Pismo Beach City Council
May 21, 2024

AGENDA
Pismo Beach City Council
Pismo Beach Public Financing Agency
Tuesday, May 21, 2024
Time Meeting Type Physical Location Virtual Viewing Option 5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual viewing is offered via Zoom.
2 Broadcast meeting also available for viewing on cable Channel 20 and online at pismobeach.org/agenda.

0.HYBRID MEETING INSTRUCTIONS:

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

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

Watch via Zoom:
•Click this link on any computer or mobile device: https://us02web.zoom.us/j/84823715585 . This URL may also be typed into a web browser.

Listen via telephone:
•Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted.

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

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

Submit written comment prior to, or during, the meeting:
•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:
•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:
•In the event a Council Member participates in this meeting by teleconference under the provisions of Government Code Section 54953(f), public comment will be accepted via Zoom, including by telephone audio, as required by law. However, the timing of a request by a Council Member to participate remotely may not allow sufficient time to post an agenda containing information on how the public may participate via Zoom or telephone. In such instances, the City Clerk or another staff member will orally provide such information at the meeting.
•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 attendees may be visible to other meeting attendees, 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.

Pismo Beach City Council Agenda May 21, 2024

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:

City Council:

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

Public Financing Agency Board of Directors:

Chair: Waage
Vice-Chair: Reiss
Board Members: Guthrie, Inman, Newton

2. PLEDGE OF ALLEGIANCE

3. ACCEPTANCE OF AGENDA

4. PRESENTATIONS

Item 4.A: Proclamation: Recognizing May as California Tourism Month (Jackson)

Item 4.B: Proclamation: Recognizing May 19–25, 2024 as National Public Works Week (Fine)

Item 4.C: Presentation: APWA and ASCE Project of the Year for the Ocean Boulevard Improvement Project (Fine)

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

Pismo Beach City Council Agenda May 21, 2024

8. COUNCIL COMMITTEE REPORTS

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

2. California Joint Powers Insurance Authority (Reiss)

3. CAPSLO (Reiss)

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

5. Central Coast Community Energy Policy Board (Mayor)

6. Chapman Estate Foundation (Liaison) (Reiss)

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

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

9. Friends of Price House Liaison (Waage)

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

11. Homeless Services Oversight Council (Guthrie/Reiss)

12. Integrated Waste Management Authority (Newton/Inman)

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

14. REACH (Newton)

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

16. Shell Beach Improvement Group Liaison (Inman)

17. SLOCOG (Waage/Reiss)

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

19. Visit SLO CAL Advisory Committee (Inman)

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

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

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

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

Recommendation:

Adopt Minutes of the May 7, 2024 Regular Joint and Closed Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for May 5, 2024;

2. Approve the Register of Demands for April 19, 2024, April 26, 2024 and May 3, 2024.

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

Recommendation:

No action recommended; for information only.

Item 9.D: Residential Sidewalk Policy (Fine)

Recommendation:

Adopt a Resolution establishing a Residential Sidewalk Development Policy.

Item 9.E: Authorization of a Grant Application to the California Department of Housing and Community Development (HCD) for Funding under the Competitive Permanent Local Housing Allocation (CPLHA) (Graham)

Recommendation:

Adopt a Resolution to (1) authorize the City to submit an application to the California Department of Housing and Community Development (HCD) for $5,000,000 in funding under the Competitive Permanent Local Housing Allocation (CPLHA) and, if selected, authorize the Community Development

Pismo Beach City Council Agenda May 21, 2024

Director to execute a Standard Agreement, any amendments thereto, and any related documents necessary to participate in the CPLHA Program.

Item 9.F: Setting the Water Service Special Tax Rate for Fiscal Year 2024–2025 at $227.52, and Approving Posting of Said Tax to the County Assessment Roll (Feeser)

Recommendation:

Adopt a Resolution approving the updated Engineer’s Parcel/Equivalent Dwelling Unit (EDU) Table, setting the water service special tax rate for Fiscal Year 2024–2025 at $227.52, and approving posting of said tax to the County assessment roll per Government Code Section 50077(b).

10. ITEMS PULLED FROM CONSENT CALENDAR

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

None.

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

Item 12.A: General Plan / Local Coastal Program (LCP) Status Update (Graham)

Recommendation:

Receive a report on the status of the General Plan/Local Coastal Program Update and provide direction on the proposed method of moving the Update forward.

Item 12.B: Central Coast Blue Membership and Related Actions (Garcia)

Recommendation:

1. Direct staff to prepare and submit a request to the Central Coast Blue Regional Recycled Groundwater Authority (Authority) a formal request that the Pismo Beach Public Financing Agency be admitted as a member agency of the Authority;

2. Appoint the Public Financing Agency Board Vice-Chair as the Agency’s representative to the Authority Board, contingent on approval of the Agency’s membership;

3. Direct staff to work with current Authority staff to request that the Authority Board make a recommendation to the cities of Arroyo Grande and Grover Beach to amend the Joint Exercise of Powers Agreement (Agreement) as follows:
• Change the existing water purveyor contributions to reflect a contribution of 100% from the City of Pismo Beach, to reflect the withdrawal of the other city partner agencies;

Pismo Beach City Council Agenda May 21, 2024

• Remove the provision that prohibits a member agency’s Attorney from serving as the Authority Attorney, in order to allow Pismo Beach’s City Attorney to serve as the Authority Attorney;

4. Direct staff to work with current Authority staff to request that the Authority Board adopt a resolution, contingent upon amendment of the Agreement to add the Pismo Beach Public Financing Agency as a member, appointing the following City of Pismo Beach staff as the new corporate officers of the Authority:
• General Manager: City Manager
• Authority Attorney: City Attorney
• Authority Treasurer: Administrative Services Director • Clerk of the Board: City Clerk;

5. Authorize the City Manager, acting as General Manager of the Authority, to execute an amendment to the Agreement providing that the cities of Arroyo Grande and Grover Beach be permitted to withdraw from the Authority as of June 30, 2024, in lieu of the 180-day waiting period prescribed by Section 8.2 of the Agreement;

6. Contingent upon the Authority Board’s actions with respect to the above items, direct staff to return thereafter with a joint meeting agenda item including the following:
• Acceptance of the Authority Board’s recommendation for amendments to the Agreement;
• Consideration of an Amendment to the Agreement, to formally effect the changes, including authorization for the City Manager / Executive Director to execute the Amendment;
• Consideration of a budget resolution allowing the City of Pismo Beach to reimburse the cities of Arroyo Grande and Grover Beach for the value of their respective shares of the real property held by the Authority;

7. Direct the City Manager / Executive Director to take any further administrative or executive steps necessary to keep the Authority operational during the departure of Arroyo Grande and Grover Beach and the addition of the Agency;

8. Direct staff to coordinate with current Authority staff and City of Grover Beach staff, as needed, to wind down the existing agreements between the Authority and Grover Beach for financial and IT services; and arrange for the transfer of the Authority’s records to Pismo Beach’s control;

9. Direct staff continue to pursue the viability of the Central Coast Blue project on a mid- to long-term basis, exploring any available options.

Pismo Beach City Council Agenda May 21, 2024

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, June 4, 2024 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 May 21, 2024 meeting(s) of the Pismo Beach City Council was posted on May 16, 2024, 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 [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).

A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA RECOGNIZING MAY 2024 AS TOURISM MONTH IN PISMO BEACH WHEREAS, the travel and tourism industry is essential to the success of every industry and will continue to be a critical part of Pismo Beach’s economy, development, and workforce; and WHEREAS, a robust travel industry provides significant economic benefits for the entire state, generating more than $150.4 billion dollars in visitor spending in 2023; and WHEREAS, travel has been the foundation of a healthy workforce, serving as one of the largest private-sector employers in California, supporting 1.15 million jobs in 2023; and WHEREAS, spending by travelers benefits state and local governments alike, generating $12.7 billion dollars in tax revenue in 2023 to support essential public services and programs that benefit all Californians; and
WHEREAS, taxes generated by travel in 2023 saved Californians $966 per household; and WHEREAS, in San Luis Obispo Tourism generated $2.32 Billion in visitor spending, $20.7 Million in state and local tax revenue and 22,830 jobs in 2023; and WHEREAS, in Pismo Beach, Tourism generated $19.9 Million in visitor spending, $16.1 Million in state and local tax revenue in 2023; and
WHEREAS, tourism enhances the quality of life for all Californians: a 2023 study showed strong resident recognition and appreciation for tourism’s role in improving living standards; and
WHEREAS, the California Legislature in 2016 declared every May as California Tourism Month to celebrate the positive economic impact of the tourism in California.

NOW, THEREFORE, the City Council of the City of Pismo Beach hereby proclaims May 2024 as Tourism Month in Pismo Beach, and we encourage residents to discover the many ways they can play throughout Pismo Beach and the Golden State.

Dated this 21st day of May, 2024
________________________
Ed Waage, Mayor

4.A-1Council Agenda 5-21-2024

A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA RECOGNIZING MAY 19–25, 2024 AS NATIONAL PUBLIC WORKS WEEK WHEREAS, Public Works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life, and well-being of the people of Pismo Beach; and WHEREAS, these infrastructure, facilities, and services could not be provided without the dedicated efforts of Public Works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our community members; and
WHEREAS, it is in the public interest for the citizens, civic leaders, and children in Pismo Beach to gain knowledge of, and maintain an ongoing interest and understanding of, the importance of public works and public works programs in their respective communities; and WHEREAS, the year 2024 marks the 64th annual National Public Works Week sponsored by the American Public Works Association.

NOW, THEREFORE, the City Council of the City of Pismo Beach hereby recognizes May 19– 25, 2024, as National Public Works Week and urges all citizens to join with representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our Public Works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and advancing quality of life for all.

Dated this 21st day of May, 2024
________________________
Ed Waage, Mayor

4.B-1Council Agenda 5-21-2024

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
Meeting Date: May 21, 2024
TITLE:

Adoption of Meeting Minutes
RECOMMENDATION:

Adopt Minutes of the May 7, 2024 Regular Joint and Closed Meeting.

DISCUSSION:

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.

ATTACHMENTS:

1. Draft Minutes of the May 7, 2024 Regular Joint and Closed Meeting Submitted by:

Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 5-21-2024 9.A-1

DRAFT MINUTES
Pismo Beach City Council
Pismo Beach Public Financing Agency
Tuesday, May 7, 2024
Regular Joint Meeting—5:30 p.m.

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

CALL TO ORDER: 5:30 p.m.

1.ROLL CALL:

City Council:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Public Financing Agency Board:

Present: Absent:

Chair Ed Waage None
Vice-Chair Mary Ann Reiss
Board Member Marcia Guthrie
Board Member Stacy Inman
Board Member Scott Newton
Staff Present:

Nadia Feeser, Administrative Services Director / Treasurer Scot Graham, Community Development Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, City Manager / Executive Director
Erica Inderlied, City Clerk / Secretary
Mike James, Assistant City Manager
Jeff Smith, Chief of Police
Other staff present as noted below
Council Agenda 5-21-2024 9.A-2
Attachment 1

2. PLEDGE OF ALLEGIANCE

Administrative Services Director Feeser led the Pledge of Allegiance.

