PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.I
Meeting Date: June 3, 2025
TITLE:
Adoption (Second Reading) of an Ordinance Amending Section 10.10.050 of the Municipal Code Relating to Fines for Paid Parking Time
RECOMMENDATION:
Adopt 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.
DISCUSSION:
On May 20, 2025, the City Council introduced 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, with those additional citations being issued in one-hour increments. The subject ordinance (Attachment 1) was introduced without modification, and it is now being returned for adoption.
The staff report for the May 20, 2025 agenda item, which includes background and analysis, is provided as Attachment 2.
Conclusion and Recommendation
Staff recommends that the City Council adopt an ordinance (Attachment 1) amending the Pismo Beach Municipal Code relating to reduced fines for individuals who have paid for parking but whose time has expired. 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 staff’s recommendation. If adopted, the codification of this ordinance will be absorbed by the adopted City Clerk Division budget.
On May 20, 2025, the City Council directed staff to return with an agenda item allowing the Council to set a reduced fine for expired paid parking citations, with tentative direction to set the fine amount at $20 per hour of overage. If the Council adopts this ordinance at this juncture, staff will return with a resolution allowing the Council to officially establish the fine amount prior to the effective date of the ordinance. The anticipated fiscal impact of that action will be analyzed at that time.
ATTACHMENTS:
1. Ordinance as introduced
2. May 20, 2025 staff report (without ordinance attachment) Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 6-3-2025 9.J-1
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 6-3-2025 9.J-2
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 Mayor Waage, seconded by Council Member Inman, and on the following roll call vote, to wit:
AYES: 5 Waage, Inman, Guthrie, Newton, Reiss
NOES: 0
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Council Agenda 6-3-2025 9.J-3
Attachment 1
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this 3rd day of June, 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. ____________________________
Erica Inderlied, City Clerk
Council Agenda 6-3-2025 9.J-4
Attachment 1
Council Agenda 6-3-2025 9.J-5
Attachment 2
May 20, 2025 Introduction Staff Report
Council Agenda 6-3-2025 9.J-6
Attachment 2
May 20, 2025 Introduction Staff Report
Council Agenda 6-3-2025 9.J-7
Attachment 2
May 20, 2025 Introduction Staff Report