Agenda packet — Pismo Beach City Council, December 5, 2023 (part 1 of 3)

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AGENDA
Pismo Beach City Council
Tuesday, December 5, 2023
Time Meeting Type Physical Location Virtual Participation Option 5:00 p.m. Closed Session City Hall None
5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual participation is offered via Zoom.
2 Broadcast meeting also available, for viewing only, on cable Channel 20 and online at pismobeach.org/agenda.

0.HYBRID MEETING INSTRUCTIONS:

These meetings are being conducted in a hybrid format with both in-person and virtual public participation. Ways to watch these meetings and submit public comment are provided below.

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

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

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

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

Watch on Channel 20:
•Regular Meeting only: Tune to local cable channel 20 in Pismo Beach; the meeting will be broadcast live.

Meetings are also replayed at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day the following week.

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

Submit voicemail comment:
•Regular Meeting and Closed Session: Call 805-773-7005 and leave a voicemail before the meeting.

Voicemails submitted after the start of the meeting may not be fully considered prior to any action taken on the item. This automated voicemail line will not be answered or monitored for other purposes.

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

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

Council Agenda 12-5-2023

Pismo Beach City Council Agenda December 5, 2023

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Special Closed Session—5:00 p.m.

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

CALL TO ORDER: Mayor Waage

1. ROLL CALL:

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

2. PUBLIC COMMENT PERIOD – Council Chamber
At this time, members of the public may comment on any item appearing on the agenda.

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

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

3. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)

Item 3.A: Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code §54956.9

4. CLOSED SESSION REPORT
If a regular meeting follows this Closed Session, the Closed Session Report will be made during the regular meeting.

5. ADJOURNMENT

Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, December 5, 2023 Council Chamber, City Hall

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Regular Meeting—5:30 p.m.

Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 CALL TO ORDER: Mayor Waage

1. ROLL CALL:

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

2. PLEDGE OF ALLEGIANCE

3. ACCEPTANCE OF AGENDA

4. PRESENTATIONS

None.

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

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

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

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

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

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

8. COUNCIL COMMITTEE REPORTS

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

2. California Joint Powers Insurance Authority (Reiss)

3. CAPSLO (Reiss)

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

5. Central Coast Community Energy Policy Board (Mayor)

6. Chapman Estate Foundation (Liaison) (Reiss)

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

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

9. Friends of Price House Liaison (Waage)

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

11. Homeless Services Oversight Council (Guthrie/Reiss)

12. Integrated Waste Management Authority (Newton/Inman)

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

14. REACH (Newton)

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

16. Shell Beach Improvement Group Liaison (Inman)

17. SLOCOG (Waage/Reiss)

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

19. Visit SLO CAL Advisory Committee (Inman)

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

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

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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 November 7, 2023 Closed and Regular Meeting;

2. Adopt Minutes of the November 13, 2023 Closed Session.

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

Recommendation:

1. Approve the Summary of Payroll Register for October 22, 2023 and November 5,2023;

2. Approve the Register of Demands for October 20, 2023, October 27, 2023 and November 3, 2023.

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

Recommendation:

No action recommended; for information only.

Item 9.D: Annual Public Report on Development Impact Fees for Fiscal Year 2023 (Feeser)

Recommendation:

1. Receive the Annual Public Report on Development Impact Fees for Fiscal Year 2023;

2. Adopt a Resolution approving the Annual Public Report on Development Impact Fees for Fiscal Year 2023.

Item 9.E: Ratification of the Purchase of Two New Pool Vehicles in Fiscal Year 2024 (Fine)

Recommendation:

Adopt a Resolution ratifying the purchase of two Toyota RAV4 Hybrid LE vehicles at a combined price of $73,505.43 inclusive of tax, title, and licensing fees, in Fiscal Year 2024.

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Item 9.F: Amendment #9 to the Agreement with Rincon Consultants, Inc. for Professional Services Related to Central Coast Blue Environmental Documents (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #9 to the existing Professional Services Agreement with Rincon Consultants, Inc. for Preparation of Environmental Documents for Central Coast Blue in the amount of $23,053.

Item 9.G: Joinder Amendment to the Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority (Fine)

Recommendation:

Adopt a Resolution approving the 2023 County Joinder Amendment to Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority.

Item 9.H: 2024 City Council Regular Meeting Schedule (Inderlied)

Recommendation:

Adopt a Resolution establishing the 2024 City Council Regular Meeting schedule.

Item 9.I: Adoption (Second Reading) of Sewer Use Ordinance (Inderlied)

Recommendation:

Adopt 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 9.J: Adoption (Second Reading) of an Ordinance Modifying Chapter 5.22 of the Pismo Beach Municipal Code Regarding Short-Term Rentals (Inderlied)

Recommendation:

Adopt an Ordinance amending Chapter 5.22 of the Pismo Beach Municipal Code, relating to administrative regulations of vacation rentals, short-term rentals, and homestays.

Item 9.K: Appointment of Alternate Director to the Central Coast Blue Regional Recycled Water Authority Board of Directors (Inderlied)

Recommendation:

Appoint Mayor Pro Tem Reiss to serve as the City’s Alternate Director on the Central Coast Blue Regional Recycled Water Authority Board of Directors.

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10. ITEMS PULLED FROM CONSENT CALENDAR

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

GENERAL PROCEDURES FOR PUBLIC HEARINGS (Mayor/Presiding Officer reserves discretion to set speaking allowances):

1. City staff will present the staff report and recommendation, and respond to technical/clarifying questions from Council;

2. Mayor will open the public hearing, and invite the project applicant, or representative, to present the project (Limited to 10 mins);

3. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to present their appeal (Limited to 10 mins);

4. Mayor will then ask other interested persons to testify regarding the project (Limited to 3 mins per speaker);

5. Mayor will invite the project applicant, or representative, to make a rebuttal if desired (Limited to 5 mins);

6. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to make a rebuttal if desired (Limited to 5 mins);

7. Mayor will close the public hearing, following which the Council will deliberate and act on the matter.

Item 11.A: Public Hearing to Receive Community Input, Requests, and Recommendations for use of Community Development Block Grant Funds (Downing)

Recommendation:

1. Conduct a public hearing to receive input on the disbursement of the City’s allocation of Community Development Block Grant funds for the 2024 Action Plan Year;

2. Adopt a Resolution identifying draft recommendations to the County of San Luis Obispo for inclusion in the 2024 Community Development Block Grant Action Plan.

Item 11.B: Introduction (First Reading) of an Ordinance Approving a Development Agreement with Pismo Beach Self Storage, LP for the Property Located at 100 Five Cities Drive (Fleishman)

Recommendation:

Introduce an Ordinance approving a Development Agreement with Pismo Beach Self Storage, LP.

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

Item 12.A: Coastal Development Permit Consolidation Request for the U.S. 101 Five Cities Multimodal Transportation Network Enhancement Project (Downing)

Recommendation:

Adopt a Resolution authorizing the California Coastal Commission to process a consolidated Coastal Development Permit for the U.S. 101 Five Cities Multimodal Transportation Network Enhancement Project.

Item 12.B: Budget Adjustments for Fiscal Years 2024 and 2025 (Feeser)

Recommendation:

Adopt a Resolution approving and appropriating budget adjustments for Fiscal Years 2024 and 2025.

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Pismo Beach City Council Agenda December 5, 2023

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Item 12.C: 2024 State Legislative Agenda and Amendment #1 to the Agreement with Townsend Public Affairs (Garcia)

Recommendation:

Adopt a Resolution approving Amendment #1 to the agreement with Townsend Public Affairs for state legislative advocacy services from January 2024 through June 2026, in an amount not to exceed $138,000; and approving the 2024 State Legislative Agenda.

Item 12.D: 2024 Federal Legislative Agenda and Amendment #1 to Agreement with Thorn Run Partners (Garcia)

Recommendation:

Adopt a Resolution approving Amendment #1 to the agreement with Thorn Run Partners for federal legislative advocacy services from January 2024 through June 2026, in an amount not to exceed $153,000; and approving the 2024 Federal Legislative Agenda.

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

14. ADJOURNMENT

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

Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, December 19, 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 December 5, 2023 meeting(s) of the Pismo Beach City Council was posted on November 30, 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 12-5-2023

Pismo Beach City Council Agenda December 5, 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 12-5-2023

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

ADOPTION OF MEETING MINUTES
RECOMMENDATION:

1.Adopt Minutes of the November 7, 2023 Closed and Regular Meeting;

2.Adopt Minutes of the November 13, 2023 Closed Session.

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 November 7, 2023 Closed and Regular Meeting

2.Draft Minutes of the November 13, 2023 Closed Session Submitted by: Erica Inderlied, City Clerk Meeting Date: December 5, 2023 City Manager Approval:

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DRAFT MINUTES
Pismo Beach City Council
Tuesday, November 7, 2023
Special Closed Session—5:00 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 4:00 p.m.

1.ROLL CALL:

Present: Absent:

Mayor Pro Tem Mary Ann Reiss Mayor Ed Waage
Council Member Marcia Guthrie (arrived 5:35 p.m.)
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:

Matt Downing, Community Development Director
David Fleishman, City Attorney
Jorge Garcia, City Manager

2.PUBLIC COMMENT PERIOD

Call for public comment: No comment.

3.ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session item listed below.

Item 3.A: Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code §54956.9: One potential case
The Council retired to Closed Session to consider the above items.

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 5:20 p.m., to the 5:30 p.m. Regular Meeting.

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Regular Meeting—5:30 p.m.

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

CALL TO ORDER: 5:30 p.m.

1.ROLL CALL:

Present: Absent:

Mayor Pro Tem Mary Ann Reiss Mayor Ed Waage
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
There was consensus among the Council to note Mayor Waage’s absence as excused.

Staff Present:

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

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

3.ACCEPTANCE OF AGENDA
No requests to reorder the 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)
Presented to Karen Perry, Hospice of San Luis Obispo County.

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5. PUBLIC COMMENT PERIOD

Call for public comment:

Shelly Higginbotham commented.

6. CITY MANAGER’S REPORT

City Manager Garcia commented on various topics.

7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT

City Attorney Fleishman reported that the Council had taken no reportable action during its 5:00 p.m. Closed Session.

8. COUNCIL COMMITTEE REPORTS

None.

9. CONSENT CALENDAR

Call for public comment: No comment.

Council Member Inman requested that Item 9.E: Fiscal Year 2024 First Quarter Financial Status Report; Item 9.L: Updated Advisory Body Bylaws and Handbook; 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, be pulled for discussion.

Action: Adopt Consent Calendar.

Motion: Newton
Second: Inman

Vote: The motion passed on the following vote (Items 9.A through 9.D; Items 9.F through 9.K):

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

Absent: 1 Waage
Abstain: 0
Recused: 0

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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) Pulled from the Consent Calendar for discussion.

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.

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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.

Legislative Record: Resolution R-2023-082 adopted.

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.

Legislative Record: Resolution R-2023-083 adopted.

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.

Legislative Record: Resolution R-2023-084 adopted.

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.

Legislative Record: Resolution R-2023-085 adopted.

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

Pulled from the Consent Calendar for discussion.

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)

Pulled from the Consent Calendar for discussion.

10. ITEMS PULLED FROM CONSENT

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

Recommendation: No action recommended; for information only.

Action: No action.

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.

Action: Consensus to:

1. Continue this item until January 16, 2023.

2. Incorporate consideration of an update to the Conflict of Interest Code, relating to required disclosures from common-law conflicts of interest, to the scope of the item.

In support: 4 Guthrie, Inman, Newton, Reiss
In opposition: 0

Absent: 1 Waage
Abstain: 0
Recused: 0
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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.

Presenting staff:

Jorge Garcia, City Manager
Action: 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.

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

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

Absent: 1 Waage
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-086 adopted.

11.PUBLIC HEARINGS
None.

12.BUSINESS ITEMS
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.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, City Manager
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Guest presenters:

Stephen Hanamaikai, San Luis Obispo Council of Governments Jorge Aguilar, Wallace Group

Call for public comment:

Marilee Hyman commented.

Jeff Reynolds commented.

Action: Direct staff to proceed with “Alternative 2,” a pathway on the ocean side of Shell Beach Road, for the Shell Beach Road Multi-Use Path project.

In support: 4 Guthrie, Inman, Newton, Reiss
In opposition: 0

Absent: 1 Waage
Abstain: 0
Recused: 0

Action: Adopt a Resolution Approving Notice of Exemption No. 2023-023 for the Shell Beach Road Shared Use Path Extension Project.

Motion: Newton
Second: Guthrie

Vote: The motion passed on the following vote:

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

Absent: 1 Waage
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2023-087 adopted.

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.

Presenting staff:

Matt Downing, Community Development Director
David Fleishman, City Attorney
Jorge Garcia, City Manager

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Call for public comment:

Diana DeGarmo commented.

Jeff Reynolds commented.

Shelly Higginbotham commented.

Shauna Wills commented.

Action: 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, with the following revisions:

1.Revise Section 5.22.130 D. to indicate that licensed properties shall be inspected for two years rather than five.

2.Revise Section 5.22.140 B.1. to add a new subsection c. to read as follows: “In addition to the penalties imposed under subsection a., upon a third violation of the same provision within a rolling one (1) year period, the Community Development Director shall revoke the short-term rental license.”
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: Ordinance O-2023-XXX introduced.

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.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, City Manager
Call for public comment: No comment.

Council Agenda 12-5-2023 9.A-11
Attachment 1
Packet Page 11

Action: 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.

Motion: Newton
Second: Guthrie

Vote: The motion passed on the following vote:

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

Absent: 1 Waage
Abstain: 0
Recused: 0

Legislative Record: Ordinance O-2023-XXX introduced.

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

Recommendation:

Receive Police Department Semi-Annual Update.

Presenting staff:

Jorge Garcia, City Manager
Jeff Smith, Chief of Police

Call for public comment:

Tedd commented.

Action: No action.

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.

Presenting staff:

Jorge Garcia, City Manager

Call for public comment:

Tedd commented.

Action: No action.

Council Agenda 12-5-2023 9.A-12
Attachment 1
Packet Page 12

13. CITY COUNCIL COMMENTS AND REQUESTS

No action.

14. ADJOURNMENT

At 9:07 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

Council Agenda 12-5-2023 9.A-13
Attachment 1
Packet Page 13

DRAFT MINUTES
Pismo Beach City Council
Monday, November 13, 2023
Special Closed Session—1:30 p.m.

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

CALL TO ORDER: Mayor Pro Tem Reiss called the meeting to order at 1:31 p.m.

1.ROLL CALL:

Present: Absent:

Mayor Pro Tem Mary Ann Reiss Mayor Ed Waage
Council Member Marcia Guthrie
Council Member Stacy Inman (via teleconference)
Council Member Scott Newton
Staff Present:

Jorge Garcia, City Manager

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

3.ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Pro Tem Reiss announced the Closed Session item listed below.

4.CLOSED SESSION REPORT
Mayor Pro Tem Reiss Reported that no reportable action was taken on the above item.

Council Agenda 12-5-2023 9.A-14
Attachment 2
Packet Page 14

5.ADJOURNMENT
At 2:55 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 12-5-2023 9.A-15
Attachment 2
Packet Page 15

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 22, 2023 and November 5, 2023;

2. Approve the Register of Demands for October 20, 2023, October 27, 2023 and November 3, 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: December 5, 2023
Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

Council Agenda 12-5-2023 9.B-1
Packet Page 16

FOR PERIOD ENDING 10/22/23
CHECKS DATED 10/27/23
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557045‐557046 2
ACH 129

EARNINGS
REGULAR 360,922.89
HOLIDAY 4,980.80
OVERTIME (Includes Comp Time Payouts)29,645.50
Administration
Building
Conference & Visitors Bureau
Police Department 18,915.72
Parking
Engineering
Fire
Recreation 44.50
Public Works 5,826.07
Water 1,963.24
Wastewater 2,895.97
Motor Vehicles
Subtotal‐Overtime 29,645.50$
SALARY ADJUSTMENTS ‐
TRAINING / UNIFORM ALLOWANCE
OTHER EARNINGS 14,842.31
$410,391.50
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 42,275.91
FICA & MEDICARE 28,524.97
STATE INCOME TAX 15,134.77
STATE DISABILITY INSURANCE 3,144.00
GARNISHMENTS 461.53
HEALTH 1,841.98
SUPPLEMENTAL DISABILITY 1,341.75
SECTION 125 2,698.24
PERS 32,981.16
DEFERRED COMPENSATION 11,578.27
ADDITIONAL LIFE INSURANCE 334.21
UNION DUES 2,286.59
PISMO ATHLETIC CLUB 275.00
OTHER
NET PAYROLL $267,513.12
DIRECT DEPOSIT DEDUCTION 265,132.31
NET PAYROLL AFTER ACH DEPOSIT 2,380.81
SUMMARY PAYROLL REGISTER
Council Agenda 12-5-2023 9.B-2
Attachment 1
Packet Page 17

FOR PERIOD ENDING 11/05/23
CHECKS DATED 11/10/23
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557047‐557047 1
ACH 131

EARNINGS
REGULAR 361,377.49
HOLIDAY 4,984.09
OVERTIME (Includes Comp Time Payouts)24,979.79
Administration
Building
Conference & Visitors Bureau
Police Department 19,768.39
Parking
Engineering
Fire
Recreation 430.31
Public Works 1,997.38
Water 1,782.25
Wastewater 1,001.46
Motor Vehicles
Subtotal‐Overtime 24,979.79$
SALARY ADJUSTMENTS 363.33
TRAINING / UNIFORM ALLOWANCE
OTHER EARNINGS 16,882.40
$408,587.10
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 41,054.64
FICA & MEDICARE 27,589.01
STATE INCOME TAX 14,561.39
STATE DISABILITY INSURANCE 3,069.20
GARNISHMENTS 461.53
HEALTH 1,841.98
SUPPLEMENTAL DISABILITY 1,341.75
SECTION 125 2,489.90
PERS 33,547.47
DEFERRED COMPENSATION 11,827.76
ADDITIONAL LIFE INSURANCE 315.32
UNION DUES 2,289.18
PISMO ATHLETIC CLUB 294.50
OTHER
NET PAYROLL $267,903.47
DIRECT DEPOSIT DEDUCTION 266,773.57
NET PAYROLL AFTER ACH DEPOSIT 1,129.90
SUMMARY PAYROLL REGISTER
Council Agenda 12-5-2023 9.B-3
Attachment 1
Packet Page 18

City of Pismo Beach
Final Disbursement List Check Date 10/20/2023
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 12636 CALPERS 2,800.00$ GASB 68 Reporting Services Fee 127578 10434 Abalone Coast Analytical Inc 144.00 Water Analysis 127579 13460 AT&T Mobility 287284035974 1,266.95 Cell Phone Services‐ Sept. 2023 127580 12261 B & B Overhead Door Co., Inc.695.00 Facilities Maintenance 127581 14119 Boone Printing & Graphics, Inc.61.14 Business Cards 127582 10818 Bosch Landscape 1,150.00 Price House Landscaping 127583 10888 Bound Tree Medical LLC 181.21 Medical Supplies 127584 14229 Brendler Janitorial Service 16,152.00 Janitorial Services for City Facilities ‐ September 2023 127585 12841 Robert Brenman 40.00 Senior Dance Band Member 10/9/23 127586 11392 Brenntag Pacific Inc.1,778.43 Sodium Bisulfite 127587 14038 Bureau Veritas North America, Inc.18,945.00 Professional Building Division Support ‐ Aug 2023 127588 12098 Burke & Pace Lumber of Arroyo Grande 428.79 Parks Maintenance 127589 13852 California Diesel & RV LLC 2,356.53 Vehicle Maintenance 127590 14554 Jeffrey Cardinal 40.00 Senior Dance Band Member 10/9/23 127591 12178 Central Coast Playgrounds, Inc.6,680.00 Repair soft fall damages at Ira Lease & Boosinger Park 127592 13951 Central Coast Portables 189.00 Portable Restroom Rental: Boosinger Park Neighborhood Event 10/6 127593 14682 Church of God 1,175.00 Deposit Refund: PBVH Event & 1 Security Guard 10/1‐10/7/23 127594 14415 CLAD Consulting, Inc.11,975.00 On‐Call & 2655 Shell Beach Inspection/MS4 Permit Support Services/PM, CM & Inspection ‐Temp Facilities ‐ Sept 2023 127595 14382 CleanStreet, LLC 13,662.62 Street Sweeping Services ‐ September 2023 127596 11227 Cole Chrysler Dodge 11,563.70 Vehicle Maintenance 127597 14217 Deltina Coffee Roasters 125.00 Coffee
127598 12307 Department Of Justice 196.00 Livescan Services ‐ May & Sept 2023 127599 13785 David Doust 2,250.00 Public Art: Stop Sign Pole ‐ Terrace & Shell Beach Rd 127600 10608 Duke's Root Control Inc.6,399.40 Sewer Pipe Root Control 127601 14680 Michelle Duncan 681.00 Reclaimed Property/Evidence Case No. 230761 127602 11606 Eric Eldridge 49.27 Reimb: Recruitment Lunch 127603 13283 Epic Entertainment DJS, Lighting & Photo Booths LLC
750.00 Band Review Audio
127604 13586 Famcon Pipe & Supply Inc.4,153.78 Distribution Maintenance 127605 11868 FGL Environmental 1,146.00 Water Analysis
127606 14518 Macee Flores 217.00 M&IE: MMASC 11/1‐11/3/23 127607 13669 Frontal Security Services of California 525.00 Security ‐ PBVH Events 10/4/23, 10/6/23, 10/8/23 127608 10988 Global Payments, Inc.2,600.00 Staff Training Oct/Nov 2023 127609 14208 Gold Coast Environmental, Inc 752.50 WWTP Equipment Repair 127610 14097 Julia Goodman 317.54 Mileage/M&IE: Activate 10/25‐10/27/23 127611 12722 Derek Hood 300.00 Magic Show Pumpkins in the Park 10/28/23 127612 14465 Ian Huff 731.80 Hotel Reimb: RIMSCON 2023 10/8‐10/13/23 127613 13276 InfoSend, Inc.1,153.37 Processing‐Printing‐Mailing Utility Bills Sept 2023 127614 12255 Iron Mountain Information Mgmt, Inc 186.72 Shredding Services 127615 12096 Lee Wilson Electric Co Inc 882.08 Signal Light Monitoring and Repairs Aug 2023 127616 14683 Management Trust 221.44 Refund: Building Permit Fees B23‐000405 127617 13645 MDN Engineering, LLP 2,500.00 Ocean Blvd Improvements Support ‐ Sept 2023 127618 12090 Mier Bros. Landscape Products 220.89 Streets Maintenance 127619 10097 Miners Hardware 1,624.41 Maintenance Supplies 127620 13615 Julian Mora 1,847.50 Prepare Suite A‐1 ‐ Safety Facility Project 127621 14611 Jon Wayne Mounts 40.00 Senior Dance Band Member 10/9/23 127622 11172 Mullahey Ford 1,677.58 Vehicle Maintenance 127623 13407 72 Hour LLC National Auto Fleet Group 55,806.90 Lifeguard Replacement Vehicle 127624 12199 Noble Saw, Inc 266.32 Equipment Maintenance 127625 14681 Jose Nunez 1,000.00 Deposit Refund ‐ PBVH Event 9/30/23 127626 14679 Austin O'Dell III 1,700.00 Cash for Grass ‐ 218 Elaine Way 127627 14343 ODP Business Solutions, LLC 115.01 Office Supplies 127628 12315 Pacific Gas & Electric Company 4,544.79 Electricity 9/5/23 ‐ 10/8/23 127629 11202 Pavement Engineering, Inc.4,940.00 Palisades/Chumash Parking Lots ‐ Aug 2023 127630 12335 Procare Janitorial Supply Inc 723.20 Janitorial Supplies 127631 13327 Steve Reinwald 613.48 Mileage/M&IE: CALBO 10/22 ‐ 10/26/23 127632 14613 Dennis Richardson 456.00 Instructor: Tennis with Dennis 9/9‐9/23/23 #11318 127633 14162 Rock and Roll Diner of Oceano, Inc 300.00 Clam Chowder Cook‐Off Participation 127634 10452 Richard Rolson 2,660.00 Sound & Stage for Clam Festival 10/21‐10/22/23 127635 11266 San Luis Auto Parts Inc 886.44 Vehicle Maintenance 127636 11796 San Luis Powerhouse, Inc.808.83 Pismo Oaks Lift Station Generator ‐ Annual Service Council Agenda 12-5-2023 9.B-4
Attachment 2
Packet Page 19

City of Pismo Beach
Final Disbursement List Check Date 10/20/2023
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
127637 10731 Santa Maria Motorcycles LLC 339.25 Vehicle Maintenance 127638 12108 Santa Maria Tire, Inc.2,838.06 Vehicle Maintenance 127639 13913 Silvas Oil Co., Inc 8,649.28 Diesel & Unleaded Fuel Deliveries 9/29/23 127640 10096 SLO County Auditor‐Controller Treasurer 394.76 23/24 060‐228‐017 Property Tax‐GB well 8th street & 23/24 060‐443‐ 049 Property Tax GB 8th Street
127641 10533 SLO County Sheriff Department 4,600.00 Bomb Task Force Contribution FY23/24 127642 12659 Jason Spears 256.00 M&IE: IA Investigations 10/31‐11/3/23 127643 12806 Donald G. Stever 40.00 Senior Dance Band Member 10/9/23 127644 13530 TCA Tools Inc 178.87 Vehicle Maintenance Supplies 127645 12629 Tetra Tech Inc 140.00 Map Checking ‐ Aug 2023 127646 11032 The Cliffs 300.00 Clam Chowder Cook‐Off Participation 127647 14440 The Top Shop 474.91 Clam Festival T‐Shirts 127648 14688 TVJ SONS II LLC 36,722.00 Admin New Vehicle to Fleet #ADM231 127649 12982 Ultrex Business Products 1,521.68 Monthly Copier Usage Sept 2023 127650 14034 Vital Records Holdings, LLC 152.95 Document Storage October 2023 127651 10243 WateReuse Association 1,207.50 Annual Membership 2024 Total:255,468.88$
Council Agenda 12-5-2023 9.B-5
Attachment 2
Packet Page 20

City of Pismo Beach
Final Disbursement List Check Date 10/27/2023
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10002 Internal Revenue Service 99,325.85$ Federal Income Tax PD 10/27/23 ACH 11305 Public Employees Retirement System 70,450.55 PERS Retirement EE & ER PD 10/27/23 ACH 12017 Vantagepoint Transfer Agents 10,827.00 Retiree Health Longevity Premiums ‐ PD 11/01/23 ACH 12260 dba: Mission Square ICMA Retirement Trust ‐
457
24,009.98 ICMA 457 Deferred Comp EE & ER PD 10/27/23
ACH 12305 Franchise Tax Board 18,230.57 State Income Tax & SDI PD 10/27/23 ACH 12360 CalPERS 457 Plan 291.67 PERS 457 Deferred Comp ER PD 10/27/23 ACH 12708 dba: Mission Square ICMA Retirement Trust‐
Roth IRA
550.00 ICMA Roth IRA PD 10/27/23
ACH 12944 Leaf 1,322.25 Monthly Copier Lease ‐ Oct 2023 ACH 14595 Missouri Div. of Employment Security 48.78 Q3 2023 ‐ MO State Unemployment Taxes ACH 14596 Missouri Dept. of Revenue ‐ Taxation Division 221.35 Q3 2023 Withholding Taxes ACH 10371 Visit SLO County 228,748.88 TMD Payments Aug 2023 ACH 14257 Igoe Administrative Services 2,507.78 IGOE FSA and DDS reimbursement Participation Fee ‐ Oct 2023 127652 13269 Bianka Buchanan 217.00 M&IE: MMASC Conference 11/1‐11/3/23 127653 13894 Leah Moss 624.41 Mileage/M&IE ‐ MMASC Annual Conference 10/31‐11/3/23 127654 12036 Erin Olsen 148.00 M&IE: MMASC Conference 11/1‐11/3/23 127655 10446 Achievement House, Inc.8,375.00 Pressure Washing Rental/Shell Beach Litter Removal & Clean‐ up/Sidewalk Cleaning Services ‐ Sept 2023
127656 11882 Alexander's Contract Services Inc 4,020.67 Water Meter Reading Services Oct 2023 127657 11382 Applied Technology Group, Inc.3,253.56 Hillcrest Radio Repeater Site Battery Replacement 127658 13278 AT&T 9391059148 2,016.51 Phone Bill ‐ 09/10/2023 ‐ 10/09/2023 127659 14119 Boone Printing & Graphics, Inc.61.14 Business Cards 127660 13139 Brough Construction 149,900.50 Palisades & Chumash Parks Playground Project ‐ Sept 2023 127661 14402 Carol A. Burner 866.66 900 Bello Lease ‐ November 2023 127662 10626 California Highway Adoption Co 1,050.00 Highway 101 On/Off Ramp Mitigation ‐ Oct 2023 127663 14414 California State Disbursement Unit 461.53 Tax Withholding Order PD 10/27/23 127664 12610 CalPortland Construction 703,813.57 Paving Project ‐ Aug 2023 127665 10085 Cannon Associates 6,228.03 Ocean Blvd CM/Storm Damage Sites ‐ FEMA support ‐ Sept 2023 127666 11451 Channel Islands Technology Integrators' Group 19,574.21 Monthly Help Desk‐Oct 2023/NetMotion Project/SharePoint Setup and Migration/Monthly Backup Subscriptions‐Sept 2023
127667 14415 CLAD Consulting, Inc.18,707.50 Palisades and Chumash CM ‐ Sept 2023 127668 11231 Coastal Peaks Coffee 52.00 Coffee
127669 14202 Crisp Imaging 595.32 Parking Annex Plans
127670 14313 Culligan/Santa Maria 146.02 Drinking Water Sept 2023 127671 12628 Dell Marketing LP 4,736.52 Computer Accessories/VIK Laptop Replacement/(3) Dell Ultra Sharp Monitors
127672 11469 Eikhof Design Group Inc 5,012.00 Wadsworth Storm Drains ‐ Aug & Sept 2023/Stormwater Consulting/Addie St. Restroom Engineering Design/ Pier Ave Stair Removal‐ Sept 2023
127673 14486 Tucker Ellis 376.00 M&IE: Intermediate TC Investigation 11/5‐11/10/23 127674 13385 IPS Group, Inc.2,737.37 IPS Transaction Fees ‐ Sept 2023 127675 10474 Joseph Wolosz 6,500.00 Wolosz Parking Lot Lease ‐ Nov 2023 127676 13002 Justin Klier 89.00 Reimb: Commercial Drivers License 127677 12096 Lee Wilson Electric Co Inc 345.00 Signal Light Monitoring and Repairs ‐ Sept 2023 127678 10656 LN Curtis & Sons 6,264.87 Annual Bauer Compressor Service & Maintenance/ Master Controller for Airbags
127679 14401 Barbara L. Maraist 866.67 900 Bello Lease ‐ November 2023 127680 13361 Marborg Industries Santa Barbara 335.73 ADA Portable Restrooms Addie Street ‐ 9/18 ‐ 10/9/23 127681 13645 MDN Engineering, LLP 10,625.00 Paving Project & Chapman ADA Restroom ‐ Sept 2023 127682 14427 Rubio Medina 5,026.00 Parking Annex ‐ Sept 2023 127683 10097 Miners Hardware 1,152.50 Maintenance Supplies 127684 10039 New Times 314.00 Legal Advertising
127685 14689 Norman S. Wright Duckworth Mechanical
Equipment Co
431.00 Facilities Maintenance
127686 14343 ODP Business Solutions, LLC 91.88 Office Supplies 127687 12138 Ormonde Truck & Tractor 21,993.75 330 Main ‐ On Site Prep for Temporary Trailers 127688 12315 Pacific Gas & Electric Company 30,055.77 Electricity 9/7/23 ‐ 10/8/23 ‐ Annual True‐Up Stmt 127689 12070 Michelle Pearson 529.93 Mileage/M&IE: AFSS Leadership 11/5‐11/7/23 127690 14356 Pegasus Architecture, LLC 47.50 Chapman ASDC ‐ Sept 2023 127691 10633 Pismo Beach Athletic Club Inc 550.00 PBAC Dues collected for October 2023 127692 12022 Pismo Beach Police Officer's Association 1,375.92 POA Dues PD 10/27/23 Council Agenda 12-5-2023 9.B-6
Attachment 2
Packet Page 21

City of Pismo Beach
Final Disbursement List Check Date 10/27/2023
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
127693 14403 Betty J. Pratt 866.67 900 Bello Lease ‐ November 2023 127694 14690 RCH Construction 1,500.00 Refund bond ‐ 860 Wadsworth 127695 11266 San Luis Auto Parts Inc 391.28 Vehicle Maintenance 127696 11796 San Luis Powerhouse, Inc.1,792.95 Annual Generator Service 127697 14557 Securitas Technology Corporation 1,110.50 Monthly & Quarterly Security/Maintenance/Monitoring ‐ Nov 2023 127698 11208 SEIU Local 620 AFL/CIO 910.67 SEIU Dues PD 10/27/23 127699 11168 Sherwin‐Williams 370.71 Facilities Maintenance 127700 10913 Siteone Landscape Supply LLC 13.85 Maintenance Supplies 127701 10576 SLOCO Data, Inc 359.89 Clam Festival Banners 127702 14691 Solstice Publishing, LLC 382.00 Reimb: 2 private news racks 127703 10730 South Coast Emergency Vehicle 10,174.67 FDE63 Annual C Service w/DOT Inspection 127704 11722 SP Maintenance Services Inc 4,688.75 Parking Lot & Street Sweeping Services ‐ September 2023 127705 12321 The Gas Company 1,372.38 Gas Service 09/13/23‐ 10/18/23 127706 13442 Thorn Run Partners 4,500.00 Federal Lobbying Services ‐ October 2023 127707 11001 Toste Construction, Inc.487.50 Streets Maintenance 127708 12860 Townsend Public Affairs 4,000.00 State Lobbying Services ‐ October 2023 127709 13905 Tripepi, Smith and Associates, Inc 4,743.75 2023‐24 Budget in Brief; 2023‐24 Budget Booklet; Trail Brochure 127710 10971 Giles Clayton Tuckfield 2,618.67 Water and Wastewater Rate Study Sept 2023 127711 12527 Water Systems Consulting Inc 865.60 NCMA Staff Extension ‐ Sept 2023 127712 12132 White Flag Pest Control Inc 756.00 Pest Control Total:1,518,008.54$
Council Agenda 12-5-2023 9.B-7
Attachment 2
Packet Page 22

