Agenda packet — Pismo Beach City Council, April 1, 2025

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AGENDA
Pismo Beach City Council
Pismo Beach Public Financing Authority Board
Tuesday, April 1, 2025
Time Meeting Type Physical Location Virtual Viewing Option 4:30 p.m. Closed Session City Hall None
5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual viewing is offered via Zoom.
2 Broadcast 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://us02web.zoom.us/j/84823715585 . 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 [email protected] or mailed or delivered to the City Clerk’s Office, 760 Mattie Road, Pismo Beach, CA 93449. During the Regular Meeting no later than the start of the comment period for your item of interest, written comment may be hand-delivered to staff in the Council Chamber. Emails submitted after the start of the meeting may not be fully considered prior to any action taken on the item.

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

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

Please note:
• In the event a Council Member participates in this meeting by teleconference under the provisions of Government Code Section 54953(f), public comment will be accepted via Zoom, including by telephone audio, as required by law. However, the timing of a request by a Council Member to participate remotely may not allow sufficient time to post an agenda containing information on how the public may participate via Zoom or telephone. In such instances, the City Clerk or another staff member will orally provide such information at the meeting.
• Meetings may begin a few minutes after the scheduled start time. • Meetings will be recorded, except closed sessions; these recordings are public record. • Phone numbers of call-in attendees may be visible to other meeting attendees, or in meeting recordings. • Phone numbers of voicemail commenters may be visible in the public record along with transcripts.

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

Pismo Beach City Council Agenda April 1, 2025

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Special Closed Session—4:30 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: Conference with Labor Negotiators (Government Code §54957.6) Agency designated representatives: Jorge E. Garcia
Employee organization: Service Employees International Union (SEIU) and Pismo Beach Police Officers Association (POA)
Unrepresented Employees: All Unrepresented Employees

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 Joint Meeting 5:30 p.m. Tuesday, April 1, 2025 Council Chamber, City Hall

Pismo Beach City Council Agenda April 1, 2025

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Regular Joint Meeting—5:30 p.m.

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

1. ROLL CALL:

City Council:

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

Public Financing Authority Board:

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

2. PLEDGE OF ALLEGIANCE

3. ACCEPTANCE OF AGENDA

4. PRESENTATIONS
Item 4.A: Presentation: Visit from Happy Time Preschool (Happy Time Preschool)

Item 4.B: Proclamation: Recognizing April as Month of the Child (Early Care and Education Planning Council of San Luis Obispo County)

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

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

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

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

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

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

8. COUNCIL COMMITTEE REPORTS

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

2. California Joint Powers Insurance Authority (Reiss/Inman)

3. Central Coast Blue Regional Recycled Water Authority (Waage/Guthrie)

4. Chapman Estate Foundation (Liaison) (Reiss)

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

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

7. Friends of Price House Liaison (Waage)

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

9. Homeless Services Oversight Council (Guthrie/Reiss)

10. Integrated Waste Management Authority (Newton/Inman)

11. Mobile Home Rent Stabilization Subcommittee (Inman/Waage)

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

13. Shell Beach Improvement Group Liaison (Inman/Reiss)

14. SLOCOG (Waage/Reiss)

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

16. Visit SLO CAL Advisory Committee (Inman)

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

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

Pismo Beach City Council Agenda April 1, 2025

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

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

Recommendation:

1. Adopt Minutes of the February 24, 2025 Special Meeting;

2. Adopt Minutes of the March 18, 2025 Regular Meeting.

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

Recommendation:

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

2. Approve the Register of Demands for March 7, 2025 and March 14, 2025.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for February 2025 of Fiscal Year 2025 (Feeser)

Recommendation:

No action recommended; for information only.

Item 9.D: Annual Report for Fiscal Year 2026 from the Pismo Beach Conference and Visitors Bureau / Lodging Business Improvement District (LBID) Advisory Board; Declaration of the City Council’s Intention to Levy an Annual Assessment for the LBID for FY 2026 (Feeser)

Recommendation:

Adopt a Resolution approving the Annual Report for Fiscal Year 2026 from the Pismo Beach Conference and Visitors Bureau / Lodging Business Improvement District (LBID) Advisory Board, declaring the City Council’s intention to levy an annual assessment for the LBID for FY 2026, and directing the City Clerk to schedule a public hearing for April 15, 2025, to consider levying the assessment.

Item 9.E: Annual Election of Officers; Pismo Beach Public Financing Authority (Feeser)

Recommendation:

Adopt a Resolution of the Board of Directors of the Pismo Beach Public Financing Authority conducting the annual election of officers.

Item 9.F: Notice of Completion and Acceptance of Public Improvements for Parcel Map 21-0032, Hinds Avenue (Gaglione)

Recommendation:

1. Accept the public improvements for Parcel Map 21-0032 as complete and authorize the release of the improvement securities;

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

Pismo Beach City Council Agenda April 1, 2025

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Item 9.G: Authorization of Purchase Order with Southpaw Sign Company, Inc. for Purchase of Park Signs (Gaglione)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute a purchase order with Southpaw Sign Company, Inc. for purchase and installation of park signs in the amount of $116,010.89.

Item 9.H: Award of Contract to Souza Engineering Contracting, Inc. dba Souza Construction for the Oak Park Medical Plaza Parking Lot Repair Project; Related Budget Adjustments (Gaglione)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a contract with Souza Engineering Contracting, Inc. dba Souza Construction for construction of the Oak Park Medical Plaza Parking Lot Repair Project in the amount of $107,521 for the base bid only, and appropriating related budget adjustments in Fiscal Year 2025.

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: Police Department Semi-Annual Update (Smith)

Recommendation:

Receive the Police Department Semi-Annual Update.

Item 12.B: Introduction (First Reading) of an Ordinance Adding Chapter 8.22 to the Pismo Beach Municipal Code Relating to Operation of Unmanned Aircraft Systems (Drones) (Fleishman)

Recommendation:

Introduce an Ordinance adding Chapter 8.22 Unmanned Aircraft Systems to, and amending Chapter 12.20 of, the City of Pismo Beach Municipal Code, relating to regulation of drones.

Item 12.C: Massage Establishment and Practitioner Ordinance Discussion (Smith)

Recommendation:

Receive an overview of the City’s current massage establishment practices and regulations, and provide direction to staff if desired.

Item 12.D: Discussion of Proclamation Practices (Inderlied)

Recommendation:

Receive an overview of current practices relating to Proclamations, and provide direction to staff if desired.

Pismo Beach City Council Agenda April 1, 2025

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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
Special Meeting 1:00 p.m. Thursday, April 3, 2025 Council Chamber, City Hall Regular Meeting 5:30 p.m. Tuesday, April 15, 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 April 1, 2025 meeting(s) of the Pismo Beach City Council was posted on March 27, 2025, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.

Erica Inderlied, City Clerk

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

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

Related Materials: All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at [email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. Please call (805) 773-7003 with any questions.

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

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

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

35.104 ADA Title II).

A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA RECOGNIZING APRIL 2025 AS MONTH OF THE CHILD

AND CHILD ABUSE PREVENTION MOTH
WHEREAS, the City of Pismo Beach recognizes that every moment in a child's life is an opportunity for that child to learn, that the quality of these experiences may determine a child’s resilience, whether a child succeeds in school and in life, and that all children need caring and loving adults in their lives; and
WHEREAS, April—Month of the Child and Child Abuse Prevention Month—marks a time to recognize that our community’s children are precious assets who all deserve to experience the wonder and magic of childhood; that the quality of their early years is our collective responsibility, and that we commit ourselves to ensuring that each and every child has access to a high quality early environment—at home, at child care, at school, and in the community— that will promote their optimal growth and development; and WHEREAS, in solidarity with the San Luis Obispo County Early Care and Education Planning Council’s Advocacy Committee, we as a community of partners and leaders, envision a San Luis Obispo County where all families can find and afford quality care for their children, and where child care professionals are valued for their critical role in building a solid foundation for children and families to thrive in the world; and
WHEREAS, Saturday, April 5, 2025, will commemorate “Day of the Child” at the Annual Children’s Day in the Plaza celebration from 10:00 am to 3:00 pm in the San Luis Obispo Mission Plaza, this year’s celebration where children and families will have the opportunity to discover creativity, individuality, and diversity while exploring local resources and building connections with a focus on acceptance in order to foster a strong sense of community; and WHEREAS, Friday, April 25, 2025, San Luis Obispo County will participate in the statewide raising of the Children’s Memorial Flag to honor and raise awareness about the many children in our midst who suffer daily from abuse and neglect, and pledge our support for strategies that strengthen families and protect our young ones as part of the national recognition of April as Child Abuse Prevention Month.

NOW, THEREFORE, the City Council of the City of Pismo Beach hereby proclaims April 2025 as the "Month of the Child” and “Child Abuse Prevention Month.” Dated this 1st day of April, 2025
________________________
Ed Waage, Mayor
Council Agenda 4-1-2025 4.A-1

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
Meeting Date: April 1, 2025
TITLE:

Adoption of Meeting Minutes
RECOMMENDATION:

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

2.Adopt Minutes of the March 18, 2025 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 24, 2025 Special Meeting.

2.Draft Minutes of the March 18, 2025 Regular Meeting.

Submitted by:

Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 4-1-2025 9.A-1

DRAFT MINUTES
Pismo Beach City Council
Monday, February 24, 2025
Special Meeting—1:30 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 special session with Mayor Waage presiding.

CALL TO ORDER: 1:33 p.m.

1.ROLL CALL:

Present: Absent:

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

Nadia Feeser, Administrative Services Director
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
Paul Lee, Battalion Chief
Jeff Smith, Chief of Police
Other staff present as noted below

2.PUBLIC COMMENT PERIOD
Call for public comment:

Denise Wasson commented.

Erica Krueger commented.

Greg Cancella commented.

Michael Moore commented.

Council Agenda 4-1-2025 9.A-2
Attachment 1

3.AGENDA ITEMS
Item 3.A: City User Fee Study Session (Feeser)
Recommendation:

1.Receive information on the overall basic methodology of the City User Fee Study;

2.Provide direction on the amount of the proposed fees; and

3.Provide direction for staff to return on March 18, 2025 with the fees as proposed or any amount less than proposed.

Presenting staff:

Nadia Feeser, Administrative Services Director
Rosemarie Gaglione, Director of Public Works
Jorge Garcia, City Manager
Colleen Ghiglia, Recreation Manager
Scot Graham, Community Development Director
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
Erin Olsen, Senior Management Analyst
Jeff Smith, Chief of Police
Supplemental material submitted into the record.

Guest presenters:

Tony Thrasher, Willdan
Action:

1.Approve the amount of the proposed fees presented in staff’s report, with the following revisions:

A.Subsidize the Planning Commission-to-City Council appeal fee, so that it is set at $985;
B.Subsidize the Staff-to-Planning Commission appeal fee, so that it is set as $1,069;
C.Subsidize the Massage Establishment permit fee, so that it is set at $50 per renewal;
D.Subsidize the Massage Therapist licensing fee, such that it is set at $50;

2.Direct staff to return on March 18, 2025 for a hearing on final approval of the fees;

3.Direct staff to provide more information about the City’s beach lease with the State of California, and the regulatory framework for permits for events that take place on the beach;
Council Agenda 4-1-2025 9.A-3
Attachment 1

4.Direct staff to provide more information about the purpose of the Accessibility Compliance Fee and the Undergrounding In-Lieu Fee;

5.Direct staff to work with the San Luis Obispo Council of Governments and Visit SLO Cal and return with more information about options for easing fees and other regulatory requirements for traditional taxicab companies;

6.Direct staff to obtain a recommendation from the Parking Advisory Committee on the possible creation of incremental additional fees for parking patrons who exceed their paid parking time, as an alternative to charging a full fine for failure to pay for parking when a meter expires, and return to the Council for consideration of amending the fee structure.

7.Set aside $3,000 in the upcoming budget for financial assistance to lower-income Pismo Beach residents for application to the Junior Lifeguard Program.

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

Absent: 0
Abstain: 0
Recused: 0

4.CITY COUNCIL COMMENTS AND REQUESTS
No action.

5.ADJOURNMENT
At 3:35 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 4-1-2025 9.A-4
Attachment 1

DRAFT MINUTES
Pismo Beach City Council
Tuesday, March 18, 2025
Regular Meeting—5:30 p.m.

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

CALL TO ORDER: 5:30 p.m.

1.ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem 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
Dan Herlihy, Police Commander
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.

Council Agenda 4-1-2025 9.A-5
Attachment 2

4.PRESENTATIONS
Item 4.A: Presentation: Recognition of Outgoing Advisory Body Members (Waage)
•Greg Alex: Planning Commission
•Jessica Blackburn: Parks, Recreation, and Beautification Commission •Han Domini: Traffic Safety Committee
•Forest Key: Conference and Visitors Bureau Board / LBID Advisory Board •Rick Turton: Parking Advisory Committee
•Reed Van Rozeboom: Planning Commission
The Council recognized outgoing Planning Commissioner Reed Van Rozeboom.

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

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

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

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

Council Member Newton:

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

Mayor Waage:

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

San Luis Obispo County Community Fire Safe Council.

9.CONSENT CALENDAR
Call for public comment:

Victor Early commented on Item 9.F.

Pamela Storton commented on Item 9.F.

Loren Westphal commented on Item 9.F.

Council Agenda 4-1-2025 9.A-6
Attachment 2

Brenda Auer commented on Item 9.F.

Action: Adopt Consent Calendar.

Motion: Guthrie
Second: Inman

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

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

Absent: 0
Abstain: 0
Recused: 0

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

Recommendation:

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

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

Recommendation:

1. Approve the Summary of Payroll Register for February 23, 2025;

2. Approve the Register of Demands for February 21, 2025 and February 28, 2025.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for January 2025 of Fiscal Year 2025 (Feeser)

Recommendation:

No action recommended; for information only.

Item 9.D: 2024 General Plan Annual Progress Report (Graham)

Recommendation:

1. Review and accept the 2024 General Plan Annual Progress Report;

2. Direct staff to forward the report to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.

Council Agenda 4-1-2025 9.A-7
Attachment 2

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

Recommendation:

1. Review the need for continuing currently active local emergency proclamations;

2. Provide direction to staff if desired.

Item 9.F: State Water Resources Control Board State Revolving Fund Financing (Feeser)

Recommendation:

1. Adopt a Resolution authorizing the City Manager of the City of Pismo Beach to file a financial assistance application for a financing agreement with the State Water Resources Control Board for the planning, design, and construction of the Central Coast Blue Recycled Water Project.

2. Adopt a Resolution authorizing the advance of funds for planning, design, and construction of the Central Coast Blue Recycled Water Project subject to later reimbursement by the State Water Resources Control Board.

Legislative Record: Resolution R-2025-010 adopted.

Legislative Record: Resolution R-2025-011 adopted.

10. ITEMS PULLED FROM CONSENT

None.

12. BUSINESS ITEMS

This item was reordered.

