICE IS HEREBY GIVEN by the City of Pismo Beach in the County of San Luis Obispo, State of California, as follows:

1.That on the 7th of November 2023, the project hereunder described was considered completed and accepted by the City Council of the City of Pismo Beach.

2.That the description of said project is the construction of the Ocean Boulevard Improvements Project, for the City of Pismo Beach.

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

4.That the name of the owner/contractor on said project is Granite Construction Company, 5335 Debbie Lane, Santa Barbara, CA 93111.

5.The name of the Surety on the project is Travelers Casualty and Surety Company of America, 1 Tower Square, Hartford, CT 06183.

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

Date:

Jorge E. Garcia, City Manager
Attest:

Erica Inderlied, City Clerk

9.G-2Council Agenda 11-7-2023
Attachment 1
Packet Page 68

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.H
SUBJECT/TITLE:

TRAFFIC SAFETY COMMITTEE RECOMMENDATIONS TO CITY COUNCIL RECOMMENDATION:

1. Receive a report on the items considered at the most recent Traffic Safety Committee meeting;

2. Adopt a Resolution authorizing the installation of red curb and “No Parking” signs on Indio Drive and corresponding update to the Striping Atlas.

BACKGROUND:

The Traffic Safety Committee (TSC) met on October 12, 2023, and the following summary outlines the results of the meeting. The Public Works Department will implement the TSC recommendations, unless otherwise directed by the City Council.

Item 1 – Shell Beach Road Path Extension
The TSC reviewed and discussed the proposed Shell Beach Road path extension.

TSC Recommendation
Two options were presented, one showing the path on the ocean side and the other showing the path on the inland side of Shell Beach Road. The TSC recommends locating the path on the ocean side of Shell Beach Road and investigating a curb for a buffered bike lane. Staff will present a more detailed explanation of the options, including the TSC recommendation, and seek Council direction, under a separate report at tonight’s meeting.

Item 2 – Red Curb on Indio Drive
The TSC discussed a request from a resident to install red curb on Indio Drive at the entrance to South Palisades Park.

TSC Recommendation
TSC reviewed the location of the request and determined that in addition to red curb at the entrance to the park, the curb along the dead-end barricade should also be painted red. Staff recommends that instead of painting the curb along the barricade red that “No Parking” signs be installed instead. Staff recommends that the City Council approve the TSC’s recommendation, replacing red curb along the barricade with “No Parking” signs by adoption of a Resolution (Attachment 1). An exhibit is provided as Attachment 1.A.

Item 3 – Commercial Vehicle Parking on Ocean Boulevard
The TSC discussed a request from a resident to review commercial vehicle parking on Ocean Boulevard in front of 2028 Ocean Boulevard.

9.H-1Council Agenda 11-7-2023
Packet Page 69

TSC Recommendation
The committee recommends the City work directly with the local business to ensure parking is in compliance with regulations and to work with the homeowners. No action is required by City Council.

Item 4 – Signage on Price Canyon Road
The TSC discussed a request from a resident to install “Slow Down” signs on Price Canyon Road for vehicles entering the City limits.

TSC Recommendation
The committee recommends this be reviewed with the Bello and Price Canyon Signalization Project. No action is required by City Council.

Conclusion and Recommendation
Staff recommends the City Council adopt a Resolution (Attachment 1) authorizing the painting of red curb on Indio Drive as shown in Attachment 1.A.

FISCAL IMPACT:

There is no fiscal impact associated with receiving this report or implementing the Committee’s recommendation.

ALTERNATIVES:

1. Do not adopt the Resolution; provide alternative direction to staff.

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Indio Drive Red Curb Exhibit Prepared by: Meeting Date: November 7, 2023
Erin Olsen, Senior Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

9.H-2Council Agenda 11-7-2023
Packet Page 70

RESOLUTION NO. R-2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE INSTALLATION OF RED CURB AND “NO PARKING” SIGNS ON INDIO DRIVE AND CORRESPONDING UPDATE TO THE

STRIPING ATLAS
WHEREAS, the south end of Indio Drive dead-ends at South Palisades Park; and WHEREAS, there is pedestrian access to the park on the ocean side of the street; and WHEREAS, there is a vehicular access path on the inland side of the road that is signed with “No Parking”; and
WHEREAS, cars have been found to park on the ocean side of the street or against the dead-end barricade, blocking access to the park.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the installation of red curb and “No Parking” signs on Indio Drive, (as depicted in Exhibit A) and an update to the City’s Curb and Striping Atlas to reflect the change.

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

9.H-3Council Agenda 11-7-2023
Attachment 1
Packet Page 71

Red Curb Indio Drive at S. Palisades Park
10/4/2023 Exhibit D.3B11
ELO

9.H-4Council Agenda 11-7-2023
Attachment 1.A
Packet Page 72

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.I
SUBJECT/TITLE:

PROPOSITION 68 PER CAPITA PROGRAM GRANT FUNDING PASS-THROUGH TO

TEMPLETON COMMUNITY SERVICES DISTRICT
RECOMMENDATION:

Adopt a Resolution authorizing an amendment to Contract No. C9801608 with the State of California to allow the pass through of the City of Pismo Beach Per Capita Grant Fund allocation.

BACKGROUND:

In September of 2020, the City Council authorized the application for state grant funding utilizing the Proposition 68 (Prop 68) Per Capita Program. That round of Prop 68 funding was available to local governments on a per capita basis for local park rehabilitation, creation and improvements. The City of Pismo Beach was eligible for $177,952 in grant funds and intended to use those funds to supplement the project budget for the Dinosaur Caves Park and Price Historical Park Restroom project.

Staff completed the application process and executed Contract No. C9801608 with the State of California in August of 2021. The grant was conditionally approved pending the completion of a 30-year deed restriction on each of the parks. Staff had some concerns regarding possible effects the deed restrictions could have on financing options for future projects such as Central Coast Blue or the Public Safety Facility. After discussions with the City Manager and other staff members, it was decided not to move forward with the deed restrictions, and staff withdrew the application for the Prop 68 funds.

In early October of 2023 the State reached out regarding an opportunity to pass the City’s funds through to another agency within the County. Templeton Community Services District (CSD) is currently seeking additional funds for one of their current projects. In order to complete the pass-through, the State requires a Resolution from each agency’s governing body be completed. Once completed, amendments to each agency’s contract will be executed to move the funds.

Conclusion and Recommendation
Staff recommends the City Council adopt a Resolution (Attachment 1) authorizing an amendment to Contract No. C9801608 with the State of California to allow the pass- through of Per Capita funds to Templeton CSD.

FISCAL IMPACT:

There is no fiscal impact associated with the subject Resolution. Because the contract process was not completed, the grant funds were never appropriated.

9.I-1Council Agenda 11-7-2023
Packet Page 73

ALTERNATIVES:

1. Do not adopt the Resolution; provide staff with direction.

ATTACHMENTS:

1.Resolution
Prepared by: Meeting Date: November 7, 2023
Erin Olsen, Senior Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

9.I-2Council Agenda 11-7-2023
Packet Page 74

RESOLUTION NO. R-2023-XXX

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

CALIFORNIA AUTHORIZING THE CITY OF PISMO BEACH TO ENTER INTO AN AMENDMENT FOR CONTRACT NO. C9801608 WITH THE STATE OF CALIFORNIA

FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA DROUGHT,

WATER, PARKS, CLIMATE, COASTAL PROTECTION AND OUTDOOR ACCESS FOR ALL ACT OF 2018
WHEREAS, in September of 2020, the City Council authorized the City’s application for state grant funding utilizing the Proposition 68 Per Capita Program; the City was eligible for $177,952 in grant funds and intended to use those funds to supplement the project budget for the Dinosaur Caves Park and Price Historical Park Restroom project; and WHEREAS, staff completed the application process and executed Contract No.

C9801608 for funding with the State of California in August of 2021, but ultimately decided not to move forward due to certain conditions of the grant; and WHEREAS, in early October of 2023 the State notified the City of an opportunity to pass through the grant funds to the Templeton Community Services District; and WHEREAS, the City of Pismo Beach will enter into an Amended Contract with the State of California to decrease the City of Pismo Beach Per Capita Grant Fund allocation from $177,952 to $0 to reflect the pass-through of $177,952 to the Templeton Community Services District.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby:

1. Approves the Amendment to Contract No. C9801608 with the State of California under the Per Capita Grant Program under the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018; and

2. Authorizes the Director of Public Works/City Engineer to execute the Amendment on behalf of the City of Pismo Beach.

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:

9.I-3Council Agenda 11-7-2023
Attachment 1
Packet Page 75

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

9.I-4Council Agenda 11-7-2023
Attachment 1
Packet Page 76

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.J
SUBJECT/TITLE:

UNION PACIFIC RAILROAD EASEMENT AGREEMENTS FOR CENTRAL COAST

BLUE PROJECT
RECOMMENDATION:

BACKGROUND:

Central Coast Blue includes construction of approximately two miles of pipeline to convey secondary effluent from the City’s wastewater treatment plant to the new Advanced Water Purification Facility (AWPF) in Grover Beach, reverse osmosis (RO) concentrate and backwash waste from the AWPF to the City’s outfall pipeline, and purified water from the AWPF to the injection well sites.

The pipeline alignments cross Union Pacific Railroad (UPRR) right-of-way at two locations between Highway 1 and South 4th Street in Grover Beach as shown in Figure

1. The first crossing (Crossing A) includes a 24-inch diameter steel casing with a 12-inch diameter purified water pipeline. The second crossing (Crossing B) includes a 42-inch diameter steel casing with an 18-inch diameter secondary effluent pipeline and a 10-inch diameter RO concentrate pipeline. Two separate crossings are required to satisfy regulatory requirements regarding separation of pipelines conveying different water qualities to protect public health (i.e., purified water piping can’t be installed in the same casing as secondary effluent piping).

Figure 1. Central Coast Blue Infrastructure UPRR Crossings Council Agenda 11-7-2023 9.J-1
Packet Page 77

UPRR requires that the City enter into crossing agreements which grant permission to construct, operate, and maintain the Central Coast Blue pipelines within UPRR right-of- way. A separate agreement is required for each crossing with a total license fee of $86,990. The license fee is an eligible Central Coast Blue Program cost that would be shared with Arroyo Grande and Grover Beach, consistent with the provisions of the Cost Share Agreement.

Conclusion and Recommendation
Staff recommends the City Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into two agreements with UPRR for an easement allowing two crossings the UPRR Right of Way for infrastructure for Central Coast Blue.

FISCAL IMPACT:

The fiscal impact of adopting the attached Resolution is a total additional cost of $86,990 across all three Central Coast Blue partner agencies. Of this amount, $33,926.10 is the City of Pismo Beach’s share, including $11,195.61 in the City of Pismo Beach’s Water Enterprise Fund and $22,730.49 in the City’s Wastewater Enterprise Fund.

On March 1, 2022 the City Council approved a Cost Sharing Agreement with the Cities of Arroyo Grande and Grover Beach for costs related to Central Coast Blue. The agreement was approved by the Arroyo Grande City Council on January 25, 2022 and by the Grover Beach City Council on February 15, 2022. Under the agreement, costs for Central Coast Blue will be split between the agencies as follows:
 Pismo Beach 39%
 Grover Beach 36%
 Arroyo Grande 25%

Under this cost sharing agreement, the cities would be responsible for the proposed UPRR agreement as follows:
 Pismo Beach $33,926.10
 Grover Beach $31,316.40
 Arroyo Grande $21,747.50

Of Pismo Beach’s portion, 33%, or $11,195.61, is allocated to the Water Enterprise Fund and 67%, or $22,730.49, is allocated to the Wastewater Enterprise Fund. There are sufficient budgets to support these amounts.

ALTERNATIVES:

1. Do not authorize the Resolution; provide staff with direction.

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Agreement for Crossing A

1.B. Exhibit B to Resolution: Agreement for Crossing B

Council Agenda 11-7-2023 9.J-2
Packet Page 78

Prepared and Submitted by: Meeting Date: November 7, 2023 Benjamin A. Fine, P.E.

Director of Public Works/City Engineer
City Manager Approval:

Council Agenda 11-7-2023 9.J-3
Packet Page 79

RESOLUTION NO. R-2023-XXX

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

CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO TWO

AGREEMENTS WITH UNION PACIFIC RAILROAD (UPRR) FOR EASEMENTS

ALLOWING TWO CROSSINGS OF THE UPRR RIGHT-OF-WAY FOR

INFRASTRUCTURE FOR CENTRAL COAST BLUE
WHEREAS, Central Coast Blue includes construction of approximately two miles of pipeline to convey secondary effluent from the City’s wastewater treatment plant to the new Advanced Water Purification Facility (AWPF) in Grover Beach, reverse osmosis (RO) concentrate and backwash waste from the AWPF to the City’s outfall pipeline, and purified water from the AWPF to the injection well sites; and
WHEREAS, the pipeline alignments cross Union Pacific Railroad (UPRR) right-of-way at two locations between Highway 1 and South 4th Street in Grover Beach; and WHEREAS, two separate crossings are required to satisfy regulatory requirements regarding separation of pipelines conveying different water qualities to protect public health; and
WHEREAS, UPRR requires that the City enter into a crossing agreement for each crossing which grants permission to construct, operate, and maintain the Central Coast Blue pipelines within UPRR right-of-way.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into two agreements (Exhibits A and B) with Union Pacific Railroad (UPRR) for an easement allowing two crossings the UPRR Right of Way for infrastructure for Central Coast Blue.

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
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July 19, 2023
Project: 0790793

CITY OF PISMO BEACH
Re: Proposed One (1) Twelve Inch (12") Plastic Pipe Cased In A Twenty Four Inch (24") Steel Casing For An Underground Water Pipeline Crossing Pipeline Crossing of Railroad Property at Mile Post 261.6 on the Santa Barbara Subdivision at or near Oceano, San Luis Obispo County, California Attached is an original of the agreement covering your use of the Railroad Company’s right of way. Please return the executed agreement via email. For any payment(s), please follow the accompanying instructions.

An original copy of the fully-executed document will be returned to you, when approved and processed by the Railroad Company.
x Payment in the amount of Forty Thousand One Hundred Twenty Dollars ($40,120.00) is due and payable to Union Pacific Railroad Company upon your execution of the agreement. Please include your payment, with Project No. 0790793 noted on that document. If you require formal billing, you may consider this letter as a formal bill and that 946001323 is this Corporation’s correct Federal Taxpayer Identification Number.
x Railroad Protective Liability Insurance (RPLI) may be obtained from any insurance company which offers such coverage. Union Pacific has also worked with a national broker, Marsh USA, to make available RPLI to you or your contractor. You can find additional information, premium quotes, and application forms at (uprr.marsh.com).

If we have not received the executed documents within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void.

If you have any questions, please contact me at [email protected].

Sincerely,
Thomas Leddy
Mgr II Real Estate - Contracts
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Pipeline Crossing 080808 Project No. 0790793
Last Modified: 06/05/18
Form Approved, AVP-Law

PIPELINE CROSSING

AGREEMENT
Mile Post: 261.6, Santa Barbara Subdivision
Location: Oceano, San Luis Obispo County, California
THIS AGREEMENT (“Agreement”) is made and entered into as of July 18, 2023, (“Effective Date”) by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (“Licensor”) and CITY OF PISMO BEACH, to be addressed at 760 Mattie Road, Pismo Beach, California 93449 (“Licensee”).

IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

Article 1. LICENSOR GRANTS RIGHT.

A.In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one (1) twelve inch (12") plastic pipe cased in a twenty four inch (24") steel casing for an underground water pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in Oceano, San Luis Obispo County, State of California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated May 19, 2023, attached hereto as Exhibit A and made a part hereof.

B.Licensee represents and warrants that Licensee's Facilities will (i) only be used for one (1) twelve inch (12") plastic pipe cased in a twenty four inch (24") steel casing for an underground water pipeline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.

C.Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner.

Article 2. LICENSE FEE.

Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Forty Thousand One Hundred Twenty Dollars ($40,120.00).

Article 3. TERM.

This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as provided in the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of Exhibit B.

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Article 4. LICENSEE'S COMPLIANCE WITH GENERAL TERMS.

Licensee represents and warrants that all work on Licensee's Facilities performed by Licensee or its contractors will strictly comply with all terms and conditions set forth herein, including the General Terms and Conditions, attached hereto as Exhibit B and made a part hereof.

Article 5. INSURANCE.

A.During the term of this Agreement, Licensee shall fully comply or cause its contractor(s) to fully comply with the insurance requirements described in Exhibit C, attached hereto and made a part hereof. Upon request only, Licensee shall send copies of all insurance documentation (e.g., certificates, endorsements, etc.) to Licensor at the address listed in the "NOTICES" Section of this Agreement.

B.If Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this Agreement, those statutes shall apply.

Article 6. DEFINITION OF LICENSEE.

For purposes of this Agreement, all references in this Agreement to Licensee will include Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority (collectively, a "Contractor"). If a Contractor is hired by Licensee to perform any work on Licensee's Facilities (including initial construction and subsequent relocation, maintenance, and/or repair work), then Licensee shall provide a copy of this Agreement to its Contractor(s) and require its Contractor(s) to comply with all terms and conditions of this Agreement, including the indemnification requirements set forth in the "INDEMNITY" Section of Exhibit B. Licensee shall require any Contractor to release, defend, and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend, and indemnify Licensor herein.

Article 7. ATTORNEYS’ FEES, EXPENSES, AND COSTS.

If litigation or other court action or similar adjudicatory proceeding is undertaken by Licensee or Licensor to enforce its rights under this Agreement, all fees, costs, and expenses, including, without limitation, reasonable attorneys’ fees and court costs, of the prevailing Party in such action, suit, or proceeding shall be reimbursed or paid by the Party against whose interest the judgment or decision is rendered. The provisions of this Article shall survive the termination of this Agreement.

Article 8. WAIVER OF BREACH.

The waiver by Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by Licensee shall in no way impair the right of Licensor to avail itself of any remedy for any subsequent breach thereof.

Article 9. ASSIGNMENT.

A.Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of Licensor, which must be requested in writing by Licensee. Any assignment or attempted transfer of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without Licensor's written consent, will be absolutely void and may result in Licensor's termination of this Agreement pursuant to the "TERMINATION; REMOVAL OF LICENSEE'S FACILITIES" Section of Exhibit B.

B.Upon Licensor's written consent to any assignment, this Agreement will be binding upon and inure to the benefit of the parties thereto, successors, heirs, and assigns, executors, and administrators.

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Article 10. SEVERABILITY.

Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement.

Article 11. NOTICES.

Except Licensee's commencement of work notice(s) required under Exhibit B, all other notices required by this Agreement must be in writing, and (i) personally served upon the business address listed below ("Notice Address"), (ii) sent overnight via express delivery by a nationally recognized overnight delivery service such as Federal Express Corporation or United Parcel Service to the Notice Address, or (iii) by certified mail, return receipt requested to the Notice Address. Overnight express delivery notices will be deemed to be given upon receipt. Certified mail notices will be deemed to be given three (3) days after deposit with the United States Postal Service.

If to Licensor: Union Pacific Railroad Company
Attn: Analyst – Real Estate Utilities (Project No. 0790793) 1400 Douglas Street, MS 1690
Omaha, Nebraska 68179
If to Licensee: CITY OF PISMO BEACH
760 Mattie Road
Pismo Beach, California 93449
Article 12. SPECIAL PROVISION – CONSTRUCTION OBSERVATION.

Licensor requires Licensee to provide monitoring of tracks and construction observation through Licensor approved observer named below during all construction and installation work.

Licensee is to directly coordinate services with the named inspector:

Railpros Field Services
Email: [email protected]
Phone (682)223-5271
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY CITY OF PISMO BEACH
By: __________________________________ By: __________________________________ Thomas Leddy
Mgr II Real Estate - Contracts
Name Printed: __________________________
Title: _________________________________
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X
90 117.3
61 54.81.5
2 15

6.7 NOTES:
1) ALL DIMENSIONS MEASURED PERPENDICULAR TO THE CENTERLINE OF TRACK 2) REFER TO AREMA VOLUME 1. CHAPTER 1. PART 5. SECTION 5.1

BORED AND JACKED

AT MINIMUM SIGNS WILL BE PROVIDED AS STATED ABOVE

PLASTIC NA

PURIFIED WASTEWATER
100 100
17 12
NO

STEEL PIPE NA
117.3

0.375 24
NO
SEALED
60 53.8

MAINLINE TRACK

35.11083333
-120.62416667

OCEANO SAN LUIS OBISPO CA
0790793 05/19/2023

CITY OF PISMO BEACH

NON-FLAMMABLE LIQUID

PIPELINE
✔
3167 2113
4197
50 26
1 26
2 Grand Ave. C/L 50
(ES: 9870+30)
50 48.5
NANA
NA
Santa Barbara Sub.

MAINLINE
261.60
9912+27
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Pipeline Crossing 06/05/18
Form Approved, AVP Law

EXHIBIT B

GENERAL TERMS AND CONDITIONS
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.

A. The foregoing grant is subject and subordinate to the prior and continuing right and obligation of Licensor to use and maintain its entire property including the right and power of Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Licensor without liability to Licensee or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad Property) and the right of Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. It shall be Licensee's sole obligation to obtain such additional permission, license and grants necessary on account of any such existing rights.

Section 2. ENGINEERING REQUIREMENTS; PERMITS.

A.Licensee's Facilities will be designed, constructed, operated, maintained, repaired, renewed, modified, reconstructed, removed, or abandoned in place on Railroad Property by Licensee or its contractor to Licensor's satisfaction and in strict conformity with: (i) Licensor’s current engineering standards and specifications, including those for shoring and cribbing to protect Licensor's railroad operations and facilities ("UP Specifications"), except for variances approved in advance in writing by Licensor’s Assistant Vice President Engineering – Design or its authorized representative ("UP Engineering Representative"); (ii) such other additional safety standards as Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"); and (iii) all applicable laws, rules, and regulations, including any applicable Federal Railroad Administration and Federal Energy Regulatory Commission regulations and enactments (collectively, "Laws"). If there is any conflict between UP Specifications, UP Additional Requirements, and Laws, the most restrictive will apply.

B. Licensee shall keep the soil over Licensee's Facilities thoroughly compacted, and maintain the grade over and around Licensee's Facilities even with the surface of the adjacent ground.

C. If needed, Licensee shall secure, at Licensee's sole cost and expense, any and all necessary permits required to perform any work on Licensee's Facilities.

Section 3. NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES.

A. Licensee and its contractors are strictly prohibited from commencing any work associated with Licensee's Facilities without Licensor's written approval that the work will be in strict compliance with the "ENGINEERING REQUIREMENTS; PERMITS" Section of this Exhibit B. Upon Licensor's approval, Licensee shall contact both of Licensor's field representatives ("Licensor's Field Representatives") at least ten (10) days before commencement of any work on Licensee's Facilities.

B. Licensee shall not commence any work until: (1) Licensor has determined whether flagging or other special protective or safety measures ("Safety Measures") are required for performance of the work pursuant to the "FLAGGING" Section of this Exhibit B and provided Licensee written Attachment 1.A
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authorization to commence work; and (2) Licensee has complied with the "PROTECTION OF FIBER OPTIC CABLE SYSTEMS" Section of this Exhibit B.

C. If, at any time, an emergency arises involving Licensee's Facilities, Licensee or its contractor shall immediately contact Licensor's Response Management Communications Center at (888) 877-7267.

Section 4. FLAGGING.

A. Following Licensee's notice to Licensor's Field Representatives required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensor shall inform Licensee if Safety Measures are required for performance of the work by Licensee or its contractor on Railroad Property. If Safety Measures are required, no work of any kind may be performed by Licensee or its contractor(s) until arrangements for the Safety Measures have been made and scheduled. If no Safety Measures are required, Licensor will give Licensee written authorization to commence work.

B. If any Safety Measures are performed or provided by Licensor, including but not limited to flagging, Licensor shall bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state, or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state, or local governmental entity. Additional information regarding the submission of such expenses by Licensor and payment thereof by Licensee can be found in the "LICENSEE’S PAYMENT OF EXPENSES" Section of this Exhibit B. If Licensor performs any Safety Measures, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement.

C. For flagging, the rate of pay per hour for each flagger will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage, and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges.

D. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagger is furnished, unless the flagger can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagger is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flaggers following the flaggers' assignment to work on the project for which Licensor is required to pay the flaggers and which could not reasonably be avoided by Licensor by assignment of such flaggers to other work, even though Licensee may not be working during such time.

When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagger. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the days the flagger was scheduled, even though flagging is no longer required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor.

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Section 5. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any work on Railroad Property performed by Licensee or its contractor, and takes precedence over any work on Licensee's Facilities to be performed Licensee or its contractors. Licensee shall be responsible for initiating, maintaining and supervising all safety operations and programs in connection with any work on Licensee's Facilities. Licensee and its contractor shall, at a minimum comply, with Licensor's then current safety standards located at the below web address ("Licensor's Safety Standards") to ensure uniformity with the safety standards followed by Licensor's own forces.

As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's Safety Standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Licensor's Safety Standards to each of its employees before they enter Railroad Property.

Union Pacific Current Safety Requirements
B. Licensee shall keep the job site on Railroad Property free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the work.

C. Licensee represents and warrants that all parts of Licensee's Facilities within and outside of the limits of Railroad Property will not interfere whatsoever with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of Licensor, and nothing shall be done or suffered to be done by Licensee at any time that would in any manner impair the safety thereof.

D. Licensor's operations and work performed by Licensor’s personnel may cause delays in Licensee's or its contractor's work on Licensee's Facilities. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee must coordinate any work on Railroad Property by Licensee or any third party with Licensor's Field Representatives in strict compliance with the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B.

E. Licensor shall have the right, if it so elects, to provide any support it deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, repair, renewal, modification, relocation, reconstruction, or removal of Licensee's Facilities. In the event Licensor provides such support, Licensor shall invoice Licensee, and Licensee shall pay Licensor as set forth in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B.

F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities only upon the prior authorization from and under the direction of Licensor's Field Representatives.

Licensee represents and warrants that its use of UAS on Railroad Property will comply with Licensor's then-current Unmanned Aerial Systems Policy and all applicable laws, rules and regulations, including any applicable Federal Aviation Administration regulations and enactments pertaining to UAS.

Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

Fiber optic cable systems may be buried on Railroad Property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. In addition to the notifications required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad Property to be used by Licensee. If it is, Licensee shall telephone the telecommunications company(ies) involved, and arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee’s expense, and will not commence any work on Railroad Property until all such protection or relocation has been completed.

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Section 7. LICENSEE'S PAYMENT OF EXPENSES.

A. Licensee shall bear the entire cost and expense of the design, construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities.

B.Licensee shall fully pay for all materials joined, affixed to and labor performed on Railroad Property in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, and shall not permit or suffer any mechanic’s or materialman’s lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of Licensee. Licensee shall promptly pay or discharge all taxes, charges, and assessments levied upon, in respect to, or on account of Licensee's Facilities, to prevent the same from becoming a charge or lien upon any property of Licensor, and so that the taxes, charges, and assessments levied upon or in respect to such property shall not be increased because of the location, construction, or maintenance of Licensee's Facilities or any improvement, appliance, or fixture connected therewith placed upon such property, or on account of Licensee’s interest therein. Where such tax, charge, or assessment may not be separately made or assessed to Licensee but shall be included in the assessment of the property of Licensor, then Licensee shall pay to Licensor an equitable proportion of such taxes determined by the value of Licensee’s property upon property of Licensor as compared with the entire value of such property.

C. As set forth in the "FLAGGING" Section of this Exhibit B, Licensor shall have the right, if it so elects, to provide any Safety Measures Licensor deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, including, but not limited to supervision, inspection, and flagging services. In the event Licensor provides such Safety Measures, Licensor shall submit an itemized invoice to Licensee's notice recipient listed in the "NOTICES" Article of this Agreement. Licensee shall pay to Licensor the total amount listed on such invoice within thirty (30) days of Licensee's receipt of such invoice.

Section 8. MODIFICATIONS TO LICENSEE'S FACILITIES.

A.This grant is subject to Licensor's safe and efficient operation of its railroad, and continued use and improvement of Railroad Property (collectively, "Railroad's Use"). Accordingly, Licensee shall, at its sole cost and expense, modify, reconstruct, repair, renew, revise, relocate, or remove (individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities as Licensor may designate or identify, in its sole discretion, in the furtherance of Railroad's Use.

B. Upon any Modification of all or any portion of Licensee's Facilities to another location on Railroad Property, Licensor and Licensee shall execute a Supplemental Agreement to this Pipeline Agreement to document the Modification(s) to Licensee's Facilities on Railroad Property. If the Modifications result in Licensee's Facilities moving off of Railroad Property, this Agreement will terminate upon Licensee's completion of such Modification(s) and all requirements contained within the "TERMINATION; REMOVAL OF LICENSEE’S FACILITIES" Section of this Exhibit B. Any such Modification(s) off of Railroad Property will not release Licensee from any liability or other obligation of Licensee arising prior to and upon completion of any such Modifications to the Licensee's Facilities.

Section 9. RESTORATION OF RAILROAD PROPERTY.

In the event Licensee, in any manner moves or disturbs any property of Licensor in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, then, Licensee shall, as soon as possible and at Licensee’s sole cost
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and expense, restore Licensor’s property to the same condition as the same were before such property was moved or disturbed.

Section 10. INDEMNITY.

A.Definitions. As used in this Section:

1. "Licensor" includes Licensor, its affiliates, its and their officers, directors, agents and employees, and other railroad companies using Railroad Property at or near the location of Licensee’s installation and their officers, directors, agents, and employees.

2. "Licensee" includes Licensee and its agents, contractors, subcontractors, sub- subcontractors, employees, officers, and directors, or any other person or entity acting on its behalf or under its control.

3. "Loss" includes claims, suits, taxes, loss, damages (including punitive damages, statutory damages, and exemplary damages), costs, charges, assessments, judgments, settlements, liens, demands, actions, causes of action, fines, penalties, interest, and expenses of any nature, including court costs, reasonable attorneys’ fees and expenses, investigation costs, and appeal expenses.

B.Licensee shall release, defend, indemnify, and hold harmless Licensor from and against any and all Loss, even if groundless, fraudulent, or false, that directly or indirectly arises out of or is related to Licensee’s construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, removal, presence, use, or operation of Licensee's Facilities, including, but not limited to, any actual or alleged:

1.Bodily harm or personal injury (including any emotional injury or disease) to, or the death of, any person(s), including, but not limited to, Licensee, Licensor, any telecommunications company, or the agents, contractors, subcontractors, sub-subcontractors, or employees of the foregoing;

2.Damage to or the disturbance, loss, movement, or destruction of Railroad Property, including loss of use and diminution in value, including, but not limited to, any telecommunications system(s) or fiber optic cable(s) on or near Railroad Property, any property of Licensee or Licensor, or any property in the care, custody, or control of Licensee or Licensor;

3.Removal of person(s) from Railroad Property;

4.Any delays or interference with track or Railroad’s Use caused by Licensee's activity(ies) on Railroad Property, including without limitation the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities or any part thereof, any activities, labor, materials, equipment, or machinery in conjunction therewith;

5.Right(s) or interest(s) granted pursuant to this Agreement;

6.Contents escaping from Licensee's Facilities, including without limitation any actual or alleged pollution, contamination, breach, or environmental Loss; Attachment 1.A
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7.Licensee’s breach of this Agreement or failure to comply with its provisions, including, but not limited to, any violation or breach by Licensee of any representations and warranties Licensee has made in this Agreement; and

8.Violation by Licensee of any law, statute, ordinance, governmental administrative order, rule, or regulation, including without limitation all applicable Federal Railroad Administration regulations.

C.THE FOREGOING OBLIGATIONS SHALL APPLY TO THE FULLEST EXTENT

PERMITTED BY LAW FOR THE BENEFIT OF LICENSOR TO LOSSES CAUSED BY, ARISING

FROM, RELATING TO, OR RESULTING FROM, IN WHOLE OR IN PART, THE NEGLIGENCE OF

LICENSOR, AND SUCH NEGLIGENCE OF LICENSOR SHALL NOT LIMIT, DIMINISH, OR PRECLUDE LICENSEE’S OBLIGATIONS TO LICENSOR IN ANY RESPECT.

NOTWITHSTANDING THE FOREGOING, SUCH OBLIGATION TO INDEMNIFY LICENSOR

SHALL NOT APPLY TO THE EXTENT THE LOSS IS CAUSED BY THE SOLE, ACTIVE AND

DIRECT NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF LICENSOR AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION.

Section 11. TERMINATION; REMOVAL OF LICENSEE'S FACILITIES.

