Pismo Beach City Council
September 3, 2024

AGENDA
Pismo Beach City Council
Tuesday, September 3, 2024
Time
5:30 p.m.

Meeting Type
Regular Meeting 2
Physical Location
Council Chamber, City Hall
Virtual Viewing Option
https://us02web.zoom.us/j/84823715585
Live virtual viewing is offered via Zoom.
'Broadcast meeting also available for viewing on cable Channel 20 and online at pismobeach.org/agenda.

0. 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.orq/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(f0, 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
September 3, 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:

Mayor:

Mayor Pro Tern:

Council Members:

Waage
Reiss
Guthrie, Inman, Newton

2. PLEDGE OF ALLEGIANCE

3. ACCEPTANCE OF AGENDA

4. PRESENTATIONS
None.

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

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

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

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

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

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

8. COUNCIL COMMITTEE REPORTS

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

2. California Joint Powers Insurance Authority (Reiss)

3. CAPSLO (Reiss)

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

5. Central Coast Community Energy Policy Board (Mayor)

6. Chapman Estate Foundation (Liaison) (Reiss)

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

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

9. Friends of Price House Liaison (Waage)

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

11. Homeless Services Oversight Council (Guthrie/Reiss)

12. Integrated Waste Management Authority (Newton/Inman)

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

14. REACH (Newton)

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

16. Shell Beach Improvement Group Liaison (Inman)

17. SLOCOG (Waage/Reiss)

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

19. Visit SLO CAL Advisory Committee (Inman)

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

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

Pismo Beach City Council Agenda
September 3, 2024

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

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

1. Adopt Minutes of the August 6, 2024 Special and Regular Meeting.

2. Adopt Minutes of the August 20, 2024 Special and Regular Meeting.

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

1. Approve the Summary of Payroll Register for August 11, 2024;

2. Approve the Register of Demands for August 9, 2024 and August 16, 2024.

Item 9.C: Monthly Investment Transaction Report of the City's Cash and Investments for July 2024 of Fiscal Year 2025 (Feeser)
Recommendation:

No action recommended; for information only.

Item 9.D: Appointment of Voting Delegates for the 2024 League of California Cities Annual Conference (Inderlied)
Recommendation:

Make the following Pismo Beach voting delegate appointments for the 2024 League of California Cities Annual Conference:

1. Primary Delegate: Council Member Inman

2. Alternate Delegate: City Manager Garcia
Item 9.E: Payment to PG&E for Electrical Work Related to the Public Safety Facility Project (James)
Recommendation:

Adopt a Resolution authorizing payment to Pacific Gas and Electric Company in the amount of $202,385.92 for costs related to the Public Safety Facility project.

Item 9.F: Revisions to the City Investment Policy (Feeser) Recommendation:

Approve the revised City of Pismo Beach Investment Policy.

10. ITEMS PULLED FROM CONSENT CALENDAR

Pismo Beach City Council Agenda
September 3, 2024

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

None.

12. BUSINESS ITEMS - Maybe reordered and heard prior to Public Hearings Item 12.A: Introduction (First Reading) of an Ordinance Amending Municipal Code Section 10.12.030 Relating to Weight Limits for Commercial Vehicles on City Streets (Fleishman)
Recommendation:

Introduce an Ordinance amending Section 10.12.030 relating to weight limits for commercial vehicles on City streets.

Item 12.B: Support Position for Proposition 36 (Smith)
Recommendation:

Adopt a Resolution in support of Proposition 36: the Homelessness, Drug Addiction, and Theft Reduction Act.

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, September 17 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 September 3, 2024 meeting(s) of the Pismo Beach City Council was posted on August 29, 2024, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City's website. ca I .erli, City Clerk

Pismo Beach City Council Agenda September 3, 2024
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 einderlied(a.pismobeach.org, 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).

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
Meeting Date: September 3, 2024
TITLE:

Adoption of Meeting Minutes
RECOMMENDATION:

1. Adopt Minutes of the August 6, 2024 Special and Regular Meeting.

2. Adopt Minutes of the August 20, 2024 Special and Regular 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 August 6, 2024 Special and Regular Meeting.

2. Draft Minutes of the August 20, 2024 Special and Regular Meeting.

Submitted by:

Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 9-3-2024 9.A-1
Packet Page 1

Attachment 1

CENTRAL
Mr COAST BLUE

DRAFT MINUTES
Pismo Beach City Council
Central Coast Blue Regional Recycled
Water Authority Board of Directors
Tuesday, August 6, 2024
Regular Joint Meeting-5:30 p.m.

Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 The City Council of the City of Pismo Beach and the Board of Directors of the Central Coast Blue Regional Recycled Water Authority met this date in a regular joint session with Mayor/Chair Waage presiding.

CALL TO ORDER: 5:30 p.m.

1. ROLL CALL:

City Council:

Present:

Mayor Ed Waage
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
CCB RRWA Board of Directors:

Absent:

None

Present: Absent:

Chair Ed Waage (City of Pismo Beach) None
Vice -Chair Mary Ann Reiss (Pismo Beach Public Financing Agency) Staff Present:

Nadia Feeser, Administrative Services Director/Treasurer Scot Graham, Community Development Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney/Authority Attorney
Jorge Garcia, City Manager/General Manager
Erica Inderlied, City Clerk/Secretary
Gordon Jackson, Director of Tourism and Events
Mike James, Assistant City Manager
Paul Lee, Battalion Chief
Jeff Smith, Chief of Police
Other staff present as noted below
Council Agenda 9-3-2024 9.A-2
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Attachment 1

2. PLEDGE OF ALLEGIANCE
Mayor Waage led the Pledge of Allegiance.

3. ACCEPTANCE OF AGENDA
By consensus, Item 12.A was reordered to be considered prior to Presentations.

12. BUSINESS ITEMS
This item was reordered.

Item 12.A: Recission of Resolution Declaring V. Lopez Jr. & Sons as a Non - Responsible Bidder (Garcia)
Recommendation:

Adopt a Resolution rescinding Resolution R-2023-018, relating to the declaration of V. Lopez Jr. & Sons, General Engineering Contractors, Inc., as a non -responsible bidder.

Presenting staff:

David Fleishman, City Attorney
Jorge Garcia, City Manager
Call for public comment: No comment.

Action: Adopt a Resolution rescinding Resolution R-2023-018, relating to the declaration of V. Lopez Jr. & Sons, General Engineering Contractors, Inc., as a non -responsible bidder.

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-2024-049 adopted.

Action: Waive Closed Session confidentiality with respect to email communications that were presented to the City Council as part of prior Closed Session proceedings pertaining to the matter of V. Lopez Jr. & Sons Council Agenda 9-3-2024 9.A-3
Packet Page 3

Attachment 1
General Engineering Contractors, Inc. vs. City of Pismo Beach, San Luis Obispo Superior Court Case No. 20CV-0652.

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

Ayes: 3 Newton, Guthrie, Reiss
Noes: 2 Inman, Waage

Absent: 0
Abstain: 0
Recused: 0

4. PRESENTATIONS
None.

5. PUBLIC COMMENT PERIOD
Call for public comment:

Shelly Higginbotham commented.

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

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

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

Council Member Inman:

Shell Beach Improvement Group.

Council Member Guthrie:

San Luis Obispo County Homeless Services Oversight Council.

Council Agenda 9-3-2024
Packet Page 4

9.A-4

Attachment 1

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

Action: Adopt Consent Calendar.

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

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

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

Adopt Minutes of the July 16, 2024 Regular Meeting.

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

1. Approve the Summary of Payroll Register for July 14, 2024;

2. Approve the Register of Demands for July 12, 2024 and July 19, 2024.

Item 9.C: Adoption (Second Reading) of an Ordinance Effecting a Code Enforcement Penalty Update (Inderlied)
Recommendation:

Adopt an Ordinance amending Chapter 9.04 and Chapter 12.20 relating to penalties for certain municipal code violations.

Legislative Record: Ordinance 0-2024-001 adopted.

Item 9.D: Purchase of Holiday Lights and Decorations (Fine) Recommendation:

Adopt a Resolution authorizing the City Manager to execute a purchase order with St. Nick's Commercial Design & Decor for the purchase and installation of holiday decorations in the amount of $117,280.20.

Legislative Record: Resolution R-2024-050 adopted.

Council Agenda 9-3-2024 9.A-5
Packet Page 5

Attachment 1
Item 9.E: Purchase of Four Vehicles for the Police Department (Fine) Recommendation:

Adopt a Resolution authorizing the purchase of four replacement vehicles for the Police Department from Jim Shorkey Ford in the amount of $243,948.52, and appropriating related budget adjustments.

Legislative Record: Resolution R-2024-051 adopted.

Item 9.F: Reject All Bids Received for the Digester 1 Demolition Project (Fine)
Recommendation:

Reject all bids received for the Digester 1 Demolition Project and authorize staff to re -advertise for bids.

10. ITEMS PULLED FROM CONSENT
None.

12. BUSINESS ITEMS
This item was reordered.

Item 12.B: Discussion of Rooftop Deck Policies in the Shell Beach Design Guidelines (Graham)
Recommendation:

Receive a report on the application of roof deck policies in the Shell Beach Design Guidelines and incorporation into the Zoning Code Update and provide direction to staff on desired policy changes, if any.

Presenting staff:

Scot Graham, Community Development Director
Jorge Garcia, City Manager
Supplemental material submitted into the record.

Call for public comment: No comment.

Action: Direct staff to apply Shell Beach Design Guidelines policies regarding rooftop decks on a citywide basis, until such time that the updated General Plan / Local Coastal Program and Zoning Code are adopted.

Council Agenda 9-3-2024 9.A-6
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Attachment 1
Motion: Waage
Second: Inman
Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

11. PUBLIC HEARINGS
Item 11.A: Protest Hearing and Certification of Weed Abatement Charges for Forwarding to the County of San Luis Obispo for Placement on 2024 Property Tax Rolls (Lee)
Recommendation:

1. Conduct a Public Hearing to hear protests from property owners regarding weed abatement charges;

2. Adopt a Resolution certifying the amount of abatement proceedings for grass, weeds, and rubbish pursuant to Resolution R-2024-022, to be filed with San Luis Obispo County Tax Rolls, as indicated by Assessor Parcel Number per Health & Safety Code Section 14912.

Presenting staff:

Jorge Garcia, City Manager
Paul Lee, Battalion Chief
Public Hearing / Call for public comment: No comment.

Action: Adopt a Resolution certifying the amount of abatement proceedings for grass, weeds, and rubbish pursuant to Resolution R-2024-022, to be filed with San Luis Obispo County Tax Rolls, as indicated by Assessor Parcel Number per Health & Safety Code Section 14912.

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 R-2024-052 adopted.

Council Agenda 9-3-2024 9.A-7
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Attachment 1

12. BUSINESS ITEMS
Item 12.A: Recission of Resolution Declaring V. Lopez Jr. & Sons as a Non - Responsible Bidder (Garcia)
This item was reordered and heard prior to Presentations.

Item 12.B: Discussion of Rooftop Deck Policies in the Shell Beach Design Guidelines (Graham)
This item was reordered and heard prior to Item 11.A.

Item 12.C: Options for Closing the Northern End of Ridge Road to Vehicular Traffic (Fine)
Recommendation:

Provide staff with direction on options for the closure of the northern end of Ridge Road.

Presenting staff:

Scot Graham, Community Development Director
Jorge Garcia, City Manager
Supplemental material submitted into the record.

Call for public comment:

Shelly Higginbotham commented.

Blair Mankins commented.

Action: Consensus to direct staff to return with:

1. A resolution allowing the Council to consider approving "Option B" as outlined in staff's report, including establishing a two -foot "no access easement" across the end of Ridge Road, and then granting an "access easement" in favor of APN 079-261-001;

2. Further information about other comparable streets throughout the city.

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

Absent: 0
Abstain: 0
Recused: 0
Council Agenda 9-3-2024 9.A-8
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Attachment 1
Item 12.D: Mid -Cycle Budget Adjustments for Fiscal Years 2024 and 2025 (Feeser) Recommendation:

City Council:

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

Board of Directors of the Central Coast Blue Regional Recycled Water Authority:

Adopt a Resolution approving and appropriating budget adjustments for FY 2025.

Presenting staff:

Nadia Feeser, Administrative Services Director/Treasurer Jorge Garcia, City Manager/General Manager
Jeff Smith, Chief of Police
Supplemental material submitted into the record.

Call for public comment: No comment.

Action: Adopt a Resolution of the City Council of the City of Pismo Beach approving and appropriating budget adjustments for Fiscal Years 2024 and 2025, with the following revision:

1. Appropriate an additional $500,000 in the Wastewater Enterprise Fund for litigation costs in Fiscal Year 2025.

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

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

Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2024-053 adopted.

Action: Adopt a Resolution of the Board of Directors of the Central Coast Blue Regional Recycled Water Authority approving and appropriating budget adjustments for FY 2025.

Motion: Reiss
Second: Waage
Council Agenda 9-3-2024 9.A-9
Packet Page 9

Attachment 1
Vote: The motion passed on the following vote:

Ayes: 2 Reiss, Waage
Noes: 0

Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution JPA-R-2024-008 adopted.

Action: Consensus to authorize the City Manager to use General Fund Contingency funds for the purpose of procuring approximately ten additional license plate readers in an amount within the City Manager's purchasing authority.

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

Absent: 0
Abstain: 0
Recused: 0
Action: Consensus to direct staff to investigate the feasibility of alternatives to solar panels as a means of delivering power to the landscape irrigation for the James Way Beautification Project, and return concepts to the City Council for consideration as soon as feasible.

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

Absent: 0
Abstain: 0
Recused: 0
Item 12.E Chapman Estate Assessment (James)
Recommendation:

1. Receive an assessment of the Chapman Estate's physical condition, operational and maintenance activities, and financial summaries;

2. Provide direction to staff regarding what actions should be implemented or studied further.

Presenting staff:

Nadia Feeser, Administrative Services Director
Scot Graham, Community Development Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, City Manager
Council Agenda 9-3-2024 9.A-10
Packet Page 10

Attachment 1
Gordon Jackson, Director of Tourism and Events
Mike James, Assistant City Manager
Supplemental material submitted into the record.

Guest presenters:

Ron Reilly, Garing Taylor & Associates
Call for public comment:

Shelly Higginbotham commented.

Lillian Jewell commented.

Larry Silvas commented.

Dave Jewell commented.

Action:

1. Direct staff to proceed with selling, or transferring pursuant to the Distribution Agreement, the properties that comprise the Chapman Estate;

2. Allow for a six-month period of time for City staff and/or the Chapman Estate Foundation to develop the approximately $6.8 million in funding needed for baseline repairs to the Estate;

3. During that six-month timeframe, return to the City Council with further information about the following:
• Next steps that would be needed to prepare for sale or transfer; • A potential plan for funding the $6.8 million needed for baseline repairs;
• Information about potential impacts to the City's Capital Improvement Program General Fund projects if the City were to prioritize funding of the Chapman Estate.

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

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

Absent: 0
Abstain: 0
Recused: 0
Council Agenda 9-3-2024 9.A-11
Packet Page 11

Attachment 1
Action: Consensus to direct staff to pursue the demolition of the Gull Cottage at the Chapman Estate, and collect the insurance value minus the applicable deductible.

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

Absent: 0
Abstain: 0
Recused: 0

13. CITY COUNCIL COMMENTS AND REQUESTS
Consensus to direct staff to remove the yet -to -be -installed bench location adjacent to the Toucan Terrace open space from the James Way Beautification Project and replace it with landscaping.

Consensus to direct staff to prepare and submit to the Board of Supervisors a letter of support for its August 20, 2024 consideration of a proposal to extend the Bob Jones Trail from Avila Beach to San Luis Obispo.

14. ADJOURNMENT
At 9:16 p.m.

APPROVED:

Ed Waage, Mayor
ATTEST:

Erica Inderlied, City Clerk
Council Agenda 9-3-2024 9.A-12
Packet Page 12

Attachment 2
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DRAFT MINUTES
Pismo Beach City Council
Tuesday, August 20, 2024
Special Meeting-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 session with Mayor Waage presiding.

CALL TO ORDER: Mayor Waage called the meeting to order at 4:00 p.m.

1. ROLL CALL:

Present:

Mayor Ed Waage
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton

Absent:

None
Staff Present:

Nadia Feeser, Administrative Services Director
David Fleishman, City Attorney
Jorge Garcia, City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Mike James, Assistant City Manager

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

3. AGENDA ITEMS
Item 3.A: Fiscal Year 2025 Outside Requests For City Donations (Feeser) Recommendation:

Adopt a Resolution approving and appropriating contributions to outside agencies for Fiscal Year 2025.

Presenting staff:

Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager
Council Agenda 9-3-2024
Packet Page 13

9.A-13

Attachment 2
Call for public comment:

Sharon Darnton, Assistance League of San Luis Obispo County, commented.

Jeff Eckles, San Luis Obispo County Housing Trust Fund, commented.

Janna Nichols, 5 Cities Homeless Coalition, commented.

Action: Consensus to direct staff refer the funding request from Cal Poly State University for clam research activities to the Conference and Visitors Bureau Board / Lodging Business Improvement District Advisory Board for consideration of LBID funding.

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

Absent: 0
Abstain: 0
Recused: 0
Action: Adopt a Resolution approving and appropriating contributions to outside agencies for Fiscal Year 2025, in the following amounts:

Agency Amount Fund
5 Cities Homeless Coalition
American Red Cross
Assistance League of SLO County
Association of Amputee Surfers
CAPSLO Home Repair Program
ECO-SLO County Coastal Cleanup
Five Cities Meals on Wheels
HomeShare SLO
NOOR Foundation
People's Self -Help Housing
Pismo Beach Chamber of Commerce
Shower the People of SLO
SLO County Housing Trust Fund
SLO County YMCA

SLO SCORE
Motion: Inman
Second: Guthrie
100,000 General Fund
1,000 General Fund
3,500 General Fund
6,000 General Fund
4,500 Housing In -Lieu
5,000 General Fund
10,000 General Fund
3,500 Housing In -Lieu
16,000 General Fund
5,000 Housing In -Lieu
5,000 General Fund
7,500 General Fund
5,000 Housing In -Lieu
3,000 General Fund
1,000 General Fund
Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0
Council Agenda 9-3-2024 9.A-14
Packet Page 14

Attachment 2
Legislative Record: Resolution R-2024-054 adopted.

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

5. ADJOURNMENT
At 4:56 p.m., to the 5:30 p.m. Regular Meeting.

Council Agenda 9-3-2024 9.A-15
Packet Page 15

Attachment 2
Regular Meeting-5:30 p.m.

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

CALL TO ORDER: 5:30 p.m.

