AGENDA
Pismo Beach City Council
Tuesday, April 15, 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.
Council Agenda 4-15-2025
Pismo Beach City Council Agenda April 15, 2025
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 Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: Andrew Grow Family Trust v. City of Pismo Beach, et al.
San Luis Obispo County Superior Court Case No. 23CV-0544
3. PUBLIC COMMENT PERIOD – Council Chamber
At this time, members of the public may comment on any item appearing on the agenda.
Please adhere to the following procedures when addressing the Council:
• Please limit your comments to 3 minutes or less. • Unduly disruptive behavior will not be permitted.
Documents submitted to the Council become public record unless otherwise exempt from disclosure.
4. CLOSED SESSION – Closed Meeting Room
The City Council will convene in Closed Session to discuss the items listed under Item 2 above. In accordance with the Brown Act, public access is not permitted for this portion of the meeting.
5. CLOSED SESSION REPORT – Council Chamber
If a regular meeting immediately follows this Closed Session, the Closed Session Report will be made during the regular meeting.
6. ADJOURNMENT
Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, April 15, 2025 Council Chamber, City Hall
Council Agenda 4-15-2025
Pismo Beach City Council Agenda April 15, 2025
Regular Meeting—5:30 p.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 CALL TO ORDER: Mayor Waage
1. ROLL CALL:
Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Guthrie, Inman, Newton
2. PLEDGE OF ALLEGIANCE
3. ACCEPTANCE OF AGENDA
4. PRESENTATIONS
Item 4.A: Proclamation: Recognizing April 2025 as Sexual Assault Awareness Month (Lumina Alliance)
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 W aste 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)
Council Agenda 4-15-2025
Pismo Beach City Council Agenda April 15, 2025
9. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration. Public comment on Consent Calendar items will be invited prior to action on the Calendar.
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1. Adopt Minutes of the April 1, 2025 Closed and Regular Joint Meeting;
2. Adopt Minutes of the April 3, 2025 Special Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for March 23, 2025;
2. Approve the Register of Demands for March 21, 2025 and March 28, 2025.
Item 9.C: Paid Parking Quarterly Update—Third Quarter of Fiscal Year 2025 (Graham)
Recommendation:
No action recommended, for information only.
Item 9.D: Delegation of Authority to Exercise Discretionary Approval of Designs for Public Works Construction and Improvement Projects to the City Engineer or Designee (James)
Recommendation:
Adopt a Resolution delegating authority to exercise discretionary approval of designs for Public Works construction and improvement projects to the City Engineer or designee.
Item 9.E: Encroachment Agreement to Allow an Open Rail Fence in City Right-of- Way along the Water Street Property Frontage at 306 Pier Avenue (Gaglione)
Recommendation:
Authorize the City Manager to execute, and the City Clerk to record, an Encroachment Agreement for 306 Pier Avenue to allow an existing fence in the City right-of-way.
Item 9.F: Annual City Weed Abatement Program; Declaration of Nuisances (Lee)
Recommendation:
Adopt a Resolution declaring that grass, weeds, and rubbish on certain lots in the city of Pismo Beach constitute public nuisances and ordering said public nuisances to be abated.
Council Agenda 4-15-2025
Pismo Beach City Council Agenda April 15, 2025
Item 9.G: Agreement with Moffatt & Nichol for Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges; Related Budget Adjustments (Gaglione)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Moffatt & Nichol in the amount of $260,838 for inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges, and appropriating related budget adjustments in Fiscal Year 2025.
Item 9.H: Adoption (Second Reading) of an Ordinance Adding Chapter 8.22 to the Pismo Beach Municipal Code Relating to Operation of Unmanned Aircraft Systems (Drones) (Inderlied)
Recommendation:
Adopt 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 9.I: Miscellaneous Budget Adjustments for Fiscal Year 2025 (Feeser)
Recommendation:
Adopt a Resolution approving and appropriating miscellaneous budget adjustments for Fiscal Year 2025.
10. ITEMS PULLED FROM CONSENT CALENDAR
11. PUBLIC HEARINGS - No earlier than 6:00 p.m.
GENERAL PROCEDURES FOR PUBLIC HEARINGS (Mayor/Presiding Officer reserves discretion to set speaking allowances):
1. City staff will present the staff report and recommendation, and respond to technical/clarifying questions from Council;
2. Mayor will open the public hearing, and invite the project applicant, or representative, to present the project (Limited to 10 mins);
3. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to present their appeal (Limited to 10 mins);
4. Mayor will then ask other interested persons to testify regarding the project (Limited to 3 mins per speaker);
5. Mayor will invite the project applicant, or representative, to make a rebuttal if desired (Limited to 5 mins);
6. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to make a rebuttal if desired (Limited to 5 mins);
7. Mayor will close the public hearing, following which the Council will deliberate and act on the matter.
Item 11.A: Levying the 2% Annual Assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2026: July 1, 2025 through June 30, 2026 (Feeser)
Recommendation:
1. Open public hearing; accept protests, if any, to the proposed assessments; close public hearing;
2. Adopt a Resolution levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2026: July 1, 2025 through June 30, 2026.
Council Agenda 4-15-2025
Pismo Beach City Council Agenda April 15, 2025
12. BUSINESS ITEMS - May be reordered and heard prior to Public Hearings Item 12.A: Update on the Price Canyon Road / Hinds Avenue / Price Street Corridor Serving Regional Traffic including the Bello Street and Price Canyon Road Intersection (Gaglione)
Recommendation:
Receive an update and provide direction on the Price Canyon Road/Hinds Avenue/Price Street corridor including the Bello Street at Price Canyon Road intersection.
Item 12.B: Discussion of Squirrel Control Options (Gaglione)
Recommendation:
Receive an overview of current practices relating to squirrel control in City parks and provide direction to staff on future practices.
13. CITY COUNCIL COMMENTS AND REQUESTS - No action to be taken
14. ADJOURNMENT
To the following meeting(s). Special and Closed Session times may be subject to change, as noticed. Meetings will be held in a hybrid in-person / virtual format unless otherwise noted:
Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, May 6, 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 15, 2025 meeting(s) of the Pismo Beach City Council was posted on April 10, 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.
Council Agenda 4-15-2025
Pismo Beach City Council Agenda April 15, 2025
Broadcasting: Regular (televised) City Council meetings are available for viewing 24/7 at pismobeach.org/agenda, broadcast live on Channel 20, and re-broadcast during the week following the meeting on Channel 20 at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day.
Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment during public comment or as part of a scheduled presentation, 24 hours prior to the meeting at (805) 773-7003.
Notice Regarding Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need agenda documents provided in an alternative format, please contact the City Clerk’s Office at 773-7003 as soon as possible prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-
35.104 ADA Title II).
Council Agenda 4-15-2025
A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA RECOGNIZING APRIL 2025 AS SEXUAL ASSAULT AWARENESS MONTH WHEREAS, Sexual Assault Awareness Month calls attention to the fact that sexual assault is widespread and impacts every person in Pismo Beach; and WHEREAS, Lumina Alliance provides essential, lifesaving services for survivors, their children, and families throughout San Luis Obispo County including Pismo Beach; and WHEREAS, sexual assault can result in physical injury, psychological trauma, and even death; the devastating consequences of sexual assault can cross generations and can last a lifetime; and
WHEREAS, there is a need to focus on the individualized needs of sexual assault survivors; and
WHEREAS, the marginalization of certain groups in society, including undocumented individuals, transgender individuals, and those living with disabilities, increases their vulnerability to sexual assault; and
WHEREAS, Lumina Alliance continues to provide a safe environment to those affected by sexual assault with a 24-hr crisis line, advocacy, therapy, transitional and emergency housing, and prevention education, with the help of dedicated volunteers and professionals; and WHEREAS, Lumina Alliance has received over two thousand calls to the crisis and information line, provided housing for 171 emergency shelter clients including 70 children, and provided more than four thousand two hundred hours of therapy; and WHEREAS, Lumina Alliance serves as “A Bright Light During Dark Times” for survivors of sexual assault, illuminating a path toward safety and healing; and WHEREAS, the City of Pismo Beach strongly supports the efforts of Lumina Alliance, how every segment of our society can work together to address sexual assault, and how to help survivors connect with services.
NOW, THEREFORE, the City Council of the City of Pismo Beach hereby recognizes April 2025 as Sexual Assault Awareness Month.
Dated this 15th day of April, 2025
________________________
Ed Waage, Mayor
Council Agenda 4-15-2025 4.A-1
Packet Page 1
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
Meeting Date: April 15, 2025
TITLE:
Adoption of Meeting Minutes
RECOMMENDATION:
1.Adopt Minutes of the April 1, 2025 Closed and Regular Joint Meeting;
2.Adopt Minutes of the April 3, 2025 Special 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 April 1, 2025 Closed and Regular Joint Meeting.
2.Draft Minutes of the April 3, 2025 Special Meeting.
Submitted by:
Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 4-15-2025 9.A-1
Packet Page 2
DRAFT MINUTES
Pismo Beach City Council
Pismo Beach Public Financing Authority Board
Tuesday, April 1, 2025
Special Closed Session—4:30 p.m.
City Hall, 760 Mattie Road, Pismo Beach, CA 93449
The City Council of the City of Pismo Beach met this date in a special closed session with Mayor Waage presiding.
CALL TO ORDER: Mayor Waage called the meeting to order at 4:31 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:
Bianka Buchanan, Human Resources Officer
David Fleishman, City Attorney
Jorge Garcia, City Manager
2.ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session items listed below.
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
Call for public comment: No comment.
4.CLOSED SESSION
The Council retired to Closed Session to consider the above items.
Council Agenda 4-15-2025 9.A-2
Attachment 1
Packet Page 3
5.CLOSED SESSION REPORT
City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above item.
6.ADJOURNMENT
At 5:15 p.m., to the 5:30 p.m. Regular Meeting.
Council Agenda 4-15-2025 9.A-3
Attachment 1
Packet Page 4
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:
City Council
Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Pismo Beach Public Financing Authority Board of Directors Chair Ed Waage None
Vice-Chair Mary Ann Reiss
Board Member Marcia Guthrie
Board Member Stacy Inman
Board Member Scott Newton
Staff Present:
Nadia Feeser, Administrative Services Director
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
Paul Lee, Battalion Chief
Jeff Smith, Chief of Police
Other staff present as noted below
2.PLEDGE OF ALLEGIANCE
Public Works Director Gaglione led the Pledge of Allegiance.
3.ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
Council Agenda 4-15-2025 9.A-4
Attachment 1
Packet Page 5
4.PRESENTATIONS
Item 4.A: Presentation: Visit from Happy Time Preschool (Happy Time Preschool) This item was reordered.
Item 4.B: Proclamation: Recognizing April as Month of the Child (Early Care and Education Planning Council of San Luis Obispo County)
Presented to Shelby West, Lucia Mar Union School District.
5.PUBLIC COMMENT PERIOD
Call for public comment:
Ben Trogdon commented.
Maggie Wagner commented.
6.CITY MANAGER’S REPORT
City Manager Garcia commented on various topics.
4.PRESENTATIONS
This item was reordered.
Item 4.A: Presentation: Visit from Happy Time Preschool (Happy Time Preschool) Presented by Katy Russell, Happy Time Preschool
7.CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman reported that the Council had taken no reportable action during its 4:30 p.m. Closed Session.
8.COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:
Council Member Inman:
Pismo Beach Conference and Visitors Bureau (CVB) Board / Lodging Business Improvement District (LBID) Advisory Board.
Council Agenda 4-15-2025 9.A-5
Attachment 1
Packet Page 6
Council Member Guthrie:
San Luis Obispo County Homeless Services Oversight Council.
San Luis Obispo County Zone 3 Water Committee.
Mayor Pro Tem Reiss:
California Joint Powers Insurance Authority (CJPIA) Executive Committee.
Mayor Waage:
San Luis Obispo Council of Governments (SLOCOG) Board.
9.CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Guthrie
Second: Newton
Vote: The motion passed on the following vote (Items 9.A through 9.H):
Ayes: 5 Guthrie, Newton, Inman, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
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.
Council Agenda 4-15-2025 9.A-6
Attachment 1
Packet Page 7
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.
Legislative Record: Resolution R-2025-014 adopted.
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.
Legislative Record: Resolution PFA-R-2025-001 adopted.
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.
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.
Legislative Record: Resolution R-2025-015 adopted.
Council Agenda 4-15-2025 9.A-7
Attachment 1
Packet Page 8
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.
Legislative Record: Resolution R-2025-016 adopted.
10.ITEMS PULLED FROM CONSENT
None.
11.PUBLIC HEARINGS
None.
12.BUSINESS ITEMS
Item 12.A: Police Department Semi-Annual Update (Smith) Recommendation:
Receive the Police Department Semi-Annual Update.
Presenting staff:
Jorge Garcia, City Manager
Jeff Smith, Chief of Police
Supplemental material submitted into the record.
Call for public comment:
Judy Cotta commented.
Action: No action.
Council Agenda 4-15-2025 9.A-8
Attachment 1
Packet Page 9
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.
Presenting staff:
David Fleishman, City Attorney
Jorge Garcia, City Manager
Call for public comment:
Denise Holt Wasson commented.
Action: 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, with the following revisions:
1.Revise Sections 8.22.050 D. and E. such that the required distance for launches in the vicinity of schools and City facilities is reduced from 500 feet to 250 feet.
2.Revise Section 8.22.070 such that the penalty for violation is reduced from a misdemeanor to an infraction.
Motion: Inman
Second: Reiss
Vote: The motion passed on the following vote:
Ayes: 4 Inman, Reiss, Guthrie, Waage
Noes: 1 Newton
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Ordinance O-2025-XXX introduced.
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.
Council Agenda 4-15-2025 9.A-9
Attachment 1
Packet Page 10
Presenting staff:
David Fleishman, City Attorney
Jorge Garcia, City Manager
Scot Graham, Community Development Director
Jeff Smith, Chief of Police
Supplemental material submitted into the record.
Call for public comment:
Yuhong He commented.
Shawn Owens commented.
Denise Holt Wasson commented.
Michael Lundy commented.
Yunxia Zhou commented.
Johanna Moore commented.
Action: Consensus to direct staff as follows:
1.Return with a revised ordinance for consideration, incorporating the following:
a.Add provisions allowing for massage education
establishments and courses, consistent with California
Massage Therapy Council regulations.
b.If necessary, clarify that two separate legal entities may operate at a single establishment location without being considered two establishments for purposes of personal
service business proximity restrictions.
c.Evaluate the possibility of reducing or eliminating the personal services business 1,000-foot proximity limitation for massage establishments.
2.Return with a resolution creating a reduced fee for processing Conditional Use Permits for massage establishments at the next available meeting.
3.Evaluate the possibility of eliminating the Conditional Use Permit requirement for massage establishments from the Zoning Code as part of the forthcoming update.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Council Agenda 4-15-2025 9.A-10
Attachment 1
Packet Page 11
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.
Presenting staff:
Jorge Garcia, City Manager
Erica Inderlied, City Clerk
Supplemental material submitted into the record.
Call for public comment: No comment.
Action: Consensus to direct staff, upon the approval of the issuance of a Proclamation of the City or Proclamation of the Mayor, to provide a copy of the Proclamation to the entire Council, along with additional information about any community events giving rise to the Proclamation, if relevant.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
13.CITY COUNCIL COMMENTS AND REQUESTS
Consensus to direct staff to communicate further with the submitters of a landscaping proposal for Dinosaur Caves Park.
14.ADJOURNMENT
At 8:26 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 4-15-2025 9.A-11
Attachment 1
Packet Page 12
DRAFT MINUTES
Pismo Beach City Council
Thursday, April 3, 2025
Special Meeting—1:00 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: 1:00 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: No comment.
3.AGENDA ITEMS
Item 3.A: Initial Overview of Fiscal Year 2026 & 2027 Budget (Feeser/All) Recommendation:
1.Receive a presentation from staff regarding the Fiscal Year 2026 & 2027 Budget overview, including Department Work Plans;
Council Agenda 4-15-2025 9.A-12
Attachment 2
Packet Page 13
2.Provide direction to staff on fiscal policies, City Goals, Department Work Plans and Priorities, position changes, and other items. (No packet materials.)
Presenting staff:
Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager
Supplemental material submitted into the record.
Action: Consensus to direct staff to proceed with the fiscal policies, City Goals, Department Work Plans and Priorities, position changes, and other items for the Fiscal Year 2026 & 2027 budget cycle, as outlined in staff’s report, with the following revisions:
1.Within the Quality of Life funding category, revise the description of the “Dolliver Street Parking Lot Lighting” item to “Price Street and Dolliver Street Parking Lot Lighting” and increase the Fiscal Year 2026 proposed budget from $30,000 to $100,000;
2.De-appropriate the funding for the South Palisades Park exercise equipment project.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
4.CITY COUNCIL COMMENTS AND REQUESTS
No action.
5.ADJOURNMENT
At 3:22 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 4-15-2025 9.A-13
Attachment 2
Packet Page 14
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B
Meeting Date: April 15, 2025
TITLE:
Payroll Register and Register of Demands
RECOMMENDATION:
1. Approve the Summary of Payroll Register for March 23, 2025;
2. Approve the Register of Demands for March 21, 2025 and March 28, 2025.
DISCUSSION:
Attached are the Summary of Payroll Register(s) and Register(s) of Demands (Check Registers) noted above, provided for Council approval.
