PDF MAKE - Pismo Beach

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1UIJ
Po
Jo
AGENDA
City of
Pismo Beach
REGULAR
Cit
Council Meetin
Tuesday Iyglil 9
9 Ut 74
9p
m
760 Mattie Road
Pismo Beach California
CALL TO ORDER
Reiss
Mayor
ROLL CALL
Mayor
Mayor
Reiss
Gonzales Gee
Pro Tem
Councilmembers
INVOCATION
Higginbotham
Dr Paul Jones
PLEDGE OF ALLEGIANCE
Dr Paul Jones
Next Resolution No R 2006 036
11
Rabenaldt Natoli
Next Ordinance No 0 2006 07
PReS t
tJAltONS
Item 1 A
Introduction of New
Employees
Don Moore
Building
Official and Alan
Darrow Police Officer
Presentation to Pat Mills for his service to the
Item 1 B
2
City of Pismo
Beach
PUBLIC COMMENT PERIOO
At this time
members of the public may comment on any item NOT appearing on the agenda
Under State Law matters presented under this item cannot
except for Consent Calendar items
or acted upon by the City Council at this time
For items appearing on the agenda
the public will be invited to make comments at the lime the Item comes up for Council
consideration At all times please use the microphone
be discussed
In response to your comments the Mayor or presiding Councilmember may
Direct staff to assist or coordinate with you
A Councilmember may state a desire to meet with you
It mav be the desire of the Council to place vour issue
City Council Meeting
Page
1
of June 20 2006
or
matter on a future Council
p1
Ce
C
City Council Agenda
Tuesday
June 20 2006
agenda
Please adhere to the following procedures when addressing the Council
Comments will be limited to 3 minutes or less
Your comments should be directed to the Council
individual Council members
Slanderous
profane
as
a
whole and not directed to
personal remarks against any Council member staff
or
member of the
or
audience shall not be Dermitted
13
CITY COUNCIL COMMENTS AND REQUESTS
4
CONSENT AGENDA
All items
the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested
Councilrnember for special consideration Otherwise the recommendation of staff will be accepted and
acted upon by roll call vote
Per Resolution R 03 14 any items Dulled from the Consent Agenda will be heard under
by
an
on
individual
Section 10
Item 4 A
Clerk
Report of Posting The agenda of the regular June
Council agenda was posted on the City Council Chamber
on June 14 2006
Grigsby
s
Recommendation
Item 4 8
Waive
title
readings
are
waived
Approval by
All
Minutes of the
May
16 2006
Recommendation
Approval
of
Notice of
Completion
Recommendation
Page 2
except by
roll call vote to Consent Calendar
Regular City Council Meeting
Regular City Council Meeting Grigsby
Approval by
Payroll Register
Recommendation
Item 4 E
of ordinances and resolutions
Approval by
Minutes of the June 6 2006
Item 4 0
City
Grigsby
Recommendation
Item 4 C
Readings
20 2006
bulletin board
and
Register of
Approval by
Edes
for the Chumash Park
Approval by
Demands
paving Project
Delzeit
of June 20 2006
2
City Council Agenda
Item 4 F
Tuesday
A Resolution of The
City
Council of The
City
of Pismo Beach
18 323 from the Dinosaur Caves Preservation
Alternates
5 and
Irrigation Project
6 of the Dinosaur Caves
Allocating
Donation to Bid
Park Phase 5
Trails and
Approval by
Notice of
TS
I
Completion fro the 2000 STIP Intelligent Transportation System
Signal Override Project Delzeit
Recommendation
Item 4 H
Society
Delzeit
Recommendation
Item 4 G
June 20 2006
Approval by
A Resolution of The
City
Council of the
City Of Pismo
Beach
California
and
be held on
Giving Notice of the Holding of a General Municipal Election to
Tuesday November 7 2006 and Requesting the Board of
Supervisors of the County of San Luis Obispo to Consolidate said Election
Calling
with the Statewide General Election to be held
on
Tuesday
2006 for the Election of Certain Officers
the
Laws of the
State
of California
as Required by the
Relating to General
November 7
Provisions of
Law Cities
Grigsby
Recommendation
Item 4 1
Item 4 K
City Council of the city of Pismo Beach Approving
Display and Waiving the Special Event Fee Grigsby
Recommendation
Approval by
Contract Renewal with the
County
Recommendation
Approval by
Consideration to Purchase
by
the Fire
Department
A Resolution of The
the
Appeal
a
for Animal Control Services
Thermal
Council
Page 3
Meeting
Cortez
Imager
for
Lifesaving
Approval by
Rescue Use
City
Council of The
City
of Pismo Beach
Upholding
of Effie Me Dermott Et AI
thereby Denying Project No 05
Coastal Development Permit Vesting
0086
Conditional Use Permit
Tentative Map No 2751 For 690 Dolliver APN 005 131 036
City
the
Harkness
Recommendation
Item 4 L
A Resolution of the
2006 Fireworks
Item 4 J
Approval by
Bloom
of June 20 2006
3
City Council Agenda
Tuesday June 20 2006
Recommendation
Item 4 M
3
Rice
Conference and Visitors Bureau Brasile
Administrative Services Department Edes
4
Community Development Department
5
Public Works and
6
Fire
7
Police
Engineering
Department Jenkins
Department Cortez
City Council of the City of Pismo Beach Adopting
Appropriations Limit for the City of Pismo Beach Edes
Recommendation
A Resolution of the
Approval by
City
EDU
the
Council of the
Water Service Tax Rate for FY 07 at
City
of Pismo Beach
156 52 per
setting
Equivalent Dwelling
the
Unit
Edes
Recommendation
Item 4 P
Bloom
Delzeit
A Resolution of the
FY 07
Item 4 0
Activity Reports for May 2006
1
City ClerkAdministration Grigsby
2
Item 4 N
Approval by
Consideration of
Approval by
Temporary Engineering Development
Review Contract
Delzeit
Recommendation
Item 4 Q
Approval by
Consideration to Award
Project Delzeit
Design
Recommendation
Item 4 R
City
Consideration
Contract for
Approval by
the
Amendment
Administration Contract for
Heights
Recommendation
Approval by
Council
4
Page
for
Meeting
Longview
Street Waterline
of
Design
3 Booster Station
and
Project
Construction
Delzeit
of June 20 2006
4
City Council Agenda
PUBLIC HEARING
5
5 30 p
m
CITY COUNCIL PROCEDURES FOR PUBLIC HEARINGS
thereafter the hearing will be conducted
staff will
June 20 2006
Tuesday
the staff
as
1
City
2
and respond to questions from Council
The Mayor will open the public hearing by first
present
The Mayor will
announce
each item and
follows
report
and recommendation on the
proposal being
heard
asking the project applicant appellant or
representative to present any points necessary for the Council as well as the
public to fully understand the proposal
The Mayor will then ask other interested persons to come to the podium to present
testimony either in support of or in opposition to the proposal
The Mayor will invite the applicantappellant or his her representative back to the podium
to respond to the public testimony if appropriate
The Mayor will then close the public hearing and limit further discussion to the Council
and staff prior to the Council taking a vote
his her
3
4
5
No Public
16
Hearing
schedule
BUSINESS ITEMS
Item 6 A
A Resolution of Intention of The
to
Adopt
an
Ordinance
City
Granting
a
Council of The
City of Pismo Beach
Existing Oil Pipelines to
Franchise for
Conoco
Public
Phillips Authorizing the Publication of Notice of and Setting
Hearing Time Date and Place for the Public Hearing Pursuant
Public Utilities Code Section 6232
Recommendation
Item 6 8
Presentation
by Larry
Recommendation
Item 6 C
Hanley
motion
roll call vote
resolution
Receive information
Regarding
Statement of
Rice
Recommendation
Request by
adopt
Allen with the Air Pollution Control District
Consideration of Addendum to the Code of Ethics
Commitment
Item 6 0
By
a
to
By
Councilmember
motion
voice vote
Rabenaldt
for
adopt
addendum
Consideration
of
Building
Moratorium
Recommendation
Page 5
Discussion and Direction
of June 20 2006
5
City Council Agenda
17
Kevin Rice
CITY ATTORNEY S REPORT
City Attorney
19
June 20 2006
CITY MANAGER S REPORT
City Manager
Is
Tuesday
David Fleishman
COUNCIL SUBCOMMITTEE REPORTS
1
Area
2
Dinosaur Caves Preservation Society
Economic Vitality Corporation
Natoli
3
Natoli Gonzales Gee
Agency on Aging
4
Pismo Beach Conference
5
Friends of Price House
Gonzales Gee Higginbotham
Visitors Bureau
Higginbotham
7
Integrated Waste Management Authority JPA Natoli
Mobile Home Rent Stabilization Gonzales Gee Natoli
8
SLO Council of Governments
6
11
12
Reiss Gonzales Gee aIt
SLO Regional Transit Authority
Reiss
Zone 3 Advisory Committee
RabenaldUNatoli alt
SLO County Water Resources Advisory Committee
Rabenaldt
SLO South County Area Transit
Higginbotham
13
SLO Air Pollution Control District
14
Scenic Highway Committee
Natoli
South County Youth Coalition
Higginbotham Natoli
9
10
15
16
Community Improvement Group
Reiss
17
Ventana Fire Station
18
Caiifornia Joint Powers Insurance Authority
Reiss
California Space Authority
Reiss Higginbotham
19
aIt
Gonzales Gee Rabenaldt
110
PULLED CONSENT AGENDA ITEMS
111
ADJOURNMENT
The Council meeting will adjourn by 11 00 p m unless a four fifths vote ofthe Council wishes to continue
past that time If the meeting is adjourned at11 00 p m any remaining agenda items will be continued to
the next
regular meeting
Page 6
of June 20 2006
6
City Council Agenda
Tuesday
Affidavit Date
Time of
June 20 2006
I
Posting
Date June 15 2006
By
Lori
CMC
Grigsby
City Clerk
Title
Time 10 00
General Information
The
City Council
Third Tuesdays
a m
of Pismo Beach meets
of
each
month
at
on
4 30
the First and
m
unless
public
review at
p
otherwise noticed
Council
Agendas
The
City
Council
the
City
s
agenda
website
at
is
now
www
pismobeach
Clerk s Office 760 Mattie Road
the
City
Council
three times
a
Thursday
after 5 00 p
m
available for
orq
Pismo Beach
prior
Regarding
on
the
City
California
to the scheduled
Meetings are broadcast the week of Council meetings
day at 9 00 a m 6 00 p m and 1 00 a m
Notice
and
on
meeting
Channel 20
Americans with Disabilities Act
In
compliance with the Americans with Disabilities Act if you need special assistance to
participate in this meeting please contact the City Clerk s Office at 773 7003 at least 48
hours
prior
to the
meeting
provide accessibility
City
Council
7
Page
to the
Meeting
to
ensure
meeting
that reasonable
arrangements
can
be made to
28CFR 35 102 35 104 ADA Title II
of June 20 2006
7
PISMO BEACH COUNCIL AGENDA REPORT
SUBJECT TITLE
CLERK S REPORT OF POSTING
RECOMMENDATION
Council to approve
by
roll call vote to Consent Calendar the Clerk s date and time of
posting
EXECUTIVE SUMMARY
Clerk
s
meeting
Report
was
of
Posting
posted
on the
The
City
agenda
for the
regular meeting
Council Chamber bulletin board
Council approves this item for
54954 2
posting requirements
of June 20
on
06
City
Council
the verified date and time
of the Brown Act
Government Code
FISCAL IMPACT
Not
Applicable
OPTIONS
Not
Applicable
ATTACHMENTS
None
Prepared by
Lori
Grigsby
City Manager Approval
CMC
City
Clerk
Meeting
Date June 20 2006
j
Agenda
Item
4 A
Page
Page 8
of June 20 2006
1
tYo
j
6 Bf
TITLE
SUBJECT
WAIVE READINGS
RECOMMENDATION
All
readings
except by
title
are
waived
EXECUTIVE SUMMARY
The
Mayor reads all Resolutions and
each item that
City of Pismo
2 04 340
comes
Beach
Reading
At the time of
Municipal
Code reads
adoption
of
an
ordinance
title
only
and not the entire content of
as
follows
the
City
Council
by
unanimous consent of those
determine that the ordinance shall be read
present
presiding officer may
be read by title only
can
statement of the
can
by
of Ordinances
Council members
ordinance
Ordinances
up for consideration
express such consent that
in title
if there is no
A
only
objection
this
2 04 350 Reading of Resolutions
At the time of adoption of any resolution the City Council by unanimous consent of those
Councilmembers present can determine that the resolution shall be read in title only
Such
consent may be
expressed by a statement that if there is no objection this resolution can be
If any Councilmember so requests the resolution shall be read in full
only
However when a resolution is placed on the consent agenda the title need not be read unless
requested by any Councilmember Such resolutions may be adopted with the remainder of the
consent agenda
read
in title
FISCAL IMPACT
Not
Applicable
OPTIONS
Not Applicable
ATTACHMENTS
None
Prepared by
Lori
Grigsby
CMC
City Clerk
Meeting
Date
June 20 2006
j
Agenda
Item 4 B
Page
Page 9
of June 20 2006
1
SUBJECT TITLE
MINUTES OF THE MAY 16 2006 AND JUNE 6
MEETING
MINUTES
OF THE JUNE 6
2006 REGULAR CITY COUNCIL
2006 CLOSED SESSION CITY COUNCIL
MEETING
RECOMMENDATION
None
EXECUTIVE SUMMARY
Attached for you consideration is the minutes of the December 6 2005
City Council
meeting
FISCAL IMPACT
Not
Applicable
OPTIONS
ATTACHMENTS
1
Minutes
Prepared by
Lori
Grigsby
Council
Page 10
City
Meeting
CMC
City
Clerk
Meeting
Date
June 20 2006
j
of June 20 2006
Agenda
Item 4 C
Page
1
MINUTES
City
of Pismo Beach
REGULAR
Cit
The
City
4 30 p
with
m
Council of
in the
Council Meetin
4 30 p m
Tuesda MaY 16 2006
the City of Pismo Beach met this date in
City Council
presiding
Chambers 760 Mattie Road
a
regular
session at
Pismo Beach California
Reiss
Mayor
CALL TO ORDER
Reiss
Mayor
ROLL CALL
Present
Mayor
Mayor
Reiss
Pro Tern
Gonzales Gee
Councilmembers
Higginbotham
INVOCATION
Given
Led
11
by
by
Rabenaldt
Natoli
Dr Paul Jones
Dr Paul Jones
PRESENTATIONS
Item i A
Proclamation
National Police Week
Councilmembers read the
the
presented
proclamation
Police Chief Cortez
Council
proclamation
into the record
Mayor Mary
Ann Reiss
to Pismo Beach Police Chief Joe Cortez
accepted
the
Chief Cortez announced
proclamation with thanks to Mayor Reiss and
a Countywide Peace Officer Memorial Service
to be hosted by his Department Wednesday May 17th at 9 00 a m on the Pismo
Beach Pier
He informed Council that 17 California peace officers have fallen in
the line of
Bill
within the past year including our own Special Agent Supervisor
from the Narcotics Task Force
The Memorial Service will honor the
duty
Garvey
officers of San Luis
Obispo County
who have sacrificed their lives
years and will pay special tribute to Officer
Page 11
throughout the
Garvey
of June 20 2006
Agenda
Item 4 C
Page 2
Item 1 B
Proclamation
Councilmembers
the
presenting
read
National Public Works Week
the
proclamation into
proclamation to City Engineer
the
record
with
Public Works
Mayor
Director
Reiss
Dennis
Delzeit
Mr
Delzeit
accepted
Public Works
Item 1 C
the
Department
proclamation
Proclamation
Councilmembers
the
presenting
read
the
acknowledging
gratitude
of the 30
staff members
Arbor
the
proclamation
Day
proclamation
to
Randy
into
the
record
with
Mayor
Reiss
Bloom
Community Development Director Randy Bloom accepted the proclamation
thanking Council for making the City eligible to continue its 10 year participation
with awards for Tree
2
City USA through
the National Arbor
Day
Foundation
PUBLIC COMMENT PERIOD
At this time
members of the public may comment on any item NOT appearing on the agenda
be discussed or acted upon by the City Council at this time For items appearing on the agenda
the public will be invited to make comments at the time the item comes up for Council
consideration
At all times please
use
the microphone
In response to your comments the
Mayor or presiding Councilmember may
A Council member may state a desire to meet with you
It may be the desire of the Council to place your issue or matter
on a
future Council
agenda
Please adhere to the following procedures when addressing the Council
Comments will be limited to 3 minutes
or less
Your comments should be directed to the Council
individual Councilmembers
Slanderous
profane
or
personal
remarks
as
a
whole and not directed to
against any Councilmember
staff
or
member of the
audience shall not be permitted
Don Lanier alerted Council to recent actions taken by the owners of property at
147 Stimson Mr Lanier referred to the September 8 2005 City Council
Meeting at
which the City approved a project that would demolish existing cottages and
develop a hotel
provision of a 6
at that site
approval of this project was the
month notice and relocation package to existing tenants prior to
demolition and conversion of the property Owners of the property agreed to this
provision at that meeting
Page
12
Conditional to the
of June 20 2006
Agenda
Item 4 C
Page
3
Mr Lanier informed Council that
to vacate 147 Stimson
on
May
13 2006 tenants received a 60
day
notice
management company engaged by the
tenants
property
provide
any indication as to a forthcoming tenant
relocation package per agreement Tenants were advised by that office that no
properties have been made available for relocating tenants and that decorative
owner
Contact with the
did not
windows would be removed
the
this
Mr
openings
property
immediately
Lanier asked if
City
from their units and wood
had information
as
to the
placed over
development of
Mr
Bloom informed Council that the project has not yet been approved at the
Coastal Commission level in that it is currently under appeal relative to a Sea Wall
issue
Mayor
Reiss informed
Mr
tenants with information
Greg Barclay
Lanier that the
as soon as
City
would
investigate
and
provide
possible
tenant residing at the Stimson location offered the Council
including an environmental report relative to the proposed
project replacing the existing cottages
a
documentation
Marilee
Hyman spoke
briefing
Council
as
for unfinished
projects
Steve
made
Puglisi
approval of a
ownership
of
to
ownership
on
behalf of Dr
a
request
multiple owner
would allow
and the
soliciting
Dinosaur Caves Park
additional
private funding
to Council on behalf of Beach
conversion of the
ownership
Holdings Inc for
of the Beach House Inn from single
condominiumization
owners
This
proposed
conversation
to sell
effort to recoup construction and
the hotel noted that the Certificate of
an
Mr
Lebed
to progress at the Park
incrementally the individual 14 units
development costs Mr Puglisi architect
Occupancy
was
received
on
in
of
July 9 2004
change the use of the hotel then
change any of the bed taxes currently
collected by the City
The issue of daily stays and use for the public and the
issue of bed tax he stated are items to be ironed out ultimately by first year
Planning Commission and then by the City Council during approval of the map
Puglisi
indicated the conversion would not
stated his belief that conversion would not
process
Mr
Puglisi explained that
separating the occupancy
trigger
date for
filing
at
present
California State Law has
no
time restriction
time and date of Certificate of Occupancy to any future
of map of change of ownership to condominium The City of
Pismo Beach however does
Page 13
of June 20 2006
Agenda
Item 4 C
Page
4
Mr
Puglisi quoted
Tentative and Parcel
Map Approval
Section 16 604 050
The
Planning Commission shall disapprove a tentative map or
preliminary parcel map for a conversion project if it finds the
application for map approval is filed less than five years from the
date of the original Certificate of Occupancy for the building was
issued
Acknowledging the good reasons behind the City s requirement of a delay Mr
Puglisi stated No one wants to come in with a project in one set of clothes get
the project approved build it then turn around and make it become something
else the next day
He assured Council that this scenario is not the case with the
Beach House Inn and pointed to the fact that the project is going on two years
after occupancy
Mr
Puglisi explained
that he is not asking the City to abandon any time delay
and
occupancy
request to change ownership conditions for
condominium but is asking Council to please consider reducing that time limit
between
If
for
example
the
City
were
years that would allow the
next 3 or 4 months
Mr
certainly
has shown her
to cut the 5 year requirement down to only 2 112
to begin processing her application within the
owner
Puglisi stated that Ms Davies
good faith asking the Council to
owner
of the hotel
consider her
request
at its convenience
Kristin Wolf
tenant at the Stimson location provided Council with information
Housing Element Policy H 13 Ms Wolf indicated that Policy states a
permit may be approved for demolition or conversion of existing residential
housing occupied by low to moderate income persons when the applicant meets
several conditions
Conditions require that the applicant replace affordable units
with others and provide a relocation package to existing tenants
Specifically
permit approval requires the submission of a plan acceptable to the Community
relative to
Development
Director for
and below tenants
assistance in
acceptable
Ms
providing
This
plan
homes
finding
community
new
to the
Wolf stated that the 60
as
day
assistance to moderate income
a
well
moving expenses and
provide for replacement units
program to
6 month notice
as a
Notice to Vacate served
by property
owners
on
disrespect for both Council and tenants
and is not in accordance with policy pertinent to either demolition or conversion
Ms Wolf further stated that imposition of a vacant set of structures in the middle
of the City could constitute significant problems for the City and the community
May
12 2006 demonstrates that
relocation
shall include reasonable
Mayor
Reiss thanked Ms
not been
present during
assured Ms Wolf that the
Page 14
owner s
Wolf for her statements and noting that Ms Wolf had
Mr Lanier s public comments earlier in the meeting
City would investigate the
of June 20 2006
matter
Agenda
Item 4 C
Page 5
Dr Brahama D
Sharma
of the 7
objected to
appeals filed on
Council
s
actions
on
May
2
2006 relative to
Commission decision to approve
hearing
Planning
Project 05 0086 Dr Sharma referred to what he saw as a lack of due process on
the part of Council stating that the moment fees were accepted the City and the
City Council entered into a contractual agreement As such the Council is
required to schedule a hearing within 30 days of the filing date of the appeal as
the
a
Municipal Code Dr Sharma stated the Municipal Code is not subject
suspension and least of all subjection to discretionary interpretation
per the
Dr
Sharma
contained within the
quoted language
body
of the oath taken
to
by
Council Members
without reservation and purpose of evasion then accused
Council of committing purposeful evasion when it failed to schedule the hearing
Dr Sharma challenged Council with his statement that
Any circumventing the
subject
for not
of
punitive consequences
scheduling
recommendation of
of the
authority
one
of them
the
hearing
City
Staff who have
no
the
being
date and in
alleged
to set up a
place
authority
to do so
fraudulent intent
workshop
at the
is in stark violation
of Rules of Order
Dr Sharma cited The Rules of Order
Page
332 Lines 15
through
24
corporate charter constitution or by
procedural rules proscribed by national
Motions that conflict with
laws of
society
State
local Laws
is
In
an
or
adopted
out of order and if any motion of the kind
it is null and void
effort to avoid
suggested
Council
2006 Council
with
or
are
censure
session
recess
Agenda
to
consequences Dr Sharma
and revisit Business Item 6F of the May 2
of Council and
punitive
schedule
immediately
a
hearing
in
response to the
appeal
procedure would entail Planning
appeals hearing at which time the Commission
would have the opportunity to continue that hearing based upon a request for
additional study
He characterized the performance of Council and Planning
Commission
on
May 2 2006 responsive to Planning Commission staff
recommendation as improper procedure
Dr Sharma provided a written copy of
his public comments at May 16 2006 regular session of Council to members of
Dr
Sharma
advised
Council
Commission attendance at
that
proper
an
Council and thanked them for their time
Steven L
Champeau introduced himself as representative of Post 2829 of the
Foreign Wars addressing Council relative to the Post s tenancy of the
Veterans of
Pismo War Memorial Veteran
s
referring
very
to its
government by
Page
15
spoke to the stature of the Vet s Hall
specific California statutes and Federal Law
Hall
He
of June 20 2006
Agenda Item 4 C
Page 6
Mr
Champeau complimented the City for its performance in the restoration of the
Hall two years ago however advised Council that 2
flag poles stood in front of
Vet s Hall prior to renovation but upon project completion only 1
flag pole was
re raised
He explained that currently Vet s Hall is flying the National
Ensign and
under flying the flag of State of California
Mr
addressed the fact the Hall is unable to fly the POW MIA
Flag
After two years of seeking remedy with the City the Post has been unable to re
raise the flag Mr Champeau expressed the embarrassment suffered
by the Post
recently while hosting the California Veterans Council
wherein the
Champeau
Chairman of the Council
meeting
to the failure of the Post to fly the POW MIA
Mr
described
Council
to
the uncompromising commitment that
Flag
Champeau
the
Veterans
of
compels
Foreign Wars to continually fly the POW MIA
in its
vow
inquired
as
to
action
keep alive the spirit of all the
until they are all accounted for
Prisoners of War and all those
flag
missing
in
Mr Champeau suggested that if a pole could not be raised by Memorial Day the
Vet s Hall strike the colors of the State of California and under
fly the POW MIA
under
the
National
Flag
Ensign
Mr
Champeau presented
attend events
Cemetery
Memorial
Alluding
honoring
As
Day
a
POW MIA
a
Memorial
side note
Mr
Day
Champeau
Service the Post
to the war
to Council and extended
at the Pismo Beach Pier and
flag
invitation to
Arroyo Grande
an
reminded Council that at last year s
400 grave markers in that cemetery
over 2
placed
being waged today by
American Soldiers in the Middle East
he noted that this year the number of grave markers would be
Mr
higher
Champeau indicated that if Councilor the public knew of anyone in need of
h
service hours
on Saturday
May 27 at 9 00 a m service hours could be
employed placing grave markers at the Arroyo Grande Cemetery
Mayor
on
Reiss thanked Mr
Champeau
the status of the absent
and directed Staff to
and
report
flagpole
City Manager Kevin Rice acknowledged the direction
indicating Council would be advised within the next week
Page 16
investigate
of June 20 2006
from
Mayor
Agenda
Reiss
Item 4 C
Page
7
13
Mayor
Reiss asked for comments from Council
Councilmember Rabenaldt made reference to
events of
fictionalizing
for
potential
an
reminder for
serves as a
public preparedness
Councilmember Rabenaldt
urged
on
ABC
He commented that this movie
in states of emergency
Citing the
pandemic
of natural and
variety
a
eminent Flu
movie scheduled to air
a
other disasters
the
on
Central Coast
diligence on the home front suggesting
procurement of emergency supplies
due
of extra water and food and the
storage
indicated that
City
Hall would make referrals to
information and other
relative to
resources
that
County agencies
preparedness strategies
the
He
provide
and local
emergency response programs
Councilmember
in front of Veteran
flagpole
flagpole
same
Rabenaldt addressed
Hall
s
Department
He noted that Paul
flag pole
and that the
had been donated
by
failure to
raise
re
Bailey
his
family
second
a
had donated the
that Christine and Bill Couch
at the Pismo Beach Pier
City s
the
had done the
in front of the
Police
new
Councilmember Rabenaldt offered
the current situation at Veterans Hall as an opportunity for private individuals to
present a meaningful gift to their community noting the City would place a
plaque memorializing their donation at the site His recollection
flagpole could be donated for an approximate cost of 7 000
Responsive
public
to
comments
received
from
Council member Rabenaldt made a direct request of
address staff with regard to issues pertinent to the
Braham
that
single
a
Sharma
D
Mayor Reiss asking that she
hearing of 7 appeals filed on
05 0086
Project
Mayor
Dr
was
Reiss commented in kind to Mr Rabenaldt
had acted under advice of
City Attorney
s
request recalling that Council
Mayor Reiss asked Mr
Dave Fleishman
Fleishman if he cared to comment
Dave Fleishman indicated his office had prepared and circulated to
legal research memorandum supporting Motion made by Council at
City Attorney
Council
a
regular
session
communication
May 2 2006
Attorney Fleishman
on
Citing
confidentiality
of
Attorney
Client
did not reveal at session the contents of the
memorandum
Attorney
Fleishman
expressed
his
confidence
that
within the
Council
acted
within
its
Code that
provision
City Municipal
City has accepted Robert s Rules in instances where there are no other
rules adopted by the City Council or applicable provisions of State Law it does
say that the rules are adopted to expedite the procedures of the business of the
powers
while the
Mr
Council
and
jurisdiction
Fleishman noted
the
failure to
a
strictly
observe
such
s
rules
shall
of the Councilor invalidate any action taken at
conformity with the Law
a
not effect
meeting
the
that is
otherwise held in
Council
Page 17
City
Meeting
of June 20 2006
Agenda
Item
4 C
Page
8
Councilmember
newly acquired
the
Air
Higginbotham expressed
Pollution
Control
lawnmower affords
electric
emits
its
lawnmower
no
air
provided through a program sponsored by
She explained the recycling of a gas
opportunity to purchase a battery powered
50
Councilmember
savings over retail
weighs approximately 4 pounds is quiet and
the
160
a
mower
Higginbotham
reminded Council and
the Pismo Beach Pier
on
for
International
Mr
May
17
peace officers killed in
congratulated Pismo s own 17 year old Matt
Second Place worldwide in the Junior Division of the Volcom
taking
Surfing Competition
event
the
held
Councilmember
Newport
at
Beach
described the excitement and
Gallagher and fellow team members
Pismo Beach
Mayor
honoring
to the
as
Higginbotham
Higginbotham
as
public
duty
Council member
attended
owner
for
2006 Memorial Service
Gallagher
her
pollution
Councilmember
the line of
Newton
over
District
indicated the
Higginbotham
her enthusiasm
electric lawnmower
Pro
competed
Tern
on
Higginbotham
May
14th
and her
family
Councilmember
pride with which her family watched
sponsored by Esteem Surf Shop of
with other renowned world class riders
Gonzales Gee
expressed her
giving notice
Works Director Dennis Delzeit for
thanks to
City Engineer Public
slurry project and
of the Dolliver
resulting delays
Pro Tern Gonzales Gee urged Council and public to attend the
memorial for fallen Peace Officers to be held on the Pismo Beach Pier
Mayor
Mayor Reiss
Dolphin Bay
May 17th
a benefit for Shell Beach
Elementary School to be held at
June 2 from 6 30 p m to 9 30 p m The benefit includes live and
silent auctions and a grand finale drawing Tickets are 40 a piece
4
announced
on
CONSENT AGENDA
All items
on the Consent Calendar are to be acted upon
by a single action of the City Council unless otherwise requested
individual Council member for special consideration
Otherwise the recommendation of staff will be accepted and