Item 12.A: Confirmation of Acquisition of Real Property at 350 Pismo Avenue and Appropriation of Related Budget Adjustments in Fiscal Year 2025 (Feeser)

Recommendation:

Adopt a Resolution confirming the acquisition of real property located at 350 Pismo Avenue and appropriating related budget adjustments in Fiscal Year 2025.

Presenting staff:

Jorge Garcia, City Manager

Supplemental material submitted into the record.

Council Agenda 4-1-2025 9.A-8
Attachment 2

Call for public comment: No comment.

Action: Adopt a Resolution confirming the acquisition of real property located at 350 Pismo Avenue and appropriating related budget adjustments in Fiscal Year 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-2025-012 adopted.

11.PUBLIC HEARINGS
Item 11.A: User Fee Update Study; Approval of New User Fees Effective on July 1, 2025, Except Massage Establishment Permit Fees and Massage Therapist Permit Fees Effective March 18, 2025 (Feeser) Recommendation:

1.Conduct a Public Hearing to receive input from the public on the proposed user fees;

2.Adopt a Resolution adopting the City of Pismo Beach User Fee Update Study; making certain findings; and approving new User Fees effective on July 1, 2025, except Massage Establishment Permit Fees and Massage Therapist Permit Fees effective March 18, 2025; making certain findings; and rescinding various previous resolutions.

Presenting staff:

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

Guest presenters:

Tony Thrasher, Willdan
Public Hearing / Call for public comment: No comment.

The public hearing was closed.

Council Agenda 4-1-2025 9.A-9
Attachment 2

Action: Adopt a Resolution adopting the City of Pismo Beach User Fee Update Study; making certain findings; and approving new User Fees effective on July 1, 2025, except Massage Establishment Permit Fees and Massage Therapist Permit Fees effective March 18, 2025; making certain findings; and rescinding various previous resolutions.

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

Ayes: 4 Inman, Guthrie, Reiss, Waage
Noes: 1 Newton

Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2025-013 adopted.

Item 11.B: Adoption (Second Reading) of Animal Control Regulations Ordinance; Adoption (Second Reading) of 2025 Omnibus Municipal Code Cleanup Ordinance (Inderlied)
Recommendation:

1.Adopt 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.Adopt 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.

Presenting staff:

Jorge Garcia, City Manager
Erica Inderlied, City Clerk
Public Hearing / Call for public comment: No comment.

Action:

2.Adopt 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.

Council Agenda 4-1-2025 9.A-10
Attachment 2

Motion: Reiss
Second: Newton

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Ordinance O-2025-001 adopted.

Legislative Record: Ordinance O-2025-002 adopted.

Action: Consensus to direct staff to return with more information about the City’s current practices, and future options, for squirrel population control.

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

Absent: 0
Abstain: 0
Recused: 0

12. BUSINESS ITEMS

Item 12.A: Confirmation of Acquisition of Real Property at 350 Pismo Avenue and Appropriation of Related Budget Adjustments in Fiscal Year 2025 (Feeser)

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

Item 12.B: Final Public Art Selection for James Way Beautification Project (Jackson)

Recommendation:

Approve the Parks, Recreation and Beautification Commission’s recommendation for six public art painted benches along James Way Corridor to fulfill the public art requirement for the James Way Beautification Project.

Presenting staff:

Jorge Garcia, City Manager
Gordon Jackson, Director of Tourism and Events

Supplemental material submitted into the record.

Council Agenda 4-1-2025 9.A-11
Attachment 2

Call for public comment: No comment.

Action: Consensus to:

1. Approve the Parks, Recreation and Beautification Commission’s recommendation for public art painted benches along James Way Corridor to fulfill the public art requirement for the James Way Beautification Project, with the exception of Design #3;

2.Direct staff to work with artist Chris Pedersen to obtain an alternative design proposal for the remaining bench, and return to the Parks, Recreation and Beautification Commission for a recommendation on the proposal.

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

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

Absent: 0
Abstain: 0
Recused: 0

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 4-1-2025 9.A-12
Attachment 2

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B
Meeting Date: April 1, 2025
TITLE:

Payroll Register and Register of Demands
RECOMMENDATION:

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

2. Approve the Register of Demands for March 7, 2025 and March 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 4-1-2025 9.B-1

FOR PERIOD ENDING 03/09/25
CHECKS DATED 03/14/25

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557164 - 557165 2
ACH 129

EARNINGS
REGULAR 397,135.56
HOLIDAY 5,550.13
OVERTIME (Includes Comp Time Payouts)19,699.92
Administration 53.39
Building
Conference & Visitors Bureau
Police Department 15,822.91
Parking
Engineering
Fire
Recreation
Public Works
Water 1,718.37
Wastewater 2,105.25
Motor Vehicles
Subtotal-Overtime 19,699.92$
SALARY ADJUSTMENTS 1,459.77
TRAINING / UNIFORM ALLOWANCE 66.00
OTHER EARNINGS 14,492.20
$438,403.58

LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 41,496.56
FICA & MEDICARE 33,826.90
STATE INCOME TAX 16,159.30
STATE DISABILITY INSURANCE 5,091.06
GARNISHMENTS 1,498.90
HEALTH 7,052.23
SUPPLEMENTAL DISABILITY 1,225.81
SECTION 125 3,114.16
PERS 38,860.42
DEFERRED COMPENSATION 14,475.40
ADDITIONAL LIFE INSURANCE 349.75
UNION DUES 2,482.07
PISMO ATHLETIC CLUB 577.50
OTHER
NET PAYROLL $272,193.52
DIRECT DEPOSIT DEDUCTION 270,860.95
NET PAYROLL AFTER ACH DEPOSIT 1,332.57

SUMMARY PAYROLL REGISTER
Council Agenda 4-1-2025 9.B-2
Attachment 1

ACH/Vendor Check
Check#Number Payee Amount Description
ACH 12944 Leaf 1,231.19$ Monthly Copier Lease - Feb 2025 132823 10434 Abalone Coast Analytical Inc 144.00 Water Analysis 132824 12275 Airgas West Inc 108.04 Oxygen - Fire & MVR - Feb 2025 132825 12433 Alpha Electrical Service Inc 3,787.41 Electrical System Rebuild 132826 11509 American Industrial Supply 720.47 Safety Supplies 132827 13460 AT&T Mobility 287284035974 1,186.36 Monthly Phone Service - Jan 2025 132828 10293 Battery Systems Inc 102.15 Vehicle Maintenance 132829 10435 Berchtold Equipment Company 706.75 Vehicle Maintenance 132830 14448 David Blanchard 141.00 M&IE: Lead Records Tech Background Investigation 3/6-3/7/25 132831 11392 Brenntag Pacific Inc.1,056.07 Sodium Bisulfite 132832 10028 Brisco Mill & Lumber Yard 137.34 Maintenance Supplies 132833 14476 Burt Industrial Supply, Inc 111.84 Parks Supplies 132834 14855 California's Best Janitorial 21,312.72 Janitorial Services January 2025 132835 14889 Central Coast Security 231.00 Security Services 132836 14986 City Of San Luis Obispo 5,125.00 SWAT Team Annual Contribution FY 2024 132837 10708 Coastline Equipment 2,788.51 Vehicle Maintenance 132838 14903 Daniel Contreras 300.00 Reimb: Safety Boots FY 2025 132839 12516 County of San Luis Obispo Health Agency 4,765.93 Animal Shelter Adjusted Debt Service Installment #2 FY 24/25 132840 14482 Mathew Cox 1,605.93 Vehicle Maintenance
132841 14202 Crisp Imaging 329.59 Office Supplies
132842 13697 Dudek 1,600.00 GP/LCP Update 12/28/2024-01/24/2025 132843 12589 Ferguson Enterprises, Inc.263.25 Maintenance Supplies 132844 15027 Rosemarie Gaglione 190.80 Reimb: Food - Emergency Work Oak Park Repair 132845 14978 Glenn A. Rick Engineering & Development
Company
255.00 Sight Distance Evaluation: Hermosa Dr & Shell Beach Rd - Jan 2025 132846 10751 Haaker Equipment Company 808.12 Equipment Maintenance 132847 10149 Heacock Trailers & Truck 109.91 Maintenance Supplies 132848 12653 Dan Herlihy 317.00 M&IE: CA Police Chief's Assoc. Training Symposium 3/9-3/12/25 132849 10760 Johnboy's Towing 125.00 Towing Services
132850 15028 Susan Leal 1,000.00 Encroachment Permit Bond Release 132851 15026 Legislative Intent Services, Inc.1,090.00 Professional Services 132852 12279 McMaster Carr 86.77 Station 64 Supplies
132853 13645 MDN Engineering, LLP 19,125.00 Digester Demo Construction Observation - Dec 2024-Jan 2025 132854 12163 Michael K Nunley & Associates Inc 20,770.50 Charles St Reservoir - Jan 2025 132855 15017 Mid-Coast Fire Protection, Inc 5,258.62 Facilities Maintenance & Backflow Testing 132856 12032 Midwest Motor Supply 34.24 MVR Maintenance Supplies 132857 10097 Miners Hardware 1,300.20 Maintenance Supplies 132858 11172 Mullahey Ford 795.54 Vehicle Maintenance
132859 10039 New Times 233.00 Legal Advertising
132860 10753 Nick's Telecom 576.20 Vehicle Maintenance
132861 12199 Noble Saw, Inc 287.53 Parks Maintenance
132862 14343 ODP Business Solutions, LLC 1,145.12 Office Supplies 132863 15029 Mason Orfalea 496.46 Vacation Rental Refund 132864 14102 PeakWiFi LLC 199.95 Internet Service - Mar 2025 132865 12070 Michelle Pearson 351.20 Mileage/M&IE: AFSS Quarterly Meeting 3/12-3/13/25 132866 12912 Pegboard 276.01 Office Supplies
132867 14550 Phillco 76.95 Soft Water - Station 63 Mar 2025 132868 13613 Pismo Beach Veterinary Corp 769.76 Kylo Vet Bill 132869 14701 Pre Con Industries 835.56 Facilities Maintenance 132870 12335 Procare Janitorial Supply Inc 791.23 Janitorial Supplies 132871 12108 Santa Maria Tire, Inc.6,724.35 Vehicle Maintenance 132872 13994 SBRK Finance Holdings, Inc.588.00 CivicPay IVR Transaction Fees Feb 2025 132873 14738 SCA OF CA, LLC 13,662.62 Street Sweeping - January 2025 132874 14880 Scherle Specialties LLC 2,979.94 Vehicle Maintenance 132875 14557 Securitas Technology Corporation 578.08 Security & Fire Monitoring - Site #10727354 570 Frady & Site #10858719 550 Frady & Site #10763341 780 Bello
132876 14099 Jeffrey Smith 339.00 M&IE: CA Police Chief's Assoc. Training Symposium 3/9-3/12/25 132877 12925 Smith's Alarms & Electronics 90.00 Security Monitoring - Price House Mar-May 2025 132878 11148 Software Solutions Team 2,250.00 Computer Training Classes 132879 11722 SP Maintenance Services Inc 5,157.67 Street Sweeping Services - January 2025 132880 14933 Stommel Inc.282.33 Equipment Maintenance
132881 15016 River Testa 3,900.00 Pismo Pier Whale Painting 132882 14821 Traffic Management Products Inc 482.10 Parking Meter Signs 132883 11165 Tri County Office Furniture 2,767.63 Engineering Office Furniture 132884 10380 Trinity Cyclery 92.40 Bicycle Duty Supplies & Maintenance 132885 12620 Uline 904.37 Evidence Supplies
132886 12622 USA Bluebook Acct: 82507 1,258.24 Spill Kits & Supplies City of Pismo Beach
Final Disbursement List Check Date 03/07/2025

US BANK
Council Agenda 4-1-2025 9.B-3
Attachment 2

ACH/Vendor Check
Check#Number Payee Amount Description
City of Pismo Beach
Final Disbursement List Check Date 03/07/2025

US BANK
132887 14115 Vanir Construction Mgmt, Inc.71,029.92 Public Safety Facility CM - Dec 2024 & Jan 2025 132888 12527 Water Systems Consulting Inc 57,457.15 NCMA Staff Extension & Central Coast Blue PM & New Production Well - Jan 2025
132889 14745 Xylem Water Solutions USA, Inc 14,510.93 Submersible Pump Total:290,114.95$
Council Agenda 4-1-2025 9.B-4
Attachment 2