City of Pismo Beach
Final Disbursement List Check Date 11/03/2023
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 11224 Richards, Watson, Gershon Attorneys At Law 29,214.27$ Professional Legal Services ‐ Sept 2023 127714 14694 Thomas Becker 1,000.00 Deposit Refund: PBVH Event 10/8/23 127715 13315 Fiona Jane Bessette 250.00 Band Review Judge 2023 127716 13314 Ronald Walter Bessette 250.00 Band Review Judge 2023 127717 14119 Boone Printing & Graphics, Inc.61.36 Business Cards 127718 14454 John P. Bremis III 250.00 Band Review Judge 2023 127719 10028 Brisco Mill & Lumber Yard 28.40 Maintenance Supplies 127720 12346 Broyhill Manufacturing Company 897.98 Vehicle Maintenance 127721 13325 Fred Cadiente 250.00 Band Review Judge 2023 127722 10389 CALEA 7,590.00 Communications Annual Continuation Fee & Annual Continuation Fee FY24
127723 14696 Cal‐Safe Moving Services Inc.469.00 Moving Services 127724 10269 Carquest Auto Parts 56.44 Vehicle Maintenance 127725 13951 Central Coast Portables 688.80 Portable Restrooms ‐ Pismo Tennis Courts ‐ Sept 2023 127726 14693 Scott Cleere 200.00 Tennis & Pickleball Courts Maintenance 127727 14658 Container Stop, Inc.26,400.00 4 Shipping Containers 127728 14146 Pamela Ann Coslick 88.00 Instructor: Tae Kwon Do 10/4 ‐ 10/25/23 #11334 127729 UB*01041 CAMBRIA & ROBERT DAM‐MIKKELSEN (T)47.30 Refund Check 019260‐000, 2558 COBURN 127730 12307 Department Of Justice 32.00 Livescan Services‐ November 2022 127731 13697 Dudek 4,273.88 Prof Svcs GP/LCP 7/29 ‐ 8/25/23 127732 10732 Granite Construction Company 39,256.53 Ocean Blvd ‐ Aug 2023 127733 13310 Rachel L Grant Kiley 250.00 Band Review Judge 2023 127734 12952 GSI Water Solutions Inc 1,341.00 NCMA Annual Report ‐ Sept 2023 127735 13588 Kenneth John Guge III 252.00 Instructor: Central Coast Judo 9/4‐9/27/23 #11259 127736 12691 Billy Haas 235.13 Mileage/M&IE: PAPA Seminar 11/8‐11/9/23 127737 13313 Kristopher Bryon Harper 250.00 Band Review Judge 2023 127738 13311 Arthur J. Jr. Holton 250.00 Band Review Judge 2023 127739 13312 Kathy M Holton 250.00 Band Review Judge 2023 127740 11706 Shirley Horacek 1,512.00 Instructor: Watercolor Challenges 9/27 ‐ 11/1/23 #11243 127741 12277 Independent Electric Supply Inc 580.73 Facilities Maintenance 127742 12255 Iron Mountain Information Mgmt, Inc 244.94 Shredding Services City Hall 127743 10375 Mark Latham 74.00 M&IE: PAPA Seminar 11/8‐11/9/23 127744 14692 Pete Ljepava 350.00 Refund: Clam Festival Vendor Fee 127745 14699 LP Kowalski Inc 429.65 Lunch for Judges at Band Review 2023 127746 13645 MDN Engineering, LLP 3,125.00 FEMA Storm Damage Project July ‐ Oct 2023 127747 13576 Michael K. Selleck 250.00 Band Review Judge 2023 127748 10097 Miners Hardware 419.22 Maintenance Supplies 127749 13322 Anne Moorefield 250.00 Band Review Judge 2023 127750 13321 Bob Moorefield 300.00 Band Review Organizer 2023 127751 14700 New Life Community Church 2,634.44 Cash for Grass ‐ 990 James Way 127752 12199 Noble Saw, Inc 174.15 Equipment Maintenance 127753 14343 ODP Business Solutions, LLC 248.14 Office Supplies 127754 11202 Pavement Engineering, Inc.11,268.75 Palisades & Chumash Parking Lot/Paving Project ESDC ‐ Sept 2023 127755 13197 Pioneer Americas, LLC 10728 11,466.62 Sodium Hypochlorite 127756 11551 Pismo Beach Chamber Of Commerce 77.00 Refund: SEC Application Fees for Veterans Day 127757 12335 Procare Janitorial Supply Inc 1,142.87 Janitorial Supplies 127758 13201 Rincon Consultants, Inc.2,151.50 Central Coast Blue EIR ‐ Sept 2023 127759 13634 Eleanor J. Ripley 168.00 Instructor: Line Dancing 9/6 ‐ 10/25/23 #11281 127760 10452 Richard Rolson 680.00 Stage Rental: Pumpkins in the Park 10/28/23 127761 14501 Sheila Rothstein 77.03 Mileage Reimbursement 8/1‐10/2/2023 127762 10913 Siteone Landscape Supply LLC 346.31 Parks Maintenance 127763 10093 SLO County Auditor‐Controller 15,812.50 Phoenix Parking Surcharges ‐ Aug 2023 127764 12570 SLO Roasted Coffee 268.25 Coffee
127765 11539 Eva Snopek Keehn 443.20 Instructor: Dog Nose Scent Work 9/9 ‐ 10/21/23 #11314 127766 13782 Spectre Security Inc.4,440.00 Clam Festival Security 127767 14299 Natalia Stilleson 18.00 Translation Services 127768 10711 Robert Stock 800.00 DJ: Pumpkins at the Park 127769 12630 SWCA Environmental Consultants 3,648.50 Palisades & Chumash Parks Archaeological Monitoring ‐ Sept 2023 127770 12461 TJA Advertising 262,677.13 CVB & LBID Advertising and Promotion Services Sept 2023 127771 14688 TVJ SONS II LLC 36,783.43 2024 Toyota RAV4 Hybrid Council Agenda 12-5-2023 9.B-8
Attachment 2
Packet Page 23

City of Pismo Beach
Final Disbursement List Check Date 11/03/2023
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
127772 14115 Vanir Construction Mgmt, Inc.11,261.00 Owner's Rep & CM ‐ Design‐Build Safety Facility Sept 2023 127773 13567 Terry James Veal 250.00 Band Review Announcer 2023 127774 UB*01042 KEN WESTALL 47.49 Refund Check 018146‐001, 870 BAKERSFIELD 127775 12132 White Flag Pest Control Inc 486.00 Pest Control 127776 14697 Kourtney Wiley 408.00 Deposit Refund: DCP Event 10/21/23 127777 14698 Lindsey Winter 300.00 High Efficiency Toilet Rebate (3) ‐ 150 La Puesta Del Sol Total:489,745.94$
Council Agenda 12-5-2023 9.B-9
Attachment 2
Packet Page 24

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

MONTHLY INVESTMENT TRANSACTION REPORT OF THE CITY’S CASH AND INVESTMENTS FOR OCTOBER 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 October 31, 2023. California State Government Code Section 53607 states that if the authority of the legislative body to invest or reinvest funds for the City is delegated to the City Treasurer, the City Treasurer shall make a monthly report of those transactions to the legislative body.

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

FISCAL IMPACT:

No fiscal impact from the report itself—information only.

ALTERNATIVES:

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

ATTACHMENTS:

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

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

3.For City Pooled Funds B—Summary of monthly transactions by fund Prepared by: Vanessa Garris, Finance Manager Meeting Date: December 5, 2023 Submitted by: Nadia Feeser, Administrative Service Director / City Treasurer City Manager Approval:

Council Agenda 12-5-2023 9.C-1
Packet Page 25

City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned October
2023
Actual Year-to-
Date Interest
Earned Ending
10/31/2023 * Data Sources
General Fund
Reserves
US Bank CDs/GASs/Corp/
Muni Bonds

2.17% avg 7,903,980 23,978$ 52,654$ 1 City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note

3.37% avg 42,903,978 77,014 385,054 1 Total All Securities 50,807,958$ 100,992$ 437,708$ City Pooled Funds - B US Bank Custody 0.00%-$ 583$ 1,287$ 1 City Pooled Funds - B Local Agency Invest.

Fund
State Investment
Pool

3.59%14,883,931 - 133,009 2
City Pooled Funds - B US Bank Checking 0.00%11,439,520 1,440 5,905 3 City Pooled Funds - B 26,323,451$ 2,023$ 140,201$ City Pooled Funds total A + B 69,227,429$ 79,037$ 525,255$ Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 Pier Project 385$ 2$ 6$ 4 Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 CREB's
Project
519 2 9 4 CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit
Trust Account
Various managed
by CalPERS
4,638,943$ -$ (187,876)$ 5 TOTAL, Cash and Investments at October 31, 2023:81,771,257$ 103,019$ 390,047$ TOTAL for City Managed Portfolio, Cash and Investments:77,131,409$ 103,015$ 577,909$ 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 Council Agenda 12-5-2023 9.C-2
Attachment 1
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CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
October 31, 2023

INVESTMENT ACTIVITY

PURCHASES OR DEPOSITS
No Activity -$
Total -$

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

INTEREST REVENUE

GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 23,978$

POOLED INVESTMENTS
Interest Earned on Investments 77,014$
TOTAL INTEREST EARNED 100,992$
Data Source: Monthly Download of Transactions from US Bank Council Agenda 12-5-2023 9.C-3
Attachment 2
Packet Page 27

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:10/31/2023 Bank Account Description Bank ID
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Checking US Bank 12,750,236$ 4,991,946$ (3,344,436)$ 409,887$ (3,368,113)$ 11,439,520$ LAIF LAIF 14,750,922 133,009 - - - 14,883,931 Total all Bank Accounts 27,501,159$ 5,124,954$ (3,344,436)$ 409,887$ (3,368,113)$ 26,323,451$ Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Fund
General Fund 1001-10101 1,092,618 2,329,384 (1,350,600) - - 2,071,402 General Fund-Reserve 1001-10105 55,847 24,325 - - - 80,172 Half Cent Sales Tax Fund 1002 2,174,619 (682,317) - - - 1,492,302 Special Revenue Funds
Gas Tax Fund 2001 80,411 6,095 - - - 86,506 LTF - Streets 2002 299,706 (72,827) - - - 226,879 PEG Access Fund 2003 76,663 87 - - - 76,750 Police Grant Fund 2004 (3,351) 116,700 - - - 113,350 Housing In Lieu Fund 2005 421,006 5,874 - - - 426,880 LBID Fund 2006 1,911,233 259,981 (3,156) - - 2,168,057 Chapman House 2007 85,700 5,397 (8,199) - - 82,898 Capital Projects Funds
Capital Projects Fund 3001 654,210 1,134,522 (1,079,954) - - 708,779 Public Facilities Fund 3002 881 5 - - - 886 Park Development Fund 3003 359,235 (73,923) - - - 285,312 Circulation Fund 3101 578,013 (20,075) - - - 557,938 Development Impact Fee Fund 3102 285,003 36,322 - - - 321,325 Developer Impact Fee Fund 3103 167,676 928 - - - 168,604 Underground Utility Fund 3201 16,577 92 - - - 16,669 Council Agenda 12-5-2023 9.C-4
Attachment 3
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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:10/31/2023 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfe rs-In Transfers-Out Ending
Balance
Debt Service Funds
Public Finance Authority Fund 4001 - - - - - - Public Finance Authority Fund 4002 - - - - - - Freeway Foothills AD Fund 4101 767 4 - - - 771 Spyglass AD Fund 4102 12,768 71 - - - 12,839 Indio-El Portal AD Fund 4112 742 4 - - - 746 Visalia Street AD Fund 4113 2,839 393 - - - 3,231 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 3,096,338 893,812 (169,717) - - 3,820,432 Water Construction Fund 6103 832,404 18,852 (14,204) - - 837,053 Water Expansion Fund 6104 853,657 8,752 - - - 862,409 Wastewater Enterprise Fund 6201 4,632,262 (2,942,803) (349,626) - - 1,339,833 Wastewater Construction Fund 6202 1,405,178 7,782 - - - 1,412,960 Wastewater Expansion Fund 6203 1,966,870 22,411 - - - 1,989,281 LTF - Transit Fund 6301 28,336 157 - - - 28,493 Pier Operations Fund 6401 16,099 6,568 (7,088) - - 15,579 Parking Fund 6501 2,580,625 289,993 (31,095) - - 2,839,522 Internal Service Funds
Technology Service Fund 7101 38,834 117,610 (60,575) - - 95,869 Motor Vehicle Fund 7201 2,913,766 130,712 (169,847) - - 2,874,632 Trust & Agency Funds
SLO County TMD 8201 234,780 190,871 (233,417) - - 192,234 Control Funds
Payroll Control Fund 9301 779,117 1,249 172,392 - - 952,757 Interest Control Fund 9302 4,466 (3,026) - - - 1,440 Utility Billing Control Fund 9304 155,555 3,105 - - - 158,660 M/R Control Fund 9305 - - - - - - Total all cash funds 27,811,450 1,817,087 (3,305,086) - - 26,323,451 Council Agenda 12-5-2023 9.C-5
Attachment 3
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INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 0 - - - - 0 General Fund - CD's 1001-10404 6,115,033 - - - - 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 M 1002-10108 0 - - - - 0 GF Reserve Money Mkt Cash 1001-10109 0 - - - - 0 GF Reserve - CD's 1001-10403 3,182,967 - - - - 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 13,029,864 - - - - 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 - - - - - - Council Agenda 12-5-2023 9.C-6
Attachment 3
Packet Page 30

INVESTMENTS
Debt Service Funds
Public Fin Fiscal Agent-Pier 4002-10510 383 2 - - - 385 Public Fin Fiscal Agent-CREBs 4002-10515 517 2 - - - 519 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 4,638,943 - - - - 4,638,943 Total all Investments 55,447,802$ 4$ -$ -$ -$ 55,447,806$ Total all Funds 83,259,252$ 1,817,091$ (3,305,086)$ -$ -$ 81,771,257$ Council Agenda 12-5-2023 9.C-7
Attachment 3
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D

SUBJECT/TITLE:

ANNUAL PUBLIC REPORT ON DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2023
RECOMMENDATION:

1. Receive the Annual Public Report on Development Impact Fees for Fiscal Year 2023;

2. Adopt a Resolution approving the Annual Public Report on Development Impact Fees for Fiscal Year 2023.

BACKGROUND:

Pismo Beach Municipal Code Chapter 15.10 provides for the establishment of development impact fees under the laws of the State of California. Government Code Section 66000–66025, the "Mitigation Fee Act," provides the legal requirements for enactment of a development impact fee program. Per Government Code Section 66006(b), the City is required to keep track of each separate account or fund established for the development impact fee and to provide an Annual Public Report within 180 days of the last day of each fiscal year (FY).

Impact Fees are updated annually, based on the California Department of General Services California Construction Cost Index (CCCI), a Caltrans index for traffic-related fees, and 5.0% for State Water fees. The CCCI rate effective January 1, 2023 was 7.82% which applies to all projects except Traffic and Circulation and State Water Fees; the Caltrans index rate was 65.03% which applies to all Traffic and Circulation Projects; and the rate of 5.0% for State Water Fees applies to State Water Impact Fees. Regarding the

65.03% Caltrans index rate, this rate varies based on the types and costs of Caltrans construction projects for the past year. Last year’s Caltrans index rate was -17.97%.

In FY 2023, the City collected $737,998 of various impact fees. This is compared to $1,412,691 of impact fees collected in FY 2022, a decrease of 47.76%. The amount collected each year depends on the timing and impact of various developments throughout the city. Table 1 summarizes the total impact fees collected in FY 2023 compared to FY 2022.

Council Agenda 12-5-2023 9.D-1
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Table 1: FY 2023 Development Impact Fees Collected
Annual Public Report
The Annual Public Report on Development Impact Fees for FY 2023 (Attachment 1.A) meets the Mitigation Fee Act reporting requirements. The report summarizes the projects in categories by Fund Type. The Development Impact Fee report is preceded by a Table of Contents of all these fees, in their appropriate categories, which are: Traffic and Circulation Improvement Projects; Wastewater System Projects; Water System Projects; Fire Protection Facilities; Administrative Facilities; Police Protection Facilities; Park and Recreation Improvements and other fees.

Conclusion and Recommendation
Staff recommends that the City Council receive the Annual Public Report on Development Impact Fees for FY 2023 and adopt a Resolution (Attachment 1) approving the Report.

FISCAL IMPACT:

There is no fiscal impact from approving the attached Resolution. The Resolution approves the Annual Public Report on Development Impact Fees for FY 2023.

ALTERNATIVES:

1. Do not accept the Annual Public Report; request additional information.

2. Do not adopt the Resolution.

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Development Impact Fee Report for FY 2023 Submitted by: Meeting Date: December 5, 2023
Nadia Feeser, Administrative Services Director
City Manager Approval:

Impact Fee Description FY 2023 FY 2022 % Change
Impact Fees 151,246$ 263,997$ -42.71%
Circulation Impact Fees 65,852 150,440 -56.23% Park Development and Quimby Fees 122,462 191,044 -35.90% Wastewater Impact Fees 141,570 343,472 -58.78% Water Impact Fees 99,082 212,852 -53.45%
State Water Impact Fees 157,785 250,885 -37.11% Housing In Lieu Fees - -
Total Impact Fees Collected 737,998$ 1,412,691$ -47.76% Council Agenda 12-5-2023 9.D-2
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RESOLUTION NO. R-2023-XXX

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

CALIFORNIA ADOPTING THE ANNUAL PUBLIC REPORT ON DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2023
WHEREAS, the City Council of the City of Pismo Beach, on February 2, 1993, adopted Ordinance #O-93-01 providing for the establishment of development impact fees under Section 66001 of the California Government Code, called the Mitigation Fee Act, the purpose of which is to provide for additional facilities needed to serve additional population; and
WHEREAS, some of the fees adopted were to reimburse for projects already completed; and
WHEREAS, the impact fees collected by the City pursuant to Chapter 15.10 of the Pismo Beach Municipal Code are collected for the purposes set forth Section 15.10.020 of the Pismo Beach Municipal Code; and
WHEREAS, the reasonable relationship between the development impact fees and the purpose for which these fees are charged are set forth in Pismo Beach Municipal Code Chapter 15.10, as well as in the development impact fee study update report prepared by Willdan Financial Services, dated February 2019; and
WHEREAS, the sources and amounts of funding anticipated to complete the financing of incomplete public improvements are set forth in Exhibit A, the Annual Public Report on Development Impact Fees for FY 2023, to this resolution; and WHEREAS, the approximate dates by which any funding anticipated to complete the financing of incomplete public improvements are set forth in Exhibit A to this resolution.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach adopts as findings the recitals set forth above, and adopts the Development Impact Fee Annual Report for Fiscal Year 2023 provided as 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 5th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Council Agenda 12-5-2023 9.D-3
Attachment 1
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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 12-5-2023 9.D-4
Attachment 1
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1 Development Impact Fee
Annual Report
Fiscal Year 2023
Council Agenda 12-5-2023 9.D-5
Attachment 1.A
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2 CITY OF PISMO BEACH, CA

ANNUAL COMPLIANCE REPORT FOR FEES LEVIED UNDER
CALIFORNIA GOVERNMENT CODE SECTION 66006(b)

MITIGATION FEE ACT
"IMPACT FEE REPORT"
FISCAL YEAR ENDING JUNE 30, 2023
For the purpose of compliance with Government Code Section 66006, the following information regarding AB 1600 impact fees is presented.

Table of Contents

I. Reporting Requirements for Impact Fees .......................................................................... 3 II. Description of Development Impact Fees ......................................................................... 3 A. TRAFFIC AND CIRCULATION IMPROVEMENT PROJECTS ................................. 3 B. WASTEWATER SYSTEM PROJECTS .................................................................. 4 C. WATER SYSTEM PROJECTS ............................................................................. 4 D. FIRE PROTECTION FACILITIES ......................................................................... 4 E. GENERAL GOVERNMENT/ADMINISTRATIVE FACILITIES ................................. 4 F. POLICE PROTECTION FACILITIES ..................................................................... 4 G. PARK AND RECREATION IMPROVEMENTS ..................................................... 5 H. OTHER FEES .................................................................................................... 5 III. Amount of Impact Fee, Fund Balance, and Project Names ............................................... 5 A. Governmental/Administrative/Police/Fire/Traffic Circulation Development Impact Fees ........................................................................................................... 6 B. Water Enterprise Fund Development Impact Fees ........................................ 8 C. Wastewater Enterprise Fund Development Impact Fee .............................. 10 D. Other Impact Fee Funds ............................................................................... 12 IV. List of all Impact Fees ...................................................................................................... 14

Council Agenda 12-5-2023 9.D-6
Attachment 1.A
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3 Overview
This report contains information on the City of Pismo Beach's development impact fees for the fiscal year (FY) beginning July 1, 2022 and ending June 30, 2023 (FY 2023). The information presented is to comply with the annual reporting requirements contained in Government Code sections 66000 et seq., "Fees for Development Projects," frequently identified as AB 1600. Note that this Annual report is not a budget document, but rather is published to meet reporting requirements. It is not intended to present a full picture of currently planned projects as it only reports revenues and expenditures for the fiscal year that began July 1, 2022.

The City of Pismo Beach has eight types of development impact fees. They are:
•Traffic and Circulation Improvement Projects
•Wastewater System Projects
•Water System Projects
•Fire Protection Facilities
•General Government/Administrative Facilities
•Police Protection Facilities
•Park and Recreation Improvements
•Other Fees
I.Reporting Requirements for Impact Fees
For each development impact fee, the following information is provided for the fiscal year 2023:

1.A brief description of the development impact fee.

2.The amount of the fee.

3.The beginning fund balance of each development impact fee account.

4.The amount of fees collected.

5.The amount of interest earned.

6.The ending fund balance of each development impact fee account.

7.A list of each project on which the fees were expended.

8.The total amounts of project funding from development impact fees.

9.The total percentage of the project that has been funded with development impact fees.

10.The total amounts of the development impact fee expended on each project.

II.Description of Development Impact Fees

TRAFFIC AND CIRCULATION IMPROVEMENT PROJECTS
The Traffic and Circulation Impact Fees are assessed on new development for its proportionate share of the costs of traffic and circulation improvements attributable to increased trips generated by new development and projects as determined by City staff.

Council Agenda 12-5-2023 9.D-7
Attachment 1.A
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4 WASTEWATER SYSTEM PROJECTS
Impact fees for wastewater system improvements, including both the treatment plant and the collection system are based on improvement needs and costs identified for future development.

WATER SYSTEM PROJECTS

1. Impact Fees for City Water System Storage and Distribution Improvements The impact fees for City Water system storage and distribution improvements calculated are based on improvement needs and costs identified for future development.

2. State Water Supply
The impact fees for Water also include a share of the cost of the State Water supply provided by the State Water Project extension, which has been completed, but still has the capacity to serve additional development. The State Water Supply project fees include accrued interest on bonds used to finance construction.

3. Recycled Water Facility
Estimated cost of the project is $29,708,000. On April 21, 2015, the City Council adopted Resolution No. R-2015-031 directing staff to proceed with the recycled water project alternative known as Full Advanced Treatment with Direct Ground Water Recharge Inland Injection (hereinafter referred to as "Recycled Water Facility") to produce sustainable, reliable, long-term, drought-resistant water supply for the City of Pismo Beach. The Recycled Water Facility includes a process to annually transport 930 acre feet of fully advanced treated wastewater to well injection sites and inject it into the ground water basin.

FIRE PROTECTION FACILITIES
The Fire Protection Facilities Impact Fees are assessed on new residential and commercial development to pay for its proportionate share of land, equipment, and construction costs for existing and new fire stations that will be needed to provide adequate fire protection and emergency services for new development.

GENERAL GOVERNMENT/ADMINISTRATIVE FACILITIES
Impact Fees for administrative facilities assume that the existing City Hall Building is at capacity and additional space will be needed as the City continues to grow. Service population is used as the measure of development impacts for administrative facilities, and the existing ratio of building area to service population is used to project future expansion needs.

POLICE PROTECTION FACILITIES
The Police Protection Facilities Impact Fees are assessed on new residential and commercial development to pay for its proportionate share of and equipment and Council Agenda 12-5-2023 9.D-8
Attachment 1.A
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5 construction costs for existing and new police stations that will be needed to provide adequate fire protection and emergency services for new development.

PARK AND RECREATION IMPROVEMENTS
The Quimby Act authorizes cities and counties in California to require dedication of park land or payment of fees in-lieu of dedication as a condition of approval of residential subdivisions. Although the Quimby Act allows in-lieu fees to be spent for either land acquisition or park development, the amount of the fee may be based only on either land acquisition or park development, the amount of the fee may be based only on the cost of land. The City of Pismo Beach has established a separate impact fee to cover the cost of park improvements. The two fees are complementary. Although in-lieu fees imposed under the Quimby Act apply only to residential subdivisions, an equivalent fee may be imposed as an impact fee on non-subdivision projects for the purpose of acquiring additional park land. Impact fees for park improvements may be imposed on any development project approved by the City that impacts the needs for parks. Since many of the City's recreational facilities are heavily used by visitors, the impact fee applies to both residential and hotel/motel development.

OTHER FEES

1. Housing In-Lieu Fee
Housing In-Lieu Fees are required of new development when housing units affordable to low to moderate income persons are not created within the new development. The fee is submitted to the City in lieu of providing housing units. These fees are utilized for future low to moderate income housing. The amount of the fee is 5% of the assessed valuation of the Building Permit.

2. Sand Supply Fee
The California Coastal Commission requires a mitigation fee for a project impacting beach areas. The fee is to be used towards future coastal access improvements upon consultation with the California Coastal Commission. The amount of the fee is $25 per cubic yard of sand impacted.

III. Amount of Impact Fee, Fund Balance, and Project Names

Council Agenda 12-5-2023 9.D-9
Attachment 1.A
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6 A. Governmental/Administrative/Police/Fire/Traffic Circulation Development Impact Fees

Governmental Fund Development Impact Fees (Fund 3102)
FY 2023 Beginning Fund Balance 484,076$
Fees Collected 151,246
Interest Earned (1,399)
Expenditures/Transfers (268,213)
FY 2023 Ending Fund Balance 365,710$
Impact Fee Description Estimated Cost
Beginning
Balance Fees Collected
Balance before
Interest
Interest
Earned Expenditures Transfers Ending Balance
Cumulative Rev.
+ Int.% Funded Total Expended Balance
Estimated Fiscal
Year for funds
to be deposited
into
appropriate
account
RECOVERY-IMPACT FEE STUDY 110,000.00$ 53,503$ 14,458$ 67,961$ (150)$ (9,518)$ 58,293$ 137,888$ 125% (79,595)$ 58,293$ FY 2025 4th STREET BRIDGE 854,000.00 (724) - (724) 2 (722) 964,336 113% (965,026) (690) 4TH/JAMES WAY SIGNAL 113,000.00 39 - 39 (0) (5,847) (5,808) 100,569 89% (106,377) (5,808) JAMES WAY EXTENSION-Old 887,835.00 (1) (1) 0 (1) 418,800 47% (418,802) (1) PRICE CANYON BRIDGE 620,000.00 4,351 - 4,351 (10) (32,083) (27,742) 574,068 93% (571,809) 2,258 SB OFFRAMP-PRICE/DOLLIVER 235,000.00 17 - 17 (0) (12,160) (12,143) 140,750 60% (152,893) (12,143) SB OFFRAMP-SB/PRICE 140,000.00 10 - 10 (0) (7,244) (7,234) 132,355 95% (139,589) (7,234) SIGNAL: DOLLIVER/WADSWORTH 84,000.00 866 - 866 (2) (4,347) (3,483) 50,765 60% (54,248) (3,483) PRICE ST/WADSWORTH AVE 84,000.00 868 - 868 (2) (4,347) (3,481) 41,235 49% (44,716) (3,481) HINDS-POMEROY COUPLET 20,000.00 207 - 207 (0) (1,035) (829) 9,679 48% (10,508) (829) FIRE STATION II-REMODEL 1,111,338.00 (647) - (647) 1 (46,051) (46,697) 213,578 19% (260,275) (46,697) FIRE STATION THREE 5,110,000.00 (1,219) - (1,219) 3 (1,216) 1,346,167 26% (1,347,382) (1,216) FIRE STATION #3 EQUIP 400,000.00 6,802 - 6,802 (15) (16,575) (9,789) 49,084 12% (58,872) (9,789) FIRE STATION #1 BLDING 552,383.00 (274) - (274) 1 (22,890) (23,163) 67,803 12% (90,966) (23,163) FIRE VEHICLES 438,794.00 (69) - (69) 0 (18,182) (18,251) 50,668 12% (68,919) (18,251) PUBLIC SAFETY CENTER-FIRE 10,957,057.00 136,629 47,265 183,894 (405) 183,489 208,376 2% (24,887) 183,489 FY 2024 CIVIC CENTER-Old 1,724,140.00 44,497 - 44,497 (98) (47,374) (2,976) 659,687 38% (662,663) (2,976) FY 2024 POLICE VEHICLES/EQUIPMENT-Old 232,315.00 (5) - (5) 0 (5) 91,366 39% (91,371) (5) PLANNING/BLDG VEHICLES-Old 18,000.00 (1) - (1) 0 (1) 7,748 43% (7,748) (1) ENG/BLDG MAINT VEHICLES-Old 17,500.00 (1) - (1) 0 (1) 7,863 45% (7,864) (1) STREET/PARKS MAINT VEHICLES-Old 84,000.00 (1) - (1) 0 (1) 31,218 37% (31,219) (1) MARKED PATROL CARS 210,000.00 1,138 - 1,138 (3) (17,868) (16,732) 113,986 54% (130,719) (16,732) 4WD SUPERVISOR VEHICLE 40,000.00 218 - 218 (0) (3,403) (3,186) 6,909 17% (10,095) (3,186) DETECTIVE, ADMIN 175,000.00 949 - 949 (2) (14,891) (13,944) 85,783 49% (99,727) (13,944) Council Agenda 12-5-2023 9.D-10
Attachment 1.A
Packet Page 41

7 Governmental Fund Development Impact Fees (Fund 3102) Impact Fee Description Estimated Cost
Beginning
Balance Fees Collected
Balance before
Interest
Interest
Earned Expenditures Transfers Ending Balance
Cumulative Rev.
+ Int.% Funded Total Expended Balance
Estimated Fiscal
Year for funds
to be deposited
into
appropriate
account
MOTORCYCLES 20,000.00 109 - 109 (0) (1,702) (1,593) 3,447 17% (5,041) (1,593) ATV'S-BEACH PATROL 15,000.00 82 - 82 (0) (1,276) (1,195) 2,677 18% (3,872) (1,195) STATE SAND SUPPLY FEE (3) - (3) 0 (3) 14,152 (14,155) (3) SPHERE INFL STUDY-Old 75,000.00 - - - - - 0%- - PARK DEVELOPMENT FEE (3,607) (3,607) 8 (3,599) 43 - 43 MISC EXPENSES-OVERHEAD (3,896) (3,896) 9 (1,418) (5,306) 47,967 (4,054) 43,913 FY 2030 CITY COUNCIL UPGRADES 47,000.00 2,818 863 3,681 (8) 3,672 3,672 8%- 3,672 FY 2030 CITY TELEPHONE/COMM SYSTEM 5,000.00 298 90 388 (1) 387 387 8%- 387 FY 2030 COMPUTER MAINTENANCE MGMT SYSTE 100,000.00 5,979 1,828 7,807 (17) 7,790 7,790 8%- 7,790 FY 2030 CONST CORP YARD ADMIN BUILD 1,000,000.00 59,942 18,333 78,275 (172) 78,103 78,103 8%- 78,103 FY 2030 CORP YARD STORAGE 250,000.00 14,985 4,583 19,569 (43) 19,526 19,526 8%- 19,526 FY 2030 COR YARD BUILDING DESIGN 151,700.00 9,081 2,777 11,858 (26) 11,831 11,831 8%- 11,831 FY 2030 CORP YARD FUEL TANK 60,000.00 3,574 1,094 4,668 (10) 4,658 4,658 8%- 4,658 FY 2030 COPR YARD MASTER PLAN 11,880.00 713 217 931 (2) 929 929 8%- 929 FY 2030 DATA CENTER AC/BENT IMPROVEMENTS 75,000.00 4,503 1,378 5,881 (13) 5,868 5,868 8%- 5,868 FY 2030 FACILITIES CABLING UPGRADE 100,000.00 5,979 1,828 7,807 (17) 7,790 7,790 8%- 7,790 FY 2030 GIS IMPROVEMENTS 25,000.00 1,518 464 1,981 (4) 1,977 1,977 8%- 1,977 FY 2030 IT ASSESS & STRATEGIC PLAN 80,000.00 4,801 1,468 6,269 (14) 6,255 6,255 8%- 6,255 FY 2030 IT SECURITY ASSESSMENT 35,860.00 2,141 655 2,795 (6) 2,789 2,789 8%- 2,789 FY 2030 LAB TESTING SOFTWARE SYSTEM 25,000.00 1,518 464 1,981 (4) 1,977 1,977 8%- 1,977 FY 2030 RECORDS MANAGEMENT & ONLINE SVCS 42,300.00 2,539 776 3,315 (7) 3,308 3,308 8%- 3,308 FY 2030 OLD CITY HALL BUILDING 250,000.00 14,985 4,583 19,569 (43) 19,525 19,525 8%- 19,525 FY 2024 PUBLIC FACILITIES MASTER PLAN 100,000.00 5,979 1,828 7,807 (17) 7,790 7,790 8%- 7,790 FY 2024 SKID STEER BOB CAT 37,500.00 2,256 689 2,945 (6) 2,938 2,938 8%- 2,938 FY 2030 PUBLIC ART IN LIEU FEE - (239) 14,468 14,228 (31) 14,197 81,196 (66,999) 14,197 FY 2026 COMMUNITY CAMERA PROGRAM 50,000.00 2,986 914 3,900 (9) 3,892 3,892 8%- 3,892 FY 2030 COMP TRAFFIC SAFETY PROGRAM 18,000.00 1,098 335 1,433 (3) 1,430 1,430 8%- 1,430 FY 2030 POLICE BODY CAMERAS 60,000.00 3,575 1,094 4,669 (10) 4,659 4,659 8%- 4,659 FY 2030 POLICE STATION ANNEX 80,000.00 4,802 1,468 6,270 (14) 6,257 6,257 8%- 6,257 FY 2030 PUBLIC SAFETY RADIO IMPROVEMENTS 100,000.00 5,980 1,828 7,809 (17) 7,791 7,791 8%- 7,791 FY 2030 PUBLIC SAFETY CENTER-POLICE 1,391,084.00 82,430 25,498 107,928 (238) 107,690 108,606 8%(916) 107,690 FY 2024 28,423,686.00$ 484,076$ 151,246$ 635,322$ (1,399)$ (268,213)$ -$ 365,710$ 5,979,909$ (5,531,305)$ Note: Transfers may be adjusted for actual balances available.