acted upon by roll call vote
Per Resolution
03 14 any items Dulled from the Consent Aaenda will be heard under
R
Section 10
by
an
Item 4 A
Clerk s
Council
on
Item 4 B
May
Waive
title
Item 4 C
Report of Posting The agenda of the regular May
agenda was posted on the City Council Chamber
11
2006
readings
are
waived
Minutes of the
Minutes of the
Minutes of the
Item 4 D
Approval
of
Page 18
16 2006
City
bulletin board
Grigsby
All
Readings
except by
Grigsby
May
2 2006
Regular City Council Meeting
Workstudy City Council Meeting
February 7 April 4 2006 Special
2 2006
May
January
31
Payroll Register
and
Register
of June 20 2006
of Demands
Council
Meeting
Edes
Agenda
Item 4 C
Page
9
Item 4 E
Item 4 F
Activity Reports for April 2006
1
Rice
2
Conference and Visitors Bureau Brasile
3
Administrative Services
4
Department Edes
Community Development Department Bloom
5
Public Works and
6
Fire
7
Police
Engineering
Delzeit
Department Jenkins
Department Cortez
A Resolution of the
City
Council of the
City
of Pismo Beach
NIMS
Management System
Emergency Management Plan and Operations
the National Incident
Item 4 G
into the
Integrating
City s Existing
Consideration to Award Contract for the 2006 Annual Weed Abatement
Program
CONSENT MOTION
Motion
by
Councilmember Rabenaldt seconded
Natoli to approve the Consent Calendar as
Passed 5 0
were approved by roll call vote
AYES
Rabenaldt
Mayor
NOES
ABSENT
Mayor
Natoli
Councilmember
presented
Gonzales Gee
These items
Higginbotham
and
Reiss
None
None
Reiss announced the advancement of
time and
subsequent pre emption of
Meeting regularly heard at 5 30 p m
Item 6 C
by
Agenda
the Public
Presentation from Marlowe
Company
Item 6 C to be heard at this
Hearing
Section of the Council
Government Affairs Consultants
Rice
City Manager Kevin Rice introduced the President and Vice President of Marlowe
Company Mr Howard Marlowe and Mr Greg Burns respectively City Manager
Rice described Marlowe
Company
with
track
lobbying firm based in Washington D C
very
representing coastal communities
the
Eastern
Seaboard
the
Gulf
Coast
States and along the California
throughout
Coast
Mr Rice described the presentation as purely informational in nature the
intent being to examine the services Marlowe
Company can provide and give
Council an opportunity to pose questions
He suggested that
if Council
Mid
cycle budget review
recognized a need for such services the upcoming
might be an appropriate time to retain Marlowe
Company
a
Council
Page 19
City
successful
Meeting
as a
record
for
of June 20 2006
Agenda
Item 4 C
Page
10
Howard Marlowe
addressed Council explaining that Marlowe
Company
affairs
firm that has for 22 years helped coastal communities
governmental
secure Federal funding for municipal projects
Mr Marlowe indicated that issues
important to Council had been discussed with staff prior to session and that
is
briefly
a
Marlowe
Company could assist the City in an attempt to obtain additional funds
from the Federal Government to meet City needs He introduced Vice President
Greg Burns the firm s representative specific to California clientele
Mr Burns
expanded on the firm s California Coast clientele for benefit of Council
Referring to previous meetings with City staff Mr Burns acknowledged changes
taking place within the City and the ability of Marlowe
Company to assist with
associated
clients
He indicated that last year the firm helped secure for its
45 million in Federal Funding representing an over 40 to 1 return on
investment
financing
Mr Burns
where
explained that the
opportunities
mesh with
firm would work with the
City
to decide
priorities
Washington then guide the
in its interactions with the government He discussed other ongoing projects
with established clientele relative to the issues facing the City of Pismo Beach
such as bluff erosion
available in
City
Mr Burns stated that
obtaining funding
Radio
meetings
with
City Manager Rice had presented three main
Company could be most successful in
of Old City Hall
2 Bluff Erosion and
3
of focus that he felt Marlowe
areas
1
Restoration
Relay System
these and other projects as unique to Pismo Beach Mr Burns assured
Council that in many ways they share a similarity with projects
completed by firm
Noting
clientele
as a
result of Marlowe
would like to propose
Mayor
Mr
He indicated the firm
Company contracting
1 year contract for services at the Mid year Budget Cycle
asked Council for comments
Councilmember
the
a
Higginbotham inquired
45 million in Federal monies raised
Burns indicated
40 clients
with
to the number of
as
by
projects
funded
by
the firm in 2005
average of 1 25
an
projects
per client
represented approximately 60 projects funded in 2005 He noted within the 45
million figure the great variance in project costs and funding needs of individual
clients
Mayor
Pro Tern Gonzales Gee inquired
Marlowe
Company to its clientele
as
to
professional
fees
charged by
Mr Burns stated fees vary depending upon the client s needs however a fee of
3 000 to 3 500 has been discussed to retain firm services for the
City
45
000 per year
He noted that fees range from
roughly
36 000 to
60 000
annually relative to the firm s efforts Mr Burns stressed that the firm offers no
between
guarantee of success
period of 22 years
but referred to
Page 20
a success
of June 20 2006
rate of
over
90
performed
Agenda
over a
Item
4 C
Page
11
President Howard Marlowe interjected
the need to deal with governmental
clients
Mr Marlowe
funds
governmental
in which that City
noting that the firm s services encompass
agencies after monies are procured for
of the firm s time is spent ensuring
often 50
explained that
presented to
are
wants to
use
the client
properly
and used in the
Mayor Pro Tem Gonzales Gee asked City Manager Rice if the
presented with a list of specific projects prior to hiring Marlowe
City Manager
Rice
in the affirmative
responded
manner
those monies
indicating
Council would be
Company
Council would need to
set priorities
City would want the firm to pursue He added that
projects
firm
had come from the California Coastal Alliance a
the original referral for the
very reputable non profit organization representing virtually all the coastal
the
on
communities in California
Pro
Mayor
Tem
Gonzales Gee
recommendations of
Greg
possible
Burns recommended
likelihood of
success
asked
success
the firm
allowing
if
Marlow
relative to
Company
individual projects
could
make
the various
analyze
Council to consider that
projects relative to a
aspect when prioritizing
projects
Mayor
Reiss asked for
public
comments
asked Mr Burns if he would share some specifics relative to the
nature of past failures on the part of the firm to secure funding for its clients
Marilee
Mr
Hyman
Burns made reference to
a
client in Fort
Myers
Florida with two
separate
projects The first project was the restoration of the Thomas Edison and Henry
Ford Winter Homes The second project involved securing educational funds to
improve opportunities
obtaining
the
to local school
restoration funds
children
however
they
The firm
were
was
unable
successful in
to
secure
the
passing the labor Health and Human Services
Appropriations
Congress decided not to include any projects within
that bill which unfortunately was where the firm had sought funding for the
educational project
In an unusual turn of events Congress applied the funding
that traditionally was given to projects carried on the bill instead to under funded
educational
funds
When
Bill that year
Federal programs
Page
21
of June 20 2006
Agenda
Item 4 C
Page
12
5
PUBLIC HEARING
5 30p
m
thereafter the hearing will be conducted as follows
The
Mayor
will
announce
each item and
City staff will present the staff report and recommendation on the proposal being heard
The Mayor will open the public hearing by first asking the project applicant
appellant or
his her representative to present any points necessary for the Council as well as the
The Mayor will then ask other interested
persons to come to the podium to present
The Mayor will invite the applicant appellant or his her representative back to the
podium
to respond to the public testimony if appropriate
The Mayor will then close the public hearing and limit further discussion to the Council
1
2
3
4
5
Item 5 A
An Ordinance of the Pismo Beach City Council Adopting Amendments to
the 1983 and 1998 Zoning Codes and Local Coastal
Program Addressing
Secondary Dwelling
City Manger Rice
Council member
Units
Citywide
Residential Zones
Bloom
introduced the Item
Higginbotham
excluded herself based
on
conflict of interest
Community Development
Director Bloom addressed proposed revisions relative
restrictions
impact fees size of dwelling off street parking
to occupancy
extension of amnesty and exclusion of Pismo
Longview and Stratford
Mr
Heights
from the intersection of
Bloom referred to
proposed
approved
a consultation with the
Housing Authority wherein the
the
Ordinance
to
were
reviewed
and noted same would be
changes
under State Law
Additionally he addressed the application of 30
restriction
grade
to
Secondary Dwelling
Units
The
in
Mayor opened the Public Hearing for anyone wishing to speak
opposition to the Ordinance The following citizens spoke
in favor of
or
Rena Sheldon asked Council to limit units
access
Pismo
parking congestion
Heights
Ms Sheldon
as much as possible citing
single path
potential doubling of the population of
supported striking the words and relative from the
and the
occupancy restriction
Page 22
of June 20 2006
Agenda
Item 4 C
Page
13
Barton Dennen
expressed his general approval of Council recommendations and
s protection of Pismo Heights
He felt it appropriate to set a
supported
Council
maximum
unit size and
supported
owner
that
fees
impact
should
be
imposed
Mr
Dennen
occupancy and stated that he would like to see minimum lot
referring to more dense areas of the City He
timeline for the process of amending the Ordinance
size restriction in the Ordinance
then asked for
Mr
the matter will be set for the next
approach the Coastal Commission
Bloom indicated that if Council votes
meeting
Dr
a
and that the next
Braham
affordable
D
step would be to
questioned Secondary Dwelling Units
a professional entity could occupy
Sharma
and asked if
housing
as
providing
such
a
unit
Tony Spinelli referred to the 621 affordable housing units required from the City
He objected to single path access as a basis for the exclusion of Pismo Heights
noting that Avila Beach and other local cities have single path access He stated
that stifling affordable house does not help with the current situations facing the
City
Steve Viera noted
Federal Law
He
housing units mandated by State and
suggested consistency throughout the City referring to the
the 621
affordable
exclusion of Pismo Beach
a
violation
in the Ordinance
Heights
of property rights
Ted
Ehring supported
and
predicted
that the
Mr Viera
s
opposition
constitutionality
identifying
that exclusion
to the exclusion of Pismo
of that action would be
as
Heights
questioned
in the
future
Mayor
Reiss closed the
public hearing
Council member Natoli
commending
and asked for comments from Council
referred to his tour with the State
Housing Authority
knowledge of law needs of the community
locating funding to provide affordable housing
State officials for their
and information relative to
Council member Natoli
suggested
Council make
a
decision
relative to
owner
occupancy restrictions
Pro Tern Gonzales Gee asked Mr
Mayor
subject
to new
Director Bloom
Mayor
proposed
Bloom if current
in the
negative
Pro Tern Gonzales Gee stressed the need for
single path
the need to exclude that
Dwelling
would be
ordinance
responded
and concluded that
applicants
area
access
from
owner
occupancy restriction
to the Pismo
the
Heights area clearly supports
development of additional Secondary
Units
Page 23
of June 20 2006
Agenda
Item 4 C
Page 14
Mayor Pro Tern Gonzales Gee referred to affordable housing development noting
that the term affordable was not clear in her mind
She asked for guidelines
that
rents
the going
in the City for such units are not lower or moderate
noting
suggest
Mayor
Director
Randy
Bloom
indicated
the
smaller units
lower rents
Pro Tern Gonzales Gee
urged
clarification of
parking
restrictions
Director Bloom indicated the Ordinance
as amended would allow the off street
be
counted
on
the
space requirement
driveway in front of the garage and
offers a side yard allowance as well He stated the 600 sq ft units are designed
for single occupants and therefore less intrusive in terms of additional parking
one
Pro
Mayor
Tern
Gonzales Gee
referred
to
ordinance
Planning
Commission has the discretion to approve
exceptions noted therein
Mr Bloom gave as an example of an exception
restriction to Secondary Dwelling Units
a
the
standards
development
application
the
noting
and cited the
of
a
30
grade
spoke to the subject of affordable housing referring
to the terminology as subjective as well as objective
He noted the State
considers rental fees representative of 30
of tenant s gross income including
utilities
affordable
as
proposed the imposition of full Impact Fees stating
occupants
Single Dwelling Units do not represent less of an impact than
of
occupants
single family dwellings
that
of
Describing a surge in the Pismo Bay that flooded the downtown core during the
1960 s resulting from a geological slide Councilmember Rabenaldt urged the
consideration of excluding areas subject to single path access
He stated that
additional slides are eminent pointed to the fact that two fault lines run through
the City and reminded Council of the proximity of the Diablo Canyon nuclear
Council member
Rabenaldt
facility
proposed the exclusion of such
developments in Shell Beach based upon potential disaster situations and the
limited evacuation routes available to residents
Secondary Dwelling Units could
double occupancy in Shell Beach and the downtown core and as
such Councilmember Rabenaldt stated that properties North of the 4th Street
onramp should be prohibited from the development of Secondary Dwelling Units
conceivably
Mayor
the
Mr
Reiss
inquired as to the reasoning
Secondary Dwelling Units
Bloom
explained
square foot lot size to
behind the
halving
of
Impact
Fees for
the
a
Page 24
halving was a reflection of the halving of the 1 200
unit size restricted to a maximum of 600 square feet
of June 20 2006
Agenda
Item
4 C
Page
15
Mayor
Reiss noted the
Fees assessed
Impact
property
on
owners
is collected
by
the School District
Mayor
inquired as to the
City limits
number of lots
exceeding
an area
size of 10 000 square feet within
Mr Bloom indicated less than 20 lots
fitting that description
exist within the
Mayor Reiss expressed her concerns as to fairness in allowing a minimum
footage of 600 on Secondary Dwelling Units while single family dwellings
restricted in the
City
square
not
are
same manner
MOTION 5 A
Motion
by
Natoli
to
waive
by
Councilmember
the
first reading and introduce by Title Only
adopting amendments as set forth below to the
1983 and 1998 Zoning Codes and Local Coastal Program addressing
Secondary Dwelling Units
Ordinance 0 2006 06
1
Ordinance is amended relative to
of
exemption
Impact
and by imposing an
assessment
Dwelling Units at a rate
Single Family Residence
2
equal
of those fees assessed
to 50
Ordinance is amended relative to the
restriction
on
units located
3
striking from the Ordinance the
on Secondary Dwelling Units
of Impact Fees upon Secondary
Fees assessed
Second
on
the
Dwelling
property
be
Units
imposition
requiring
occupied by
of
that
the
an
one
structures
developed
for
designation
as
occupancy
of the two
property
Ordinance is amended relative to the restriction of the
a
owner
area
size of
Secondary Dwelling
Units
wherein
Lots
less than 5 000 square feet are
from development of structures for designation as
consisting
prohibited
of
an area
Secondary Dwelling
Units
consisting of an area of at least 5 000 square feet but
less than 10 000 square feet are restricted to development of
structures no larger in area than 600 square feet for
designation as Secondary Dwelling Units
Lots
Lots
consisting
of
an area
equal
to
or
larger
than
10 000
square feet are restricted to development of structures
larger in area than 1 200 square feet for designation
Secondary Dwelling
Page 25
of June 20 2006
no
as
Units
Agenda
Item 4 C
Page
16
4
Ordinance is amended relative to the
for structures
requirement
of off street
parking
designated
Secondary Dwelling Units by
retaining the one space requirement non specific to structure size
and by retaining rear and side yard allowances and by striking the
front yard allowance
5
Ordinance
is
as
amended
relative
of structures for
development
Units on properties
specifically
intersecting
6
streets of
area
those
as
the
designation
located in the
described
to
Longview
prohibition
as
known
of
the
Secondary Dwelling
Pismo
as
properties
lying
Heights
above
the
and Stratford and
Ordinance is amended relative to the extension of the June 20
2006 expiration of the Amnesty Program applicable to existing
Secondary Dwelling
Unit structures to
an
expiration
date of June
30 2007
This item
was
approved by
AYES
Natoli
NOES
Mayor Reiss
Higginbotham
ABSENT
16
roll call vote
Passed 3 1 1
Rabenaldt Gonzales Gee
BUSINESS ITEMS
Item 6 A
Quarterly Update
City Manger
Rice introduced the Item then turned it
Capital Improvement Program
Status
over to
Report
Ray
City Engineer
Public
Works Director Dennis Delzeit
Mr
Delzeit
Mr
Greg Ray presented
presented a brief introductory update
Greg Ray to present Council with details
the
May
2006
then deferred to staff member
Quarterly Capital Improvement update
Wastewater Treatment Plant Proiect
90
complete on schedule and within budget
Majority of project will be complete by end of May
safety improvements
Councilmember
Council
Page 26
City
that
expressed
City Manager
Higginbotham inquired
Meeting
his
approval
of the
attention to
Rice has demonstrated
as to
of June 20 2006
public
project paving specifics
Agenda
Item 4 C
Page
17
Mr
Delzeit indicated ingress will be paved treatment
and the areas adjacent to Blair field will remain gravel
Councilmember
Higginbotham
inquired
to the costs of
as
City Manger Rice
indicated the
Ray presented
projects as follows
status
will be
repaved
paving
graveled
the road behind Blair Field
City will approach the
contractor
to pave the road behind Blair Field and suggested that
might be induced to donate that work for the field
Mr
area
asked about road behind Blair Field
Mr Delzeit indicated the road would remain
Council
plant
report
with
accompanying
asking for
perhaps
a
price
the contractor
slides relative to individual
Slurry Seal Proiect
Construction is
complete
Slurry Seal
Retention of the
caused
Contractor is
being
withheld in response to
damages
by the contractor
Cypress Bridae Addie Street Promenade Proiect
Project
is
complete
Harbor View Water Line Proiect
Project
Project
is
complete
budget
over
Pismo Oaks Lift Station
Project design
is
complete
Consultant has been contracted to
Negotiated redesign
redesign
as
to
facility capacity
contract with contractor
Chumash Parkina Lot Proiect
is
complete
Design revised during
savings
Project
Negotiated
Council
Page 27
City
construction
reducing
base section
resulting
in substantial
small contract revisions
Meeting
of June 20 2006
Agenda
Item 4 C
Page
18
Ira Lease Park
Design 90 complete
Final design being review by
Funded
entirely by
staff
now
Grant funds
Police Station Emeraencv Generator
Due for
delivery
in June
Sewer Trestle Bridae Repairs
3 of 4
Staff
Staff
bridge trestles contracted for repairs
working on alternative to project
gathering feasibility data
Wilmar Stair Proiect
Designs complete
mid
August
Schedule to start at end of
summer
Traffic Sianal Override System
Delaying
installation of in vehicle devises
Re pavement of Corporate Yard
Delayed by
rain
anticipates completion
in late
May
Communication Systems Uparade
Police and
Engineering Staff in design and bidding stage
put together project bidding documents
Significant access issue delays have been resolved
Contract Consultant to
Promenade IV
Design underway
Grants in place additional grant requests have been made
Construction scheduled in October 2006
Dinosaur Caves Park Improvements
Construction
Underway
Local surveyor has donated his services
Council
Page 28
City
Meeting
of June 20 2006
Agenda
Item
4 C
Page
19
Item 6 B
General Fund Financial
Update Report May
16 2006
Edes
City Manger
Rice introduced the Item and asked Finance Director
make his
Update
Mr Edes
presented
George
Edes to
Presentation
a
financial
of General Fund Revenue and
update
Expenditure
data
PLEASE NOTE AGENDA ITEM 6 C WAS ADVANCED FOR PRESENTATION BY
MAYOR REISS AFTER COUNCIL MADE IT S CONSENT MOTION
ITEM 6 C WAS
HEARD A T THE TIME SCHEDULED FOR THE PUBLIC HEARING SECTION OF THE
CITY COUNCIL MEETING REGULARL Y HEARD AT 5 30 P M
Item 6 0
A Resolution of the
Pismo Creek
Routes for
City
Council of the
Recreational
Path
City of Pismo
Study Report that
Beach
Adopting
Identifies
Recreational Trail from the Mouth of Pismo Creek
a
Creek to the
City
to the North
Sphere
s
of Innuence
Boundary approximately
the
Potential
along
the
1 Y Miles
Bloom
City Manger Rice introduced the Item then asked Community Development
Director Randy Bloom to present his staff report
Mr Bloom turned the
briefing
of Council
over
to
project
consultant Joe Boud
Associates Mr Boud discussed an evaluation
Representing Joseph Boud
made by his firm collectively with FIRMA to develop conceptional trail design
alignments
County road alignments acquired through Oil Company properties
were evaluated as were Old Pismo Creek Road Bed and properties contained in
Price Canyon planning area including the King Ranch
Big Bird and PVP
These
evaluations
were
made
in
an
effort
to
discern
the most logical
properties
route as those properties were annexed andlor developed with which to capture a
trail
alignment
Recreation
concept
in
that would
Departments
run
ultimately
October of 2004 with
submitted to Council in
from the Beach to Edna
The Parks and
and the Beautification Commission reviewed this
January
recommendations and then
Mr Boud identified corrections
report
report was
to the report
the
Mr Boud presented Council with a copy of the expected alignment of the trail
from the General Plan running from the Beach to the Highway This in concept
shows
the
a
creek trail that follows
General
Plan
Mr
along
the
top
indicated
of the bank which
of June 20 2006
that
was
the intent of
acquisitions and
improvements made along that top of bank are in place and follow the top of the
bank
He asked Council to refer to specific privately owned properties adjacent
to the Creek noting that the trail is quite a distance from those properties and
that the bulk of the easement acquisition area would be on the neighboring
property owned by Pismo Coast Village Survey and environmental review would
Page 29
Boud
some
of
Agenda
Item 4 C
Page
20
be
required
improvement
Mr
before
the
precise
location
of the
easement
and
area
pathway
could be identified
Boud indicated the
Highway 101 would be a 25 foot
with 2 foot shoulders at a 10
grade mass
In response to comments made at Council session in January the firm looked at
properties on the South side of Highway 101 which Mr Boud identified for
easement within
Council
an
right of way
paved area
North of
8 foot
ownership status following the geographical line In an effort to be
compatible
possible with these properties Mr Boud indicated the trail would
be within a 25 foot easement but it would be a 4 foot wide surface graveled not
paved and would be limited to pedestrian only posted no bicycles animals or
as
to
as
vehicles
Mayor
Reiss asked for
public
comments
Relative to the portion of the trail adjacent to easements over private
property
along the top of the Pismo Creek bank Vaughn Koligian recommended language
be included in the Resolution to confirm that the easement and paths are
intended
to follow the
illustrated in the report
top
Mr
Mr
Boud
agreed
with
of creek
Mr
Reiss asked Mr
not
follow
property
lines
s
interpretation of the General Plan
adjusted to recognize this should Council
if such
Koligian
Koligian responded
and
Koligian
indicated the Resolution could be
it necessary
Mayor
bank
an
adjustment would satisfy
as
and
feel
his needs
in the affirmative and thanked Council
Councilmember Rabenaldt asked Mr
consideration relative to
a
Boud to explain what had been taken into
100 year flood and erosion and if this bluff would be
protected
Mr
Boud indicated this minimum
storm
situation and
improvement
could
disappear
in
an
intensive
high tidal surge in which case it would have to be
Mr
Boud
described the improvement as asphalt similar to the Bob
replaced
Jones Trail which has proven fairly secure and beautifully maintained even in
flood conditions occurring this past winter
Joe Crescione
or
owner
received notice from the
of
property abutting
City
as
the Creek
objected
to the intention of the Resolution
to not
having
He indicated
a
25 foot easement would render his
property un billable Mr Crescione expressed
that future elected Council will interpret this report in a different
fashion and that he will receive a demand for 25 feet of his property
his
concern
Mayor
Reiss asked Mr Boud to
Council
Page 30
City
Meeting
speak
to the
of June 20 2006
concern
expressed by
Mr Crescione
Agenda
Item 4 C
Page
21
Page 13 in the agenda packet that
entering the McDermott property
following
Boud cited the topography relative to Mr Crescione s property as the reason
the trail staying to the sidewalk prior to following along the top of the Creek
Mr Boud referred to Assessors
Mr
for
Map
Exhibits at
the sidewalk before
illustrate the trail
bank
Mr
Crescione
Attorneys
differently
voiced
Planning
his
He stated that
identified
as
to the
staff
Commission
will
etc
he wanted to
words
Councilmembers
that future
concern
be
City
interpret
description
positive that the description is
Boud said rather than
Mr
future
this
loose with
20 foot
a
easement
Mr
Boud
the removal of three paragraphs on Page 5 of the report
The
description of concern to the private property owners
suggested
eliminating
the
improvement would
recreational path
then
clearly
Mr Crescione asked that the
require
made
suggestion
Reiss indicated that Mr
Mayor
not
Boud
s
easement
by
for
Joe Boud be
suggested
completion
placed
on
revisions would be
of the
record
placed
on
the record
Bloom interjected offering and explanation as to why Mr Crescione had not
received notice relative to the Resolution at hand The address within the County
Mr
database reflects Mr Crescione
Mayor
Reiss gave
permission
prior
s
to Mr
address
Koligian
to
on
re
Spyglass
Drive
address Mr Boud
Vaughn Koligian asked for a confirmation of the context of the word or in the
description He stated that if it is not the edge of those lots or the Creek then it
needs to read with the priority being that it be along the Creek
not on the edge
or their property or along the Creek
Mr
Boud indicated that the
lines
are
located relative to
does not know where those back of property
of the bank or the toe of the bank of that Creek
City
top
survey is conducted and that 25 feet from the top of the bank has
been identified it could include and or exclude several of those lots
and that until
Mr
a
Boud made the statement that the
point
City
should leave its
options
open at this
in time
Koligian acknowledged Mr Boud s point however asked that the Council
state the priority of the route as adjacent to the Creek but not on the edge of the
He stated that the or is not correct in that
property or the line of the Creek
the plan calls for trail to follow that Y of the Creek
Mr
Mayor
Reiss asked Mr Boud to
suggest
a
remedy that
would solve Mr
Koligian
s
concerns
Page 31
of June 20 2006
Agenda
Item 4 C
Page
22
Mr
Boud referred to trail
suggested
alternative
design
standards contained within
the
and
report
verbiage
Marilee
Hyman asked relative to losing the Price Street Extension what efforts
have been made to ensure the resulting jog away from the Creek toward
Highway
101 overpass a lovely creek trail experience versus an urban experience
Mr
Boud set forth the trail along the Highway 101 right of way to Hinds Avenue
City street then cross Hinds Avenue On the North side of Highway 101 the
City owns a 15 foot wide right of way that would then drop down onto Oceanview
Avenue follow along to the steel
and follow then the Creek
at that
on a
bridge
Mr
point
underpass
have to go
Boud
acknowledged that because
no improvement would be made and
into urbanized setting
system
Highway 101 overpass
segment of the trail would
of the
that
MOTION 6 0
Motion
Councilmember
by
seconded
Higginbotham
by
Natoli to approve Resolution R 2006 030
Adopting
the Pismo Creek Recreational Path Study Report that Identifies
Potential Routes for a Recreational Trail from the Mouth of Pismo
Creek along the Creek to the City s Sphere of Influence
Councilmember
approximately
1
Miles to the North
Boundary
of the
city of Pismo Beach
inclusive of language revisions set forth by the City in response to
private property easement concerns This item was approved by roll
call vote
Item 6 E
Passed 5 0
AYES
Higginbotham
Mayor Reiss
NOES
None
ABSENT
None
A Resolution of the
Opposition
of Bill S
Natoli
City
Council of the
1955
Rice Natoli
Rabenaldt
City
Gonzales Gee
of Pismo Beach
and
Declaring
its
Rice introduced this Item and explained the impact of this Bill
the Health Insurance Marketplace Modernization and
Affordability Act
upon the rapidly growing number Americans with diabetes
Mr Rice stated that
should this Bill pass in the U S Senate as currently written it would take
away
States rights and would affect not only small business health
but the entire
City Manger
known
as
plans
regulated health insurance market including individual health insurance
policies and small group health plans
He stated that the Declaration of
State
Opposition
directed for the purpose of
1 An
accomplishing two ends
compassion to the 20 million American diabetics in an effort to
the diabetes coverage within their current health plans and 2 to fend off
was
extension of
protect
the imposition
of the Federal will
over
States
rights
to
regulate
insurance within
their State
City
Council
Page 32
Meeting
of June 20 2006
Agenda
Item
4 C
Page
23
Council member
pointing
Natoli
urged
the
out that almost every
need to oppose this
U S
citizen has
some
proposed legislation
family
member of their
afflicted with Diabetes
MOTION 6 E
Motion
by
Council member
Natoli
seconded
by Councilmember
Rabenaldt to approve Resolution
R 2006 032 authorizing the City
Council of the City of Pismo Beach Declaring its Opposition of Bill S