3. ACCEPTANCE OF AGENDA

No requests to reorder the agenda.

4. PRESENTATIONS

Item 4.A: Proclamation: Recognizing May 2024 as National Foster Care Month (San Luis Obispo County Department of Social Services)

Presented to Leann Eddy, San Luis Obispo County Department of Social Services, and Lilly Green-Williams.

5. PUBLIC COMMENT PERIOD

Call for public comment: No comment.

6. CITY MANAGER’S REPORT

City Manager Garcia commented on various topics.

7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT

City Attorney Fleishman commented on various topics.

8. COUNCIL COMMITTEE REPORTS

The Council reported on recent and upcoming meetings of various external bodies:

Council Member Inman:

Pismo Beach Conference and Visitors Bureau (CVB) Board / Lodging Business Improvement District (LBID) Advisory Board.

Council Member Guthrie:

San Luis Obispo County Homeless Services Oversight Council.

Mayor Waage:

Friends of Price House Board.

League of California Cities Coastal Cities Group, Sea Level Rise Working Group.

San Luis Obispo Council of Governments (SLOCOG) Board / Executive Committee.

San Luis Obispo County Community Fire Safe Council.

San Luis Obispo Regional Transit Authority (SLORTA).

Council Agenda 5-21-2024 9.A-3
Attachment 1

9. CONSENT CALENDAR

Call for public comment: No comment.

Action: Adopt Consent Calendar.

Motion: Newton
Second: Guthrie

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

Ayes: 5 Newton, Guthrie, Inman, Reiss, Waage
Noes: 0

Absent: 0
Abstain: 0
Recused: 0

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

Recommendation:

Adopt Minutes of the April 16, 2024 Closed and Regular Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for April 7, 2024 and April 21, 2024;

2. Approve the Register of Demands for April 5, 2024 and April 12, 2024.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for March 2024 of Fiscal Year 2024 (Feeser)

Recommendation:

No action recommended; for information only.

Item 9.D: Fiscal Year 2024 Third Quarter Financial Status Report (Feeser)

Recommendation:

No action recommended; for information only.

Action: Consensus to direct staff to return at the time of the next mid-year budget adjustment to allow the City Council to consider allocating funding for the Ventana Sports Courts project, if revenues exceed projections, or if expenditures are lower than projected.

Council Agenda 5-21-2024 9.A-4
Attachment 1

Item 9.E: Quarterly Investment Report for the Three Months of January through March 2024 – the Third Quarter of Fiscal Year (FY) 2024 (Feeser)
Recommendation:

No action recommended; for information only.

Item 9.F: Approval of the 2022 Paving Project for Proposed Fiscal Year 2025 Road Maintenance and Rehabilitation Account Funding (SB 1); Making a Determination of Exemption under the
Environmental Quality Act (Feeser)
Recommendation:

Adopt a Resolution approving the 2022 Paving Project for proposed Senate Bill 1 Road Maintenance and Rehabilitation Account funding for Fiscal Year 2025 and making a Determination of Exemption under the California Environmental Quality Act.

Legislative Record: Resolution R-2024-027 adopted.

10.ITEMS PULLED FROM CONSENT
None.

12.BUSINESS ITEMS
This item was reordered.

Item 12.A: SLOCOG Regional Safety Action Plan—Road to Zero (James) Recommendation:

Receive a presentation from SLOCOG on the Regional Safety Action Plan.

Presenting staff:

Jorge Garcia, City Manager
Guest presenters:

Stephen Hanamaikai, San Luis Obispo Council of Governments Supplemental material submitted into the record.

Call for public comment: No comment.

Action: No action.

Council Agenda 5-21-2024 9.A-5
Attachment 1

11. PUBLIC HEARINGS

Item 11.A: City of Pismo Beach and Pismo Beach Public Financing Agency Authorization for Issuance of 2024 Lease Revenue Bonds to Finance the Public Safety Facility Project (Feeser)

Recommendation:

1. Adopt a Resolution of the City Council of the City of Pismo Beach making required findings authorizing the execution and delivery of documents relating to the sale and issuance of not to exceed $48,500,000 Pismo Beach Public Financing Agency Series 2024A Lease Revenue Bonds (Public Safety Facility Project) to finance construction of a Public Safety Facility Project and authorizing and directing certain actions in connection therewith;

and

2. Adopt a Resolution of the Pismo Beach Public Financing Agency approving the execution and delivery of documents in connection with the sale and issuance of the Pismo Beach Public Financing Agency Series 2024A Lease Revenue Bonds (Public Safety Facility Project) in a principal amount not to exceed $48,500,000 and authorizing and directing certain actions in connection therewith.

Presenting staff:

Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager

Supplemental material submitted into the record.

Guest presenters:

Wing-See Fox, Urban Futures
Holly Vocal, BofA Securities

Public Hearing / Call for public comment: No comment.

Action: Adopt a Resolution of the City Council of the City of Pismo Beach making required findings authorizing the execution and delivery of documents relating to the sale and issuance of not to exceed $48,500,000 Pismo Beach Public Financing Agency Series 2024A Lease Revenue Bonds (Public Safety Facility Project) to finance construction of a Public Safety Facility Project and authorizing and directing certain actions in connection therewith.

Council Agenda 5-21-2024 9.A-6
Attachment 1

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

Ayes: 5 Reiss, Inman, Guthrie, Newton, Waage
Noes: 0

Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2024-028 adopted.

Action: Adopt a Resolution of the Pismo Beach Public Financing Agency approving the execution and delivery of documents in connection with the sale and issuance of the Pismo Beach Public Financing Agency Series 2024A Lease Revenue Bonds (Public Safety Facility Project) in a principal amount not to exceed $48,500,000 and authorizing and directing certain actions in connection therewith.

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

Ayes: 5 Reiss, Newton, Guthrie, Inman, Waage
Noes: 0

Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution PFA2-R-2024-001 adopted.

12.BUSINESS ITEMS
Item 12.A: SLOCOG Regional Safety Action Plan—Road to Zero (James) Recommendation:

Receive a presentation from SLOCOG on the Regional Safety Action Plan.

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

Council Agenda 5-21-2024 9.A-7
Attachment 1

Item 12.B: Residential Sidewalk Policy (Fine)
Recommendation:

Provide staff direction and clarification on a residential sidewalk policy.

Presenting staff:

Scot Graham, Community Development Director
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, City Manager
Jeff Smith, Chief of Police
Supplemental material submitted into the record.

Call for public comment:

Erich Shaefer commented.

Bill Isaman commented.

Gary Goldhawk commented.

Heidi McIntire commented.

Dana Hunter commented.

Don Kasper commented.

Action: Majority consensus to provide the following direction to staff:

Return with a resolution allowing the City Council to adopt a Residential Sidewalk Development Policy, as follows:

1.Require the development of residential sidewalk in the following cases:

A.New development, or
B.50%-or-more remodels;

2.Require the development of residential sidewalk in the above cases only if, on a per-block basis, the street frontage on one side of the street has 50% or more existing sidewalk, in which case continued development of sidewalk along the same side of that block will be required;

3.Do not require the development of sidewalk along blufftop streets;

4.Do not require that substandard sidewalks be brought to current standard;

5.Provide that the policy apply retroactively to development projects that have received planning entitlements, but have not yet received Council Agenda 5-21-2024 9.A-8
Attachment 1

building permits, so that any such project conditioned to construct sidewalk shall be administratively relieved of that requirement;

6.Provide that for any project with a building permit, issued November 1, 2022 or later, the scope of which includes the construction of residential sidewalk, the project applicants may submit revised drawings for plan check to eliminate the sidewalk from the scope of the project;

7.Direct staff to prepare an update to the Shell Beach Design Guidelines that reflects the revised sidewalk policy, as applicable, for the Planning Commission’s consideration;

8.Direct staff to reflect the revised sidewalk policy, as applicable, throughout the current General Plan / Local Coastal Program update.

In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

13.CITY COUNCIL COMMENTS AND REQUESTS
No action.

14.ADJOURNMENT
At 7:53 p.m. to the scheduled Closed Session meeting.

Council Agenda 5-21-2024 9.A-9
Attachment 1

Special Closed Session—4:00 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 7:54 p.m.

1. ROLL CALL:

Present: Absent:

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

Staff Present:

David Fleishman, City Attorney
Jorge Garcia, City Manager
Mike James, Assistant City Manager

2. ANNOUNCEMENT OF CLOSED SESSION ITEMS

City Attorney Fleishman announced the Closed Session item listed below.

Item 2.A: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: V. Lopez Jr. & Sons General Engineering Contractors, Inc. vs. City of Pismo Beach
San Luis Obispo Superior Court Case No. 20CV-0652

3. PUBLIC COMMENT PERIOD

Call for public comment: No comment.

4. CLOSED SESSION

The Council retired to Closed Session to consider the above items.

5. CLOSED SESSION REPORT

City Attorney Fleishman reported that there was no reportable action was taken on the above item.

Council Agenda 5-21-2024 9.A-10
Attachment 1

6.ADJOURNMENT
At 8:32 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 5-21-2024 9.A-11
Attachment 1

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B
Meeting Date: May 21, 2024
TITLE:

Payroll Register and Register of Demands
RECOMMENDATION:

1. Approve the Summary of Payroll Register for May 5, 2024;

2. Approve the Register of Demands for April 19, 2024, April 26, 2024 and May 3, 2024.

DISCUSSION:

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.

ATTACHMENTS:

1.Payroll Summary

2. Registers of Demands
Submitted by: Nadia Feeser, Administrative Services Director/City Treasurer City Manager Approval:

Council Agenda 5-21-2024 9.B-1

FOR PERIOD ENDING 05/05/24
CHECKS DATED 05/10/24

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557083-557091 9
ACH 135

EARNINGS
REGULAR 385,326.60
HOLIDAY 4,891.89
OVERTIME (Includes Comp Time Payouts)16,686.78
Administration 99.90
Building
Conference & Visitors Bureau
Police Department 13,218.40
Parking
Engineering
Fire
Recreation
Public Works 361.49
Water 1,604.20
Wastewater 1,402.79
Motor Vehicles
Subtotal-Overtime 16,686.78$

SALARY ADJUSTMENTS -
TRAINING / UNIFORM ALLOWANCE 114.00
OTHER EARNINGS 14,936.08
$421,955.35

LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 38,086.93
FICA & MEDICARE 32,795.53
STATE INCOME TAX 14,682.88
STATE DISABILITY INSURANCE 4,507.28
GARNISHMENTS 529.99
HEALTH 4,222.73
SUPPLEMENTAL DISABILITY 1,509.21
SECTION 125 2,176.56
PERS 35,535.92
DEFERRED COMPENSATION 13,559.91
ADDITIONAL LIFE INSURANCE 327.80
UNION DUES 2,277.58
PISMO ATHLETIC CLUB 492.50
OTHER
NET PAYROLL $271,250.53
DIRECT DEPOSIT DEDUCTION 264,717.39
NET PAYROLL AFTER ACH DEPOSIT 6,533.14