Council Agenda 12-5-2023 9.D-11
Attachment 1.A
Packet Page 42

8 B.Water Enterprise Fund Development Impact Fees
Water Fund Development Impact Fees (Fund 6104)
FY 2023 Beginning Fund Balance 3,405,171$
Fees Collected 99,082
Interest Earned 7,548
Expenditures/Transfers (474,577)
FY 2023 Ending Fund Balance 3,037,224$
Impact Fee Description Estimated Cost Beginning Balance Fees Collected Balance before
Interest
Interest
Earned Expenditures Transfers Ending Balance
Cumulative
Rev. + Int.% Funded Total Expended Balance
Estimated Fiscal
Year for funds to
be deposited into
appropriate
account
PRICE ST WATERLINE/BOOSTER-Old 789,000$ 292,275$ 292,275$ 630$ 292,904$ 292,904$ 37% (295,202)$ (2,298)$ FY 2024 WATER DEPT VEHICLES-Old 37,140 17,559 17,559 38 17,597 17,597 47% (17,736) (139) FY 2024 DOWNTOWN WATER LINES-Old 660,480 144,117 144,117 310 144,428 144,428 22% (145,561) (1,133) FY 2024 PISMO HEIGHTS RESERVOIR-Old 83,200 40,222 40,222 87 40,309 40,309 48% (40,627) (318) FY 2024 DECOMMISSION HTS 3 RES 29,400 10,669 - 10,669 23 (336)$ 10,355 10,691 36% (10,937) (246) FY 2024 4TH STREET ADDITION 258,300 61,982 - 61,982 134 (2,957)$ 59,159 62,116 24% (64,050) (1,934) FY 2024 SPYGLASS DRIVE PRV 12,600 4,635 - 4,635 10 (144)$ 4,501 4,645 37% (4,752) (107) FY 2024 SHELL BEACH ROAD UPGR 279,900 101,578 - 101,578 219 (3,204)$ 98,593 101,797 36% (104,163) (2,366) FY 2024 BELLO/CHARLES RES STUDY 6,000 2,207 - 2,207 5 (68)$ 2,144 2,212 37% (2,263) (51) FY 2024 BELLO RESV DECOMMISSION 19,500 7,173 - 7,173 15 (223)$ 6,965 7,188 37% (7,354) (165) FY 2024 OAKPARK WATER DEVEL-Old 250,000 104,441 104,441 225 104,666 104,666 42% (105,487) (821) FY 2024 OCEAN VIEW/101 UPGRADE 106,500 41,921 841 42,762 92 (1,220)$ 41,635 42,854 40% (40,169) 2,685 FY 2024 WADSWORTH/BELLO UPGR 78,000 28,296 - 28,296 61 (893)$ 27,464 28,357 36% (29,017) (659) FY 2024 SHELL BEACH 1 RES 368,400 31,998 5,806 37,804 81 (412)$ 37,473 37,885 10% (13,398) 24,488 FY 2024 PRIORITY 3 PROJECTS 148,200 54,520 - 54,520 117 (1,696)$ 52,941 54,637 37% (55,896) (1,259) FY 2024

2.5MG SHELL BEACH 1 RS 759,450 275,609 - 275,609 594 (8,695)$ 267,508 276,202 36% (282,624) (6,422) FY 2024 BAY/DOLLIVER UPGRADE 2,100 772 - 772 2 (24)$ 750 774 37%(792) (18) FY 2024 DECOMM CHARLES RESV 370,600 30,606 5,933 36,539 79 (351)$ 36,267 36,618 10% (11,542) 25,076 FY 2024 DECOMMISSION BAY BOOST 13,200 4,789 - 4,789 10 (151)$ 4,648 4,799 36% (4,911) (111) FY 2024 MATTIE RD 12" MAIN 180,600 65,518 - 65,518 141 (2,067)$ 63,592 65,659 36% (67,185) (1,527) FY 2024 WELL PIPING UPGRADES 291,000 107,055 - 107,055 231 (3,332)$ 103,954 107,286 37% (109,758) (2,472) FY 2024 RECYCLED WATER 11,572,000 1,824,262 39,594 1,863,856 4,015 (448,803)$ 1,419,067 1,867,871 16% (1,854,091) 13,779 FY 2024 Council Agenda 12-5-2023 9.D-12
Attachment 1.A
Packet Page 43

9 Water Fund Development Impact Fees (Fund 6104)
Impact Fee Description Estimated Cost Beginning Balance Fees Collected Balance before
Interest
Interest
Earned Expenditures Transfers Ending Balance
Cumulative
Rev. + Int.% Funded Total Expended Balance
Estimated Fiscal
Year for funds to
be deposited into
appropriate
account

BACKUP GENERATOR REPLACEMENT - - - - - - - - - BOOSTER STATION VFD'S 6,600 375 114 490 1 491 491 7%- 491 FY 2024

HUBER WELL REPLACEMENT - - - - - - - - - WELL 23 REPAIRS - - - - - - - - - CORP YARD BUILDING ADDITION 112,100 6,369 1,953 8,322 18 8,340 8,340 7%- 8,340 FY 2030 CORP YARD FUEL TANK 7,300 404 123 527 1 528 528 7%- 528 FY 2030 PISMO HEIGHTS GENERATOR ENCL.10,200 572 175 747 2 748 748 7%- 748 FY 2030 PAC EST 1 RESERVOIR REPLACEMENT 340,000 19,349 5,933 25,282 54 25,336 25,336 7%- 25,336 FY 2030 FIVE CITIES DRIVE WATERLINE 18,200 1,048 321 1,370 3 1,372 1,372 8%- 1,372 FY 2030 4TH STREET WATERLINE 166,600 9,459 2,901 12,360 27 12,387 12,387 7%- 12,387 FY 2030 NEW PRODUCTION WELL 605,000 34,411 10,552 44,963 97 45,060 45,060 7%- 45,060 FY 2030 CYPRESS WATERLINE UPGRADE 48,400 2,741 841 3,583 8 3,590 3,590 7%- 3,590 FY 2030

REMOTE READ SYSTEM & METER CHANG - - - - - - - - - MASTER PLAN UPDATE 9,100 520 161 681 1 683 683 8%- 683 FY 2030 PAC EST 2 RESERVOIR MAINTENANCE - - - - - - - - -

PISMO OAKS RESERVOIR MAINTENANCE - - - - - - - - -

RESERVOIR MAINTENANCE - - - - - - - - -

WATERLINE REPLACEMENT - - - - - - - - - URBAN WATER MASTER PLAN 19,400 1,097 337 1,434 3 1,437 1,437 7%- 1,437 FY 2030

PROPOSED ASSET REPLACEMENT - - - - - - - - - CORPORATION YARD MASTER PLAN 11,900 692 211 903 2 905 905 8%- 905 FY 2030 INT FROM DEBT SERVICE TO 2040 1,334,300 75,929 23,285 99,214 214 99,428 99,428 7%- 99,428 FY 2030 Totals 19,004,670$ 3,405,171$ 99,082$ 3,504,253$ 7,548$ (474,577)$ -$ 3,037,224$ 3,511,801$ (3,267,515)$ 244,287$ Note: Transfers may be adjusted for actual balances available.

Council Agenda 12-5-2023 9.D-13
Attachment 1.A
Packet Page 44

10 C. Wastewater Enterprise Fund Development Impact Fee

Wastewater Fund Development Impact Fees (Fund 6203)
FY 2023 Beginning Fund Balance 2,844,401.90$
Fees Collected 141,569.67$
Interest Earned (7,744.45)$
Expenditures/Transfers (220,184.75)$
FY 2023 Ending Fund Balance 2,758,042.37$
Impact Fee Description Estimated Cost
Beginning
Balance Fees Collected
Balance before
Interest
Interest
Earned Expenditures Transfers
Ending
Balance
Cumulative
Rev. + Int.% Funded Total Expended Balance
Estimated Fiscal
Year for funds to
be deposited
into appropriate
account
WASTEWATER HYDRUALICS-Old 50,000$ 40,008$ 40,008$ (104)$ 39,904$ (103)$ 0%(0)$ (103)$ FY 2024 ADDIE ST FORCE MAIN 312,900 204,203 - 204,203 (530) (16,124) 187,549 (529) 0% (14,791) (15,320)$ FY 2024 VISTA DEL MAR MAIN/LIFT-Old 311,000 107,443 591 108,033 (280) (855) 106,898 311 0%2,077 2,388$ FY 2024 SPYGLASS MAIN LIFT-Old 92,000 30,378 30,378 (79) 30,299 (78) 0%- (78)$ FY 2024 FIVE CITIES LIFT STATION-Old 783,076 170,714 15,932 186,647 (484) (1,597) 184,565 15,448 2% 33,397 48,845$ FY 2024 PISMO OAKS LIFT STATION 290,677 201,991 723 202,715 (526) (13,140) 189,049 198 0%6,373 6,571$ FY 2024 ST ANDREWS LIFT STATION-Old 76,000 9,444 9,444 (24) 9,420 (24) 0%- (24)$ FY 2024 WWTP UPGRADE/EXPANSION 3,146,784 1,139,056 20,388 1,159,445 (3,008) (132,947) 1,023,490 17,381 1% (16,673) 708$ FY 2030 SHELL BEACH FORCE MAIN 620,325 247,981 - 247,981 (643) (31,965) 215,373 (643) 0% (53,223) (53,866)$ FY 2030 PISMO HTS I/I ELIMIN 53,500 23,314 - 23,314 (60) (2,757) 20,497 (60) 0% (3,186) (3,246)$ FY 2030 SEWER CAP EXPANSION FEE - - 1,380 1,380 (4) 1,376 1,376 #DIV/0!- 1,376$ FY 2030 PARK/CYPRESS INTER REP 49,284 13,745 251 13,996 (36) (1,907) 12,053 215 0% (7,779) (7,564)$ FY 2030 FREEWAY FOOTHILL LIFT ST 24,000 9,875 - 9,875 (26) (1,237) 8,613 (25) 0% (1,217) (1,242)$ FY 2030 PG&E LIFT STATION GEN 12,000 5,928 - 5,928 (15) (618) 5,294 (15) 0%(681) (696)$ FY 2030 SUNSET PALISADES L.S.9,600 3,958 - 3,958 (10) (495) 3,453 (10) 0%(453) (463)$ FY 2030 VISTA DEL MAR GRAVITY SY 22,600 5,584 461 6,045 (16) (587) 5,442 446 2%977 1,423$ FY 2030 PISMO OAKS GRAVITY SYS 300,000 110,427 - 110,427 (286) (15,459) 94,682 (286) 0% (8,377) (8,663)$ FY 2030 MISC EXPENSES-OVERHEAD - 45,750 45,253 (117) (497) 89,773 (614) (6,268) (6,883)$ FY 2030 NEW CHLORINE SYSTEM 2,900 169 54 223 (1) 222 53 2%169 222$ FY 2030 SLUDGE DEWATERING 434,800 27,835 8,855 36,691 (95) 36,595 8,760 2% 27,835 36,596$ FY 2030 ENERGY EFFICIENT PROJECT 350,000 22,407 7,128 29,534 (77) 29,458 7,051 2% 22,407 29,458$ FY 2030 ST. ANDREWS LIFT STATION 9,400 618 198 816 (2) 813 196 2%618 814$ FY 2030 CORPORATION YARD FUEL TANK 7,000 430 137 567 (1) 566 136 2%430 566$ FY 2030 CORPORATION YARD ADDITION 100,000 6,393 2,033 8,426 (22) 8,404 2,011 2%6,393 8,404$ FY 2030 Council Agenda 12-5-2023 9.D-14
Attachment 1.A
Packet Page 45

11 Wastewater Fund Development Impact Fees (Fund 6203)
Impact Fee Description Estimated Cost
Beginning
Balance Fees Collected
Balance before
Interest
Interest
Earned Expenditures Transfers
Ending
Balance
Cumulative
Rev. + Int.% Funded Total Expended Balance
Estimated Fiscal
Year for funds to
be deposited
into appropriate
account
OXIDATION DITCH MAINTENANCE - - - - - - - - -$ SEWER SYSTEM MANAGEMENT PLAN 26,700 1,713 545 2,258 (6) 2,252 539 2%1,713 2,252$ FY 2030 INFILTRATION/INFLOW 23,200 1,477 470 1,947 (5) 1,942 465 2%1,477 1,942$ FY 2030 SYSTEM IMPROVEMENTS-GRIT REMOVAL 26,700 764 243 1,006 (3) 1,004 240 1%764 1,004$ FY 2030 TRESTLE REHABILITATION - - - - - - - - -$ BYPASS PUMP 17,400 1,098 349 1,447 (4) 1,443 345 2%1,098 1,443$ FY 2030 EQUIPMENT REPLACEMENT - - - - - - - - -$ FERROUS TANK REPLACEMENT - - - - - - - - -$ CLARIFIER REPLACEMENT - - - - - - - - -$ PUMP REPLACEMENT - - - - - - - - -$ CORPORATION YARD MASTER PLAN 1,400 100 33 132 (0) 132 32 2%100 132$ FY 2030 INT FROM SLUDE DEWATERING DS 62,551 3,999 1,271 5,270 (14) 5,257 1,258 2%3,999 5,257$ FY 2030 RECYCLED WATER - WASTEWATER 23,700,000 407,600 80,528 488,128 (1,266) 486,861 79,261 0% 407,600 486,861$ FY 2030 Totals 30,915,797$ 2,844,402$ 141,570$ 2,985,475$ (7,744)$ (220,185)$ -$ 2,802,680$ 133,336$ 404,779$ 538,114$ Note: Transfers may be adjusted for actual balances available.

Council Agenda 12-5-2023 9.D-15
Attachment 1.A
Packet Page 46

12 D. Circulation Fee Fund Development Impact Fees

Circulation Fee Fund Development Impact Fees (Fund 3101) FY 2023 Beginning Fund Balance 186,006$
Fees Collected 65,852
Interest Earned 8,029
Expenditures/Transfers (165,143)
FY 2023 Ending Fund Balance 94,744$
Impact Fee Description Estimated Cost Beginning Balance Fees Collected Balance before
Interest
Interest
Earned Expenditures Transfers
Ending
Balance
Cumulative
Rev. + Int.% Funded
Total
Expended Balance
Estimated Fiscal
Year for funds to
be deposited into
appropriate
account
Bello Bridge Replacement 650,000$ 33,119$ 7,270$ 40,389$ 1,288$ 41,676$ 8,558$ 1% 15,304$ 23,862$ FY 2030 Bike Racks 2,846 153 35 187 6 193 41 1%74 115 FY 2030 Cypress Bridge dome lighting 65,000 3,298 723 4,020 128 4,149 851 1% 1,516 2,367 FY 2030 Cypress/Pomeroy Intersection Pedestrian Scramble 21,060 1,125 237 1,362 43 1,405 280 1% 497 777 FY 2030 Downtown Sidewalk Pavers 130,000 6,644 1,460 8,103 258 8,361 1,718 1% 3,080 4,798 FY 2030 Parking Garage 1,950,000 28,138 21,797 49,935 1,592 (121,040) (69,513) (47,778) -2% (146,343) (194,121) FY 2030 Price Street Beautification & Improvements 533,000 27,153 5,961 33,113 1,056 34,169 7,016 1% 12,545 19,562 FY 2030 Price Street Dolliver Shell Beach Multi-Use Trail 260,000 13,237 2,905 16,142 515 16,657 3,420 1% 6,112 9,532 FY 2030 Price and Dolliver Roundabout 520,000 26,475 5,811 32,286 1,029 33,315 6,840 1% 12,224 19,064 FY 2030 Realign Frady Lane 195,000 9,941 2,182 12,123 386 12,509 2,569 1% 4,596 7,165 FY 2030 Shell Beach Road Sidewalk 68,250 (197) 760 563 18 (3,668) (3,087) (2,889) -4% (5,736) (8,625) FY 2030 Shell Beach Road Streetscape 1,430,380 32,408 15,988 48,396 1,543 (40,435) 9,504 (22,904) -2% (47,227) (70,131) FY 2030 Sidewalk Underpass 65,000 4,515 723 5,238 167 5,405 2,156 3% 2,733 4,889 FY 2030 Totals 5,890,536$ 186,006$ 65,852$ 251,858$ 8,029$ -$ (165,143)$ 94,744$ (40,123)$ (140,623)$ (180,746)$ Note: Transfers may be adjusted for actual balances available.

Council Agenda 12-5-2023 9.D-16
Attachment 1.A
Packet Page 47

13 E. Other Impact Fee Funds

Other Impact Fee Funds
FY 2023 Beginning Fund Balance 6,524,694$
Fees Collected 2,275,439$
Interest Earned 30,983$
Expenditures/Transfers (2,282,684)$
FY 2023 Ending Fund Balance 6,548,432$
Impact Fee Description
Beginning
Balance Fees Collected Interest Earned Expenditures Transfers Ending Balance Estimated Fiscal
Year for funds to
be deposited into
appropriate
account
Housing In Lieu Fee Fund 4,258,274$ - 38,293$ (142,708)$ 4,153,858$ FY 2023 Park Development Fund 289,688 122,462 (1,610) (100,926) 309,615 FY 2023 State Water Impact Fee 157,785 (157,785) - FY 2023 Water Tax Fund 966,510 1,961,592 2,045 (1,881,265) 1,048,881 FY 2023 Wastewater Expansion Fund 1,010,222 33,600 (7,744) - 1,036,078 FY 2023 Totals 6,524,694$ 2,275,439$ 30,983$ (2,282,684)$ -$ 6,548,432$ Council Agenda 12-5-2023 9.D-17
Attachment 1.A
Packet Page 48

14 IV. List of all Impact Fees
January 1, 2023 through July 31, 2023 Development Impact Fees

Council Agenda 12-5-2023 9.D-18
Attachment 1.A
Packet Page 49

15 Council Agenda 12-5-2023 9.D-19
Attachment 1.A
Packet Page 50

16 July 1, 2022 through December 31, 2022 Development Impact Fees

Council Agenda 12-5-2023 9.D-20
Attachment 1.A
Packet Page 51

17 Council Agenda 12-5-2023 9.D-21
Attachment 1.A
Packet Page 52

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

RATIFICATION OF THE PURCHASE OF TWO NEW POOL VEHICLES IN FISCAL YEAR 2024
RECOMMENDATION:

Adopt a Resolution ratifying the purchase of two Toyota RAV4 Hybrid LE vehicles at a combined price of $73,505.43 inclusive of tax, title, and licensing fees, in Fiscal Year 2024.

BACKGROUND:

Staff has been trying to purchase two new pool vehicles, each with an approximate value of $37,000, for more than six months. These vehicles will be used for:

1. City Manager’s office, Management Services, and Administrative Services shared pool vehicle;

2. IT pool vehicle.

Typically, when the City purchases multiple vehicles, the vehicles are procured through a competitive bid process, due to the combined value of the purchase and the requirements of the City’s Purchasing Policy. On September 14, 2023 bids were issued for both Toyota RAV4 Hybrid and Honda CR-V Hybrid vehicles. Due to supply chain issues, the auto workers strike and other factors, new vehicles are in short supply and no dealers or manufacturers responded to the issued bids for the vehicles. Under the City’s Purchasing Policy, formal bidding may be dispensed with when there are extenuating circumstances that would make formal bidding not the most cost-effective approach. The City’s Purchasing Policy and Procedures require obtaining three quotes for purchases over $15,000. Staff found on multiple occasions that by the time a third quote was received, the first and sometimes second-lowest priced vehicles were already sold.

Rather than rebidding or seeking additional quotes, and based on the Purchasing Policy, staff moved to purchase the vehicles one at a time directly from local dealers.

In response to these challenges and under the City Manager’s purchasing authority, staff was able to successfully purchase two Toyota RAV4 Hybrid LE vehicles, one for $36,722.00 on October 12, 2023 and another for $36,783.43 on November 1, 2023 from Toyota of Lompoc to meet the operational demands of the departments (cost exhibits provided as Attachments 1.A and 1.B). These purchases represented the best value to the City. As the City’s Purchasing Policy and Procedures require Council approval for purchases over $50,000 from the same vendor, staff recommends Council ratify the purchase of the two subject vehicles.

Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) ratifying the purchase of two Toyota RAV4 Hybrid LE vehicles at a combined price of $73,505.43 inclusive of tax, title, and licensing fees, in FY 2024.

9.E-1Council Agenda 12-5-2023
Packet Page 53

FISCAL IMPACT:

The fiscal impact of purchasing the two pool vehicles is $75,505.43 broken down as follows:

FY 2024 Motor Vehicle Replacement Fund Budget $83,000.00 2023 Toyota RAV4 Hybrid LE $33,344.00
License Fees $486.75
Doc Fee $85.00
Shipping & Handling $200.00
Tax $2,606.25
Total Price $36,722.00
2024 Toyota RAV4 Hybrid LE $33,814.00
License Fees $41.75
Doc Fee $85.00
Shipping & Handling $200.00
Tax $2,642.68
Total Price $36,783.43
Remaining Fund Balance $9,494.57
ALTERNATIVES:

1. Do not authorize staff to purchase two new pool vehicles and provide staff with direction on how to proceed.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: 2023 Toyota RAV4 invoice

1.B Exhibit B to Resolution: 2024 Toyota RAV4 invoice
Submitted by: Meeting Date: December 5, 2023
Benjamin A. Fine, P.E.

Director of Public Works/City Engineer
City Manager Approval:

9.E-2Council Agenda 12-5-2023
Packet Page 54

RESOLUTION NO. R-2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA RATIFYING THE PURCHASE OF TWO TOYOTA RAV4 HYBRID LE VEHICLES AT A COMBINED PRICE OF $73,505.43 INCLUSIVE OF TAX, TITLE, AND LICENSING FEES IN FISCAL YEAR 2024
WHEREAS, staff has been trying to purchase two new pool vehicles to be used for IT and the City Manager’s office, Management Services and Administrative Services; and WHEREAS, due to supply chain issues, the auto workers strike and other factors, new vehicles are in short supply and no dealers or manufacturers responded to the issued competitive bid for the vehicles; and
WHEREAS, based on the City’s purchasing policy, staff moved to purchase the vehicles one at a time directly from local dealers; and
WHEREAS, the City’s purchasing policy requires that for purchases over $15,000 three quotes are obtained; and
WHEREAS, staff was able to separately purchase two Toyota RAV4 Hybrid LE vehicles for $36,722.00 and $36,783.43 respectively from Toyota of Lompoc, each under the City Manager’s purchasing authority.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby ratifies the separate purchases of two Toyota RAV4 Hybrid LE vehicles at a combined price of $73,505.43 inclusive of tax, title and licensing fees, in Fiscal Year 2024 (cost exhibits provided as Exhibit A and Exhibit B).

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 5th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1

9.E-3Council Agenda 12-5-2023
Packet Page 55

Attachment 1.A

9.E-4Council Agenda 12-5-2023
Packet Page 56

Attachment 1.A

9.E-5Council Agenda 12-5-2023
Packet Page 57

Attachment 1.B

9.E-6Council Agenda 12-5-2023
Packet Page 58

Attachment 1.B

9.E-7Council Agenda 12-5-2023
Packet Page 59

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

AMENDMENT #9 TO THE AGREEMENT WITH RINCON CONSULTANTS, INC. FOR

PROFESSIONAL SERVICES RELATED TO CENTRAL COAST BLUE

ENVIRONMENTAL DOCUMENTS
RECOMMENDATION:

BACKGROUND:

In June 2017, the City Council awarded a contract to Rincon Consultants, Inc. (Rincon) for preparation of environmental documents related to Central Coast Blue, which at the time was known as the Regional Groundwater Sustainability Program or RGSP. To date, eight amendments have been prepared and executed. Five of these were executed under the City Manager’s authority and three were approved by City Council. A list of the executed amendments to date is below.
Amendment #1 – additional work related to archaeological resources services for an Extended Phase 1 study. Executed under the City Manager’s authority on February 11, 2020.
Amendment #2 – cost modification due to additional work required by the selection of the project site for the advanced water treatment facility. Executed under the City Manager’s authority on February 24, 2020. Amendment #3 – out of scope services that resulted from initial project delays and changes to the project description that occurred between 2017 and 2019 such as the location of the advanced treatment facility and revisions to the Environmental Impact Report (EIR). Approved by City Council on December 21, 2021.
Amendment #4 – additional costs associated with preparing updated technical studies and the Addendum to the 2021 Final EIR. Approved by City Council on December 6, 2022.
Amendment #5 – out of scope costs incurred during the preparation of the updated technical studies and Addendum to the Final EIR. Executed under the City Manager’s authority on February 14, 2023.
Amendment #6 – completion of environmental monitoring services in support of the geotechnical exploration for the Central Coast Blue project. Executed under the City Manager’s authority on March 21, 2023.
Amendment #7 – At staff’s request, attendance at a public meeting during the public review period for the Draft Addendum to the Final EIR. Executed under the City Manager’s authority on April 26, 2023.

Council Agenda 12-5-2023 9.F-1
Packet Page 60

Amendment #8 – additional tasks including a preliminary hydrogeologic analysis in support of the EIR Addendum and the provision of accessibility compliance for NEPA documentation. Approved by the City Council on July 18, 2023.

The proposed contract Amendment #9 (Attachment 1.A) will cover three out-of-scope tasks – additional monarch butterfly surveys as required by the United States Bureau of Reclamation as part of the NEPA compliance process, completion of the Water Infrastructure for the Nation Act (WIFIA) Programmatic Environmental Assessment (PEA) Questionnaire for the project; and additional coastal development permitting support.

Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute Amendment #9 (Attachment 1.A) to the existing Rincon contract to allow Rincon to move forward with the environmental permitting process for Central Coast Blue.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution is $2,966.92 in the City of Pismo Beach’s Water Enterprise Fund and $6,023.75 in the City’s Wastewater Enterprise Fund for a total of $8,990.67 across both funds.

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 Amendment #1 as follows:
Pismo Beach $8,990.67
Grover Beach $8,299.08
Arroyo Grande $5,763.25
Of Pismo Beach’s portion, 33%, or $2,966.92 is allocated to the Water Enterprise Fund and 67%, or $6,023.75 , is allocated to the Wastewater Enterprise Fund.

ALTERNATIVES:

1. Do not approve Amendment #9; provide staff with direction on how to proceed.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Proposed Rincon Amendment #9 Council Agenda 12-5-2023 9.F-2
Packet Page 61

Prepared by: Meeting Date: December 5, 2023
Erin Olsen, Senior Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

Council Agenda 12-5-2023 9.F-3
Packet Page 62

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 #9

TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH RINCON CONSULTANTS, INC. FOR PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR CENTRAL COAST BLUE IN THE AMOUNT OF $23,053
WHEREAS, in June 2017, the City Council awarded a contract to Rincon Consultants, Inc. (Rincon) for preparation of environmental documents related to Central Coast Blue; and
WHEREAS, to date, eight amendments have been prepared and executed; and WHEREAS, proposed contract Amendment #9 will cover three out of scope tasks:
additional monarch butterfly surveys as required by the United States Bureau of Reclamation as part of the National Environmental Policy Act (NEPA) compliance process, completion of the Water Infrastructure for the Nation Act (WIFIA) Programmatic Environmental Assessment (PEA) Questionnaire for the project; and additional coastal development permitting support.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #9 (Exhibit A) to the existing Professional Services Agreement with Rincon Consultants, Inc. for Preparation of Environmental Documents for Central Coast Blue in the amount of $23,053.

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 5th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 12-5-2023 9.F-4
Attachment 1
Packet Page 63

AMENDMENT # 9
to the
JUNE 20, 2017 AGREEMENT BETWEEN THE CITY OF PISMO BEACH AND RINCON CONSULTANTS, INC.

Pursuant to the June 20, 2017 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and Rincon Consultants, 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 November 20, 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- three thousand fifty-three dollars ($23,053), without prior written approval of the City.

3.The revised fee under the June 20, 2017 contract, plus addenda 1-9, is four hundred eighty-three thousand five hundred eighty one dollars and ninety cents ($483,581.90).

4.All other provisions of the Preparation of Environmental Documents 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: ________________________________
APPROVED AS TO FORM:

Signed:

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

Rincon Consultants, 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
Council Agenda 12-5-2023 9.F-5
Attachment 1.A
Packet Page 64

Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
805 547 0900
[email protected]
www.rinconconsultants.com
Environmental Scientists Planners Engineers
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Council Agenda 12-5-2023 9.F-6
Attachment 1.A
Packet Page 65

City of Pismo Beach
Central Coast Blue Project

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Council Agenda 12-5-2023 9.F-7
Attachment 1.A
Packet Page 66

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

JOINDER AMENDMENT TO THE SECOND AMENDED AND RESTATED JOINT

POWERS AGREEMENT OF THE INTEGRATED WASTE MANAGEMENT AUTHORITY RECOMMENDATION:

Adopt a Resolution approving the 2023 County Joinder Amendment to the Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority.

BACKGROUND:

In May 1994, an agreement was executed by the Cities of Pismo Beach, Arroyo Grande, Atascadero, Paso Robles, Grover Beach, Morro Bay and San Luis Obispo (Cities) and the County of San Luis Obispo (County) forming a joint powers authority (Original JPA Agreement), through which the member agencies created and established a public entity identified as the San Luis Obispo County Integrated Waste Management Authority (IWMA). In 2001, the Cities, County and certain special districts within the County executed a Memorandum of Agreement (MOA) amending the Original JPA Agreement to allow the special districts representation on the IWMA Board.

In November 2021, the County withdrew from the IWMA resulting in the Cities and special districts adopting the Second Amended and Restated Joint Powers Agreement of the IWMA (Second Amended JPA Agreement) in order to reestablish and continue the IWMA without the County.

On October 31, 2023, the County Board of Supervisors voted to rejoin the IWMA through a Joinder Amendment (Attachment 1.A). The Joinder Amendment allows the County to rejoin the IWMA pursuant to the terms set forth in the Second Amended JPA Agreement.

Each member jurisdiction is required to approve the Joinder Amendment before the County will officially be reinstated as a member of the IWMA.

Conclusion and Recommendation
Staff recommends the City Council adopt a Resolution (Attachment 1) approving the 2023 County Joinder Amendment to the Second Amended and Restated Joint Powers Agreement of the IWMA.

FISCAL IMPACT:

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

ALTERNATIVES:

1. Do not approve the Joinder Amendment; provide staff with direction.

9.G-1Council Agenda 12-5-2023
Packet Page 67

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: 2023 County Joinder Amendment Prepared by: Meeting Date: December 5, 2023
Erin Olsen, Senior Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

9.G-2Council Agenda 12-5-2023
Packet Page 68

RESOLUTION NO. R-2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA APPROVING THE 2023 COUNTY JOINDER AMENDMENT TO THE

SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT OF THE

INTEGRATED WASTE MANAGEMENT AUTHORITY
WHEREAS, in May 1994, an agreement was executed by the Cities of Pismo Beach, Arroyo Grande, Atascadero, Paso Robles, Grover Beach, Morro Bay and San Luis Obispo (Cities) and the County of San Luis Obispo (County) forming a joint powers authority, through which the member agencies created and established a public entity identified as the San Luis Obispo County Integrated Waste Management Authority (IWMA); and
WHEREAS, in 2001, the Cities, County and certain special districts within the County executed a Memorandum of Agreement (MOA) amending the Original JPA Agreement to allow the special districts representation on the IWMA Board; and WHEREAS, in November 2021, the County withdrew from the IWMA resulting in the Cities and special districts adopting the Second Amended and Restated Joint Powers Agreement of the IWMA; and
WHEREAS, on October 31, 2023 the County Board of Supervisors voted to rejoin the IWMA through a Joinder Amendment pursuant to the terms set forth in the Second Amended JPA Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves, and authorizes the Mayor to execute, the 2023 County Joinder Amendment to Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority (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 5th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

9.G-3Council Agenda 12-5-2023
Attachment 1
Packet Page 69

1 2023 COUNTY JOINDER AMENDMENT

TO SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT

OF THE INTEGRATED WASTE MANAGEMENT AUTHORITY
This County Joinder Amendment (“County Joinder”), dated _______________, 2023, to the SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT (“2022 JPA Agreement”) is by and between the incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo California, (collectively, the “Cities”) and the County of San Luis Obispo, by its joinder herein.

A.On or about May 10, 1994, an agreement was executed by and between the Cities and the County of San Luis Obispo forming a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (the “Original JPA Agreement”), through which such member agencies created and established a public entity identified as the San Luis Obispo County Integrated Waste Management Authority (“IWMA”).

B.On or around 2001, the Cities, County, and certain special districts within the County (“Authorized Districts”) executed a Memorandum of Agreement (“MOA”) amending the Original JPA Agreement to include the Authorized Districts for representation on the IWMA Board.

C.On or about November 15, 2021, the County withdrew from the IWMA, after which the remaining Cities and Authorized Districts elected to reestablish and continue the IWMA, on the terms set forth in the Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority, which was adopted by the participating agencies in 2022 (“2022 JPA Agreement”).

D.On or about October 31, 2023, the County officially elected to rejoin the IWMA, including on the terms set forth the 2022 JPA Agreement, as amended hereby.

Based on the foregoing, the Cities, Authorized Districts, including the County through its joinder, hereby agree to the following amendments to the 2022 JPA Agreement reflecting the County’s joinder.

1.Title Amendment and List of Participating Agencies Attachment. The Title of the 2022 JPA shall be amended to read “Second Amended and Restated Joint Powers Agreement to Establish an Integrated Waste Management Authority.” The List of Participating Agencies attached to the 2022 JPA Agreement is replaced with the list attached to this Joinder Amendment.

2.Definitions. Section 1, entitled, “Definitions” shall be amended to include the following new definitions or amended definitions.

A.County shall be added as a definition. “County” means any unincorporated areas of the County of San Luis Obispo.

B.The following referenced definitions replace those of the same number in the 2022 JPA Agreement in their entirety.