1955 This item was approved by roll call vote Passed 5 0
AYES
Natoli
and
I
Rabenaldt Gonzales Gee
Mayor
NOES
None
ABSENT
None
Higginbotham
Reiss
City Manager Rice addressed the acceptance of the bid from Lew
public outreach campaign supportive of the proposed Sales
Edwards for
Tax
a
Increase
measure
Is
City Attorney Fleishman informed Council as to the August 2 2006 extension of
the temporary restraining order preventing the release of videotape of Denny s
Restaurant
attorneys
He indicated that he would be meeting
shooting
18th
regarding a briefing schedule
May
with the
respective
on
Councilmember Rabenaldt asked for the exact
identity
of the
entity pursuing
the
lawsuit
Attorney
made
Fleishman indicated the decision
locally by
the Tribune
That
Attorney Fleishman expressed
the parties and the Court
Council
Page 33
City
Meeting
his
regarding
opinion
was
opinion
as
of June 20 2006
the lawsuit
based upon
to
anticipated
filing
appeared
to be
dates
actions
on
the
Agenda
part
of
Item 4 C
Page
24
19
COUNCIL SUBCOMMITTEE REPORTS
1
Area
2
3
Gonzales GeelHigginbotham
RabenaldUNatoli
4
5
6
Integrated
7
Mobile Home Rent Stabilization
8
SLO Council ofGovernments
9
10
Reiss
Zone 3 Advisory Committee
RabenaldtlNatoli
11
SLO
NatolilGonzales Gee
Agency on Aging
Waste
Visitors Bureau
Higginbotham
Gonzales
GeelHigginbotham
Management Authority JPA Natoli
Gonzales GeelNatoli
ReisslGonzales Gee alt
aIt
12
County Water Resources Advisory Committee
Higginbotham
13
SLO Air Pollution Controi District
Rabenaldt
15
Reiss
Natoli
Scenic Highway Committee
HigginbothamlNatoli alt
16
Community Improvement Group
17
18
Reiss
California Joint Powers Insurance Authority
Reiss Higginbotham
14
19
Gonzales
Gonzales GeelRabenaldt
GeeIHigginbotham
Councilmember Rabenaldt announced
May 18th at 6 30 p m
a
Zone 3
meeting
in Council Chambers
Councilmember Natoli announced his
Waste
Mayor
Management Authority
Reiss
reminded
with
acceptance as President of
Jerry Lenthall as Vice President
staff and
public
of Shell
Beach
the
on
Integrated
Elementary
School
fundraiser
110
There
111
were no
pulled
consent
agenda
items
ADJOURNMENT
There
being
no
further business
Mayor
Reiss
adjourned
at 8 08 p
m
ATTEST
Mary
Ann Reiss
Council
Page 34
City
Lori
Mayor
Meeting
of June 20 2006
Grigsby
CMC
City
Clerk
Agenda
Item
4 C
Page 25
MINUTES
City
of Pismo Beach
REGULAR
Cit
Council Meetin
Tuesday June 6 2006
4 30 p
m
CALL TO ORDER
The
City Council
4 36 p
with
in the
m
Mayor
of the
City of Pismo Beach met this date in a regular session at
Council Chambers 760 Mattie Road Pismo Beach California
City
presiding
Reiss
ROLL CALL
Present
Mayor
Reiss
Pro Tem
Mayor
Gonzales Gee
Council members
INVOCATION
Higginbotham
Reverend Bob Banker
11
Rabenaldt Natoli
Reverend Bob Banker
PRESENTATIONS
Item 1 A
Presentation to
Councilmember
Higginbotham
Dorrance to the Council
of the
scout
Higginbotham
Overlook
at
s
Eagle
final
She
project
described
Dinosaur
Scouts Mason London and Peter Dorrance
introduced
explained
within their
this
irrigation
Caves
Park
Scouts
Mason
London
and
that Pismo Beach had been the
Scouting
and
and
at the
project
the
recipient
Councilmember
program
planting
thanked
Peter
young
men
Wedding
for
their
contribution
Mayor Reiss presented
Troop 413 with plaques
Eagle
Scouts
Beach for
parents
allowing
Troop 489 and Peter Dorrance
accomplishments as Eagle Scouts
London and
them the
Peter Dorrance thanked the
opportunity
to
develop
the
project
City
from
of Pismo
thanked their
and Scoutmaster
Council
Page 35
City
Mason
Mason London from
for their
Meeting
of June 20 2006
Agenda
Item 4 C
Page
26
2
PUBLIC COMMENT PERIOD
members of the
At this time
public may
comment on any item NOT appearing on the agenda
be discussed
the
or
will
public
consideration
acted upon by the City Council at this time
For items appearing on the agenda
be invited to make comments at the time the item comes
up for Council
At all times please
use
the microphone
In response to your comments the Mayor or presiding Councilmember may
A Councilmember may state a desire to meet with you
It may be the desire of the Council to place
your issue or matter on a future Council
agenda
Please adhere to the following procedures when
addressing
Comments will be limited to 3 minutes
or
the Council
less
Your comments should be directed to the Council as a whole and
not directed to
individual Councilmembers
Slanderous
profane
or
personal remarks against any Councilmember
staff
or
member of the
audience shall not be oermitted
Bruce McFarlan made
shop purportedly
Kathryn
8 foot
Williams
complaint
by
requested
in the
walkway
a
owned
information
Brahama
Municipal
Mike Liebo
the
City
Spyglass
3
Sharma
outside the bike
regarding negotiations by
action
no
or
City for
an
or
direction with
regard
to such
a
closed session of Council
read
concerning
the
from Resolution R 03 83 and
the powers of the office of Mayor
then
reported on the Destination Imagination Team competitions
presented Council with pins from the teams
from
the
funded
by
and
Robert Kramb
I
D
Code
illegally parked bicycles
area
City Manager Rice stated that
walkway has been made in open
Dr
as to
spoke
to the
subject
of
City Planning
and
development
Mayor Reiss discussed the May 30 2006 workstudy conducted by the City
Planning Commission and City Council addressing mixed use projects in the
downtown
public
core area
She described the
for its involvement and
Council member Natoli asked
usage for
if the
workstudy
to the
City
as
Specific
has
a
successful and asked the
Plan for downtown
list of fees
charged
for
facility
Director
Randy
Bloom indicated
that
list would be
to Council
Council
Page 36
City
as
particular City parks
provided
input
Meeting
of June 20 2006
Agenda
Item
4 C
Page
27
with
resolving
the Councilmembers
spoke regarding
neighbors
involvement
issues among
spoke about downtown code
enforcement
Councilmember Rabenaldt invited the public to walk with him on the
He gave his home
day at 9 30 a m for exercise and conversation
805 773 4473 and invited calls
number
Councilmember
confirming
having graduated
walking
schedule
intern Sara Coustette with Parks
Higginbotham congratulated
and Recreation for
his
pier each
telephone
from Cal
Poly
last week with her
degree
in
Recreation
Councilmember
consider
Higginbotham asked
modifying the agenda to
Subcommittee
Mayor
fellow
Councilmembers
consolidate
Council
if
would
they
Comments
with
Reports
Pro Tem Gonzales Gee discussed
an
email received
proceedings at the Clam Digger Hotel as discussed
May 16 2006 Council meeting Mayor Pro Tem
the owners of this property were making an effort
the
regarding
at the Public
the eviction
Hearing during
Gonzales Gee indicated that
to locate
housing
for those
evicted tenants
Pro Tem Gonzales Gee asked the Council and Public to remember the
ultimate sacrifice made by so many men and women 60 years ago on June 6
0
1944 at the Allied invasion of the European Continent through Normandy
Mayor
Day
CONSENT AGENDA
4
All items on the
by
an
Consent Calendar are to be acted upon by
individual Councilmember for special consideration
acted upon
Section 10
Item 4 A
by
roll call vote
Per Resolution
Clerk s
Report
Council
on
of
agenda
June 2 2006
Waive
title
14
Posting
was
any
single
items Dulled
The
posted
readings
are
waived
Action
Page 37
action of the
City Council
unless otherwise
Otherwise the recommendation of staff will be
the
requested
accepted and
from the Consent Aaenda will be heard under
agenda
on
City
of the
regular
June 6
2006
City
Council Chamber bulletin board
Grigsby
Approved by
Action
Item 4 8
03
R
a
All
Readings
except by
Grigsby
Approved by
of June 20 2006
Agenda
Item 4 C
Page 28
Item 4 C
Minutes
of the
City Council Special Session Minutes
Session Minutes Year 2003
8 12 03
Closed
5 19 5 20 5 24 5 26 5 27 5 28 6 10
7
6 25 7
8 19 8 25 8 28 9 16 and 9 25 2003 Closed Session Minutes
Year 2004 2 30 1 20 and 4 6 2004 Closed Session Minutes Year 2005
4 5
5 26
6 15
6 9
8 28
2003
10 11
and
5 6
10 25 05
10 21 03 Workstudy
Minutes of 5 16 06 Grigsby
Action
this
Item 4 0
This item
Approval
of
and heard under Section 10 of
Payroll Register and Register of Demands
Approved by
Edes
Consideration of Easement Donation from the Pismo Pier Group to the
City for Construction of a Cul De Sac at the end of Main Street
Promenade 4
Delzeit
Action
Item 4 F
pulled
agenda
Action
Item 4 E
was
Session Minutes Year
Session Minutes 4 26 04 Regular
Workstudy
Approved by
Consideration of Easement Donation from the Moose Lodge to the City for
Construction of Cul De Sac at the end of Main Street Promenade 4
Delzeit
Action
Item 4 G
Approved by
A Resolution of the
City
Council
City Council of the City of Pismo
Meeting of July 4 2006 Grigsby Rice
Action
Approved
Resolution
Beach
R 2006 032
by
Canceling
the
roll call vote to
Consent Calendar
Item 4 H
A Resolution of the
City
13 500 from the Police
Council of the
City
Department Capital
of Pismo Beach Transferring
Account in the General Fund
to the Motor Vehicle Fund Vehicle Account for the
Video Cameras in Patrol Cars
Cortez
Action
Approved
Resolution
Replacement
R 2006 033
by
of Patrol
roll call vote to
Consent Calendar
Item
1
4
A Resolution of the City Council of the City of Pismo Beach to
Job Description for the Recreation Supervisor Position Garcia
Action
Approved
Resolution
R 2006 034
by
Approve
a
roll call vote to
Consent Calendar
City
Council
Page 38
Meeting
of June 20 2006
Agenda
Item 4 C
Page 29
CONSENT MOTION
Motion
Council member
by
Natoli
seconded
by
Councilmember
Rabenaldt
pulled
to approve the Consent Calendar with Item 4C being
and heard under Section 10 These items were approved by
roll call vote
Passed 5 0
AYES
Natoli
Mayor
NOES
None
ABSENT
None
At this time
the
City
5
Council
Council
adjourned
meeting at 5 32
PUBLIC HEARING
5 30
Rabenaldt
Gonzales Gee
to Closed Session at 5 08 p
p
8
9
m
and reconvened
m
pm
thereafter the hearing will be conducted
7
and
Reiss
6
Higginbotham
as
The
Mayor
will announce each item and
follows
City staff will present the staff report and recommendation on the proposal being heard
The Mayor will open the public hearing by first asking the project applicant appellant or
his her representative to present any points necessary for the Council as well as the
The Mayor will then ask other interested persons to come to the podium to present
The
Mayor
will invite the
applicant appellant
or
his her
respond to the public testimony If appropriate
10 The Mayor will then close the public hearing and
representative
back to the
podium
to
Item 5 A
Authorization
Dwelling
Councilmember
limit further discussion to the Council
Adopt an Ordinance making Changes to Secondary
Regulations Affects all residential Zones Bloom
to
Unit
Higginbotham
recused herself from this item due to conflict of
interest
Bloom gave a second reading of the
request by the Coastal Commission for a posted
for purposes of creating a parallel notification list
Director
Ordinance in
response to a
second Public
Hearing
Randy
Mayor Reiss opened the Public Hearing for anyone wishing
opposition to this ordinance The following citizens spoke
Barton Dennen gave his support of the
and thanked Council for its vote
Council
Page 39
City
Meeting
proposed
of June 20 2006
to
speak
in favor of
or
amendments to the Ordinance
Agenda
Item 4 C
Page
30
Rena Sheldon gave her support of the proposed amendments to the Ordinance
and asked for clarification with regard to the number of lots over 5 000 square
feet
Mr Bloom
explained
feet within
limits
City
his
Department s
research
lots
regarding
5 000 square
over
Mayor
Reiss closed the
Mayor
Reiss asked Council to consider raising the size of secondary
dwelling
lots over 5 000 square feet from 600 square feet to 850 square feet
units
public hearing
on
Councilmember
restrictive
Rabenaldt
enough
expressed his feeling that
support the suggestion
and refused to
this
of
Ordinance
the
raising
is not
area
size
of those units to 850 square feet
MOTION 5 A
Motion
by
by Councilmember
Ordinance 0 2006 06 to adopt Secondary Dwelling
Unit Regulations
and forward the Ordinance to the Coastal
Commission
Affects all residential Zones This item was approved
Natoli to
by
Item 5 B
adopt
roll call vote
Passed 4 0 1
AYES
NOES
Rabenaldt
ABSENT
Higginbotham
Public
their
Natoli Gonzales Gee and
Mayor
Reiss
None
Hearing allowing Property
Properties
as
Non
Owners to Protest the Declaration of
compliant for Weed and Rubbish Abatement
Lewin
Fire Marshall Robert Lewin gave the staff
needing abatement
Mayor Reiss opened
in opposition to this
Mayor
the Public
Ordinance
Reiss closed the
Page 40
Hearing
No
one
public hearing
report
noting
46 lots identified
for anyone wishing to
spoke to this item
speak
in favor of
as
or
and ask for comments from Council
of June 20 2006
Agenda
Item 4 C
Page
31
MOTION 5 B
Motion
Councilmember
by
Councilmember Natoli to declare
Weed and Rubbish
vote
Item 5 C
AYES
Higginbotham
Mayor Reiss
NOES
ABSENT
None
Delzeit
Conversion
compliant
approved by voice
Natoli
Rabenaldt
Gonzales Gee
and
Delzeit
Rice
introduced this resolution then asked
presented
Project
a
the staff
give
City Engineer
Public
report
background report as to an Underground
presented his staff report
Utility
District then
Delzeit advised Council that because of
E would begin work anywhere in the State
He further advised that PG
work until mid 2008 at the very earliest
Mr
by
for
None
Works Director Dennis Delzeit to
of 2007
was
seconded
non
A Resolution of the City Council of the City of Pismo Beach Approving
Rule 20A Underground Utility Conversion Project in the City of Pismo
City Manager
Mr
PG
abatement This item
as
Passed 5 0
Beach
Mr
Higginbotham
properties
Delzeit identified the first
an
on
ongoing lawsuit the earliest
Rule 20A would be in January
E would not be able to
providing
priority locations
begin engineering
this resolution is in
as
place
Price Street the Motel District
Area and Shell Beach Road from Spyglass to Seacliff Drive
He pointed out that
the Shell Beach Business District was not identified in the General Plan but
makes a lot of sense and suggested that the Council extend the location on Shell
Beach Road from
Councilmember
Amendment
then
indicated that this is
in
Reiss
opened
opposition to this
asked the
City Attorney about adding
General Plan
to the resolution
Fleishman
Amendment
Mayor
all the way to Dolliver
Higginbotham
verbiage
City Attorney
Plan
Spyglass
explained
have
being
the
done
the Public
Resolution
Page 41
that
ideally
resolution
as a
the
add
City
would go with the General
that specific language
He
matter of convenience to staff
Hearing for anyone wishing to speak in
The following citizens spoke
of June 20 2006
favor of
Agenda
or
Item 4 C
Page
32
David Jewell
Chairman of the Shell Beach
identified
Improvement Group SBIG
the
He reported
proposed under grounding project as the top priority of SBIG
parents and children at Shell Beach Elementary School are experiencing
difficulties walking on the sidewalk between Terrace Avenue and Vista del Mar
due to power poles in the middle of a narrow sidewalk Mr Jewell stated that this
that
is
a
safety
children
issue
are
particularly
on
when the trash is collected
Mondays
Mr Jewell noted that Shell Beach Road is
Highway
and
according
updated to reflect Scenic
grounding of utilities
Brian Kreowski
spoke
along
a
Highway
Policies that
as a
moving
statement
Pismo Beach Scenic
existing
give specific
behalf of the Shell Beach
on
Staff and Council for
Paul Schiro read
designated
to General Plans D 26 and D 28
be
City
in that the
forced out into the bike lane
ordinance shall
attention to under
Improvement Group thanking
this resolution forward
signed by
20 business
owners
conducting
Shell Beach Road between Vista del Mar and Cliff Drive
business
The statement
encourages the drafting of a Resolution by the City Council to access the credits
for under grounding utilities along the commercial business corridor on Shell
Beach Road
Mr
Schiro outlined the
under
grounding currently existing along Shell Beach
He pointed out that the area the City
has identified as the Spyglass Planning Area from Spyglass Drive to Seacliff
Drive has already been under grounded and could probably be eliminated from
Road from Cliff Avenue
Dolliver and Price
the Resolution
Rick Turton
commended
assistance with
creating
Public Works
City Engineer
the Resolution
He
pointed
Director
Delzeit for his
out that the area from
Shell Beach Road from Cliff to Vista del Mar is 18 blocks
long
an area
along
larger than
downtown Pismo Beach
Mayor
Mayor
Reiss closed the
public hearing
Pro Tern Gonzales Gee thanked Mr
conditions
pertinent
to
proposed
under
Schiro for
grounding along
Council member Rabenaldt confirmed Mr Jewell
s
assessment of the
in the middle of the sidewalk in front of Shell Beach
safety
researching
the current
Shell Beach Road
Elementary
utility poles
School
as
a
hazard
City Attorney
be sped up in
Fleishman indicated that the
response to that
Page 42
safety
City
would
inquire
if the process could
issue
of June 20 2006
Agenda
Item 4 C
Page
33
MOTION 5 C
Motion
by
Councilmember
Gonzales Gee to
Natoli
seconded
R
adopt Resolution
by Mayor Pro Tern
2006 035 Approving Rule 20A
Conversion
Underground Utility
Project in the City of Pismo Beach
inclusive of proposed revisions denoted in red ink This item was
approved by roll call vote Passed 5 0
AYES
Natoli
Gonzales Gee
Reiss
Mayor
Item 5 0
NOES
None
ABSENT
None
A Resolution of the
Planning
City
Rabenaldt
Higginbotham
Council of the
City of Pismo
Beach
and
upholding
a
Commission Action
Use Permit
Approving Project No 05 0086 Conditional
Development Permit Vesting Tentative Map No
Coastal
2751 for 690 Dolliver APN 005 131 036
Bloom
Council member Natoli recused himself due to a Conflict of Interest
Councilmember Higginbotham asked the
to any
members
City Attorney
if the
City
would be at risk
in the event
a complaint is filed because one or more council
litigation
had publicly spoken against this project on
February 14 2006
the
seemingly having prejudged
project
as
Attorney
there is
Fleishman indicated
a
risk of
anytime
litigation against
the
mayor may not increase the threat of
Council member Rabenaldt
he made at the
February
Mayor Reiss stated that it
Commission
FPPC has
merely
an
her
Commission
regarding
comments
meeting
understanding that the Fair Political Practices
to do with this that it would be considered
attorney
for the FPPC
preclude
her from
Council
Page 43
political
reform act and
issue of Constitutional Due Process
speaking
Meeting
disagreed
spoke
comments she made at the
She had been advised that
City
Planning
nothing
statement
prepared
a
Fleishman indicated that the FPPC enforces the
that this would be
Mayor
was
litigation
conflict of interest
Attorney
an
presented
14 2006
the Council approves or denies a project
City He stated that the public comment
February
holding
as a
with the
City Attorney
with her at
14
the
length
corresponded relative to
2006 Planning Commission meeting
office
citizen before the
of June 20 2006
She advised that
and
of Councilmember
Planning
does
not
Commission
Agenda
Item 4 C
Page 34
Attorney
Fleishman concurred that councilmembers do not
speak
Rights
opinions expressed
Amendment
Are the
sufficient to
to
cause someone
on
that
or
other matters
and is the
concerned
manner
as
give up their First
He raised the question
in which
they
expressed
question the
are
to those statements to
He stated the FPPC does not
impartiality of a quasi adjudicatory hearing
the
local
Court
regulate the quasi adjudicatory
system regulates the quasi
adjudicatory
Mayor Pro Tem Gonzales Gee
stepping down on the Item
Attorney
asked
Attorney
Fleishman to advise her
Fleishman indicated his review of the
did not lead him to believe
cause for such concern that she
by her at that meeting give
He
advised that he could not direct her to
step
decision needs to be made by each individual Councilmember
down
Councilmember
Mayor
Pro Tem
Higginbotham
to her
tape
that comments made
need
as
noted for the record her
Gonzales Gee recused herself from
step
down
that
concerns
this item due to
possible
Conflict of Interest
City Manager Rice
Development Director
Mr
introduced
Bloom to
the
give
the
Agenda Item
staff report
and
asked
Community
Bloom
presented background information pointing to one main appeal with
31 supportive appeals He identified the primary issues as being
1 insufficient
parking 2 the building being too large and too imposing for the site 3 the
building inappropriate for the location and 4 the imbalance in the ratio of
commercial to residential usage
Mr Bloom discussed State law relative to
density
bonuses
explained that the Council may not simply approve the new elevation
driveway approach at this meeting the project must go back to the Planning
Mr Bloom
and
Commission for those purposes
Councilmember
relative to
Higginbotham asked if the State
rounding up on density calculations
mandate
supersedes
local law
Mr Bloom indicated that all
density calculations resulting in fractional units shall
be rounded up to the next whole number and the granting of a density bonus
shall not interpreted in itself to require a General Plan Amendment
Councilmember
resolution in
Higginbotham noted the State law states
place to discuss the concession and bonuses
Page 44
of June 20 2006
the
City
shall have
Agenda
a
Item 4 C
Page
35
Mr
Bloom advised Council that staff is
define
the
rounding
concessions
or
up
considered
environmental review
rounding
adequate
currently working
down issue
and
In the void of not
those
having
on a
local ordinance to
That ordinance
concessions
will
identify
requiring further
the ordinance in
State law
place
prevails
City Attorney Fleishman explained that
in a situation where the State has
mandated cities to adopt an ordinance or a resolution and the City has not done
so
and then the situation defaults to State Law
What would happen in the
alternate is that cities could stonewall and not adopt an ordinance until sued
therefore
preventing
purpose of the
the
Councilmember
affordable
of concessions and
imposition
frustrating
the whole
legislation
Higginbotham
housing unit
asked how the
Mr Bloom indicated that the San Luis
City
can
determine the value of
Obispo Housing Authority
has
an
adjusted
local
County figure based upon 1 the size of the unit 2 who will purchase
unit for example a single person purchasing a one bedroom unit
3
s
income
and
4
how
much
the
unit
can
be
rented
for
qualifier
Councilmember
Rabenaldt
articulation in the
building
discussed
and
in
Reiss
opened
opposition to this
the Public
Resolution
bulk
remedy
disapprove
issues for which the Council could
Mayor
the
for
no
an
the
the
of the
building the lack of
sunlight asking if these are viable
a
project
Hearing for anyone wishing to speak
The following citizens spoke
in favor of
or
Effie McDermott stated that she and the other 35 Appellants did not
on this hearing
She requested that Council uphold her appeal
the project without prejudice sending it back to the Planning Commission
Appellant
receive
deny
with
a
notice
specific
instructions
the Council
concern
Ms
over
as
to how to handle those
McDermott described this
high
bulk loss
of the
conversion ofthe commercial
area
Ms
project
McDermott stated
1
the
appeal
small
areas
as
of
an
town feel
greatest
concern
to
embodiment of local
additional
traffic
and
to residential
is 87
residential
2
it
illegally grants two
misapplication of Senate Bill 435 3 it creates a
4
public health and safety issue by inadequate access to the property
will
and
5
the
loss
inadequate parking
negatively impact neighboring properties
bonus residential units under the
of the historical ambience and small town feel will affect everyone
Ms
McDermott addressed the calculation of
density in the C 1 Zone citing an
residential unit per 2 000 square feet of lot She indicated that
not primary residential uses are allowed
Citing City Code she
allowance of
one
secondary
defined Secondary
rear of C 1 buildings
as
in
apartments
conjunction
Page 45
as
with
secondary
a
permitted
of June 20 2006
uses
such
as
second floor
or
business
Agenda
Item
4 C
Page
36
Ms
McDermott indicated 690 Dolliver Street is
a
90
98 38
x
lot
consisting
of
8 854 2 square feet When divided by 2 000 the result is 4 43 which equals 4
units She indicated that Senate Bill 435 is clear in that it is applied to projects of
5
or more
as
units
such this
Under
project
City
ordinance
the
developers
are
entitled to 4 units and
must be denied because it has 6 units
Ms McDermott raised the issue of
pinching three driveways down to an ingress
and egress of one driveway to be shared by an unknown neighboring commercial
project thus adding to traffic while reducing access
Appellant
bonus
on
Don
a
Day spoke
advised him that in all
Mr
Use
Day
to Senate Bill 435
fractional increment
cases
in the
Senior
past
Section 65915G
planners
for the
as
A
use
City
to density
of Pismo Beach
it has been rounded down rather than up
cited Pismo Beach Code Section 17 006 0890
defined
referring
which is subordinate to
or
Definitions
auxiliary
Secondary
to that of a
principal
use
Mr
Day
summarized
by stating
his
concerns
about
inappropriate application of the rules and expressed
project would be doing the community a disservice
parking
pointing
to
an
his fear that approving this
He spoke in terms of the
costs associated with residential usage where those units do not bear a fair
portion of the burden that they put on the City in the way of demands for
services
Leonard
Ogden stated that the mixed use development concept is being abused
in this project and in the inappropriateness of touting the project as providing
low income or moderate house Mr Ogden suggested the community take a look
at the vision it has for Pismo Beach and expressed his feeling that if the Council
approves projects like this we will be putting a big blight on our City
Bob Dutra stated the
parking study is
completed
expressed his desire to
approving
project
keep the downtown area pristine stating that this project puts the whole town in
jeopardy in the precedent it would set and the lawsuits the City would make itself
He warned the Council to proceed with extreme care conduct further
open to
workstudies with the public and Planning Commission to develop a Specific Plan
before proceeding with this or other mixed use projects
Planning
before
Commission should wait until
this mixed
use
a
He
Planning Commissioner Mark Burnes noted he would not be speaking directly to
the project He wanted to clarify the fact that he is not the owner of the property
at 791 Price Street nor is he the owner of any other property within 500 feet of the
project Rather he rents a mailing address from Mail Plus located at that
address
He wanted to be clear that the handout provided at the meeting was in
error and that no conflict of interest exists in terms of his vote on this project
Page 46
of June 20
2006
Agenda
Item 4 C
Page 37
Mr Burnes stated that he would like the
software offered
the
by
Cal
Poly
City to take
the assistance
and would like to see the
as
well
as
project superimposed
the
over
area
City Manager
Price Street
Rice noted that
made
was
on
error
the
part
identifying Mr Burnes as the owner of 791
City staff and stated that error would be
of
corrected
City Attorney
property by
Fleishman set forth the FPPC regulations as to the ownership of
makers located within a SOD foot radius of a
subject
decision
In
light of the error made on the part of staff with respect to the post
office box mailing address at 791 Price Street utilized by Commissioner Mark
Burnes he stated the maps prepared by staff would be closely reviewed
property
City Manager
Rice
apologized
Rick Turton stated his
on
behalf of City staff to Mr Burnes for the
error
upholding the appeal in question He pointed to
Municipal
parking development in a commercial area Mr
Turton then presented data from CaliforniaCityFinance com as to a theoretical
comparison of annual costs and revenues from different development proposals
the
support
of
solutions to under
relative to residential
versus
retail
projects
He indicated the numbers show
an
11
negative in the residential area with retail numbers at 185
positive He
expressed his concern that the City views the project in terms of long term
investment and the revenue sources generated by commercial development
Art
the
Anthony asked the
subject property is
uphold this appeal He stressed the location of
appropriate for mixed use development being at a key
intersection on a busy one way street and State Highway 1
He suggested
attractive commercial stores would generate a considerable increase of in and
out traffic including delivery vehicles creating friction points at the access
He expressed his hopes that in all fairness to Mr Grant
egress driveway
experienced planners would soon make a recommendation as to a development
that would work
on
Council to
not
this
corner
Art
Anthony raised the question of individual councilmembers making
themselves personally vulnerable to litigation in the event they fail to recuse
themselves after having made statements within a public forum
Dr
Brahama D
his
concerns
Barton
Dennen
presentation
concerns
Sharma
encouraged Council to uphold the appeal
by appellants at this meeting of Council
made
that the
dangerous
suggested the Council uphold the appeal and
directly to the Planning Commission
indicated
would be addressed
project
in terms of
is out of character for the downtown
setting
Page 47
based upon the
then added his
a
precedent
for future
of June 20 2006
area
and is
development projects
Agenda
Item 4 C
Page
38
Tony Spinelli placed
entity
taxes
the burden of finding
a
solution for
he feels is here for the purpose of generating
Mr Spinelli stated that the City must fulfill an
and business
owners
within the downtown
area
upon the City an
revenues sales and bed
parking
obligation to the property
parking He suggested
over to private enterprise to
use on the ground floor
go
to furnish
that the two Main Street
parking lots be turned
allowing commercial
down one floor and up three floors
Any project coming before the City could
the
into
that
require
developer to pay
parking fund funneling monies through the
He expressed his concern that it was not
City to that private enterprise
feasible
for
the
to
economically
City
provide a parking structure within the next
that
of
15 years but
a group
private individuals might be able to accomplish what
the City cannot
develop
Lenny
a
parking
Grant
structure
architect
addressed the Council
project
for this
level
floors
is
pedestrian
He noted this
Mr Grant
site
a
are
in commercial
use
City
visitor
of the
owners
a
subject property
have
designed
the best
consistent with the General Plan