FISCAL IMPACT:
As demonstrated in the attached payroll and check registers.
ATTACHMENTS:
1.Payroll Summary
2. Registers of Demands
Submitted by: Nadia Feeser, Administrative Services Director/City Treasurer City Manager Approval:
Council Agenda 4-15-2025 9.B-1
Packet Page 15
FOR PERIOD ENDING 03/23/25
CHECKS DATED 03/28/25
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557166 1
ACH 129
EARNINGS
REGULAR 397,350.94
HOLIDAY 5,559.58
OVERTIME (Includes Comp Time Payouts)17,274.50
Administration
Building
Conference & Visitors Bureau
Police Department 13,025.81
Parking
Engineering
Fire
Recreation
Public Works 171.30
Water 2,101.10
Wastewater 1,976.29
Motor Vehicles
Subtotal-Overtime 17,274.50$
SALARY ADJUSTMENTS -
TRAINING / UNIFORM ALLOWANCE 114.75
OTHER EARNINGS 12,437.20
$432,736.97
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 40,111.24
FICA & MEDICARE 33,390.76
STATE INCOME TAX 15,616.53
STATE DISABILITY INSURANCE 5,013.81
GARNISHMENTS 2,648.90
HEALTH 7,052.23
SUPPLEMENTAL DISABILITY 1,225.81
SECTION 125 3,114.16
PERS 38,658.34
DEFERRED COMPENSATION 14,275.40
ADDITIONAL LIFE INSURANCE 349.75
UNION DUES 2,573.56
PISMO ATHLETIC CLUB 577.50
OTHER
NET PAYROLL $268,128.98
DIRECT DEPOSIT DEDUCTION 266,884.86
NET PAYROLL AFTER ACH DEPOSIT 1,244.12
SUMMARY PAYROLL REGISTER
Council Agenda 4-15-2025 9.B-2
Attachment 1
Packet Page 16
City of Pismo Beach
Final Disbursement List Check Date 03/21/2025
US BANK
ACH/Vendor Check
Check#Number Payee Amount Description
ACH 11224 Richards, Watson, Gershon Attorneys At Law 27,033.37$ Professional Legal Services - Jan 2025 ACH 12944 Leaf 1,231.19 Monthly Copier Lease - Mar 2025 ACH 13455 Wex 280.58 Fuel for City Vehicles 02/07/2025-03/06/2025 132993 10434 Abalone Coast Analytical Inc 144.00 Water Analysis 132994 10446 Achievement House, Inc.12,644.55 Pismo Beach/Shell Beach Litter Removal/Clean-up Services, Sidewalk Cleaning Services & Pressure Washing - February 2025
132995 14961 All Private Utility Locating Inc.3,300.00 Utility Locating at 901 & 921 Oak Park Blvd - Feb 2025 132996 12433 Alpha Electrical Service Inc 58,798.40 Electrical System Rebuild - Five Cities Lift Station 132997 14440 Paul Amarillas 221.94 Uniforms
132998 13460 AT&T Mobility 287284035974 1,185.88 Monthly Phone Service - Feb 2025 132999 15033 B & T Construction Inc.45,604.90 Hinds/Stimson Access Road 133000 14448 David Blanchard 177.54 Hotel Reimb: Background Investigation 3/6-3/7/25 133001 11392 Brenntag Pacific Inc.997.23 Sodium Bisulfite 133002 12346 Broyhill Manufacturing Company 1,559.21 Vehicle Maintenance 133003 12098 Burke & Pace Lumber of Arroyo Grande 58.25 Maintenance Supplies 133004 14402 Carol A. Burner 933.33 900 Bello Lease - April 2025 133005 13065 California State Lands Commission 140.00 Annual Rent 4/20/25 - 4/19/26 Per Lease Agrmt # 6674 133006 14349 Callander Associates Landscape Architecture, Inc 570.13 Ventana Sports Courts - Jan 2025 133007 10085 Cannon Corp 8,277.50 Paving Project CM - Jan 2025 133008 15042 Central Coast Concrete 1,500.00 Release Encroachment Permit Bond - 841 Merced 133009 11451 Channel Islands Technology Integrators' Group 9,964.56 Microsoft O365- Phone- MDM & Storage Licenses, Monthly Backup Subscriptions - Feb 2025
133010 13105 Chapman Foundation 670.00 Docent Tour Fees - September 2024 133011 13105 Chapman Foundation 915.00 Docent Tour Fees - October 2024 133012 14415 CLAD Consulting, Inc.9,362.50 On Call Engineering Services & 478 Hinds Inspections - Feb 2025 133013 14146 Pamela Ann Coslick 80.00 Instructor: Tae Kwon Do 2/5-2/26/25 #11630 133014 14313 Culligan/Santa Maria 803.46 Car Wash Filtration/Service 9/16/24 & Soft Water Tank Rental Oct 2024 & March 2025, Drinking Water Feb 2025
133015 12790 Diversified Project Services International 1,200.00 Engineering Design Services - Digester #1 Demo ESDC Feb 2025 133016 11289 eGenoa, LLC 492.10 Easter Egg-stravaganza Banner 133017 12541 Engel & Gray Inc 5,367.37 Composting Biosolids Jan 2025 133018 13586 Famcon Pipe & Supply Inc.64.65 Distribution Maintenance 133019 13575 Jorge Garcia 431.00 M&IE/Mileage: LOCC Committee Meetings 3/26-3/28/25 133020 14216 GovInvest, Inc.9,000.00 Labor Costing Module Annual Subscription 3/1/25-2/28/26 133021 12030 Grainger, Inc.973.71 Facilities Maintenance 133022 10732 Granite Construction Company 1,629.18 Maintenance Supplies 133023 13588 Kenneth John Guge III 208.00 Instructor: Central Coast Judo 2/3-2/26/25 #11608 133024 11977 Dan Hall 480.00 Instructor: Yoga with Dan 2/3-2/26/25 #11667 133025 10149 Heacock Trailers & Truck 26,639.17 Grant Funded Trailer to Transport Compact Track Loader 133026 10376 Hinderliter, de Llamas & Associates 1,550.28 Contract & Audit Services - Sales Tax - Jan-Mar 2025 133027 11706 Shirley Horacek 1,092.00 Instructor: Watercolor Elements of Landscape 2/12-3/5/25 #11644 133028 13276 InfoSend, Inc.1,598.05 Processing-Printing-Mailing Utility Bills Feb 2025 133029 13385 IPS Group, Inc.5,425.07 Parking Supplies & IPS Transaction Fees - Feb 2025 133030 11828 Gordon Jackson 15.00 Reimb: Parking Wine & Whales 3/15/25 133031 11833 Keylock Security Specialists 1,171.39 Keys & Lock For Police Annex & Maintenance Supplies 133032 14962 Knox Associates Inc 10,721.67 Knox System Update - Fire Apparatus E64 E63 E264 133033 15041 Nick Kovac 500.00 Release Encroachment Permit Bond - 151 Placentia 133034 12668 Rachelle Lapan 186.20 Reimb Mileage: CAPE Training Seminar 3/2-3/7/25 133035 10175 Life-Assist, Inc.300.30 Medical Supplies
133036 14401 Barbara L. Maraist 933.34 900 Bello Lease - April 2025 133037 14674 McGrath Rentcorp 4,269.53 3 Temporary Trailers 330 Main St. - Lease 2/28/25-3/29/25 133038 13513 Mid-State Concrete Products 2,936.04 Collections Manholes 133039 10097 Miners Hardware 721.51 Maintenance Supplies 133040 13493 Heidi Jane Moller 50.00 Instructor: Free Pickleball Clinic 2/8/25 #11655 133041 11172 Mullahey Ford 3,989.05 Vehicle Maintenance 133042 14343 ODP Business Solutions, LLC 127.17 Office Supplies 133043 12070 Michelle Pearson 610.40 M&IE/Mileage: AFSS Educational Forum 3/31-4/4/25 133044 10633 Pismo Beach Athletic Club Inc 150.00 CalFire PBAC Dues - Mar 2025 133045 14403 Betty J. Pratt 933.33 900 Bello Lease - April 2025 133046 12335 Procare Janitorial Supply Inc 1,526.59 Janitorial Supplies 133047 14755 Terri Recchia Bledsoe 150.00 Professional Services 133048 14613 Dennis Richardson 800.00 Instructor: Tenniscize 2/1 - 2/22/25 #11625 133049 11266 San Luis Auto Parts Inc 959.94 Vehicle Maintenance 133050 11168 Sherwin-Williams 825.31 Maintenance Supplies 133051 10093 SLO County Auditor-Controller 15,300.00 Phoenix Parking Surcharges - Nov & Dec 2024 Council Agenda 4-15-2025 9.B-3
Attachment 2
Packet Page 17
City of Pismo Beach
Final Disbursement List Check Date 03/21/2025
US BANK
ACH/Vendor Check
Check#Number Payee Amount Description
133052 11722 SP Maintenance Services Inc 5,157.67 Street Sweeping Services - February 2025 133053 13530 TCA Tools Inc 97.41 Vehicle Maintenance
133054 12583 Texas Refinery Corp.635.73 Vehicle Maintenance 133055 14821 Traffic Management Products Inc 562.76 Signage 133056 12228 Turf Star, Inc.159.23 Equipment Maintenance 133057 12620 Uline 634.55 Vehicle/Facilities Maintenance 133058 12982 Ultrex Business Products 1,665.83 Monthly Copier Usage Feb 2025 133059 12621 UPS 39.23 Shipping
133060 13951 Carlos Valentin Gonzalez 541.80 Portable Restrooms -Tennis Courts 02/01/25-03/01/25 133061 14457 Vigilant Solutions, LLC 4,234.54 New Camera/Cable for GO-4 Vehicle 133062 15022 Virtual Project Manager LLC 10,000.00 Virtual Project Manager - Implementation & Service Fee 3/1-7/30/25 133063 14034 Vital Records Holdings, LLC 198.74 Document Storage March 2025 133064 12527 Water Systems Consulting Inc 1,512.76 NCMA Staff Extension - Feb 2025 133065 12132 White Flag Pest Control Inc 1,321.00 Pest Control 133066 13377 Willdan Financial Services 4,870.00 Comprehensive User Fee Study & Cost Allocation Plan, Development Impact Fee Study - Jan 2025
Total:321,412.12$
Council Agenda 4-15-2025 9.B-4
Attachment 2
Packet Page 18
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10002 Internal Revenue Service 106,892.76$ Federal Income Tax PD 03/28/25 ACH 10371 Visit SLO County 120,759.66 TMD Payments Jan 2025 ACH 11208 SEIU Local 620 AFL/CIO 943.56 SEIU Dues PD 03/28/25 ACH 11305 Public Employees Retirement System 80,616.38 PERS Retirement EE & ER PD 03/28/25 ACH 12017 Vantagepoint Transfer Agents 9,172.00 Retiree Health Longevity Premiums - PD 04/01/25 ACH 12211 CA. Public Emp Retirement Sys 127,340.16 Medical Insurance - Apr 2025 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 28,432.12 ICMA 457 Deferred Comp EE & ER PD 03/28/25 ACH 12305 Franchise Tax Board 20,586.03 State Income Tax & SDI PD 03/28/25 ACH 12360 CalPERS 457 Plan 291.67 PERS 457 Deferred Comp ER PD 03/28/25 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA
575.00 ICMA Roth IRA PD 03/28/25
ACH 14257 Igoe Administrative Services 6,090.37 Medical and/or Dependent Care FS Monthly Participation FSA & DDS Reimbursement - March 2025
133067 10434 Abalone Coast Analytical Inc 144.00 Water Analysis 133068 10695 AFLAC 2,541.47 Supplemental Disability Insurance - Mar 2025 133069 15044 California Fire Chiefs Association AFSS Southern Division
30.00 Reg: AFSS Quarterly Meeting 3/13/25
133070 14760 AHA Shoes, Inc 279.48 Safety Boots FY25 - R. Allen 133071 12275 Airgas West Inc 696.34 Medical Supplies - Oxygen 133072 11219 ak & company 2,500.00 SB90 Consultant & Claim Services FY 24/25 133073 11882 Alexander's Contract Services Inc 3,311.61 Water Meter Reading Services Mar 2025 133074 10800 Whitney Almaguer 1,279.20 Instructor: Creative Kids Spring Production 1/28-4/1/25 #11590 133075 12433 Alpha Electrical Service Inc 3,123.06 WW Electrical Repairs 133076 13452 Arms Unlimited 2,020.00 Police Equipment
133077 14363 AT&T Mobility 287314925891 127.82 iPad Tablet Service - Feb 2025 133078 14514 BEK Collective Inc 1,305.40 James Way Beautification Design - Dec 2024 - Feb 2025 133079 13603 Francine Bracamonte 12.93 Brass Tag - Station 64 133080 13139 Brough Construction 25,770.00 Oak Park Median Dirt Removal 133081 12098 Burke & Pace Lumber of Arroyo Grande 43.87 Ocean View Steps 133082 10626 California Highway Adoption Co 1,250.00 Highway 101 On/Off Ramp Mitigation - March 2025 133083 14414 California State Disbursement Unit 415.38 Tax Withholding Order - PD 03/28/25 133084 14771 California State Disbursement Unit 16.15 Tax Withholding Order - PD 03/28/25 133085 14876 California State Disbursement Unit 784.61 Tax Withholding Order - PD 03/28/25 133086 14855 California's Best Janitorial 21,338.64 Janitorial Services - February 2025 133087 10085 Cannon Corp 367.72 Ocean Blvd CM - Feb 2025 133088 15045 Chad Carter 400.00 Clam Painting: Dolliver - March 2025 133089 10799 Lindsay Carter Coates 212.00 Instructor: Yoga with Lindsay 2/3-2/26/25 #11673 133090 11451 Channel Islands Technology Integrators' Group 13,263.00 Monthly Infrastructure Mgmt & Help Desk - Mar 2025 133091 12673 Anita Channell 145.00 M&IE: CALNENA 3/3-3/4/25 133092 14415 CLAD Consulting, Inc.1,050.00 Pier Security Cameras PM - Dec 2024 - Feb 2025 133093 14834 Confluence Engineering Solutions, Inc 3,768.75 Water Resources Support Services - Jan 2025 133094 12516 County of San Luis Obispo Health Agency 16,879.25 Animal Shelter Services Fee Q3 FY24/25 133095 12224 Delta Dental Of California 6,695.64 Dental Premiums - Apr 2025 133096 UB*01163 TRUDY & BOB DOCKERTY 79.68 Refund Check 019705-000, 626 VISTA PACIFICA 133097 14473 DXP Enterprises, Inc.44,033.87 Rebuild Plant Water Pumps 133098 11469 Eikhof Design Group Inc 28,343.35 Development Review - Feb 2025 Stormwater Inspection - Nov 2024 Feb 2025
Addie Restroom - Feb 2025
Pier Ave Stair Removal - Feb 2025
133099 12541 Engel & Gray Inc 8,432.52 Composting Biosolids - Feb 2025 133100 13147 Engie Services U.S. Inc 17,461.95 Annual Maintenance Fees Year 6 (Jan 2025 to Dec 2025) 133101 14638 F&H Construction 2,084,296.49 Public Safety Facility - Jan 2025 133102 12123 Farm Supply 149.76 Maintenance Supplies
133103 11868 FGL Environmental 675.00 Water Analysis
133104 13846 Franchise Tax Board-Tax Withholding-2 50.00 Tax Withholding Order - PD 03/28/25 133105 10089 Gierlich-Mitchell 1,286.02 Restocking and Shipping Fees 133106 12144 CLA-VAL Griswold Industries 282.31 Maintenance Supplies 133107 10806 Hach Company 7,927.71 Reservoir Maintenance 133108 12653 Dan Herlihy 145.00 M&IE: CALNENA 3/3-3/4/25 133109 UB*01164 VALERIE HOLMES 210.70 Refund Check 018910-000, 104 FRANCES 133110 14660 Interwest Consulting Group 22,040.00 Plan Review & Inspection - Public Safety Facility - Feb 2025 133111 12600 Intoximeters, Inc.2,888.02 Police Equipment 133112 12255 Iron Mountain Information Mgmt, Inc 36.26 Shredding Services 133113 15021 Wendy Lawton 1,150.00 Tax Withholding Order - PD 03/28/25 133114 11230 MBS Land Surveys 1,536.25 Surveying Services City of Pismo Beach
Final Disbursement List Check Date 03/28/2025
US BANK
Council Agenda 4-15-2025 9.B-5
Attachment 2
Packet Page 19
ACH/ Vendor Check
Check# Number Payee Amount Description
City of Pismo Beach
Final Disbursement List Check Date 03/28/2025
US BANK
133115 12960 Med-Stops Medical Clinic Inc 200.00 DMV/DOT Physical 133116 14739 Mike's Coffee and Tea Co.90.00 Coffee
133117 10097 Miners Hardware 675.86 Maintenance Supplies 133118 11172 Mullahey Ford 3,032.55 Vehicle Maintenance 133119 14878 Nevada State Treasurer 2.00 Tax Withholding Order - PD 03/28/25 133120 10039 New Times 926.00 Legal Advertisement
133121 14343 ODP Business Solutions, LLC 149.12 Office Supplies 133122 13386 John Odum 1,000.00 Pre-Employment Polygraph Exam POST Psychological Evaluation
133123 13279 Pacific Central Coast Health Centers 735.00 Pre-employment Health Screening 133124 13613 Pismo Beach Veterinary Corp 1,211.12 K9 Veterinary Services 12/26/24 & 1/9/25 133125 14864 PlanetBids 17,850.00 Web-based eProcurement System - Set Up & Service Fee 133126 12022 Pismo Beach Police Officer's Association 1,630.00 POA Dues PD 03/28/25 133127 14079 Clare Malone Prichard 197.02 Reimb M&IE/Fuel/Toll: 2025 Planning Commissioners Academy 3/5- 3/7/25
133128 12335 Procare Janitorial Supply Inc 1,220.51 Janitorial Supplies 133129 15046 Antonio Romero 1,230.00 Public Art
133130 14877 SCaDU 230.76 Tax Withholding Order - PD 03/28/25 133131 14557 Securitas Technology Corporation 3,598.31 Security & Fire Monitoring 133132 UB*01162 SHAFFER LANE LLC 1,146.96 Refund Check 019536-000, 800 HANFORD HYD 133133 12680 Brandon Shea 122.00 M&IE: JPIA Supervisor Program 3/19-3/20/25 133134 10532 SLO County Sheriff-Coroner 406.00 Narcotics Testing 11/22/24 - 12/8/24 133135 14757 Quincy Storm 488.75 Design Services
133136 12630 SWCA Environmental Consultants 12,382.00 Public Safety Center Archaeological Monitoring - Feb 2025 133137 12321 The Gas Company 2,843.32 Gas Service 2/13/25 - 3/20/25 133138 13097 The Standard 1,589.00 Life & Additional Life Insurance Premiums - Apr 2025 133139 13442 Thorn Run Partners 5,000.00 Federal Lobbying Services - March 2025 133140 12860 Townsend Public Affairs 4,500.00 State Lobbying Services - March 2025 133141 10014 United States Postal Service 350.00 Permit #2 Renewal - 2025 133142 12622 USA Bluebook Acct: 82507 3,357.23 WW Lab Supplies 133143 10507 V & V Manufacturing 169.26 PBPD Badge Book 133144 14457 Vigilant Solutions, LLC 3,050.00 Parking Renewal Fees 8/24 - 7/25 133145 13073 VSP- Vision Service Plan (CA)1,539.71 VSP Vision Coverage Apr 2025 133146 13678 Wallace Group 48,155.74 Shell Beach Rd Shared Use Path - Jan 2025 133147 12527 Water Systems Consulting Inc 7,544.00 New Production Well - Feb 2025 Central Coast Blue PM - Feb 2025
133148 10059 Western Janitor Supply, Inc 68.85 Janitorial Supplies 133149 12132 White Flag Pest Control Inc 116.00 Pest Control Total:2,959,302.99$
Council Agenda 4-15-2025 9.B-6
Attachment 2
Packet Page 20
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.C
Meeting Date: April 15, 2025
TITLE:
Paid Parking Quarterly Update—Third Quarter of Fiscal Year 2025 RECOMMENDATION:
No action recommended, for information only.