ACH/Vendor Check
Check#Number Payee Amount Description
ACH 10002 Internal Revenue Service 109,150.36$ Federal Income Tax PD 03/14/25 ACH 11208 SEIU Local 620 AFL/CIO 862.07 SEIU Dues PD 03/14/25 ACH 11305 Public Employees Retirement System 80,999.75 PERS Retirement from Springbrook EE & ER PD 03/14/25 & Replacement Benefit Contribution
ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 28,632.12 ICMA 457 Deferred Comp EE& ER PD 03/14/25 ACH 12305 Franchise Tax Board 21,248.27 SDI & State Income Tax PD 03/14/25 ACH 12360 CalPERS 457 Plan 291.67 PERS 457 Deferred Comp ER PD 03/14/25 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA
575.00 ICMA Roth IRA PD 03/14/25
ACH 12944 Leaf 318.06 Monthly Copier Lease Feb 2025
132891 10434 Abalone Coast Analytical Inc 144.00 Water Analysis 132892 13158 Advantage Technical Services, Inc 4,593.00 Toucan Terrace Pipeline Recoating 11/1-12/23/24 132893 11382 Applied Technology Group, Inc.195.00 FCC Call Sign Renewal 2025 132894 15038 Remi Arnaud 5,000.00 Encroachment Permit Bond Release 132895 12625 AT&T 9391083592 1,545.49 PD Migration Internet - 02/01/2025 - 02/28/2025 132896 14865 AT&T Mobility 287341782965 129.72 SCADA Hotspot - Jan 2025 132897 11589 Austin's Wet Pets and Pond Maintenance, Inc 150.00 Chapman Pond Maintenance - Feb 2025 132898 10435 Berchtold Equipment Company 2,708.33 Vehicle Maintenance 132899 13638 BESST Inc.4,306.00 Well #23 Video Survey
132900 14119 Boone Printing & Graphics, Inc.61.36 Business Cards 132901 14248 Boys and Girls Club of So. San Luis Obispo County 1,000.00 Deposit Refund 132902 10028 Brisco Mill & Lumber Yard 226.78 Maintenance Supplies 132903 14217 Broken Crown Coffee Co, LLC 187.50 Coffee
132904 10074 Burdine Printing 2,929.44 Printing & Mailing - 2025 Spring Clam Chronicle 132905 14038 Bureau Veritas North America, Inc.1,430.00 Plan Review - Jan 2025 132906 12098 Burke & Pace Lumber of Arroyo Grande 68.07 Maintenance Supplies 132907 14476 Burt Industrial Supply, Inc 76.67 Maintenance Supplies 132908 13852 California Diesel & RV LLC 728.02 Vehicle Maintenance 132909 14414 California State Disbursement Unit 415.38 Tax Withholding Order PD 03/14/25 132910 14771 California State Disbursement Unit 16.15 Tax Withholding Order #2 PD 03/14/25 132911 14876 California State Disbursement Unit 784.61 Tax Withholding Order PD 03/14/25 132912 10085 Cannon Corp 8,056.75 James Way Beautification CM - Jan 2025 132913 12506 CCGC, Inc Attn: AR 18,037.00 Public Safety Center Special Inspections - Jan 2025 132914 11451 Channel Islands Technology Integrators' Group 36,352.39 Monthly Office 365 & Phone Licenses Jan 2025 & VMware 3/1/25- 2/28/26 & IT Professional Services
132915 15036 Coco's Head Spa LLC 1,148.00 Refund: Massage Establishment Permit Fee 132916 11227 Cole Chrysler Dodge 3,170.97 Vehicle Maintenance 132917 14313 Culligan/Santa Maria 296.00 Drinking Water Feb 2025 132918 UB*01160 SALVATORE & MARY DE BELLA 72.39 Refund Check 019627-000, 116 VILLAGE CIRCLE 132919 12307 Department Of Justice 174.00 Livescan Services - Jan 2025 132920 14473 DXP Enterprises, Inc.1,782.35 Plant Water Service Repair Kit 132921 14325 Engeo Incorporated 682.88 Ocean Boulevard/Cliff Avenue Storm Drain - Jan 25 132922 13586 Famcon Pipe & Supply Inc.146.54 Distribution Maintenance 132923 12123 Farm Supply 474.06 Maintenance Supplies
132924 10191 Nadia Feeser 273.00 Mileage: CSMFO Annual Conference 2/18-2/21/25 132925 11868 FGL Environmental 615.00 Water Analysis
132926 11917 First American Title 900.00 Title Report - 101 El Portal & 2801 Shell Beach Road 132927 13401 Rebecca Forcier 452.00 M&IE: 'Cuz We're Pismo 2025 3/28-4/4/25 132928 13846 Franchise Tax Board-Tax Withholding-2 50.00 Tax Withholding Order PD 03/14/25 132929 10575 Colleen Ghiglia 317.00 M&IE: CPRS Connections Conference 3/18-3/21/25 132930 14097 Julia Goodman 241.80 M&IE/Mileage: CalPERS Advanced Compensation 3/20/25 132931 10398 Liliana Graham 376.00 Instructor: Ballroom/Latin Dance Class 2/3-2/24/25 #11664 132932 12952 GSI Water Solutions Inc 5,902.24 NCMA Annual Report - Jan 2025 132933 10165 Marcia Guthrie 109.42 Refund - 2024 Election Candidate Statement Overpayment 132934 15031 Macey Hardridge 250.00 Deposit Refund
132935 14043 Health & Human Resource Center, Inc.159.80 Employee Assistance Program - April 2025 132936 14660 Interwest Consulting Group 5,510.00 Plan Review & Inspection - Public Safety Facility - Jan 2025 132937 15023 Heather Johnson 364.30 M&IE/Mileage: 'Cuz We're Pismo 2025 4/1-4/4/25 132938 UB*01161 MELVIN & MARLENE JOHNSON 282.11 Refund Check 010873-000, 71 WHITECAP 132939 10658 Kevin Kreowski 31.52 Refund - 2024 Election Candidate Statement Overpayment 132940 15021 Wendy Lawton 1,150.00 Tax Withholding Order PD 02/28/25 132941 10428 League Of California Cities 300.00 LOCC Channel Counties Division Membership Dues 2025 132942 12096 Lee Wilson Electric Co Inc 345.00 Signal Light Maintenance - January 2025 132943 14577 LK Graphics 283.84 Nameplates
132944 14386 Louie's Crane Service, LLC 1,000.00 Water Equipment City of Pismo Beach
Final Disbursement List Check Date 03/14/2025

US BANK
Council Agenda 4-1-2025 9.B-5
Attachment 2

ACH/Vendor Check
Check#Number Payee Amount Description
City of Pismo Beach
Final Disbursement List Check Date 03/14/2025

US BANK
132945 11696 Maryland Biochemical Inc 531.74 Bacteria for WWTP 132946 13836 Mesa Energy Systems, Inc 941.95 Service Call - Server Room AC 132947 12032 Midwest Motor Supply 251.06 WWTP Supplies
132948 14739 Mike's Coffee and Tea Co.30.00 Coffee
132949 10097 Miners Hardware 1,048.86 Maintenance Supplies 132950 14405 Mission Linen Supply 3,776.57 Uniforms/Floor Mats/Towels - Feb 2025 132951 13964 MNS Engineers, Inc.2,172.50 Clarifiers CM - Dec 2024 & Jan 2025 132952 14878 Nevada State Treasurer 2.00 Garnishment Withholding Fee PD 03/14/25 132953 10039 New Times 523.00 Legal Advertising
132954 13975 Scott Newton 31.52 Refund - 2024 Election Candidate Statement Overpayment 132955 12199 Noble Saw, Inc 178.85 Maintenance Supplies 132956 14343 ODP Business Solutions, LLC 90.49 Office Supplies 132957 15037 Lindsey Overstreet 317.00 M&IE: CPRS Connections Conference 3/18-3/21/25 132958 12315 Pacific Gas & Electric Company 8,101.58 Electricity 2/3/25-3/6/25 132959 11226 Bonnie Pack 42.00 Reimb: Father Daughter Dance Strawberries 132960 10697 John Parker 300.00 Design Services
132961 13197 Pioneer Americas, LLC 10728 11,893.16 Sodium Hypochlorite 132962 10633 Pismo Beach Athletic Club Inc 1,155.00 PBAC Dues - Mar 2025 132963 12022 Pismo Beach Police Officer's Association 1,620.00 POA Dues PD 03/14/25 132964 12335 Procare Janitorial Supply Inc 823.46 Janitorial Supplies 132965 15030 Nora Ramirez 1,000.00 Deposit Refund
132966 UB*01159 KELSEY & MAURECIA REA-CLARK 16.46 Refund Check 019636-000, 333 CASTAIC 132967 10904 Ron Rodriguez 425.60 Mileage: CPRS Connections Conference 3/18-3/21/25 132968 14793 Michelle Ruch 4,000.00 Encroachment Permit Bond Release 132969 14794 Ruff Ruff Pet Products Inc 5,183.21 Dog Waste Bags 132970 10092 San Luis Obispo County 18,682.41 Election Services - November 2024 132971 13833 San Luis Obispo County Integrated Waste Mgmt Auth
154.70 Hazardous Waste Disposal
132972 13994 SBRK Finance Holdings, Inc.120.00 TCP Import & Testing for E-Timesheets - Jan 2025 132973 14877 SCaDU 230.76 Garnishment Withholding PD 03/14/25 132974 15039 Gianni Scangarello 31.52 Refund - 2024 Election Candidate Statement Overpayment 132975 14843 Schaaf & Wheeler, Consulting Civil Engineers 14,372.50 Drainage Master Plan - Jan 2025 132976 14557 Securitas Technology Corporation 490.00 Security Maintenance City Hall 132977 11168 Sherwin-Williams 166.19 Maintenance Supplies 132978 13913 Silvas Oil Co., Inc 15,598.77 Gas & Diesel Delivery 02/13/2025 & 02/27/2025 132979 10532 SLO County Sheriff-Coroner 870.00 Crime Lab Tests - November 2024 132980 12570 SLO Roasted Coffee 100.56 Coffee
132981 14099 Jeffrey Smith 122.00 M&IE: CPCA Legislative Committee Meeting 3/18-3/19/25 132982 10025 State Water Resources Control Board 39,059.60 Water System Annual Fees 7/1/24-6/30/25 132983 14933 Stommel Inc.97.28 Vehicle Supplies
132984 11323 Streator Pipe & Supply 313.78 Maintenance Supplies 132985 12078 Jason Takagi 277.80 M&IE/Mileage: RGB Spectrum Demo for Public Safety Center 3/4/25 132986 12461 TJA Advertising 65,878.72 CVB &LBID Advertising and Promotion Services - Jan 2025 132987 14821 Traffic Management Products Inc 3,069.71 Price St Parking Meter Signs 132988 11165 Tri County Office Furniture 51.80 Office Cabinet Hardware 132989 14931 U. S. Bancorp Asset Management, Inc.3,714.53 Investment Advisory Services - Dec 2024 132990 10692 Ed Waage 31.52 Refund - 2024 Election Candidate Statement Overpayment 132991 12155 Western Microscope 441.00 Microscope Repair & Maintenance 132992 12132 White Flag Pest Control Inc 345.00 Pest Control Total:566,755.34$
Council Agenda 4-1-2025 9.B-6
Attachment 2

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.C
Meeting Date: April 1, 2025
TITLE:

Monthly Investment Transaction Report of the City’s Cash and Investments for February 2025 of Fiscal Year 2025
RECOMMENDATION:

No action recommended; for information only.

DISCUSSION:

This report updates the City Council on the City of Pismo Beach’s monthly transactions of the City’s investment portfolio for the month ending February 28, 2025. California Government Code Section 53607 states that if the authority of the legislative body to invest or reinvest funds for the City is delegated to the City Treasurer, the City Treasurer shall make a monthly report of those transactions to the legislative body. Pursuant to Government Code Section 6505.5, this information is being provided here to the Pismo Beach Public Financing Authority, the Pismo Beach Public Financing Agency, and the Central Coast Blue Regional Recycled Water Authority, through the members of the City Council who sit on those boards.

The attached report includes all transactions of the City’s investments managed by the City, including funds invested in various securities and the City’s pooled funds invested in various financial instruments.
Attachment 1 provides a summary of the City’s cash, investments, and monthly interest earnings based on book value as of February 28, 2025. Attachment 2 provides details on the investment transactions for the General Fund Reserve and City Pooled Funds A (for deferred capital projects), including: purchases or deposits; sales, maturities, calls or withdrawals; and interest earnings. Attachment 3 provides details of the monthly transactions by fund for City Pooled Funds B (for current year expenditures) for the month ending February 28, 2025.

FISCAL IMPACT:

No fiscal impact from the report itself—information only.

ATTACHMENTS:

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

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

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

9.C-1Council Agenda 4-1-2025

City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned February
2025
Actual Year-to-
Date Interest
Earned Ending
2/28/25 * Data Sources
General Fund Reserves US Bank CDs/GASs/Corp
Bonds/Treasuries

2.77% avg 8,904,483 3,545$ 105,318$ 1 City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ MBSs/
Treasuries

2.20% avg 42,461,308 114,559 615,399 1
Total All Securities 51,365,791$ 118,104$ 720,716$ City Pooled Funds - B US Bank Custody 4.34%4,082,834$ 2,047$ 70,097$ 1 City Pooled Funds - B Local Agency Invest.

Fund (LAIF)
State Investment
Pool

4.62%406,346 - 79,973 2
City Pooled Funds - B PFM Asset Mgmt
CAMP
JPA Investment Pool 4.51%13,458,530 46,426 458,529 3 City Pooled Funds - B US Bank Checking & Sweep 3.98%11,059,600 38,469 518,952 4 City Pooled Funds - B 29,007,310$ 86,941$ 1,127,550$ City Pooled Funds total A + B 71,468,618$ 201,500$ 1,742,949$ Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 Pier Project 19,464$ 8$ 2,319$ 5 Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 CREB's
Project
712 2 735 5
Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2024 Public Safety
Facility
35,436,881 100,546 673,082 5
CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit Trust
Account
Various managed by
CalPERS
5,575,679$ -$ 231,373$ 6
TOTAL, Cash and Investments at February 28, 2025:121,405,837$ 305,601$ 2,755,776$ TOTAL for City Managed Portfolio, Cash and Investments:80,373,101$ 205,045$ 1,848,267$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly investment statement from US Bank
2 = Monthly statement from Local Agency Investment Fund 3 = Monthly statement from PFM Asset Management LLC
4 = Monthly reconciled bank statement from US Bank
5 = Monthly statement from Wilmington Trust
6 = Monthly statement from CalPERS Benefit Trust Account Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments

9.C-2Council Agenda 4-1-2025
Attachment 1

CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
February 28, 2025

INVESTMENT ACTIVITY

PURCHASES OR DEPOSITS
02/07/25 Purchase US Treasury Note 483,769$
02/13/25 Purchase FHLMC Multiclass Mtg 550,000
Total 1,033,769$

SALES, MATURITIES, CALLS OR WITHDRAWALS
02/10/25 Matured Apple Inc 1,062,000$
02/11/25 Sold Adobe Inc 399,788
02/11/25 Sold Toyota Mtr Mtn 264,854
02/11/25 Sold US Treasury Note 369,773
02/11/25 Sold UBS Ag Stamford 265,000
02/12/25 Sold US Treasury Note 1,680,820
02/13/25 Matured Toyota Motor Corp 257,893
02/27/25 Matured Citadel Federal Credit Union 245,000
Total 4,545,128$
ACTIVITY TOTAL (3,511,359)$

INTEREST REVENUE

GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 3,545$

POOLED INVESTMENTS
Interest Earned on Investments 114,559$
TOTAL INTEREST EARNED 118,104$
Data Source: Monthly Download of Transactions from US Bank

9.C-3Council Agenda 4-1-2025
Attachment 2

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 2/28/2025 Bank Account Description Bank ID Beginning Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Checking US Bank 11,793,522$ 3,353,468$ (4,087,390)$ -$ -$ 11,059,600$ LAIF LAIF 406,346 - - -- 406,346 PFM Asset Management LLC CAMP 13,412,104 46,426 - - - 13,458,530 Total all Bank Accounts 25,611,971$ 3,399,894$ (4,087,390)$ -$ -$ 24,924,476$ Fund Description Fund # Beginning Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Fund
General Fund 1001-10101 4,504,630 1,025,946 (1,429,696) -- 4,100,881 General Fund-Reserve 1001-10105 8,335 19 -- - 8,354 Half Cent Sales Tax Fund 1002 1,891,979 4,396 -- - 1,896,375 Special Revenue Funds
Gas Tax Fund 2001 471,413 39,071 -- - 510,483
LTF - Streets 2002 453,781 45,820 -- - 499,601
PEG Access Fund 2003 118,116 9,057 (175) -- 126,998 Police Grant Fund 2004 175,163 658 -- - 175,821 Housing In Lieu Fund 2005 99,858 118 -- - 99,976 LBID Fund 2006 1,096,237 131,265 (3,539) -- 1,223,963 Chapman House 2007 469 4,215 (1,114) -- 3,570
Capital Projects Funds
Capital Projects Fund 3001 1,685,437 734,460 (1,240,008) -- 1,179,889 Public Facilities Fund 3002 933 2 -- - 936
Park Development Fund 3003 384,017 (23,265) -- - 360,752 Circulation Fund 3101 613,670 1,423 -- - 615,093
Development Impact Fee Fund 3102 183,623 351 (9,140) -- 174,834 Developer Impact Fee Fund 3103 177,685 413 -- - 178,098 Underground Utility Fund 3201 17,566 41 -- - 17,607