9.G-4Council Agenda 12-5-2023
Attachment 1.A
Packet Page 70

[Participating Agency Signature Pages Follow]
2 “1.17 “Members” means the Cities and the County who are members of this regional agency, formed pursuant to Public Resources Code section 40970 et seq, and the one (1) Authorized District Representative pursuant to Public Resources Code section 40977.” “1.18 “Participating Agency” or “Participating Agencies” means and shall include the Cities, the County and the Authorized Districts who are signatories to this Agreement, including by way of joinder, delegating powers to the Authority pursuant to this Agreement, and participating in the governance of the IWMA.”

C. Notwithstanding the foregoing, the definition of “MRF”, was inadvertently included within the definition of “Members”, in the 2022 JPA Agreement, and such definition shall remain the definition of “MRF” and is not deleted.

3. Section 8, entitled “Boundaries” is amended and restated in its entirety to read:
“Section 8. Boundaries. The boundaries of the Authority shall be the boundaries of the collective Participating Agencies. If a Participating Agency withdraws from the Authority, the boundaries shall be modified to exclude the area of the withdrawing agency. If a qualified agency joins the Authority, the boundaries shall be modified to include the area of the joining Participating Agency. Section 8 shall not prevent the Authority’s use and/or operation of facilities outside of its boundaries within the County of San Luis Obispo.”

4. Section 9, entitled “Organization” shall be amended to include a new paragraph 9.2(g) to read as follows:
“(g) County. The County shall be entitled to appoint one representative to the Authority which representative shall consist of one (1) member from Board of Supervisors. The County may elect to have an alternate member from the Board of Supervisors in addition to any official member but said appointed alternate shall be able to vote only in the absence of the official representative.”

5. County Joinder. The County hereby joins the IWMA pursuant to the terms and conditions in the 2022 JPA Agreement as amended hereby, and the undersigned hereby consent.

6. Omnibus Change. Wherever references to “Cities” is used or “Cities and Authorized Districts”, are used in the 2022 JPA Agreement, including in its recitals, such references shall expressly be read to include the County unless context expressly dictates otherwise.

7. Ratification. The 2022 JPA Agreement is hereby ratified and confirmed and shall continue in full force and effect in accordance with its terms and provisions, as amended hereby.

8. Effective Date. This Joinder Amendment shall take effect when adopted by each of the Cities, the County, with the Authorized Districts consenting to the joinder of the County, as evidenced by their execution pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Joinder Amendment may be executed in counterparts which together shall constitute a single agreement.

Electronically executed signatures may be accepted in lieu of originals if a Member agency has authorized electronic signatures through policy or otherwise.

9.G-5Council Agenda 12-5-2023
Attachment 1.A
Packet Page 71

[Signature Page – City of Arroyo Grande]
[Joinder Amendment to Second Amended and Restated JPA]

CITY OF ARROYO GRANDE:

By: ______________________ Date ______________________ Mayor

By: ______________________ Resolution No. ______________ Clerk

APPROVED AS TO FORM AND LEGAL EFFECT:

By: ______________________
City Attorney

9.G-6Council Agenda 12-5-2023
Attachment 1.A
Packet Page 72

[Signature Page – City of Atascadero]
[Joinder Amendment to Second Amended and Restated JPA]

CITY OF ATASCADERO:

By: ______________________ Date ______________________ Mayor

By: ______________________
Clerk

APPROVED AS TO FORM AND LEGAL EFFECT:

By: ______________________
City Attorney

9.G-7Council Agenda 12-5-2023
Attachment 1.A
Packet Page 73

[Signature Page – City of El Paso De Robles]
[Joinder Amendment to Second Amended and Restated JPA]

CITY OF EL PASO DE ROBLES:

By: ______________________ Date ______________________ Mayor

By: ______________________ Resolution No. ______________ Clerk

APPROVED AS TO FORM AND LEGAL EFFECT:

By: ______________________
City Attorney

9.G-8Council Agenda 12-5-2023
Attachment 1.A
Packet Page 74

[Signature Page – City of Grover Beach]
[Joinder Amendment to Second Amended and Restated JPA]

CITY OF GROVER BEACH
By: ______________________Date ______________________
Mayor
By: ______________________Resolution No. ______________ Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:

By: ______________________
City Attorney

9.G-9Council Agenda 12-5-2023
Attachment 1.A
Packet Page 75

[Signature Page – City of Morro Bay]
[Joinder Amendment to Second Amended and Restated JPA]

CITY OF MORRO BAY

By: ______________________ Date ______________________ Mayor

By: ______________________ Resolution No. ______________ Clerk

APPROVED AS TO FORM AND LEGAL EFFECT:

By: ______________________
City Attorney

9.G-10Council Agenda 12-5-2023
Attachment 1.A
Packet Page 76

[Signature Page – City of Pismo Beach]
[Joinder Amendment to Second Amended and Restated JPA]

CITY OF PISMO BEACH

By: ______________________ Date ______________________ Mayor

By: ______________________ Resolution No. ______________ Clerk

APPROVED AS TO FORM AND LEGAL EFFECT:

By: ______________________
City Attorney

9.G-11Council Agenda 12-5-2023
Attachment 1.A
Packet Page 77

[Signature Page – City of San Luis Obispo]
[Joinder Amendment to Second Amended and Restated JPA]

CITY OF SAN LUIS OBISPO

WHEREAS, all Authorized Districts are encouraged to execute the Joinder Amendment to Second Amended and Restated JPA prior to ______________________, or otherwise pursue means by which to achieve their waste diversion goals and to comply with the Integrated Waste Management Act, Assembly Bill 341, Assembly Bill 1826, Senate Bill 1383, and all current and future state- mandated laws, rules and regulations; and

WHEREAS, the City Council of the City of San Luis Obispo desires to acknowledge, accept, and agree to be bound by the terms and conditions of the Joinder Amendment to Second Amended and Restated JPA.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City of San Luis Obispo acknowledges, accepts, and agrees to be bound by the terms and conditions as set forth in Exhibit A. Upon motion of Vice Mayor Marx, seconded by Council Member _______________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of ________________.

By: ___________________________
Mayor

ATTEST: APPROVED AS TO FORM:

By: __________________________ By___________________________ City Clerk City Attorney

IN WITNESS WHEREOF, I have hereunto set my and affixed the official seal of the City of San Luis Obispo, California, on ____________________.

By: ________________________
City Clerk

9.G-12Council Agenda 12-5-2023
Attachment 1.A
Packet Page 78

[Signature Page – County of San Luis Obispo]
[Joinder Amendment to Second Amended and Restated JPA]

COUNTY OF SAN LUIS OBISPO

By: ______________________ Date ______________________ Chairperson

By: ______________________ Resolution No. ______________ Clerk

By: ______________________
Deputy Clerk

APPROVED AS TO FORM AND LEGAL EFFECT:

By: _______________________ Date: ________________________ Deputy County Counsel

9.G-13Council Agenda 12-5-2023
Attachment 1.A
Packet Page 79

[Signature Page – Avila Beach Community Services District] [Joinder Amendment to Second Amended and Restated JPA]

AVILA BEACH COMMUNITY SERVICES DISTRICT

By: ______________________ Date ______________________ Chairperson

By: ______________________ Resolution No. ______________ Clerk

APPROVED AS TO FORM AND LEGAL EFFECT:

By: ______________________
Attorney

9.G-14Council Agenda 12-5-2023
Attachment 1.A
Packet Page 80

[Signature Page – California Valley Community Services District] [Joinder Amendment to Second Amended and Restated JPA]

CALIFORNIA VALLEY COMMUNITY SERVICES DISTRICT

By: ______________________ Date ______________________ Chairperson

By: ______________________ Resolution No. ______________ Clerk

APPROVED AS TO FORM AND LEGAL EFFECT:

By: ______________________
Attorney

9.G-15Council Agenda 12-5-2023
Attachment 1.A
Packet Page 81

[Signature Page – Cambria Community Services District]
[Joinder Amendment to Second Amended and Restated JPA]
CAMBRIA COMMUNITY SERVICES DISTRICT:

WHEREAS, the Board of Directors of the Cambria Community Services District desires to acknowledge, accept, and agree to be bound by the terms and conditions of the Joinder Amendment to Second Amended and Restated JPA.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Cambria Community Services District as follows

1.The foregoing Recitals are true, correct and are incorporated herein.

2.The Cambria Community Services District hereby acknowledges, accepts, and agrees to be bound by the terms and conditions of the Joiner Amendment to Second Amended and Restated JPA, a copy of which is attached hereto as Exhibit A and incorporated herein by reference.

3.This Resolution shall take effect immediately upon adoption. The General Manager or his designee is directed to deliver this adopted Resolution to the IWMA's Interim Executive Director and Executive Committee.

Resolution _________ was adopted at a Regular Meeting of the Cambria Community Services District on _________________.

By: __________________________
President, Board of Directors
ATTEST: APPROVED AS TO FORM:

By: __________________________By: __________________________ Board Secretary District Counsel

9.G-16Council Agenda 12-5-2023
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[Signature Page – Heritage Ranch Community Services District] [Joinder Amendment to Second Amended and Restated JPA]

HERITAGE RANCH COMMUNITY SERVICES DISTRICT

By: ______________________ Date ______________________ Chairperson

By: ______________________ Resolution No. ______________ Clerk

APPROVED AS TO FORM AND LEGAL EFFECT:

By: ______________________
Attorney

9.G-17Council Agenda 12-5-2023
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[Signature Page – Los Osos Community Services District] [Joinder Amendment to Second Amended and Restated JPA]

LOS OSOS COMMUNITY SERVICES DISTRICT

By: ______________________ Date ______________________ President

By: ______________________ Resolution No. ______________ Clerk

APPROVED AS TO FORM AND LEGAL EFFECT:

By: ______________________
Attorney

9.G-18Council Agenda 12-5-2023
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[Signature Page – Oceano Community Services District]
[Joinder Amendment to Second Amended and Restated JPA]

OCEANO COMMUNITY SERVICES DISTRICT

By: ______________________ Date ______________________ President

By: ______________________
Board Secretary

APPROVED AS TO FORM AND LEGAL EFFECT:

By: ______________________ Date: ______________________ Attorney

9.G-19Council Agenda 12-5-2023
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[Signature Page – San Miguel Community Services District] [Joinder Amendment to Second Amended and Restated JPA]

SAN MIGUEL COMMUNITY SERVICES DISTRICT

On the motion of Director ___________, seconded by Director ___________ and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAINING:

The foregoing Resolution is hereby passed and adopted this _____ day of ______________.

By: __________________________
President, Board of Directors

ATTEST: APPROVED AS TO FORM:

By: ________________________ By: __________________________ General Manager District General Counsel

By: ________________________
Board Clerk

9.G-20Council Agenda 12-5-2023
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[Signature Page – San Simeon Community Services District] [Joinder Amendment to Second Amended and Restated JPA]

SAN SIMEON COMMUNITY SERVICES DISTRICT

By: ______________________ Date ______________________ Chairperson

By: ______________________ Resolution No. ______________ Clerk

APPROVED AS TO FORM AND LEGAL EFFECT:

By: ______________________
Attorney

9.G-21Council Agenda 12-5-2023
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[Signature Page – Cayucos Sanitary District]
[Joinder Amendment to Second Amended and Restated JPA]

CAYUCOS SANITARY DISTRICT

By: ______________________ Date ______________________ Chairperson

By: ______________________ Resolution No. ______________ Clerk

APPROVED AS TO FORM AND LEGAL EFFECT:

By: ______________________
Attorney

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[Signature Page – Ground Squirrel Hollow Community Services District] [Joinder Amendment to Second Amended and Restated JPA]

GROUND SQUIRREL HOLLOW COMMUNITY SERVICES DISTRICT
By: ______________________Date ______________________
Chairperson
By: ______________________Resolution No. ______________ Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:

By: ______________________
Attorney

9.G-23Council Agenda 12-5-2023
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[Signature Page – Nipomo Community Services District]
[Joinder Amendment to Second Amended and Restated JPA]

NIPOMO COMMUNITY SERVICES DISTRICT

By: ______________________ Date ______________________ Chairperson

By: ______________________ Resolution No. ______________ Clerk

APPROVED AS TO FORM AND LEGAL EFFECT:

By: ______________________
Attorney

9.G-24Council Agenda 12-5-2023
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[Signature Page – Templeton Community Services District] [Joinder Amendment to Second Amended and Restated JPA]

TEMPLETON COMMUNITY SERVICES DISTRICT

By: ______________________ Date ______________________ Chairperson

By: ______________________ Resolution No. ______________ Clerk

APPROVED AS TO FORM AND LEGAL EFFECT:

By: ______________________
Attorney

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List of Participating Agencies

LISR OF PARTICIPATING AGENCIES
CITIES
Arroyo Grande
Atascadero
El Paso de Robles
Grover Beach
Morro Bay
Pismo Beach
San Luis Obispo
COUNTY
The County of San Luis Obispo

AUTHORIZED DISTRICTS
Avila Beach CSD
California Valley CSD
Cambria CSD
Cayucos Sanitary District
Ground Squirrel Hollow CSD
Heritage Ranch CSD
Los Osos CSD
Nipomo CSD
Oceano CSD
San Miguel CSD
San Simeon CSD
Templeton CSD

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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.H
SUBJECT/TITLE:
2024 CITY COUNCIL REGULAR MEETING SCHEDULE
RECOMMENDATION:

Adopt a Resolution establishing the 2024 City Council Regular Meeting schedule.

BACKGROUND:

Pismo Beach Municipal Code Section 2.04.080 provides that the City Council shall hold meetings as established by Council resolution. City Council Resolution R-2009-014 establishes that the Council shall hold its regular meetings on the first and third Tuesday of every month. The Council may enact further resolutions amending its meeting schedule, and staff typically presents an item to the Council at the end of each calendar year to set the regular meeting schedule for the following year, including any projected cancellations.

For calendar year 2024, staff recommends the cancellation of the meetings of January 2, 2024, July 2, 2024, and November 5, 2024. Staff recommends the cancellation of the January 2, 2024 meeting due to its proximity to the New Year’s holiday, which would preclude the opportunity to fully prepare for the meeting. Staff recommends the cancellation of the July 2, 2024 meeting, in keeping with the recent historical precedent of at least one summer meeting being cancelled to allow staff and Council to take vacation and to focus on other work. Finally, staff recommends the cancellation of the November 5, 2024 meeting, due to it coinciding with Election Day.

Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) setting the Council's 2024 regular meeting schedule, and cancelling the meeting dates of January 2, 2024, July 2, 2024, and November 5, 2024. The Council may act now, or at a future juncture, to cancel additional meeting dates as it deems fit. Further, special meetings and closed sessions will continue to be scheduled as needed.

FISCAL IMPACT:

There is no budget impact as a result of cancellation of meetings.

ALTERNATIVES:

1.Adopt a modified Resolution cancelling or scheduling alternative meeting date(s).

2.Decline to adopt a Resolution altering the Council's default 2024 meeting schedule.

ATTACHMENTS:

1.Resolution establishing meeting schedule
Council Agenda 12-5-2023 9.H-1
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Submitted by: Meeting Date: December 5, 2023
Erica Inderlied, City Clerk
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 ESTABLISHING THE 2024 CITY COUNCIL REGULAR MEETING

SCHEDULE
WHEREAS, Pismo Beach Municipal Code 2.04.080 provides that the City Council shall hold meetings as established by Resolution; and
WHEREAS, City Council Resolution R-2009-014 establishes that the City Council shall hold its regular meetings on the first and third Tuesday of every calendar month, and the Council may adopt further policy resolutions amending its regular meeting schedule; and WHEREAS, staff recommends that certain regular meetings of the City Council be cancelled due to proximity to holidays and other factors; and WHEREAS, the Council may still act to cancel additional regular meetings, or schedule additional special meetings, at a future juncture if it deems it necessary or desirable.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby cancels its regular meetings of January 2, 2024, July 2, 2024, and November 5, 2024.

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 5th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 12-5-2023 9.H-3
Attachment 1
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.I
SUBJECT/TITLE:

ADOPTION (SECOND READING) OF SEWER USE ORDINANCE
RECOMMENDATION:

Adopt an Ordinance adding Chapter 13.12: Pretreatment Ordinance and Amending Chapter 13.14: Sewer Use, of the City of Pismo Beach Municipal Code, relating to the City’s Advanced Water Purification Facility.

BACKGROUND:

On November 7, 2023 the City Council introduced an ordinance (Attachment 1) that will add Chapter 13.12 and amend Chapter 13.14 of the Pismo Beach Municipal Code to amend and expand the City’s sewer use regulations, in part to facilitate compliance with regulatory requirements that accompany the Central Coast Blue Project.

The ordinance was introduced as presented. The agenda report for the November 7, 2023 agenda item, which includes background and analysis, is provided as Attachment 2.

Recommendation
Staff recommends that the Council adopt an ordinance (Attachment 1) that will add Chapter 13.12 and amend Chapter 13.14 of the Pismo Beach Municipal Code to amend and expand the City’s sewer use regulations. If the Council acts to adopt the Ordinance at this time, it will become effective by statute on January 4, 2024.

FISCAL IMPACT:

As outlined in the staff report for the introduction of this ordinance (Attachment 2).

ALTERNATIVES:

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

2.Do not adopt the Ordinance.

3.Provide staff with alternative direction.

ATTACHMENTS:

1.Ordinance as introduced

2.November 7, 2023 staff report (without ordinance attachment) Submitted by: Erica Inderlied, City Clerk Meeting Date: December 5, 2023 City Manager Approval:

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ORDINANCE NO. O-2023-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADDING CHAPTER 13.12: PRETREATMENT ORDINANCE AND AMENDING CHAPTER 13.14: SEWER USE, OF THE CITY OF PISMO BEACH MUNICIPAL CODE, RELATING TO THE CITY’S ADVANCED WATER

PURIFICATION FACILITY

WHEREAS, the City of Pismo Beach (City) provides infrastructure and facilities for the collection and treatment of wastewater to promote the health and safety and convenience of its residents, businesses and visitors and for the safeguarding of water resources common to all (Sewer System); and

WHEREAS, the Environmental Protection Agency (EPA) established the National Pretreatment Program as a core part of the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) regulations, which mandate stringent and continuous control of the quality of wastewater discharged to Publicly Owned Treatment Works (POTWs); and

WHEREAS, the City is partnering with the City of Arroyo Grande and the City of Grover Beach to develop the Central Coast Blue regional recycled groundwater project and construct a new Advanced Water Purification Facility (AWPF) which will produce purified water from the City’s treated wastewater to supplement the Partner cities’ water supplies through indirect potable reuse; and

WHEREAS, the State Water Resources Control Board requires agencies implementing indirect potable reuse to administer an industrial pretreatment and pollutant source control program (enhanced source control program); and

WHEREAS, the City does not currently have and has not heretofore been required to have an industrial pretreatment program; and

WHEREAS, the City is developing an enhanced source control program to prevent the introduction of pollutants into the Sewer System, Pismo Beach Wastewater Treatment Plant, and the AWPF, and hence to protect the quality of finished water and drinking water supply produced by the AWPF.

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

SECTION 1.

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

Attachment 1

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SECTION 2.

A new Chapter 13.12 of the Pismo Beach Municipal Code is hereby added, to read as follows:

Chapter 13.12 PRETREATMENT ORDINANCE

13.12.010 Purpose and policy.

This Chapter sets forth uniform requirements for Users of the Publicly Owned Treatment Works for the City of Pismo Beach (the City) and enables the City to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code [U.S.C.] Section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403). The objectives of this Chapter are:

A. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation;

B. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Works;

C. To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

D. To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works;

E. To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the Publicly Owned Treatment Works is subject.

This Chapter shall apply to all Users of the Publicly Owned Treatment Works. The Chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires User reporting.

13.12.020 Administration.

Except as otherwise provided herein, the Director of Public Works (Director) shall administer, implement, and enforce the provisions of this Chapter. Any powers Attachment 1

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granted to or duties imposed upon the Director may be delegated by the Director to a duly authorized City employee.

13.12.030 Abbreviations.

The following abbreviations, when used in this Chapter, shall have the designated meanings:

Act – Federal Water Pollution Control Act or Clean Water Act AWPF – Advanced Water Purification Facility
BMP – Best Management Practice
BMR – Baseline Monitoring Report
BOD – Biochemical Oxygen Demand
C – Celsius
CFR – Code of Federal Regulations
City – City of Pismo Beach
CIU – Categorical Industrial User
COD – Chemical Oxygen Demand
Director – Director of Public Works for the City
EPA – U.S. Environmental Protection Agency
F – Fahrenheit
FSE – Food Service Establishment
FOG – Fats, Oils, and/or Grease
gpd – gallons per day
IU – Industrial User
mg/L – milligrams per liter
NPDES – National Pollutant Discharge Elimination System NSCIU – Non-Significant Categorical Industrial User
O&M – Operations and Maintenance
POTW – Publicly Owned Treatment Works
RCRA – Resource Conservation and Recovery Act
SIU – Significant Industrial User
SNC – Significant Noncompliance
SSO – Sanitary Sewer Overflow
SUO – Sewer Use Ordinance
TRC – Technical Review Criteria
TSS – Total Suspended Solids
U.S.C. – United States Code
User – Industrial User

13.12.040 Definitions.

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Chapter, shall have the meanings hereinafter designated.

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A. “Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.

B. “Advanced Water Purification Facility” means facility that treats and purifies municipal secondary effluent to drinking water standards.

C. “Approval Authority” means the California Regional Water Quality Control Board Central Coast Region, or any successor agency.

D. “Authorized” or “Duly Authorized Representative of the User” means:

1. If the User is a corporation:

a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

b. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate
procedures.

2. If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively.

3. If the User is a federal, state, or local governmental facility: a Director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

4. The individuals described in paragraphs C.1. through C.3., above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for Attachment 1

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environmental matters for the company, and the written authorization is submitted to the City.

E. “Best Management Practices” or “BMPs” means a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the requirements of this Chapter. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

F. “Biochemical Oxygen Demand” or “BOD” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty degrees (20º) C, usually expressed as a concentration (e.g., mg/L).

G. “Bypass” means the intentional diversion of waste streams from any portion of a treatment facility.

H. “Categorical Pretreatment Standard” or “Categorical Standard” means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405–471.

I. “Categorical Industrial User” means an Industrial User subject to a categorical Pretreatment Standard or categorical Standard.

J. “City” means the City of Pismo Beach, California.

K. “Chemical Oxygen Demand” or “COD” means a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

L. “Control Authority” means the City.

M. “Daily Maximum” means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

N. “Daily Maximum Limit” means the maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

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O. “The Director of Public Works” or “Director” means the person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this Chapter. This term also includes a Duly Authorized Representative, as designated in writing by the Director.

P. “Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.

Q. “Existing Source” means any source of discharge that is not a “New Source.”

R. “Food Solids” means the thickness of the bottom layer of food solids.

S. “Grab Sample” means a sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.

T. “Grease Interceptor” means a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, including any local amendments thereto, underground between a FOG discharger and the connection to the sewer system. This device primarily uses gravity to separate FOG from the wastewater as it moves from one compartment to the next. This device must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner at regular intervals to be effective.

U. “Grease Layer” means the thickness of the top layer of grease.

V. “Grease Removal Device” means any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system.

Grease removal device may also include any other proven method to reduce FOG subject to approval of the utilities division/department manager. A grease removal device is a form of pretreatment and as such is subject to all regulations pertaining to the installation and maintenance of pretreatment systems as recognized in this chapter and in the General Pretreatment Regulations (40 CFR 403).

W. “Grease Trap” means a grease control device that is used to serve individual fixtures and have limited effect and should only be used in those cases where the use of a grease interceptor or other grease removal device is determined to be impossible or impracticable.

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X. “Indirect Discharge” or “Discharge” means the introduction of pollutants into the POTW from any nondomestic source.

Y. “Instantaneous Limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

Z. “Interference” a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

AA. “Local Limit” means specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

BB. “Medical Waste” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

CC. “Monthly Average” means the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.

DD. “Monthly Average Limit” means the highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.

EE. “Narrative Standard” or “Narrative Limit” means any statement of prohibition or condition on a discharge established in this chapter that is not a local limit. Narrative standards include, but are not limited to, prohibited discharge standards and BMPs.

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FF. “New Source” means any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307(c) of the Act that will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that:

1. The building, structure, facility, or installation is constructed at a site at which no other source is located; or

2. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an Existing Source; or

3. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an Existing Source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the Existing Source, should be considered.

4. Construction on a site at which an Existing Source is located results in a modification rather than a New Source if the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraphs 1.b. or 1.c. above but otherwise alters, replaces, or adds to existing process or production equipment.

5. Construction of a New Source as defined under this paragraph has commenced if the owner or operator has:

a. Begun, or caused to begin, as part of a continuous onsite construction program any placement, assembly, or installation of facilities or equipment; or

b. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

c. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without
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design studies do not constitute a contractual obligation under this paragraph.

GG. “Noncontact Cooling Water” means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

HH. “Oil Interceptor” means a device for retaining oil by gravity-differential separation from waste effluent, and of a design and capacity approved by the utilities division/department manager.

II. “Pass Through” means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City’s NPDES permit, including an increase in the magnitude or duration of a violation.

JJ. “Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

KK. “pH” means a measure of the acidity or alkalinity of a solution, expressed in standard units.

LL. “Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

MM. “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable Pretreatment Standard.

NN. “Pretreatment Requirements” any substantive or procedural requirement related to pretreatment imposed on a User, other than a Pretreatment Standard.

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OO. “Pretreatment Standards” or “Standards” means prohibited discharge standards, categorical pretreatment standards, local limits, and any other numerical or narrative effluent limit contained in this Chapter.

PP. “Prohibited Discharge Standards” or “Prohibited Discharges” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 13.12.050 (Prohibited Discharge Standards) of this Code.

QQ. “Publicly Owned Treatment Works” or “POTW” means a treatment works, as defined by Section 212 of the Act (33 U.S.C. Section 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.

RR. “Sanitary Sewer Overflow” means a release of untreated or partially treated sewage from a municipal sanitary sewer.

SS. “Septic Tank Waste” means any sewage from holding tanks such as vessels, chemical toilets, boats, campers, trailers, and septic tanks.

TT. “Sewage” means human excrement and gray water (household showers, dishwashing operations, etc.).

UU. “Significant Industrial User” or “SIU” means:

1. An Industrial User subject to categorical Pretreatment Standards; or

2. An Industrial User that:

a. Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown
wastewater);

b. Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

c. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any Pretreatment Standard or Requirement.

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3. The City may determine that an Industrial User subject to categorical Pretreatment Standards is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than one hundred (100) gpd of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met:

a. The Industrial User, prior to the City’s finding, has consistently complied with all applicable categorical Pretreatment
Standards and Requirements;

b. The Industrial User annually submits the certification statement required in Section 13.12.140, N.2. (Reporting Requirements) of this Code, together with any additional information necessary to support the certification statement; and

c. The Industrial User never discharges any untreated
concentrated wastewater.

d. Upon a finding that a User meeting the criteria in Subsection

3. of this Section has no reasonable potential for adversely affecting the POTW’s operation or for violating any
Pretreatment Standard or Requirement, the City may at any time, on its own initiative or in response to a petition received from an Industrial User, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such User should not be considered a Significant Industrial User.

VV. “Slug Load” or “Slug Discharge” means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 13.12.050 (Prohibited Discharge Standards) of this Code. A Slug Discharge is any Discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch Discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW’s regulations, numerical or narrative effluent limits, Local Limits or Permit conditions.

WW. “Storm Water” means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

XX. “Total Suspended Solids” or “Suspended Solids” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

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YY. “User” or “Industrial User” means a source of indirect discharge.

ZZ. “Wastewater” means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

AAA. “Wastewater Treatment Plant” or “Treatment Plant” means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

BBB. “Water Layer” means the middle layer in a grease trap/interceptor. It must be at least seventy-five percent (75%) of the total depth for the grease trap/interceptor to be functional.

CCC. “25% Rule” refers to the amount of FOG that can accumulate in a grease interceptor prior to necessary cleaning. Accumulated FOG cannot exceed twenty-five percent (25%) of the grease interceptor’s depth.

1. FOG includes the grease layer and the solids that fall to the bottom of the grease interceptor.

2. The 25% Rule is calculated using the following formula:

𝐺𝐺𝐺𝐺𝐺𝐺𝐺𝐺𝐺𝐺𝐺𝐺 𝐿𝐿𝐺𝐺𝐿𝐿𝐺𝐺𝐺𝐺+𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝐺𝐺𝐷𝐷𝐺𝐺𝐷𝐷𝐷𝐷ℎ 𝑆𝑆𝑜𝑜 𝐼𝐼𝐼𝐼𝐷𝐷𝐺𝐺𝐺𝐺𝐼𝐼𝐺𝐺𝐷𝐷𝐷𝐷𝑆𝑆𝐺𝐺∗100

13.12.050 Prohibited discharge standards.

A. General Prohibitions. No User shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes Bypass, Pass Through or Interference. These general prohibitions apply to all Users of the POTW whether or not they are subject to categorical Pretreatment Standards or any other federal, state, or local Pretreatment Standards or Requirements.

B. Specific Prohibitions. No User shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

1. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred forty degrees (140º) F (sixty degrees (60º) C) using the test methods specified in 40 CFR 261.21;

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2. Wastewater having a pH less than six and zero tenths (6.0) or more than nine and zero tenths (9.0), or otherwise causing corrosive structural damage to the POTW or equipment;

3. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in Interference but in no case solids greater than one half inch (0.5”) or one and twenty-seven-hundredths centimeters (1.27 cm) in any dimension;

4. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause Interference with the POTW;

5. Wastewater having a temperature greater than one hundred fifty degrees (150º) F (sixty-five and sixth-tenths degrees (65.6º) C), or which will inhibit biological activity in the treatment plant resulting in Interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees (104º) F (forty degrees (40º) C);

6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through;

7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

8. Trucked or hauled pollutants, except in accordance with Section

13.12.110, D. (Pretreatment of Wastewater) of this Code;

9. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

10. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the City’s NPDES permit;

11. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;

12. Storm Water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, Attachment 1

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deionized water, Noncontact Cooling Water, and unpolluted wastewater, unless specifically authorized by the Director;

13. Sludges, screenings, or other residues from the pretreatment of industrial wastes;

14. Medical Wastes, except as specifically authorized by the Director in a wastewater discharge permit;

15. Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail toxicity test;

16. Detergents, surface-active agents, or other substances which that might cause excessive foaming in the POTW;

17. FOG of animal or vegetable origin in concentrations greater than one hundred (100) mg/L;

18. Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than ten percent (10%) or any single reading over five percent (5%) of the Lower Explosive Limit of the meter;

19. Radiological, chemical, or biological warfare agent or high-level radioactive waste;

20. Amalgam or waste discharge containing mercury.

13.12.060 [RESERVED FOR LOCAL LIMITS]

13.12.070 Categorical pretreatment standards.

Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405–471.

A. Where a categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with paragraphs E. and F. of this Section.

B. When the limits in a categorical Pretreatment Standard are expressed only in terms of mass of pollutant per unit of production, the Director may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual Industrial Users.

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C. When wastewater subject to a categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the Director shall impose an alternate limit in accordance with 40 CFR 403.6(e).

D. A CIU may obtain a net/gross adjustment to a categorical Pretreatment Standard in accordance with the following paragraphs of this Section.

1. Categorical Pretreatment Standards may be adjusted to reflect the presence of pollutants in the Industrial User’s intake water in accordance with this Section. Any Industrial User wishing to obtain credit for intake pollutants must make application to the City. Upon request of the Industrial User, the applicable Standard will be calculated on a “net” basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of paragraph 2. of this Section are met.

2. Criteria.

a. Either (i) The applicable categorical Pretreatment Standards contained in 40 CFR subchapter N specifically provide that they shall be applied on a net basis; or (ii) The Industrial User demonstrates that the control system it proposes or uses to meet applicable categorical Pretreatment Standards would, if properly installed and operated, meet the Standards in the absence of pollutants in the intake waters.

b. Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil and grease should not be granted unless the Industrial User demonstrates that the constituents of the generic measure in the User’s effluent are substantially similar to the constituents of the generic measure in the intake water or unless
appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

c. Credit shall be granted only to the extent necessary to meet the applicable categorical Pretreatment Standard(s), up to a maximum value equal to the influent value. Additional
monitoring may be necessary to determine eligibility for credits and compliance with Standard(s) adjusted under this Section.

d. Credit shall be granted only if the User demonstrates that the intake water is drawn from the same body of water as that into which the POTW discharges. The City may waive this
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requirement if it finds that no environmental degradation will result.

E. When a categorical Pretreatment Standard is expressed only in terms of pollutant concentrations, an Industrial User may request that the City convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Director.

The City may establish equivalent mass limits only if the Industrial User meets all the conditions set forth in paragraphs E.1.a. through E.1.e. of this Section.

1. To be eligible for equivalent mass limits, the Industrial User must:

a. Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its wastewater discharge permit;

b. Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical
Pretreatment Standard, and not have used dilution as a
substitute for treatment;

c. Provide sufficient information to establish the facility’s actual average daily flow rate for all waste streams, based on data from a continuous effluent flow monitoring device, as well as the facility’s long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

d. Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the Discharge; and

e. Have consistently complied with all applicable categorical Pretreatment Standards during the period prior to the
Industrial User’s request for equivalent mass limits.

2. An Industrial User subject to equivalent mass limits must:

a. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the
equivalent mass limits;

b. Continue to record the facility’s flow rates through the use of a continuous effluent flow monitoring device;
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c. Continue to record the facility’s production rates and notify the Director whenever production rates are expected to vary by more than twenty percent (20%) from its baseline production rates determined in paragraph E.1.c. of this Section. Upon notification of a revised production rate, the Director will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

d. Continue to employ the same or comparable water
conservation methods and technologies as those
implemented pursuant to paragraph E.1.a. of this Section so long as it discharges under an equivalent mass limit.

3. When developing equivalent mass limits, the Director:

a. Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the Industrial User by the concentration-based Daily
Maximum and Monthly Average Standard for the applicable categorical Pretreatment Standard and the appropriate unit conversion factor;

b. Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as
necessary to reflect changed conditions at the facility; and

c. May retain the same equivalent mass limit in subsequent wastewater discharge permit terms if the Industrial User’s actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to Section 13.12.100 (Dilution) of this Code. The Industrial User must also be in compliance with Section

13.12.050 (Prohibited Discharge Standards) of this Code regarding the prohibition of bypass.

F. The Director may convert the mass limits of the categorical Pretreatment Standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual Industrial Users.

The conversion is at the discretion of the Director.