1. ROLL CALL:

Present:

Mayor Ed Waage
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton

Absent:

None
Staff Present:

Nadia Feeser, Administrative Services Director
Scot Graham, Community Development Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Mike James, Assistant City Manager
Paul Lee, Battalion Chief
Jeff Smith, Chief of Police
Other staff present as noted below

2. PLEDGE OF ALLEGIANCE
Mayor Waage led the Pledge of Allegiance.

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

4. PRESENTATIONS
Item 4.A: Presentation: Economic Impact of Tourism (Visit SLO CAL) Presented by Cathy Cartier, Visit SLOCAL, and Jed Bickel, Conference and Visitors Bureau Board Member.

Council Agenda 9-3-2024
Packet Page 16

9.A-16

Attachment 2

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:

Mayor Waage:

San Luis Obispo Local Agency Formation Commission (SLO LAFCO).

San Luis Obispo Council of Governments (SLOCOG) Board.

San Luis Obispo County Community Fire Safe Council.

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

Council Member Inman requested that Item 9.A, Adoption of Meeting Minutes, be pulled for discussion.

Action: Adopt Consent Calendar.

Motion: Guthrie
Second: Newton
Vote: The motion passed on the following vote (Items 9.B through 9.F):

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

Absent: 0
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Pulled from the Consent Calendar for discussion.

Council Agenda 9-3-2024 9.A-17
Packet Page 17

Attachment 2
Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:

1. Approve the Summary of Payroll Register for July 28, 2024;

2. Approve the Register of Demands for July 26, 2024 and August 2, 2024.

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

No action recommended; for information only.

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

No action recommended; for information only.

Item 9.E: Notice of Completion for the Palisades and Chumash Parks Playground Project (Fine)
Item 9.F:

Recommendation:

1. Accept the Palisades and Chumash Parks Playground Project as complete;

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

Agreements with SOV Security, Toste Grading and Paving, and CLAD Consulting for Parking and Police Department Annex Security Improvements, Sidewalk, and Paving (Fine)
Recommendation:

Adopt a Resolution authorizing the City Manager to:

1. Execute a Minor Construction Services Agreement with Merjan Enterprises, Inc. dba SOV Security in the amount of $147,437.77 for security cameras and access control;

2. Execute a Purchase Order with Toste Grading and Paving in the amount of $113,545 for construction of onsite parking and frontage improvements; and

3. Execute Amendment #1 to the existing Professional Services Agreement with CLAD Consulting, Inc. in the amount of $84,000 for additional Construction Management, Inspection and
Administration Services for the Police Department Parking Division Annex Building Project; and
Appropriating related budget adjustments.

Legislative Record: Resolution R-2024-055 adopted.

Council Agenda 9-3-2024 9.A-18
Packet Page 18

Attachment 2

10. ITEMS PULLED FROM CONSENT
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:

1. Adopt Minutes of the July 30, 2024 Closed Session.

2. Adopt Minutes of the July 31, 2024 Special Meeting.

3. Adopt Minutes of the August 6, 2024 Special and Regular Meeting.

Action: Consensus to direct staff to review and revise the August 6, 2024 minutes with respect to the direction given pertaining to the Chapman Estate.

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

Absent: 0
Abstain: 0
Recused: 0
Action:

1. Adopt Minutes of the July 30, 2024 Closed Session;

2. Adopt Minutes of the July 31, 2024 Special Meeting.

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

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

Absent: 0
Abstain: 0
Recused: 0

11. PUBLIC HEARINGS
None.

12. BUSINESS ITEMS
Item 12.A: Emergency Operations Plan Update (James)
Recommendation:

Adopt a Resolution approving an updated Emergency Operations Plan.

Council Agenda 9-3-2024
Packet Page 19

9.A-19

Attachment 2
Presenting staff:

Jorge Garcia, City Manager
Mike James, Assistant City Manager
Call for public comment: No comment.

Action: Adopt a Resolution approving an updated Emergency Operations Plan.

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

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

Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2024-056 adopted.

Item 12.B: Quarterly Investment Report for the Three Months of April through June 2024 — the Fourth Quarter of Fiscal Year (FY) 2024 (Feeser) Recommendation:

No action recommended; for information only.

Presenting staff:

Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager
Supplemental material submitted into the record.

Call for public comment: No comment.

Action: No action.

13. CITY COUNCIL COMMENTS AND REQUESTS
Council Member Newton commended Police Department staff.

Council Agenda 9-3-2024
Packet Page 20

9.A-20

Attachment 2

14. ADJOURNMENT
At 6:11 p.m.

APPROVED:

Ed Waage, Mayor
ATTEST:

Erica Inderlied, City Clerk
Council Agenda 9-3-2024 9.A-21
Packet Page 21

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B
Meeting Date: September 3, 2024
TITLE:

Payroll Register and Register of Demands
RECOMMENDATION:

1. Approve the Summary of Payroll Register for August 11, 2024;

2. Approve the Register of Demands for August 9, 2024 and August 16, 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 9-3-2024 9.B-1
Packet Page 22

Attachment 1

SUMMARY PAYROLL REGISTER

FOR PERIOD ENDING

CHECKS DATED

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557129-557133
AC H

EARNINGS

REGULAR

HOLIDAY
OVERTIME (Includes Comp Time Payouts)
Administration
Building
Conference & Visitors Bureau
Police Department
Parking
Engineering
Fire
Recreation
Public Works
Water
Wastewater
Motor Vehicles
18,391.08
4,164.85
2,379.73
1,584.74
Subtotal -Overtime $ 26,520.40

SALARY ADJUSTMENTS

TRAINING / UNIFORM ALLOWANCE

OTHER EARNINGS

LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 46,491.86
FICA & MEDICARE 36,542.22
STATE INCOME TAX 17,845.22
STATE DISABILITY INSURANCE 5,160.53
GARNISHMENTS 1,555.06
HEALTH 4,204.08
SUPPLEMENTAL DISABILITY 1,509.21
SECTION 125 1,809.56
PERS 38,167.73
DEFERRED COMPENSATION 14,439.81
ADDITIONAL LIFE INSURANCE 321.50
UNION DUES 2,301.75
PISMO ATHLETIC CLUB 537.50
OTHER

NET PAYROLL

DIRECT DEPOSIT DEDUCTION

NET PAYROLL AFTER ACH DEPOSIT
08/11/24
08/16/24
5 146
422, 754.79
5,497.97
26, 520.40
1,393.50
23,267.57
$479,434.23
$308,548.20
302,654.99
5,893.21
Packet Page 23

9.B-2

Attachment 2
City of Pismo Beach
Final Disbursement List Check Date 08/09/2024

US BANK
ACH/ Vendor
Check# Number Payee
Check
Amount
Description
ACH
14547
Quadient, Inc - Postage
$ 2,000.00
Postage July 2024
130551
13365
V. Lopez Jr & Sons G.E.C., Inc
1,500,000.00
V. Lopez Settlement Agreement 2024.07.31
130552
10014
United States Postal Service
1,700.00
Postage: Permit #2 Mail Parking Flyer
130553
12295
Addiction Medicine Consultants, Inc.

60.00 DOT Physical
130554
14743
Adlerhorst International LLC
584.00
K-9 Training Fees May -June 2024
130555
14874
Advance Stores Company, Incorporated
398.87
Fuel & Fire Truck Maintenance & Vehicle Maintenance
130556
12275
Airgas West Inc

78.68 Medical Supplies
130557
12433
Alpha Electrical Service Inc
2,852.15
Emergency Service Call - Water Pump Station Transformer 130558
10288
Basin Street Regulars
314.00
Refund: PBVH Security Guard Fee 7/20/24
130559
11392
Brenntag Pacific Inc.
2,098.12
Sodium Bisulfite
130560
14663
Carlos Xavier Delatorre
80,775.00
IT Proj. Mgmt. Services - PSF Phasel 12/11/23-6/30/24
130561
UB*01115

SAVANNAH CARR (T)

40.46 Refund Check 018715-000, 208 CAPISTRANO
130562
10799
Lindsay Carter Coates
264.00
Instructor: Yoga with Lindsay July 2024 #11535
130563
13531
Central Coast Party Factory LLC
276.00
Stride with the Tide Churros
130564
13951
Central Coast Portables
541.80
Portables Restrooms: Tennis Courts 6/22-7/20/24
130565
14889
Central Coast Security
220.00
Security Services
130566
14415
CLAD Consulting, Inc.

93.75 On Call Engineering -June 2024 & Stormwater Support -July 2024 & HASLO On Call Inspections - Apr 2024 Credit
130567
12273
Coastal Demo Inc
770.00
Demo Concrete - Parking Annex
130568
14834
Confluence Engineering Solutions, Inc
1,136.25
LSLI Support Services -June 2024
130569
14445
Consor North America, Inc.
7,954.45
Traffic Signal Design Bello & Price Canyon - May -June 2024 130570
14146
Pamela Ann Coslick
136.00
Instructor: Tae Kwon Do 6/5/24-7/31/24 #11530
130571
14894
Charles Delgado
1,500.00
Bond Release E24-000049 - 1030 Longview
130572
12307
Department Of Justice
500.00
Livescan Services
130573
13697
Dudek
4,442.50
Prof Svcs GP/LCP Update 4/27/2024-06/28/2024
130574
11289
eGenoa, LLC
163.13
Public Works Hard Hat Pismo Beach Logo Stickers
130575
14325
Engeo Incorporated
8,505.21
Vista Del Mar Stairs -June 2024
130576
14638
F&H Construction
322,610.26
Public Safety Facility - June 2024
130577
14506
Foster & Foster Consulting Actuaries, Inc.
17,000.00
OPEB Actuarial Valuation
130578
13486
Funflicks Central Coast
1,800.00
Movies in the Park Screen Rental
130579
14898
Jeff Goyert
130.14
Refund: Overcharged Laserfiche Fee Permit VR24-000002
130580
14888
Michael W Graf
750.00
City Hall Blinds Installation
130581
10398
Liliana Graham
457.60
Instructor: Ballroom/Latin Dance July 2024 #11531
130582
11487
Hamner, Jewell And Associates
670.36
Cliff Ocean RW Services -June 2024
130583
10377
Hdl, Goren & Cone
695.00
ACFR Statistical Package 2023-24
130584
11706
Shirley Horacek
512.00
Instructor: Watercolor July 17, 24, 31 #11514
130585
14481
HPS West, Inc
9,765.86
Water Meters
130586
12255
Iron Mountain Information Mgmt, Inc
187.73
Shredding Services City Hall - 06/26/2024 - 07/23/2024
130587
13926
Jack Handley Construction Services
37,269.72
Chapman ADA Restroom - Retention Release
130588
10760
Johnboy's Towing
125.00
Towing Services
130589
14900
Tiffany Lang
1,728.64
Instructor: Dino -Mite Science Camp 7/29-8/2 #11484
130590
10175
Life -Assist, Inc.
820.41
Medical Supplies
130591
14896
Paris Nichole Martinez
300.00
Clam Painting: Clam Island July Whale
130592
14785
Matrix Consulting Group, Ltd.
4,900.00
DPW Operational Review & Assessment May -June 2024
130593
12032
Midwest Motor Supply
534.00
Misc. Parts for WWTP
130594
14739
Mike's Coffee and Tea Co.

27.00 Coffee
130595
10097
Miners Hardware

54.33 MVR Supplies & Vehicle Maintenance
130596
14742
Momentum Paddle Sports Inc.
2,248.80
Instructor: Ocean Adventure Camp 17/30-8/1/24 #11471 & Instructor:

Pickleball Camp 17/17-7/19 #11477 & Instructor: Pickleball Camp I 7/31-8/2/24 #11479
130597
10039
New Times
173.00
PCA Public Hearing Notice
130598
10753
Nick's Telecom
595.60
e Maintenance
130599
10728
Oilfield Environmental & Compliance, Inc.
2,728.00
Lab Analysis -June 2024
130600
14897

OM EK DANTAYA LLC
2,500.00
Encroachment Permit Bond Release - 340 Stimson
130601
14523
Pacific Publishers, LLC
1,200.00
Custom Tidebook for 2024
130602
14550
Phillco

76.95 Soft Water - Aug 2024
130603
13197
Pioneer Americas, LLC 10728
11,218.16
Sodium Hypochlorite
130604
14701
Pre Con Industries
466,601.31
Parking Annex -June 2024
130605
12335
Procare Janitorial Supply Inc
253.13
Janitorial Supplies
130606
13800
R.A. Batchelor Co.
2,225.00
Annual Crane Inspections
130607
11266
San Luis Auto Parts Inc
533.53
Vehicle Maintenance
130608
10731
Santa Maria Motorcycles LLC
3,327.91
Vehicle Maintenance
130609
13994
SBRK Finance Holdings, Inc.
1,061.00
CivicPay IVR Transaction Fees Jul 2024 & TCP Import & Testing for E- Timesheets - May 2024
130610
14853
Robert Silvani
576.00
Instructor: Shell Beach Surf Camp 7/30-8/1 #11428
130611
14893
SLO Creative, LLC
925.00
Pier Centennial Celebration Balloon Garland - 50% Deposit 130612
11722
SP Maintenance Services Inc
4,688.75
Parking Lot & Street Sweeping Services June 2024
130613
13552
State Water Resources Control Board - Storm
Water
600.00
PSF - Permit Registration Document Application Fee
130614
14757
Quincy Storm
361.25
Design Services
130615
11271
Templeton Uniforms

61.13 Minor Equipment
Council Agenda 9-3-2024 9.B-3
Packet Page 24

Attachment 2
City of Pismo Beach
Final Disbursement List Check Date 08/09/2024

US BANK
ACH/ Vendor
Check# Number Payee
Check
Amount
Description
130616
14639
TimeClock Plus, LLC
1,021.68
Schedule Anywhere License 06/19/24-06/18/25
130617
10014
United States Postal Service
350.00
Annual Renewal Fee for Permit #2
130618
13392
Urban Planning Concepts
4,725.00
General Planning & LCP & SWCA 4th Street Services
130619
14034
Vital Records Holdings, LLC
196.78
Document Storage August 2024
130620
10059
Western Janitor Supply, Inc

82.18 Cleaning Supplies
130621
12132
White Flag Pest Control Inc
226.00
Ant & Rodent Abatement
Total:
$ 2,526,298.58
Council Agenda 9-3-2024 9.B-4
Packet Page 25

Attachment 2
City of Pismo Beach
Final Disbursement List Check Date 08/16/2024

US BANK
ACH/ Vendor
Check# Number Payee
Check
Amount
Description
ACH
10002
Internal Revenue Service
$ 120,024.03
Federal Income Tax PD 08/15/24 & PD 08/16/24
ACH
11208
SEIU Local 620 AFL/CIO
864.83
SEIU Dues PD 08/16/24
ACH
11305
Public Employees Retirement System
81,410.54
PERS Retirement from Springbrook EE & ER PD 08/16/24
ACH
12260
dba: Mission Square ICMA Retirement Trust - 457
28,075.69
ICMA 457 Deferred Comp EE& ER PD 08/16/24
ACH
12305
Franchise Tax Board
23,074.80
SDI & State Income Tax PD 08/15/24 & PD 08/16/24
ACH
12360
CaIPERS 457 Plan
291.67
PERS 457 Deferred Comp ER PD 08/16/24
ACH
12708
dba: Mission Square ICMA Retirement Trust -Roth
IRA
575.00
ICMA Roth IRA PD 08/16/24
ACH
13455
Wex
879.74
Fuel for City Vehicles 07/07/2024-08/06/2024
130624
10446
Achievement House, Inc.
6,854.55
Pismo Beach Litter Removal June 2024
130625
10695
AFLAC
3,108.22
Supplemental Disability Insurance -July 2024
130626
11219
ak & company
2,500.00
SB90 Consultant & Claim Services FY 24/25
130627
10800
Whitney Almaguer
1,360.00
Instructor: Creative Kids Summer Theater Camp 8/5-8/9/24 #11453 130628
12438
Avila Bay Athletic Club & Spa
311.50
Instructor: Avila Bay Club Camp 8/5-8/9/24 #11524
130629
14369
Badawi & Associates
19,085.85
2024 Audit Progress Billing #1
130630
11392
Brenntag Pacific Inc.
2,156.95
Sodium Bisulfite
130631
13591
Ryan Bullock
198.78
M&IE & Mileage Water Dist Op Cert Grade D4 Exam
130632
14038
Bureau Veritas North America, Inc.
21,515.00
Permit Tech Services May & June 2024 & Plan Review May 2024 130633
13852
California Diesel & RV LLC

58.43 Vehicle Maintenance
130634
11808
California Joint Powers Insurance
375,613.00
Property Insurance 7/1/24 to 7/1/25
130635
14414
California State Disbursement Unit
519.23
Tax Withholding Order PD 08/16/24
130636
14771
California State Disbursement Unit

18.46 Tax Withholding Order #2 PD 08/16/24
130637
14876
California State Disbursement Unit
784.61
Tax Withholding Order PD 08/16/24
130638
12610
CalPortland Construction
272,927.89
Paving Project - Apr 2024
130639
14381
Central Coast Economic Forecast
1,500.00
2024 CCEF Sponsorship Fee
130640
14027
Central Coast Landscape Products, Inc.
807.47
Parks Maintenance
130641
13951
Central Coast Portables
131.05
Portable Restrooms - Concerts in the Park 7/12/24
130642
12349
Charter Communications
1,161.82
550 Frady WAN 06/12/24 - 06/30/24
130643
11093
Civic Plus
15,642.88
Website Annual Maintenance FY 24/25
130644
14247
Coastal Tree Experts, Inc.
4,000.00
Tree Removal - Parking Annex
130645
11227
Cole Chrysler Dodge
1,917.00
Vehicle Maintenance
130646
14313
Culligan/Santa Maria
1,073.55
Drinking Water July 2024 & Car Wash & Filtration Service 07/31/2024 130647
12224
Delta Dental Of California
6,909.69
Dental Premiums - August 2024
130648
14217
Deltina Coffee Roasters

62.50 Coffee
130649
14173
Bradford Bain DeNike
7,500.00
Appraisal Services
130650
11794
Dimes Media Corporation
500.00
Advertising: Stride with the Tide & Pacific Breeze Concerts 130651
10858
Five Cities Chem -Dry
225.90
Facilities Maintenance
130652
13401
Rebecca Forcier
347.00
M&IE: PB Meetings/Regular Work Duties 8/31-9/6/24
130653
12062
Robert Gorman

67.94 Reimb: Towels & Cleaning Supplies
130654
12168
Gregory Dean Gallegos
175.00
Weed Abatement
130655
13588
Kenneth John Guge III
324.00
Instructor: Central Coast Judo July 2024 #11454
130656
12691
Billy Haas
799.10
M&IE & Mileage 5-Day WWTP Grade III Exam Review
130657
14043
Health & Human Resource Center, Inc.
159.80
Employee Assistance Program September 2024
130658
14350
ImageTrend, Inc.
1,591.35
Mobile Fire Inspection Software 2024
130659
12255
Iron Mountain Information Mgmt, Inc