9.C-4Council Agenda 4-1-2025
Attachment 3

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 2/28/2025 Fund Description Fund # Beginning Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
Debt Service Funds
Public Finance Authority Fund 4001 - - - - - - Public Finance Authority Fund 4002 - - - - - - Freeway Foothills AD Fund 4101 813 2 - - - 815 Spyglass AD Fund 4102 13,531 31 - - - 13,562 Indio-El Portal AD Fund 4112 786 2 - - - 788 Visalia Street AD Fund 4113 8,691 20 - - - 8,711 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 3,135,810 399,053 (236,782) - - 3,298,081 Water Construction Fund 6103 700,320 11,143 (9,516) - - 701,947 Water Expansion Fund 6104 486,218 1,130 - - - 487,348 Water Central Coast Blue JPA 6105 22,589 617 - - - 23,207 Wastewater Enterprise Fund 6201 696,364 218,794 (752,121) - - 163,037 Wastewater Construction Fund 6202 2,020,030 109,194 (99,285) - - 2,029,939 Wastewater Expansion Fund 6203 599,176 1,892 - - - 601,069 Wastewater CCB JPA 6204 45,865 1,254 - - - 47,119 LTF - Transit Fund 6301 - - - - - - Pier Operations Fund 6401 26,208 6,934 (14,256) - - 18,885 Parking Fund 6501 3,085,302 143,433 (31,819) - - 3,196,916 Internal Service Funds
Technology Service Fund 7101 8,838 284,399 (158,242) - - 134,995 Motor Vehicle Fund 7201 1,149,370 119,207 (59,948) - - 1,208,629 Trust & Agency Funds
SLO County TMD 8201 58,147 101,693 (108,523) - - 51,317 Control Funds
Payroll Control Fund 9301 1,398,198 878 56,570 - - 1,455,647 Interest Control Fund 9302 93,421 33,250 - - - 126,671 Utility Billing Control Fund 9304 179,382 3,182 - - - 182,564 M/R Control Fund 9305 - - - - - - Total all cash funds 25,611,971 3,410,098 (4,097,593) - - 24,924,476

9.C-5Council Agenda 4-1-2025
Attachment 3

INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 407,160 835,371 - - - 1,242,531 General Fund - CD's 1001-10404 5,185,033 (245,000) - - - 4,940,033 General Fund - Fed Agency 1001-10405 4,049,000 - - - - 4,049,000 GF Reserve Money Mkt Cash 1001-10109 34,922 3,890 - - - 38,811 GF Reserve - CD's 1001-10403 3,427,967 - - - - 3,427,967 GF Reserve - Fed Agency 1001-10402 2,208,000 - - - - 2,208,000 GF Reserve - Building 1001-10406 202,000 - - - - 202,000 GF Reserve - Building - Federal A1001-10146 298,000 - - - - 298,000 GF Reserve - Risk Mgmt - CD's 1001-10407 200,000 - - - - 200,000 GF Reserve - Risk Mgmt - Fed Ag1001-10140 50,000 - - - - 50,000 GF Corp Bond - Pooled 1001-10141 1,187,535 (1,187,535) - - - - GF Corp Bond - Reserve 1001-10145 500,000 - - - - 500,000 GF Municipal Bonds Pooled 1001-10142 - - - - - - GF Municipal Bonds Reserve 1001-10143 - - - - - - Risk Mgmt Muni Bonds Reserve 1001-10144 - - - - - - GF Treasury Note 1001-10410 9,448,562 113,996 - - - 9,562,558 GF Treasury Bill 1001-10411 - - - - - - GF Mortgage Back Sec 1001-10412 330,000 550,000 - - - 880,000 GF Reserve Treasury Note 1001-10413 2,018,516 - - - - 2,018,516 GF CREB's Fiscal Agent 1001-10515 (0) - - - - (0) GF - Half Cent Sales Tax CD's 1002-10404 735,000 - - - - 735,000 GF - Half Cent Sales Tax Fed Age1002-10405 500,000 - - - - 500,000 GF - Half Cent Sales Tax Mny Mk 1002-10108 2,704 1,401 - - - 4,105 Half Cent Sales Tax - Pooled 1002-10141 - - - - - - Half Cent Sales Tax - Muni Bond 1002-10142 - - - - - - Half Cent Sales Tax Treasury Note1002-10410 1,424,766 - - - - 1,424,766 Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 1,748 168 - - - 1,917 Housing In Lieu Fund 2005-10404 385,000 - - - - 385,000 Housing In-Lieu Fed Agencies 2005-10405 140,000 - - - - 140,000 Housing In-Lieu Treasury Note 2005-10410 - - - - - - LBID Fund Money Market Cash 2006-10108 972 15,071 - - - 16,044 LBID Fund - Treasury Note 2006-10410 1,914,063 - - - - 1,914,063 Capital Projects Funds
Capital Proj Fund Mny Mkt Cash 3001-10108 2,715 2,301 - - - 5,016 Capital Projects Fund - Pooled 3001-10141 403,640 - - - - 403,640 Capital Projects Fund - Fed Agen 3001-10405 1,000,000 - - - - 1,000,000 Capital Proj Fd Mortgage Back Se3001-10412 556,682 - - - - 556,682 Park Develop. Fund Mny Mkt 3003-10108 - - - - - - Park Development Fund 3003-10404 - - - - - - Park Develop Federal Agencies 3003-10405 - - - - - - Circulation Fees Mny Mkt 3101-10108 - - - - - - Circulation Fees 3101-10404 - - - - - - Develop. Impact Fee Mny Mkt 3102-10108 2,233 1,039 - - - 3,272 Development Impact Fee Fund 3102-10404 245,000 - - - - 245,000 Impact Fees Federal Agencies 3102-10405 - - - - - -

9.C-6Council Agenda 4-1-2025
Attachment 3

INVESTMENTS
Debt Service Funds
Capital Proj Fund - Fiscal Agent 3001-10511 35,353,519 83,362 - - - 35,436,881 Public Fin Fiscal Agent-Pier 4002-10510 2,272 17,192 - - - 19,464 Public Fin Fiscal Agent-PSF 4002-10511 - - - - - - Public Fin Fiscal Agent-CREBs 4002-10515 709 2 - - - 712 Visalia Street AD Fund 4113-10108 853 394 - - - 1,247 Visalia Street CD's 4113-10404 100,000 - - - - 100,000 Enterprise Funds
Water Fund Money Mrkt Csh 6101-10108 6,688 1,696,787 - - - 1,703,475 Water Fund CD's 6101-10404 735,000 - - - - 735,000 Wtr Fund Federal Agencies 6101-10405 2,155,000 - - - - 2,155,000 Wtr Fund Corp Bond - Pooled 6101-10141 1,052,195 - - - - 1,052,195 Water Fund Treasury Note 6101-10410 3,317,461 (1,680,820) - - - 1,636,641 Water Construction Money Mkt 6103-10108 5,630 33 - - - 5,664 Wtr Constr. Fd Corp Bond-Pool 6103-10141 393,028 - - - - 393,028 Water Construction 6103-10404 504,363 - - - - 504,363 Water Expansion Fd Mny Mkt Cas6104-10108 278 20 - - - 298 W tr Expansion Fund - Pooled 6104-10141 546,568 - - - - 546,568 Wastewater Fund Money Market C6201-10108 6,068 1,012,666 - - - 1,018,734 Wastewater Fund CD's 6201-10404 490,000 - - - - 490,000 Wastewater Fund Fed Agencies 6201-10405 2,100,000 - - - - 2,100,000 WWtr Fund Corp Bond - Pooled 6201-10141 1,862,392 (1,062,000) - - - 800,392 WWtr Fund Treasury Note 6201-10410 - - - - - - Wastewater Expansion Fund Mny 6203-10108 4,084 3,570 - - - 7,655 WWtr Expansion Fd Mortgage Ba6203-10412 1,094,546 - - - - 1,094,546 Parking Enterprise Money Mrkt 6501-10108 7,974 2,727 - - - 10,701 Parking Fund Corp Bond-Pooled 6501-10141 - - - - - - Parking Enterprise 6501-10404 980,000 - - - - 980,000 Parking Fund Federal Agencies 6501-10405 - - - - - - Parking Fund Treasury Note 6501-10410 - - - - - - Internal Service Funds
MVR Fund Money Mrkt Csh 7201-10108 19,935 3,430 - - - 23,365 MVR Fund CD's 7201-10404 1,526,000 - - - - 1,526,000 MVR Fund Federal Agencies 7201-10405 250,000 - - - - 250,000 MVR Fund Treasury Note 7201-10410 1,361,836 - - - - 1,361,836 CalPers Benefit Trust
OPEB Trust Account 8101-10408 5,575,679 - - - - 5,575,679 Total all Investments 96,313,294$ 168,066$ -$ -$ -$96,481,361$ Total all Funds 121,925,266$ 3,578,164$ (4,097,593)$ -$ -$121,405,837$

9.C-7Council Agenda 4-1-2025
Attachment 3

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D
Meeting Date: April 1, 2025

TITLE:

Annual Report for Fiscal Year 2026 from the Pismo Beach Conference and Visitors Bureau / Lodging Business Improvement District (LBID) Advisory Board; Declaration of the City Council’s Intention to Levy an Annual Assessment for the LBID for FY 2026
RECOMMENDATION:

EXECUTIVE SUMMARY:

The primary purpose of this agenda item is to present for approval the Conference and Visitors Bureau / Lodging Business Improvement District (CVB/LBID) Advisory Board’s LBID Annual Report for Fiscal Year (FY) 2026, recommend that the Council declare its intention to levy an annual assessment for the LBID for FY 2026, and direct the City Clerk to schedule a public hearing for April 15, 2025, to consider levying the assessment.

Background
The Lodging Business Improvement District (LBID) is an assessment district created by the Pismo Beach City Council on August 4, 2009 via Ordinance O-2009-008 at the request and approval of a majority of the lodging businesses operating in the City. These lodging businesses requested to raise money by assessing themselves, and then to use that money to promote Pismo Beach lodging businesses. Each year since then, the City Council has approved an annual assessment for lodging properties at 1% of gross lodging revenues. The assessments have been used to fund promotional activities for lodging and other tourism opportunities within Pismo Beach.

Pismo Beach Municipal Code Section 3.26.110 provided for a three-year sunset provision for the LBID (in early September 2012). After the passage of the LBID ordinance, California voters enacted Proposition 26, which amended the California Constitution to revise the definition of a “tax.” This set in motion the fact that the LBID assessment, in order to be extended beyond the September 2012 sunset date, was subject to compliance with Proposition 26 to avoid being considered a special tax requiring a 2/3 majority vote of the electorate to pass. With the renewal of the LBID following adoption of Proposition 26, the purposes for which LBID assessments could be expended were more limited than when the LBID was initially established. As such, the improvements and activities permitted under Section 3.26.030 of the Pismo Beach Municipal Code include:

Council Agenda 4-1-2025 9.D-1

a)The general promotion of lodging operations within the LBID shall include costs of programs and physical improvements as specified in the business plan to be adopted annually;
b) The marketing of conference, group, and vacation business that benefits the local lodging industry in the district;
c) The marketing of the LBID to the travel industry in order to benefit the local lodging industry in the district; and
d) Administration of the LBID, including collection and enforcement of assessments.

Additional 1% LBID Assessment for Physical Improvements Starting in FY 2019, the Advisory Board and City Council approved an additional 1% LBID assessment starting on January 1, 2019, to be annually approved to provide the funding to complete some significant community enhancing projects that would help promote and benefit the lodging businesses in the City of Pismo Beach. The following list provides the status of the various visitor serving projects that were supported in whole or in part by the LBID 1% assessment for physical improvements.

Completed
Pier Plaza improvements – Completed
Pedestrian connection under US 101 at Price Street for entrance into the Pismo Preserve – Completed
Pedestrian connection under US 101 at Spyglass Drive – Completed Beach swings – Completed
Christmas decorations – Completed
Maintenance equipment to clean Promenade and restrooms – Completed Stewardship banners – Completed
Sponsorships for events/seed funding – Completed
Pressure washing of sidewalks for expanded area – Completed In Progress
Addie Street restroom – Design in progress with City Council feedback, working with State Lands to ensure compliance with lease
Butterfly Grove trail signage – pending City taking over Highway 1, delays per Caltrans Butterfly Grove parking crosswalk design – pending City taking over Highway 1, delays per Caltrans
Annual Beautification Fund – in progress
Visitor Information Center – in progress
Stewardshipbanners – in progress
Sponsorships for events/seed funding – in progress
Future projects scheduled for FY 2026 include more progress on the above “In Progress” projects, plus:
Butterfly Grove parking crosswalk construction
Downtown Strategic Plan update
Christmas decorations
Council Agenda 4-1-2025 9.D-2

Lighting of ball fields
Some of these projects are multi-year projects. As such, the amount of these proposed projects that could be accomplished depends on how many years the additional 1% assessment is continued. These projects would need to be further defined with City staff working with the CVB/LBID Advisory Board and supported by the City Council.

Since passage of the LBID, the total amount of assessments collected has been $23.19 million, including $15.37 million from the original 1% assessment and $7.82 million from the 1% assessment for physical improvements.

Annual Report Requirement
Section 3.26.100 of the Pismo Beach Municipal Code states that the CVB/LBID Advisory Board shall review the implementation of the code chapter, the implementation of programs and activities funded through the code chapter, and advise the City Council on the amount of the district’s assessments and on the services, programs, and activities to be funded by the assessments, and perform such other duties as required by the Business Improvement District Law, including preparing the Annual Report required by California Streets and Highways Code Section 36533. California Streets and Highways Code Section 36533 requires that the report include information addressing the following six items:
(1) Any proposed changes in the boundaries of the parking and business improvement area or in any benefit zones within the area.
(2) The improvements and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements and the activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
(5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The amount of any contributions to be made from sources other than assessments levied pursuant to this part.

Staff attended the March 18, 2025 Pismo Beach Hospitality Association (PBHA) Board meeting to discuss the LBID Annual report, the various proposed projects, and continuing the 2% Assessment to FY 2026. The PBHA Board unanimously supported the 2% Assessment. On March 19, 2025, the CVB/LBID Advisory moved to recommend that the 2% Assessment be continued in FY 2026, and approved the Annual Report.

FY 2026 Annual Report
See Attachment 1.A: Updated CVB/LBID Advisory Board Annual Report for FY 2026.

Council Agenda 4-1-2025 9.D-3

Public Hearing
If the City Council approves the CVB/LBID Advisory Board’s recommendation this evening, a public hearing regarding the assessment will be scheduled for the next City Council meeting. Pismo Beach Municipal Code Section 3.26.060 states that “After approval of the annual report, the Pismo Beach City Council shall follow the hearing process as outlined in [California Streets and Highways Code] Section 36534 of the Law to levy assessments for the ensuing fiscal year. At the public hearing, the Pismo Beach City Council shall hear and consider all protests to the levy of assessment. If written protests are received from lodging operations in the district proposed to pay fifty percent (50%) percent or more of the annual assessment, no further proceedings to impose the levy of assessments shall take place during the ensuing fiscal year.” If protests received do not represent 50% or more, the Council may proceed to adopt a resolution imposing an assessment for FY 2026.