SUMMARY PAYROLL REGISTER
Council Agenda 5-21-2024 9.B-2
Attachment 1

City of Pismo Beach
Final Disbursement List Check Date 04/19/2024

US BANK
ACH/Vendor Check
Check#Number Payee Amount Description
ACH 12944 Leaf 91.06$ Monthly PD Copier Lease Apr 2024
129412 10434 Abalone Coast Analytical Inc 180.00 Water Analysis 129413 12275 Airgas West Inc 12.38 Helium - Rec - Mar 2024 129414 13999 Alfa Laval Inc.769.16 Maintenance Supplies 129415 12311 American Water Works Assoc 501.00 AWWA Membership Dues 7/1/24-6/30/25 129416 11382 Applied Technology Group, Inc.250.00 FCC Call Sign Renewal 2024 129417 12624 AT&T 9391012187 9,702.94 PSF Internet - 03/10/2024 - 04/09/2024 129418 12623 AT&T 9391012188 4,853.90 Phone Bill 03/10/2024 - 04/09/2024 129419 13278 AT&T 9391059148 1,935.68 Phone Bill 03/10/2024 - 04/09/2024 129420 13569 Jedidiah J. Bickel 25.00 CVB Board Meeting Stipends Q1 2024 129421 14807 Richard Blessing 75.00 Reimb: Office of Water Programs AWWT 129422 14229 Brendler Janitorial Service 16,152.00 Janitorial Services - March 2024 129423 12841 Robert Brenman 40.00 Senior Dance Band Member 4/9/24 129424 11392 Brenntag Pacific Inc.1,506.57 Sodium Bisulfite 129425 10074 Burdine Printing 1,755.85 Water Violation Notice & Postage 129426 14038 Bureau Veritas North America, Inc.4,095.00 Building Division Support Services - Feb 2024 129427 14476 Burt Industrial Supply, Inc 189.77 Maintenance Supplies 129428 14766 C&M Western, Inc 298.99 Safety Boots FY 2024 129429 12610 CalPortland Construction 83,898.26 Paving Project - Feb 2024 129430 10085 Cannon Associates 13,631.25 Paving Project CM - February 2024 129431 14554 Jeffrey Cardinal 40.00 Senior Dance Band Member 4/9/24 129432 10799 Lindsay Carter Coates 312.00 Instructor: Yoga with Lindsay 3/4-3/27/24 #11440 129433 12178 Central Coast Playgrounds, Inc.800.00 Demo & Removal - Addie Street Swing Set 129434 13951 Central Coast Portables 541.80 Portable Restrooms - 3/2/24-3/30/24 129435 11451 Channel Islands Technology Integrators' Group 15,993.52 NetMotion Project 11/14-11/17/23 & Monthly Office 365 & Phone Licenses Jan/Feb 2024 & IT Professional Services
129436 11373 Cherry Lane Nursery 562.39 Replacement Trees 129437 14202 Crisp Imaging 244.39 PSF Plans Large Format Printing 129438 12628 Dell Marketing LP 4,600.47 Computer Accessories 129439 14217 Deltina Coffee Roasters 187.50 Coffee
129440 12307 Department Of Justice 224.00 Pre-Employment Fingerprinting 129441 13675 Michael Drew Devine 25.00 PRBC Meeting Stipends Q1 2024 129442 12790 Diversified Project Services International 29,427.50 Bello/Wadsworth Waterline & Digester #1 Demo - March 2024 129443 13990 Eagle Energy, Inc.8,687.31 Diesel & Unleaded Fuel Deliveries 129444 14325 Engeo Incorporated 7,668.00 Vista Del Mar Stairway - March 2024 129445 14796 EP Safety Plus, LLC 3,685.00 Fall Protection Inspections 129446 13586 Famcon Pipe & Supply Inc.889.84 James Way Project & Distribution Maintenance 129447 12123 Farm Supply 118.53 Maintenance Supplies
129448 12993 Golden State Sealing & Striping Inc 10,700.00 Road Restriping 129449 14798 GrassrootsLab, LLC 5,000.00 Consulting - Feb 2024 129450 12277 Independent Electric Supply Inc 171.31 Reservoir Maintenance 129451 12018 Erica Inderlied 557.78 M&IE: CA Assembly Local Gov't Committee Testification 4/10-4/11/24 129452 13926 Jack Handley Construction Services 9,209.75 City Hall Doors - Feb 2024 129453 12525 JJ Fisher Construction 39,519.75 330 Main & 780 Bello Frontage Improvements - March 2024 129454 11833 Keylock Security Specialists 567.66 Facilities Maintenance 129455 14503 Scott Lakey 300.00 Clam Painting: Pismo Coast Village April 2024 129456 14739 Mike's Coffee and Tea Co.108.00 Coffee
129457 10097 Miners Hardware 1,653.73 Maintenance Supplies 129458 13683 Mojoe Termite 450.00 Termite Inspection
129459 14353 Motorola Solutions, Inc.3,336.56 Radio Chargers & Mics 129460 14611 Jon Wayne Mounts 40.00 Senior Dance Band Member 4/9/24 129461 11119 Sandra Nielsen 25.00 PRBC Meeting Stipends Q1 2024 129462 12199 Noble Saw, Inc 442.38 Equipment Maintenance 129463 14343 ODP Business Solutions, LLC 220.65 Office Supplies 129464 12315 Pacific Gas & Electric Company 5,335.88 Electricity 3/6/24-4/8/24 129465 13197 Pioneer Americas, LLC 10728 10,416.53 Sodium Hypochlorite 129466 14792 Ben Plumb 777.82 M&IE: CA Fire Mechanics 4/28-5/3/24 129467 14484 Plumbers Depot Inc.477.78 Collections Maintenance 129468 14701 Pre Con Industries 128,826.80 Police Dept. Parking Division Annex Building 129469 14079 Clare Malone Prichard 50.00 Planning Commission Meeting Stipends Q1 2024 129470 12335 Procare Janitorial Supply Inc 2,734.87 Janitorial Supplies & Safety Supplies 129471 10904 Ron Rodriguez 25.00 PRBC Meeting Stipends Q1 2024 129472 13417 Mark Roemer 25.00 CVB Board Meeting Stipends Q1 2024 129473 11266 San Luis Auto Parts Inc 327.76 Vehicle Maintenance 129474 14557 Securitas Technology Corporation 607.32 Quarterly Security & Fire Monitoring - 4/1-6/30/24 129475 10913 Siteone Landscape Supply LLC 39.57 Parks Maintenance Council Agenda 5-21-2024 9.B-3
Attachment 2

City of Pismo Beach
Final Disbursement List Check Date 04/19/2024

US BANK
ACH/Vendor Check
Check#Number Payee Amount Description
129476 11412 Jennifer Franco Smith 150.00 Portable Restrooms - Chapman Estate April 2024 129477 14113 Southpaw Sign Co., Inc.9,355.45 Memory Park & Chumash Park Sign Deposit 129478 12171 State Water Resources Control Board 548.00 Bello Bridge Annual Permit Fee 4/1/24-3/31/25 129479 12806 Donald G. Stever 40.00 Senior Dance Band Member 4/9/24 129480 14795 James Summer 50.00 Planning Commission Meeting Stipend Q1 2024 129481 13530 TCA Tools Inc 57.11 Maintenance Supplies
129482 14109 Anthony R Testa 8,350.00 Pier Plaza Monument Letters Painting & Annual Painting of Pier Plaza Whale
129483 12629 Tetra Tech Inc 1,645.00 Map Checking - Feb 2024 129484 12924 Traffic Management Inc 850.92 Street Signs 129485 12228 Turf Star, Inc.1,573.95 Equipment Maintenance 129486 10014 United States Postal Service 1,500.00 Postage 129487 12622 USA Bluebook Acct: 82507 1,509.15 Lab Supplies & WWTP Meters 129488 14095 Reed Van Rozeboom 50.00 Planning Commission Meeting Stipend Q1 2024 129489 14789 Lori Waters 92.00 Instructor: Astrology 101 4/11/24 #11488 129490 14788 Wertz Werkz 1,707.56 Rec Program Neighborhood Games 129491 12132 White Flag Pest Control Inc 581.00 Pest Control Total:463,978.10
Council Agenda 5-21-2024 9.B-4
Attachment 2

City of Pismo Beach
Final Disbursement List Check Date 04/26/2024

US BANK
ACH/Vendor Check
Check#Number Payee Amount Description
ACH 10002 Internal Revenue Service 102,745.15$ Federal Income Tax PD 04/26/24 ACH 11208 SEIU Local 620 AFL/CIO 902.54 SEIU Dues PD 04/26/24 ACH 11224 Richards, Watson, Gershon Attorneys At Law 128,882.94 Professional Legal Services Feb 2024 ACH 11305 Public Employees Retirement System 75,640.75 PERS Retirement from Springbrook EE & ER PD 04/26 ACH 12017 Vantagepoint Transfer Agents 9,580.00 Retiree Health Longevity Premiums - PD 05/01/24 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 26,641.44 ICMA 457 Deferred Comp EE& ER PD 04/26/24 ACH 12305 Franchise Tax Board 18,920.37 State Income Tax & SDI PD 04/26/24 ACH 12360 CalPERS 457 Plan 416.67 PERS 457 Deferred Comp ER & ER PD 04/26/24 ACH 12636 CALPERS 1,000,000.00 UAL Additional Discretionary Payment FY 2024 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA
725.00 ICMA Roth IRA PD 04/26/24
ACH 12944 Leaf 1,231.19 Monthly Copier Lease - Apr 2024 ACH 14257 Igoe Administrative Services 162.00 Medical and/or Dependent Care FS Monthly Participation ACH 14595 Missouri Div. of Employment Security 91.19 2024 Q1 MO State Unemployment Taxes ACH 14596 Missouri Dept. of Revenue - Taxation Division 202.62 2024 Q1 MO Withholding Taxes ACH 14810 Monstrum 948.48 Replacement Parts for Pier Plaza Whale 129492 10446 Achievement House, Inc.9,579.55 Sidewalk Cleaning Services & Pressure Washer Rental & Pismo Beach Litter Removal Services - March 2024
129493 14743 Adlerhorst International LLC 398.24 K-9 Maintenance 129494 11219 ak & company 2,500.00 SB90 Consultant & Claim Services FY 23/24 129495 11882 Alexander's Contract Services Inc 4,054.27 Water Meter Reading Services Apr 2024 129496 11382 Applied Technology Group, Inc.32,739.82 Police Radio Migration from 1000 Bello to City Hall & Radio Equipment for Radio Console Consolidation
129497 14363 AT&T Mobility 287314925891 80.48 iPad Tablet Service - Mar 2024 129498 13139 Brough Construction 167,470.75 Palisades and Chumash Parks - Mar 2024 129499 14402 Carol A. Burner 1,200.00 900 Bello Lease - May 2024 129500 13852 California Diesel & RV LLC 5,528.62 Fire Truck Maintenance 129501 10626 California Highway Adoption Co 1,050.00 Highway 101 On/Off Ramp Trash Mitigation - Apr 2024 129502 14414 California State Disbursement Unit 461.53 Tax Withholding Order PD 04/26/24 129503 14771 California State Disbursement Unit 18.46 Tax Withholding Order #2 PD 04/26/24 129504 14349 Callander Associates Landscape Architecture, Inc 2,479.42 Chumash & Palisades Park - Feb 2024 129505 10269 Carquest Auto Parts 9.02 MVR Supplies
129506 11451 Channel Islands Technology Integrators' Group 36,491.60 Monthly Help Desk April 2024 & Monthly Backup Subscriptions March 2024 & PD Teams Migration & IT Professional Services & PD Firewall Move
129507 11169 Coast Riders Powersport Sales 219.97 Vehicle Maintenance 129508 14106 Coastal 35 Consulting 2,750.00 July 4th Marine Wildlife Survey 129509 12320 Dept Of Forestry and Fire Protection 832,922.26 Sched A 4th Qtr Estimate FY 23/24 4/1/24-6/30/24 129510 13135 Digital Map Products, LP 8,139.60 GovClarity Software 1/17/24-1/16/25 129511 11222 Drive Customs 341.52 Vehicle Maintenance
129512 14814 John Eichholtz 4,826.00 Rebate: Cash for Grass 129513 11469 Eikhof Design Group Inc 3,750.00 Stormwater Inspections & Development Review - March 2024 129514 14383 Ellison Schneider Harris & Donlan LLP 801.00 Professional Services March 2024 129515 12541 Engel & Gray Inc 9,620.67 Composting Biosolids Mar 2024 129516 14308 Fire Apparatus Solutions 946.26 Vehicle & Fire Truck Maintenance 129517 13846 Franchise Tax Board-Tax Withholding-2 50.00 Tax Withholding Order PD 04/26/24 129518 13980 Garing, Taylor & Associates, Inc.6,400.00 Hinds/Ocean View Path & Chapman Estates Maintenance & Development Study - Mar 2024
129519 10398 Liliana Graham 160.00 Instructor: Ballroom/Latin Dance March Additional Private #11515 129520 12030 Grainger, Inc.934.09 Shelving for Relocation Project 129521 14246 Hunter Smith Architecture 3,232.15 City Hall Doors & Chapman Floor Plans & Ira Lease Pergola Repair Design and Engineering - Mar 2024
129522 13276 InfoSend, Inc.1,158.22 Processing-Printing-Mailing Utility Bills Mar 2024 129523 13385 IPS Group, Inc.2,773.85 IPS Transaction Fees - Mar 2024 129524 11828 Gordon Jackson 298.00 M&IE: IPW 5/3-5/8/24 129525 12525 JJ Fisher Construction 121,626.98 James Way Beautification - Feb 2024 129526 10474 Joseph Wolosz 6,500.00 Wolosz Parking Lot Lease - May 2024 129527 12096 Lee Wilson Electric Co Inc 345.00 Signal Light Maintenance - March 2024 129528 10175 Life-Assist, Inc.32.82 Medical Supplies
129529 14577 LK Graphics 232.73 Nameplates
129530 14401 Barbara L. Maraist 1,200.00 900 Bello Lease - May 2024 129531 14427 Rubio Medina 2,692.19 Architectural Design Services for the Police Annex - March 2024 129532 14042 Merjan Enterprises, Inc.85,637.53 Security Cameras for Police Migration & Police Security Camera Migration to 330 Main
Council Agenda 5-21-2024 9.B-5
Attachment 2