DISCUSSION:
This report provides the City Council and public with information on preliminary actual revenues and expenditures for Fiscal Year (FY) 2025 for the quarter ending March 31, 2025, and the current balance of the Parking Enterprise Fund. This report also provides an update on parking initiatives.
FY 2025 Financial Update
Table 1 details the preliminary actual revenues and expenditures for the third quarter of FY 2025 compared to the third quarter of FY 2024.
Table 1: Parking Enterprise Fund Revenues & Expenditures through 3rd Quarter FY 2025 3rd
Quarter Actuals
FY 2024 3rd
Quarter Actuals
Variance FY25
v FY24 ($)
V ariance FY25 v
FY24 (%)
July 1st Beginning Fund Balance 3,713,836$ 5,846,885$ (2,133,049)$ -36.5%
REVENUES
Parking Citations 419,906 437,732 (17,825) -4.1%
Interest Earnings 96,587 118,504 (21,917) -18.5%
Parking Kiosks/Meters 1,847,152 1,812,007 35,145 1.9% Parking Permits 2,190 3,621 (1,431) -39.5%
Miscellaneous Revenue (76,321) 8,036 (84,357) -1049.7% TOTAL REVENUES 2,289,515$ 2,379,900$ (90,385)$ -3.8%
EXPENDITURES
Salaries & Wages 165,029$ 143,070$ 21,959$ 15.3% Benefits 56,325 44,564 11,761 26.4%
Purchased Professional Services 4,324 3,206 1,118 34.9% Other Purchased Services 8,660 10,878 (2,218) -20.4% Operations and Maintenance 220,870 65,173 155,697 238.9% Other Expenses 233,118 228,687 4,431 1.9%
Debt Service 600,000 - 600,000
TOTAL OPERATING EXPENSES 1,288,326$ 495,577$ 792,749$ 160.0% NET INCOME / (LOSS) As of
September 30, 2024
1,001,190$ 1,884,323$ (883,134)$ -46.9%
One-time Expenditures 3,547,795$ 2,846,670$ 701,125$ 24.6% June 30, 2025 Ending Fund
Balance
1,167,231$ 4,884,538$ (3,717,307)$ -76.1%
Carryforward One-time projects 350,958$ -$ 350,958$ June 30, 2025 Available Ending
Fund Balance
816,273$ 4,884,538$ (4,068,265)$ -83.3%
Council Agenda 4-15-2025 9.C-1
Packet Page 21
As shown in Table 1, the preliminary estimate of revenues of the Parking Enterprise Fund at the end of the third quarter of FY 2025 (ending March 31, 2025) totaled $2,289,515, which is 3.8% fewer parking revenues compared to the same period in FY 2024. This is largely due to a one-time downward adjustment of $79,746 for overstated prior-year revenues, an 18.5% drop in interest earnings, a 4.1% decline in parking citation revenues, and a reduction in parking permit revenues by 39.5%.
Operating expenses at the end of this same period, which include personnel costs, operating expenses, and contract services, totaled $1,288,326, which is 160.0% greater than operating expenditures through the third quarter of FY 2024. The largest increase is due to Parking Enterprise Fund supporting an annual $600,000 for the Public Safety Facility debt service costs, $65,000 for ongoing beautification of the pier and pier plaza, and $50,000 for concrete and asphalt repairs. The projected net operating income (revenues less operating expenses) through the third quarter of FY 2025 is $1,001,190.
After accounting for one-time expenditures of $3,547,795, the projected ending balance of the Parking Enterprise Fund at the end of the third quarter is $4,757,592.
In addition to the ongoing expenses, there are one-time budgeted costs of $3,898,752 for one-time projects. These projects include $3,301,516 for the purchase of 350 Pismo Avenue, the former “Wolosz lot” and now called the Dolliver Street Parking Lot; $300,000 for the Public Safety Facility project to support the parking functions and related public safety support of parking functions; $195,317 for the Police Department Parking Division Substation; $62,588 for the Addie Street Parking and Access Improvements project; $31,477 for additional parking meters; $4,000 for a radio system upgrade and reliability project; and $3,855 for other projects. After considering these one-time costs of $3,547,795 and assuming the remaining budget of $350,958 is either spent or carried forward to next fiscal year, the projected available fund balance is $816,273.
Parking Initiatives
The paving project in the Price Street area, which commenced on April 8, 2024, has been successfully completed. This project included the construction of a center median on Price Street between Bay Street and Pomeroy Avenue and the installation of parking meters in this same area, including the adjacent stub streets. The parking meters are now operational.
Poles for new street signs indicating "2-hour parking Monday through Thursday" and "paid parking Friday through Sunday" have been installed. These signs provide clear guidance to motorists about the new parking regulations.
The City has also installed medallions in each parking space that correspond with the number displayed on the parking meters, facilitating easier identification and payment for parking.
Parking staff have begun replacing the meters on the 100 and 200 block of Pomeroy.
These meters have outlasted their useful life and have been in need of replacement.
Council Agenda 4-15-2025 9.C-2
Packet Page 22
FISCAL IMPACT:
There is no fiscal impact from staff’s recommendation. Fiscal impacts from parking revenues and expenditures are outlined in the above report.
ATTACHMENTS:
None
Prepared by:
Nadia Feeser, Administrative Services Director
Scot Graham, Community Development Director
Jeff Smith, Police Chief
Submitted by: Scot Graham, Community Development Director City Manager Approval:
Council Agenda 4-15-2025 9.C-3
Packet Page 23
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D
Meeting Date: April 15, 2025
TITLE:
Delegation of Authority to Exercise Discretionary Approval of Designs for Public Works Construction and Improvement Projects to the City Engineer or Designee RECOMMENDATION:
Adopt a Resolution delegating authority to exercise discretionary approval of designs for Public Works construction and improvement projects to the City Engineer or designee.
DISCUSSION:
Staff desires to formalize the establishment of design immunity for Public Works and public improvement projects.
Design immunity is provided by California Government Code Section 830.6 to limit liability of public entities when the public entity exercises appropriate discretion in the planning and design of public improvements to defend against claims arising out of an alleged design defect. To invoke design immunity protections, three elements must be satisfied:
1. Discretionary approval of a design before construction;
2. Substantial evidence supporting reasonableness of a design; and
3. A causal relationship between the design and the harm claimed.
Of the three elements, the second and third are addressed during the litigation process.
However, the first element may be satisfied before a claim against the City occurs by the City Council or designee approving the plan or design prior to construction occurring.
Staff recommends that the City Council delegate its authority to the City Engineer or designee (provided that such designee holds a valid registration as a Professional Engineer in the State of California) to exercise discretionary authority to approve the plan or design of the improvement in advance of construction. The City Engineer or designee was selected because the City Engineer has the professional experience and technical background to review and oversee public works construction and improvement projects, and to approve the design, plans and specifications of any project that the City may see in the future.
It is important to note that if adopted, this resolution does not change current practices, or alter the City Council’s or staff’s authority to approve projects. Nor does it circumvent other established project design review or approval processes. It is limited to the approval of project designs for the purpose of supporting the City’s design immunity protections as provided by state law.
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Conclusion and Recommendation
Staff recommends that the City Council adopt a resolution (Attachment 1) delegating authority to exercise discretionary approval of designs for public works construction and improvement projects to the City Engineer or designee.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
1. Resolution
Submitted by: Mike James, Assistant City Manager
City Manager Approval:
Council Agenda 4-15-2025 9.D-2
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RESOLUTION NO. R-2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA DELEGATING THE AUTHORITY TO EXERCISE DISCRETIONARY
APPROVAL OF DESIGNS FOR PUBLIC WORKS CONSTRUCTION AND
IMPROVEMENT PROJECTS TO THE CITY ENGINEER OR DESIGNEE
WHEREAS, California Government Code Section 830.6 provides limitations on liability for public entities for conditions of public property where the public entity exercises appropriate discretion in the planning and design of public improvements; the limitation of liability is commonly known as “design immunity”; and WHEREAS, design immunity limits liability of public entities when the public entity exercises appropriate discretion in the planning and design of public improvements to defend against claims arising out of an alleged design defect; and WHEREAS, to invoke design immunity protections three elements must be satisfied; 1) discretionary approval of a design before construction; 2) substantial evidence supporting reasonableness of a design; and 3) a causal relationship between the design and the harm claimed; and
WHEREAS, the first element may be satisfied when a legislative body or its designee exercises discretionary authority to approve the plan or design of the improvement in advance of construction of the improvement; and
WHEREAS, the City Engineer position, as well as any designee, shall have a valid registration as a Professional Engineer in the State of California, relatable professional experience, and technical background to review and oversee public works construction and improvement projects, and approve the design, plans and specifications of any project prior to its construction; and
WHEREAS, this process does not alter the City Council’s or City staff’s authority to approve projects, nor does it circumvent other established project design review or approval processes. It is limited to the approval of project designs for the purpose of supporting the City’s design immunity protections as provided by state law.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby delegates authority to exercise discretionary approval of designs for public works construction and improvement projects to the City Engineer or designee.
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 15th day of April 2025, by the following vote:
AYES:
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Attachment 1
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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 4-15-2025 9.D-4
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.E
Meeting Date: April 15, 2025
TITLE:
Encroachment Agreement to Allow an Open Rail Fence in City Right-of-Way along the Water Street Property Frontage at 306 Pier Avenue
RECOMMENDATION:
Authorize the City Manager to execute, and the City Clerk to record, an Encroachment Agreement for 306 Pier Avenue to allow an existing fence in the City right-of-way.
DISCUSSION:
The applicant, The O’Neal Family Trust, currently owns the property at 306 Pier Avenue.
The property was recently redeveloped and a new single-family home was constructed.
The original plans for the property included installation of sidewalk; however on May 21, 2024 the City Council adopted Resolution R-2024-031 establishing a residential sidewalk policy. The policy states “development of residential sidewalk in [qualifying] cases shall only be required if, on a per-block basis, the street frontage on the side of the street where the project is located currently has 50% or more existing sidewalk.” In line with this policy, the applicant submitted revised plans to eliminate the sidewalk from the scope of the project, but did install other frontage improvements including curb and gutter. The open rail fence was constructed along both the Pier Avenue and Water Street frontages behind the curb; the fence along Water Street extends into City right-of-way by approximately 30 inches.
The encroachment has been reviewed by the Public Works Department and poses no threat to public health and safety. If approved, the Encroachment Agreement will give the City a means to order the removal of the encroachment at the owner’s expense should the City need to utilize this space at a future date. The Encroachment Agreement is in the standard format as reviewed and approved by the City Attorney.
Conclusion and Recommendation
Staff recommends that the City Council authorize the City Manager to execute, and the City Clerk to record, the Encroachment Agreement (Attachment 1) for 306 Pier Avenue.
FISCAL IMPACT:
There is no anticipated fiscal impact to the City from permitting the encroachment.
ATTACHMENTS:
1. Encroachment Agreement
2. Photos of Existing Fence
Prepared by: Erin Olsen, Senior Management Analyst
Submitted by: Rosemarie R. Gaglione, PE, Director of Public Works City Manager Approval:
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Rev. date Jan 2025
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Pismo Beach
City Clerk
760 Mattie Rd.
Pismo Beach, CA 93449
Location: 306 Pier Avenue
APN: 010-352-008
Description: Open Rail Fence
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT, made and entered into as of the date the AGREEMENT is fully executed by all parties, by and between the CITY OF PISMO BEACH, a municipal corporation (hereinafter referred to as “City”), and The O’Neal Family Trust, (hereinafter referred to as “Applicant”).
RECITALS:
A.Applicant owns real property at 306 Pier Avenue known as APN 010-352- 008 in the City of Pismo Beach that has a legal description as set forth on Exhibit A hereto and is hereinafter referred to as the “Real Property”; and B.Applicant will maintain improvements, consisting of an open rail fence which encroaches into the City’s public right-of-way for Water Street; and C.Said improvements are described as within the approximate area schematically shown on “Exhibit B”, which is incorporated by reference, and the improvements are hereinafter referred to as the “Encroachment”; and
D.Only the Encroachments consisting of an open rail fence within the area shown on “Exhibit B”, incorporated by reference, are allowed under this Encroachment Agreement; and
E.The City is willing to allow the Encroachment subject to certain conditions.
NOW, THEREFORE, in consideration of the City allowing the Applicant to maintain the Encroachment, the Applicant accepts and agrees to the conditions as follows:
1.LIMITS OF ENCROACHMENT
The Applicant is allowed to construct only the Encroachment that is described herein, subject to the conditions contained herein and any applicable laws. This agreement shall be valid for thirty (30) years from the date of issuance, and shall be extended for ongoing consecutive thirty (30) year terms unless revoked or abandoned as otherwise provided in this agreement. The design of the
9.E-2Council Agenda 4-15-2025
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Rev. date Jan 2025
encroachment must be approved by the City Engineer in the City Engineer’s sole discretion.
2.COSTS
The Applicant shall bear the entire cost and expense of the construction, upkeep and maintenance of the Encroachment.
3.MAINTENANCE
All work relating to the Encroachment shall conform to recognized standards of construction and the Encroachment shall be maintained in a clean and safe manner by the Applicant and/or successors.
4.COMPLIANCE
The Applicant shall comply with all applicable City, County, State and Federal laws and regulations.
5.PERMITS
Applicant shall obtain all other required approvals and permits prior to construction.
6.REVOCATION FOR CAUSE
The Applicant agrees that this Encroachment Agreement may be revoked by the City for failure to comply with any condition contained herein if the Applicant has not eliminated such non-compliance within sixty (60) days after the City gives the Applicant written notice of non-compliance.
7.REVOCATION UPON NOTICE
The City may revoke this Encroachment Agreement or a part thereof for any reason by giving written notice to the Applicant at least one hundred eighty (180) days prior to termination of this Agreement. In such event, Applicant shall, at the Applicant’s sole expense, remove any Encroachment or part thereof and restore the area as shall be required by the City.