29.95 Shredding Service 06/26/24-07/23/24
130660
14901
Nicholas Irwin
180.00
Refund: Rec Class Withdrawal
130661
14674
McGrath Rentcorp
4,269.53
3 Temporary Trailers 330 Main St. - Lease 7/3/24-8/1/24 130662
10097
Miners Hardware
1,368.52
Maintenance Supplies
130663
14405
Mission Linen Supply
1,242.41
Uniforms/Rugs/Towels -Jul 2024
130664
14742
Momentum Paddle Sports Inc.
1,468.80
Instructor: Ocean Adventure Camp 8/6-8/6/24 #11472
130665
14353
Motorola Solutions, Inc.
193.69
Lifeguard Radio Chargers
130666
11172
Mullahey Ford
340.00
Fire Truck Maintenance
130667
14878
Nevada State Treasurer

2.00 Garnishment Withholding Fee PD 08/16/24
130668
12199
Noble Saw, Inc
407.67
Equipment Maintenance
130669
14343
ODP Business Solutions, LLC
276.91
Coffee & Office Supplies
130670
14879
OneSource Distributors LLC
373.57
Facilities Maintenance
130671
13344
Pacific Gas and Electric CFM/PPC Dept
125,763.42
Electric Extension Agreement - 1000 Bello
130672
14366
Tina Phipps
170.00
Refund: Rec Class Withdrawal
130673
10633
Pismo Beach Athletic Club Inc
1,075.00
PBAC Dues Collected for August 2024
130674
10673
Pismo Beach Volleyball Club
12,079.20
Instructor: Volleyball Club 7/22-8/14/24 #11437
130675
12022
Pismo Beach Police Officer's Association
1,436.92
POA Dues PD 08/16/24
130676
12335
Procare Janitorial Supply Inc
2,339.88
Janitorial Supplies
130677
10817
PRP Co Dba PRP Companies
150.67
Office Supplies
130678
12613
Quinn Company
163.12
Equipment Rental
130679
12484
Range Master

73.93 Uniforms
130680
14794
Ruff Ruff Pet Products Inc
4,055.10
Dog Waste Bags
130681
11266
San Luis Auto Parts Inc
182.31
Vehicle Maintenance
130682
12108
Santa Maria Tire, Inc.
2,080.05
Vehicle Maintenance
Council Agenda 9-3-2024 9.B-5
Packet Page 26

Attachment 2
City of Pismo Beach
Final Disbursement List Check Date 08/16/2024

US BANK
ACH/ Vendor
Check# Number Payee
Check
Amount
Description
130683
14877
SCaDU
230.76
Garnishment Withholding PD 08/16/24
130684
14880
Scherle Specialties LLC

86.50 Vehicle Maintenance
130685
14557
Securitas Technology Corporation
4,368.25
Monthly Security & Fire Monitoring - Multiple City Locations 130686
11168
Sherwin-Williams
2,147.38
Facilities Maintenance
130687
13913
Silvas Oil Co., Inc
7,094.65
Fuel & Diesel Delivery 7/11/24 & 7/25/24
130688
14800
SPICE Integration Corp
405.00
Collections
130689
12290
State Of California- EDD
2,086.00
Unemployment Insurance 2nd Qtr 2024
130690
14299
Natalia Stilleson

23.00 Translation Services
130691
12629
Tetra Tech Inc
1,680.00
Map Checking -June 2024
130692
13097
The Standard
1,512.35
Life & Additional Life Insurance Premiums - August 2024 130693
14639
TimeClock Plus, LLC

42.19 E-Timesheet Project Implementation Services June 2024 130694
14821
Traffic Management Products Inc
141.15
Street Signs
130695
12991
TransUnion Risk and Alternative

75.00 Investigative Services - July 2024
130696
12900
Underground Service Alert of Northern CA & NV
718.98
CA State Fee for Regulatory Costs 7/1/24-6/30/25
130697
10507
V & V Manufacturing
132.57
Badges
130698
13073
VSP- Vision Service Plan (CA)
1,578.66
VSP Vision Coverage Aug 2024
130699
12132
White Flag Pest Control Inc
440.00
Pest Control
130700
14020
Daniel Barrett Wrage
1,820.00
Instructor: Beach Volleyball Camp 8/5-8/8/24 #11449
Total:
$ 1,191,409.91
Council Agenda 9-3-2024 9.B-6
Packet Page 27

Nit' ill

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.0
Meeting Date: September 3, 2024
TITLE:

Monthly Investment Transaction Report of the City's Cash and Investments for July 2024 of Fiscal Year 2025
RECOMMENDATION:

No action recommended; for information only.

DISCUSSION:

This report updates the City Council on the City of Pismo Beach's monthly transactions of the City's investment portfolio for the month ending July 31, 2024. California State Government Code Section 53607 states that if the authority of the legislative body to invest or reinvest funds for the City is delegated to the City Treasurer, the City Treasurer shall make a monthly report of those transactions to the legislative body. Pursuant to Government Code Section 6505.5, this information is being provided here to the Pismo Beach Public Financing Authority, the Pismo Beach Public Financing Agency, and the Central Coast Blue Regional Recycled Water Authority, through the members of the City Council who sit on those boards.

The attached report includes all transactions of the City's investments managed by the City, including funds invested in various securities and the City's pooled funds invested in various financial instruments.
• Attachment 1 provides a summary of the City's cash, investments, and monthly interest earnings based on book value as of July 31, 2024. • Attachment 2 provides details on the investment transactions for the General Fund Reserve and City Pooled Funds A (for deferred capital projects), including: purchases or deposits; sales, maturities, calls or withdrawals; and interest earnings. • Attachment 3 provides details of the monthly transactions by fund for City Pooled Funds B (for current year expenditures) for the month ending July 31, 2024.

FISCAL IMPACT:

No fiscal impact from the report itself —information only.

ATTACHMENTS:

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

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

3. For City Pooled Funds B—Summary of monthly transactions by fund Council Agenda 9-3-2024 9.C-1
Packet Page 28

Prepared by: Vanessa Garris, Finance Manager
Submitted by: Nadia Feeser, Administrative Service Director / City Treasurer City Manager Approval: j
Council Agenda 9-3-2024 9.C-2
Packet Page 29

Attachment 1
City of Pismo Beach
Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments Actual Year -to -
Current Date Interest
Earnings Actual Interest Earned Ending
Investment Name Name of Institution Type of Investment Rate Book Value Earned July 2024 7131/2024 * Data Sources General Fund Reserves US Bank CDs/GASs/Corp/ 2,07% avg 8,148,980 $ 15,246 $ 15,246 1 Muni Bonds
City Pooled Funds - A US Bank CDs/GASs/ Corp 3,00% avg 34,591,551 45,140 45,140 1 Bonds/ Muni Bonds/
US Treasury Note
Total All Securities $ 42,740,531 $ 60,387 $ 60,387
City Pooled Funds - B US Bank Custody 0.00% $ - $ 74 $ 74 1 City Pooled Funds - B Local Agency Invest. State Investment 4,55% 5,326,373 2 Fund Pool
City Pooled Funds - B US Bank Checking & Sweep 4.89% 28,846,416 113,813 113,813 3 City Pooled Funds • B $ 34,172,788 $ 113,887 $ 113,887
City Pooled Funds total A+ B $ 68,764,339 $ 159,027 $ 159,027 Funds Held with Fiscal Bond funds: 2017 Pier Project $ 399 $ 33 $ 33 4 Agent Wilmington Trust
Funds Held with Fiscal Bond funds: 2017 CREB's 238 20 20 4 Agent Wilmington Trust Project
CaIPERS Benefit Trust
OPEB Trust Account CaIPERS Benefit Various managed by $ 5,540,572 $ - $ 5 Trust Account CaIPERS
TOTAL, Cash and Investments at July 31, 2024: $ 82,454,529 $ 174,327 $ 174,327 TOTAL for City Managed Portfolio, Cash and Investments: $ 76,913,319 $ 174,274 $ 174,274 Notes:
* Data Sources for Book Values and Actual Interest Earned:
1= Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund 3 = Monthly reconciled bank statement from US Bank
4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CaIPERS Benefit Trust Account Council Agenda 9-3-2024 9.C-3
Packet Page 30

Attachment 2

CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
July 31, 2024

INVESTMENT ACTIVITY

PURCHASES OR DEPOSITS
No Activity $
Total

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

INTEREST REVENUE

GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments $ 15,246

POOLED INVESTMENTS
Interest Earned on Investments $ 45,140

TOTAL INTEREST EARNED
Data Source: Monthly Download of Transactions from US Bank $ 60,387
Council Agenda 9-3-2024 9.C-4
Packet Page 31

Attachment 3
Attachment 3: For City Pooled Funds B • Summary of monthly transactions by fund City of Pismo Beach • Bank Account Proof of Cash for the month ending: 713112024 Beginning Ending
Bank Account Description Bank ID Balance Cash Receipts Disbursements Transfers•In Transfers•Out Balance General Checking US Bank $ 28,603,597 $ 7,972,386 $ (7,788,213) $ 58,646 $ - $ 28,846,416 LAIF LAIF 5,263,562 62,811 - - - 5,326,373
Total all Bank Accounts $ 33,867,158 $ 8,035,197 $ (7,788,213) $ 58,646 $ • $ 34,172,788 Beginning Ending
Fund Description Fund # Balance Cash Receipts Disbursements Transfers•In Transfers•Out Balance General Fund
General Fund 1001-10101 7,672,311 2,701,461 (4,016,795) 6,356,976 General Fund -Reserve 1001-10105 4,723 15,261 19,984.14 Half Cent Sales Tax Fund 1002 2,158,435 2,102 2,160,537 Special Revenue Funds
Gas Tax Fund 2001 321,088 36,424 357,512
LTF - Streets 2002 318,996 (68) 318,928
PEG Access Fund 2003 103,639 (334) 103,305
Police Grant Fund 2004 107,243 (15,633) 91,610
Housing In Lieu Fund 2005 116,095 1,046 (1,200) 115,941 LBID Fund 2006 2,512,612 302,308 (76,971) 2,737,950
Chapman House 2007 66,231 2,694 (7,910) 61,015
Capital Projects Funds
Capital Projects Fund 3001 925,933 2,889,638 (95,688) 3,719,883 Public Facilities Fund 3002 898 - 898
Park Development Fund 3003 372,098 (498) 371,600
Circulation Fund 3101 575,239 (3) 575,236
Development Impact Fee Fund 3102 141,464 921 142,385
Developer Impact Fee Fund 3103 171,005 171,005
Underground Utility Fund 3201 16,906 16,906
Council Agenda 9-3-2024 9.C-5
Packet Page 32

Attachment 3
Attachment 3: For City Pooled Funds B • Summary of monthly transactions by fund City of Pismo Beach • Bank Account Proof of Cash for the month ending: 713112024 Beginning Ending
Fund Description Fund # Balance Cash Receipts Disbursements Transfers -In Transfers -Out Balance Debt Service Funds
Public Finance Authority Fund 4001
Public Finance Authority Fund 4002 V
Freeway Foothills AD Fund 4101 782 782
Spyglass AD Fund 4102 13,022 13,022
Indio -El Portal AD Fund 4112 756 756
Visalia Street AD Fund 4113 6,391 378 6,769
Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 6,368,940 534,473 (1,945,525) 4,957,888 Water Construction Fund 6103 854,304 5,175 859,479
Water Expansion Fund 6104 958,059 958,059
Water Central Coast Blue JPA 6105 565 (0) 565
Wastewater Enterprise Fund 6201 894,017 520,989 (727,246) 687,760 Wastewater Construction Fund 6202 1,688,851 (3,921) 1,684,929 Wastewater Expansion Fund 6203 2,147,869 2,147,869
Wastewater CCB JPA 6204 1,147 (1) 1,146
LTF - Transit Fund 6301 28,898 - 28,898
Pier Operations Fund 6401 3,330 7,134 (14,958) (4,494)
Parking Fund 6501 100,464 441,708 (131,911) 410,260
Internal Service Funds
Technology Service Fund 7101 120,406 124,884 (157,248)
Motor Vehicle Fund 7201 3,031,512 124,633 (154,164)
88,042
3,001,981
Trust & Agency Funds
SLO County TMD 8201 166,561 232,997 (166,659) 232,900
Control Funds
Payroll Control Fund 9301 1,363,230 1,321 (306,142) 1,058,410 Interest Control Fund 9302 356,080 176,624 532,704
Utility Billing Control Fund 9304 178,769 4,623 183,392 M/R Control Fund 9305
Total all cash funds 33,867,158 8,111,969 (7,806,339) 34,172,788 Council Agenda 9-3-2024 9.C-6
Packet Page 33

Attachment 3
Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 7131/2024 Beginning Ending
Fund Description Fund # Balance Cash Receipts Disbursements Transfers -In Transfers -Out Balance

INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 0 0
General Fund - CD's 1001-10404 6,460,033 6,460,033
General Fund - Fed Agency 1001-10405 4,049,000 4,049,000 GF - Half Cent Sales Tax CD's 1002-10404 735,000 735,000 GF - Half Cent Sales Tax Fed Agf 1002-10405 500,000 500,000 GF - Half Cent Sales Tax Mny Mk 1002-10108 0 0
GF Reserve Money Mkt Cash 1001-10109 0 0
GF Reserve - CD's 1001-10403 3,672,967 3,672,967
GF Reserve - Fed Agency 1001-10402 2,208,000 2,208,000
GF Reserve - Building 1001-10406 202,000 202,000
GF Reserve - Building - Federal / 1001-10146 298,000 298,000 GF Reserve - Risk Mgmt - CD's 1001-10407 150,000 150,000 GF Reserve - Risk Mgmt - Fed Ac 1001-10140 50,000 50,000 GF Corp Bond - Pooled 1001-10141 529,143 529,143
GF Corp Bond - Reserve 1001-10145 500,000 500,000
GF Municipal Bonds Pooled 1001-10142 897,022 ' 897,022
GF Municipal Bonds Reserve 1001-10143 1,018,013 1,018,013 Risk Mgmt Muni Bonds Reserve 1001-10144 50,000 50,000
Half Cent Sales Tax- Pooled 1002-10141 -
Half Cent Sales Tax- Muni Bond 1002-10142
GF CREB's Fiscal Agent 1001-10515 (0) (0)
GF Treasury Note 1001-10410 6,003,991 6,003,991
Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 (0) (0)
Housing In Lieu Fund 2005-10404 385,000 385,000
Housing In -Lieu Fed Agencies 2005-10405 140,000 140,000 Housing In -Lieu Treasury Note 2005-10410
Capital Projects Funds
Park Develop. Fund Mny Mkt 3003-10108
Park Development Fund 3003-10404
Park Develop Federal Agencies 3003-10405
Circulation Fees Mny Mkt 3101-10108
Circulation Fees 3101-10404
Develop. Impact Fee Mny Mkt 3102-10108
Development Impact Fee Fund 3102-10404
Impact Fees Federal Agencies 3102-10405
0 245,000
0 245,000
Council Agenda 9-3-2024 9.C-7
Packet Page 34

Attachment 3
Attachment 3: For City Pooled Funds B • Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 713112024 Beginning Ending
Fund Description Fund # Balance Cash Receipts Disbursements Transfers -In Transfers -Out Balance

INVESTMENTS
Debt Service Funds
Public Fin Fiscal Agent -Pier 4002-10510 366 33 399
Public Fin Fiscal Agent-CREBs 4002-10515 218 20 238
Visalia Street CD's 4113-10404 100,000 100,000
Enterprise Funds
Water Fund Money Mrkt Csh 6101-10108 0 0
Water Fund CD's 6101-10404 735,000 735,000
Wtr Fund Federal Agencies 6101-10405 2,155,000 2,155,000 Wtr Fund Corp Bond - Pooled 6101-10141
Water Fund Treasury Note 6101-10410 1,000,000 ' 1,000,000 Water Construction Money Mkt 6103-10108 (0) (0)
Water Construction 6103-10404 504,363 504,363
Wastewater Fund Money Market 6201-10108 0 0
Wastewater Fund CD's 6201-10404 490,000 490,000
Wastewater Fund Fed Agencies 6201-10405 2,100,000 2,100,000 WWtr Fund Corp Bond - Pooled 6201-10141 1,062,000 1,062,000 WWtr Fund Treasury Note 6201-10410 1,000,000 1,000,000
Parking Enterprise Money Mrkt 6501-10108 (0) (0)
Parking Fund Corp Bond -Pooled 6501-10141 500,000 500,000 Parking Enterprise 6501-10404 1,225,000 1,225,000
Parking Fund Federal Agencies 6501-10405 1,750,000 1,750,000 Parking Fund Treasury Note 6501-10410
Internal Service Funds
MVR Fund Money Mrkt Csh 7201-10108 0 0
MVR Fund CD's 7201-10404 1,526,000 1,526,000
MVR Fund Federal Agencies 7201-10405 500,000 500,000
CalPers Benefit Trust
OPEB Trust Account 8101-10408 5,540,572 - 5,540,572
Total all Investments $ 48,281,688 $ 53 $ $ $ - $ 48,281,741 Total all Funds $ 82,148,846 $ 8,112,022 $ (7,806,339) $ • $ - $ 82,454,529 Council Agenda 9-3-2024 9.C-8
Packet Page 35

Nit' ill

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D
Meeting Date: September 3, 2024
TITLE:

Appointment of Voting Delegates for the 2024 League Of California Cities Annual Conference
RECOMMENDATION:

Make the following Pismo Beach voting delegate appointments for the 2024 League of California Cities Annual Conference:

1. Primary Delegate: Council Member Inman

2. Alternate Delegate: City Manager Garcia
DISCUSSION:

The League of California Cities (Cal Cities) will hold its 2024 Annual Conference October 16-18, 2024, in Long Beach. The City of Pismo Beach is a Cal Cities member in good standing and has historically sent Council Members and executive staff to the conference.

A key component of the conference is the Annual Business Meeting, at which members act to establish Cal Cities policy. In order participate in these voting activities, Cal Cities requires that its member cities' Councils formally appoint a voting delegate, and up to two alternate voting delegates, to represent their city at the Business Meeting.

Alternatives
The Council may appoint other voting delegates in lieu of those recommended by staff.

The Council may appoint a Council Member or staff member as a second alternate delegate.

Conclusion and Recommendation
Staff recommends that the Council appoint Council Member Inman as the primary delegate, and City Manager Garcia as the alternate delegate, to represent the City at the Cal Cities 2024 Annual Conference. Further information about the Business Meeting and voting process is included in a letter from Cal Cities provided as Attachment 1.

FISCAL IMPACT:

There is no fiscal impact associated with the designation of voting delegates. Travel expenditures for Council Members and staff attending the conference are currently budgeted in the City Council and staff travel accounts.