He stressed that the
commercial
serving
in that it exists
percentage
project is articulated
Spanish design will
the
project
is similar to
new
suggested
a
secondary
project
different individuals
owners
Commission
oriented
is
use
Paul Lauten that has less of
and that the
of three
Mr Grant stated that the
Planning
The residential
stated that the
one
subject property
staff and the
per City
this project
and
on
both at the
of
primary
at the ground
the second and third
project approved
of commercial
as
use
use
on
Hinds Street
than his
project
by
He
and at the upper levels
building further
corners
articulate the
consider balance in its
City planning
He noted that
currently developing approximately 120 000 square feet
projects and 90 000 square feet of residential use He pointed
to the fact that
City Staff and the Planning Commission have supported this
project during
development stage over the past two years He indicated that
this is not a large project it has a floor area ratio of 1 1 when taking the total
square footage of the residential and commercial and dividing it by the total
For a core commercial project 1 1 is not a large
square footage of the lot area
its
ratio
Mr
Grant stated that the need for affordable
project
and
was
not
ploy
a
on
affordable unit would be in
dictated upon
Mr
County
the
of the
housing
was a
part
developers
neighborhood of 250
sincere
goal
for this
Mr Grant indicated the
000 to
300 000 to be
median income
Grant stated that this
business
the
is not
largely unpopular with the residents and
a few hours of canvassing the downtown
City that within
approximately 30 signatures on a petition approving the
project During his canvas he received several requests to rent the commercial
He responded to those requests by offering second floor commercial
spaces
space that was refused in each instance reflecting the difficulty in making
second floor commercial space viable He stressed again that affordable housing
is needed and the second floor of this project addresses that need
core area
owners
of the
project
he secured
Page 48
of June 20 2006
Agenda
Item 4 C
Page 39
Mr Grant stated that the
and cited other local
Mr Grant
Staff
by
waiting
developer s
projects built by
pointed to the fact that
1 waiting for City to
for the
City Attorney
the
intention is to create
a
high quality project
their firms
owners
have
patiently cooperated
research affordable
to determine whether
with
City
2
housing requirements
or
not Senate Bill 435
was
applicable to their project even though the City did not have policy 3 waiting for
the City to discuss mixed use projects in its May 30 2006 workstudy
In each
instance his project was held up for months while in the meantime projects such
as
Paul Lauten
stated that
the
with less commercial space have been approved
When the City decided to not grant incentives such
s
1
He further
as
parking
decided to pay for them and 2 When the City asked the owners to
the
redesign
original art deco style project they met with neighbors and
the
redesigned
project around a Spanish theme
owners
Saro Rizzo
of the
subject property and attorney for the developers
appellants of the project appear to be 4 in number rather
in view of the vested rights of the property owners those 31
alongside these 4 individuals should have shown the courtesy
an owner
noted that the actual
than 35 and that
people
who filed
to appear at the
Mr
by
to hear the
meeting
Rizzo stated that the
the
appellants
deference to the
City
appeal
staff has
at this
meeting
professionalism of its
addressed every argument made
hoped Council would show some
already
and that he
own
staff
Mr Rizzo asked Council to consider the issue of affordable housing and if it
intended to put a moratorium on the downtown area until a Specific Plan could be
developed
Mr
Rizzo indicated that this
Commission to sign off on the
and entrance issues
Mr
the
has to be returned to the Planning
the architecture height elevation issues
He noted that this is not
staff will still be
uphold
project
style of
with the
an
working
developers
appeal is not eminent at this meeting
Rizzo discussed the In Lieu
been
charged
were
only
to
only
one
on
Parking
several thousand dollars
raised the fee to
Fees
individual in the
35 000 the
owners
approved project as of today
project and that the need to
this
He stated that these fees have
years and that those fees
He indicated that despite the City having
of this
past eight
project
are
still
willing
to contribute
to this fund
Mr Rizzo recommended Council turn down the
Council
Page 49
City
Meeting
of June 20 2006
appeal
Agenda Item
4 C
Page
40
Scott
Shell
engineer employed by
an
stated that his firm has submitted
Associated
Transportation Engineers
letter to Council with an analysis of the traffic
issues surrounding this project In direct response to one of the appeal items
Mr Shell stated that the firm s analysis of the conversion of the currently
a
existing
restaurant
generated by a mixed use project indicated
no generation of traffic in backs downtown
The analysis showed that in certain
combination of usage there actually might be less traffic generation at the site
with the mixed use concept He stated his firm concurred with the findings of the
Staff Report
as
Sherry Bryant
use
of Brad
owner
in the downtown
terms of
with traffic
compared
area on
garbage pick
Restaurant
expressed
her
the basis that residential
use
s
prejudice
and send it back to the
concern
She
Don
Day
suggested
submit
impacts
Planning
the Council direct
same
the
uphold
to mixed
commercial in
up etc then asked Council to not approve the
Effie McDermott asked the Council to
findings and
concerns as
project
appeal deny the project without
specifying the areas of
Commission
staff to prepare a Resolution and
Agenda at next Council Meeting
City
under the Consent
stated that the Hinds
City erred
expressed
project should have been appealed and that
allowing that project to be approved and used as a precedent
his opinion that approval of a project by City staff does not make
decision to allow
a
project
a
correct decision and that he felt
City
He
the
staff has made
application of Senate Bill 435 He took exception to Mr
Rizzo s statements as to the specificity of comments made by the Appellants
Mr Day indicated the project must reduce the amount of residential usage and
an
honest
the
in
error
in the
increase the commercial usage in order to make the continued
community financially viable
Bob Dutra
responded to Mr Rizzo
attending the meeting indicating
publicly at Council Meetings
s
statement relative to other
that
most
success
of this
Appellants not
to speak
individuals do not like
Leonard
Ogdon responded to Mr Rizzo s statement regarding the specificity of
by the Appellants stating that specific rules and regulations
have amply been set forth by the Appellants
He indicated that it is important for
citizens to express non technical opinions as well by telling the Council how
they
want their City to appear
He stated that he does not want his City to look this
comments made
way
Mayor
Mr
Reiss closed the
public hearing
Bloom reiterated that the
back to the
Planning
and ask for comments from Council
elevation and traffic issues have to go
With respect to density he stated that staff
proposed
Commission
did take the advise of the State and rounded up
traditionally round down on the number of units
Page 50
of June 20 2006
despite
the
practice
of the
Agenda
City to
Item 4 C
Page
41
Mr Bloom asked the Council to
give
the
Applicant to
appeal process
the necessary direction to staff the
should it
Applicant
keep the project
Commission and the
after the
active
deny
the
He noted
Commission
Planning
Planning
project which would enable
the opportunity for a second
has reviewed
the
proposed
elevation and traffic issues
Mayor
Reiss asked Mr Bloom to
Mr Bloom indicated that the
given
opportunity
the
to
explain
the denial of
a
project
without
prejudice
would remain active and the developers
Council s concerns and resubmit their
application
address
application
Reiss asked the City Attorney to advise Council
application of Senate Bill 435 to this project
Mayor
the
City Attorney
as
to his determination of
Dave Fleishman indicated that he had not been asked to examine
specific calculations
Commission requested
the
relative to this
his
opinion
He stated that the
project
to whether
as
not
or
the
Planning
concessions
In other words if the City does not
of Senate Bill 435 would apply
Ordinance in place would the concessions provisions apply
provisions
have
an
Mayor
Reiss asked for clarification
provisions allowing
for additional
the
regarding
units if those
application
units
of the concession
represented
affordable
housing
Fleishman stated that the concessions are different from the density
He explained that concessions can
bonus and are set out in different Sections
setbacks
described
as
issues
such
as
or
be
height variances and that the density
Attorney
bonus
provisions
Attorney
are a
separate
issue from the concessions issue
Fleishman indicated that the
has
City
density
bonus ordinances in
place
but does not have concessions ordinances
Mayor
Reiss asked Council for its
Councilmember
Higginbotham requested
relative to calculations
questions
questions
are
a
and comments
clear determination
to be resolved
submit written clarification from the State
the Planning Commission
as to
to how the
as
She asked for
City
staff to
this issue to both the Council and
Higginbotham stated the Applicant must demonstrate the
She expressed her desire for the City to
subterranean parking
Councilmember
of
feasibility
attain the visual
to
respect
Pomeroy
ability
ingress and
Street
Council
Page 51
City
to view these projects
egress and asked the
She shared her
Meeting
concerns as
of June 20 2006
She indicated her
to pursue
Applicant
parking
concern
with
ingress
from
to under
Agenda
Item 4 C
Page
42
Councilmember
Higginbotham
acknowledging
acknowledging
the
Councilmember
Higginbotham
the
cooperation
importance of
extended
of
the
her
Applicant
empathy
while
to
at
Mr
the
Grant
time
the collaborative efforts of the City and its
citizens to make determinations with respect to
proposed developments
be reviewed and the
project
same
recommended that the building height and parking
be sent back to the Planning Commission without
prejudice
Councilmember Rabenaldt assured the Applicant that the
objections
project
are
not
to this
under any circumstances
He stated a
with the Planning Commission
through weekly
personal
Specific Plan
must be developed
meetings He
disagreed with the Mayor s statement that the May 30 2006 workstudy was a
success stating that nothing was
accomplished and that the workstudy itself was
ridiculous
Councilmember
Rabenaldt stated that he would uphold the
appeal without
He
indicated
that until a Specific Plan is in place he would like to see
prejudice
no adoption of this project through the
Planning Commission He stated the
parking study is merely one of many other issues that need to be discussed and
that the City should not wait for that
parking study to be completed before it
moves on
developing the Specific Plan
Reiss expressed her desire to retain the affordable
housing in the project
She felt that subterranean parking is another reason to send the
project back to
the Planning Commission without prejudice
Mayor
Councilmember Rabenaldt stated that City Staff and the
Planning Commission
needs clear direction from the Council and reiterated the need for a
Specific Plan
Mr Bloom stated that his staff was prepared to submit a resolution with
items and those additional items could be added by Council
upon review
specific
Attorney Fleishman
adjudicatory hearing
reminded Council that this meeting serves as a
quasi
and that it needs to make a ruling with regard to the
project
The Council may send the project back to the
Planning Commission with
direction
He indicated however if that direction is inclusive of the
Commission not
downtown
to
of
bring
a
area
considering
without
a
that issue back
further
Planning
projects
either
on
this
property
Specific Plan his recommendation would
separately at a future Council meeting for
or
in the
be for Council
consideration
Moratorium Ordinance
City
Council
Page 52
Meeting
of June 20 2006
Agenda
Item
4 C
Page
43
MOTION 5 0
Motion
Councilmember Rabenaldt seconded by Councilmember
Higginbotham to direct City Staff to submit a Resolution at next
Council Meeting setting forth the findings necessary for upholding
the
16
by
This item
appeal
was
approved by
AYES
NOES
Rabenaldt
ABSENT
Gonzales Gee Natoli
Higginbotham
roll call vote
and
Mayor
Passed 3 0 2
Reiss
None
BUSINESS ITEMS
Item 6 A
Fire
Department Quarterly Report
Harkness
Rice introduced this Item
explaining he has requested Battalion
Chief Mike Harkness to focus on three particular areas
1 The status of the Paid
Call and Reserve Firefighter Programs
2 Lifeguards and Junior Lifeguards and
3 training within those programs
City Manager
Chief Harkness made his
late April He indicated 8
passing
both the
presentation
new
relative to
firefighters
were
firefighter testing performed
in
hired with another 4 individuals
and interview process and placed on a six month
potential hiring list This hiring puts the Department at 17 Reserve Firefighters
Using a slide presentation Chief Harkness detailed the many training programs
physical
recently completed
reserve
Chief
currently underway
and
upcoming
for agency full time and
staff
Harkness
replacement
made
and
his
budgeting
presentation
within the
specific
Lifeguard and
to
staffing
Junior
training
tower
Lifeguard Programs
Chief Harkness added an Information Item relative to the Bombaros Project in La
Paz Mexico He informed Council as to the adoption of the Todos Santos region
by San Luis Obispo County Firefighting agencies Chief Harkness indicated that
a
fire truck donated
by
the
weeks to Todos Santos
and uniforms donated
other
City of San
individuals
Obispo
heading
down in two
hose
safety gear
donated
gear
by
He described the dedication of the Todos
and thanked the Council for its
the Bombaros Program
firefighters
through
would be
carrying with it the breathing apparatus
by the City of Pismo Beach as well as
agencies throughout the County
Santos volunteer
Luis
support
of those
Chief Harkness added
an Information
Item relative to a Federal grant in the
of
75
000
amount
which has been used to purchase an emergency generator for
the Shell Beach Fire Station and one for the Pismo Station a
safety equipment
decontamination unit for the Shell Beach Station and two solar powered traffic
calming signals
Council
Page 53
City
for the Shell Beach Fire Station
Meeting
of June 20 2006
Agenda
Item 4 C
Page 44
Councilmember
money
was
owned
by
CDF
Chief Harkness stated the
17
asked if the
Higginbotham
by
or
City
the
equipment purchased
with this
grant
City
of Pismo Beach owned the
equipment
City Manager
Rice
passing through
the
his
gave
City on
relative to the
report
annual
AIDS
Life
Cyclists
being expected from
posted Southbound on
June 7 2006 the heaviest traffic
to 3 p m He indicated
Dolliver to accommodate the
No
noon
Parking signs
would be
cyclists
Mr Rice stated that he and Police Chief Joe Cortez have commenced briefings on
the proposed
Cent Sales Tax Measure for the upcoming ballot to local citizens
Three mobile home
to date and the response has been
Mr Rice indicated many other briefings are scheduled and
largely positive
stated that the Council would be kept apprised of the responses received
Councilmember
parks
have
participated
Rabenaldt stated his
support of a 2 3rd vote over a simple
vote and further stated that he is not supportive of a sunset clause
He
elaborated as to long term capital improvements through bonding issues the City
majority
might accomplish if the funds
options are being offered to the
Mr
Rice
responded
citizens
during
expire
this
He asked Mr
briefing
Rice if all
process
affirmative
City Attorney
Fleishman
dismissal from
Fleishman
the
Attorney
Fleishman
Councilmembers
reported that on June 5 2006 he received a request for
Newspaper on the Denny s litigation
Attorney
Terry Bridges the attorney for Denny s who indicated their
Tribune
spoke with
expedite
inclination to
a
Council
Page 54
final decision
offered
this
to
address
Meeting
questions of a
meeting
meeting
section of the
during
report
inquiries prior to the
communicate their
City
the
not due to
indicating that citizens have actively
inquired as to these options asking very pertinent questions He advised him
that participants of these briefings are given survey forms asking them to list
their various priorities and that that information would be consolidated and
submitted to the Council in July
Mr Rice indicated that at the second council
meeting in July the Council would be given the same briefing along with the feed
back from the public received during the intervening six weeks
Is
in
are
of June 20 2006
legal
should
nature
they
Agenda
from
care
Item
to
4 C
Page 45
19
SUBCOMMITTEE REF ORTS
COUNCIL
20
Area Agency on Aging
Natoli Gonzales Gee
Gonzales Gee
21
22
Higginbotham
RabenaldUNatoli
Visitors Bureau
Higginbotham
23
24
Integrated Waste Management Authority JPA Natoli
25
26
Mobile Home Rent Stabilization
27
SLO Council of Governments
Gonzales Gee Natoli
Reiss Gonzales Gee a It
28
29
Zone 3 Advisory Committee RabenaldUNatoli a It
SLO County Water Resources Advisory Committee
30
31
Reiss
32
SLO Air Pollution Control District
33
Scenic
Rabenaldt
Higginbotham
Reiss
35
Highway Committee Natoli
Higginbotham Natoli alt
Community Improvement Group Gonzales Gee Rabenaldt
36
34
California Joint Powers Insurance Authority
Reiss
Reiss Higginbotham
37
38
Councilmember
Rabenaldt
reported that he has not been able to attend the
Vitality Corporation meetings He indicated he had received a call from
Manchak on June 5
2006 expressing concern over Councilmember
Economic
Mike
Rabenaldt s
lack of attendance
coordinate the
appointment
The Councilmember
asked
Mayor
Reiss
to
of another member of Council in his stead
Councilmember Rabenaldt stated that at his
would be
the
the issue of
placing
Specific Plan is developed
request City Manager Kevin Rice
moratorium
in the downtown core until
building
on the Council s next agenda
a
Councilmember
Youth
Higginbotham reported
Authority meeting
Reporting
her attendance at the South
County
Visitors Bureau Council member
announced
the
s
State
Higginbotham
approval of Pismo Beach as a California
Welcome Center She reported that three signs would be placed on Highway 101
Northbound as well as three signs on the Southbound 101 directing visitors into
Pismo Beach Councilmember Higginbotham announced the newly designed
on
the Pismo Beach Conference
Rack Card for
advertising
Councilmember Natoli announced an urgent telephone meeting of the Board of
Directors of the League of California Cities on June 12 2006 relative to the critical
Telecommunications Item before the State
Page
55
of June 20
2006
Agenda
Item 4 C
Page 46
110
Item 4 C
Minutes
of the
City
Council
Session Minutes Year 2003
6 25
7 7
5 26
2003
5 6
Minutes
8 12 03
1 20 and 4 6 2004 Closed Session Minutes Year 2005
10 11 and 10 25 05 Workstudy Session Minutes Year
6 15
8 28 10 21 03 Workstudy Session Minutes 4 26 04
Minutes of 5 16 06 Grigsby
Councilmember
Closed
5 19 5 20 5 24 5 26 5 27 5 28 6 10
8 19 8 25 8 28 9 16 and 9 25 2003 Closed Session Minutes
Year 2004 2 30
4 5
Session
Special
69
Natoli
requested
more
time
to review the
minutes
Regular
to
prior
approval
City Manager
Rice asked if the Council would be
willing
to submit revisions to his
office upon their review of these minutes
Mayor
Pro Tem
former
Mayor Joe Crescione to review these minutes
Gonzales Gee
Mayor
Pro
Tem
Rabenaldt
presentations
minutes for
Mayor Reiss noted that the
been completed and asked
minutes for
Clerk Lori
signature
Grigsby
on
a
few
as
Ms
noted that
Grigsby
on
of
October 21
only and indicated that the recording
request of Council member Rabenaldt
to
DVD video
using
have not
be submitted for
to correction in
She further indicated that
within this group of minutes consisted of action
session minutes reported no action
approach
minutes
lengthy meetings
completion they
addressed Council
these minutes
more
Office
s
of councilmembers
inquired as to the possibility
meetings and introduce action
that upon
with minutes indicated above
Reiss
City Manager
questioned the ability
meetings they did not attend
Councilmember
City
the
Gonzales Gee
approve minutes for
as
suggested
of
titling
only
yet
approval
two
Mayor
meetings
the remainder of the closed
2003 Council
media is in
approved action minutes
place to accommodate the
She deferred to
City Attorney
Fleishman
for comment
City Attorney Fleishman indicated the only drawback he could identify would be
the speed in which information could be accessed vis a vis indexing on the DVD
as to specific agenda items
Ms
Grigsby
Mayor
indicated that DVD could be indexed in such
Reiss stated her
Page 56
preference
a manner
of written minutes
of June 20
2006
Agenda
Item
4 C
Page
47
Mayor
s
suggested
action minutes
might
be sufficient for the
purposes
City Manager
Rice
suggested
his office submit that
proposed
solution
along
with
other options for Council decision relative to the preparation of future minutes
In the meantime
he indicated the Clerk s office would be completing and
incorporating
the last two
workstudy
sessions and will
Mr Rice stated that this situation would not
Ms
Grigsby apologized
timely fashion
Mayor
the
opportunity
to Council for the failure to
to attend the
meeting
Rice assured her that the former
There
for
approval
complete
those minutes in
give
the former
at which these minutes would be
a
Mayor
approved
objections
with the minutes in advance of that
111
present them
in the future
Pro Tern Gonzales Gee stated that she would like to
in the event he has
Mr
occur
Mayor
meeting
Joe Crescione would be
and be
specifically
presented
invited to attend
ADJOURNMENT
being
no
further business
Mayor
Reiss
adjourned
the
meeting
at 8 36 p
m
ATTEST
Mary
Ann Reiss
Lori
Mayor
Page 57
of June 20 2006
Grigsby
CMC
City
Clerk
Agenda
Item 4 C
Page
48
MINUTES
Cit
City of Pismo Beach
Council Closed Session Meetin
Tuesday
The
June 6 2006
5 10 p
m
Council of the
City
City of Pismo Beach met this date in a closed session at
10
5
in the City Council Chambers 760 Mattie Road
Pismo Beach
p m
California with Mayor Reiss presiding
CALL TO ORDER
Mayor
Reiss
ROLL CALL
Present
Reiss
Mayor
Mayor
Pro Tem
Gonzales Gee
I
Councilmembers
Natoli Rabenaldt
Higginbotham
PUBLIC COMMENTS
Mayor Reiss asked for public
spoke at this time
comments
specific
to the below listed items
No
I
one
AGENDA ITEM S
Item 1
CONFERENCE WITH REAL PROPERTY NEGOTIATIONS
GOVERNMENT CODE SECTION 54956 8
Property
Agency Negotiator
Negotiating parties
Under Negotiation
Book 005
Kevin
Page 271 Parcel
Rice City Manager
06
Southern Pacific
Price terms of
It is noted that the contents of closed session
payment
meetings
are
or
both
confidential and
exempt
from disclosure
Mayor
Reiss announced there
Page 58
was no
reportable
of June 20 2006
action
Agenda
Item 4 C
Page
49
I
ADJOURNMENT
There
being
no
further business
Mayor
Reiss
adjourned
at 5 30 p
m
ATTEST
Mary Ann
Reiss
Lori
Mayor
Page 59
of June 20 2006
Grigsby
CMC
City Clerk
Agenda
Item 4 C
Page
50
SUBJECT TITLE
APPROVAL OF PAYROLL REGISTER AND REGISTER OF DEMANDS
RECOMMENDATION
Approval by
EXECUTIVE SUMMARY
Attached
are
the
Summary
of
Payroll Register for
6 2 06 and
Register
of Demands for 6 2 06
and 6 9 06
FISCAL IMPACT
As
designated
OPTIONS
Approve
summary of
Payroll
and
Register
of Demands
ATTACHMENTS
1
2
Payroll Summary
Register of Demands
Prepared by
George
Edes
Meeting
Date
June 20 2006
Administrative Services Director
A1
Agenda Item
4 0
Page
Page 60
of June 20 2006
1
SUMMARY
PAYROLL REGISTER
FOR PERIOD ENDING
OS 28 06
CHECKS DATED
06 02 06
PAYROLL CHECKS AND DIRECT
DEPOSIT TRANSACTIONS
48615
A012996
48631
A013091
EARNINGS
REGULAR
197 892 69
HOLIDAY
2 709 91
OVERTIME
Admin
10
Finance
P D
0 00
6 947 83
0 00
Pub Works
298 05
Water
Sewer
Subtotal Overtime
46
688
2 300 07
10
41
234
SALARY ADJUSTMENTS
43
80
3rd PARTY SICK PAY
0 00
Retroactive
0 00
Pay
41
234
43
80
CompNac Time Payout
TRAINING I UNIFORM ALLOWANCE
126 75
OTHER EARNINGS
775 00
211 819 19
LESS AUTHORIZED PAYROLL
DEDUCTIONS
FEDERAL WITHHOLDING TAX
22 376 31
FICA
15 840 23
STATE INCOME TAX
6 556 75
STATE DISABILITY INSURANCE
1 616 83
ADJUSTMENTS
1 344 17
HEALTH
5 969 09
Agenda
Item 4 0
Page
Page 61
of June 20 2006
2
PEBT HEALTH INSURANCE
1 163 03
SUPPLEMENTAL DISABILITY
1 076 83
SECTION 125
592 33
PERS
6 768 02
DEFERRED COMPENSATION
4 376 84
UNION DUES
447
1
PISMO ATHLETIC CLUB
420 00
3rd PARTY SICK PAY
50
0 00
OTHER
31 76
NET PAYROLL
142 239 50
DIRECT DEPOSIT DEDUCTION
127 551 05
NET PAYROLLAFTERACH
14 688 45
DEPOSIT
Agenda
Item 4 D
Page
Page 62
of June 20 2006
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tV
UD
SUBJECT TITLE
NOTICE OF COMPLETION FOR THE CHUMASH PARK PAVING PROJECT
RECOMMENDATION
By
motion
authorize the
City Manager
Paving Project
to approve and record the Notice of
Completion
EXECUTIVE SUMMARY
The final
details for the
accordance with the
Chumash
Park
plans specifications
Paving Project
have been
and contract documents
It is
completed in
appropriate
now
to approve and record the Notice of Completion which releases the contractor s R
Burke Corporation final 10
payment retention if no liens are filed within the required
35
day noticing period
and
begins
the twelve month maintenance
period
FISCAL IMPACT
There is
no
immediate fiscal
improvements
will
impact
small
require
However
incremental
the
long
parking
lot and sidewalk
term maintenance costs
OPTIONS
Since the Contractor has
completed
his contractual
recommended is to approve the Notice of
obligations
Completion
the
only option
ATTACHMENTS
Notice of
Completion
Prepared by Greg Ray Associate City Engineer
Approved by Dennis Delzeit City Engineer Public
Meeting
Works Director
Date
June 20 2006
Date
June 15 2006
JA
Agenda
Item
4 E
Page
City
Council
67
Page
Meeting
of June 20 2006
1
RECORDING REQUESTED BY
WHEN RECORDED RETURN TO
CITY CLERK
CITY OF PISMO BEACH
760 MATTIE ROAD
PISMO BEACH CA 93449
NO TRANSFERORS
NOTICE OF COMPLETION AND ACCEPTANCE
FOR THE CHUMASH PARK PAVING PROJECT
NOTICE IS HEREBY GIVEN
Obispo
1
State of California
That
on
the
completed
2
That the
City
3
20th
and
of June 2006 the
accepted by
description
of said
That the
name
Beach
That the
name
957 San Luis
The
of Pismo Beach in the
the
City
project
project
County
hereunder described
Council of the
of San Luis
City
was
considered
of Pismo Beach
is the Chumash Park
of the
political
subdivision
in the
County
of San Luis
address is 760 Mattie Road
5
City
Paving Project
for the
of Pismo Beach
Pismo
4
the
by
follows
as
name
Company
controlling said project is the City of
Obispo State of California whose
Pismo Beach CA 93449
of the contractor on said
CA 93406
project
is R Burke
Corporation
P O
Box
Obispo
of the
Surety
on
the
project
is Travelers
Casualty
and
Surety
of America Hartford CN 06183 9062
Date
Kevin Rice
City Manager
Attest
Lori
Grigsby City Clerk
Agenda
Item 4 E
Page
Page 68
of June 20 2006
2
JURAT
State of California
County
of
Subscribed and
this
sworn
to
or
affirmed
before
me on
day of
20
by
Personally
known to
me or
Evidence to be the person
seal
proved
s
who
to
me on
appeared
the basis of
before
satisfactory
me
Signature
Agenda Item
4 E
Page
Council
Page 69
City
Meeting
of June 20 2006
3
SUBJECT I TITLE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH ALLOCATING
18 323 FROM THE DINOSAUR CAVES PRESERVATION SOCIETY DONATION TO BID
ALTERNATES
5 AND 6 OF THE
DINOSAUR
CAVES
PARK PHASE
5
TRAILS
AND
IRRIGATION PROJECT
RECOMMENDATION
By
motion
Caves
resolution
this
authorize staff to award bid alternates 5 and 6 for construction of the Dinosaur
Park Phase 5 Trails and
allocating
Irrigation Project
to Stratton
Construction and approve a
Society Donation to
18 323 from the Dinosaur Caves Park Preservation
project
EXECUTIVE SUMMARY
April 4th 2006 Council awarded the contract for
Irrigation project to Stratton Construction in the amount
On
budget
the Dinosaur Caves Park Trails and
of
49 777
did not allow for award of bid alternates 5 and 6 which
of the two
granite paths
located
near
the northwest
award the Dinosaur Caves Preservation
Society
corner
DCPS
Unfortunately
were
of the
provided
a
the
project
alternates for construction
The week following
donation to the City in the
park
amount of
18 323 to allow for construction of the bid alternates
In order to complete the bid
alternates and use the donated funds Council must approve the award and the attached
Resolution
FISCAL IMPACT
Total
project
costs are estimated as follows
Design
Inspection
City Supplied
3 900
2 500
Materials
Construction
ContinQencv 10
Estimated
4 977
Project
Cost
Bid Alternates 5 and 6
Revised
Project
300
49 770
Cost
61 147
18 323
470
79
Original Budget
60 917
DCPS Donation
18 323
Agenda
Item 4 F
Page
City
Council
70
Page
Meeting
of June 20 2006
1
Total
Budget
79 240
Completion of this project will allow for completion of two major
amphitheater project and the turf and turf irrigation project
donor funded
projects
the
OPTIONS
1
Authorize award of bid alternates 5 and 6 and approve
of DCPS donated funds to the project
2
Do not authorize the award and allocation
a
Resolution to allocate
18 323
ATTACHMENTS
1
2
Bid from Stratton Construction
Resolution
Prepared by
Approved by
Associate Civil Engineer
Meeting Date
Dennis Delzeit City Engineer Director of Public Works
Greg Ray
June 20 2006
June 15 2006
Aj
Agenda
Item
4 F
Page
Page 71
of June 20 2006
2
BID SCHEDULE
DINOSAUR CAVES PARK
I
ITEM
DESCRIPTION
QUANTITY
l
WOOD HEADER
797
2
CONCRETE MOW CURB 16
CONCRETE MOW CURB 4
1079
3
STABILIZED
D G PATH
CONCRETE PAVING
350
6
7
IRRIGATION
1
5
I
151
1790
D G PATH
4
I
PHASE 5 TRAILS AND IRRIGATION
802
TOTAL
UNIT
7
II
p
6
12
1a
15
00
y
LF
wj
Il fLF
1
0
b
l
74
SF
2Q
ISF
0
1t
liOZO
SF
w
qc
oO
Cc
LS
4tl
TOTAL BASE BID PRICE
I
BID ALTERNATE 1
STABILIZED DG PATH
substitute for concrete poth
I
60
MOW CURB 6
208
WOOD HEADER
I
802
BID ALTERNATE 2
INSTALL WOOD BENCHES
BID ALTERNATE 3
CONCRETE MOW CURB 6
I
3
SF
Ill 4
U
LF
1i 60
ZAy
LF
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bcoi
rw
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ill
I
BID ALTERNATE 5
DG PATH SOUTH
784
SOUTH
MOW CURB 6
WOOD HEADER
BID ALTERNATE 6
I
DG PATH
I
NORTH
MOW CURB 6
I
NORTH
IV
315
263
tz
106
WOOD HEADER
BID ALTERNATE 7
105
STABILIZED DG PATH
2837
add to unstabilized
g
r
6 cu
312
7
paths
bZTZ
t SF
cc
4
LF
o
10
LF
l
1l
7
1
ClXi
LF
l1 QJ
lO
g
I
F
BID ALTERNATE 4
200
11
11 Q
126
CONCRETE MOW CURB 6