8.FAILURE TO REMOVE
If the Applicant fails to remove the Encroachment and restore the area where the encroachment was located upon proper request, the City has the right to remove the Encroachment, restore said area, charge Applicant for costs of removal and restoration, and place a lien upon the real property.
9.AUTOMATIC TERMINATION
The Encroachment Agreement shall terminate automatically at any time the
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Applicant abandons or removes the Encroachment. If the Applicant only abandons or removes a portion of the Encroachment, this Encroachment Agreement shall terminate as to the portion that is abandoned or removed.
10. INDEMNIFICATION
The Applicant agrees to defend and indemnify the City, its officers, employees, and agents against and shall hold them harmless from any loss, costs, damage, expense of whatever description (including all costs of defense and reasonable attorneys’ fees) or liability by reason of injury or death of any person, or damage to or destruction of any property arising out of the design, construction, maintenance or use of, or in any manner otherwise related to, the improvements allowed under this Agreement. It is the intent of this Section that the Applicant shall be responsible for all liability for design, construction, maintenance, and use of the improvements installed or work done pursuant to this Agreement and that the City, its officers, employees and agents shall not be liable for any negligence, whether active or passive in nature, nonfeasance, misfeasance, or malfeasance related to or arising from this Agreement, including but not limited to approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing, or inspecting any work or construction arising from this Agreement.
11. INSURANCE
The Applicant shall cover the encroaching property with and otherwise obtain sufficient liability insurance for both bodily injury and property damage to meet the obligations of this paragraph, but in no event shall the liability coverage be less than one million dollars ($1,000,000) per occurrence. Concurrently with execution of this Agreement, the Applicant shall provide the City with a certificate of insurance evidencing the existence of such coverage, which shall include a provision that provides the City thirty (30) days’ advance written notification of any cancellation or change to the policy of insurance. In the event the Applicant’s policy of insurance cannot be endorsed to provide this notice of cancellation, the Applicant shall provide the City notice of such cancellation, in writing, not later than twenty-four (24) hours following the effective time of such cancellation. The City shall be named as an additional insured via endorsement of the insurance policy. The City Attorney may waive the additional insured requirements if The City Attorney determines that the proposed encroachment will not constitute any significant possibility of City liability, or if such a policy is not commercially available to the Applicant. If such a policy is commercially available, additional costs to the Applicant in obtaining such a policy shall not be a basis upon which the additional insured requirement will be waived. Furthermore, the act of waiving this additional insured endorsement requirement shall not be construed as a waiver of any other right the City may have relating to this Agreement and/or the work permitted. If the Applicant fails to provide sufficient insurance to meet the obligations of this paragraph, the Applicant agrees that any expenses incurred by the City as a result of the improvements authorized by this Encroachment Agreement may be recorded as, and shall constitute, a lien upon the real property of the Applicant in favor of the City.
9.E-4Council Agenda 4-15-2025
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Rev. date Jan 2025
12.AGREEMENT BINDING UPON SUCCESSORS IN INTEREST
This Encroachment Agreement is an instrument affecting the title and possession of the Real Property. All the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of the successors-in-interest of the Applicant, and shall run with the Real Property. Upon any sale of the Real Property, the successor-in-interest shall be bound by the obligations imposed on the Applicant by this Encroachment Agreement.
13.ADDITIONAL COSTS
In the event the City is required to perform additional work because of the Encroachment during the maintenance, repair, installation or reconstruction of any public facilities, the Applicant shall pay all such additional costs incurred in connection with the said extra work within thirty (30) days of receiving a written, itemized statement of charges from the City. In such event, the Applicant shall, at the Applicant’s sole expense, restore any portion of the Encroachment disturbed by the City’s operations when the City’s work is completed. In the event of any controversy, claim or dispute arising out of or relating to this Agreement or violation of any covenant contained herein, the prevailing party shall be entitled to receive from the losing party reasonable expenses, including attorney’s fees and costs.
14.NOTICE TO APPLICANT
Notice to the Applicant shall be deemed given when (i) the notice is enclosed in an envelope, addressed to the last known name and address of the owner of the Real Property as shown upon the most recent assessment roll of the County of San Luis Obispo, and (ii) that envelope is deposited in the United States mail, with postage fully prepaid. If said roll is no longer available, notice shall be deemed given upon (i) posting the notice on the Real Property and (ii) mailing the notice to the last known address of the owner of the Real Property.
Signatures begin on next page
9.E-5Council Agenda 4-15-2025
Attachment 1
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Rev. date Jan 2025
APPROVED AS TO CONTENT:
Rosemarie R. Gaglione, PE
Director of Public Works
CITY OF PISMO BEACH,
A Municipal Corporation
Jorge E. Garcia, City Manager
Date: ___________________
APPLICANT:
The O’Neal Family Trust
Sean M. O’Neal, Trustee
Date: ___________________
The O’Neal Family Trust
Christopher Ryan O’Neal, Trustee
Date: ___________________
APPROVED AS TO FORM:
David M. Fleishman, City Attorney
INSTRUCTIONS
This Agreement will be recorded. Your signature(s) must be acknowledged by a notary.
Inform the Notary that the acknowledgment is for an instrument to be recorded. (California Civic Code 1169, et seq.)
9.E-6Council Agenda 4-15-2025
Attachment 1
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LEGAL DESCRIPTION
Real property in the City of Pismo Beach, County of San Luis Obispo, State of California, described as follows:
LOT 2 AND THE NORTHEASTERLY 25 FEET OF LOT 4 IN BLOCK 15 OF TRACT NUMBER 24, IN THE CITY
OF PISMO BEACH, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP FILED MARCH 2, 1936, IN BOOK 5, PAGE 44 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 2, AS EVIDENCED BY A 5/8” REBAR WITH CAP STAMPED “LS 5702” AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 125 AT PAGE 23 OF RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO BEING A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF WATER STREET, A 49.90 FOOT WIDE STREET AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID RIGHT-OF-WAY LINE
1. SOUTH 64°46’20” EAST, 79.95 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 2, AS EVIDENCED BY A 5/8” REBAR WITH CAP STAMPED “LS 5702” AS SHOWN ON SAID RECORD OF SURVEY, BEING A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF PIER AVENUE, A 49.90 FOOT WIDE STREET AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID RIGHT-OF-WAY LINE OF PIER AVENUE
2. SOUTH 28°53’00” WEST, 75.00 FEET TO THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE GRANT DEED TO 242 PALOMAR, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RECORDED APRIL 13, 2021 AS DOCUMENT NO. 2021-027557 OF OFFICIAL RECORDS, AS EVIDENCED BY A 5/8” REBAR WITH CAP STAMPED “LS 5702” AS SHOWN ON SAID RECORD OF SURVEY; THENCE
3. NORTH 64°46’20” WEST, 79.96 FEET TO THE MOST WESTERLY CORNER OF SAID GRANT DEED, AS EVIDENCED BY A 5/8” REBAR WITH CAP STAMPED “LS 5702” AS SHOWN ON SAID RECORD OF SURVEY; THENCE
4. NORTH 25°52’58” EAST, ALONG THE SOUTHEASTERLY LINE OF LOTS 3 AND 1 OF SAID TRACT NUMBER 24, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE LEGAL DESCRIPTION IS PURSUANT TO THAT VOLUNTARY NOTICE OF MERGER RECORDED MARCH 10, 2023 AS INSTRUMENT NO. 2023006588 OF OFFICIAL RECORDS.
APN: 010-352-008
Exhibit A
9.E-7Council Agenda 4-15-2025
Attachment 1
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WATER STREET
PIER AVENUE
306 PIER
AVENUE
PATIO
DRIVEWAY
PROPERTY LINE & RIGHT-OF-WAY
EXISTING OPEN RAIL FENCE
+/
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3 0
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EXISTING OPEN RAIL FENCE
PROPERTY LINE & RIGHT-OF-WAY
3765 S. Higuera St., Ste. 102 ● San Luis Obispo, CA 93401 p: (805) 543-1794 ● f: (805) 543-4609
www.rrmdesign.com
a California corporation ● Lenny Grant, Architect C26973 ● Jerry Michael, PE 36895, LS 6276 ● Jeff Ferber, LA 2844
DRAWN BY
DATE
JOB NO.
CHECKED BY
REF. SHEET
SCALE
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11/25/24
2322-02-RS21
306 PIER AVENUE
ENCRAOCHEMENT AGREEMENT
EA-01
SCALE: 1" = 20'-0"EA-01
ENCROACHMENT AGREEMENT EXHIBIT1
Exhibit B
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Attachment 1
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9.E-9Council Agenda 4-15-2025
Attachment 2
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.F
Meeting Date: April 15, 2025
TITLE:
Annual City Weed Abatement Program; Declaration of Nuisances RECOMMENDATION:
Adopt a Resolution declaring that grass, weeds, and rubbish on certain lots in the city of Pismo Beach constitute public nuisances and ordering said public nuisances to be abated.
DISCUSSION:
As part of the annual weed abatement program, Fire Department personnel are making a survey of all properties in the city to identify those properties requiring weed, rubbish, or refuse abatement. Municipal Code Chapter 8.321 allows the City Council by resolution to declare those properties a nuisance and order the abatement of those unsafe conditions. Each property owner whose lot has been identified as needing abatement will be mailed a letter, which will explain the weed abatement requirements. That letter will also notify the owner of a protest hearing before the City Council on June 17, 2025 where they can protest the notice. This program needs to be completed by August 5, 2025, in order for the City to turn in abatement assessments to the County Auditor on time to meet the deadline for the 2025–2026 tax roll.
The proposed resolution (Attachment 1) conforms to all provisions of the weed and rubbish abatement ordinance adopted in 1996 (Ordinance O-96-05).
Conclusion and Recommendation
Staff recommends that the Council adopt the resolution provided as Attachment 1.
FISCAL IMPACT:
Costs associated with the annual weed abatement program are included in the City's existing Weed Abatement fund.
ATTACHMENTS:
1. Resolution
Prepared by:
Michelle Pearson, Analyst
Submitted by: Paul Lee, Battalion Chief
City Manager Approval:
1 Full URL https://codelibrary.amlegal.com/codes/pismobeach/latest/pismo_ca/0-0-0-2846
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RESOLUTION NO. R-2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA DECLARING THAT GRASS, WEEDS AND RUBBISH ON CERTAIN
LOTS IN THE CITY OF PISMO BEACH CONSTITUTE PUBLIC NUISANCES AND
ORDERING SAID PUBLIC NUISANCES TO BE ABATED
WHEREAS, Section 8.32.020 of the City of Pismo Beach Municipal Code provides, “The City Council may declare by resolution as a public nuisance, and abate:
A.Weeds growing in any location within the city, whether on public or private land.
B.All rubbish, refuse and dirt upon parkways or sidewalks, and all rubbish and refuse upon private property in the City; and
WHEREAS, the Fire Chief of the City of Pismo Beach or their representative is surveying all lots and can present evidence to the City Council of the City of Pismo Beach that there are weeds, rubbish, refuse and dirt on or adjacent to said lots, and that said conditions should be abated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach that the Fire Chief of the City of Pismo Beach or their representative shall identify said lots and send by mail to each known owner of said lots a notice that the City of Pismo Beach intends to abate the public nuisances thereon.
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 15th 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
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.G
Meeting Date: April 15, 2025
TITLE:
Agreement with Moffatt & Nichol for Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges; Related Budget Adjustments RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Moffatt & Nichol in the amount of $260,838 for inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges, and appropriating related budget adjustments in Fiscal Year 2025.
DISCUSSION:
The Pismo Pier is an iconic structure that is used by the public for fishing and other recreational purposes. It is a popular venue for events and ceremonies for residents and visitors and is a symbol of Pismo Beach and its Classic California culture. The Pier, in its current location, was originally constructed in 1924 and reconstructed in 1984 and most recently in 2018. The structural components of the Pier are due for an underwater and above-water inspection to properly assess the condition of the structure.
In addition to the Pier, there are several bridges that require inspection. The Cypress Street Bridge was originally constructed in 1913 and has been opened and closed to vehicular traffic several times over the years. Most recently, the bridge was rehabilitated in 2006 and reopened to traffic. The Dolliver Street Pedestrian Bridge, originally constructed in 1980, is located west and downstream of the Highway 1 vehicular bridge.
The Shore Cliff Pedestrian Bridge was constructed in 2019 connecting bluff trails between the hotels located at 2555 Price Street and 2411 Price Street.
On February 20, 2025 staff issued a formal Request for Proposals (RFP) for engineering services to conduct an underwater and above-water inspection of the entire Pismo Pier structure and inspections of the Cypress Street Bridge, Dolliver Street Pedestrian Bridge, and Shore Cliff Pedestrian Bridge. On March 13, 2025 two proposals were received and were evaluated by a review panel. Moffatt & Nichol (M&N) was determined to be the most qualified and has been selected to perform the work.
Conclusion and Recommendation
Staff recommends the Council adopt a resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement (Attachment 2) with M&N in the amount of $260,838 for inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges.
FISCAL IMPACT:
The fiscal impact of adopting the attached resolution is an additional cost of $260,838 in the General Fund. The Fiscal Year (FY) 2025 budget includes $259,673 for completion of the project. In order to cover the budget shortfall, staff recommends transferring $1,399 Council Agenda 4-15-2025 9.G-1
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from the General Fund general contingency account to the General Fund Cypress Dolliver Bridge and Pier Inspection project professional services account support the inspection services. The estimated project costs are shown in Table 1 below.
Table 1. FY 2025 Project Funding
Description Amount
Available Project Budget $259,439
M&N Contract Cost $260,838
Budget Surplus / (Shortfall)($1,399)
ATTACHMENTS:
1. Resolution
2. M&N Professional Services Agreement
Prepared by:
Erin Olsen, Senior Management Analyst
Submitted by: Rosemarie R. Gaglione, PE, Director of Public Works City Manager Approval:
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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
PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT & NICHOL IN THE AMOUNT OF $260,838 FOR INSPECTION OF THE PISMO PIER, CYPRESS STREET
BRIDGE, AND PEDESTRIAN BRIDGES, AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2025
WHEREAS, the iconic Pismo Pier was originally constructed in 1924 and reconstructed in 1984 and most recently in 2018; and
WHEREAS, the structural components of the pier are due for an underwater and above water inspection; and
WHEREAS, the Cypress Street Bridge, Dolliver Street Pedestrian Bridge, and Shore Cliff Pedestrian Bridge are also due for inspection; and
WHEREAS, staff issued a formal Request for Proposals for the pier and bridge inspections and received two proposals on March 13, 2025; and WHEREAS, after evaluation by a review panel Moffatt & Nichol was determined to be the most qualified and selected to perform the work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement, in substantially the form attached to staff’s report dated April 15, 2025, with Moffatt & Nichol in the amount of $260,838 for inspection of the Pismo Pier, Cypress Street Bridge and Pedestrian Bridges.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $1,399 in the General Fund Cypress Dolliver Bridge and Pier Inspection project professional services account and de-appropriates $1,399 in the General Fund general contingency account 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 15th day of April 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Council Agenda 4-15-2025 9.G-3
Attachment 1
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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 4-15-2025 9.G-4
Attachment 1
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1 of 12
Vendor Agreement (Rev. 2/2/2018)
CITY OF PISMO BEACH
VENDOR AGREEMENT FOR PROFESSIONAL SERVICES
This Vendor Agreement for Professional Services (“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 Moffatt & Nichol (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
RECITALS:
CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:
Inspection of the Pier Pier, Cypress Street Bridge, Dolliver Pedestrian Bridge and Shore Cliff Pedestrian Bridge
VENDOR represents and warrants that it is qualified to perform those services.
AGREEMENT:
I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.
VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner in accordance with that level of skill and care ordinarily exercised by reputable professional firms performing similar services under similar circumstances. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.
II. TERM
Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through December 31, 2025. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.
III. COMPENSATION
A. VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of two hundred sixty thousand eight hundred thirty-eight dollars ($260,838), unless otherwise first approved in writing by CITY. Should this 2 of 12
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AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.
B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.
IV. TERMINATION OF AGREEMENT
A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.
V. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.
VI. RETENTION OF FUNDS
VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.
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VII. CITY REPRESENTATIVE
The Senior Engineer is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.
VIII. VENDOR REPRESENTATIVE(S)
The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.
IX. INDEPENDENT CONTRACTOR
VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
X. BUSINESS LICENSE
VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.
XI. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.
XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS
A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.
B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the
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services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.
C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.
XIII. INDEMNIFICATION
A. Non-design, non-construction Professional Services:
To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless 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 VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the 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 VENDOR’s performance of this AGREEMENT, VENDOR 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.
B. Non-design, construction Professional Services:
To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR 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 VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, 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 VENDOR’s performance of this AGREEMENT, VENDOR 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.
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C. Design Professional Services:
In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR 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. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.
D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR 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. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.
XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.
XV. INSURANCE
A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) 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. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 6 of 12
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2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, 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. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.
4. VENDOR 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. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.
B. Other provisions or requirements:
1. Proof of insurance. VENDOR 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.
Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. 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. VENDOR 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 work hereunder by VENDOR, its agents, representatives, employees, or subconsultants.