A.If Licensee does not use the right herein granted on Licensee's Facilities for one (1) year, or if Licensee continues in default in the performance of any provision of this Agreement for a period of thirty (30) days after written notice from Licensor to Licensee specifying such default, Licensor may, at its sole discretion, terminate this Agreement by written notice to Licensee at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

B.In addition to the provisions of Paragraph "A" above, this Agreement may be terminated by written notice given by either party, without cause, upon thirty (30) days written notice to the non-terminating party at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

C. Prior to the effective date of any termination described in this Section, Licensee shall submit an application to Licensor's online Utility Contracts System at this link for Licensee's removal, or if applicable, abandonment in place of Licensee's Facilities located on Railroad Property ("Removal/Abandonment Work"). Upon the UP Engineering Representative's approval of Licensee's application for the Removal/Abandonment Work, Licensor and Licensee shall execute a separate consent document that will govern Licensee's performance of the Removal/Abandonment Work from those portions of Railroad Property not occupied by roadbed and/or trackage ("Consent Document"). Licensee shall then restore the impacted Railroad Property to the same or reasonably similar condition as it was prior to Licensee's installation of Licensee's Facilities. For purposes of this Section, Licensee's (i) performance of the Removal/Abandonment Work, and (ii) restoration work will hereinafter be collectively referred to as the "Restoration Work".

D.Following Licensee's completion of the Restoration Work, Licensee shall provide a written certification letter to Licensor at the address listed in the "NOTICES" Article of this Agreement which certifies that the Restoration Work has been completed in accordance with the Consent Document. Licensee shall report to governmental authorities, as required by law, and notify Licensor immediately if any environmental contamination is discovered during Licensee's performance of the Restoration Work. Upon discovery, the Licensee shall initiate any and all removal, remedial and restoration actions that are necessary to restore the property to its original, uncontaminated condition.

Licensee shall provide written certification to Licensor at the address listed in the "NOTICES" Article of this Agreement that environmental contamination has been remediated and the property has been Attachment 1.A
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restored in accordance with Licensor's requirements. Upon Licensor's receipt of Licensee's restoration completion certifications, this Agreement will terminate.

E. In the event that Licensee fails to complete any of the Restoration Work, Licensor may, but is not obligated, to perform the Restoration Work. Any such work actually performed by Licensor will be at the cost and expense of Licensee. In the event that Licensor performs any of the Restoration Work, Licensee shall release Licensor from any and all Loss (defined in the "INDEMNITY" Section of this Exhibit B) arising out of or related to Licensor's performance of the Restoration Work.

F. Termination of this Agreement for any reason will not affect any of rights or obligations of the parties which may have accrued, or liabilities or Loss (defined in the "INDEMNITY" Section of this Exhibit B), accrued or otherwise, which may have arisen prior to such termination.

Attachment 1.A
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EXHIBIT C

INSURANCE REQUIREMENTS
In accordance with Article 5 of this Agreement, Licensee shall (1) procure and maintain at its sole cost and expense, or (2) require its Contractor(s) to procure and maintain, at their sole cost and expense, the following insurance coverage:

A.Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000.

CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
x Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

B.Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non-owned autos).

The policy must contain the following endorsements, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE:
x "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site.

C.Workers' Compensation and Employers' Liability Insurance. Coverage must include but not be limited to:
x Licensee’s statutory liability under the workers' compensation laws of the state(s) affected by this Agreement.
x Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Licensee is self-insured, evidence of state approval and excess workers' compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

D.Environmental Liability Insurance. Environmental Legal Liability Insurance (ELL) applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims, or compliance with statute, all in connection with any loss arising from the insured’s performance under this Agreement. Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance must apply as if each named insured were the only named insured; and separately to the additional insured against which claim is made or suit is brought. Coverage shall be maintained in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $4,000,000.

Licensee warrants that any retroactive date applicable to ELL insurance coverage under the policy is the same as or precedes the Effective Date of this Agreement, and that continuous coverage Attachment 1.A
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will be maintained for a period of five (5) years beginning from the time the work under this Agreement is completed or if coverage is cancelled for any reason the policies extended discovery period, if any, will be exercised for the maximum time allowed.

E. Railroad Protective Liability Insurance. Licensee must maintain for the duration of work "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this Agreement. Notwithstanding the foregoing, Licensee does not need Railroad Protective Liability Insurance after its initial construction work is complete and all excess materials have been removed from Licensor's property; PROVIDED, however, that Licensee shall procure such coverage for any subsequent maintenance, repair, renewal, modification, reconstruction, or removal work on Licensee's Facilities.

F. Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, and these policies must "follow form" and afford no less coverage than the primary policy.

Other Requirements
G. All policy(ies) required above (except business automobile, workers' compensation and employers' liability) must include Licensor as "Additional Insured" using ISO Additional Insured Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). The coverage provided to Licensor as additional insured shall not be limited by Licensee’s liability under the indemnity provisions of this Agreement. BOTH LICENSOR AND LICENSEE EXPECT THAT LICENSOR

WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed.

I. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Licensor and its agents, officers, directors and employees for damages covered by the workers' compensation and employers' liability or commercial umbrella or excess liability obtained by Licensee required in this Agreement, where permitted by law. This waiver must be stated on the certificate of insurance.

J. All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed.

K. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage.

Attachment 1.A
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September 27, 2023
Project: 0790794

CITY OF PISMO BEACH
Re: Proposed One (1) Eighteen Inch (18") Plastic Pipe And One (1) Ten Inch (10") Plastic Pipe Cased In A Forty Two Inch (42") Steel Casing For An Underground Water Pipeline Crossing Pipeline Crossing of Railroad Property at Mile Post 261.6 on the Santa Barbara Subdivision at or near Grover, San Luis Obispo County, California
Attached is an original of the agreement covering your use of the Railroad Company’s right of way. Please return the executed agreement via email. For any payment(s), please follow the accompanying instructions.

An original copy of the fully-executed document will be returned to you, when approved and processed by the Railroad Company.
x Payment in the amount of Forty Six Thousand Eight Hundred Seventy Dollars ($46,870.00) is due and payable to Union Pacific Railroad Company upon your execution of the agreement. Please include your payment, with Project No. 0790794 noted on that document. If you require formal billing, you may consider this letter as a formal bill and that 946001323 is this Corporation’s correct Federal Taxpayer Identification Number.
x Railroad Protective Liability Insurance (RPLI) may be obtained from any insurance company which offers such coverage. Union Pacific has also worked with a national broker, Marsh USA, to make available RPLI to you or your contractor. You can find additional information, premium quotes, and application forms at (uprr.marsh.com).

If we have not received the executed documents within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void.

If you have any questions, please contact me at [email protected].

Sincerely,
Thomas Leddy
Mgr II Real Estate - Contracts
Attachment 1.B
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Packet Page 95

Pipeline Crossing 080808 Project No. 0790794
Last Modified: 06/05/18
Form Approved, AVP-Law

PIPELINE CROSSING

AGREEMENT
Mile Post: 261.6, Santa Barbara Subdivision
Location: Grover, San Luis Obispo County, California
THIS AGREEMENT (“Agreement”) is made and entered into as of September 27, 2023, (“Effective Date”) by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (“Licensor”) and CITY OF PISMO BEACH, to be addressed at 760 Mattie Road, Pismo Beach, California 93449 (“Licensee”).

IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

Article 1. LICENSOR GRANTS RIGHT.

A.In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one (1) eighteen inch (18") plastic pipe and one (1) ten inch (10") plastic pipe cased in a forty two inch (42") steel casing for an underground water pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor’s real property, trackage, or other facilities located in Grover, San Luis Obispo County, State of California ("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated July 21, 2023, attached hereto as Exhibit A and made a part hereof.

B.Licensee represents and warrants that Licensee's Facilities will (i) only be used for one (1) eighteen inch (18") plastic pipe and one (1) ten inch (10") plastic pipe cased in a forty two inch (42") steel casing for an underground water pipeline crossing, and (ii) not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement.

Article 2. LICENSE FEE.

Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Forty Six Thousand Eight Hundred Seventy Dollars ($46,870.00).

Article 3. TERM.

Attachment 1.B
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Article 4. LICENSEE'S COMPLIANCE WITH GENERAL TERMS.

Article 5. INSURANCE.

B.If Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this Agreement, those statutes shall apply.

Article 6. DEFINITION OF LICENSEE.

Article 7. ATTORNEYS’ FEES, EXPENSES, AND COSTS.

Article 8. WAIVER OF BREACH.

Article 9. ASSIGNMENT.

Attachment 1.B
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Article 10. SEVERABILITY.

Article 11. NOTICES.

If to Licensor: Union Pacific Railroad Company
Attn: Analyst – Real Estate Utilities (Project No. 0790794) 1400 Douglas Street, MS 1690
Omaha, Nebraska 68179
If to Licensee: CITY OF PISMO BEACH
760 Mattie Road
Pismo Beach, California 93449
Article 12. SPECIAL PROVISION – CONSTRUCTION OBSERVATION.

Licensor requires Licensee to provide monitoring of tracks and construction observation through Licensor approved observer named below during all construction and installation work.

Licensee is to directly coordinate services with the named inspector:

Railpros Field Services
Email: [email protected]
Phone (682)223-5271
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written.

3157 2123
4187
26 1
26 2
Grand Ave. C/L
(ES: 9870+30)
50 48.2
NANA
NA
*A single 42" steel casing pipe will contain both an 18" wastewater carrier (A-1) as well as a 10" wastewater carrier (A-2).* - 1
Santa Barbara Sub.

MAINLINE
261.60
9912+17
Attachment 1.B
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3157 2123
4187
26 1
26 2
Grand Ave. C/L
(ES: 9870+30)
50 48.2
NANA
NA
*A single 42" steel casing pipe will contain both an 18" wastewater carrier (A-1) as well as a 10" wastewater carrier (A-2).*

PLASTIC
WASTEWATER - 2100100

0.653
NO
10 Santa Barbara Sub.

MAINLINE
261.60
9912+17
Attachment 1.B
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Pipeline Crossing 06/05/18
Form Approved, AVP Law

EXHIBIT B

GENERAL TERMS AND CONDITIONS
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.

Section 2. ENGINEERING REQUIREMENTS; PERMITS.

B. Licensee shall keep the soil over Licensee's Facilities thoroughly compacted, and maintain the grade over and around Licensee's Facilities even with the surface of the adjacent ground.

C. If needed, Licensee shall secure, at Licensee's sole cost and expense, any and all necessary permits required to perform any work on Licensee's Facilities.

Section 3. NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES.

authorization to commence work; and (2) Licensee has complied with the "PROTECTION OF FIBER OPTIC CABLE SYSTEMS" Section of this Exhibit B.

C. If, at any time, an emergency arises involving Licensee's Facilities, Licensee or its contractor shall immediately contact Licensor's Response Management Communications Center at (888) 877-7267.

Section 4. FLAGGING.

Attachment 1.B
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Section 5. SAFETY.

F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities only upon the prior authorization from and under the direction of Licensor's Field Representatives.

Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

Attachment 1.B
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Section 7. LICENSEE'S PAYMENT OF EXPENSES.

A. Licensee shall bear the entire cost and expense of the design, construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities.

Section 8. MODIFICATIONS TO LICENSEE'S FACILITIES.

Section 9. RESTORATION OF RAILROAD PROPERTY.

and expense, restore Licensor’s property to the same condition as the same were before such property was moved or disturbed.

Section 10. INDEMNITY.

A.Definitions. As used in this Section:

3.Removal of person(s) from Railroad Property;

5.Right(s) or interest(s) granted pursuant to this Agreement;

C. THE FOREGOING OBLIGATIONS SHALL APPLY TO THE FULLEST EXTENT

PERMITTED BY LAW FOR THE BENEFIT OF LICENSOR TO LOSSES CAUSED BY, ARISING

FROM, RELATING TO, OR RESULTING FROM, IN WHOLE OR IN PART, THE NEGLIGENCE OF

LICENSOR, AND SUCH NEGLIGENCE OF LICENSOR SHALL NOT LIMIT, DIMINISH, OR PRECLUDE LICENSEE’S OBLIGATIONS TO LICENSOR IN ANY RESPECT.

NOTWITHSTANDING THE FOREGOING, SUCH OBLIGATION TO INDEMNIFY LICENSOR

SHALL NOT APPLY TO THE EXTENT THE LOSS IS CAUSED BY THE SOLE, ACTIVE AND

DIRECT NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF LICENSOR AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION.

Section 11. TERMINATION; REMOVAL OF LICENSEE'S FACILITIES.

A. If Licensee does not use the right herein granted on Licensee's Facilities for one (1) year, or if Licensee continues in default in the performance of any provision of this Agreement for a period of thirty (30) days after written notice from Licensor to Licensee specifying such default, Licensor may, at its sole discretion, terminate this Agreement by written notice to Licensee at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

B. In addition to the provisions of Paragraph "A" above, this Agreement may be terminated by written notice given by either party, without cause, upon thirty (30) days written notice to the non-terminating party at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of this Section found below.

D. Following Licensee's completion of the Restoration Work, Licensee shall provide a written certification letter to Licensor at the address listed in the "NOTICES" Article of this Agreement which certifies that the Restoration Work has been completed in accordance with the Consent Document. Licensee shall report to governmental authorities, as required by law, and notify Licensor immediately if any environmental contamination is discovered during Licensee's performance of the Restoration Work. Upon discovery, the Licensee shall initiate any and all removal, remedial and restoration actions that are necessary to restore the property to its original, uncontaminated condition.

restored in accordance with Licensor's requirements. Upon Licensor's receipt of Licensee's restoration completion certifications, this Agreement will terminate.

Attachment 1.B
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EXHIBIT C

A.Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000.

CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

D. Environmental Liability Insurance. Environmental Legal Liability Insurance (ELL) applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims, or compliance with statute, all in connection with any loss arising from the insured’s performance under this Agreement. Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance must apply as if each named insured were the only named insured; and separately to the additional insured against which claim is made or suit is brought. Coverage shall be maintained in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $4,000,000.

E.Railroad Protective Liability Insurance. Licensee must maintain for the duration of work "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this Agreement. Notwithstanding the foregoing, Licensee does not need Railroad Protective Liability Insurance after its initial construction work is complete and all excess materials have been removed from Licensor's property; PROVIDED, however, that Licensee shall procure such coverage for any subsequent maintenance, repair, renewal, modification, reconstruction, or removal work on Licensee's Facilities.

F.Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, and these policies must "follow form" and afford no less coverage than the primary policy.

Other Requirements
G.All policy(ies) required above (except business automobile, workers' compensation and employers' liability) must include Licensor as "Additional Insured" using ISO Additional Insured Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). The coverage provided to Licensor as additional insured shall not be limited by Licensee’s liability under the indemnity provisions of this Agreement. BOTH LICENSOR AND LICENSEE EXPECT THAT LICENSOR

WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26.

H.Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed.

I.Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Licensor and its agents, officers, directors and employees for damages covered by the workers' compensation and employers' liability or commercial umbrella or excess liability obtained by Licensee required in this Agreement, where permitted by law. This waiver must be stated on the certificate of insurance.

J.All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed.

K.The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage.

Attachment 1.B
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.K
SUBJECT/TITLE:

AMENDMENT #2 TO THE AGREEMENT WITH HUNTER SMITH & ASSOCIATES, INC.

FOR THE CHAPMAN ESTATE ADA RESTROOM REMODEL AND ADDITION

PROJECT
RECOMMENDATION:

BACKGROUND:

The Chapman Estate is a unique property that was accepted by the City Council in 2013.

Since that time, the City has been performing work to make the Estate available for event rentals, including a new roof, electrical repairs, railing installation, ADA walkway construction and some siding repairs. On January 17, 2023, the City Council awarded a contract to Jack Handley Construction Services (Jack Handley) for the construction of an ADA Restroom at the Estate. Contracts with Hunter Smith & Associates, Inc. (Hunter Smith) for construction management and MDN Engineering, LLP (MDN) for engineering support services were executed under the City Manager’s authority. On August 1, 2023, Council authorized a construction change order with Jack Handley and contract amendments with both Hunter Smith and MDN due to issues that had arisen during construction of the project.

Since that time, discovery of unknown existing conditions for the Chapman Estate has required Hunter Smith to complete additional tasks outside the current scope of work.

This expanded scope has also lengthened the project schedule, requiring additional construction management services. Hunter Smith has provided a cost proposal to cover the increased work of $26,597.17. The total contract cost including the proposed Amendment #2 is $86,597.17. Hunter Smith has confirmed that the proposed amendment will cover the additional work that has been performed to date as well as through project completion.

Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute Amendment #2 (Attachment 1.A) to the existing Hunter Smith contract to cover the additional work that has been performed and bring the project to completion.

FISCAL IMPACT:

The fiscal impact of adopting the subject Resolution is $26,597.17 from the Chapman Estate Fund. The current Fiscal Year (FY) 2024 budget is $353,378 in the Chapman Estate Fund. The current budget includes contingency funds for the ADA Restroom

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Remodel and Addition project as well as funds for the window replacement at the Chapman Estate. Because the windows are no longer being donated, that project is not moving forward and those funds are available to support the ADA Restroom Remodel and Addition project.

FY 2024 Chapman Estate Fund Project Budget $353,378.00
Proposed FY 2024 Costs
Proposed Hunter Smith Amendment #2 $26,597.17
Remaining Available Budget $326,780.83
ALTERNATIVES:

1. Do not approve Amendment #2; provide staff with direction.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Proposed Hunter Smith Amendment #2 Prepared by: Meeting Date: November 7, 2023
Erin Olsen, Senior Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

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RESOLUTION NO. R-2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #2

TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH HUNTER SMITH & ASSOCIATES, INC. IN THE AMOUNT OF $26,597.17 FOR

CONSTRUCTION MANAGEMENT SERVICES FOR THE CHAPMAN ESTATE ADA

RESTROOM AND REMODEL PROJECT
WHEREAS, the City has been performing work to make the Chapman Estate available for event rentals including construction of an ADA Restroom at the Estate; and WHEREAS, a contract with Hunter Smith & Associates, Inc. (Hunter Smith) for construction management was executed under the City Manager’s authority for the ADA Restroom and Remodel Project; and
WHEREAS, on August 1, 2023 Council authorized Amendment #1 with Hunter Smith due to issues that had arisen during construction of the project; and WHEREAS, since that time, discovery of unknown existing conditions for the Chapman Estate has required Hunter Smith to complete additional tasks outside the current scope of work and lengthened the overall project schedule; and WHEREAS, Hunter Smith has provided a cost proposal to cover the increased work that has been performed to date and will cover their services through project completion.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #2 to the existing Professional Services Agreement with Hunter Smith & Associates, Inc. in the amount of $26,597.17 for Construction Management Services for the Chapman Estate ADA Restroom and Remodel Project (Exhibit A).

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of November 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

9.K-3Council Agenda 11-7-2023
Attachment 1
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AMENDMENT # 2
to the
FEBRUARY 17, 2023 AGREEMENT BETWEEN THE CITY OF PISMO BEACH AND HUNTER SMITH & ASSOCIATES, INC.

Pursuant to the February 17, 2023 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and Hunter Smith & Associates, Inc., hereinafter referred to as “Vendor,” City and Vendor hereby agree as follows:

1.Additional services shall be performed as set forth in the proposal dated October 30, 2023, which is attached hereto and by this reference made a part hereof.

2.Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of twenty-six thousand five hundred ninety-seven dollars and seventeen cents ($26,597.17), without prior written approval of the City.

3.The revised fee under the February 17, 2023 contract, plus addenda 1-2, is eighty-six thousand five hundred ninety-seven dollars and seventeen cents ($86,597.17).

4.All other provisions of the Construction Management Services – Chapman ADA Restroom agreement between City and Vendor shall remain in full force and effect.

CITY:

City of Pismo Beach, a Municipal Corporation
Signed:

Name: Benjamin A. Fine, P.E.

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

Name: Jorge E. Garcia
Title: City Manager
Dated: ________________________________
ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:

Signed:

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

Hunter Smith & Associates, Inc.

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
(if changed from prior agreement)
______________________________________
______________________________________
Email address for official communications:
(if changed from prior agreement)
______________________________________
Vendor Representative:
(if changed from prior agreement)
Name/Title: ____________________________
Attachment: Scope/Cost Proposal

9.K-4Council Agenda 11-7-2023
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October 30, 2023
To: Mike Nickerson
[email protected]
(805) 550-6545
From: Logan Hunter
[email protected]
(805) 548-1002
Re: Requested Ammendment to the Chapman Estate Construction Management Contract (PO# 0000001494)
Mike,
The following request for additional funds is the result of an expanded scope of work and the identification of unknown (and unknowable) existing conditions for the Chapman Estate Accessible Restroom Remodel and Addition. The expanded scope of work has lengthened the project schedule, and will result in additional costs for extended construction management services.

Additional services performed to date include the following, some of which constitutes design work outside the typical scope of a Construction Management contract:
● Complete an updated foundation and framing plan to account for the defects along the kitchen wall
● Shoring plan
● Utility plan updates
● Corrections to the original dimensional floor plan and interior elevations to ensure ADA compliance
● Corrections to the electrical lighting and power plans. ● Awning design over side door
● HVAC replacement design

COMPENSATION
Continued Construction Management services and the plans necessary for the exterior awning will be billed at the hourly rates indicated below. Total additional services will not exceed $26,597.17 without prior approval.

9.K-5Council Agenda 11-7-2023
Attachment 1.A
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Purchase Order Summary
Contract Value:$40,000
Amendment 1:$20,000
Requested Amendment 2: $26,597.17
TOTAL:$86,597.17
Billed to Date:($67,584.17)
Work In Progress:($13,163.00)
BALANCE REMAINING: $5,850
Hourly Billing Rates (Unchanged from original contract.) Principal Architect - $225
Architectural Designer - $175
Thank you. Please contact me if you have any questions or concerns. We look forward to finishing this project to improve the Chapman Estate.

Sincerely,
Logan Hunter
860 Walnut Street, Suite B. San Luis Obispo CA 93401 | (O) (805) 544-3380

9.K-6Council Agenda 11-7-2023
Attachment 1.A
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.L

SUBJECT/TITLE:

UPDATES ADVISORY BODY BYLAWS AND HANDBOOK

RECOMMENDATION:

1. Adopt a Resolution adopting revised Bylaws for the Conference and Visitors Bureau Board; rescinding Resolution R-2020-011;

2. Adopt a Resolution adopting revised Bylaws for the Parking Advisory Committee; rescinding Resolution R-2020-012;

3. Adopt a Resolution adopting revised Bylaws for the Parks, Recreation and Beautification Commission; rescinding Resolution R-2020-013;

4. Adopt a Resolution adopting revised Bylaws for the Planning Commission; rescinding Resolution R-2020-014.

5. Adopt a Resolution adopting an updated Pismo Beach Advisory Body Handbook; rescinding Resolutions R-2020-015.

BACKGROUND:

The City Council last amended its Advisory Body policies in December 2020. Among other updates made at that time, eligibility requirements for all bodies were updated to reflect the requirements of Senate Bill 225, relating to the citizenship status of applicants for appointive civil office. Advisory Body Bylaws are typically brought to each Advisory Body for review, and resulting recommendations forwarded to the City Council, approximately every two years.

Routine Bylaw Amendments
Staff sought the recommendation of each Advisory Body on its Bylaws in spring of 2023.

Among other items, staff recommended that each body review its purpose and duties statements; review its absence policy; and enact a target end time for its meetings, for parity with the City Council’s practice.

The resulting recommendations are outlined below:

Parks, Recreation and Beautification Commission (PRBC)
 Enactment of an 8:00 p.m. target meeting end time
 An update to the Commission’s absence policy to remove the word “regular,” such that PRBC members are allowed to miss no more than 2 meeting per year, inclusive of special meetings.

Conference and Visitors Bureau Board / Lodging Business Improvement District Advisory Board (CVB/LBID Board)
 Enactment of a 5:00 p.m. target meeting end time

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Planning Commission
 Enactment of a 10:00 p.m. target meeting end time
 Clarification as to the legal authorities for the creation of the Planning Commission  Greatly clarified Purpose and Duties statements, specifically indicating the Commission’s duties with respect to land use planning, General Plan/Local Coastal Program implementation, and decisions on private development applications.

Parking Advisory Committee (PAC)
 Enactment of an 11:00 a.m. target meeting end time
Other Items
In addition to the above revisions specifically recommended by the Advisory Bodies, staff recommends the following universal Bylaw updates:
 Removal of any remaining references to the term “citizens” where meant to generally indicate residents, business owners, or community members. The use of this term could be misconstrued to refer literally to citizens of the United States, which could be deemed in conflict with SB 225.
 A statement in the Qualifications section (Article IV Section 2) that, per Pismo Beach Municipal Code, individuals with felony convictions are not eligible to serve.  A new subsection (Article IV Section 7) noting that members may receive compensation in the form of a stipend, and that whether a member chooses to receive their allowed stipend, or not, shall not factor into decisions relating to their membership status.
 Clarification in Article V Section 2 that members will take an oath of office at the beginning of each term.
 Clarification in Article VI Section 2 that, if a body’s Chair or Vice-Chair is re- appointed at the end of their term without a break in service, they will retain that office until such time that a new election of officers is conducted. This clarification promotes ease of administration in that it eliminates the need for appointment of an Acting Chair at the start of a new term to run a small portion of one meeting, except in the rare case that the Chair and Vice-Chair of a body happen to completely terminate their service concurrently.
 Clarification of Article VIII Section 2 as to the circumstances under which meetings may be cancelled or rescheduled, and as to the handling of any remaining agenda business.
 A statement in Article IX that any agenda items directed by the body to be added to a future agenda shall be agendized by staff only if the item is generally in keeping with the body’s assigned purview (i.e. not outside the Council’s goals or regular assigned duties for the body).
 Article XI – Voting has been reorganized to clarify the procedure for recusals in cases of conflicts of interest, and to achieve better conformity with the City’s overall Council Agenda 11-7-2023 9.L-2
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Conflict of Interest Code. Provisions have also been added to reflect recent changes to the Political Reform Act that required the following:
o If a legislative body member entirely departs a meeting prior to the consideration of an agenda item that is the source of a conflict of interest for the member, the member must publicly announce the nature of the conflict before leaving.
o If a legislative body member first joins a meeting after the consideration of an agenda item that is a source of a conflict of interest for the member, the member must publicly announce the nature of the conflict upon their arrival.  Clarification in Article XI Section 3 that, in the event a member does not vote in the affirmative, or negative, and instead makes a statement such as “present,” the meeting clerk shall record the vote as an abstention; and that statements made “for the record” will not be reflected in meeting minutes.  A new subsection (Article XI Section 10) stating that an Advisory Body may give direction by general consensus, for matters not requiring a vote upon a motion.  Amendment of Article XIV to change “Ad Hoc Committees” to “Subcommittees,” and addition of a statement that any activities of a Subcommittee will be reported upon at the next available public session (as opposed to just once upon conclusion of the Subcommittee’s task).
 References to Robert’s Rules of Order have been updated to refer to Rosenberg’s Rules of Order, the more modern and streamlined parliamentary guide prescribed by the Municipal Code for City Council Parliamentary Process.  Other miscellaneous updates to reflect technological advances and evolving administrative practices (e.g., elimination of references to “memoranda”).

Revised Bylaws, which are the Council's consolidated policy statement on the formation of each Advisory Body, have been provided as Attachments 1.A, 2.A, 3.A, and 4.A. A revised Advisory Body Handbook, which compiles and restates all Advisory Body policies and procedures, has been provided as Attachment 5.A and is discussed further below.

Handbook Amendments
The City's Advisory Body Handbook is a comprehensive source for all Advisory Body policies, except the Bylaw documents themselves. The Handbook functions as a companion policy to the Bylaws and it is typically reviewed on the same timeline as the Bylaws for that reason. Updates have been made to the Handbook to comport with proposed changes to the Bylaws. In addition, data about the City has been updated to match current operations and statutory references have been updated to comport with legislative changes.

Disciplinary Policy Updates
In addition to these routine updates, staff recommends the expansion and clarification of policy statements about the circumstances that may lead to the suspension or termination of an Advisory Body Member, in order to limit the risk to the City that can be associated Council Agenda 11-7-2023 9.L-3
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with an appointed official who is convicted of a crime, commits unlawful harassment, or otherwise conducts themselves in a manner that could potentially harm the City. The full proposed policy language begins on page 41 of the Handbook. Briefly summarized, it includes the following potential causes for disciplinary action:

Excessive Absences
In the event a Member exceeds the permissible number of absences, staff shall notify the Council; the Mayor may opt to meet with the Member, or if warranted, direct staff to schedule an agenda item allowing the Council to consider membership status of the Member. This is an existing policy and no change is recommended.

Failure to Timely Complete Training
In the event a Member fails to timely complete ethics, harassment prevention, or any other mandated training, staff shall suspend the Member’s stipend payments when 3 or more months out of compliance; suspend the Member’s membership when 4 or more months out of compliance; and automatically reinstate the Member upon completion of training. This is an existing policy and no change is recommended.

Workplace Harassment
In the event a Member is the subject of a workplace harassment investigation, staff may exercise discretion, depending on the nature of the allegations, to suspend the Member until the conclusion of the investigation. In the event the Member is found by an independent third-party investigator to have committed unlawful harassment in the course of their official conduct, staff shall administratively vacate the Member’s seat and bring before the City Council an agenda item seeking direction to fill the seat. Staff recommends that a Member terminated for this reason be prohibited from reapplying for future service.

Felony Conviction
Pismo Beach Municipal Code Section 2.24.010 prohibits individuals with felony convictions from Advisory Body service. Accordingly, if staff becomes aware of credible evidence that an Advisory Body Member has been convicted of any felony before or during the Member’s term of office, staff will bring before the City Council an agenda item recommending that the Member be terminated and seeking direction to fill the seat. Staff recommends that a Member terminated for this reason be prohibited from reapplying for future service.

As a point of clarification, the City does not conduct background investigations of its Advisory Body Members, and cannot legally conduct an inquiry into any individual’s criminal history except in cases where the Police Department finds sufficient cause to conduct a bona fide law enforcement investigation into a suspected crime. Even in the latter case, the ability of staff outside the Police Department to be made aware of any criminal history discovered is extremely limited. Therefore, it is expected that the personnel who administer Advisory Body memberships would rarely, if ever, have actual proof of a felony conviction that was not otherwise required by law to be publicly disclosed (such as by Megan’s Law). As such, staff would likely lack sufficient objective evidence to administratively effect a termination pursuant to PBMC 2.24.010, and accordingly the Council Agenda 11-7-2023 9.L-4
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Council would be asked to exercise its discretion based on whatever credible evidence was available that reasonably led staff to believe that a felony conviction existed.

General Ineligibility to Serve
In the event a Member is determined to be ineligible to serve due to failure to meet objective minimum qualifications for their seat, such as residency within the city, or any other factor not addressed in the sections above, staff shall automatically bring before the City Council an agenda item recommending that the Council either terminate the member, or suspend the Member until such time that proof of eligibility is demonstrated.

Notice
Additionally, the policies provide that all City Council proceedings with respect to the status of an Advisory Body Member shall be conducted publicly, and that the Member shall be directly notified when any action is being contemplated. In the event staff were to take any administrative actions with respect to a Member’s membership status, both the Council and Member would be notified, except as necessary to protect the integrity of an investigation.

Conclusion and Recommendation
Staff recommends that the Council adopt four Resolutions (Attachments 1 through 4) revising the Bylaws for each Advisory Body and a Resolution (Attachment 5) revising the Advisory Body Handbook in order to eliminate the voter registration requirement for resident seats.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended policy updates. Activities associated with the administration of the City’s advisory bodies are accounted for in the adopted Fiscal Year 2024 & 2025 budgets.

ALTERNATIVES:

1. Make further amendments to the policy documents prior to adoption.

2. Provide additional direction to staff.

ATTACHMENTS:

1. Resolution revising CVBB Bylaws

1.A Exhibit A to Resolution: Revised CVBB Bylaws

2. Resolution revising PAC Bylaws

2.A Exhibit A to Resolution: Revised PAC Bylaws

3. Resolution revising PRBC Bylaws

3.A Exhibit A to Resolution: Revised PRBC Bylaws

4. Resolution revising Planning Commission Bylaws

4.A Exhibit A to Resolution: Revised Planning Commission Bylaws

5. Resolution adopting Advisory Body Handbook

5.A Exhibit A to Resolution: Revised Handbook
Submitted by: Erica Inderlied, City Clerk Meeting Date: November 7, 2023 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 ADOPTING REVISED BYLAWS FOR THE CONFERENCE AND VISITORS BUREAU BOARD; RESCINDING RESOLUTION R-2020-011 WHEREAS, Bylaws are the City Council’s policy statement on the purpose, duties, composition, and operation of its Advisory Bodies; and
WHEREAS, Bylaws for the Conference and Visitors Bureau Board were last revised in 2020; and
WHEREAS, the newly-updated Bylaws reflect recent recommendations from the Board regarding absence thresholds and meeting end times, as well as updates recommended by staff to modernize Political Reform compliance practices and other aspects of the body’s administration.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby reaffirms the establishment of, and adopts revised Bylaws for, the Conference and Visitors Bureau Board, as set forth in Exhibit A hereto.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby rescinds Resolution R-2020-011, which adopted the prior Bylaws.