I
1
ero
h
i
0
SF
I
LF
LF
110 12
6f1J
sF
I
LS
I
LUMP SUM
SF
SQUARE FEET SY SQUARE YARDS
EA
EACH
LF
L1NEAR FEET
Contractor shall comply with the requirements of Division 5 Part L of the State
and specifically with Sections 6705 and 6707 thereof The Contractor shall
or other
submit for approval a detailed plan showing the design of shoring bracing sloping
The
labor Code
I
I
Dinosaur Caves Pork
Trails and
Phose 5
PAGE
7
Irrigation
I
Agenda
Item 4 F
Page
Page 72
of June 20 2006
3
CITY OF PISMO BEACH
RESOLUTION NO R 2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH
ALLOCATING 18 323 FROM THE DINOSAUR CAVES PRESERVATION SOCIETY
DONATION TO BID ALTERNATES 5 AND 6 OF THE DINOSAUR CAVES PARK PHASE 5
TRAILS AND IRRIGATION PROJECT
WHEREAS
the low bid for the Dinosaur Caves Park Phase 5 Trails and
exceeded the available budget and
WHEREAS
as a
result the
City
Councils
original
Irrigation project
award did not include bid alternates 5 and 6
and
WHEREAS the
and
City
Council wishes to award bid alternates 5 and 6 to Stratton Construction
WHEREAS the
City Council wishes to allocate 18 323 of funds
Society to bid alternates 5 and 6 and
donated
by
the Dinosaur
Caves Preservation
WHEREAS the
amphitheater
park improvements including trails throughout the park
needed in order to complete development of the park
and
irrigation
for the
are
BE IT RESOLVED by the City Council of the City of Pismo Beach that from the
18 323
donation from the Dinosaur Caves Preservation Society there are hereby allocated
18 323 to
the Dinosaur Caves Park Phase 5 Trails and Irrigation Project bid alternates 5 and 6
UPON
MOTION
OF Council member
the
the City Council of the
roll call vote to wit
by
City
foregoing
seconded
Resolution
of Pismo Beach this
AYES
Councilmembers
NOES
Councilmembers
ABSTAIN
Councilmembers
ABSENT
Councilmembers
by Council member
is hereby passed approved and adopted
2006 on the following
day of
Mayor Mary
Ann Reiss
ATTEST
Lori
Grigsby
City
Clerk
CMC
Agenda
Item 4 F
Page 4
Council
Page 73
City
Meeting
of June 20 2006
SUBJECTITITLE
NOTICE
OF
COMPLETION
SYSTEM LT S
FOR THE
2000
STIP
INTELLIGENT
TRANSPORTATION
SIGNAL OVERRIDE PROJECT
RECOMMENDATION
By
motion
authorize the
2000 STIP
to approve and record the Notice of Completion for the
System ITS Signal Override Project
City Manager
Intelligent Transportation
EXECUTIVE SUMMARY
The Contractor
Lee Wilson Electric
consists of installation of detectors
signal
has
completed
and contract documents
plans specifications
control boxes to
on
the
City
and record
recognize
his
obligations
The 2000 STIP iT S
s
in accordance with the
Signal
Override
Project
traffic
use
by
signals and installation of devices in the
emergency vehicles Lee Wilson Electric
has installed all of the
components for the traffic signals and has supplied the City with the in
vehicle devices
The City will be installing the in vehicle devices this summer Once installed
the system will require an initial start up which will be completed by the manufacturer of the
devices The system is scheduled to be completely operational by the end of this summer
It is
now
contractor s
within the
to approve and record the Notice of Completion which releases the
Lee Wilson Electric Company final 10
payment retention if no liens are filed
appropriate
required
35
day noticing period
FISCAL IMPACT
There is no fiscal impact
Total project costs were as follows
18 000
Design
Construction
195 000
Administration
Primary funding
administered by
included
2 000
was
provided
the San Luis
via
a
State
Obispo
11 379 of Urban State
Transportation Improvement Program
Council of Governments
Highway
Account funds and
SLOCOG
STIP
grant
Additional funds
7 705 of City General Funds
OPTIONS
Since the Contractor has
completed his
Completion
contractual
obligations
the
only option
recommended
is to approve the Notice of
Agenda
Item 4 G
Page
Council
Page 74
City
Meeting
of June 20 2006
1
ATTACHMENTS
Notice of
Completion
Prepared by Greg Ray
Approved by
Associate Civil
Dennis Delzeit
Engineer
City Engineer
Meeting
Director of Public Works
Date
June 20 2006
Date
June 15 2006
1
Agenda
Item 4 G
Page
Council
Page 75
City
Meeting
of June 20 2006
2
RECORDING REQUESTED BY
WHEN RECORDED RETURN TO
CITY CLERK
CITY OF PISMO BEACH
760 MATTIE ROAD
PISMO BEACH CA 93449
NO TRANSFERORS
NOTICE OF COMPLETION AND ACCEPTANCE
FOR 2000 STIP INTELLIGENT TRANSPORTATION SYSTEM n T S 1 SIGNAL OVERRIDE
PROJECT
NOTICE IS HEREBY GIVEN
State of California
1
That
on
That the
TS
I
3
Beach
and
accepted by
description
Signal
That the
Override
name
in the
That the
of the
County
name
EI Camino Real
5
The
1
yth
City
of Pismo Beach in the
2006 the
the
City
County
of San Luis
Obispo
project hereunder described was considered
City of Pismo Beach
Council of the
of said
project is for 2000 STIP Intelligent Transportation System
Project for the City of Pismo Beach
political
subdivision
of San Luis
Mattie Road Pismo Beach
4
the
the 20th of June
completed
2
by
follows
as
controlling
said
is the City of Pismo
whose address is 760
project
State of California
CA 93449
of the contractor
Arroyo
Obispo
on
said
project
is Lee Wilson Electric
Grande CA 93420
name of the Surety on the project is Insurance
Street Suite 111 Tustin CA 92780
Company
Company
1151
of the West 17852 E
Date
Kevin Rice
Attest
Lori
Grigsby
City
Clerk
City Manager
CMC
Agenda
Item 4 G
Page 3
Page 76
of June 20 2006
STATE OF CALIFORNIA
SS
COUNTY OF SAN LUIS OBISPO
KEVIN RICE
I
am
the
BEING DULY SWORN
City Manager
California
of the
I have read the
City
DEPOSES AND SAYS
of Pismo Beach
foregoing
County
of San Luis
Obispo
and know the contents thereof and the
my own knowledge except as to those matters therein stated
to those matters I believe it to be true
DATE
on
State of
is true of
information and belief and as
same
CITY OF PISMO BEACH
Kevin Rice
Subscribed and
sworn
before
me
City
Clerk of the
City of
City Manager
Pismo Beach
on
the
day
of
2006
Lori
Grigsby City
Clerk
City
of Pismo Beach
Agenda
Item 4 G
Page
Page
77
of June 20 2006
4
SUBJECT TITLE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH CALIFORNIA
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY
NOVEMBER 7 2006 AND REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE
SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON
TUESDAY
NOVEMBER
7
2006
FOR THE
ELECTION
OF CERTAIN
OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES
RECOMMENDATION
By motion adopt resolution and direct the City
approval to consolidate with the County for the
Clerk to forward to the Board of
2006 General
Municipal
Supervisors
for
Elections
EXECUTIVE SUMMARY
Attached is
a
resolution
relating
be held in Pismo Beach
consolidation with the
the
County
to the
upcoming
November 7
on
County
General
2006
for the 2006 elections
Municipal Consolidated Election to
approval of this resolution provides
and meets the election deadlines set by
The
and the State Elections Code
Also attached is the Election Calendar for the November 7 2006 election
FISCAL IMPACT
Council has budgeted
8 000 for the November 7 2006
Municipal
Elections
OPTIONS
1
2
Adopt Resolution and direct
Supervisors for approval
Deny and direct staff
the
City
Clerk to forward to the
County
Board of
ATTACHMENTS
1
Resolution
2
Election Calendar for 2006
Prepared by
Lori
Grigsby City
Clerk
Meeting
Date
June 20 2006
j
Agenda
Item 4 H
Page
Page 78
of June 20 2006
1
RESOLUTION NO R 2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH CALIFORNIA
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY NOVEMBER 7 2006 AND REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE
SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON
TUESDAY NOVEMBER 7 2006 FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES
WHEREAS under the
provisions
Municipal Election
California a General
election of Municipal Officers and
of the laws
shall be
relating to general law cities in the State of
held on Tuesday November 7 2006 for the
WHEREAS it is desirable that the General
Statewide General election to be held
on
the
Municipal
same
Election be consolidated with the
date and that within the
and election officers of the two elections be the
same
polling places
election department of the County of San Luis Obispo canvass the
Municipal Election and that the election be held in all respects as if
the
city
and that the
precincts
county
returns of the General
there
were
only
one
election
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PISMO BEACH
DOES RESOLVE DECLARE DETERMINE AND ORDER AS FOLLOWS
CALIFORNIA
SECTION 1
relating
That
Beach California
on
to the requirements of the laws of the State of California
there is called and ordered to be held in the City of Pisrno
November 7 2006 a General Municipal Election for the
pursuant
to General Law Cities
Tuesday
purpose of electing two 2 members of the City Council for the full term of four years one 1
member of the City Council for the term of two years and one 1 Mayor for a full term of two
years
SECTION 2
That
pursuant to the requirements of Section 10403 of the Elections
Code the Board of Supervisors of the County of San Luis Obispo is hereby requested to
consent and agree to the consolidation of a General Municipal Election with the Statewide
General election on Tuesday November 7 2006 for the purpose of the election of two 2
members of the City Council for the full term of four years one 1 member of the City Council
for the term of two years and one 1 Mayor for the full term of two years
SECTION 3 That the City Clerk and County Clerk is authorized instructed and
directed to procure and furnish any and all official ballots notices printed matter and all
supplies equipment and paraphernalia that may be necessary in order to properly and lawfully
conduct the election
SECTION 4
of the General
That the
Municipal
county
Election
election
department
is authorized to
The election shall be held in all
canvass
respects
as
the returns
if there
Agenda
were
Item 4 H
Page
Page 79
of June 20 2006
2
only
one
election and
only
one
form of ballot shall be used in form and content
law
SECTION 5
county
election
That the Board of
department
as
required by
Supervisors is requested to issue instructions to
steps necessary for the holding of the
the
to take any and all
consolidated election
SECTION 6 That the City of Pismo Beach recognizes that additional costs will be
incurred by the County by reason of this consolidation and
agrees to reimburse the County for
costs
any
SECTION 7
That the polls for the election shall be open at seven o clock a m of the
of the election and shall remain open continuously from that time until eight o clock
p m of
the same day when the polls shall be closed except as provided in Section 14401 of the
Elections Code of the State of California
day
SECTION 8
That in all
particulars not recited in this resolution the election shall be
provided by law for holding municipal elections
SECTION 9 That notice of the time and place of
holding the election is given and the
City Clerk is authorized instructed and directed to give further or additional notice of the
election in time form and manner as required by law
SECTION 10 That the City Clerk is hereby directed to file a certified
copy of this
resolution with the Board of Supervisors and the county election
department of the County of
held and conducted
San Luis
as
Obispo
SECTION 11 That the City Clerk shall certify to the passage and
adoption of this
resolution and enter it into the book of original resolutions
PASSED APPROVED AND ADOPTED ON June 20 2006 on motion of
Council member
seconded
by
Council member
vote to wit
AYES
Councilmembers
NOES
Councilmembers
ABSENT
Council members
ABSTAIN
Councilmembers
and
on
the
following
Mayor Mary
roll call
Ann Reiss
ATTEST
Lori
Grigsby
City
Clerk
CMC
Agenda
Item 4 H
Page
City
Council
80
Page
Meeting
of June 20 2006
3
Consolidated Cities
General
Municipal Election
November 7 2006
May
17
Last
Day
to File Petitions
Last
Day
for Council to
Regarding
Measure
E 172
July
12
Adopt
Resolutions
E 127
July
3
July
Election Official to Publish Notice of Election
17
E 127to 113
July
Candidates
Measures
10
Last
Day
to
Adopt Regulations
for Candidates Statements
E 120
July
17
August
11
Filing
Period for Nomination
Papers
and Candidate
s
Statements
E 113 to 88
July
18
Last
Suggested
Day
to Call Election For Ballot Measures
E 112
July
19
Last
Day to
Last
Day
Post Notice of Deadline for
Filing Arguments
E 112
August
1
Arguments
Recommended to be 10 14 days after
Council calls Election
E 98
July
to File
31
Last
Day
to File
Campaign Expenditure
Statements
Semi Annual
Statement
August
10
Days
11
Last
Day
to File Rebuttal
11
Last
Day
to Call Election For Ballot Measures
11
Last
Day
to File Nomination
Papers
16
Last
Day
to File Nomination
Papers
16
Last
Day
to Withdraw Measure
17
Secretary
Arguments
after
Arguments
E 88
August
E 88
August
E 88
August
Extension
E 83
August
s
from Ballot
E 83
August
of State to Determine Order of Names on Ballot
E 82
Agenda
Item 4 H
Page
Council
Page 81
City
Meeting
of June 20 2006
4
24
August
Time to Cancel Election
Insufficient Candidates
E 75
September
11
October 24
Filing
Period for Write in Candidate
E 57 to 14
October 4 to October 24
Voters
May Request
Applications
E 29 to 7
October 5
Last
Day
to File
Absentee Vote
by
Mail Ballots
Regular
Statements
1st Pre election
Statements
2nd Pre
Statement
October 18
Last
Day
to
Last
Day
to File
Register to Vote
E 15
October 26
E 12
election Statement
October 31
Last
Day
for Election Official to Publish Notice of Nominees
Last
Day
for Council to
E 7
November 6
Adopt Procedures
to Resolve Tie Vote
E 1
November 7
ELECTION DAY
E
December 22
E
28
Next
Last
Day
to Install
Newly
Elected
Reorganize Council and
meeting after Declaration
Choose
Mayor Councilmember
s
Etc
17
Meeting
regularly
At next
scheduled
January 22 2007
30 days after
Assuming
January 31
2007
Last
Mayor
Pro Tem
of Results
to File Statement of Economic Interests
Day
Office
Last
Day
to File
Statements
Semi Annual
Statement
April
1
2007
Measures
Last
Green
Day
to Submit
Candidates
Report
Blue
on
Measures to
Secretary
Administrative
of State
Red
Agenda
Item 4 H
Page
Page 82
of June 20 2006
5
SUBJECT TITLE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH APPROVING
THE 2006 FIREWORKS DISPLAY AND WAIVING SPECIAL EVENT FEE
RECOMMENDATION
By motion adopt a resolution
Event Fee of
approving
the 2006 Fireworks
Display and
waive the
Special
150
EXECUTIVE SUMMARY
The Chamber of Commerce is
Display
scheduled to be held
resolution and issue
a
once
on
fireworks
Staff has assisted with the
again sponsoring
the annual Fourth of
July
Fireworks
City Pier The Council by ordinance must adopt
permit to allow such public fireworks displays
the
planning of this event
Special Event
attached resolution and waive the
and is
fee
as
recommending
in past years
Council
adopt
a
the
FISCAL IMPACT
None
OPTIONS
1
2
Approve resolution
Deny resolution
ATTACHMENTS
1
Resolution
2
Public Fireworks
3
Letter from Chamber of Commerce to waive
Prepared by
Lori
Display
Permit Exhibit A 1
Grigsby City
2 3 4 and 5
Special
Event fee
Meeting
Clerk
Date
June 20 2006
t
Agenda
Item
Page
Council
Page 83
City
Meeting
of June 20 2006
1
4
1
RESOLUTION NO
R 2006
APPROVING THE 2006 FIREWORKS DISPLAY
WHEREAS
for
the
City Council has adopted Municipal
public fireworks displays and
Code Section 8 08 040
WHEREAS the Pismo Beach Chamber of Commerce has
to conduct such a
display on July 4 2006 and
WHEREAS
the
services
of
a
have
pyrotechnician
requested
been
providing
the Council s
secured
the
by
in
part
permission
Chamber of
Commerce
NOW THEREFORE
BE IT RESOLVED by the City Council of the City of Pismo Beach that
the Pismo Beach Chamber of Commerce is
hereby authorized to conduct a public fireworks
display from the Pismo Beach Municipal Pier on July 4 2006 subject to the following
conditions
1
Chamber will furnish
2 000 000
This
to
policy
to event proof of insurance in the amount of
insurance shall contain the following endorsement
City prior
or
liability
The
City of Pismo Beach California its council members their
agents are hereby declared to be additionally insured within
both
as to the activities of the Chamber and as
members their officers employees and agents
This insurance
the
this
City of
policy
will not be canceled without thirty 30 days prior written notice to
Beach
This cancellation provision shall not be construed as
of the Chamber to furnish insurance
Pismo Beach is not liable for the
Said
policy or policies shall be
duplicate policy or policies shall
of this
and
Agreement
certified
At least
duplicate
payment
of
during
premiums
thirty
30
days prior
policy showing
that
to the
such
or
assessments
to any person or persons
or
of any such
coverage has
expiration
insurance
on
policy
been
City
Chamber agrees that the City its council members and
employees shall be free from any and all liability of death
injuries
the entire term of the
underwritten to the satisfaction of the City
A certified
be submitted to the City
with
the
execution
concurrently
renewed extended shall be filed with the
2
employees and
the terms of this policy
to the activities of the City its council
policy
of Pismo
City
derogation of the duty
Agreement within
The
officers
damages
to
its
or
property
officers
deaths
or
agents and
any injury or
of any kind whatsoever
Agenda
Item
Page
City
Council
Page 84
Meeting
of June 20 2006
1
4
2
whether the person or property of Chamber its agents or employees or a third persons
from any cause or causes whatsoever while in or upon said premises or any part
thereof
during the term of this Agreement or occasioned by any occupancy or use of
premises or any activity carried on by Chamber in connection therewith and
Chamber hereby covenants and agrees to defend indemnify and save harmless the
City its council members its officers agents and employees from all liabilities
charges expenses including council fees and costs on account of or by reason of any
such death or deaths injury or injuries liabilities claims suits or losses however
occurring or damages growing out of same
said
The Pismo Beach Fire
3
Department retains the authority to control the pier
pier area and limit access thereto during preparation display and
unexploded pyrotechnic devices
4
Chamber
accepts and agrees to fulfill all
Fireworks Display Permit issued in
the
Public
connection with this Resolution
obligations
detailed in and
UPON MOTION OF Councilmember
by
and
adopted
following
the
regular meeting
of the
adjacent
removal
required by
of
the
seconded
Councilmember
at a
and
City
foregoing
Resolution is
Council held this 20th
day
hereby passed
of June 2006
on
the
Item
1
4
AYES
Councilmembers
NOES
Councilmembers
ABSTAIN
Councilmembers
ABSENT
Councilmembers
Mary Ann
Reiss
Mayor
ATTEST
Lori
Grigsby
CMC
City Clerk
Agenda
Page
Page 85
of June 20 2006
3
PUBLIC FIREWORKS DISPLAY PERMIT
APPLICANT
Pismo Beach Chamber of Commerce
581 Dolliver Street
Pismo Beach CA 93449
DATE
TIME OF DISPLAY
July
4 2006 at 2100 hours
LOCATION OF DISPLAY
Pismo Beach
DESCRIPTION OF SHELLS
846 total aerial shells
Municipal
attached hereto
DIAGRAM OF LOCATION
A
diagram
area
as
Pier
See
Exhibit
application
for
of the Pismo Beach Pier and
is attached hereto
as
permit
A 1
Exhibit
surrounding
A 2
COMPENSATION OF INSURANCE
All
LIABILITY INSURANCE
A Certificate of Insurance is conformance with Section
993 of the California Administrative Code is attached
pyrotechnicians and assistants are considered
agents of Zambelli Productions for purposes of
Worker s Compensation Insurance
hereto
PUBLIC DISPLAY LICENSE
as
Exhibit A 3
State Fire Marshal
s
License
1004 is attached hereto
FIREWORKS WHOLESALER
as
Registration
GPD
Exhibit A 4
Zambelli Internationale
P O Box 1463
New Castle PA 16103 0000
Phone 724 658 6611
Exhibit
PERMIT COMPLIANCE
A 5
Permittee shall be
provisions under
been granted
responsible for compliance with the
public display permit has
which this
PERMIT CONDITIONS
After
investigation of the site proposed for the public fireworks display and an evaluation
pyrotechnic devices by the permit issuing authority the following conditions are hereby
applied in the interest of precaution in general against danger to life and property from fire
explosion and panic
an
of
the
Agenda
Item
Page
City
Council
86
Page
Meeting
of June 20 2006
1
4
4
1
The entire
Municipal Fishing
1500 hours until
2
Permittee will
the
one
the Fire
notify
storage facility
Prior to the
4
Only the pyrotechnicians
his
or
diamond
5
display
Department personnel
an escort
throughout
will saturate the
the
City
pier planking
with water
their assistants and other persons authorized by the Fire
shall be allowed in the restricted area that is past the first
uniformed persons
readily
identifiable at all times
gloves
A Fireworks
tending
7
agents
non
from
All persons involved in the discharge of fireworks shall be dressed in protective
clothing deemed suitable by the Fire Incident Commander including but not limited to
turnout coats wildland nomex cotton
clothing helmet and eye protection ear protection
and
6
Fire
display
personnel
in advance of transporting the fireworks from
Department
to the Pier in time to schedule
3
Chief
Pier will become restricted to unauthorized
hour after the conclusion of the
No
1 h
Safety Group consisting
charged
smoking shall
posted
of
a
hose lines shall be
be allowed
fire marshal and four 4 fire
present
anywhere beyond
on
the
pier during
the first diamond
the
No
each
fighters
display
Smoking signs
shall be
8
No alcohol shall be allowed
9
No unfired fireworks
10
Conduct of this fireworks
on
the
pier
before
or
during
the
pyrotechnic display
duds shall be removed from mortars for at least two
after mortar has been filled with water
California Administrative
display shall be in compliance with Title XIX
Code relating to public fireworks displays
Joe Cortez Police Chief
Kevin Rice
Matt Jenkins
Lori
Rebecca
Fire Chief
McMurry
Chamber of Commerce
hours
Article 15 of the
City Manager
Grigsby City
Clerk
Ann Reiss
Mayor
Mary
2
Agenda
Item 4 1
Page
Page 87
of June 20 2006
5
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s
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i
p1amo
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Agenda
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Item 4 1
Page
Council
Page 88
City
Meeting
of June 20 2006
6
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Agenda
Item
Page
Council
Page 89
City
Meeting
of June 20 2006
1
4
7
Ev l1
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Agenda
Item
Page
City
Council
90
Page
Meeting
of June 20 2006
1
4
8
3
L
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1
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114
2844
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IlIIIER o LEsseES OR
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WHEN
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Agenda
Item
Page
Page 91
of June 20 2006
1
4
9
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ADDENDUM ATTACHED TO
CER1lFICATE ISSUED ON
BEHALF OF
ZAMBELLI F1RBWORKS MFG Co INC
ZAMBELU FAMILY PARTNERSHIP
POUCY MGMF9018
01 TO 2
107
EFFECTIV 2 1
1
The llMJrerwlll
Il
withoIIt 15
not C8I1CeI the Il18Ured
days prior
CCMlIlI98
written notice to the Stale Fire
Marshell
2 The
dUly
to
either as
IicenHd pyrotechnic operator requlrlld by law
and c
hdl
8lllalhe
public dl8play acting
supervi
employee of the Insured or as an
inclependenl contractor and the SQlte of Call1omla it
nis are Inclucled
oIIIcera llllen1a ernployaH and
addltionaI Insureds but only insofer
any
operatlona underlhls chaptef ere concerned Health
Safely Code Sedion 12552
811
3 The 8Iate shall not be responIibla for any prIIllllum or
ments on Ihe policy Deductible if any may
j
1
no exoeecI
15 000
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Agenda
Item
Page
Page 92
of June 20 2006
1
4
10
05
38 2006
L
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Agenda
Item 4 1
Page
Page 93
of June 20 2006
11
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CALIFORNIA DEl
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MENI OF lro1tESTRY
l
AR
OF THE
ryp
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Ul PROTECTION
FII
STATE FIRE MARSHAL
FIREWORKS
ticen
and
LICENSE
Iluue
too
bat
06
14 2005
Liea1 See
ZAfl8BLLI
PO
NEW CASrtz
named ticengeo is
nml
f1ONALE
BOX 14 63
cd
authotiz
PA
perform
161Q3 0000
aII
cls
perroitted
fireworks
PUBLIC DISPLAY GENERAL
plllS1Wlt to Part n
Chapler
J of the Health and
Safety Code oflhe SlIte of California
Expires 61301Z006
Deputy
Scnte tir
l
Itlll
Agenda
Item
Page
City
Council
94
Page
Meeting
of June 20 2006
1
4
12
U5
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1 j
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4b
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f I h biJ
TRANSPORTATION
The California
to
a11
A
rJU
j
t
ATION
AU11IOlUZ
Marshal
gulations
Rt
require thai an
accompany lhe driver to validale the
Flreworb
OIl a
display aim
Stale Fire
Authorization
arlsporttllon
tr
I
LLJ
Bo1l4
llaport
Tr
AccardhIa to the CDf SFM the a1p M permit for the InlBnded di8pIay will
Ve as tliis authorization
I
IIe
B
in many IocaItons the permit i not iNUed Wltil an
reviewa the aile after the diapJay hu been
aet
Thus no
p
l
u
1e befantthe
fact
All
an
alternative to the dlIplay
authority
appropd
wilI
lhi do
utnent when
ihe intendod purpose
inapector
petD is
lt
oIsned by the
Since trucks are generally loaded alleut one day prior 10
p or Mail this document 80 that it will arrive at our aIflca 3
the dlIplay dale
ldnd1y
prlto
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N lOa
IIIIW
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PDmWOQ
T011lAN5ftJJlT A PUauc DlSPl
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iala
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be held
01
PlSMO BEACH
July
It
t 2006
PilImo Beacb
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lt
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Agenda
Page 95
of June 20 2006
Item
1
4
Page
13
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Agenda
Item
Page
Page 96
of June 20 2006
1
4
14
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38 2006
13
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Agenda
Item
Page
Page 97
of June 20
2006
1
4
15
Page98
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IU
805773
772
l BEACH
FISfIK
iAMBER
PAGE
62
02
CHAM8ER OF COMMERCE
June 8 2006
Kevin Rite aty Manager
City ofPlsmo lle8ch
760 Mattie Road
w19
9
Plsmo Beach CA
Dear Kevin
for a fee waiver for the 2006
accept thIS letter as the Chambers request
the aty of Plsmo
PIer
a11y
HlsIXlrtc
4th of July Fireworks and Concert on the
fee for this
walve
150
appllcatlon
to
lhe
Beach has been kind enough
Please
community event
lhls annual celebration for
The Chamber is pleaSed to coordinlllle and provide
SS of 30 000 people
exC
In
annual
event
WS
dl
The
S
1ltOr
both residents and v1
thousands ofdollars In sales tax and
ng
1for
8ead
lhe
day
genera
to Plsmo
T OT
that you may need
happy to provide any addltlonallnformatlOn
for your me and oonslderallon
this
ThlInl
request
you
accommodate
I would be
to
Sincerely
Y
Reb
I
h
rry
xe
DIreC1l
lr Agenda Item 4
1 Page
16
City
2006
Council
Meeting of June
20
y o
r
J
is
st
TITLE
SUBJECT
CONTRACT RENEWAL WITH THE COUNTY FOR ANIMAL CONTROL SERVICES
RECOMMENDATION
Staff recommends
of the three year
approval
agreement
with the
county
for animal control
services
EXECUTIVE SUMMARY
The current contract between the
June 30 2006
increases reflect the
The
City and San
proposed contract
Luis
Obispo County
for animal services will
is for three years beginning July 1 2006 and
expire
increase for FY 2006 07 and a
expiring on June 30 2009 The contract proposes a 16 7
20
increase in each of the remaining two years of the contract Although substantial these
on
animal services to the
effort to achieve full cost recovery for the provision of contracted
Due to the voluminous amount of laws and regulations regulating
the animal control services
industry
County
City
s
the costs associated with the
delivery
of these services
has grown significantly
Staff believes the renewal of this contract is still in the City s best
interest as viable alternatives have been explored and at present there are none available
FISCAL IMPACT
For reference purposes for FY 2005 06 the City is currently paying
delivery of animal control services Attachment A proposes the
for
the
provision
of animal services to the
32 768 06 to the
following
County
annual rates for
City
July
1
2006 to June 30 2007
39 321 60
July
1
2007 to June 30 2008
48 834 68
July
1
2008 to June 30 2009
60 649 26
OPTIONS
1
Approve
staffs recommendation and enter into
agreement
with the
County
for
provision
of animal services
2
Direct staff to
additional information
provide
ATTACHMENTS
1
2
Agreement
for Animal Services for FY 2006 07
Attachment A
listing
through FY 2008 09
paid to the County by
the annual amount of fees to be
the
City
for
animal services
Agenda
Item 4 J
Page
Page 99
of June 20 2006
1
Prepared by
Joseph
A Cortez Chief of Police
Meeting
Date
June 20 2006
tk
Agenda
Item 4 J
Page
Council
Page 100
City
Meeting
of June 20 2006
2
SAN LUIS OBISPO COUNTY SHERIFF S DEPARTMENT
ANIMAL SERVICES DIVISION
AGREEMENT FOR ANIMAL SERVICES
This Agreement is made and entered into on JuJy l 2006
of SaD Luis
Obispo
tenninated
as
herein
and the
County
as
and shall be and remain in effect
City
referred to as
sooner
hereinafter referred to
through
City
and
by and between the COWlty
ofPlsmo Beach hereiuafter
including
June 30 2009 wIless
provided
WITNESSETH
THAT WHEREAS
Thc
City is desirous
of
contracting with the County
hereinafter described animal services within its houndaries
through
the Division of Animal Services
hy
the
for
County
perfunnance
of San Luis
of lhe
Obispo
and
WHEREAS the County is agreeable to providing such services in accordance with the provisiollS of
the Ssn Luis
Obispo County Code
establishment of
a
public pound
which
Title 9
provides
and for the collection and
for the
care
Iicellsing
of
dogs
the
of stray diseased and vicious
animals and
WIIEREAS
the County of San Luis
has established Animal Services to enforce the
Title 9 within the
ordimmces of the
County Code
WHER
City is desirous
AS the
Obispo
of
unincorporated
areas
of the
County
and
contracting with the CounLY for Animal Services withinthe City
limits
10f12
Agenda Item
4 J
Page
Page 101
of June 20 2006
3
NOW THEREFORE
lJEI INUIONS
IT IS AGREED AS FOLLOWS
Used
throughout
f means
A2gressi
a
as
follows
domestic animal
attacking
a
human
not
dog
dog or dog to
to
livestock and the human is in immediate danger ofbeJl1g injured