ATTACHMENTS:

1. Cal Cities Correspondence
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 9-3-2024
Packet Page 36

9.D-1

Attachment 1
ilikLEAGUE OF

CALIFORNIA
CITIES
Council Action Advised by September 25, 2024
DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member -driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city's delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre -conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Council Agenda 9-3-2024
Packet Page 37

9.D-2

Attachment 1

LEAGUE OF

CALIFORNIA
CITIES
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities' event and meeting policy in advance of the conference.

Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Council Agenda 9-3-2024
Packet Page 38

9.D-3

Attachment 1
iiik LEAGUE OF
Alp CALIFORNIA
CITIES
General Assembly Voting Guidelines
1 One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Council Agenda 9-3-2024
Packet Page 39

9.D-4

Attachment 1

LEAGUE OF

CALIFORNIA
CITIES
How it works: Cal Cities
Resolutions and the General Assembly
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities' advocacy to promote local decision -making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here's how resolutions and the General Assembly work.

General Resolutions
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

Petitioned Resolutions
Z
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

General Assembly
flea Att. During the General Assembly, voting delegates .11.0.•m debate and consider general and petitioned
l•�..•�; •�m resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Policy Committees
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.
i
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved' by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
Who's who
Cal Cities policy
development is a member -
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
' The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. s Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

For more information visit www.calcities.org/general-assembly Council Agenda 9-3-2024
Packet Page 40

9.D-5

Nit' ill

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.E
Meeting Date: September 3, 2024
TITLE:

Payment to PG&E for Electrical Work Related to the Public Safety Facility Project RECOMMENDATION:

Adopt a Resolution authorizing payment to Pacific Gas and Electric Company in the amount of $202,385.92 for costs related to the Public Safety Facility project.

DISCUSSION:

On July 18, 2023, the City Council awarded a contract to F&H Construction to complete the Public Safety Facility Project. The plan for the new facility identifies Pacific Gas and Electric Company (PG&E) facilities required for the new building. Staff has submitted an application to PG&E for the electrical work required for the project. PG&E's cost for the work is $202,385.92 (cost summaries provided as Attachment 1.A and 1.B), and the work will not be scheduled until payment is made.

The City's Purchasing Policy and Procedures Manual (Policy) mandates City Council approval for payments over $100,000, which typically must undergo a competitive procurement process. However, the Policy allows for an exception when a service is provided by a sole source. In this instance, the City Manager has determined that PG&E is the sole provider of the required service, allowing the contract to be awarded without competition. This payment is an anticipated project cost that was identified in the approved project budget and is required in order for the project to move forward.

Conclusion and Recommendation
Staff recommends City Council adopt a Resolution (Attachment 1) authorizing the payment to PG&E, ensuring the project is not delayed.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution is $202,385.92. This cost is already budgeted by the previously approved project budget in the Capital Projects Fund.

ATTACHMENTS:

1. Resolution

1.A PG&E Agreement — New Construction

1.B PG&E Agreement — Rule 20C
Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Mike James, Assistant City Manager
City Manager Approval:

Council Agenda 9-3-2024
Packet Page 41

9.E-1

Attachment 1
RESOLUTION NO. R-2024-XXX

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

CALIFORNIA AUTHORIZING PAYMENT TO PACIFIC GAS AND ELECTRIC COMPANY IN THE AMOUNT OF $202,385.92 FOR COSTS RELATED TO THE

PUBLIC SAFETY FACILITY PROJECT
WHEREAS, on July 18, 2023, the City Council awarded a contract to F&H Construction to complete the Public Safety Facility Project; and
WHEREAS, the plan for the new facilities identifies Pacific Gas and Electric Company (PG&E) facilities required for the new building; and
WHEREAS, the City's Purchasing Policy and Procedures Manual requires City Council approval for payments over $100,000 and allows for an exception to the competitive procurement process when a service is provided by a sole source; in this instance, the City Manager has determined that PG&E is the sole provider of the required service, allowing the contract to be awarded without competition; and WHEREAS, PG&E's cost for the work is $202,385.92.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes payment to Pacific Gas and Electric Company in the amount of $202,385.92 (invoices provided as Exhibit A and B) for costs related to the Public Safety Facility project.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 3rd day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 9-3-2024 9.E-2
Packet Page 42

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
Council Agenda 9-3-2024 9.E-3
Packet Page 43

Attachment 1.A
Docusign Envelope ID: 360B70DB-2654-4BB1-9AC3-75AEDOBE8901 Customer Payment
Coupon
July 24, 2024
City of Pismo Beach
760 Mattie Road
PISMO BEACH, CA 93449
References
Notification #
Contract #
E16-PM #
ELS-PM #
Customer #
128176819
50106092 V1
35554680
35554680
Customer Payment Summary
1000 BELLO STREET, PISMO BEACH
Please pay the Total Due based upon the payment option(s) you selected on page two of the enclosed Gas and Electric Extension Agreement.

Payment Options
Subtotal • Total Due
10-Year Refundable Advance Option Gas and Electric
$191,135.84
$178,135.84
Non -Refundable 50 percent Discount Option for Gas and
Electric
$138,763.42
$125,763.42
10-Year Refundable Advance Option for Gas and
Non -Refundable 50 percent Discount Option for Electric $138,763.42
$125,763.42
Non -Refundable 50 percent Discount Option for Gas and
10-Year Refundable Advance Option for Electric
$191,135.84
$178,135.84
Subtotals for each payment option above in de the following non-refundable values:

Street Lighting Non -Refundable Payment
$80,709.90
The Total Due for each payment option above includes:

Advance Credit
($13,000.00)
Important Payment Information
To complete your contract ONLINE
Follow the instructions provided with your electronic contract Submit payment at https://www.pge.com/contractpayments To complete your contract BY MAIL
Please make check payable to: PG&E or Pacific Gas and Electric Complete, sign and return the enclosed agreement(s), the SACAC form and the customer payment coupon with your payment
Remit payment and SACAC form to:

PG&E CFM/PPC Department
PO BOX 997340
Sacramento, CA 95899-7340

IMPORTANT MESSAGE
Please review the enclosed information
and total due. This document needs
to be returned with the enclosed
agreements.

If you complete your contract ONLINE,
a copy will be saved to your Customer
Connections Online (CCO) account at
pge.com/cco.

To learn more about PG&E's gas and
electric safety initiatives and resources
please visit pge.com/safety.

Have Questions?
Please Call
22-0436
Council Agenda 9-3-2024
Packet Page 44

9.E-4

Attachment 1.A
Docusign Envelope ID: 360B70DB-2654-4BB1-9AC3-75AED0BE8901 Gas and Electric
Extension Agreement*
July 24, 2024
City of Pismo Beach
760 Mattie Road
PISMO BEACH, CA, 93449
Dear Jorge Garcia
We are writing to let you know Pacific Gas and Electric Company (PG&E) will extend its facilities to provide the requested gas and electric service to the project address listed above. PG&E's costs have been developed based on the choices and information provided in your application and may change if you make changes. This letter, including PG&E's tariffs, which are incorporated by reference below, will serve as our contract. As required by the California Public Utilities Commission (CPUC), special facilities will be handled in a separate contract. Per Decision 22-09-026, Residential and Non-residential Customers submitting an application for new gas service on or after July 1, 2023, do not qualify for Allowances, Refunds or Discount Option.

Per Decision 23-12-037, Mixed -Fuel New Constructions project applications received after July 1, 2024, will not qualify for Allowances, Refunds, or Discount Option. For new applications for Gas Service Extension(s) on or after July 1, 2023, and Mixed Fuel New Construction projects after July 1, 2024, Applicants must pay PG&E its total estimated installed cost upon contract execution, in advance of PG&E commencing its work. Upon completion of the work and determination of actual costs, PG&E will provide Applicant with a final invoice or refund to account for a true -up to actual costs. An Applicant's failure to pay a final invoice in a timely manner is a violation of PG&E's Gas Rules 15/16 and may result in discontinuance of service. Non -Residential Customers submitting an application for new gas service on or after July 1, 2023 may qualify for Allowances, Refunds or Discount Option if approved by the CPUC. Please complete the following four steps to execute this contract.

For Internal Use
Notification # 128176819
Contract # 50106092 V1
E-PM # 35554680
G-PM #
E-Prior MLX/PM#
G-Prior MLX/PM#
Customer #
Review the following work responsibilities and cost information.

Re: 1000 BELLO STREET, PISMO BEACH
Work To Be
Done By

GAS MAIN

GAS SERVICE

ELECTRIC DISTRIBUTION

ELECTRIC SERVICE
Trench Pipe Trench Pipe Trench Substr. Facilities Trench Substr. Facilities PG&E
X
Customer
X
X
X
GAS

ELECTRIC
Total non-refundable project costs
$0.00
$88,340.33
Refundable extension costs
$0.00
$126,643.43
Allowances (credit)
-
$0.00
-
$21,898.60
Net refundable amount
=
$0.00
=
$104,744.83
10 YEAR REFUNDABLE OPTION
Net refundable amount
$0.00
$104,744.83
Credit for value of design and/or-
facilities provided by applicant
$0.00-
$1,949.33
Total non-refundable project costs
+
$0.00
+
$88,340.33
Total (if you select this option)
=
$0.00
=
$191,135.83
NON-REFUNDABLE 50% DISCOUNT OPTION
Net refundable amount
$0.00
$104,744.83
Discount: 50% of Net refundable amount
-
$0.00
-
$52,372.41
Credit for value of design and/or-
facilities provided by applicant
$0.00-
$1,949.33
Total non-refundable project costs
+
$0.00
+
$88,340.33
Total (if you select this option)
=
$0.00
=
$138,763.42
Potential refund per residential lot/unit
$0.00
$0.00
Potential reimbursement per service completion
Pressurized or energized system
$0.00
$0.00
Not pressurized or energized system
$0.00
$0.00
Reimbursement for other work
performed
$0.00
$0.00
All amounts include the Income Tax Component of Contribution (ITCC) PG&E is required to charge customers, where applicable.

DEFINITIONS AND EXPLANATION OF TERMS
(For more detail see rules 15 and 16):

Total non-refundable project costs include costs for
work such as electric trench and excavation, conduits,
inspections, streetlights, conversion from overhead to
underground and contract processing.

Refundable extension costs include costs for facilities such as electric conductor, transformers and poles; gas pipe, gas share of distribution trench and regulators;
and meters.

Allowances are a credit against refundable extension
costs. They are based upon the number of residential
units expected to be connected within the first six
months and the expected annual non-residential net
(distribution) revenue from your project.

Allowances granted under either option are subject to
deficiency billing if the number of residential units
connected or the annual non-residential net revenue
falls below the forecast used to calculate the
allowances.

Net refundable amount is the portion of overall costs
eligible for refund to you based upon additional
residential meters being set or upon increases in non-
residential annual net (distribution) revenue. A cost -of - ownership charge is assessed against the Net
refundable amount (except for individual residential
applicants) per Rule 15.

Potential refund per residential lot/unit is for those
lots/units for which you did not already receive an
allowance (i.e., units not expected to be connected in
the first six months). Any refunds may be decreased or
eliminated by cost -of -ownership charges assessed
under the provisions of Rule 15.

Potential reimbursement per service completion is
the amount to which a customer may be entitled for
performing certain service connection work PG&E
would otherwise perform when installing service
extensions and are not to be confused with refunds.

Reimbursement for other work performed is
the amount to which a customer may be entitled
for performing certain work (other than service
completions) that normally is PG&E's responsibility. 11 * Automated document,
Preliminary Statement, Part A
Form 79-1169
Advice 4862-G/7158-E
January 2024
"PG&E" refers to Pacific
Council Agenda 9-3-2024
Packet Page 45

9.E-5

Attachment 1.A
Docusign Envelope ID: 360B70DB-2654-4BB1-9AC3-75AEDOBE8901 Gas and Electric
Extension Agreement*
© Select one of the following payment options.
10-Year Refundable Option for Gas and Electric
X
Non -Refundable 50 Percent Discount Option for Gas
and Electric
10-Year Refundable Option for Gas and Non -
Refundable 50 Percent Discount Option for Electric
Non -Refundable 50 Percent Discount Option for
Gas and 10-Year Refundable Option for Electric
Gas
$0.00
$0.00
Electric
$191,135.84
$138,763.42
$0.00 $138,763.42
$0.00+ $191,135.84
IN Review these important terms and conditions.

This Gas and Electric Extension Agreement is controlled by, and incorporates by reference, PG&E's tariffs, including Gas and Electric rules 2, 15, and 16; the Distribution and Service Extension Agreement -Provisions (Form 62-0982) and the General Terms & Conditions for Gas and Electric Extension & Service Construction by Applicant (Form 79-716), all as approved and authorized by the CPUC. This agreement at all times shall be subject to such modifications as the CPUC may direct from time to time in the exercise of its jurisdiction.

You can view PG&E's tariffs online at pge.com/tariffs or contact the PG&E representative listed below. Additional details underlying the amounts shown in this agreement, as well as the calculation of allowances, refunds or deficiency bills can also be provided by your local PG&E representative.

After completing steps 1, 2 and 3 and having checked one, but only one, of the four payment options above, please complete and return the following items to PG&E.

Sign and return this contract as indicated below.

Submit the Payment Coupon with Total Due based on your option selected.

Sign and return the enclosed Statement of Applicant's Contract Anticipated Costs (SACAC) [Form 79-1003] (explanation in box to the right).

Please provide your payment and required forms within 90 days from July 24, 2024. PG&E is not bound by the costs set forth above if payment and the signed forms are not received by PG&E within 90 days.

If you have any questions, please contact Denise Clarke at 805 858 8874 or by email at [email protected].

Advance

SEE PMT CPN

SEE PMT CPN

SEE PMT CPN

SEE PMT CPN
Total Due
$191,135.84
$138,763.421
= $138,763.42
= $191,135.84

ADDITIONAL INFORMATION
What is the SACAC form
i
Under PG&E's rules 15 and 16 you have a choice:you can
perform the work yourself, hire a qualified contractor to perform the work or hire PG&E to do the work. We are
required by the CPUC to provide you with PG&E's costs.

This form identifies our cost for the refundable service that is PG&E's responsibility to install. PG&E's costs were
developed based on your choices within the application and may change if you change that choice.

How do I fill out the SACAC?
If you want to do this work yourself or have a qualified contractor do this work, please enter your estimated costs in the section of the SACAC form entitled "Applicant Costs" or check the box in the section entitled "Applicant's Election Not To Provide Costs," sign and return to PG&E. PG&E will send you a revised agreement by return mail only if you choose to provide your estimated costs.

If you want PG&E to do this work, please check the sectio "Applicant's Election Not to Provide Costs," sign and retur the SACAC form along with a check for the Total Due
based on the option you selected above.

You must return the completed SACAC form to PG&E
regardless of who you choose to do the work.

Please follow payment instructions
found on your Payment Coupon.mil
(Applicant), hereby attest and certify that this project does not meet the definition of Mixed - Fuel New Construction as described in PG&E Gas and Electric Rules 1 and 15, provided below:

MIXED -FUEL NEW CONSTRUCTION: A new end -use load or consistent with the definition of New Construction in the CEC 2022 Building Energy Efficiency Standards, a building that has never been used or occupied for any purpose, or any renovation where 50 percent or more of the exterior weight bearing walls are removed, that uses gas and/or propane in addition to electricity.

Pacific Gas and Electric Company
This contract has been reviewed and approved by:

Kari Gaither
Service Planning Supervisor
Customer
Agreed and accepted by:

City of Pismo Beach, A GOVERNMENT AGENCY
Authorized Signatory Jorge Garcia
Title REPRESENTATIVE
Signature
Date 8/8/2024

Signed by:

Cblr,t. -. Garcia
E1AAF7FF113D4E3...
* Automated document,
Preliminary Statement, Part A
Form 79-1169
Advice 4862-G/7158-E
January 2024
"PG&E" refers to Pacific Gas and Electric Company, a subsidiary of PG&E Corporation. C2015 Pacific Gas an Council Agenda 9-3-2024
Packet Page 46

9.E-6

Attachment 1.A
Docusign Envelope ID: 360B70DB-2654-4BB1-9AC3-75AEDOBE8901 I

STATEMENT OF APPLICANT'S CONTRACT
ANTICIPATED COSTS.*
July 24, 2024
Project Name: Pismo Public Safety Center
Project Location: 1000 BELLO STREET, PISMO BEACH
Notification Number: 128176819
PM Number(s): (Gas)

APPLICANT COSTS
(Electric) 35554680
The following statement must only include the contracted anticipated installed costs of facilities installed by the Applicant that are refundable and that are PG&E's responsibility under its tariffs.

The costs provided by the Applicant must be taken from the Applicant's contract with its contractor. If the Applicant will be performing the work itself, the Applicant must also complete and sign this form.

The Applicant's statement of costs will be compared with PG&E's estimated installed costs of the same facilities, the lower of which will be used to determine the amount subject to allowances and refunds in accordance with the provisions of PG&E's Gas and Electric Rules 15 and 16.

If the Applicant chooses not to provide its costs, it must complete the last section of this form. Until the Applicant either provides the refundable cost from its contract with its contractor (or its own cost, if applicable), or returns this form indicating that it will not do so, PG&E will not proceed with any work on the Applicant's project.

GAS
Residential Service Facilities:

Applicant: $
PG&E:

Number of gas service: 0
$0.00

ELECTRIC
Residential Service Facilities:

Applicant: $
PG&E:
$0.00
Stubs:0 Number of Electric service: 0
• Applicant's statement of costs include: overhead or underground service conductors,poles, service transformers, connection fittings, service pipe, valves, service connections,and other PG&E -owned service equipment, as detailed in Gas and Electric Rule 16. • Applicant's statement of costs DOES NOT include: inspection fees, nonresidential service costs, regulators, or PG&E -owned metering equipment.
* This form at all times shall be subject to such modifications as the California Public Utilities Commission May direct form time to time in the exercise of its jurisdiction.
tlnformation collected on this form is used in accordance with PG&E's privacy policy. The privacy policy is available at pge.com/privacy Automated document, Preliminary Statement, Part A

Form 79-1003
Advice 4350-G/6050-E
February 2021
Council Agenda 9-3-2024 9.E-7
Packet Page 47

Attachment 1.A
Docusign Envelope ID: 360B70DB-2654-4BB1-9AC3-75AEDOBE8901 GAS

ELECTRIC
Gas Distribution Facilities Electric Distribution Facilities and Non -Residential Service Services: and Non -Residential Service Services:

Applicant: $
Applicant: $
PG&E: $0.00 PG&E: $54,964.43

GAS DISTRIBUTION TRENCH
Applicant: $
PG&E: 0.00
• Applicant's statement of costs include: overhead or underground service conductors,poles, service transformers, connection fittings, service pipe, valves, service connections,and other PG&E -owned service equipment, as detailed in Gas and Electric Rule 16. • Applicant's statement of costs DOES NOT include: inspection fees, nonresidential service costs, regulators, or PG&E -owned metering equipment.

