Agenda packet — Pismo Beach City Council, March 4, 2025

L�SY OF
AGENDA
Pismo Beach City Council
AlSMo sEPc� Tuesday, March 4, 2025
Time Meeting Type Physical Location Virtual Viewing Option 4:00 p.m. Closed Session City Hall None
5:30 p.m. Regular Meeting '2 Council Chamber, City Hall htt s://usO2web.zoom.us/m/84823715585 'Live virtual viewing is offered via Zoom.
2Broadcast meeting also available for viewing on cable Channel 20 and online at pismobeach.org/agenda.

0. MEETING INSTRUCTIONS:

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

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

Watch via Zoom:
• Regular Meeting only. Click this link on any computer or mobile device:
https.IlusO2web.zoom.uslil84823715585. This URL may also be typed into a web browser.

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

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

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

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

Submit written comment prior to, or during, the meeting:
• Regular Meeting and Closed Session: In advance of the meeting, written comments may be emailed to citycounciI6c�pismobeach.org or mailed or delivered to the City Clerk's Office, 760 Mattie Road, Pismo Beach, CA 93449. During the Regular Meeting no later than the start of the comment period for your item of interest, written comment may be hand-delivered to staff in the Council Chamber. Emails submitted after the start of the meeting may not be fully considered prior to any action taken on the item.

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

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

Please note:
• In the event a Council Member participates in this meeting by teleconference under the provisions of Government Code Section 54953(o,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 cityclerk _pismobeach.org with questions.

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Pismo Beach City Council Agenda March 4, 2025 Special Closed Session-4:00 p.m.

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

1. ROLL CALL:

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

2. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) — Council Chamber Item 2.A: Public Employee Performance Evaluation (Government Code §54957) Title: City Manager

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

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

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

4. CLOSED SESSION — Closed Meeting Room
The City Council will convene in Closed Session to discuss the items listed under Item 2 above. In accordance with the Brown Act, public access is not permitted for this portion of the meeting.

5. CLOSED SESSION REPORT — Council Chamber
If a regular meeting immediately follows this Closed Session,the Closed Session Report will be made during the regular meeting.

6. ADJOURNMENT
Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, March 4, 2025 Council Chamber, City Hall

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Pismo Beach City Council Agenda March 4, 2025 Regular Meeting-5:30 p.m.

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

1. ROLL CALL:

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

2. PLEDGE OF ALLEGIANCE

3. ACCEPTANCE OF AGENDA

4. PRESENTATIONS
None.

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

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

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

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

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

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

8. COUNCIL COMMITTEE REPORTS

1. Air Pollution Control District,SLO County(Newton/Reiss) 10.Integrated Waste Management Authority(Newton/Inman)

2. California Joint Powers Insurance Authority(Reiss/Inman) 11.Mobile Home Rent Stabilization Subcommittee(Inman/Waage)

3. Central Coast Blue Regional Recycled Water Authority 12.Regional Transit Authority, SLO(Waage/Reiss) (Waage/Guthrie) 13.Shell Beach Improvement Group Liaison(Inman/Reiss)

4. Chapman Estate Foundation (Liaison)(Reiss) 14.SLOCOG(Waage/Reiss)

5. Coastal Cities Group, League of CA Cities(Waage) 15.South County Chambers Gov't Affairs(Guthrie/Inman)

6. Conference and Visitors Bureau/LBID Board(Liaison)(Inman) 16.Visit SLO CAL Advisory Committee(Inman)

7. Friends of Price House Liaison(Waage) 17.Water Resources Advisory Committee,SLO(Guthrie/Inman)

8. Hazard Mitigation&Fire Safety(Inman/Waage) 18.Zone 3 Water Advisory Committee,SLO(Guthrie/Inman)

9. Homeless Services Oversight Council(Guthrie/Reiss) (Gout Code Section 53232.3)

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Pismo Beach City Council Agenda March 4, 2025

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 February 11, 2025 Special Meeting;

2. Adopt Minutes of the February 13, 2025 Special Meeting;

3. Adopt Minutes of the February 18, 2025 Closed and Regular Meeting.

Item 9.13: Payroll Register and Register of Demands (Feeser) Recommendation:

1. Approve the Summary of Payroll Register for February 9, 2025;

2. Approve the Register of Demands for January 31, 2025, February 7, 2025 and February 14, 2025.

Item 9.C: Annual Military Equipment Report Per California Assembly Bill 481 (Smith)
Recommendation:

No action recommended; for information only.

Item 9.D: El Portal Drive and Shell Beach Road Red Curb (Gaglione) Recommendation:

Adopt a Resolution authorizing the installation of red curb on El Portal Drive at Shell Beach Road.

Item 9.E: Update on Massage Establishment and Massage Therapist Permit Fees (Feeser)
Recommendation:

No action recommended; for information only.

10. ITEMS PULLED FROM CONSENT CALENDAR

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

None.

12. BUSINESS ITEMS - May be reordered and heard prior to Public Hearings Item 12.A: Fire Preparedness and Safety Report (Lee) Recommendation:

No action recommended; for information only.

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Pismo Beach City Council Agenda March 4, 2025 Item 12.13: Introduction (First Reading) of Animal Control Regulations Ordinance; Introduction (First Reading) of 2025 Omnibus Municipal Code Cleanup Ordinance (Inderlied)
Recommendation:

1. Introduce an Ordinance adopting by reference Title 9: Animals of the San Luis Obispo County Code, and reserving certain local animal control regulations as set forth in Title 6: Animals of the City of Pismo Beach Municipal Code; and

2. Introduce an Ordinance implementing changes to various provisions of the Pismo Beach Municipal Code, including Chapters 1.24, 2.04, 3.06, 3.08,

5.16, 5.22, 5.24, 5.28. 12.163 12.32, and 12.36.

Item 12.C: Capital Improvement Program Semi-Annual Report (Gaglione) Recommendation:

No action recommended; for information only.

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, March 18, 2025 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 March 4, 2025 meeting(s)of the Pismo Beach City Council was posted on February 27, 2025, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City's website. �Eca Ir(derI!ig,_City Clerk
Al
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 einderliedna,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.

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Pismo Beach City Council Agenda March 4, 2025 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).

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G\T Y OF

PISMO BEACH CITY COUNCIL STAFF REPORT
A�syo Bt Agenda Item #9.A
Meeting Date: March 4, 2025
TITLE:

Adoption of Meeting Minutes
RECOMMENDATION:

1. Adopt Minutes of the February 11, 2025 Special Meeting;

2. Adopt Minutes of the February 13, 2025 Special Meeting;

3. Adopt Minutes of the February 18, 2025 Closed 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 February 11, 2025 Special Meeting.

2. Draft Minutes of the February 13, 2025 Special Meeting.

3. Draft Minutes of the February 18, 2025 Closed and Regular Meeting.

Submitted by:

Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 3-4-2025 9.A-1
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Attachment 1
Y

DRAFT MINUTES
- Pismo Beach City Council
A•SMo BEPcs Tuesday, February 11, 2025
Special Meeting-11:00 a.m.

Admin Conference Room, 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: 11:08 a.m.

1. ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tern Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman (arrived 12:07 p.m.)
Council Member Scott Newton
Staff Present:

Erica Inderlied, City Clerk

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

3. AGENDA ITEMS
Item 3.A: 2025 Annual Advisory Body Interviews and Appointments (Inderlied) Recommendation:

Review of Current Membership

1. Review the membership standing of current Advisory Body members, including training and attendance data, and provide direction to staff if desired.

Review of Applicants not Appearing for Interviews

2. Review the applications of applicants not appearing for an interview.

Interviews — Applicants for Multiple Bodies

3. Conduct interviews of non-incumbent applicants who have applied for multiple Advisory Bodies.

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Attachment 1
Presenting staff:

Erica Inderlied, City Clerk
Supplemental material submitted into the record.

The City Council considered the applications of the following applicants not appearing for interviews:

Steve Brooks, for the Conference and Visitors Bureau Board; and Planning Commission;
Rick Morefield, for the Conference and Visitors Bureau Board; Parks, Recreation and Beautification Commission; and Planning Commission.

The City Council conducted the following interviews:

Bob Barstow, for the Parks, Recreation and Beautification Commission; and Planning Commission.

Jennelle Brownlee, for the Parking Advisory Committee; and Traffic Safety Committee.

Shawn Collins, for the Conference and Visitors Bureau Board; Parks, Recreation and Beautification Commission; and Planning Commission.

Ian Journey, for the Conference and Visitors Bureau Board; Parks, Recreation and Beautification Commission; and Planning Commission.

Chris Ramey, for the Conference and Visitors Bureau Board; and Planning Commission.

Tracy Steele, for the Parks, Recreation and Beautification Commission; Planning Commission; Traffic Safety Committee.

Action: No action.

4. CITY COUNCIL COMMENTS AND REQUESTS
No action.

5. ADJOURNMENT
At 1:36 p.m.

APPROVED: ATTEST:

Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 3-4-2025 9.A-3
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Attachment 2
Y

DRAFT MINUTES
- Pismo Beach City Council
A•SMo BEPcs Thursday, February 13, 2025
Special Meeting-11:00 a.m.

Admin Conference Room, 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: 11:02 a.m.

1. ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tern Mary Ann Reiss
Council Member Marcia Guthrie (arrived 11:05 a.m.)
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:

Erica Inderlied, City Clerk

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

3. AGENDA ITEMS
Item 3.A: 2025 Annual Advisory Body Interviews and Appointments (Inderlied) Recommendation:

Interviews — Applicants for Multiple Bodies

1. Continue conducting interviews of non-incumbent applicants who have applied for multiple Advisory Bodies.

Interviews — Single Applicants

2. Conduct interviews of non-incumbent applicants who have applied for one Advisory Body.

Appointments or Other Direction

3. Provide direction to staff regarding 12 vacancies for the term of March 1, 2025—February 28, 2027:

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Attachment 2
• The appointment of non-incumbent applicant(s) who have appeared for interviews;
• The appointment of incumbent applicant(s) who have not yet appeared for interviews;
• Scheduling interview(s) with any incumbents as desired; • Other direction.

Presenting staff:

Erica Inderlied, City Clerk
The City Council conducted the following interviews:

Susan Mundahl-Rodriquez, for the Conference and Visitors Bureau Board; Parks, Recreation and Beautification Commission; and Planning Commission.

Lindsey Winter, for the Parks, Recreation and Beautification Commission; and Planning Commission.

Jessica Farley, for the Parks, Recreation and Beautification Commission; and Planning Commission.

Victoria Pobor, for the Parking Advisory Committee
Jeff Allen, for the Planning Commission.

Dave Jewell, for the Planning Commission.

Joe Weiland, for the Traffic Safety Committee.

Dan Cashier, for the Planning Commission.

Gregg Herning, for the Conference and Visitors Bureau Board.

The City Council considered the applications of the following incumbent applicants:

Jed Bickel, for the Conference and Visitors Bureau Board.

Jessica Blackburn, for the Parks, Recreation and Beautification Commission.

James Davison, for the Conference and Visitors Bureau Board.

Michael Devine, for the Parks, Recreation and Beautification Commission.

Jack Krasner, for the Parking Advisory Committee.

Clare Malone Prichard, for the Planning Commission.

Sandra Nielsen, for the Parks, Recreation and Beautification Commission.

Rick Turton, for the Parking Advisory Committee.

Council Member Guthrie left the meeting at 3:09 p.m.

Action: Make the following appointments:
• Conference and Visitors Bureau Board
Jed Bickel, for a two-year term ending February 28, 2027.

James Davison, for a two-year term ending February 28, 2027.

Gregg Herning, for a two-year term ending February 28, 2027.

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Attachment 2
• Parking Advisory Committee
Jack Krasner, for a two-year term ending February 28, 2027.

Victoria Pobor, for a two-year term ending February 28, 2027. • Parks, Recreation and Beautification Commission
Michael Devine, for a two-year term ending February 28, 2027.

Sandra Gore Nielsen, for a two-year term ending February 28, 2027.

Lindsey Winter, for a two-year term ending February 28, 2027. • Planning Commission
David Jewell, for a two-year term ending February 28, 2027.

Ian Journey, for a two-year term ending February 28, 2027.

Clare Malone Prichard, for a two-year term ending February 28, 2027.
• Traffic Safety Committee
Joe Weiland, for a two-year term ending February 28, 2027.

4. CITY COUNCIL COMMENTS AND REQUESTS
No action.

5. ADJOURNMENT
At 3:13 p.m.

APPROVED: ATTEST:

Ed Waage, Mayor Erica Inderlied, City Clerk
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Attachment 3
(,1S Y

DRAFT MINUTES
Pismo Beach City Council
A'sMo BEP`� Tuesday, February 18, 2025
Special Closed Session-4:00 p.m.

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

CALL TO ORDER: Mayor Waage called the meeting to order at 4:01 p.m.

1. ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tern Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman (arrived 4:38 p.m.)
Council Member Scott Newton
Staff Present:

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

2. ANNOUNCEMENT OF CLOSED SESSION ITEMS
Item 2.A: Conference with Real Property Negotiators (Government Code §54956.8) Property: 1243 Ocean Boulevard (APN 010-302-013)
1201 Ocean Boulevard (APN 010-302-012)
Agency Negotiator: Jorge E. Garcia
Negotiating Parties: Chapman Estate Foundation
Under Negotiation: Price and Terms of Payment

3. PUBLIC COMMENT PERIOD
Call for public comment:

Marilee Hyman commented.

Shelly Higginbotham commented.

Lillian Jewell commented.

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Attachment 3

4. CLOSED SESSION
The Council retired to Closed Session to consider the above item.

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

6. ADJOURNMENT
At 5:35 p.m., to the 5:30 p.m. Regular Meeting.

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Attachment 3
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: 5:40 p.m.

1. ROLL CALL:

Present: Absent:

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

Nadia Feeser, Administrative Services Director
David Fleishman, City Attorney
Rosemarie Gaglione, Director of Public Works
Jorge Garcia, City Manager
Scot Graham, Community Development Director
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: Five Cities Homeless Coalition Update (Janna Nichols) Presented by Janna Nichols, Five Cities Homeless Coalition.

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Attachment 3

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 reported that the Council had taken no reportable action during its 4:00 p.m. Closed Session.

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

Council Member Newton:

San Luis Obispo County Air Pollution Control District (APCD) Board.

Mayor Waage:

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 9.13 through 9.1-1):

Ayes: 5 Guthrie, Inman, Newton, 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.

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Attachment 3
Item 9.13: Payroll Register and Register of Demands (Feeser) Recommendation:

1. Approve the Summary of Payroll Register for January 26, 2025;

2. Approve the Register of Demands for January 17, 2025 and January 24, 2025.

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

No action recommended; for information only.

Item 9.13: Quarterly Investment Report for the Three Months of October through December 2024 — the Second Quarter of Fiscal Year (FY) 2025 (Feeser)
Recommendation:

No action recommended; for information only.

Item 9.E: City Acceptance of the "Crescione Lot," APN 005-163-001 (Graham) Recommendation:

Adopt a Resolution authorizing the City Manager to accept fee interest in the Crescione Lot (APN: 005-163-001).

Legislative Record: Resolution R-2025-004 adopted.

Item 9.F: Notice of Completion for the James Way Beautification Project (Gaglione)
Recommendation:

1. Accept the James Way Beautification Project as complete;

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

Item 9.G: Acceptance of Funding Award from the Federal Highway Administration Safe Streets and Roads for All Grant Program; Related Budget Adjustments (Gaglione)
Recommendation:

Adopt a Resolution authorizing the City Manager to execute a grant agreement with the Federal Highway Administration for $160,000 through the Safe Streets and Roads for All Grant Program and appropriating related budget adjustments in Fiscal Year 2025.

Legislative Record: Resolution R-2025-005 adopted.

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Attachment 3
Item 9.H: Acceptance of Funding from the Federal Emergency Management Agency (FEMA) through the California Governor's Office of Emergency Services (CaIOES) for the Repair of the Pier Avenue Storm Drain Outfall; Related Budget Adjustments (Gaglione) Recommendation:

Adopt a Resolution authorizing the acceptance of grant funds in the amount of $620,838.75 from FEMA/CalOES for the repair of the Pier Avenue storm drain outfall, and appropriating related budget adjustments in Fiscal Year 2025.

Legislative Record: Resolution R-2025-006 adopted.

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

1. Adopt Minutes of the January 24, 2025 Special Meeting.

2. Adopt Minutes of the February 3, 2025 Special Meeting.

3. Adopt Minutes of the February 4, 2025 Regular and Closed Meeting.

Action:

1. Adopt Minutes of the January 24, 2025 Special Meeting.

2. Adopt Minutes of the February 3, 2025 Special Meeting.

3. Adopt Minutes of the February 4, 2025 Regular and Closed 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
Item 11.A: Public Hearing to Consider a Resolution Approving New Development Impact Fees, Effective April 19, 2025 (Feeser)
Recommendation:

1. Conduct a Public Hearing to receive input from the public on the proposed development impact fees;
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Attachment 3

2. Adopt a Resolution adopting the City of Pismo Beach Development Impact Fee Update Study; making certain findings; and approving new Development Impact Fees for the City of Pismo Beach, effective on April 19, 2025.

Presenting staff:

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

Guest presenters:

Carlos Villareal, Willdan
Public Hearing / Call for public comment: No comment.

Action: Adopt a Resolution adopting the City of Pismo Beach Development Impact Fee Update Study; making certain findings; and approving new Development Impact Fees for the City of Pismo Beach, effective on July 1, 2025.

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-2025-007 adopted.

Item 11.113: Public Hearing to Review and Adopt Final Funding Recommendations on the County of San Luis Obispo 2025 Action Plan, including Community Development Block Grant Funds (Graham)
Recommendation:

Adopt a Resolution making final recommendations to the County of San Luis Obispo for Urban County's 2025 Action Plan for Community Development Block Grant funds.

Presenting staff:

Jorge Garcia, City Manager
Scot Graham, Community Development Director
Council Agenda 3-4-2025 9.A-13
Packet Page 13

Attachment 3
Supplemental material submitted into the record.

Public Hearing / Call for public comment: No comment.

Action: Adopt a Resolution making final recommendations to the County of San Luis Obispo for Urban County's 2025 Action Plan for Community Development Block Grant funds.

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
Legislative Record: Resolution R-2025-008 adopted.