Conclusion and Recommendation
Staff recommends that Council adopt a Resolution (Attachment 1) approving the Annual Report for Fiscal Year (FY) 2026 from the Pismo Beach Conference and Visitors Bureau/ LBID Advisory Board, declaring the City Council’s intention to levy an annual assessment for the LBID for FY 2026, and directing the City Clerk to schedule a public hearing for April 15, 2025, to consider levying the assessment. This date is not less than 10 days after the adoption of the resolution of intention per California Streets and Highways Code Section 36534(a)(6).

FISCAL IMPACT:

If the proposed FY 2026 Annual Report is approved, it is estimated that a 1% LBID annual assessment for FY 2026 would generate $1,371,000 in LBID Assessment Revenues in FY 2026 which, after $177,906 of administrative expenses, could be used to promote lodging businesses in Pismo Beach. These costs could, in turn, generate transient occupancy tax revenues and other revenues for the city and related agencies.

In addition, the 1% LBID annual assessment for FY 2026 for physical improvements is estimated to generate the same $1,371,000. This assessment could be used to support visitor serving improvements.

Not adopting this or a similar Resolution would preclude the Council from setting an Annual Assessment for the LBID for FY 2026 and thus preclude the LBID from generating an estimated $2,742,000 in Assessment Revenues in FY 2026, which could be used to promote the lodging businesses in Pismo Beach.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Annual Report and Business Plan for FY 2026 Submitted by: Nadia Feeser, Administrative Services Director City Manager Approval:

Council Agenda 4-1-2025 9.D-4

RESOLUTION NO. R-2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA APPROVING THE ANNUAL REPORT FOR FISCAL YEAR 2026 FROM

THE PISMO BEACH CONFERENCE AND VISITORS BUREAU / LODGING

BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD, DECLARING THE CITY COUNCIL’S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE LBID FOR FY 2026, AND DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR APRIL 15, 2025, TO CONSIDER LEVYING THE ASSESSMENT
WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.) authorizes cities to establish parking and business improvement areas for the purpose of imposing assessments on businesses for certain purposes; and
WHEREAS, the Pismo Beach City Council established the Lodging Business Improvement District (“the District” or “LBID”) by the adoption of Ordinance O-2009-008; and
WHEREAS, the Conference and Visitors Bureau / Lodging Business Improvement District Advisory Board has submitted an Annual Report to Council that outlines the activities of the District proposed for Fiscal Year (FY) 2026 as required by California Streets and Highways Code Section 36533; and
WHEREAS, the City Council finds the Annual Report to be complete, to comply with the interests of the District assessees, and to contain the information required by California Streets and Highways Code Section 36533; and
WHEREAS, California Streets and Highways Code Sections 36534 and 36535 require that in order to levy an assessment, the Council must adopt a Resolution of Intention that declares its intent to levy such assessment, and then set a date for a public hearing where interested parties may be heard on the issue.

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

Section 1. The City Council hereby approves the Annual Report for FY 2026, as submitted to the City Clerk by the CVB/LBID Advisory Board and attached as Exhibit A.

Section 2. No changes are proposed to the boundaries of the Lodging Business Improvement District.

Section 3. Pursuant to the provisions of Section 36500 et seq. of the California Streets and Highways Code, the City Council declares its intent to levy and collect an annual assessment for the Lodging Business Improvement District for FY 2026. The assessment Council Agenda 4-1-2025 9.D-5
Attachment 1

shall be calculated based upon 2% of the gross lodging revenues, as that term is defined in Pismo Beach Municipal Code Section 3.26.020(D).

Section 4. The authorized uses for the revenues derived from the assessment are stated in Pismo Beach Municipal Code Section 3.26.030, and no changes to these uses are proposed in the Annual Report for FY 2026. The authorized uses as stated in that section are:
a) The general promotion of lodging operations within the LBID shall include costs of programs and physical improvements as specified in the business plan to be adopted annually;
b) The marketing of conference, group, and vacation business that benefits the local lodging industry in the district;
c) The marketing of the LBID to the travel industry in order to benefit the local lodging industry in the district;
d) Administration of the LBID, including collection and enforcement of assessments.

Section 5. An outline description of the improvements and activities to be provided in FY 2026, the boundaries of the District, and the proposed assessments to be levied upon the businesses within the area are contained within the Annual Report for FY 2026 filed with the City Clerk by the CVB/LBID Advisory Board.

Section 6. A public hearing shall be held before the City Council on April 15, 2025 in the City Council Chamber, 760 Mattie Road, Pismo Beach, California. Following the hearing, Council will consider adoption of a resolution levying the assessment as recommended by the CVB/LBID Advisory Board.

At this hearing, Council will hear all interested persons, and protests may be made orally or in writing. Written protests shall be filed with the City Clerk at or before the hearing. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing, and shall clearly set forth the irregularity or defect to which the objection is made. Council may correct minor defects in the proceedings during the hearing.

If written protests against the assessment are received from business owners that will pay fifty percent or more of the proposed assessment, no further proceedings to levy the assessment shall be taken for one year from the date of the finding of a majority protest by Council. If the majority protest by business owners is against the furnishing of a specified improvement or activity within the District, those improvements or activities shall be eliminated. In order to be counted toward a majority protest, each written protest shall be from the business owner and contain a business description sufficient to identify the business. If the protesting person is not shown on the City’s official business license records as owner of the business, the protest shall contain written evidence that the person is the business owner.

Council Agenda 4-1-2025 9.D-6
Attachment 1

Section 7. The City Clerk is hereby directed to give notice of said hearing by causing the Resolution of Intention to be published once in a newspaper of general circulation in the City of Pismo Beach not less than seven days before the public hearing.

Section 8. This Resolution is effective on its adoption.

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 1st day of April 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 4-1-2025 9.D-7
Attachment 1

Pismo Beach Lodging Business Improvement District
Annual Report and Business Plan for Fiscal Year 2025-2026 Presented to the Pismo Beach City Council by the City Conference & Visitors Bureau / Lodging Business Improvement District Advisory Board
The City of Pismo Beach’s Conference & Visitors Bureau (CVB) Board at its meeting on March 19, 2025, completed its Pismo Beach Lodging Business Improvement District Updated Annual Report and Business Plan as required by Section 3.26.060 of the Pismo Beach Municipal Code.

Regarding the requirements for the Annual Report, as stated in Section 36533 of the California Streets and Highways Code:

1.The Pismo Beach Lodging Business Improvement District (LBID) Advisory Board did not propose any changes in the Boundaries of the LBID, which were established in Section

3.26.040 to be the boundaries of the City of Pismo Beach.

2.With the renewal of the LBID following adoption of Proposition 26, the purposes for which LBID assessments could be expended were more limited than when the LBID was initially established. As such, the improvements and activities to be provided for in Fiscal Year (FY) 2026 are those services and activities permitted under Section 3.26.030 of the Pismo Beach Municipal Code, which include:

A. The general promotion of lodging operations within the LBID shall include costs of programs and physical improvements as specified in the business plan to be adopted annually;
B. The marketing of conference, group, and vacation business that benefits the local lodging industry in the district;
C. The marketing of the LBID to the travel industry in order to benefit the local lodging industry in the district;
D. Administration of the LBID, including collection and enforcement of assessments.

The continuing initiatives proposed for the original 1% LBID Assessment for FY 2026 include the following: Following the Strategic Plan including smart tourism growth, collaborative partnerships, expand brand initiatives and awareness and visitor and resident satisfaction with Pismo Beach. This will be accomplished by following the 2025-2028 Marketing Plan with ongoing reviews at the CVB/LBID Advisory Board Meetings. Specific initiatives include emphasis on lodging packages, targeted advertising of the four-to-five-hour drive markets of both Southern and Northern California, Fresno, Bakersfield, Ventura County, and Santa Barbara County, as well as San Luis Obispo flight routes from Los Angeles, San Diego, Council Agenda 4-1-2025 9.D-8
Attachment 1.A

Phoenix, Denver, Seattle, Dallas and San Francisco. Continue cooperative advertising with the County Tourism Marketing District and other tourism partners, such as Central Coast Tourism Council and Visit California. There will be a continuing effort to promote off-season events that benefit the lodging industry in Pismo Beach and other marketing efforts with emphasis on all social media platforms. All advertising and marketing efforts will drive customers to the ExperiencePismoBeach.com website to select their lodging preference.

These efforts are designed to improve lodging occupancies, RevPAR and TOT taxes which benefit all the residents of Pismo Beach.

The physical improvements proposed for the additional 1% LBID Assessment for FY 2026 include the Addie Street restroom improvements project and the Butterfly Grove Trail Signage project continued from FY 2024, plus visitor information center, stewardship banners, sponsorship or seed funding for events, Christmas decorations, beautification, Butterfly Grove parking crosswalk construction, beach cleaning equipment, lighting of ball fields, and a Downtown Strategic Plan update. These efforts are designed to improve lodging occupancies, RevPAR and TOT taxes which benefit all the residents of Pismo Beach.

3.Estimated Costs for FY 2025 and FY 2026
FY 2025 Projected Actuals for Original 1% Assessment
•Sources: The FY 2025 projected actual total sources of $2,114,705, made up of $707,097 from fund balance carried over from the prior fiscal year, an estimated $1,348,712 from LBID assessment revenues, and a projected $58,896 in interest earnings and fees. •Uses: The FY 2025 projected actual expenditures are $1,636,703. This total includes $145,310 for administrative costs and $1,491,393 for direct costs.

The following table shows: the FY 2025 projected actuals for the original 1% assessment, followed by summary tables of the total uses by administrative costs, direct costs, and improvements and details on the direct costs.

Council Agenda 4-1-2025 9.D-9
Attachment 1.A

The next tables summarize the total uses by administrative costs and direct costs, and provides the components of the direct costs.

FY 2025
Original 1%
Beginning Fund Balance 707,097$
Revenues
LBID Assessment Revenues 1,348,712
Interest Earnings 58,896
Total Revenues 1,407,608$
Total Sources 2,114,705$
Expenditures
SALARIES & WAGES 34,946
BENEFITS 7,800
PURCHASE PROFESSIONAL SVCS 130,166
TOT Audit 16,000
OTHER PURCHASED SERVICES 1,235,227
OPERATIONS & MAINTENANCE 2,300
OTHER EXPENSES 100,264
Sponsorships for Events 80,000
CalPoly Clam Study 30,000
Total Expenditures 1,636,703$
Net Revs - Exp (229,095)
Carryforward
Ending Fund Balance 478,002$
FY 2025
Original 1%
Administrative/Overhead 145,310$
Direct Costs 1,491,393$
Direct Costs
TJA Agreement 1,347,255$
Miscellaneous direct costs 34,138
CalPoly Clam Study 30,000
Contributions/Sponsorships
WSL SLO CAL Open at Pismo Beach 60,000
2024 Surfing for Hope Longboad Classic Event 20,000
Subtotal Contributions 80,000
Total Direct Costs 1,491,393$
Council Agenda 4-1-2025 9.D-10
Attachment 1.A

FY 2025 Projected Actuals for 1% Assessment for Physical Improvements •Sources: The FY 2025 projected actual total sources of $3,323,695, made up of $1,916,088 from fund balance carried over from the prior fiscal year, an estimated $1,348,712 from LBID assessment revenues, and a projected $58,896 in interest earnings and fees.
•Uses: The FY 2025 projected actual expenditures are $509,218. This total includes various direct costs as listed in the following table.

The following table shows the FY 2025 projected actuals for the 1% assessment for physical improvements.

FY 2026 Proposed Budget for Original 1% Assessment
•Sources: The FY 2026 preliminary proposed budget total sources of $1,864,166, made up of $478,002 from fund balance carried over from the prior fiscal year, an estimated $1,371,000 from LBID assessment revenues, and a projected $15,164 in interest earnings and fees.
•Uses: The FY 2026 preliminary proposed budget expenditures are $1,623,299. This total includes $177,906 for administrative costs and $1,445,393 for direct costs.

FY 2025
Physical
Improvements
Beginning Fund Balance 1,916,088$
Revenues
LBID Assessment Revenues 1,348,712
Interest Earnings 58,896
Total Revenues 1,407,608$
Total Sources 3,323,695$
Expenditures
Visitor Information Center 50,000
Stewardship Banner 25,000
Christmas Decorations 120,000
Annual Beautification 50,000
Pressure washer for expanded area 18,793
Maintenance Equipment to clean Promenade and
Restrooms 245,425
Total Expenditures 509,218$
Net Revs - Exp 898,389
Carryforward
Ending Fund Balance 2,814,477$
Council Agenda 4-1-2025 9.D-11
Attachment 1.A

The following table shows: the FY 2026 preliminary proposed budget sources and uses, followed by summary tables of the total uses by administrative costs, direct costs, and improvements and details on the direct costs.

The next tables summarize the total uses by administrative costs and direct costs and provides the components of the direct costs.

FY 2026
Original 1%
Beginning Fund Balance 478,002$
Revenues
LBID Assessment Revenues 1,371,000
Interest Earnings 15,164
Total Revenues 1,386,164$
Total Sources 1,864,166$
Expenditures
SALARIES & WAGES 38,880
BENEFITS 3,977
PURCHASE PROFESSIONAL SVCS 130,166
OTHER PURCHASED SERVICES 1,235,227
OPERATIONS & MAINTENANCE 500
OTHER EXPENSES 134,549
Sponsorships for Events 50,000
CalPoly Clam Study 30,000
Total Expenditures 1,623,299$
Net Revs - Exp (237,135)
Carryforward
Ending Fund Balance 240,867$
FY 2026
Original 1%
Administrative/Overhead 177,906$
Direct Costs 1,445,393
Direct Costs
TJA Agreement 1,347,255$
Miscellaneous direct costs 18,138
CalPoly Clam Study 30,000
Contributions/Sponsorships 50,000
Subtotal Contributions -
Total Direct Costs 1,445,393$
Council Agenda 4-1-2025 9.D-12
Attachment 1.A

FY 2026 Proposed Budget for 1% Assessment for Physical Improvements • Sources: The FY 2026 preliminary proposed budget total sources of $4,200,641, made up of $2,814,477 from fund balance carried over from the prior fiscal year, an estimated $1,371,000 from LBID assessment revenues, and a projected $15,164 in interest earnings and fees.
• Uses: The FY 2026 preliminary proposed budget expenditures total $2,705,000, including various projects carried over from the previous fiscal year that were not completed. This total includes various direct costs as listed in the following table.

The following table shows the FY 2026 proposed budget for the 1% assessment for physical improvements.

As the revenues and expenditures in this report reflect projections, it is prudent to continue to monitor these items over the course of the fiscal year.

FY 2026
Physical
Improvements
Beginning Fund Balance 2,814,477$
Revenues
LBID Assessment Revenues 1,371,000
Interest Earnings 15,164
Total Revenues 1,386,164$
Total Sources 4,200,641$
Expenditures
Visitor Information Center 50,000
Stewardship Banner 20,000
Sponsorships for Events 50,000
FY24 Addie St Restroom Improvements 1,200,000
Christmas Decorations 25,000
Annual Beautification 50,000
Butterfly Grove Trail Signage 50,000
Butterfly Grove Parking Crosswalk 600,000
Beach Cleaning Equipment 100,000
Lighting of Ball Fields 60,000
Downtown Strategic Plan Update 500,000
Total Expenditures 2,705,000$
Net Revs - Exp (1,318,836)
Carryforward
Ending Fund Balance 1,495,641$
Council Agenda 4-1-2025 9.D-13
Attachment 1.A

4.No change in the LBID method or basis of levying the assessment was proposed for FY 2026. The CVB/LBID Advisory Board approved a motion to recommend that the 2% Assessment be continued in FY 2026.