I declare under penalty of perjury that the foregoing is true and correct. rx APPLICANT'S ELECTION NOT TO PROVIDE COSTS: (if this option selected, box must be checked) I choose not to provide to the utility my refundable costs for this project as taken from my contract with my contractor, or as performed by myself, and acknowledge that PG&E will use its estimate of the refundable costs for this project in the contract between it and me.

Executed on 8/8/2024 at Pismo Beach
(Date) (City)
By: Jorge Garcia
Print Applicant Name:

Signed:

Title:

City of Pismo Beach, A GOVERNMENT AGENCY
—S,gned by:
_i rr�t -. Ania
EIAAFIFF113D4E3...

REPRESENTATIVE
tlnformation collected on this form is used in accordance with PG&E's privacy policy. The privacy policy is available at pge.com/privacy Automated document, Preliminary Statement, Part A

Form 79-1003
Advice 4350-G/6050-E
February 2021
Council Agenda 9-3-2024 9.E-8
Packet Page 48

Attachment 1.A
Docusign Envelope ID: 360B70DB-2654-4BB1-9AC3-75AEDOBE8901 - Pacific Gas and Electric Company
Detailed Cost Sheet - Electric Distribution
and Service Extension Costs
July 24, 2024
Applicant: Jorge Garcia
Project Location/Name 1000 BELLO STREET, PISMO BEACH
Cost Breakdown
Total number of residential lots/units for this project:

Total number of non-residential lots/units for this project:

Total number of combined meters:

Cost of Services:

Engineering & Administrative Costs
0 2
2 References
Notification # 128176819
Contract # 50106092 V1
E16-PM # 35554680
ELS-PM # 35554680
Customer #
Including Applicant Design Value of $0.00
Service Tie -In Cost (Energized) by PG&E (+)
Service Tie-in Cost by Applicant (+)
Electric Metering (+)
Others (N/A) (+)
Inspection Fees (+)
Service Cost - PG&E installed # Services 0 (+)
Service Cost - Applicant installed # Services 0 (+)
Total Estimated Cost of Service Subject to Allowance (=) Including Net Joint Pole Credit Value of $0.00
Cost of Service Within Allowance:
less Total Residential Service Allowance
(not to exceed Total Estimated Cost of Service Subject to Allowance) $0.00 X 0
Excess Service Cost
Estimated Service Cost Within Allowance (Total less Excess) Average Cost per Lot or Unit Within Allowance
$0.00 / 0
(-)
(=)
(=)
Excess Service Allowance Applied to Distribution Line Extension Refundable Amount per Lot or Unit:
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00 $0.00 = $0.00..

Allowance Ave. Cost / Unit

Council Agenda 9-3-2024 9.E-9
Packet Page 49

Attachment 1.A
Docusign Envelope ID: 360B70DB-2654-4BB1-9AC3-75AEDOBE8901 Allowances
Residential:
$0.00 X 0 = $0.00
Allowance Lots / Units
plus ITCC @ 24% Residential Allowances (+) $0.00
SUB TOTAL Residential Allowances (_) $0.00
Non -Residential: $2.606.64 / 0.1476 = $17 660.16
Net Annual Revenue Cost -of -Service -Factor
plus ITCC @24% Non -Residential Allowances (+) $4 238.43 SUB TOTAL Non -Residential Allowances (=) $21 898.60
less Residential Service Allowance:
( 0 X $0.00 ) + 24% = $0.00
Lots/Units Ave. Cost / Unit ITCC
Total Distribution Line Extension Allowance (=) $21,898.60 Amount Subject to Refund
Engineering & Administrative Costs $27,721.65
Including Applicant Design Value of $0.00
Tie -In of Distribution by PG&E (+) $14,444.90
Electric Metering (Non -Residential Projects) (+) $5.000.82 Other Taxable charges ( N/A) (+) $0.00
PG&E installed - Cost of Distribution Line and Non -Res Svcs. (+) $53,015.10 Applicant installed - Cost of Distribution Line and Non -Res Svcs. (+) $1.949.33 Value of Distribution Substructures (+) $0.00
Inspection Fees (+) $0.00
Less Non -Residential Service Costs not Qualified for Refunds (-) $0.00 Less Distribution Extension Costs not Qualified for Refunds (-) $0.00 SUB TOTAL (=) $102.131.80
Including Net Joint Pole Credit Value of $0.00
plus ITCC @ 24% (+) $24 511.63
Total Refundable Amount (+) $126.643.43
Less Total Allowances (not to exceed Total Refundable Amount) (-) $21.898.60 Balance: Net Refundable Amount $104,744.83
10 Year Refundable Advance Option
Balance: Net Refundable Amount $104,744.83
Less Credit for Value of Applicant Design Work $0.00
Less Cost of Dist. Line Ext. and Non -Res Svcs. installed by Applicant $1,949.33 Less Distribution Substructures by Applicant $0.00
Net 10 Year Refundable Advance Option Amount $102.795.50 Non -Refundable Discount Option
Balance: Net Refundable Amount $104,744.83
less Discount $104.744.83 X 0.50 = (-) $52,372.41
Balance Discount Rate
Less Credit for Value of Applicant Design Work
Less Cost of Dist. Line Ext. and Non -Res Svcs. installed by Applicant Less Distribution Substructures by Applicant
Net Non -Refundable Discount Option Amount

$0.00
$1, 949.33
$0.00
$50.423.08
Council Agenda 9-3-2024 9.E-10
Packet Page 50

Attachment 1.A
Docusign Envelope ID: 360B70DB-2654-4BB1-9AC3-75AEDOBE8901 Non -Refundable Payments
Rule 16 Non -Refundable Payments
Excess Service Costs $0.00
Non -Residential Service Costs not Qualified for Refunds (+) $0.00 Service Costs Beyond Preferred Service Location (+) $0.00 Service Riser (+) $1,196.53
Value of Rule 16 Land Rights Costs (+) $0.00
Value of Service Trench, Conduits & Substructures in the (+) $11,243.96 Franchise Area or on 3rd Party Property
Inspection Fees (+) $2.337.25
Rule 16 Trench Permits Obtained by PG&E (+) $0.00
Other Taxable Charges: N/A (+) $0.00
Cost of Additional Rule 16 Applicant Design Plan Checks (+) $0.00 SUB TOTAL (_) $14 777.74
Plus ITCC @ 24% (+) $3.546.65
Other Non-taxable Charges: (+) $0.00
Residential Per Meter Charge = 0 unit(s) (+) $0.00
Non -Residential Per Meter Charge 2 unit(s) (+) $550.00 Inspection Fees (not subject to ITCC) (+) $0.00
Plus Service Trench, Conduits, & Substructures installed by (+) $0.00 PG&E on Private Property
SUB TOTAL (=) $18.874.40
Less Excess Service Facilities Installed by Applicant (-) $0.00 Less Service Costs Beyond Preferred Location by Applicant (-) $0.00 Less Service Trench in the Franchise Area or
on & 3rd Party Property installed by Applicant (-) $11 243.96 Less Rule 16 Applicant Design Work Associated with Excess (-) $0.00 Total Rule 16 Non -Refundable Amount (_) $7 630.44
Rule 15 Non -Refundable Payments
Distribution Extension Costs not Qualified for Refunds $0.00 Inspection Fees (+) $0.00
Re-estimating/Composite Preparation (+) $0.00
Cost of Additional Applicant Design Plan Checks (+) $0.00 Value of Distribution Conduits (+) $0.00
Distribution Risers Installed by PG&E (+) $0.00
Value of Distribution Trench (+) $0.00
PG&E Land Rights Costs (+) $0.00
Rule 15 Trench Permits Obtained by PG&E (+) $0.00
Other (+) $0.00
SUB TOTAL (_) $0.00
Plus ITCC @ 24% (+) $0.00
Other Non-taxable Charges (+) $0.00
SUB TOTAL (_) $0.00
Less Cost of Distribution Line Extension Installed by Applicant (-) $0.00 Less Distribution Substructures by Applicant (-) $0.00
Less Rule 15 Applicant Design Work (-) $0.00
Less Distribution Conduits Installed by Applicant (-) $0.00 Less Distribution Trench Provided by Applicant (-) $0.00 Total Non -Refundable Electric Rule 15 Amount (=) $0.00

Council Agenda 9-3-2024 9.E-11
Packet Page 51

Docusign Envelope ID: 360B70DB-2654-4BB1-9AC3-75AED0BE8901 Attachment 1.A
Relocation / Rearrangement of PG&E Facilities
Value of Relocation/Rearrangement Facilities $0.00
Value of Relocation/Rearrangement Conduits & Substructures (+) $0.00 Value of Relocation/Rearrangement Trench & Excavation (+) $0.00 Engineering & Administrative Costs (+) $0.00
Value of Relocation Applicant Design Work (+) $0.00
Re-engineering/Comp Prep/Add'I AD Plan Checks (+) $0.00 Tie-in/Meter of Relocation/Rearrangement by PG&E (+) $0.00 Relocation/Rearrangement Trench Permits Obtained by PG&E (+) $0.00 Relocation/Rearrangement Land Rights (+) $0.00
Relocation/Rearrangement Inspection Fees (+) $0.00
SUB TOTAL (_) $0.00
Including Net Joint Pole Credit Value of $0.00
Plus ITCC @ 0% (+) $0.00
Plus Relocation/Rearrangement - Non Taxable (+) $0.00
D.0405055 Line Extension Costs - Residential (PMC Charge) (+) $0.00 D.0405055 Line Extension Costs - Non -Residential (PMC Charge) (+) $0.00 SUB TOTAL (_) $0.00
Less Relocation/Rearrangement Facilities Installed by Applicant (-) $0.00 Less Conduits & Substructures Installed by Applicant (-) $0.00 Less Trench & Excavation Provided by Applicant (-) $0.00 Less Value of Relocation Applicant Design Work (-) $0.00 Less Relocation/Rearrangement Salvage (-) $0.00
Total Relocation / Rearrangement of PG&E Facilities Amount (_) Actual Cost Billing Forecast(6)
Total Non -Refundable Electric Rule 16 Amount (+) $7 630.43 Total Non -Refundable Electric Rule 15 Amount (+) $0.00 Total Non -Refundable Relocation / Rearrangement Amount (+) $0.00 Total Non -Refundable Costs (+) $7 630.43
Actual Cost Billing Forecast Fee (+) $0.00
Total Non -Refundable Payment
_$0.00
(_) $7 630.43
Value of Electric Facility Reinforcements by PG&E: $0.00 based upon Applicant's estimated demand of: 0 00 kVa
(Reference: Payment Adjustments. Excess Facilities section of provisions) (1) Total Service Allowance not to exceed the Cost of Service (2) 10 Year Refundable and Discount Option credit amounts will be paid upon acceptance of facilities. Credit amounts are subject to future deficiency billing in accordance with the tariff. (3) 10 Year Refundable and Discount Option credit amounts do not offset Other Non -Refundable or Relocation Fees. See Reimbursement Summary for a total of Reimbursements and Credits to be paid upon acceptance of facilities. (4) Inspection Fees (Only Refundable if Applicant's Actual Cost is Used. Applicant's Actual Cost + Inspection Cannot Exceed PG&E's Estimate)
(5) The lower of PG&E's estimated costs or the Applicant's Contract Anticipated Costs (as documented on Form 79-1003 "Statement of Contract Anticipated Costs") will be used to establish the cost of Service and Distribution Line Extension subject to Allowance (6) Per CPUC Decision 23-12-037, Actual Cost Billing Forecast is to cover any cost increases due to unforeseen circumstances.

Note: This supplemental detailed cost sheet is for reference only and is not intended for use in place of the actual contract for the project listed.

Council Agenda 9-3-2024 9.E-12
Packet Page 52

Attachment 1.A
Docusign Envelope ID: 360B70DB-2654-4BB1-9AC3-75AEDOBE8901 Pacific Gas and Electric Company
Detailed Cost Sheet — Streetlight Costs
July 24, 2024
Cost Breakdown
LOCATION: 1000 BELLO STREET, PISMO BEACH
DESCRIPTION OF WORK: Install Streetlight Service Point(s) and/or Circuit(s) References
Notification # 128176819
Contract # 50106092 V1
E16-PM # 35554680
ELS-PM # 35554680
Customer #
Engineering & Administrative Costs $51 998.94
Including Applicant Design Value of $0.00
Streetlight Service - Facilities & Connection (+) $1 772.90 Total Amount Subject to Allowance (_) $53 771.84
Streetlight Service Point Allowance (-) $460.68
Balance (_) $53 311.16
Additional Applicant Design Review (+) $0.00
Re-Estimating/Composite Prep, Land, Permits $0.00
SL Circuit - Poles & Foundations (+) $34 131.76
SL Circuit - Internal Wiring/Circuit Cable (+) $0.00
SL Substructures, Trench, Tree Trimming (+) $48 700.87
SL Svc Extnsn and/or Circuit - Inspection (+) $9.738.66 SL LED Luminaires/Non Refundable Facilities (NR) (+) $0.00 SL Svc Extnsn and/or Circuit - Riser Molding (+) $917.59 Subtotal (_) $146,800.04
plus ITCC @ 24% (+) $35 232.00
Streetlight Service Point - Connection Only (+) $0.00
Less Applicant Provided Work:

Cost beyond Allowance by Applicant (-) $65,192.71
SL Circuit - Luminaires (-) $17 141.52
SL Circuit - Arms (-) $0.00
SL Circuit - Poles/Posts (-) $18.987.92
Total Streetlight Non -Refundable Payment (_) $80,709.89 Amount shown does not include PG&E Contributions of:

SL Circuit - Luminaires $17 141.52
SL Circuit - Arms $0.00
SL Svc Dlvry Pnt Extn - Connection to LS-1A Circuit $0.00 SL Engineering & Administrative Costs $0.00
Note: This supplemental detailed cost sheet is for reference only and is not intended for use in place of the actual contract for the project listed.

Council Agenda 9-3-2024 9.E-13
Packet Page 53

Attachment 1.B
F 0
Customer Payment
Coupon
August 21, 2024
City of Pismo Beach
760 Mattie Road
PISMO BEACH, CA 93449
References
Notification #
Contract #
E20C-PM #
Customer #
128176819
50106966 V1
35564005
Customer Cost Summary
1000 BELLO STREET, PISMO BEACH
Amounts Due
Rule 20C Non -Refundable Payment
Important Payment Information
To complete your contract ONLINE
Follow the instructions provided with your electronic contract Submit payment at https://www.pge.com/contractpayments To complete your contract BY MAIL
Please make check payable to: PG&E or Pacific Gas and Electric Complete, sign and return the enclosed agreement(s), the SACAC form and the customer payment coupon with your payment
Remit payment and SACAC form to:

PG&E CFM/PPC Department
PO BOX 997340
Sacramento, CA 95899-7340

IMPORTANT MESSAGE
Please review the enclosed information
and total due. This document needs
to be returned with the enclosed
agreements.

If you complete your contract ONLINE,
a copy will be saved to your Customer
Connections Online (CCO) account at
pge.com/cco.

To learn more about PG&E's gas and
electric safety initiatives and resources
please visit pge.com/safety.

Have Questions?
Please Call
0-422-0436
Council Agenda 9-3-2024
Packet Page 54

9.E-14

Attachment 1.B
®Pacific Gas and Electric Company DISTRIBUTION: REFERENCES:

Agreement to Perform r Applicant (Original) Notification # 128176819 Tariff Schedule Related Work r Division (Original) Contract# 50106966 V1 E ACCTG. SVCS. R20-PM # 35564005
August 21, 2024
City of Pismo Beach, A GOVERNMENT AGENCY (Applicant) has requested PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PG&E), to perform the tariff schedule related work as located and described in paragragh 3 herein. PG&E agrees to perform the requested work and furnish all necessary labor, equipment, materials and related facilities required therefore, subject to the following conditions:

1. Whenever part or all of the requested work is to be furnished or performed upon property other than that of Applicant, Applicant shall first procure from such owners all necessary rights -of -way and/or permits in a form satisfactory to PG&E and without cost to it.

2. Applicant shall indemnify and hold harmless PG&E, its officers, agents and employees, against all loss, damage, expense and liability resulting from injury to or death of any person, including but not limited to, employees of PG&E, Applicant or any third party, or for the loss, destruction or damage to property, including, but not limited to property of PG&E, Applicant or any third party, arising out of or in any way connected with the performance of this agreement, however caused, except to the extent caused by the active negligence or willful misconduct of PG&E, its officers, agents and employees. Applicant will, on PG&E's request, defend any suit asserting a claim covered by this indemnity. Applicant will pay all costs that may be incurred by PG&E in enforcing this indemnity, including reasonable attorneys' fees.

3. The location and requested work are described as follows: (Describe in detail the materials and facilities to be furnished and/or work to be performed by PG&E. If more space is required, use other side and attach any necessary drawings as Exhibits A, B, C, etc):

LOCATION: 1000 BELLO STREET, PISMO BEACH
DESCRIPTION OF WORK: Rule 20C - Underground existing overhead electric facilities Engineering & Administrative Costs
Including Applicant Design Value of
Cost of Additional Applicant Design Plan Checks
Value of 20C Underground System
Tie -In of 20C by PG&E
PG&E Land Rights Costs
Inspection Fees
Value of 20C Trench & Excavation
Value of 20C Conduits & Substructures
Rule 20C Trench Permits Obtained by PG&E
less Salvage & Depreciation for Overhead Facilities

SUB TOTAL
Including Net Joint Pole Credit Value of
plus ITCC @ 24%
plus Cost to Remove Overhead Line by PG&E
Value of 20C Trench, Excavation & Conduit for Others (no ITCC)

SUB TOTAL
less 20C Underground System Installed by Applicant
less 20C Trench & Excavation Provided by Applicant
less 20C Conduits & Substructures Installed by Applicant less Value of Applicant Design Work
Electric Rule 20C Cash Payment

(+)
$0.00
$0.00
" Automated document, Preliminary Statement, Part A
Council Agenda 9-3-2024 9.E-15
Packet Page 55
$25,196.11
$0.00
$6,651.22
$22,649.99
$0.00
$1,170.05
$23,392.56
$3 361.72
$0.00
$0.00
$82,421.65
$19 781.19
$1 173.94
$0.00
$103 376.78
$0.00
$23 392.56
$3 361.72
$0.00
$76,622.50
62-4527 (Rev 1/91)
Service Planning
Advice No. 1633-G/1342-E
Effective 4/02/91

Attachment 1.B

4. Applicant shall pay to PG&E, promptly upon demand by PG&E, as the complete contract price hereunder, the sum of Seventy-six thousand six hundred twenty-two dollars and fifty-one cents $76,622.50 Upon completion of requested work, ownership shall vest in: V PG&E By:

Signed by:
7 Applicant
Executed this 26 day of August 2024
City of Pismo Beach. A

GOVERNMENT AGENCY
Applicant
JarIIt, f . Garcia
-9C5D490D964F42D...