City of Pismo Beach
Final Disbursement List Check Date 04/26/2024

US BANK
ACH/Vendor Check
Check#Number Payee Amount Description
129533 14739 Mike's Coffee and Tea Co.54.00 Coffee
129534 10097 Miners Hardware 210.90 Maintenance Supplies 129535 14353 Motorola Solutions, Inc.140.08 Patrol Equipment 129536 14343 ODP Business Solutions, LLC 298.05 Office & Kitchen Supplies 129537 13468 Otto Electrical 2,400.00 Electrical Design - Temporary Dispatch 129538 12022 Pismo Beach Police Officer's Association 1,378.96 POA Dues PD 04/26/24 129539 14815 Poppy Market LLC 10,000.00 Bond Release
129540 14403 Betty J. Pratt 1,200.00 900 Bello Lease - May 2024 129543 13051 Micki Salazar 498.52 M&IE: IPW Los Angeles 5/4/24-5/8/24 129544 14738 SCA OF CA, LLC 13,662.62 Street Sweeping Services - March 2024 129545 14808 Dave Siegele 500.00 Deposit Refund: Art in the Park Craft Fair 4/2/23 129546 10576 SLOCO Data, Inc 489.51 Brochures
129547 11722 SP Maintenance Services Inc 4,688.75 Parking Lot & Street Sweeping Services - March 2024 129548 12321 The Gas Company 2,211.96 Gas Service 03/14/24- 04/18/24 129549 13442 Thorn Run Partners 4,500.00 Federal Lobbying Services - April 2024 129550 14639 TimeClock Plus, LLC 126.56 E-Timesheet Project Services Jan 2024 129551 12860 Townsend Public Affairs 4,000.00 Consulting Services - April 2024 129552 12924 Traffic Management Inc 343.68 Street Signs 129553 12982 Ultrex Business Products 1,633.17 Monthly Copier Usage Mar 2024 129554 12527 Water Systems Consulting Inc 134,792.05 Water Loss Audit - Feb/Mar 2024 & NCMA Staff Extension - Mar 2024 & CCB PM- Permitting- Final Design - Mar 2024 & Annual Water Use Report - Jan-Mar 2024 & New Groundwater Well Design - Feb/Mar 2024
129555 12074 Zoll Medical Corporation 825.97 Medical Supplies Total:2,912,718.65
Council Agenda 5-21-2024 9.B-6
Attachment 2

City of Pismo Beach
Final Disbursement List Check Date 05/03/2024

US BANK
ACH/Vendor Check
Check#Number Payee Amount Description
129557 10434 Abalone Coast Analytical Inc 216.00 Water Analysis 129558 10446 Achievement House, Inc.2,925.00 Shell Beach Litter Removal & Clean Up - March 2024 129559 13158 Advantage Technical Services, Inc 2,630.00 Toucan Terrace Pipeline Recoating 129560 11800 Allan Hancock College 138.00 PD Training 129561 10341 Alliant Insurance Services Inc-NPB Main 1,514.00 Facility Insurance for Events Jan-Mar 2024 129562 10640 Allstate Plastics LLC 2,324.42 Trash bags 129563 14720 American AED 1,447.43 AED - Chapman Estate 129564 11382 Applied Technology Group, Inc.10,327.50 Avtec Annual ScoutCare Renewal 2024 129565 10295 B & B Steel & Supply 283.38 Lifeguard Towers 129566 11501 Backyard Improvement Center 7,838.17 Replacement Front Gate System - Corp Yard & Facilities Maintenance 129567 14514 BEK Collective Inc 2,071.50 James Way Beautification Design - Mar 2024 129568 14819 Katelin Bergman 8.45 Refund: CC Processing Fee - Rec Cancelled Class 129569 14036 Big Wakoo Fence, Inc.4,200.00 330 Main & City Hall - Fencing 129570 11852 Bill Gaines Audio Inc 1,789.75 Audio - Mothers Day Concert 5/12/24 129571 11392 Brenntag Pacific Inc.1,183.65 Sodium Bisulfite 129572 10028 Brisco Mill & Lumber Yard 184.24 Maintenance Supplies 129573 10085 Cannon Associates 9,704.51 Ocean Blvd CM & Clarifier Rehab Bid Support - March 2024 129574 10303 Damon Castillo 1,800.00 Mother's Day Concert 5/12/24 129575 11451 Channel Islands Technology Integrators' Group 2,785.02 IT Professional Services: Remote Support 129576 14415 CLAD Consulting, Inc.47,857.50 Inspection Services - 2655 Shell Beach Rd PIP, Palisades and Chumash Park CM, Parking Annex Bid Alt, Parking Annex CM, & On Call Engineering Services - Mar 2024
129577 14247 Coastal Tree Experts, Inc.4,300.00 Tree Removal 129578 14202 Crisp Imaging 445.38 Archiving Building Plans 129579 14217 Deltina Coffee Roasters 62.50 Coffee 129580 12307 Department Of Justice 471.00 Livescan Services 129581 11222 Drive Customs 665.25 Vehicle Maintenance 129582 14631 Drum Perks Inc 300.00 Mother's Day Concert 5/12/24 129583 13697 Dudek 2,600.00 Prof Svcs GP/LCP Update 11/25/23 - 2/23/24 129584 10746 Electricraft Inc.196.56 Facilities Maintenance 129585 14325 Engeo Incorporated 1,448.54 Cliff/Ocean Storm Drain Design - Mar 2024 129586 14822 Engraving, Awards & Gifts 846.30 Ceremonial Hard Hats - Safety Facility Groundbreaking 129587 14741 Epic Entertainment, Inc.550.00 Audio Services: Safety Facility Groundbreaking 129588 14820 Mario Esparza 500.00 Deposit Refund: PBVH Event 4/20/24 129589 14638 F&H Construction 366,453.24 Public Safety Center - March 2024 129590 13586 Famcon Pipe & Supply Inc.9,176.94 Fire Hydrant Parts (Dolliver & Addie Insurance Claim) & Maintenance Supplies
129591 12123 Farm Supply 349.85 Maintenance Supplies 129592 11868 FGL Environmental 1,644.00 Organic Analysis 129593 13669 Frontal Security Services of California 175.00 Security: PBVH Event 4/28/24 129594 14798 GrassrootsLab, LLC 5,000.00 Consulting - Community Outreach - March 2024 129595 12455 Griffin Plumbing, Inc 1,514.00 Parks Maintenance 129596 12952 GSI Water Solutions Inc 2,814.40 NCMA Annual Report - Mar 2024 129597 11487 Hamner, Jewell And Associates 1,603.44 Cliff Ocean RW Services - Mar 2024 129598 11706 Shirley Horacek 240.00 Instructor: Watercolor 4/17/24 #11389 129599 12599 ICMA 1,200.00 ICMA Membership FY25 129600 12255 Iron Mountain Information Mgmt, Inc 698.94 Shredding Services City Hall - 03/27/2024 - 04/23/2024 129601 13926 Jack Handley Construction Services 115,005.59 Gull Cottage Emergency Shoring & Chapman Estate ADA Restroom Remodel
129602 11833 Keylock Security Specialists 185.76 Facilities Maintenance 129603 14734 Caron Krauch 2,500.00 Video & Photography - Safety Facility Groundbreaking 129604 12668 Rachelle Lapan 436.59 Reimb: Mileage & Parking CAPE Conference 3/24-3/29/24 129605 14674 McGrath Rentcorp 4,269.53 3 Temporary Trailers 330 Main St. - Lease 04/04/24-05/03/24 129606 14739 Mike's Coffee and Tea Co.27.00 Coffee 129607 10097 Miners Hardware 895.09 Maintenance Supplies 129608 14343 ODP Business Solutions, LLC 120.92 Office Supplies 129609 13279 Pacific Central Coast Health Centers 2,151.62 Pre-Employment Health Screening 129610 14740 Premier Supply, LLC 245.67 Maintenance Supplies 129611 12335 Procare Janitorial Supply Inc 2,967.96 Janitorial Supplies 129612 14818 April Pucciarelli 500.00 Deposit Refund: PBVH Event 4/12/24 129613 13201 Rincon Consultants, Inc.717.00 CCB EIR - Mar 2024 129614 10904 Ron Rodriguez 128.59 Reimb: Per Diem CPRS Conference 2/27-3/1/24 - PRBC Chair 129615 10452 Richard Rolson 700.00 Mobile Stage Rental: Concert In The Park 5/12/24 129616 12887 Safe Restraints, Inc.1,866.67 PD Equipment 129617 14190 Santa Ynez Valley Elite Event Party Rentals 2,422.88 Stage & Set Up - Safety Facility Groundbreaking 129618 14557 Securitas Technology Corporation 1,309.61 Security/Fire Monitoring & Service Call Council Agenda 5-21-2024 9.B-7
Attachment 2