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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City of Pismo Beach

Conference and Visitors Bureau Board

BYLAWS

Revision History:

R-2023-XXX, XXXX 2023
R-2020-011, February 4, 2020
R-2019-014, March 5, 2019
R-2017-092, October 17, 2017
R-2009-055, August 18, 2009
Attachment 1.A
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1 Rev. 2023-11-02

TABLE OF CONTENTS

ARTICLE I – NAME AND AUTHORITY ........................................................................................ 3 Section 1. Name ........................................................................................................................ 3 Section 2. Authority ................................................................................................................... 3 ARTICLE II – PURPOSE .............................................................................................................. 3 ARTICLE III – DUTIES AND RESPONSIBILITIES ....................................................................... 3 ARTICLE IV – MEMBERSHIP ...................................................................................................... 4 Section 1. Membership .............................................................................................................. 4 Section 2. Qualifications and Appointment ................................................................................ 4 Section 3. Absences .................................................................................................................. 4 Section 4. Suspension or Termination ...................................................................................... 5 Section 5. Resignation .............................................................................................................. 5 Section 6. Public Cooperation ................................................................................................... 5 ARTICLE V – TERM OF OFFICE ................................................................................................. 5 Section 1. Term ......................................................................................................................... 5 Section 3. Membership Year ..................................................................................................... 6 Section 4. Dual Service ............................................................................................................. 6 ARTICLE VI – OFFICERS AND ELECTIONS .............................................................................. 6 Section 1. Officers ..................................................................................................................... 6 Section 2. Annual Election of Officers ....................................................................................... 6 Section 3. Term of Office ........................................................................................................... 7 Section 4. Nominations & Voting ............................................................................................... 7 Section 5. Vacancy of an Office ................................................................................................ 7 Section 6. Removal of Elected Officers ..................................................................................... 7 Section 7. Duties of the Chair .................................................................................................... 8 Section 8. Duties of the Vice-Chair ........................................................................................... 8 Section 9. Duties of the Acting Chair ......................................................................................... 8 Section 10. Duties of the Secretary ........................................................................................... 8 ARTICLE VII – STAFF SUPPORT ................................................................................................ 8 Section 1. Staff Duties ............................................................................................................... 8 Section 2. Staff Relationship to the CVB Board ........................................................................ 9 ARTICLE VIII – MEETINGS .......................................................................................................... 9 Section 1. Time and Location of Meetings ................................................................................ 9 Section 2. Cancellation and Rescheduling .............................................................................. 10 Section 3. Special Meetings .................................................................................................... 10 ARTICLE IX – CONDUCT OF MEETINGS ................................................................................. 10 Section 1. Compliance with the Brown Act and Council Policies ............................................ 10 Section 2. General Conduct of Meetings ................................................................................. 11 Section 3. How Items Are Placed on the Agenda ................................................................... 11 Section 4. Quorum .................................................................................................................. 11 Section 5. Absence of a Quorum ............................................................................................ 11 Section 6. Agenda ................................................................................................................... 11 Section 7. Order of Business ................................................................................................... 12 Section 8. Seating Arrangement ............................................................................................. 12 Attachment 1.A
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2 Rev. 2023-11-02
ARTICLE X – MOTIONS ............................................................................................................. 12 Section 1. Call for Motion ........................................................................................................ 12 Section 2. Seconding a Motion ................................................................................................ 12 Section 3. Lack of a Second .................................................................................................... 12 Section 4. Discussion/Debate ................................................................................................. 12 Section 5. Time Limits on Discussion/Debate ......................................................................... 12 Section 6. Amending a Motion ................................................................................................ 13 Section 7. Withdrawing a Motion ............................................................................................. 13 Section 8. Motion to Table ....................................................................................................... 13 ARTICLE XI – VOTING ............................................................................................................... 13 Section 1. Recusal (Disqualification due to Conflict of Interest) .............................................. 13 Section 2. Abstention (Voluntarily Declining to Vote) .............................................................. 14 Section 3. Roll Call Vote .......................................................................................................... 15 Section 4. Voice Vote .............................................................................................................. 15 Section 5. Sealed Ballot Votes ................................................................................................ 15 Section 6. Passage of Motion .................................................................................................. 16 Section 7. Tie Votes ................................................................................................................ 16 Section 8. Failure to Approve .................................................................................................. 16 Section 9. Results of Voting .................................................................................................... 16 ARTICLE XII – REPORTS .......................................................................................................... 16 Section 1. Agenda Reports to CVB Board .............................................................................. 16 Section 2. Subcommittee Reports ........................................................................................... 17 Section 3. Rendering of Recommendations to Council ........................................................... 17 ARTICLE XIII – RECORD KEEPING .......................................................................................... 17 Section 1. Maintenance of Records ........................................................................................ 17 Section 2. Minutes ................................................................................................................... 17 Section 3. Audio and Video Recording of Meetings ................................................................ 17 ARTICLE XIV – COMMITTEES .................................................................................................. 18 Section 1. Subcommittees ....................................................................................................... 18 Section 2. Standing Committees ............................................................................................. 18 Section 3. Committee Meetings .............................................................................................. 18 ARTICLE XV – AMENDMENTS ................................................................................................. 18 ARTICLE XVI – ADOPTION OF BYLAWS ................................................................................. 19

Attachment 1.A
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City of Pismo Beach

Conference and Visitors Bureau Board
BYLAWS

ARTICLE I – NAME AND AUTHORITY

Section 1. Name

The Name of this organization shall be the Conference and Visitors Bureau Board of the City of Pismo Beach, California; hereinafter referred to as the CVB Board.

Section 2. Authority

The CVB Board is established under the authority of the City Council of the City of Pismo Beach to aid in the conduct of the business of the City within the policy direction of the Council. The body's membership, constitution, duties, and other aspects may be amended, or the body dissolved, by majority action of the Council at any time.

The CVB Board is established by City Council resolution and these Bylaws have been, and will be, periodically updated in accordance with policy direction of the Council with respect to the body.

ARTICLE II – PURPOSE

As the Executive Board of the Pismo Beach Conference & Visitors Bureau, the CVB Board exists to further the mission of the CVB to build overnight visitor revenues, as well as destination awareness, by consistently promoting an identifiable, effective, ongoing targeted promotional message, and serve as the voice of Pismo Beach tourism in partnership with the diverse activities of the Chamber of Commerce, the Pismo Beach Hospitality Association, and the community at large.

ARTICLE III – DUTIES AND RESPONSIBILITIES

The CVB Board shall have the ability, as vested by the City Council, and be required:

A. To review and make recommendations to the City Council concerning the hiring of professional services, contracts, budgets, policies and operating guidelines that relate to the overall CVB work effort to attract tourists, tour groups, and conference groups to come to Pismo Beach, to market and advertise Pismo Beach, and provide public relations, trade show and marketing services that will effectively promote Pismo Beach tourism for the specific purpose of generating increased transient occupancy and retail sales within the city of Pismo Beach.

B. To provide direction to staff on the expenditure of funds in the Council-adopted CVB Marketing Budget.

Attachment 1.A
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4 Rev. 2023-11-02
ARTICLE IV – MEMBERSHIP

Section 1. Membership

The CVB Board shall consist of five (5) persons, or such other number of persons as directed by the City Council, hereinafter referred to as Members.

Section 2. Qualifications and Appointment

Members of the CVB Board shall be appointed by action of the City Council. No Member shall be an employee of, or hold any other office with, the City of Pismo Beach, except as allowed by Article V Section 4 of these Bylaws. In accordance with Pismo Beach Municipal Code Section

2.42.010, any person convicted of a felony shall not be eligible for service. Applicants must be at least 18 years of age at time of appointment.

Each Member of the CVB Board shall be a resident of Pismo Beach or a commercial property owner or business owner or agent of the same. Members shall have direct experience and professional interest in increasing local business by promoting Pismo Beach to leisure travelers, guiding marketing efforts directed toward consumer and tour operators, coordinating public relations, visitor information, and developing marketing and advertising programs.

By applying for appointment to the CVB Board, Members pledge to meet the minimum attendance requirement.

A non-voting Council Liaison to the CVB Board may be appointed from time to time by the City Council from among its Members. Such appointment may be made to serve as an educational opportunity for the Council Member, or for the Liaison to interface with the CVB Board as a representative of the Council. The attendance of the Council Liaison at meetings of the CVB Board shall be optional and the Liaison shall not be counted for purposes of forming a quorum, directly influence or participate in the proceedings of, or otherwise act as an Ex-Officio Member of, the CVB Board. Any Council Liaison so appointed shall report out on attendance at any meetings of the CVB Board during open session of the City Council during the portion of the meeting reserved for Committee Assignment reports.

Section 3. Absences

Members shall make a good faith attempt to notify the Chair and Secretary in advance of an anticipated absence from any meeting.

Each Member is allowed no more than 3 absences from regular meetings per calendar year.

Should a Member exceed these allowed absences by one absence, staff shall notify the City Clerk, who shall notify the City Council.

Should a Member exceed these allowed absences by two or more absences, staff shall notify the City Clerk, who shall notify the City Council. The Mayor shall then meet with the Member to discuss whether the Member is able to continue to serve.

If, in the opinion of the Mayor, the Member's excessive absences warrant consideration of action by the entire Council, the Mayor shall direct the City Clerk to schedule an agenda item allowing the City Council to consider in open session the continued service of the Member. In Attachment 1.A
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5 Rev. 2023-11-02
the alternative, the Council, in open session, may grant a Member a defined leave of absence without regard to this Section’s attendance requirements.

Section 4. Suspension or Termination

In addition to provisions for termination due to excessive absences as described above, the City Council may terminate or suspend any Member of the CVB Board prior to the expiration of the Member’s term of office, with or without cause, provided the action is properly agendized and conducted in open session in accordance with the Brown Act, and the termination or suspension is approved by majority vote.

Termination shall mean that the Member's seat is deemed to be completely vacated.

Suspension shall mean that a Member is not permitted to attend meetings as a member of the body for the duration of the suspension, but it shall not relieve the Member of any other duty or regulation normally applicable to the Member, such as conflict of interest prohibitions.

Section 5. Resignation

Any Member wishing to resign their membership with the CVB Board prior to the scheduled end of their term shall do so by delivering written notice to the City Clerk. If the notice of resignation does not set forth a resignation date, the resignation will be deemed effective as of the date the notice is received by the City Clerk or City Clerk's designee.

Section 6. Public Cooperation

The CVB Board, and committees thereof, may work with member(s) of the public in pursuit of the CVB Board's purpose and duties, however no member of the public shall be officially recognized as an ex-officio member or at-large member, or otherwise engaged in any way so as to render the member of the public subject to the provisions of the Brown Act, unless directed by the Council.

Section 7. Compensation

The CVB Board may receive compensation in the form of a stipend as established from time to time by Resolution of the City Council. Members may choose to waive receipt of their stipend if desired. Whether or not a Member chooses to receive an allowed stipend shall not factor into decisions about discipline or membership status.

ARTICLE V – TERM OF OFFICE

Section 1. Term

The term of office for each appointee to the CVB Board shall be two (2) years. Members are eligible for reappointment unless determined to no longer meet the minimum eligibility requirements or unless previously terminated with prejudice. No term limits apply to the CVB Board. Terms are staggered to encourage a mix of policy continuity and institutional knowledge while allowing time for new Members, with new and different points of view, to be integrated into the CVB Board.

New and re-appointed Members commence their terms on March 1st annually; mid-term appointments to fill unanticipated vacancies begin the day the appointment is made by the Attachment 1.A
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6 Rev. 2023-11-02
Council and expire at the term's scheduled end date unless otherwise directed by a majority of the City Council.

Section 2. Oath of Office

Members of the CVB Board shall take the constitutionally prescribed Oath of Office for public officials. The City Clerk or designee will administer an Oath of Office to new and re-appointed Members prior to or at the commencement of the Member's first meeting in each term. At the discretion of liaison staff, the Oath of Office may be scheduled as a ceremonial item during open session.

Section 3. Membership Year

A membership year shall commence on March 1st and end on the last day of February the following year. Unless otherwise directed by the Council, each full appointment spans two consecutive membership years.

Section 4. Dual Service

As a general policy, an applicant shall not be appointed to serve on more than one City Advisory Body at any time, except that a Member may serve concurrently on one legislative (Brown Act) body and one non-legislative body (e.g. Special Events Committee or Traffic Safety Committee) concurrently.

Any sitting legislative Advisory Body Member who makes an application for service on another legislative Advisory Body warrants by their application that they will resign from their current seat immediately upon being appointed to another. Should the Member fail to resign in accordance with this paragraph, the prior seat shall be deemed vacated immediately upon the Member’s taking the Oath of Office for the new seat.

ARTICLE VI – OFFICERS AND ELECTIONS

Section 1. Officers

Elected officers of the CVB Board shall consist of one Chair and one Vice-Chair.

Appointed officers shall consist of a Secretary, which duties shall be performed by a staff member appointed by the Tourism and Events Department Director or designee.

Section 2. Annual Election of Officers

At the commencement of the first CVB Board meeting held on or after March 1 of every year, there shall be elected from among the membership of the CVB Board one Chair and one Vice- Chair. A majority of the CVB Board may determine to postpone the formal election of officers until a subsequent meeting if deemed necessary or desirable.

If, at the end of the Chair or Vice-Chair’s advisory body membership term, the member is reappointed by the City Council such that there is no break in service, the Chair or Vice-Chair shall continue to hold that office until the next election of officers.

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In the event a vacancy exists in the office of Chair at the commencement of new terms, the Vice-Chair shall serve as Acting Chair until officers have been elected.

In the event a vacancy exists in both offices of Chair and Vice-Chair at the commencement of new terms, present members shall elect an Acting Chair to serve until officers have been elected.

Section 3. Term of Office

A full term of office for the Chair and Vice-Chair shall be for a period of approximately one (1) year, service to end upon election of new officers, or termination of membership without immediate reappointment.

Section 4. Nominations & Voting

The Chair or Acting Chair will open the floor to nominations for the office of Chair. Any Member may nominate any one other Member for the office; the nomination must be seconded.

Upon seconding of the nomination, the Member who has been nominated shall be given the opportunity to decline the nomination. If the Member does not decline, their nomination stands.

The Chair or Acting Chair shall then invite the Meeting Clerk to take a roll call vote upon the nomination. If the nomination passes by at least a simple majority, the nominee is thereby elected to fill the office of Chair, effective upon the next order of business. If the nomination does not pass by majority vote, another nomination shall be made, and another vote taken, as above, until a Chair is elected.

The same procedure is then repeated for the election of Vice-Chair.

Section 5. Vacancy of an Office

Should a mid-term vacancy occur, for any reason, in the office of Chair or Vice-Chair, a special election shall be held to fill the vacant office from among the remaining membership at the commencement of the next meeting. The elected Member shall serve until the next annual election.

In any event of vacancy, absence, or incapacity of the Chair, the Vice-Chair shall serve as Acting Chair until the Chair resumes office or a new Chair is elected.

In any event of vacancy, absence, or incapacity of the Chair and Vice-Chair, present members shall elect an Acting Chair to serve until the Chair and/or Vice-Chair resume office or until a new Chair and Vice-Chair are elected.

Section 6. Removal of Elected Officers

The Chair or Vice-Chair may be removed from office by a majority vote of the CVB Board.

If an officer is removed in absentia, the CVB Board Secretary shall deliver written notice to the Member of their removal as soon thereafter as feasible.

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Any officer removed ceases to hold the office once the vote has been tallied and announced. If the Chair is removed, the Vice-Chair shall become the Acting Chair until such time that a special election can be held in accordance with Section 5. above.

Section 7. Duties of the Chair

The Chair shall preside at all meetings. Points of order and meeting conduct shall be settled by the Chair, unless overruled by a majority vote of the CVB Board, in compliance with the Brown Act, these Bylaws, and the City's Advisory Body Handbook. Points of order not addressed by the foregoing will be decided in accordance with the most current version of Rosenberg’s Rules of Order to the extent practicable. Failure to strictly comply with Rosenberg’s Rules of Order shall not invalidate any action taken. Staff will assist the Chair with this compliance where appropriate.

The Chair acts as primary contact for staff for certain matters not requiring action by a majority of the body, and shall represent the CVB Board before City Council whenever deemed necessary or desirable by the CVB Board or Council.

Section 8. Duties of the Vice-Chair

The Vice-Chair shall assume all duties of the Chair in the event of vacancy, absence, incapacity of the Chair.

Section 9. Duties of the Acting Chair

The Acting Chair shall assume all duties of the Chair in the event of vacancy, absence, incapacity of the Chair and Vice-Chair, until either or both return, or until such time that a special election can be held in accordance with Section 5. above.

Section 10. Duties of the Secretary
The duties of the Secretary, whose responsibilities are defined further herein, include legislative recordkeeping, helping to assure Brown Act compliance in cooperation with the City Clerk and City Attorney, and preparation of meeting minutes.

Unless otherwise assigned, the Secretary shall serve as the Meeting Clerk of the CVB Board.

ARTICLE VII – STAFF SUPPORT

Section 1. Staff Duties

The City Manager shall designate appropriate staff to act as staff liaisons to assist and support the CVB Board in the fulfillment of its duties and responsibilities.

Staff shall be responsible for creation and/or provision of such reports, studies, and technical recommendations as are necessary to assist the CVB Board in the conduct of its business, shall publish meeting agendas and shall post, publish, and circulate any required public notices associated therewith. Staff shall attend all regular and special CVB Board meetings, assist the Chair with administration of the meeting, and record the minutes of the meetings.

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Staff shall work closely with the Chair or other individual Members between meetings as needed to advance matters not requiring action of the entire body, and may represent the CVB Board at other meetings, presentations, and other public functions as requested.

Staff shall be responsible for the maintenance of proper records and files pertaining to CVB Board business in accordance with Article XIII. Staff shall receive and enter into the record all public comment, petitions, or other documents presented to the CVB Board in support of, or in opposition to, any question before the CVB Board, and make the records available to the public upon request except where exempt by law.

The Secretary of the CVB Board shall act as a designee of the City Clerk with respect to attestation of all documents evidencing legislative actions of the CVB Board, and shall carefully curate the same. The Secretary shall be responsible for working with the City Clerk or, as needed, the City Attorney to assure administration of the CVB Board's business in accordance with the Brown Act. Any staff so designated by the City Clerk must take the Oath in order to attest to any such documents.

Section 2. Staff Relationship to the CVB Board

Staff support and assistance is provided to the CVB Board in pursuit of the achievement of Council Goals and completion of other approved work plan items. Staff members work closely with advisory bodies, however advisory bodies do not exercise supervisory authority, are not employees, and are outside staff chains of command. Staff members remain responsible to their immediate supervisors and ultimately to the City Manager, while CVB Board Members are responsible directly to the City Council.

In order that Members may be fully prepared to engage in productive discussion and take action when in open session, individual Members are encouraged to maintain a rapport with staff outside of meetings and ask clarifying questions regarding report materials and general matters within the body's purview prior to meetings.

However, individual Members shall not make separate work product requests of staff without discussion and approval of the CVB Board in open session, and shall not request that staff undertake work outside Council's policy direction for the body.

ARTICLE VIII – MEETINGS

Section 1. Time and Location of Meetings

By adoption of these Bylaws as policy, the City Council has thereby set the regular meeting schedule for the CVB Board as follows:

The third Wednesday of every month, at 3:00 p.m.

Unless otherwise noticed, the CVB Board shall hold its meetings in the Council Chamber, Pismo Beach City Hall.

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Section 2. Cancellation and Rescheduling

Regular meetings may be cancelled as follows:

• Proactively, if the meeting date lacks business of immediate concern. • Proactively, if the meeting date coincides with a holiday. • Proactively, if it is known ahead of time that a quorum of the body cannot be formed on that date.
• Reactively, if a quorum does not appear within 15 minutes of the scheduled meeting start time, or if a quorum is lost during the meeting.

In the event a meeting is cancelled proactively, staff shall publish a Notice of Cancellation as a courtesy for the public, if feasible. In the event a meeting is cancelled due to a holiday or lack of quorum, any remaining business of immediate concern may be rescheduled for either a special meeting, or the next available regular meeting date.

In the event a meeting is cancelled reactively due to lack of quorum, a Notice of Adjournment shall be posted and the unheard business re-agendized for a subsequent meeting.

In the event a public hearing has been noticed for a meeting date that is subsequently cancelled, staff shall appear at the noticed meeting time and place to inform any attendees as to the cancellation of the meeting.

Cancellation may be done by a majority of the CVB Board, by staff in consultation with the Chair, or by staff with notification to the Chair when there is no business of immediate concern to agendize. Staff shall make a good-faith attempt to gain majority consensus where feasible before cancelling a meeting, and shall at a minimum issue notification to all members immediately upon determining to cancel a meeting.

Section 3. Special Meetings

Special Meetings of the CVB Board may be called by a majority of the CVB Board, by the Chair of the CVB Board, by staff in consultation with the Chair, or by staff with notification to the Chair when advance consultation is infeasible. Staff and/or the Chair shall make a good-faith attempt to gain majority consensus where feasible before calling a Special Meeting, and shall at a minimum issue notification to all members immediately upon determining to call a Special Meeting.

There shall be no limit to the number of Special Meetings that may be called in a given year.

ARTICLE IX – CONDUCT OF MEETINGS

Section 1. Compliance with the Brown Act and Council Policies

All regular, special, and adjourned meetings of the CVB Board shall be open meetings to which all members of the public shall be admitted without restriction or qualification. In all respects, the conduct of the CVB Board, its meetings, and its Members, shall comport with the Brown Act, California Government Code Sections 54950—54963. Meetings will be held at locations accessible to persons with disabilities, and reasonable accommodations shall be made to the greatest extent possible.

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Section 2. General Conduct of Meetings

Points of order and meeting conduct shall be settled by the Chair, unless overruled by a majority vote of the CVB Board, in compliance with the Brown Act, these Bylaws, and the City's Advisory Body Handbook. Points of order not addressed by the foregoing will be decided in accordance with the most current version of Rosenberg’s Rules of Order where practicable. Failure to strictly comply with Rosenberg’s Rules of Order shall not invalidate any action taken. Staff will assist the Chair with this compliance where appropriate. Unresolved issues shall be referred to staff and continued to a future meeting.

Members shall address members of the public and other meeting participants through the Chair.

The general public wishing to speak on an item shall be encouraged to address Members or other persons present through the Chair.

Section 3. How Items Are Placed on the Agenda

Working within the framework of City Goals, budget, and other policy direction set by the City Council, staff will identify the need for and schedule the majority of CVB Board agenda items.

Future agenda items may be requested by a Member of the CVB Board in open session. Such items shall be agendized by staff if approved by a majority of the CVB Board and generally in keeping with the CVB Board’s assigned purview. In the event a future agenda item is requested by a member of the public in open session, the CVB Board shall not be obligated to deliberate on the agenda item request, however any Member may assent to requesting that the CVB Board consider agendizing the item, in the manner described in this paragraph.

Occasional agenda item requests from a member of the public received outside of a noticed meeting, or other atypical agenda items, may be considered by staff, in consultation with the Chair, for suitability for being agendized when consulting with a majority of the CVB Board is infeasible due to time constraints. Issues may also be referred to the CVB Board by the City Council and staff shall agendize them in a timely fashion.

Section 4. Quorum

A quorum of the CVB Board shall consist of a majority (more than half) of the total number of CVB Board seats, regardless of any vacancies that may exist.

Section 5. Absence of a Quorum

In the absence of a quorum at the start of any meeting, the meeting may not be convened. In the event a quorum is lost during a meeting, the meeting shall be immediately suspended. Refer to Article VIII Section 2. for meeting cancellation and rescheduling procedures.

Section 6. Agenda

Staff shall set and publish the meeting agenda and its format shall conform to the template set by staff.

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Section 7. Order of Business

The Chair or a majority vote of the CVB Board may change the order of business during a meeting.

Section 8. Seating Arrangement

The Chair shall be seated at the center of the dais; the Vice-Chair shall be seated to the Chair's right, from the perspective of those seated upon the dais. The seating of the remaining Members shall be made at the discretion of staff.

Section 9. Meeting End Time

No agenda item shall be introduced after 5:00 p.m. without the consent of a majority (more than half) of the Members present. Should majority approval fail to be granted for extension of the meeting, a Notice of Adjournment shall be posted and the unheard business re-agendized for a subsequent meeting.

ARTICLE X – MOTIONS

Section 1. Call for Motion

Upon conclusion of discussion and following acceptance of public input, any Member may place a motion on the floor. The motion shall contain the proposed action in sufficient detail so as to be understood by the audience and staff. If no motion is immediately forthcoming, the Chair may call for a motion to be made, or make the motion.

Section 2. Seconding a Motion

The Chair shall receive all motions and shall call for a second to each motion. The Chair may second a motion.

Section 3. Lack of a Second

If, after a reasonable time, no second has been made, the motion shall be declared dead for lack of a second, and the Chair shall so state. Any motion dying for lack of a second shall not be included in the meeting minutes.

Section 4. Discussion/Debate

After a motion has been made and seconded, the Chair shall call for a discussion of the question. All discussion shall be limited to the motion on the floor. At the close of the discussion, the Chair shall put the matter to a vote by causing either a roll call vote or voice vote to be conducted, in accordance with Article XI Section 3 and Section 4.

Section 5. Time Limits on Discussion/Debate

The Chair reserves the discretion to limit the duration of debate on any motion, but shall ensure that each Member has the opportunity to speak.

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Section 6. Amending a Motion

A motion to amend may be made by any Member to revise a motion on the floor, but it cannot be a freestanding motion on its own, nor can it substitute for a main motion. The motion to amend must be voted upon, unless the maker and the seconder accept it as a friendly amendment, and, if so accepted, it then becomes part of the main motion.

Section 7. Withdrawing a Motion

Any motion may be withdrawn by the maker at any time prior to being voted upon. Such a withdrawn motion shall not be included in the meeting minutes. If the motion has been seconded, the Chair shall invite the seconder to make the motion anew.

Section 8. Motion to Table

A motion to table may be made to suspend consideration of an item that appears on a meeting agenda for reasons of urgency or to end an unproductive discussion. A motion to table is not in order when another Member has the floor. A motion to table requires a second, is not debatable, is not amendable, requires a majority vote for passage, and, if adopted, cannot be reconsidered at the meeting at which it is adopted.

Members will refrain from using a motion to table as a means of capriciously limiting debate among Members, or to suppress a minority of the CVB Board. Motions to table shall only be made after the opportunity has been given for public input on the item.

ARTICLE XI – VOTING

Section 1. Recusal (Disqualification due to Conflict of Interest)

In accordance with the City of Pismo Beach's Conflict of Interest Code, which incorporates applicable components of the Political Reform Act, California Government Code Section 87100 et seq. and California Code of Regulations Title 2 Section 18700 et seq., Members of the CVB Board shall disqualify themselves from making, participating in the making of, or in any way using their official position to influence, a governmental decision if it is reasonably foreseeable that the decision will have a material financial effect, that is distinguishable from its effect on the public generally, upon the Member and certain immediate family members.

Any Member with such a disqualifying financial interest relating to a particular agenda item, or who otherwise wishes to recuse themselves from participation in an agenda item due to the potential for perceived or common-law conflicts of interest, shall do the following:

• If the Member is present at the commencement of the agenda item giving rise to the conflict, the Member shall openly announce the nature of the conflict following the Chair's announcement of the item, but before discussion has begun.

The Member shall publicly identify the financial interest that gives rise to the conflict in detail sufficient to be understood by the public:

o If the conflict arises from an investment, the Member shall announce the name of the business entity in which each investment is held;
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o If the conflict arises from a business position, the Member shall give a general description of the business activity in which the business entity is engaged as well as the name of the business entity;
o If the conflict arises from real property, the Member shall announce the address or another indication of the location of the property, unless the property is the public official's principal or personal residence, in which case, the Member shall announce that the property is a residence and disclosure of the exact street address of a residence is not required;
o If the conflict arises from income or gifts, the Member shall identify the source; and o If the conflict arises from personal financial effect, the Member shall identify of the expense, liability, asset, or income affected.

• The Member shall recuse themselves from discussing and voting on the matter by vacating their seat until the matter in question has been resolved.

• The Member shall leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters. Exception: a Member of the CVB Board who is recused from discussion due to conflict of interest may choose to listen from the audience with the general public, and may address the CVB Board regarding the Member’s personal interests in the matter during the time that the general public speaks on the issue, if the Member has complied with all of the above.

• If the Member leaves a meeting in advance of the agenda item giving rise to the conflict, the official shall identify the item and announce the nature of their conflict prior to leaving the meeting, in accordance with the descriptive requirements outlined above.

• If the Member first joins a meeting after the consideration of the agenda item giving rise to the conflict, the official shall identify the item and announce the nature of their conflict as soon as feasible upon joining the meeting, in accordance with the descriptive requirements outlined above.

The stated reason for the Member's recusal shall be noted in the meeting minutes.

Except as may be required by applicable law, a Member who is recused due to conflict of interest may not be called upon to break a tie or form a quorum.

In addition to the provisions set forth in these Bylaws, Members shall be required to adhere to all other provisions of the City’s Conflict of Interest Code as it pertains to participation in governmental decision-making, and other matters.

Section 2. Abstention (Voluntarily Declining to Vote)

Members are strongly encouraged to vote upon all matters before the body except in cases of conflict of interest. The maker and seconder of any motion are encouraged to avoid abstaining when called upon for their vote.

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or Vice-Chair. However, capricious, or excessive abstention shall be avoided and may be cause for removal from the CVB Board.

Section 3. Roll Call Vote

Voting upon motions shall be conducted in the form of a roll call vote, unless the Chair determines to conduct a voice vote as provided in Section 4. When a motion has been made and seconded and no matters remain under discussion, the Chair shall call upon the Meeting Clerk to conduct a vote, and the Meeting Clerk shall upon each Member by name one at a time in the following order: Non-officer Members in alphabetical order by last name, then Vice-Chair, then Chair.

Each Member shall clearly state “Aye," "Yes," or "Yea" in the affirmative; “No," or "Nay" in the negative; or "Abstain." Any other utterance that does not clearly indicate an affirmative or negative, in the judgement of the Meeting Clerk, shall be tallied as an abstention. The Meeting Clerk shall then announce the outcome of the vote in compliance with the Brown Act.

A Member may state the reasons for their vote for the benefit of the audience, but said comments shall only be entered into the record if the Secretary determines that the outcome of the vote warrants a clarifying note for legislative recordkeeping purposes. Statements made “for the record” shall not be recorded in the meeting minutes.

A roll call vote must be conducted upon all hearing items, all matters related to money, and all actions relating to the adoption, amendment, or repeal of policy or code. Roll call votes should be undertaken on any motion where the vote upon the motion is likely to be divided. For other matters, the Chair may conduct a vote by voice vote, in accordance with Section 4. below.

Section 4. Voice Vote

Where there is no objection from any Member or staff member, the Chair may conduct a vote by voice vote in lieu of a roll call vote, provided a roll call vote is not required by Section 3. above and provided that the result of the vote thereafter announced in compliance with the Brown Act.

The Chair shall call the question in the form of "All in favor?" followed by "All opposed?" and then "Abstaining?"

Each Member shall clearly state “Aye," "Yes," or "Yea" in the affirmative; “No," or "Nay" in the negative; or "Abstain."

In the event the outcome of a voice vote is unclear, any Member or staff member may request a roll call vote immediately following a voice vote. A roll call vote shall be taken without further discussion.

A voice vote is distinguished from direction given by general consensus, in that a voice vote is an alternative method of calling for the question on a motion made, whereas in the case of general consensus, no motion is made.

Section 5. Sealed Ballot Votes

The CVB Board shall not take a secret ballot vote, whether preliminary or final.

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Section 6. Passage of Motion

Passage of a motion shall be made by a simple majority of the Members present and voting, except as otherwise required by law. Staff shall inform the CVB Board, as a component of a staff report and/or during oral comment on the item, when a particular item requires greater than a simple majority to pass.