12. BUSINESS ITEMS
None.

13. CITY COUNCIL COMMENTS AND REQUESTS
No action.

14. ADJOURNMENT
At 6:41 p.m.

APPROVED: ATTEST:

Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 3-4-2025 9.A-14
Packet Page 14

\T Y Op

PISMO BEACH CITY COUNCIL STAFF REPORT
'0�syo Be
Pc� Agenda Item #9.13
Meeting Date: March 4, 2025
TITLE:

Payroll Register and Register of Demands
RECOMMENDATION:

1. Approve the Summary of Payroll Register for February 9, 2025;

2. Approve the Register of Demands for January 31, 2025, February 7, 2025 and February 14, 2025.

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 3-4-2025 9.13-1
Packet Page 15

Attachment 1
A�SM0 BEQ�'2

SUMMARY PAYROLL REGISTER
FOR PERIOD ENDING 02/09/25
CHECKS DATED 02/14/25

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557162 1
AC H 129

EARNINGS
REGULAR 392,258.32
HOLIDAY 5,552.83
OVERTIME(Includes Comp Time Payouts) 14,917.24 Administration
Building
Conference&Visitors Bureau
Police Department 9,334.53
Parking
Engineering
Fire
Recreation 407.24
Public Works 227.04
Water 2,963.22
Wastewater 1,985.21
Motor Vehicles
Subtotal-Overtime $ 14,917.24
SALARY ADJUSTMENTS -
TRAINING/UNIFORM ALLOWANCE 120.00
OTHER EARNINGS 14,288.84
427,137.23

LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 38,724.82
FICA&MEDICARE 32,928.90
STATE INCOME TAX 14,977.21
STATE DISABILITY INSURANCE 4,947.49
GARNISHMENTS 1,498.90
HEALTH 7,065.78
SUPPLEMENTAL DISABILITY 1,225.81
SECTION 125 2,994.16
PERS 38,146.17
DEFERRED COMPENSATION 14,168.82
ADDITIONAL LIFE INSURANCE 349.75
UNION DUES 2,216.01
PISMO ATHLETIC CLUB 612.50
OTHER
NET PAYROLL $267,280.91
DIRECT DEPOSIT DEDUCTION 265,785.10
NET PAYROLL AFTER ACH DEPOSIT 1,495.81
Council Agenda 3-4-2025 9.13-2
Packet Page 16

Attachment 2
City of Pismo Beach
Final Disbursement List Check Date 01/31/2025

US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10002 Internal Revenue Service $ 138,690.81 Federal Income Tax PD 01/31/25 ACH 10371 Visit SLO County 135,314.60 TIMID Payments Nov 2024 ACH 11208 SEIU Local 620 AFL/CIO 822.70 SEIU Dues PD 01/31/25 ACH 11305 Public Employees Retirement System 78,167.62 PERS Retirement PD 01/31/25 ACH 12017 Vantagepoint Transfer Agents 9,172.00 Retiree Health Longevity Premiums-PD 02/01/25 ACH 12211 CA.Public Emp Retirement Sys 123,828.40 Medical Insurance-Feb 2025 ACH 12305 Franchise Tax Board 28,268.26 SDI&State Income Tax PD 01/31/25 ACH 12708 dba:Mission Square ICMA Retirement Trust-Roth 575.00 ICMA Roth IRA PD 01/31/25 IRA
ACH 12944 Leaf 1,322.25 Monthly Copier Lease-Jan 2025 ACH 13455 Wex 406.56 Fuel for City Vehicles 12/07/24-01/06/25 ACH 14257 Igoe Administrative Services 6,309.17 Medical and/or Dependent Care FS Monthly Participation-Jan 2025 IGOE FSA and DDS reimbursement-Jan 2025
132457 14874 Advance Stores Company,Incorporated 449.78 Vehicle Maintenance 132458 10695 AFLAC 2,579.02 Supplemental Disability Insurance-Jan 2025 132459 11882 Alexander's Contract Services Inc 3,144.73 Water Meter Reading Services Jan 2025 132460 10293 Battery Systems Inc 1,123.86 Vehicle Maintenance 132461 14935 Carl Botterud 375.00 Investigation Services 132462 14402 Carol A.Burner 933.33 900 Bello Lease-February 2025 132463 10389 CALEA 296.43 Communications Onsite Fee 132464 14414 California State Disbursement Unit 415.38 Tax Withholding Order-PD 01/31/25 132465 14771 California State Disbursement Unit 16.15 Tax Withholding Order-PD 01/31/25 132466 14876 California State Disbursement Unit 784.61 Tax Withholding Order-PD 01/31/25 132467 14995 California State Disbursement Unit 103.84 Tax Withholding Order-PD 01/31/25 132468 14855 California's Best Janitorial 360.00 Janitorial Services-PBVH Events 132469 12610 CalPortland Construction 487,806.94 Paving Project-Oct/Nov 2024 132470 10085 Cannon Corp 1,230.17 Ocean Blvd CM-Dec 2024 132471 14027 Central Coast Landscape Products,Inc. 332.78 Maintenance Supplies 132472 13531 Central Coast Party Factory LLC 300.00 Bounce House-Holiday Harmony 132473 10281 City of Arroyo Grande 12,502.14 Activity Guide Printing&Postage-Fall 2024 Activity Guide Printing&Postage-Winter/Spring 2025
132474 14415 CLAD Consulting,Inc. 19,478.75 On-Call Engineering-Dec 2024 478 Hinds PIP Inspections-Dec 2024
Stormwater Support-Dec 2024
Parking Annex CM-Dec 2024
Public Safety Facility PM-Dec 2024
132475 11966 College Towing Inc 170.00 Towing Services 132476 14834 Confluence Engineering Solutions,Inc 2,773.75 Water Resource Support-Nov 2024 132477 12224 Delta Dental Of California 6,740.30 Dental Premiums-Feb 2025 132478 11289 eGenoa,LLC 5,315.97 PD/Parking Annex Decals&Installation Graphics,Decals&Decal Installation
132479 14383 Ellison Schneider Harris&Donlan LLP 89.00 Water Counsel Services-Dec 2024 132480 12587 Fedex 125.27 Shipping Services 132481 13846 Franchise Tax Board-Tax Withholding-2 50.00 Tax Withholding Order PD 01/31/25 132482 14791 Darren Gallina 500.00 Deposit Refund:PBVH Event 1/25/25 132483 14575 GE Software,Inc. 1,188.00 EKOS Fuel Site Module-1/1/25-12/31/25 132484 10732 Granite Construction Company 3,258.36 Maintenance Supplies 132485 14660 Interwest Consulting Group 22,040.00 Plan Review&Inspection-Public Safety Facility-Dec 2024 132486 13385 IPS Group,Inc. 2,735.26 IPS Transaction Fees-Nov 2024 132487 12255 Iron Mountain Information Mgmt,Inc 254.20 Shredding Services 132488 14926 Jason Addison Smith Consulting Services Inc 18,058.64 Building Division-Plan Review Dec 2024 132489 12525 A Fisher Construction 45,198.49 James Way Beautification-Dec 2024 132490 10760 Johnboy's Towing 600.00 Towing Services 132491 10474 Joseph Wolosz 7,000.00 Wolosz Parking Lot Lease-February 2025 132492 10656 LN Curtis&Sons 7,631.74 Equipment-New Engine 64 132493 14401 Barbara L.Maraist 933.34 900 Bello Lease-February 2025 132494 14829 Mark J.Powers Inc. 2,000.00 Biohazard Cleanup-PBPD Case#25-0073 132495 14427 Rubio Medina 3,561.80 Parking Annex-Sept 2024 132496 13836 Mesa Energy Systems,Inc 652.78 Facilities Maintenance 132497 14739 Mike's Coffee and Tea Co. 27.00 Coffee 132498 10097 Miners Hardware 892.99 Maintenance Supplies 132499 14353 Motorola Solutions,Inc. 323.25 Vehicle Maintenance 132500 11172 Mullahey Ford 5,766.64 Vehicle Maintenance 132501 13975 Scott Newton 2,500.00 Release Encroachment Permit Bond-171 Naomi 132502 14343 ODP Business Solutions,LLC 613.07 Office Supplies Council Agenda 3-4-2025 9.13-3
Packet Page 17

Attachment 2
City of Pismo Beach
Final Disbursement List Check Date 01/31/2025

US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
132503 10728 Oilfield Environmental&Compliance,Inc. 2,992.50 Lab Analysis-Dec 2024 132504 11202 Pavement Engineering,Inc. 1,327.50 Paving Project ESDC-Dec 2024 132505 12912 Pegboard 297.51 Office Supplies
132506 13197 Pioneer Americas,LLC 10728 11,538.86 Sodium Hypochlorite 132507 14403 Betty J.Pratt 933.33 900 Bello Lease-February 2025 132508 14979 Precast Unlimited,Inc. 4,089.74 Public Art-Park Benches 132509 14740 Premier Supply,LLC 379.82 Maintenance Supplies 132510 12335 Procare Janitorial Supply Inc 338.29 Janitorial Supplies 132511 14908 Public Sector Personnel Consultants,Inc. 25,000.00 Classification&Compensation Study 132512 12218 R.Baker Inc. 3,300.00 Wastewater System Repairs 132513 11266 San Luis Auto Parts Inc 1,735.82 Vehicle Maintenance 132514 12028 San Luis Obispo County Public Works Dept 953,094.57 Dept of Water Resources-State Water&Drought Buffer 132515 12108 Santa Maria Tire,Inc. 2,978.89 Vehicle Maintenance 132516 14877 SCaDU 230.76 Tax Withholding Order-PD 01/31/25 132517 14880 Scherle Specialties LLC 2,934.06 Vehicle Maintenance 132518 14754 Schwind Electric 1,968.00 EV Charger Repair 132519 14557 Securitas Technology Corporation 1,000.45 Security&Fire Monitoring-Feb 2025 Security&Fire Monitoring-Feb-Apr 2025
132520 14757 Quincy Storm 318.75 Design Services-Clamming/Parking 132521 11323 Streator Pipe&Supply 19.99 Maintenance Supplies 132522 12630 SWCA Environmental Consultants 6,110.50 PSF Cultural/Archaeological Monitoring-Dec 2024 132523 12321 The Gas Company 2,010.85 Gas Service 12/14/24-01/18/25 132524 13097 The Standard 1,560.71 Life&Additional Life Insurance Premiums-Feb 2025 132525 11229 Thoma Electric Inc 132.00 Service Call 132526 12461 TJA Advertising 76,699.55 LBID&CVB Advertising and Promotion -Dec 2024 132527 14821 Traffic Management Products Inc 2,501.28 Street Signs 132528 14746 Trojan Petroleum,Inc. 5,862.94 Diesel&Unleaded Fuel Delivery-01/16/2025 132529 12982 Ultrex Business Products 1,174.65 Monthly Copier Usage Dec 2024 132530 13392 Urban Planning Concepts 5,625.00 Planning Services-Dec 2024 132531 13073 VSP-Vision Service Plan(CA) 1,581.27 VSP Vision Coverage Feb 2025 132532 12288 West Covina Nurseries 706.51 Maintenance Supplies 132533 12132 White Flag Pest Control Inc 806.00 Pest Control 132534 13491 Wilmington Trust,National Association 2,000.00 2017 CREBS Bond Trustee Fees Total: $ 2,317,360.23
Council Agenda 3-4-2025 9.13-4
Packet Page 18

Attachment 2
City of Pismo Beach
Final Disbursement List Check Date 02/07/2025

US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 12944 Leaf 318.06 Copier Lease Jan 2025 ACH 14547 Quadient,Inc-Postage 2,000.00 Postage Jan 2025 132535 10434 Abalone Coast Analytical Inc 288.00 Water Analysis 132536 12275 Airgas West Inc 612.07 Helium-Rec-Jan 2025 132537 14620 ALDSLO LLC 550.00 Leak Detection-Seacliff Dr&Colburn Ln 132538 14440 Paul Amarillas 86.47 Uniform Embroidery 132539 12625 AT&T 9393083592 1,545.49 PD Migration Internet-01/01/2025-01/31/2025 132540 14865 AT&T Mobility 287341782965 129.72 SCADA Hotspot-12/01/2024-12/31/2024 132541 11589 Austin's Wet Pets and Pond Maintenance,Inc 140.00 Chapman Pond Maintenance-Jan 2025 132542 14119 Boone Printing&Graphics,Inc. 256.18 Business Cards 132543 14869 Michael Brannagan 1,840.00 G IS Services-Dec 2024 132544 11392 Brenntag Pacific Inc. 1,501.72 Sodium Bisulfite 132545 10028 Brisco Mill&Lumber Yard 311.83 Parks Maintenance 132546 14217 Broken Crown Coffee Co,LLC 62.50 Coffee 132547 14779 Sally Budd-Unks 38.40 Instructor:Dance Fit 12/3/24-1/28/25#11634 132548 12098 Burke&Pace Lumber of Arroyo Grande 104.12 Maintenance Supplies 132549 14766 C&M Western,Inc 213.11 Safety Boots FY25 132550 11333 California Rural Water Association 1,662.00 Membership Dues 2/1/25-2/1/26 132551 10085 Cannon Corp 14,821.75 James Way CM&Paving Project CM-Dec 2024 132552 10799 Lindsay Carter Coates 348.00 Instructor:Yoga with Lindsay 12/2/24-1/29/25#11661 132553 11451 Channel Islands Technology Integrators'Group 14,252.24 IT Professional Services 132554 14415 CLAD Consulting,Inc. 225.00 Security Cameras PM-Dec 2024 132555 11227 Cole Chrysler Dodge 4,989.65 Vehicle Maintenance 132556 14834 Confluence Engineering Solutions,Inc 4,703.75 Water Resource Support-Dec 2024 132557 14146 Pamela Ann Coslick 176.00 Instructor:Tae Kwon Do 12/4/24-1/29/25#11629 132558 12156 County Of San Luis Obispo 600.00 Well#5 Annual Invoice 1/1/25-12/31/25 FA0001575 132559 14303 County of San Luis Obispo 3,827.49 Annual Fee:Injection Well-Test Well Site 132560 14202 Crisp Imaging 186.32 Large Format Printer Ink 132561 12628 Dell Marketing LP 29,529.18 Computer Equipment 132562 14759 Michael Dias 300.00 Senior Dance Band 2/11/25 132563 14473 DXP Enterprises,Inc. 11,322.50 Plant Water Repair Kit&Progressive Cavity Pump Repair 132564 14325 Engeo Incorporated 5,125.07 Cliff/Ocean-Nov 2024 132565 14978 Glenn A.Rick Engineering&Development Company 1,271.25 Hermosa/Shell Beach Road Sight Distance Evaluation 132566 10398 Liliana Graham 400.00 Instructor:Ballroom/Latin Dance 1/6-1/27/25#11653 132567 12235 Granicus,LLC 7,707.98 Disclosure Docs&Campaign Docs Subscription 01/06/2025-01/05/202& Legislative Meeting Webstreaming 01/28/25-04/27/25
132568 12952 GSI Water Solutions Inc 1,873.92 NCMA Annual Report-Dec 2024 132569 11977 Dan Hall 616.00 Instructor:Yoga with Dan 1/1-1/29/25#11662 132570 15006 Legal Updates,LLC 1,080.00 Legal Update Training Access 132571 UB*01152 JEANETTE LOEFFLER(T) 82.18 Refund Check 019308-000,116 PEYTON COURT 132572 UB*01151 JOE LOPEZ 45.00 Refund Check 019580-000,219 CUYAMA 132573 15008 Melissa Martinez 889.00 Deposit Refund PBVH 1/11/25 132574 14427 Rubio Medina 7,950.00 Parking Annex-Dec 2024 132575 12163 Michael K Nunley&Associates Inc 4,616.00 Charles St Reservoir-Dec 2024 132576 10097 Miners Hardware 816.63 Maintenance Supplies 132577 11172 Mullahey Ford 2,582.48 Vehicle Maintenance 132578 10039 New Times 383.00 Legal Advertising 132579 14343 ODP Business Solutions,LLC 107.46 Office&Kitchen Supplies 132580 14879 OneSource Distributors LLC 626.40 Maintenance Supplies 132581 13344 Pacific Gas and Electric CFM/PPC Dept 23,659.10 Electric Extension Agreement-Ventana Courts 132582 14102 PeakWiFi LLC 69.95 Internet Service-Lift Station Feb 2025 132583 14550 Phillco 153.90 Soft Water-Station 63 Jan-Feb 2025 132584 12335 Procare Janitorial Supply Inc 4,084.37 Janitorial Supplies 132585 13898 Quadient,Inc. 493.20 Neopost Postage Lease 10/16/24-01/15/25 132586 14613 Dennis Richardson 900.00 Instructor:Tennis with Dennis 12/7-12/28/24#11623 132587 13201 Rincon Consultants,Inc. 653.25 PEIR Report for GP/LCP&Zoning Code Update-Sept-Dec 2024 132588 14843 Schaaf&Wheeler,Consulting Civil Engineers 4,000.00 Drainage Master Plan-Dec 2024 132589 14557 Securitas Technology Corporation 870.57 Security Maintenance City Hall 132590 11168 Sherwin-Williams 63.66 Maintenance Supplies 132591 13913 Sivas Oil Co.,Inc 6,757.67 Gas&Diesel Delivery 1/30/25 132592 12171 State Water Resources Control Board 609,259.45 CWSRF C-06-4793-110 C#03810-550-0 P&I Debt Service 132593 10971 Giles Clayton Tuckfiield 390.00 Water and Wastewater Rate Study Nov 2024 132594 12620 Uline 1,954.45 MVR Facilities
132595 10014 United States Postal Service 1,500.00 Postage for Permit#2-Spring Clam Chronicle Mailing 132596 12622 USA Bluebook Acct:82507 453.51 Lab Supplies 132597 12527 Water Systems Consulting Inc 4,900.13 New Production Well-Dec 2024 132598 13548 Jodi Weimer 231.00 M&IE:POST Training 2/11-2/13/25 Council Agenda 3-4-2025 9.13-5
Packet Page 19

Attachment 2
City of Pismo Beach
Final Disbursement List Check Date 02/07/2025

US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
132599 13377 Willdan Financial Services 13,021.00 Comprehensive User Fee Study&Cost Allocation 9/28-12/27/24& Development Impact Fee Study-Dec 2024
132600 13490 WIP,Inc.-PBR Enterprises 175.00 Service Call 132601 15007 Monica Yorba 250.00 Deposit Refund DCP 1/25/25 Total: $ 806,954.13
Council Agenda 3-4-2025 9.13-6
Packet Page 20