Jorge Garcia
Print/Type/Name
By:

PACIFIC GAS & ELECTRIC COMPANY
Kari Gaither
City Manager
Title: REPRESENTATIVE Title: Service Planning Supervisor Mailing Address: 760 Mattie Road
PISMO BEACH, CA 93449

" Automated document, Preliminary Statement, Part A
Council Agenda 9-3-2024 9.E-16
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62-4527 (Rev 1/91)
Service Planning
Advice No. 1633-G/1342-E
Effective 4/02/91

Nit' ill

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.F
Meeting Date: September 3, 2024
TITLE:

Revisions to the City Investment Policy
RECOMMENDATION:

Approve the revised City of Pismo Beach Investment Policy.

BACKGROUND:

The primary purpose of this agenda item is to present revisions to the City of Pismo Beach Investment Policy for City Council review and approval. California Government Code Section 53646(a)(2) provides that "In the case of any other local agency [other than county government], the treasurer or chief fiscal officer of the local agency may annually render to the legislative body of that local agency and any oversight committee of that local agency a statement of investment policy, which the legislative body of the local agency shall consider at a public meeting. Any change in the policy shall also be considered by the legislative body of the local agency at a public meeting." The City's Investment Policy was last approved on January 16, 2024.

In order to take advantage of available investment opportunities, the Administrative Services Director/City Treasurer recommends three changes to the existing Investment Policy at this time. These changes include modifications to the Section 8.0 Authorized and Suitable Investments:
• Editing "Shares of Beneficial Interest (i.e., Money market mutual funds)", to instead read "Money market mutual funds," which will clarify that the City shall invest specifically in money market mutual funds, not in the broader mutual fund category. • In conjunction with the modification described above, the maximum allocation of "10% in any one mutual fund" has been deleted as well since this category has been updated to allow investment specifically in money market mutual funds, not the broader mutual fund category.
• Adding the California Asset Management Program (CAMP) as one of the permitted investments up to a maximum of 100%. CAMP is a joint powers authority, which is a permitted investment type for all public agencies in California, as described in California Government Code 53601(p). CAMP provides a fully liquid, stable net asset value investment option that stresses daily liquidity and safety of principal as the two primary objectives, as underscored by its AAAm' rating from Standard & Poor's. This rating indicates extremely strong capacity to maintain principal stability 1 Standard & Poor's fund ratings are based on analysis of credit quality, market price exposure, and management. According to Standard & Poor's rating criteria, the AAAm rating signifies excellent safety of invested principal and a superior capacity to maintain a $1.00 per share net asset value. However, it should be understood that the rating is not a "market" rating nor a recommendation to buy, hold or sell the securities. For a full description on rating methodology, visit Standard & Poor's website.

Council Agenda 9-3-2024 9.F-1
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and to limit exposure to principal losses due to credit risk. Earning a competitive yield is a third goal after safety and liquidity.

The recommend changes comply with the California Government Code and best practices.

Conclusion and Recommendation
Staff recommends that Council approve the revised City of Pismo Beach Investment Policy (Attachment 1).

FISCAL IMPACT:

As the proposed Investment Policy modifies the permitted investments, approving the Investment Policy could improve the City's interest earnings, assuming stable market conditions, for a favorable financial impact. The Policy promotes the City's objectives to safeguard the principal, remain liquid, and strive for maximum investment returns. The amount invested in various investment securities is dependent on the cash flow needs of the City and the market dictates the earnings on the majority of the City's portfolio.

ATTACHMENTS:

1. 2024 Revised City of Pismo Beach Investment Policy
Submitted by: Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

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Attachment 1
4)0o se
City of Pismo Beach Investment Policy

1.0 Policy
The City of Pismo Beach ("City") shall invest public funds in such a manner as to comply with state and local laws; ensure prudent money management; provide for daily cash flow requirements; and meet the objectives of the Policy, in priority order of Safety, Liquidity, and Return on investment.

California Government Code Section 53646 (a)(2) states that the City Treasurer may annually submit an investment policy to the City Council for consideration at a public meeting. This investment policy conforms to all pertinent existing laws of the State of California, including California Government Code Sections 53600 et seq.

2.0 Scope
This investment policy applies to all financial assets and investment activities of the City.

Investments for the City will be made on all funds identified in the Comprehensive Annual Financial Report (CAFR) on a pooled basis, including the General Fund, Special Revenue Funds, Capital Project Funds, Debt Service Funds, Enterprise Funds, Internal Service Funds, Fiduciary Funds, and any funds subsequently created.

This investment policy does not apply to Bond Proceeds, Deferred Compensation Funds, Retirement or Retiree Health Care savings/trusts/plans. California Government Code Section 5922(d) authorizes proceeds of bonds to be invested in accordance with related offering documentation. These Code Sections recognize the unique needs and objectives of such proceeds. Likewise, Deferred Compensation Plans are covered under California Government Code.

3.0 Prudence
The City Treasurer is authorized to make investment decisions on behalf of the City investing public funds subject to the prudent investment standard. The Prudent Investor Standard (California Government Code Section 53600.3) states, that "when investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the [City], that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the [City]". The standard of prudence to be used by investment officials shall be applied in the context of managing an overall portfolio.
1 City of Pismo Beach Investment Policy September 3, 2024 Council Agenda 9-3-2024 9.F-3
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Attachment 1
j)lio Be
City of Pismo Beach Investment Policy

4.0 Objectives
The primary objectives, in priority order, of the City's investment activities (per CA Govt Code Section 53600.5) shall be:

4.1.Safety: Safety of principal is the foremost objective of the investment program.

Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City will diversify its investments by investing funds among a variety of securities with independent returns.

4.2. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated.

4.3. Return on Investments: The City's investment portfolio shall have the objective of attaining a comparative performance measurement or an acceptable rate of return throughout budgetary and economic cycles. These measurements should be commensurate with the City's investment risk constraints identified in the Investment Policy and the cash flow characteristics of the portfolio.

5.0 Delegation of Authority
California Government Code Section 53601 states that the legislative body of a local agency (i.e., the City Council) is authorized to invest surplus moneys as specified in that code section. In accordance with California Government Code Section 53607, this authority may be delegated to the City Treasurer for a one- year period by the City Council. Subject to review, the City Council may renew the delegation of authority under this code section each year.

The Pismo Beach City Council delegates its authority to invest or reinvest City funds to the City Treasurer, who is also the Administrative Services Director. The City Treasurer will be responsible for all investment transactions and shall establish a system of controls to regulate the activities of City officials involved in any aspect of the investment program.

In the case of the City Treasurer's absence, the City Council delegates investment authority in the following order to (1) Finance Manager and (2) City Manager.

Duties and Responsibilities

5.1. City Treasurer (Administrative Services Director): Charged with responsibility for all public funds and securities belonging to or under the control of the City, and for the deposit and investment of those funds in accordance with the principles of sound treasury management and in accordance with the applicable laws, ordinances, and policies adopted by the City.
2 City of Pismo Beach Investment Policy
September 3, 2024
Council Agenda 9-3-2024 9.F-4
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Attachment 1
( !. Y OF
•iuiii011111111
j)lio Be
City of Pismo Beach Investment Policy

5.2. Administrative Services Department Staff: Charged with recording investment activity in the accounting records and with verifying the Treasurer's records with broker confirmations, bank statements, and safekeeping records.

5.3. Finance Manager: Charged with responsibility (in the absence of the Treasurer) for all public funds and securities belonging to or under the control of the City and for their deposit. Duties related to investment activities shall be performed by staff other than those responsible for the accounting of those investments.

5.4. City Council: May delegate to the City Treasurer for a one-year period the authority to invest the City's funds. Subject to review, the City Council may renew the delegation of this authority each year. The City Council may also annually consider and approve a written Statement of Investment Policy at a public meeting. Any change to the Investment Policy at any time shall also be considered by the City Council at a public meeting.

6.0 Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officers shall disclose any material financial interest in financial institutions that conduct business with this City, and they shall further disclose any large personal financial / investment positions that could be related to the performance of the City's portfolio.

7.0 Authorized Financial Dealers and Institutions

7.1. The Treasurer will maintain a list of approved financial institutions authorized to provide investment services to the City in the State of California. A competitive bid process, when practical, will be used to place all investment purchases, other than those that are classified as "new issue" securities. On an annual basis, the Treasurer shall recommend a list of at least two broker/dealers who are authorized to provide investment services. The list shall be approved by the City Council. All broker/dealers who wish to be considered for the list must meet the following minimum requirements:
3 7.1.a Must be a "primary" or regional dealer that qualifies under the Securities and Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule)

7.1.b Must be experienced in public agency investing and investment products and familiar with the California Government Code as related to investments for local governmental agencies

7.1.c Must have been in business for at least three years

7.1.d Must supply the Treasurer with the following:
• current audited financial statements,
City of Pismo Beach Investment Policy September 3, 2024 Council Agenda 9-3-2024 9.F-5
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Attachment 1
City of Pismo Beach Investment Policy
• proof of Financial Industry Regulatory Authority (FINRA) certification,
• trading resolution,
• depository contracts,
• proof of State of California registration,
• completed broker/dealer questionnaire, and
• certification of having read the City's investment policy.

7.1.e The Treasurer shall consider the creditworthiness of institutions.

7.2. If a third party investment advisor is authorized to conduct investment transactions on the City's behalf, the investment advisor may use their own list of approved broker/dealers and financial institutions. The investment advisor's approved list must be made available to the City upon request.

7.3. No public deposit shall be made except in a qualified public depository as established by the established state laws.

7.4. An annual review of the financial condition and registrations of qualified bidders will be conducted by the Treasurer. A current audited financial statement is required to be on file for each financial institution and broker/dealer in which the City invests.
4 City of Pismo Beach Investment Policy
September 3, 2024
Council Agenda 9-3-2024 9.F-6
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Attachment 1
( !. Y OF
011111111
4)110 Be
City of Pismo Beach Investment Policy

8.0 Authorized and Suitable Investments
California Government Code Section 53601, 53601.6, 53601.8, 53635, 53635.2, 53638 and 53684 include a number of requirements on how and where public money may be invested. The City is empowered by statute to invest in the following types of securities:

Permitted Investments
City Dollar Limit,
Maximum Percentage of
Portfolio Limit
Maturity
Limit
Local Agency Investment Fund (LAIF)
$50 million, 100%
None
Agency Issues (Government
Sponsored Enterprise, or GSE,
instruments
50%
5 years
Negotiable Certificates of Deposits
30%
5 years
Public Funds Checking or Savings
Account
100%
None
Money market mutual funds
20%
None
The California Asset Management Program
(CAMP)
100%
None
U.S. Treasury Issues
100%
5 years
State of California Issues
30%
5 years
Issues of Entities outside of California
30%
5 years
Issues of Other California entities
30%
5 years
City of Pismo Beach Bonds
100%
5 years
Corporate Bonds
30%, minimum rating by at
least one of the following, and a
maximum of 10% per issuer:

S&P A, Moody's A2, Fitch A
5 years
Commercial Paper
25% or portfolio; 10%
per issuer; Rating of
'A1/P1' or higher from
S&P and Moody's
270
days
Any State of California legislative action that further restricts allowable maturities, investment types or percentage allocations will be incorporated into the City's Policy and supersedes any and all previous applicable language. If the City is holding an investment that is subsequently prohibited by a legislative change, the City may hold that investment, if it is deemed prudent by the Investment Officer, until the maturity date to avoid an unnecessary loss.

9.0 Review of Investment Portfolio
The securities held by the City must be in compliance with Section 8.0 Authorized and Suitable Investments at the time of purchase. Because some securities may not comply 5 City of Pismo Beach Investment Policy September 3, 2024 Council Agenda 9-3-2024 9.F-7
Packet Page 63

Attachment 1
ss)tioBEai City of Pismo Beach Investment Policy
with Section 8.0 Authorized and Suitable Investments subsequent to the date of purchase, the Treasurer shall at least quarterly review the portfolio to identify those securities that do not comply. The Treasurer shall establish procedures to report to the City Council, major and critical incidences of noncompliance identified through the review of the portfolio.

10.0 Investment Pools/ Mutual Funds
A thorough investigation of the pool/fund is required prior to investing, and on a continual basis. There shall be a questionnaire developed which will answer the following general questions:

10.1. A description of eligible investment securities, and a written statement of investment policy and objectives.

10.2. A description of interest calculations and how it is distributed, and how gains and losses are treated.

10.3. A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited.

10.4. A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.

10.5. A schedule for receiving statements and portfolio listings

10.6. A description of how the pool/fund maintain reserves, retained earnings, etc. or is all income after expenses distributed to participants

10.7. A fee schedule that discloses when and how fees are assessed.

10.8. The eligibility of the pool/fund to invest in bond proceeds and a description of its practices.

11.0 Collateralization
Collateralization is required on certificates of deposits and sweep checking accounts. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be (110%) of market value of principal and accrued interest.

The City chooses to limit collateral to the following: certificates of deposits, sweep checking accounts, and agency issues. Collateral will always be held by an independent third party with whom the entity has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the entity and retained.

The Treasurer, at her discretion, may waive the collateral requirements for certificates of deposits up to $250,000 which are fully insured by the Federal Deposit Insurance Corporation.

12.0 Safekeeping and Custody
All securities will be received and delivered on a delivery versus payment (DVP) basis.

Securities will be held by a third party custodian/safekeeping account designated by the Treasurer and evidenced by safekeeping receipts. Said securities shall be held in a manner that establishes the government entity's right of ownership. The only exception to the City of Pismo Beach Investment Policy September 3, 2024 Council Agenda 9-3-2024 9.F-8
Packet Page 64

Attachment 1
4)00BEa�i City of Pismo Beach Investment Policy
foregoing shall be depository accounts and securities purchases made with: LAIF, time certificates of deposit and money market mutual funds held directly with issuing institution, since the purchased securities are not deliverable.

13.0 Diversification
The City recognizes that investment risks can result from issuer defaults, market price changes, or various technical complications leading to temporary illiquidity. To minimize the City's exposure to these types of risk, the portfolio should be diversified among several types of institutions, instruments, and maturities. The Treasurer shall minimize default risk by prudently selecting only instruments and institutions, which at the time of placement have been evaluated for their financial viability and compliance with this policy.

No individual investment transaction shall be undertaken that jeopardizes the total capital position of the overall portfolio. Risk shall also be managed by subscribing to a portfolio management philosophy that helps to control market and interest rate risk by matching investments with cash flow requirements. See section 9.0 Authorized and Suitable Investments, which lists the City's maximum percentage limits and promotes a diverse portfolio.

14.0 Maximum Maturities
To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Matching maturities with cash flow dates will reduce the need to sell securities prior to maturity, thus reducing market risk. Unless matched to a specific cash flow and approved by City Council, the City will not directly invest in securities maturing more than 5 years from the date of purchase.

15.0 Internal Controls
The Treasurer shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures.
• Proper documentation obtained from confirmation and cash disbursement wire transfers is required for each investment transaction.
• Timely bank reconciliation is conducted to ensure proper handling of all transactions. • The investment portfolio and all related transactions are reviewed and balanced to appropriate general ledger accounts by the Administrative Services Department on a monthly and quarterly basis.

16.0 Performance Standards
The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with investment risk constraints and cash flow needs.

City of Pismo Beach Investment Policy September 3, 2024 Council Agenda 9-3-2024 9.F-9
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Attachment 1
'5)11oBEai City of Pismo Beach Investment Policy
The City's basic investment strategy is to buy and hold investments until maturity However, the Treasurer may sell a security due to adverse changes in credit risk or due to unexpected cash flow needs.

The Market Yield benchmark used by the Treasurer is to determine whether market yields are being achieved and shall be the rate of return from the following indices: Local Agency Investment Fund (LAIF) and 6-month and 1-year Treasury Bills.

17.0 Investment Reporting
In accordance with California Government Code Section 53607, the Treasurer shall file a monthly investment report with the City Clerk who will place the report on the agenda of the next regular City Council meeting. The Treasurer shall review and render monthly and quarterly investment portfolio reports to the City Manager and City Council. • The monthly report shall include an accounting of all receipts, disbursements, and fund balances.
• The quarterly reports shall include the book and market value of the cash investment, the classification of the investment, the name of the institution or entity, the rate of interest, and the maturity dates for all securities. • The quarterly report will include a statement of compliance of the portfolio with the investment policy or an explanation as to why the portfolio is not in compliance per Government Code 53646(b)(2).
• The quarterly report will include a statement on availability of funds to meet its obligations within the next six months per Government Code 53646(b)(3).

18.0 Investment Policy Adoption
The City's Investment Policy shall be adopted by resolution annually by the City Council.

The policy shall be reviewed annually by the City Council and any modifications made thereto must be approved by the City Council.

19.0 Glossary
AGENCIES: Federal agency securities and/or Government -sponsored enterprises. ASK PRICE: The price at which securities are offered.

BEAR MARKET: A period of generally pessimistic attitudes and declining market prices.

BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio's investments.

BID PRICE: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer.

City of Pismo Beach Investment Policy September 3, 2024 Council Agenda 9-3-2024 9.F-10
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Attachment 1
City of Pismo Beach Investment Policy
BOND: An interest -bearing security issued by a corporation, quasi -governmental agency or other body, which can be executed through a bank or trust company. A bond is a form of debt with an interest rate, maturity, and face value, and is usually secured by specific assets. Most bonds have a maturity of greater than one year, and generally pay interest semi-annually.

BOND RATING: The classification of a bond's investment quality.

BOOK VALUE: The amount at which a security is carried on the books of the holder or issuer. The book value is often the cost, plus or minus amortization, and may differ significantly from the market value.

BROKER: A broker brings buyers and sellers together for a commission.

BULL MARKET: A period of generally optimistic attitudes and increasing market prices.

CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a Certificate.

Large -denomination CD's are typically negotiable.

COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

COMMERCIAL PAPER: Short-term obligations with maturities ranging from 2 to 270 days issued by banks, corporations, and other borrowers to investors with temporarily idle cash. Such instruments are unsecured and usually discounted, although some are interest -bearing.

COMMISSION: The broker's or agent's fee for purchasing or selling securities for a client.

COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official financial annual report of the City. It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section.

COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date.

DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.

DEBENTURE: A bond secured only by the general credit of the issuer.

DEFAULT RISK: This is the risk that a company or individual will be unable to make the required payments on their obligation. Standard measurement tools to gauge default risk include credit 7—
City of Pismo Beach Investment Policy September 3, 2024 Council Agenda 9-3-2024 9.F-11
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Attachment 1
nrniaintNO
s'itfoBECity of Pismo Beach Investment Policy
ratings by Nationally Recognized Statistical Rating Organizations (NRSROs).

DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities.

DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount.

FEDERAL RESERVE SYSTEM: The central bank of the United States which consists of a seven member Board of Governors, 12 regional banks and approximately 5,700 commercial banks that are members.

DISCOUNT SECURITIES: Non -interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value (e.g., U.S. Treasury Bills).

DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns.

DURATION: A measure of the sensitivity of the price (the value of principal) of a fixed- income investment to a change in interest rates. Duration is expressed as a number of years. Rising interest rates mean falling bond prices, while declining interest rates mean rising bond prices.

FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters.

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per entity.

FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open -market operations.

FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.

FISCAL YEAR: An accounting or tax period comprising any twelve month period. The City's fiscal year begins on July 1.
10 City of Pismo Beach Investment Policy September 3, 2024 Council Agenda 9-3-2024 9.F-12
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Attachment 1
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A�sitfo o� City of Pismo Beach Investment Policy
FULL FAITH AND CREDIT: The unconditional guarantee of the United States government backing a debt for repayment.

INTEREST RATE: The interest payable each year on borrowed funds, expressed as a percentage of the principal.

INVESTMENT: Use of capital to create more money, either through income -producing vehicles or through more risk -oriented ventures designed to result in capital gains.

INVESTMENT PORTFOLIO: A collection of securities held by a bank, individual, institution, or government agency for investment purposes.

LAIF: trade name for the California State Local Agency Investment Fund. Chapter 730, Statutes of 1976 of the State of California, established the LAIF. The LAIF enables local governmental agencies to remit money not required for immediate needs to the State Treasurer for the purpose of investment. In order to derive the maximum rate of return possible, the State Treasurer has elected in invest these monies with State monies as a part of the Pooled Money Investment Account. Each local governmental unit has the exclusive determination of the length of time its money will be on deposit with the State Treasurer. At the end of each calendar quarter, all earnings derived from investments are distributed by the State respective amounts deposited in the LAIF and the length of time such amounts remained therein. Prior to the distribution, the State's cost of administering the program are deducted from the earnings. The California Government Code states that monies placed for deposit in LAIF are in trust in the custody of the State Treasurer and cannot be borrowed or be withheld from the City. Further, the right of the City to withdraw its deposited money from the LAIF upon demand may not be altered, impaired, or denied in any way by any State official or agency based upon the State's failure to adopt a budget by July 1 of each new fiscal year.

LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.

MARKET RISK: This is the risk that the value of a security will raise or decline as a result of changes in market conditions.

MARKET VALUE: the price at which a security is currently being sold in the market. MATURITY:
the date that the principal or stated value of debt instrument becomes due and payable.

MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded.
11 City of Pismo Beach Investment Policy September 3, 2024 Council Agenda 9-3-2024 9.F-13
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MUTUAL FUND: An investment company that pools money and can invest in a variety of securities, including fixed -income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940 and must abide by Securities and Exchange Commission (SEC) disclosure guidelines.

NEGOTIABLE CERTIFICATES OF DEPOSIT: Fixed deposit certificate that may be negotiated (traded) to a third party. The institution issuing the certificate promises to pay face value plus accrued interest at maturity or semi-annually if maturity is over one year.

NRSRO: This acronym stands for Nationally Recognized Statistical Rating Organization, which is a credit rating agency that issues credit ratings that the U.S. Securities and Exchange Commission (SEC) permits other financial firms to use for certain regulatory purposes. NRSROs include Standard & Poor's, Moody's, and Fitch ratings.

OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid.

OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool.

PORTFOLIO: The collection of securities held by an individual or institution. The combined holding of more than one stock, bond, commodity, real estate investment, cash equivalent, or other asset. The purpose of a portfolio is to reduce risk by diversification.

PRINCIPAL: The face or par value of an instrument.

PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) -registered securities broker -dealers, banks, and a few unregulated firms.

QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits.

RATE OF RETURN: 1) The yield which can be attained on a security based on its purchase price or 12 City of Pismo Beach Investment Policy September 3, 2024 Council Agenda 9-3-2024 9.F-14
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City of Pismo Beach Investment Policy
its current market price. 2) Income earned on an investment, expressed as a percentage of the cost of the investment.

RATING: The designation used by investors' services to rate the quality of a security's creditworthiness. Moody's ratings range from the highest Aaa, down through Aa, A, Bbb, Ba, B, etc. while Standard and Poor's rating range from the highest AAA, down through AA, A, BBB, BB, B, etc.

REFINANCING: Rolling over the principal on securities that have reached maturity or replacing them with the sale of new issues. The object may be to save interest costs or to extend the maturity of the loan.

SAFEKEEPING: A service offered to customers for a fee, where securities are held in the vaults for protection.

SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution.

SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation.

SEC RULE 15(C)3-1: See Uniform Net Capital Rule.

SECURITIES: investment instruments such as bonds, stocks and other instruments of indebtedness or equity.

SPREAD: The difference between two figures or percentages. For example, it may be the difference between the bid and asked prices of a quote, or between the amount paid when bought and the amount received when sold.

TREASURY BILLS (T-BILL): U.S. Treasury Bills are short-term, direct obligations of the U.S.

Government issued with original maturities of 13 weeks, 26 weeks and 52 weeks; sold in minimum amounts of $10,000 in multiples of $5,000 above the minimum. Treasury Bills are issued in book entry form only and are sold on a discount basis.

TRUSTEE: A bank designated as the custodian of funds and the official representative for bondholders.

UNDERWRITER: A dealer bank or financial institution which arranges for the sale and distribution of a large batch of securities and assumes the responsibility for paying the net purchase price. 13 City of Pismo Beach Investment Policy September 3, 2024 Council Agenda 9-3-2024 9.F-15
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City of Pismo Beach Investment Policy
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker -dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.

Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.

U.S. GOVERNMENT AGENCIES: Instruments issued by various U.S. government agencies most of which are secured only by the credit worthiness of the particular agency.

YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. 14 City of Pismo Beach Investment Policy September 3, 2024 Council Agenda 9-3-2024 9.F-16
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City of Pismo Beach Investment Policy

LIST OF APPROVED BROKER/DEALERS
Multi -Bank Securities, Inc.

Attn: Peter Yanez Account
Executive
2400 E. Commercial, Suite 812
Ft. Lauderdale, FL 33308
855-928-0111/800-967-9045
[email protected]
Mutual Securities, Inc.

Attn: Rene Molina
General Securities Principal
300112 Ivy Glenn Drive, Suite 145
Laguna Niguel, CA 92677
866-899-5544
[email protected]

LIST OF APPROVED CUSTODIANS FOR SAFEKEEPING OF SECURITIES US Bank
Attn: April Beauchamp
Relationship Manager
1 California Street, Suite 1000
San Francisco, CA 94111
415.774.2268
[email protected]
15 City of Pismo Beach Investment Policy September 3, 2024 Council Agenda 9-3-2024 9.F-17
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
Meeting Date: September 3, 2024
TITLE:

Introduction (First Reading) of an Ordinance Amending Municipal Code Section

10.12.030 Relating to Weight Limits for Commercial Vehicles on City Streets RECOMMENDATION:

Introduce an Ordinance amending Section 10.12.030 relating to weight limits for commercial vehicles on City streets.

DISCUSSION:

Section 10.12.030 of the Pismo Beach Municipal Code currently governs the weight limits of commercial vehicles on city streets. Maintaining appropriate weight restrictions for commercial vehicles is important to protect the investment the City has made in its streets, as well as ensuring compliance with state laws. California Vehicle Code Sections 35701 et seq. allow cities to place limitations on commercial vehicle weights with certain limited exceptions.

Section 10.12.030 currently does not contain references to the types of commercial vehicles that are exempt from the City's weight restrictions. The proposed ordinance amendment cures that issue by making explicit reference to the types of commercial vehicles listed in the Vehicle Code that are permitted to use City streets notwithstanding the weight of the vehicle. For example, under the Vehicle Code, vehicles operated by public utilities such as PG&E are authorized to use City streets when necessary to construct, install or repair public utilities. The proposed ordinance includes this provision.

In addition, the Vehicle Code allows pickups and deliveries of goods by overweight commercial vehicles to buildings or structures located on the restricted streets. Section

10.12.030 currently allows for such deliveries, but the code section is ambiguous as to whether the restrictions applies to properties outside the City limits over which the City has no jurisdiction when access can be made through a property within the City limits.

The proposed ordinance makes it clear that for the Vehicle Code exemption to apply, the delivery must be made to a property within the City limits, or to a property for which the City has issued a building permit. Under the proposed ordinance, overweight commercial vehicles will not be permitted to use City streets to make deliveries to properties outside the City limits, or to deliver building materials to properties for which the City does not have building permitting authority. Operators of vehicles found in violation of the proposed ordinance would be subject to citation.

Alternatives
The Council could elect to not introduce the ordinance, in which case staff would continue to enforce Section 10.12.030 as it is currently worded. This option is not recommended, as the current ordinance does not provide for certain statutory exemptions as required by the Vehicle Code.

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Conclusion and Recommendation
Staff recommends that the Council introduce an ordinance (Attachment 1) amending Section 10.12.030 of the Pismo Beach Municipal Code regulating weight limits for commercial vehicles on City streets. If the Council acts to introduce the ordinance as recommended, it will be returned for adoption at the next available meeting and will become effective by statute 30 days thereafter.

FISCAL IMPACT:

There is no fiscal impact associated with introduction of the proposed ordinance. The fiscal impact of implementing the proposed ordinance, if adopted, is expected to be minimal. Enforcement costs will depend on the number and frequency of violations of the ordinance but are expected to be within budgeted code enforcement resources.

ATTACHMENTS:

1. Ordinance
Submitted by:

Dave Fleishman, City Attorney
City Manager Approval:

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Attachment 1
ORDINANCE NO. 0-2024-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING SECTION 10.12.030 OF THE CITY OF PISMO BEACH

MUNICIPAL CODE, RELATING TO WEIGHT LIMITS FOR COMMERCIAL VEHICLES

ON CITY STREETS
WHEREAS, Vehicle Code Sections 35701 et seq. authorize the legislative body of any city to adopt ordinances limiting the use of city streets by commercial vehicles in excess of specified maximum gross vehicle weights; and
WHEREAS, the Vehicle Code provides statutory exemptions from such city ordinances for specific types of commercial vehicles; and
WHEREAS, commercial vehicles in excess of eight thousand pounds have a direct and ongoing adverse impact to the quality, longevity and safety of City streets.

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

SECTION 1.

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

SECTION 2.

Section 10.12.030 of the Pismo Beach Municipal Code is hereby revised to read as follows:

10.12.030 Eight thousand pound limit.

On all other streets in the city, other than those listed in Sections 10.12.010 and 10.12.020, no trucks or commercial vehicles and no vehicles of any type where the total gross loaded weight on such vehicle exceeds eight thousand (8,000) pounds shall be allowed thereon; provided however, that trucks or commercial vehicles having less than a total gross loaded weight of eight thousand (8,000) pounds shall be permitted thereon when necessary for the purpose of making pickups or deliveries of goods, wares, merchandise from or to any building or structure located on one of such restricted streets within the city limits; provided further that neither the limitation as to type of vehicle or as to weight limitation shall apply to a vehicle necessarily being on one of such restricted streets for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon such a restricted street within the city limits for which a building permit has previously been obtained from the city. Deliveries shall be demonstrated by a bill of lading or other documentation acceptable to the chief of police, director of public works, or their Council Agenda 9-3-2024 12.A-3
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respective designees. The provisions of this section shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission, to any vehicle owned by a public utility while necessarily in use in the construction, installation, or repair of any utility, or to emergency vehicles.

SECTION 3.

Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.

SECTION 4.

This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.

SECTION 5.

This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.

SECTION 6.

The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.

Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.

INTRODUCED at a regular meeting of the City Council held this 3rd day of September, 2024, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:

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Attachment 1

STATE OF CALIFORNIA

COUNTY OF SAN LUIS OBISPO
AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved:

Attest:

Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2024, on motion of Council Member , seconded by Council Member , and on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:

David M. Fleishman, City Attorney

CERTIFICATION OF ORDINANCE POSTING
Government Code §40806
}
} ss.
}
I, Erica Inderlied, the City Clerk of the City of Pismo Beach, California, hereby certify in accordance with California Government Code Section 40806 that the foregoing document is a true and correct copy of Ordinance No. 0-2024-XXX, titled AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING Council Agenda 9-3-2024 12.A-5
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Attachment 1
SECTION 10.12.030 OF THE CITY OF PISMO BEACH MUNICIPAL CODE, RELATING TO WEIGHT LIMITS FOR COMMERCIAL VEHICLES ON CITY STREETS, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days of adoption thereof, pursuant to the requirements of California Government Code Section 36933.

Dated this th day of , 2024. Witness my hand and official seal.

Erica Inderlied, City Clerk
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.B
Meeting Date: September 3, 2024
SUBJECT/TITLE:

Support Position for Proposition 36
RECOMMENDATION:

Adopt a Resolution in support of Proposition 36: the Homelessness, Drug Addiction, and Theft Reduction Act.

BACKGROUND
In November 2014, California voters approved Proposition 47, which reclassified certain non-violent felonies as misdemeanors. While the intent of Proposition 47 was to reduce the state's prison population and promote rehabilitation, it has led to unintended consequences, particularly in terms of repeat offenders and crimes involving narcotics.

Proposition 36, a newly proposed initiative, seeks to address these issues by ensuring accountability for repeat offenders and those committing drug -related crimes while still maintaining a focus on rehabilitation and diversion programs. Proposition 36 would provide a balanced approach to public safety, justice, and rehabilitation. Proposition 36 also received a support position by the League of California Cities.

Proposition 47, also known as the Safe Neighborhoods and Schools Act, was passed by California voters in 2014. The proposition reclassified certain non-violent felonies, such as drug possession and theft under $950, as misdemeanors. The intent behind Proposition 47 was to reduce the state's prison population, save taxpayer dollars, and allocate savings to mental health services, drug treatment, and crime prevention programs.

While the goals of Proposition 47 were well -intended, several negative impacts have arisen since its implementation. Law enforcement agencies across the state have reported an increase in repeat offenders, as the reduced penalties have diminished the deterrent effect of the law. Additionally, crimes involving narcotics have surged, and there is a growing concern that the reclassification of drug -related offenses has led to a lack of accountability for those repeatedly engaging in illegal drug activities.

A particularly troubling consequence of Proposition 47 has been the significant rise in retail thefts. By raising the threshold for felony theft to $950, the proposition inadvertently encouraged a surge in petty theft and shoplifting incidents, as offenders have recognized that the consequences for such crimes have been substantially reduced. This has placed a strain on local businesses, law enforcement, and the community as a whole, as retail thefts have become more frequent and brazen.

Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, aims to refine the approach established by Proposition 47 by addressing the gaps that have emerged. The proposed initiative focuses on:

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1. Accountability for Repeat Offenders: Proposition 36 will impose stricter penalties on individuals who repeatedly commit crimes, particularly those involving narcotics, while maintaining the reclassification of first-time, non-violent offenses as misdemeanors.

2. Narcotics -Related Crimes: The proposition seeks to ensure that crimes involving the use or sale of narcotics are met with appropriate consequences to deter further criminal behavior, particularly for repeat offenders, while also addressing the growing fentanyl crisis by providing stricter penalties and mandatory treatment options for those involved with this deadly substance.

3. Retail Thefts: Proposition 36 addresses the increase in retail thefts by lowering the felony threshold for theft offenses, ensuring that individuals who repeatedly engage in shoplifting or other forms of retail theft face more serious consequences.

This measure is intended to restore a sense of security to businesses and the community.

4. Rehabilitation and Diversion Programs: Proposition 36 is not advocating for a return to mass incarceration but rather emphasizes the importance of diversion programs for individuals convicted of drug -related crimes. These programs will focus on treatment and rehabilitation, offering offenders a chance to break the cycle of addiction and crime.

The overall intent of Proposition 36 is to strike a balance between public safety, accountability, and rehabilitation. By ensuring that repeat offenders and those engaged in drug -related, or retail theft crimes face appropriate consequences, the proposition aims to reduce recidivism and enhance community safety. At the same time, by promoting diversion and rehabilitation programs, Proposition 36 offers a pathway for individuals to receive the help they need to overcome addiction and reintegrate into society as productive members.

Pismo Beach's proximity to Highway 101 makes it a target to some of the types of crimes that are specifically addressed by Proposition 36, namely retail theft at the outlet mall and other retail establishments, as well as transient populations with various repeat offenders.

By and large, the negative impacts to the community are not from the local residential population, but rather those from other parts of the state that happen to be in the area between San Francisco, Los Angeles, and parts of the central valley.

Conclusion and Recommendation
The City's adopted state legislative platform does not provide a position on the types of issues within the scope of Proposition 36, therefore, in accordance with the City's Legislative Action Policy, taking a support position on this legislation requires separate action of the City Council. Staff recommends that the Council adopt a resolution (Attachment 1) taking a legislative support position on the bill.

FISCAL IMPACT:

There is no direct fiscal impact from staff's recommended action.

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ATTACHMENTS:

1. Resolution

2. Overview of California Proposition 36
Submitted by: Jeff Smith, Police Chief
City Manager Approval:

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Attachment 1
RESOLUTION NO. R-2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG

ADDICTION, AND THEFT REDUCTION ACT
WHEREAS, while Proposition 47 achieved notable success in making California's criminal justice system more equitable, Proposition 47 has also led to unintended consequences over the past decade; and
WHEREAS, unintended consequences of Proposition 47 include repeat and often organized retail theft, inner-city store closings, and difficulty convincing people to seek drug and mental health treatment; and
WHEREAS, these unintended consequences can be corrected by the voters at the ballot box with modest amendments to Proposition 47; and
WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bi-partisan measure that provides common sense, targeted reforms to Proposition 47 that legislative proposals alone are unable to deliver; and WHEREAS, rampant retail theft is harming businesses and residents in California by reducing the deterrent effect of law enforcement measures; and WHEREAS, this measure will hold repeat offenders accountable for the safety of the community, rather than putting them back on the streets; and WHEREAS, the fentanyl crisis has reached alarming levels, and is now responsible for 20 percent of youth deaths in California; and
WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers; and WHEREAS, breaking the cycle of repeat offenders means addressing the many root causes of retail theft; and
WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, provides critical mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse; and
WHEREAS, the City's adopted state legislative platform does not provide an existing position on the issues that are within the scope of Proposition 36.

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Attachment 1
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby takes a legislative support position for Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act and the benefit that it provides for the community's safety.

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 3rd day of September 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
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2 3 — ° ° 1 Atticlhment 2

THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT SECTION 1. Title
This Act shall be known as The Homelessness, Drug Addiction, and Theft Reduction Act.