Section 7. Tie Votes

A tie vote is a failed motion resulting in “no action,” regardless of the reason. Such failure to act shall constitute neither approval nor denial.

Except as may be required by applicable law, a Member who is recused due to conflict of interest may not be called upon to break a tie.

Section 8. Failure to Approve

Failure of a motion to approve shall not necessarily constitute denial, and vice versa. A Member may propose an alternative motion subject to the procedures of Article X – Motions.

Section 9. Results of Voting

The Meeting Clerk shall state the results of each vote, and the vote or abstention on that action of each member, e.g., “The motion passes by a vote of three to two, Members A, B, and C voting yes, and Members D and E voting no.” The Meeting Clerk shall enter into the record the disposition of each Member at the time of the vote, recording each as aye, no, recused, abstaining, or absent.

Section 10. General Consensus

The CVB Board may reach general consensus on a matter not requiring a motion and provide its recommendation or direction to staff without motion or vote. The Chair shall solicit assent from at least a majority of Members in a manner that is evident to staff, and shall confirm with staff that the recommendation or direction received is clear.

ARTICLE XII – REPORTS

Section 1. Agenda Reports to CVB Board

Matters placed upon an agenda for consideration by the CVB Board shall be accompanied by a written report of staff if the request involves the adoption of a resolution or approval of other written policy or procedural document, the rendering of a formal recommendation on a matter to be heard by higher body, and in other cases determined appropriate by staff. A consistent report format shall be adopted.

Reports of staff shall clearly state staff's recommendation for action and the rationale therefor, and shall provide sufficient background information and context to allow the CVB Board to render a well-informed decision or recommendation. Documents that are the subject of, or will substantially aid, deliberations shall be attached to and discussed within such reports. Where an agenda item requires deliberation and/or recommendation on project design or other aesthetic Attachment 1.A
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considerations, plans, photographs, or other relevant visual aids shall be included with the agenda materials for consideration in advance of the meeting.

Section 2. Subcommittee Reports

Committee reports provided to the CVB Board may be verbal or written; written reports shall be entered into the record of materials associated with the meeting.

Section 3. Rendering of Recommendations to Council

Recommendations of the CVB Board deemed necessary or desirable for consideration by the City Council shall be presented to the Council in a manner deemed appropriate by the City Manager. Recommendations to be forwarded to the Council in open session shall be prepared by staff in the manner typical of all other Council matters. A report conforming to the format and standards for City Council agenda items shall be prepared by department staff and their Department Head, and presented to the City Manager for scheduling and approval.

In the event that staff's professional recommendation on a matter differs from the recommendation rendered by the CVB Board, staff's report to Council on the matter shall include both recommendations, and a thorough analysis of each, for the Council's consideration.

ARTICLE XIII – RECORD KEEPING

Section 1. Maintenance of Records

All CVB Board records shall be maintained by staff according to the City of Pismo Beach Records Retention Schedule.

Section 2. Minutes

Action-only minutes will be produced for all CVB Board meetings in a format substantially similar to that used for City Council meetings. Minutes shall serve solely as record of the legislative actions occurring at each meeting, with minimal additional editorial content, subject to the determination of the Secretary. The CVB Board Secretary shall have sole responsibility for preparation of meeting minutes, and any direction for change in the minutes shall be made only by majority action of the CVB Board. Minutes shall be reviewed and/or amended and then approved by the CVB Board at the next feasible regular meeting.

Subcommittee reports presented orally in a meeting shall be briefly summarized in the minutes.

Section 3. Audio and Video Recording of Meetings

Proceedings for all CVB Board meetings shall be recorded whenever possible. When video recording/broadcasting is not readily feasible, an audio recording shall be made. Any meeting recordings shall be retained pursuant to the City of Pismo Beach Records Retention Schedule.

In compliance with the Brown Act, Members of the public have the right to make recordings of a meeting so long as meeting proceedings are not disrupted.

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ARTICLE XIV – COMMITTEES

Section 1. Subcommittees

Subcommittees consisting of less than a majority of the CVB Board may be established by a majority of the CVB Board, or by staff in consultation with the Chair when action by the majority of the CVB Board to establish a committee is infeasible due to time constraints. Such committees shall be established to gather information or deliberate on a particular issue deemed necessary to carrying out the functions and purpose of the CVB Board, for a limited duration. Staff may attend, but shall not be required to provide comprehensive staff support to, subcommittee meetings.

A Subcommittee member or staff member shall publicly report upon any activity of the committee in open session at the next available meeting. Following subcommittee input, the CVB Board shall deliberate and act upon on the designated issue, thereby providing the public with the opportunity to participate in the decision-making process. Any report(s) of the subcommittee on its subject of investigation shall be entered into the public record and shall serve in lieu of any meeting minutes for the committee. Subcommittees shall be dissolved once their specific task is completed.

No subcommittee shall be formed in such a manner as to subject it to the requirements of the Brown Act.

Section 2. Standing Committees

Standing Committees may be established by a majority of the CVB Board to gather information or deliberate on issues deemed necessary to carrying out the functions and purpose of the CVB Board, on an ongoing basis. Any such standing committee with continuing subject matter jurisdiction, regardless of its composition or number or office of members, shall be deemed to be subject to the Brown Act unless advised otherwise by the City Attorney. Staff shall not provide administrative or legislative support to any standing committee unless directed to do so by the City Council.

All standing committees shall provide written or oral reports in public session, no less than quarterly, to the CVB Board.

Section 3. Committee Meetings

All Standing Committee and Subcommittee meetings shall be held at times mutually agreeable to the committee members.

ARTICLE XV – AMENDMENTS

A majority of the full membership of the City Council may amend these bylaws at any juncture with or without prior review or recommendation by the CVB Board.

The CVB Board shall schedule its review of these Bylaws at least biennially and shall render a recommendation to the City Council regarding any recommended amendments hereto. Review shall be conducted as soon as feasible following the annual seating of members and election of officers.

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ARTICLE XVI – ADOPTION OF BYLAWS
Immediately upon favorable vote of a majority of the full membership of the City Council of the City of Pismo Beach, these Bylaws shall be in full force and effect. All previously adopted bylaws are hereby superseded.

These Bylaws shall not be construed in any manner conflicting with controlling provisions of state or federal law, and shall not be construed as attempting to supersede any ordinance of the City Council of the City of Pismo Beach. In the event of conflict between these Bylaws and other policies enacted by the Council regulating these same matters, the newer of the policies shall prevail. If any portion of these Bylaws shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby.

The provisions of these Bylaws shall not preclude the preparation and adoption of further procedural manuals and policies by which the CVB Board may direct its activities.

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RESOLUTION NO. R-2023-XXX

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

CALIFORNIA ADOPTING REVISED BYLAWS FOR THE PARKING ADVISORY COMMITTEE; RESCINDING RESOLUTION R-2020-012

WHEREAS, Bylaws are the City Council’s policy statement on the purpose, duties, composition, and operation of its Advisory Bodies; and

WHEREAS, Bylaws for the Parking Advisory Committee were last revised in 2020; and

WHEREAS, the newly-updated Bylaws reflect recent recommendations from the Committee regarding absence thresholds and meeting end times, as well as updates recommended by staff to modernize Political Reform compliance practices and other aspects of the body’s administration.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby reaffirms the establishment of, and adopts revised Bylaws for, the Parking Advisory Committee, as set forth in Exhibit A hereto.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby rescinds Resolution R-2020-012, which adopted the prior Bylaws.

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
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City of Pismo Beach
Parking Advisory Committee
BYLAWS
Revision History:

R-2023-XXX, XXXX 2023
R-2020-012, February 4, 2020
R-2019-015, March 5, 2019
R-2017-093, October 17, 2017
R-2009-056, August 18, 2009
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TABLE OF CONTENTS

ARTICLE I – NAME AND AUTHORITY ........................................................................................ 3 Section 1. Name ........................................................................................................................ 3 Section 2. Authority ................................................................................................................... 3 ARTICLE II – PURPOSE .............................................................................................................. 3 ARTICLE III – DUTIES AND RESPONSIBILITIES ....................................................................... 3 ARTICLE IV – MEMBERSHIP ...................................................................................................... 3 Section 1. Membership .............................................................................................................. 3 Section 2. Qualifications and Appointment ................................................................................ 3 Section 3. Absences .................................................................................................................. 4 Section 4. Suspension or Termination ...................................................................................... 4 Section 5. Resignation .............................................................................................................. 5 Section 6. Public Cooperation ................................................................................................... 5 ARTICLE V – TERM OF OFFICE ................................................................................................. 5 Section 1. Term ......................................................................................................................... 5 Section 3. Membership Year ..................................................................................................... 5 Section 4. Dual Service ............................................................................................................. 6 ARTICLE VI – OFFICERS AND ELECTIONS .............................................................................. 6 Section 1. Officers ..................................................................................................................... 6 Section 2. Annual Election of Officers ....................................................................................... 6 Section 3. Term of Office ........................................................................................................... 6 Section 4. Nominations & Voting ............................................................................................... 6 Section 5. Vacancy of an Office ................................................................................................ 7 Section 6. Removal of Elected Officers ..................................................................................... 7 Section 7. Duties of the Chair .................................................................................................... 7 Section 8. Duties of the Vice-Chair ........................................................................................... 8 Section 9. Duties of the Acting Chair ......................................................................................... 8 Section 10. Duties of the Secretary ........................................................................................... 8 ARTICLE VII – STAFF SUPPORT ................................................................................................ 8 Section 1. Staff Duties ............................................................................................................... 8 Section 2. Staff Relationship to the PAC ................................................................................... 9 ARTICLE VIII – MEETINGS .......................................................................................................... 9 Section 1. Time and Location of Meetings ................................................................................ 9 Section 2. Cancellation and Rescheduling ................................................................................ 9 Section 3. Special Meetings .................................................................................................... 10 ARTICLE IX – CONDUCT OF MEETINGS ................................................................................. 10 Section 1. Compliance with the Brown Act and Council Policies ............................................ 10 Section 2. General Conduct of Meetings ................................................................................. 10 Section 3. How Items Are Placed on the Agenda ................................................................... 10 Section 4. Quorum .................................................................................................................. 11 Section 5. Absence of a Quorum ............................................................................................ 11 Section 6. Agenda ................................................................................................................... 11 Section 7. Order of Business ................................................................................................... 11 Section 8. Seating Arrangement ............................................................................................. 11 Attachment 2.A
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ARTICLE X – MOTIONS ............................................................................................................. 12 Section 1. Call for Motion ........................................................................................................ 12 Section 2. Seconding a Motion ................................................................................................ 12 Section 3. Lack of a Second .................................................................................................... 12 Section 4. Discussion/Debate ................................................................................................. 12 Section 5. Time Limits on Discussion/Debate ......................................................................... 12 Section 6. Amending a Motion ................................................................................................ 12 Section 7. Withdrawing a Motion ............................................................................................. 12 Section 8. Motion to Table ....................................................................................................... 12 ARTICLE XI – VOTING ............................................................................................................... 13 Section 1. Recusal (Disqualification due to Conflict of Interest) .............................................. 13 Section 2. Abstention (Voluntarily Declining to Vote) .............................................................. 14 Section 3. Roll Call Vote .......................................................................................................... 14 Section 4. Voice Vote .............................................................................................................. 15 Section 5. Sealed Ballot Votes ................................................................................................ 15 Section 6. Passage of Motion .................................................................................................. 15 Section 7. Tie Votes ................................................................................................................ 15 Section 8. Failure to Approve .................................................................................................. 15 Section 9. Results of Voting .................................................................................................... 16 ARTICLE XII – REPORTS .......................................................................................................... 16 Section 1. Agenda Reports to PAC ......................................................................................... 16 Section 2. Subcommittee Reports ........................................................................................... 16 Section 3. Rendering of Recommendations to Council ........................................................... 16 ARTICLE XIII – RECORD KEEPING .......................................................................................... 17 Section 1. Maintenance of Records ........................................................................................ 17 Section 2. Minutes ................................................................................................................... 17 Section 3. Audio and Video Recording of Meetings ................................................................ 17 ARTICLE XIV – COMMITTEES .................................................................................................. 17 Section 1. Subcommittees ....................................................................................................... 17 Section 2. Standing Committees ............................................................................................. 18 Section 3. Committee Meetings .............................................................................................. 18 ARTICLE XV – AMENDMENTS ................................................................................................. 18 ARTICLE XVI – ADOPTION OF BYLAWS ................................................................................. 18

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City of Pismo Beach

Parking Advisory Committee
BYLAWS

ARTICLE I – NAME AND AUTHORITY

Section 1. Name

The Name of this organization shall be the Parking Advisory Committee of the City of Pismo Beach, California; hereinafter referred to as the PAC.

Section 2. Authority

The PAC is established under the authority of the City Council of the City of Pismo Beach to aid in the conduct of the business of the City within the policy direction of the Council. The body's membership, constitution, duties, and other aspects may be amended, or the body dissolved, by majority action of the Council at any time.

The PAC is established by City Council resolution and these Bylaws have been, and will be, periodically updated in accordance with policy direction of the Council with respect to the body.

ARTICLE II – PURPOSE

The PAC is a body of community members created to advise the City Council on parking-related issues within Pismo Beach city limits.

ARTICLE III – DUTIES AND RESPONSIBILITIES

The PAC shall have the ability, as vested by the City Council, and be required:

A. To act as an advisory committee to the City Council with respect to implementation of an overall Parking Management Program;
B. To act as an advisory committee to the City Council with respect to parking issues within Pismo Beach;
C. To act as a community forum to hear requests from the public regarding the operation and maintenance of parking lots and programs within Pismo Beach; D. To maintain adequate liaison with other committees, agencies and districts; and E. To advise Council as to other matters upon the Council’s request.

ARTICLE IV – MEMBERSHIP

Section 1. Membership

The PAC shall consist of five (5) persons, or such other number of persons as directed by the City Council, hereinafter referred to as Members.

Section 2. Qualifications and Appointment

Members of the PAC shall be appointed by action of the City Council. No Member shall be an employee of, or hold any other office with, the City of Pismo Beach, except as allowed by Article Attachment 2.A
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V Section 4 of these Bylaws. In accordance with Pismo Beach Municipal Code Section

2.42.010, any person convicted of a felony shall not be eligible for service. Applicants must be at least 18 years of age at time of appointment.

Each Member of the PAC shall be appointed by a majority of the City Council. No Member shall be an employee or other official of the City of Pismo Beach. Applicant must be at least 18 years of age at time of appointment.

1. Each Member of the PAC shall have demonstrated interest in, and knowledge of, Pismo Beach parking issues;

2. At least three Members shall be residents of Pismo Beach; and

3. No more than two Members may be individuals who are not residents of Pismo Beach, provided they are owners/operators of businesses within Pismo Beach city limits.

By applying for appointment to the PAC, Members pledge to meet the minimum attendance requirement.

Section 3. Absences

Members shall make a good faith attempt to notify the Chair and Secretary in advance of an anticipated absence from any meeting.

Each Member is allowed no more than 2 absences from all meetings per calendar year.

Should a Member exceed these allowed absences by one absence, staff shall notify the City Clerk, who shall notify the City Council.

If, in the opinion of the Mayor, the Member's excessive absences warrant consideration of action by the entire Council, the Mayor shall direct the City Clerk to schedule an agenda item allowing the City Council to consider in open session the continued service of the Member. In the alternative, the Council, in open session, may grant a Member a defined leave of absence without regard to this Section’s attendance requirements.

Section 4. Suspension or Termination

In addition to provisions for termination due to excessive absences as described above, the City Council may terminate or suspend any Member of the PAC prior to the expiration of the Member’s term of office, with or without cause, provided the action is properly agendized and conducted in open session in accordance with the Brown Act, and the termination or suspension is approved by majority vote.

Termination shall mean that the Member's seat is deemed to be completely vacated.

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Section 5. Resignation

Any Member wishing to resign their membership with the PAC prior to the scheduled end of their term shall do so by delivering written notice to the City Clerk. If the notice of resignation does not set forth a resignation date, the resignation will be deemed effective as of the date the notice is received by the City Clerk or City Clerk's designee.

Section 6. Public Cooperation

The PAC, and committees thereof, may work with member(s) of the public in pursuit of the PAC's purpose and duties, however no member of the public shall be officially recognized as an ex-officio member or at-large member, or otherwise engaged in any way so as to render the member of the public subject to the provisions of the Brown Act, unless directed by the Council.

Section 7. Compensation

The PAC may receive compensation in the form of a stipend as established from time to time by Resolution of the City Council. Members may choose to waive receipt of their stipend if desired.

Whether or not a Member chooses to receive an allowed stipend shall not factor into decisions about discipline or membership status.

ARTICLE V – TERM OF OFFICE

Section 1. Term

The term of office for each appointee to the PAC shall be two (2) years. Members are eligible for reappointment unless determined to no longer meet the minimum eligibility requirements or unless previously terminated with prejudice. No term limits apply to the PAC. Terms are staggered to encourage a mix of policy continuity and institutional knowledge while allowing time for new Members, with new and different points of view, to be integrated into the PAC.

New and re-appointed Members commence their terms on March 1st annually; mid-term appointments to fill unanticipated vacancies begin the day the appointment is made by the Council and expire at the term's scheduled end date unless otherwise directed by a majority of the City Council.

Section 2. Oath of Office

Members of the PAC shall take the constitutionally prescribed Oath of Office for public officials.

The City Clerk or designee will administer an Oath of Office to new and re-appointed Members prior to or at the commencement of the Member's first meeting in each term. At the discretion of liaison staff, the Oath of Office may be scheduled as a ceremonial item during open session.

Section 3. Membership Year

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Section 4. Dual Service

ARTICLE VI – OFFICERS AND ELECTIONS

Section 1. Officers

Elected officers of the PAC shall consist of one Chair and one Vice-Chair.

Appointed officers shall consist of a Secretary, which duties shall be performed by a staff member appointed by the Community Development Department Director or designee.

Section 2. Annual Election of Officers

At the commencement of the first PAC meeting held on or after March 1 of every year, there shall be elected from among the membership of the PAC one Chair and one Vice-Chair. A majority of the PAC may determine to postpone the formal election of officers until a subsequent meeting if deemed necessary or desirable.

In the event a vacancy exists in the office of Chair at the commencement of new terms, the Vice-Chair shall serve as Acting Chair until officers have been elected.

In the event a vacancy exists in both offices of Chair and Vice-Chair at the commencement of new terms, present members shall elect an Acting Chair to serve until officers have been elected.

Section 3. Term of Office

Section 4. Nominations & Voting

The Chair or Acting Chair will open the floor to nominations for the office of Chair. Any Member may nominate any one other Member for the office; the nomination must be seconded.

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Upon seconding of the nomination, the Member who has been nominated shall be given the opportunity to decline the nomination. If the Member does not decline, their nomination stands.

The same procedure is then repeated for the election of Vice-Chair.

Section 5. Vacancy of an Office

In any event of vacancy, absence, or incapacity of the Chair, the Vice-Chair shall serve as Acting Chair until the Chair resumes office or a new Chair is elected.

Section 6. Removal of Elected Officers

The Chair or Vice-Chair may be removed from office by a majority vote of the PAC.

If an officer is removed in absentia, the PAC Secretary shall deliver written notice to the Member of their removal as soon thereafter as feasible.

Any officer removed ceases to hold the office once the vote has been tallied and announced. If the Chair is removed, the Vice-Chair shall become the Acting Chair until such time that a special election can be held in accordance with Section 5. above.

Section 7. Duties of the Chair

The Chair shall preside at all meetings. Points of order and meeting conduct shall be settled by the Chair, unless overruled by a majority vote of the PAC, in compliance with the Brown Act, these Bylaws, and the City's Advisory Body Handbook. Points of order not addressed by the foregoing will be decided in accordance with the most current version of Rosenberg’s Rules of Order to the extent practicable. Failure to strictly comply with Rosenberg’s Rules of Order shall not invalidate any action taken. Staff will assist the Chair with this compliance where appropriate.

The Chair acts as primary contact for staff for certain matters not requiring action by a majority of the body, and shall represent the PAC before City Council whenever deemed necessary or desirable by the PAC or Council.

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Section 8. Duties of the Vice-Chair

The Vice-Chair shall assume all duties of the Chair in the event of vacancy, absence, incapacity of the Chair.

Section 9. Duties of the Acting Chair

Unless otherwise assigned, the Secretary shall serve as the Meeting Clerk of the PAC.

ARTICLE VII – STAFF SUPPORT

Section 1. Staff Duties

The City Manager shall designate appropriate staff to act as staff liaisons to assist and support the PAC in the fulfillment of its duties and responsibilities.

Staff shall be responsible for creation and/or provision of such reports, studies, and technical recommendations as are necessary to assist the PAC in the conduct of its business, shall publish meeting agendas and shall post, publish, and circulate any required public notices associated therewith. Staff shall attend all regular and special PAC meetings, assist the Chair with administration of the meeting, and record the minutes of the meetings.

Staff shall work closely with the Chair or other individual Members between meetings as needed to advance matters not requiring action of the entire body, and may represent the PAC at other meetings, presentations, and other public functions as requested.

Staff shall be responsible for the maintenance of proper records and files pertaining to PAC business in accordance with Article XIII. Staff shall receive and enter into the record all public comment, petitions, or other documents presented to the PAC in support of, or in opposition to, any question before the PAC, and make the records available to the public upon request except where exempt by law.

The Secretary of the PAC shall act as a designee of the City Clerk with respect to attestation of all documents evidencing legislative actions of the PAC, and shall carefully curate the same.

The Secretary shall be responsible for working with the City Clerk or, as needed, the City Attorney to assure administration of the PAC's business in accordance with the Brown Act. Any staff so designated by the City Clerk must take the Oath in order to attest to any such documents.

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Section 2. Staff Relationship to the PAC

Staff support and assistance is provided to the PAC in pursuit of the achievement of Council Goals and completion of other approved work plan items. Staff members work closely with advisory bodies, however advisory bodies do not exercise supervisory authority, are not employees, and are outside staff chains of command. Staff members remain responsible to their immediate supervisors and ultimately to the City Manager, while PAC Members are responsible directly to the City Council.

However, individual Members shall not make separate work product requests of staff without discussion and approval of the PAC in open session, and shall not request that staff undertake work outside Council's policy direction for the body.

ARTICLE VIII – MEETINGS

Section 1. Time and Location of Meetings

By adoption of these Bylaws as policy, the City Council has thereby set the regular meeting schedule for the PAC as follows:

The fourth Wednesday of every third month, at 9:00 a.m.

Regular meeting months shall be January, April, July, and October.

Unless otherwise noticed, the PAC shall hold its meetings in the Council Chamber, Pismo Beach City Hall.

Section 2. Cancellation and Rescheduling

Regular meetings may be cancelled as follows:

In the event a meeting is cancelled reactively due to lack of quorum, a Notice of Adjournment shall be posted and the unheard business re-agendized for a subsequent meeting.

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In the event a public hearing has been noticed for a meeting date that is subsequently cancelled, staff shall appear at the noticed meeting time and place to inform any attendees as to the cancellation of the meeting.

Cancellation may be done by a majority of the PAC, by staff in consultation with the Chair, or by staff with notification to the Chair when there is no business of immediate concern to agendize.

Staff shall make a good-faith attempt to gain majority consensus where feasible before cancelling a meeting, and shall at a minimum issue notification to all members immediately upon determining to cancel a meeting.

Section 3. Special Meetings

Special Meetings of the PAC may be called by a majority of the PAC, by the Chair of the PAC, by staff in consultation with the Chair, or by staff with notification to the Chair when advance consultation is infeasible. Staff and/or the Chair shall make a good-faith attempt to gain majority consensus where feasible before calling a Special Meeting, and shall at a minimum issue notification to all members immediately upon determining to call a Special Meeting.

There shall be no limit to the number of Special Meetings that may be called in a given year.

ARTICLE IX – CONDUCT OF MEETINGS

Section 1. Compliance with the Brown Act and Council Policies

All regular, special, and adjourned meetings of the PAC shall be open meetings to which all members of the public shall be admitted without restriction or qualification. In all respects, the conduct of the PAC, its meetings, and its Members, shall comport with the Brown Act, California Government Code Sections 54950—54963. Meetings will be held at locations accessible to persons with disabilities, and reasonable accommodations shall be made to the greatest extent possible.

Section 2. General Conduct of Meetings

Points of order and meeting conduct shall be settled by the Chair, unless overruled by a majority vote of the PAC, in compliance with the Brown Act, these Bylaws, and the City's Advisory Body Handbook. Points of order not addressed by the foregoing will be decided in accordance with the most current version of Rosenberg’s Rules of Order where practicable. Failure to strictly comply with Rosenberg’s Rules of Order shall not invalidate any action taken. Staff will assist the Chair with this compliance where appropriate. Unresolved issues shall be referred to staff and continued to a future meeting.

Members shall address members of the public and other meeting participants through the Chair.

The general public wishing to speak on an item shall be encouraged to address Members or other persons present through the Chair.

Section 3. How Items Are Placed on the Agenda

Working within the framework of City Goals, budget, and other policy direction set by the City Council, staff will identify the need for and schedule the majority of PAC agenda items.

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Future agenda items may be requested by a Member of the PAC in open session. Such items shall be agendized by staff if approved by a majority of the PAC and generally in keeping with the PAC’s assigned purview. In the event a future agenda item is requested by a member of the public in open session, the PAC shall not be obligated to deliberate on the agenda item request, however any Member may assent to requesting that the PAC consider agendizing the item, in the manner described in this paragraph.

Occasional agenda item requests from a member of the public received outside of a noticed meeting, or other atypical agenda items, may be considered by staff, in consultation with the Chair, for suitability for being agendized when consulting with a majority of the PAC is infeasible due to time constraints. Issues may also be referred to the PAC by the City Council and staff shall agendize them in a timely fashion.

Section 4. Quorum

A quorum of the PAC shall consist of a majority (more than half) of the total number of PAC seats, regardless of any vacancies that may exist.

Section 5. Absence of a Quorum

Section 6. Agenda

Staff shall set and publish the meeting agenda and its format shall conform to the template set by staff.

Section 7. Order of Business

The Chair or a majority vote of the PAC may change the order of business during a meeting.

Section 8. Seating Arrangement

Section 9. Meeting End Time

No agenda item shall be introduced after 11:00 a.m. without the consent of a majority (more than half) of the Members present. Should majority approval fail to be granted for extension of the meeting, a Notice of Adjournment shall be posted and the unheard business re-agendized for a subsequent meeting.

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ARTICLE X – MOTIONS

Section 1. Call for Motion

Section 2. Seconding a Motion

The Chair shall receive all motions and shall call for a second to each motion. The Chair may second a motion.

Section 3. Lack of a Second

Section 4. Discussion/Debate

Section 5. Time Limits on Discussion/Debate

The Chair reserves the discretion to limit the duration of debate on any motion, but shall ensure that each Member has the opportunity to speak.

Section 6. Amending a Motion

Section 7. Withdrawing a Motion

Section 8. Motion to Table

A motion to table may be made to suspend consideration of an item that appears on a meeting agenda for reasons of urgency or to end an unproductive discussion. A motion to table is not in order when another Member has the floor. A motion to table requires a second, is not Attachment 2.A
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debatable, is not amendable, requires a majority vote for passage, and, if adopted, cannot be reconsidered at the meeting at which it is adopted.

Members will refrain from using a motion to table as a means of capriciously limiting debate among Members, or to suppress a minority of the PAC. Motions to table shall only be made after the opportunity has been given for public input on the item.

ARTICLE XI – VOTING

Section 1. Recusal (Disqualification due to Conflict of Interest)

In accordance with the City of Pismo Beach's Conflict of Interest Code, which incorporates applicable components of the Political Reform Act, California Government Code Section 87100 et seq. and California Code of Regulations Title 2 Section 18700 et seq., Members of the PAC shall disqualify themselves from making, participating in the making of, or in any way using their official position to influence, a governmental decision if it is reasonably foreseeable that the decision will have a material financial effect, that is distinguishable from its effect on the public generally, upon the Member and certain immediate family members.

The Member shall publicly identify the financial interest that gives rise to the conflict in detail sufficient to be understood by the public:

o If the conflict arises from an investment, the Member shall announce the name of the business entity in which each investment is held;
o If the conflict arises from a business position, the Member shall give a general description of the business activity in which the business entity is engaged as well as the name of the business entity;
o If the conflict arises from real property, the Member shall announce the address or another indication of the location of the property, unless the property is the public official's principal or personal residence, in which case, the Member shall announce that the property is a residence and disclosure of the exact street address of a residence is not required;
o If the conflict arises from income or gifts, the Member shall identify the source; and o If the conflict arises from personal financial effect, the Member shall identify of the expense, liability, asset, or income affected.

• The Member shall recuse themselves from discussing and voting on the matter by vacating their seat until the matter in question has been resolved.

• The Member shall leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters. Exception: a Member of the PAC who is recused from discussion due to conflict of interest may choose to listen from the audience with the general Attachment 2.A
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public, and may address the PAC regarding the Member’s personal interests in the matter during the time that the general public speaks on the issue, if the Member has complied with all of the above.

The stated reason for the Member's recusal shall be noted in the meeting minutes.

Except as may be required by applicable law, a Member who is recused due to conflict of interest may not be called upon to break a tie or form a quorum.

Section 2. Abstention (Voluntarily Declining to Vote)

Members may routinely abstain from voting upon the adoption of minutes from a prior meeting at which the Member was not in attendance, or upon their own nomination to the office of Chair or Vice-Chair. However, capricious, or excessive abstention shall be avoided and may be cause for removal from the PAC.

Section 3. Roll Call Vote

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Section 4. Voice Vote

The Chair shall call the question in the form of "All in favor?" followed by "All opposed?" and then "Abstaining?"

Each Member shall clearly state “Aye," "Yes," or "Yea" in the affirmative; “No," or "Nay" in the negative; or "Abstain."

Section 5. Sealed Ballot Votes

The PAC shall not take a secret ballot vote, whether preliminary or final.

Section 6. Passage of Motion

Passage of a motion shall be made by a simple majority of the Members present and voting, except as otherwise required by law. Staff shall inform the PAC, as a component of a staff report and/or during oral comment on the item, when a particular item requires greater than a simple majority to pass.

Section 7. Tie Votes

A tie vote is a failed motion resulting in “no action,” regardless of the reason. Such failure to act shall constitute neither approval nor denial.

Except as may be required by applicable law, a Member who is recused due to conflict of interest may not be called upon to break a tie.

Section 8. Failure to Approve

Failure of a motion to approve shall not necessarily constitute denial, and vice versa. A Member may propose an alternative motion subject to the procedures of Article X – Motions.

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Section 9. Results of Voting

Section 10. General Consensus

The PAC may reach general consensus on a matter not requiring a motion and provide its recommendation or direction to staff without motion or vote. The Chair shall solicit assent from at least a majority of Members in a manner that is evident to staff, and shall confirm with staff that the recommendation or direction received is clear.

ARTICLE XII – REPORTS

Section 1. Agenda Reports to PAC

Matters placed upon an agenda for consideration by the PAC shall be accompanied by a written report of staff if the request involves the adoption of a resolution or approval of other written policy or procedural document, the rendering of a formal recommendation on a matter to be heard by higher body, and in other cases determined appropriate by staff. A consistent report format shall be adopted.

Reports of staff shall clearly state staff's recommendation for action and the rationale therefor, and shall provide sufficient background information and context to allow the PAC to render a well-informed decision or recommendation. Documents that are the subject of, or will substantially aid, deliberations shall be attached to and discussed within such reports. Where an agenda item requires deliberation and/or recommendation on project design or other aesthetic considerations, plans, photographs, or other relevant visual aids shall be included with the agenda materials for consideration in advance of the meeting.

Section 2. Subcommittee Reports

Committee reports provided to the PAC may be verbal or written; written reports shall be entered into the record of materials associated with the meeting.

Section 3. Rendering of Recommendations to Council

Recommendations of the PAC deemed necessary or desirable for consideration by the City Council shall be presented to the Council in a manner deemed appropriate by the City Manager.

Recommendations to be forwarded to the Council in open session shall be prepared by staff in the manner typical of all other Council matters. A report conforming to the format and standards for City Council agenda items shall be prepared by department staff and their Department Head, and presented to the City Manager for scheduling and approval.

In the event that staff's professional recommendation on a matter differs from the recommendation rendered by the PAC, staff's report to Council on the matter shall include both recommendations, and a thorough analysis of each, for the Council's consideration.

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ARTICLE XIII – RECORD KEEPING

Section 1. Maintenance of Records

All PAC records shall be maintained by staff according to the City of Pismo Beach Records Retention Schedule.