HouseholdDomestic Pets IAnimals
fish hamsters
rabbits
ordinarily kept
Injured
lIS
turtles
emergent condition
means
to the animal
means
Business Hours
reptiles
means
raccoons
hours of
life
and S
huday from
thrcatening
requiring
dogs
canaries
usually
and
not
intervention
operation provided by
am
10 00
m
an
by
a
abscess
other
non
or
veterinarian
foxe and other similar si7ed wildlife
pOSSlIms
Tuesday Thursday Friday from 8 00
7 00 p m
but is not limited to cats
and other kindred animals
household pets
Domestic Animal
Small Wildlife
means
to
5 00 p
m
to
4 00 p
m
Animal Services
Wednesday
Monday
from 8 00
m
to
COUNTY RESPONSIBILITIES
Maintain an Animal Services DivisioD
to
provide management and supervision
of
programs to maintain records and statistics and enforce Jaws and ordinances
Animal Shelter
care
housing
delivered
and
or cause
disposal
by City or County
Operation
regard lea
maintain
Permit Services
to
maintain an animal shelter
of animals
impounded
within the
to
provide
City
or
for the
Counly
or
residents
to
provide permit
services to all citizens of the County
of jurisdiction
2 of 12
Agenda
Item 4 J
Page
Page 102
of June 20 2006
4
2
ANIMAL BITE INVESTIGATIONS OUARANTINES
The takingofanimaJ bite reports and subsequent investigations and quarantine of bite
animals
Investigation of all animal
biting animals pursuant
sucb records and
3
to
slllte
bites
involving
regulations
reporting of information to
humans and the
and local ordinances
quarantine
The
keeping
of
of
the State Department of Health Services
RABIES CONTROLISVSPECT RABID ANIMAL HANDLlNGITESTING
The response io and
animals
attempted capture
of suspect rabid wildlife and domestic
The destruction ofsuch animals proper
testing transport of
tissue to the
County Public
proper disposal ofremains when found to be
r bid
arumals or
laboratory preparation
Health
for rabies
Department for testing
positive Investigations
suspect rabid animals at large and the quarantine
and
of exposuresto
or
destruction of
animals which were in contact with rabid animals
4
EMERGENCY SERVICES
The response to and
attempted capture of injured
domestic animals transpQrt of and
medieal aid to animals when needed for slllbilization and
animals
someone
Response
to
is on the scene
and the owner
not
potet1tially rabid
subsequent sheltering
of
small wildlife and domestic pets when
Response to aggressive animals or animals that have bitten
available
Hold animals relative to
Emergeney serviees shall be provided 24 hours
a
doy
seven
an
arrest
days
a
or
accident
week
Emernenev and after hour services for anv of tbe followio2
a
Severely injured sick dogs
unknown
b
or
or
cats
when
legal
owner
unavailable
Hold animals relative to an 81TeSt
or
accident
4 of 12
Agenda
Item 4 J
Page
Page 103
of June 20
2006
5
Aggressive
c
vicious
owner unknown or
domestic
animals when
un3vai lable and
legal
reporting pany is
standing by
Bite
d
dogs
cuts
when
unavailable and
when
s
owners are
Wlknown
or
reporting party is standing by
animals
Potentially rabid
0
legal
including
reporting party remains on
small wildlife
the scene
PICK UP OF UNLIMITED STRAY DOMESTIC ANIMALS FROM ONE
DESIGNATED LOCATION
The
up of UNLIMITED numbers of stray
pick
designated
providing
6
location within the
food water and the
contracting City
cleaning
of
domestic
The
designated
City will
animals from
be
responsible
one
for
kennels
FIELD PICK UP OF UNLIMITED DOMESTIC ANIMALS
The response to and
animals
above
pick
Pick up shall include
hours of
operation including
FmLD SERVICt S
Response
of the
up ofUNLIMrrED numbers of stray confined domestic
The transport and care of
dogs
within
animals at the shelter
as
described
other domestic animals during business
cats
domestic animals dead
on
arrival
defined as follows
ofan Animal Control Officer during
following
1
impounded
city limits
on
an
regular business hours to pick up any
UNLIMITED basis
Confined stray domestic animal
pick
up
5 of 12
Agenda
Item 4 J
Page
Council
Page 104
City
Meeting
of June 20 2006
6
2
Dead stray domestic animal
3
Owned animal
4
Owned dead animal pick up
5
Euthanasia of owned
6
Transportation to
7
Respond to thehwnane
pick
pick
np
fee paid by citizen
up
fee
paid by
anima
fee
citizen
paid by
citizen
veterinarian of owned animal
care of
Good Samaritans Medical
en
citi7
injuredsick stray domestic animaIll by
treatment
fur stray domestic animals
fee paid by
and emergency veterinary care
presented
to
veterinarians
by
Animal
Services employees and Good Samaritans
7
CITIZEN COMPLAINTS
The
processing
of citizen
cumulative records
barking dogs
8
and action taken
on
response
maintaining
but not limited to
cruelty
COURT PROCEEDINGS
filing investigation office hearings issuance oforders to
to court
of nuisance abatements
activities involved in the
orders
complaints
complaints including
NUISANCE ABATEMENTIHEARlNG
processing
to
leash law violations animal abandonment and animal
The recording
9
complaints
through City Attorneys
abate and
offices
All
processing of nuisance abatement petitions investigations
hearings including preparation
fllr court
proceedings when
necessary
FIELD ENFORCEMENT
Processing and performing patrols
ithin
a
specified
area
when requested by acitizen
60f12
Agenda
Item 4 J
Page
Council
Page 105
City
Meeting
of June 20 2006
7
and issuance of citations for violations
other than field
pick
up
as
The addition of further field enforcement
described above but
not
limited to
rdlldom
palrol patrol
requests ordinance violation citations and agency assists
10
COURT FILINGS
PROCEEDINGS
Filing aggressive cruelty
abandonment
appearances and follow up related to these
ANIMAL SERVICES CONTRACT ENFORCEM
quality
on
made up of
the County
from
all matters of Division
of service
one
s
budget
representative from
each
Veterinarians Association
Animal Services
and
one
development
re
ponsibiJity
from
City
Court
etc
There shall be
an
it will be to review and
with the
This Committee shall be
County
one
representative from
representative of the Highway Patrol
representative
of
overall program administration level and
and amendments
Citycontracting
one
photographs
N rCOMMIlTEE
policy regarding
and ordinance
approval
cases
Animal Services Contract Enforcement Committee whose
recommend
with
to court
cases
Collection of incident reports
office
Attorneys
or
the
County
Sheriffs
one
representative
Department
The
Committee shall receive staff support from Animal Services
COOPERATION
the
County
To facilitate the performance ofthe
shall have the full
cooperation
foregoing
functions it is hereby
and assistance from the
agreed that
its officers agents
City
and
empLoyees
EMPLOYEE COMPENSATION AND LIABILITY
liability
for the direct payment of any salaries
personnel performing
services hereunder
The
liable for
City shall
sickness
not be
arising
out of
her
his
or any
City shall
wages
or
other
compensation or indemnity
to contract
any
County
County employee
for
ofthe Agreement is intended to create duties
or
any
employment
third parties not party to this contract
party
to any
or
obligations
rights in
compensation
assume
injury
to
Nothing in tbe provisions
or
called upon to
liability other than that provided in the Agreement
INDEMNIFICATION
to
not be
or
affect he
by imposing any standard of care respecting the regulation
legal liability of either
and enforcement ofLaws
7 of 12
Agenda
Item 4 J
Page
Page 106
of June 20 2006
8
regarding animals different
It is understood and
any damage
or
from the standard of
agreed that neither City
liability OCCUlTing by
reason
nor
of
care
imposed by
any officer
or
anything done
employee thereof is responsible for
or
under or in connection with anywork anthority or jurisdiction
Agreement
defend
It is also understood and
and
indemnify
save
agreed that pursuant
person
OJ
damage
under or in connection with any work
It is understood and
otherwise
agreed
any damage or liability
or
save
to
delegated
or
oron
done
accountofinjurles to
or
omitted to be done
jurisdiction delegated
nor
agreed that pursuant to Government
County
aU officers and
from
with any work
jurisdiction delegated
or
Agreement
responsibilities
done
sball become
employed
paragraph
a
employed hereunder shall have
this
anything
All persons
in Indemnification
City employee
to the
the
ordealh of any
by
the
County
County
under this
City under this Agreement
Code Section
employees
or omilled
the
to
in the
4 City shall defend
895
from all claims suits or actions
or death
of any person or
to be doIle by City under connection
under this
City
County employee by
any
performance
2 oflhis Agreement shall be
Agreement except
as
reasoIl
and for the sole purpose of
giving legal status
herein every County officer and the
of the services and functions
County employees
no
present
and
00
person
of this Agreement
City pension Civil Service
service hereunder shall where necessary be deemed
the services for
to
or
Statute
EMPLOYEE STATUS
specified
shall
of anything done or ontilled to be done by the City under
damage to property resulting
by
COllnty
anyofficeror employee thereof is responsible for
authority orjurisdiction delegated
hannIess the
authority
the County under this
to Government Code 895 4
of every name kind and description brought forth on account ofinjuries to
otherwise provided
be done by the County
to
Statute
that neither County
in connection with any work
iIldemnify and
anything
authority
provided by
occurring by reason
It is also understood and
brought forth
from
property resulting
Agreement except as
onlitted
hannless the City all officers and employees from all claims suits
actions of every name kind and description
Lo
law
or
to
any similar status
the
perfonnance
employee engaged
an
officer
or
or
right
For
of the duties and
in their performance of any
employee
of City while
perfonning
City
PROSECUTION
It shall be the
duty
of the
City Attorney exercising
the discretion vested in his
8 ofl2
Agenda
Item 4 J
Page
Page
107
of June 20 2006
9
office to
cule violations of the City Animal Ordinance and take appropriate
prose
to
respect
the abatement of any public nuisance
involving
animals
legal action
with
within Citys corporate
occurring
ljmits
TERMAND RENEWAL
This Agreement shall be effective
be
either party lIpon
subject
Assuming
terminate
to
termination
by
neither party exercises its
on
right
no
proposed changes
service level
1st
the 1st
dayofJuly
2006 and shan
thirty days advance written notice to the other party
to
tenninate this
the
Agreement
Agreement
shall
June 30 2009
CITY NOTIFICATION
July
on
to current
later than May 1st of each year each City shall be notified of
of their agreement to pay for services
CITY RESPONSIBILITY
City agrees
The
charges
to
City shall notify
the
County
no
later than
Attachment A reflects the annual oosts
pay to
County for County Services under this
the dollar amount as set forth in Attachment A which is attached to the contract and
contract
incorporated by
reference
COUNTY BILLING
County
shall bill
City quarterly for theircontraeled services Billing shall
he
submitted at the end of each quaner City shall remit payment within thirty days ofrecciplofbilling
and
County
amount
City acknowledge that in performing its
it receives pursuant to this contract
contractual
obligation County cosLS exceed
Therefore County
and
City
the
agree that should the
County bc eligible for any future State reimbursement pursuant to SB90 I Hayden Legislation the
fun amount of any reimbursement shall be forwarded and retained
MODIFICATION
changes
This contract constitutes the entire
amendments
or
and
arc
not in
City agrees to adopt
substantial conflict with
modifications to
City
County
writing
County
of the panies hereto and
and
signed
by both
no
parties
animal control ordinances which conform tu
Chapter 9 of the San Luis
codes may be conducted with the
consultation before adoption
the
understanding
alterations shal1 be effective unless in
ORDINANCE CONFORMITY
by
Obispo COllntyCode Changes
County
ami
Division of Animal Service
s
Division of Animal Services may also make recommendations
90f12
Agenda
Item 4 J
Page
Page 108
of June 20 2006
10
to
City
for
changes
or
mOdifications
BOOKS AND RECORDS
manner
City at
as
County
to
County
Audirotlorer
Cont
their City ordinance
agrees to
shall
keep
specifY
such books and records and in such furm and
Said booka shall be open lor examination
by
all reasonable times
NOT C
S
Any
notice required to be given pursuant to the tenns and
shall be sent by certified
or
registered
provisions
of this agreement
mail to the County at
San Lnls
Obispo
Sberlffs Departmont
Animal Serviees Division
P O BOJ 3760
San Luis
and to the
City
Obispo
CA 934033760
at
City of Plsmo Beacb
760 Mattie Rd
Plsomo Beath CA 93449
100f12
Agenda
Item 4 J
Page
Page 109
of June 20 2006
11
IN WITNESS THEREOF
this Agreement to be signed
order ofthe Board
City ofPismo Beach
by
its
ofSupcrvisors
resolution
duly adopted by its City Cowleil causes
Mayor
and attested
causes
these presents to be subscribed
by
its clerk and
COllntyofSan Luis Obispo by
by Chairman ofsaid Board
and seal of said Board to be affixed hereto attested by clerk of said
CITY OF PISMO BEACH
ATTEST
By
By
City Clerk
Mayor
COUNTY 0
SAN LUIS OBISPO
ATTEST
By
By
Chairman
Board of
Board of
Supervison
Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT
JAMES B
LINDHOLM
JR
By
Deput
County Counsel
Dale
11 of12
Agenda
Item 4 J
Page
Council
Page 110
City
Meeting of June
20 2006
12
ATTACHMENT A
SAN LUIS OBISPO COUNTY SBElUFP S DEPARTMENT
ANIMAL SERVICES DIVISION
AGREEMENT FOR ANIMAL SERVICES
PISMO BEACH agrees to pay
annaally
for
July
1 2006 to JUDe 30 2007
321 60
39
July
I 2007 to JUDe 30 2008
68
834
S48
July
1 2008 to June 30 2009
649
60
rvlees
26
12 of12
Agenda
Item 4 J
Page
City
Council
111
Page
Meeting
of June 20 2006
13
SUBJECTITITLE
CONSIDERATION TO PURCHASE A THERMAL
RESCUE USE BY THE FIRE DEPARTMENT
IMAGER
FOR
LIFESAVING
RECOMMENDATION
Authorize the
amount of
of
purchase
a
Thermal
Imager
for
use
by
the Fire
Department
in the
8 339
EXECUTIVE SUMMARY
The
approved 2005 2006 fire department budget includes funds for the purchase of a
imager A thermal imager is a hand held infa red device that reads the heat
from a victim s body and allows fire personnel to quickly locate victims trapped in a
building fire that would otherwise be obscured by smoke This technology has been
available for approximately 6 years but costs in the past have been prohibitive
In the
thermal
last 4 years the cost has come down from
Fire staff has carefully researched the best
the
City
s
purchasing guidelines
over
20 000 to the current cost of
for the best
product
and bid process in
presenting
price
8 339
and have followed
this item for
approval
FISCAL IMPACT
Funds for this
purchase
are
budgeted
and available within the current Council
approved
budget
OPTIONS
1
2
Approve staff s recommendation
Deny staff s recommendation
to
purchase
a
thermal
imager
AIT ACHMENTS
None
Prepared by
Mike Harkness Battalion Chief
Meeting
Date
June 20 2006
j
Agenda
Item 4 K
Page
Page 112
of June 20 2006
1
PISMO BEACH CITY COUNCIL AGENDA REPORT
SUBJECT
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
PISMO
BEACH
UPHOLDING THE APPEAL OF EFFIE MC DERMOTT ET AL THEREBY DENYING
PROJECT NO
05 0086
CONDITIONAL USE PERMIT COASTAL DEVELOPMENT
PERMIT VESTING TENTATIVE MAP NO
APN
690
DOLLIVER
APPEAL
OF
RESIDENTIAL COMMERCIAL
APPLICANT
Appeal
density
2751 FOR 690 DOLLIVER
005 131 036
PLANNING
PROJECT
COMMISSION
LEONARD
APPROVAL
GRANT
OF
A
ARCHITECTS
EFFIE MCDERMOTT ET AL APPELLANTS PROJECT 05 0086
of Planning Commission
bonus to create 2 226 sJ
of
approval
a
condominium subdivision
including
a
of commercial space plus six residential units one of
which would be affordable to moderate or lower income families APN 05 131 036
RECOMMENDATION
By
motion
Resolution
adopt
the
upholding
Appellants appeal thereby denying Project
No 05 0086
EXECUTIVE SUMMARY
On June 6 2006 the
a public hearing to consider the appeal of
approval of a mixed use project located at 690 Dolliver The
City Council directed staff to bring back a resolution upholding the appellant s request to
deny project No 05 0086 The Council further instructed staff to remand the project
back to the Planning Commission with the following direction
the
Planning
City
Council conducted
Commission
To revise the Art Deco
To have
design to something more compatible
engineer look at the feasibility of a
licensed traffic
a
with the downtown
second
driveway
on
ground parking
for
Pomeroy
To have the
applicant
the
This would include
look at the
project
ground parking
To have the applicant
feasibility
physical
of
providing
and economic
under
aspects
of
potential
under
look at
providing more ground floor commercial in the
goals of the General Plan
what our local ordinances provides on the issue of
it relates to calculating density
Staff has conducted
Central Commercial Zone to meet the
To
have staff research
rounding
such
a
practice
about
up or down as
review and found that
our
has been to round down
rounding
ordinances
are
silent to this issue
Staff found that Senate Bill 435
it relates to
after the
only
calculated
talks
has been
up
density
original density
which as you recall was 4
43
units Therefore under past
the allowable density is four residential units for this project
as
Past
practice
OPTIONS
1
Adopt
the Resolution
FISCAL IMPACT
None
Council
Page 113
City
Meeting
of June 20 2006
Agenda Item
4 L
Page
1
AIT ACHMENTS
1
Resolution
Prepared by Randy Bloom
Community Development Director
Page 114
Meeting
Date June 20 2006
Aa
of June 20 2006
Agenda
Item
4 L
Page
2
Attachment 1
Resolution
RESOLUTION NO
R 2006
UPHOLDING THE APPEAL OF EFFIE MC DERMOTT ET AL THEREBY DENYING
PROJECT NO 05 0086 CONDITIONAL USE PERMIT COASTAL DEVELOPMENT
PERMIT VESTING TENTATIVE MAP NO 2751 FOR 690 DOLLIVER
APN
WHEREAS
Permit
CUP
the
LLC
Leonard
Grant Architect
05 0162 to the
application
for
Dolliver GrouP
005 131 036
Coastal
demolition
City of Pismo Beach
Development Permit COP
of
drive in
restaurant
for
approvals
and Vesting
and
submitted
Applicant
of
Conditional Use
a
Tentative
construction
of
Map
VTM
mixed use
commercial residential project containing 2 226 square feet of commercial space and
six residential condominium units at 690 Dolliver and
WHEREAS the
a
Commission held
Planning
Code section 17 54 020
Zoning
interested persons
duly
February 4
on
given the opportunity
were
noticed
a
consistent with
2006 at which time all
public hearings
and March 28
to be heard and
WHEREAS The Planning Commission reviewed the Mitigated Negative Declaration
and found it an adequate environmental document consistent with the provisions of the
California Environmental
Quality
WHEREAS
Planning
Development
Permit and
WHEREAS
Effie
Commission
s
Tentative
Vesting
WHEREAS
review the
on
Commission
Map
and
approved the
Map No
Tentative
and
31
others
Conditional
Appellant
the Conditional Use Permit Coastal
No 2751 on April 7 2006 and
2006
the
City
Use
Permit
Coastal
2751 and
on
June 6
appeal
Vesting
McDermott
decision
Act CEQA
Council held
at which time all interested persons
a
appealed the Planning
Development Permit and
duly noticed public hearing to
given the opportunity to be
were
heard
NOW
THEREFORE
Beach California
as
BE
IT RESOLVED
by
the
City
Council of the
The
City Council hereby upholds the appellants request
denying the Conditional Use Permit Coastal Development
Map
City
of Pismo
follows
No 2751 based
on
the
to
deny
the
Permit and
project thereby
Vesting
Tentative
following findings
1
The
proposed project
did not
2
The
proposed project
adequately
address
access
to the site
did not adequately address General Plan Policy LU
it relates to the desired mix of Commercial and Residential uses in
the Central Commercial CC District
K 3 2
as
Page 115
of June 20 2006
Agenda
Item
4 L
Page
3
Attachment 1
Resolution
3
The
4
The
proposed project
location
and
did not
adequately
operating
consistent at this time with the
5
UPON
address
characteristics
existing
proposed project will need to
before the project would
Environmental Quality Act CEQA
land
on
site
of the
uses
in the
parking
proposed
vicinity
The
further evaluate the issues of
access
come
MOTION
of
by
the
foregoing
following
compliance
is
parking
not
and
with the California
consistent with Section 15301
Councilmember
the
20th of June 2006
into
use
seconded
Resolution is
by
hereby approved
Councilmember
and
adopted
the
role call vote to wit
AYES
NOES
ABSTAIN
ABSENT
Mayor Mary
Lori
Grigsby
City
Clerk
CMC
Council
Page 116
City
Ann Reiss
Meeting
of June 20 2006
Agenda
Item
4 L
Page
4
SUBJECT TITLE
ACTIVITY REPORTS FOR MAY 2006
RECOMMENDATION
Accept information by roll call vote to Consent Calendar
EXECUTIVE SUMMARY
The attached monthly department
reports
for your information
are
FISCAL IMPACT
Not
Applicable
OPTIONS
Not
Applicable
ATTACHMENTS
1
2
Conference and Visitors Bureau
3
Administrative Services
Rice
Brasile
4
Department Edes
Community Development Department Bloom
5
Public Works and
6
Fire Turner
7
Police
Prepared by
Department
Associated
Council
Page 117
Delzeit
Cortez
Departments
City
Engineering
Meeting
Meeting
Date
June 20 2006
j
of June 20 2006
Agenda
Item 4 M
Page
1
CITY CLERKADMINISTRATION ACTIVITY REPORT
MAY 2006
City
Clerk
s
Office Activities
City Council support
Made travel
arrangements
Conference in San
League
Special projects
for
League Policy
Diego
Sept
Committee
Meeting
and Annual
6 9 2006
and activities
Recorded documents with the
County
Recorders Office
Attended the AnnualllMC Conference held in Anaheim
19 2006
Special
on
May
13
through
Events Committee
meetings 2 meetings held in May
Pismo Beach Classic Car Show
June 16 18 2006
Art in the Park
151 Sunday of each month May thru
Oct 2006
Calvary Chapel
Music
on
the Pier
Tuesday
s
June
thru October
Jubilee
Bid
Openings
Held
a
by
the Sea Jazz Festival
Oct 27 29 2006
None this month
special meeting
with Les and Pam Davidson
regarding
the 2006 Car
Show
Attended
meetings with Lew Edwards
Sworn in Police Officer Alan Darrow
Ongoing
administrative records
management
Group regarding
Sales Tax survey
activities
Handled
agenda and minute preparation review follow up filing indexing and
scanning of agenda materials for 2 regular city council meetings and several
special and workstudy sessions
Met with Kamil for Updates of the City s web pages
Updated the City s Cable Government Channel 20
Scanned documents into Laserfiche Document Imaging Program
Processed prepared contracts agreements proclamations ordinances and
resolutions including indexing copying distribution and filing
Processed and followed up public records requests
Processed special event permits
Processed claims depositions and other Risk Management matters
City Manager
s
Office Activities
Discussions with Lew Edwards Group
Discussions with staff LRDM Developer and LAFCO Executive Director
LRDM annexation
Y cent Sales Tax Ballot Measure
briefing presented
to three
separate
on
Mobile
Home Parks
Follow up
on
Smith Travel Service
Page 118
report
of June 20 2006
Agenda
Item 4 M
Page
2
Participate
in Joint
Dispatch Meetings
Follow up on 6 June Council Meeting issues
Inspect brush clearance on fire break on north side of EI Portal
Joint
City Council Planning
Commission
meeting
Car Show discussions with Mr Les Davidson
Planning
and Mr
for
home for Meals
new
on
Wheels
Discussions with Mr Bloom
Puglisi
Various recruitment and
Inspect decaying
Keynote speaker
Page 119
service
hiring
pipe
at Memorial
issues
trestle south of Kon Tiki Hotel
Day Ceremony
of June 20 2006
at the Pier
Agenda Item 4 M
Page 3
MAY 2006 CONFERENCE
VISITORS BUREAU
MONTHLY ACTIVITY REPORT
International Pow Wow Conference
The Travel
Industry
of America
TIA
annually
holds POW WOW the
largest business to
Travel Trade Show in North America Pismo Beach participates in
the CA Central Coast section and had 20 pre scheduled
computer generated business
and
made
9
additional
contacts
with
media
and travel writers through
appointments
at
business
functions
One of these contacts led to the Nine Network of
networking
business
marketplace
Australia
coming the second week of June to film in Pismo Beach for their TV Travel
program Getaway This year there were more than 1 500 domestic and international
buyers from more than 70 countries that result in the generation of over 3 5 billion in
future Visit USA travel
Official California Welcome Center
Approved By State
The State Office of Tourism notified Prime Outlets of Pismo Beach Manager Joseph Scott
that his business was chosen as one of two of the four bidders to be awarded the bid for a
new Official CA Welcome Center The current plan is to have renovations done and the
center stocked and open by the end of the season The City Manager thanked Mr Scott
and Suzen Brasile for her initiative research and energy to get it done
Press
The CVB assisted writer Jillian
Daley of Visalia Times Delta daily newspaper for a front
Travel
Plans It stated various things to see and activities to
Day
do on the coast She so kindly listed the direct camping reservation and the Visitor
Information Center 800 number the CVB contact information and the promotional website
cover
article
on
Memorial
address
The CVB coordinated Bakersfield Radio KERN AM talk show host and CVB
Boardmember Chet Hogoboom of Sea Venture Resort for an interview
Beach to listeners
promoting Pismo
Friday Memorial Day weekend rush hour drive This
repeated hourly through the evening to the Bakersfield and
during
promotion was free and
surrounding area
the
Sunset Celebration Trade Show
Over 19 000
people attended the 2006 Sunset Magazine Celebration at the Publishing
Headquarters in Menlo Park This event attracts high end affluent customers and Sunset
Magazine subscribers For the eighth year the CVB represented Pismo Beach during the
weekend long event which features home garden food and travel ideas Attendees paid
10 admission fee seniors
8
Page 120
of June 20 2006
Agenda
Item
4 M
Page
4
Menlo Park
show
s
median income is
provides prime
210 000 with the median home value at
exposure to
Advertising1J
ated
n
Bay Area
835 000
This
residents
information
requllst teacls
NO
0
Periodicals
Source
FY
Total
YTP
Sunset Maaazine
366
2 783
Travel 50
270
1 575
Westway
Los
s
Beyond Magazine
Maaazine
37
Times Travel Section
Angeles
815
24
228
Los Anaeles Times Maaazine
Smart
North
Meetings Maaazine
County Times North
480
14
San
25
Diego
Small Remnant Ad
Annual Guides
CA Visitor s Guide
Internet
86
Telephone
346
Mail
Y1tf
Total
ClassicCalifornia
com
Mail
Telephone
TOTAL
963
Current
Total User Sessions
81
222
May
115 286
Averaae Daily Visitors
Pay
940
7 428
Website Analvtics for Mav
Gro
99
Per Click
Prior
Apr
104205
3 719
474
3
3 581
433
3
ups
WriterslTravel Aaents Meetina Planners reauestina packets
KCOY TV
Tribune
In The
summer tourism
story
on
price
of
gasoline story
CWC
Spotlight Magazine
Program
and the
assistance
Activity
Westlake
Village Quarterly
Arts
Entertainment
Guide
Page 121
of June 20 2006
Agenda
Item 4 M
Page 5
NDS
Corporation Woodland Hills Aug 06 3 day midweek conference
Jensen Family Reunion July 2006 3 days 100 family members
Byers Wedding Group
Copeland Engagement party Ohio
RV Senior Life Magazine
Wave Magazine
California Heartland RV Group 30 rigs June 2006 5
nights
Travel Syndicate of Woodland Hills
Myers wedding October 2006 Margo Dodd Gazebo
20
rms
AAA Los Gatos office
Getaways Travel
Amster
Nevada
Reunion
City CA
Long Beach
June 2006
Family
Scott Family Reunion Antioch CA 2007
4th grade student Riley with school project St Phillip
Eastern
Cal
Michigan University Map Library
Poly
student communications
Writer Don
National
Koeppel
John Walsh Australian
Today
Senior
s
School Pasadena
Pismo Beach Guides
for
non profit organization
project
Geographic Adventure Magazine
Getaway
Magazine story
Travel television shoot for June 2006
on
Pismo Beach
Promotional Materials provided to
Dolphin
51 rigs
meeting
are
RV Club Pismo Coast
Village Welcomed the Dolphin RV Club consisting of
100 persons at Pismo Coast Village RV Resort for their annual coastal
This group returns yearly to Pismo Beach and stays 5 7 nights
Folks
from Los
Angeles
Pasadena
San
Diego
Ventura
various southland
areas
and
Arizona
Marlowe
Company Group Washington
D C
State
of California Welcome Center
CWC
Rep
Welcomed another
Site
Inspection Group
returning
group at the Cliffs Resort A CA State Northridge
Tau
50
attendees
have been gathering here in Pismo
Fraternity
Kappa
Beach the past four years
Local Rick Turton is the organizer consisting of various
Pi
restaurants
golf
Public Works
etc
Dept
to
display
at SLO Farmer
s
Market for Public Works Awareness
Week
News
System Groups aka Knight Ridder Conference 60 newspaper staff
the country
Monterey County Police Chief Conference 20 attendees Cliffs Resort
American Society of Travel Agents
Harris Pacific Users Group Finance Dept Fixed Asset Module class
from
across
Page 122
of June 20 2006
Agenda
Item 4 M
Page
6
ADMINISTRATIVE SERVICES DEPARTMENT MONTHLY REPORT
MAY 2006
Administration
Price Index
County
percent change
the
the
4 67
May
report
CPI
area
2006 is down
April
in the CPI for the twelve months ended in
twelve months ended in
April
was
that the current 12 month CPI increase
The
April
2006 TOT is
just
over
from
slightly
2005
2006
April
was
The 4 67
in March 2006
when
the
CPI
increase
for the
ago
year
second
time
in
the
last
24
months
the
only
12 months ended
for last month
same as
increase for
the US Bureau of Labor Statistics released its Consumer
Riverside
for April 2006
For the Los Angeles
Orange
17
On
a
4 79
was
443 000
less than that
a
which is above
year earlier
April
2005
by
9 9
or
40 000
which was
768 207
TOT revenues for the two months of March and April 2006 totaled
The Year to Date TOT
higher than the 766 526 for March April 2005 by 1 681 or 0 2
amounts
to 4 273 000
Revenues for the first ten months of FY 06
through April
which is above
comparable
10 month FY 05 TOT
by
7 7
or
7 7
above FY 05 Total TOT for FY 06 would be
in
the
May 16 General Fund Update
projected
also
are
The Admin Service Director attended the
participated
source
and 2
nights
approved by
room
of
in discussions
Modifying
other units
the CVB Board
emerging strategic
being
and
modified
use
by
regarding
the
or
1
City
s
June TOT
the
on
same as
data
numbers of
monthly The two steps were discussed and
provide sufficient data for timely sensing
needed to
trends related to TOT
Operators
May
May 17 CVB Board meeting and
Subscription to a tourism industry
revenues
and other TOT related materials
Hotel
If
5 3 million
TOT return form to collect data
rented
as
307 000
et ai
starting
in
are
The TOT Tax Return forms
being prepared
are
for distribution
July
The Admin Service Director and the Accounting Manager met on May 15 with Lloyd de