SECTION 2. Purposes and Intent
This measure will reform laws that have dramatically increased homelessness, drug addiction, and theft throughout California.

This measure will:

A. Provide drug and mental health treatment for people who are addicted to hard drugs such as fentanyl, cocaine, heroin, and methamphetamine.

B. Add fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm.

C. Add fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs.

D. Permit judges to use their discretion to sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed with a firearm while engaging in drug trafficking.

E. Warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

F. Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user.

G. Increase penalties for people who repeatedly engage in theft.

H. Add new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage, or that are committed by multiple thieves working together.
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Attachment 2
SECTION 3. Findings and Declarations
The People of the State of California find and declare as follows:

A. Reducing Homelessness Through Drug and Mental Health Treatment

1. California has reached a tipping point in its homelessness, drug, mental health, and theft crises. Our state has the highest rate of homelessness per capita of any state in the country. And drug overdoses now kill two to three times the number of people in California as car accidents.

2. Since the passage of Proposition 47 in 2014, homelessness in California has increased by 51%, while during the same time period in the rest of the country, it has declined by 11%. Proposition 47 reduced the legal consequences of both possession of hard drugs (fentanyl, cocaine, heroin, methamphetamine, and phencyclidine), and theft. The result has been massive increases in drug addiction, mental illness, and property crimes, including retail theft, committed by addicts to support their addiction. At the same time, California has seen a dramatic decrease in mental health and drug treatment for homeless people due to reduced incentives to participate in treatment. Our homelessness problem is directly connected to these unintended consequences of Proposition 47, which the voters now desire to correct.

3. Progressive states such as New Jersey, Maryland, Illinois, and Michigan have significantly stronger hard drug laws than California, and their homeless rate is 4 to 5 times lower than California's.

4. This proposal takes a modest step in the direction of these states by enacting a new class of crime called a "treatment -mandated felony." Under this new "treatment - mandated felony," prosecutors would have the discretion to charge a felony for hard drug possession after two previous drug convictions. If charged with this "treatment -mandated felony" for a third or subsequent drug offense, the offender would be given the option of participating in drug and mental health treatment. If the offender successfully completes drug and mental health treatment, the charge would be fully expunged, and the offender would receive no jail time. If the offender refuses drug and mental health treatment, they would serve jail time for hard drug possession. For a second conviction of the treatment - mandated felony (the 4th total conviction for hard drug possession), a judge would have the option of imposing time in jail or state prison. Along with hard drug and mental health treatment, offenders charged with a treatment -mandated felony would be offered shelter, job training, and other services designed to break the cycle of addiction and homelessness.

B. Cracking Down on Hard Drug Dealers

1. Fentanyl is the most dangerous drug that our nation has ever seen. Because it is largely produced synthetically, fentanyl is typically cheaper than other hard drugs. As a result, drug dealers now regularly include fentanyl in other drugs such as diet, anxiety, and 2 Council Agenda 9-3-2024 12.B-7
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sleeping pills, cocaine, and heroin. Further, fentanyl is up to 50 times stronger than heroin. Therefore, a very tiny amount of fentanyl can prove deadly. One kilogram (2.2 pounds) of fentanyl provides enough of the drug to manufacture four to ten million doses, or enough to kill 500,000 people. Finally, because such a small amount of fentanyl is necessary to create addiction, it is easier to smuggle across the border in smaller, yet much more deadly quantities.

2. This Act would authorize greater consequences for hard drug dealers whose trafficking kills or seriously injures a person who uses those drugs, and it would provide a mechanism to warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

3. This Act would add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine, for which it is illegal to possess the drug while armed with a loaded firearm.

4. This Act would also add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine that authorizes greater consequences for drug dealers who sell large quantities of hard drugs.

5. This Act also permits judges to sentence drug dealers who traffic in large quantities of hard drugs or who are armed with a firearm while trafficking in hard drugs to state prison instead of local county jails. Only our state prisons are equipped to manage security for hardened drug dealers and to provide them the rehabilitation services they need to safely re-enter society.

C. Accountability for Repeat Theft and Smash and Grab Thefts

1. Prior to Proposition 47, individuals who repeatedly engaged in theft could be charged with a felony. Prop 47 eliminated this repeat offender felony and instead provided that any theft up to $950 in value is now a misdemeanor — regardless of how many times the offender has committed theft. In practice, this means that an offender who repeatedly steals up to $950 in value faces virtually no legal consequences.

2. The result has been an explosion in retail and cargo theft causing stores throughout California to close to protect employees and customers from criminal activity that disrupts the efficient delivery of products directly to consumers and creates billions of dollars in economic losses to our local communities and state. This rapid increase in retail and cargo theft has also contributed to rising inflation, as businesses have been forced to raise prices to account for their economic losses. This retail and cargo theft explosion has collided with the fentanyl epidemic, as hard drug users have engaged in brazen theft to support their drug habits, knowing that there will be no consequences for either their theft or their hard drug use.

3. Under this Act, an offender with two prior convictions for theft can be charged with a felony, regardless of the value of the stolen property. Diversion programs will continue to 3 Council Agenda 9-3-2024 12.B-8
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exist, meaning that judges will retain discretion not to incarcerate an offender even for more than two theft convictions. But prosecutors will have the ability to bring felony charges against hardened, repeat offenders who continue to engage in theft. Judges will have the discretion to sentence a repeat offender to jail in appropriate cases, or to state prison if an offender is convicted four or more times of theft.

4. This Act also authorizes judges to exercise their discretion to impose an enhanced penalty when an offender steals, damages, or destroys property by acting together with two or more offenders or by causing losses of $50,000 or more. By peiuiitting discretion in these scenarios, judges will be able to fashion sentences that are appropriate for the crime committed, including so-called "smash and grabs" committed by mobs or large groups of people working together.

5. The value of property stolen in multiple thefts will be permitted to be added together so that in appropriate cases an offender may be charged with felony theft instead of petty theft. This provision addresses the problem of offenders who commit a series of thefts in which the property stolen during each theft has a value under the $950 felony theft threshold, in order to insulate themselves from felony charges.

6. Along with the hard drug provisions in this Act, these theft law changes will stop the vicious cycle of hard drug users stealing to support their habits without legal consequences for their actions.

SECTION 4. Section 11369 is added to the Health & Safety Code to read:
11369. (a) This section shall be known, and may be cited, as Alexandra's Law. (b) The court shall advise a person who is convicted of or who pleads guilty or no contest to, a violation of Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug, of the following:
"You are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in such conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or mixed, kill human beings in very small doses. If you illicitly manufacture, distribute, sell, furnish administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code."
(c) The advisory statement shall be provided to the defendant in writing, either on a plea form if used, as an addendum to a plea form, or at sentencing, and the fact that the advisory was given shall be specified on the record and recorded in the abstract of the conviction. 4 Council Agenda 9-3-2024 12.B-9
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(d) (1) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containing fentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section "hard drug" does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055.

SECTION 5. Section 11370.1 of the Health & Safety Code is amended to read:
11370.1. (a) Notwithstanding Section 11350 or 11377 or any other provision of law, every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a substance containingfentanyl, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand -rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.
(b) Subdivision (a) does not apply to any person lawfully possessing fentanyl, including with a valid prescription.
(c) As used in this -subdivision (a), "armed with" means having available for immediate offensive or defensive use.
—(h)-(d) Any person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code.

SECTION 6. Section 11370.4 of the Health & Safety Code is amended to read:
11370.4. (a) Any (1) A person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional state prison term as follows:
(1)Where
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(A) If the substance exceeds one kilogram by weight, the person shall receive an additional term of three years.
(2)Where
(B) Ifthe substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
(3 )Whcre
(C) Ifthe substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
el }Where
(D) If the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
(5)Where
.(E) If the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.
(6)Where
(F) Ifthe substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.
(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b) Any -(I) A person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional state prison term as follows:
(1)Whcrc
(A) Ifthe substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
(2) Where
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(B) If the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.
(3)Where
(C) tithe substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
('I) Whcre
(D) If the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.
(2) In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.
(3) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (c) (1) A person convicted of a violation of or of a conspiracy to violate. Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional state prison term as follows:
(A) If the substance exceeds 28.35 grams (one ounce) by weight, the person shall receive an additional term of three years.
(B) If the substance exceeds 100 grams by weight, the person shall receive an additional term of five years.
(C) If the substance exceeds 500 grams by weight, the person shall receive an additional term of seven years.
(D) If the substance exceeds one kilogram by weight, the person shall receive an additional term of 10 years.
(E) If the substance exceeds four kilograms by weight, the person shall receive an additional term of 13 years.
(F) If the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 16 years.
(G) jf the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 19 years.
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(H) If the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 22 years.
(I) If the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.
(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of factfnds that the defendant conspirator was substantially involved in the planning direction, execution, or financing of the underlying offense. (c) (d)The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin,_ fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(e)Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code, a defendant convicted of an underlying violation specified in this section who admits an enhancement pursuant to this section or for whom an enhancement pursuant to this section is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) of Section 1170 of the Penal Code.
(d--) (f)The additional terms provided in this section shall be in addition to any other punishment provided by law.
(e) (g)Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.

SECTION 7. Article 8 (commencing with Section 11395) is added to Chapter 6 of Division 10 of the Health & Safety Code, to read:
11395. (a) This section shall be known as the "Treatment -Mandated Felony." (b) (1) Notwithstanding any other law, and except as provided in subdivision (d), a person described in subdivision (c) who possesses a hard drug unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. A second or subsequent conviction of this section, is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
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(2) A person shall not be sentenced to jail or prison pursuant to this section unless a court determines that the person is not eligible or suitable for treatment or that any other circumstance described in paragraph (4) of subdivision (d) applies to that person. (c) Subdivision (b) applies to a person who has two or more prior convictions for a felony or misdemeanor violation of Sections 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353.7, 11370.1, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, or 11395, including a conviction that occurred before the effective date of this section. Prior convictions shall be alleged in the accusatory pleading, and either admitted by the defendant in open court or found to be true by the trier of fact
(d) (1)(i) In lieu of a jail or prison sentence, or a grant of probation with jail as a condition of probation, a defendant charged with a violation of this section may elect treatment by pleading guilty or no contest to a violation of this section and admitting the alleged prior convictions, waiving time for sentencing and the pronouncement of judgment, and agreeing to participate in, and complete, a detailed treatment program developed by a drug addiction expert and approved by the court. A defendant's plea of guilty or no contest shall not constitute a conviction for any purpose unless judgment is entered pursuant to paragraph (4) for a violation of this section. (ii) Upon or subsequent to arraignment for a violation of this section, and at the request or with the consent of the defendant or their attorney, the court shall order a drug addiction expert to conduct a substance abuse and mental health evaluation of the defendant. The expert shall submit a report of the evaluation to the court and parties. The evaluation may be based on an interview of the defendant and/or other individuals with relevant knowledge and review of records the expert deems appropriate, such as medical records, criminal history, prior treatment history, and records pertaining to the current offense. If the defendant participates in the interview, neither the defendant's interview nor evidence derived from the interview may be used against the defendant at any subsequent trial for the instant offense except for the purposes of impeachment should the defendant testify inconsistently. The evaluation shall detail the defendant's drug abuse and/or mental health issues, if any, so the court and parties may better determine appropriate handling of the defendant's case. (iii) Concurrent with the order for a substance abuse and mental health evaluation of the defendant, and with the defendant's consent, the court shall also order that a case worker or other qualified individual determine whether the defendant is eligible to receive Medi-Cal, Medicare, or any other relevant benefits for any programs or evaluations under this section. If the defendant did not previously consent to an eligibility determination at arraignment, the court shall order the eligibility determination upon and as a condition of the defendant's agreement to participate in and complete a treatment program as described in this subdivision. (2) A treatment program may include, but is not limited to, drug treatment, mental health treatment, job training, and any other conditions related to treatment or a successful outcome for the defendant that the court finds appropriate. The court must hold regular hearings to review the progress of the defendant. The court shall make referrals to programs that provide services at no cost to the participant and have been deemed by the court, the drug addiction expert, and 9 Council Agenda 9-3-2024 12.B-14
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the parties to be credible and effective. A defendant may also choose to pay for a program that is approved by the court.
(3) Upon the defendant's successful completion of the treatment program as specified in paragraph (2), the positive recommendation of the treatment program, and the motion of the defendant, prosecuting attorney, the court, or the probation department, the court shall dismiss this charge against the defendant and the provisions of Section 1000.4 of the Penal Code, as it read on the effective date of this section, shall apply, including the provision that the arrest upon which the defendant was deferred shall be deemed to have never occurred. A dismissal based on the successful completion of treatment shall not count as a conviction for any purpose, including for determining punishment pursuant to subdivision (b). (4) If at any time it appears that the defendant is performing unsatisfactorily in the program, is not benefiting from treatment, is not amenable to treatment, has refused treatment, or has been convicted of a crime that was committed since starting treatment, the prosecuting attorney, the court on its own, or the probation department may make a motion for entry ofjudgment and sentencing. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered and the defendant sentenced. Judgment shall be imposed and the defendant sentenced if the court finds true one or more of the foregoing circumstances. However, except when the defendant has been found to have been convicted of a crime that was committed since starting treatment, the court may re -refer the defendant to treatment if the court finds that it is in the interest ofjustice to do so, that the defendant is currently amenable to treatment, and if the defendant agrees to participate in, and complete, a treatment program as described in this section.
(5) For time spent in residential treatment, a defendant may earn only actual credits pursuant to Section 2900.5 of the Penal Code and shall not earn conduct credits pursuant to Section 4019 of the Penal Code or any other provision. Time spent in any other type of program or counseling is not eligible for any credits.
(e) (1) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containing fentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section "hard drug" does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055.
(f) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
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(g) This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SECTION 8. Section 490.3 is added to the Penal Code to read:
490.3. Notwithstanding any other law, in any case involving one or more acts of theft or shoplifting, including but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft.

SECTION 9. Section 666.1 is added to the Penal Code to read:
666.1. (a) (1) Notwithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
(2) This section applies to the following offenses, including a conviction that occurred before the effective date of this section:
(A) Petty theft, as described in Section 488 or 490.2.
(B) Grand theft, as described in Section 487, 487h, and in Chapter 5 of Title 13 of Part 1 of the Penal Code (commencing with Section 484).
(C) Theft from an elder or dependent adult, as described in Section 368. (D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Carjacking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section 496. (I) Shoplifting, as described in Section 459.5.
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(J) Identity theft and mail theft, as described in Section 530.5. (b) A person subject to charging under this section or actually charged with this section may be referred by a prosecuting attorney's office or by a county probation department to a theft diversion or deferred entry of judgment program pursuant to Section 1001.81. If appropriate, a person admitted to such a program may also be referred to a substance abuse treatment program.
(c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
(d)This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SECTION 10. Section 12022 of the Penal Code is amended to read:
12022. (a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm. (2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is aimed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle. (b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years. (3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is 12 Council Agenda 9-3-2024 12.B-17
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owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. (c) (1) Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment in the state prison pursuant to subdivision (h) of Section 1170 for three, four, or five years. (2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this subdivision who admits an enhancement pursuant to this subdivision or for whom an enhancement pursuant to this subdivision is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) of Section 1170 of the Penal Code.
(d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision (c), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years.
(e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement.
(f) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision (c) or (d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

SECTION 11. Section 12022.6 is added to the Penal Code to read:
12022.6. (a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, as follows:
(1) If the loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.
(3) If the loss or property value exceeds one million dollars ($1, 000, 000), the court shall impose an additional term of three years.
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(4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years.
(5) For every additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4). (b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 496, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules ofjoinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier offact. (d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.65.

SECTION 12. Section 12022.65 is added to the Penal Code to read:
12022.65. (a) Any person who acts in concert with two or more persons to take, attempt to take, damage, or destroy any property, in the commission or attempted commission of a felony shall be punished by an additional and consecutive term of imprisonment of one, two, or three years. (b) The additional term provided in this section shall not be imposed unless the existence of the facts required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(c) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.6.

SECTION 13. Section 12022.7 of the Penal Code is amended to read:
12022.7. (a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive teiiu of imprisonment in the state prison for three years. (b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to 14 Council Agenda 9-3-2024 12.B-19
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become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, "paralysis" means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism. (c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
(d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years. (e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive teiul of imprisonment in the state prison for three, four, or five years.

As used in this subdivision, "domestic violence" has the meaning provided in subdivision (b) of Section 13700.
(f) (1) As used in this section, "great bodily injury" means a significant or substantial physical injury.
(2) As used in this section, a person who sells. furnishes, administers, or gives away a controlled substance is deemed to have personally inflicted great bodily injury when the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance.
(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452.

Subdivisions (a), (b), (c), and (d) shall not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under either subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.

SECTION 14. Chapter 36 (commencing with Section 7599.200) is added to Division 7 of Title 1 of the Government Code, to read:
7599.200. (a) This section shall be known as "Funding for the Homelessness, Drug Addiction, and Theft Reduction Act."
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(b) From monies disbursed to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 of the Government Code and Section 6046.2 of the Penal Code, the Board of State and Community Corrections may allocate appropriate funds to counties and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision shall not preclude funding for this Act from any other source, including but not limited to the Local Revenue Fund 2011 established under Government Code Section 30025 and other such funds designated for substance abuse and mental health treatment.
(c) A defendant charged with a treatment -mandated felony is eligible for any appropriate Medi- Cal or Medicare programs or services, including but not limited to those described in Government Code Section 30025(f)(16)(B)(iii)-(v), for the defendant's programs specified in Section 11395 of the Health and Safety Code. A county or local government may contract directly with the State Department of Healthcare Services or any other applicable State agency to provide for the provision or administration of any applicable Medi—Cal or Medicare treatment programs.

SECTION 15. Amendments
(a) Except as provided in subdivision (b), this Act shall not be amended by the Legislature except by a statute that furthers the purposes, intent, fmdings, and declarations of the Act and is passed in each house by roll call vote entered in the journal, two-thirds of the membership of each house concurring, or by a statute that becomes effective only when approved by the voters. (b) The Legislature may, by majority vote, amend Section 11369 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of convictions to which it applies, and may, by majority vote, amend Section 11395 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of applicable prior convictions , and may, by majority vote, amend Section 666.1 of the Penal Code only to expand the list of applicable prior convictions.

SECTION 16. Severability
If any provision of this Act, or any part of any provision, or the application of any provision or part to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and applications of provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable.

SECTION 17. Conflicting Initiatives
(a) This Act creates a new drug treatment statute and changes the penalties for career and serial thieves. In the event that this Act and another initiative measure or measures relating to the same subject appear on the same statewide ballot, the provisions of the other measure or measures 16 Council Agenda 9-3-2024 12.B-21
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shall be deemed to be in conflict with this measure. In the event this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by the voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self-executing and given full force and effect. 17 Council Agenda 9-3-2024 12.B-22
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