City of Pismo Beach
Final Disbursement List Check Date 05/03/2024

US BANK
ACH/Vendor Check
Check#Number Payee Amount Description
129619 10913 Siteone Landscape Supply LLC 11.16 Maintenance Supplies 129620 10093 SLO County Auditor-Controller 10,250.00 Phoenix Parking Surcharges Feb 2024 129621 10533 SLO County Sheriff Department 3,607.94 CLETS Invoicing 2024 129622 14817 Christopher Staley 2,209.00 Background Investigation 129623 14299 Natalia Stilleson 54.00 Translation Services - Peachjar Summer Camp Flyers 129624 14440 The Top Shop 1,103.81 Uniform Hats 129625 12461 TJA Advertising 91,436.40 CVB Advertising & Promotion: March 2024 129626 14821 Traffic Management Products Inc 1,439.16 Street Signs 129627 UB*01091 DANA TREVINO (T)312.78 Refund Check 009225-000, 169 STIMSON 129628 10380 Trinity Cyclery 636.12 Electric Bike Service/Repair 129629 13392 Urban Planning Concepts 9,810.00 In-house Planning Services - March 2024 129630 12622 USA Bluebook Acct: 82507 1,229.75 Waste Water Lab & Maintenance Supplies 129631 13548 Jodi Weimer 238.00 M&IE: SLI 5/8-5/11/24 (Week 5) 129632 12132 White Flag Pest Control Inc 476.00 Pest Control 129633 14745 Xylem Water Solutions USA, Inc 8,168.31 Submersible Pump 129634 12074 Zoll Medical Corporation 1,266.15 Medical Supplies Total:773,182.92$
Council Agenda 5-21-2024 9.B-8
Attachment 2

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.C
Meeting Date: May 21, 2024

TITLE:

Update on January 9, 2023 and January 12, 2017 Emergency Proclamations

RECOMMENDATION:

No action recommended; for information only.

DISCUSSION:

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

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

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

Staff took immediate cleanup and protective measures of the sites where possible and has been working with FEMA through the California Governor's Office of Emergency Services (CalOES) for reimbursement for work and funds required to cleanup and secure the various sites. Staff attended a Recovery Scoping Meeting with FEMA on January 18, 2023. Sites that were submitted to FEMA/CalOES include:
 Section of bluff on Ocean Boulevard north of Margo Dodd Park between Seaview Avenue and Palisade Avenue
 Section of failed bluff at intersection of Palisade Avenue and Ocean Avenue  Pier Avenue Storm Drain Outfall
Council Agenda 5-21-2024 9.C-1

 Eldwayen Park Point (area in park that includes telescope and public bench)  Eldwayen Park North (section of park on north end adjacent to Ocean Boulevard Improvement Project)
 Price Canyon Slope (section of recently completed slope repair)

Summary of Current Events
The City has received reimbursement for emergency protective measures in the amount of $26,977.76 from FEMA through the California Governor's Office of Emergency Services (CalOES). Of the five sites listed above, four have been deemed ineligible by FEMA for various reasons. The Pier Avenue Storm Drain Outfall site is currently in environmental review with FEMA for a permanent repair project to replace the outfall pipe that was washed away during the storm.,

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

1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=107586&dbid=0&repo=Laserfiche Council Agenda 5-21-2024 9.C-2

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

FISCAL IMPACT:

There is no direct fiscal impact from this report.

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

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

ATTACHMENTS:

None.

Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 5-21-2024 9.C-3

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D
Meeting Date: May 21, 2024

TITLE:

Residential Sidewalk Policy
RECOMMENDATION:

Adopt a Resolution establishing a Residential Sidewalk Development Policy.

DISCUSSION:

On November 1, 2022, the City Council gave direction via minute order pertaining to the circumstances in which residential sidewalks were required to be developed by property owners. On February 16, 2024, the Council revisited the subject, provided preliminary parameters for a new policy, and directed staff to conduct additional analysis and return with an agenda item allowing the Council to further refine its policy direction.

On May 7, 2024, staff gave a presentation on the City’s residential sidewalk policy, along with a review of the direction given by the City Council at the February 16, 2024 Meeting. The full staff report from the May 7, 2024 City Council meeting can be found in the Access Pismo1 public records portal or by scanning the QR Code to the right.

The scope of the discussion, and the proposed policy provided for the City Council’s consideration as part of this agenda item, only pertains to residential sidewalks, and does not include curb, gutter and drainage improvements. The City Council’s direction with respect to residential sidewalks is as follows:

Residential sidewalks will be required for projects consisting of:
New development – In practice, this means development of a vacant lot Redevelopment – An existing dwelling is completely, or mostly demolished and a new dwelling is built in its place.
50% renovation/addition – The addition and/or remodel of a dwelling when the total square footage being added and/or remodeled equals 50% or more of the existing dwelling.

Projects must install sidewalk in the above cases only if, on a per-block basis, the street frontage on one side of the street has 50% or more existing sidewalk, in which case continued development of sidewalk along the same side of that block will be required.

Accessory Dwelling Units (ADU) shall not be included in the definition of new construction, or the calculation of remodel percentage for the requirement of sidewalk. Sidewalk shall not be required along blufftop streets or where not feasible, e.g. along streets where there 1 Full URL
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=529117&dbid=0&repo=Laserfiche

9.D-1Council Agenda 5-21-2024

is not enough right-of-way. Existing sub-standard sidewalks will not be required to be brought up to current standards.

In accordance with the Council’s direction, this policy will apply retroactively to projects that have received planning entitlements, but have not yet received building permits, so that any such project conditioned to construct sidewalk shall be administratively relieved of that requirement. Any project with a building permit issued November 1, 2022 or later, which includes the construction of residential sidewalk, may submit revised drawings for plan check to eliminate the sidewalk from the scope of the project.

Finally, the Council directed staff to prepare an update to the Shell Beach Design Guidelines that reflects this revised sidewalk policy, as applicable, for the Planning Commission’s consideration. The Council also directed staff to reflect the revised sidewalk policy, as applicable, throughout the current General Plan/Local Coastal Program update.

Conclusion and Recommendation
Staff recommends Council adopt a Resolution (Attachment 1) establishing the requirements of installing residential sidewalks. This resolution will supersede the minute order issued on November 1, 2022.

FISCAL IMPACT:

There is no direct fiscal impact associated with this report.

ATTACHMENTS:

1. Resolution
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

9.D-2Council Agenda 5-21-2024

RESOLUTION NO. R-2024-XXX

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

CALIFORNIA ESTABLISHING A RESIDENTIAL SIDEWALK DEVELOPMENT POLICY
WHEREAS, over the last several years the City Council has received information on sidewalks including responsibility for their construction and maintenance; and WHEREAS, it has long been the City’s position that the City does not install sidewalks and that it is homeowners’ responsibility to build missing sidewalks throughout the city when a parcel is developed, redeveloped, or a major modification has been made to an existing house; and
WHEREAS, on November 1, 2022, the City Council issued preliminary policy direction relating to the development of residential sidewalks, which direction shall be superseded by this action; and
WHEREAS, on May 7, 2024, the City Council received analysis from staff and provided further direction and clarification regarding the provisions of a new, comprehensive policy; and
WHEREAS, this policy only addresses residential sidewalks, and does not include curb, gutter and drainage improvements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby establishes the following policy for the development of residential sidewalks:

Circumstances Requiring the Development of Residential Sidewalks

1. The development of residential sidewalks by the property owner, constructed to City standards, shall be required along the street frontage of a parcel for development projects involving:

A. New construction, including subdivisions; or
B. Redevelopment, including tear-down and rebuilds; or
C. The cumulative remodel and/or addition of 50% or more of the floor area of a residential structure.

2. The development of residential sidewalk in the above cases shall only be required if, on a per-block basis, the street frontage on the side of the street where the project is located currently has 50% or more existing sidewalk. Exception: In the

9.D-3Council Agenda 5-21-2024
Attachment 1

case of subdivision development, the development of residential sidewalk shall always be required, and the 50%-or-more rule shall not apply.

Exceptions

1. Accessory Dwelling Units (ADUs) shall be excluded from the definition of new construction, and the floor area of an ADU shall be excluded when calculating the percentage of remodel or addition work being performed, for purposes of this policy.

2. Sidewalk development shall not be required along blufftop streets, specifically including, but not necessarily limited to, Ocean Boulevard. Whether a street is “blufftop” in nature shall be determined at the discretion of the City Engineer or designee.

3. Sidewalk development shall not be required on streets where physical constraints, such as slope, topography, or right-of-way less than 50 feet wide, prevent the practical development of sidewalk, at the discretion of the City Engineer or designee.

4. Substandard sidewalks shall not be required to be brought to current standard.

Other Provisions

1. This policy shall pertain only to the development of residential sidewalks, and shall not alter or diminish existing requirements for the private development of other residential street frontage improvements, including curb, gutter, drainage, and parking improvements.

2. Any property owner wishing to develop sidewalk where not required to do so, shall be permitted to do so.

BE IT FURTHER RESOLVED that this policy shall apply retroactively to projects that have received planning entitlements, but have not yet received building permits, so that any such project conditioned to construct sidewalk shall be administratively relieved of that requirement. Further, any project with a building permit issued November 1, 2022 or later, the scope of which includes the construction of residential sidewalk, may submit revised drawings for plan check to eliminate the sidewalk from the scope of the project.

BE IT FINALLY RESOLVED that this Resolution shall supersede the sidewalk development policy established by minute order of the City Council on November 1, 2022.

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 21st day of May 2024, by the following vote:

9.D-4Council Agenda 5-21-2024
Attachment 1

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Inderlied, City Clerk

9.D-5Council Agenda 5-21-2024
Attachment 1

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.E
Meeting Date: May 21, 2024
TITLE:

Authorization of a Grant Application to the California Department of Housing and Community Development (HCD) for Funding under the Competitive Permanent Local Housing Allocation (CPLHA)
RECOMMENDATION:

Adopt a Resolution to (1) authorize the City to submit an application to the California Department of Housing and Community Development (HCD) for $5,000,000 in funding under the Competitive Permanent Local Housing Allocation (CPLHA) and, if selected, authorize the Community Development Director to execute a Standard Agreement, any amendments thereto, and any related documents necessary to participate in the CPLHA Program.

DISCUSSION:

People’s Self-Help Housing Corporation (PSHHC), an affordable housing developer, has requested that the City apply for Competitive Permanent Local Housing Allocation (CPLHA) funds to assist with the rehabilitation work for their 12-unit multifamily affordable rental development, Sea Haven Apartments, located at 211 Addie Street.