Attachment 2
City of Pismo Beach
Final Disbursement List Check Date 02/14/2025

US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10002 Internal Revenue Service $ 104,582.62 Federal Income Tax PD 02/14/25 ACH 11208 SEIU Local 620 AFL/CIO 835.89 SEIU Dues PD 02/14/25 ACH 11305 Public Employees Retirement System 79,714.25 PERS Retirement from Springbrook EE&ER PD 02/14 &Replacement Benefit Contribution
ACH 12260 dba:Mission Square ICMA Retirement Trust-457 27,742.21 ICMA 457 Deferred Comp EE&ER PD 02/14/25 ACH 12305 Franchise Tax Board 19,886.51 SDI&State Income Tax PD 02/14/25 ACH 12360 CalPERS 457 Plan 561.67 PERS 457 Deferred Comp ER PD 02/14/25&Social Security Administration 218-Annual Fee
ACH 12708 dba:Mission Square ICMA Retirement Trust-Roth 575.00 ICMA Roth IRA PD 02/14/25 IRA
ACH 13455 Wex 454.57 Fuel for City Vehicles 01/07/25-02/06/25 132602 14078 5-Cities Community Service Foundation 46.00 5 Cities Men's Club Dues Jan 2025 132603 12624 AT&T 9391012187 3,229.98 PSF Internet-01/10/2025-02/09/2025 132604 12623 AT&T 9391012188 4,515.93 Phone Bill 01/10/2025-02/09/2025 132605 13278 AT&T 9391059148 1,846.31 Phone Bill-01/10/2025-02/09/2025 132606 13603 Francine Bracamonte 16.16 Office Supplies 132607 13269 Bianka Buchanan 303.00 M&IE:PARMA 2025 Annual Conference 2/23-2/26/25 132608 10626 California Highway Adoption Co 1,250.00 Highway 101 On/Off Ramp Mitigation January 2025 132609 14414 California State Disbursement Unit 415.38 Tax Withholding Order PD 02/14/25 132610 14771 California State Disbursement Unit 16.15 Tax Withholding Order#2 PD 02/14/25 132611 14876 California State Disbursement Unit 784.61 Tax Withholding Order PD 02/14/25 132612 13028 Jose Camacho 686.00 Mileage/M&IE:PAPA Seminar 2/18-2/21/25 132613 10085 Cannon Corp 180.00 Clarifier Bid Support-Dec 2024 132614 12506 CCGC,Inc Attn:AR 10,390.00 Public Safety Facility Special Inspections-Dec 2024 132615 11451 Channel Islands Technology Integrators'Group 13,263.00 Monthly Infrastructure Mgmt&Help Desk-Dec 2024 132616 11552 Agritec International Ltd CleanTech 498.44 MVR Oil Filter Disposal&Supplies Environmental
132617 15014 Collaboration LLC 6,000.00 Community Development Dept.Retreat Training 132618 14313 Culligan/Santa Maria 936.98 Drinking Water Jan 2025&Car Wash Filtration&Service 1/6/25&Soft Water Tank
132619 14997 Kolby Davenport 401.00 M&IE:BATI Interview&Interrogation Class 2/23-2/28/25 132620 12628 Dell Marketing LP 604.08 Computer Equipment 132621 11222 Drive Customs 3,500.00 Vehicle Maintenance 132622 13697 Dudek 1,600.00 GP/LCP Update 11/23/2024-12/27/2024 132623 11469 Eikhof Design Group Inc 1,720.00 Development Review-Oct-Dec 2024 132624 14325 Engeo Incorporated 5,648.59 Cliff/Ocean Storm Drain-Dec 2024 132625 14638 F&H Construction 921,925.77 Public Safety Facility-Dec 2024 132626 12904 FailSafe Testing,LLC 470.18 Annual Ladder Testing 132627 13846 Franchise Tax Board-Tax Withholding-2 50.00 Tax Withholding Order PD 02/14/25 132628 13575 Jorge Garcia 248.00 M&IE:ICMA Local Gov Reimagined 2/25-2/27/25 132629 13588 Kenneth John Guge III 432.00 Instructor:Central Coast Judo 1/1-1/29/25#11607 132630 14043 Health&Human Resource Center,Inc. 159.80 Employee Assistance Program for March 2025 132631 13628 Horizon West Auto Glass 252.00 Vehicle Maintenance 132632 14660 Interwest Consulting Group 435.00 Plan Review&Inspection-Public Safety Facility Dec 2024 132633 12255 Iron Mountain Information Mgmt,Inc 445.57 Shredding Services City Hall-12/25/2024-01/28/2025 132634 11828 Gordon Jackson 401.80 Mileage:Go West Summit 1/6-1/9/25 132635 14749 Michael James 640.40 Mileage/M&IE:PARMA 2025 Annual Conference 2/22-2/26/25 132636 14959 JD Humann Landscaping Inc. 2,600.00 James Way Tree Establishment-11/20/24-1/10/25 132637 14405 Mission Linen Supply 1,520.86 Uniforms/Floor Mats/Towels-Jan 2025 132638 14353 Motorola Solutions,Inc. 284.46 MVR Operations 132639 14878 Nevada State Treasurer 2.00 Garnishment Withholding Fee PD 02/14/25 132640 14343 ODP Business Solutions,LLC 383.04 Office Supplies 132641 10138 Online Solutions LLC 43,200.00 Citizenserve-Annual(24)Subscription Renewal 4/1/25-3/31/26 132642 12912 Pegboard 518.87 Office Supplies
132643 12022 Pismo Beach Police Officer's Association 1,380.12 POA Dues PD 02/14/25 132644 12613 Quinn Company 175.00 Equipment Maintenance 132645 15015 Jeff Roberson 500.00 Encroachment Permit Bond Release 132646 13994 SBRK Finance Holdings,Inc. 727.50 CivicPay IVR Transaction Fees Jan 2025 132647 14877 SCaDU 230.76 Garnishment Withholding PD 02/14/25 132648 14880 Scherle Specialties LLC 1,964.93 Vehicle Maintenance 132649 10533 SLO County Sheriff Department 4,259.69 CLETS Invoicing for 2025 132650 10532 SLO County Sheriff-Coroner 986.00 Crime Lab Services 10/1-11/6/24 132651 12290 State Of California-EDD 6,619.00 Unemployment Insurance 4 Qtr 2024 Council Agenda 3-4-2025 9.13-7
Packet Page 21

Attachment 2
City of Pismo Beach
Final Disbursement List Check Date 02/14/2025

US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
132652 12620 Uline 83.36 Evidence Supplies 132653 12982 Ultrex Business Products 15.00 Office Supplies 132654 15010 County of San Luis Obispo Veterans Services 264.00 Cancelled Event Rental Refund Office
132655 14034 Vital Records Holdings,LLC 198.74 Document Storage Feb 2025 132656 12686 Mark Wilson 686.00 Mileage/M&IE:PAPA Seminar 2/18-2/21/25 Total: $ 1,284,264.18
Council Agenda 3-4-2025 9.13-8
Packet Page 22

G\T Y OF

PISMO BEACH CITY COUNCIL STAFF REPORT
A�syoBt Agenda Item #9.D
Meeting Date: March 4, 2025
TITLE:

Annual Military Equipment Report Per California Assembly Bill 481 RECOMMENDATION:

No action recommended; for information only.

DISCUSSION:

Assembly Bill 481 (AB 481), codified at Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a "military equipment" use policy by ordinance, prior to the LEA funding, acquiring, or using military equipment as defined by the bill.

On April 5, 2022, the Council adopted Ordinance 0-2022-003 (Military Equipment Use Policy Ordinance), codified as Pismo Beach Municipal Code Chapter 9.26, in accordance with the requirements of AB 481. The bill requires that staff return to the Council annually to provide a report on the City's Military Equipment Policy and identify any necessary updates to the Policy (Attachment 1). The bill also requires staff to report any complaint(s) or concern(s) regarding the use of the equipment, results of any internal audits on the use of the equipment, the annual costs for the equipment, the quantity possessed by the agency, and the intention to purchase additional equipment in the following year.

Staff reviewed department records and determined there were no complaints or concerns raised regarding the use of the equipment in 2024. Staff's internal audit of the equipment use determined there were no violations of the City's Military Equipment Policy. An internal audit (Attachment 2) was completed for calendar year 2024 documenting the use of the equipment, the annual costs for the equipment, and the quantity possessed.

Staff does not intend to purchase any additional military equipment this year.

Conclusion and Recommendation
Staff does not recommend any changes be made to the Policy, and recommends that the Council accept this report as information only.

FISCAL IMPACT:

There is no direct fiscal impact from accepting the Annual Military Equipment Report.

ATTACHMENTS:

1. Pismo Beach Police Department Military Equipment Policy 707

2. Pismo Beach Police Department Military Use, Quantity, and Cost Audit Council Agenda 3-4-2025 9.C-1
Packet Page 23

Prepared by:

Dan Herlihy, Commander
Submitted by: Jeff Smith, Chief of Police
City Manager Approval:

Council Agenda 3-4-2025 9.C-2
Packet Page 24

Attachment 1
• Pismo Beach Police Department
' Pismo Beach PD Policy Manual
Military Equipment
707.1 PURPOSE AND SCOPE
This policy establishes guidelines for the acquisition, funding, use and reporting of "military equipment", as the term is defined in Government Code section 7070. This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481. These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items. 707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body—The elected or appointed body that oversees the Department.

Military equipment— Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks,or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater,excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Copyright Lexipol,LLC 2025/01/28,All Rights Reserved. Military Equipment- 1 Published with permission by Pismo Beach Police Department Council Agenda 3-4-2025 9.C-3
Packet Page 25

Pismo Beach Police Department Attachment 1
Pismo Beach PD Policy Manual
Military Equipment
707.2 POLICY
It is the policy of the Pismo Beach Police Department that there are legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare,safety,civil rights,and civil liberties before military equipment is funded,acquired,or used.

Members of the Pismo Beach Police Department shall comply with the provisions of Government Code § 7071 with respect to military equipment.
707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator.The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Pismo Beach Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website(Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 FUNDING
The Department shall seek council approval for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

The Department has authority to apply for funding prior to obtaining council approval in the case of exigent circumstances. The Department shall obtain council approval as soon as practicable. 707.5 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

Copyright Lexipol,LLC 2025/01/28,All Rights Reserved. Military Equipment-2 Published with permission by Pismo Beach Police Department Council Agenda 3-4-2025 9.C-4
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Pismo Beach Police Department Attachment 1
Pismo Beach PD Policy Manual
Military Equipment
(a) Unmanned Aerial Systems (UAS)

1. Description, quantity, capabilities, and purchase cost of current UAS. i. DJI Dual Enterprise Advanced

1. Cost: $5,500

2. Quantity: 1

3. Description: UAS that has color and infrared recording camera in addition to a detachable speaker and light. Approximately 30 minutes of flight time.

2. Purpose: To be used for aerial views of major crimes scenes, accident scenes, missing person searches, natural disaster management, SWAT or tactical missions, interior and exterior searches.

3. Authorized Use: Only assigned and trained UAS Pilots are authorized to operate PBPD UAS systems. All PBPD Pilots are certified by the FAA.

4. Life Span: 3-5 years.

5. Fiscal Impact: Annual maintenance and battery replacement is approximately $1500.

6. Training: All PBPD UAS operators are licensed by the Federal Aviation Administration for UAS operations. Additionally, each operator must complete the PBPD training course.

7. Legal and Procedural Rules: Use is established under FAA Regulation 14 CFR Part 107, and the PBPD UAS policy. It is the policy of the PBPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. (b) Mobile Command Vehicle

1. Description, quantity, capabilities, and purchase cost. i. 2021 LDV Command Vehicle

1. Cost: $378,000

2. Quantity: 1

3. Description: 32-foot self-sustained gas powered mobile command vehicle with dispatch capabilities and command and control office space.

2. Purpose: To be used as a mobile command post for large incidents, crime scenes, community events, emergencies, and tactical situations.

3. Authorized Use: Only officers trained the operation of the mobile command vehicle may drive/operate the vehicle.

4. Lifespan: 30 years.

5. Fiscal Impact: Annual Maintenance of$1000.

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Pismo Beach Police Department Attachment 1
Pismo Beach PD Policy Manual
Military Equipment

6. Training: Drivers/Operators of the MCV shall have approved PBPD training and appropriate State of California drivers license.

7. Legal and Procedural Rules: It is the policy of the Department to use the Mobile Command Vehicle only for official law enforcement purposes,and in accordance with California State law regarding the operation of motor vehicles. (c) 40mm Launchers and Rounds

1. Description, quantity, capabilities, and purchase cost. (a) Defense Technology, 40mm single shot launcher.

1. Cost: $870

2. Quantity: 8

3. Description: Single shot launcher that fires standard 40mm less lethal ammunition.

2. Purpose: To limit escalation of conflict where employment of lethal force is prohibited or undesirable.

3. Authorized Use: Situations for which the launchers may be used may include, but are not limited to:
(a) Self-destructive, dangerous, and/or combative behavior. (b) Riot/crowd control and civil unrest.
(c) Circumstances where a tactical advantage can be obtained. (d) Potentially vicious animals.
(e) Training exercised or approved demonstrations.

4. Lifespan: 15 years.

5. Fiscal Impact: Annual maintenance is estimated to be $100 annually.

6. Training: Sworn members using 40mm less lethal munitions are trained in their use by POST Certified instructors.

7. Legal and Procedural Rules: It is the policy of the PBPD to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force
(d) Less Lethal PepperBall Launcher

1. Description, quantity, capabilities, and purchase cost (a) PepperBall Launcher

1. Cost: $1,000

2. Quantity: 2

3. Description:PepperBall, Compressed-air powered launcher designed to fire non-lethal PepperBall projectiles.

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Pismo Beach Police Department Attachment 1
Pismo Beach PD Policy Manual
Military Equipment
(b) PepperBall Live Projectile

1. Cost: $1.00 per round

2. Quantity:500

3. Description: Non-lethal 1/2 inch round projectile for direct impact or area saturation. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-425 FPS. The projectile has a direct impact of 150ft and an area of saturation of 390+ft. The projectile contains 2.5% PAVA powder.
(c) PepperBall Glass Breaker Projectile

1. Cost: $2.00 per round

2. Quantity:20

3. Description: Non-lethal 1/2 inch round projectile for direct impact to break glass to allow the deployment of PepperBall Live Projectile.

Discharged from a PepperBall Launcher,the projectile has a velocity of 280-425 FPS and is designed to break glass.

2. Purpose: To limit escalation of conflict where employment of lethal force is prohibited or undesirable

3. Authorized Use: Situations for which the launchers/bean bags may be used may include, but are not limited to:
(a) Self-destructive, dangerous, and/or combative behavior (b) Riot/crowd control and civil unrest
(c) Circumstances where a tactical advantage can be obtained (d) Potentially vicious animals
(e) Training exercised or approved demonstrations

4. Lifespan:
(a) PepperBall Launcher- 15 years.
(b) PepperBall Live Projectile- 3 years.
(c) PepperBall Glass Breaker Projectile-5 years from date of manufacture.

5. Fiscal Impact: Annual maintenance is estimated to be $100 annually

6. Training: Sworn members using 40mm less lethal munitions are trained in their use by POST Certified instructors

7. Legal and Procedural Rules: It is the policy of the PBPD to utilize the PepperBall Launcher only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force (e) Rifles

1. Description, quantity, capabilities, and purchase cost Copyright Lexipol,LLC 2025/01/28,All Rights Reserved. Military Equipment-5 Published with permission by Pismo Beach Police Department Council Agenda 3-4-2025 9.C-7
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Pismo Beach Police Department Attachment 1
Pismo Beach PD Policy Manual
Military Equipment
(a) Colt M-4.223/5.56mm Caliber

1. Cost: $1300

2. Quantity: 3

3. Description: Guns that are fired from shoulder level, having a long spiral grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.
(b) Colt AR-15.223/5.56mm Caliber

1. Cost: $1,500

2. Quantity: 1

1. Cost: $1,000

2. Quantity: 16

1. Cost: $1,000

2. Quantity: 2

1. Cost: $1,500

2. Quantity: 2

1. Cost: $1,000

2. Quantity: 2

3. Description: Guns that are fired from shoulder level, having a long spiral grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

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Pismo Beach Police Department Attachment 1
Pismo Beach PD Policy Manual
Military Equipment
(g) Remington Bolt Action.308 sniper rifle

1. Cost: $5,000

2. Quantity: 1

1. Cost: $1,500

2. Quantity: 2

3. Description: Guns that are fired from shoulder level, having a long spiral grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

2. Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun.

3. Authorized Use: Use is limited to PBPD officers that are POST certified and trained in rifle use.

4. Lifespan: 20 years.

5. Fiscal Impact: Annual maintenance for the rifle is approximately $100.

6. Training: Prior to using a rifle, officers must be trained by POST instructors and must pass an annual qualification.

7. Legal and Procedural Rules: It is the policy of the PBPD to utilize rifiles only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
(f) Distraction Devices

1. Description, quantity, capabilities, and purchase cost (a) Defense Tech Low Roll Distraction Device

1. Cost: $50

2. Quantity: 9

3. Description: Distraction device that delivers a loud "bang" and flashing light.

2. Purpose: A distraction device is commonly used when trying to distract dangerous suspects during emergency situations such as hostage calls, search warrants, and violent crimes.These devices use atmospheric over-pressure and brilliant white light to temporarily distract for a tactical advantage.

3. Authorized Use: Distraction devices are only to be used by trained operators.

These devices are commonly used in high-risk situations commonly handled by a SWAT team.

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Pismo Beach Police Department Attachment 1
Pismo Beach PD Policy Manual
Military Equipment

4. Lifespan: No expiration.

5. Fiscal Impact: No annual maintenance.

6. Training: Prior to use,officers must attend and pass training provided by a POST certified instructor.

7. Legal and Procedural Rules: It is the policy of the PBPD to utilize distraction devices only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. (g) Tear Gas

1. Description, quantity, capabilities, and purchase cost (a) Defense Tech Riot Control Discharge Grenade, OC

1. Cost: $35/each

2. Quantity:20

3. Description: Delivers large plumes of smoke and OC agent.

2. Purpose: To limit the escalation of conflict where employment of lethal force of prohibited or undesirable.

3. Authorized Use: Only officers trained in the use of chemical agents by a POST certified trainer are authorized to deploy chemical agents.

4. Lifespan: 5 years from manufacturing date.

5. Fiscal Impact: No annual maintenance.

6. Training: Sworn members using chemical agents are to attend a POST certified training prior to use.

7. Legal and Procedural Rules: It is the policy of the PBPD to utilize tear gas only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
(h) Less Lethal Shotgun

1. Description, quantity, capabilities, and purchase cost. (a) Remington 870 Less Lethal Shotgun.

1. Cost: $900

2. Quantity: 2

3. Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation. The shotgun is distinguishable by an orange butt stock and fore grip. (b) Defense Technologies Beanbag round
Copyright Lexipol,LLC 2025/01/28,All Rights Reserved. Military Equipment-8 Published with permission by Pismo Beach Police Department Council Agenda 3-4-2025 9.C-10
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Pismo Beach Police Department Attachment 1
Pismo Beach PD Policy Manual
Military Equipment

1. Cost: $5

2. Quantity: 10

3. Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).

2. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

3. Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
(a) Self-destructive, dangerous and/or combative individuals. (b) Riot/crowd control and civil unrest incidents.
(c) Circumstances where a tactical advantage can be obtained. (d) Potentially vicious animals.
(e) Training exercises or approved demonstrations.

4. Lifespan:
(a) Remington 870 Less Lethal Shotgun- 25 years.
(b) Defense Technologies Beanbag round- No expiration.

5. Fiscal Impact: Annual maintenance is approximately$50.00 for each shotgun.

6. Training: All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training. SWAT personnel receive additional training internally when they transfer to the unit. SWAT operators who utilize these munitions have been through and successfully completed a POST approved school.

7. Legal and Procedural Rules: It is the policy of the PBPD to utilize the Less Lethal Shotguns only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. 707.6 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.