Section 2. Minutes

Action-only minutes will be produced for all PAC meetings in a format substantially similar to that used for City Council meetings. Minutes shall serve solely as record of the legislative actions occurring at each meeting, with minimal additional editorial content, subject to the determination of the Secretary. The PAC Secretary shall have sole responsibility for preparation of meeting minutes, and any direction for change in the minutes shall be made only by majority action of the PAC. Minutes shall be reviewed and/or amended and then approved by the PAC at the next feasible regular meeting.

Subcommittee reports presented orally in a meeting shall be briefly summarized in the minutes.

Section 3. Audio and Video Recording of Meetings

Proceedings for all PAC meetings shall be recorded whenever possible. When video recording/broadcasting is not readily feasible, an audio recording shall be made. Any meeting recordings shall be retained pursuant to the City of Pismo Beach Records Retention Schedule.

In compliance with the Brown Act, Members of the public have the right to make recordings of a meeting so long as meeting proceedings are not disrupted.

ARTICLE XIV – COMMITTEES

Section 1. Subcommittees

Subcommittees consisting of less than a majority of the PAC may be established by a majority of the PAC, or by staff in consultation with the Chair when action by the majority of the PAC to establish a committee is infeasible due to time constraints. Such committees shall be established to gather information or deliberate on a particular issue deemed necessary to carrying out the functions and purpose of the PAC, for a limited duration. Staff may attend, but shall not be required to provide comprehensive staff support to, subcommittee meetings.

A Subcommittee member or staff member shall publicly report upon any activity of the committee in open session at the next available meeting. Following subcommittee input, the PAC shall deliberate and act upon on the designated issue, thereby providing the public with the opportunity to participate in the decision-making process. Any report(s) of the subcommittee on its subject of investigation shall be entered into the public record and shall serve in lieu of any meeting minutes for the committee. Subcommittees shall be dissolved once their specific task is completed.

No subcommittee shall be formed in such a manner as to subject it to the requirements of the Brown Act.

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Section 2. Standing Committees

Standing Committees may be established by a majority of the PAC to gather information or deliberate on issues deemed necessary to carrying out the functions and purpose of the PAC, on an ongoing basis. Any such standing committee with continuing subject matter jurisdiction, regardless of its composition or number or office of members, shall be deemed to be subject to the Brown Act unless advised otherwise by the City Attorney. Staff shall not provide administrative or legislative support to any standing committee unless directed to do so by the City Council.

All standing committees shall provide written or oral reports in public session, no less than quarterly, to the PAC.

Section 3. Committee Meetings

All Standing Committee and Subcommittee meetings shall be held at times mutually agreeable to the committee members.

ARTICLE XV – AMENDMENTS

A majority of the full membership of the City Council may amend these bylaws at any juncture with or without prior review or recommendation by the PAC.

The PAC shall schedule its review of these Bylaws at least biennially and shall render a recommendation to the City Council regarding any recommended amendments hereto. Review shall be conducted as soon as feasible following the annual seating of members and election of officers.

ARTICLE XVI – ADOPTION OF BYLAWS

Immediately upon favorable vote of a majority of the full membership of the City Council of the City of Pismo Beach, these Bylaws shall be in full force and effect. All previously adopted bylaws are hereby superseded.

The provisions of these Bylaws shall not preclude the preparation and adoption of further procedural manuals and policies by which the PAC may direct its activities.

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RESOLUTION NO. R-2023-XXX

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

CALIFORNIA ADOPTING REVISED BYLAWS FOR THE PARKS, RECREATION AND BEAUTIFICATION COMMISSION; RESCINDING RESOLUTION R-2020-013

WHEREAS, Bylaws are the City Council’s policy statement on the purpose, duties, composition, and operation of its Advisory Bodies; and

WHEREAS, Bylaws for the Parks, Recreation and Beautification Commission were last revised in 2020; and

WHEREAS, the newly-updated Bylaws reflect recent recommendations from the Commission regarding absence thresholds and meeting end times, as well as updates recommended by staff to modernize Political Reform compliance practices and other aspects of the body’s administration.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby adopts revised Bylaws for the Parks, Recreation and Beautification Commission, as set forth in Exhibit A hereto.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby rescinds Resolution R-2020-013, which adopted the prior Bylaws.

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
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City of Pismo Beach

Parks, Recreation and Beautification Commission

BYLAWS

Revision History:

R-2023-XXX, XXXX 2023
R-2020-013, February 4, 2020
R-2019-016, March 5, 2019
R-2017-094, October 17, 2017
R-2009-054, August 18, 2009
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TABLE OF CONTENTS

ARTICLE I – NAME AND AUTHORITY ........................................................................................ 3 Section 1. Name ........................................................................................................................ 3 Section 2. Authority ................................................................................................................... 3 ARTICLE II – PURPOSE .............................................................................................................. 3 ARTICLE III – DUTIES AND RESPONSIBILITIES ....................................................................... 3 ARTICLE IV – MEMBERSHIP ...................................................................................................... 4 Section 1. Membership .............................................................................................................. 4 Section 2. Qualifications and Appointment ................................................................................ 4 Section 3. Absences .................................................................................................................. 4 Section 4. Suspension or Termination ...................................................................................... 5 Section 5. Resignation .............................................................................................................. 5 Section 6. Public Cooperation ................................................................................................... 5 ARTICLE V – TERM OF OFFICE ................................................................................................. 5 Section 1. Term ......................................................................................................................... 5 Section 3. Membership Year ..................................................................................................... 6 Section 4. Dual Service ............................................................................................................. 6 ARTICLE VI – OFFICERS AND ELECTIONS .............................................................................. 6 Section 1. Officers ..................................................................................................................... 6 Section 2. Annual Election of Officers ....................................................................................... 6 Section 3. Term of Office ........................................................................................................... 7 Section 4. Nominations & Voting ............................................................................................... 7 Section 5. Vacancy of an Office ................................................................................................ 7 Section 6. Removal of Elected Officers ..................................................................................... 7 Section 7. Duties of the Chair .................................................................................................... 8 Section 8. Duties of the Vice-Chair ........................................................................................... 8 Section 9. Duties of the Acting Chair ......................................................................................... 8 Section 10. Duties of the Secretary ........................................................................................... 8 ARTICLE VII – STAFF SUPPORT ................................................................................................ 8 Section 1. Staff Duties ............................................................................................................... 8 Section 2. Staff Relationship to the PRBC ................................................................................ 9 ARTICLE VIII – MEETINGS .......................................................................................................... 9 Section 1. Time and Location of Meetings ................................................................................ 9 Section 2. Cancellation and Rescheduling ................................................................................ 9 Section 3. Special Meetings .................................................................................................... 10 ARTICLE IX – CONDUCT OF MEETINGS ................................................................................. 10 Section 1. Compliance with the Brown Act and Council Policies ............................................ 10 Section 2. General Conduct of Meetings ................................................................................. 10 Section 3. How Items Are Placed on the Agenda ................................................................... 11 Section 4. Quorum .................................................................................................................. 11 Section 5. Absence of a Quorum ............................................................................................ 11 Section 6. Agenda ................................................................................................................... 11 Section 7. Order of Business ................................................................................................... 11 Section 8. Seating Arrangement ............................................................................................. 11 Attachment 3.A
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ARTICLE X – MOTIONS ............................................................................................................. 12 Section 1. Call for Motion ........................................................................................................ 12 Section 2. Seconding a Motion ................................................................................................ 12 Section 3. Lack of a Second .................................................................................................... 12 Section 4. Discussion/Debate ................................................................................................. 12 Section 5. Time Limits on Discussion/Debate ......................................................................... 12 Section 6. Amending a Motion ................................................................................................ 12 Section 7. Withdrawing a Motion ............................................................................................. 12 Section 8. Motion to Table ....................................................................................................... 13 ARTICLE XI – VOTING ............................................................................................................... 13 Section 1. Recusal (Disqualification due to Conflict of Interest) .............................................. 13 Section 2. Abstention (Voluntarily Declining to Vote) .............................................................. 14 Section 3. Roll Call Vote .......................................................................................................... 14 Section 4. Voice Vote .............................................................................................................. 15 Section 5. Sealed Ballot Votes ................................................................................................ 15 Section 6. Passage of Motion .................................................................................................. 15 Section 7. Tie Votes ................................................................................................................ 15 Section 8. Failure to Approve .................................................................................................. 16 Section 9. Results of Voting .................................................................................................... 16 ARTICLE XII – REPORTS .......................................................................................................... 16 Section 1. Agenda Reports to PRBC ...................................................................................... 16 Section 2. Subcommittee Reports ........................................................................................... 16 Section 3. Rendering of Recommendations to Council ........................................................... 16 ARTICLE XIII – RECORD KEEPING .......................................................................................... 17 Section 1. Maintenance of Records ........................................................................................ 17 Section 2. Minutes ................................................................................................................... 17 Section 3. Audio and Video Recording of Meetings ................................................................ 17 ARTICLE XIV – COMMITTEES .................................................................................................. 17 Section 1. Subcommittees ....................................................................................................... 17 Section 2. Standing Committees ............................................................................................. 18 Section 3. Committee Meetings .............................................................................................. 18 ARTICLE XV – AMENDMENTS ................................................................................................. 18 ARTICLE XVI – ADOPTION OF BYLAWS ................................................................................. 18

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City of Pismo Beach

Parks, Recreation and Beautification Commission
BYLAWS

ARTICLE I – NAME AND AUTHORITY

Section 1. Name

The Name of this organization shall be the Parks, Recreation and Beautification Commission of the City of Pismo Beach, California; hereinafter referred to as the PRBC.

Section 2. Authority

The PRBC is established under the authority of the City Council of the City of Pismo Beach to aid in the conduct of the business of the City within the policy direction of the Council. The body's membership, constitution, duties, and other aspects may be amended, or the body dissolved, by majority action of the Council at any time.

The PRBC is established by City Council resolution and these Bylaws have been, and will be, periodically updated in accordance with policy direction of the Council with respect to the body.

ARTICLE II – PURPOSE

The PRBC is a body of residents created to advise the City Council in all matters pertaining to parks, public recreation, access, open space, trails, and community beautification.

ARTICLE III – DUTIES AND RESPONSIBILITIES

The PRBC shall have the ability, as vested by the City Council, and be required:

A. To make recommendations and/or take action to assist the City Council in achieving its stated goals pertaining to parks, public recreation, access, open space, trails, and community beautification.

B. To gather public input on all matters pertaining to parks, public recreation, access, open space, trails, and community beautification, and to cooperate with other governmental agencies and civic groups for the enhancement of visual quality and the advancement of sound parks and recreation planning and programming.

C. To recommend policies and fees for park and recreation services for approval by the City Council and interpret these policies and fees to the public.

D. To encourage individuals and citizen groups to volunteer effort, time, and resources for the development and operation of recreation and park facilities and at all times generally enlist community interest in recreation and parks.

E. To recommend to the City Council the development of recreational areas, parks, facilities, programs and improved recreation services.

F. To recommend to the City Council the adoption of standards concerning parks, recreation, access, open space, and trails with respect to areas, facilities, programs and improved recreation services.

G. To advise Parks and Recreation staff in the preparation of the annual parks maintenance, park improvement, and recreation program budgets and recommend long- range park and recreation facilities improvements.

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H. To recommend to the City Council rules and regulations governing the use of recreation areas and facilities consistent with ordinances of the City for the safe and appropriate use of City parks and facilities.

I. To review and make recommendations on landscape plans for public rights-of-way, parks, major subdivisions, public properties, and other projects on referral from the City Council or the Planning Commission.

J. To identify and recognize efforts to improve the visual quality of the community.

K. To review public art concepts, select ad-hoc review committees, hold hearings, make recommendations to the City Council, and other duties related to the City's Public Art Program.

L. To devise processes and/or provide oversight for special projects, or aspects of projects, that fall under the category of public art or enhancement of City visual quality.

ARTICLE IV – MEMBERSHIP

Section 1. Membership

The PRBC shall consist of five (5) persons, or such other number of persons as directed by the City Council, hereinafter referred to as Members.

Section 2. Qualifications and Appointment

Members of the PRBC shall be appointed by action of the City Council. No Member shall be an employee of, or hold any other office with, the City of Pismo Beach, except as allowed by Article V Section 4 of these Bylaws. In accordance with Pismo Beach Municipal Code Section

2.42.010, any person convicted of a felony shall not be eligible for service. Applicants must be at least 18 years of age at time of appointment.

Each Member of the PRBC shall be a resident of the city of Pismo Beach at the time of appointment and during the entire term of service.

By applying for appointment to the PRBC, Members pledge to meet the minimum attendance requirement.

Section 3. Absences

Members shall make a good faith attempt to notify the Chair and Secretary in advance of an anticipated absence from any meeting.

Each Member is allowed no more than 2 absences from all meetings per calendar year.

Should a Member exceed these allowed absences by one absence, staff shall notify the City Clerk, who shall notify the City Council.

If, in the opinion of the Mayor, the Member's excessive absences warrant consideration of action by the entire Council, the Mayor shall direct the City Clerk to schedule an agenda item allowing the City Council to consider in open session the continued service of the Member. In Attachment 3.A
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the alternative, the Council, in open session, may grant a Member a defined leave of absence without regard to this Section’s attendance requirements.

Section 4. Suspension or Termination

In addition to provisions for termination due to excessive absences as described above, the City Council may terminate or suspend any Member of the PRBC prior to the expiration of the Member’s term of office, with or without cause, provided the action is properly agendized and conducted in open session in accordance with the Brown Act, and the termination or suspension is approved by majority vote.

Termination shall mean that the Member's seat is deemed to be completely vacated.

Section 5. Resignation

Any Member wishing to resign their membership with the PRBC prior to the scheduled end of their term shall do so by delivering written notice to the City Clerk. If the notice of resignation does not set forth a resignation date, the resignation will be deemed effective as of the date the notice is received by the City Clerk or City Clerk's designee.

Section 6. Public Cooperation

The PRBC, and committees thereof, may work with member(s) of the public in pursuit of the PRBC's purpose and duties, however no member of the public shall be officially recognized as an ex-officio member or at-large member, or otherwise engaged in any way so as to render the member of the public subject to the provisions of the Brown Act, unless directed by the Council.

Section 7. Compensation

The PRBC may receive compensation in the form of a stipend as established from time to time by Resolution of the City Council. Members may choose to waive receipt of their stipend if desired. Whether or not a Member chooses to receive an allowed stipend shall not factor into decisions about discipline or membership status.

ARTICLE V – TERM OF OFFICE

Section 1. Term

The term of office for each appointee to the PRBC shall be two (2) years. Members are eligible for reappointment unless determined to no longer meet the minimum eligibility requirements or unless previously terminated with prejudice. No term limits apply to the PRBC. Terms are staggered to encourage a mix of policy continuity and institutional knowledge while allowing time for new Members, with new and different points of view, to be integrated into the PRBC.

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Section 2. Oath of Office

Members of the PRBC shall take the constitutionally prescribed Oath of Office for public officials. The City Clerk or designee will administer an Oath of Office to new and re-appointed Members prior to or at the commencement of the Member's first meeting in each term. At the discretion of liaison staff, the Oath of Office may be scheduled as a ceremonial item during open session.

Section 3. Membership Year

Section 4. Dual Service

ARTICLE VI – OFFICERS AND ELECTIONS

Section 1. Officers

Elected officers of the PRBC shall consist of one Chair and one Vice-Chair.

Appointed officers shall consist of a Secretary, which duties shall be performed by a staff member appointed by the Tourism and Events Department Director or designee.

Section 2. Annual Election of Officers

At the commencement of the first PRBC meeting held on or after March 1 of every year, there shall be elected from among the membership of the PRBC one Chair and one Vice-Chair. A majority of the PRBC may determine to postpone the formal election of officers until a subsequent meeting if deemed necessary or desirable.

In the event a vacancy exists in the office of Chair at the commencement of new terms, the Vice-Chair shall serve as Acting Chair until officers have been elected.

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In the event a vacancy exists in both offices of Chair and Vice-Chair at the commencement of new terms, present members shall elect an Acting Chair to serve until officers have been elected.

Section 3. Term of Office

Section 4. Nominations & Voting

The Chair or Acting Chair will open the floor to nominations for the office of Chair. Any Member may nominate any one other Member for the office; the nomination must be seconded.

Upon seconding of the nomination, the Member who has been nominated shall be given the opportunity to decline the nomination. If the Member does not decline, their nomination stands.

The same procedure is then repeated for the election of Vice-Chair.

Section 5. Vacancy of an Office

In any event of vacancy, absence, or incapacity of the Chair, the Vice-Chair shall serve as Acting Chair until the Chair resumes office or a new Chair is elected.

Section 6. Removal of Elected Officers

The Chair or Vice-Chair may be removed from office by a majority vote of the PRBC.

If an officer is removed in absentia, the PRBC Secretary shall deliver written notice to the Member of their removal as soon thereafter as feasible.

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Section 7. Duties of the Chair

The Chair shall preside at all meetings. Points of order and meeting conduct shall be settled by the Chair, unless overruled by a majority vote of the PRBC, in compliance with the Brown Act, these Bylaws, and the City's Advisory Body Handbook. Points of order not addressed by the foregoing will be decided in accordance with the most current version of Rosenberg’s Rules of Order to the extent practicable. Failure to strictly comply with Rosenberg’s Rules of Order shall not invalidate any action taken. Staff will assist the Chair with this compliance where appropriate.

The Chair acts as primary contact for staff for certain matters not requiring action by a majority of the body, and shall represent the PRBC before City Council whenever deemed necessary or desirable by the PRBC or Council.

Section 8. Duties of the Vice-Chair

The Vice-Chair shall assume all duties of the Chair in the event of vacancy, absence, incapacity of the Chair.

Section 9. Duties of the Acting Chair

Unless otherwise assigned, the Secretary shall serve as the Meeting Clerk of the PRBC.

ARTICLE VII – STAFF SUPPORT

Section 1. Staff Duties

The City Manager shall designate appropriate staff to act as staff liaisons to assist and support the PRBC in the fulfillment of its duties and responsibilities.

Staff shall be responsible for creation and/or provision of such reports, studies, and technical recommendations as are necessary to assist the PRBC in the conduct of its business, shall publish meeting agendas and shall post, publish, and circulate any required public notices associated therewith. Staff shall attend all regular and special PRBC meetings, assist the Chair with administration of the meeting, and record the minutes of the meetings.

Staff shall work closely with the Chair or other individual Members between meetings as needed to advance matters not requiring action of the entire body, and may represent the PRBC at other meetings, presentations, and other public functions as requested.

Staff shall be responsible for the maintenance of proper records and files pertaining to PRBC business in accordance with Article XIII. Staff shall receive and enter into the record all public Attachment 3.A
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comment, petitions, or other documents presented to the PRBC in support of, or in opposition to, any question before the PRBC, and make the records available to the public upon request except where exempt by law.

The Secretary of the PRBC shall act as a designee of the City Clerk with respect to attestation of all documents evidencing legislative actions of the PRBC, and shall carefully curate the same. The Secretary shall be responsible for working with the City Clerk or, as needed, the City Attorney to assure administration of the PRBC's business in accordance with the Brown Act.

Any staff so designated by the City Clerk must take the Oath in order to attest to any such documents.

Section 2. Staff Relationship to the PRBC

Staff support and assistance is provided to the PRBC in pursuit of the achievement of Council Goals and completion of other approved work plan items. Staff members work closely with advisory bodies, however advisory bodies do not exercise supervisory authority, are not employees, and are outside staff chains of command. Staff members remain responsible to their immediate supervisors and ultimately to the City Manager, while PRBC Members are responsible directly to the City Council.

However, individual Members shall not make separate work product requests of staff without discussion and approval of the PRBC in open session, and shall not request that staff undertake work outside Council's policy direction for the body.

ARTICLE VIII – MEETINGS

Section 1. Time and Location of Meetings

By adoption of these Bylaws as policy, the City Council has thereby set the regular meeting schedule for the PRBC as follows:

The first Thursday of every other month, at 6:00 p.m.

Regular meeting months shall be January, March, May, July, September, and November.

Unless otherwise noticed, the PRBC shall hold its meetings in the Council Chamber, Pismo Beach City Hall.

Section 2. Cancellation and Rescheduling

Regular meetings may be cancelled as follows:

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• Reactively, if a quorum does not appear within 15 minutes of the scheduled meeting start time, or if a quorum is lost during the meeting.

In the event a meeting is cancelled reactively due to lack of quorum, a Notice of Adjournment shall be posted and the unheard business re-agendized for a subsequent meeting.

Cancellation may be done by a majority of the PRBC, by staff in consultation with the Chair, or by staff with notification to the Chair when there is no business of immediate concern to agendize. Staff shall make a good-faith attempt to gain majority consensus where feasible before cancelling a meeting, and shall at a minimum issue notification to all members immediately upon determining to cancel a meeting.

Section 3. Special Meetings

Special Meetings of the PRBC may be called by a majority of the PRBC, by the Chair of the PRBC, by staff in consultation with the Chair, or by staff with notification to the Chair when advance consultation is infeasible. Staff and/or the Chair shall make a good-faith attempt to gain majority consensus where feasible before calling a Special Meeting, and shall at a minimum issue notification to all members immediately upon determining to call a Special Meeting.

There shall be no limit to the number of Special Meetings that may be called in a given year.

ARTICLE IX – CONDUCT OF MEETINGS

Section 1. Compliance with the Brown Act and Council Policies

All regular, special, and adjourned meetings of the PRBC shall be open meetings to which all members of the public shall be admitted without restriction or qualification. In all respects, the conduct of the PRBC, its meetings, and its Members, shall comport with the Brown Act, California Government Code Sections 54950—54963. Meetings will be held at locations accessible to persons with disabilities, and reasonable accommodations shall be made to the greatest extent possible.

Section 2. General Conduct of Meetings

Points of order and meeting conduct shall be settled by the Chair, unless overruled by a majority vote of the PRBC, in compliance with the Brown Act, these Bylaws, and the City's Advisory Body Handbook. Points of order not addressed by the foregoing will be decided in accordance with the most current version of Rosenberg’s Rules of Order where practicable. Failure to strictly comply with Rosenberg’s Rules of Order shall not invalidate any action taken. Staff will assist the Chair with this compliance where appropriate. Unresolved issues shall be referred to staff and continued to a future meeting.

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Members shall address members of the public and other meeting participants through the Chair.

The general public wishing to speak on an item shall be encouraged to address Members or other persons present through the Chair.

Section 3. How Items Are Placed on the Agenda

Working within the framework of City Goals, budget, and other policy direction set by the City Council, staff will identify the need for and schedule the majority of PRBC agenda items.

Future agenda items may be requested by a Member of the PRBC in open session. Such items shall be agendized by staff if approved by a majority of the PRBC and generally in keeping with the PRBC’s assigned purview. In the event a future agenda item is requested by a member of the public in open session, the PRBC shall not be obligated to deliberate on the agenda item request, however any Member may assent to requesting that the PRBC consider agendizing the item, in the manner described in this paragraph.

Occasional agenda item requests from a member of the public received outside of a noticed meeting, or other atypical agenda items, may be considered by staff, in consultation with the Chair, for suitability for being agendized when consulting with a majority of the PRBC is infeasible due to time constraints. Issues may also be referred to the PRBC by the City Council and staff shall agendize them in a timely fashion.

Section 4. Quorum

A quorum of the PRBC shall consist of a majority (more than half) of the total number of PRBC seats, regardless of any vacancies that may exist.

Section 5. Absence of a Quorum

Section 6. Agenda

Staff shall set and publish the meeting agenda and its format shall conform to the template set by staff.

Section 7. Order of Business

The Chair or a majority vote of the PRBC may change the order of business during a meeting.

Section 8. Seating Arrangement

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Section 9. Meeting End Time

No agenda item shall be introduced after 8:00 p.m. without the consent of a majority (more than half) of the Members present. Should majority approval fail to be granted for extension of the meeting, a Notice of Adjournment shall be posted and the unheard business re-agendized for a subsequent meeting.

ARTICLE X – MOTIONS

Section 1. Call for Motion

Section 2. Seconding a Motion

The Chair shall receive all motions and shall call for a second to each motion. The Chair may second a motion.

Section 3. Lack of a Second

Section 4. Discussion/Debate

Section 5. Time Limits on Discussion/Debate

The Chair reserves the discretion to limit the duration of debate on any motion, but shall ensure that each Member has the opportunity to speak.

Section 6. Amending a Motion

Section 7. Withdrawing a Motion

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Section 8. Motion to Table

Members will refrain from using a motion to table as a means of capriciously limiting debate among Members, or to suppress a minority of the PRBC. Motions to table shall only be made after the opportunity has been given for public input on the item.

ARTICLE XI – VOTING

Section 1. Recusal (Disqualification due to Conflict of Interest)

In accordance with the City of Pismo Beach's Conflict of Interest Code, which incorporates applicable components of the Political Reform Act, California Government Code Section 87100 et seq. and California Code of Regulations Title 2 Section 18700 et seq., Members of the PRBC shall disqualify themselves from making, participating in the making of, or in any way using their official position to influence, a governmental decision if it is reasonably foreseeable that the decision will have a material financial effect, that is distinguishable from its effect on the public generally, upon the Member and certain immediate family members.

The Member shall publicly identify the financial interest that gives rise to the conflict in detail sufficient to be understood by the public:

• The Member shall recuse themselves from discussing and voting on the matter by vacating their seat until the matter in question has been resolved.

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• The Member shall leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters. Exception: a Member of the PRBC who is recused from discussion due to conflict of interest may choose to listen from the audience with the general public, and may address the PRBC regarding the Member’s personal interests in the matter during the time that the general public speaks on the issue, if the Member has complied with all of the above.

The stated reason for the Member's recusal shall be noted in the meeting minutes.

Except as may be required by applicable law, a Member who is recused due to conflict of interest may not be called upon to break a tie or form a quorum.

Section 2. Abstention (Voluntarily Declining to Vote)

Members may routinely abstain from voting upon the adoption of minutes from a prior meeting at which the Member was not in attendance, or upon their own nomination to the office of Chair or Vice-Chair. However, capricious, or excessive abstention shall be avoided and may be cause for removal from the PRBC.

Section 3. Roll Call Vote

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Section 4. Voice Vote

The Chair shall call the question in the form of "All in favor?" followed by "All opposed?" and then "Abstaining?"

Each Member shall clearly state “Aye," "Yes," or "Yea" in the affirmative; “No," or "Nay" in the negative; or "Abstain."

Section 5. Sealed Ballot Votes

The PRBC shall not take a secret ballot vote, whether preliminary or final.

Section 6. Passage of Motion

Passage of a motion shall be made by a simple majority of the Members present and voting, except as otherwise required by law. Staff shall inform the PRBC, as a component of a staff report and/or during oral comment on the item, when a particular item requires greater than a simple majority to pass.

Section 7. Tie Votes

A tie vote is a failed motion resulting in “no action,” regardless of the reason. Such failure to act shall constitute neither approval nor denial.

Except as may be required by applicable law, a Member who is recused due to conflict of interest may not be called upon to break a tie.

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Section 8. Failure to Approve

Failure of a motion to approve shall not necessarily constitute denial, and vice versa. A Member may propose an alternative motion subject to the procedures of Article X – Motions.

Section 9. Results of Voting

Section 10. General Consensus

The PRBC may reach general consensus on a matter not requiring a motion and provide its recommendation or direction to staff without motion or vote. The Chair shall solicit assent from at least a majority of Members in a manner that is evident to staff, and shall confirm with staff that the recommendation or direction received is clear.

ARTICLE XII – REPORTS

Section 1. Agenda Reports to PRBC

Matters placed upon an agenda for consideration by the PRBC shall be accompanied by a written report of staff if the request involves the adoption of a resolution or approval of other written policy or procedural document, the rendering of a formal recommendation on a matter to be heard by higher body, and in other cases determined appropriate by staff. A consistent report format shall be adopted.

Reports of staff shall clearly state staff's recommendation for action and the rationale therefor, and shall provide sufficient background information and context to allow the PRBC to render a well-informed decision or recommendation. Documents that are the subject of, or will substantially aid, deliberations shall be attached to and discussed within such reports. Where an agenda item requires deliberation and/or recommendation on project design or other aesthetic considerations, plans, photographs, or other relevant visual aids shall be included with the agenda materials for consideration in advance of the meeting.

Section 2. Subcommittee Reports

Committee reports provided to the PRBC may be verbal or written; written reports shall be entered into the record of materials associated with the meeting.

Section 3. Rendering of Recommendations to Council

Recommendations of the PRBC deemed necessary or desirable for consideration by the City Council shall be presented to the Council in a manner deemed appropriate by the City Manager.

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In the event that staff's professional recommendation on a matter differs from the recommendation rendered by the PRBC, staff's report to Council on the matter shall include both recommendations, and a thorough analysis of each, for the Council's consideration.

ARTICLE XIII – RECORD KEEPING

Section 1. Maintenance of Records

All PRBC records shall be maintained by staff according to the City of Pismo Beach Records Retention Schedule.

Section 2. Minutes

Action-only minutes will be produced for all PRBC meetings in a format substantially similar to that used for City Council meetings. Minutes shall serve solely as record of the legislative actions occurring at each meeting, with minimal additional editorial content, subject to the determination of the Secretary. The PRBC Secretary shall have sole responsibility for preparation of meeting minutes, and any direction for change in the minutes shall be made only by majority action of the PRBC. Minutes shall be reviewed and/or amended and then approved by the PRBC at the next feasible regular meeting.

Subcommittee reports presented orally in a meeting shall be briefly summarized in the minutes.

Section 3. Audio and Video Recording of Meetings

Proceedings for all PRBC meetings shall be recorded whenever possible. When video recording/broadcasting is not readily feasible, an audio recording shall be made. Any meeting recordings shall be retained pursuant to the City of Pismo Beach Records Retention Schedule.

In compliance with the Brown Act, Members of the public have the right to make recordings of a meeting so long as meeting proceedings are not disrupted.

ARTICLE XIV – COMMITTEES

Section 1. Subcommittees

Subcommittees consisting of less than a majority of the PRBC may be established by a majority of the PRBC, or by staff in consultation with the Chair when action by the majority of the PRBC to establish a committee is infeasible due to time constraints. Such committees shall be established to gather information or deliberate on a particular issue deemed necessary to carrying out the functions and purpose of the PRBC, for a limited duration. Staff may attend, but shall not be required to provide comprehensive staff support to, subcommittee meetings.

A Subcommittee member or staff member shall publicly report upon any activity of the committee in open session at the next available meeting. Following subcommittee input, the PRBC shall deliberate and act upon on the designated issue, thereby providing the public with the opportunity to participate in the decision-making process. Any report(s) of the subcommittee on its subject of investigation shall be entered into the public record and shall serve in lieu of any meeting minutes for the committee. Subcommittees shall be dissolved once their specific task is completed.

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No subcommittee shall be formed in such a manner as to subject it to the requirements of the Brown Act.

Section 2. Standing Committees

Standing Committees may be established by a majority of the PRBC to gather information or deliberate on issues deemed necessary to carrying out the functions and purpose of the PRBC, on an ongoing basis. Any such standing committee with continuing subject matter jurisdiction, regardless of its composition or number or office of members, shall be deemed to be subject to the Brown Act unless advised otherwise by the City Attorney. Staff shall not provide administrative or legislative support to any standing committee unless directed to do so by the City Council.

All standing committees shall provide written or oral reports in public session, no less than quarterly, to the PRBC.

Section 3. Committee Meetings

All Standing Committee and Subcommittee meetings shall be held at times mutually agreeable to the committee members.

ARTICLE XV – AMENDMENTS

A majority of the full membership of the City Council may amend these bylaws at any juncture with or without prior review or recommendation by the PRBC.

The PRBC shall schedule its review of these Bylaws at least biennially and shall render a recommendation to the City Council regarding any recommended amendments hereto. Review shall be conducted as soon as feasible following the annual seating of members and election of officers.

ARTICLE XVI – ADOPTION OF BYLAWS

The provisions of these Bylaws shall not preclude the preparation and adoption of further procedural manuals and policies by which the PRBC may direct its activities.

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RESOLUTION NO. R-2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADOPTING REVISED BYLAWS FOR THE PLANNING COMMISSION; RESCINDING RESOLUTION R-2020-014
WHEREAS, Bylaws are the City Council’s policy statement on the purpose, duties, composition, and operation of its Advisory Bodies; and
WHEREAS, Bylaws for the Planning Commission were last revised in 2020; and WHEREAS, the newly-updated Bylaws reflect recent recommendations from the Commission regarding absence thresholds and meeting end times, as well as updates recommended by staff to clarify the Commission’s duties under state law, and modernize Political Reform compliance practices and other aspects of the body’s administration.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby adopts revised Bylaws for the Planning Commission, as set forth in Exhibit A hereto.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby rescinds Resolution R-2020-014, which adopted the prior Bylaws.