CLPHA is a grant funding program under the State Department of Housing and Community Development (HCD) available to non-entitlement local governments to assist in various categories including rehabilitation of multifamily rental housing. Eligible activities for the grant program include substantial rehabilitation of multifamily housing projects where households are at or below 60% of Area Medium Income ($67,860 for a family of 4, per 2023 HCD data for San Luis Obispo County). The Notice of Funding Availability (NOFA) for the CPLHA Program was released by HCD on March 6, 2024 with applications due by June 6, 2024. HCD staff has confirmed that the City is an eligible applicant for funding under this program. The minimum application amount set by HCD is $500,000 and the maximum application amount is $5 million.

Should the Council adopt the Resolution authorizing the grant application for up to $5 million, PSHHC would prepare the grant funding application for submittal by June 6, 2024.

HCD CLPHA funding awards are based on a competitive program. If the application is awarded, the anticipated timeline for funding decisions would be August 2024.

Conclusion and Recommendation
Staff recommendation is to adopt a Resolution (Attachment 1) to (1) authorize the City to submit an application to the California Department of Housing and Community Development (HCD) for up to $5 million in funding under the Competitive Permanent Local Housing Allocation (CPLHA) and, if selected, authorize the Community Development Director to execute a Standard Agreement, any amendments thereto, and any related documents necessary to participate in the CPLHA program.

Council Agenda 5-21-2024 9.E-1

FISCAL IMPACT:

There is no immediate fiscal impact of approving this Resolution. The CLPHA funding available from HCD does not require a City financial match or in-kind support. In the event that the grant is awarded, staff will come back to the Council to accept the grant and appropriate the grant revenues and corresponding expenditures in the Housing In Lieu Fee Fund for a net fiscal impact of $0.

ATTACHMENTS:

1. Resolution
Prepared by:

Cindy Jacinth, Planning Manager
Submitted by: Scot Graham, Community Development Director City Manager Approval:

Council Agenda 5-21-2024 9.E-2

RESOLUTION NO. R-2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA TO (1) AUTHORIZE THE CITY TO SUBMIT AN APPLICATION TO THE

CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR FUNDING UNDER THE COMPETITIVE PERMANENT LOCAL HOUSING

ALLOCATION (CPLHA) AND, IF SELECTED, AUTHORIZE THE COMMUNITY

DEVELOPMENT DIRECTOR TO EXECUTE A STANDARD AGREEMENT, ANY

AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO

PARTICIPATE IN THE CPLHA PROGRAM
WHEREAS, the State Department of Housing and Community Development (HCD or Department) is authorized to provide up to $12.5 million under the SB 2 Permanent Local Housing Allocation Program Competitive Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and WHEREAS, HCD released a Notice of Funding Availability (NOFA) on March 6, 2024 for the Competitive Permanent Local Housing Allocation (CPLHA) Program with funding applications due June 6, 2024; and
WHEREAS, the City of Pismo Beach is an eligible non entitlement local government who has applied for program funds to administer an eligible activity; for Seahaven Apartments and the amount of CPLHA funds not to exceed $5,000,000; and WHEREAS, HCD may award, subject to selection criteria set forth in PLHA guidelines section 403, funding allocations for applicants recommended for funding, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Department and PLHA competitive grant recipients;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves and resolves as follows:

1. If the City is awarded a grant of PLHA funds from the Department pursuant to the above referenced PLHA Competitive Component NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts the City may have with the Department.

2. The City hereby agrees to use the PLHA funds for the eligible activity for which the City has submitted an application, as set forth in Section 401 of the Guidelines, and as awarded and approved by the Department in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and Council Agenda 5-21-2024 9.E-3
Attachment 1

in compliance with the Standard Agreement and other contracts between the City and the Department.

3. Pursuant to the City’s certification in this resolution, the PLHA funds will be expended only for the eligible Activity for which the City has submitted an application, and consistent with all program requirements.

4. The City certifies that, if funds are awarded for the development of new multifamily housing at or below 60 percent of area medium income (AMI) or substantial rehabilitation of multifamily rental housing at or below 60 percent of AMI, the City shall comply with Uniform Multifamily Regulations Subchapter 19, Title 25, Division 1, Chapter 7, commencing with Section 8300 and the Multifamily Housing Program Guidelines commencing with Section 7300.

5. The City certifies that, if funds are awarded for the development of an Affordable Rental Housing Development, the City shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Department- approved underwriting of the Project for a term of at least 55 years.

6. The City shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

7. The Community Development Director is authorized to execute the PLHA Competitive Component Program Application, the PLHA Competitive Component Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA Competitive Component grant awarded to the City, as the Department may deem appropriate.

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 21st day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 5-21-2024 9.E-4
Attachment 1

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Inderlied, City Clerk

CERTIFICATE AND SIGNATURE OF THE ATTESTING OFFICER
The undersigned, Officer of the City of Pismo Beach does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City Council of the City of Pismo Beach which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
________________________
Erica Inderlied, City Clerk
Council Agenda 5-21-2024 9.E-5
Attachment 1

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.F
Meeting Date: May 21, 2024
TITLE:

Setting the Water Service Special Tax Rate for Fiscal Year 2024–2025 at $227.52, and Approving Posting of Said Tax to the County Assessment Roll RECOMMENDATION:

Adopt a Resolution approving the updated Engineer’s Parcel/Equivalent Dwelling Unit (EDU) Table, setting the water service special tax rate for Fiscal Year 2024–2025 at $227.52, and approving posting of said tax to the County assessment roll per Government Code Section 50077(b).

DISCUSSION:

In March 1997, Pismo Beach voters adopted the special water service tax as Article III of Chapter 13.08 of the Municipal Code to provide the necessary revenue to assure provision of an adequate supply of water to the citizens and to meet the City’s State Water and Lopez Water Fixed Financial Obligations, with an effective date beginning July 1, 1997.

Municipal Code Section 13.08.332.C. provides that the City Council shall each year set the water service tax rate by resolution. The maximum water service tax rate allowable by Municipal Code Section 13.08.332.B. (based on actual fixed costs and reserve restrictions), for Fiscal Year (FY) 2025 is $227.52 per equivalent dwelling unit (EDU), which is calculated by adjusting the FY 2024 maximum allowable rate per year ($220.90) by the lesser of the local Consumer Price Index (CPI) increase from March 2023 to March 2024 (4.03%) (Attachment 2), or the maximum annual CPI adjustment of 3.00%.

Based on estimated expenditures and other revenues, the Water Service Tax Revenue needed for FY 2025 is $2,550,025. Based on the Engineer’s count of 7,012.44 EDUs in the city for FY 2025, this FY 2025 revenue target equates to a target tax rate of $363.64 per EDU. Since the noted target tax rate of $363.64 is above the allowable maximum, the water tax rate for FY 2025 will be $227.52, the maximum allowable that can be used in the EDU Table, rounded down to an even number that can be divisible by two, per San Luis Obispo County’s assessment requirements. Calculations are provided as Attachment 1.A.

Municipal Code Section 13.08.331.D. requires that the Engineer’s Parcel/EDU Table be updated annually using the most current information available as of March 1 of each year, including the number of EDUs, and the amount of water tax levied on each parcel for the new fiscal year. The data in this table will be transmitted to the County as the official tax roll for the FY 2025 water service tax. Action must be taken prior to July 22, 2024 to meet the deadline for placing the new water tax rate on the FY 2025 County tax roll. An attached memorandum from the Public Works Engineering Division (Attachment 3) explains the changes in the EDU table.

Council Agenda 5-21-2024 9.F-1

Conclusion and Recommendation
Staff recommends that Council adopt a Resolution (Attachment 1) approving the updated Engineer’s Parcel/EDU Table, setting the water service special tax rate for Fiscal Year 2025 at $227.52 and approving posting of said tax to the County assessment roll per Government Code Section 50077(b).

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution would result in $1.60 million of Water Service Tax revenues in the Water Tax Fund in FY 2025. Revenues generated by the Water Service Tax Rate provide funding for fixed and capital costs for obtaining State Water and San Luis Obispo County Water from the Lopez Dam, which is estimated to cost $2.38 million. Staff projects that the difference will be offset by Water Tax (Supply) Impact Fees and transfers from the Water Enterprise Fund.

ATTACHMENTS:

1. Resolution

1. A Exhibit A to Resolution: Water Service Tax Rate Calculation spreadsheet for FY 2025

2. March 2024 CPI Calculation

3. Engineering Department Memo of “EDU Adjustments for FY 2024-25” Prepared by:

Marc Arroyo, Senior Management Analyst
Submitted by: Nadia Feeser, Administrative Services Director City Manager Approval:

Council Agenda 5-21-2024 9.F-2

RESOLUTION NO. R-2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA APPROVING THE UPDATED ENGINEER’S PARCEL / EQUIVALENT

DWELLING UNIT (EDU) TABLE, SETTING THE WATER SERVICE SPECIAL TAX RATE FOR FISCAL YEAR 2024-2025 AT $227.52, AND APPROVING POSTING OF

SAID TAX TO THE COUNTY ASSESSMENT ROLL PER GOVERNMENT CODE 50077(b)
WHEREAS, Section 13.08.331.D. of the Pismo Beach Municipal Code provides that an Engineer’s Parcel / Equivalent Dwelling Unit (EDU) Table shall be updated annually to provide the most current information as to each parcel within the city and shall constitute the official tax roll of the City for the water service special tax; and WHEREAS, Section 13.08.332.C. of the Pismo Beach Municipal Code provides that the City Council shall determine the method for billing and collection of the water service special tax; and
WHEREAS, Government Code 50077(b) provides that the City Council of the City of Pismo Beach may provide for the collection of the special tax in the same manner and subject to the same penalty as, or with, other charges and taxes fixed and collected by the County on behalf of the City, and the County may deduct its reasonable costs incurred for the service before remittal of the balance to the City; and WHEREAS, effective administration of the water service special tax requires that authority be granted to the City Manager to make corrections to the Engineer’s Parcel / EDU Table.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach as follows:

1. The Engineer’s Parcel / EDU Table dated May 10, 2024, which updates the Parcel / EDU Table dated May 15, 2023, is hereby approved, subject to changes which may be made pursuant to the adjustment procedure set forth in Section 13.08.340 of the Pismo Beach Municipal Code, and to corrections which may be made pursuant to Section 4 below.

2. Pursuant to Section 13.08.332.C. of the Pismo Beach Municipal Code, the water service special tax rate for Fiscal Year (FY) 2025 is hereby set at $227.52 per EDU.

3. Pursuant to Section 13.08.360 of the Pismo Beach Municipal Code, the City Council hereby determines that the water service special tax shall be billed and collected through posting the tax to the assessment roll of the County of San Luis Obispo, except that for those taxpayers whose use is not associated with an Council Agenda 5-21-2024 9.F-3
Attachment 1

Assessor’s Parcel Number (such as, but not limited to, the State of California with respect to highway irrigation meters) the tax shall be billed directly to the taxpayer by and payable to the City of Pismo Beach.

4. Pursuant to Government Code Section 50077(b), the City Council of the City of Pismo Beach may provide for the collection of the special tax in the same manner and subject to the same penalty as, or with, other charges and taxes fixed and collected by the County on behalf of the City, and the County may deduct its reasonable costs incurred for the service before remittal of the balance to the city.