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Pismo Beach Police Department Attachment 1
Pismo Beach PD Policy Manual
Military Equipment
(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner,or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.7 COORDINATION WITH OTHER JURISDICTIONS
The Pismo Beach Police Department participates in the San Luis Obispo County Regional Special Weapons and Tactics (SWAT)team and works closely with other local, county, state, and federal law enforcement partners. In planned or exigent circumstances, and with the approval of the Chief of Police or their designee, military equipment may be deployed by these law enforcement partners to promote the safety and security of Pismo Beach community members. These agencies will have their own "Military Equipment" policy approved by their respective governing body. While operating in the jurisdiction of the City of Pismo Beach, the respective agencies will adhere to their department policy governing the use of military equipment. The Chief of Police or their designee will provide information during the annual report on the use of military equipment within the city limits of Pismo Beach by other law enforcement partners during Pismo Beach Police Department operational incidents.
707.8 MILITARY EQUIPMENT USE CONSIDERATIONS
The military equipment acquired and authorized by the Department is:
(a) Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(b) Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless exigent circumstances arise.
707.9 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the governing body for each type of military equipment Copyright Lexipol,LLC 2025/01/28,All Rights Reserved. Military Equipment- 10 Published with permission by Pismo Beach Police Department Council Agenda 3-4-2025 9.C-12
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Pismo Beach Police Department Attachment 1
Pismo Beach PD Policy Manual
Military Equipment
approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. (c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d) The total annual cost for each type of military equipment, including acquisition, personnel,training,transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e) The quantity possessed for each type of military equipment. 707.10 COMPLIANCE
The Operations Commander will ensure that all Department members comply with this policy. The Operations Commander will conduct an annual audit with the assistance of the Support Services Commander.The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Internal Affairs Division and handled in accordance with Policy 1019. Violations of this policy shall be subject to disciplinary action, up to and including termination of employment. All instances of non-compliance will be reported to City Council via the annual military equipment report.

Any member of the public can register a questions or concern regarding military use equipment by contacting the Pismo Beach Police Department's Operations Commander. A response to the question or concern shall be completed by the Operations Commander within 30 days.

Any member of the public can submit a complaint to any member of the Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Internal Affairs Division in accordance with Policy 1019 (Personnel Complaints). 707.11 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Copyright Lexipol,LLC 2025/01/28,All Rights Reserved. Military Equipment- 11 Published with permission by Pismo Beach Police Department Council Agenda 3-4-2025 9.C-13
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Attachment 2
Pismo Beach Police Department Military Equipment
Use and Inventory Log for Calendar Year 2024
Equipment Type Quantity Number of Uses Annual Cost Unmanned Aerial System (UAS)
DJI Drone 2 6 $ -
Mobile Command Vehicle 1 6 $ 300.00 40mm Less Lethal Single Shot
Launcher 8 0 $ -
Less Lethal PepperBall Launcher 2 0 $ - Rifle Colt M-4 .223
Caliber/5.56mm 3 0 $ -
Rifle Colt AR-15 .223
Caliber/5.56mm 1 0 $ -
Rifle Bushmaster XM-15 .223
Caliber/5.56mm 16 0 $ -
Rifle Aero Precision AP15 .223
Caliber/5.56mm 2 0 $ -
Rifle Colt LE69446CQB
.223Caliber/5.56mm 2 0 $ - Rifle Heckler& Koch 9mm MP5 2 0 $ - Rifle Remington Bolt Action .308
Caliber 1 0 $ -
Rifle Heckler& Koch HK416D
.223 Caliber/5.56mm 2 0 $ - Defense Tech Low Roll
Distraction Device 9 0 $ -
Defense Tech Riot Control Tear
Gas Grenade 20 0 $ -
Remington 870 Less Lethal
Shotgun 2 0 $ -
Defense Tech Beanbag Round 10 0 $ - Council Agenda 3-4-2025 9.C-14
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G\T Y OF

PISMO BEACH CITY COUNCIL STAFF REPORT
A�syoBt Agenda Item #9.D
Meeting Date: March 4, 2025
TITLE:

El Portal Drive and Shell Beach Road Red Curb
RECOMMENDATION:

Adopt a Resolution authorizing the installation of red curb on El Portal Drive at Shell Beach Road.

DISCUSSION:

At the December 12, 2024 Traffic Safety Committee (TSC) meeting, the committee reviewed a request from the Police Department to install red curb on both sides of the intersection of El Portal Drive and Shell Beach Road. Due to the proximity of the nearby Ontario Ridge trail, El Portal Drive is frequently used for cars to park for trail access. The TSC reviewed the request and due to sight distance issues created by parked cars at the intersection, the committee's recommendation was that the Public Works Department bring a recommendation to the City Council to install red curb at this location. The City Engineer has reviewed the location and is recommending 40 feet of red curb be installed on the north side and 42 feet of red curb be installed on the south side of the intersection starting at the tangent of the curb return on Shell Beach Road and El Portal Drive, as shown in Attachment 1.A. If approved, the Public Works Department will install the red curb as described.

Conclusion and Recommendation
Staff recommends the City Council adopt a Resolution (Attachment 1) authorizing the painting of red curb on El Portal Drive at Shell Beach Road as shown in Attachment 1.A.

FISCAL IMPACT:

There is no fiscal impact associated with this report.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: El Portal Red Curb
Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Rosemarie R. Gaglione, PE, Director of Public Works City Manager Approval:

Council Agenda 3-4-2025 9.13-1
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Attachment 1
RESOLUTION NO. R-2025-XXX

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

CALIFORNIA AUTHORIZING THE INSTALLATION OF RED CURB ON EL PORTAL

DRIVE AT SHELL BEACH ROAD
WHEREAS, the intersection of El Portal Drive and Shell Beach Road is frequently used to park cars due to the proximity of the nearby Ontario Ridge trail; and WHEREAS, at the December 12, 2024 Traffic Safety Committee (TSC) meeting, the committee reviewed a request from the Police Department to add red curb on both sides of the intersection of El Portal and Shell Beach Road; and WHEREAS, the TSC recommended the Public Works Department bring a recommendation to the City Council to install red curb to address sight distance issues created by parked cars at the intersection in accordance with Pismo Beach Municipal Code Section 10.08.010; and
WHEREAS, the City Engineer has reviewed the location and is recommending 40 feet of red curb be installed on the north side and 42 feet of red curb be installed on the south side of the intersection starting at the tangent of the curb return on Shell Beach Road and El Portal Drive.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the installation of red curb on El Portal Drive at Shell Beach Road as depicted in Exhibit A.

UPON MOTION OF Council Member , seconded by Council Member the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4' day of March 2025, 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 on
Erica Inderlied, City Clerk
Council Agenda 3-4-2025 9.D-2
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Attachment 1.A
�f
r f
A'
• 01' LiYs LJQ
,r—
R a - •
G`1 Y 0� REVISIONS
�o
CITY OF El Portal at Shell Beach Rd.
is �` PISMO BEACH PRAWN BY: Ep SCALE: DRAWING NO:
�O B�� DATE: 12/9/2024 SHEET NO: 1 OF 1
Council genda 3-4-2025 9.D-3
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G\T Y OF

PISMO BEACH CITY COUNCIL STAFF REPORT
A�syoBt Agenda Item #9.E
Meeting Date: March 4, 2025
TITLE:

Update on Massage Establishment and Massage Therapist Permit Fees RECOMMENDATION:

No action recommended; for information only.

DISCUSSION:

The City of Pismo Beach charges user fees on individuals or groups for the use of City facilities, resources, or services. As part of the City's cost recovery strategy, user fees help fund programs and services that provide a private benefit rather than a direct, citywide benefit. Without appropriate cost recovery, general tax revenues would subsidize private benefits, limiting funds available for essential community-wide services such as public safety and community programs.

The general standard is that individuals or groups who receive a private benefit from a service should pay 100% of cost. However, the City may choose to subsidize certain fees for policy reasons, such as encouraging participation in public programs, ensuring compliance when cost is prohibitive, and promoting access to essential services.

City Council Direction to Reduce Massage Permit Fees to $50 On February 24, 2025, the City Council held a City User Fee Study Session to review the proposed 2025 User Fee Schedule, which has been updated based on input from City staff and through a User Fee Study. Based on public testimony from massage establishments and massage therapists indicating the potential economic hardship posed by the massage therapist licensing fees, the City Council provided direction to staff and the City's consultant regarding reducing both the massage establishment biennial permit fee, which is currently $641 every 2 years, and the massage therapist permit fee, which is currently $607 per permit. These fees help cover the cost for the Police Department and its officers to investigate and review the business and therapist to ensure safe practices according to state and city laws.

The Council directed staff to modify those fees to be $50 for the massage establishment biennial permit fee every two years, and $50 for the massage therapist permit fee.

Because of this significant change, staff will move forward effective immediately to administratively reduce the fee to $50 for each fee. Staff will return to the Council at the March 18, 2025 meeting for final review and adoption of the entire fee schedule. The comprehensive fee schedule is proposed to be effective on July 1, 2025, except the massage licensing fees that would be effective March 18, 2025, per Council approval.

FISCAL IMPACT:

The fiscal impact of reducing the massage establishment biennial permit fee every two years and the massage therapist permit fee is providing a $557 to $591, respectively, General Fund subsidy for police services to investigate and review the safe practices Council Agenda 3-4-2025 9.E-1
Packet Page 40

according to state and city laws. This General Fund subsidy is roughly equal to $14,000 per year.

ATTACHMENTS:

None
Submitted by: Nadia Feeser, Administrative Services Director City Manager Approval:

Council Agenda 3-4-2025 9.E-2
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G\T Y OF

PISMO BEACH CITY COUNCIL STAFF REPORT
A�syo sEP Agenda Item #12.A
Meeting Date: March 4, 2025
TITLE:

Fire Preparedness and Safety Report
RECOMMENDATION:

No action recommended; for information only.

DISCUSSION:

On January 21, 2025, the City Council directed staff to return with a fire preparedness update presentation. City staff, Cal Fire Battalion Chief Paul Lee, and San Luis Obispo County Fire Safe Council Executive Director Dan Turner will deliver an update on Wildland Fire Safety. Topics covered will include:
• Wildland Fire Safety,
• Partnership with Fire Safe Council,
• City-initiated activities related to management and building construction, • Possible Municipal Code amendments,
• City water system capabilities to manage a fire, and • Fire Hazardous Severity Zone Maps.

FISCAL IMPACT:

The report is for informational purposes only and has no fiscal impact.

ATTACHMENTS:

None.

Prepared by:

Michelle Pearson, Administrative Assistant
Submitted by: Paul Lee, Battalion Chief
City Manager Approval: .fir
Council Agenda 3-4-2025 12.A-1
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G\T Y OF

PISMO BEACH CITY COUNCIL STAFF REPORT
A�syo Bt Agenda Item #12.13
Meeting Date: March 4, 2025
TITLE:

Introduction (First Reading) of Animal Control Regulations Ordinance; Introduction (First Reading) of 2025 Omnibus Municipal Code Cleanup Ordinance RECOMMENDATION:

2. Introduce an Ordinance implementing changes to various provisions of the Pismo Beach Municipal Code, including Chapters 1.24, 2.04, 3.06, 3.08, 5.16, 5.22, 5.24,

5.28. 12.16, 12.32, and 12.36.

DISCUSSION:

Animal Control Regulations Ordinance
The City contracts with the County of San Luis Obispo for the provision of animal control services within the city. In addition, the City has adopted and enforces select local animal control regulations, including dog leash requirements and permits for goatkeeping. Prior to this arrangement with the County, the City had enacted its own animal control regulations, and those regulations were left on the books after the service contract was effectuated. In the interest of eliminating regulatory conflicts and better-allowing the County to provide services, staff recommends that the City adopt the County's animal control regulations by reference and remove the defunct local provisions from the City code.

Summary of Proposed Animal Control Ordinance
The ordinance provided as Attachment 1 includes the following components:

1. Adoption of County animal control regulations (San Luis Obispo County Code Title 9) by reference. This will allow County officials, and City officials if needed, to enforce the County's general animal control regulations within Pismo Beach, per the City's contract with the County. Repeal of the City's animal control regulations (Pismo Beach Municipal Code Title 6) will eliminate complications and remove long-defunct regulations from the City's code.

2. Carve-out of Local Regulations. The City will reserve select local code provisions for local enforcement, by reinstating only those portions of the existing Title 6 that will need to continue to be enforced by the City, including:
• Dog leash laws.
• Prohibition of dogs on the pier, with the exception of service dogs.

Council Agenda 3-4-2025 12.13-1
Packet Page 43

• Goatkeeping permit regulations.
• Other miscellaneous animal control regulations that, for example, prohibit dangerous carnivorous animals, and require the management of noise and odor concerns in general.
• Prohibition on feeding birds in the creek and Cypress Street bridge area.

3. Penalties. In order for County or City animal control regulations to be enforced and prosecuted by the City, penalty provisions must be stated explicitly in the City's code, rather than adopted by reference. Violation of animal control regulations will be an infraction for a first offense, and a misdemeanor for a second offense with six months, subject to City Attorney review.

Procedure
Applicable Government Code provisions require an idiosyncratic noticing and adoption process for ordinances that adopt other regulations by reference. If the City Council acts to introduce this ordinance as recommended, the second reading is required to be calendared as a Public Hearing, with a full two weeks' public noticing period. In addition, a copy of the adopted code (SLOCC Title 9) must be on file in the Clerk's office throughout the noticing period, and on file in the office of the enforcement agency (the City Police Department) throughout the effective lifetime of the ordinance.

Omnibus Ordinance
The City Clerk and City Attorney maintain a running list of municipal code provisions that are known to be outdated or obsolete, or to contain typographical errors. In the interest of efficient use of staff time and financial resources, these minor, typically non-substantive changes are gathered into an omnibus ordinance along with other amendments not warranting stand-alone ordinances, and presented to Council no more than once a year.

Proposed changes for 2025, accumulated since the last omnibus ordinance was adopted in mid-2021, are summarized below and fully set forth in the draft ordinance provided as Attachment 2. For context, the City's complete Municipal Code is available online at pismobeach.org/municode. Further information, including strike-and-underscore exhibits of the proposed changes, may also be requested from the City Clerk's Office.

Summary of Proposed Changes
• Chapter 1.24 -Administrative Code Enforcement.

Largely non-substantive cleanup of terminology, numbering, and minor reorganization, to match contemporary (e.g. technological) practices and eliminate internal inconsistencies. In particular, this change will resolve an internal inconsistency regarding whether an appellant must appear at their appeal hearing in order for the matter to be carried. In addition, this revision will allow the hearing officer ten rather than two days to deliver their notice of decision, and clarifies that appeals must be filed by 5:00 p.m. on the tenth day following the date of citation.

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• Section 2.04.280 - Mayor and Council Emergency Succession.

Codifies emergency succession protocols for the Mayor and Council Members to assure continuity of government in the event a majority of the Council is absent or incapacitated, in accordance with the updated Emergency Operations Plan adopted in late 2024. If this ordinance is introduced, Resolution R-2020-022, which set forth the prior emergency succession scheme and matched the old Emergency Operations Plan, will need to be rescinded concurrent with the second reading of the ordinance.
• Section 2.08.050 B. - City Manager Powers and Duties.

Updates the titles of the Department Head positions supervised by the City Manager, to remove City Clerk, add the Assistant City Manager, and update the title of the Public Works Director. This revision matches actual practice and does not result in a functional change.
• Section 2.08.100 - City Manager Succession.

Updates the City Manager's official successors in the event or absence or incapacity, reflecting the relatively new position title of Assistant City Manager as the first successor. This revision matches actual practice and does not result in a functional change.
• Chapter 2.18 (formerly 2.42) -Advisory Body Member Qualifications.

Renames and relocates this chapter, which establishes the prohibition on felons serving on City advisory bodies, to a more germane location next to Planning Commission regulations in the code. This change eliminates the requirement that the position be filled "immediately," in the event the Council desires to allow a vacancy to remain unfilled for any reason. This revision will also memorialize the fact that additional advisory body service qualifications, such as residency or technical background, depending on the body, shall be set by Council resolution. • Section 3.06.005 - Electronic Submittal of Claims.

Formally codifies the practice of allowing liability claims to be submitted electronically. Brings the City into compliance with Government Code Section 915(a)(3) as amended by Senate Bill 1473. This revision matches actual practice and does not result in a functional change.
• Section 3.06.010 - Exempt Claims.

Clarifies that in general, the City's claims code (Chapter 3.06) governs the types of claims that are exempt from Government Code provisions pertaining to liability claims. This revision matches actual practice and does not result in a functional change.
• Section 3.06.035 - Class Actions.

Pursuant to the California Supreme Court's decision in McWilliams v. City of Long Beach, which held in part that cities cannot prohibit the filing of class action lawsuits, a provision of the City's code prohibiting class actions will be repealed.

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• Chapter 3.08- Purchasing.

Removes references to specific, outdated dollar-amount thresholds for purchasing authority and procurements; and instead states that such thresholds will be established by resolution of the City Council from time to time (i.e. in the form of the Purchasing Policy). In addition, this change will modernize references to bidding procedures that are now undertaken entirely electronically. • Chapter 5.16- Cardroom Licensing.

Removes provisions for licensing of card rooms, of which none currently exist in the city, and enacts a prohibition on card rooms instead. References to card room licensing will also be removed from Chapter 5.04.
• Section 5.22.050(C) - Vacation Rental Noticing.

Removes the requirement that proprietors of licensed Vacation Rentals send an annual notice to properties in the proximity regarding the existence of the Vacation Rental.
• Section 5.24.170— Fees and Penalties for False Alarms.

Provides that fees for false alarms generated by privately-owned alarm systems will be set by resolution of the City Council, in the same manner as other fees, and sets forth the structure for assessment of penalties upon unpaid invoices. • Chapter 5.28 - Solicitors and Peddlers.

Removes the current limitation on the definitions of "soliciting" and "peddling" to activities occurring on residential premises, to provide greater enforcement ability (i.e. in commercial areas) and eliminate internal inconsistencies. This change will also clarify the evening hours during which peddling and soliciting are prohibited outright.
• Section 12.16.070 - Logo Use for Special Events.

Allows the City Manager to authorize use of official City insignia for special events where the City is a sponsor, as well as for any other occasions where the City might want to give authorization. Prior code vested the authority in the Tourism and Events Director and was limited to events where the City had provided sponsorship consideration. This change will also strengthen the code language around unauthorized use of City insignia.
• Chapter 12.32 - Encroachments
Clarifies that a project requiring an Encroachment Agreement for a durable encroachment in the City's right-of-way must start by applying for an Encroachment Permit. In general, this change will better-define, and draw a clearer distinction between, Encroachment Permits and Encroachment Agreements. • Chapter 12.36 - Pavement Cuts.

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newly-laid pavement) until 5 years from the completion of the entire paving project, which sometimes spans multiple years. In addition, the meaning of an "excavation waiver" will be clarified to indicate that the waiver constitutes authorization to cut into a street that is currently under moratorium due to extenuating circumstances, but does not constitute a reprieve from the other requirements of the Chapter. • Various - "Public Works Director/City Engineer" Title.

Splits a number of existing references to the combined job title Public Works Director/City Engineer, as no employee currently holds said title. References will be changed to Public Works Director, retaining the flexibility for a designee such as the City Engineer to perform the duties when appropriate.