Llamas of HdL the City s Sales Tax Analysts regarding City Sales Tax Revenues received
to March 2006 for retail sales which occurred in October to December 2005
The HdL data and estimates for
which also is called the 4th Quarter for Calendar 2005
FY 06 are compatible with the current ASD estimate of 2 1 million sales tax revenue for
in
January
FY06
In May
the California Municipal Finance Officer s
Accounting
of
Pismo
Beach
with an Outstanding Financial Reporting
City
Annual
Financial
Certificate for the Comprehensive
Report for Fiscal Year FY 05 ending
June 30 2005 The City previously received this award for FY 02 and FY03
and
Finance
Association awarded the
Finance
Department
staff
participated
in Fixed Assets
Training
System software Harris Select Bob Allison trainer for
performed the training on site in the City Council Chambers using
Financial
Also in attendance
same
software
learned
a
great
as
were
the
employees
from the
City
of Visalia who
the
City s
Harris Computers
on
the
are
new screens
also
using the
like they
City of Pismo Beach Overall the employees felt
are ready to start entering data into the Fixed Asset
deal and
Page 123
of June 20 2006
Agenda
Module
Item
4 M
Page
7
in the Select Financial
The
System
City
received an interest payment of 132 000 from Southwest Securities the
Investment Broker for interest on the City s investments for the nine month
period July 1 2005 through April 30 2006
City s
The Finance
Department sent out a notice to all City Departments advising
just around the corner and to begin preparations to make it
the year end is
transition from
one
Accountant Sue Towne worked with the other City
list of all City Fees City Management will be
reviewing
of which have not been
was
updated
for several years
prepared by
the
City
s
consultant Wallace
State this week
225 000 to the
Interceptor Project The
Group and submitted to the
Accounts
Asset
Payable and Payroll The Accounts Payable Clerk participated in the
training and became more familiar with using the Harris Financial System
Information Services
The City
normal activities from trouble
new
easy
Departments and compiled a
options for updating the fees
Finance staff submitted reimbursement request 1 in the amount of
State Water Resources Control Board for the Park Cypress
report
an
year to the next
City
some
them that
Fixed
computer technician work focused on
shooting computer issues to setting up
s
computers
City
Council
124
Page
Meeting
of June 20 2006
Agenda
Item
4 M
Page
8
ADMINISlRAllVE SERVICES DEPARTMENT STAllSllCAL ACllVlTY REPORT
FOR THE MONTH OF MAY 2006
Accounts
Pavable
Invoices entered
New
New oontract
583
Checks issued
purchase orders
Change
243
purchase
Total Voids
6
8
4
5
1
2
890 177
140 464
processed
1 501 774
1 126
0
2 050
3
0
3
58
62
34
0
8
9
175
302 914
688
TOT
Business License certificates issue
Bus Lie Adjustments
496
409
652
Total Voids
Business License
476
16
2 020 615
paid
Total Invoices
763
344
12
orders issued
Total dollar arrount of all P Os issued
533
23
issued
CXders Amended Pas Issued
Total TOT
March
ill
Mav
Change
CXders
443
O1arges
316
326
PavroII
New ellllloyees entered
3
2
2
processed
2
2
1
Terminations
31
28
28
197
204
207
435 290
440 612
443 208
290 291
295 550
297 467
24
42
56
1
7
11
O1ecks issued
Automatic
Deposit Transactions
Total gross salary
Total net salary
Employee file maintenance Changes
Retro pay calculations
Utilitv BiIliIlQ
Utility
1 955
1 955
bills Shell Beach Area
425
2
Area
lo
l
Utility bills M1town
Delinquent notices Shell Beach Area
Delinquent notices
Cash receipts
155
lo
l
M1town
Area
340 463
Water
11
lv1eters set
change outsChange CXders
Oosing bills Billing Adjustments
Tenant depositsDelinquent Oosed
1
Meter
WriteOff
2
125
36 9
Invoices
5
9
6
Uncollectible
Page 125
1
274
Payrrents from OJstomer Accounts
outs
Lock
276 366
2 158
OJstorner acoounts paid
ACH Direct
288
268
of June 20 2006
392
702
419
2
267
228
16 3
11
152
51
758
4
14
8
118
9
31
8
16 8
13
5
4
0
Agenda
Item 4 M
Page
9
Planning Division May 2006 activity report
IGeneral Administration
Public
Servicel
Permit
Commission and 2 for Council
Continued
meetings
tracking system
use of the permit
tracking system Work on data
base
Public
updating
underway
Planning services
is
9
Contract
New
Administration of contract
planning services is ongoing
Complaints
the Preserve
project
permit
Routed 2
mailed 9 for
staff
approximately
and
Open Space
Dinosaur Caves Park
o
and
with HallPark Rental information
receiving payments
registrations
Beach Access and
600
Recreation division assistance
by phone and at the counter
Planning
IParks
450
public inquiries by phone
at the public counter
filing
Prepared
4 staff level permits
Inquiries between 5
members responded to
Public
Commission
Coastal Notices
and mailed
notices
Agendas and packets
preparation distribution for
Planning Commission meetings
and
new
departments
Prepared
Division web page
continued update
copying
2
plans for review
and comment from other
Planning
resolutions
for meetings
Received 12 set up
files
environmental and
processing for Promenade 4
Ira Lease park
Planning
planning permit
applications
for the Los Robles Del Mar
project
Notices mailed
Hearing
The installation of minor trails and
and class
Planningl
amphitheater irrigation
Ira Lease Park
Plans are awaiting engineering division
documents and advertisement for construction
is
underway
preparation
of bid
Future annexations
Cottonwood sphere of Influence amendment and annexation
application
no
action at this time
Awaiting property
to respond to City s 2002 letter of
project incompleteness
King and Thille property sphere of influence amendment application
LAFCO approved Sphere of Influence amendment future
annexation request is
anticipated
City
Council
126
Page
Meeting
of June 20 2006
owners
Agenda
Item 4 M
Page
10
Los Robles Del Mar annexation
Lafco review is scheduled for
application
August
Discussions with staff have resumed
The Preserve
IDevelopment proposalsl
projects 30
pending applications
Plan checks and staff level
Planning
Commission
residential homes
990 Fresno
310
992 Fresno
920 Fresno
851 Hanford
728 Ocean
additions
Cuyama
274 Boeker
Commercial and other
development
General Plan amendments and
110 Oak Park Road
555
Cypress
Retail Commercial Residential mixed
1127 Shell Beach Road mixed
25 lot subdivision
project
project
dining project
1331 Price outdoor
481 Ocean View
use
a
use
8 unit town home
690 Dolliver
mixed
640 Dolliver
mixed
project
project
use project
use
8 unit vacation rental
4 unit condo
180 Ocean View
238 Ocean View
mixed
100 Five Cities Drive
use
project
self
storage
industrial condos and
retail
360 Park Ave
16 unit
project
2900 Shell Beach Road
590 Price
mixed
use
2 unit condominium
430 Ocean View
695 Price mixed
501 Price
22 unit subdivision
office residential
use
concept
residential and commercial
review mixed
611 Five Cities Drive
Page 127
project
project
project
use
freeway sign
for
project
Denny s
of June 20 2006
Agenda
Item 4 M
Page
11
Recreation Division
Summer Proarams
Summer planning is
registration
is
complete
for
multiple
May 2006 activity report
programs The Leisure
guide
went out and
underway
Page 128
of June 20 2006
Agenda
Item 4 M
Page
12
Little Leaaue aareement
Baseball practice for Beach Cities Little League has begun with the agreement between the
League and City in place for Rooker and Ford fields Restoration of Blair field continues
with discussions
suggestions
from the Babe Ruth
league
for fall ball
Senior Dance
The Senior Dance
was
held
successfully
on
May
with 71 enthusiastic seniors in
1
attendance
Stride with the
Planning
on
for the Stride with the Tide 5K
or
1 OK fun
run
has
begun
The event will be held
Augustfifth
Council
Page 129
City
Meeting
of June 20 2006
Agenda
Item 4 M
Page 13
PUBLIC WORKS AND ENGINEERING DEPARTMENT ACTIVITY REPORT
MAY 2006
Treatment Plant Construction
The treatment
plant
is
nearing completion
and the ribbon
cutting
is scheduled for
July 18th
PUBLIC WORKS ACTIVITIES
Parks Crew
The
crew
is
busy keeping
up with the growth of Mother Nature
Replaced
Maintained ground squirrel bait stations Turned
playground equipment at Spyglass Park
all irrigation controllers back on Painting
trash
Heavy
Harrington
run
this month
the tourist
of the
season
pier rails and restrooms was
is here
BBQ replacement at
Park
Streets Division The
crew
the No Left Turn
Dolliver and
on
installed drain and painted
Pomeroy
city
completed
Mary
section of the seawall Installed
for the
busy summer season Replaced faded
program continues with emphasis downtown
Preparation and breakdown of many special events this month Continued with sidewalk
grinding program Repair beach volleyball courts Placed lifeguard towers on the beach for
the season The compass on the pier was painted Government Buildinas Technician
The
technician repaired plumbing at public restrooms
Hall
for
duct
Preparing City
cleaning in
June Assisting Streets Division on many
projects Serviced the HVAC at the Police
Department Repaired the AC at Bello Vet s Hall Steam cleaned sidewalks at
City Hall
Checked operation of panic buttons at
City Hall Repaired leak on HVAC unit at City Hall
Water Division Crew completed flushing dead ends Switched to free chlorine in the
signs
in the downtown
core
Striping
distribution
system Replaced the chlorine analyzer at well 23 Completed and mailed the
Consumer Confidence Report Installed a new check valve at well 5
Pump 2 at Pismo
Oaks booster is pulled for repairs Wastewater Tours of the Wastewater
facility were given
to the Chamber of Commerce and
Engineering Department Wastewater
is
facility
operating at 98 removal rate Completed effluent outfall tie in and put new outfall
pumping station and chlorine contact chamber online Staff trained on various new
operations at the facility Replaced main breaker in the OAF pressurization pump Drained
clarifier 2 to remove 3 aluminum kick plate New headwork s screen was
inspected by
manufacturer found defective seal Replacement of seal
expected in three to four weeks
Crew responded to a sewer spill at the Sea Crest Resort
Approximately 500 to 1000
gallons spilled due to a grease rag plug Planned power outage from PG E affected the
Vista Del Mar lift station The station
operated on standby power with no problems
Experienced high coliform readings on the plant effluent due to a programming problem in
the Stantrol 960 The problem was diagnosed and fixed Motor Vehicle Repair Division
The fleet mechanic inspected serviced and
repaired various pieces of equipment for
Public Works Police and Fire Inspected and
repairing Public Works communications
Lifeguard truck was completed and put into service Repaired the air brake system on the
loader Shop cleanup and repairs Billing and restock of
parts
Page 130
of June 20 2006
Agenda
Item 4 M
Page
14
ENGINEERING CAPITAL IMPROVEMENT ACTIVITIES
Promenade 4 Pier Plaza to Main Street is in final design and the environmental
Permit are in process The start of
process and the application for a Coastal
construction is
for October 2006
targeted
Pismo Oaks Lift Station
in the lift station
the project on hold to consider a modification
accommodate
Los Robles Del Mar In addition
needed to
new SCADA consultants that may be used in the design
Staff has
staff is
design
attempting to identify
of this
project
put
Project funding has been approved by SLOCOG
Staff has completed the project study reports A new schedule is pending
Work on the treatment plant is nearly
Remodel and building addition at Corp Yard
complete so the project has been reopened for review and preparation for bidding
Chumash Park paved parking lot Burke Construction began work and completed
the paving at the end of April The project should be complete by the second week
Price Street at Dinosaur Caves
in
May
Harbor View Waterline and Street Repair Project The main project is complete
Staff is negotiating change orders with Specialty Construction in an effort to
complete the
final
project
pay request
Management Plan
complete the Management
Pismo Creek Watershed
Enhancement to
Water Quality Control Board
punch list items are holding up the notice of
proposed for Longview however staff is negotiating a
Miscellaneous
Seals
completion
are
Slurry
Repairs
Staff is working with Salmon
Plan as stipulated by the Regional
Minor
schedule
Longview Waterline
their proposal
Staff has identified
Dinosaur Caves Park
Amphitheater
second and third
areas
lawn and
phases
of the donor
design
consultant and is
Staff is
working with
supported projects
Construction
irrigation
a new
on
the
reviewing
complete the
include the play
donors to
which
Amphitheater
is 80
complete
Dinosaur Caves Park Trails project The project was awarded to Stratton
Construction Contracts were signed in late April and work will begin in early May
Staff has secured SLOCOG funding Staff has begun
LED Signal Conversion
administration Bidding has been delayed slightly but the project
on
funding
working
can
still be
completed by
summer
2006
Bids were received for the
Sewer Trestle Bridges
is scheduled for the first Council meeting in May
Indio Ocean Outfall
second week in
Work has
GIS
and is
ready
Park
The
to
appeal period
a
anticipated
to be
report
for award
complete by
the
a
approved
is
over on
the donation
May 9th
Planning
Staff is
has
completing
the
contractor
questionnaires
to all
departments requesting
information
GIS status
report
Emergency Repairs
needed to prepare
Harloe
Council has
identify
Staff has circulated
Cypress
and is
A staff
May
Flagpole at Chumash
approved the permit
design
begun
project
The
sewer
and water mains
lift station
was
installed and
put
and abandoned in place
vehicle traffic away from
were cut
operation and the old sewer
The street at the end of Harloe was reconfigured to keep
the edge of the eroding bluff and to control the drainage in the area Work is
to Harloe Streets
completed to install fencing and curbing on Cypress from San Luis
20
2006
of
June
Council Meeting
Item 4 M
into
City
Page
131
Agenda
Page
15
to
improve pedestrian and vehicle safety A Notice of Completion will be presented
City Council at the June 20th meeting
Wilmar Beach Stairway
An engineering design contract was
given to Boyle
for
Engineering
design services related to the replacement of the stairway It is
to the
anticipated
that the
project
will
begin
construction after Labor
Day
this year
DEVELOPMENT REVIEW ACTIVITIES
During
the month of
May project development review staff performed plan checks for 22
4 multifamily projects and 2 commercial
projects There were 122
requests for information that were responded to and 56 field inspections
performed during
the month Engineering staff issued 10 encroachment
permits and 1 encroachment
agreement was approved by the City
single family
homes
Council
Overtime
As of Mav
2006
Engineering
Gov t Buildings
63
Park Maintenance
Streets Department
37
64
Water
63
Wastewater
86
MV
36
3
Department
Department
Operations
Public Works and
Engineering
Total Dollar Overtime Budget Amount
Amount Expended
Amount
City
Council
132
Page
Meeting
Remaining
100 200 00
65 504 00
34 696 00
of June 20 2006
Agenda
Item 4 M
Page
16
City of Pismo Beach
Fire
f
Department
LJ
Matt Jenkins Fire Chief
J
0
f
AI
i
ActIVlty
J
Submitted
by
7
Rep
Battalion Chief Mike Harkness
Administration
1
Mike Harkness attended a
May 3rd with Chief Cortez and
regional dispatch consolidation meeting on Wednesday
City Manager Kevin Rice The group met again on June
h
2
On
Monday morning May
15 we had a series of calls over a 5 hour
period
that
graphically displayed how efficiently and professionally the current fire protection
area
program works regionally in the five cities and surrounding county
5 30 A M
A structure fire is
reported
in rural
Nipomo
As per the
off Los Berros rd
plan for south county two CDF County Fire engines were dispatched
along with a fire engine from Oceano a CDF investigator a CDF Battalion Chief a
mobile breathing air refill station and a 3 000 gallon water tender On arrival the first
automatic aid
in
well involved 3 000 sq ft barn partially converted to a housing unit with
multiple vehicle and housing units exposed to the fire The captain called a second
alarm at which point a CDF Pismo Beach engine and an Arroyo Grande engine were
also
CDF County Fire dispatch moves a CDF County fire engine from Avila
engine
found
a
dispatched
Valley into the City to provide additional
coverage with
our
full time staffed
engine
at
Shell Beach
at Pelican Point in Shell Beach The CDF Pismo
Beach engine is dispatched
our Shell Beach station in addition to the Avila Valley
engine already stationed in the City A CDF Battalion Chief and the CDF Pismo Fire
in addition to the Coast Guard Port San Luis Harbor
rescue squad are also
A surf
8 10 A M
is
rescue
reported
from
dispatched
lifeguards
Due to the full commitment of resources CDF
dispatch center starts an additional engine from our CDF headquarters in San Luis to
cover the City Two fire personnel are ready to enter the water in wetsuits but are not
Patrol and State Beach
needed due to the State
Lifeguard effecting the
rescue
from
a
personal
watercraft
structure fire and requests automatic aid
assistance CDF dispatch sends the engine coming from San Luis Obispo to assist
Grover When the fire engines are released from the surf rescue incident by the police
Grover Beach breaks
8 12 A M
one
department
Park
an
8 45 A M
CDF
to Grover
City to
assist and
one
the five cities CDF Pismo Beach call back
additional engine at Bello Street
staging
staffing
engine responds
a
to
cover
Medical aid
County
fire
on
Whitecap
street in Pismo Beach
engine
goes to
personnel
Oak
are now
The CDF Pismo and
engines respond
Page 133
of June 20 2006
Agenda
Item 4 M
Page
17
8 51 A M
Medical aid at the police department The CDF Pismo
engine diverts to the
medical and the CDF County fire engine handles the
Whitecap incident Upon
release the CDF Pismo engine covers the
City the CDF County engine goes to Oak
Park staging to cover five cities
new
9 34 A M
Smoke check in
a
business in
Arroyo
Grande
The CDF
at Oak Park handles the call
10 39 A M
fire
engine
11 00 A M
County
fire
engine
Medical aid at Pismo Dunes mobile home park The call back CDF Pismo
responds and Grover Beach responds an engine automatic aid
All
equipment
released and back in
quarters
Personnel
We are
extremely pleased
to announce the
rank of CDF Fire
promotion
Apparatus Engineer
has worked as a CDF firefighter
of
Frank has been
for 6 years
Shell Beach station
Firefighter Frank Paz to the
firefighter for the City
a reserve
for the past 4 years 3 of those
years at our
and will attend the CDF Fire Apparatus
Engineer academy near
Sacramento beginning May 22 While we are
very proud of our reserve
who
move on
to full time
to be able to hire
firefighter positions with other
them into our system locally
fire
agencies
firefighters
gratifying
Statewide it is
Lifeguards
1
Fire and
lifeguard
The first
was on
where
swimmer in distress
staff
responded
to four surf
rescues
in the last 7
days
of
May
Tuesday May 23
at the end of the Grand Avenue ramp on the beach
reported to have been seen going under the water
and not surfacing Fire staff worked with State
parks lifeguards a Coast Guard rescue
boat Port San Luis harbor patrol and a Coast Guard aircraft
searching the water for 2
hours We had two teams of 2 rescue swimmers in the water The victim
was not found
a
was
On
May 27th a fisherman fell in the surf near 1 000 steps in Shell Beach broke his
ankle and went under the water Fire staff from Shell Beach station
entered the water
and rescued the gentleman
On
the
May 28th Lifeguards
rip with a successful
entered the water North of Pismo Pier for swimmer
caught
in
rescue
On
Monday may 29th Fire and Lifeguard staff responded again to the end of Grand
Avenue ramp for a report of a fisherman in waders who had been seen
knocked down
and swept out to sea Fire staff again worked with State Parks
lifeguards a Coast
Guard rescue boat Port San Luis harbor
patrol and a CHP helicopter searching the
water for 2 hours We had three teams of 2 rescue swimmers in the
water The victim
was not found 3
2
Lifeguard staff began staffing the lifeguard truck and two towers
We began staffing all four towers on
Saturday June 10th
Page 134
on
Saturday May 27th
of June 20 2006
Agenda
Item 4 M
Page
18
3
Over the weekend
12 13 and 14
May
on
3
Avila Beach and
Sunday
was
4 Our third swim test for Junior
in
began teaching
our
lifeguard academy
Morro
21
which
Lifeguards
to
another
Bay and County guards We taught
completed our academy Saturday
Morro Bay
lifeguards from Pismo Beach
day session on May 19 20 and
new
we
was on
Wednesday night May
was at
17th
Fire Prevention
Fire staff
inspected
compliance
and
we
The
all
city
property
again inspected
lots for weed abatement compliance Staff found 166 lots out of
owners will be notified by mail They had until June 1 to abate
on
June 5
Statistics
Incident Summary Report
Type of Incident
Number of Calls
1
0 94
60
56 60
6
5 66
Fire Alarms
2
1 89
Fire Menace Standbv
0
0 00
Floodinq
0
0 00
Gas Leak
5
4 72
Other
43
9
10
Medicals
Debris
Emerqencv Medical
Public Service Assistance
3
2 83
Smoke Check
2
1 89
Structure Fire
15
14 15
0
0 00
Vehicle Fire
2
1 89
Wildfire
106
100 00
Traffic Collision
Descriptive
Other
Area
11 32
Palisades
A
Sovoiass
B
Shell Beach Villaoe
C
2
10
3
5
7 55
9
2
10 38
0
1
0 94
Mattie Rd
D
49
8
Shorecliff
E
7
2
Council
Page 135
City
Meeting
of June 20 2006
Agenda
Item 4 M
Page
19
6
5
10 38
Downtown
F
12
8
18 87
Heights
G
5
0
4 72
Ventana
H
6
2
7 55
Trailer Parks
I
1
6
6 60
Five Cities Dr
J
9
5
21
13
James Wav
K
Total
106
Page
136
100 00
of June 20 2006
Agenda
Item 4 M
Page
20
Pismo Beach
Police Department
n
I
J
I
e
t
il
JI
MONTHLY CASE COUNT BY OFFENSE
MAV 2006
MONTNlY
VIOLATION DESCRIPTION
TOTAL
CHILD ABUSE
1
INDECENT EXPOSURE
1
UNGER ON PlIVATE PlOPERTY
RECENINGlCONCEAUNG STOLEN PROPERTY ETC
1
RIGHT TO REIMPRISON PAROLEE
1
SAFEKEEPING
1
PROWL LOITER
1
AL TEREDIFORGEDICOUNTERFEITED DOCUMENT
1
ANY VEH IN
1
ACCIDENT CAUSING DAMAGElSTOP
ASSAULT WITH DEADLY WEAPON OR INSTRUMENT
1
ATTEMPTED AUTO BURGLARY
1
ATTEMPTED RESIDENTIAL BURGLARY
2
ATTEMPTED
1
SUICIDE
AUTO BURGLARY
5
BATTERY
1
BATTERY WITH SERIOUS BODILY INJURY
BAttERY SPOUSEIEX SPOUSElDATElETC
1
1
BURGLARY
1ST DEGREE
7
BURGLARY
2ND DEGREE
7
CIRCUMSTANCES PERMITTING REMOVAL
DANGER TO SELFIOTHERSlGRAVELY DISABLED
DISORDER
Y CONDUCT DRUNK IN PUBLIC
DOMESTIC DISPUTE
DOCUMENTAllON ONLY
DRAWS EXHIBITS ANY DEADLYWEAPON NOT GUN
DRIVE WHILE SUSPENDED FOR CUI
DUI ALCOHOLlO Oll
3
1
ANINNKEEPER
DEFRAUD
1
14
1
1
1
4
PERCENT
DUI ALCOHOLlORUGS
12
FICTITIOUS CHECKS MAKES UTTERS PASSES ETC
1
FORGED INSTRUMENT FALSE RECORDS ETC
1
FOUND PROPERTY
9
FRAuDULENT USE OF CREDIT CARD
GENERAl INCIDENT
2
GRAND THEFT
2
GRAND THEFT EXCEEDING 400 DOLLARS
3
IMPOUNDED VEHICLE
7
INFLICT CORPORAl INJURY ON SPOUSECOHABITANT
LOCAL BENCH WARRANT MISDEMEANOR
1
LOSTISTOLEN PROPERTY
8
B
4
MEDICAL ASSIST
1
MISSING PERSON
4
WORDSJPRODUCE VIOLENT REACTION
OUTSIDE WARRANT FELONY
3
OUTSIDE
8
OFFENSNE
WARRANT MISD
PERFORMANCE CERTAIN ACTSlFALSE
CHARACTER
1
1
5
PETTY THEFT
POSSESS MARIJUANA
POSSESSMARWUAN
1
OZ OR LESS
1
ASHISH
1
Page
PllPD
RepCll1
MIS
03A
Council
Page 137
City
l
Prlnl9c
0610812006 12
Meeting
57
1
00
of June 20 2006
Agenda
Item 4 M
Page
21
Pismo Beach
Police
Department
MONTHLY CASE COUNT BY OFFENSE
MAY 2006
MONTHLY
VlOLAnON DESCRIPTION
TOTAL
POSSESSION OF
2
CONTROLLED SUBSTANCE
POSSESSION OF MARIJUANA IN VEHICLE
1
PROPERTY TO BE
DESTROYED
PROWLINGPEEKING IN DOORiWINDOW
2
PUBLIC ASSIST
1
RECEIVE OR CONCEALING STOLEN PROPERTY
1
RECOVERED PROPERTY
1
RETURNED MISSING PERSON
1
SKATEBOARD IN PROHIBITED AREA
SUSPENDEDIREVOKED DRIVERS LICENSE
3
SUSPICIOUS CIRCUMSTANCES
4
SEE RPT INFO
1
1
TAKE VEHICLE WIO OWNERS CONSENT
6
THREATEN CRIME WITH INTENT TO TERRORIZE
5
TOUCH PERSON INTIMATELY AGAINST WILL
1
TRAFFIC ACCIDENT
15
TRESSPASSING WIO CONSENT OF OWNER ETC
1
UNAUTHORIZED DESTRUCTION OF PROPERTY
1
UNDER INFLUENCE OF CONTROLLED
3
SUBSTANCE
UNLAWFUL DISPLAY EVIDENCE OF REGISTRATION
1
UNLICENSED DRIVER
6
USE OF
FRAUDULENT CREOlT CARD
VANDALISM 400 OR MORE DAMAGE
2
VANDALISM LESS THAN
2
3
400
VANOALlSMfGRAFFITl
2
VEHICLE ILLEGALLY
1
PARKEDfBLOCKING DRVWY
VIOLATION OF COURT ORDER
1
PBPD
Report
2
oo3A
MIS
PrInted
1200612
06108
Page 138
57 00
of June 20 2006
Agenda
Item 4 M
Page
22
Pismo Beach
Police
jir
A
r1
Department
t
i 11
lJIonthly Statistical Report
05IQ1f06
11l
j
J
lI
t
Ihrough05l31 06
Seme Period
CurrenlPerlod
load
Wori
Tolel
1392
Total Self Inillated Activity
Total
01
CaUs fer Service
Cleered
Cleared
Last Vear
100
U4
100
Chenge
15
32
72
52
31
919
55
90
20
67
663
47
62
725
14
09
8
55
TOlellncldenl R
out
Mlll
Reports
o
Homicide
o
Re
o
Robbery
o
Asseults
Burglary
Thells
2
Motor Vehicle Theft
Forgery I Fraud I Embezzlement
s
3
5
12
2
7
1
0
0
3
1
0
3
3
25
00
D U 1
10
10
11
11
Uquor Laws I Drunkeness
Aft other Offenses
14
14
55
55
19
35
Vandalism
ns
Offenses
W
Prostitution I Sex Offenses
Offenses
ainstFamti
125
10
155
2 7
127
7 59
Tolal Crimea Reported
19
Total Arre ts
95
113
15
92
Adult
8
105
15
23
6
a
25
00
0
0
Juvenile
Warrant Arrests
PBPO
11
7
9
Report MiS 5 001D Prfnled 06f06J2006
Page 139
of June 20 2006
Agenda
Item 4 M
Page
23
Pismo Beach
Police
Deparlment
INCIDENT STATISTICAL SUMMARY
by Major UCR Categories
MAY 2006
CURRENT
PREVIOUS
YEAR
MONTH
d
J
1
w
t
cik
PERCENT
YEAR
CHANGE
i
TO
l lfi@j0 i
ff
W
PREVIOUS
PERCENT
YEAR
CHAHOE
DATE
rliiY
WgJit
1
6
0
0
0
0
0
0
JUSTIFIABLE HOMICIDE
0
0
0
0
0
III
s
111i
l
i
V
111I 1l
Y
U
f
1t iillIiIIi iiii7
lI
t1jJ Wi
1
o
2
N
YoY
c
lfo
l
1
o
0
0
SODOMY
0
0
0
o
0
FONDUNG
0
0
0
0
o
0
0
0
0
COMMERCIAL OT1fER
Q
0
0
0
GASlSERVICE STAnoN
0
0
o
0
0
0
0
0
o
0
0
2
1
RESIDENCE
100
o
0
0
0
0
BANK
Q
o
I
0
0
0
0
o
I
0
0
0
STORE
if
0
0
1
0
1
0
0
4
SIMPLE ASSAULT
0
0
0
0
SIMPLE STALKING
too
1
1
0
7
10
THREATJlNTIMIDATIOH
3D
2
3
33
21
16
31
1
I
ll
UNLAWFUL ENTRY NO FORCE
ATTEMPTED
1fl
I1
f1
i
JI
11
3
1111
f
i
JlIIlIir ijll
5
120
I
0
lf
l
0
0
0
SHOPUFTlNG
2
T
71
FROM MOTOR VBHICLES
8
1
700
MOTOR VEHICLE PARTS
0
l
0
BICYCLES
0
1
100
FROM BUILDINGS
1
1
0
COINOPERATEDOEVICES
0
1
100
ALL 01ltER
6
10
40
il1l
li
1
26
39
0
0
pi
0
r
2
100
is
32
63
21
22
0
s
1
3
100
3
04
ol
0
0
13
17
f
l
1
l1l
J
I
w
PURSE SNATCHING
m J10
ltlIli
1llIyjll
0
11
64
0
3
100
46
41
12
1
re
ltt
rd
TRUCKS AND BUSES
0
3
0
4
100
MOTORCYCLES
0
0
0
0
2
OTHER VEHICLES
100
0
0
0
0
0
0
0
0
v
IIIH
l
1fJI
mW
E wM
1t 1tIm
II
J
100
I
mWim
lriEfr1
m
Lt 1
im
IHA
I
0
0
nt
lJl
0
ABANDONED
0
0
0
0
0
0
ATTEMPTEO
INHABITED
0
0
0
0
1
100
ATTEMPTED
ABANDONED
0
0
0
0
0
0
11
J imJlj
111
ti1lI
J
L
Nrn
rI
PAPO
oo2A
NC
Council
140
PrtnIed
V2
Q
l
I0612
Meeting
l
0
IlIII
o
tJ
AGGRAVATEDSTALJ ING
Page
1
0
MISCELLANEOUS
City
0
I
RAPE ATTEMPT
COtCYENIENCE
Report
C
o
MANSLAUGHTER
Page
57 52
of June 20 2006
Agenda
Item 4 M
Page 24
1
TITLE
SUBJECT
A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH ADOPTING
THE FY 07 APPROPRIATIONS LIMIT FOR THE CITY OF PISMO BEACH
RECOMMENDATION
By
motion
adopt
resolution
setting
the FY 07
Appropriation
Limit
EXECUTIVE SUMMARY
In the Constitution of the State of California
Article 13B Government
Spending
Limitation
Section 1
provides that The total annual appropriations subject to limitation of the State and
each local government shall not exceed the appropriations limit of the entity of government for
the prior year adjusted for the change in the cost of living and the change on population
except as provided in this article
A year ago at its June 21
for FY 06 at
17
450
363
The
Regular Meeting the City Council
State Department of Finance has
in the California Per
percentage change
3 96
2005
set the
appropriations
informed the
City
limit
that the
Personal Income to be used for FY 07 shall be
in Pismo Beach s population to be used for FY 07 shall be
and that the
Capita
percent change
reflecting a population decrease from 8 662 to 8 617
Adjusting the FY 06
in
limit
the
above
noted
California
Per Capita Personal
appropriations
by
percentage changes
Income and the Pismo Beach population yields an FY 07 appropriations limit of 17 957 177
minus 0 52
The FY 07
appropriations
subject to this limit amount to 10
appropriations limit of over 17 9 million
that
within the above noted FY 07
are
546 147
which is well
FISCAL IMPACT
None
OPTIONS
1
Accept the proposed Gann limit calculation and amount
Propose a different calculation figure and recalculate limit
2
from base year
ATTACHMENTS
1
Resolution No R 2006
adopting the FY 07 appropriation limit
Worksheet Calculation of Gann Appropriations Limit
2
3
May
2006 Letter
Prepared by
Submitted by
Documents from State
Susan West Jones
George
Department
of Finance
Accounting Manager
Meeting
Date
June 20 2006
Edes Admin Services Director
j
Agenda
Item 4 N
Page
Council
Page 141
City
Meeting
of June 20 2006
1
RESOLUTION NO
R 2006
ADOPTING THE FY 07 APPROPRIATIONS LIMIT FOR THE
CITY OF PISMO BEACH
WHEREAS
Article XIII B of the California Constitution provides that the
appropriations subject to limitation of each governmental entity shall
not exceed the appropriations limit of such entity of government for the prior year
adjusted for changes in population and inflation as mandated by Proposition 4
passed in November 1979 and Proposition 111 passed in June 1990 except as
otherwise provided for in said Article XIII B and implementing State statutes and
total annual
WHEREAS pursuant to Article XIII B of said California Constitution and
Section 7900 et seq of the California Government Code the City is required to
set its appropriations limit for each fiscal year and
WHEREAS
information
on
the
the State Department of Finance has provided the required
Change in California Per Capita Personal Income and on the
Change in Population for the City of Pismo Beach to be used for adjusting
06 appropriations limit to calculate the FY 07 appropriations limit and
WHEREAS
the
pursuant
to
Section
available
to
the
appropriation
City
has calculated the FY 07 appropriations limit and
California Government Code has made
7910 of the
public
the
documentation
California that said
be set in the amount of
UPON
and
June 2006
to
calculate
the
FY
07
appropriation
by
the
City
Council of the
City
of
limit for Fiscal Year FY 07 shall
17 957 177
MOTION of Council member
Council member
by
passed
used
limit
NOW THEREFORE BE IT RESOLVED
Pismo Beach
the FY
the
foregoing
adopted at a regular meeting of the City
on the following roll call vote to wit
seconded
Resolution is hereby
Council held this 20th
day
of
AYES
NOES
ABSENT
ABSTAIN
Mary
Ann Reiss
Mayor
ATTEST
Lori
Grigsby
CMC
City Clerk
Agenda
Item 4 N
Page
Page 142
of June 20 2006
2
City
of Pismo Beach
CALCULATION OF GANN I APPROPRIATIONS LIMIT
for Fiscal Year FY 07
FY 06