5.The FY 2025 LBID budget for the original 1% assessment is projected to include a $478,002 surplus left over for carryover into FY 2026. The FY 2025 LBID budget for the 1% assessment for physical improvements is projected to include a $2,814,477 surplus left over for carryover into FY 2026.

6.The FY 2026 LBID Projected Actuals includes $30,328 in projected interest earnings, which comes from investments from the 2% assessment levied on transient rentals, and fund balance carried over from the prior fiscal year. The CVB/LBID Advisory Board did not recommend that any other contributions be budgeted for FY 2026.

Council Agenda 4-1-2025 9.D-14
Attachment 1.A

PISMO BEACH PUBLIC FINANCING AUTHORITY

STAFF REPORT
Agenda Item #9.E
Meeting Date: April 1, 2025
TITLE:

Annual Election of Officers; Pismo Beach Public Financing Authority RECOMMENDATION:

Adopt a Resolution of the Board of Directors of the Pismo Beach Public Financing Authority conducting the annual election of officers.

DISCUSSION:

The purposes of this agenda item of the Public Financing Authority (Authority) are to hold the annual regular meeting and to hold the annual election of specified officers—as required by Authority Resolutions and by the Rules and Regulations of the Authority.

History
The Pismo Beach Public Financing Authority was created pursuant to a Joint Exercise Powers Agreement dated April 2, 1991, by and between the City of Pismo Beach and the Redevelopment Agency of the City of Pismo Beach. The Agreement provides that "The Authority shall be administered by a Board of five (5) Directors…" and that "The members of the City Council of the City […] shall constitute the Directors of the Authority." At its initial meeting on April 2, 1991, the Authority Board of Directors adopted Resolution No. PFA-91-1, electing and designating officers. The Board also adopted Resolution No.

PFA-91-2, which provided for Regular Meetings of the Board to be held annually on the first Tuesday of each April.

Resolution No. PFA-91-2 also established the Rules and Regulations of the Authority.

Section 3.02 of the Rules and Regulations provides that "The Chairperson, Vice Chairperson and Secretary shall be chosen annually by the Board." Section 3.03 provides that "The Board may elect or authorize the appointment of such other officers […] as the business of the Authority may require."
Purpose of the Authority
The Authority had an outstanding debt issuance, the 2012 Series Lease Revenue Bonds to support the Wastewater Treatment Facilities and Loan Match refunding. These bonds were redeemed in Fiscal Year 2024. Staff will continue to keep the Authority active for the near future to complete reporting and also in the event the Authority is needed for the future.

Today
Following the practices of recent annual elections, the attached Resolution (Attachment 1) provides for the election of a Chairperson, Vice Chairperson, and Secretary, and also for the election of an Executive Director, a Legal Advisor, and a Deputy Secretary. The persons named in the attached Resolution are the same persons elected last year.

Section 3.02 of the Agreement provides that "the Treasurer of the City is hereby Council Agenda 4-1-2025 9.E-1

designated as the Treasurer of the Authority," thus no election needs to be made for the office of Treasurer.

Conclusion and Recommendation
Staff recommends that the City Council, convened as the Board of Directors of the Pismo Beach Public Financing Authority, adopt the attached Resolution (Attachment 1) conducting the annual election of officers.

FISCAL IMPACT:

No direct fiscal impact is associated with the annual election of officers.

ATTACHMENTS:

1. Resolution
Submitted by: Nadia Feeser, Treasurer
Executive Director Approval:

Council Agenda 4-1-2025 9.E-2

RESOLUTION NO. PFA-R-2025-XXX

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PISMO BEACH PUBLIC

FINANCING AUTHORITY CONDUCTING THE ANNUAL ELECTION OF OFFICERS WHEREAS, the Pismo Beach Public Financing Authority was created pursuant to a Joint Exercise Powers Agreement dated April 2, 1991, by and between the City of Pismo Beach and the Redevelopment Agency of the City of Pismo Beach; and WHEREAS, said Agreement provides that the Authority shall be administered by a Board of five Directors; and
WHEREAS, said Agreement also provides that the members of the City Council of the City, as such members may change from time to time, shall constitute the Directors of the Authority; and
WHEREAS, the Rules and Regulations of the Authority were established by Authority Resolution No. PFA-91-2, adopted by the Board of Directors on April 2, 1991; and WHEREAS, Article III of The Rules and Regulation of the Authority provides for the election of Officers.

NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Pismo Beach Public Financing Authority that the following persons be elected to the offices set opposite their names below, as Chairperson, Vice Chairperson and Secretary of the Authority, each to hold office until she or he shall resign or shall be removed, or otherwise shall be disqualified to serve, or her / his successor shall be elected and qualified to serve:

Chairperson Edward Waage
Vice Chairperson Mary Ann Reiss
Secretary Erica Inderlied
BE IT FURTHER RESOLVED by the Board of Directors of the Pismo Beach Public Financing Authority that the following persons be elected to the offices set opposite their names below, as Executive Director, Legal Advisor and Deputy Secretary of the Authority, each of whom shall hold office for such period, have such authority and perform such duties as are provided in the Rules and Regulations, or as the Board from time to time may authorize or determine:

Executive Director Jorge E. Garcia
Legal Advisor David Fleishman
Deputy Secretary Sheila Rothstein
Council Agenda 4-1-2025 9.E-3
Attachment 1

UPON MOTION OF Board Member , seconded by Board Member , the foregoing resolution was adopted by the Public Financing Authority of the City of Pismo Beach this 1st day of April 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Chairperson Erica Inderlied, Secretary
IN WITNESS WHEREOF, I have hereunto set my hand on _______________________. ________________________
Erica Inderlied, Secretary
Council Agenda 4-1-2025 9.E-4
Attachment 1

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.F
Meeting Date: April 1, 2025
TITLE:

Notice of Completion and Acceptance of Public Improvements for Parcel Map 21- 0032, Hinds Avenue
RECOMMENDATION:

1.Accept the public improvements for Parcel Map 21-0032 as complete and authorize the release of the improvement securities;

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

DISCUSSION:

Parcel Map 21-0032, located at 478 Hinds Avenue, is a 3-lot residential subdivision consisting of three detached single-family residences (vicinity map included as Attachment 2).

As required by the Subdivision Improvement Agreement, the owner provided improvement securities to guarantee completion of the improvements, payment for labor and materials, and installation of the tract survey monuments. Since the public improvements are complete and survey monuments have been set, release of the improvement securities is warranted.

Conclusion and Recommendation
Staff recommends that the City Council accept the public improvements for Parcel Map 21-0032 as complete, authorize the release of the improvement securities and authorize the Notice of Completion (Attachment 1) to be recorded at the County Clerk’s office.

FISCAL IMPACT:

There are no immediate fiscal impacts associated with acceptance of the improvements.

Staff time for the project was paid by the Developer’s land development fees.

ATTACHMENTS:

1.Notice of Completion

2.Vicinity Map
Prepared by:

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

Council Agenda 4-1-2025 9.F-1

RECORDING REQUESTED BY:

WHEN RECORDED, RETURN TO:

CITY CLERK

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

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

NOTICE OF COMPLETION AND ACCEPTANCE
FOR PARCEL MAP PB21-0032
NOTICE IS HEREBY GIVEN by the City of Pismo Beach in the County of San Luis Obispo, State of California, as follows:

1.That on the 1st of April 2025, the project hereunder described was considered completed and accepted by the City Council of the City of Pismo Beach.

2.That the description of said project is the construction of public improvements associated with Parcel Map PB21-0032, for the City of Pismo Beach.

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

4.That the name of the owner/contractor on said project is Pismo Homes LLC, PO Box 1649, Arroyo Grande, CA 93421.

5.The name of the Surety on the project is SureTec Insurance Company, 2103 CityWest Blvd., Suite 1300, Houston, TX 77042.

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

Date:

Jorge E. Garcia, City Manager
Attest:

Erica Inderlied, City Clerk
Council Agenda 4-1-2025 9.F-2
Attachment 1

Council Agenda 4-1-2025 9.F-3
Attachment 2

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.G
Meeting Date: April 1, 2025

TITLE:

Authorization of Purchase Order with Southpaw Sign Company, Inc. for Purchase of Park Signs
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to execute a purchase order with Southpaw Sign Company, Inc. for purchase and installation of park signs in the amount of $116,010.89.

DISCUSSION:

The City of Pismo Beach maintains thirteen different parks for the enjoyment of residents and visitors. In February of 2021 staff began working to redesign and install park signs at eleven of the parks, as well as at the sports courts on Shell Beach Road and the sports complex on Frady Lane. Dinosaur Caves Park and Price Historical Park were not included in the project as those parks have their own Master Plans, which specify the entrance signs be specific to the character of the park.

Samples of park signs were presented to the Parks, Recreation and Beautification Committee (PRBC). The PRBC formed an ad-hoc committee which approved artistic designs; additionally, it was determined the park signs should follow the approved City Style Guide. Staff was able to contract with Southpaw Sign Company, Inc. (Southpaw) to create a park sign that aligns with both the City Style Guide and the PRBC recommendations, and includes addresses for emergency responders. The design was incorporated into a large version of the sign for placement at parks where there is space, and a small version for smaller parks and where maintaining views was a priority. In addition, a sign for the top of select beach access stairs was developed.

The revised sign designs were presented to City Council at the special goals workshop on February 16, 2024. At that meeting, Council directed staff to move forward with the installation of signs at two parks (Memory Park and Chumash Park) as a pilot project so that the size, material and look of the signs could be evaluated in person. In July of 2024, the large version of the park sign was installed at Chumash Park and the small version of the park sign and the beach access stairs sign were installed at Memory Park. These signs are shown in Figures 1-3 on the following page.

Staff has worked with Southpaw to develop a sign plan for the remaining nine parks, as well as the sports courts on Shell Beach Road and sports complex on Frady Lane. The location and type of sign for each location is provided in Attachment 2. If approved, Southpaw will move forward with the fabrication of the signs as well as delivery and installation at each location.

Council Agenda 4-1-2025 9.G-1

Figure 1. Chumash Park - Large Park Sign
Figure 2. Memory Park – Small Park Sign
Figure 3. Memory Park – Beach Access Stairs Sign
Council Agenda 4-1-2025 9.G-2

Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) authorizing a purchase order with Southpaw Sign Company, Inc. in the amount of 116,010.89 for the purchase and installation of park signs at thirteen locations to complete the project.

FISCAL IMPACT:

The fiscal impact of the attached resolution is $116,010.89 in expenditures from the Capital Projects Fund, supported by the General Fund. The FY 2025 Capital Projects Fund budget includes $116,012.44 already budgeted for the Park Sign Updates project.

Item Fiscal Impact
Park Signs Budget $116,012.44
Purchase/Install Park Signs ($116,010.89)
Remaining Balance $1.55
ATTACHMENTS:

1. Resolution

2. Park Signage Map

3. Quotes
Prepared by:

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

Council Agenda 4-1-2025 9.G-3

RESOLUTION NO. R-2025-XXX

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

CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH SOUTHPAW SIGN COMPANY, INC. FOR PURCHASE AND INSTALLATION OF PARK SIGNS IN THE AMOUNT OF $116,010.89 WHEREAS, the City of Pismo Beach maintains thirteen different parks for the enjoyment of residents and visitors; and
WHEREAS, the City has been working to redesign and install park signs at eleven of the parks, as well as at the sports courts on Shell Beach Road and the sports complex on Frady Lane; and
WHEREAS, staff has worked with Southpaw Sign Company, Inc. (Southpaw) to create a park sign that aligned with both the City Style Guide, PRBC recommendations, and includes addresses for emergency responders; and
WHEREAS, following the special goals workshop on February 16, 2024, Council directed staff to install signs at two locations as a pilot project; and WHEREAS, Southpaw has developed a sign plan for the remaining parks, as well as the sports courts on Shell Beach Road and sports complex on Frady Lane; and WHEREAS, the Fiscal Year 2025 Capital Projects Fund has sufficient budget to support this purchase order.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute a purchase order with Southpaw Sign Company, Inc. for purchase and installation of park signs in the amount of $116,010.89.

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 1st day of April 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
Council Agenda 4-1-2025 9.G-4

IN WITNESS WHEREOF, I have hereunto set my hand on _______________________. ________________________
Erica Inderlied, City Clerk
Attachment 1
Council Agenda 4-1-2025 9.G-5

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Attachment 3
Council Agenda 4-1-2025 9.G-40

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.H
Meeting Date: April 1, 2025

TITLE:

Award of Contract to Souza Engineering Contracting, Inc. dba Souza Construction for the Oak Park Medical Plaza Parking Lot Repair Project; Related Budget Adjustments
RECOMMENDATION:

DISCUSSION:

On January 30, 2025, a City-owned water line that runs under the parking lot of the Oak Park Medical Plaza located at 901 N. Oak Park Boulevard ruptured when a valve failed.

Staff quickly responded and replaced the failed 6” valve; however, approximately 10,000 square feet of parking lot was damaged by the pressure of the water that was released.

The Oak Park Medical Plaza Parking Lot Repair Project consists of a base bid for removal and replacement of damaged asphalt and sub-base in the parking lot. Bid alternate #1 was included as an option for removal and replacement of asphalt and sub-base on Oak Park Boulevard to address damaged asphalt adjacent to the parking lot that was thought to have been caused by the water line break. During the bidding process, it was determined that the source of the water that caused the damage on Oak Park Boulevard is not related to the water line break in the parking lot. Staff is recommending that bid alternate #1 be deferred until a later date when the source of the water on Oak Park Boulevard has been identified.

Construction
The project was advertised for construction bids and six bids were received on March 20, 2025 ranging in amount from $133,432.00 to $209,265.92 for the base bid plus bid alternate 1, the basis of award. The lowest responsible bidder is Souza Engineering Contracting, Inc. dba Souza Construction (Souza Construction) with a bid of $133,432.00 (bid results provided for reference in Table 1). Staff has verified Souza Construction’s references and qualifications, and recommends the Council adopt a Resolution (Attachment 1) awarding a contract (Attachment 2) to Souza Construction in the amount of $107,521 for the base bid only.

9.H-1Council Agenda 4-1-2025

Table 1. Bid Results
Company Name Base Bid Bid
Alternate 1
Base Bid Plus Bid Alternate
1 (Basis of Award)
Souza Construction $107,521.00 25,911.00 $133,432.00
R Burke Corporation $117,362.12 $28,485.00 $145,847.12
Brough Construction $132,422.00 $25,855.00 $158,277.00
Mission Paving $134,739.40 $27,185.00 $161,924.00
Papich Construction $151,461.00 $40,014.00 $191,475.00
J.F. Will Company $178,636.72 $30,629.20 $209,265.92
Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a contract with Souza Construction for construction of the Oak Park Medical Plaza Parking Lot Repair Project in the amount of $107,521 for the base bid only, and appropriating related budget adjustments in Fiscal Year (FY) 2025.

