PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.B
Meeting Date: May 20, 2025
TITLE:
Introduction (First Reading) of an Ordinance Amending Section 10.10.050 of the Pismo Beach Municipal Code Relating to Fines for Paid Parking Time RECOMMENDATION:
1. Introduce an Ordinance amending Section 10.10.050 of the City of Pismo Beach Municipal Code, allowing for a reduced fine for individuals who have paid for parking but whose time has expired.
2. Consider and provide direction to staff regarding possible extension of the resident parking pass program to include Price Street.
DISCUSSION:
Ordinance Introduction
Currently, Pismo Beach Municipal Code Section 10.10.050 ("Leaving vehicle parked after receipt of parking meter violation citation") prohibits any vehicle from remaining in a metered space for more than one hour after the issuance of a parking violation citation.
Each additional one-hour period of violation is treated as a separate offense.
Following feedback from the community and review by the Parking Advisory Committee (PAC) on April 23, 2025, a revision to this section is recommended. The goal is to provide a more reasonable approach for individuals who have paid for parking but accidentally overstay their time limit, by allowing for a reduced penalty while still maintaining compliance with parking regulations.
Summary of Proposed Changes:
The existing ordinance language will be updated as follows:
The section title will change from "Leaving vehicle parked after receipt of parking meter violation citation" to "Exceeding Paid Parking Time" to more accurately reflect the nature of the violation.
The revised ordinance specifies that the violation occurs when a vehicle remains parked after the expiration of the paid time as indicated either by the parking meter or a pay-and-display station receipt.
While not explicitly stated in the ordinance text itself, the recommended changes allow for the administrative implementation of a reduced fine structure for first- time offenders who had paid for parking but overstayed their time limit.
Council Agenda 5-20-2025 12.B-1
Consistent with current policy, an additional citation may be issued for every subsequent one-hour period where the vehicle remains unlawfully parked after the first violation.
The new ordinance language is as follows:
10.10.050 Exceeding Paid Parking Time
No operator of any vehicle shall allow said vehicle to remain parked in a metered parking space or a space regulated by a pay-and-display station beyond the paid parking period. A violation of this section occurs when a vehicle remains parked after the expiration of the paid time as indicated by the meter or the pay-and- display receipt. If the violation continues, an additional citation may be issued for each subsequent one (1) hour period where the vehicle remains unlawfully parked. Each one (1) hour period of illegal parking after the initial violation shall constitute a separate offense.
Possible fine/citation amounts were discussed at the April 23, 2025 PAC meeting and the PAC requested that additional information be brought back including options for a fine structure. A special PAC meeting has been scheduled for May 19, 2025, where the fine information will be presented to the PAC for recommendation to Council. Staff will provide the PAC fine structure recommendation verbally to the Council at the meeting on May 20, 2025. It was not possible to schedule a special PAC meeting with enough lead time for the inclusion of the fine recommendation in this staff report.
Resident Parking Pass Consideration for Price Street
With the addition of paid parking on Price Street, Friday through Sunday, staff presented a concept to the PAC to extend the resident parking pass program to include this area.
This extension would apply exclusively to residents of Pismo Beach and would not include business owners or employees. The PAC was supportive of this change and recommended approval to the City Council for consideration.
If City Council chooses to proceed with this recommendation, staff will create a second resident parking pass in a different color for identification purposes. Existing pass holders will receive a mailer with information regarding the update and will be asked to exchange their current pass for the new resident-only pass at the Parking Office. Implementation of this change is expected to take approximately one month, which includes ordering the new passes and distributing the mailer to current pass holders.
Alternatives
1. The City Council may direct changes to the draft municipal code amendment language or Council may refer the ordinance back to staff for clarification.
2. The Council may choose not to extend the paid parking pass program to include Price Street or provide other direction as desired.
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Conclusion and Recommendation
1. Staff recommends that the Council introduce an Ordinance (Attachment 1) amending Section 10.10.050 of the Pismo Beach Municipal Code allowing for a reduced fine for individuals who have paid for parking but whose time has expired.
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.
2. Staff recommends that the Council direct staff to extend the resident parking pass program to include Price Street.
FISCAL IMPACT:
1. The fiscal impact of introducing the attached ordinance is minimal. There may be a slight reduction in the amount of revenue received from citations with the reduction in the fine amount.
2. The fiscal impact of extending the resident parking pass program to Price Street would be dependent on the number and usage of the parking passes purchased.
ATTACHMENTS:
1. Ordinance O-2025-XXX
Submitted by:
Scot Graham, Community Development Director
Jeff Smith, Chief of Police
City Manager Approval:
Council Agenda 5-20-2025 12.B-3
ORDINANCE NO. O-2025-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING SECTION 10.10.050 OF THE CITY OF PISMO BEACH
MUNICIPAL CODE, RELATING TO FINES FOR EXCEEDING PAID PARKING TIME WHEREAS, the City has received feedback noting concern with regard to the current parking enforcement policy where a citation, currently set in the amount of eighty dollars, could be issued for both failure to pay for parking and for an expired meter or kiosk receipt; and
WHEREAS, the proposed amendment provides clarity to what constitutes a violation while also providing the opportunity for administrative implementation of a reduced fine structure for violators who have paid for parking but overstayed their time limit; and WHEREAS, the Parking Advisory Committee reviewed the proposed ordinance amendment at its meeting of April 23, 2025, and recommended approval of the proposed amendment to City Council.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
Section 10.10.050 of the Pismo Beach Municipal Code is hereby revised to read as follows:
10.10.050 Exceeding paid parking time.
No operator of any vehicle shall allow said vehicle to remain parked in a metered parking space or a space regulated by a pay-and-display station beyond the paid parking period. A violation of this section occurs when a vehicle remains parked after the expiration of the paid time as indicated by the meter or the pay-and- display receipt. If the violation continues, an additional citation may be issued for each subsequent one (1) hour period where the vehicle remains unlawfully parked.
Each one (1) hour period of illegal parking after the initial violation shall constitute a separate offense.
SECTION 3.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies Council Agenda 5-20-2025 12.B-4
Attachment 1
only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 4.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 5.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 6.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 20th day of May, 2025, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Council Agenda 5-20-2025 12.B-5
Attachment 1
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this 20th day of May, 2025, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
CERTIFICATION OF ORDINANCE POSTING
Government Code §40806
STATE OF CALIFORNIA }
} ss.
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 XXXX, 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.
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____________________________
Erica Inderlied, City Clerk
Attachment 1