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
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City of Pismo Beach
Planning Commission
BYLAWS
Revision History:

R-2023-XXX, XXXX 2023
R-2020-014, February 4, 2020
R-2019-017, March 5, 2019
R-2017-095, October 17, 2017
R-2009-053, August 18, 2009
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TABLE OF CONTENTS

ARTICLE I – NAME AND AUTHORITY ........................................................................................ 3 Section 1. Name ........................................................................................................................ 3 Section 2. Authority ................................................................................................................... 3 ARTICLE II – PURPOSE .............................................................................................................. 3 ARTICLE III – DUTIES AND RESPONSIBILITIES ....................................................................... 3 ARTICLE IV – MEMBERSHIP ...................................................................................................... 4 Section 1. Membership .............................................................................................................. 4 Section 2. Qualifications and Appointment ................................................................................ 4 Section 3. Absences .................................................................................................................. 4 Section 4. Suspension or Termination ...................................................................................... 4 Section 5. Resignation .............................................................................................................. 5 Section 6. Public Cooperation ................................................................................................... 5 ARTICLE V – TERM OF OFFICE ................................................................................................. 5 Section 1. Term ......................................................................................................................... 5 Section 3. Membership Year ..................................................................................................... 6 Section 4. Dual Service ............................................................................................................. 6 ARTICLE VI – OFFICERS AND ELECTIONS .............................................................................. 6 Section 1. Officers ..................................................................................................................... 6 Section 2. Annual Election of Officers ....................................................................................... 6 Section 3. Term of Office ........................................................................................................... 7 Section 4. Nominations & Voting ............................................................................................... 7 Section 5. Vacancy of an Office ................................................................................................ 7 Section 6. Removal of Elected Officers ..................................................................................... 7 Section 7. Duties of the Chair .................................................................................................... 8 Section 8. Duties of the Vice-Chair ........................................................................................... 8 Section 9. Duties of the Acting Chair ......................................................................................... 8 Section 10. Duties of the Secretary ........................................................................................... 8 ARTICLE VII – STAFF SUPPORT ................................................................................................ 8 Section 1. Staff Duties ............................................................................................................... 8 Section 2. Staff Relationship to the Planning Commission ....................................................... 9 ARTICLE VIII – MEETINGS .......................................................................................................... 9 Section 1. Time and Location of Meetings ................................................................................ 9 Section 2. Cancellation and Rescheduling ................................................................................ 9 Section 3. Special Meetings .................................................................................................... 10 ARTICLE IX – CONDUCT OF MEETINGS ................................................................................. 10 Section 1. Compliance with the Brown Act and Council Policies ............................................ 10 Section 2. General Conduct of Meetings ................................................................................. 10 Section 3. How Items Are Placed on the Agenda ................................................................... 11 Section 4. Quorum .................................................................................................................. 11 Section 5. Absence of a Quorum ............................................................................................ 11 Section 6. Agenda ................................................................................................................... 11 Section 7. Order of Business ................................................................................................... 11 Section 8. Seating Arrangement ............................................................................................. 12 Attachment 4.A
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ARTICLE X – MOTIONS ............................................................................................................. 12 Section 1. Call for Motion ........................................................................................................ 12 Section 2. Seconding a Motion ................................................................................................ 12 Section 3. Lack of a Second .................................................................................................... 12 Section 4. Discussion/Debate ................................................................................................. 12 Section 5. Time Limits on Discussion/Debate ......................................................................... 12 Section 6. Amending a Motion ................................................................................................ 12 Section 7. Withdrawing a Motion ............................................................................................. 13 Section 8. Motion to Table ....................................................................................................... 13 ARTICLE XI – VOTING ............................................................................................................... 13 Section 1. Recusal (Disqualification due to Conflict of Interest) .............................................. 13 Section 2. Abstention (Voluntarily Declining to Vote) .............................................................. 14 Section 3. Roll Call Vote .......................................................................................................... 14 Section 4. Voice Vote .............................................................................................................. 15 Section 5. Sealed Ballot Votes ................................................................................................ 15 Section 6. Passage of Motion .................................................................................................. 15 Section 7. Tie Votes ................................................................................................................ 16 Section 8. Failure to Approve .................................................................................................. 16 Section 9. Results of Voting .................................................................................................... 16 ARTICLE XII – REPORTS .......................................................................................................... 16 Section 1. Agenda Reports to Planning Commission .............................................................. 16 Section 2. Subcommittee Reports ........................................................................................... 16 Section 3. Rendering of Recommendations to Council ........................................................... 17 ARTICLE XIII – RECORD KEEPING .......................................................................................... 17 Section 1. Maintenance of Records ........................................................................................ 17 Section 2. Minutes ................................................................................................................... 17 Section 3. Audio and Video Recording of Meetings ................................................................ 17 ARTICLE XIV – COMMITTEES .................................................................................................. 18 Section 1. Subcommittees ....................................................................................................... 18 Section 2. Standing Committees ............................................................................................. 18 Section 3. Committee Meetings .............................................................................................. 18 ARTICLE XV – AMENDMENTS ................................................................................................. 18 ARTICLE XVI – ADOPTION OF BYLAWS ................................................................................. 19

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City of Pismo Beach

Planning Commission
BYLAWS

ARTICLE I – NAME AND AUTHORITY

Section 1. Name

The Name of this organization shall be the Planning Commission of the City of Pismo Beach, California; hereinafter referred to as the Planning Commission.

Section 2. Authority

The Planning Commission is established under the authority of the City Council by Pismo Beach Municipal Code Chapter 2.20 in accordance with the requirements of California State statute (CA GC 65100 et seq.) to aid in the conduct of the business of the City within the policy direction of the Council. The body's membership, constitution, duties, and other aspects may be amended, or the body dissolved, by majority action of the Council at any time.

These Bylaws have been, and will be, periodically updated in accordance with policy direction of the Council with respect to the body.

ARTICLE II – PURPOSE

The Planning Commission is established to review and act on matters related to land use planning and development, with particular emphasis on the following:

1. To act as an advisory body to the City Council on land use planning and development issues.

2. To assure implementation of the General Plan/Local Coastal Plan and Zoning Code.

3. To function as the decision-making body for private development applications, and to make other recommendations to the City Council for the city’s development, pursuant to the provisions of the Municipal Code and applicable state laws.

ARTICLE III – DUTIES AND RESPONSIBILITIES

The Planning Commission shall have the ability, as vested by the City Council, and be required:

A. To prepare, periodically review, and revise, as necessary, the General Plan/Local Coastal Plan.

B. To implement the General Plan/Local Coastal Plan through actions including, but not limited to, the administration of Specific Plans and Zoning and Subdivision Ordinances.

C. To annually review the City's Capital Improvement Program for consistency with the General Plan/Local Coastal Plan.

D. To endeavor to promote public interest in, comment on, and understanding of the General Plan/Local Coastal Plan, and regulations relating to it.

E. To advise public officials and agencies, public utility companies, civic, educational, professional and other organizations, and citizens generally concerning implementation of the General Plan/Local Coastal Plan.

F. To promote the coordination of local plans and programs with the plans and programs of other public agencies.

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G.Perform other functions as the Council directs, including conducting studies and preparing plans other than those required.

ARTICLE IV – MEMBERSHIP
Section 1. Membership
The Planning Commission shall consist of five (5) persons, or such other number of persons as directed by the City Council, hereinafter referred to as Members.

Section 2. Qualifications and Appointment
Members of the Planning Commission shall be appointed by action of the City Council. No Member shall be an employee of, or hold any other office with, the City of Pismo Beach, except as allowed by Article V Section 4 of these Bylaws. In accordance with Pismo Beach Municipal Code Section 2.42.010, any person convicted of a felony shall not be eligible for service.

Applicants must be at least 18 years of age at time of appointment.

Each Member of the Planning Commission shall be a resident of the city of Pismo Beach at the time of appointment and during the entire term of service.

By applying for appointment to the Planning Commission, Members pledge to meet the minimum attendance requirement.

Section 3. Absences
Members shall make a good faith attempt to notify the Chair and Secretary in advance of an anticipated absence from any meeting.

Each Member is allowed no more than 4 absences from regular meetings per calendar year.

Should a Member exceed these allowed absences by one absence, staff shall notify the City Clerk, who shall notify the City Council.

If, in the opinion of the Mayor, the Member's excessive absences warrant consideration of action by the entire Council, the Mayor shall direct the City Clerk to schedule an agenda item allowing the City Council to consider in open session the continued service of the Member. In the alternative, the Council, in open session, may grant a Member a defined leave of absence without regard to this Section’s attendance requirements.

Section 4. Suspension or Termination
In addition to provisions for termination due to excessive absences as described above, the City Council may terminate or suspend any Member of the Planning Commission prior to the expiration of the Member’s term of office, with or without cause, provided the action is properly agendized and conducted in open session in accordance with the Brown Act, and the termination or suspension is approved by majority vote.

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Termination shall mean that the Member's seat is deemed to be completely vacated.

Section 5. Resignation

Any Member wishing to resign their membership with the Planning Commission prior to the scheduled end of their term shall do so by delivering written notice to the City Clerk. If the notice of resignation does not set forth a resignation date, the resignation will be deemed effective as of the date the notice is received by the City Clerk or City Clerk's designee.

Section 6. Public Cooperation

The Planning Commission, and committees thereof, may work with member(s) of the public in pursuit of the Planning Commission's purpose and duties, however no member of the public shall be officially recognized as an ex-officio member or at-large member, or otherwise engaged in any way so as to render the member of the public subject to the provisions of the Brown Act, unless directed by the Council.

Section 7. Compensation

The Planning Commission may receive compensation in the form of a stipend as established from time to time by Resolution of the City Council. Members may choose to waive receipt of their stipend if desired. Whether or not a Member chooses to receive an allowed stipend shall not factor into decisions about discipline or membership status.

ARTICLE V – TERM OF OFFICE

Section 1. Term

The term of office for each appointee to the Planning Commission shall be two (2) years.

Members are eligible for reappointment unless determined to no longer meet the minimum eligibility requirements or unless previously terminated with prejudice. No term limits apply to the Planning Commission. Terms are staggered to encourage a mix of policy continuity and institutional knowledge while allowing time for new Members, with new and different points of view, to be integrated into the Planning Commission.

Section 2. Oath of Office

Members of the Planning Commission shall take the constitutionally prescribed Oath of Office for public officials. The City Clerk or designee will administer an Oath of Office to new and re- appointed Members prior to or at the commencement of the Member's first meeting in each term. At the discretion of liaison staff, the Oath of Office may be scheduled as a ceremonial item during open session.

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Section 3. Membership Year

Section 4. Dual Service

ARTICLE VI – OFFICERS AND ELECTIONS

Section 1. Officers

Elected officers of the Planning Commission shall consist of one Chair and one Vice-Chair.

Appointed officers shall consist of a Secretary, which duties shall be performed by a staff member appointed by the Community Development Department Director or designee.

Section 2. Annual Election of Officers

At the commencement of the first Planning Commission meeting held on or after March 1 of every year, there shall be elected from among the membership of the Planning Commission one Chair and one Vice-Chair. A majority of the Planning Commission may determine to postpone the formal election of officers until a subsequent meeting if deemed necessary or desirable.

In the event a vacancy exists in the office of Chair at the commencement of new terms, the Vice-Chair shall serve as Acting Chair until officers have been elected.

In the event a vacancy exists in both offices of Chair and Vice-Chair at the commencement of new terms, present members shall elect an Acting Chair to serve until officers have been elected.

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Section 3. Term of Office

Section 4. Nominations & Voting

The Chair or Acting Chair will open the floor to nominations for the office of Chair. Any Member may nominate any one other Member for the office; the nomination must be seconded.

Upon seconding of the nomination, the Member who has been nominated shall be given the opportunity to decline the nomination. If the Member does not decline, their nomination stands.

The same procedure is then repeated for the election of Vice-Chair.

Section 5. Vacancy of an Office

In any event of vacancy, absence, or incapacity of the Chair, the Vice-Chair shall serve as Acting Chair until the Chair resumes office or a new Chair is elected.

Section 6. Removal of Elected Officers

The Chair or Vice-Chair may be removed from office by a majority vote of the Planning Commission.

If an officer is removed in absentia, the Planning Commission Secretary shall deliver written notice to the Member of their removal as soon thereafter as feasible.

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Section 7. Duties of the Chair

The Chair shall preside at all meetings. Points of order and meeting conduct shall be settled by the Chair, unless overruled by a majority vote of the Planning Commission, in compliance with the Brown Act, these Bylaws, and the City's Advisory Body Handbook. Points of order not addressed by the foregoing will be decided in accordance with the most current version of Rosenberg’s Rules of Order to the extent practicable. Failure to strictly comply with Rosenberg’s Rules of Order shall not invalidate any action taken. Staff will assist the Chair with this compliance where appropriate.

The Chair acts as primary contact for staff for certain matters not requiring action by a majority of the body, and shall represent the Planning Commission before City Council whenever deemed necessary or desirable by the Planning Commission or Council.

Section 8. Duties of the Vice-Chair

The Vice-Chair shall assume all duties of the Chair in the event of vacancy, absence, incapacity of the Chair.

Section 9. Duties of the Acting Chair

Unless otherwise assigned, the Secretary shall serve as the Meeting Clerk of the Planning Commission.

ARTICLE VII – STAFF SUPPORT

Section 1. Staff Duties

The City Manager shall designate appropriate staff to act as staff liaisons to assist and support the Planning Commission in the fulfillment of its duties and responsibilities.

Staff shall be responsible for creation and/or provision of such reports, studies, and technical recommendations as are necessary to assist the Planning Commission in the conduct of its business, shall publish meeting agendas and shall post, publish, and circulate any required public notices associated therewith. Staff shall attend all regular and special Planning Commission meetings, assist the Chair with administration of the meeting, and record the minutes of the meetings.

Staff shall work closely with the Chair or other individual Members between meetings as needed to advance matters not requiring action of the entire body, and may represent the Planning Commission at other meetings, presentations, and other public functions as requested.

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Staff shall be responsible for the maintenance of proper records and files pertaining to Planning Commission business in accordance with Article XIII. Staff shall receive and enter into the record all public comment, petitions, or other documents presented to the Planning Commission in support of, or in opposition to, any question before the Planning Commission, and make the records available to the public upon request except where exempt by law.

The Secretary of the Planning Commission shall act as a designee of the City Clerk with respect to attestation of all documents evidencing legislative actions of the Planning Commission, and shall carefully curate the same. The Secretary shall be responsible for working with the City Clerk or, as needed, the City Attorney to assure administration of the Planning Commission's business in accordance with the Brown Act. Any staff so designated by the City Clerk must take the Oath in order to attest to any such documents.

Section 2. Staff Relationship to the Planning Commission

Staff support and assistance is provided to the Planning Commission in pursuit of the achievement of Council Goals and completion of other approved work plan items. Staff members work closely with advisory bodies, however advisory bodies do not exercise supervisory authority, are not employees, and are outside staff chains of command. Staff members remain responsible to their immediate supervisors and ultimately to the City Manager, while Planning Commission Members are responsible directly to the City Council.

However, individual Members shall not make separate work product requests of staff without discussion and approval of the Planning Commission in open session, and shall not request that staff undertake work outside Council's policy direction for the body.

ARTICLE VIII – MEETINGS

Section 1. Time and Location of Meetings

By adoption of these Bylaws as policy, the City Council has thereby set the regular meeting schedule for the Planning Commission as follows:

The second and fourth Tuesdays of every month, at 6:00 p.m.

Unless otherwise noticed, the Planning Commission shall hold its meetings in the Council Chamber, Pismo Beach City Hall.

Section 2. Cancellation and Rescheduling

Regular meetings may be cancelled as follows:

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• Reactively, if a quorum does not appear within 15 minutes of the scheduled meeting start time, or if a quorum is lost during the meeting.

In the event a meeting is cancelled reactively due to lack of quorum, a Notice of Adjournment shall be posted and the unheard business re-agendized for a subsequent meeting.

Cancellation may be done by a majority of the Planning Commission, by staff in consultation with the Chair, or by staff with notification to the Chair when there is no business of immediate concern to agendize. Staff shall make a good-faith attempt to gain majority consensus where feasible before cancelling a meeting, and shall at a minimum issue notification to all members immediately upon determining to cancel a meeting.

Section 3. Special Meetings

Special Meetings of the Planning Commission may be called by a majority of the Planning Commission, by the Chair of the Planning Commission, by staff in consultation with the Chair, or by staff with notification to the Chair when advance consultation is infeasible. Staff and/or the Chair shall make a good-faith attempt to gain majority consensus where feasible before calling a Special Meeting, and shall at a minimum issue notification to all members immediately upon determining to call a Special Meeting.

There shall be no limit to the number of Special Meetings that may be called in a given year.

ARTICLE IX – CONDUCT OF MEETINGS

Section 1. Compliance with the Brown Act and Council Policies

All regular, special, and adjourned meetings of the Planning Commission shall be open meetings to which all members of the public shall be admitted without restriction or qualification.

In all respects, the conduct of the Planning Commission, its meetings, and its Members, shall comport with the Brown Act, California Government Code Sections 54950—54963. Meetings will be held at locations accessible to persons with disabilities, and reasonable accommodations shall be made to the greatest extent possible.

Section 2. General Conduct of Meetings

Points of order and meeting conduct shall be settled by the Chair, unless overruled by a majority vote of the Planning Commission, in compliance with the Brown Act, these Bylaws, and the City's Advisory Body Handbook. Points of order not addressed by the foregoing will be decided in accordance with the most current version of Rosenberg’s Rules of Order where practicable.

Failure to strictly comply with Rosenberg’s Rules of Order shall not invalidate any action taken.

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Staff will assist the Chair with this compliance where appropriate. Unresolved issues shall be referred to staff and continued to a future meeting.

Members shall address members of the public and other meeting participants through the Chair.

The general public wishing to speak on an item shall be encouraged to address Members or other persons present through the Chair.

Section 3. How Items Are Placed on the Agenda
Working within the framework of City Goals, budget, and other policy direction set by the City Council, staff will identify the need for and schedule the majority of Planning Commission agenda items.

Future agenda items may be requested by a Member of the Planning Commission in open session. Such items shall be agendized by staff if approved by a majority of the Planning Commission and generally in keeping with the Planning Commission’s assigned purview. In the event a future agenda item is requested by a member of the public in open session, the Planning Commission shall not be obligated to deliberate on the agenda item request, however any Member may assent to requesting that the Planning Commission consider agendizing the item, in the manner described in this paragraph.

Occasional agenda item requests from a member of the public received outside of a noticed meeting, or other atypical agenda items, may be considered by staff, in consultation with the Chair, for suitability for being agendized when consulting with a majority of the Planning Commission is infeasible due to time constraints. Issues may also be referred to the Planning Commission by the City Council and staff shall agendize them in a timely fashion.

Section 4. Quorum
A quorum of the Planning Commission shall consist of a majority (more than half) of the total number of Planning Commission seats, regardless of any vacancies that may exist.

Section 5. Absence of a Quorum
In the absence of a quorum at the start of any meeting, the meeting may not be convened. In the event a quorum is lost during a meeting, the meeting shall be immediately suspended. Refer to Article VIII Section 2. for meeting cancellation and rescheduling procedures.

Section 6. Agenda
Staff shall set and publish the meeting agenda and its format shall conform to the template set by staff.

Section 7. Order of Business
The Chair or a majority vote of the Planning Commission may change the order of business during a meeting.

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Section 8. Seating Arrangement

Section 9. Meeting End Time

No agenda item shall be introduced after 11:00 p.m. without the consent of a majority (more than half) of the Members present. Should majority approval fail to be granted for extension of the meeting, a Notice of Adjournment shall be posted and the unheard business re-agendized for a subsequent meeting.

ARTICLE X – MOTIONS

Section 1. Call for Motion

Section 2. Seconding a Motion

The Chair shall receive all motions and shall call for a second to each motion. The Chair may second a motion.

Section 3. Lack of a Second

Section 4. Discussion/Debate

Section 5. Time Limits on Discussion/Debate

The Chair reserves the discretion to limit the duration of debate on any motion, but shall ensure that each Member has the opportunity to speak.

Section 6. Amending a Motion

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Section 7. Withdrawing a Motion

Section 8. Motion to Table

Members will refrain from using a motion to table as a means of capriciously limiting debate among Members, or to suppress a minority of the Planning Commission. Motions to table shall only be made after the opportunity has been given for public input on the item.

ARTICLE XI – VOTING

Section 1. Recusal (Disqualification due to Conflict of Interest)

In accordance with the City of Pismo Beach's Conflict of Interest Code, which incorporates applicable components of the Political Reform Act, California Government Code Section 87100 et seq. and California Code of Regulations Title 2 Section 18700 et seq., Members of the Planning Commission shall disqualify themselves from making, participating in the making of, or in any way using their official position to influence, a governmental decision if it is reasonably foreseeable that the decision will have a material financial effect, that is distinguishable from its effect on the public generally, upon the Member and certain immediate family members.

The Member shall publicly identify the financial interest that gives rise to the conflict in detail sufficient to be understood by the public:

o If the conflict arises from an investment, the Member shall announce the name of the business entity in which each investment is held;
o If the conflict arises from a business position, the Member shall give a general description of the business activity in which the business entity is engaged as well as the name of the business entity;
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the property is a residence and disclosure of the exact street address of a residence is not required;
o If the conflict arises from income or gifts, the Member shall identify the source; and o If the conflict arises from personal financial effect, the Member shall identify of the expense, liability, asset, or income affected.

• The Member shall recuse themselves from discussing and voting on the matter by vacating their seat until the matter in question has been resolved.

• The Member shall leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters. Exception: a Member of the Planning Commission who is recused from discussion due to conflict of interest may choose to listen from the audience with the general public, and may address the Planning Commission regarding the Member’s personal interests in the matter during the time that the general public speaks on the issue, if the Member has complied with all of the above.

The stated reason for the Member's recusal shall be noted in the meeting minutes.

Except as may be required by applicable law, a Member who is recused due to conflict of interest may not be called upon to break a tie or form a quorum.

Section 2. Abstention (Voluntarily Declining to Vote)

Members may routinely abstain from voting upon the adoption of minutes from a prior meeting at which the Member was not in attendance, or upon their own nomination to the office of Chair or Vice-Chair. However, capricious, or excessive abstention shall be avoided and may be cause for removal from the Planning Commission.

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and seconded and no matters remain under discussion, the Chair shall call upon the Meeting Clerk to conduct a vote, and the Meeting Clerk shall upon each Member by name one at a time in the following order: Non-officer Members in alphabetical order by last name, then Vice-Chair, then Chair.

Section 4. Voice Vote
Where there is no objection from any Member or staff member, the Chair may conduct a vote by voice vote in lieu of a roll call vote, provided a roll call vote is not required by Section 3. above and provided that the result of the vote thereafter announced in compliance with the Brown Act.

The Chair shall call the question in the form of "All in favor?" followed by "All opposed?" and then "Abstaining?"
Each Member shall clearly state “Aye," "Yes," or "Yea" in the affirmative; “No," or "Nay" in the negative; or "Abstain."
In the event the outcome of a voice vote is unclear, any Member or staff member may request a roll call vote immediately following a voice vote. A roll call vote shall be taken without further discussion.

Section 5. Sealed Ballot Votes
The Planning Commission shall not take a secret ballot vote, whether preliminary or final.

Section 6. Passage of Motion
Passage of a motion shall be made by a simple majority of the Members present and voting, except as otherwise required by law. Staff shall inform the Planning Commission, as a component of a staff report and/or during oral comment on the item, when a particular item requires greater than a simple majority to pass.

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Section 7. Tie Votes

A tie vote is a failed motion resulting in “no action,” regardless of the reason. Such failure to act shall constitute neither approval nor denial.

Except as may be required by applicable law, a Member who is recused due to conflict of interest may not be called upon to break a tie.

Section 8. Failure to Approve

Failure of a motion to approve shall not necessarily constitute denial, and vice versa. A Member may propose an alternative motion subject to the procedures of Article X – Motions.

Section 9. Results of Voting

Section 10. General Consensus

The Planning Commission may reach general consensus on a matter not requiring a motion and provide its recommendation or direction to staff without motion or vote. The Chair shall solicit assent from at least a majority of Members in a manner that is evident to staff, and shall confirm with staff that the recommendation or direction received is clear.

ARTICLE XII – REPORTS

Section 1. Agenda Reports to Planning Commission

Matters placed upon an agenda for consideration by the Planning Commission shall be accompanied by a written report of staff if the request involves the adoption of a resolution or approval of other written policy or procedural document, the rendering of a formal recommendation on a matter to be heard by higher body, and in other cases determined appropriate by staff. A consistent report format shall be adopted.

Reports of staff shall clearly state staff's recommendation for action and the rationale therefor, and shall provide sufficient background information and context to allow the Planning Commission to render a well-informed decision or recommendation. Documents that are the subject of, or will substantially aid, deliberations shall be attached to and discussed within such reports. Where an agenda item requires deliberation and/or recommendation on project design or other aesthetic considerations, plans, photographs, or other relevant visual aids shall be included with the agenda materials for consideration in advance of the meeting.

Section 2. Subcommittee Reports

Committee reports provided to the Planning Commission may be verbal or written; written reports shall be entered into the record of materials associated with the meeting.

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Section 3. Rendering of Recommendations to Council

Recommendations of the Planning Commission deemed necessary or desirable for consideration by the City Council shall be presented to the Council in a manner deemed appropriate by the City Manager. Recommendations to be forwarded to the Council in open session shall be prepared by staff in the manner typical of all other Council matters. A report conforming to the format and standards for City Council agenda items shall be prepared by department staff and their Department Head, and presented to the City Manager for scheduling and approval.

In the event that staff's professional recommendation on a matter differs from the recommendation rendered by the Planning Commission, staff's report to Council on the matter shall include both recommendations, and a thorough analysis of each, for the Council's consideration.

ARTICLE XIII – RECORD KEEPING

Section 1. Maintenance of Records

All Planning Commission records shall be maintained by staff according to the City of Pismo Beach Records Retention Schedule.

Section 2. Minutes

Action-only minutes will be produced for all Planning Commission meetings in a format substantially similar to that used for City Council meetings. Minutes shall serve solely as record of the legislative actions occurring at each meeting, with minimal additional editorial content, subject to the determination of the Secretary. The Planning Commission Secretary shall have sole responsibility for preparation of meeting minutes, and any direction for change in the minutes shall be made only by majority action of the Planning Commission. Minutes shall be reviewed and/or amended and then approved by the Planning Commission at the next feasible regular meeting.

Subcommittee reports presented orally in a meeting shall be briefly summarized in the minutes.

Section 3. Audio and Video Recording of Meetings

Proceedings for all Planning Commission meetings shall be recorded whenever possible. When video recording/broadcasting is not readily feasible, an audio recording shall be made. Any meeting recordings shall be retained pursuant to the City of Pismo Beach Records Retention Schedule.

In compliance with the Brown Act, Members of the public have the right to make recordings of a meeting so long as meeting proceedings are not disrupted.

Attachment 4.A
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18 Rev. 2023-11-02
ARTICLE XIV – COMMITTEES
Section 1. Subcommittees
Subcommittees consisting of less than a majority of the Planning Commission may be established by a majority of the Planning Commission, or by staff in consultation with the Chair when action by the majority of the Planning Commission to establish a committee is infeasible due to time constraints. Such committees shall be established to gather information or deliberate on a particular issue deemed necessary to carrying out the functions and purpose of the Planning Commission, for a limited duration. Staff may attend, but shall not be required to provide comprehensive staff support to, subcommittee meetings.

A Subcommittee member or staff member shall publicly report upon any activity of the committee in open session at the next available meeting. Following subcommittee input, the Planning Commission shall deliberate and act upon on the designated issue, thereby providing the public with the opportunity to participate in the decision-making process. Any report(s) of the subcommittee on its subject of investigation shall be entered into the public record and shall serve in lieu of any meeting minutes for the committee. Subcommittees shall be dissolved once their specific task is completed.

No subcommittee shall be formed in such a manner as to subject it to the requirements of the Brown Act.

Section 2. Standing Committees
Standing Committees may be established by a majority of the Planning Commission to gather information or deliberate on issues deemed necessary to carrying out the functions and purpose of the Planning Commission, on an ongoing basis. Any such standing committee with continuing subject matter jurisdiction, regardless of its composition or number or office of members, shall be deemed to be subject to the Brown Act unless advised otherwise by the City Attorney. Staff shall not provide administrative or legislative support to any standing committee unless directed to do so by the City Council.

All standing committees shall provide written or oral reports in public session, no less than quarterly, to the Planning Commission.

Section 3. Committee Meetings
All Standing Committee and Subcommittee meetings shall be held at times mutually agreeable to the committee members.

ARTICLE XV – AMENDMENTS
A majority of the full membership of the City Council may amend these bylaws at any juncture with or without prior review or recommendation by the Planning Commission.

The Planning Commission shall schedule its review of these Bylaws at least biennially and shall render a recommendation to the City Council regarding any recommended amendments hereto.

Review shall be conducted as soon as feasible following the annual seating of members and election of officers.

Attachment 4.A
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19 Rev. 2023-11-02
ARTICLE XVI – ADOPTION OF BYLAWS

The provisions of these Bylaws shall not preclude the preparation and adoption of further procedural manuals and policies by which the Planning Commission may direct its activities.

Attachment 4.A
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RESOLUTION NO. R-2023-XXX

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

CALIFORNIA ADOPTING AN UPDATED PISMO BEACH ADVISORY BODY HANDBOOK; RESCINDING RESOLUTION R-2020-015

WHEREAS, the City's Advisory Body Handbook, which helps prospective applicants determine whether Advisory Body Membership might be right for them, and helps new and current Members navigate the wide variety of procedures, policies, and laws that apply to their duties, was most recently updated by Council Resolution R-2020-015; and

WHEREAS, the City Council has recently provided direction to staff that requires revisions to the Handbook; and

WHEREAS, the Handbook has been updated to reflect these and other changes to modernize the policies and procedures applicable to Advisory Bodies.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby adopts an updated Pismo Beach Advisory Body Handbook, attached hereto as Exhibit A.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby rescinds Resolution R-2020-015, which adopted the prior Advisory Body Handbook.