FISCAL IMPACT:

The fiscal impact of adopting the subject Resolution is an additional $151,220.50 in the Water Enterprise Fund to construct the project. The total estimated project cost includes construction management, materials testing, utility line locating and a 10% contingency.

Staff recommends appropriating $151,221 in the Water Construction Fund to support the project budget, including related transfers between funds in FY 2025. The estimated project costs are shown in Table 2 below.

Table 2. FY 2025 Project Funding
Item Fiscal Impact
Project Cost
Construction Costs (Souza Construction)$107,521.00
10% Contingency $10,752.00
CM Costs (CLAD Consulting)$18,000.00
Materials Testing (Earth Systems)$11,647.50
Utility Line Locating (All Private Utility Locating)$3,300.00 Total Project Cost $151,220.50
ATTACHMENTS:

1. Resolution

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

9.H-2Council Agenda 4-1-2025

RESOLUTION NO. R-2025-XXX

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

CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SOUZA ENGINEERING CONTRACTING, INC. DBA SOUZA CONSTRUCTION

FOR CONSTRUCTION OF THE OAK PARK MEDICAL PLAZA PARKING LOT REPAIR PROJECT IN THE AMOUNT OF $107,521 FOR THE BASE BID ONLY AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2025 WHEREAS, on January 30, 2025, a City water line that runs under the parking lot of the Oak Park Medical Plaza located at 901 N. Oak Park Blvd. experienced a main break; and WHEREAS, staff quickly responded and repaired the break; however, approximately 10,000 square feet of parking lot was damaged by water released during the break; and WHEREAS, the Oak Park Medical Plaza Parking Lot Repair Project consists of a base bid and one bid alternate; and
WHEREAS, on March 20, 2025, six bids were received ranging in amount from $133,432.00 to $209,265.92 for the base bid plus bid alternate 1, the basis of award; and WHEREAS, the lowest responsible bidder is Souza Engineering Contracting, Inc. dba Souza Construction (Souza Construction) with a bid of $133,432.00; and WHEREAS, staff recommends that bid alternate #1 be deferred until a later date when the source of the water on Oak Park Blvd. has been identified.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a contract with Souza Engineering Contracting, Inc. dba Souza Construction, in substantially the form attached to staff’s report dated April 1, 2025, for construction of the Oak Park Medical Plaza Parking Lot Repair Project in the amount of $107,521.00 for the base bid only.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $151,221 in the Water Construction Fund infrastructure account North Oak Park Repair project, and appropriates related transfers between funds, in Fiscal Year 2025.

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 1st day of April 2025, by the following vote:

AYES:

NOES:

ABSENT:

9.H-3Council Agenda 4-1-2025
Attachment 1

ABSTAIN:

RECUSED:

9.H-4Council Agenda 4-1-2025
Attachment 1

1 of 11
Construction Services Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

CONSTRUCTION SERVICES AGREEMENT
This Construction Services Agreement (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation ("CITY"), and Souza Engineering Contracting, Inc. dba Souza Construction, a corporation ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK
CONTRACTOR shall perform within the time set forth in Article 2 of this AGREEMENT and shall furnish at its own cost all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of parking lot repairs for the Oak Park Medical Plaza Parking Lot Repair (hereinafter “Project”).

By entering into this AGREEMENT, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own. CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, CITY, the Project Manager, the Public Works Director/City Engineer, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, CONTRACTOR will have no remedy, and hereby expressly waives any remedy against CITY, the Project Manager, or the Public Works Director/City Engineer on account of delay, hindrance, interference or other events caused by a separate contractor.

II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Construction Schedule. All work shall commence fifteen (15) calendar days after receiving a written Notice to Proceed from CITY or Project Manager, if a Project Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to CITY comprises the entire “Project” and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within 10 consecutive working days (“Contract Time”).

III. THE CONTRACT SUM
CITY shall pay to CONTRACTOR for the performance of this AGREEMENT, subject to any additions and deductions provided in the Project documents, the sum of one hundred seven thousand five hundred twenty-one dollars ($107,521).

IV. PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Public Works Director/City Engineer by CONTRACTOR and Certificates for Payment issued by the Public Works Director/City Engineer, CITY shall make progress payments on account of the Contract Sum to CONTRACTOR as provided in the General Conditions.
2 of 11
Construction Services Agreement (Rev. 2/2/2018)
This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to CONTRACTOR of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

This AGREEMENT is also subject to the provisions of Public Contract Code Section 9204, which provides for the submission and resolution of specified claims by CONTRACTOR, including provisions governing the type of claims that may be submitted, the time to respond to such claims, and alternative dispute resolution procedures. The provisions of Section 9204 are incorporated herein by reference, and to the extent CONTRACTOR asserts a claim specified by Section 9204, CONTRACTOR shall comply with all provisions set forth in Section 9204 in submitting a claim to CITY.

V. RETENTION OF SECURITIES
Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by CITY to ensure performance under a contract, at the request and expense of CONTRACTOR.

Substitution of securities shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allows the substitution of securities. Alternatively, CONTRACTOR may request that CITY make payment of retention earned directly to an escrow agent at the expense of CONTRACTOR. At the expense of CONTRACTOR, CONTRACTOR may direct the investment of the payments into securities and CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by CONTRACTOR. Upon satisfactory completion of the contract, CONTRACTOR shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from CITY, pursuant to the terms of this section.

The escrow agreement entered into pursuant to this section must be substantially similar to the form included in Public Contract Code Section 22300(e). CONTRACTOR shall obtain the written consent of its surety to such escrow agreement. Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by CONTRACTOR and CITY.

In accordance with Public Contract Code Section 22300(d)(1), if CONTRACTOR elects to receive interest on moneys withheld in retention by CITY, CONTRACTOR shall, at the request of any subcontractor performing more than five percent of CONTRACTOR’s total bid, make that option available to the subcontractor regarding any moneys withheld in retention by CONTRACTOR from the subcontractor.

VI. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of CONTRACTOR’s performance or CONTRACTOR’s failure to perform its obligations under this

9.H-5Council Agenda 4-1-2025
Attachment 2

3 of 11
Construction Services Agreement (Rev. 2/2/2018)
AGREEMENT or out of the operations conducted by CONTRACTOR, except for such loss or damage arising from the active negligence, sole negligence, or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR’s performance of this AGREEMENT, CONTRACTOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

Payment by CITY is not a condition precedent to enforcement of the indemnities in this section. In the event of any dispute between CONTRACTOR and CITY, as to whether liability arises from the active negligence, sole negligence, or willful misconduct of CITY or its officers, employees, or agents, CONTRACTOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent, or as having engaged in willful misconduct. CONTRACTOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorneys' fees, expert fees, and costs of litigation. The provisions of this Section VI shall survive completion of CONTRACTOR’s services or the termination of this AGREEMENT.

VII. PREVAILING WAGES

A. Wage rates for this Project shall be in accordance with the General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, for San Luis Obispo County. Wage rates shall conform with those posted at 760 Mattie Road, Pismo Beach, and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this AGREEMENT:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

VIII. RECORD AUDIT

In accordance with Government Code, Section 8546.7, records of both CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

IX. CERTIFICATIONS

In addition to certification and licensing requirements identified elsewhere in this agreement, CONTRACTOR shall maintain the following certifications for the duration of this AGREEMENT:

A. None

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X. FINAL PAYMENT

Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by CITY to CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the AGREEMENT fully performed, and a final Certificate for Payment has been issued by the Public Works Director/City Engineer.

XI. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT

In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this AGREEMENT in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this AGREEMENT or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from CITY, or CONTRACTOR shall pay CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this AGREEMENT shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by CITY.

XII. INSURANCE

A. Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below.

CONTRACTOR may use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this AGREEMENT and which is applicable to a given loss, claim or demand, will be equally available to CITY.

CONTRACTOR shall provide the following types and amounts of insurance:

1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard Insurance Services Office (ISO) “insured contract” language will not be accepted.

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2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 (06/92) covering bodily injury and property damage for all activities of CONTRACTOR arising out of or in connection with the Project, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code et seq. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees.

4. CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

5. Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non- owned disposal sites.

6. Products/completed operations coverage. Coverage shall extend a minimum of three (3) years after project completion and shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.

Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

7. Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only CITY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.

i. The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to CITY. ii. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or

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deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to CITY prior to commencement of construction.

B. Other provisions or requirements:

1. Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for Workers’ Compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.

CITY’s Risk Manager or City Attorney may waive the requirement of any insurance policy set forth herein if he/she determines that such a policy is not commercially available to CONTRACTOR, or if the risk to CITY is sufficiently minimal to render such insurance unnecessary. If such a policy is commercially available, additional cost to CONTRACTOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived. Current certification of insurance shall be kept on file with CITY at all times during the term of AGREEMENT. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.

2. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Project hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, elected officials, employees, and agents shall continue as additional insureds under such policies.

3. Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by

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CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may terminate this AGREEMENT.

5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.

6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

7. Enforcement of contract provisions (non-estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.

8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

9. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment, for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event CONTRACTOR’S policy of insurance cannot be endorsed to provide this notice of cancellation, CONTACTOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.

10. Additional insured status. General liability and automobile insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach."

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

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12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

13. Pass-through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party providing any work on the Project under the direction of CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in performing work on the Project will be submitted to CITY for review.

14. CITY’s right to revise requirements. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to CONTRACTOR, CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

15. Self-insured retentions. Any deductibles or self-insured retention must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects CITY, its elected and appointed officials, employees and volunteers, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Self-insurance will not be considered to comply with this paragraph unless approved by CITY.

16. Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

17. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Project.

XIII. CONTRACTOR'S LICENSE

CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

XIV. REGISTRATION REQUIREMENTS

Pursuant to Section 1771.1(a) of the Labor Code:

“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code

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or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

Except as otherwise provided in Labor Code Section 1771.1(a), no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

XV. CORPORATION IN GOOD STANDING

If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that the undersigned is authorized to act for and bind the corporation.

XVI. PROVISIONS REQUIRED BY LAW

Each and every provision of law and clause required by law to be inserted in this AGREEMENT shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the AGREEMENT shall forthwith be physically amended to make such insertion or correction.

XVII. SUBSURFACE HAZARDOUS MATERIALS

A. Pursuant to Public Contract Code Section 7104, in the event the Project includes trenches or other excavations extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify CITY in writing of any:

1. Material that CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law;

2. Subsurface or latent physical conditions at the site differing from those indicated in the Project specifications;

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the CONTRACT.

B. Upon receipt of said notification CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in CONTRACTOR's cost of or the time required for performance of any part of the

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Project, CITY will issue a change order under the procedures described in the General Conditions.

C. In the event that a dispute arises between CITY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in CONTRACTOR's cost of or time required for performance of any part of the Project, CONTRACTOR shall not be excused from any scheduled completion date provided for by the AGREEMENT, but shall proceed with all work to be performed under the AGREEMENT.

CONTRACTOR shall retain any and all rights provided either by AGREEMENT or by law which pertain to the resolution of disputes and protests between the contracting parties.

XVIII. COMPONENT PARTS OF THE CONTRACT

This AGREEMENT entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the AGREEMENT as if herein set out in full or attached hereto:

In addition, all Change Orders and Work Directive Changes authorizing additions, deletions, or modifications, and all appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof, the terms of said documents shall control over each other in the following order:

1. Agreement

2. Change Orders and Work Directive Changes

3. Addenda

4. Notice to Bidders

5. Contract Proposal

6. Special Provisions

7. Technical Provisions

8. Contract Plans

9. City of Pismo Beach Standard Specifications and Drawings

10. Standard Specifications for Public Works Construction, “Greenbook,” 2015 edition, or the latest edition thereof

11. Standard Plans for Public Works Construction, “Greenbook,” 2015 edition, or the latest edition thereof

12. California State Department of Transportation Standard Specifications, latest edition, when specifically referenced in the plans.

All of the above named CONTRACT DOCUMENTS are intended to be complementary. Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.

XIX. ENTIRE CONTRACT

This AGREEMENT constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This AGREEMENT can be modified only by an amendment in writing, signed by both parties.

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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.

CITY:

City of Pismo Beach, a Municipal Corporation
Signed:

Name: Rosemarie R. Gaglione, PE
Title: Director of Public Works
Dated: ________________________________
Signed:

Name: Jorge E. Garcia
Title: City Manager
Dated: ________________________________
Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449
ATTEST:

Signed:

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

Signed:

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

Souza Engineering Contracting, Inc. dba Souza
Construction
Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative:

Name/Title: ____________________________

9.H-10Council Agenda 4-1-2025
Attachment 2

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
Meeting Date: April 1, 2025

TITLE:

Police Department Semi-Annual Update
RECOMMENDATION:

Receive the Police Department Semi-Annual Update.

DISCUSSION:

The Police Department is set to present an overview of its activities from January 2024 to December 2024. This report to the City Council encompasses crime trends and statistics, staffing updates, dispatch operations, parking matters, the Community Service Technician position, and community engagement initiatives. The City Council will receive insights into both the achievements and the difficulties encountered by the department throughout the 2024 calendar year.

Semi-Annual Department Update:

The City Council will receive crime statics which are reported to the National Incident- Based Reporting System (NIBRS). This data classifies offenses into two categories:

Group A and Group B. Group A offenses include all incidents occurring within a law enforcement agency's jurisdiction, regardless of whether an arrest is made. These offenses are further categorized into Crimes Against Persons, Crimes Against Property, and Crimes Against Society. Examples of Group A offenses include arson, burglary, drug/narcotic offenses, and vandalism. Group B offenses, on the other hand, are used solely for reporting arrest data related to specified crimes within the group, primarily consisting of Crimes Against Society. Examples of Group B offenses include writing a bad check, driving under the influence, and trespassing.

During the period from January 2024 to December 2024, the Police Department observed a 12% increase in overall workload compared to the previous year. Notably, there was a 25% increase in self-initiated calls for service, a 26% increase in traffic citations, a 44% increase in other citations, and a 30% increase in warnings. Despite this rise in workload, the department recorded a 9% decrease in Group A: Crimes Against Persons and a 13% decrease in Group A: Crimes Against Property. However, there was a 15% increase in Group A: Crimes Against Society, primarily driven by the uptick in officer-initiated activity, which resulted in a 12% increase in narcotics offenses and a 33% increase in weapons offenses.

In 2024, the Police Department also recorded a 9% decrease in the number of traffic collisions within the city. This included a 40% reduction in pedestrian collisions, a 33% reduction in bicycle collisions, and a 6% decrease in vehicle collisions. These statistics reflect the increased police presence and proactive measures taken to enhance traffic safety within the community. Additionally, there was a 25% increase in the number of traffic stops and a 26% increase in citations issued for traffic violations.