5. The City Manager or designee is hereby authorized to make changes to the Engineer’s Parcel / EDU Table to correct clerical errors or other errors in the application of Ordinance 97-03 to any parcel, and to take action necessary to correct the tax billing. Any such changes shall be reported to the City Council for Council acknowledgment at the next regular City Council meeting following the City Manager’s determination that a correction is warranted.

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 21st day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Inderlied, City Clerk
Council Agenda 5-21-2024 9.F-4
Attachment 1

City of Pismo Beach
Water Service Tax Rate Calculation for FY 2025
Balance Available at June 30, 2023 296,671$
FY 24 Projected Revenues
Water Tax 1,520,000$
State Water Buy-In - Building Permits 80,000
Transfer In from Water Enterprise Fund 500,000
Total FY 24 Revenues 2,100,000
Total FY 24 Funds Available 2,396,671
FY 24 Projected Expenditures
State Water 1,639,962
Lopez 388,732
Transfer Out to Water Enterprise Fund -
Total FY 24 Expenditures 2,028,694$
Estimated Balance at June 30, 2024 367,977$
FY 25 Projected Revenues
Water Tax (To be Calculated)
State Water Buy-In 60,000
Transfer In from Water Enterprise Fund
Total FY 25 Revenues 60,000
Total FY 25 Funds Available 427,977$
FY 25 Projected Expenditures
State Water 1,968,000
Lopez 414,402
Total FY 25 Expenditures 2,382,402$
Estimated Balance at June 30, 2025 (1,954,425)$
Less Reserve (25% of FY 25 Expenditures)595,601
FY 25 Water Tax Revenue Needed 2,550,025$
Engineer's Count of EDU's for FY 25 7,012.44
Calculated Water Tax Rate Needed 363.64$ Per EDU
Rate Cap per Municipal Code 227.52$ Per EDU
FY 25 Water Tax Revenue at the Cap Rate 1,595,471$
Proposed Water Tax Rate for FY 25: 227.52$ Per EDU
Estimated Budget FY 25 Water Tax Revenue:1,595,471$
Council Agenda 5-21-2024 9.F-5
Attachment 1.A

March 2024 CPI Calculation
Council Agenda 5-21-2024 9.F-6
Attachment 2

Council Agenda 5-21-2024 9.F-7
Attachment 3

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
Meeting Date: May 21, 2024
TITLE:

General Plan / Local Coastal Program (LCP) Status Update RECOMMENDATION:

Receive a report on the status of the General Plan/Local Coastal Program Update and provide direction on the proposed method of moving the Update forward.

BACKGROUND:

In 2018, with grant funding from the California Coastal Commission (CCC), the City started the General Plan/Local Coastal Program (GP/LCP) Update project to update the 1992 General Plan and LCP Coastal Land Use Plan as well as update the City’s 1983 and 1998 Zoning Codes into a combined Zoning Code / Implementation Plan (IP). The City has received $1,058,643 in grant funding from the CCC and the State Department of Housing and Community Development to support the Update.

The goal of the project is to update the GP/LCP to reflect the current physical, regulatory, and policy environment. This includes incorporating the latest planning trends and studies related to Sea Level Rise and Lower Cost Visitor Serving Accommodations. The GP/LCP is intended to be a modern user-friendly document to guide physical development and conservation of resources for the next 20 years. Major revisions to the GP/LCP include updating required elements including the Land Use Element, Noise Element, Conservation and Open Space Element, Safety Element, and the Circulation Element.

Other major revisions include combining certain optional elements from the 1992 GP/LCP into other required elements. For example, the Design Element is proposed to be eliminated and combined into the Land Use Element. The Facilities Element is proposed to be eliminated and incorporated into both the Land Use and Conservation and Open Space Elements. The Growth Management Element is proposed to be eliminated due to conflicts with state housing laws. The Parks, Recreation, and Access Element was originally proposed to remain unchanged, however, should Council concur with staff’s recommendation for moving the Update forward, revision of the coastal access component of this Element will be necessary.

Between 2018–2023, numerous community workshops, study sessions, public meetings and hearings were held resulting in a final draft of the updated GP/LCP Land Use Plan and Environmental Impact Report (EIR), which was reviewed by the Planning Commission and recommended for approval to the City Council in August 2023. In addition, a draft of the updated Zoning Code/IP was prepared and in October 2023; the City Council held a joint meeting with the Planning Commission to review revisions to the updated Zoning Code.

The City has experienced delays in moving the GP/LCP update process forward since the August 2023 Planning Commission meeting due to staff turnover and public concern expressed over revisions to the bluff armoring policies in the draft Safety Element. After Council Agenda 5-21-2024 12.A-1

the August 2023 Planning Commission hearing, the City experienced turnover at key positions in the planning department (Director, Planning Manager, and Administrative Secretary). The City also received input both before and after the August 2023 Planning Commission hearing from community stakeholders expressing concern related to the draft GP/LCP hazards policies found in Safety Element. Stakeholder concerns are varied, but largely focused on new policy language suggested by CCC staff that would limit the ability of residents, business owners, and possibly the City to protect properties/improvements along the bluff areas in the city. More specifically, it is the position of the stakeholder group that the new policy language would, among other things, make the repair of existing seawalls and the use of new hard armoring solutions more difficult. Some members of this same stakeholder group attended the March 5, 2024, City Council meeting, and under general public comment expressed similar apprehension with the draft policy language found in the Safety Element.

During the February 16, 2024, goal-setting meeting, the Council directed staff to obtain additional information related to bluff and hazard policies as part of the LCP update.

Discussion
Since the February 16, 2024 Council goal-setting meeting, staff has met with CCC staff twice to develop an approach to move the GP/LCP Update forward while also removing the Safety Element, allowing the City to revisit and revise the draft Hazard policies that are of concern to the stakeholder group. The concept discussed with CCC staff for revision of the Hazard policies would include a more comprehensive neighborhood specific approach to dealing with climate change, sea level rise, habitat and resource protection, and bluff erosion. In addition, CCC staff encouraged City staff to apply for additional state LCP grant funding to assist with preparation of the environmental studies and subsequent development of new neighborhood-based policies to further the LCP Update.

Focusing on a neighborhood approach to coastal hazards planning presents numerous benefits and opportunities to the City. First, separating out the Safety Element allows the City to move forward with a majority of the Update now while also working with concerned community members on revision of the draft hazards policies. In addition, the new LCP will contain one comprehensive zoning ordinance that will be consistent with the General Plan and be more user-friendly for residents, business owners, and staff.

Second, the suggestion by CCC staff inviting the City to apply for additional grant funding will allow the City to pursue a comprehensive approach to hazards planning. This tailored neighborhood-based approach could include evaluation of the condition of existing seawalls and allow a comparative analysis of coastal erosion issues along the City’s entire coastline. A variety of data will be collected as part of this effort, including geographic information system mapping, identification and location of seawalls, bluff-top structures, infrastructure, public access improvements, flood mapping, sea level rise predictions, soils and geotechnical data, and beach and bluff imagery.

Council Agenda 5-21-2024 12.A-2

Furthermore, this type of neighborhood-scale adaptation planning is consistent with the approach put forth by the Local Government Working Group (LGWG) which has also allowed City stakeholders to work with CCC regarding challenges related to updating LCPs to address sea level rise. Neighborhood-scale adaptation planning refers to an approach of identifying and developing adaptation strategies that are specific to defined areas with shared characteristics and developing LCP policies to support and implement that approach. This method would be especially useful to Pismo Beach where portions of the City’s coastline are developed with hotels, and residential development along with associated infrastructure including critical roads and utilities. Additionally, a more comprehensive adaptation solution will foster policies that better protect coastal resources including beaches, wetlands, and environmentally sensitive habitat while also enhancing and preserving recreation and public access opportunities. The neighborhood- scale approach is beneficial in that it also allows for proactively identifying specific, preferred adaptation strategy options for each neighborhood area. Some strategies might include beach nourishment, dune creation/restoration, adaptive retreat and seawall development all prioritized based on neighborhood characteristics. In addition, it avoids the application of more generic policies favored by the CCC in the past and instead aims to consider and incorporate local circumstances and local preference. This approach would be consistent with the evolving principles of adaptation planning in the state and is consistent with the conversations City staff have had with CCC staff since February 2024.

Lastly, pulling out the Safety Element policies to work with the CCC on a comprehensive strategy for the City to address short- and long-term coastal adaptation planning needs, will hopefully provide more certainty in the process and improve communication to property-owners, the Coastal Commission, and the public. This process will require an update of some of the studies that were performed as part of the vulnerability assessment in order to develop a suite of adaption strategies that address both short- and long-term needs within the City and when paired with establishment of triggers or thresholds would be incorporated into the updated Safety Element. Such an approach will provide more local control over the permitting process because the policy update would be neighborhood-specific rather than a broad application of coastal policies not reflective of circumstances specific to the City.

Next Steps
With Coastal Commission staff support of the City’s planned approach to completing the GP/LCP update (Attachment 1), staff is currently working through the following process:

 Meeting with consultants to conduct an internal review of overall policies in the draft GP/LCP as well as the draft Zoning Code to ensure the update can proceed without policy conflicts. Identifying what updating the project description and applicable sections of the Draft Environmental Impact Report would entail.  Developing a scope of work for a grant application to the Coastal Commission that identifies the studies that would be necessary to complete a comprehensive evaluation of the City’s shoreline and determine appropriate adaptation strategies, triggers, and thresholds appropriate to each neighborhood area.

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Review seawall mapping data provided by CCC staff to assist with identifying baseline information.

Revised Timeline For Completing Update

1. Remove Safety Element from GP/LCP update and move remainder of the draft GP/LCP document forward for adoption: First quarter of 2025

2. Revise Safety Element Hazard policies to reflect neighborhood adaption strategy approach: 12 to 18 months

3. Zoning Code approval, exclusive of Hazards-related requirements: First quarter of 2025
Conclusion and Recommendation
Staff recommends that the City Council review the status of the GP/LCP Update and provide direction on the proposed method of moving the Update forward.

FISCAL IMPACT:

There is no fiscal impact from staff’s recommended action. Any fiscal impacts associated with future actions relating to the GP/LCP update, such as the appropriation of future grant revenues, will be analyzed at the time they are brought to the Council for consideration.

ATTACHMENTS:

1. May 10, 2024 support letter from California Coastal Commission Prepared by:

Cindy Jacinth, Planning Manager
Submitted by: Scot Graham, Community Development Director City Manager Approval:

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STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, G OVERNOR

CALIFORNIA COASTAL COMMISSION

CENTRAL COAST DISTRICT OFFICE
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060-4508
VOICE (831) 427-4863

May 10, 2024
City of Pismo Beach City Council
760 Mattie Road
Pismo Beach, CA 93449
Subject: City of Pismo Beach LCP Update on the May 21, 2024 City Council Agenda
Dear Mayor Waage and Honorable Councilmembers:

Commission staff is writing in support of City staff’s proposal to separate the Safety Element from the rest of the General Plan/Local Coastal Program update. We agree that this process makes sense, including as it will allow for a little extra time to delve into the complex coastal hazards issues along the City’s shoreline while also ensuring the rest of the LCP can move forward, including as it addresses other critical issues in the City such as housing, public recreational access, and lower-cost overnight accommodations. We look forward to the ongoing collaboration and effective communication with the City through the LCP update process.