3. Primary/noncontributing. Coverage provided by VENDOR 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 specifications 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 VENDOR or Council Agenda 4-15-2025 9.G-7
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CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.
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 include in the policy coverage, or be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR 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). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR 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 VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
9. Notice of cancellation. VENDOR 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 VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR 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 policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents 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." CITY need not be named as an additional insured on professional liability insurance policies.
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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.
12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’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. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party providing any work under the Scope of Services under the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR 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. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.
14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.
15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
16. Timely notice of claims. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
17. Additional insurance. VENDOR 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 Scope of Services.
XVI. SUBCONTRACTORS
Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:
A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;
B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and
C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this Council Agenda 4-15-2025 9.G-8
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AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.
XVII. CONFLICT OF INTEREST
No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.
No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
XVIII. NOTICE
All notices, requests, demands, or other communications under this AGREEMENT will be in writing.
Notice will be sufficiently given for all purposes as follows:
A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.
B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.
D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.
E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non- business day.
Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.
F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
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G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.
XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.
The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.
XX. INTERPRETATION
The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.
XXI. SEVERABILITY
If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.
XXII. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
XXIII. GOVERNING LAW; JURISDICTION
This AGREEMENT will be administered and interpreted under the laws of the State of California.
Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.
XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS
VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.
XXV. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.
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XXVI. ATTORNEY’S FEES
Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.
XXVII. EXHIBITS
All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.
In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.
XXVIII. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that:
A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.
XXIX. INTEGRATION; AMENDMENT
This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.
Signatures begin on next page.
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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
VENDOR:
Moffatt & Nichol
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice (See Section XVIII):
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative (See Section VIII):
Name/Title: ____________________________
Attachments:
Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
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City of Pismo Beach | Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges | 21 P250550 Proposed Methodologies
Scope of Work
Task 1: Project Management and Pre-Field Work
M&N will provide project management services for the entire project duration, including preparing monthly invoices and monthly progress reports. We will also implement quality control procedures and prepare a Project Work Plan in
accordance with the M&N Quality Management Standard.
The Project Work Plan will summarize project vision and success factors, team organization with contact information, the communication plan, contract obligations, budget management strategies, technical delivery schedule, quality procedures, and document management. M&N will implement quality control checks for each deliverable milestone throughout the project. This task will also include general project planning and coordination prior to conducting the on-site investigations. Task activities will include:
Kick-Off Meeting: M&N will schedule a virtual kick-off meeting with key project staff and the City. The purpose of the meeting will be to summarize project opportunities and goals, project schedule, deliverables, and establish the effort required during the inspections.
Data Review: M&N inspection staff will review existing data for the Pismo Pier and three bridges. The existing data is anticipated to include record drawings, previous inspection and maintenance records, previous reports, and work history.
Develop Project Safety Plan: Before the site inspections, we will prepare a customized Project Safety Plan for the Pismo Pier and three bridges that will include:
• Activity Hazards Analyses, including underwater and above-water inspections. • Dive Operations Plan, including site-specific above-water and underwater inspection emergency management plan, safety plan, and emergency contact list.
• Emergency Management Plan.
• Analyzing all aspects of the field investigations and mitigating risks will by M&N’s safety officers, following M&N’s Health Safety & Environment Manual and Safe Diving Practice Manual.
Task 1 Deliverables
• Monthly invoices and progress reports
• Meeting agendas and minutes
•Pismo Pier Inspection Safety Plan
• Cypress Street Bridge Inspection Safety Plan
• Dolliver Street Pedestrian Bridge Inspection Safety Plan • Shore Cliff Pedestrian Bridge Inspection Safety Plan
Task 2: Pismo Pier Inspection and Reporting
Task 2.1: Pismo Pier Underwater Inspection
The underwater pier inspection will be conducted primarily from a truck-borne mobile surface-supplied air dive
station, including a plumbed air supply and hard-wired
communications. The truck will be located on the pier in the vicinity of the divers, and a ladder will be temporarily rigged to the pier to facilitate diver entry and retrieval. The dive team maintains the ability to demobilize the dive station from the truck and conduct the dive from the shore, as necessitated by environment and conditions. ([KLELW$
Council Agenda 4-15-2025 9.G-11
Attachment 2
Packet Page 49
City of Pismo Beach | Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges | 22 P250550 Most of the inspection will be conducted using surface-supplied air diving equipment, with the option of switching to commercial scuba equipment in surf zones, or as otherwise determined by the dive team, to facilitate safety and thoroughness. The underwater inspection will include all submerged elements extending from the mudline up to an elevation of three feet above Mean Lower Low Water (MLLW). Tide predictions indicate tidal swings of as much as 8 feet in this region. Therefore, careful coordination between the underwater inspection team and the above-water inspection team will maintain 100% coverage of the structure.
The underwater inspection team will capitalize on low-tide and high-tide windows for various advantages throughout the structure, including low tides for greater visibility and high tides for greater access. It is assumed unforeseeable delays due to weather or environmental factors that may affect inspection safety may require additional effort and are not considered part of this proposal. Our inspection team will perform the underwater inspection in a manner that environmental and wave conditions will safely allow. Inspection services per ASCE Manual of Practice 130 to include:
• Level I: Visual inspection of 100% of the accessible submerged structural units (SSUs) from the mudline to the water surface without removing marine growth. This level of inspection detects major damage or deterioration and confirms continuity of components. The Level I inspection will be documented with helmet-mounted color video and still photography. At a minimum, 25% of the Level I inspection will be conducted by a Professional Engineer registered in the State of California. • Level II: A level II inspection will be conducted for 10% of the pier’s underwater piles. It includes partial marine growth removal on 12-inch-wide bands at mudline, mid-depth (as water depths allow), and water surface of the SSUs. At each location, the pile will be measured for remaining diameter. The Level II inspections will be conducted concurrently with the Level I inspections, and documented similarly with helmet-mounted video and still photography. Level II inspection locations will be selected on-site to document typical conditions and perform more-thorough investigation at locations suspected of having more significant damage or deterioration. • Level III: A Level III inspection will be conducted at 5% of the piles to coincide with Level II inspection locations. Level III inspections will utilize an underwater ultrasonic thickness gauge for steel elements. For timber elements, the inspectors will be equipped with and ready to use an incremental borer and treated plugs. However, we strongly recommend using an underwater resistograph. This Level III inspection method carries two significant advantages: First, it provides quantifiable data regarding the locations of any voids due to decay or timber borer activity, as opposed to the qualitative observations made from core examination. Secondly, it is much less invasive, using a needle approximately 2mm in diameter, as opposed to the 6mm diameter hole resulting from an incremental borer.
Task 2.2: Pismo Pier Above-Water Inspection
The visual inspection of the above-water pier portion will be conducted to inspect all accessible components and assess their existing conditions.
The inspection will include the existing pier substructure, including piles, pile caps, pile wraps, stringers, decking, and connections between members. Deck-mounted pier appurtenances, such as railings, light poles, and benches, will be observed for general deficiencies.
Pipelines and utility conduits will be visually inspected for general deficiencies. It is anticipated public pier access will be maintained during the inspection, with proper traffic control measures.
Above-water but below-deck inspection will be performed by a combination of an under bridge access platform (snooper), a small skiff, and free swimmers, as necessary. Representative photographs will be taken of major defects and of typical frequent or widespread lesser defects.
Council Agenda 4-15-2025 9.G-12
Attachment 2
Packet Page 50
City of Pismo Beach | Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges | 23 P250550 Task 2.3: Pismo Pier Inspection Report
and Engineering Assessment
M&N will prepare a compiled above-water and underwater
condition assessment report that contains a clear narrative, accurate figures, photos, identified deficiencies, and supporting documentation. The assessment report will include an overall pier condition evaluation and assign ratings to individual pier elements, based on ASCE criteria. The assessment report will also include recommendations for repair or remediation work to address noted deficiencies. Deficiencies will be itemized for:
• The short-term (immediate to one year).
• Mid-term (two to five years).
• Long-term (five-10+ years) directives.
The objective is to develop a maintenance plan to rehabilitate critical pier elements in accordance with the City’s planned capital improvements program.
Task 2 Deliverables
• Pismo Pier Inspection Report and Engineering Assessment (draft and final) Task 3: Bridge Inspections and Reporting
The objective of this task is to conduct an on-site evaluation of structural conditions, assess damage and deterioration, and document findings for the Cypress Street Bridge, Dolliver Street Pedestrian Bridge, and Shore Cliff Pedestrian Bridge. The inspections will be performed in accordance with the NBIS and the Caltrans Bridge Element Inspection Manual. The effort will be led by Jonathan Chapman, a former Caltrans Bridge Inspector. Inspections will include above-water and underwater visual assessments and a comprehensive condition evaluation of the existing bridge elements and attachments.
Task 3.1: Bridge Underwater Inspections
Underwater inspections will be performed for the Cypress Street Bridge and the Dolliver Street Pedestrian Bridge. The inspections will be conducted by establishing a dive station on the shore adjacent to each bridge. While the final location will be determined on-site, initial assessments indicate Mary Herrington Park will provide a good dive station location for both bridges.
Public access to the bridges and park will be maintained during inspections.
The inspection will observe, measure, and inspect the underwater members for section loss, marine growth, timber decay, marine borer attacks, and any other noted damage. We will measure water depths, local scour, and footing undermining and compare them to the as-built drawing elevations. Photographs will be taken at major defect locations and at frequent or widespread lesser defects for SSUs. If the water quality is poor, a clear water box will provide good pictures. We will assess rock revetment embankment conditions, riprap or other scour countermeasures, and the intermediate piers. Our inspection services will be performed according to ASCE Manual 130 and the NBIS, and will include:
• Level I: Visual inspection of 100% of the accessible SSUs from the mudline to the water surface without removing marine growth. This level of inspection will detect major damage or deterioration and confirm continuity of components. • Level II: A level II inspection will be conducted for 10% of each bridge’s underwater piles. This includes partial marine growth removal on 12-inch-wide bands at mudline, mid-depth, and water surface of the SSUs. • Level III: A Level III inspection will be conducted at 5% of the piles to coincide with Level II inspection locations. Level III inspections will be conducted using an underwater resistograph. The underwater resistograph will provide quantifiable data regarding the locations of any voids due to decay or timber borer activity. The team will coordinate with the City’s project manager before conducting Level III inspections, to establish location, necessity, and if a greater level of testing is required.
The underwater inspection team and the above-water inspection team will coordinate on above-water portions of the substructure units to ensure each substructure unit is completely inspected from the mudline to the top of the cap.
Council Agenda 4-15-2025 9.G-13
Attachment 2
Packet Page 51
City of Pismo Beach | Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges | 24 P250550 Task 3.2: Bridge Above-Water Inspections
The bridge inspections will be conducted in accordance with the Caltrans Bridge Element Inspection Manual. Accordingly, each bridge element will be categorized and assessed
according to its element number. The above-water bridge inspections will assess the structural components, including piles, piers, pier caps, cross bracing, stringers, decking, and railing. We will conduct a visual inspection of these elements and, where feasible, use probing techniques to identify cracks and signs of deterioration. It is assumed the City will grant unrestricted access to the site.
• A hammer will be used to sound structural members to detect voids and any non-visible degradation. • GoPro video cameras will assist in examining hard-to-reach areas, such as the underside of the bridge. • If certain locations are inaccessible due to safety concerns, we will document which bridge portions were not inspected and provide justification.
The bridge decks will be inspected on foot. The undersides of the Dolliver Street Pedestrian Bridge and Cypress Street Bridge will be examined using a boat and by wading into Pismo Creek. For the Shore Cliff Pedestrian Bridge, a GoPro camera will be lowered over the railing to capture still photos and videos. Additionally, the inspection team will walk to the base of the piers and assess the underside of the bridge with binoculars. Jonathan Chapman will climb the piers with a climbing harness for an up-close inspection of the steel girders and steel girder hinges. Therefore, we do not anticipate the need for a snooper nor manlift for these bridge inspections, which will result in cost savings for the City.
The two pedestrian bridges will be assessed for slip, trip, and fall potential, in accordance with Caltrans (DIB 82-06) and ADA documents. Although Caltrans DIB 82-06 is generally used for new construction, it is a good reference when evaluating existing structures for ADA compliance. Field notes, measurements, photographs, and video recordings will be used to help document the investigation findings. The bridge inspection will include:
• Photographs and Video: We will take overall photographs of each bridge, capturing side and approach views to the best extent possible. General photographs will be taken of the surrounding environment, such as upstream and downstream photographs. Detailed photographs will be taken to document structural or functional deficiencies or damage. GoPro video cameras will assist in observing hard-to-reach bridge components. • Bridge Geometry and Measurements: We will document overall bridge dimensions, including, but are not limited to, overall length, overall width, superstructure depth, clear width, freeboard, and railing height. • General Observations: The inspection will include assessing the bridge’s surroundings and condition. Observations will include overhead utilities, utilities carried by the bridge, structure age, manufacturer details, weight limits, type and condition of safety devices, and approach and transition conditions. • Detailed Inspection: The bridge condition will be visually and tactilely inspected. We will inspect the superstructure and substructure for signs of distress and note defects accordingly.
Task 3.3: Bridge Inspection Reports
For each bridge, M&N will compile findings from the field investigation and prepare a Draft Bridge Inspection Report that documents the condition of each bridge element. These reports will be prepared in the style of a Caltrans inspection report and will include the following information:
• Structure name and location
• Construction information
• Design live load
• Load posting information
• Description above structure
• Description under structure
• Limitations and assumptions
• Riprap assessments at
abutments and intermediate
piers
• Measurements of all local scour and
undermining of footings, concrete
walls, or around piles by width,
length, and depth - Water depth will
be measured at each substructure
element and compared to scour
elevations from the record drawings
• Identifying stream bed material
• Inspection commentary categorized
by bridge component
• Condition assessment of each
bridge element and a tabulation,
including quantity, of defects
• Recommendations for future
inspection work, routine
maintenance, and repairs.
• Photographs (overall and
deficiency specific)
• Reference drawings or other
information, if applicable
Council Agenda 4-15-2025 9.G-14
Attachment 2
Packet Page 52
City of Pismo Beach | Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges | 25 P250550 Each Draft Bridge Inspection Report will be submitted to the City for review. Upon review by the City, we will address comments, update the reports, and submit final stamped Bridge Inspection Reports to the City.
Task 3 Deliverables
• Cypress Street Bridge Inspection Report and Engineering Assessment (draft and final) • Dolliver Street Pedestrian Bridge Inspection Report and Engineering Assessment (draft and final) • Shore Cliff Pedestrian Bridge Inspection Report and Engineering Assessment (draft and final) Task 4: Cypress Street Bridge Load Rating
According to current guidance for bridge load ratings,
the Cypress Street Bridge will be load rated for vertical loads using the AASHTO Manual for Bridge Evaluation, Third Edition. Supplemental design guidance may be taken
from the Caltrans SM&I Load Rating Manual, Second Edition and the AASHTO LRFD Bridge Design Specifications, 8th Edition with Caltrans amendments. The load rating will be based on existing structural conditions, material properties, loads, and traffic conditions at the bridge site. Procedures for computing load ratings of timber and steel bridges are based on the assumptions that original materials and construction are good quality.
The superstructure is expected to govern the load ratings, unless significant substructure deterioration is identified. Typically, substructure elements, such as pier caps, abutments, and columns, are not analyzed for load capacity. However, if the field investigation reveals serious deficiencies in these elements, the City will be notified and the project scope and fee can be revised to include a substructure evaluation. The bridge will be load rated for the following vehicles:
• LRFD Design Vehicle (HL-93)
• AASHTO Type 3 Unit (25 Tons)
Task 4 Deliverables
• Cypress Street Bridge load rating calculations with load posting recommendations Assumptions and Exclusions
• Project management services are based on a four-month project duration. • All deliverables will be submitted electronically.
• Inspection work will begin within 30 days of NTP, provided good weather conditions allow. M&N will monitor the 10-day forecast and schedule the inspections during a window with favorable weather, wave conditions, and tides. Unforeseeable delays due to weather or environmental factors that may affect inspection safety may require additional effort. • M&N inspectors will only need to mobilize once.
• M&N will be permitted to drive our dive truck onto the pier to set up a dive station and conduct diving operations. Similarly, M&N will be allowed to drive a snooper onto the pier (approximate weight of 17,000 lbs). • M&N will be permitted to close portions of the pier (up to 25% at a time) to recreational fishing to ensure diver safety. • The M&N dive team will have uninhibited access to the piles, e.g. no vessels will be moored to the pier during the inspection. • No permitting is required. If permits are needed, they will be secured by the City and at the City’s expense. • The City will provide full access to the Cypress Street, Dolliver Street Pedestrian, and Shore Cliff Pedestrian Bridges. • No special equipment or vehicles are proposed beyond those explicitly identified by this proposal. • Outside testing services are not included.
• A structural analysis will not be required for the condition assessment of the pier nor the three bridges. • The City will provide a location at the foot of the Pismo Pier for storing the snooper and related equipment while not in use during the course of the inspection effort.
• No repair drawings are to be provided.