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Despite these positive trends, the Police Department faced challenges throughout 2024, particularly regarding officer vacancies. This issue aligns with a broader trend affecting law enforcement agencies across California. However, we have begun to see progress in recruitment and retention, and we remain optimistic about achieving full staffing levels by the end of 2025.

This report highlights both the achievements and ongoing efforts of the Police Department in addressing the complexities of law enforcement while continuing to serve and protect the Pismo Beach community.

FISCAL IMPACT:

There is no direct fiscal impact from this report.

ATTACHMENTS:

None.

Submitted by: Jeff Smith, Police Chief
City Manager Approval:

Council Agenda 4-1-2025 12.A-2

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.B
Meeting Date: April 1, 2025

TITLE:

Introduction (First Reading) of an Ordinance Adding Chapter 8.22 to the Pismo Beach Municipal Code Relating to Operation of Unmanned Aircraft Systems (Drones)
RECOMMENDATION:

Introduce an Ordinance adding Chapter 8.22 Unmanned Aircraft Systems to, and amending Chapter 12.20 of, the City of Pismo Beach Municipal Code, relating to regulation of drones.

DISCUSSION:

The increasing use of unmanned aerial systems (drones) has raised concerns regarding public safety and privacy. While federal aviation law generally preempts local regulations relating to drone flight operations in the air, local jurisdictions retain authority over where drones may take off and land. The proposed ordinance (Attachment 1) establishes regulations to ensure responsible drone usage while maintaining compliance with federal law.

The proposed ordinance establishes a broad regulatory structure, setting forth the limitations on launching and landing drones throughout the City. Generally, the restrictions are as follows:
Drones may only take off and land within the operator’s visual line of sight. Drones may not take off or land within 25 feet of another person (except the operator’s designee).
Drones may not take off or land from city property, or within 500 feet of city property without prior written permission of the City; Special Events Permits and Film Permits may include such permission.
Drones may not take off or land within 1,000 feet of emergency response incidents. Drones may not take off or land on private property without written owner consent of the property owner.
Drones may not take off or land within 500 feet of schools without written authorization from a school official.
Drones may not have weapons attached.
Reckless operation that poses a substantial risk to persons or property is prohibited.
FAA Temporary Flight Restrictions must be observed.

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Drones may not take off or land for the purpose of capturing a person's visual image, audio recording or other physical impression in any place where that person would have a reasonable expectation of privacy.

Commercial operation of drones will require a business license, and if the commercial operation is for the purpose of filming, a city film permit or special event permit will be required. Use of drones by public agencies for public purposes will be exempt from the provisions of the ordinance.

Currently, there is only one section of the municipal code that regulates drones, which prohibits operation in the beach safety and play area under Section 12.20.080. This section would be revised to authorize operation of drones in that area only as permitted under Chapter 8.22.

Operators of drones who violate this ordinance would be subject to citation.

Alternatives
The City Council may refer the ordinance back to staff for clarification or additional limitations on areas where drones may be launched or landed, or decline to introduce the ordinance. The latter course of action is not recommended, as there are currently no effective drone regulations in the city, leading to confusion about where and when drones may be operated legally.

Conclusion and Recommendation
Staff recommends that the Council introduce an Ordinance adding Chapter 8.22 to the Pismo Beach Municipal Code relating to operation of unmanned aircraft systems (drones), and amending Chapter 12.20 relating to operation of drones in the beach safety zone (Attachment 1). If the Council acts to introduce the Ordinance as recommended, it will be returned for adoption at the next available meeting and will become effective by statute 30 days thereafter.

FISCAL IMPACT:

The fiscal impact of introducing the attached Ordinance is expected to be minimal.

Enforcement costs will depend on the number and frequency of violations of the ordinance, but are expected to be within budgeted code enforcement resources.

ATTACHMENTS:

1. Ordinance O-2025-XXX
Submitted by:

Dave Fleishman, City Attorney
City Manager Approval:

Council Agenda 4-1-2025 12.B-2

ORDINANCE NO. O-2025-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADDING CHAPTER 8.22 UNMANNED AIRCRAFT SYSTEMS TO, AND AMENDING CHAPTER 12.20 OF, THE CITY OF PISMO BEACH MUNICIPAL CODE,

RELATING TO REGULATION OF DRONES
WHEREAS, the use of unmanned aircraft systems, commonly referred to as “drones”, has increased due to the widespread availability of inexpensive drone products; and WHEREAS, numerous instances of drone interference with fire and emergency services and invasion of privacy through the use of drones have been documented in the media; and
WHEREAS, operation of drones is generally subject to federally preemptive regulation by the Federal Aviation Administration (FAA); and
WHEREAS, in July 2023, the FAA’s Chief Counsel’s Office issued an updated “Fact Sheet” relating to state and local regulation of unmanned aircraft systems; and WHEREAS, in the Fact Sheet, the FAA explicitly recognized that laws traditionally related to state and local police power whose objectives are not aimed at aviation safety or airspace efficiency were generally not subject to federal regulation; and WHEREAS, the City Council finds that it has police powers and authority to issue regulations related to land use, zoning, privacy, and law enforcement operations, and that the exercise of such power and authority herein is not preempted by federal or state law; and
WHEREAS, public necessity, convenience, and general welfare justify the proposed addition of Chapter 8.22, Unmanned Aircraft Systems, to Title 8 of the Pismo Beach Municipal Code, along with related minor revisions in Title 12.

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.

A new Chapter 8.22 is hereby added to the Pismo Beach Municipal Code, to read as follows:

Council Agenda 4-1-2025 12.B-3
Attachment 1

Chapter 8.22 UNMANNED AIRCRAFT SYSTEMS

8.22.010 Purpose.

The purpose of this chapter is to establish regulations that preserve the quality of life for residents, businesses, and visitors through education and enforcement of unmanned aircraft system (UAS) operation within city limits. This chapter is designed not to restrict individuals operating UAS in compliance with all applicable Federal Aviation Administration (FAA) rules and other relevant laws, and outside of designated prohibited areas. It is not intended to preempt FAA rules; instead, it aims to work in conjunction with those rules to promote public safety and privacy while acknowledging the FAA's limitations in enforcement capabilities.

8.22.020 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings set forth below, unless context specifically indicates a different meaning:
“Commercial Operation” means any flight of a UAS where the operation is conducted for compensation or hire.
“Drone” means any UAS.
“Emergency response” means any effort by first responders to save lives, reduce property damage, and/or reduce human suffering. Examples include, but are not limited to, fire-fighting activities, search and rescue activities, police and law enforcement activities, restoration of public utilities, and similar efforts. “FAA” means the Federal Aviation Administration.
“Ground” means any solid or stable surface from which a UAS can be launched into the air, including but not limited to, terrestrial surfaces, vehicles, water bodies, platforms, or other similar structures that provide a stable base for the UAS. “Launch” means to initiate the ascent of a UAS from the ground by any means. “Land” means to cause a UAS to descend and come to rest on the ground by any means.
“Operator” means a person or entity who is responsible for the operation of a UAS, including the piloting of the UAS and compliance with relevant regulations and safety standards.
“Person” means any individual, limited liability company, partnership, corporation, or joint venture.

Council Agenda 4-1-2025 12.B-4
Attachment 1

“Public UAS” means a UAS that is used or operated on behalf of any government agency that meets the qualifications as defined in Section 40102 of Title 49 of the United States Code to operate a public aircraft.
“Unmanned aircraft system” or “UAS” shall mean an aircraft, without a human pilot on board, that is controlled from an operator on the ground, to include, but not be limited to, any communication links and components that control the UAS, and operates without the possibility of direct human intervention from within or on the aircraft.
“Visual line of sight” means that the operator has an unobstructed view of the UAS.

The operator must use the operator’s own natural vision, which includes vision corrected by standard eyeglasses or contact lenses, to observe the UAS. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a “first-person view” from the UAS do not constitute visual line of sight of the operator.

8.22.030 Local regulations of UAS.

A. No person shall launch or land a UAS outside of the person's visual line of sight.

B. No person shall launch or land a UAS within twenty-five (25) feet of another person, except the UAS operator or the operator's designee.

C. No person shall launch or land a UAS on private property or public property other than property owned by the city without the prior written consent of the property owner.

D. No person shall launch or land a UAS from property owned or otherwise controlled by the city unless granted prior written permission by the city, or pursuant to a special event permit issued under Chapter 12.16. The designation of city-owned property subject to this subsection shall be at the discretion of the city manager or designee.

E. No person shall launch or land a UAS within one thousand five hundred (1,500) horizontal feet of any aircraft.

F. No person shall launch or land a UAS equipped with any type of weapon.

G. No person shall engage in commercial operation of a UAS within the city without having obtained a city business license pursuant to Chapter 5.04 of this code.

Council Agenda 4-1-2025 12.B-5
Attachment 1

H. No person shall engage in commercial operation of a UAS for filming purposes without having obtained a city film permit pursuant to Chapter 5.44 of this code or a special event permit issued under Chapter 12.16 of this code, either of which must explicitly permit the use of a UAS in connection with the permitted activity.

8.22.040 No reckless endangerment.

No person shall launch or land a UAS in a reckless manner that creates a substantial risk of serious physical injury to any person or substantial damage to the property of another.

8.22.050 Time, place, and manner restrictions.

A. No person shall launch or land a UAS within one thousand (1,000) feet of any emergency vehicle that is operating with lights and/or sirens.

B. No person shall launch or land a UAS within one thousand (1,000) feet of any emergency response.

C. No person shall launch or land a UAS in violation of any temporary flight restriction issued by the FAA.

D. No person shall launch or land a UAS within five hundred (500) feet of a school facility without prior notification and written authorization from school officials. UAS operators must have in their possession a copy of the written or electronic authorization from the school when they launch or land a UAS within five hundred (500) feet of a school facility.

E. No person shall launch or land a UAS within five hundred (500) feet of any city-owned property without prior notification and written authorization from the city manager or designee.

F. No person shall launch or land a UAS for the purpose of capturing a person's visual image, audio recording, or other physical impression in any place where that person would have a reasonable expectation of privacy.

8.22.060 Exemptions.

This chapter shall not apply to any public UAS.

8.22.070 Violations—Penalties.

Any violation of the provisions of this chapter shall be a misdemeanor.

Council Agenda 4-1-2025 12.B-6
Attachment 1

SECTION 3.

Section 12.20.080 of the Pismo Beach Municipal Code is hereby revised to read as follows:

No person shall launch or land aircraft in the area of the safety zone and play area.

Operation of unmanned aerial systems, commonly referred to as drones, shall be permitted in the safety zone and play area only as set forth in Chapter 8.22 of this code.

SECTION 4.

Section 12.20.110 Beach safety zone—Exceptions of the Pismo Beach Municipal Code is hereby revised to read as follows:

The provisions of this chapter shall not apply to any vehicle, unmanned aircraft systems as defined in Chapter 8.22 of this code, other aircraft, or animal operated, driven, or led into said safety zone and play area by an official lifeguard of the city, or by a member of the police or fire department, or by another official of the city, or another person acting under the direction of such official, when such use is in connection with the performance of the official duties of such official. The city manager or designee may grant additional temporary exceptions to the provisions of this chapter.

SECTION 5.

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 6.

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.

Council Agenda 4-1-2025 12.B-7
Attachment 1

SECTION 7.

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

SECTION 8.

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 1st day of April, 2025, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2025, on motion of Council Member , seconded by Council Member , and on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Council Agenda 4-1-2025 12.B-8
Attachment 1

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.

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. O-2025-XXX, titled AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADDING CHAPTER 8.22 UNMANNED AIRCRAFT SYSTEMS TO, AND AMENDING CHAPTER

12.20 OF, THE CITY OF PISMO BEACH MUNICIPAL CODE, RELATING TO REGULATION OF DRONES, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days of adoption thereof, pursuant to the requirements of California Government Code Section 36933.

Dated this ____th day of ______________, 2025. Witness my hand and official seal. ____________________________
Erica Inderlied, City Clerk
Council Agenda 4-1-2025 12.B-9
Attachment 1

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.C
Meeting Date: April 1, 2025

TITLE:

Massage Establishment and Practitioner Ordinance Discussion RECOMMENDATION:

Receive an overview of the City’s current massage establishment practices and regulations, and provide direction to staff if desired.

DISCUSSION:

On December 21, 2021, the City Council adopted Ordinance O-2021-006 establishing regulations for the licensing of massage establishments and massage practitioners.

The Pismo Beach Police Department (PBPD) is responsible for enforcing the City’s massage ordinance as outlined in Pismo Beach Municipal Code (PBMC) Chapter 5.11, Personal Services Businesses, Sections 5.11.020 through 5.11.134. The ordinance regulates massage establishments and therapists operating within the city to ensure compliance with state and local laws, protect public safety, and prevent illicit activities such as human trafficking and unlicensed massage operations.

Enforcement responsibilities by the police department include, but are not limited to, the following:
Business Licensing Compliance: Verifying that massage establishments and therapists possess valid business licenses and certifications as required under PBMC 5.11.040.
Background Checks: Conducting background investigations for applicants seeking massage establishment permits, including verification of California Massage Therapy Council (CAMTC) certification per PBMC 5.11.050. Inspections and Compliance Checks: Performing periodic inspections of massage businesses to ensure adherence to operational and facility requirements (e.g., proper signage, hours of operation, record-keeping) outlined in PBMC 5.11.080-

5.11.110.
Response to Complaints and Violations: Investigating public complaints and reports of suspected violations, including unlicensed practitioners, illicit activities, and non-compliance with health and safety standards.
Coordination with Other Agencies: Collaborating with the City’s Code Enforcement Division, the County District Attorney’s Office, and the California Department of Consumer Affairs when necessary.
Administrative Actions and Enforcement Measures: Issuing citations, revoking permits, and recommending business closures for serious or repeated violations under PBMC 5.11.130—5.11.134.

12.C-1Council Agenda 4-1-2025

Recommendation
Staff recommends that the City Council receive this report and provide direction on any desired revisions to the ordinance.

FISCAL IMPACT:

There is no direct fiscal impact from staff’s recommendation. The fiscal impact of direction received from the Council, if any, will be analyzed at the time considered by the Council.

ATTACHMENTS:

1. Pismo Beach Massage Establishment Ordinance
Submitted by: Jeff Smith, Chief of Police
City Manager Approval:

12.C-2Council Agenda 4-1-2025

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12.C-9Council Agenda 4-1-2025

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.D
Meeting Date: April 1, 2025
TITLE:

Discussion of Proclamation Practices
RECOMMENDATION:

Receive an overview of current practices relating to Proclamations, and provide direction to staff if desired.

DISCUSSION:

On March 4, 2025, the City Council directed staff to return with an agenda item allowing the Council to receive more information about current practices for the issuance of Proclamations.

Staff will provide an overview of current practices, and the Council may give direction if desired.

Conclusion and Recommendation
Staff recommends that the Council give direction, if desired, on practices relating to the issuance of Proclamations.

FISCAL IMPACT:

There is no fiscal impact associated with the issuance of Proclamations.

ATTACHMENTS:

None.

Submitted by: Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 4-1-2025 12.D-1

Pismo Beach City CouncilApril 1, 2025

Pismo Beach City Council
April 1, 2025