Alternatives

1. Introduce the ordinance(s) with revisions.

2. Introduce the ordinance(s); conduct first reading(s) in full.

3. Decline to introduce the ordinance(s); provide direction to staff.

Conclusion and Recommendation
Staff recommends that the Council introduce 1) an ordinance (Attachment 1) adopting San Luis Obispo County animal control regulations by reference; and 2) an omnibus ordinance (Attachment 2) effecting the cleanup of sections throughout the municipal code.

If the Council acts to introduce the ordinance(s) as recommended, both will be returned for second reading and adoption at the March 18, 2024 meeting. In accordance with Government Code requirements for ordinances that adopt other codes by reference, the March 18, 2024 proceedings will be scheduled as a public hearing.

FISCAL IMPACT:

There is no anticipated fiscal impact from this request or from any of the code changes proposed herein. If adopted, the codification of this ordinance will be absorbed by the adopted City Clerk Division budget.

ATTACHMENTS:

1. Draft animal control regulations ordinance

2. Draft omnibus ordinance
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:

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Attachment 1
ORDINANCE NO. 0-2025-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADOPTING BY REFERENCE TITLE 9: ANIMALS OF THE SAN LUIS

OBISPO COUNTY CODE, AND RESERVING CERTAIN LOCAL ANIMAL CONTROL REGULATIONS AS SET FORTH IN TITLE 6: ANIMALS OF THE CITY OF PISMO

BEACH MUNICIPAL CODE
WHEREAS, Government Code Sections 50022.2 through 50022.9 provide that a local agency may adopt by reference the codes of another local agency, specifically including cities that wish to adopt county codes by reference, provided specified requirements are met; and
WHEREAS, the City of Pismo Beach contracts with the County of San Luis Obispo, California for animal control services, and uniformity between the two agencies' animal control regulations will ensure ease of administration and enforcement of the codes; and WHEREAS, the City of Pismo Beach desires to retain local provisions specific to Pismo Beach, including existing dog leash laws and regulations for goat-keeping permits.

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.

Title 6 of the Pismo Beach Municipal Code is hereby revised to read in its entirety as follows:

Title 6 ANIMALS
Chapter 6.02 COUNTY ANIMAL CONTROL REGULATIONS

6.02.020 County animal control regulations adopted by reference.

A. Title 9: Animals of the San Luis Obispo County Code is hereby adopted into the Municipal Code of the City of Pismo Beach by reference and incorporated as though fully set forth herein.

B. In accordance with Section 50022.6 of the Government Code of the State of California, at least one copy of Title 9: Animals of the San Luis Obispo County Code shall be kept in the office of the City's enforcement officer for as long as this ordinance remains in effect.

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Attachment 1
Chapter 6.04 CITY ANIMAL CONTROL REGULATIONS

6.04.020 City animal control regulations.

Notwithstanding the provisions of Section 6.02.020, the City hereby reserves the local animal control regulations set forth in this chapter.

6.04.040 Definitions.

For the purposes of this chapter:
"City" shall mean the City of Pismo Beach.
"Household pet" shall mean any animal normally kept for purposes of companionship or amusement, as opposed to commercial purposes or for hobby breeding. Household pets include, but are not limited to, cats, dogs, canaries, parrots, fish, rodents, rabbits, turtles, lizards, and snakes.

6.04.060 Animal raising.

With the exception of goats, the raising or keeping of animals is allowed without a land use permit, subject to the standards of this section.

A. General standards.

1. Household pets. Household pets are generally exempt from this Chapter, except that standards for cleanliness, restraint, and noise, and other requirements set forth in this Subsection A. shall apply to the keeping of animals considered to be household pets. Further, prohibited animals described in Subsection B. shall not be considered household pets under any circumstances.

2. Maintenance. Corrals, pens, feed areas, paddocks, stables, and permanently fenced pasture are to be maintained free from litter, garbage and the accumulation of manure.

3. Animal restraint and shelter. No person shall permit any animal to be or remain during the nighttime secured by a stake or any other manner other than by enclosing such animal in a pen, corral, or barn sufficient and adequate to restrain such animal.

4. Overall animal density. Unless a larger number is allowed through development plan approval, the maximum number of animals allowed on a single site is the cumulative total of any two (2) animal densities set by Subsection C. of this section.

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Attachment 1

5. Noise and other nuisances. No animal shall be kept which is noisy, dangerous, or in some way prevents the full use and enjoyment of neighboring properties.

B. The intentional raising or keeping of the following animals is prohibited in the city:

1. Bees.

2. Hogs, pigs, and swine of any description.

3. Animals of the Mustelidae family, including but not limited to mink and ferrets, and any other carnivorous animals of similar size at maturity.

4. Turkeys.

5. Lions, tigers, poisonous snakes, alligators, and other typically wild animals able or likely to inflict serious physical injury or property damage.

C. The intentional raising or keeping of the following animals is permitted under the following conditions:

1. Birds. Facilities for the raising of ten (10) or fewer domestic birds or birds intended for sale in pet shops as a home occupation, excluding poultry or game fowl, are allowed with no minimum site area.

Domestic birds are defined as canaries, parrots, and other birds which are small and tame.

2. Cattle and horses.
a. Minimum site area. One (1) acre;
b. Animal density. Maximum number of animals allowed is one (1) per acre;
C. Setbacks. Corrals and other animal enclosures shall be located at least one hundred (100) feet from any residence other than that of the animal owner.

3. Game, fowl, poultry, and rabbits, including other non-carnivorous animals of similar size, but not including turkeys.
a. Limitations. Except on parcels of two (2) acres or larger, where all adjoining parcels are of equivalent size or larger, no Council Agenda 3-4-2025 12.13-8
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male fowl or poultry may be kept or raised in any residential zone;
b. Minimum site area. two thousand five hundred (2,500) square feet;
C. Enclosure required. All game fowl, poultry, and rabbits shall be contained in covered coops or pens, and not allowed to run free of a site;
d. Animal density. The number of game fowl and poultry is limited to a ratio of one (1) mature animal per two thousand (2,000) square feet of lot area. The maximum number of animals is twenty-five (25);
e. Setbacks. Animal enclosures shall be located a minimum of twenty-five (25) feet from any residence on an adjoining lot, and seventy-five (75) feet if more than five (5) game fowl or poultry are kept.

4. Sheep.
a. Minimum site area. One (1) acre;
b. Animal density. The number of animals allowed is four (4) per acre;
C. Setbacks. Animal enclosures shall be located a minimum of fifty (50) feet from any residence on an adjoining lot.

5. Goats. With approval of a permit by the community development director, goats may be kept or raised on private property subject to the following requirements:
a. Minimum site area. The minimum lot size required for the keeping of goats is nine thousand square (9,000) feet;
b. Animal density.

Number of Goats Minimum Lot Area Required
2 9,000 sq. ft. - 13,999 sq. ft.
3 14,000 sq. ft. - 18,999 sq. ft.
4 Greater than 19,000 sq. ft.

No more than four (4) goats shall be allowed on any lot within the city;
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C. A permit for keeping or raising goats shall only be granted upon a showing by the applicant that appropriate provisions have been made for sanitation, care, caging, and odor control appropriate for the breed of goat for which the permit is requested;
d. Setbacks. All accessory structures used for the purpose of housing or keeping animals shall be set back a distance of at least ten (10) feet from a property line;
e. No accessory building, structure or pen shall occupy any portion of a front yard or side yard on a street.
f. Permit conditions. In addition to the general standards found in this section and any conditions of permit approval deemed necessary by the community development director, the following conditions shall apply to all permits for keeping and raising goats on private property:
i. No goat(s) shall be allowed to devegetate an area so as to cause erosion;
ii. Should goat feces accumulate and create an odor problem, the feces shall be immediately cleaned up
from the site;
iii. Goats shall be kept at least twenty-five (25) feet (measured in a horizontal distance) from any open water drainage system;
iv. No permit shall be issued if another permit is in force within two hundred (200) feet of any property boundary;
V. The guardian/owner of the goats or person in charge
shall agree to hold the city harmless from all liability and costs in the event of any damage, injury, or accident caused by such goats, whether unintentional,
intentional, and/or negligent.
g. Review. Approval is granted for a one (1) year trial period and the keeping or raising of goats on the subject property shall be reviewed by the city's animal control officer, community development director or their designee after the one (1) year Council Agenda 3-4-2025 12.13-10
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Attachment 1
trial period to determine if the permit allowing goats should be continued, further conditioned, or revoked;
h. Notice. Owners and tenants of properties within three hundred (300) feet of a site for which an application for permit to keep or raise goats has been submitted shall be notified by mail at least ten (10) days before community development director consideration of the permit request;
i. Appeal. In case an applicant or any other person is not satisfied with the action of the community development director on a permit decision, the person may appeal the decision in writing within ten (10) days to the city council, subject to payment of an appeal fee which may be established by the city council. An appeal must be filed with the city clerk in writing within ten (10) days of the applicant being notified in writing of the community development director's decision. If notice of the community development director's decision is mailed, the applicant must file an appeal within fifteen (15) days from the date of mailing of the decision. The city clerk shall set the matter for hearing before the city council within forty-five (45) days of receiving the written appeal. The city council shall deny the appeal and affirm the decision of the community development director unless it finds the community development director abused the director's discretion by being arbitrary and capricious or the decision otherwise violates the law. If the city council grants the appeal and overrules the decision of the community development director, it shall make written findings and determinations supporting its decision based upon the testimony and documents presented to it at the hearing, and shall adopt its written findings and determination within fourteen days (14) of the close of the hearing on the matter;
j. Weed abatement exempt. The short-term use of goats for weed abatement purposes does not require permit approval and is not subject to the conditions listed above.

D. Nonconforming keeping of animals.

The keeping of types or numbers of animals not allowed by Section

6.04.060 of this Code may be continued provided that:

1. The number of animals existing on the effective date of Ordinance 0-335 which originally enacted this title, to wit, April 25, 1984, is not to be increased except as provided in Section 6.04.060; Council Agenda 3-4-2025 12.B-11
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2. New offspring of existing animals may be retained on-site until weaned, after which the new animals are to be removed;

3. Deceased or relocated animals are not to be replaced;

4. Public Nuisances. Though this section provides for the keeping of animals that are not in conformity with this section, such use may be declared a public nuisance by the city council and abated as provided in the municipal code, where the use is found by the city council to be dangerous or to prevent the full use and enjoyment of neighboring properties.

6.04.080 Dog leash law.

A. Any person owning and/or possessing a dog must keep the animal on a leash not exceeding six (6) feet in length. Further, the leash must be held by a person capable of controlling such dog.

B. Exceptions. A dog can be unleashed under any of the following circumstances:

1. When the dog is on private property of the owner or of another who has consented and is either:
a. Contained on the enclosed property of the owner or of another who has consented; or
b. Is under control of a person who is in the presence of the dog; or

2. When the dog is assisting a peace officer who is engaged in law enforcement duties; or

3. When the dog is in designated parks, as specified in a resolution of the city council.

6.04.100 Dogs prohibited on pier; exceptions.

A. Except as provided in Subsection B. of this Section, it is unlawful for any person owning, having an interest in, harboring or having charge of the care, custody, control or possession of any dog to cause or permit such dog to be on the city pier.

B. The prohibition set forth in Subsection A. shall not apply to any dog meeting the definition of a service dog under the Americans with Disabilities Act of Council Agenda 3-4-2025 12.113-12
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Attachment 1
1990 (ADA), when such dog is accompanying a disabled person requiring the assistance of such dog; or when such dog is receiving training by a person licensed to train guide dogs.

6.04.120 Law enforcement canines.

Dogs used by or under the authority of the police department or other law enforcement agency for law enforcement purposes shall be exempt from all restrictions and prohibitions contained in this title.

6.04.140 Feeding of birds adjacent to Pismo Creek and on Cypress Street Bridge—Prohibited.

A. On the Cypress Street Bridge, or within one hundred (100) feet of the bank of Pismo Creek, it is unlawful to:

1. Feed any pigeon, seagull, or any other bird;

2. Disperse any food material or other matter edible by pigeons, seagulls, or and other any bird so as to make such material or matter available to pigeons, seagulls, or other birds for ingestion; or

3. Permit any food or other matter edible by pigeons, seagulls, or any other bird to remain on the ground after dispersing or dropping the same.

B. The provisions of this section shall not apply to any public officer or public employee in the performance of the officer's duties.

Chapter 6.06 Conflicts and Penalties

6.06.020 Conflicts.

In the event the locally reserved animal control regulations set forth in Chapter

6.04 are found to conflict with provisions of the San Luis Obispo County Code as adopted by reference by Chapter 6.02, the locally reserved regulations shall control.

6.06.040 Penalties.

A. Notwithstanding anything to the contrary San Luis Obispo County Code Title 9, a violation of any provision of this Title shall constitute an infraction for the first offense. Any subsequent violation occurring within six (6) months after the first violation shall constitute a misdemeanor.

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B. At the discretion of the city attorney, any violation identified as a misdemeanor in this title may be prosecuted as an infraction.

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 (30t") 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 t" day of 2025, on motion of Council Member seconded by Council Member and on the following roll call vote, to wit:

AYES:

NOES:

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ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this t" day of ) 2025, 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
Ani

CERTIFICATION OF ORDINANCE POSTING
Government Code §40806
STATE OF CALIFORNIA }
} ss.

COUNTY OF SAN LUIS OBISPO }
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. 0-2025-XXX, titled XXXX, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days Council Agenda 3-4-2025 12.13-15
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of adoption thereof, pursuant to the requirements of California Government Code Section 36933.

Dated this t" day of 2025. Witness my hand and official seal.

Erica Inderlied, City Clerk
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Attachment 2
ORDINANCE NO. 0-2025-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA IMPLEMENTING VARIOUS CHANGES TO THE CITY OF PISMO BEACH MUNICIPAL CODE, INCLUDING CHAPTERS 1.24, 2.04, 3.06, 3.08, 5.16,

5.22, 5.24, 5.28. 12.16, 12.32, and 12.36
WHEREAS, it is necessary and desirable to periodically implement omnibus corrections to outdated and inadvertently erroneous components of the City's Municipal Code; and WHEREAS, the City further seeks to implement certain other code provisions that will improve its ability to enhance the welfare of city residents and visitors.

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.

Chapter 1.24 of the Pismo Beach Municipal Code is hereby revised to read in its entirety as follows:

Chapter 1.24 ADMINISTRATIVE CODE ENFORCEMENT PROCEDURE

1.24.010 Purpose—Adoption of administrative guidelines.

The purpose of this chapter is to enable the city to impose and collect civil administrative fines in conjunction with the enforcement of provisions of this code.

Notwithstanding the provisions herein, the city has, and shall continue to employ, the philosophy of voluntary compliance when seeking compliance with this code.

Prior to the implementation of the enforcement policies and penalties stated herein, voluntary compliance approaches, when practical, should first be used in order to educate city property owners and businesses concerning the requirements of this code and the corrective action necessary to correct a violation of this code.

1.24.020 Applicability.

A. Enforcement of the Municipal Code. This chapter makes any violation of the provisions of the Pismo Beach Municipal Code, including but not limited to all construction and property maintenance codes adopted by reference and amended pursuant to Title 15 of this Code, subject to administrative fines.

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B. Administrative authority. This chapter establishes the procedures for the imposition, enforcement, collection, and review of civil administrative fines pursuant to Section 53069.4 of the California Government Code.

C. Remedies not exclusive. The use of the administrative enforcement remedies provided by this chapter is solely at the city's discretion. By adopting this chapter, the city does not intend to limit its discretion to choose the use of any other remedy, civil or criminal, or other administrative procedures, for the abatement of such violations that the city may select in a particular case, including procedures for the imposition of civil or criminal penalties.

D. Strict liability of the owner. Because serious code violations may impact public health, welfare, and safety and the adequacy and safety of housing, this chapter is intended to impose strict civil liability upon the owners of real property (or the owner of a business where the violation is caused by or relates to the operation of a business) for all violations of the Pismo Beach Municipal Code which may occur in the city of Pismo Beach regardless of the existence of specific or general intent or prior knowledge of such violations and, further, regardless of any intent (or lack thereof) to violate the code.

1.24.030 Definitions.

The following definitions apply to the use of these terms for the purposes of this chapter:

A. "Code violation" means any violation of the Pismo Beach Municipal Code.

B. "Director" means the department head, or designee as approved by the City Manager, responsible for enforcing the municipal code with respect to the Director's department.

C. "Enforcement officer" means those city employees designated by the director and all peace officers providing law enforcement services in the city of Pismo Beach.

D. "Hearing officer" means the person designated to serve as the hearing officer for administrative hearings. The hearing officer shall be a city department head, or designee, from a city department other than the department that issued the administrative citation. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of notice of administrative citation fines upheld by the hearing officer.

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E. "Issued" means giving, mailing, or posting a notice of administrative citation to a person where "issuance" is deemed to have occurred on the earlier of the date when a notice of administrative citation is personally served on a person, the date it is mailed to a person by posting in the regular United States mail, or the date it is physically posted on real property where a property related code violation is occurring.

F. "Notice of administrative citation" means an official city Municipal Code violation notice issued to a person(s) notifying them that they are in violation of the Pismo Beach Municipal Code with respect to certain real property or the operation of a certain business. In the case of an initial notice, if the violation has not been corrected by a specified date, a civil administrative fine will be imposed. Subsequent notices regarding the same type of violation, within any twelve (12) month period, may be cause for imposing additional administrative fines without warning.

G. "Person" means any of the following:

1. An individual who causes a code violation to occur.

2. An individual who maintains or allows a code violation to continue, by their action or failure to act in a lawful manner.

3. An individual whose agent, employee, or independent contractor causes a code violation by its action or failure to act in a lawful manner.

4. An individual who is an owner of real property where a property related code violation occurs.

5. An individual who is an owner of a business or who is the on-site manager of a business and who normally works at the site when the business is open and is responsible for the activities at such premises.

For purposes of this subsection "person" includes a natural person or a legal entity including but not limited to, the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. There shall be a legally rebuttable presumption that the record owner of a parcel as listed on the county's latest equalized property tax assessment rolls is the person responsible for a code violation on such parcel. In addition, where applicable, a commercial lessee, sublessee, or operator of a business on a parcel shall be presumed responsible for code violations relating to the operation of the business on that parcel.

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1.24.040 Authority to enforce administrative remedies.

A. Limitations. Nothing in this chapter shall be construed or interpreted as providing a code enforcement officer designated by the director with the authority to enforce any provision of the California Penal Code, the California Vehicle Code or any other statute that is specifically required to be enforced solely by the city's law enforcement agency.

B. Persons to retain exclusive authority. Nothing in this chapter shall limit or otherwise restrict any employee, agent or official of the city from exercising any exclusive authority to enforce any law or regulation as provided by any applicable statute, regulation, or policy.

C Right to inspect. Enforcement officers are authorized to inspect all real property and other premises to ascertain whether such real property and other premises are in full compliance with the provisions of this Code and/or applicable statutes, codes and regulations. All such inspections shall be conducted in such a manner as to be consistent with this code, all state and federal law, and the constitutions of the United States and the State of California.