• AASHTO Type 3S2 Unit (36 Tons)
• AASHTO Type 3-3 Unit (40 Tons)
Council Agenda 4-15-2025 9.G-15
Attachment 2
Packet Page 53
City of Pismo Beach | Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges P250550 Fee Proposal - Breakdown of Costs
Our fee is presented in a “time and material, not to exceed” basis and includes all items described in the scope of work.
The fee proposal is based upon the tasks to be performed and reimbursable direct costs. Our total fee proposal is $260,838.
Task 1 - Project Management and Pre-Field Work
Meetings, schedule, invoicing 8 24 --------------------------------------------------16 48 $13,616 -----$13,616 Data review and inspection -----2 -----4 8 4 8 8 -------------------------34 $8,700 -----$8,700 Prepare safety plans ---------------5 1 -----1 20 -------------------------27 $6,156 -----$6,156 Mobilization/Demobilization ---------------16 ---------------8 8 16 ---------------48 $11,864 $2,000 $13,864 Quality assurance and control ----------20 --------------------------------------------------20 $6,620 -----$6,620 Task 1 Total Hours 8 26 20 25 9 4 9 36 8 16 ----------16 177 $46,956 $2,000 $48,956 Names and Classifications
Brad Porter
Principal
Engineer
Garrett Dekker
Supervisory
Engineer
Heidi Kuntz
Senior
Engineer
Jonathan
Chapman
Engineer III
Sean Hart
Engineer III
Ankit
Bhargava
Engineer I
Justin Estrada
Staff Engineer
Louis Baeza
Staff Engineer
Underwater
Diver
Engineer I
Underwater
Diver
Staff Engineer
TBD
Engineer III
TBD
Staff Engineer
Dan Wedeking
Project
Administrator
Total
Hours
Labor
Cost
Direct
Expenses
Total
Cost
Billing Rate $368 $352 $331 $312 $312 $247 $204 $204 $247 $204 $274 $204 $139 Task 2 - Pismo Pier Inspection and Reporting
2.1 Underwater inspection ---------------40 ---------------40 40 40 ---------------160 $38,680 $12,041 $50,721
2.2 Above-water inspection ---------------16 30 -----30 ------------------------------76 $20,472 $13,859 $34,331
2.3 Inspection report and
engineering assessment
(draft and final)
8 ----------16 16 -----96 --------------------40 -----176 $40,672 -----$40,672 Task 2 Total Hours 8 ----------72 46 -----126 40 40 40 -----40 -----412 $99,824 $25,901 $125,725 Task 3 - Bridge Inspections and Reporting
3.1 Underwater inspections ---------------10 ---------------10 10 10 ---------------40 $9,670 $3.001 $12,671
3.2 Above-water inspections -----18 -----18 ---------------------------------------------36 $11,952 $1,539 $13,491
3.3 Inspection reports
(draft and final)6 18 -----0 -----102 -----------------------------------126 $33,738 -----$33,738 Task 3 Total Hours 6 36 -----28 -----102 -----10 10 10 ---------------202 $55,360 $4,541 $59,901 Task 4 - Cypress Street Bridge Load Rating
Draft and final calculationss -----6 ---------------80 --------------------16 ----------102 $26,256 -----$26,256 Task 4 Total Hours -----6 ---------------80 --------------------16 ----------102 $26,256 -----$26,256 TOTAL PROJECT 22 68 20 125 55 186 135 86 58 66 16 40 16 893 $228,396 $32,442 $260,838 Exhibit B
Council Agenda 4-15-2025 9.G-16
Attachment 2
Packet Page 54
City of Pismo Beach | Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges P250550 Description of Item Quantity Unit Unit Cost Total Cost
Airfare 2 Each $1,000 $2,000
Meals per diem 40.5 Day $86 $3,483
Lodging 37 Day $163 $6,031
SSA dive station with truck 6 Day $700 $4,200
Topside equipment with truck 6 Day $275 $1,650
Underwater resistograph 6 Day $350 $2,100
Undewater video 6 Day $100 $600
Ultrasonic thickness gauge 6 Day $50 $300
Non-destructive testing equipment 6 Day $150 $900
Rental car 1 Lump sum $600 $600
Vehicle mileage 968 Mileage $0.70 $678
Inspection skiff 6 Day $150 $900
Snooper 1 Lump sum $9,000 $9,000
TOTAL $32,442
Fee Proposal - Schedule of Direct Costs
Council Agenda 4-15-2025 9.G-17
Attachment 2
Packet Page 55
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.H
Meeting Date: April 15, 2025
TITLE:
Adoption (Second Reading) of an Ordinance Adding Chapter 8.22 to the Pismo Beach Municipal Code Relating to Operation of Unmanned Aircraft Systems (Drones)
RECOMMENDATION:
Adopt 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:
On April 1, 2025, the City Council introduced 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. The subject ordinance (Attachment 1) was introduced with modifications, and it is now being returned for adoption.
The staff report for the April 1, 2025 agenda item, which includes background and analysis, is provided as Attachment 2.
At the time of introduction, the Council directed that limitations on launching drones near schools and City-owned properties be reduced from a distance of five hundred feet to a distance of two hundred fifty feet, and that the penalty for violation be reduced from a misdemeanor to an infraction.
Conclusion and Recommendation
Staff recommends that the Council adopt 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.
If the Council acts to adopt the ordinance as recommended, it will become effective by statute 30 days thereafter.
FISCAL IMPACT:
There is no anticipated fiscal impact from this request or from any of the code changes proposed herein. If adopted, the codification of this ordinances will be absorbed by the adopted City Clerk Division budget.
ATTACHMENTS:
1. Drone ordinance as introduced
2. April 1, 2025 staff report
9.H-1Council Agenda 4-15-2025
Packet Page 56
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
9.H-2Council Agenda 4-15-2025
Packet Page 57
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:
Attachment 1
9.H-3Council Agenda 4-15-2025
Packet Page 58
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.
Attachment 1
9.H-4Council Agenda 4-15-2025
Packet Page 59
“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.
Attachment 1
9.H-5Council Agenda 4-15-2025
Packet Page 60
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 two hundred fifty (250) 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 two hundred fifty (250) feet of a school facility.
E.No person shall launch or land a UAS within two hundred fifty (250) 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 an infraction.
Attachment 1
9.H-6Council Agenda 4-15-2025
Packet Page 61
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.
Attachment 1
9.H-7Council Agenda 4-15-2025
Packet Page 62
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 Inman, seconded by Mayor Pro Tem Reiss, and on the following roll call vote, to wit:
AYES: 4 Inman, Reiss, Guthrie, Waage
NOES: 1 Newton
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2025, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Attachment 1
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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
Attachment 1
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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:
x Drones may only take off and land within the operator’s visual line of sight. x Drones may not take off or land within 25 feet of another person (except the operator’s designee).
x 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.
x Drones may not take off or land within 1,000 feet of emergency response incidents. x Drones may not take off or land on private property without written owner consent of the property owner.
x Drones may not take off or land within 500 feet of schools without written authorization from a school official.
x Drones may not have weapons attached.
x Reckless operation that poses a substantial risk to persons or property is prohibited.
x FAA Temporary Flight Restrictions must be observed.
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April 1, 2025 Introduction Staff Report
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x 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
Attachment 2
April 1, 2025 Introduction Staff Report
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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
Attachment 2
April 1, 2025 Introduction Staff Report
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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.
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Attachment 1
Attachment 2
April 1, 2025 Introduction Staff Report
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“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.
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Attachment 1
Attachment 2
April 1, 2025 Introduction Staff Report
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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
Attachment 2
April 1, 2025 Introduction Staff Report
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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.
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Attachment 1
Attachment 2
April 1, 2025 Introduction Staff Report
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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
Attachment 2
April 1, 2025 Introduction Staff Report
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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
Attachment 2
April 1, 2025 Introduction Staff Report
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.I
Meeting Date: April 15, 2025
TITLE:
Miscellaneous Budget Adjustments for Fiscal Year 2025
RECOMMENDATION:
Adopt a Resolution approving and appropriating miscellaneous budget adjustments for Fiscal Year 2025.
EXECUTIVE SUMMARY:
The City of Pismo Beach operates on a two-year budget cycle, which allows for long-term planning, coordination of multi-year capital projects, and efficiency of staff time as budget preparation only occurs every other year. To maintain accuracy of the budget and update the City’s financial plan, it is important to review and revise it periodically to ensure the budget reflects current revenues received and operating costs and trends. Due to the development of the upcoming two-year budget, staff recommends reviewing various projects that are completed or may be deferred to free up funds for projects proposed in the next two-year budget. The purpose of this agenda item is to provide an opportunity for the City Council to review, approve, and/or make changes to staff’s recommended miscellaneous budget adjustments for Fiscal Year (FY) 2025, via adoption of a Resolution provided as Attachment 1.
The FY 2025 proposed miscellaneous budget adjustments reflect: asset management, beautification, and completed and deferred projects. The net fiscal impact of approving all these changes across all funds is net additional costs of $3,001,338 in FY 2025, largely due to the purchase of the former Wolosz lot, now called the Dolliver Parking Lot. The following table illustrates the net fiscal impact for each category and fiscal year, where negative amounts reflect additional costs or reduced revenues, and positive amounts reflect reduced costs or additional revenues.
Table 1: Proposed Miscellaneous Budget Adjustments Fiscal Impact by Category The following sections describe the components of each category.
Category FY 2025 Fiscal Impact
Asset Management (3,661,117)$
Beautification (8,885)
Completed & Deferred Projects 668,663
Total (3,001,338)$
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Asset Management
The following proposed budget adjustments reflect the additional expenditures associated with managing and growing the City’s assets, including:
•the purchase of 350 Pismo Avenue, formerly known as the Wolosz parking lot and now called the Dolliver Street Parking Lot,
•repair of the North Oak Park & James Way infrastructure due to the waterline break, an updated sewer system management plan to support the assets, •a review of the water supply to develop a short- and long-range water supply strategy,
•parks equipment, and
•the deductible to repair the vandalized Blair Field concession stand.
Details of each item are by fund and amount are described below. The net fiscal impact is an additional cost of $3,661,117.11 in FY 2025.
Table 2: Proposed Budget Adjustments for Asset Management Costs Beautification
The following proposed budget adjustments reflect additional beautification items, including:
•Hiring two new part-time Maintenance Workers to perform the cleaning and pressure washing of an expanded area of the City’s downtown sidewalks, purchasing equipment with Lodging Business Improvement District improvements Fund, and reducing the existing sidewalk cleaning and pressure washing contract. •Performing a biological assessment for the proposed beach cleaning equipment, supported by the Lodging Business Improvement District (LBID) improvements Fund.
Project Title Description Fund Fund One-time/ FY 2025 Proposed Budget Adjustment
Expenditures
Parking Lot Purchase of 350 Pismo Ave (former Wolosz lot)6501 Parking Enterprise Fund
one-time $ 3,301,516.11
N Oak Park Repair North Oak Park Waterline break repair 6101 Water Enterprise Fund
one-time 213,601.00
Sewer System
Management Plan
Sewer System Management Plan 6201 Wastewater
Treatment Fund
one-time 75,000.00
Water Supply Water Supply Review (State Water, Lake Lopez, Groundwater). Developing short and long range
water supply strategy
6101 Water Enterprise
Fund
one-time 45,000.00
Parks Equipment Parks equipment 1001 General Fund one-time 16,000.00 Blair Field Repair Blair Field Concession Stand, CJPIA Deductible for repairs
1001 General Fund one-time 10,000.00
Total Expenditures 3,661,117.11$
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The net fiscal impact of these changes is a net additional cost of $8,884.75 across all funds.
Table 3: Proposed Budget Adjustments for Beautification Completed or Deferred Projects
The following proposed budget adjustments reflect projects that are completed, cancelled or deferred to a future fiscal year. De-appropriating these projects will free up budgeted funds for other purposes. Included in this category is an additional FY 2022 Paving project cost of $389,776.00 to support the support installation of a new storm drain on lower Wadsworth, poor soil conditions and gas line conflicts at Wadsworth, mill and overlay work at Vista Del Mar, widening the paver medians on Price Street, road repairs at Oak Park, and drainage repairs at Solar Way. The net fiscal impact of these completed or deferred projects is net expenditure savings of $609,716.39 across all funds. The following table illustrates the net fiscal impact of the proposed changes by project, fund, and amount.
Table 4: Proposed Budget Adjustments for Completed or Deferred Projects Description Fund One-time/ FY 2025 Proposed
Budget Adjustment
Revenues
Trailer and Pressure washer - Downtown
Beautification
LBID Fund one-time $ 18,794.00
Subtotal Revenues 18,794.00
Expenditures
Trailer and Pressure washer - Downtown
Beautification
LBID Fund one-time $ 18,794.00
Beach Cleaning equipment Biological
Assessment
LBID Fund one-time 8,000.00
Two Part-time Maintenance Workers to
perform in house sidewalk cleaning and
pressure washing
General Fund Ongoing 4,991.00
Reduce current Achievement House
sidewalk cleaning and pressure washing
agreement
General Fund Ongoing (4,106.25)
Subtotal Expenditures 27,678.75$
Net Revenues less Expenditures (8,884.75)$
Project Fund Description FY 2025 Proposed
Budget Adjustment
Revenues
ABC Grant General Fund Project de-appropriation, project completed (24,971.32)$ Chapman Condition
Assessment
Chapman Estate Fund Project de-appropriation, project completed (6,000.00) Chapman Inventory Chapman Estate Fund Project de-appropriation, project completed (24,379.28) City Hall Security Doors Capital Projects Project de-appropriation, project completed (13,974.91) Dolliver/Pomeroy Ped
Scramble
Capital Projects Project de-appropriation, project deferred (50,000.00) Fire Station 63 Roof Repair Capital Projects De-appropriate - project completed (54,057.00) Council Agenda 4-15-2025 9.I-3
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Table 4: Proposed Budget Adjustments for Completed or Deferred Projects continued Project Fund Description FY 2025 Proposed
Budget Adjustment
Revenues
Five Cities Lift St Wastewater
Treatment Fund
Five Cities Bond Proceeds, already received in
prior year
(239,572.00)
FY 2022 Paving Project Capital Projects Additional project costs to support various paving and drainage improvements
230,829.00
Hazard Mitigation General Fund Project de-appropriation, project completed (13,250.04) Hinds/Ocean View Ped Path Capital Projects Project de-appropriation, project completed (210,667.60) Housing Element General Fund Project de-appropriation, project completed (57,215.78) James Way Beautification Capital Projects Project de-appropriation, project completed (400,000.00) Police Substation Capital Projects Project de-appropriation, project completed (1,635.75) South Palisades Workout/Trail Capital Projects Project de-appropriation, project deferred (200,000.00) Trestle Rehab Wastewater Capital
Projects
Project de-appropriation, project completed, shift
funds to WWTP Project
(28,370.00)
WWTP Improvements Wastewater Capital
Projects
Project de-appropriation, project completed, shift
funds to WWTP Project
28,370.00
Subtotal Revenues (1,064,894.68)
Expenditures
ABC Grant General Fund Project de-appropriation, project completed $ (62,929.50) Affordable Housing 2655 Shell Housing In Lieu Fee Project de-appropriation, project completed (116,269.06) Assessment District Study General Fund De-appropriate - project completed (20,000.00) Ballot Measure for Sales Tax General Fund Project de-appropriation, project completed (24,832.73) Chapman Condition
Assessment
General Fund Project de-appropriation, project completed (6,000.00) Chapman Condition
Assessment
Chapman Estate
Fund
Project de-appropriation, project completed (6,000.00)
Chapman Inventory General Fund Project de-appropriation, project completed (24,379.28) Chapman Inventory Chapman Estate
Fund
Project de-appropriation, project completed (24,379.28) City Hall Exterior Repair General Fund Project de-appropriation, project completed (8,473.28) City Hall Security Doors General Fund Project de-appropriation, project completed (13,974.91) City Hall Security Doors Capital Projects Project de-appropriation, project completed (13,974.91) Dolliver/Pomeroy Ped Scramble Half Cent Sales Tax
Fund
Project de-appropriation, project deferred (50,000.00) Dolliver/Pomeroy Ped Scramble Capital Projects Project de-appropriation, project deferred (50,000.00) Fire Station 63 Roof Repair General Fund De-appropriate - project completed (54,057.00) FY 2022 Paving Project Half Cent Sales Tax
Fund
Additional project costs to support various paving
and drainage improvements
230,829.00
FY 2022 Paving Project Capital Projects Additional project costs to support various paving and drainage improvements
230,829.00
Hazard Mitigation General Fund Project de-appropriation, project completed (39,056.10) Hinds/Ocean View Ped Path General Fund Project de-appropriation, project completed (210,667.60) Hinds/Ocean View Ped Path Capital Projects Project de-appropriation, project completed (210,667.60) Council Agenda 4-15-2025 9.I-4
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Table 4: Proposed Budget Adjustments for Completed or Deferred Projects continued Alternatives
1.Approve some of the proposed miscellaneous budget adjustments.
2.Do not approve the proposed miscellaneous budget adjustments; provide alternative direction to staff.
Conclusion and Recommendation
Staff recommends that Council adopt a Resolution (Attachment 1) approving and appropriating miscellaneous budget adjustments for FY 2025.