G. Once included in its permit, the Industrial User must comply with the equivalent limitations developed in this Section 13.12.070 (Categorical Attachment 1

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Pretreatment Standards) of this Code in lieu of the promulgated categorical Standards from which the equivalent limitations were derived.

H. Many categorical Pretreatment Standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum Monthly Average, or four (4) day average, limitations. Where such Standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

I. Any Industrial User operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based Standard shall notify the Director within two (2) business days after the User has a reasonable basis to know that the production level will significantly change within the next calendar month. Any User not notifying the Director of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate.

13.12.080 Best management practices.

The Director may develop BMPs in Wastewater Discharge Permits to implement the requirements of this Chapter.

13.12.090 City’s right of revision.

The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent Standards or Requirements on discharges to the POTW consistent with the purpose of this Chapter.

13.12.100 Dilution.

No User shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable Pretreatment Standard or Requirement. The Director may impose mass limitations on Users who are using dilution to meet applicable Pretreatment Standards or Requirements, or in other cases when the imposition of mass limitations is appropriate.

13.12.110 Pretreatment of wastewater.

A. Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this Chapter and shall achieve compliance with all categorical Pretreatment Standards, Effluent Limits, and the prohibitions set out in Section 13.12.050 (Prohibited Discharge Standards) of this Code Attachment 1

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within the time limitations specified by EPA, the State, or the Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the User’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Director for review, and shall be acceptable to the Director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the User from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Chapter.

B. Additional Pretreatment Measures.

1. Whenever deemed necessary, the Director may require Users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the User’s compliance with the requirements of this Chapter.

2. The Director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

3. Grease, oil, and sand interceptors shall be required when, in the opinion of the Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the Director, shall comply with the City’s FOG Control Program (Section 13.12.150 of this Code), and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired in accordance with the City’s FOG Control Program (Section 13.12.150 of this Code) by the User at their expense.

4. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

C. Accidental Discharge/Slug Discharge Control Plans.

1. The Director shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control Slug Attachment 1

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Discharges. The Director may require any User to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control Slug Discharges. Alternatively, the Director may develop such a plan for any User. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

a. Description of discharge practices, including nonroutine batch discharges;

b. Description of stored chemicals;

c. Procedures for immediately notifying the Director of any accidental or Slug Discharge, as required by Section

13.12.140, G. (Reporting Requirements) of this Code; and

d. Procedures to prevent adverse impact from any accidental or Slug Discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for
containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

D. Hauled Wastewater.

1. Septic tank waste may be introduced into the POTW only at locations designated by the Director, and at such times as are established by the Director. Such waste shall not violate Section 13.12.050 (Prohibited Discharge Standards) of this Code or any other requirements established by the City. The Director may require septic tank waste haulers to obtain wastewater discharge permits.

2. The Director may require haulers of industrial waste to obtain wastewater discharge permits. The Director may require generators of hauled industrial waste to obtain wastewater discharge permits.

The Director also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this Chapter.

3. Industrial waste haulers may discharge loads only at locations designated by the Director. No load may be discharged without prior written consent of the Director. The Director may collect samples of each hauled load to ensure compliance with applicable Standards.

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The Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

4. Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

5. Approval from the Director must be documented in writing before any septic tank waste or hauler of industrial waste prior to discharge into any location.

13.12.120 Individual wastewater discharge permits.

A. Wastewater Discharge Permit Requirement.

1. No Significant Industrial User shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Director, except that a Significant Industrial User that has filed a timely application pursuant to paragraph B of this Section may continue to discharge for the time period specified therein.

2. The Director may require other Users to obtain wastewater discharge permits as necessary to carry out the purposes of this Chapter.

3. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Chapter and subjects the wastewater discharge permittee to the sanctions set out in Sections

13.12.190 through 13.12.200 of this Code. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state Pretreatment Standards or Requirements or with any other requirements of federal, state, and local law.

B. Wastewater Discharge Permitting: Existing Connections.

Any User required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Chapter and who wishes to continue such discharges in the future, shall, within sixty (60) days after said date, apply to the Director for a wastewater discharge permit in accordance with paragraph D of this Section, and shall not cause or allow discharges to the POTW to continue after one hundred Attachment 1

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eighty (180) days of the effective date of this Chapter except in accordance with a wastewater discharge permit issued by the Director.

C. Wastewater Discharge Permitting: New Connections.

Any User required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with paragraph D. of this Section, must be filed at least sixty (60) days prior to the date upon which any discharge will begin or recommence.

D. Wastewater Discharge Permit Application.

1. All Users required to obtain a wastewater discharge permit must submit a permit application. The Director may require Users to submit all or some of the following information as part of a permit application:

a. Identifying Information:

i. The name and address of the facility, including the
name of the operator and owner.

ii. Contact information, description of activities, facilities, and plant production processes on the premises.

b. Environmental Permits: A list of any environmental control permits held by or for the facility.

c. Description of Operations: A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate or production), and standard industrial classifications of the operation(s) carried out by such User. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.

d. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.

e. Number and type of employees, hours of operation, and proposed or actual hours of operation.

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f. Type and amount of raw materials processed (average and maximum per day).

g. Site plans, floor plans, mechanical and plumbing plans; details to show all sewers, floor drains, and appurtenances by size, location, and elevation; and all points of discharge.

h. Time and duration of discharges.

i. The location for monitoring all wastes covered by the permit.

j. Flow measurement: Information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other
streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).

k. Measurement of Pollutants: The categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for Existing Sources.

l. The results of sampling and analysis identifying the nature and concentration, where required by the Standard or by the Director, or regulated pollutants in the discharge from each regulated process.

m. Instantaneous, Daily Maximum, and long-term average
concentrations, where required, shall be reported.

n. Any other information as may be deemed necessary by the Director to evaluate the permit application.

2. Sampling must be performed in accordance with procedures set out in Section 13.12.140, K. (Reporting Requirements) of this Code.

a. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 13.12.140, J (Reporting Requirements) of this Code.

Where the Standard requires compliance with a BMP or
pollution prevention alternative, the User shall submit documentation as required by the Director or the applicable Standards to determine compliance with the Standard.

3. Any requests for a monitoring waiver (or a renewal or an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge.

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4. Incomplete or inaccurate applications will not be processed and will be returned to the User for revision.

E. Application Signatories and Certifications.

1. All wastewater discharge permit applications, User reports and certification statements must be signed by an Authorized Representative of the User and contain the certification statement in Section 13.12.140, N.1. (Reporting Requirements) of this Code.

2. If the designation of an Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the Director prior to or together with any reports to be signed by an Authorized Representative.

3. A facility determined to be a Non-Significant Categorical Industrial User by the Director pursuant to Section 13.12.040 UU.3 (Definitions) of this Code must annually submit the signed certification statement in Section 13.12.140, N.1 (Reporting Requirements) of this Code.

F. Wastewater Discharge Permit Decisions.

The Director will evaluate the data furnished by the User and may require additional information. Within sixty (60) days of receipt of a complete permit application, the Director will determine whether to issue a wastewater discharge permit.

13.12.130 Wastewater discharge permit issuance.

A. Wastewater Discharge Permit Duration.

Any wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.

B. Wastewater Discharge Permit Contents.

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Bypass, Pass Through or Interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

2. Wastewater discharge permits must contain:

a. A statement that indicates the wastewater discharge permit issuance date, expiration date, and effective date.

b. A statement that the wastewater discharge permit is
nontransferable without prior notification to the City in accordance with paragraph D. of this Section and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.

c. Effluent limits and Best Management Practices, based on applicable Pretreatment Standards.

d. Self-monitoring, sampling, reporting, notification, and record- keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law.

e. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge.

f. A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by
applicable federal, state, or local law.

g. Requirements to control Slug Discharge, if determined by the Director to be necessary.

h. Any grant of the monitoring waiver by the Director must be included as a condition in the User’s permit.

3. Wastewater discharge permits may contain, but need not be limited to, the following conditions:

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a. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.

b. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the
introduction of pollutants into the treatment works.

c. Requirements for the development and implementation of spill control plans or other special conditions including best management practices necessary to adequately prevent
accidental, unanticipated, or nonroutine discharges.

d. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.

e. The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the POTW.

f. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow
measurement devices.

g. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state Pretreatment Standards, including those which become effective during the term of the wastewater discharge permit.

h. Other conditions as deemed appropriate by the Director to ensure compliance with this Chapter and state and federal laws, rules, and regulations.

C. Permit Modification.

The Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

1. To incorporate any new or revised federal, state, or local Pretreatment Standards or Requirements.

2. To address significant alterations or additions to the User’s operation, processes, or wastewater volume or character since the time of the wastewater discharge permit issuance.

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3.A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

4.Information indicating that the permitted discharge poses a threat to the City’s POTW, personnel, or the receiving waters.

5.Violation of any terms or conditions of the wastewater discharge permit.

6.Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.

7.Revision of or a grant of variance from categorical Pretreatment Standards pursuant to 40 CFR 403.13.

8.To correct typographical or other errors in the wastewater discharge permit.

9.To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with paragraph D. of this Section.

D.Wastewater Discharge Permit Transfer.

1.Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least sixty (60) days advance notice to the Director and the Director approves the wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which:
a.States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes. b.Identifies the specific date on which the transfer is to occur. c.Acknowledges full responsibility for complying with the existing wastewater discharge permit.

2.Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

E.Wastewater Discharge Permit Revocation.

1.The Director may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

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a. Failure to notify the Director of significant changes to the wastewater prior to the changed discharge.

b. Failure to provide prior notification to the Director of changed conditions pursuant to Section 13.12.140, F (Reporting
Requirements) of this Code.

c. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.

d. Falsifying self-monitoring reports and certification statements.

e. Tampering with monitoring equipment.

f. Refusing to allow the Director timely access to the facility premises and records.

g. Failure to meet effluent limitations.

h. Failure to pay fines.

i. Failure to pay sewer charges.

j. Failure to meet compliance schedules.

k. Failure to complete a wastewater survey or the wastewater discharge permit application.

l. Failure to provide advance notice of the transfer of business ownership of a permitted facility.

m. Violation of any Pretreatment Standard or Requirements, or any terms of the wastewater discharge permit or this Chapter.

2. Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a User are void upon the issuance of a new wastewater discharge permit to that User.

F. Wastewater Discharge Permit Reissuance.

An Industrial User with an expiring industrial wastewater discharge permit shall apply for a permit reissuance by submitting a complete permit application in accordance with Section 13.12.120 D. (Individual Wastewater Discharge Permits) of this Code, a minimum of thirty (30) days prior to the Attachment 1

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expiration of the Industrial User’s existing industrial wastewater discharge permit.

G. Regulation of Waste Received from Other Jurisdictions.

1. If another municipality, or User located within another municipality, contributes wastewater to the POTW or AWPF, the Director shall enter into an intermunicipal agreement with the contributing municipality.

2. Prior to entering into an agreement required by paragraph G.1., above, the Director shall request the following information from the contributing municipality:

a. A description of the quality and volume of wastewater discharged to the POTW or AWPF by the contributing
municipality;

b. An inventory of all Users located within the contributing municipality that are discharging to the POTW or AWPF; and

c. Such other information as the Director may deem necessary.

3. An intermunicipal agreement, as required by paragraph G.2., above, shall contain the following conditions:

a. A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Chapter, numerical or narrative effluent limits, and Local Limits, including required Baseline Monitoring Reports
(BMRs) which are at least as stringent as those set out in Section 13.12.050 (Prohibited Discharge Standards) of this Code. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City’s ordinance, numerical or narrative effluent limits, or Local Limits;

b. A requirement for the contributing municipality to submit a revised User inventory on at least an annual basis;

c. A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Director; and which of these activities will Attachment 1

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be conducted jointly by the contributing municipality and the Director;

d. A requirement for the contributing municipality to provide the Director with access to all information that the contributing municipality obtains as part of its pretreatment activities;

e. Limits on the nature, quality, and volume of the contributing municipality’s wastewater at the point where it discharges to the POTW or AWPF;

f. Requirements for monitoring the contributing municipality’s discharge;

g. A provision ensuring the Director access to the facilities of Users located within the contributing municipality’s
jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the
Director; and

h. A provision specifying remedies available for breach of the terms of the intermunicipal agreement.

13.12.140 Reporting requirements.

A. Wastewater Analysis.

When requested by the Director, a User must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The Director is authorized to prepare a form for this purpose and may periodically require Users to update this information.

B. Baseline Monitoring Reports for Categorical Industrial Users.

1. Within either one hundred eighty (180) days after the effective date of a categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing Categorical Industrial Users currently discharging to, or scheduled to discharge to the POTW, shall submit to the Director a report which contains the information listed in Paragraph B.2., below. At least ninety (90) days prior to commencement of their discharge, New Sources, and sources that become Categorical Industrial Users subsequent to the promulgation of an applicable categorical Standard, shall submit to the Director a report which contains the information listed in paragraph B.2., below.

A New Source shall report the method of pretreatment it intends to Attachment 1

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use to meet applicable categorical Standards. A New Source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

2. Users described above shall submit the information set forth below:

a. All information required in Sections 13.12.120, D. (Individual Wastewater Discharge Permits) of this Code.

b. Measurement of pollutants. The User shall provide the information required in Section 13.12.120, D.2. (Individual Wastewater Discharge Permits) of this Code.

c. The User shall take a minimum of one representative sample to compile that data necessary to comply with the
requirements of this paragraph.

d. Samples should be taken immediately downstream from
pretreatment facilities if such exist or immediately
downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the User should measure the flows and concentrations necessary to allow use of the
combined waste stream formula in 40 CFR 403.6(e) to
evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limits along with supporting data shall be submitted to the City.

e. Sampling and analysis shall be performed in accordance with paragraph J. of this Section.

f. The Director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

g. The baseline report shall indicate the time, date, and place of sampling and methods of analysis; and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant Discharges to the POTW.

h. Compliance Certification. A statement, reviewed by the User’s Authorized Representative as defined in Section 13.12.040, D. (Definitions) of this Code and certified by a qualified professional, indicating whether Pretreatment Standards are Attachment 1

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being met on a consistent basis, and, if not, whether additional O&M and/or additional pretreatment is required to meet the Pretreatment Standards and Requirements.

i. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the Pretreatment Standards, the shortest schedule by which the User will provide such
additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. A compliance schedule pursuant to this Section must meet the requirements set out in paragraph C. of this Section.

j. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with paragraph N.1. of this Section and signed by an Authorized Representative as defined in Section 13.12.040, D. (Definitions) of this Code.

C. Compliance Schedule Progress Reports for Categorical Industrial Users.

The following conditions shall apply to the compliance schedule:

1. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to meet the applicable Pretreatment Standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation).

2. No increment referred to above shall exceed nine (9) months.

3. The User shall submit a progress report to the Director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the User to return to the established schedule.

4. In no event shall more than nine (9) months elapse between such progress reports to the Director.

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D. Reports on Compliance with Categorical Pretreatment Standard Deadline.

Within ninety (90) days following the date for final compliance with applicable categorical Pretreatment Standards, or in the case of a New Source following commencement of the introduction of wastewater into the POTW, any User subject to such Pretreatment Standards and Requirements shall submit to the Director a report containing the information described in Section 13.12.120 D. (Individual Wastewater Discharge Permits) of this Code and paragraph B. of this section. For Users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 13.12.060 (National Categorical Pretreatment Standards) of this Code, this report shall contain a reasonable measure of the User’s long-term production rate. For all other Users subject to categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the User’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with paragraph N.1. of this Section. All sampling will be done in conformance with paragraph K. of this Section.

E. Periodic Compliance Reports for Significant Industrial Users.

1. All SIUs are required to submit periodic compliance reports, at a frequency determined by the Director, no less than twice per year (June and December) indicating the nature, concentration of pollutants in the discharge which are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a BMP or pollution prevention alternative, the User must submit documentation required by the Director or the Pretreatment Standard necessary to determine the compliance status of the User.

2. All periodic compliance reports must be signed and certified in accordance with paragraph N.1. of this Section.

3. All wastewater samples must be representative of the User’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge.

4. If a User subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director, using the procedures Attachment 1

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described in paragraph K. of this Section, the results of this monitoring shall be included in the report.

5. Users that send electronic (digital) documents to the City to satisfy the requirements of this Section must email documents to the email address set forth in the User’s permit or such other email address as established by the City from time to time.

F. Reports of Changed Conditions.

1. Each User must notify the Director of any significant changes to the User’s operations or system which might alter the nature, quality or volume of its wastewater at least sixty (60) days before the change.

2. The Director may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 13.12.120, D. (Individual Wastewater Discharge Permits) of this Code.

3. The Director may issue a wastewater discharge permit under Section

13.12.130, F. (Wastewater Discharge Permit Issuance) of this Code or modify an existing wastewater discharge permit under Section

13.12.130, C. (Wastewater Discharge Permit Issuance) of this Code in response to changed conditions or anticipated changed conditions.

G. Reports of Potential Problems.

1. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a Slug Discharge or Slug Load, that might cause potential problems for the POTW, the User shall immediately telephone the City’s Engineering main line (805-773- 4656) during business hours, or the non-emergency Police Department dispatch line (805-773-2208) outside of business hours; and notify the Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the User.

2. Within five (5) days following such a discharge, the User shall, unless waived by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not relieve the User of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural Attachment 1

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resources, or any other damage to person or property; nor shall such notification relieve the User of any fines, penalties, or other liability which may be imposed pursuant to this Chapter.

3. A notice shall be permanently posted on the User’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in paragraph A. above. A User shall ensure that all its employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.

4. Significant Industrial Users are required to notify the Director immediately of any changes at its facility affecting the potential for a Slug Discharge.

H. Reports from Unpermitted Users.

All Users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as the Director may require.

I. Notice of Violation/Repeat Sampling and Reporting.

If sampling performed by a User indicates a violation, the User must notify the Director within twenty-four (24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. Resampling by the Industrial User is not required if the City performs sampling at the User’s facility at least once per month, or if the City performs sampling at the User’s facility between the time when the initial sampling was conducted and the time when the User or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the Industrial User.

J. Analytical Requirements.

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Director or other parties approved by the EPA.

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K. Sample Collection.

1. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

2. Except as indicated in Subsection 3. below, the User must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director. Where time- proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows:

a. For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field.

b. For volatile organics and oil and grease, the samples may be composited in the laboratory.

c. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA
methodologies may be authorized by the City, as appropriate.

d. In addition, grab samples may be required to show
compliance with Instantaneous Limits.

3. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

4. For sampling required in support of baseline monitoring and 90-day compliance reports required in paragraphs B. and D. of this Section, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist. For facilities for which historical sampling data are available, the Director may authorize a lower minimum. For the reports required by paragraph E. of this Section, the Industrial User is required to collect the number of grab samples necessary to assess and assure Attachment 1

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compliance by with applicable Pretreatment Standards and Requirements.

L. Date of Receipt of Reports.

Written reports submitted by mail will be deemed to have been submitted three business days after the date postmarked. Reports submitted electronically will be deemed to have been submitted the date received .

M. Recordkeeping.

Users subject to the reporting requirements of this Chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and documentation associated with Best Management Practices established under Section 13.12.080 of this Code. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the User or the City, or where the User has been specifically notified of a longer retention period by the Director.

N. Certification Statements.

1. Certification of Permit Applications, User Reports, and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by Users submitting permit applications in accordance with Section 13.12.120, D. (Individual Wastewater Discharge Permits) of this Code; users submitting baseline monitoring reports under paragraph B. of this Section; users submitting reports on compliance with the categorical Pretreatment Standard deadlines under paragraph D. of this Section; users submitting periodic compliance reports required by paragraph E. of this section; and users submitting an initial request to forego sampling of a pollutant on the basis of paragraph E. of this Section.

The following certification statement must be signed by an Authorized Representative as defined in Section 13.12.040, D. (Definitions) of this Code:

“I certify under penalty of perjury that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified Attachment 1

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personnel properly gather and evaluate the information submitted.

Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

2. Annual Certification for Non-Significant Categorical Industrial Users.

A facility determined to be a Non-Significant Categorical Industrial User by the Director pursuant to Section 13.12.040 UU.3. (Definitions) of this Code must annually submit the following certification statement signed in accordance with the signatory requirements in Section 13.12.040 D. (Definitions) of this Code. This certification must accompany an alternative report required by the Director:

“Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR (categorical code), I certify that, to the best of my knowledge and belief that during the period from [month, day, year] to [month, day, year], the facility described as [facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 13.12.040 UU.3 (Definitions) of the Pismo Beach Municipal Code; the facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.”

13.12.150 Fats, Oil, and Grease (FOG) control program.

A. The purpose of the FOG Control Program is to reduce Sanitary Sewer Overflows and blockages, and to protect public health and the environment by minimizing public exposure to unsanitary conditions. Controlling the discharge of fats, oils and/or grease to the wastewater collection system, excessive buildup in sewer lines can be lessened, thereby increasing the system’s operating efficiency and reducing the number of sewer line blockages and overflows.

B. General FOG Discharge Prohibitions.

No Food Service Establishment (FSE) shall discharge or cause to be discharged into the sewer system FOG that may accumulate and/or cause Attachment 1

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or contribute to blockages in the sewer system or at the sewer lateral which connects the FSE to the sewer system.

C. Specific FOG Prohibitions. The following specific prohibitions shall apply to all FSEs:

1. Discharge of any FOG-containing wastewater that is not connected to a grease removal device is prohibited.

2. Non-grease laden sources such as, but not limited to, hand-wash sinks, toilets, urinals, and storm water, shall not be connected to a grease removal device.

3. No dishwasher shall be connected to a grease trap.

4. Discharge of wastewater with temperatures in excess of one hundred fifty degrees (150°) F (sixty-five and six-tenths degrees (65.6°) C) into any grease trap is prohibited.

5. Direct disposal of any waste cooking oil into any drain or cleanout that is connected to the sewer system is prohibited.

6. Introduction of any additive into a grease removal device or directly into the sewer system for the purpose of emulsifying FOG, biologically/chemically treating FOG for grease remediation, or as a supplement to any grease removal device maintenance is prohibited, unless specifically authorized in writing by the Director.

7. Discharge of any waste which has been removed from a grease removal device into the sewer system is prohibited.

D. FOG Best Management Practices.

1. All FSEs shall implement BMPs to minimize the discharge of FOG to the sewer system, including, but not limited to, the following, as applicable:

a. Installation of Drain Screens. Drain screens shall be installed on all drainage pipes in food preparation areas.

b. Segregation and Collection of Waste Cooking Oil. All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling
receptacles shall be maintained properly to ensure that they do not leak. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil.

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c. Disposal of Food Waste. All food waste should be disposed of directly into the organics recycling cart per SB 1383 (California Short-Lived Climate Pollutant Reduction law).

d. Employee Training. Employees of the FSE shall be trained by ownership/management periodically as specified here:

i. Dry-wiping pots, pans, dishware and work areas before washing to remove grease.

ii. Properly disposing food waste and solids in plastic bags prior to disposal in trash bins or containers to
prevent leaking and odors. The use of garbage
disposals is discouraged.

iii. The location and use of absorption products to clean under fryer baskets and other locations where grease
may be spilled or dripped.

iv. Properly disposing grease or oils from cooking
equipment into a proper grease receptacle without
spilling.

v. Training shall be documented along with employee
signatures. Training records shall be available for
review at any time by authorized representatives of the City.

vi. Maintenance of Mechanical Exhaust Ventilation Filters.

Filters shall be cleaned as frequently as necessary to
be maintained in good operating condition. The
wastewater generated from cleaning exhaust filters
shall be disposed of in accordance with this chapter.

vii. Kitchen Signage. Best management and waste
minimization practices shall be posted conspicuously
in the food preparation and dishwashing areas at all
times.

viii. Spill Plan. Each FSE shall have a plan that will be followed in the event of a spill and all employees should be trained on proper spill clean-up.

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E. FOG Pretreatment Required for New and Existing FSEs.

1. FSEs are required to install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this Section, subject only to the variance and waiver provisions and other exceptions of this Section.

The grease interceptor shall be adequate to separate and remove FOG contained in wastewater discharges from FSEs prior to discharge to the sewer system. Fixtures, equipment, and drain lines located in the food preparation and cleanup areas of FSEs that are sources of FOG discharges shall be connected to the grease interceptor.

2. New FSEs shall include and install grease interceptors prior to commencing discharges of wastewater to the sewer system.

3. Existing FSEs shall install grease interceptors in any of the following circumstances:

a. When the FSE changes ownership;

b. When any change in operation results in or has the potential to result in the increase of the amount of FOG generated and/or discharged by FSE in an amount that alone or
collectively causes or creates a potential Sanitary Sewer Overflow (SSO) to occur;

c. When it is determined by the Director that the FSE caused or contributed to grease-related blockages in the sewer system, has sewer laterals connected to hot spots, or has been
determined to contribute significant FOG to the sewer system, based on inspection and sampling;

d. During a remodel that relocates cooking or cleaning facilities, increases cooking capacity, or changes the type of cooking at the facility;

e. Any other time the Director reasonably determines that installation of a grease interceptor is necessary to avoid an adverse impact to the sewer system.

f. Any Existing FSE that receives a notice from the Director to install a grease interceptor must install the interceptor within one hundred eighty (180) days unless otherwise required by the Director.

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F. Variance of Grease Interceptor Requirement.

1. Notwithstanding any other provision in this Section, an Existing FSE may obtain a variance, at the Director’s discretion, from the grease interceptor requirement to allow alternative pretreatment technology that is equally effective in controlling the FOG discharge in lieu of a grease interceptor. One such type of alternative pretreatment technology is a grease trap. Consideration of granting the variance will be based on the following:

a. There is insufficient space for installation and/or maintenance of a grease interceptor.

b. There is inadequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection line or the public sewer.

c. The FSE can demonstrate, to the satisfaction of the Director, that the alternative pretreatment technology is equivalent or better than a grease interceptor in controlling FOG. In addition, the FSE must be able to demonstrate, after
installation of the proposed alternative pretreatment
technology, its continued ability to effectively control FOG discharge.

d. The variance may be rescinded if subsequent monitoring shows accumulation of FOG in the sewer lateral or the
collection system downstream of the FSEs connection or if the FSE caused or contributed to a Sanitary Sewer Overflow. A grease interceptor must be installed within one hundred eighty (180) days of the rescission of a variance.

G. Cost Recovery for FOG.

All costs incurred for cleaning the sewer line to remove FOG buildup caused or contributed to by an FSE shall be reimbursed to the City by the FSE.

H. Grease Interceptor Requirements.

1. Any FSE that is required to provide FOG pretreatment shall install operate and maintain an approved type and properly sized grease interceptor, or other grease removal device authorized under an approved variance, necessary to maintain compliance with the purpose of the FOG Control Program.

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2. Approved grease interceptor sizing and installation shall conform to the latest approved edition of the California Plumbing Code including any local amendments thereto.

3. Grease interceptors shall be constructed in accordance with the design approved by the Director and shall have a minimum of two compartments with fittings designed for grease retention.

4. Grease interceptors shall be installed at a location where it is easily accessible for inspection, cleaning, and removal of accumulated grease.

5. Grease interceptors may not be installed in any part of the building where food is handled.

6. If a location is not available on the property of the FSE, the FSE shall contact the City Engineer and the Director to determine a suitable location.

7. There will be no obstruction of the grease interceptor from landscaping or parked vehicles.

8. Access manholes, with a minimum diameter of twenty-four (24) inches, shall be provided over each grease interceptor chamber and sanitary tee. The manholes shall also have readily removable covers to facilitate inspection, grease removal and wastewater sampling activities.

9. The original design of the grease interceptor shall not be modified unless the manufacturer recommends the modification in writing.

10. Any modification will be at the FSEs expense.

11. The City is not liable for any non-compliance as a result of any modification.

12. The Director may require other pretreatment measures or modifications to improve the effectiveness of the grease interceptor.

13. Connections to the grease interceptor shall be approved by the Director, and the Director may require connections to be removed.

I. Grease Interceptor Maintenance Requirements.

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including wastewater, accumulated FOG, floating materials, sludge and solids.

2. No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral, sewer system, storm drain, or public right of way during maintenance activities.

3. The City can require FSEs that are in an area that requires frequent sewer line cleaning from FOG buildup to submit data and other necessary information to establish a required maintenance frequency for their grease interceptor.

4. The maintenance frequency for all FSEs with a grease interceptor shall be determined in one of the following methods:

5. Grease interceptors shall be fully pumped out and cleaned at a frequency such that the combined FOG and solids accumulation does not exceed the 25% Rule. The interval between cleaning will be established by the Director, but shall occur at a minimum of four times per year.

6. The owner/operator of an FSE may submit a request to the Director asking for a change in the maintenance frequency at any time. The FSE has the burden of responsibility to prove that the change reflects actual operating conditions based on the average FOG accumulation over time, and meets the requirements of the 25% Rule. The FSE must also show that it is in full compliance with this Section.

7. If the grease interceptor contains, at any time, FOG and solids accumulation that exceeds the 25% Rule, the FSE shall be required to have the grease interceptor serviced immediately so that all FOG, sludge and other materials are completely removed from the interceptor. If necessary, the FSE may be required to increase the maintenance frequency of the grease interceptor from its current frequency.

8. Wastewater, accumulated FOG, floating materials, sludge, solids, and other materials removed from the grease interceptor shall be disposed offsite properly by licensed waste haulers or recyclers in accordance with federal, state, and/or local regulations.

J. Grease Trap Requirements.

1. Grease traps may be authorized by the Director with the following conditions:

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2. Grease traps shall be installed in waste lines leading from drains, sinks and other fixtures or equipment where grease may be introduced into the sewer system in quantities that can cause blockage.

3. Grease traps shall be properly sized and installed in accordance with the latest approved edition of the California Plumbing Code, including any local amendments thereto.

4. The original design of the grease trap shall not be modified unless the manufacturer recommends the modification in writing.

5. Any modification will be at the FSE’s expense.

6. The City is not liable for any non-compliance as a result of any modification.

7. Grease traps shall be maintained in efficient operating conditions by removing accumulated grease. The interval between cleaning will be established by the Director, but shall occur at a minimum of four (4) times per year. Baffles shall be removed and cleaned during the maintenance process, when applicable.

8. Grease traps shall be kept free of all food residues and any FOG waste removed during the cleaning and scraping process.

9. Grease traps shall be inspected periodically to check for leaking seams and pipes and for effective operation of the baffles and flow regulating devices.

10. Grease traps and their baffles shall be maintained free of all caked on FOG and waste.

11. Dishwashers and food waste disposal units shall not be connected to or discharged into any grease trap.

12. The temperature of any water entering a grease trap shall not exceed one hundred fifty degrees (150°) F (sixty-five and sixth-tenths degrees (65.6°) C).

K. FOG Monitoring Requirements.

1. The Director may require, an FSE to construct and maintain in proper operating condition, at the FSE’s sole expense, flow monitoring, constituent monitoring, and/or sampling devices.

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2. The location of monitoring or metering devices shall be subject to approval by the Director.

3. At all times, FSEs shall provide immediate, clear, safe and uninterrupted access to authorized representatives of the City to all monitoring and metering devices.

4. The amount of grease and food solids in the grease trap/interceptor must be determined and recorded by measuring the grease layer, food solids and water layer.

5. FSEs may be required by the Director to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation and maintenance of any grease removal device and compliance with this Section.

L. FOG Record Keeping Requirements.

FSEs shall keep all records, including manifests, receipts and invoices of all cleaning and maintenance of grease removal devices for a period of three years after the date of their creation. All records shall be made available to authorized representatives of the City upon request. In addition to the above-mentioned documents, records include logbooks of maintenance activity, BMPs and employee training, sampling data, spill reports, line cleaning reports, and any other information deemed appropriate by the Director to ensure compliance with the FOG Control Program and this Section.

13.12.160 Compliance monitoring.

A. Right of Entry: Inspection and Sampling.

1. The Director shall have the right to enter the premises of any User to determine whether the User is complying with all requirements of this Chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records, examination and copying, and the performance of any additional duties.

2. Where a User has security measures in force which require proper identification and clearance before entry into its premises, the User shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director shall be permitted to enter without delay for the purposes of performing such Attachment 1

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inspection, sampling, examination and copying as deemed appropriate by the Director.

3. The Director shall have the right to set up on the User’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the User’s operations.

4. The Director may require the User to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the User at its own expense. All devices used to measure wastewater flow and quality shall be calibrated as established by the Director and no less than recommended by the manufacturer to ensure their accuracy.

5. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the User at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be born by the User.

6. Unreasonable delays in allowing the Director access to the User’s premises shall be a violation of this Chapter.

13.12.170 Confidential information.

Confidential Information. Information and data on a User obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, monitoring programs, City inspection, and sampling activities, shall be available to the public without restriction, unless the User specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state or federal law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the User furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.

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13.12.0180 Publication of Users in Significant Noncompliance

A. Publication of Users in Significant Noncompliance.

1. The Director shall publish annually a list of the Users which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements. The term Significant Noncompliance shall be applicable to all Significant Industrial Users (or any other Industrial User that violates paragraphs c., d., or h. of this paragraph) and shall mean:

a. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six (6) month period exceed (by any
magnitude) a numeric Pretreatment Standard or
Requirement, including Instantaneous Limits as established in Section 13.12.050 (Prohibited Discharge Standards).

b. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of
wastewater measurements taken for each pollutant
parameter during a six (6) month period equal or exceed the product of the numeric Pretreatment Standard or
Requirement including Instantaneous Limits, as established in Section 13.12.050 (Prohibited Discharge Standards) of this Code multiplied by the applicable criteria (one and four-tenths (1.4) for BOD, TSS, fats, oil and grease; one and two-tenths (1.2) for all other pollutants except pH).

c. Any other violation of a Pretreatment Standard or
Requirement as defined by Section 13.12.050 (Prohibited Discharge Standards) of this Code or Requirement including Instantaneous Limits, as established in Section 13.12.050 (Prohibited Discharge Standards) of this Code (Daily
Maximum, long-term average, Instantaneous Limit, or
narrative standard) that the Director determines has caused, alone or in combination with other discharges, Interference or Pass Through, including endangering the health of the POTW personnel or the general public.

d. Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Director’s exercise of its emergency authority to halt or prevent such a discharge.

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e. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final compliance.

f. Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical Pretreatment Standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules.

g. Failure to accurately report noncompliance.

h. Any other violation(s) which the Director determines will adversely affect the operation or implementation of the local pretreatment program.