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 5
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rs
ADVISORYBODY
HANDBOOK

CONFERENCE&VISITORSBUREAUBOARD
PARKINGADVISORYCOMMITTEE
PARKS,RECREATION&BEAUTIFICATIONCOMMISSION
PLANNINGCOMMISSION
SPECIALEVENTSCOMMITTEE
TRAFFICSAFETYCOMMITTEE

RevisionHistory:
AmendedbyResolutionNo.RͲ2023ͲXXX
AmendedbyResolutionNo.RͲ2020Ͳ015
AmendedbyResolutionNo.RͲ2019Ͳ060
AmendedbyResolutionNo.RͲ2019Ͳ013
AmendedbyResolutionNo.RͲ2018Ͳ021
AdoptedbyResolutionNo.RͲ2015Ͳ010

Producedby:
PismoBeachCityClerk'sOffice|760MattieRoad,PismoBeach,CA93449 Phone(805)773Ͳ4657
Clerk'sOfficewebpage:pismobeach.org/cityclerk
AdvisoryBodieswebpage:pismobeach.org/advisorybodies
Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page2 I.Introduction............................................................................................................................4 II.AdvisoryBodyOverview..........................................................................................................5 III.Philosophy...............................................................................................................................6 A.HowAdvisoryBodiesBenefittheCityandtheCityCouncil..................................................6 B.HowAdvisoryBodiesBenefitthePublic................................................................................6 C.HowAdvisoryBodiesBenefittheirMembers........................................................................6 IV.Roles,Relationships,andExpectations....................................................................................7 A.RelationshipwiththeCityCouncil.........................................................................................7 B.RelationshipswithOtherAdvisoryBodyMembers...............................................................8 C.RelationshipwithStaff...........................................................................................................9 D.RelationshipswiththeGeneralPublicandMedia...............................................................10 E.PoliticalActivity....................................................................................................................10 V.ProceduralInformation.........................................................................................................11 A.ApplicationandAppointment..............................................................................................11 B.Orientation,Training&HoldingOffice................................................................................14 C.ConductofBusiness.............................................................................................................16 VI.BestPracticesandRulesofThumb.........................................................................................19 A.StayingInformed&BeingResponsive.................................................................................19 B.LegalandRegulatoryBestPractices....................................................................................20 VII.StateandLocalRegulations...................................................................................................23 A.StateLaws............................................................................................................................23 B.CityLawsandPolicies...........................................................................................................36 C.CulturalNorms.....................................................................................................................38 VIII.AdministrativePolicies..........................................................................................................39 A.Attendance...........................................................................................................................39 B.TrainingCompletion.............................................................................................................39 C.Compensation......................................................................................................................40 D.Travel....................................................................................................................................40 E.DualService..........................................................................................................................40 F.InjuryandClaims..................................................................................................................40 G.Recognition..........................................................................................................................41 H.ResignationfromOffice.......................................................................................................41 I.Suspension;RemovalfromOffice........................................................................................41 J.Technology...........................................................................................................................43 IX.AdvisoryBodies.....................................................................................................................44 Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page3 X.Conference&VisitorsBureauBoard(CVBB)..........................................................................45 XI.ParkingAdvisoryCommittee(PAC)........................................................................................47 XII.Parks,RecreationandBeautificationCommission(PRBC)......................................................49 XIII.PlanningCommission(PC).....................................................................................................51 XIV.SpecialEventsCommittee(SEC).............................................................................................53 XV.TrafficSafetyCommittee(TSC)..............................................................................................54 XVI.Appendices............................................................................................................................55 XVII.Appendix1:GovernmentOrganization&Operations............................................................56 A.CityCharacter.......................................................................................................................56 B.Government&CityCouncil..................................................................................................56 C.AdvisoryBodies....................................................................................................................56 D.CityOperations&Services...................................................................................................57 E.CityDepartmentsandDivisions...........................................................................................57 F.CitywideOrganizationalChart.............................................................................................58 XVIII.Appendix2:CodeofEthics....................................................................................................62 XIX.Appendix3:OathofOffice....................................................................................................66 XX.Appendix4:LinkstoRegulationsandResources....................................................................67 A.GeneralRegulations:............................................................................................................67 IndividualRegulations:.........................................................................................................67 B.67
C.ConflictsandDisclaimer.......................................................................................................69

Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page4 I. INTRODUCTION

AdvisoryBodyserviceisauniqueopportunityforcitizenstohelpshapetheircommunitiesbyinterfacing withtheirlocalgovernment.VolunteerserviceonanAdvisoryBodyisamutuallybeneficialrelationship thatadvancesthegoalsoftheCouncilandtheCity,servestheinterestsofthepublicatlarge,andis personallyenrichingformembers.
Formany,AdvisoryBodyserviceistheirfirsttransitionfrommemberofthepublictopublicofficial.The goalofthisHandbookistohelpprospectivemembersdeterminewhetherAdvisoryBodyservicemaybe rightforthem,demystifytheassociatedresponsibilitiesandregulations,andhelpcurrentmembers navigatetheirrole.
StaffandtheCouncilgreatlyappreciateyourinterestinservingyourcommunity.Currentandpotential applicants,currentmembers,andothersareencouragedtocontactstaffformoreinformationabout anyofthetopicscoveredinthisHandbook.
Withmuchgratitude,

TheCityofPismoBeach

Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page5 II. ADVISORYBODYOVERVIEW

AdvisoryBodiesarecommissions,committees,andboardsconsistingofvolunteercommunitymembers appointedbytheCityCounciltoreviewandmakerecommendationsonmatterswithinacertain purview.ThesebodiesreportdirectlytotheCityCouncilandreceivesupportfromassignedCitystaff. TheCityofPismoBeachhassixAdvisoryBodies,fourlegislativeandtwononͲlegislative.Legislative AdvisoryBodiesholdpublicmeetingsthatserveasacommunityforumonthemattersassignedtothe body,providefeedbacktostaffontechnicalmatters,andmakerecommendationstotheCouncilon certainpolicyissues.NonͲlegislativeAdvisoryBodiesarenotcreatedbyactionoftheCityCouncil,but theyconsidercertainrequestsfromthepublicandprovidefeedbacktostaffontechnicalmatters. Thelegislativebodies,asdefinedbyGovernmentCode,aresubjecttotheBrownActandtheirmembers aresubjecttostateͲmandatedtrainingrequirementsincludingethicsandharassmentprevention.All bodiesaresubjecttotheCity'sCodeofEthicsandportionsofthePoliticalReformAct,andmost Membersfile"Form700"statementsoffinancialinterest.MostbodieshaveadoptedBylaws,andsome arealsoregulatedbyCitymunicipalcodeprovisions. MostbodiesconsistofPismoBeachresidents;afewhavespecializedprovisionsforqualifiednonͲ residentmembers.AllAdvisoryBodymembersareinterviewedandappointedbytheentireCityCouncil atSpecialMeetingsthatareopentothepublic.
AdvisoryBodyseatscarryatermoftwoyears,expiringthelastdayofFebruaryeveryotheryear,with notermlimits.Termsarestaggeredsoapproximatelyhalfofeachbody'sseatscomeupfor reappointmenteachyear.Thisapproachisdesignedtoachieveabalancebetweencontinuityof experienceanddiversityofviewpoints.TheCityClerk'sOfficeconductsanannualrecruitmentbetween NovemberandJanuaryforallseatsexpiringthefollowingFebruary.Additionally,ifunscheduledmidͲ termvacanciesariseduetoresignationorremoval,theCityCouncilmaydirecttheClerk'sOfficeto conductaspecialrecruitmenttofillthevacancies.
CompletePurposeStatementsandmeetingschedulesaresetforthineachbody'sBylawsand summarizedinSectionIX,whichwillbeupdatedasanyCouncilͲdirectedchangesoccurtothe constitutionofthebodies.
LegislativeBodiesSummaryofPurview
Conference&VisitorsBureau/
LBIDBoardAttractionoftourism;useofLBIDfunds
ParkingAdvisoryCommitteeCityparkingfacilityplanningandoperations Parks,Recreation&
BeautificationCommissionRecreationfacilities;artandbeautificationprograms PlanningCommissionInterpretationoflanduseregulations;developmententitlement
NonͲLegislativeBodiesSummaryofPurview
SpecialEventsCommitteePermittingofcertainprivatelyͲsponsoredspecialeventsonpublic property
TrafficSafetyCommitteeEvaluationandimplementationoftrafficsafetymeasures Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page6 III. PHILOSOPHY
A. HowAdvisoryBodiesBenefittheCityandtheCityCouncil ThesubjectmatterjurisdictionoftheCityCouncilisquitebroad,andmakingwellͲinformeddecisions regardingeverymatterthatcomesbeforetheCouncilforconsiderationrequiresasignificant investmentoftimeandeffort.ItwouldbepracticallyinfeasibleforCouncilMemberstobecomesubject matterexpertsonallitemsrequiringtheapplicationofCouncilpolicy.Thus,forsubjectswarrantingthe mostthoroughstudyorrequiringthemostspecializedknowledgeinordertobeadequatelyaddressed, theCityCouncilcreatescitizenAdvisoryBodies.
Thesecitizensaretaskedwithinvestingenergyandleveragingspecializedknowledgetodistilltheissues withintheirassignedsubjectmatter.Theresultingrecommendationsinformthepolicydecisionsofthe Council,whichinturnhelpstheCityachieveitsmissionofservicetothepublic.Delegatingpowertothe PlanningCommissiontomakecertaindiscretionarydecisionsalsohelpslimitthenumberofmattersthat mustbeconsidereddirectlybytheCouncil.
Finally,AdvisoryBodiesactasaproxyfortheCouncilintheircollectionofcommunityinputontopics withinthebodies'purviews.AdvisoryBodyMembersarecommunitymemberswhointeractwithPismo Beach'sresidents,visitors,andbusinesscommunityeveryday,andthemajorityofbodiesholdcomment periodsateverymeeting.Thus,AdvisoryBodiesgreatlyincreasetheCity'scapacityforreceivingpublic input.
B. HowAdvisoryBodiesBenefitthePublic
AdvisoryBodiesandtheirMembersprovidemanyopportunitiesforthepublictoprovidetheirinputto theCity.Byitself,theCityCouncilprovidesapproximatelytwomeetingspermonthatwhichpublicinput maybeprovidedtotheentireCouncil,andfiveMembersatlargewholiveinthecommunityandserve asaconduitforcommunityfeedback.AmongtheCityCouncilandAdvisoryBodiescombined,however, thepublichasapproximatelyfivemeetingspermonthatwhichtoprovideinputandmorethan25 Membersatlargetointeractwith.
FormattersrequiringAdvisoryBodyconsideration,AdvisoryBodymeetingscanprovideanearlier opportunityforthepublictoprovideinput.Inaddition,AdvisoryBodymeetings,whicharelessformal thanCityCouncilmeetings,canbeawayformembersofthepublictoeaseintoparticipatingin meetingsoflocaldecisionͲmakers.
C. HowAdvisoryBodiesBenefittheirMembers
AdvisoryBodyserviceisauniqueopportunityformembersofthepublictohelpmakemeasurable improvementstothecommunity,improvethequalityoflifeforfellowcommunitymembers,getto knowlocalpublicofficials,andgainvaluableinsight.VolunteeringonanAdvisoryBodyallowsmembers ofthepublictoexperiencebeingapublicofficial,withtheassociatedesteemandresponsibility,but withouttherigorsofattainingelectedoffice.Thethresholdforentryisrelativelylow,andMembersget toexperiencetheirowngovernmentfromtheinside,gainingabalancedandwellͲinformedperspective ontheoperationofthegovernmentthatservesthemandtheirneighbors. AdvisoryBodyserviceisalsoadesirableadditiontoaresume,demonstratingawillingnesstoservethe community,andanabilitytomaintainacommitmentandfunctioninaresponsiblerolewithavarietyof demands.ManyPismoBeachresidentswhoareinterestedinholdingpublicofficeserveatleastone termonanAdvisoryBodybeforerunningforelectiontotheCityCouncil. Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page7 IV.ROLES,RELATIONSHIPS,ANDEXPECTATIONS
AdvisoryBodiesexisttoservethepublic,justastheCity'sstaffandelectedofficialsdo.Theirpurposeis tofurthertheworkoftheCity,whichisundertakenintheinterestofthepublicgood.Thegreatest servicetothepublicisachievedwhenAdvisoryBodyMembersarefocused,professional,efficient,and accountable.Allofthesecharacteristicsamounttogoodstewardshipofpublictrustandpublic resources.
WithintheCityorganization,AdvisoryBodyMembersfunctioninthespacebetweenthepolicydirection oftheCityCouncilandthetechnicalrecommendationsofstaff.Staffliaisonsrendertechnical recommendationstoAdvisoryBodies;AdvisoryBodiesrenderrecommendationstoCouncil;inturn,the CounciladoptspolicythatguidestheworkloadofstaffandAdvisoryBodies.Atalllevels,publicinputis consideredandrecommendationsanddecisionsaremadewiththewelfareofthepublicinmind.Refer tothediagrambelow.
LocalGovernmentProcess&Relationships

ContinuallybearingtheserelationshipsandexpectationsinmindiskeytothesuccessofAdvisoryBodies andtheirMembers.
A.RelationshipwiththeCityCouncil
TheCityCouncilistheelectedlegislativebodyoftheCityandisresponsibleformakingpolicydecisions, includingadoptingabudget,policyresolutions,andCitylaws.Thus,CouncilMembersareexpectedto makesounddecisionsregardingawidevarietyofissues,inservicetoanarrayofconstituents.The CouncilreliesonAdvisoryBodiestoactassubjectmatterexpertsonthetopicswithintheirpurview, makingtheCouncil'sdecisionͲmakingmoreefficientandwellͲinformed. Attachment 5.A
Council Agenda 11-7-2023 9.L-95
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page8 InherentintheCityCouncil’spolicymakingroleistheneedtoconsiderthebroadercontextof,and weighthetradeͲoffsinvolvedin,eachdecision.Consequently,whenanAdvisoryBodyrendersa recommendationtotheCouncil,theCouncilmayultimatelyaccept,reject,ormodifythe recommendation.Itisimportanttobearinmindthat,evenwhentheCouncildeclinestoactonthe recommendationofanAdvisoryBody,thebodyhasstillplayedacrucialpartintheprocess,actingasa conduittomaximizepublicinputanddistillingkeypointsforconsideration. InadditiontothepolicymakingrelationshipbetweenAdvisoryBodiesandtheCityCouncil,theCity CouncilexercisessolesupervisoryauthorityoverAdvisoryBodiesandtheirmembers.Membersare appointedby,anddirectlyaccountableto,theCityCouncilasawhole.Exceptasotherwiselimitedby statelaw(seeMaddyAct,page35),theCouncilreservestheauthoritytocreate,modify,anddissolve AdvisoryBodies,andtoappoint,discipline,andterminateMembersasitdeemsappropriate. B. RelationshipswithOtherAdvisoryBodyMembers
Rapport,civility,andaspiritofteamworkamongMembersplaysanimportantroleinthesuccessofCity AdvisoryBodies.WhileacertaindegreeofdifferingviewpointsisagivenamongtheMembersofany decisionͲmakingbody,workingtobuildconsensuswherepossibleanddealingprofessionallywith disagreementsiskeytotheconductofCitybusinessandservingtheinterestsofthepublic.The followingarerecommendedstartingpointsforcultivatingpositive,productiverelationshipsamong Members.
x RememberthatAdvisoryBodyMembers(alongwiththeCityCouncilandstaff)area"team" workingtowardacommongoalofgoodgovernanceandimprovingqualityoflifeforresidents, businessowners,andvisitors.
x RememberthatthesegoalsareaccomplishedinlargepartbydecisionͲmakingbodiesgetting theirworkdone—holdingmeetingsandmakingdecisionsefficiently. x RememberthateachMemberhasbeenchosenbytheCouncilbecauseofademonstrated willingnessandabilitytohelpfulfilltheCity'smission,andthatoneofthegoalsinappointing Membersisviewpointdiversity.
x Worktoidentifypointsofagreementasthestartingpointofadeliberation. x Ifpointsofdisagreementremain,identifythebasesforthedifferingviewpoints.Dependingon thecontext,Membersmaysimplyoragreetodisagree,ormayneedtoworktoreconcile differingviewpoints.WhenAdvisoryBodymembersinteractrespectfully,evenincaseof disagreement,thegroupasawholewillbemoreeffective. x Alloweachmember(andothermeetingparticipants)afairopportunitytovoicetheirviewpoint, whateveritmaybe.
x Don'tallowtechnicalorprofessionaldisagreementstonegativelyinfluencepersonal relationshipsbetweenMembers,andviceversa.
x DefertotheChairtorunmeetingsandrepresentthebody. x WelcomenewMembersandfacilitatetheirorientation. x RespectthecontributionsofpriormembersandbearinmindthatMembersmayresigntheir positions,ormaynotbereappointed,foravarietyofreasons.
Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page9 C. RelationshipwithStaff
EachAdvisoryBodyreceivesstaffsupportfromaCitydepartment,asassignedbytheCityManager. ThesestaffliaisonssupportAdvisoryBodyMembersbyprovidingtechnicalrecommendationsand identifyingthedecisionͲmakingframeworkfortheissuesbeforethebody.AdvisoryBodyMembers interactmostoftenwiththeirprimaryStaffLiaisonandSecretary: AdvisoryBodyPrimaryLiaisonSecretary
CVBBTEDDirector TourismCoordinator
PAC CDDDirector PlanningAdminSecretary
PRBC RecreationManager FacilitiesCoordinator
PC CDDDir./PlanningManagerPlanningAdminSecretary SEC TEDDirector(Chair)TourismCoordinator
TSC PublicWorksDirector EngineeringTechnician AdvisoryBodiesandtheirMembersdonotsupervise,andarenotsupervisedby,Citystaff.Whilestaff arechargedwithassistingAdvisoryBodiesinaccomplishingtheirduties,staffareaccountabletotheir supervisorsandultimatelytheCityManager.
Staffliaisonsinvestasignificantamountoftimeresearching,writingreports,andcrafting recommendationsformatterstobebroughtbeforethebody.Staffareresponsibleforprovidingclear analysisofsometimescomplexissuestofacilitatethedecisionͲmakingworkofAdvisoryBodies.Because staffmustrenderrecommendationsthattheydeemtobeinthebestinterestofthepublicandmost appropriatefortheCity—legally,operationally,fiscally,andotherwise—staff'srecommendationstothe CityCouncilmayattimesdifferfromtherecommendationsofAdvisoryBodies.IntheeventtheCouncil willconsideramatterwherestaffandAdvisoryBodyrecommendationsdiffer,bothrecommendations willbeanalyzedfortheCouncil'sconsideration.
Inadditiontothetechnicalandlegislativesupportprovidedbystaffliaisons,eachbodyanditsMembers receiveadministrativesupportfromtheCityClerk'sOfficerelatingtomembership,training,and regulatorycompliance.

1. SupportProvidedbyStaff
LiaisonstaffprovidecomprehensivesupporttotheirAdvisoryBodiesbysettingandpublishingmeeting agendas;attendingmeetingsandfacilitatingparliamentaryprocess;providingtechnicalreportsand recommendationsintheformofwrittenstaffreportsandoralpresentations;clerkingmeetingsand preparingmeetingminutes;curatingandprovidingpublicaccesstorecords;providinginformation regardingCouncilpolicyframework;andprovidingproceduralguidancerelatingtotheBrownAct, PoliticalReformAct,andotherapplicablelaws.Inaddition,liaisonstaffactasaconduittootherCity staffanddepartments.
TheCityClerk'sOfficeisresponsibleforconductingrecruitments,arranginginterviewswiththeCity Council,administeringmembershiprecords,keepingtrainingrecords,andprovidingprocedural guidancerelatingtotheBrownAct,PoliticalReformAct,andotherapplicablelaws.

2. SupportNotProvidedbyStaff
LiaisonstaffdonotprovideadministrativesupporttoMembersoutsidetheroutinebusinessofthe body;undertakeresearchorotherassignmentsfromindividualMembers,undertakeassignmentsfrom Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page10 thebodyoutsideCouncilpolicydirection;orprovidelegaladvicetoindividualMembersorthebodyasa whole.
D.RelationshipswiththeGeneralPublicandMedia
Asdiscussedabove,aspublicofficials,AdvisoryBodiesexisttoservethepublicbyaidingtheconductof theCity'sbusiness.Tothisend,AdvisoryBodiesplayaroleinadvisingtheCityCouncil'sdecisionͲ making,andresponsible,ethicaluseofthispowerisnecessarytoearnthepublic'strust.AdvisoryBody Members,whoarethemselvesmembersofthepublic,canappreciatethetypeofcharacterandconduct thatmakeaMembertrustworthyandcredible,andshouldtrytoembodythesetraits. AfundamentalpurposeofAdvisoryBodymeetingsistoprovideaforumfordiscussiononspecific issues.AdvisoryBodieswelcomecitizeninputtoaidthebodyinunderstandingcommunityconcernsand gaugingcommunityreactiontovariouscoursesofactionunderconsideration. WhenspeakingpubliclyonmattersrelatingtoAdvisoryBodybusiness,Membersmustaccurately portraythepositionoftheirbody.Ifthebodyhasalreadytakenactiononaparticularmatter,afactual accountoftheactionmaybegiven.AMembermaypubliclyexpresstheirownreasonsforsupportingor opposingaparticularmatter,solongastheMemberclarifiesthattheyareonlyexpressingtheir individualviews.Ifthebodyhasnotdeliberatedasawholeonaparticularmatterthatisknownorlikely tobescheduledonanupcomingagenda,speculationastotheprobableoutcomeshouldnotbe undertakenpublicly.Further,Membersshouldnotpubliclystateanintenttosupportoropposethe iteminadvanceofthemeeting,asthiscanleadtoBrownActviolationsand,forcertainitems,impede dueprocess.

1.MediaInquiries
AdvisoryBodyMembersarestronglyencouragedtorefermediainquiriestoCitystaffforcomment.The MayorandtheCityManagermostcommonlyrepresenttheCityinthemedia. E.PoliticalActivity
AllCityoffices,includingthoseofelectedandappointedofficials,arenonͲpartisan.StaffandAdvisory BodyMembersareexpectedtobepoliticallyneutralintheinterestofequityforthepublic.However,as privatecitizens,Membershavearighttoexpressionofpersonalpoliticalviewsontheirowntimeand usingtheirownresources.Discretionisstilladvised,sincetheoverallefficacyofCitygovernment dependsonthepublic'strustinitsofficials'politicalneutrality. WhenexpressingpoliticalviewpointsunrelatedtoCitybusiness,Membersmustavoidreferencesto theircapacityasaCityofficial,andnototherwiseimplyorleverageanyconnectionto,orendorsement by,theCity.PoliticalactivitybyAdvisoryBodyMembersmaynotbeundertakenonCitypremises, utilizingCityresources,orwhileactinginanofficialcapacity.Formoreinformationonthelimitationson thepoliticalactivitiesofpublicofficials,seeCAGC§3201—3209. DuringCityelectionsseason(generally,betweenJulyandElectionDayinNovemberofevenͲnumbered years,oranytimeactivecampaignsforMayororCityCouncilMembersareunderway),AdvisoryBody MembersshouldcarefullyconsiderwhetherornottopubliclysupportoropposeaparticularMayoralor CityCouncilcandidateorlocalballotmeasure.
SittingAdvisoryBodyMemberswhoarecontemplatingrunningforanelectedpositionwhileservingon anAdvisoryBodyareencouragedtoconsultwithstaffregardingtheinterplaybetweenthetworoles. Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page11 V. PROCEDURALINFORMATION
A. ApplicationandAppointment
Theproceduresdescribedbelowareanoutlineoftypicalpracticesforrecruitmentandappointmentof AdvisoryBodyMembers.TheCityCouncilreservestheauthoritytomodifyorsuspendanyofthese practicesasitseesfitforanyvacancyorgroupofvacancies,exceptasrequiredbytheMaddyAct.

1. Opportunities&Eligibility
TheCityofPismoBeachencouragesitsresidentsandbusinessownerstoparticipateintheirlocal governmentbyapplyingtoserveonanAdvisoryBody.ApplicantsmaynotbeCityofficialsandmustbe atleast18yearsofageattimeofappointment.MunicipalCodeSection2.24prohibitstheappointment ofindividualswithanyfelonyconviction.AdditionaleligibilityrequirementsforeachAdvisoryBodymay vary.SeeSectionIXforanoverviewofeachbody'sindividualrequirements.Applicanteligibilityis verifiedbytheCityClerk'sOfficeforbothnewapplicantsandincumbents. ResidencyRequirements
ThemajorityofAdvisoryBodyseatsrequirethattheMemberbeaPismoBeachresident.(Certainseats ontheCVBBoardandPACpermitanexceptioniftheapplicantownsorrepresentsabusinessor commercialpropertyinthecityandhasrelatedexpertise.)TheAdvisoryBodyapplicationformasks whethertheapplicantisaresident,andwhethertheapplicantisaregisteredPismoBeachvoter,which informationcanbeusedbytheCityCounciltohelpgaugeanapplicant'sinvolvementinthecommunity. Whilevoterregistrationisdesirableasanindicatorofcivicengagementandusuallyaclearindicatorthat anapplicantisaresident,lackofvoterregistrationwillnotbeusedtodisqualifyanapplicant.Applicants claimingresidencywhoarenotregisteredtovotewillbeaskedtoprovidealternativeevidenceof residency,suchasautilitybillingaccount,ordriver'slicenseshowingtheresidenceaddress.

2. Vacancies
AdvisoryBodyseatsbecomevacantinthreeways:
x RoutineExpirationofTerm(ScheduledVacancy)
EachAdvisoryBodyseatautomaticallybecomesvacantonthelastdayofFebruaryofeveryotheryear. A"LocalAppointmentsList"(alsocalleda"MaddyList")ispostedbytheClerk'sOfficeatleastonceper year,nolaterthanDecember31,identifyingallcurrentandscheduledvacancies. x ResignationPriortoEndofTerm(UnscheduledVacancy) RefertoResignationfromOffice,below.
x RemovalfromOffice(UnscheduledVacancy)
RefertoRemovalfromOffice,below.

3. Recruitment
AnannualrecruitmentbeginninginNovemberorDecemberisundertakenbytheCityClerk'sOfficeto fillallvacanciesscheduledtooccurthefollowingFebruary,aswellasanyexistingvacancies.Noticesare postedonlineandatCityHall,anddistributedthroughtraditionalandsocialmedia.TheClerk'sOffice collectsapplicationsformsandverifieseligibility.
InaccordancewiththeMaddyAct,wheneveranunscheduledvacancyoccurs(duetoresignation, removalfromoffice,orotherreason,priortotheendofaterm),theClerk'sOfficewillpublishaNotice ofVacancynomorethan20daysbefore,andnomorethan20daysafter,theseatbecomesvacant. Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page12 SubjecttodeterminationoftheMayorand/orCouncil,theClerk'sOfficewilleitherproceedwithasolo recruitmentorallowthevacancytoremainopenuntilthenextannualrecruitmentperiod.

4. ApplicationProcess
NewApplicants
EachpersonapplyingforAdvisoryBodyservicemustsubmitanapplicationformtotheCityClerk's Office.Theapplicationformissubmittedonlineatpismobeach.org/abapply.Applicationsforallbodies areacceptedonanongoingbasis,whetherornotvacanciesexist. ApplicantsmayapplyforserviceonmorethanoneAdvisoryBody,butmayonlyserveontwobodies underlimitedcircumstances.RefertoDualService,page40.Applicantsinterestedinmorethanone AdvisoryBodyareencouragedtoapplyonlyforthetwoorthreebodieswhichbestsuittheirinterests andskills,andindicatetheirorderofpreferenceontheirapplication. Applicationtips:
x Atleastonereliablephonenumbermustbeprovidedforusebystaff. x Atleastonereliableemailaddressmustbeprovidedforusebystaff.Staffrelyuponemail communicationduringallstagesoftherecruitmentprocess.Applicantswithoutaccesstoemail shouldmakespecialarrangementswiththeClerk'sOffice. x Applicantsareencouragedtoattachadditionalpages(resumes,lettersofinterest). x Contactinformationdisclosure(optionAorB)mustbechecked.Seebelow. x Formmustbesigned(electronicorscannedsignaturesacceptable). Contactinformationprovidedonthisformisprimarilyforstaff'suse.Onlythecontactinformation authorizedbyeachapplicant,ifany,willbeadvertisedontheCity'swebsiteandpamphlets.However, AdvisoryBodyapplicationformsarepublicrecords,andapplicantswithspecificsafetyconcernsrelating totheprivacyoftheirpersonalcontactinformationshouldnotifytheClerk'sOfficewhenapplying. Reapplying
Applicantswithacurrentapplicationonfile(submittedwithinthepastyear)whohavenotbeen appointedtoanAdvisoryBodymayrequestthattheirapplicationbeconsideredforanyrecruitment thatoccurswhiletheirapplicationisstillactive,ormaysubmitanewapplication. CurrentAdvisoryBodyMembersareencouragedtonotifytheCityClerk'sOfficeastowhethertheywish toreapplyfortheircurrentseatattheendoftheirterm.ReapplyingMembersmayindicatethatthey wishtoreapplyusingtheapplicationalreadyonfile,ormaysubmitanewapplicationwithupdated informationpriortotheadvertiseddeadline.
LifetimeofApplication
Applicationsremain"onfile"(areconsideredactive)foroneyearfromthedateofsubmittal.Duringthis time,applicantswhohavenotbeenappointedtoabodywillbeinvitedtointerviewforanyvacancy withintheirAdvisoryBody(ies)ofinterest,forwhichtheyareeligible.CurrentMemberswillnotbe invitedtointerviewforvacanciesonotherbodiesunlessspecificallyrequested.Oneyearfrom submittal,applicationsforunͲappointedindividualsaredeactivatedwithoutnoticetotheapplicant, howevertheindividualmayreapplyatanytime.

5. Interviews
Followingtheclosureoftheapplicationperiod,theCityClerk'sOfficewillscheduleinterviewswithall eligibleapplicants.InterviewsofAdvisoryBodyapplicantsareheldwiththeentireCityCouncilaspartof Attachment 5.A
Council Agenda 11-7-2023 9.L-100
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page13 aspecialCouncilmeeting.Thesemeetingsarerequiredbylawtobepublic,howeverpublicattendance istypicallyminimaltonone.Forannualrecruitments,interviewsareheldinFebruaryandtermsbegin March1.Forrecruitmentstofillunscheduledvacancies,interviewdatesvaryandtermsbegin immediately.
ApplicantsareencouragedtobecomefamiliarwiththishandbookandattendatleastoneAdvisoryBody meetingpriortointerviewingwiththeCouncil.Additionally,recentlegislativedocuments(agendasand minutes)forthebodymaybereviewedonlineorrequestedfromstaff(seeStayingInformed&Being Responsive,page19).Applicantsareencouragedtocontactstaffwithquestionsaheadoftimeinorder tofullyunderstandthenatureofAdvisoryBodyserviceandassociatedresponsibilities,including meetingschedules,timecommitment,ethicsconsiderations,training,andconflictofinterest regulations.
TheCouncilinterviewsapplicantsindividually,typicallyfor15to20minutes.Questionstypicallypertain toissuesgermanetotheapplicant'sAdvisoryBody(ies)ofinterest.CouncilMembersmayaskwhichever questionstheydeemfit;applicantsmaybeaskedaboutthereasonsfortheirinterestinserving,their experiencerelevanttothebody,theirunderstandingoftheissueswithinthebody'spurview,andtheir availabilitytoattendmeetings.

6. Appointment
Onceallapplicantshavebeeninterviewed,CouncilMemberscasttheirvotesinopensession;thetop voteͲgettersareappointeduntilallavailableseatshavebeenfilled.TheCouncilalsoreservestherightto appointindividualswhodidnotappearforaninterview,ortoleaveaseatvacantforthetimebeing. Followingthetallyofvotes,resultsareannouncedbytheCityClerk,andnoticesaresenttoall applicants.
IntheeventtheCouncildoesnotfillallavailableseatsfollowinginterviews,theCouncilwilldirectthe CityClerktoeitherconductanewrecruitmentforthevacancy(ies)orallowthemtoremainunfilleduntil thenextrecruitmentcycle.TheMaddyActprovidesthatifanemergencyexists,theCouncilmay immediatelyappointaninterimMembertofillavacantseatuntilsuchtimethatafinalappointment maybemade.

Attachment 5.A
Council Agenda 11-7-2023 9.L-101
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page14 B. Orientation,Training&HoldingOffice

1. Orientation
PriortoaMember'sfirstmeeting,theCityClerk'sOfficeandthebody'sliaisondepartmentwilleach provideanorientationsession.Orientationwithliaisonstafflastsapproximatelyanhourandwillcover technicaldocumentsrelatingtothepurviewofthebody,operationalnormsforthedepartment, introductionofliaisonstaff,andabrieftouroftheofficeandCouncilChamber.Orientationwiththe Clerk'sOfficelasts45minutestoanhourandcoversadministrative(membership)onboarding,an overviewofapplicableregulations,andvariousfilingdeadlines. Followingorientation,thefollowingitemsmustbereturnedinorderforaMembertoholdoffice: x IRSFormWͲ9(iftheMemberwishestoreceiveastipend) x VolunteerProgramWaiver(within30daysfromtermstart) x StatementofCommitmenttotheCityEthicsPolicy(within30daysfromtermstart) x Form700AssumingOfficeStatement(within30daysfromfirsttermstart) x HarassmentPreventionTrainingCertificate(within6monthsfromtermstart) x EthicsTrainingCertificate(withinoneyearfromtermstart)

2. OathofOffice
Followingappointment,theCityClerkoradeputywilladministeranOathofOfficetoincomingAdvisory BodyMembers(seeAppendix3:OathofOffice).Thisoathisapromisetoupholdstateandfederal constitutionsandexecutethedutiesofofficeingoodfaith.Traditionally,oathsareadministeredasa ceremonialitematthebeginningofthemember'sfirstmeeting. Inthealternative,theoathmaybegivenatanytimebeforethemember'sfirstseatedmeeting.The membermaynotcommenceserviceonthebodyuntiltheirtermbeginsandtheiroathhasbeen administered.Aswithelectedofficials,anewoathisadministeredatthestartofeachtermfor reappointedAdvisoryBodyMembers.

3. AnnualCityAdvisoryBodyAcademy
Eachspring,CitystaffhostsatrainingatCityHallforallAdvisoryBodyMembers.EachMemberis requiredtoattendonlyeveryotheryear(onceperterm),butattendingeachyearisrecommended. Topicsincludeparliamentaryprocess,BrownActandPoliticalReformActcompliance,andethicslaws (however,thistrainingisnotaccreditedethicstraining,whichmustbecompletedseparatelypursuant toAB1234).TheCityManagerorotherstafftypicallyalsoprovideanoverviewoftheCouncilGoalsfor theyearandtheirimpactontheworkloadofAdvisoryBodies.Thistrainingsessionisdesignedtoensure thatMembersareengagedandaswellͲinformedaspossible.