Sincerely,
Sarah MacGregor
Coastal Planner
Central Coast District Office
Cc: Scot Graham
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Attachment 1

PISMO BEACH CITY COUNCIL and

PISMO BEACH PUBLIC FINANCING AGENCY

STAFF REPORT
Agenda Item #12.B
Meeting Date: May 21, 2024

TITLE:

Central Coast Blue Membership and Related Actions

RECOMMENDATION:

1. Direct staff to prepare and submit a request to the Central Coast Blue Regional Recycled Groundwater Authority (Authority) a formal request that the Pismo Beach Public Financing Agency be admitted as a member agency of the Authority;

2. Appoint the Public Financing Agency Board Vice-Chair as the Agency’s representative to the Authority Board, contingent on approval of the Agency’s membership;

3. Direct staff to work with current Authority staff to request that the Authority Board make a recommendation to the cities of Arroyo Grande and Grover Beach to amend the Joint Exercise of Powers Agreement (Agreement) as follows:
 Change the existing water purveyor contributions to reflect a contribution of 100% from the City of Pismo Beach, to reflect the withdrawal of the other city partner agencies;
 Remove the provision that prohibits a member agency’s Attorney from serving as the Authority Attorney, in order to allow Pismo Beach’s City Attorney to serve as the Authority Attorney;

4. Direct staff to work with current Authority staff to request that the Authority Board adopt a resolution, contingent upon amendment of the Agreement to add the Pismo Beach Public Financing Agency as a member, appointing the following City of Pismo Beach staff as the new corporate officers of the Authority:
 General Manager: City Manager
 Authority Attorney: City Attorney
 Authority Treasurer: Administrative Services Director  Clerk of the Board: City Clerk;

5. Authorize the City Manager, acting as General Manager of the Authority, to execute an amendment to the Agreement providing that the cities of Arroyo Grande and Grover Beach be permitted to withdraw from the Authority as of June 30, 2024, in lieu of the 180-day waiting period prescribed by Section 8.2 of the Agreement;

6. Contingent upon the Authority Board’s actions with respect to the above items, direct staff to return thereafter with a joint meeting agenda item including the following:
 Acceptance of the Authority Board’s recommendation for amendments to the Agreement;
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 Consideration of an Amendment to the Agreement, to formally effect the changes, including authorization for the City Manager / Executive Director to execute the Amendment;
 Consideration of a budget resolution allowing the City of Pismo Beach to reimburse the cities of Arroyo Grande and Grover Beach for the value of their respective shares of the real property held by the Authority;

7. Direct the City Manager / Executive Director to take any further administrative or executive steps necessary to keep the Authority operational during the departure of Arroyo Grande and Grover Beach and the addition of the Agency;

8. Direct staff to coordinate with current Authority staff and City of Grover Beach staff, as needed, to wind down the existing agreements between the Authority and Grover Beach for financial and IT services; and arrange for the transfer of the Authority’s records to Pismo Beach’s control;

9. Direct staff continue to pursue the viability of the Central Coast Blue project on a mid- to long-term basis, exploring any available options.

DISCUSSION:

The City of Pismo Beach is a member of the Central Coast Blue Regional Recycled Water Authority, a Joint Powers Authority (JPA), entered into by the cities of Pismo Beach, Arroyo Grande, and Grover Beach for the purpose of operating and managing the Central Coast Blue regional recycled groundwater project at the conclusion of construction of the facility.

Phase 1 of the project included the construction of an Advanced Treatment Facility, treatment of secondary treated flows from Pismo Beach’s wastewater treatment plant, construction of injections wells and associated transmission lines, and injection of flows from the Advanced Treatment Facility. The project would have created approximately 900 to 1,000 acre-feet of additional water per year.

During the development of the construction plans and specifications, the City of Pismo Beach, as the lead agency for construction of the facility, was notified by the State of California of the loss of $10 million of a previously-promised $15 million grant. This represented approximately a 10% cost impact to the project. The project was one of nine other similar projects that received this notification throughout the state. In addition, the design firm for the City, Water Systems Consulting, provided a revised construction cost estimate that was an increase of approximately 40% over the originally-projected cost, for a revised construction cost estimate of $146 million.

The JPA member agencies met with the design consultant to look at value-engineering options to control and manage costs, as well as pursing alternative construction methodologies, such as Construction-Manager-at-Risk, to further evaluate ways to bring the cost down to a more manageable level. During this process, the City Councils of Council Agenda 5-21-2024 12.B-2

Arroyo Grande and Grover Beach provided direction to their respective staff to begin the process of exiting the JPA (Attachment 1) as well as the Cost Sharing Agreement among JPA members (Attachment 2). While the partner agencies’ exits were unexpected, as the project was scheduled to bid and an award of contract was anticipated in summer 2024, the City remains committed to water resiliency of Pismo Beach.

For almost 10 years, the City of Pismo Beach has sought an additional water source to add to its existing three sources of water (groundwater, Lopez Lake, and State Water Project). During that time, studies and alternative analysis have been conducted to determine the most probable and cost-effective approach to secure a new water source.

An indirect-potable water recycling project, like Central Coast Blue, was and continues to be the most viable option. In addition to providing a new source of developed water, it would also prevent saltwater intrusion into the groundwater basin from which Pismo Beach obtains groundwater.

Therefore, staff recommends that the City continue to pursue the viability of the project on an ongoing basis to explore what options are available for the future. This may include a scaled-down version of the project, a phased approach, or other scenarios as may become available.

It is anticipated that the City will continue to collaborate with Arroyo Grande and Grover Beach, as well as seek partnerships with other agencies, as the region looks to tackle water resiliency and reliability.

To effectuate this step, staff recommends that the JPA remain operational upon the exit of the two other city partner agencies, but at a diminished level. This would preserve the option for future partners to join the JPA without having to incur all the startup costs again, and would provide a mechanism to quickly respond to future opportunities as they arise.

The required legislative actions and other next steps to accomplish this goal are outlined below.

Separation of Member Agencies and Addition of New Member Agencies The potential for the separation of member agencies from the JPA and Cost Sharing Agreement was anticipated during the formation of the JPA. As outlined in Section 8.2. of the Joint Exercise of Powers Agreement (JEPA), “ […] any Member Agency may withdraw from the authority by providing the Authority with one hundred eighty (180) days written notice of its intent to withdraw […]”. Therefore, upon notice from the other two city agencies and expiration of the 180-day period, those agencies will be removed from the JPA. This would then leave only Pismo Beach. A JPA, by definition, is a joint exercise of powers, and as such is intended to have multiple parties.

To maintain the existence of the JPA as a separate entity, staff recommends that the City consider adding the Pismo Beach Public Financing Agency (PFA2) as a member of the JPA. In doing so, the City and the PFA2 as separate members would be able to have an operations member and a financing member, as necessary.

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Section 1.1.16 of the JEPA allows for “ […] any other entity added to this Agreement by a subsequent amendment.” Section 8.5 further describes the process to amend the JEPA “ […] by written approval of the governing body of each Member Agency upon recommendation of a majority of the Board of Directors of the Authority.”

While there is no requirement to amend the JEPA in order to remove members, there is a requirement to amend the agreement to add members. Accordingly, staff recommends that the PFA2 request admission into the JPA and that the existing membership effectuate that change prior to the exit of Arroyo Grande and Grover Beach.

Public Financing Agency Board of Directors Actions
In addition to the request for admission of the PFA2 into the JPA, staff recommends the following actions to support such action:
 Appoint the Vice-Chair of the PFA2 as its representative to the JPA, upon admittance into the JPA.
 Authorize the Executive Director of the PFA2 to execute agreements, amendments, and other actions as necessary.

City Council Actions
Staff recommends that the City Council, as a current member of the JPA, request an amendment to the existing JEPA. The following changes would be included in that request:

1. Allow for a change in composition of the members to add the Pismo Beach Public Financing Agency, while simultaneously removing Arroyo Grande and Grover Beach from the JPA.

2. Change the water purveyor contributions from the existing percentages (39% Pismo Beach, 36% Grover Beach, and 25% Arroyo Grande) to a new contribution of 100% City of Pismo Beach.

3. Modify Section 4.3, which restricts the Attorney for the Authority, who may not be counsel to one of the Member Agencies. Staff recommends that the City’s City Attorney serve as the Authority Attorney.

By allowing the addition of the PFA2, the City can keep the JPA operational without the need to hastily find other partners, and rather be strategic about future opportunities. The removal of the two other city agencies would be consistent with the direction provided by their respective City Councils.

Changing the water purveyor contributions would reflect the city partners’ withdrawal requests. While it was not fully anticipated to have two members withdraw, the potential for dissolution of the JPA was contemplated as it related to the distribution of real property.

In this case, the JPA owns land that was acquired for the project. Upon amendment to the JEPA, the two departing member agencies would need to be made whole for the land acquisition cost, consistent with the existing water purveyor percentages for the acquisitions of the land.

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During the JPA formation, an Attorney for the Authority, as well as General Manager, were both contemplated to ensure that the JPA had its own legal counsel separate and apart from each member agency. However, if the City of Pismo Beach and the PFA2 are the sole members, this provision should be modified because the PFA2 is a legal entity created, controlled, and staffed by the City. In doing so, the JPA would be able to manage and control cost by not requiring a separate attorney, as well as other officer positions.

Utilizing existing staff perform the duties will limit cost, increase efficiency, and ensure responsiveness to the JPA Board. Accordingly, staff is recommending the following appointments, if the JPA amendments are successful:
 Attorney: City Attorney
 General Manager: City Manager
 Treasurer: Administrative Services Director
 Clerk of the Board: City Clerk
Staff also recommends that the City Manager be given direction to take necessary steps to remain in the JPA, including execution of amendments, agreements, and other documents. The JPA has minor agreements with Grover Beach for finance and IT services, which services Pismo Beach will start performing as soon as practicable.

Next Steps
The next JPA Board meeting is scheduled for June 3, 2024, which is when it is anticipated that the Board will consider these actions. If the JPA Board recommends these amendments, the three member agencies will then consider acceptance of the amendments at a subsequent meeting. For Pismo Beach, that is anticipated to be June 18, 2024.

Conclusion and Recommendation
Staff recommends that the City Council and Board of the Pismo Beach Public Financing Agency provide direction as detailed in the Recommendation section above.

FISCAL IMPACT:

The fiscal impact of the proposed staff recommendations in this report are contingent upon the decisions of the City Councils of Pismo Beach, Arroyo Grande, and Grover Beach.

The City has directed all work on the design of the project to stop and it only anticipates approving work that is required to pause the project, withdrawal applications, etc. Final invoices are being collected and will be billed and/or credited to the other member agencies as appropriate.

Staff would come back to the Council to appropriate funds based on the Council’s direction.

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ATTACHMENTS:

1. Central Coast Blue JPA Agreement

2. Central Coast Blue Cost-Sharing Agreement
Submitted by: Jorge Garcia, City Manager
City Manager Approval:

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