13.12.190 Administrative enforcement remedies.

A. Notification of Violation.

When the Director finds that a User has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may serve upon that User a written Notice of Violation. Within ten (10) days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the User to the Director.

Submission of such a plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.

B. Consent Orders.

The Director may enter into Consent Orders, assurances of compliance, or other similar documents establishing an agreement with any User responsible for noncompliance. Such documents shall include specific action to be taken by the User to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to paragraphs D. and E. of this Section and shall be judicially enforceable.

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C. Show Cause Hearing.

The Director may order a User which has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit, order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fifteen (15) days prior to the hearing. Such notice may be served on any Authorized Representative of the User as defined in Section 13.12.040 D. (Definitions) of this Code and required by Section 13.12.140 N.1. (Reporting Requirements) of this Code. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the User.

D. Compliance Orders.

When the Director finds that a User has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit, order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may issue an order to the User responsible for the discharge directing that the User come into compliance within a specified time. If the User does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the User of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the User.

E. Cease and Desist Orders.

1. When the Director finds that a User has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit, order issued hereunder, any other Pretreatment Standard or Requirement, or that the User’s past violations are likely to recur, the Director may issue an order to the User directing it to cease and desist all such violations and directing the User to:

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1. Immediately comply with all requirements; and

2. Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the User.

F. Administrative Fines.

1. When the Director finds that a User has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit, order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may fine such User in an amount not to exceed one thousand dollars ($1,000). Fines shall be assessed on a per-violation, per-day basis and are subject to misdemeanors. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

2. Unpaid charges, fines, and penalties shall, after ten (10) business days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (1%) per month. A lien against the User’s property may be sought for unpaid charges, fines, and penalties.

3. Users desiring to dispute such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within ten (10) business days of the date such fine is imposed. Where a request is not clearly frivolous, the Director may convene a hearing on the matter. In the event the User’s appeal is successful, the payment shall be returned to the User. The Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

4. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the User.

G. Emergency Suspensions.

1. The Director may immediately direct a User to suspend a User’s discharge, after informal notice to the User, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The Director may also immediately direct a User to suspend a User’s Attachment 1

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discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

2. Any User directed to suspend its discharge shall immediately stop or eliminate the discharge. In the event of a User’s failure to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or
endangerment to any individuals. The Director may allow the User to recommence its discharge when the User has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings in paragraph H. of this Section, are initiated against the User.

3. A User that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Director prior to the date of any show cause or termination hearing under paragraphs C. and H. of this Section.

4. Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency Suspension under this Section.

H. Termination of Discharge.

In addition to the provisions in Section 13.12.130 E. (Wastewater Discharge Permit Issuance) of this Code, any User who violates the following conditions is subject to discharge termination:

1. Violation of wastewater discharge permit conditions.

2. Failure to accurately report the wastewater constituents and characteristics of its discharge.

3. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge.

4. Refusal of reasonable access to the User’s premises for the purpose of inspection, monitoring, or sampling.

5. Violation of the Pretreatment Standards in Section 2 (General Sewer Use Requirements) of this Chapter.

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6. Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under paragraph C. of this Section why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the User.

13.12.200 Judicial enforcement remedies.

A. Injunctive Relief.

When the Director finds that a User has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit, an order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may petition the Superior Court of San Luis Obispo County through the City’s Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this Chapter on activities of the User. The Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the User to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a User.

B. Criminal Prosecution.

1. A User who willfully or negligently violates any provision of this Chapter, a wastewater discharge permit, order issued hereunder, or any other Pretreatment Standard of Requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) per violation per day, or imprisonment for not more than six (6) months, or both.

2. A User who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of not more than one thousand dollars ($1,000) per violation per day, or imprisonment for not more than six (6) months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

3. A User who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation files, or required to be maintained, pursuant to this Chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter, shall, be Attachment 1

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guilty of a misdemeanor, and be subject to a penalty of not more than one thousand dollars ($1,000) per violation per day, or imprisonment for not more than six (6) months, or both.

C. Remedies Nonexclusive.

The remedies provided for in this Chapter are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant User. Enforcement of pretreatment violations will generally be in accordance with the City’s enforcement response plan. However, the Director may take other action against any User when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant User.

13.12.210 Severability.

If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.

SECTION 3.

Chapter 13.14 Sewer Use of the Pismo Beach Municipal Code is hereby revised to read as follows:

Chapter 13.14 SEWER USE

13.14.010 Federal requirements.

To comply with the Federal Water Pollution Control Act (Public Law (P.L.) 92-500) and the Clean Water Act of 1977 (P.L. 95-217), the City operates a wastewater treatment facility, conveyance pipelines, and outfall to serve the needs of City residents and other users of the City's wastewater collection, treatment, and disposal facilities. This wastewater treatment facility is funded in part by clean water grant funds.

13.14.020 Authority and conflict.

This chapter is enacted pursuant to Health and Safety Code Chapter 3 (commencing at Section 4700 et seq.) and Government Code Section 38900. In the case of any conflict between the provisions of this chapter and those of the state codes noted in this Section, the later shall prevail.

All provisions of this chapter are applicable to all users of the sewerage system including all users whose connection to the sewerage system is located outside Attachment 1

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the corporate boundaries of the City and to all premises or property requiring sewer connections under the provisions of Section 13.14.060 of this Code.

13.14.030 Abbreviations.

The following abbreviations, when used in this Chapter, shall have the designated meanings:

Act – Federal Water Pollution Control Act or Clean Water Act BOD – Biochemical Oxygen Demand
C – Celsius
City – City of Pismo Beach
Director – Director of Public Works for the City
F – Fahrenheit
mg/L – milligrams per liter
NPDES – National Pollutant Discharge Elimination System POTW – Publicly Owned Treatment Works

13.14.040 Definitions.

A. “Building Sewer” means that part of the horizontal sewer system (sewer lateral) which extends from a point two feet outside of the building to the point of connection with the public sewer main or private wastewater disposal system.

B. “Bypass” means the intentional diversion of waste streams from any portion of a treatment facility.

C. “City” means the City of Pismo Beach, California.

D. “Diluting waters” means water added to waste to make the waste compatible with the requirements and standards of the City.

D. “Director” means the Director of Public Works of the City of Pismo Beach, or their representative.

E. “Domestic wastes” consists of waste discharging from the sanitary conveniences principally of dwellings (including apartment houses and motels), restaurants, office buildings, institutions, and the like.

F. “Engineer” means the City Engineer.

G. “Interference” means discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City’s NPDES permit Attachment 1

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or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

H. “Pass Through” means discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City’s NPDES permit, including an increase in the magnitude or duration of a violation.

I. “Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

13.14.050 Sewer connections.

Sections 13.14.060 through 13.14.0190 of this Code are applicable to all users of the sewerage system, including all users whose sewerage connection is located outside the City.

13.14.060 Connection to City sewerage system required.

Except as provided in this chapter, the owner of every premises situated within the City is required to:

A. Install at the owner’s expense all building sanitary waste plumbing and building sewers therein or thereon. Such installation shall be done as soon as is practicable, as determined by the Director; however, no building intended for occupancy shall receive final approval of a building permit until all required on- and off-site work is completed;

B. At the owner’s expense, connect such premises with the proper public sanitary sewer in accordance with the provisions of this chapter and with adopted City standards. This is to be done no later than six (6) months following official notice from the Director.

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13.14.070 Exceptions to required connection.

Connection of a premises to a private disposal system may be allowed, as provided in this chapter and the California Plumbing Code, including any local amendments thereto, where:

A. No public sewer is located within two hundred (200) feet of any property line of said premises; or

B. Connection to the public sewer is prohibited by a duly authorized government agency.

13.14.080 Permit required prior to connection.

No person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a permit from the Director.

13.14.090 Permit application procedure.

Applications for connections to a City sewer shall in every case be made by the owner or owner’s agent on a form furnished by the City. Each application shall be supplemented by such plans, specifications, analyses of strength and quantity of wastewater to be produced, flow data, or other information as shall, in the judgement of the Director, be considered pertinent.

13.14.100 Cost of sewer connection.

Any connection to the sewerage system, including the piping within any public right-of-way, shall be installed at the sole expense of the owner of the property served. Such connections shall not be made without prior authorization of the Director, receipt of an acceptable complete application, and payment of all applicable fees and charges.

13.14.110 Owner to indemnify City from loss.

The owner(s) shall indemnity the City from any loss or damage that may directly or indirectly be occasioned by the installation of a building sewer.

13.14.120 Permit to connect does not convey vested right.

The holder of all permits issued hereunder shall be subject at all times to all applicable federal, state, county and City laws and regulations. At no time and in no way shall the holder of any permit acquire or be regarded as having acquired a vested or continuing right to maintain or to have continued connection to the sewerage system.

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13.12.130 Standards for physical connections.

All connections to the sewerage system shall be in accordance with the standards specified in this chapter.

13.14.140 Separate building sewer required for every building and parcel.

A separate and independent building sewer shall be provided for every building and parcel.

13.14.150 Building sewer to meet code requirements.

The size, slope, alignment, the materials of construction, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench for a building sewer, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the City. Whenever practical, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage carried by such building drain shall be lifted by a means approved by the Director and discharged to the building sewer.

13.14.160 Connection of building sewers to City sewer to be gas-tight and water-tight.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the City, and to the procedures set forth in appropriate specifications of the Water Pollution Control Federation Manual of Practice No. 9. All such connections shall be made gas-tight and water-tight and shall be verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Director before installation.

13.14.170 Excavation to be adequately guarded with barricades.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in accordance with City standards.

13.14.180 Inspection and testing of new connections required.

The applicant for the building sewer permit shall notify the Director when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Director.

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13.14.190 Building sewer to be maintained in water-tight and gas-tight condition.

Each owner of a building sewer shall maintain the sewer in a water-tight and gas- tight condition at all times. Except during inspection, testing or cleaning, all openings required by the plumbing and building codes for inspection, testing and cleaning shall be sealed with a suitable gas-tight plug. Plugs shall not be removed to drain yards, basements, crawl spaces or driveways. All defects in the building sewer which prevent it from being gas-tight and water-tight shall be repaired by the owner within ninety days after notification by the City, and the repaired and tested sewer shall be subject to inspection by the City to verify that a satisfactory repair has been made.

13.14.200 Sewer use regulations.

Sewer use regulations are as set out in Sections 13.14.210 through 13.14.300 of this Code.

13.14.210 Discharge into City storm drain prohibited.

It shall be unlawful to discharge within the City any wastewater or polluted waters into any storm drain or natural outlet or channel. All sewage, waste and wastewater shall be discharged to the sewerage system except as hereinafter provided.

13.14.220 Discharges to City sewerage system shall be regulated.

All discharges to the sewerage system shall comply with the regulations put forth in this chapter. No Person shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes Bypass, Pass Through or Interference including:

A. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred forty degrees (140º) F (sixty degrees (60º) C) using the test methods specified in 40 CFR 261.21;

B. Wastewater having a pH less than six and zero tenths (6.0) or more than nine and zero tenths (9.0), or otherwise causing corrosive structural damage to the POTW or equipment;

C. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in Interference but in no case solids greater than one half inch (0.5”) or one and twenty-seven-hundredths centimeters (1.27 cm) in any dimension;

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D. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause Interference with the POTW;

E. Wastewater having a temperature greater than one hundred fifty degrees (150º) F (sixty-five and six-tenths degrees 65.6 C), or which will inhibit biological activity in the treatment plant resulting in Interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees (104º) F (forty degrees (40º)C);

F. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through;

G. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

H. Trucked or hauled pollutants, except in accordance with Section 13.12.110 D. (Hauled Wastewater) of this Code;

I. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

J. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the City’s NPDES permit;

K. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;

L. Sludges, screenings, or other residues from the pretreatment of industrial wastes;

M. Medical wastes, except as specifically authorized by the Director in a wastewater discharge permit;

N. Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail toxicity test;

O. Detergents, surface-active agents, or other substances which that might cause excessive foaming in the POTW;
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P. FOG of animal or vegetable origin in concentrations greater than 100 mg/L;

Q. Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than ten percent (10%) or any single reading over five percent (5%) of the Lower Explosive Limit of the meter.

R. Radiological, chemical, or biological warfare agent or high-level radioactive waste.

S. Amalgam or waste discharge containing mercury.

13.14.230 Prohibition on discharge of surface waters.

No person shall discharge or cause to be discharged any rainwater, storm water, groundwater, street drainage, subsurface drainage or yard drainage into any pipe which is directly or indirectly connected to the sewerage system.

13.14.240 Prohibition of use of diluting waters.

The use of diluting waters is prohibited.

13.14.250 Prohibition on discharge of other unpolluted water.

Unpolluted water, including but not limited to cooling water, process water or blowdown from cooling towers or evaporative coolers, shall not be discharged through direct or indirect connections to a City sewer unless a wastewater discharge permit is issued by the City.

13.14.260 Limitations on the use of garbage grinders.

Waste from garbage grinders shall not be discharged into the sewerage system except:

A. Wastes generated in preparation of food normally consumed on the premises, such as in a home or restaurant, including “fast food” restaurants;

B. In other cases where the user has obtained a special permit for that specific use from the Director, and agrees to undertake whatever self-monitoring is required to enable the Director to equitably determine the charges and fees based on the waste constituents and characteristics. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the sewerage system, with no particle greater than one half inch (0.5”) or one and twenty-seven-hundredths centimeters (1.27 cm). Garbage grinders shall not be used for refuse, or Attachment 1

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other waste products resulting from the handling, storage and sale of fruits and vegetables in wholesale and retail produce establishments, or wastes from plants engaged in the preparation, processing or preserving of foods not intended primarily for immediate consumption. Such discharge shall not cause the City to violate water quality requirements imposed on it by state or federal regulatory agencies.

13.14.270 Prohibition on discharge of stored liquid wastes.

Liquid wastes that have been collected and held in tanks or containers shall not be discharged into the sewerage system, unless first approved in writing by the Director, and unless payment of processing charges has been made. Wastes of this category include but are not limited to:

A. Septic tank pumpings;

B. Chemical toilet wastes;

C. Pleasure boat wastes;

D. Industrial wastes collected in containers or tanks;

E. Any other material classified as domestic waste, including chemicals and other materials stored on the premises of the user which might directly or indirectly enter the sewerage system, accidentally or otherwise.

13.14.280 Inspections—Access to premises.

The Director or the health officer of the county or any authorized representative of either the public works department or the health department is authorized to make such inspections as such department may deem necessary at any reasonable time in any building, premises, or lot for any of the purposes hereinafter mentioned in this Section. No person shall interfere with, prevent or refuse to permit such authorized persons to enter any building, premises or lot at any reasonable time for any of the following purposes:

A. To determine the size, depth, and location of any sewer connection;

B. To determine the outlet of any sewer connection by depositing harmless testing materials in any plumbing fixture attached thereto and flushing the same, if necessary;

C. To determine by measurements and samples the quantity and nature of the sewage or wastewater being discharged into any sewer;

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D. To determine the location of the roof, swimming pool, floor and surface drains and whether or not they connect to a sewer.

13.14.290 Limitations on point of discharge.

No person shall discharge any substances directly into a manhole or similar opening in a City sewer; all such discharges shall be through an approved building sewer.

13.14.300 Special agreement or arrangement allowed.

No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the City and any person or industrial concern whereby any water or waste of unusual strength or, character or composition may be accepted by the City for treatment. Such agreements may be allowed when in the opinion of the Director compelling circumstances warrant an exception. In the event that any such special agreement or arrangement shall involve additional or extraordinary expense to the City, such person will be required to reimburse the City therefor, and to post with the City a payment bond or other such financial guarantee, as shall be acceptable to the City.

13.14.310 Sewer service charges.

The City Council will by resolution from time to time, establish sewer service charges.

13.14.320 Enforcement.

It shall be the duty of the Director of Public Works of the City to enforce the provisions of this title.

13.14.330 Citation authority.

A. The Director or Director’s agents are granted the authority as provided in Penal Code Section 836.5(a) to issue citations or make arrests for violations of this code.

B. Citations authorized are declared cumulative in nature for every day the violation exists once the citation is issued.

C. Citation authority is granted for violations which, under state law, constitute infractions or misdemeanors.

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13.14.340 Liability of City.

A. Nothing in this title shall be construed as imposing upon the City or any of its officers, employees or agents, any liability or responsibility for injury or damage resulting from work approved or performed under any construction permit issued, or inspection conducted under this title.

B. No person shall be relieved from the responsibility to comply with the requirements of this title because of an error or omission by an officer, employee or agent of the City.

13.14.350 Violation—Penalty.

A. Infractions. Except as specified in paragraph B. of this Section, any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title, or any code adopted by reference, shall be guilty of an infraction. Any person convicted of an infraction under the ordinances of this City shall be punished by the imposition of a fine only, without any imprisonment, as follows:

1. A fine not exceeding one hundred dollars ($100) for the first violation;

2. A fine not exceeding two hundred dollars ($200) for a second violation of this title within a twelve (12) month period; or

3. A fine not exceeding two hundred fifty dollars ($250) for a third violation of this title within a twelve (12) month period.

B. Misdemeanors. Any violation subsequent to the third offence in the same twelve (12) month period shall be classified as a misdemeanor and if convicted is punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed six (6) months, or by both fine and imprisonment.

C. Each Day is a Separate Offense. Each and every day, or portion thereof, that any violations of this title shall continue shall constitute a separate offense. The person permitting or committing such offenses may be charged with separate offenses for each such violation and punished accordingly.

D. Civil Remedies and Penalties. Any person, whether acting as principal, agent, employee or otherwise, who violates the provisions of this title, or any rule, regulation, order or permit issued thereunder, shall be liable for a civil penalty not to exceed two hundred fifty dollars for each day that the violation continues to exist.

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E.Costs and Damages. Any person, whether as principal, agent, employee or otherwise, violating any provisions of this title or the rules, regulations, order or permits issued hereunder shall be liable to the City for the costs incurred, including but not limited to attorney fees and damages suffered by the City, its agents and agencies as a direct and proximate result of such violations.

F.Cumulative Remedies and Penalties. The remedies or penalties provided by this title are cumulative to each other and to the remedies or penalties available under other laws of the City and the state.

F.Recording Violations. The Director may cause a copy of the notice of violation to be recorded in the office of the county recorder, and upon such recordation subsequent grantees of the premises shall be deemed to have notice of the potential assessment of costs or penalties against the premises. Failure to record the notice of violation shall not affect the validity of proceedings under this title.

SECTION 4.

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

SECTION 5.

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

SECTION 6.

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

SECTION 7.

The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage Attachment 1

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and adoption thereof in the records of the meeting at which the same is passed and adopted.

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

INTRODUCED at a regular meeting of the City Council held this 7th day of November, 2023, on motion of Council Member Newton, seconded by Council Member Guthrie, and on the following roll call vote, to wit:

AYES: 4 Newton, Guthrie, Inman, Reiss
NOES: 0
ABSENT: 1 Waage
ABSTAIN: 0
RECUSED: 0
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2023, on motion of Council Member , seconded by Council Member , and on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.C
SUBJECT/TITLE:

INTRODUCTION (FIRST READING) OF SEWER USE ORDINANCE
RECOMMENDATION:

BACKGROUND:

The City of Pismo Beach is the lead agency for a regional recycled water project, Central Coast Blue. Central Coast Blue is envisioned to be a two-phased project with Phase 1 of the project diverting the effluent from the City’s wastewater treatment plant (WWTP) to an Advanced Water Purification Facility (AWPF) where the effluent will be treated to beyond drinking water standards and then injected into the aquifer. Once this water is injected into the aquifer it will serve two purposes; to augment potable water supplies for the Central Coast Blue member agencies (Arroyo Grande, Grover Beach and Pismo Beach), and to form a saltwater intrusion barrier. Phase 2 of the project, if deemed necessary, will divert effluent from the South San Luis Obispo County Sanitation District’s WWTP to expand the production of Central Coast Blue.

Title 22 of the California Code of Regulations (22 CCR) Section 60320.206 requires that potable water reuse systems administer and maintain an industrial pretreatment program and pollutant source control program. The combined effort is referred to as an Enhanced Source Control Program (ESCP). The purpose of an ESCP is to prevent interference and pass-through of pollutants at the WWTP and AWPF to protect the end-uses of the plant (effluent, biosolids, environment); and to protect drinking water quality by controlling the discharge of constituents of concern to the WWTP and AWPF.

As part of the ESCP development, an Ordinance (Attachment 1) has been drafted that will update the Pismo Beach Municipal Code to give the City legal authority to implement and enforce all elements of the ESCP. This “Sewer Use Ordinance” would add a new Chapter 13.12 and amend the existing Chapter 13.14, allowing the City to assess and trace chemicals throughout the wastewater and recycled water treatment and collection systems; investigate and monitor contaminant sources; perform outreach to industrial, commercial, and residential dischargers; maintain an inventory of potential contaminants from dischargers; and regulate and enforce any pretreatment standards.

Major changes to the SUO include:
x City authorization to issue wastewater discharge permits x Monitoring, reporting, and compliance requirements for non-domestic users x Establishment of the City’s enforcement policies
x Incorporation of the City’s Fat, Oil, and Grease Program (FOG) x Reservation for future discharge limits

12.C-1Council Agenda 11-7-2023
November 7, 2023 Introduction Report
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Conclusion and Recommendation
Staff recommends the City Council introduce an Ordinance (Attachment 1) adding Chapter 13.12 and amending Chapter 13.14 of the Pismo Beach Municipal Code to amend and expand the City’s sewer use regulations. If the Council acts to introduce the Ordinance as recommended, it will be returned for adoption at the next available meeting and will become effective by statute 30 days thereafter.

FISCAL IMPACT:

There is no direct fiscal impact from this report.

ALTERNATIVES:

1.Do not introduce an 2UGLQDQFH Adding Chapter 13.12: Pretreatment Ordinance and Amending Chapter 13.14: Sewer Use, of the City of Pismo Beach Municipal Code and provide staff with direction on how to proceed.

ATTACHMENTS:

1. Ordinance
Submitted by: Meeting Date: November 7, 2023
Benjamin A. Fine, P.E.

Director of Public Works/City Engineer
City Manager Approval:

12.C-2Council Agenda 11-7-2023
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.J
SUBJECT/TITLE:

ADOPTION (SECOND READING) OF AN ORDINANCE MODIFYING CHAPTER 5.22

OF THE PISMO BEACH MUNICIPAL CODE REGARDING SHORT-TERM RENTALS RECOMMENDATION:

Adopt an Ordinance amending Chapter 5.22 of the Pismo Beach Municipal Code, relating to administrative regulations of vacation rentals, short-term rentals, and homestays.

BACKGROUND:

On November 7, 2023 the City Council introduced an ordinance (Attachment 1) modifying Chapter 5.22 of Title 5 of the Pismo Beach Municipal Code relating to administrative regulations for short-term rentals and homestays, as well as minor conforming edits for vacation rentals.

The ordinance was introduced with modifications to Section 5.22.130 D. and Section

5.22.140 B.1. The agenda report for the November 7, 2023 agenda item, which includes background and analysis, is provided as Attachment 2.

Recommendation
Staff recommends that the Council adopt an ordinance (Attachment 1) that will modify Chapter 5.22 of Title 5 of the Pismo Beach Municipal Code relating to administrative regulations for short-term rentals and homestays, as well as minor conforming edits for vacation rentals. If the Council acts to adopt the Ordinance at this time, it will become effective by statute on January 4, 2024. This ordinance will also terminate the existing moratorium on new short-term rental licenses.

FISCAL IMPACT:

As outlined in the staff report for the introduction of this ordinance (Attachment 2).

ALTERNATIVES:

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

2. Do not adopt the Ordinance.

3. Provide staff with alternative direction.

ATTACHMENTS:

1. Ordinance as introduced

2. November 7, 2023 staff report (with ordinance attachment) Submitted by: Erica Inderlied, City Clerk Meeting Date: December 5, 2023 City Manager Approval:

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ORDINANCE NO. O-2023-XXX

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

CODE, RELATING TO ADMINISTRATIVE REGULATIONS OF VACATION RENTALS,

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

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

SECTION 1.

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

SECTION 2.

Ordinance O-2023-003, which established an urgency moratorium on the issuance of new short-term rental-licenses, is hereby repealed.

SECTION 3.

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

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Chapter 5.22 VACATION RENTAL AND SHORT-TERM RENTAL REGULATION

5.22.010 Definitions.

For the purposes of this Chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended. The words "shall" and "will" are mandatory; the word "may" is discretionary.
"Bedroom" shall mean a room that is primarily used for sleeping. A bedroom shall be no less than seventy (70) square feet in size, with a minimum horizontal dimension of no less than seven (7) feet on any side. A bedroom offered for rent within a short-term rental or homestay shall meet all applicable California Building Code requirements.
“Good Neighbor Policy” shall mean the administrative policy adopted and revised from time to time by the Community Development Director setting forth operational details for properties licensed under this chapter.
"Homestay" shall mean an owner-occupied, detached single-family residence where bedrooms are rented for compensation for less than thirty (30) consecutive days.
"Long-term rental" shall mean a rental for thirty (30) consecutive days or more. Any rental agreement that allows a sublet or sublease to multiple parties for any terms less than thirty (30) days, or early cancellation with or without penalty that allows multiple rentals within a thirty (30) day period, shall be considered a short-term rental and be subject to the terms of a short-term rental license as provided in this Code.
"Primary residence" shall mean the dwelling owned and occupied as the property owner's principal place of residence, where the owner lives more than fifty percent (50%) of the year, defined herein as one hundred eighty-three (183) days or more per year on a rolling three hundred sixty-five (365) day basis. For purposes of short-term rental or homestay licensing, a person can only have one primary residence at any time.
"Proof of primary residence" shall mean all documentation deemed acceptable by the City showing the dwelling is the owner's principal residence, including but not limited to tax records, property tax records, utility records, ownership documents for other properties, and homeowners’ exemptions.
"Responsible party" shall mean a person, over the age of eighteen (18), who shall be responsible for ensuring compliance with all applicable provisions of the Pismo Beach Municipal Code by all renters and visitors of the property, twenty-four (24) hours per day, seven (7) days per week. The responsible party shall sign and be Attachment 1

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responsible for enforcing the City’s Good Neighbor Policy and is designated as the point of contact for the property. The responsible party shall ensure the maintenance of the licensed property in compliance with this chapter and other applicable regulations, and shall be responsible for the conduct and acts of said renters and visitors to the extent provided herein.
"Short-term rental" or "STR" shall mean the rental of a detached single-family residence for less than thirty (30) consecutive days where the primary residence is not being concurrently occupied by the owner.
“Time-share plan” shall mean any arrangement, established by membership agreement, plan, scheme, or similar device, whether sale, lease, deed, license, right-to-use agreement, articles of organization or incorporation, operating agreement or bylaws, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of real property or a portion thereof, according to a fixed or floating time schedule, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. A timeshare plan shall be deemed to exist whenever such recurring rights of exclusive use to real property are created, regardless of whether such exclusive rights of use are a result of a grant of ownership rights, possessory rights, membership rights, rights pursuant to contract, or ownership of a fractional interest or share in real property, and regardless of whether they are coupled with ownership of a real property interest such as freehold interest or an estate for years in the property subject to the time- share plan.
"Transient" shall have the same meaning as set forth in Section 3.20.020 of this Code.
“Vacation rental” shall mean any structure, as defined in the building code adopted in Section 15.04.010 of this Code, which exists, is constructed, or which is maintained or used upon any premises for the purpose of transient lodging which consists of four or fewer separate transient rental units.

Article I. Vacation Rental Regulation

5.22.020 Vacation Rental license required.

No owner or owners of a vacation rental shall rent, offer to rent, or advertise for rent the vacation rental to another person without a license approved and issued in the manner provided for by this Chapter.

5.22.030 Vacation Rental application process.

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

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

2.Submit the following information in support of a vacation rental license:
a.The name, address, and telephone number of the property owner and a responsible party that can be reached via
telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the vacation rental. The responsible party shall reside or maintain a physical business address within twenty-five (25) miles of the vacation rental. A post office box or private mail drop address shall not be deemed to comply with the requirement of maintaining a residence or physical business address. An owner of a
vacation rental who resides within a twenty-five (25) mile radius of the vacation rental unit may designate themselves as the responsible party. Any change in the responsible party’s address or telephone number shall be promptly furnished to the City within 48 hours of such change.
b.A site and floor plan including unit square footage, bedroom and bathroom locations and dimensions, and parking locations and dimensions, and photographs showing the interior of each bedroom and showing each parking location.
c.A copy of the proposed notices required by Section 5.22.040 E.of this Code to be posted inside the vacation rental unit. d.Proof of written notification to all property owners and residents within three hundred feet (300’) of any point on the property containing the vacation rental, describing the proposed vacation rental use, including the number of separate vacation rental units, the number of on-site parking spaces and the telephone number of the contact person/entity set forth in Subsection 5.22.030 A.2.a. of this Code.
e.Acknowledgment that the owner and responsible party, if any, have read all this Chapter, and acknowledgment of their responsibility to assist in enforcement for payment of transient occupancy taxes.
f.Such other information as the Community Development
Director or designee deems reasonably necessary to
administer this chapter.

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3.Submit to an inspection of the vacation rental by City staff prior to issuance of license.

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

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

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

5.22.040 Vacation rental standards.

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

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

5.22.050 On-going requirements for vacation rental operation.

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

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

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C.The operator of the vacation rental shall annually, not later than December 31 of each year, notify in writing all property owners and residents within three hundred feet (300') of any point on the property containing the vacation rental, that the property will be used as a vacation rental. As part of such notice, the operator of the vacation rental shall also provide notice of the name, address and telephone number of the responsible party required in Subsection 5.22.050 A. of this Code.

D.A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address, and telephone number of the responsible party required in Subsection 5.22.050 A. of this Code. The notice shall also set forth the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on-site, and the day(s) established for garbage collection. The notice shall also provide the non-emergency telephone number of the City Police Department.

E.Any advertising of the vacation rental shall include the vacation rental license number provided by the City.

5.22.060 Violations and enforcement.

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

B.In addition to, or in lieu of criminal sanctions set forth in Subsection 5.22.060 A. of this Code, administrative penalties, including a notice of violation, shall be imposed, and licenses shall be revoked, in the manner provided in this Subsection 5.22.060 B.

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

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request for a hearing. The penalties for violations specified in Subsection 5.22.060 B. of this Code shall be as follows:

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

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

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

2. If the owner requests a hearing within the time specified in Subsection 5.22.060 B.1. of this Code, the City Clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than fifteen (15) days, nor more than forty-five (45) days after receipt of request for a hearing. The Community Development Director may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the Community Development Director. The Community Development Director shall impose the penalties or revoke the license only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with the provisions of this chapter. The Community development Director shall render a decision within thirty (30) days of the hearing and the decision shall be final.

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

Article II. Short-Term Rental Regulation

5.22.100 Short-term Rental license required.

No owner or owners of a property shall rent, offer to rent, or advertise for rent the property as a short-term rental or homestay to another person without a license approved and issued in the manner provided for by this Chapter.

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5.22.110 Short-term Rental application process.

A.A property owner wishing to use a detached single-family residence as a short-term rental or homestay shall do all of the following:

1.Complete a short-term rental application. Submit the following information at the time of application. Applications will not be deemed complete nor processed until all required information is provided and the short-term rental application fee, set by City Council resolution, is paid to the City:

A.The name, address and telephone number of the property owner, or authorized responsible party, that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the STR or homestay. Any change in the contact information for either the property owner or responsible party shall be promptly furnished to the City within 48-hours of such change.
b.A site and floor plan including unit square footage, bedroom and bathroom locations and dimensions, and parking
locations and dimensions, and photographs showing the
interior of each bedroom and showing each parking location. c.Notification materials containing information that allows the City to produce mailing labels, including both owner and occupant lists. The information should be provided in
Microsoft Excel format or equivalent. The information shall include the following fields for all properties within a five- hundred-foot (500’) radius of any point on the property containing the short-term rental: assessor parcel number, property address, first and last name of owner, owner mailing address, owner city, owner state, and owner zip code. A receipt or letter from the title company or person who
completes notification labels, certifying that the labels are correct, to the best ability of the preparer, must also be included.
d.Proof of property ownership for two (2) consecutive years prior to license application and issuance.
e.Such other information as the Community development or designee deems reasonably necessary to administer this
chapter, including but not limited to: a government issued driver’s license or identification, voter registration, vehicle registration, property tax bill, tax return, and utility bills.

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f.Acknowledgment that the owner and responsible party, if any, have read this Chapter, and acknowledgment of their
responsibility to assist in enforcement for payment of transient occupancy taxes.
g.Submit a signed affidavit under penalty of perjury by the property owner stating that the home is their primary
residence. Failure to sign the affidavit shall be grounds for denial of an STR or homestay license.
h.For properties located as part of a Homeowners Association (HOA), written authorization from the HOA Board of Directors to use the property as an STR or homestay shall be required prior to action on the license by the City.

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

3.Review and acknowledge responsibility for enforcement of the City’s Good Neighbor Policy.
a.Should the City’s Good Neighbor Policy be amended by the Community Development Director, a copy shall be provided to all licensed STR operators via certified mail.
b.Should the certified mail not be accepted or otherwise returned to the City as undelivered, the City shall post the amended copy of the Good Neighbor Policy at the subject property on the front door of the residence. Such posting shall constitute receipt of the amended Good Neighbor Policy. c.STR operators shall sign, acknowledge, and return a signed copy of the amended Good Neighbor Policy to the Community Development Director within ten (10) days of receipt.
d.Failure of an STR operator to sign, acknowledge, and return a signed copy of the amended Good Neighbor Policy to the Community Development Director within ten (10) days of
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receipt shall be grounds for revocation as outlined in
Subsection 5.22.140.C. of this Code.

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

B. Once the short-term rental license is issued by the Community Development department and a valid business license is on file for the short-term rental or homestay, the tax administrator will issue a valid transient occupancy registration certificate for the short-term rental or homestay pursuant to Section 3.20.060 of this Code.

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

5.22.120 Short-term rental standards.

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

B. Each short-term rental/homestay shall have the minimum number of off- street parking spaces as required by Subsection 17.113.070 F. and Subsection 17.09.070 F. of this Code, as applicable, available at all times.

Renters of the property shall use the off-street parking provided.

C. Each STR or homestay shall provide for garbage removal as required by Chapter 8.12 of this Code. Garbage bins shall be put out for collection no earlier than 5:00 p.m. the day before collection day and brought in no later than 8:00 p.m. on collection day.