4. LeagueofCaliforniaCitiesPlanningCommissionersAcademy NewPlanningCommissioners,orcontinuingPlanningCommissionerswhohavenotattendedrecently, mayhavetheopportunitytoattendtheLeagueofCaliforniaCitiesPlanningCommissionersAcademy, dependingontimingandavailabilityofresources.Informationaboutrecentandupcomingsessionsis availableontheLeagueofCaliforniaCitieswebsite.

5. OngoingTrainingRequirements
ForthedurationofaMember'sterm,certainfilingandtrainingdeadlinesmustbemetonarecurring basis.Failuretomeettheserequirementsmayhavedisciplinaryorlegalconsequences.Training completionrecordsareforwardedtotheCouncilfortheirconsiderationonaquarterlybasis.Beloware thetrainingandfilingdeadlinesthatapplytomostMembers.Regulationsaresubjecttochangeandthis Attachment 5.A
Council Agenda 11-7-2023 9.L-102
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page15 listmaynotnecessarilybecomplete.AlsoseeSectionVIIformoreinformationabouttraining regulationsandSectionVIIIformoreinformationregardinglocaldisciplinarypolicies. x Form700FinancialInterestDisclosures(statelaw;allbodiesexceptTSC) o Form700AssumingOfficeStatement(within30daysfromfirsttermstart) o Form700AnnualStatement(everyyearnolaterthanApril1whileinoffice) o Form700LeavingOfficeStatement(within30daysfromleavingoffice)
x EthicsTraining(AB1234)(statelaw;allbodiesexceptSECandTSC) o TrainingCompletionCertificate(2hours)(withinoneyearfromtermstart) o TrainingCompletionCertificate(2hours)(atleastonceeverytwoyearsthereafter.
x HarassmentPreventionTraining(AB1661)(statelaw;allbodiesexceptSECandTSC) o TrainingCompletionCertificate(2hours)(within6monthsfromtermstart) o TrainingCompletionCertificate(2hours)(atleastonceeverytwoyearsthereafter)
x CityͲhostedAdvisoryBodyAcademy(allbodiesexceptSECandTSC;SECrecommended) o CityAdvisoryBodyAcademy(atleastonceperterm)

6. Attendance
ThroughoutaMember'sterm,satisfactoryattendanceisrequiredinorderfortheMembertofulfilltheir dutiesofofficeandremainingoodstanding.AttendancerecordsareforwardedtotheCouncilfortheir considerationonaquarterlybasis.Furtherinformationaboutexpectationsandpotentialdisciplinary consequencesforpoorattendancemaybefoundinSectionVIII.A.

7. TermsofOffice
ThetermofofficeforallAdvisoryBodyseatsistwoyears,withnotermlimits.Twoorthreeofeach legislativebody'sfiveseatsexpireeachyearinordertoachievestaggeringoftenure,andtoencourage policycontinuityanddevelopmentofinstitutionalknowledgewhileallowingtimefornewmembers withnewanddifferentpointsofviewtobeintegratedintothebody. Appointmentsmadetofillscheduledvacancies(routinetermexpirations)commenceMarch1ofeach yearandexpirethelastdayofFebruarytwoyearslater.Appointmentstofillunanticipatedvacancies beginthedaytheappointmentismadebytheCouncilandexpireattheexpirationoftheseat’sterm, unlessotherwisedirectedbyCouncil.

8. ResignationProcedures
SeesectionVIII.H,ResignationfromOffice.

9. SuspensionorRemovalfromOffice
SeesectionVIII.I,Suspension;RemovalfromOffice.
Attachment 5.A
Council Agenda 11-7-2023 9.L-103
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page16 C. ConductofBusiness

1. StaffLiaisons
Members'primarypointsofcontactattheCityaretheirstaffliaisonsandtheCityClerk.See RelationshipwithStaff,page9,formoreinformation.Generallyspeaking,informationaboutagendas, applicableregulations,andthebody'stechnicalpurviewwillbereceivedfrom,andquestionsshouldbe directedto,eachbody'sassignedliaisonstaff.Memberswillalsohavefrequentdirectcontactwithstaff fromtheCityClerk'sOfficeregardingmembershipadministration,regulatorycompliance,andtraining requirements.

2. MeetingAgendas
EachAdvisoryBodyhasaspecificpurview,assignedbytheCityCouncil,andtheworkundertakenby staffisguidedbytheCouncilͲadoptedbiennialBudgetandGoals.Workingwithintheseparameters, staffidentifiesandschedulestheitemsthatneedtobetakentoeachAdvisoryBodyforconsideration. Occasionally,theCityCouncilmayalsodirectstafftoscheduleaspecificitemforAdvisoryBody consideration.
MemberswhoidentifyaparticularmatterthatmaybesuitableforconsiderationbytheirAdvisoryBody mayseekconsensusfromthebody'smembershipinopensessiontoscheduletheitemforconsideration aspartofafutureagenda.Memberswishingtoproposeanitemareencouragedtocarefullyconsider whetherthematterfallswithinthepolicyandworkplandirectionoftheCouncil,consultingwithstaffif needed.
Staffformulatestheagendaforeachmeetingintheweeksleadinguptothemeeting.Agendasforeach legislative(BrownAct)bodymeetingaretypicallypublishedfourorfivedaysbeforethemeeting.(State lawrequiresatleast72hoursforregularmeetingsand24hoursforspecialmeetings.)AgendasforSEC andTSCmeetings,whicharenotregulatedbytheBrownAct,aretypicallypublished1–4daysbeforethe meeting.
AgendamaterialsforalllegislativebodymeetingsaredistributedviaNotifyMemailinglistandare availableonlineat www.pismobeach.org/agenda, andarchivedintheAccessPismopublicrecordsportal at www.pismobeach.org/accesspismo. Mostbodieswillalsoreceivetheiragendabyemailfromtheir liaisonstaff;hardcopiesareavailableuponarrangementwithstaff.

3. MeetingAdministration
Eachbody'smeetingregularscheduleissetforthinSectionIX.SpecialMeetingswillbescheduledas needed,andregularmeetingsmaybecancelledifthereisnobusinessofimmediateconcern.Specific regulationsforschedulingandcancellingmeetingsaresetforthineachbody'sBylaws. Traditionally,Julymeetingsofallbodies,includingtheCityCouncil,arecancelledtopermitmembersto takevacationsandtopermitstaffabreakinstaffreportworktofocusonotherpriorities.Additionally, meetingsthatfallonorproximatetoholidaysarecancelled.Mostoften,thisincludesthefirstmeeting ofJanuaryandthemeetingclosesttoThanksgivingorChristmas.AlistofCityholidaysisavailablefrom staffuponrequest.
Unlessotherwisenoticed,meetingsofalllegislativebodiesareheldintheCouncilChamberatCityHall. MeetingsofnonͲlegislativebodiesaregenerallyheldintheAdministrationConferenceroomatCityHall. Staffliaisonsareresponsibleforsecuringandsettingupmeetingrooms,testingandoperating equipment,andprovidingforpublicaccess.WateristypicallyprovidedforMembersandthepublic. Membersshouldbringwritingimplements,andanycopiesofagendamaterialsdesiredfordeliberation andnoteͲtaking.Otherlightrefreshmentsmaybeconsumedduringthemeetingifnodisruptionoccurs. Attachment 5.A
Council Agenda 11-7-2023 9.L-104
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page17 Businesscasualattire,ataminimum,isencouraged,andlayersofclothingarerecommendedas meetingroomtemperaturesmayfluctuate.

4. MeetingManagement(ParliamentaryProcess&Etiquette) Conductofmeetingsisdictatedbytheorderofagendaitems,eachbody'sBylawprovisions,andlegal requirementsforpublicparticipation(seeBrownAct,page23).Wherenootherpolicyprovisionexists, Robert'sRulesorRosenberg'sRulesmaybeusedasaguide.TheChairisgenerallyresponsiblefor movingthemeeting,includingkeepingparticipantsfocused,facilitatingdiscussion,andinformingthe audienceastoactionsbeingtaken.
Anoverviewoftypicalparliamentaryprocessconsiderationsisprovidedbelowforeaseofreference. Someprovisions,suchastherequirementthatpubliccommentbesolicitedbeforethebodytakesaction onanitem,arerequiredbylaw.Mostotherprovisionsvarysomewhatfrombodytobodyandare detailedineachbody'sBylaws.
GoalsofParliamentaryProcedure:
x Establishmentofframeworkfororderlyconduct
x Facilitationofefficientdecisionmaking
x Guaranteeingparticipationopportunityforthepublic x Enforcingthedirectionofthemajoritywhileprotectingtherightsoftheminority RoleoftheChair
x Mustunderstandproceduralpoliciesandlaws
x Mustknowtheagenda
x Takestheleadrole;Movesthemeetingalong
x Ensuresopportunityforpublicparticipation
x Keepsmemberdiscussionfocused
x Ifnecessary,maintainsorder
x Takeslessactiveroleindebate;rarelymoves
TipsforMembers
x Stayfocusedontheissuethatistheintendedsubjectofdeliberation x DefertotheChairtorunthemeeting,andasktheChair'spermissionbeforetakingactionsthat maybeoutoforder
x Waittoberecognizedbeforespeaking(moreformalbodies) x Whenindoubt,erronthesideofdecorum
x Addressothermembersas"CommitteeMemberX"or"CommissionerX" x Addressstaffbytitleandlastname,e.g."RecreationManagerX"or"DirectorX" TypicalAgendaFormat(OrdersofBusiness)
x Calltoorderandrollcall
x Openpubliccommentperiod(requiredforregularmeetings) x Adoptionofpriormeetingminutes
x Publichearings,ifany
x Businessitems,ifany
x Staffcommentperiod
x Membercommentperiod
x Adjournment
Attachment 5.A
Council Agenda 11-7-2023 9.L-105
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page18 TypicalProcedureforActionItems:
x Chairannouncestheagendaitem
x AnyMemberswithaconflictofinterestannouncetheirrecusalandleavethedais x Staffprovidesareportontheitem
x Membersasktechnicalquestionsofstaff
x Chairinvitespubliccomment
x Deliberation
x Chairinvitesamotion
x Motionismade
x Motionisseconded
x Additionaldebate“underdiscussion”;amendmentstomotionifdesired x Clerkcallsthevote,thenannouncestheresult
MotionsandCountingVotes
Thethresholdforpassageofamotionisasimplemajority(morethanhalf)ofallmemberspresentand voting,withveryrarelegalexceptions.Thismeansthatabsent,abstaining,andrecusedmembersare notcounted.
Examplesofpassingmotionsfora5Ͳmemberbody:
4yes—1no(5memberspresentandvotingͲ0membersabsent/abstaining/recused) 3yes—2no(5memberspresentandvotingͲ0membersabsent/abstaining/recused) 3yes—1no(4memberspresentandvotingͲ1memberabsent/abstaining/recused) 2yes—1no(3memberspresentandvotingͲ2membersabsent/abstaining/recused) Noteinthe2yes—1noscenariothatlessthanamajorityofthebody’smembers(2outof5)have actuallypassedamotiononbehalfoftheentirebody.ThismayseemcounterͲintuitive,butitis permissibleexceptincaseswherethelawrequiresanaffirmativevoteofthemajorityofthefullbody.
Amotionisdeemedtohavefailedwhenlessthanamajorityofthosepresentandvotingvoteyesonthe motion,whichincludestievotescenarios.
Examplesoffailingmotionsfora5Ͳmemberbody:
2yes—3no(5memberspresentandvotingͲ0membersabsent/abstaining/recused) 2yes—2no(4memberspresentandvotingͲ1memberabsent/abstaining/recused) Itisimportanttonotethatthefailureofamotionissimplyafailureofthebodytoact.Itdoesnot constituteadenialofthematterathand.Toillustratepotentialscenarios: MotionVoteCountResultingAction
Approvetheproject.3yes—2no(motionpassed)Projectapproved. Approvetheproject.2yes—3no(motionfailed)Noactiontaken. Denytheproject.3yes—2no(motionpassed)Projectdenied.
Attachment 5.A
Council Agenda 11-7-2023 9.L-106
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page19 VI. BESTPRACTICESANDRULESOFTHUMB
Thefollowinghighlightssomeofthebestpracticesandkeyconceptsthatshouldbeborneinmind duringaMember'stermofservice.Moredetailedinformationabouteachofthesetopicsisprovided elsewhereinthishandbook,andavailablefromstaff.
A. StayingInformed&BeingResponsive

1. CommunicationsfromStaff
Staffspendsasignificantamountoftimeresearchingandpreparingagendareportsandother communicationstotheirAdvisoryBodies,preparingtrainingandorientationmaterials,and administeringmembership.EverycommunicationdeliveredtoAdvisoryBodyMembersisdesignedto helpMembersmakewellͲinformeddecisions,meettrainingandfilingdeadlines,andstaycurrenton regulations.StaffareawarethatAdvisoryBodyMembersarecommunitymemberswithbusylives,and communicationsaregenerallytailoredwiththisinmind. AsignificantportionofcommunicationtoAdvisoryBodyMembersisaccomplishedbyemail,and Membersareencouragedtopromptlyandthoroughlyreademailsreceivedfromstaff.Prompt responsestorequestsforinformation,suchasavailabilityforspecialmeetingdates,areverymuch appreciatedbystaffandhelpexpeditetheworkofthebody.

2. UpdatesforStaff
Throughouttheirtermofoffice,Membersshouldnotifystaffpromptlyifanyofthefollowingoccur: x Changeofresidenceaddress
x Saleorpurchaseofrealproperty
x Saleorpurchaseofabusiness
x Changeofemployer
x Changeofphonenumber
x Changeofemailaddress
ChangestoaMember’slocationofresidence,sourcesofincome,andfinancialinterestsinrealproperty andbusinessentitiesmayhavematerialeffectsontheMember’seligibilitytoserve,reportable interests,anddisqualifyingconflictsofinterest.

3. AgendaMaterials&MailingLists
Inadditiontothoroughlyreadingandconsideringtheinformationprovidedbystaffliaisons,Members areencouragedtostayupͲtoͲdateontheactivitiesoftheCityCouncilandCityingeneral.Beingaware ofthebroadercontextwithinwhichAdvisoryBodydecisionsaremadeallowsMemberstoanticipate forthcomingagendaitemsandbeaswellͲinformedaspossible. MembersareencouragedtosignupfortheCity's"NotifyMe"servicetoreceivemeetingagendasby email.AdvisoryBodyMemberswillbesignedupbystafftoreceivetheirownbody'sagendasbyemail, asafailsafetoavoidthepossibilityofa"missed"agendaemailfromstaff,andCityCouncilagendas, whichareanefficientwaytogeta"bigpicture"readonCityactivitiesandupcomingCouncilactions thatmayimpactAdvisoryBodies.Visit www.pismobeach.org/notifyme toregisterforotherlists.A numberofother"NotifyMe"listsareavailable,includingBidPostings,Ordinanceupdates,City Newsletter,andpublicnotices.
Inaddition,agendas,minutes,andotherlegislativerecordsfortheCouncil,aswellasallAdvisory Bodies,arearchivedonlineat www.pismobeach.org/accesspismo. Attachment 5.A
Council Agenda 11-7-2023 9.L-107
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page20 MembersareencouragedtoattendorwatchCityCouncilMeetingsasasourceofgeneralinformation. Regularmeetingsareheldthe1stand3rdTuesdaysofeachmonthat5:30p.m.AdditionalSpecial Meetingsarenoticedperiodically.MeetingsoftheCouncilarestreamedliveongovernmentaccess Channel20inPismoBeachandontheCity'swebsite.Liveandarchivedmeetingvideoareavailable onlineat www.pismobeach.org/agenda.

4. CitySocialMediaContent
TheCityregularlypostssocialmediacontentontheplatformsbelow.ItshouldbenotedthatAdvisory BodyMembersshouldnotinteractwith("like,"share,commentingon)theCity'ssocialmediaposts,in thatanycommentmadebyaCityofficialregardingCitybusinesscouldbeconsideredanofficialrecord, andinthatlikingorsharingpostsrelatedtodiscretionaryprojectsmaybedeemedasanendorsement andhaveBrownActordueprocessimplications.
x Facebook(City):facebook.com/cityofpismobeach
x Facebook(ClassicCalifornia):facebook.com/pismobeachca x Instagram:instagram.com/pismobeachca
x Twitter(City):twitter.com/cityofpismo
x Twitter(ClassicCalifornia):twitter.com/pismotravel

5. GoogleAlerts
Visit www.google.com/alerts andsignuptoreceivealertsbyemailwhenwebcontentrelatingtoPismo Beach,suchasnewscontent,isposted.Subscribetothekeyword"CityofPismoBeach"(withquotation marks)toreceivealertsabouttheCity.Subscribeto"PismoBeach"forbroaderinformationaboutthe area.
B. LegalandRegulatoryBestPractices
Fordetailedinformationaboutspecificregulations,seeSectionVII.ApplicableStateandLocal Regulations.

1. EthicsandConflictofInterest
Whiletheconceptsofethicsandconflictofinterestarerootedincommonsense,thetechnicallycorrect applicationofethicsandconflictofinterestlawsmaynotalwaysbeintuitive.AdvisoryBodyMembers areencouragedtobearinmindrulesofthumbtoavoidinadvertentlyrunningafouloflawsandpublic perceptionsrelatingtoethicsandconflictofinterest,andtoseektechnicaladvicewhenindoubt. WhenachangeinthelifecircumstancesofaMemberorMember'simmediatefamilyoccurs,Members areencouragedtoconsiderwhetherthechangeinvolvesnewfinancialinterests(e.g.newsourceof income,newinvestments,newrealpropertyholdings,newbusinessrelationships)andevaluateearlyon whetherthosenewinterestsmayintersectwiththeAdvisoryBody'sbusiness.Suchchangesinfinancial interestsmayneedtobereportedontheMember'snextForm700and/orwarranttheMember's disqualificationfrommakingcertaindecisions.Alsoseepage27forprecautionsrelatingtoGovernment Code§1090,whichprohibitsselfͲdealingbyinfluencingpubliccontracts. Inadditiontobeingawareofpotentialsourcesoffinancialconflict,Membersshouldevaluatewhethera changeinlifecircumstancescreatesnewrelationshipsthatcouldcreatetheperceptionofconflictof interestorothernonͲfinancialbias.
Membersareencouragedtobeconservativeindeterminingwhichinterestsandaffiliationsmay constituteconflictsofinterestandrecusethemselveswhenindoubt.Memberswhodeterminethata particularprojectorotheragendamatterwillconstituteanactualorperceivedconflictofinterest Attachment 5.A
Council Agenda 11-7-2023 9.L-108
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page21 shouldnotifystaffassoonaspossible—ifamember'srecusalmayposeaparliamentaryproblem(for example,ifonlythreememberswillbeinattendanceatameetingandoneofthemmayhaveaconflict ofinterest),acarefulevaluationoftheMember'sabilitytoparticipatemustbemadeinadvance. IfaMemberwishestoseekformaladviceastowhethertheirparticipationinaparticulardecisionis permittedbythePoliticalReformActorGovernmentCode§1090,orwhetheraparticularinterestmust bereportedontheMember'sForm700,formaladviceshouldbesoughtfromtheFPPCasearlyas possibletoallowforprocessingtime.Formoreinformationaboutinformalandformaladvicefromthe FPPC,pleasevisitfppc.ca.gov/advice.html.Additionally,aMembermayopttoconsultwithapersonal attorney.WhiletheCityAttorneycanprovidegeneralinformationregardingconflictsasameasureto avertpotentiallegalissuesfortheCity,theCityAttorneydoesnotrepresentindividualAdvisoryBody members,andnoimmunityisconferredupontheMemberbyrelyingoninformationprovidedbythe CityAttorney.OnlyformaladvicefromtheFPPCprovidessuchimmunity. Aspublicofficialswhosepotentialconflictsofinterestarebothregulatedbylawandcloselyscrutinized bythepublic,AdvisoryBodyMembersareencouraged,asageneralrule,toavoidtheacceptanceof thingsofvaluefromdevelopers,businesses,otherentities,andmembersofthepublic(someexceptions applytofamilyandpersonalfriends).Theacceptanceofcertainitemsmaybelegallypermissible dependingonthesourceandvalue,andsomemayrequirereporting,howeverothersaresimply prohibitedoutright.Allscenarioshavethepotentialtocreatenegativepublicperception,thuscautionis warranted.
Insummary,Membersshould:
x Evaluatelifechangesinthecontextoffinancialinterest,nonͲfinancialbiases,andpotential connectiontoCitybusiness
x Recusethemselvesfromparticipation,whenindoubt
x Notifystaffearlyonwhenapotentialconflictisforeseen x SeekFPPCadviceearlyon,ifaformaldeterminationisdesired x Avoidtheacceptanceofgiftsandotherthingsofvalueasageneralrule

2. BrownActandTransparency
FordetailedinformationabouttheapplicabilityoftheBrownActandotherrecordsͲrelatedregulations toAdvisoryBodies,seeSectionVII.
UnderlyingPrinciples:
x Publicofficialsderivetheirauthorityfrom,andconducttheirbusinessonbehalfof,thepublic. x Thepeople’sbusinessmustthereforebeconductedpublicly. x Thepublicisguaranteedtherighttoobserveandparticipateindecisionmakingproceedings, withverylimitedexceptions.
BasicRules:
x Anygatheringofamajorityofbodymemberswherebusinessisdiscussedisa"meeting."(Note: informalgatherings,serialemails,andothercommunicationscanconstitutea"meeting.") x Ameetingmaynotbeheldwithoutprovidingpublicnotice.Theagendaconstitutesthisnotice. x Wheneverameetingisheld,publicaccessmustbeallowed,withverylimitedexceptions. x Duringameeting,deliberationcanonlytakeplaceonnoticedagendaitems. x Anydeliberativeorinformationalmaterialsmadeavailabletoamajorityofbodymembersmust bemadeavailabletothepublic.
Attachment 5.A
Council Agenda 11-7-2023 9.L-109
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page22 BestPracticesforMembers:
x Avoiddiscussingdeliberativematterswithothermembersoutsideofnoticedmeetings x Avoidengagingingroupemailsortextswithothermembers x CopyCitystaffmembersoncommunicationswiththepublicaboutCitybusiness x Providestaffwithcopiesofcorrespondencereceiveddirectlyfromthepublic

3. TrainingandFilingDeadlines
StaffwillmakeagoodͲfaithefforttoremindAdvisoryBodyMembersofupcomingtrainingandfiling deadlines(detailedonpage14).However,Membersareultimatelyresponsiblefortheirown compliancewithapplicableregulations,andareencouragedtosetrecurringcalendarremindersfor filingdeadlinesthroughouttheirterm.

Attachment 5.A
Council Agenda 11-7-2023 9.L-110
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page23 VII. STATEANDLOCALREGULATIONS
TheinformationbelowdescribesthefrequentlyͲencounteredstateandlocallawsthatregulatethe conductofAdvisoryBodyMembersandadministrationoftheirmembership.Thisinformationisbyno meansexhaustive,anditisnotintendedtobesolelyrelieduponformakingdecisionsaboutproperor legalconduct.Staffmaybeconsultedforexpandedtechnicalinformationaboutanyofthetopicsbelow. WhiletheCityAttorneymayrenderlegaladvicetostaffortheCouncilrelatingtotheworkofan AdvisoryBody,individualAdvisoryBodyMembersgenerallymaynotexpecttorelyontheCityAttorney asaresourcefordeterminationsrelatingtotheseregulations.Withregardtoconflictofinterestlawsin particular,MembersmaywishtoconsultdirectlywiththeFPPCorapersonalattorney. A. StateLaws

1. BrownAct
WhentheBrownActwasadoptedin1953followingaSanFranciscoChronicleexposéonthe widespreadpracticeofclosedͲdoordecisionͲmakingbylocalgovernmentofficials,theCalifornia Legislaturedeclared:"…Thepubliccommissions,boardsandcouncilsandtheotherpublicagenciesin thisStateexisttoaidintheconductofthepeople’sbusiness.Itistheintentofthelawthattheiractions betakenopenlyandthattheirdeliberationsbeconductedopenly." TheBrownAct,CAGC§54950—54963,isCalifornia's"openmeeting"law.Whilethestatutehasbecome morecomplexovertime,itsintentisstillbestcapturedbyoneofitsearliestprovisions:"Allmeetingsof thelegislativebodyofalocalagencyshallbeopenandpublic,andallpersonsshallbepermittedto attendanymeetingofthelegislativebodyofalocalagency,exceptasotherwiseprovidedinthis chapter.""Exceptasprovided"referstopermissible"ClosedSessions"thatmaybeheldinorderto discusstopicswhich,ifdiscussedpublicly,wouldundulycompromiseindividualprivacyortheintegrity ofcertainnegotiatingprocesses.ClosedSessionprovisionsareonlyexercisedbytheCityCounciland thusarenotfullyreflectedintheguidelinesbelow.
Applicability
TheBrownActappliesto"legislativebodies"asdefinedintheAct.Atthecitygovernmentlevel, legislativebodiesgenerallyincludetheCityCouncilandadvisorybodiescreatedbytheCityCouncil.In PismoBeach,BrownActrequirementsapplytothemeetingsandmembersoftheCityCouncil,Planning Commission,CVBBoard,PAC,andPRBC.Understatelaw,individualswhohavebeenelectedtotheCity CouncilbuthaveyettoassumeofficearealreadysubjecttotheBrownAct,andtheCitydeemsthis provisiontoextendtonewlyͲappointedAdvisoryBodyMemberswhohaveyettoassumeoffice.TheSEC andTSCarenotsubjecttotheBrownAct,inshortbecausetheywerenotcreatedbytheCouncil. UnderlyingPrinciples:
x Publicofficialsderivetheirauthorityfrom,andconducttheirbusinessonbehalfof,thepublic. x Thepeople’sbusinessmustthereforebeconductedpublicly. x Thepublicisguaranteedtherighttoobserveandparticipateindecisionmakingproceedings, withverylimitedexceptions.
BasicRules:
x Anygatheringofamajorityofbodymemberswherebusinessisdiscussedisa"meeting." (Informalgatherings,serialemails,andothercommunicationscanconstituteillegal"meetings.") x Ameetingmaynotbeheldwithoutprovidingpublicnotice.Theagendaconstitutesthisnotice. x Wheneverameetingisheld,publicaccessmustbeallowed,withverylimitedexceptions. Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page24 x Duringameeting,deliberationcanonlytakeplaceonnoticedagendaitems. x Anydeliberativeorinformationalmaterialsmadeavailabletoamajorityofbodymembersmust bemadeavailabletothepublic.
Meetings
Whatisameeting?
Anysituationinvolvingamajority(morethanhalf)ofthemembersofalegislativebodywherematters withinthepurviewofthebodyarediscussedoracteduponisameeting."Meetings"canbedeemedto occurwhenmembersinteractinperson,viatelephoneorelectronicmedium,orviaintermediaries. "Meetings"canoccuratonetime,orserially,wherememberAtalkstomemberB,whotalkstomember C,andsoon.
Onlymeetingsheldatonetime,withadvancenoticetothepublic,wherepublicaccessandparticipation areallowed,arelegal.Allothertypesofmeetings(exceptpermissibleClosedSessions)areviolationsof theBrownAct.
Whatisnotameeting?(Permissibleexceptions)
x Asituationwherelessthanamajorityofmembersdiscussbusinesswithinthebody'spurview, providednoneofthemcommunicatewithothermembersaboutthematteroutsideofanoticed meeting.
x Asituationwhereamajorityofmembersaregatheredforasocial,educational,orceremonial event,oranoticedmeetingofanotherBrownActbody,providednodiscussionofspecific businesswithinthebody'sjurisdictionoccurs.
x Communicationswithstaff.Eachmemberofabodymaycommunicatewithstaffindividuallyor ingroupsoflessthanaquorum,solongasthestaffmemberdoesnotconveythepositionsof memberstoeachother.
Whatisprohibited?
x Anymeetingthatisconductedwithoutrequirednotice. x Anymeetingthatisconductedwithoutpublicaccess. BasicsofCompliance
Agendas(Noticing):
x Foraregularmeeting(thebody'susualmeetingdayandtime),theagendamustbeposted publiclyatleast72hoursinadvance,inafreelyͲaccessiblephysicallocationandontheCity website.Abriefdescriptionofeachmattertobediscussedmustbeincluded. x Foraspecialmeeting(anythingotherthanthebody'susualmeetingdayandtime),theagenda mustbepostedpubliclyatleast24hoursinadvance,inafreelyͲaccessiblephysicallocationand ontheCitywebsite.Abriefdescriptionofeachmattertobediscussedmustbeincluded. x Limited"emergency"exceptionsapply,typicallyfortheCityCouncilonly. MeetingConductandPublicAccess:
x Allmeetingsmustbeopentoallmembersofthepublicwithoutqualification.Forexample,no feemaybecharged,andsignͲinsheetsmustbemarkedasoptional. x Meetingsmustbeheldinfacilitiesaccessibletothedisabledinmostcases,andother reasonableaccommodationsmustbemadeforindividualswithdisabilities. Attachment 5.A
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PismoBeachAdvisoryBodyHandbook|Rev.November2023|Page25 x AtRegularMeetings,membersofthepublicmustbegiventheopportunitytoaddressthebody onanytopicwithinitspurviewduringanopenpubliccommentperiod.Reasonabletimelimits maybeimposedandunduedisruptionmaybeprohibited. x Atallmeetings,membersofthepublicmustbegiventheopportunitytospeakonagendaitems beforeactionistaken.
x Speakerscannotberequiredtogivetheirnameoraddress,butitmayberequested. x Membersofthepublicmustbeallowedtorecordtheproceedings,solongasnodisruption occurs.
x Thebodymaynotactonanitemthatisnotontheagenda.However,thebodymaydirectstaff toplaceaparticularitemonafutureagendaforconsideration.(Limited"emergency" exceptionsapply.)
HandlingofMaterials:
x Allagendapacketmaterials,andanyothermaterialsdistributedtomembersinconnectionwith amatterbeingconsideredatameeting,arepublic,andmustbeprovidedwithoutdelay.In PismoBeach,thesematerialsareproactivelypostedanddistributed,includingonline. x Anyadditionaldocument/informationprovidedtoamajorityofthemembersofabodyis public,exceptwhereexemptfromdisclosurebylaw.
x Ifmaterialsaredistributedtomemberswithin72hoursbeforethemeeting,thematerialsmust bemadeavailabletopublicatthesametime.
x Ifmaterialsaredistributedtomembersatthemeetingbystaff,thematerialsmustbemade availabletopublicatthemeeting.
x Ifmaterialsaredistributedtomembersatthemeetingbyathirdparty,thematerialsmustbe madeavailabletopublicbystaffassoonasfeasiblethenextday. CommonQuestionsabouttheBrownAct
Whatare"serial"meetings?
Serialmeetingsarecommunicationsamongamajorityofabody'smembersaboutbusiness,whichoccur outsideofanoticedmeetinganddonotinvolveamajorityofthebodymeetingatthesameplaceand time.AllformsofserialsmeetingsareviolationsoftheBrownAct. Ina"daisychain"meeting,MemberAcommunicateswithMemberB,whothencommunicateswith MemberC.Forexample:MemberAtellsMemberBthattheyplantovoteforanupcomingproject,then MemberBcallsMemberCtotellMemberChowMemberAplanstovote. Ina"hubͲandͲspoke"meeting,memberscommunicateindividuallywithathirdparty,whotheneither deliberatelyorinadvertentlyconveysthemembers'positionstoeachother.Forexample:Adeveloper meetswithtwoPlanningCommissioners,whoindicatethattheysupportthedeveloper'sproject,then thedevelopermeetswithathirdPlanningCommissionerandtellsthethirdPlanningCommissionerthat twootherCommissionersareinfavoroftheproject.
Whyareserialmeetingsillegal,andethicallyproblematic? Inbothscenarios,anillegalmeeting(deliberation,ordevelopmentofconcurrence,amongamajorityof membersoutsideanoticedmeeting)hasoccurredassoonasathirdmemberbecomesinvolved.One Memberbecomingawareofthepositionsoftwoormoreothermembersconstitutesameeting, becausedefactodeliberationamongamajorityofmembershasoccurred,eventhoughtheyhaven't necessarilyconvenedatthesametimeandplace.Becausethisdeliberationtookplaceoutsideanoticed Attachment 5.A
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Pismo Beach City CouncilNovember 7, 2023

Pismo Beach City Council
November 7, 2023