FISCAL IMPACT:
The net fiscal impact of approving the attached Resolution (Attachments 1) across all funds is net additional costs of $3,001,338.47 in FY 2025. All funds have sufficient fund balance to support the one-time costs and net operating surpluses sufficient to support the ongoing costs. The following table illustrates the proposed revenue and expenditure budget adjustments by fund.
Project Fund Description FY 2025 Proposed
Budget Adjustment
Expenditures
Housing Element General Fund Project de-appropriation, project completed (44,465.08) James Way Beautification General Fund Project de-appropriation, project completed (400,000.00) James Way Beautification Capital Projects Project de-appropriation, project completed (400,000.00) No Project LBID Fund Trailer and Pressure washer - Downtown Beautification
18,794.00
Police Substation General Fund Project de-appropriation, project completed (1,635.75) Police Substation Capital Projects Project de-appropriation, project completed (1,635.75) Police VOIP Phone System Technology Service
Fund
Project de-appropriation, project completed (2,505.62)
South Palisades Workout/Trail General Fund Project de-appropriation, project deferred (90,000.00) South Palisades Workout/Trail Capital Projects Project de-appropriation, project deferred (190,000.00) South Palisades Workout/Trail Park Development
Fund
Project de-appropriation, project deferred (100,000.00) Stormwater General Fund Project de-appropriation, project completed (7,651.80) Trestle Rehab Wastewater
Treatment Fund
Project de-appropriation, project completed, shift
funds to WWTP Project
(28,370.00)
Trestle Rehab Wastewater Capital
Projects
Project de-appropriation, project completed, shift
funds to WWTP Project
(28,370.00)
Urban Greening General Fund Project de-appropriation, project cancelled (40,000.00) WWTP Improvements Wastewater
Treatment Fund
Project de-appropriation, project completed, shift
funds to WWTP Project
28,370.00
WWTP Improvements Wastewater Capital
Projects
Project de-appropriation, project completed, shift
funds to WWTP Project
28,370.00
Body Camera Replacement General Fund Project de-appropriation, project completed (454.82) Subtotal Expenditures (1,733,558.07)$
Net Revenues less Expenditures 668,663.39$
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Table 5: Proposed Miscellaneous Budget Adjustments by Fund ATTACHMENTS:
1.Resolution for Miscellaneous Budget Adjustments
1.A. Exhibit A to Resolution: Summary of Budget Adjustments by Fund and Fiscal Year for FY 2025
Submitted by: Nadia Feeser, Administrative Services Director City Manager Approval:
Fund
Rev/
Exp
FY 2025 Proposed Budget
Adjustment
General Fund Rev (95,437.14)$
General Fund Exp (1,021,693.10)
Subtotal General Fund Net 926,255.96
Half Cent Sales Tax Fund Exp 180,829.00
Subtotal Half Cent Sales Tax Fund Net (180,829.00)
Housing In Lieu Fee Exp (116,269.06)
Subtotal Housing In Lieu Fee Net 116,269.06
LBID Fund Exp 26,794.00
Subtotal LBID Fund Net (26,794.00)
Chapman Estate Fund Rev (30,379.28)
Chapman Estate Fund Exp (30,379.28)
Subtotal Chapman Estate Fund Net -
Capital Projects Rev (699,506.26)
Capital Projects Exp (635,449.26)
Subtotal Capital Projects Net (64,057.00)
Park Development Fund Exp (100,000.00)
Subtotal Park Development Fund Net 100,000.00
Water Enterprise Fund Exp 258,601.00
Subtotal Water Enterprise Fund Net (258,601.00)
Wastewater Treatment Fund Rev (239,572.00)
Wastewater Treatment Fund Exp 75,000.00
Subtotal Wastewater Treatment Fund Net (314,572.00)
Wastewater Capital Projects Rev -
Wastewater Capital Projects Exp -
Subtotal Wastewater Capital Projects Net -
Parking Enterprise Fund Exp 3,301,516.11
Subtotal Parking Enterprise Fund Net (3,301,516.11)
Technology Service Fund Exp (2,505.62)
Subtotal Technology Service Fund Net 2,505.62
Motor Vehicle Fund Rev 18,794.00
Motor Vehicle Fund Exp 18,794.00
Subtotal Motor Vehicle Fund Net -
Total All Funds (3,001,338.47)$
Council Agenda 4-15-2025 9.I-6
Packet Page 79
RESOLUTION NO. R-2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA APPROVING AND APPROPRIATING MISCELLANEOUS BUDGET ADJUSTMENTS FOR FISCAL YEAR 2025
WHEREAS, the City of Pismo Beach operates on a two-year budget cycle, which allows for long-term planning, coordination of multi-year capital projects, and efficiency of staff time as budget preparation only occurs every other year; and WHEREAS, in order to maintain accuracy of the budget and update the City’s financial plan, it is important to review and revise it periodically to ensure the budget reflects current revenues received and operating costs and trends; and
WHEREAS, due to the development of the two-year budget, staff recommends reviewing various projects that are completed or may be closed out to free up funds for projects proposed in the next two-year budget; and
WHEREAS, staff proposes miscellaneous budget adjustments to reflect updated projections and estimates to the Fiscal Year (FY) 2025 budget; and WHEREAS, the FY 2025 proposed miscellaneous budget adjustments reflect: asset management, beautification, and completed and deferred projects; and WHEREAS, the net fiscal impact of approving all these changes across all funds is net additional costs of $3,001,338.47 in FY 2025.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby appropriates changes in revenues and expenditures for FY 2025 as summarized in the table below, and detailed in attached Exhibit A, which by this reference are made a part hereof. This table and attached exhibit include an all-funds net additional cost of $3,001,338.47 in FY 2025, to reflect the Council-approved budget adjustments.
Fund
Rev/
Exp
FY 2025 Proposed Budget
Adjustment
General Fund Rev (95,437.14)$
General Fund Exp (1,021,693.10)
Subtotal General Fund Net 926,255.96
Half Cent Sales Tax Fund Exp 180,829.00
Subtotal Half Cent Sales Tax Fund Net (180,829.00)
Housing In Lieu Fee Exp (116,269.06)
Subtotal Housing In Lieu Fee Net 116,269.06
Council Agenda 4-15-2025 9.I-7
Attachment 1
Packet Page 80
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 15th day of April 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Fund
Rev/
Exp
FY 2025 Proposed Budget
Adjustment
LBID Fund Exp 26,794.00
Subt otal LBID Fund Net (26,794.00)
Chapman Estate Fund Rev (30,379.28)
Chapman Estate Fund Exp (30,379.28)
Subtotal Chapman Estate Fund Net -
Capital Projects Rev (699,506.26)
Capital Projects Exp (635,449.26)
Subtotal Capital Projects Net (64,057.00)
Park Development Fund Exp (100,000.00)
Subtotal Park Development Fund Net 100,000.00
Water Enterprise Fund Exp 258,601.00
Subtotal Water Enterprise Fund Net (258,601.00)
Wastewater Treatment Fund Rev (239,572.00)
Wastewater Treatment Fund Exp 75,000.00
Subtotal Wastewater Treatment Fund Net (314,572.00)
Wastewater Capital Projects Rev -
Wastewater Capital Projects Exp -
Subtotal Wastewater Capital Projects Net -
Parking Enterprise Fund Exp 3,301,516.11
Subtotal Parking Enterprise Fund Net (3,301,516.11)
Technology Service Fund Exp (2,505.62)
Subtotal Technology Service Fund Net 2,505.62
Motor Vehicle Fund Rev 18,794.00
Motor Vehicle Fund Exp 18,794.00
Subtotal Motor Vehicle Fund Net -
Total All Funds (3,001,338.47)$
Council Agenda 4-15-2025 9.I-8
Attachment 1
Packet Page 81
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 4-15-2025 9.I-9
Attachment 1
Packet Page 82
Miscellaneous Budget Adjustments April 15, 2025
Category Description Fund Fund Title Dept Title Activity Rev/
Exp Account
Account
Description Project Title
Ongoing/
One-
time FY 2025
Asset
Management
Blair Field Concession
Stand, CJPIA Deductible for
repairs
1001 General
Fund
Public Works 3032 Exp 52306 Operating
Supp & Maint
No Project one-time 10,000.00
Asset
Management
North Oak Park Waterline
break repair
6101 Water
Enterprise
Fund
Public Works 3122 Exp 56008 Cap Outlay-
Street Const
N Oak Park
Repair
one-time 213,601.00
Asset
Management
Parks equipment 1001 General
Fund
Public Works 3032 Exp 56001 Cap Outlay-
Mach & Equip
No Project one-time 16,000.00
Asset
Management
Purchase of 350 Pismo Ave
(former Wolosz lot)
6501 Parking
Enterprise
Fund
Public Works 3022 Exp 56005 Capital Outlay-
Land
Parking Garage one-time 3,301,516.11
Asset
Management
Sewer System
Management Plan
6201 Wastewater
Treatment
Fund
Public Works 3131 Exp 52101 Professional
Services
Sewer System
Management
Plan
one-time 75,000.00
Asset
Management
Water Supply Review (State
Water, Lake Lopez,
Groundwater). Developing
short and long range water
supply strategy
6101 Water
Enterprise
Fund
Public Works 3121 Exp 52101 Professional
Services
No Project one-time 45,000.00
Beautification Beach Cleaning equipment
Biological Assessment
2006 LBID Fund City Manager 1222 Exp 52101 Professional Services
No Project one-time 8,000.00
Beautification Reduce current
Achievement House
sidewalk cleaning and
pressure washing
agreement
1001 General
Fund
Public Works 3033 Exp 52201 Contract
Services
No Project Ongoing (4,106.25)
Beautification Trailer and Pressure
washer - Downtown
Beautification
7201 Motor
Vehicle Fund
Public Works 3036 Rev 49206 Transfer In
LBID
No Project one-time 18,794.00
Beautification Trailer and Pressure
washer - Downtown
Beautification
7201 Motor
Vehicle Fund
Public Works 3036 Exp 56003 Cap Outlay-
Automotive
No Project one-time 18,794.00
Beautification Two Part-time Maintenance
Workers to perform in
1001 General
Fund
Public Works 3033 Exp 50101 Salaries No Project Ongoing 4,080.00 Council Agenda 4-15-2025 9.I-10
Attachment 1.A
Packet Page 83
Category Description Fund Fund Title Dept Title Activity Rev/
Exp Account
Account
Description Project Title
Ongoing/
One-
time FY 2025
house sidewalk cleaning
and pressure washing
Beautification Two Part-time Maintenance
Workers to perform in
house sidewalk cleaning
and pressure washing
1001 General
Fund
Public Works 3033 Exp 51201 Social Security No Project Ongoing 312.00 Beautification Two Part-time Maintenance
Workers to perform in
house sidewalk cleaning
and pressure washing
1001 General
Fund
Public Works 3033 Exp 51202 State
Unemployment
Insurance
No Project Ongoing
21.00 Beautification Two Part-time Maintenance
Workers to perform in
house sidewalk cleaning
and pressure washing
1001 General
Fund
Public Works 3033 Exp 51203 Workers'
Compensation
No Project Ongoing
578.00
Completed &
Deferred
Projects
Additional project costs to
support various paving and
drainage improvements
1002 Half Cent
Sales Tax
Fund
Public Works 3033 Exp 59301 Transfer Out
Cap Project
FY 2022 Paving
Project
one-time
230,829.00
Completed &
Deferred
Projects
Additional project costs to
support various paving and
drainage improvements
3001 Capital
Projects
Public Works 3033 Exp 56008 Cap Outlay-
Street Const
FY 2022 Paving
Project
one-time
230,829.00
Completed &
Deferred
Projects
Additional project costs to
support various paving and
drainage improvements
3001 Capital
Projects
Public Works 3033 Rev 49102 Transfer In
Half-Cent
FY 2022 Paving
Project
one-time
230,829.00
Completed &
Deferred
Projects
De-appropriate - project
completed
1001 General
Fund
Public Works 3031 Exp 59301 Transfer Out
Cap Project
Fire Station 63
Roof Repair
one-time
(54,057.00)
Completed &
Deferred
Projects
De-appropriate - project
completed
1001 General
Fund
Public Works 3021 Exp 52101 Professional
Services
Assessment
District Study
one-time
(20,000.00)
Completed &
Deferred
Projects
De-appropriate - project
completed
3001 Capital
Projects
Public Works 3031 Rev 49101 Transfer In
General Fund
Fire Station 63
Roof Repair
one-time
(54,057.00)
Completed &
Deferred
Projects
Five Cities Bond Proceeds,
already received in prior
year
6201 Wastewater
Treatment
Fund
General
Government
1011 Rev 49001 Bond Proceeds Five Cities Lift St one-time (239,572.00)
Council Agenda 4-15-2025 9.I-11
Attachment 1.A
Packet Page 84
Category Description Fund Fund Title Dept Title Activity Rev/
Exp Account
Account
Description Project Title
Ongoing/
One-
time FY 2025
Completed &
Deferred
Projects
Project de-appropriation,
project cancelled
1001 General
Fund
Public Works 3032 Exp 52311 Bldg&Grounds
Oper S&M
Urban Greening one-time
(40,000.00)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Public Works 3033 Exp 52225 Misc Schools &
Training
Stormwater one-time
(7,651.80)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Community
Development
4021 Rev 45201 State Gov't
Grants
Housing Element one-time
(57,215.78)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Community
Development
4021 Exp 52101 Professional
Services
Housing Element one-time
(44,465.08)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Community
Development
4021 Rev 45201 State Gov't
Grants
Hazard
Mitigation
one-time
(13,250.04)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Community
Development
4021 Exp 52101 Professional
Services
Hazard
Mitigation
one-time
(39,056.10)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Community
Development
4021 Exp 59207 Transfer Out
Chapman Fund
Chapman
Inventory
one-time
(24,379.28)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Public Works 3031 Exp 59301 Transfer Out
Cap Project
Police
Substation
one-time
(1,635.75)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Public Works 3022 Exp 59301 Transfer Out
Cap Project
Hinds/Ocean
View Ped Path
one-time
(210,667.60)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Public Works 3031 Exp 59301 Transfer Out
Cap Project
City Hall Security
Doors
one-time
(13,974.91)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Public Works 3031 Exp 56007 Capital Outlay
-
Improvements
City Hall Exterior
Repair
one-time
(8,473.28)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Management
Services
1431 Exp 52306 Operating
Supp & Maint
Ballot Measure
for Sales Tax
one-time
(24,832.73)
Council Agenda 4-15-2025 9.I-12
Attachment 1.A
Packet Page 85
Category Description Fund Fund Title Dept Title Activity Rev/
Exp Account
Account
Description Project Title
Ongoing/
One-
time FY 2025
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
City Manager 1211 Exp 59207 Transfer Out
Chapman Fund
Chapman
Condition
Assessment
one-time
(6,000.00)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Police 2111 Rev 45201 State Gov't
Grants
ABC Grant one-time
(24,971.32)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Police 2111 Exp 50102 Overtime ABC Grant one-time
(50,850.00)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Police 2111 Exp 51201 Social Security ABC Grant one-time (3,890.00)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Police 2111 Exp 51202 State
Unemployment
Insurance
ABC Grant one-time
(241.00)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Police 2111 Exp 51203 Workers'
Compensation
ABC Grant one-time
(5,771.00)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Police 2111 Exp 52225 Misc Schools &
Training
ABC Grant one-time
(2,177.50)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Public Works 3032 Exp 59301 Transfer Out
Cap Project
James Way
Beautification
one-time
(400,000.00)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
1001 General
Fund
Police 2111 Exp 56001 Cap Outlay-
Mach & Equip
Body Camera
Replacement
one-time
(454.82)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
2005 Housing In
Lieu Fee
Community
Development
4021 Exp 58008 Other
Financing Uses
Affordable
Housing 2655
Shell
one-time
(116,269.06)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
2007 Chapman
Estate Fund
Community
Development
4021 Rev 49101 Transfer In
General Fund
Chapman
Inventory
one-time
(24,379.28)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
2007 Chapman
Estate Fund
Community
Development
4021 Exp 52101 Professional
Services
Chapman
Inventory
one-time
(24,379.28)
Council Agenda 4-15-2025 9.I-13
Attachment 1.A
Packet Page 86
Category Description Fund Fund Title Dept Title Activity Rev/
Exp Account
Account
Description Project Title
Ongoing/
One-
time FY 2025
Completed &
Deferred
Projects
Project de-appropriation,
project completed
2007 Chapman
Estate Fund
City Manager 1211 Rev 49101 Transfer In
General Fund
Chapman
Condition
Assessment
one-time
(6,000.00)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
2007 Chapman
Estate Fund
City Manager 1211 Exp 52101 Professional
Services
Chapman
Condition
Assessment
one-time
(6,000.00)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
3001 Capital
Projects
Public Works 3031 Rev 49101 Transfer In
General Fund
Police
Substation
one-time
(1,635.75)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
3001 Capital
Projects
Public Works 3031 Exp 56007 Capital Outlay
-
Improvements
Police
Substation
one-time
(1,635.75)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
3001 Capital
Projects
Public Works 3022 Rev 49102 Transfer In
Half-Cent
Hinds/Ocean
View Ped Path
one-time
(210,667.60)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
3001 Capital
Projects
Public Works 3022 Exp 56011 Infrastructure Hinds/Ocean
View Ped Path
one-time
(210,667.60)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
3001 Capital
Projects
Public Works 3031 Rev 49101 Transfer In
General Fund
City Hall Security
Doors
one-time
(13,974.91)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
3001 Capital
Projects
Public Works 3031 Exp 56001 Cap Outlay-
Mach & Equip
City Hall Security
Doors
one-time
(13,974.91)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
3001 Capital
Projects
Public Works 3032 Rev 49101 Transfer In
General Fund
James Way
Beautification
one-time
(400,000.00)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
3001 Capital
Projects
Public Works 3032 Exp 56007 Capital Outlay
-
Improvements
James Way
Beautification
one-time
(400,000.00)
Completed &
Deferred
Projects
Project de-appropriation,
project completed
7101 Technology
Service Fund
Administrative
Services
1531 Exp 52201 Contract
Services
Police VOIP
Phone System
one-time
(2,505.62)
Completed &
Deferred
Projects
Project de-appropriation,
project completed, shift
funds to WWTP Project
6201 Wastewater
Treatment
Fund
Public Works 3132 Exp 59622 Transfer Out
WW Capital
Proj
Trestle Rehab one-time
(28,370.00)
Council Agenda 4-15-2025 9.I-14
Attachment 1.A
Packet Page 87
Category Description Fund Fund Title Dept Title Activity Rev/
Exp Account
Account
Description Project Title
Ongoing/
One-
time FY 2025
Completed &
Deferred
Projects
Project de-appropriation,
project completed, shift
funds to WWTP Project
6201 Wastewater