1.24.050 Maintaining public nuisances prohibited.

Pursuant to the authority of Section 38771 of the California Government Code, any continuing violation of the Pismo Beach Municipal Code constitutes a public nuisance. Therefore, any person owning or having possession of any real property in the City of Pismo Beach who is in violation of any provision of the Pismo Beach Municipal Code may be determined to be maintaining a public nuisance; provided, however, that it shall not be the intent of the city that this chapter preempt any private nuisance right of action or any and all other legal remedies available to private parties to abate such nuisances.

1.24.060 Abatement of unlawful conditions—Administrative citation.

A. Inspections. Whenever an enforcement officer charged with the enforcement of any provision of this code inspects a property and determines that conditions constituting a violation of the Municipal Code exist thereon, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.

B. Development review conditions. Every person who applies for and receives a permit, license, or any type of land use approval (such as, but not limited to, a development review approval, a subdivision map approval, a conditional or special use permit, a zoning requirement modification, a variance, or other discretionary approval) shall comply with all mandatory approval conditions imposed upon the issuance of the permit, license, or Council Agenda 3-4-2025 12.113-20
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other such approval. If a person violates any condition of such permit, license, or similar land use approval, that person may be issued an administrative citation.

C. Notice of administrative citation issuance. The enforcement officer shall generally issue a notice of administrative citation to the owner or owners of the real property upon which the violation exists as the person presumed under this chapter to be responsible for the violation, or to any other person deemed responsible for the violation. A person to whom a notice of administrative citation is issued shall be liable for and shall pay to the city the administrative fine or fines described in the notice of administrative citation when due pursuant to the provision of this chapter. Each administrative citation shall contain the following information:

1. The date of the violation;

2. The address or a definite description of the location where the violation occurred;

3. The section of this code violated and a brief description of the violation;

4. The amount of the fine for the code violation;

5. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

6. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

7. A description of the administrative citation appeal process, including the time within which the administrative citation may be contested and the city office from which a request for hearing form to appeal the administrative citation may be obtained;

8. The name and signature of the citing enforcement officer.

D. Continuing violations. Each day a violation of this code exists shall be a separate and distinct violation and may be subject to a separate administrative fine. A notice of administrative citation may charge a violation for one or more days on which a violation exists and for violation of one or more applicable code sections. Pursuant to Section 53069.4(a)(2)(A) of the Government Code, a person responsible for a continuing violation shall be given not less than two (2) calendar days to correct or otherwise remedy a continuing violation before a subsequent citation may be issued.

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E. Prior violations. The city may take into consideration the fact that a person has been previously issued a notice of administrative citation when the city is determining whether to accept an application or to grant any permit, license or any similar type of land use approval for that person, and such notice of administrative citation may be used as evidence that the person has committed acts that are not compatible with the health, safety, and general welfare of other persons and businesses within the city.

F. Service of notice. The notice of administrative citation and any amended notice of administrative citation shall be served as provided in Section

1.24.150 of this Code.

1.24.070 Extensions of time.

If the director receives a request from any person required to comply with a notice of administrative citation, the director may grant an extension of any fine due date or abatement deadline if the director determines that such an extension of time will not create or perpetuate imminent danger to the public health and safety. The director shall have the authority to place reasonable conditions on such an extension.

1.24.080 Amount of fines.

A. Amount of fine. The amounts of the fines for code violations imposed pursuant to an administrative citation shall be set forth in a schedule of fines established by resolution of the city council and shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 36900 of the California Government Code. In the event no fine is specified in the schedule of fines authorized by this section, the maximum fines shall be those set forth in Section 36900 of the California Government Code.

B. Repeat violations. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person.

C. Late payment charges. Any person who fails to pay to the city any fine imposed pursuant to an administrative citation on or before the date that the fine is due shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines.

1.24.090 Payment of fines.

A. Due date. The fine shall be paid to the city within thirty (30) days from the date of the issuance of the administrative citation, or, in the event of an appeal, as determined by the hearing administrator.

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B. Refunds. Any administrative citation fine paid pursuant to Section 1 .24.080 A. of this Code shall be refunded if it is determined by the hearing administrator, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

C. Further violations. Payment of an administrative citation fine shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. The issuance of a notice of administrative citation or the payment of a fine does not preclude the city from taking any other enforcement or legal action regarding a code violation that is not corrected, including issuing additional notices of administrative citation or the initiation of criminal or civil proceedings.

1.24.100 Appeal of notice of administrative citation.

A. Appeal to hearing administrator. Any person aggrieved by the action of the enforcement officer in issuing a notice of administrative citation pursuant to the provisions of this chapter may appeal such notice to the hearing administrator. If no appeal is filed within ten (10) business days of the date of issuance of the notice of administrative citation, the order of the enforcement officer shall be deemed final.

B. Corrections. Revocation of the notice of administrative citation by the hearing officer or voluntary abatement of the nuisance either on or prior to the notice of administrative citation due date, and any authorized extensions thereto, shall cause the case to be closed.

C. Citation appeals. To appeal a notice of administrative citation, the person receiving the notice (the "appellant") shall file a signed written request complying with this chapter. An appellant may appeal the notice of administrative citation by denying that a violation occurred, by alleging that a violation was corrected within the required correction period or, if applicable, by establishing that the appellant was not the owner of the real property or the owner of the business at the time the violation should have been corrected.

D. Receipt of an appeal. To be effective, the citation appeal must be received by the city clerk, or designee, not later than 5:00 p.m. ten (10) business days after the date the notice of administrative citation was issued. Where an appeal is submitted by mail, the appeal shall be deemed filed on the date actually received by the city clerk. Failure by the appellant to timely request an appeal shall be deemed a waiver of the right to appeal. The appellant shall be responsible for ensuring timely receipt of the appeal by the city clerk, regardless of the method of transmission of the appeal.

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1.24.110 Hearing procedures.

A. Time and place of hearings. Hearings shall be conducted by a hearing administrator on the date, time and place specified by the city not less than ten (10) days and not more than twenty days (20) from the date the appeal request is received. As soon as practicable after scheduling the hearing, the hearing administrator or city clerk shall prepare a notice of administrative citation appeal hearing, which shall be in substantially the following form:
"You are hereby notified that a hearing will be held before the Administrative Hearing Officer at on the day of , to hear your appeal of the administrative citation issued or otherwise served upon you.

You must appear at the hearing, or obtain a continuance in accordance with Municipal Code Section 1.24.110(F), otherwise your appeal will be deemed abandoned. You may be, but need not be, represented by an attorney. You may testify at the hearing and present any relevant evidence prior to and/or at the hearing."
The notice of administrative citation appeal shall be served by mail or personal service as provided in Section 1.24.150 of this Code.

B. Appeal records. The city clerk or designee shall ensure that the pertinent notice of administrative citation, together with the enforcement officer's evidence file if requested by the hearing administrator, is delivered to the hearing administrator in sufficient time prior to the appeal hearing. Before the hearing, the city clerk shall also make available to the appellant a copy of any information concerning the notice of administrative citation which will be provided to the hearing administrator.

C. Presentation of evidence. At the hearing, the appellant shall be given the opportunity to testify and to present evidence relevant to the code violation specified in the notice of administrative citation.

D. Use of reports as evidence. The notice of administrative citation and any other reports prepared by the enforcement officer or the director concerning a code violation or attempted correction of a code violation that are provided to the hearing administrator shall be accepted by the hearing administrator as prima facie evidence of the code violation and the facts stated in such documents.

E. Witnesses and additional evidence. Neither the enforcement officer nor any other representative of the city shall be required to attend the appeal hearing, nor shall the hearing administrator require that there be submitted any evidence, other than the notice of administrative citation, that may exist among the public records of the city with respect to the violation. However, Council Agenda 3-4-2025 12.113-24
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any such appearance or submission may be made at the discretion of the director.

F. Continuances. The hearing administrator may continue an appeal hearing if a request is made showing good cause by the appellant or the director.

All continuance requests shall either: (1) be made in person at the hearing by the appellant or appellant's representative if the appellant is physically unable to attend; or (2) be made by a written request received from the director or the appellant prior to the hearing. If the continuance is granted, a new hearing date shall be set within thirty (30) days. If the continuance is denied, the hearing shall proceed then and there as scheduled, and if the appellant is not present the appeal request(s) shall be deemed abandoned in accordance with subsection H. of this section.

G. Rules of evidence. The appeal hearing shall be conducted informally and the legal or formal rules of evidence need not be followed. The hearing administrator does not have the authority to issue a subpoena.

H. Failure to appear. The failure of the appellant to appear at the hearing, unless the hearing was continued per subsection F. of this section, shall constitute an abandonment of the appeal.

1.24.120 Hearing administrator's decision.

A. Notice of decision. After considering all the evidence and testimony submitted at an appeal hearing, the hearing administrator shall issue a notice of decision within ten (10) days to either uphold or revoke the notice of administrative citation, based upon a conclusion of whether a violation occurred. Within one (1) business day subsequent to the hearing administrator's issuance of the notice of decision, the notice of decision shall be mailed by first class and certified mail, postage prepaid, return receipt requested, to the appellant or their designated representative. Any failure by the appellant to appear at the appeal hearing shall be noted on the notice of decision by the hearing administrator. The hearing administrator may reduce or cancel the amount of any administrative fine or revoke the notice of administrative citation in unusual cases when extenuating circumstances make doing so appropriate and in the interest of justice. The decision of the hearing administrator shall be final.

B. Payment of fine after appeal decision. The filing of an appeal shall suspend any fine assessed in the notice of administrative citation. In the event that the notice of administrative citation is revoked, the fine shall also be revoked. In the event that the notice of administrative citation is upheld, a new compliance deadline and fine due date shall be established by the hearing administrator and indicated on the notice of decision for the appeal.

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1.24.130 Right to judicial review.

A. Applicability of Section 53069.4 of the California Government Code. The appellant may seek judicial review of the hearing administrator's decision by filing a further appeal with the San Luis Obispo County Superior Court, Limited Civil Division, within twenty (20) calendar days after the service of the notice of decision, in accordance with the provisions of Section 53069.4 of the California Government Code. The appeal filed with the court must also contain a proof of service showing a copy of the appeal was served upon the hearing administrator for the City of Pismo Beach. The appellant must pay to the Superior Court the appropriate court filing fee when the appeal is filed.

B. Failure to exhaust administrative appeal. No judicial review is permitted from a decision where the appellant is deemed to have abandoned the contest of the notice of administrative citation by an unexcused failure to appear at the appeal hearing or by the failure to request an administrative appeal hearing before the hearing administrator.

C. Forwarding of records to Superior Court. Within fifteen (15) days of the Court's request, the city attorney or the city attorney's designee shall forward to the Superior Court the pertinent notice of administrative citation documents for any case appealed to that court. If the Superior Court revokes any notice of administrative citation or otherwise finds in favor of the appellant, the city will refund to the appellant the Superior Court filing fee paid by the appellant as required by Section 53069.4(b)(2) of the California Government Code .

1.24.140 Collection of unpaid fines.

A. City remedies. The city, at its discretion, may pursue any and all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines imposed pursuant to this chapter.

1. Remedies cumulative. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines owed by a person under this chapter have been collected.

2. Refusal to issue permits. A city department may refuse to accept an application for a city permit or license or to refuse to issue, extend, or renew to any person, who has unpaid delinquent fines, liens, or assessments, any city permit, license, or other city approval pertaining to the property that is the subject of a notice of administrative citation and an unpaid administrative fine.

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3. Suspension of issued permits. Notwithstanding any other provision of the code, any permit, license, or any type of land use approval issued by the city to a person who has unpaid administrative fines totaling five hundred dollars ($500) or more which remain delinquent for thirty (30) days or longer may be suspended by the department which issued the permit or other entitlement. The suspension becomes effective ten (10) days after the date the notice of the suspension is placed by the issuing department in the United States mail, postage prepaid, addressed to the person, and continues until the administrative delinquency is paid in full. The person may request an appeal/or review hearing pursuant to the specific permit, license, or other city approval procedures or ordinance if such a request is filed before the ten-day period ends.

4. Criminal remedies. The city attorney, at their discretion, may also issue a criminal citation or complaint (infraction or misdemeanor) to any person for a code violation when the applicable fine has not been paid.

B. Violations constitute a public nuisance. The director may pursue the remedies described in this section whether or not the city is pursuing any other action to terminate an ongoing code violation that was the basis for an administrative fine or to otherwise abate the violation or sanction the property owner. To compel code compliance, the city may also seek to collect assessed fines by means of a nuisance abatement lien or special assessment against the property where a property related violation occurred in accordance with the procedures in Sections 38773.1 and 38773.5 of the California Government Code.

C. Lien conditions. To recover any delinquent administrative fines as a lien or special assessment on real property, the following conditions must be met:

1. The director must submit to and receive approval from the city council for a resolution certifying the amounts of the liens and special assessments sought to be collected from each property owner; and

2. The total amount of the delinquent fine against the property owner must be delinquent for sixty days or more.

D. Lien collections. The director is authorized to take any steps necessary to enforce collection of the lien or special assessment, including but not limited to the following:

1. Request the county recorder to record a notice of any lien or special assessment certified by resolution of the city council.

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2. Request the county tax collector on behalf of the city to collect any special assessments certified by resolution of the city council.

E. Notice of lien collection procedures. All notices of administrative citation shall contain a notice that unpaid fines are subject to the assessment and lien collection procedures of this chapter. This notice shall satisfy the notice requirements of Sections 38773.1 and 38773.5 of the California Government Code when a notice of administrative citation is served on the person. In addition, the director shall by first class mail send notice stating the date, time, and location of the meeting to each property owner at least ten days before the city council considers the resolution to certify the amounts of the liens and special assessments. The lien or special assessment shall be imposed on the date the notice of administrative citation for the code violation is issued to the responsible person and shall become effective upon the recording of a notice of lien or special assessment by the county recorder.

F. Contesting certification of a lien. A person may contest the amount or the validity of any lien or special assessment for a civil fine at the public hearing when the city council considers the resolution to certify the liens or assessments. Such contests shall be limited to the issue of the amount or validity of the lien or assessment and may not consider whether the underlying code violation occurred. Pursuit of such a contest by a person is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or special assessment.

G. Satisfaction of lien. When payment in full is received by the city for outstanding penalties and costs, the director shall either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record this notice with the county recorder. Such notice of satisfaction shall cancel the city's lien.

1.24.150 Notices.

A Service. Except as otherwise required by applicable law, all notices required to be given by this chapter, including, but not limited to, administrative citations, notice of hearings and the hearing administrator's decision shall be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope postage paid, addressed to such person to be notified at the person's last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Except for notices of appeal pursuant to Section 1.24.100(D) of this Code, service by mail shall be deemed to have been completed at the time of deposit in the United States mail. Where real property is involved, written notices shall be Council Agenda 3-4-2025 12.13-28
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mailed to the property owner(s) at the address shown on the last equalized county assessment roll.

B. Unsuccessful service of notice. Where personal service or service by mail upon the property owner is unsuccessful, the city shall cause all of the following to occur:

1. A copy of the noticed material shall be conspicuously posted at the real property which is the subject of the citation, abatement or compliance order;

2. A copy of the notice, as appropriate, shall be published at least three (3) consecutive days in a newspaper of general circulation in the city.

A copy of the notice shall be published at least five (5) days prior to the date of any public hearing or proceeding related to the notice.

C. Validity. Failure to receive any notice specified in this chapter shall not affect the validity of proceedings conducted hereunder.

SECTION 3.

A new Section 2.04.280 of the Pismo Beach Municipal Code is hereby added to read as follows:

2.04.280 Mayor and City Council Member Interim Succession.

A. Mayoral Succession. In the event the Mayor of the city is unable, for any period of time, to perform the duties of office due to absence, incapacity, or death:

1. The following officers of the city shall succeed the Mayor, respectively, in responsibility for performance of the Mayor's duties, until such time that either 1) the Mayor returns to duty or 2) a Mayor is elected or appointed in accordance with the laws of the state of California, whichever occurs first.
a. First successor: Mayor Pro Tempore
b. Second successor: City Council Member (longest-serving) C. Third successor: City Council Member (second-longest serving)
d. Fourth successor: City Council Member (third-longest serving)
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e. Fifth successor: Planning Commission Chair
f. Sixth successor: Planning Commission Vice-Chair
g. Seventh successor: Another official appointed in accordance with the provisions of Section 8644 of the California Government Code.

2. This interim officer shall be designated the "Acting Mayor," with the exception of the Mayor Pro Tempore, who shall retain that title.

B. City Council Member Succession. In the event a quorum or other necessary majority of the Members of the City Council, inclusive of the Mayor and Mayor Pro Tempore, are unable, for any period of time, to perform the duties of office due to absence, incapacity, or death:

1. The following officers of the city shall succeed the Council Member(s), respectively, in responsibility for performance of the duties of the Council Member(s), until such time that either 1) a quorum or other necessary majority of the City Council returns to duty or 2) a sufficient number of Council Member(s) are elected or appointed in accordance with the laws of the state of California, whichever occurs first.
a. First successor: Planning Commission Chair
b. Second successor: Planning Commission Vice-Chair C. Third successor: Planning Commissioner (longest-serving) d. Fourth successor: Planning Commissioner (second longest- serving)
e. Fifth successor: Planning Commissioner (third longest- serving)
f. Sixth successor: Another official appointed in accordance with the provisions of Section 8644 of the California Government Code.

2. This interim officer shall be designated the "Acting Council Member."

3. Only the minimum number of interim officers necessary to restore a quorum or other necessary majority of the City Council shall be appointed.

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C. In the event two or more serving City Council Members or Planning Commissioners are of equal tenure, succession for the purposes of subsection A. and subsection B. above, respectively, shall be determined either by mutual agreement among the equally tenured members, or if no mutual agreement can be reached, by a coin toss or other randomized method to be determined and performed by the City Clerk or designee.

D. The acting officials designated in accordance with this section shall exercise all powers and carry out all duties of the office held on an acting basis, except as may otherwise be prescribed by the laws of the city or the state of California.

E. Any official performing the duties of Mayor or City Council Member on an acting basis shall not be eligible to receive the salary and benefits available to those formally elected or appointed to the position.

F. Nothing in this section shall be construed as attempting to supersede, abridge, or expand the powers and duties of acting public officials in any manner that conflicts with city, state, or federal law.

SECTION X.

Section 2.08.050 B. of the Pismo Beach Municipal Code is hereby revised to read as follows:

2.08.050 Powers and duties.

B. Personnel and Organization. In the City Manager's duties as personnel officer, to appoint competent, qualified officers and employees to the administrative service and department head employees (which terms together are inclusive of all positions excepting the city attorney) and to dismiss, suspend, and discipline such officers and employees in accordance with such policies as may from time to time be set forth by the council, provided, however, the power to appoint or terminate department head employees, including but not limited to the assistant city manager, city treasurer/administrative services director, chief of police, fire chief, community development director, and public works director, shall only be effective upon confirmation by the council; to transfer employees from one department to another, consistent with the policies of the council; to recommend to the council such reorganization of officers, departments or divisions as may be indicated in the interest of efficient, effective, and economical conduct of the city's business, and to effect such reorganization when authorized by appropriate ordinance, resolution or motion of the council;
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SECTION 4.