D. A written notice shall be conspicuously posted inside each STR or homestay setting forth the name, address, and telephone number of the responsible party required in Section 5.22.110 A.1.a. of this Code. The notice shall also set forth the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on-site, and the day(s) established for garbage collection. The notice shall also provide the non-emergency telephone number of the City Police Department.

E. Any advertising of the STR or homestay shall include the STR or homestay license number provided by the City and the approved number of bedrooms and required on-site parking spaces.

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5.22.130 Annual license requirements.

A.As of the date of adoption of the ordinance revising this Chapter 5.22, there are twenty-eight (28) properties authorized for short-term rental or homestay use. There shall be no more than twenty-eight (28) short- term/homestay licenses in effect at any given time under this Chapter. No applications for short-term/homestay licenses shall be accepted after December 5, 2023 for properties without an existing short-term/homestay license in effect as of December 5, 2023. In the event a short- term/homestay license is either revoked or is not renewed, or the property transfers ownership, no additional short-term/homestay licenses shall be issued to replace the license on the property. It is the express intention of the City Council in adopting this provision to reduce the number of short- term/homestay licenses to zero through attrition over time.

B.Regardless of the date of issuance, short-term rental licenses expire on September 30 of each year. Licensed operators are required to obtain renewal of the license each year prior to September 30. Proof of primary residence shall be submitted each year prior to issuance of annual STR license and business license renewal. As a condition of renewal, the operator shall provide the City a listing of each rental night during the preceding twelve (12) months, a list of the rental charges imposed for each rental night during the preceding twelve (12) months, and proof of payment of transient occupancy tax for the prior twelve (12) months.

C.The licensed operator shall notify the City in writing of responsible party and appropriate contact information. In the event the responsible party changes, the licensed operator shall notify the City in writing of such change not later than forty-eight hours after the change.

D.For the first two (2) years after obtaining an STR license, the property shall be inspected annually during the renewal period for life safety purposes to ensure proper safety and operation of the STR. Following the first two (2) years after an STR license is issued, annual inspections shall not be required as part of the license renewal process, unless one or more violations of this Chapter or other provisions of this code are sustained within the previous twelve (12) month period. In such a case, annual inspections may be reinstated for twelve (12) months following each sustained violation.

E.The property owner shall apply for a business license renewal annually.

5.22.140 Violations and enforcement.

A.It shall be unlawful and a misdemeanor for any person to construct for short- term rental or homestay use, to convert to short-term rental or homestay Attachment 1

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use, to offer to another for short-term rental or homestay use, to advertise for short-term rental or homestay use, or to occupy as a short-term rental or homestay use any portion of any structure or facility without full compliance with this Chapter.

B.In lieu of the sanctions set forth in Subsection 5.22.140 A. of this Code, violation of this chapter may be prosecuted as an infraction, subject to the following:

1.The penalties for violations specified in Subsection 5.22.140 B. of this Code shall be as follows:
a.Pursuant to Government Code Section 36900(d), for
infractions that pose a threat to public health or safety, the fine shall be, at a minimum, one thousand five hundred dollars ($1,500.00) for an initial violation of this chapter, three thousand dollars ($3,000.00) for a second violation of the same provision within one (1) year, and five thousand dollars ($5,000.00) for each subsequent violation of the same
provision within one (1) year. Operation of a short-term rental or homestay without a license, and violations of the City’s Good Neighbor Policy, shall be deemed to pose a threat to public health or safety.
b.For an initial violation, the Community Development Director may grant a hardship waiver to reduce the amount of the fine upon a showing by the licensee that the licensee has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. No such waiver shall be granted for subsequent violations. The fines set forth in this subsection shall not apply to a first time offense of failure to register or pay a business license fee.
c.In addition to the penalties imposed under subsection a., upon a third violation of the same provision within a rolling one (1) year period, the Community Development Director shall
revoke the short-term rental license.

C.In lieu of, or in addition to the sanctions set forth in Subsection 5.22.140 A. of this Code, violation of this chapter may be prosecuted as administrative violations in the manner provided in this Subsection 5.22.140 C.

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

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Should the investigation reveal that a violation occurred, the Community Development Director or designee shall issue written notice of the violation and intention to impose a penalty and/or revoke the license. The written notice shall be served on the owner and operator or agent and shall specify the facts which, in the opinion of the Community Development Director, constitute grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that the license will be revoked within fifteen (15) days from the date the notice is given unless the owner and/or operator files with the City Clerk the fine amount and a request for a hearing.
a.The fine amount for each violation shall be one thousand dollars ($1,000.00).
b.Each separate day or rental night in which a violation exists may be considered a separate violation.
c. Should it be determined by the Community Development Director or designee that the residence is not the property owner’s primary residence, the license shall be revoked. d.Should it be determined by the Administrative Services Director that a licensee has failed to submit, or has been late in submitting two (2) or more Transient Occupancy Taxes (TOT) submittals in a twelve (12) month period, the license shall be revoked.

2.If the owner requests a hearing within the time specified in Subsection 5.22.140 C.1. of this Code, the City Clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than fifteen (15) days, nor more than forty-five (45) days after receipt of request for a hearing. The Community Development Director may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the Community Development Director. The Community Development Director shall impose the penalties or revoke the license only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with the provisions of this Chapter. The Community Development Director shall render a decision within thirty (30) days of the hearing and the decision shall be final.

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

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

Where the owner of property licensed as a short-term rental or homestay pursuant to this Chapter ceases such use, the property owner shall promptly inform the tax administrator of the cessation of use of the property as a short-term rental or homestay and shall surrender the STR or homestay license. As set forth in Section

5.22.130 of this Code, no STR or homestay license shall thereafter be issued for the property.

5.22.160 License suspension, modification, or revocation.

In addition to any other remedy provided by this Chapter, a license issued pursuant to this chapter may be suspended, modified, or revoked for violations of this chapter, for violation of any other law on the premises of the short-term rental or homestay, or for the maintenance of such other conditions as may be shown to be injurious to the public health and safety. Revocation proceedings may be initiated by the Community Development Director and shall be conducted pursuant to the procedures set forth in Section 5.22.140 B of this Code.

5.22.170 Time-share uses prohibited.

Notwithstanding anything to the contrary elsewhere in this Code, no license shall be issued under this Chapter for any time-share plan.

SECTION 4.

SECTION 5.

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particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.

SECTION 6.

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

SECTION 7.

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

INTRODUCED at a regular meeting of the City Council held this 7th day of November, 2023, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this 7th day of November, 2023, on motion of Council Member Guthrie, seconded by Council Member Inman, and on the following vote:

AYES: 4 Guthrie, Inman, Newton, Reiss
NOES: 0
ABSENT: 1 Waage
ABSTAIN: 0
RECUSED: 0
Approved: Attest:

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________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

APPROVED AS TO FORM:

______________________________
David M. Fleishman, City Attorney
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.B
SUBJECT/TITLE:

INTRODUCTION (FIRST READING) OF AN ORDINANCE MODIFYING CHAPTER 5.22

OF THE PISMO BEACH MUNICIPAL CODE REGARDING SHORT-TERM RENTALS RECOMMENDATION:

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

BACKGROUND:

On June 21, 2022, the City Council adopted Urgency Ordinance O-2022-005 imposing a moratorium on the issuance of short-term rental (STR) licenses to allow time for the development of regulations to address neighborhood complaints resulting from the operation of STRs in Pismo Beach. On August 2, 2022, the City Council adopted Urgency Ordinance O-2022-007, extending the moratorium until June 20, 2023, in accordance with Government Code provisions relating to urgency land use ordinances. On June 6, 2023, the moratorium was extended one final time as allowed by law, and it is set to expire on June 20, 2024. The City’s existing STR regulations were industry leading for coastal cities at the time of adoption in 2018. Since that time, the STR environment has evolved, consistent neighborhood complaints have been voiced, and loopholes in the regulations have been identified that necessitate revisions to the regulations.

At the May 2, 2023, City Council meeting, staff proposed introduction of a revision to Title 5, Chapter 5.22 of the Pismo Beach Municipal Code (PBMC), which deals with the administrative regulations for STRs and homestays. The staff report for that meeting, which contained a detailed discussion of the task force created to address STR issues, is available online in the Access Pismo public records portal at www.pismobeach.org/accesspismo1 . While the Council did not act to introduce the ordinance at that time, Council directed staff to return with revised STR regulations addressing a number of specific issues: (1) a limit on the total number of STRs, (2) notification to surrounding properties at the time of issuance of a new or renewed STR license, and (3) a prohibition on STRs outside the Coastal Zone, with the potential for “grandfathering” the existing licenses outside the Coastal Zone. The Council also directed staff to pursue an arrangement with AirBnB and other similar platforms for the sharing of booking data to assist in the enforcement of the City’s regulations.

As such, staff has fairly significantly revised the draft ordinance presented to the Council on May 2. The proposed Ordinance (Attachment 1), which addresses the administrative portion of the STR regulations contained in Municipal Code Title 5, addresses the concerns expressed by the City Council and the Pismo Beach community at that meeting. 1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=472110&dbid=0&repo=Laserfiche Council Agenda 11-7-2023 12.B-1
November 7, 2023 Introduction Report
Attachment 2

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In brief, staff has implemented the changes discussed below, as well as various changes in the organization of the chapter as a whole to make it easier to read and apply. A redline version of the ordinance over the May 2 version is also attached so the Council may view the proposed changes since that version.

1. Applicants for an STR license will be required to provide mailing labels to the City to allow notification to all properties within a five-hundred-foot radius that a property owner wishes to use the property for short-term rental purposes.

2. Applicants must show proof of property ownership for a minimum of two consecutive years prior to making an application for an STR license.

3. Applicants must provide an affidavit signed under penalty of perjury that the property is the primary residence of the applicant. The City may also request additional documentation to confirm this status.

4. Applicants whose properties are part of a homeowners’ association must provide written authorization from the HOA board to use the property for short-term rental purposes.

5. Applicants must allow inspections of the premises for the first five years of operation, but thereafter only if a violation of PBMC Chapter 5.22 is sustained.

Staff also added additional standards governing the operation of STRs, including specifying the hours in which garbage bins may be put out for collection and when they must be retrieved. Operators will also be required to renew licenses annually and to provide a detailed listing of each night of STR rental, a listing of rental charges imposed, and proof of Transient Occupancy Tax (TOT) payment.

Most notably, though, staff has included a provision that establishes a maximum number of STR licenses in the city, which is currently set at 28 based on the number of licenses in existence when the Council gave direction to staff to establish a numerical cap. No applications for new STR licenses will be accepted after December 5, 2023, but renewals of existing licenses will be allowed until the property changes hands, or until the license is either revoked or not renewed. This will have the effect of gradually reducing the number of STRs in the city over time.

From an enforcement standpoint, the revised ordinance establishes a three-prong enforcement program. The program can initially be enforced through administrative citations, which are set at $1,000 per violation. There are administrative appeal procedures outlined in the ordinance. The other two methods will involve filing a citation with the court, which can either be prosecuted as an infraction or as a misdemeanor. The former method would be the secondary method of enforcement after administrative citations, and it would carry fines of $1,500 for an initial violation, $3,000 for a second violation of the same provision in the same one-year period, and $5,000 for each subsequent violation. The latter method would allow the court to impose fines of only up to $1,000, but it could impose conditions of probation that, if violated, could result in additional fines or in extreme cases, incarceration. Staff does not anticipate seeking such a remedy, but the conditions of probation allow the court to supervise enforcement which may serve as a much greater deterrent to repeat offenders.

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November 7, 2023 Introduction Report
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Because revisions to the Title 17 1983 Coastal Zoning code would require approval of the Coastal Commission to implement, staff has elected to first establish these administrative regulations for STRs in Chapter 5.22, with the intent to eventually simplify the zoning codes to remove administrative processing of STR permits in favor of those contained in Title 5. With that approach, future changes to the administration of STR permits would not require Coastal Commission approval within the Coastal Zone.

Corporate Managed/Operated Fractional Ownership
Finally, a newer phenomenon in the short-term rental landscape deals with corporately managed and operated fractional ownership units. These uses operate like timeshares but are being implemented in single-family residences rather than higher-density or resort-oriented areas. In keeping with the intent of the City’s existing regulations to protect residential neighborhoods, the STR regulations have added a section stating that this type of ownership would be prohibited under the City’s STR regulations. This is important, as vacation rentals are prohibited in the residential districts and would not be permitted.

However, this would not preclude other fractional ownership situations, such as family members co-owning property, from occurring.

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

Public Notification
A public notice regarding the proposed ordinance was posted at City Hall, on the City’s website, and published in the New Times on October 26, 2023. Additionally, the public notice was sent to all licensed STR operators on October 27, 2023. The meeting agenda was posted at City Hall and on the City’s website in accordance with Government Code section 54954.2. As of the writing of this report, no comments have been received.

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

FISCAL IMPACT:

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

As stated above, should the City Council adopt the revised regulations, staff will return at Council Agenda 11-7-2023 12.B-3
November 7, 2023 Introduction Report
Attachment 2

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a future date to set appropriate fees for STR license renewals and probationary inspections to cover staff time necessary to perform these services.

ALTERNATIVES:

1. Modify and introduce the ordinance; or

2. Provide alternative direction to staff.

ATTACHMENTS:

1. Ordinance
Submitted by: Meeting Date: November 7, 2023
Matthew Downing, Community Development Director
David M. Fleishman, City Attorney
City Manager Approval:

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November 7, 2023 Introduction Report
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ORDINANCE NO. O-2023-XXX

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

CODE, RELATING TO ADMINISTRATIVE REGULATIONS OF VACATION RENTALS,

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

SECTION 1.

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

SECTION 2.

Ordinance O-2023-003, which established an urgency moratorium on the issuance of new short-term rental-licenses, is hereby repealed.

SECTION 3.

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

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Attachment 1
November 7, 2023 Introduction Report
Attachment 2

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Chapter 5.22 VACATION RENTAL AND SHORT-TERM RENTAL REGULATION

5.22.010 Definitions.

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

“Good Neighbor Policy” shall mean the administrative policy adopted and revised from time to time by the Community Development Director setting forth operational details for properties licensed under this chapter.

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

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

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

"Proof of primary residence" shall mean all documentation deemed acceptable by the City showing the dwelling is the owner's principal residence, including but not limited to tax records, property tax records, utility records, ownership documents for other properties, and homeowners’ exemptions.

"Responsible party" shall mean a person, over the age of eighteen (18), who shall be responsible for ensuring compliance with all applicable provisions of the Pismo Beach Municipal Code by all renters and visitors of the property, twenty-four (24) hours per day, seven (7) days per week. The responsible party shall sign and be Council Agenda 11-7-2023 12.B-6
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"Short-term rental" or "STR" shall mean the rental of a detached single-family residence for less than thirty (30) consecutive days where the primary residence is not being concurrently occupied by the owner.

“Time-share plan” shall mean any arrangement, established by membership agreement, plan, scheme, or similar device, whether sale, lease, deed, license, right-to-use agreement, articles of organization or incorporation, operating agreement or bylaws, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of real property or a portion thereof, according to a fixed or floating time schedule, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. A timeshare plan shall be deemed to exist whenever such recurring rights of exclusive use to real property are created, regardless of whether such exclusive rights of use are a result of a grant of ownership rights, possessory rights, membership rights, rights pursuant to contract, or ownership of a fractional interest or share in real property, and regardless of whether they are coupled with ownership of a real property interest such as freehold interest or an estate for years in the property subject to the time- share plan.

"Transient" shall have the same meaning as set forth in Section 3.20.020 of this Code.

“Vacation rental” shall mean any structure, as defined in the building code adopted in Section 15.04.010 of this Code, which exists, is constructed, or which is maintained or used upon any premises for the purpose of transient lodging which consists of four or fewer separate transient rental units.

Article I. Vacation Rental Regulation

5.22.020 Vacation Rental license required.

5.22.030 Vacation Rental application process.

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

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

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

c. A copy of the proposed notices required by Section 5.22.040 E. of this Code to be posted inside the vacation rental unit.

d. Proof of written notification to all property owners and residents within three hundred feet (300’) of any point on the property containing the vacation rental, describing the proposed vacation rental use, including the number of separate vacation rental units, the number of on-site parking spaces and the telephone number of the contact person/entity set forth in Subsection 5.22.030 A.2.a. of this Code.

e. Acknowledgment that the owner and responsible party, if any, have read all this Chapter, and acknowledgment of their responsibility to assist in enforcement for payment of transient occupancy taxes.

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

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November 7, 2023 Introduction Report
Attachment 2

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3. Submit to an inspection of the vacation rental by City staff prior to issuance of license.

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

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

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

5.22.040 Vacation rental standards.

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

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

5.22.050 On-going requirements for vacation rental operation.

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

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

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C. The operator of the vacation rental shall annually, not later than December 31 of each year, notify in writing all property owners and residents within three hundred feet (300') of any point on the property containing the vacation rental, that the property will be used as a vacation rental. As part of such notice, the operator of the vacation rental shall also provide notice of the name, address and telephone number of the responsible party required in Subsection 5.22.050 A. of this Code.

D. A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address, and telephone number of the responsible party required in Subsection 5.22.050 A. of this Code. The notice shall also set forth the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on-site, and the day(s) established for garbage collection. The notice shall also provide the non-emergency telephone number of the City Police Department.

E. Any advertising of the vacation rental shall include the vacation rental license number provided by the City.

5.22.060 Violations and enforcement.

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

B. In addition to, or in lieu of criminal sanctions set forth in Subsection 5.22.060 A. of this Code, administrative penalties, including a notice of violation, shall be imposed, and licenses shall be revoked, in the manner provided in this Subsection 5.22.060 B.

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request for a hearing. The penalties for violations specified in Subsection 5.22.060 B. of this Code shall be as follows:
a. For the first violation within any twelve (12) month period, the penalty shall be a fine not to exceed one hundred dollars ($100), and/or suspension of the license for a period not to exceed three (3) months.
b. For a second violation within any twelve (12) month period, the penalty shall be a fine not to exceed two hundred fifty dollars ($250), and/or suspension of the license for a period not to exceed six (6) months.
c. For a third violation within any twelve (12) month period, the penalty shall be a fine not to exceed five hundred dollars ($500), and/or suspension of the license for a period not to exceed one (1) year.

Article II. Short-Term Rental Regulation

5.22.100 Short-term Rental license required.

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November 7, 2023 Introduction Report
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5.22.110 Short-term Rental application process.

A. A property owner wishing to use a detached single-family residence as a short-term rental or homestay shall do all of the following:

1. Complete a short-term rental application. Submit the following information at the time of application. Applications will not be deemed complete nor processed until all required information is provided and the short-term rental application fee, set by City Council resolution, is paid to the City:

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

c. Notification materials containing information that allows the City to produce mailing labels, including both owner and occupant lists. The information should be provided in
Microsoft Excel format or equivalent. The information shall include the following fields for all properties within a five- hundred-foot (500’) radius of any point on the property containing the short-term rental: assessor parcel number, property address, first and last name of owner, owner mailing address, owner city, owner state, and owner zip code. A receipt or letter from the title company or person who
completes notification labels, certifying that the labels are correct, to the best ability of the preparer, must also be included.

d. Proof of property ownership for two (2) consecutive years prior to license application and issuance.

e. Such other information as the Community development or designee deems reasonably necessary to administer this
chapter, including but not limited to: a government issued driver’s license or identification, voter registration, vehicle registration, property tax bill, tax return, and utility bills.

Council Agenda 11-7-2023 12.B-12
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November 7, 2023 Introduction Report
Attachment 2

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f. Acknowledgment that the owner and responsible party, if any, have read this Chapter, and acknowledgment of their
responsibility to assist in enforcement for payment of transient occupancy taxes.

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

h. For properties located as part of a Homeowners Association (HOA), written authorization from the HOA Board of Directors to use the property as an STR or homestay shall be required prior to action on the license by the City.

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

3. Review and acknowledge responsibility for enforcement of the City’s Good Neighbor Policy.

a. Should the City’s Good Neighbor Policy be amended by the Community Development Director, a copy shall be provided to all licensed STR operators via certified mail.

b. Should the certified mail not be accepted or otherwise returned to the City as undelivered, the City shall post the amended copy of the Good Neighbor Policy at the subject property on the front door of the residence. Such posting shall constitute receipt of the amended Good Neighbor Policy.

c. STR operators shall sign, acknowledge, and return a signed copy of the amended Good Neighbor Policy to the Community Development Director within ten (10) days of receipt.

d. Failure of an STR operator to sign, acknowledge, and return a signed copy of the amended Good Neighbor Policy to the Community Development Director within ten (10) days of
Council Agenda 11-7-2023 12.B-13
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November 7, 2023 Introduction Report
Attachment 2

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receipt shall be grounds for revocation as outlined in
Subsection 5.22.140.C. of this Code.

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

5.22.120 Short-term rental standards.

Renters of the property shall use the off-street parking provided.

E. Any advertising of the STR or homestay shall include the STR or homestay license number provided by the City and the approved number of bedrooms and required on-site parking spaces.

Council Agenda 11-7-2023 12.B-14
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November 7, 2023 Introduction Report
Attachment 2

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5.22.130 Annual license requirements.

A. As of the date of adoption of the ordinance revising this Chapter 5.22, there are twenty-eight (28) properties authorized for short-term rental or homestay use. There shall be no more than twenty-eight (28) short- term/homestay licenses in effect at any given time under this Chapter. No applications for short-term/homestay licenses shall be accepted after December 5, 2023 for properties without an existing short-term/homestay license in effect as of December 5, 2023. In the event a short- term/homestay license is either revoked or is not renewed, or the property transfers ownership, no additional short-term/homestay licenses shall be issued to replace the license on the property. It is the express intention of the City Council in adopting this provision to reduce the number of short- term/homestay licenses to zero through attrition over time.

B. Regardless of the date of issuance, short-term rental licenses expire on September 30 of each year. Licensed operators are required to obtain renewal of the license each year prior to September 30. Proof of primary residence shall be submitted each year prior to issuance of annual STR license and business license renewal. As a condition of renewal, the operator shall provide the City a listing of each rental night during the preceding twelve (12) months, a list of the rental charges imposed for each rental night during the preceding twelve (12) months, and proof of payment of transient occupancy tax for the prior twelve (12) months.

C. The licensed operator shall notify the City in writing of responsible party and appropriate contact information. In the event the responsible party changes, the licensed operator shall notify the City in writing of such change not later than forty-eight hours after the change.

D. For the first five (5) years after obtaining an STR license, the property shall be inspected annually during the renewal period for life safety purposes to ensure proper safety and operation of the STR. Following the first five (5) years after an STR license is issued, annual inspections shall not be required as part of the license renewal process, unless one or more violations of the this Chapter or other provisions of this code are sustained within the previous twelve (12) month period. In such a case, annual inspections may be reinstated for twelve (12) months following each sustained violation.

E. The property owner shall apply for a business license renewal annually.

5.22.140 Violations and enforcement.

A. It shall be unlawful and a misdemeanor for any person to construct for short- term rental or homestay use, to convert to short-term rental or homestay Council Agenda 11-7-2023 12.B-15
Attachment 1
November 7, 2023 Introduction Report
Attachment 2

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B. In lieu of the sanctions set forth in Subsection 5.22.140 A. of this Code, violation of this chapter may be prosecuted as an infraction, subject to the following:

1. The penalties for violations specified in Subsection 5.22.140 B. of this Code shall be as follows:

a. Pursuant to Government Code Section 36900(d), for
infractions that pose a threat to public health or safety, the fine shall be, at a minimum, one thousand five hundred dollars ($1,500.00) for an initial violation of this chapter, three thousand dollars ($3,000.00) for a second violation of the same provision within one (1) year, and five thousand dollars ($5,000.00) for each subsequent violation of the same
provision within one (1) year. Operation of a short-term rental or homestay without a license, and violations of the City’s Good Neighbor Policy, shall be deemed to pose a threat to public health or safety.

b. For an initial violation, the Community Development Director may grant a hardship waiver to reduce the amount of the fine upon a showing by the licensee that the licensee has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. No such waiver shall be granted for subsequent violations. The fines set forth in this subsection shall not apply to a first time offense of failure to register or pay a business license fee.

C. In lieu of, or in addition to the sanctions set forth in Subsection 5.22.140 A. of this Code, violation of this chapter may be prosecuted as administrative violations in the manner provided in this Subsection 5.22.140 C.

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the Community Development Director, constitute grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that the license will be revoked within fifteen (15) days from the date the notice is given unless the owner and/or operator files with the City Clerk the fine amount and a request for a hearing.

a. The fine amount for each violation shall be one thousand dollars ($1,000.00).

b. Each separate day or rental night in which a violation exists may be considered a separate violation.

c. Should it be determined by the Community Development Director or designee that the residence is not the property owner’s primary residence, the license shall be revoked.

d. Should it be determined by the Administrative Services Director that a licensee has failed to submit, or has been late in submitting two (2) or more Transient Occupancy Taxes (TOT) submittals in a twelve (12) month period, the license shall be revoked.

2. If the owner requests a hearing within the time specified in Subsection 5.22.140 C.1. of this Code, the City Clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than fifteen (15) days, nor more than forty-five (45) days after receipt of request for a hearing. The Community Development Director may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the Community Development Director. The Community Development Director shall impose the penalties or revoke the license only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with the provisions of this Chapter. The Community Development Director shall render a decision within thirty (30) days of the hearing and the decision shall be final.

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

Council Agenda 11-7-2023 12.B-17
Attachment 1
November 7, 2023 Introduction Report
Attachment 2

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

5.22.130 of this Code, no STR or homestay license shall thereafter be issued for the property.

5.22.160 License suspension, modification, or revocation.

5.22.170 Time-share uses prohibited.

Notwithstanding anything to the contrary elsewhere in this Code, no license shall be issued under this Chapter for any time-share plan.

SECTION 4.

SECTION 5.

Council Agenda 11-7-2023 12.B-18
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November 7, 2023 Introduction Report
Attachment 2

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SECTION 6.

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

SECTION 7.

INTRODUCED at a regular meeting of the City Council held this 7th day of November, 2023, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

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

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 11-7-2023 12.B-19
Attachment 1
November 7, 2023 Introduction Report
Attachment 2

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APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
Council Agenda 11-7-2023 12.B-20
Attachment 1
November 7, 2023 Introduction Report
Attachment 2

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

APPOINTMENT OF ALTERNATE DIRECTOR TO THE CENTRAL COAST BLUE

REGIONAL RECYCLED WATER AUTHORITY BOARD OF DIRECTORS
RECOMMENDATION:

Appoint Mayor Pro Tem Reiss to serve as the City’s Alternate Director on the Central Coast Blue Regional Recycled Water Authority Board of Directors.

BACKGROUND:

The Central Coast Blue Regional Recycled Water Authority (CCBRRWA) was formed under a joint exercise of powers agreement (JEPA) executed by the cities of Arroyo Grande, Grover Beach, and Pismo Beach in September 2022. The Authority is governed by a Board of Directors; in accordance with the JEPA, each city will appoint, from its City Council, a Primary Director and Alternate Director to represent the city on the Board.

The Mayor serves as the City’s Primary Director, but to date no Alternate Director has been appointed.

Conclusion and Recommendation
In order to comply with the requirements of the CCBRRWA JEPA, staff recommends that the City Council appoint an Alternate Director to represent the City on the CCBRRWA Board. As the Mayor Pro Tempore traditionally serves as the alternate to the Mayor in many contexts, staff recommends that the Mayor Pro Tempore serve as the Alternate Director.

FISCAL IMPACT:

There is no impact to the adopted budget from appointment of an Alternate Director.

ALTERNATIVES:

1. Appoint a different City Council Member to serve as Alternate Director.

ATTACHMENTS:

None.

Submitted by: Meeting Date: December 5, 2023
Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 12-5-2023 9.K-1
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #11.A
SUBJECT/TITLE:

PUBLIC HEARING TO RECEIVE COMMUNITY INPUT, REQUESTS, AND

RECOMMENDATIONS FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
RECOMMENDATION:

1.Conduct a public hearing to receive input on the disbursement of the City’s allocation of Community Development Block Grant funds for the 2024 Action Plan Year;

2.Adopt a Resolution identifying draft recommendations to the County of San Luis Obispo for inclusion in the 2024 Community Development Block Grant Action Plan.

BACKGROUND:

The City of Pismo Beach and other cities in San Luis Obispo County are part of the San Luis Obispo Urban County group to receive Community Development Block Grant (CDBG) funds from the Department of Housing and Urban Development (HUD) for Fiscal Years 2024–2026 (Cooperation Agreement with County of San Luis Obispo). A total of $33,396 in CDBG funds is estimated to be allocated to the City for low-income housing and community service needs. These funds include $4,341 for County administrative costs, for a net amount available estimated to be $29,055 (including the City’s administrative costs of $2,338). Pursuant to the agreement between the City and the County, the County acts as the applicant for CDBG funds and is responsible for administering the CDBG funding awarded by HUD. It is estimated that funds would be available for project work in the second half of 2024.

Two valid applications for CDBG funds have been received during the public review period, including applications from 5Cities Homeless Coalition (5CHC) and Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO). Both applications indicated a request for Public Services funds, which are capped at 15% of the City’s total CDBG allocations, or $5,009. However, based on previous years, staff believes that CAPSLO intended to apply for Rehabilitation funds, which do not have a cap. 5 Cities Homeless Coalition
The 5CHC provides wrap-around services, including case management and direct financial assistance, with a special emphasis on the housing support program that serves clients throughout San Luis Obispo County who are either homeless or facing homelessness. The program focuses on assisting clients to secure and maintain stable housing, conducting outreach on the street, sheltering, coordinated assessment, and case management to provide rapid re-housing and homelessness prevention services utilizing Housing First principles of providing housing support combined with supportive services.

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The application for funding in this cycle proposes to continue to provide these wrap- around services and indicates that funds will support housing and stabilization services, including landlord cultivation, case management support, and subsistence payments for rent, application fees, and deposits, following a coordinated entry assessment and progressive engagement model.

The 5CHC proposal is requesting a total of $407,358 from local cities and the County of San Luis Obispo.

The proposal, provided as Attachment 2, will help quickly identify and resolve barriers to gaining and maintaining housing, and as indicated in the proposal:
5CHC's Housing Program braids available funding sources and with multiple sources of funds, 5CHC is able to target funds with differing eligibility criteria in order to maximize their use to serve those with the highest needs and greatest number possible.

Community Action Partnership of San Luis Obispo County, Inc.

CAPSLO’s Minor Home Repair program provides necessary home repair and access- improvement services to low- and very low-income, elderly and disabled individuals residing in single-family homes, mobile homes, and multi-family dwelling units.

The application for funding in this cycle proposes to continue this effort, indicating that the need for home repair and access-improvement services for elderly and disabled individuals are ongoing and that the funding will allow CAPSLO to continue to provide services to those in need, keeping them safely housed and independent.

The CAPSLO proposal is requesting a total of $97,699 from the City and the County of San Luis Obispo.

The proposal, provided as Attachment 3, will help 100% of the elderly and disabled individuals served through the Minor Home Repair program’s CDBG funds remain independent and in their permanent, stable housing, and as indicated in the proposal:

This outcome is measured through a survey upon completion of services.

Discussion
CDBG funds allocated to Pismo Beach are for low-income housing and community service needs. Following public hearings by the County over the past months, seeking public input on use of the CDBG funds, the application period for funding concluded in November 2023. Participating agencies have been asked to forward recommendations from their legislative bodies regarding disbursement of the funds. Once the recommendations are made, the County will develop a Draft 2024 Action Plan (required by HUD) that identifies how CDBG funds will be used. Staff will return to Council in spring 2024 with the Draft 2024 Action Plan for review.

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Both 5CHC and CAPSLO are requesting Public Services funds, which are capped at 15% of the Urban County’s total CDBG allocations. The County advises against individual cities recommending greater than 15% for their respective allocations to Public Services applications to ensure jurisdictions are not recommending cumulative allocations greater than this limit. 5CHC has come to rely on the City’s Public Services funds for its programs.

As such, staff recommends the full 15% allocation of Public Services funds ($5,009) be recommended for 5CHC. While the amount the City can contribute to 5CHC does not meet the minimum $8,000 required by the 2024–2026 Cooperative Agreement, 5CHC has been successful in obtaining additional funds from the Urban County group as homelessness services is a priority to meet this threshold.

For the remainder of the City’s CDBG allocation, staff recommends the City allot the remaining $21,707 in CDBG funds to CAPSLO for their Minor Home Repair program, which would fall under the category of Rehabilitation funds. Unlike Public Services funds, Rehabilitation funds are not capped. Similar to 5CHC, CAPSLO has become reliant upon the City’s CDBG funding for its services.

Conclusion and Recommendation
Staff recommends that the Council develop a recommendation on the use of CDBG funds that will be forwarded to the County for use in development of the Draft 2024 Action Plan.

In recent years, the Council recommended that the City’s administration portion of the grant be applied to the programs. The primary reason was that other than the cost to prepare and advertise this item, there are no direct City costs associated with the administration of the program.

As such, it is recommended that the Council discuss the two requests received, as well as any additional requests for funds brought to the Council during this public hearing and develop its recommendation.

Attachment 1 of this report is a Resolution that, if adopted, will identify the City Council’s recommendation for use of Pismo Beach’s allocation of 2024 CDBG funds.

Recommended allocation amounts are included in the Resolution; however, the Council may choose to modify the funding amounts and the Resolution will be finalized accordingly.

FISCAL IMPACT:

There is a zero-dollar net fiscal impact to the General Fund. An additional $4,341 in CDBG funds will be provided by HUD to the County for grant administration and $2,338 to the City for staff time on the project. Since revenues and expenditures would be equal, there would be a net zero impact to the General Fund.

ALTERNATIVES:

1.Recommend one of the other proposals presented at the hearing.

2.Recommend multiple proposals with specific funding for each.