Treatment
Fund
Public Works 3132 Exp 59622 Transfer Out
WW Capital
Proj
WWTP
Improvements
one-time
28,370.00
Completed &
Deferred
Projects
Project de-appropriation,
project completed, shift
funds to WWTP Project
6202 Wastewater
Capital
Projects
Public Works 3132 Rev 49621 Transfer In
Wastewater
Ent Fnd
Trestle Rehab one-time
(28,370.00)
Completed &
Deferred
Projects
Project de-appropriation,
project completed, shift
funds to WWTP Project
6202 Wastewater
Capital
Projects
Public Works 3132 Exp 56007 Capital Outlay
-
Improvements
Trestle Rehab one-time
(28,370.00)
Completed &
Deferred
Projects
Project de-appropriation,
project completed, shift
funds to WWTP Project
6202 Wastewater
Capital
Projects
Public Works 3132 Rev 49621 Transfer In
Wastewater
Ent Fnd
WWTP
Improvements
one-time
28,370.00
Completed &
Deferred
Projects
Project de-appropriation,
project completed, shift
funds to WWTP Project
6202 Wastewater
Capital
Projects
Public Works 3132 Exp 56007 Capital Outlay
-
Improvements
WWTP
Improvements
one-time
28,370.00
Completed &
Deferred
Projects
Project de-appropriation,
project deferred
1001 General
Fund
Public Works 3032 Exp 59301 Transfer Out
Cap Project
South Palisades
Workout/Trail
one-time
(90,000.00)
Completed &
Deferred
Projects
Project de-appropriation,
project deferred
1002 Half Cent
Sales Tax
Fund
Public Works 3033 Exp 59301 Transfer Out
Cap Project
Dolliver/Pomeroy
Ped Scramble
one-time
(50,000.00)
Completed &
Deferred
Projects
Project de-appropriation,
project deferred
3001 Capital
Projects
Public Works 3033 Rev 49102 Transfer In
Half-Cent
Dolliver/Pomeroy
Ped Scramble
one-time
(50,000.00)
Completed &
Deferred
Projects
Project de-appropriation,
project deferred
3001 Capital
Projects
Public Works 3033 Exp 56011 Infrastructure Dolliver/Pomeroy Ped Scramble
one-time
(50,000.00)
Completed &
Deferred
Projects
Project de-appropriation,
project deferred
3001 Capital
Projects
Public Works 3032 Rev 49101 Transfer In
General Fund
South Palisades
Workout/Trail
one-time
(100,000.00)
Completed &
Deferred
Projects
Project de-appropriation,
project deferred
3001 Capital
Projects
Public Works 3032 Rev 49303 Transfer In
Park Dev Fund
South Palisades
Workout/Trail
one-time
(100,000.00)
Completed &
Deferred
Projects
Project de-appropriation,
project deferred
3001 Capital
Projects
Public Works 3032 Exp 56007 Capital Outlay
-
Improvements
South Palisades
Workout/Trail
one-time
(190,000.00)
Council Agenda 4-15-2025 9.I-15
Attachment 1.A
Packet Page 88
Category Description Fund Fund Title Dept Title Activity Rev/
Exp Account
Account
Description Project Title
Ongoing/
One-
time FY 2025
Completed &
Deferred
Projects
Project de-appropriation,
project deferred
3003 Park
Development
Fund
Public Works 3032 Exp 59301 Transfer Out
Cap Project
South Palisades
Workout/Trail
one-time
(100,000.00)
Completed &
Deferred
Projects
Trailer and Pressure
washer - Downtown
Beautification
2006 LBID Fund Public Works 3036 Exp 59721 Transfer Out Motor Vehicle
No Project one-time
18,794.00
Council Agenda 4-15-2025 9.I-16
Attachment 1.A
Packet Page 89
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #11.A
Meeting Date: April 15, 2025
TITLE:
Levying the 2% Annual Assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2026: July 1, 2025 through June 30, 2026
RECOMMENDATION:
1. Open public hearing; accept protests, if any, to the proposed assessments; close public hearing;
2. Adopt a Resolution levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2026: July 1, 2025 through June 30, 2026.
EXECUTIVE SUMMARY:
At its April 1, 2025 Meeting, the City Council adopted Resolution R-2025-014 approving the Conference Visitors Bureau (CVB)/Lodging Business Improvement District (LBID) Advisory Board’s Annual Report for Fiscal Year (FY) 2026; declaring the Council’s intention to levy an annual assessment of 2% on gross lodging revenues from transient rentals in the District; and setting a public hearing for April 15, 2025 to consider levying the assessment. The Resolution of Intention and Annual Report for FY 2026 were mailed to all lodging properties within the city on April 3, 2025, and a Notice of the April 15, 2025 hearing was published in the New Times, on April 3, 2025. After the public hearing, the Council may consider adoption of a resolution levying the LBID assessment for Fiscal Year FY 2026.
The primary purpose of this agenda item is to hold that public hearing to hear all interested persons and receive any protests. 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 the subject resolution (Attachment 1) confirming the CVB/LBID Advisory Board’s Annual Report for FY 2026 and levying the LBID assessment for FY 2026.
The CVB/LBID Advisory Board’s Annual Report for FY 2026 is provided as Attachment
1.A to this staff report.
Alternatives
1. Do not adopt the resolution; do not levy an assessment in FY 2026.
2. Provide staff with other direction.
Council Agenda 4-15-2025 11.A-1
Packet Page 90
Conclusion and Recommendation
Staff recommends that the Council:
Open the public hearing; accept protests, if any, to the proposed assessments; close the public hearing;
Adopt a resolution levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District (LBID) for FY 2026: July 1, 2025 through June 30, 2026.
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: CVB/LBID Advisory Board Annual Report and Business Plan for FY 2026
Submitted by: Nadia Feeser, Administrative Services Director City Manager Approval:
Council Agenda 4-15-2025 11.A-2
Packet Page 91
RESOLUTION NO. R-2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA LEVYING A 2% ANNUAL ASSESSMENT FOR THE PISMO BEACH LODGING BUSINESS IMPROVEMENT DISTRICT (LBID) FOR FISCAL YEAR 2026:
JULY 1, 2025 THROUGH JUNE 30, 2026
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 Pismo Beach Lodging Business Improvement District ("the District", "PBLBID", or "LBID") by the adoption of Ordinance No. O-2009-08; and
WHEREAS, as required by California Streets and Highways Code Section 36533, the Pismo Beach Conference and Visitors Bureau/LBID Advisory Board has submitted an Annual Report to Council that outlines the activities of the District proposed for Fiscal Year (FY) 2026 (attached as Exhibit A), which was accepted by the City Council on April 1, 2025; and
WHEREAS, on April 15, 2025, the City Council conducted a public hearing to consider any protests against the levy of an annual assessment for the District, and such protests constituted less than fifty percent of the businesses to be assessed; and WHEREAS, pursuant to California Streets and Highways Code Section 36535(d), the City Council may adopt a resolution continuing the District and assessments from the current fiscal year without change.
NOW, THEREFORE, BE IT RESOLVED that the City 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 (Exhibit A).
Section 2. Pursuant to the provisions of Section 36500 et seq. of the California Streets and Highways Code, City Council levies an annual assessment for the Lodging Business Improvement District for FY 2026. The assessment 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 3. This Resolution is effective on its adoption.
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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 15th 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 4-15-2025 11.A-4
Attachment 1
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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, Attachment 1.A
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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 $1,491,393 for direct costs.
The following table shows: the FY 2025 projected actuals for the original 1% assessment, followed by summary tables of the total uses by administrative costs, direct costs, and improvements and details on the direct costs.
Attachment 1.A
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The next tables summarize the total uses by administrative costs and direct costs, and provides the components of the direct costs.
FY 2025
Original 1%
Beginning Fund Balance 707,097$
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$
Attachment 1.A
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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$
Attachment 1.A
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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
Inter est 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$
Attachment 1.A
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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$
Attachment 1.A
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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.
Attachment 1.A
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
Meeting Date: April 15, 2025
TITLE:
Update on the Price Canyon Road / Hinds Avenue / Price Street Corridor Serving Regional Traffic including the Bello Street and Price Canyon Road Intersection RECOMMENDATION:
Receive an update and provide direction on the Price Canyon Road/Hinds Avenue/Price Street corridor including the Bello Street at Price Canyon Road intersection.
DISCUSSION:
Price Canyon Road and State Route 227 provide an alternate north/south route to US 101 between the cities of San Luis Obispo and Pismo Beach, and the unincorporated areas of the County of San Luis Obispo. Price Canyon Road is a critical regional link between Pismo Beach and San Luis Obispo that provides access to agriculture, the airport, oil production, manufacturing, and residential areas between the two cities. The route is also heavily used by regional commuting traffic from south San Luis Obispo County and northern Santa Barbara County to San Luis Obispo. The route between Price Canyon Road and US 101 travels City streets and includes local streets and intersections including the following:
Price Canyon Road / Bello Street
Hinds Avenue / Price Street
Price Street / Stimson Avenue
Price Street / Ocean View Avenue / US 101 SB On-Ramp / US 101 NB Off-Ramp Overview of Corridor Intersections
Price Canyon Road at Bello Street
The amount of through traffic on Price Canyon Road can make it difficult for vehicles on Bello Street to either cross or turn left onto Price Canyon Road. The City’s most recent traffic study, conducted in 2022, states that over 1,000 vehicles per hour utilize this intersection during peak travel times. Cross traffic has increased since the recent completion of the Bello Street Bridge, which reconnected the eastern end of Bello Street to Frady Lane. The 10-year Capital Improvement Plan and Fiscal Year 2022 budget included a project to signalize the intersection of Bello Street and Price Canyon Road.
On August 2, 2022 the City Council approved a contract with Quincy Engineering, now Consor North America, Inc., for professional engineering services for the design of the Bello Street and Price Canyon Road Signalization project. On June 6, 2023, the City Council received a Technical Memorandum prepared by Consor which evaluated traffic signal warrants, three traffic control alternatives, and planning-level cost estimates. The three alternatives for traffic control included a traffic signal, a “peanut”-shaped
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roundabout, and dual mini-roundabouts. The City Council directed staff to proceed with design of the traffic signal alternative.
During the design of the signal, the issue of queue lengths on Price Canyon Road westbound approaching the intersection became of concern. Subsequently, on March 4, 2025, the City Council directed staff return with options for traffic control alternatives.
Price Street at Hinds Avenue
The intersection of Price Street and Hinds Avenue is signalized, and with the regional traffic the heaviest movements through the intersection are westbound Hinds Avenue to southbound Price Street, and northbound Price Street to eastbound Hinds Avenue, which becomes Price Canyon Road at Bello Street.
The operation of the traffic signal results in queue lengths extending beyond Bello Street during the afternoon peak hours. Any improvement to the Bello Street/Price Canyon Road intersection will need to account for this backup, unless the queue lengths were reduced.
For example, the signalization project included scope to coordinate the two intersections’ signals.
A roundabout would be expected to improve operational efficiency at this intersection, increasing throughput and reducing queue lengths, however, it might require acquisition of additional right-of-way.
Price Street at Ocean View Avenue
The intersection of Price Street and Ocean Avenue is unsignalized, with side-street stop control from Ocean View Avenue. Left turns are allowed from the northbound offramp to westbound Ocean View Avenue. The sidewalk at the southwest corner of the intersection connects to the Caltrans multi-use path extending along the side of US 101 over Pismo Creek and the railroad and which connects to Five Cities Drive.
This intersection likely has sufficient existing right-of-way for a roundabout, which would provide benefits including a prominent and formal location of “clam island” as a gateway entry feature into the city, safety due to speed reduction and elimination of left-turn movements, operational level of service, and multi-modal accommodation including potential future connectivity with the Juan Bautista de Anza trail network.
Conclusion and Recommendation
The Price Canyon Road / Hinds Avenue / Price Street to Southbound US 101 is a route of regional significance, with sizeable impacts to the city of Pismo Beach. In order to facilitate identification of the appropriate traffic control measures at the intersections outlined above, staff recommends a holistic analysis of the corridor and feasibility analysis of key intersections. The corridor analysis would include Price Canyon Road and Hinds Avenue from the city limits to Price Street, and on Price Street from Hinds Avenue to the Ocean View Avenue / US 101 Southbound On-Ramp / US 101 Northbound Off-Ramp intersection. Staff recommends continuing efforts to seek outside funding for design and construction including through the San Luis Obispo Council of Governments (SLOCOG).
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FISCAL IMPACT:
There is no financial impact associated with receiving this presentation. Depending upon Council’s direction, staff will release a request for proposals (RFP) and return to authorize a consultant contract.
ATTACHMENTS:
None.
Prepared by: Nate Stong, PE, Senior Engineer
Submitted by: Rosemarie R. Gaglione, PE, Director of Public Works City Manager Approval:
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.B
Meeting Date: April 15, 2025
TITLE:
Discussion of Squirrel Control Options
RECOMMENDATION:
Receive an overview of current practices relating to squirrel control in City parks and provide direction to staff on future practices.
DISCUSSION:
Squirrel control has become an issue in City parks due to the damage they create to parks and bluffs. Squirrel holes accelerate bluff erosion, contributing to bluff failures.
Approximately two years ago, the City Council directed staff to discontinue using bait to control squirrels due to concern that it may be ingested by other non-target animals. The state discontinued use for this same reason. After staff discontinued baiting, the squirrel population has grown significantly and continues to increase yearly. When baiting was discontinued, staff switched to a system of carbon monoxide injection as a control method. It has become apparent that this method is ineffective, in part due to the fact it cannot be used on bluff top areas and also since the tunnels have more than one opening and it allows the gas to escape. Staff was exploring options to return to baiting as a control measure; however, during the two-year period that the use of bait was discontinued by the State of California. All bait was banned except one called Rozal.
Rozal is a poison that cannot be used in walkways, within 50 feet of a dwelling or water, or where there are a lot of people. Rozal is primarily designed for agricultural settings, not park settings. Additionally, Rozal is a food chain poison, meaning that, for example, if it is ingested by a squirrel and a bird eats the squirrel, then the bird becomes poisoned as well.
The current available methods of control are:
Rozal poison – This method is not recommended due to high toxicity risk to people and animals, especially dogs. It is not recommended for a park setting. If the Rozal option were to be selected, the City would need to obtain a special permit, as Rozal is a restricted material.
Carbon monoxide poisoning – This is the current method in use. This is practiced every two weeks and is largely ineffective.
Mechanical control – This method involves live trapping of pests and then dispatching them on site. The state does not allow transportation of pests from the trap location, requiring them to be dispatched on site. Birth control – Squirrels breed two times a year from June through August and from December through February. These are the best times to practice trapping. There Council Agenda 4-15-2025 12.B-1
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is currently no birth control approved or available in the U.S. and development for this is in its infancy.
Carbon monoxide is not as effective near bluff locations as it might be in more inland areas. Given that the State of California no longer allows the method of baiting of squirrels that the City previously found to be successful, and given that Rozal appears to be a more potent poison with potential unintended consequences, staff believes that contracting out mechanical control twice a year at breeding time is likely the most effective solution to control squirrels in City parks.
Conclusion and Recommendation
Staff recommends that the City Council receive this report and provide direction to staff if desired. If directed to move forward with mechanical control, staff will obtain bids for the work.
FISCAL IMPACT:
There is no fiscal impact associated with receiving this presentation.
ATTACHMENTS:
None.
Prepared by:
Mark Wilson, Facilities Manager
Submitted by: Rosemarie R. Gaglione, PE, Director of Public Works City Manager Approval:
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