Section 2.08.100 of the Pismo Beach Municipal Code is hereby revised to read as follows:

2.08.100 Absence and succession.

A. In order to provide for the performance of the city manager's duties during a temporary absence or disability, the city manager shall designate in writing a qualified officer of the city to so act, to be known as the "acting city manager." In the event of failure or inability of the city manager to make such designation, the following officers of the city shall succeed the city manager, respectively, in responsibility for performance of the city manager's duties, until such time that either 1) the city manager returns to duty or 2) the city council has appointed another acting, interim, or permanent city manager, whichever occurs first.

1. First successor: Assistant City Manager/Management Services Director

2. Second successor: Police Chief

3. Third successor: Public Works Director

4. Fourth successor: Community Development Director

5. Fifth successor: Administrative Services Director

6. Sixth successor: Tourism and Events Director
B. The acting or interim city manager designated in accordance with this section to act during the absence or disability of the city manager shall exercise all powers and carry out all duties of the city manager, excepting that no officer or employee of the city shall be appointed, removed, promoted, demoted, suspended, or otherwise disciplined by the acting city manager without the prior approval of the city council.

SECTION 5.

Chapter 2.24 of the Pismo Beach Municipal Code is hereby renumbered, renamed, and revised to read as follows:

Chapter 2.18 QUALIFICATIONS FOR ADVISORY BODY SERVICE

2.18.010 Automatic disqualification.

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Any person convicted of a felony shall be ineligible to serve on any board or commission of the city. In the event that a member of a board or commission is convicted of a felony, or such prior conviction is discovered, during the member's term of office, the conviction shall serve to terminate the member's appointment to the board or commission and the vacancy may be filled either immediately or during the next routine recruitment for the position, at the council's discretion.

2.18.020 Additional qualifications.

In addition to required qualifications for City Planning Commissioners set forth in Section 2.20.020 of this Code, qualifications for service on the Planning Commission and other appointed City advisory bodies shall be as established from time to time by resolution of the City Council.

SECTION 6.

A new Section 3.06.005 of the Pismo Beach Municipal Code is hereby added to read as follows:

3.06.005 Electronic submittal of claims.

Pursuant to Section 915(a)(3) of the California Government Code, a claim, any amendment thereto, or an application for leave to present a late claim, may be submitted electronically. Such claim may be submitted via an electronic form published on the internet or via email, provided that the submittal complies with all other applicable laws governing the submittal of such a claim, and must contain an electronic facsimile of the signature of the claimant or claimant's representative, where such signature is required by law.

SECTION 7.

Section 3.06.010 of the Pismo Beach Municipal Code is hereby revised to read as follows:

3.06.010 Claims in general.

Pursuant to the authority granted the city by Section 935 of the California Government Code, all claims against the city for money or damages which are excepted from the claims presentation requirement of Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the California Government Code (to wit, those claims enumerated in Section 905 of the California Government Code), and which are not governed by any other statutes or regulations expressly relating thereto, shall be governed by the procedures prescribed in this chapter.

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SECTION 8.

Section 3.06.035 Class Actions of the Pismo Beach Municipal Code is hereby repealed.

SECTION 9.

The first paragraph of Section 3.08.030 of the Pismo Beach Municipal Code is hereby revised to read as follows:

3.08.030 Purchasing officer—Duties.

There is created the position of purchasing officer. The purchasing officer shall be the city manager and/or designee. The purchasing officer has general supervision of the purchasing division. The duties of purchasing officer may be combined with those of any other office or position. The purchasing officer shall:

SECTION 10.

Section 3.08.070 B. of the Pismo Beach Municipal Code is hereby revised to read as follows:

B. When the amount involved is less than a specific cost threshold defined in the city's purchasing policies as amended from time to time; or SECTION 11.

Section 3.08.080 of the Pismo Beach Municipal Code is hereby revised to read as follows:

A purchase of supplies and equipment may be made only by purchase order, except for purchases of less than a specific cost threshold defined in the city's purchasing policies as amended from time to time. A purchase order may not be issued until the purchasing officer first approves it.

SECTION 12.

Section 3.08.100 of the Pismo Beach Municipal Code is hereby revised to read as follows:

3.08.100 Formal contract procedure.

Except as provided in Section 3.08.070 or 3.08.115 of this chapter, the purchase of supplies and equipment of an estimated value greater than a specific cost threshold defined in the city's purchasing policies as amended from time to time shall be by written contract with the lowest responsible bidder after following this procedure:

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A. Notice Inviting Bids. The purchasing officer shall prepare a notice inviting bids. The notice shall include a general description of the article to be purchased, shall state where bid blanks and specifications may be secured, the time and place for opening bids and the security required, if any.

1. Published Notice. The notice inviting bids shall be published and/or posted at times and locations to be determined by the purchasing officer, in a manner meeting or exceeding minimum requirements under law.

2. Bidders' List. The purchasing officer shall also solicit sealed bids from responsible prospective suppliers, whose names are on the bidders' list or who have made written requests that their names be added to it.

B. Bidder's Security. When the purchasing officer considers it necessary, the purchasing officer shall prescribe bidder's security and a statement of the security shall be included in the notice of inviting bids. Each bidder is entitled to a return of the bid security. However, a successful bidder forfeits its bid security if the bidder refuses or fails to execute the contract within ten (10) days after the notice of award of contract is mailed. If the successful bidder fails or refuses to execute the contract, the council may award it to the next lowest responsible bidder or readvertise. If the council awards the contract to the next lowest bidder, the city shall apply the amount of the lowest bidder's security to the contract price difference between the lowest bid and the second lowest bid. The surplus, if any, shall be returned to the lowest bidder. If the council rejects all bids and readvertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder.

C. Bid Opening Procedures. The purchasing officer shall determine the manner of bid submittal and the manner of bid opening, with said information provided in the public bid notice. The purchasing officer shall tabulate the bids received and shall keep the tabulation open for public inspection during regular business hours for as long as the records are retained in accordance with the city's records retention policies.

D. Rejection of Bids. In its discretion, the council may reject all bids presented and readvertise for bids.

E. Award of Contracts. The council shall award the contract to the lowest responsible bidder.

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permit the delay of readvertising for bids, the council may accept the one it chooses or accept the lowest bid made after negotiation with the tie bidders at the time of the bid opening.

G. Performance Bonds. The council may require a performance bond before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the city.

SECTION 13.

Section 3.08.110 of the Pismo Beach Municipal Code is hereby revised to read as follows:

3.08.110 Open market procedure.

If the estimated value of the purchase of supplies or equipment is less than a specific cost threshold defined in the city's purchasing policies as amended from time to time, the purchasing officer may dispense with bidding procedure. If the estimated value of the purchase is above said threshold but below the threshold requiring city council approval, the purchasing officer shall make the purchase in the open market under the following procedure:

A. Minimum Number of Bids. The purchasing officer shall obtain at least three (3) bids and shall make the purchase from the lowest responsible bidder.

B. Notice Inviting Bids. The purchasing officer shall solicit bids by public notice published and/or posted at times and locations to be determined by the purchasing officer, in a manner meeting or exceeding minimum requirements under law, as well as any other means of solicitation deemed appropriate.

C. Written Bids. The purchasing officer shall determine the manner of bid submittal and the manner of bid opening, with said information provided in the public bid notice. The purchasing officer shall tabulate the bids received and shall keep the tabulation open for public inspection during regular business hours for as long as the records are retained in accordance with the city's records retention policies.

SECTION 14.

Section 3.08.115 of the Pismo Beach Municipal Code is hereby revised to read as follows:

Notwithstanding anything to the contrary in this chapter, in the event of an emergency declared by an appropriate authority as described in Chapter 2.32, Emergency Services of this Code, the city manager/director of emergency services is authorized to approve without solicitation of bids purchases, leases, or other Council Agenda 3-4-2025 12.113-36
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contracts for goods or services up to a value defined in the city's purchasing policies as amended from time to time.

SECTION 15.

Section 3.08.135 C. of the Pismo Beach Municipal Code is hereby revised to read as follows:

C. Notice Inviting Bids. When a public works construction project is to be performed which is subject to the provisions of this section, a notice inviting informal bids shall be published and/or posted at times and locations to be determined by the purchasing officer, in a manner meeting or exceeding minimum requirements under law, and in a manner that guarantees transmittal to all contractors for the category of work to be bid, as shown on the list developed in accordance with subsection B. of this section, and to all construction trade journals as specified by the California Uniform Public Construction Cost Accounting Commission in accordance with Section 22036 of the California Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the public works director; provided however:

1. If there is no list of qualified contractors maintained by the purchasing officer for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission.

2. If the producer or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

SECTION 16.

Section 3.08.140, Violation — Penalty of the Pismo Beach Municipal Code is hereby repealed.

SECTION 17.

Section 5.04.340 of the Pismo Beach Municipal Code is hereby revised as follows:

5.04.340 License applications for amusement devices.

All applications for any occupational mechanical amusement device license required by this chapter shall be made in writing and upon such form as may be prescribed by the council. No such license as is referred to in this chapter shall be issued except upon order of the council. The council may limit the number of such Council Agenda 3-4-2025 12.113-37
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licenses issued to such number as in its judgment shall be for the best interests of the public peace, safety and welfare.

SECTION 18.

Chapter 5.16 of the Pismo Beach Municipal Code is hereby repealed and replaced by the following:

Chapter 5.16 CARD GAMES AND ROOMS

5.16.010 Definitions.

For the purposes of this chapter:
"Controlled game" shall have the same meaning as in Section 337j of the California Penal Code, as amended from time to time.
"Card room" means any building or structure, or any portion of a building or structure or any premises or place, wherein controlled games are conducted. The term "card room" is synonymous with the term "gambling establishment" as used in the Gambling Control Act (commencing at Section 19800 of the California Business and Professions Code).

5.16.020 Prohibition.

Controlled games and card rooms are prohibited throughout the city.

SECTION 19.

Section 5.22.050 C. of the Pismo Beach Municipal Code, relating to annual noticing for vacation rental permits, is hereby repealed, and subsequent subsections relettered accordingly.

SECTION 20.

Section 5.24.170 of the Pismo Beach Municipal Code is hereby revised to read as follows:

5.24.170 Fees and Penalties for false alarms.

A. After any false alarm caused by any malfunction of an alarm system, the permitholder for the system or other person responsible for maintaining the system shall cause the alarm system to be repaired so as to eliminate the cause of the malfunction before the system is reactivated.

B. Every holder of an alarm system for which a permit has been issued pursuant to this chapter, or where no such permit has been issued, the Council Agenda 3-4-2025 12.113-38
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owner, lessee, or other person responsible for maintaining the alarm system, shall be assessed a false alarm fee to reimburse the city for the cost of the police or fire department personnel and equipment deployed in response to a false alarm, in such amounts as established and amended from time to time by resolution of the city council.

C. False alarm fees are due and payable upon receipt of an invoice therefor from the city. Any such fee is delinquent if unpaid thirty (30) days after the date of the invoice. Any fee that becomes delinquent shall be subject to a monetary penalty as follows:

1. Thirty-one (31) days after the date of invoice, a penalty of ten percent (10%) of the fee shall be added, plus, commencing each month thereafter, an additional penalty of ten percent (10%) of the original fee shall be added, up to a maximum penalty amount not to exceed fifty percent (50%) of the original invoiced amount.

2. Failure to pay any invoice, with all accrued penalties, within ninety (90)days of the date of the invoice shall authorize the city to suspend or revoke the alarm permit subject to the procedures set forth in Section 5.24.200 of this Code and the appeal procedures set forth in Section 5.24.220 of this Code.

3. The city shall be authorized to utilize any and all legal means available to collect a past due invoice, including accrued penalties, and the same shall be deemed to be a debt on a written contract. In the event the city is required to institute any legal action to recover such costs, it shall be entitled to recover its reasonable attorney's fees and all other costs of collection.

D. After any false alarm in excess of six in any twelve (12) month period, the chief of police may notify the permitholder of the alarm system of the police department's intention to suspend future law enforcement responses to subsequent alarms at the property using the system until the holder has offered satisfactory evidence of proof of correction of the system and has paid all false alarm fees and penalties duly assessed under this section.

SECTION 21.

Sections 5.24.200 through 5.24.220 of the Pismo Beach Municipal Code are hereby revised to read as follows:

5.24.200 Procedures for suspension or revocation.

A. The police chief and/or the fire chief in the case of a suspension, revocation or disconnection under Section 5.24.170, Section 5.24.180 or Section Council Agenda 3-4-2025 12.13-39
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5.24.190 of this Code, shall serve the permittee with a written order of such decision, which shall state the reasons therefor. The order shall be effective immediately if personally served, or forty-eight hours after same has been deposited with the United States Postal Service.

B. Immediately upon such order becoming effective, neither the police department nor the fire department shall respond to any alarm from such suspended system, and the permittee shall discontinue the use of such system and cease all operations conducted under the authority of any permit issued pursuant to this chapter.

5.24.210 Revocation.

Any suspension under this chapter shall become a revocation after the order of suspension becomes effective unless the permittee files an appeal of the order of suspension in the manner set forth in Section 5.24.220 of this Code.

5.24.220 Appeal procedure.

Any person aggrieved by a decision with reference to the approval or denial of an application for a permit or renewal of such permit, the suspension or revocation of a permit, or the assessment of a false alarm fee or penalty shall have the right of appeal. An appeal must be submitted within fifteen (15) days after notice of the decision or order of suspension or within fifteen (15) days after the date of the invoice for a false alarm fee by filing with the finance office a letter of appeal briefly stating therein the basis for such appeal and where notice can be mailed to the appellant, together with a non-refundable filing and processing fee in a sum established by resolution of the city council.

SECTION 22.

Section 5.28.020 of the Pismo Beach Municipal Code is hereby revised to read as follows:

5.28.020 Definitions.

Unless the context otherwise requires, the following definitions apply in this chapter:
"Fixed place of business" means a fixed business place, location, building, room, stand or enclosure separate and distinct from any other business, in which goods, wares, merchandise, fruits or vegetables are kept, displayed or offered for sale to the public, regularly kept open with an agent in exclusive attendance for at least six hours per day, for at least five days per week.
"Itinerant vendor" means any person who sets up a temporary stand or place or uses a portable cart or motor vehicle as defined in the California Vehicle Code for Council Agenda 3-4-2025 12.113-40
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the purpose of selling any goods, wares, merchandise, fruits or vegetables, or one who solicits orders for the sale of such goods, wares, merchandise, fruits or vegetables to be delivered at some future time or date. Itinerant vendor does not include a merchant having a fixed place of business within the city, or his employee, who sells or solicits orders for the sale of goods, wares, merchandise, services, fruits or vegetables, after a prior approval, either oral or written, from the vendee. Itinerant vendors who set up on private property must secure written permission from the property owner or person having control of said property and said written permission must be in the possession of the vendor. "Peddler" means any person who goes upon the premises of any property in the city, not having been requested or invited by the occupant thereof, carrying or transporting goods, wares, merchandise, or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this chapter.
"Person" means any person, firm, corporation, association, club, society, or other organization.
"Selling or sales"wherever these terms are used herein, "buying" and "purchasing" shall be deemed included.
"Solicitor" means any person who goes upon the premises of any property in the city, not having been requested or invited by the occupant thereof, for the purpose of taking or soliciting orders for the sale of goods, wares, merchandise, or personal property of any nature for future delivery, or for services to be performed in the future.

SECTION 23.

Section 5.28.060 of the Pismo Beach Municipal Code is hereby revised to read as follows:

5.28.060 Prohibited acts and restrictions.

A. Prohibited soliciting or peddling. No person may solicit or peddle in the city:

1. Without a required business license or exemption certificate if exempt pursuant to Section 5.28.040 of this Code.

2. On any street, sidewalk or parkway within the Pier Zone, as defined in Section 12.20.185 of this Code.

3. During the 6:00 p.m. one day and 8:00 a.m. the following day.

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B. It is unlawful for any person, while conducting the business of itinerant vendor, solicitor or peddler, whether licensed or unlicensed, to enter upon any property in the city where the owner, occupant, or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on said premises, a nonilluminated flat sign of not more than one square foot bearing the words "No Solicitors", or words of similar import.

SECTION 24.

Section 10.04.020 B. of the Pismo Beach Municipal Code is hereby revised to read as follows:

B. In the exercise of the power to regulate and control traffic upon and the movement and standing of vehicles, bicycles, scooters, and any other device propelled by human power and/or mechanical power upon the streets of the city, the director of public works or designee is authorized to establish temporary no-parking zones for public and private construction projects, and close parking areas for construction purposes, and issue permits to do the same, whereby any of the above-listed devices will not be permitted to stand or park in such zones or places for specific periods of time. All such zones or places shall be plainly marked by paint and/or posted by signs establishing such prohibition.

SECTION 25.

Section 12.16.070 of the Pismo Beach Municipal Code is hereby revised to read as follows:

12.16.070 Use of city logo or name.

A. In conjunction with an approved special event permit, the city manager or designee may approve, by explicit written authorization, the use of city insignia, as defined in Section 1.06.020 of this Code, or the words "City of Pismo Beach," or any similar combination or facsimile thereof that reasonably would imply an official endorsement of the event by the city, in conjunction with the approved event.

B. Any authorized use of the city name, city logo, or other official city insignia in conjunction with a special event shall comply with any further permit conditions issued by city staff, and otherwise comply with the provisions of Chapter 1.06 of this Code, applicable policy resolutions adopted from time to time by the city council, and companion administrative policies adopted from time to time by the city manager. Unauthorized use of City Insignia is subject to prosecution under Sections 1.06.050 and 1.20.010 of this Code.

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SECTION 26.

Section 10.10.010 B. of the Pismo Beach Municipal Code is hereby revised to read as follows:

B. The director of public works or designee shall cause parking meters to be installed and maintained within the paid parking zone and provide signage indicating the time limits and rate of fees for parking within the paid parking zone as authorized by city council resolution.

SECTION 27.

Sections 12.32.010 through 12.32.020 of the Pismo Beach Municipal Code are hereby revised to read as follows:

12.32.010 Findings.

The council finds and declares the following: (1) the uncontrolled encroachment into the public right-of-way creates potential physical dangers to the traveling public and the numerous pedestrians who use the public rights-of-way in the city; and (2) limited, controlled encroachment and access into the public right-of-way should not be unreasonably or absolutely denied. The council concludes that reasonable accommodation can be satisfactorily achieved through this chapter of the city's municipal code which provides for special accommodations for encroachments into the right-of-way for any purpose deemed necessary or desirable and otherwise complying with state, city, and other applicable laws and regulations.

12.32.015 Definitions.

As used in this chapter:
"Director" means the public works director of the city of Pismo Beach, or designee. "Encroachment" includes any encroachment or excavation in, under, on, or over any road or other public place, including any highway, alley, street, avenue, place, sidewalk, path, walk, park, plaza, boulevard or right-of-way or any other public place in the city whether or not currently improved.
"Encroachment Agreement" means an agreement between the City and the property owner that is required for permanent structures in the public right-of-way, upon approval of the City Council and is recorded with the County Recorder's Office memorializing the encroachment and the property owner's responsibilities for the encroachment.