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ATTACHMENTS:

1. Resolution

2.5CHC Application for Funding

3.CAPSLO Application for Funding
Submitted by: Meeting Date: December 5, 2023
Matthew Downing, Community Development Director
City Manager Approval:

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RESOLUTION NO. R-2023-XXX

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

CALIFORNIA IDENTIFYING DRAFT RECOMMENDATIONS TO THE COUNTY OF SAN LUIS OBISPO FOR INCLUSION IN THE 2024 COMMUNITY DEVELOPMENT

BLOCK GRANT ACTION PLAN
WHEREAS, on July 11, 2023, the City of Pismo Beach entered into a Cooperative Agreement with the County of San Luis Obispo to implement the Housing and Community Development Act of 1974 federal legislation relating to housing and community development activities administered by the Department of Housing and Urban Development; and
WHEREAS, on December 5, 2023, the Pismo Beach City Council held a duly-noticed public hearing and considered testimony for the allocation of Community Development Block Grant funds for inclusion in the San Luis Obispo County Draft 2024 Action Plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby recommends the County of San Luis Obispo include the following program(s) for funding in the Draft 2024 Action Plan:

1.5 Cities Homeless Coalition’s San Luis Obispo County Rapid Re- Housing/Homeless Prevention: $5,009

2.Community Action Partnership of San Luis Obispo County, Inc.’s Minor Home Repair: $21,707
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 5th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 12-5-2023 11.A-5
Attachment 1
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COUNTY OF SAN LUIS OBISPO

DEPARTMENT OF SOCIAL SERVICES

HOMELESS SERVICES DIVISION
2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 1 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected] Please submit Application by email to [email protected]. All submissions must be made electronically, no paper applications will be accepted. Application must be received no later than Sunday, November 5, 2023, at 9 pm.

I. PRIMARY APPLICANT INFORMATION (LEAD AGENCY)
Organization Name
Type of Organization Non-Profit For Profit Gov’t/Public Other:

UEI Number
Contact Person/Title
Finance Contact (if different)
Phone Number
Email
Address
City, State, Zip
Date of Incorporation
Is the organization faith-
based?Yes No
Annual Operating Budget
Number of Paid Staff
Number of Volunteers
II. FUNDING DETAILS
Please identify all funding
sources being requested:

Select all that apply; you will be
required to fill out additional
details for each source requested.

Community Development Block Grants (CDBG)
Emergency Solutions Grants (ESG)
Permanent Local Housing Allocation (PLHA)
HOME Investment Partnership Program (TBRA ONLY)
County General Funds Support (GFS)
Total Funding Requested $______________________
5CITIES HOMELESS COALITION
KR8JGGKBKEP9
Janna Nichols, Executive Director
805-574-1638
[email protected]
P.O. Box 558 (100 S. 4th St)
Grover Beach, CA 93483
March 3, 2009
■
$6,406,867
35 150
407,358
Council Agenda 12-5-2023 11.A-6
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2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 2 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected] III. APPLICANT CAPACITY

1.Describe the applicant’s history of receiving and managing grants from County/State/Federal sources.

2.Briefly describe your organization’s auditing requirements, including those for the proposed project. (As outlined in 2 CFR § 200.500)

3.Describe how the organization participates in HMIS, Coordinated Entry, and the San Luis Obispo County Continuum of Care.

Currently 5CHC is contracted through 36 local, federal and state grants to provide more than $6 million in services. Through multiple grant monitoring activities to review 5CHC program and expenditure compliance for all local, state and federal grants, 5CHC has consistently received high praise for program quality and outcomes; reporting; compliance; and timeliness; and has never received a significant finding in an audit. Through CARES Act CV funds, 5CHC expended more than $5 Million in services and facility development since 2021, including subcontracting with multiple other providers and ensuring their compliance.
5CHC is timely in providing required reports and its billing process, meeting all required expenditure deadlines. 5CHC's outcomes consistently exceed agreed upon program metrics. Please note the various attachments we have included under section 10: policies, procedures, intake forms, file check lists, outcomes and program reports.

The rules governing ESG require that 5CHC, as a subrecipient, comply with all applicable federal laws, statutes, and regulations (which include but are not limited to the ESG Program Interim Rule (24 CFR Part 576) and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). 5CHC annually engages and independent audit, and beginning in 2021-22 (due to increased federally sourced income) underwent a more rigorous Single Audit (attached). 5CHC's Single Audit for 2022-23 currently in process, and expected to be completed by Dec. 31, 2023. 5CHC has participated in HMIS since 2014 and has dedicated staff to this fulfill this activity in addition to program staff. In the past year more than 5 5CHC staff members have worked with the County to assess and invest in a new HMIS system, including the current implementation task force. The agency’s Executive Director is currently serves on HSOC, and its committees and served on the steering committee for the County's Homeless Services Strategic Plan and the County's HMIS Restructuring Steering Committee .

Beginning in 2019 5CHC joined with CAPSLO to participate in Coordinated Entry as a key intake partner.

Annually 5CHC has far exceeded the number of CE's completed per contract requirements. To date for the current fiscal year (first 5 months), 5CHC has completed more than 200 CE intakes. 5CHC has also invested in the development of a secure document sharing system, ShareFile, to enable inter-agency service coordination and referral to 5CHC's housing support programs.

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2024 NOFA – Public Services Application

DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 3 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

4. Briefly describe your agency’s record keeping system with relevance to the proposed project.

5. Describe the organization’s experience delivering related programs/projects.

6. Identify all budgeted funds for homelessness-related services and housing opportunities.

Include leveraged funding in the budget attachment to exhibit financial sustainability of the project beyond the grant term if awarded.

Does your organization comply
with the Generally Accepted
Accounting Principles?

Yes No

IV. PROPOSED PROJECT and PROJECT DETAILS
Name of proposed
project

Project/Program
address(es)

5CHC employs a dedicated HMIS Data Manager to ensure quality compliance and track client outcomes.

This position is supported with three finance employees, including one charged with Grants Management for accountability of expenses and fulfillment of grant commitments. The agency's Associate Director is responsible for authorizing all funding requests and reporting on program outcomes. With each program activity case managers report to a Program Manager for supervision and oversight; including client eligibility and case file review . The agency's Executive Director is directly engaged in initial program development, and efforts to provide services on a regional basis. 5Cities Homeless Coalition has successfully provided rapid re-housing and homeless prevention programs since 2015. Through CARES Act CV funds, 5CHC will invested more than $900,000 last fiscal year in RRH and HP activities. Currently 5CHC is under contract or has been awarded 13 local, state and federal grants to provide RRH and HP services.
• Funds Requested (Amount and Source): ESG $151,945; HOME $81,531; GFS $81,549; CDBG – AG $13,095, Atas $4,667, MB $3,500, PR, $16,333, PB $5,238, SLO $20,333, County $29,167 • Leveraged funds: 5CHC Match $151,945; $20,382.75; Additional Local Grants & Contributions $200,000 San Luis Obispo County Rapid Re-Housing/Homeless Prevention 100 S. 4th Street, Grover Beach, CA 93433
Council Agenda 12-5-2023 11.A-8
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2024 NOFA – Public Services Application

DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 4 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected] Areas served City of Arroyo Grande City of Atascadero City of Pismo Beach City of Paso Robles
City of Morro Bay City of Grover Beach
City of San Luis Obispo Countywide
Unincorporated communities of

7. Provide a brief narrative of the proposed project including projected outcomes. How would you describe your project to the public in one paragraph?

8. Is this effort new, continuing, or expanding? Please describe.

9. Describe how the project will align with the Lines of Effort to support the San Luis Obispo Countywide Plan to Address Homelessness (2022-2027). List and describe as many that are applicable.

Check any specific
population(s)
expected to be
served through this
project:

Adults with children
Adults without children
Elderly/Senior
Parenting Youth
Chronically Homeless
Veterans
Domestic Violence Survivors
Persons with Disabilities
Unaccompanied Youth (under 25 years of age)
Individuals with Co-occurring Disorders (Substance Use and Mental Health) 5CHC's Housing Program braids available funding sources and with multiple sources of funds, 5CHC is able to target funds with differing eligibility criteria in order to maximize their use to serve those with the highest needs and greatest number possible. 5CHC’s housing and stabilization services including landlord cultivation,case management support, and subsistence payments for rent, application fees and deposits to individuals, following a coordinated entry assessment and progressive engagement model. With these activities we will work to quickly identify and resolve barriers to gaining or maintaining housing.

This is a continuing effort. 5CHC has been successfully administering Rapid Re-housing and Homeless Prevention programs since 2015. 5CHC is currently under contract or has been awarded more than 10 local, state, and federal grants to provide RRH and HP services.

The proposed project directly supports the following Lines of Effort:

Line of Effort 2: Focus efforts to reduce or eliminate the barriers to housing stability for those experiencing homelessness or at risk of homelessness, including prevention, diversion, supportive services, and housing navigation efforts.

Line of Effort 3: Improve and expand data management efforts through HMIS and coordinated entry system to strengthen data-driven operational guidance and strategic oversight.

5CHC actively participates in HMIS and Coordinated Entry and seeks to support efforts through accurate and timely data collection to inform data-drive operation guidance and determine program success.

Council Agenda 12-5-2023 11.A-9
Attachment 2
Packet Page 211

2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 5 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

10.How does your program/service complement and collaborate with existing efforts in the County? Describe how the program/project will increase capacity of services/housing for persons experiencing homelessness and at-risk persons in the County.

11.Describe any consultation with local jurisdictions to gain support for the project. Describe any support you have from local jurisdictions.

12.Name partner agencies as applicable and describe how they will be participating in the delivery of the proposed activity.

5CHC Homeless Services program is integrated in the local Continuum of Care, focusing on collaboration and strategic action. 5CHC is a key participant in the Coordinated Entry System receiving referrals community partners throughout the compendium of services. Additionally, 5CHC staff participate in HSOC at all levels and regularly participate in evidence-based trainings (Mental Health First Aid, etc.) 5CHC also has a program of providing staff trainings monthly with other service professionals and partner agencies. 5CHC seeks to streamline services through collaborative work with service providers throughout the County. By coordinating efforts and providing consistent services throughout the County, 5CHC ensures the ability to maximize resources and prevent duplication of services and benefits.

While 5CHC did not secure letters of support for this application, each City in the County (with the exception of Atascadero) has supported 5CHC RRH and HP activities through its CDBG allocation. In addition the Cities in South County ()A.G., GB, and PB) each contribute through other grant or GF support. 5CHC engages with a broad spectrum of community partners to assist those needing housing assistance. In particular 5CHC, ECHO and CAPSLO, as part of the coordinated entry system. However, with the influx of COVID funding the last two years, 5CHC has built an even more extensive referral network consisting over more than 10 partner agencies, including CAPSLO, ECHO, Transition Mental Health Association, the Housing Authority of San Luis Obispo, Lumina Alliance, San Luis Obispo Legal Assistance Foundation, and Family Resource Centers throughout the County. 5CHC has become the hub for Rapid Re-housing and Homeless Prevention services, serving clients from San Miguel to Cambria to Nipomo with the help of our partners. Agencies refer prospective clients to be screened for eligibility for for RRH/HP assistance through 5CHC; this referral network has allowed us to maximize our resources, coordinate efforts, and avoid duplication of services and benefits.

Council Agenda 12-5-2023 11.A-10
Attachment 2
Packet Page 212

2024 NOFA – Public Services Application

DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 6 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

13. Describe how you will ensure that the proposed project is accessible to communities of color which are disproportionately impacted by homelessness, particularly Black, Latinx, Asian, Pacific Islander, and Native and Indigenous communities. If you have previously received a grant to serve any of the affected communities, please provide a brief description of those grant activities and the outcomes you achieved.

Indicate the predicted performance outcomes listed below.

If not applicable, mark N/A or zero.

Number of unsheltered persons to become sheltered:

Number of people experiencing homelessness to be entering permanent housing:

Number of people experiencing Chronic Homelessness served:

Number of persons At-Risk of Homelessness served:

Number of Unaccompanied Youth served:

Number of Youth At-Risk of Homelessness served:

Number of persons in families with children served:

Total:

Number of persons to be served by facility or program during the program year:

V. CDBG – if requesting CDBG funds
Amount of CDBG Funds
Requested $______________________
Please indicate the amount
you are requesting for each
jurisdiction

Arroyo Grande $________________

Atascadero $________________

Morro Bay $________________

Paso Robles $________________

Pismo Beach $________________

San Luis Obispo $________________

County $________________ 5CHC has a policy of promoting inclusiveness and diversity to enrich its programmatic effectiveness. 5CHC's has a strong record of collaborating across systems to identify and serve those most in need by partnering with diverse community groups. 5CHC is a member of the Diversity Coalition San Luis Obispo County. 5CHC is currently participating with the Central Coast Regional Equity Initiative, under the leadership of the Community Foundation and the UCSB Blum Center. As an example, 5CHC partnered in the 2020 Census, was a member of the County's COVID Task Force, and currently partners with UndocuSupport fund - in each case joining a robust network of public and private agencies to reach these same hard-to-reach populations. ).

N/A
40 HH
22 HH
62 HH
N/A
92,333
13,095
4,667
3,500
16,333
5,238
20,333
29,167
Council Agenda 12-5-2023 11.A-11
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2024 NOFA – Public Services Application

DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 7 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected] Estimated number of
unduplicated persons or
households to benefit from
CDBG funds
Persons: ________

Households: __________
Please select the national
objective that best applies to
the proposed project.

Low/Moderate Income

Urgent Need (e.g., after a natural disaster)

LOW/MODERATE INCOME
Select which criteria the
proposed project intends
to qualify under to meet the
Low/Moderate Income objective

Area Benefit
Low/Moderate Income Clientele
Limited Clientele
Housing
Jobs/Micro-Enterprises
N/A – Low Moderate Income NOT Selected
Identify all eligible activities
that apply to the proposed
project.

Public Services (General)
Operating Costs of Homeless/AIDS Patients Programs
Senior Services
Handicapped Services
Legal Services
Youth Services
Transportation Services
Substance Abuse Services
Services for Battered and Abused Spouses
Crime Awareness or Neighborhood Cleanups
Fair Housing Activities
Tenant/Landlord/Housing Counseling
Child Care Services
Health Services
Services for Abused and Neglected Children
Mental Health Services
Subsistence Payments, Homeless Assistance, Rental Housing Subsidies or Security Deposits
Job Training and Job Placement Services
Assistance to microenterprises (technical assistance, business support services, and other similar services to owners of microenterprises or persons developing microenterprises)

14. Explain how the proposed project meets the selected National Objective.

37 16
Assistance will be provided to benefit a clientele who are generally presumed by HUD to be principally L/M income persons - those who are homeless. This population is among those who are currently presumed by HUD to be made up principally of L/M income persons: Reference: §570.208(a)(2)(i)(A) Additionally, as some assistance will be provided to those of imminent threat of homelessness, 5CHC's program additionally requires information on family size and income so that it is evident that at least 51% of the clientele are persons whose family income does not exceed the L/M income limit. Reference:
§570.208(a)(2)(i)(B) and (C)
Council Agenda 12-5-2023 11.A-12
Attachment 2
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2024 NOFA – Public Services Application

DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 8 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

15. Will the services offered by your organization increase or expand as a result of CDBG assistance? If yes, explain.

16. If your project serves any of the presumed benefit populations under the Low/Moderate Income national objective, please describe how the project will directly benefit the populations identified.

VI. ESG – if requesting ESG funds
Amount of ESG Funds
Requested $______________________
Identify all eligible activities and their amounts that apply to the proposed project

Emergency Shelter $________________ Approximate Persons Served: _____________

Street Outreach $________________ Approximate Persons Served: _____________

Rapid Re-Housing $________________ Approximate Persons Served: _____________

Homeless Prevention $________________ Approximate Persons Served: _____________

HMIS $________________

Based on our request of $92,333 compared to a current grant of $41,871; we anticipate serving not less than 10 additional households. Our current contract calls for serving 6 households with $41,871. With the $50,000 increase requested, we seek to provide assistance to not less than 16 households. That said, our track record to maximize use of these funds has traditionally resulted in actual outcomes more than 30% above goal. With these funds, we would seek to do the same, while ensuring that families housing is stabilized and they have the resources to maintain their housing.

Through the Coordinated Entry assessment, clients are asked whether they are homeless, length of time homeless, etc.
151,945
69,487 26
68,557 14
13,901
Council Agenda 12-5-2023 11.A-13
Attachment 2
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2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 9 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

17.ESG Matching Funds (1:1 match required)
Sources:
$
$
$
$
$
$
$
$
Total $
VII. PLHA – if requesting PLHA funds
Amount of PLHA Funds
Requested $______________________
Estimated number of
unduplicated persons or
households to benefit from
PLHA funds
Persons: ________
Households: __________
Identify all eligible activities
that apply to the proposed
project.

Rapid Re-housing
Rental Assistance
Supportive/Case Management
Operating and Capital Costs for Navigation Centers
Operating and Capital Costs for Emergency Shelters
Operating and Capital Costs for New Construction, Rehabilitation, and Preservation of Permanent and Transitional Housing
PRIVATE CASH DONATIONS 151,945
Council Agenda 12-5-2023 11.A-14
Attachment 2
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2024 NOFA – Public Services Application

DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 10 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

18. Describe all eligible activities that apply to the proposed project.

Must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8). An applicant allocated funds for the new construction, rehabilitation, and preservation of permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255, subdivision (b).

VIII. HOME – if requesting HOME funds (TBRA ONLY)
Amount of HOME Funds
Requested $______________________
Estimated number of
unduplicated persons or
households to benefit from
HOME funds
Persons: ________

Households: __________
Provide proposed funding amounts and approximate number of households to be served:

Rental Subsidy $________________ Approximate Persons Served: _____________

Utility Subsidy $________________ Approximate Persons Served: _____________

Security and Utility Deposits $________________ Approximate Persons Served: _____________

19. Please describe your organization’s client application, intake, and preliminary assessment process.

Please provide a sample of client intake documents, as applicable, in the attachments section.

$81,531
32 14
40,526 16
41,005 16
5CHC is a member of the Coordinated Entry collaborative, a system utilized by Homeless Service Providers throughout the County that provides a standardized intake assessment and referrals to ensure a more consistent and streamlined experience for those seeking services. During this initial intake, clients complete a comprehensive needs assessment, identify barriers to employment or housing, and develop an immediate action plan. Additionally, this assessment provides an opportunity to identify what services or resources a client is already connected to in an effort to reduce duplication of services. Clients are screened for homeless status (homeless certification forms) and income eligibility.

Council Agenda 12-5-2023 11.A-15
Attachment 2
Packet Page 217

2024 NOFA – Public Services Application

DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 11 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

20. Describe your organizational collaboration with other local organizations to assist TBRA income eligible households.

HOME Matching Funds (25% match required)
Sources:
$
$
$
$
$
$
$
$
Total $
IX. GFS – if requesting GFS funds
Amount of GFS Funds
Requested $______________________
Estimated number of
unduplicated persons or
households to benefit from
GFS funds
Persons: ________

Households: __________
Identify all eligible activities
that apply to the proposed
project.

Emergency Shelters
Warming Centers
Safe Parking
Street Outreach
Essential Services for Persons Experiencing Homelessness Tenant Based Rental Assistance (TBRA)
5CHC engages with a broad spectrum of community partners to provide housing assistance. In particular 5CHC, ECHO and CAPSLO, as part of the coordinated entry system. Additionally, 5CHC has built an even more extensive referral network consisting over more than 10 partner agencies, including CAPSLO, ECHO, Transition Mental Health Association, the Housing Authority of San Luis Obispo, Lumina Alliance, San Luis Obispo Legal Assistance Foundation, and Family Resource Centers throughout the County. 5CHC has become the hub for Rapid Re-housing and Homeless Prevention services, serving clients from San Miguel to Cambria to Nipomo with the help of our partners. Agencies refer prospective clients to be screened for eligibility for for RRH/HP assistance through 5CHC; this referral network has allowed us to maximize our resources, coordinate efforts, and prevent duplication of services and benefits.

Private Cash Donations 20,382.75
81,549
32 14
Council Agenda 12-5-2023 11.A-16
Attachment 2
Packet Page 218

2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 12 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

21.Describe all eligible activities that apply to the proposed project.

X. Attachments
Attachment A – Budget, Leveraged-Funds, and Budget Narrative (Required) Please attach a Budget and Budget Narrative for the project for which you are applying. The budget narrative should include FTEs to be provided. Please include the value of any matching funding.

Attachment B – Timeline (Required)
Attach a timeline for key steps of project implementation.

Attachment C - Most Recent Audit (Required)
Attachment D - Proof of Active SAM.gov Registration (Required) Attachment E – Incorporation Documents (Required)
Attachment F – CDBG Acknowledgements (Required if Applicable) Attachment G – Organization Mission Statement (Required) Attachment H – Match Certification Letter (if applicable) 1:1 match required for ESG; 25% match required for HOME TBRA Attachment I – Client Intake Forms (if applicable)
Attachment J – Letters of Support (Optional)
Please attach any letters of support or commitment from local governments or community partners.

Attachment K – Supplemental Answers to Questions (Optional) If you need more room to answer any of the application questions, please attach additional information here.

Include the question number for each question being answered.

For other additional or optional attachments, please label them clearly (e.g. Attachment L – “Title”).

XI. APPLICATION SUBMISSION:

Applications and accompanying documents are due to Homeless Services Division, Department of Social Services by 9:00 pm on November 5, 2023.

Electronic Copy – email to [email protected] Subject line: 2024 NOFA Public Services Application – (Applicant Name) 5CHC seeks to administer TBRA funds to eligible residents throughout SLO County. 5CHC has administered homeless prevention programs, including subsistence payments and rental subsidies for many years.

However, in recent years, rising rental costs have impacted local residents that are median wage earners. 5CHC is no longer just seeing extremely low income households seeking assistance and served through ESG HP, but rather low-moderate wage earners are seeking our assistance daily. It is vital we are able to provide quick and early intervention to these households; the majority are able to stabilize within 3 months of TBRA assistance.

Council Agenda 12-5-2023 11.A-17
Attachment 2
Packet Page 219

COUNTY OF SAN LUIS OBISPO

DEPARTMENT OF SOCIAL SERVICES

I. PRIMARY APPLICANT INFORMATION (LEAD AGENCY)
Organization Name
Type of Organization Non-Profit For Profit Gov’t/Public Other:

Select all that apply; you will be
required to fill out additional
details for each source requested.

Community Development Block Grants (CDBG)
Emergency Solutions Grants (ESG)
Permanent Local Housing Allocation (PLHA)
HOME Investment Partnership Program (TBRA ONLY)
County General Funds Support (GFS)
Total Funding Requested $______________________
Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO) 95-2410253
Elizabeth "Biz Steinberg, Chief Executive Officer
Joan Limov, Chief Financial Officer
805-544-4355
[email protected]
1030 Southwood Drive
San Luis Obispo, CA 93401
December 9, 1965
$101,736,376
950
216
97,699
Council Agenda 12-5-2023 11.A-18
Attachment 3
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1.Describe the applicant’s history of receiving and managing grants from County/State/Federal sources.

2.Briefly describe your organization’s auditing requirements, including those for the proposed project. (As outlined in 2 CFR § 200.500)

3.Describe how the organization participates in HMIS, Coordinated Entry, and the San Luis Obispo County Continuum of Care.

Since its inception in 1965, CAPSLO has received and successfully managed a variety of grants that address the unmet needs of low-income and vulnerable individuals and families. Below are examples of grants received from County, State, and Federal sources.

County - Includes but is not limited to, over 20 years of funding from CBO/PHG, DSS, and CDBG funding.

Also ESG, General Funds, and more recently Coordinated Entry, CESH, and PLHA grants.

State - Includes but is not limited to, Office of Emergency Services, Office of Child Abuse Prevention, and Community Services Block Grant funding, which designates the agency as a Community Action Agency.

Federal - The majority of CAPSLO's funding comes from the Office of Head Start, which the agency has been receiving since 1965. For over 20 years we've also received funding from the Area Agency on Aging and Low Income Home Energy Assistance Program (LIHEAP. In 2017, CAPSLO was awarded a Federal Substance Abuse and Mental Health Services Administration (SAMHSA) grant for providing services to dual-diagnosed, chronically homeless individuals in its SLO-Hub program.

CAPSLO undergoes an agency-wide, rigorous audit process annually by the firm of Brown Armstrong Certified Public Accountants. The process includes inquiry and observation to understand and evaluate CAPSLO’s internal controls, confirmations, interim testing and compliance audits, and substantive procedural analysis. Critical audit areas include compliance with federal and state awards, expenses for program and support services, accounts payable and accrued liabilities, program revenue and unearned deferred revenue, cash, property and equipment, and long-term debt.

A summary of the audit is formally presented by Brown Armstrong to both the Audit and Finance Committees of the Board, as well as the full Board of Directors and senior management.

Not applicable to this application, but CAPSLO's Homeless Services Division does participate:

CAPSLO has participated in HMIS since its inception, often taking a leadership role in assisting other agencies as they have joined in recent years. Each agency currently has a license for operation and trained program staff. In addition, CAPSLO purchased and developed ClientTrack, an advanced case management and housing solution system acquired to participate in Coordinated Entry, enabling organizations to safely share information on clients in an effort to reduce duplication of services. This tracking system is HMIS compliant and is used to collect and manage data associated with assessments on and referrals for individual clients at a higher level of detail then the county’s HMIS. CAPSLO currently uses this program for client file management, case management coordination, and service reporting both for case managed clients as well as all homeless division activities.

Council Agenda 12-5-2023 11.A-19
Attachment 3
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2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 3 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

4.Briefly describe your agency’s record keeping system with relevance to the proposed project.

5.Describe the organization’s experience delivering related programs/projects.

6.Identify all budgeted funds for homelessness-related services and housing opportunities.

Include leveraged funding in the budget attachment to exhibit financial sustainability of the project beyond the grant term if awarded.

Does your organization comply
with the Generally Accepted
Accounting Principles?
Yes No
IV. PROPOSED PROJECT and PROJECT DETAILS
Name of proposed
project

Project/Program
address(es)

Client/household demographic data is captured, including household income, size, disability status, age, services provided, etc. Appropriate income documentation is required, which includes one of the following: recent pay-stubs, bank statements, income tax returns, or proof of participation in approved alternative low-income program (provided the income thresholds are equal or lower than the HUD identified income levels). All copies of client household data are kept in client files, and recorded in Hancock Software, the Energy Service's program database, and in CAPSLO's agency-wide database, ClientTrack.

CAPSLO's Energy Services Division, has provided weatherization, and energy conservation programs for the county since 1978, with the Minor Home Repair program added in 1995. CAPSLO is a licensed general contractor (#623259). Work provided under this contract will be performed by staff who have experience in various phases of construction using existing vehicles, tools, equipment, and storage space for materials.

This specific project has been funded through county and city CDBG funds for over 20 years (not consecutively).

Not applicable for this grant, but the agency does provide homeless-related services. Out of an approximately $2 million 2023 budget for the Homeless Services Division, about half is received from local government grants. The remainder is private donations, Friends of 40 Prado fundraising, and corporate giving.

Minor Home Repair
3970 Short Street, Suite 110, San Luis Obispo, CA 93401 Council Agenda 12-5-2023 11.A-20
Attachment 3
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2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 4 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected] Areas served City of Arroyo Grande City of Atascadero City of Pismo Beach City of Paso Robles
City of Morro Bay City of Grover Beach
City of San Luis Obispo Countywide
Unincorporated communities of

7. Provide a brief narrative of the proposed project including projected outcomes. How would you describe your project to the public in one paragraph?

8. Is this effort new, continuing, or expanding? Please describe.

9. Describe how the project will align with the Lines of Effort to support the San Luis Obispo Countywide Plan to Address Homelessness (2022-2027). List and describe as many that are applicable.

Check any specific
population(s)
expected to be
served through this
project:

Projected outcome: 100% of the elderly and disabled individuals served through the Minor Repair program's CDBG funds, will remain independent and in their permanent, stable housing. This outcome is measured through a survey upon completion of services.

This is a continuing effort. The need for home repair and access-improvement services for elderly and disabled individuals is ongoing. These funds will allow us to continue to provide services to those in need, keeping them safely housed and independent.

Minor Home Repair aligns best with the county's "Line of Effort 2: Focus efforts to reduce or eliminate the barriers to housing stability for those experiencing homelessness or at risk of homelessness, including prevention, diversion, supportive services, and housing navigation efforts." This project is a supportive service for one of the county's identified beneficiary groups -- older adults/medically fragile. This project keeps this population safely housed and helps prevent homelessness due to substandard housing and accessibility issues.

Council Agenda 12-5-2023 11.A-21
Attachment 3
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2024 NOFA – Public Services Application

DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 5 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

10. How does your program/service complement and collaborate with existing efforts in the County? Describe how the program/project will increase capacity of services/housing for persons experiencing homelessness and at-risk persons in the County.

11. Describe any consultation with local jurisdictions to gain support for the project. Describe any support you have from local jurisdictions.

12. Name partner agencies as applicable and describe how they will be participating in the delivery of the proposed activity.

Minor Home Repair is a unique service provided in the community that collaborates with other County programs serving seniors, such as DSS and In-Home Support Services. Our program, along with County senior serving programs, cross-refer to each other if additional support services are identified as being needed. We work together to ensure the safety and independence of the seniors in SLO County.

Throughout the country, we are faced with an aging population and many elderly seniors have limited financial resources. As people age in their homes, there is a growing need for support to deal with disability and limitations that arise. In addition, affordable housing remains a critical need for SLO County's low-income, elderly, and disabled population. Many of these individuals reside in housing that is substandard and in need of repairs. Additionally, both affordable housing and residential care for seniors is very limited in the county, especially for very low- and low-income individuals.

Because demand consistently exceeds available funding, there is a waiting list for these services.

This program has consistently been supported by local jurisdictions as evidenced by the many years of CDBG funding received by both SLO County and City of Pismo Beach.

As mentioned in #10 above, county senior serving agencies refer over to Minor Home Repair for services.

In addition, CAPSLO’s Energy Services works closely with other partner agencies which provide supplemental services, including Tri-Counties Regional Center, Independent Living Resource Center, Salvation Army, Catholic Charities, Loaves and Fishes, SLO Housing Authority, local VA Service Center, and local churches. Clients of Minor Home Repair are also referred over from other CAPSLO programs, for example, Family Preservation, an in-home parent education and direct services program where staff may serve grandparents who are guardians to their grandchildren. In providing sensitive case management type services in the home, staff can easily identify homes that are in need of repair, or are notified by clients regarding their difficulties, such as accessibility in the home, and can refer the family over.

Lastly, Area Agency on Aging is a long standing partner to this program, providing funding for Minor Home Repair for seniors, but this funding is strictly limited to small repairs with $450 or less in material expenses and only seniors (60 and older) are eligible.

Council Agenda 12-5-2023 11.A-22
Attachment 3
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2024 NOFA – Public Services Application

DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 6 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

Indicate the predicted performance outcomes listed below.

If not applicable, mark N/A or zero.

Number of unsheltered persons to become sheltered:

Number of people experiencing homelessness to be entering permanent housing:

Number of people experiencing Chronic Homelessness served:

Number of persons At-Risk of Homelessness served:

Number of Unaccompanied Youth served:

Number of Youth At-Risk of Homelessness served:

Number of persons in families with children served:

Total:

Number of persons to be served by facility or program during the program year:

V. CDBG – if requesting CDBG funds
Amount of CDBG Funds
Requested $______________________
Please indicate the amount
you are requesting for each
jurisdiction

Arroyo Grande $________________

Atascadero $________________

Morro Bay $________________

Paso Robles $________________

Pismo Beach $________________

San Luis Obispo $________________

County $________________ All CAPSLO programs have a focus of serving low-income, vulnerable populations of all different races and backgrounds. CAPSLO serves a high percentage of Hispanic individuals/families, making up 75% of all clients served, which is higher than the overall SLO County percentage of 23.2%. Staff are hired who are bilingual/bicultural in Spanish and English in order to best serve clients in their primary language. In addition, program materials are available in English and Spanish. CAPSLO is seeing an increase in services to Mixteco speaking clients, and if needed, translation services are utilized in order for staff to be able to assist monolingual speaking individuals. In terms of accessibility, there are several CAPSLO programs, including Minor Home Repair, that provide services directly in the communities and in client's homes.

These services help remove barriers to access for underserved and isolated community members.

N/A
N/A
N/A
35 N/A
N/A
10 45
35 97,699
$22,699
75,000
Council Agenda 12-5-2023 11.A-23
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2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 7 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected] Estimated number of
unduplicated persons or
households to benefit from
CDBG funds
Persons: ________
Households: __________
Please select the national
objective that best applies to
the proposed project.

Low/Moderate Income
Urgent Need (e.g., after a natural disaster)

LOW/MODERATE INCOME
Select which criteria the
proposed project intends
to qualify under to meet the
Low/Moderate Income objective
Area Benefit
Low/Moderate Income Clientele
Limited Clientele
Housing
Jobs/Micro-Enterprises
N/A – Low Moderate Income NOT Selected
Identify all eligible activities
that apply to the proposed
project.

14.Explain how the proposed project meets the selected National Objective.

35 15
The proposed project meets the National Objective as 100% of the beneficiaries of the proposed activities will be low to moderate income persons. The specific group of persons the proposed project will serve are seniors and disabled individuals. CAPSLO requests documentation of family/individual income for clients of the Minor Home Repair program.

Council Agenda 12-5-2023 11.A-24
Attachment 3
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2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 8 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

15.Will the services offered by your organization increase or expand as a result of CDBG assistance? If yes, explain.

16.If your project serves any of the presumed benefit populations under the Low/Moderate Income national objective, please describe how the project will directly benefit the populations identified.

VI. ESG – if requesting ESG funds
Amount of ESG Funds
Requested $______________________
Identify all eligible activities and their amounts that apply to the proposed project Emergency Shelter $________________ Approximate Persons Served: _____________ Street Outreach $________________ Approximate Persons Served: _____________ Rapid Re-Housing $________________ Approximate Persons Served: _____________ Homeless Prevention $________________ Approximate Persons Served: _____________ HMIS $________________
This funding will allow for this service to continue in the County and in the City of Pismo Beach.

The program benefits low-income seniors by completing essential accessibility improvements, health and safety repairs, and other repairs with the goal of helping vulnerable members of the community remain in their homes. In some cases, there is an immediate difference in the clients' lives by providing access into and out of their homes, making them less dependent on others, and providing independence and freedom to individuals who previously did not have a way to enter and exit their homes without assistance.

NA
Council Agenda 12-5-2023 11.A-25
Attachment 3
Packet Page 227

2024 NOFA – Public Services Application

DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 9 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

17. ESG Matching Funds (1:1 match required)
Sources:
$
$
$
$
$
$
$
$
Total $
VII. PLHA – if requesting PLHA funds
Amount of PLHA Funds
Requested $______________________
Estimated number of
unduplicated persons or
households to benefit from
PLHA funds
Persons: ________

Households: __________
Identify all eligible activities
that apply to the proposed
project.

NA
Council Agenda 12-5-2023 11.A-26
Attachment 3
Packet Page 228