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"Encroachment Permit" means a permit allowing temporary work in, or use of, the public right-of-way by a third party.
"Newsracks" shall have the same meaning as set forth in Section 12.10.020. "Permanent structure" includes, but is not limited to the following: fences, walls, or other structures that are designed to remain in place for a long period of time. "Personal property" includes, but is not limited to the following: construction materials, trash dumpsters, portable toilets, furnishings, produce, merchandise, store boxes, store substances or materials, signs, or any other object or implement of any class, kind or character.
"Public right-of-way" means any road or other public place, including any highway, alley, street, avenue, place, sidewalk, path, walk, park, plaza, boulevard or right- of-way or any other public place in the city whether or not currently improved. "Retail food establishment" means any fixed facility in which food or drink is offered or prepared primarily for immediate consumption.
"Sidewalk cafe" means any group of tables and chairs, and its authorized decorative and accessory devices, situated and maintained in whole or in part on the public sidewalk or other rights-of-way for use in connection with the consumption of food and beverages sold to the public from or in an adjoining indoor retail food establishment.

12.32.020 Encroachment restrictions.

A. It is unlawful for any person to make any encroachment into the public right- of-way without first being issued an encroachment permit, as provided in this chapter.

B. No person shall leave, place or cause to be placed, any personal property upon any sidewalk, gutter, alley, or street within the city without first obtaining an encroachment permit authorizing the same. This section shall not be construed to prohibit parking of bicycles and vehicles where otherwise allowed.

C. No person shall construct any permanent structures upon any public sidewalk, gutter, alley, or street within the city without first obtaining an encroachment permit and preparation and filing of an encroachment agreement authorizing the same.

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SECTION 28.

Sections 12.32.030 B. through 12.32.030 D. of the Pismo Beach Municipal Code are hereby revised to read as follows:

B. Approval/conditional approval. Upon receiving an application to encroach upon the public right-of-way, the director shall either issue, conditionally issue, or deny it. If the application is approved, or conditionally approved, the director shall cause the deposit, if any, to be paid into the city treasury and/or such surety bond, if any, to be deposited with the finance director, and shall issue a written permit authorizing the encroachment. The permit shall include all of the conditions required by this code and any conditions set by the director. In the event that application is denied, any deposit made or bond submitted in connection therewith shall be forthwith returned to the applicant. If the application is for a permanent structure and is approved, or conditionally approved, the preparation and filing of an encroachment agreement shall be completed prior to the encroachment.

C. Fee. A fee for encroachment permits may be established by resolution of the city council and shall be paid to the city at the time of application for issuance or renewal of any encroachment permit. Public utility companies operating under franchise agreement with the city may pay annually for permit fees or provide a deposit in advance of the estimated volume of permit applications subject to an agreement approved by the director.

D. Length of time valid. Encroachment permits shall be issued for a specific length of time, which shall not exceed a reasonable time necessary as determined by the director. In the absence of any prior agreement to the contrary, no cause shall be necessary to be shown or proven for the city council to modify, revise, or revoke any encroachment permit or deny an original or renewal request.

SECTION 29.

Sections 12.32.120 through 12.32.130 of the Pismo Beach Municipal Code are hereby revised to read as follows:

12.32.120 Permittee's liability.

Each permittee is solely responsible for any damage or liability occurring by reason of anything done or omitted to be done by the permittee or permittee's agent, employee, servant, or subcontractor; and each permittee shall indemnify and hold harmless the city, its officers, agents, employees, or servants from any and all loss and liability, including cost of defense and attorney fees, resulting from any claims made by reason of or in connection with any work done under the authority of or as a result of any permit issued under this chapter. The permittee shall maintain Council Agenda 3-4-2025 12.113-45
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an insurance policy, naming the city as additionally insured and in an amount as established by the city. The insurance policy shall state that the carrier shall notify the city thirty (30) days prior to canceling the policy for any reason. Encroachments built to approved city standards shall not require insurance coverage following satisfactory completion of the improvement as determined by the director and acceptance by the city, with the exception of permanent encroachments. Insurance for minor construction encroachments and other encroachments may be waived by the director.

12.32.130 Special encroachment concerns.

A. Any encroachment which will limit the amount of sidewalk available for pedestrians shall further be reviewed to meet concerns for pedestrian safety and to ensure adequate area for pedestrian passage. In residential areas a minimum of four (4) feet of sidewalk shall be clear for pedestrian passage unless waived by the director. In areas with sidewalks subject to high pedestrian activity as determined by the director, the width of the sidewalk which may be blocked by an encroachment shall be as determined by the director.

B. Encroachments shall not be physically in contact with street furniture or street trees.

C. Encroachments shall not restrict pedestrian access to parked vehicles, to buses in bus loading zones, or to access points of abutting property.

D. Encroachments shall not be allowed which in the opinion of the director constitute a hazard to vehicles or pedestrians.

E. All encroachments which provide a public service such as vending machines shall have plainly posted on their face the name and phone number of the party responsible for maintenance and operation. Newsracks that encroach upon public property shall comply with Chapter 12.10 of this Code.

SECTION 30.

Section 12.32.150 of the Pismo Beach Municipal Code is hereby revised to read as follows:

12.32.150 Newsracks.

A. The director may approve issuance of an encroachment permit for newsracks permitted pursuant to Chapter 12.10 of this Code.

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B. Placement of newsracks on the Pier and on lateral piers, boardwalks, and promenades along the beach where access for pedestrians and emergency vehicles is limited to the termini of these structures or to limited-access stairs to the beach and where there is unsheltered exposure to wind and weather constitutes an unreasonable interference to the flow of pedestrians and emergency response vehicles, constituting a significant risk to the health and safety of the public. Placement of newsracks on the Pier and on lateral piers, boardwalks and promenades along the beach is, therefore, prohibited.

SECTION 31.

Sections 12.36.020 through 12.36.040 of the Pismo Beach Municipal Code are hereby revised to read as follows:

12.36.020 Definitions.

The following definitions are applicable within this chapter:
"Public right-of-way" means the area in, upon, above, beneath, or across any public street, parking lot, other city-owned parcels or easements, including but not limited to any highway, street, lane, court, alley, boulevard, sidewalk, median, parkway, parking lot, or easement reserved by or dedicated to the city for public use.
"Excavate" or "excavation" means any cutting, digging, potholing or otherwise disturbing the street surface within the right-of-way to access or install a utility line or any related facility or for other reasons. All such excavations shall require an encroachment permit issued in accordance with Chapter 12.32 of this Code. "Public works director" means the public works director or designee. "Permit" means written authorization from the public works director to excavate, encroach upon, or obstruct a public right-of-way.
"Roadway" means any public street, including but not limited to any highway, street, lane, court, alley, boulevard, median, parkway, parking lot, or easement reserved by or dedicated to the city for vehicular, pedestrian, or equestrian travel. "Completion date" means the date the notice of completion was adopted by the city council for the completion of roadway construction, resurfacing operations, or maintenance. For streets paved as public improvements for a private development, this date shall be the date the notice of completion for the development was adopted by the city council; for public improvements for which a notice of completion was not adopted by the city council, this date shall be the actual date of completion of the work. For roadway resurfacing projects spanning more than Council Agenda 3-4-2025 12.113-47
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one calendar year, this date shall be the actual date that work was completed for the entirety of a given roadway, as determined by the public works director.

12.36.030 Moratorium, exceptions.

A. Except as set forth in subsection B. of this section or Section 12.36.040 of this Code, permission to excavate in roadways shall not be granted for five (5) years after the completion date of roadway construction or maintenance, including but not limited to an overlay, chip seal, slurry seal coatings, micro paving, or other maintenance of the roadway surface. Utilities shall plan well enough in advance to determine alternate methods for making necessary repairs to avoid excavating in newly resurfaced roadways.

B. Exceptions to the above moratorium in the form of an excavation waiver as described in Section 12.36.040 of this Code may be permitted in the following situations at the discretion of the public works director:

1. Emergencies which endanger life, property or public health and safety.

2. Interruption of essential utility service.

3. Work that is mandated by city, state, or federal legislation.

4. Unforeseen circumstances where the financial burden outweighs the benefit to the roadway infrastructure.

5. Other situations deemed by the public works director to be in the best interest of the general public.

12.36.040 Excavation waiver.

A. To excavate within a roadway within five (5) years of the completion date, a waiver must be obtained. To request a waiver, the applicant must submit a written request to the public works director. The request must include:

1. The location of the excavation.

2. Description of the work to be performed.

3. A statement from the applicant setting forth good cause for why the work was not performed before the roadway was resurfaced.

4. A statement from the applicant setting forth good cause for why the work cannot be deferred until after the five (5) year period.

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5. A statement from the applicant setting forth good cause for why the work cannot be performed at another location.

B. In the event the waiver is granted under subsection A., any excavation in the roadway shall be repaired with full-lane paving on the street as follows:

1. Overlaid or reconstructed roadway: All lanes that are affected shall be ground down one-and-a-half (1.5) inches and paved with one- and-a-half (1.5) inches of similar asphalt concrete material as the previous treatment to the satisfaction of the public works director.

Some roadways may require rubberized asphalt or other materials.

2. Slurry sealed, chip sealed, or micro-surfaced streets: All lanes that are affected shall be resurfaced to the satisfaction of the public works director with a treatment similar to what was previously utilized.

3. For trenches perpendicular to the curb face, the trench shall be resurfaced for the entire trench width plus ten (10) feet on each side of the trench (i.e. twenty (20) feet plus the width of the trench) along the entire length of the impacted lane or lanes. For trenches parallel to the curb face, the entire lane shall be resurfaced along the entire length of the trench plus ten (10) feet on each end (i.e. twenty (20) feet plus the length of the trench).

4. Exception: Full-lane width restoration shall not be required during a curb and gutter restoration in which the city has exempted the contractor from removing and replacing the required eighteen (18) inches of asphalt paving from the edge of gutter. City staff will provide the waiver following an inspection determining the pavement cut is smooth and straight along the gutter lip and existing asphalt.

C. Exceptions to Subsection B. may be permitted at the discretion of the public works director to repair existing utilities, not associated with a construction project in the following cases:

1. Emergencies which endanger life, property or public health and safety.

2. Interruption of essential utility service.

3. Unforeseen circumstances where the financial burden outweighs the benefit to the roadway infrastructure.

4. Other situations deemed by the public works director to be in the best interest of the general public.

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SECTION 32.

SECTION 33.

SECTION 34.

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

SECTION 35.

INTRODUCED at a regular meeting of the City Council held this 4th day of March, 2025, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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Approved: Attest:

Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this t" day of 2025, 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
STATE OF CALIFORNIA }
} ss.

THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA IMPLEMENTING

VARIOUS CHANGES TO THE CITY OF PISMO BEACH MUNICIPAL CODE, INCLUDING CHAPTERS 1.24, 2.04, 3.06, 3.08, 5.16, 5.22, 5.24, 5.28. 12.16, 12.32, and

12.36, 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 t" day of 2025. Witness my hand and official seal.

Erica Inderlied, City Clerk
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G\T Y OF

PISMO BEACH CITY COUNCIL STAFF REPORT
.o�s'yo Bt Agenda Item #12.0
Meeting Date: March 4, 2025
TITLE:

Capital Improvement Program Semi-Annual Report
RECOMMENDATION:

No action recommended; for information only.

DISCUSSION:

The Ten-Year Capital Improvement Plan (CIP) is one of the most important planning documents for the City of Pismo Beach. This plan not only identifies the immediate needs but also seeks to capture the long-term capital requirements of the City. Capital projects are typically projects that lead to the acquisition and/or, construction of new assets or the improvement or extension of the useful life of existing capital assets. Capital assets include but are not limited to land, facilities, buildings, parks, playground equipment, streets and sidewalks, bridges, water, wastewater and storm drain infrastructure, technology systems and equipment, traffic control devices and many other items that deliver public benefit for a prolonged period of time. This report will provide an update on CIP projects currently in progress.

Every two years, the City Council meets to establish goals to guide the City during the next budget cycle. The most recent goal-setting meeting was held on January 24, 2025, to establish new goals to guide capital improvements, investments, and initiatives for the City for the next two years. The Fiscal Year (FY) 2026 and FY 2027 Council goals are:
• Quality of Life
• Streets and Infrastructure
• Public Safety
• Water Resources
• Parking and Circulation
• Development and Housing Access
Due to the duration of certain projects, some current projects reflect direction from the City Council's FY 2024 & FY 2025 goals, which are very similar to the new goals. The FY 2024 & FY 2025 goals were:
• Maintain a Focus on Public Safety
• Water Supply, Conservation and Central Coast Blue
• Community Character, Beautification and Quality of Life for Residents • Traffic, Circulation, and Parking
• Housing and Homelessness
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Completed Projects
Council Goal— Quality of Life
James Way Beautification
This project removed the concrete that was between the fence line and back of sidewalk on the south side (ocean side) of the street, installed new landscaping which included the removal of the raised masonry planters that were on the north side of the street, and planted new trees. The Notice of Completion was approved on February 18, 2025. Staff continues to look at options for switching the irrigation system from solar panels to electrical power.

Council Goal— Public Safety
Police/Parking Annex Building
This project remodeled the Police Department and Parking Division building located at 585 Dolliver Street, as well as four other locations related to ensuring continuity of operations for the Police and Fire Department during the construction of the Public Safety Facility Project. The Notice of Completion was approved on November 19, 2024.

Council Goal— Streets and Infrastructure
FY 23/24 Paving Project
The project is substantially complete with only "punch list" items remaining. Since the last CIP Update, work on Price Street has been completed including paving, striping, and the installation of parking meters. The paving of Wadsworth Avenue below Judkins Middle School was also completed during the school's winter break.

Council Goal— Streets and Infrastructure
Toucan Terrace Trestle Recoating
This project rehabilitated the exterior coatings of the above-ground portion of the City's sewer trestle located across the Toucan Terrace HOA open space property. The Notice of Completion was approved on December 17, 2024.

Under Construction
Council Goal— Public Safety
Public Safety Facility
The fire station foundation in-slab plumbing and electrical is being installed in preparation for the foundation and concrete mat. At the police station, the foundation and concrete mat work has been completed. Onsite, the installation of the storm drain will continue as planned. Grading and earthwork for the Wadsworth-side driveway, and preparation and coordination of undergrounding the existing overhead wire utilities are underway.

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Council Goal— Streets and Infrastructure
Digester#1 Demolition
The demolition is in progress with sludge being decanted and dried onsite. Sludge decanting is expected to completed by the end of March.

Clarifiers Rehabilitation
The project is moving forward with key pre-construction activities. A kickoff meeting, site visit, and measurements and design for material fabrication have all been completed.

Construction can occur during specific timeframes in the spring and fall when the clarifiers will be allowed to be taken out of service. Based on the current materials lead times, the construction phase will take place between September 1, 2025 and October 31, 2025.

Design
Council Goal— Water Resources
Water Supply Existing Production Well Assessment
This project will evaluate the existing Well 23 system and determine whether to rehabilitate it or replace it with a new water production well. The City is reevaluating the rehabilitation options and potential site locations for this project to ensure optimal performance, location, and reliability.

Charles Street Reservoir Replacement project
This project will replace the Charles Street Reservoir, located in Grover Beach, which has reached the end of its useful life. A consultant has been retained for design services and a kickoff meeting was held in January 2025. The project is partially funded with a $500,000 grant from the U.S. Department of Housing and Urban Development (HUD).

The federal funding requires compliance with the National Environmental Policy Act (NEPA), and the City has enlisted the services of Rincon Consultants for this effort. The current schedule shows completion of design and ready for bid in October 2025.

Council Goal— Quality of Life
Ventana Sports Courts Project
The project consists of construction of new tennis and pickleball courts on Ventana Drive (Ventana Courts). These will consist of two pickleball courts, one tennis court, and a parking lot as well as a crosswalk between Chumash Park and the Ventana Courts. The project plans and specifications are at the 95% design level.

Addie Street Restroom Replacement
This project will replace the current restroom at the beach end of Addie Street, adjacent to the Addie Street parking lot, with a larger restroom. Staff is currently evaluating the anticipated optimal number of bathroom stalls based on similar locations and uses, and preparing options for consideration by the City Council.

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Council Goal— Streets and Infrastructure
Bello Street and Price Canyon Road Signal
The project will construct a traffic signal at the intersection of Bello Street and Price Canyon Road. A request for proposals (RFP) will be issued for a design consultant to prepare the environmental documents and construction plans, specifications and estimate (PS&E) for a signalized intersection.

Shell Beach Road Shared Use Path
The project will construct a Class 1 multi-use path on Shell Beach Road between Avila Beach Drive in the county to Cliff Avenue. Phase 1 of the project, between Terrace Avenue and Cliff Avenue, known as the Shell Beach Streetscape project, has been completed. Phase 2 of the project will connect Avila Beach Drive to Spyglass Drive, with Phase 3 connecting Spyglass Drive to Terrace Avenue. Phases 2 and 3 of the project are funded through SLOCOG, and scheduled to be constructed in 2026 and 2027, respectively. Staff is currently working with the design consultant team on the design of Phase 2, with final construction documents anticipated to be completed by January 2026.

Pavement Management Plan Update
A Request for Proposals (RFP) was issued for an update to the Pavement Management Plan, which was last updated in 2021 prior to the most recent Paving Project. Five proposals were received on February 13, 2025 and are being evaluated by a review panel.

Facilities Condition Assessment
An RFP was issued for preparation of a comprehensive facilities condition assessment, otherwise known as a long-term facilities maintenance plan. This comprehensive assessment of the current condition of all City-owned facilities will produce a long-term facilities maintenance plan during the next five-year period. On February 24, 2025 ten proposals were received and are being evaluated by a review panel.

Pier, Cypress Bridge and Pedestrian Bridge Inspections
An RFP for an underwater and above-water inspection of the entire Pismo Pier as well as the Cypress Street Bridge, Dolliver Street Pedestrian Bridge, and Shore Cliff Pedestrian Bridge is currently being advertised. Proposals are due on March 13, 2025.

Other Projects
Pier Avenue Stairs Closure
A consultant is preparing plans and specifications for removal of the stairs. Construction of the project is expected in FY 2026.

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Pier Avenue Storm Drain Repair
The project will replace the storm drain outfall pipe that was washed away during a storm event in January 2023. This site was approved by FEMA for funding and a consultant has been retained to prepare construction plans and specifications.

Cliff Avenue/Ocean Boulevard Storm Drain Repair
The project will repair the damaged storm drain outfall at the intersection of Cliff Avenue and Ocean Boulevard. The project is funded through the Federal Emergency Relief program. The Right of Way Certification was approved by Caltrans on September 13, 2024. Staff has submitted the request for construction funding authorization and is preparing the bid package, as well as an RFP for construction management services, to be issued once construction funding is authorized.

FISCAL IMPACT:

There is no direct fiscal impact associated with this report.

ATTACHMENTS:

None.

Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Rosemarie R. Gaglione, PE, Director of Public Works City Manager Approval:

Council Agenda 3-4-2025 12.C-5
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Pismo Beach City CouncilMarch 4, 2025

Pismo Beach City Council
March 4, 2025