Per
Appropriations
Capita Personal
Limit
17
Income Factor
x
Factor
Pismo Beach
x
Appropriations
Subiect to Limit
Well Below the FY 07
Appropriations
0 9948
17 957 177
FY 07 APPROPRIATIONS LIMIT
FY 07
1 0396
18 051 043
Sub total
Population
450
363
10 546 147
Limit
Agenda
Item 4 N
Page
Council
Page 143
City
Meeting
of June 20 2006
3
e tlT
Qi
1111
III
w
o
n
CEPARTMENT
OF
FI NAN C E
ARNOLO SCHWAR2E NEGGER
q
6 I
8TfO
T
1ltt
9A
TQ
OA
95814
3706
GOVERNOR
WW
lo
J
lA
J
r
nv
May 2006
Dear Fiscal Officer
ct
SubJPrice end Populotlon Infonnatlon
Appropriations Umll
The
California Revenue and Taxation Code Section 2227 mandates the Department of Finance FInance
transmll an estimate of the percentage chanoe In population to local governments Each local jurisdiction
must use their
percentage change In population footor for January I 2006 111 oooJunctlon with a change In
the cost or living or prit
efaclor to calculate their oppropriatlono IImll for fiscal year 2006
07
Enclosure I
provide the change In
CalIfom
per capita personallnoome and an example for utllzlng the price tactor
and populadon peroentage
7 approprietlons IImll Enolosure II provides
change factor to calculate the 2
city and unincorporated county population percentage changes and Enclosure IIA provides county and
arepopulation
Incorporated
changes The population percentage change daIS excludes
federal and state
zed populallon8 end mllltary populations es noted
Instltutlonsli
to
Populotlon Percent Change forSpedal
lll
Dl8tric
Some special districts must establish an annual approprNitlons limit Consult the Revenue and Taxation
Section 2228 forthevarious population options available 10 special districts to assess
population
change In their dlllb1ct AtticIe XIII B SlICIIon 9 of the S
CoNlllMlon exempts cerlaln spacial districts
from the approp atlons IImll calcula1lon mandate Special distrlc1B required
by law to calculate their
appropriations limit must present the calculation as part of their annual audit No Stats agency reviews lhe
a1 appropriations limits
kH
Code
PopulatlDn CertlflCllllon
The population certtflcatlon program applies only to cities and counties Revenue and Taxation Code
Section 11005 8 mandates Finance to automatically certify any population estimate that exceeds the
current certified population with the State Controller s Office Finance will
certify the higher esttmate to
the State
by Jun 2 2006
Contron
Plea
Note City population estimates are controlled to Independenliy calculated county population
Due to county estimates revisions prior year s
city population estimates may have also been
estimates
revised
If you
have any questions regarding thls data please contact the
al 91 B
4086
323
Demographic
Research Unit
Sincerely
MICHAEL C GENEST
Director
By
ll
l
lT P BROWN
VINCEI
Chief Deputy Director
Enclosure
Agenda
Item
4 N
Page 4
Page 144
of June 20 2006
May
A
2006
Enclosure I
Price
Factor
Article XIII B spedfles that local Jurisdictions select their
fector 0 oompute their appropriation Iimij by a vote of their
governing
living
of
factor provided here Is per capita personal Income II the
body The
oost
percentage change in per capita personal income is selected the peraentage
change to be used in setting the 2006 2007 appropriation Iimkis
ot
coSl
llving
Per Capita Personal Income
B
Fiscal Year
FY
Percentage change
2007
2006
3 96
over
prior year
Following Is an example using Sarllple population change and the
Calffomla per cepIta personallnoome as growIh factors In
computing a
appropriation limit
In
change
2007
2006
2006 2007
Per
Capita Coat of living Change
Population Change 1 21 percent
Par
Capita
Cost 01
Uving
3 96 peraent
convened to a ratio
3 96
100
1 0396
100
Population
converted to
a
ratio
21
100
1 0121
100
Calculation 01 factor for FY 2006 2007
0396
x
0121
0522
Agenda
Item
4 N
Page
Council
Page 145
City
Meeting
of June 20 2006
5
Encloeure II
Change In Population Mlnu8 Exclusions
January 1 2006 and Total Population January 1 2006
Annual Perunt
January
2005
to
IoIIL
t 1 05
2OD5
2OO6
CO
alUnua Exclusions
llatlon
POIM
Percent Chana
County
oe
1
pODLJllltlon
1 1 iOOO
SAN WIS OBISPO
ARROYO GRANDE
0 13
18 577
16
16 500
ATASGAOERO
0
07
25 338
26 357
21
EL PASO
3
27 na
28 735
28 gs9
35
13 269
13 213
13 213
Q 42
10 535
10
10 491
DE ROBLES
GROVER BEACH
BAY
IIORRO
I
491
6 817
8 617
44 439
44 439
739
113 2li6
PISMO BEACH
52
SAN
40
819
1 10
105 581
106
0
253 350
255 190
LUIS OBISPO
UNINCORPORATED
COUNTY TOTAl
tl lJ8bnaInolud
l
tNeral
tenl
resk
11
lI1llulloM
lrtlmlbi
ont
73
OUP q
aodlJl
rt
kIenb
r
658
In wl8
llln8l1wdonl
menll
263
and
I
242
nd
Page 1
Agenda
Item
4 N
Page
Page 146
of June 20 2006
6
O
c
Ol
B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO
BEACH SETTING THE WATER SERVICE TAX RATE FOR FY 07 AT
SUBJECT I TITLE
156 52 PER EQUIVALENT DWELLING UNIT
RECOMMENDATION
Adopt
a
resolution
setting
the
new water
EDU
service tax rate for FY 07
EXECUTIVE SUMMARY
In June 1997 Pismo Beach voters adopted the water service tax as Article III of Chapter 13 08
of the Municipal Code to pay the fixed costs of providing water through the State Water Project
and
Lopez
Water
Code Section 13 08 332C provides that the
by resolution Based on estimated
Project
year set the water service tax rate
the Water Service Tax
revenues
revenue
for FY 07 is set at
City Council shall
expenditures and
1 134 319
Based
on
each
other
the current
count of 7 247 12 EDU s this FY07 revenue equates to atax rate of 156 52 per EDU an
This increase is needed to help
8 6
increase over the FY 06 tax rate of 144 08 per EDU
pay the
City s
share of costs related to the
Water Treatment Plant at
new
Lopez
Reservoir
by Code Section 13 08 332B if justified by
This tax rate maximum is
156 57 per EDU
rate
the
FY
06
maximum
allowable
of
152 01 by the local CPI
calculated by adjusting
increase from March 2005 to March 2006 up to a maximum annual CPI adjustment of 3
The maximum water service tax rate allowable
actual fixed costs and
The
proposed
reserve
rate of
156 52 is
Code section 13 08 331 D
restrictions
just
requires
is
under the allowable maximum
that the
Engineers
Parcel EDU Table be
updated annually
using the most current information available as of March 1 of each year including the number
of EDU s and the amount of water tax levied on each parcel for the new fiscal year The data
in this table will be transmitted to the County as the official tax roll for the FY 07 water service
tax Action must be taken prior to July 14th to meet the deadline for placing the new water tax
rate
on
the
2006 07
Department explains
FISCAL IMPACT
provide funding
County
the
changes
Revenues
for the
tax roll
new
An attached
memorandum from
the
Engineering
in the EDU table
generated by
the
proposed Water
Lopez
Service Tax Rate will
help
Water Treatment Plant at
ATTACHMENTS
1
Resolution
2
Rate Calculation
3
Engineering Department
Note
Engineer
Prepared by
Submitted
s
Spreadsheet
Table of EDU
Susan West Jones
by George
Accounting Manager
Council
147
Page
for FY 2006 I 07
Meeting
Department
Date June 20 2006
Edes Admin Services Director
j
City
Adjustments
Parcel Table I EDU Table is available in the Finance
Meeting
of June 20
2006
Agenda
Item 4 0
Page
1
RESOLUTION NO
R 2006
APPROVING UPDATED ENGINEER S PARCEL I EDU TABLE
SETTING THE WATER SERVICE SPECIAL TAX RATE FOR FY 07
AND APPROVING POSTING OF SAID TAX TO THE COUNTY ASSESSMENT ROLL
WHEREAS
Section 13 08 3310 of the Pismo Beach Municipal Code provides that an
EDU Table shall be updated annually to provide the most current
Engineer
information as to each parcel within the
City and shall constitute the official tax roll of the City
for the water service special tax and
Parcel I
s
City
WHEREAS Section 13 08 332C of the Pismo Beach
Municipal Code provides that the
Council shall determine the method for
and
collection
of the water service special
billing
tax and
WHEREAS
be
authority
effective administration of the water service special tax
requires that
granted to the City Manager to make corrections to the Engineer s Parcell EDU
Table
NOW THEREFORE
be it resolved
by
the
follows
1
City
Council of the
City
of Pismo Beach
as
The
Engineer s Parcel I EDU Table dated June 1 2006 which updates the
Parcell
EDU Table dated June 10 2005 is hereby approved subject to
Engineer
changes
which may be made pursuant to the adjustment procedure set forth in Section 13 08 340 of the
Pismo Beach Municipal Code and to corrections which may be made pursuant to Section 4
below
s
2
service
Pursuant to Section 13 08 332C of the Pismo Beach
Municipal Code
tax
rate
for
Fiscal
Year
FY
07
is
at
special
156 52 per EDU
hereby set
the water
3
Pursuant to Section 13 08 360 of the Pismo Beach Municipal Code the
City Council
determines
that
water
the
service
tax
shall
be
billed
hereby
special
and collected through
posting the tax to the assessment roll of the County of San Luis Obispo except that those
taxpayers whose use is not associated with an Assessor s Parcel Number such as but not
limited to
billed
the State of California with respect to
directly to the taxpayer by and payable to the
4
The
highway irrigation meters the tax shall be
City of Pismo Beach Finance Department
City Manager
or his or her designee is
hereby authorized to make changes to
Parcell
EDU
Table
to
correct
clerical
errors
or other errors in the application of
Engineer
Ordinance 97 03 to any parcel and to take action
necessary to correct the tax billing
Any
such changes shall be reported to the City Council for Council
at the next
the
s
regular City
Council
acknowledgment
meeting following
warranted
Page 148
the
City Manager s
of June 20 2006
determination that
a
correction is
Agenda Item
4 0
Page
2
seconded
UPON MOTION OF
the
foregoing
resolution
Pismo Beach this 20th
was
day
by
and
approved
adopted
by the City Council of the City of
passed
of June 2006
on
the
following
AYES
NOES
ABSENT
ABSTAIN
Mary
Ann Reiss
Mayor
ATTEST
Lori
Grigsby CMC
City
Clerk
Page 149
of June 20 2006
Agenda
Item 4 0
Page
3
Water Service Tax Rate Calculation for FY 07
Bllanee Available
June 30 2005
S
FY 08
8nU8
Re
Water Tax
Contrlbution
State Water Buy In
1 040 000
Igg
I
Gr
172 759
BuDding Permits
200 000
lnlaraot
Qllll
2
Total FY 08 Rav
nu
Total FY 06 Funds AvaUlbM
FY oe Exp
l4WU
ndttu
S1a1e Water
Groga
172 759
State Water
m
lJlll
Subtotal
1 206 022
Lopez
Total FY OS
EMJmatDd
FY 07
Bal
noD
ndltu
lit June 30
S
370
1
7
2006
RevenUN
Water Tax
To be Cakulated
Gragg Contribution
144 004
Stole Water
350 000
Buy In
Interest
QQQ
1Q
Total FY 07 Rev
RUM
Total FY 07 Fund
AVlllabte
W
I
FY 07 Expendlturn
State Water
Gragg
144 004
StateWa1er
Sultotal
1
246 940
Lopez
Total FY 07 ExDendlbJru
101 811
1
EatlmaUM SalanCfl at June 30 2001
t
Leas Reserve 25 of FY 07 Expenditures
FY 07 Water Tax Revenue Needed
MTlber
Nl
of
1
EOUs for FY 07
Cllculated Wat8r Tax Rete
Proposed WJtor T
Cap Rate
Rate
or FY
Eetimltea FY 07WaterTa Ray
ASO
233
329
None needed It
negatlw
12
Llli
HMded
Rate Cap per Munj
al Code
FY 01 Water Tax Revenue at the
953 780
07
lSU2
Per EOU
166 67
Per EDU
1 134 882
18682
per
EOU
nul
SWJ GNE 12 June2006
Page 150
of June 20 2006
Agenda
Item
4 0
Page
4
EDU ADJUSTMENTS FY 2006107
DATI
IOI2OO8
llI
TO
CIty Council
FROM
IOLD
APNf
mg
Engl
INEW
APN
2OOMlr IREASON
1
I
NIW IOU
1
0
US
1
0
0011
1
31
S
EnglneennglWaler Tox
Page 151
Oll EOU c
lnfo12OQ5
1angee to CounciLdoc
I
of June 20 2006
Agenda
Item 4 0
Page
5
EDU ADJUSTMENTS FY 2006107
1
IOLD
APN
I
1
2
IREASON
0 55
us
11
0
0 11I
0
0 11I
0
1
1
11I
0 56
O
0
0
0
0
0
0
0
11
0
11
0
o
S
lEnglneorlnglW
Council
Page 152
City
Tax
2CXJ5Oe EOU
Inlo
Meeting
hanges to Counoll doc
of June 20 2006
Agenda
Item 4 0
Page
6
TITLE
SUBJECT
TEMPORARY ENGINEERING DEVELOPMENT REVIEW CONTRACT
RECOMMENDATION
with the Wallace
Group
By motion
approve the temporary
in the amount of 18 500
engineering development
contract
EXECUTIVE SUMMARY
Associate Civil Engineer Brian Duncan is
office for a minimum of six weeks
on
leave for surgery and is expected to be out of the
Several firms
were contacted to provide interim services
The Wallace Group is available to
provide a staff member for twenty to twenty five hours per week The individual who is being
provided is an Engineering Associate IV and the billing rate is 95 per hour The total
estimated fee for the six week period is 18 500
FISCAL IMPACT
The consultant fee is estimated to be
the current
under the
budget
engineering professional
18 500 and funds
are
available in
services contract account
OPTIONS
1
2
the proposed contract
Do not approve the contract This option will not enable staff to
provide sufficient
development review services to the public for approximately six weeks
Approve
ATTACHMENTS
Contract dated June 9 2006
Department
Head Approval
R Dennis Delzeit P E Public Works Director
Meeting
City Engineer
Date
Date
June 20 2006
June 12 2006
j
Agenda
Item 4 P
Page
Page 153
of June 20 2006
1
AGREEMENT BETWEEN THE CITY OF PISMO BEACH AND
THE WALLACE GROUP
PROFESSIONAL SERVICES FOR
TEMPORARY ENGINEERING DEVELOPMENT SERVICES
1
THIS AGREEMENT is made and entered into this 18th day of July 2006 by and
between the CITY OF PISMO BEACH a municipal corporation hensinafter nsferred to
as CITY
and THE WALLACE GROUP hereinafter referred to as CONSULTANT
RECITALS
WHEREAS Government Code Section 37103 authorizes CITY to engage
specially trained and experienced persons or firms for special services and advice in
financial economic accounting engineering legal
or
administrative matters and
WHEREAS CITY nsquires the services of CONSULTANT by
services and advice of a type authorized by Section 37103 and
WHEREAs CONSULTANT is specially trained and po
and competency to perform the services
education experience
needed and
providing special
special skills
provide tha advice
as
and
WHEREAS the CITY has chosen CONSULTANT to perform the needed work
AGREEMENT
NOW THEREFORE in consideration of these racilals and the mutual covenants
conteined herein CITY and CONSULTANT agnse as follow
1
Services To Be Provided Bv CONSULTANT
a CONSULTANT shall act in a professional capacity to assist CITY
CONSULTANrs wori shall conform to applicable statutes 1
regulations
end professiOnal standerds for such work
b CONSULTANT shell perform professional services as described in the
ofSelVices
which is attached as Exhibit A
Scope
0 Extra work beyond that described in the Scope of Services is not
authorized without the expnsss written approval of CITY CONSULTANT shall
request and
RRvISEJ
reoaive written
PHBRUARY3 2006
approval prior
Page
1 OF
7
to
performing
any extra wori Any
PROFESSlONII1 SERVICES AGREEMENT
Agenda
Item 4 P
Page
Page
154
of June 20 2006
2
work beyond that f
lIlfIected
in the approved Scope of Services shall not be
written approval was provided under this
compensated by CITY unless prior
peregraph
2
Aalld8ncto Bv CITY
Subject to other provisions of this Agreement the CITY shall provide the
CONSULTANT with copies of any specifications maps drawings records or
other dooumentatlon which are required by the CONSULTANT in order to
perform the services specified herein CITY shall provide all further
neceasery infonnation
3
to
reasonably
CONSULTANT upon CONSULTANT s request
Tenn Of Aareement
a This Agreement shall take effect on the date first written above and
unless terminated earlier pursuent to subsection e below shall be in effect until
the services described in Exhibit A are complated
b Time is of the essence with regard to the performance of the
CONSULTANT s duties under this Agreement
e Either party may terminate this Agreement by tendering written notice
to the other party thirty days before the eff1
Ictive
dale of termination In such
event or upon requellt of the CITY CONSULTANT shall aS8BlT1ble all CITY
documents in the CONSULTANT s possession and put them in order for proper
and dosing and deliver said documents 10 CITY In the event of
terminatIOn CONSULTANT shall be paid for work performed 10 the termination
date CITY shall make the final determination as 10 the portion of tasks
completed and the compensation 10 be made
filing
4
laatlon
ComDlll
a
I
Ila
CITY shall pay CONSULTANT a fee not to exceed 18 500 for all
services and other expanses provided or incurred in performing the Scope of
Services in Exhibll A In no event shall CITY be liable for paying more than
18 500 for CONSULTANT s services rendered and expenses incurred per this
Agreement
REvISED FEBRUARY
3 ROO6
Page 2
OF 7
PROFESSIONAl
SeRVIces AGREEMENT
Agenda
Item 4 P
Page
Page 155
of June 20 2006
3
b
ExPenses
CITY shall not reimburse CONSULTANT for any expenses incurred by
CONSULTANT in rendering services under this Agreement except as expressly
provided for
e
in Exhibit
A
Schedule for Pavments
Jo the City s Project Manager at 760
i CONSULTANT shall bill CITY r
Mattie Roed Pismo Beech CA 93449 for services rendered under this
Agreement Billing shall be mede monthly commencing thirty days atter this
Agreement prior to the 15th
of the
succeeding month
Ii CITYshall pay fees and applicable expenses due under this
within thirty days of receiving such bills from CONSULTANT unless
Agreement
contested Payment of any fee or reimbursement shall not constitute
the CITY of any breach of anY part of this Agreement
a waiver
by
Indamnlflcatlon
5
CONSULTANT shall indemnify defend and hold harmless the CITY and
appointed officials employees and volunteers
CITY
its officers elected and
entities
from and against all claims damages losses and expenses Including
costs and atIorney fees arising out of the performance of the services described
herein or the failure to perform such services caused or allegedly caused in
whole or in part by any negligent ael or omission of the consultant any
suboonsultant anyone directly or indirectly employed by any ofthem or anyone
for whose acts any of them may be liable except to the extent caused by the
sole negligence active negligence
If any action
or
willful misconduct of the CITY
proceeding is brought egainst the CITY entities by reason of eny
provided CONSULTANT upon notice from the City shall
defend the CITY entities at CONSULTANTS expense by counsel acceptable to
the CITY The CITY entities need not have first paid any of the matters as to
which the CITY entities are entiUed to indemnity in order to be sO indemnified
or
of the claims as above
6
Insurance Reoulrementa
Without limiting CONSULTANTs responsibility to datend and indemnify
CITY it is agreed that CONSULTANT shall maintain in full forca and effect at all
times
during the parformance of this Agreement the following policy
covering its operations
or
policies
of insurance
a
Comprehensive General Liability including contraClualliability
broed form property damege and products and
business automobile liability
RIw1SlIDFRBRUARY3
2006
Page 3 OF 7
PROFESSIONAL SERVICES AaREEMENT
Agenda
Item 4 P
Page 4
Page 156
of June 20
2006
completed operations all of which shell include covarage for both bodily injury
and property damage with a combined singla limit of one million dollars
1 000 000 per occurrence CONSULTANTs comprehensive generelliability
insuranee policy shell contain language substantially similar to the following
clauses
and appointed officials
1
The City of Pismo Beach Its e1ec
1ed
officers employees and agents era named as edditional insureds
as
lsoperations of the named insured performed under
respec
contract with the
City of Pismo
Beach
2
II is agreed that any insuranee maintainad by tha City of
PIsmo Beach shall apply in excess of and not contribute with
insurance provided by this policy
b
c
k8lll
WO
coveragll shall be at statutory limits
Ipensation
COI1
Errors and Omissions Liability In the amount of one million dollars
City need not be named as an additional insured on
1 000 000
professional
errors
and omissions insurance policies
All insurance policies required by this section shall not be canceled
or non
renewed without first giving 30 days written notice to the CITY
Additionally the policy shall specifically contein language substantially similar to
Iimitad
the
following
clause
This insurance shall not be canceled until after thirty days
written nottos has been given to tha City of Plsmo Beach
Certificates of insurance
evidencing
the coverages required by the
clausas set forth above shall be filed with CrrY prior to the effective date ofthis
Agreement This Is a condition preosdent to the formation of any obligation by
CITY to compensate CONSULTANT under this agreement
7
0wnenIh10 Of
0110
and
electronic Documents
All plans studias sketches drawings nsporta and apecificatlons as
herein required are the property of the 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
documentation reports and specif1catlons shall be delivered
Ironic
eIec
Immediately to the CITY CONSULTANT may retain one copy of each document
for CONSULTANT S records but shell have no proprlatery rightB to them CITY
RlMSRD FlmRUARY31 flOO6
ge 4 Of 7
Pn
PROFESStoNAt SERVICES
AaREEMENT
Agenda
Item
4 P
Page
Page 157
of June 20 2006
5
agrees to Indemnify CONSULTANT against any damages caused by the
uneuthorized re
use of said documents
8
SlalusOfTheCONSULTANT
The CONSULTANT shall perform the services provided for harein
using
CONSULTANT s own methods and practices es an independent contractor and
in pursuit of CONSULTANT s independent
CONSULTANT is not an
calling
of the CITY nor shall any employees of CONSULTANT be considered
employees of the CITY for any purpose CONSULTANT shall be under the
employee
direction and control of CITY staff only
9
to the results to be accomplished
as
Aaalanment And Subcontractlna
a
perform
not
CONSULTANT is
being
retained due to its special qualifications to
A
Therefore CONSULTANT shall
services as described in Exhibit
assign
this
Agreement
any part thereof
or
any compensation due
thereunder
b CONSULTANT shall be fully responsible to the CITY for
any acts and
omissions of CONSULTANT s subcontrectors including persons either
or
indirectly employed by subcontrectors
directly
in tha event CONSULTANT
subcontracts any of the work to be performed under this Agreement
CONSULTANT s responsibility under this
paragraph shall be identical to
CONSULTANT s liability for acts and omissions of CONSULTANT and
employees of the CONSULTANT Nothing contained In this Agreement shall
create any contractual
relationship between CITY and any subcontractor of
CONSULTANT but CONSULTANT shall bind
every subcontrector and every
subcontractor of a subcontractor by tha terms of this Agreement
applicable to
CONSULTANT s work unless such change omission or edditlon Is approved In
edvance in wrijing by tha Cijy All subcontractors are subject to tha prior written
review end approval of tha City
All terms conditions and provisions hereof shall inure to and bind
parties hereto and each of their respectiva heirs executors
administrators successors and assigns
e
each of the
10
Notices
All notices shall be in wrijlng and given either by personal service or
delivery by the United States Postal Service or its successor postage prapald
to the specifically named person s or tha holder s of a
designated position
Notices shall become affactive insofar
personal service
RiMSEDFEwWAAr 3 ROO6
and five
as
sarvlce is concernad
days following postmark from
Page 5 OF 7
on
the data of
the United States Postal
PROFESSIONAL SERVtCE8 AGREEMENT
Agenda
Item 4 P
Page
Page 158
of June 20 2006
6
Service
Notices communications between the
senllo Ihe
REVISED
PB RVAR
t
following
3
Ro J6
parties
10 this Agreement may be
elI
addres
Page 6 Of 7
PROFESSIONAL SERVICES AGREEMENT
Agenda
Item 4 P
Page
City
Council
159
Page
Meeting
of June 20 2006
7
CITY
Dennis Delzeit
CITY OF PISMO BEACH
760 Mattie Road
Pismo Beech CA 93449
CONSULTANT
Peter Miller
THE WALLACE GROUP
4115 Broad Streat Suite 65
San Luis Obispo CA 93401
11
DJ DIMs
If a dispute should arise regarding the performance of this Agreement or
compensation for work performed under this Agreement the parties hereby
agree to make good faith and reasonable attempts to Battle the dispute through
subsequent agreement between CONSULTANT principal and CITY In the
event that a dispute continues the CONSULTANT Is required to continue
performing under this Agreement pending resolution of the dispute Nothing In
this procedure shall prohibit the parties from seeking remadies available to them
at law after they have made a good faith and reasonable attempt to resolve the
dispute pursuant to tha proviSiOns of this section In the event of litigation
arising out of the performance of the obligations of this Agreement the
prevailing party shall be entitled to recover s reasonable attorneys fees and
other litigation expenses
12
AGreement Contalne All Understllndlnas
a This document including all exhibits referred to above and attached
hereto represents the entire and Integrated Agreement between CITY and
CONSULTANT and supersedes all prior negotiations representations or
agreements either written or oral This document may be amended only by
written Instrument signed by both CITY and CONSULTANT The body of this
Agreement shall supersede any dlsaepancy that may exist with respact to any
ettachad exhibits or documents Incorporated by reference
b No oral agreement or representetlon by any officer agent or
either party made during or after the execution of this Agreement
employee of
shall become a part of this Agreement except to the extent such oral agreement
or representation is
expressly reflected In this written Agreement or e written
amendment to this Agreement
signatures begin on
REVTsrmFErBRlJAJO 3 Sloo6
next page
Page 7
Of
7
PROFESSIONAL SeRVICES Ac
lREEMENT
Agenda
Item
4 P
Page
Page 160
of June 20 2006
8
IN WITNESS WHEREOF
we
have hereunto set
hands and seals
CONSULTANT
CITY OF PISMO BEACH
By
f1JJ
CITY MANAGER
our
uk CFflA
FOR CITY USEONLY
leIln Dole
17106
llIldllota
706
9
t
Aix
fI Profesaional Svcs fEnara
Coouoct
lzelt
Ol
JL
REvrllBD l
EBRllARY
3 2006
Page 8 OF7
PROFESSIONAL SERVICES AoREEMEHT
Agenda
Item 4 P
Page 9
Page 161
of June 20 2006
June 9 2006
Ms
Susan West Jones
City
of Plsmo Beach
760
Mattie Road
Beach Callfomia 93449
II
Accounting Manager
Pismo
WAIJ CE GROUP
Professional
Subject
Dear Ms
Services Proposal for Development Review Services
West Jones
IVie
fNGI
fRiNG
CONSTRUCTION
Wallace Group is pleased to submit this proposal to provide professional services for the above
referenced project Our firm will provide a staff member to assist with Development Review
processing at the City of Pismo Beach Engineering Division
Oevelooment
Based
MAN
G
MrNT
lANDS CAPE
AllClllTrCrUM
MECHANICAL
Review
FNGIN
with the City Engineer and the Engineering Division staff Wallace will
provide a staff member to review plans process maps assist engineering and planning staff and
provide counter support up to 20 to 25 hours per week for approximately six to seven weeks from
the dale of Initial orientation dated June 7 2006
FRIN
on our discussions
PLANNING
PUBLIC
A MINIH
WORK
nON
SlHIVi
YING J
Wallace
denoted In the proposed Scope of Work on a
materials basIs for an e timated fee of 18 500 Our services and direct costs will be Invoiced
monthly on an accrued basis in accordance with the attached Schedule of Fees Exhibit A In
addition travel time is included wlthin this scope
Group
will
perform
the services
tifS
S
OLUTlONS
WATFR RFSouRrrs
WAllACE SWANSON
INTflltJATlONAI
At the
request of the cHent additional services to the above Scope of Services will be performed
by Wallace Group following either the receipt of a City Amendment signature of our Contract
Amendment form change to original contract form or the initiation of B new contract Additional
services will be Invoiced on a lime and materials basis using the Schedule of Fees currently in
use at Wallace Group
In order to ensure a clear understanding of aU matters related to our mutual responslblhties
regarding this proposal the attached Standard Terms and Conditions Exhibit B are considered
a part of our proposal agreement If this proposal meets with
your approval please SIgn where
indicated and return one original to our office which will serve as our notice to proceed This
proposal is valid for 60 days from the date of the document
We want to thank you for this opportunity to present our proposal to provide profeSSional
services If you would like to discuss this proposal in greater detail please feel free to contact
or Darrell Goo at 544 4011
me
Sincerely
mla Corporation
TERMS AND CONDITIONS ACCEPTED
Peter A Miller PE 62096
Senior
Engineer
t
P006 2660 52
Mr
II
SUITE 9 5
std
chibltA
E
r
4115 IlRQMlST
Printed Name
AlIachmenll
tali
WALLACE GROUP
Signature
SAN
Title
lVIS
ClllSPO
CAl1fOkNlA 9HQl
exhIbitS
Date
T 000
F ijO
THIS PROPOSAL IS VAUD FOR 60 DAYS fROM THE DATE OF THIS
44
40 1
1
444H4
DOCUMENT
WWW
ill
W
l1
1
n
Up tJ
Agenda Item
4 P
Page
Page 162
of June 20 2006
10
Exhibit A
Schedule of Fees
Personnel
Hourly Compeneation
Engineering Services
PrinCipaL
Principal Civil Engineer
140
135
Director of Water Resources
125
Senior Civil Engineer I
Civil Engineer I
III
115
120
100
110
II
Senior Civil Designer
Senior Operations Consultant
Engineering Associate I
Administratl
105
89
V
80
Assistant I
Engineering Intern I
105
55
47
III
85
Direct Expenses
Reimbursement of direct expenses incurred in connection with the prOject scope of work will be invoiced to
the cllent A handling charge of 15
may be added to the direct expenses listed below Direct expenses
include but are not limited to the following
travel
expenses automobileJ
long distance
fax
telephone
postageJdelivery service
lodging meals
professionaleubconsultants
CQunlylclly lees
document copies
Invoicing
and Interest
Invoices
Charges
monthly on
an accrued cost basis in accordance withthis Fee Schedule
A finance
per annum will be assessed n all balances that ara thirty days pas due
are submitted
1 5
Charge of
Fee Revisions
Wallace Group
per month 18
reselVes
the
adjust hourly prevailing wage
advance
spe
al maleMals
blueprints
pholographs
right to
rates
by the client overtime
on a
Schedule of Fees on a semi annual basis al1d also to
as the State establishes rate changes As authorized In
project will be billed at 1 3 times the normal employee s hourly rate
revise
our
uP or down
Personnel Classfflcatlons
Wallace Group may find it necessary to occasionally add
Fees
new
personnel classifications
to our
Schedule of
Mileage
Wallace Group charges
0 50
per mile
52
Effec1ive June 2005
WAllAa GROUP
Agenda
Item 4 P
Page
Council
Page 163
City
Meeting
of June 20 2006
11
SUBJECTITITLE
CONSIDERATION TO AWARD DESIGN CONTRACT FOR LONGVIEW STREET
WATERLINE PROJECT
RECOMMENDATION
By
motion
award
a
design
amount not to exceed
and construction administration contract to Boyle Engineering in
design of the Longview Street Waterline Project
an
116 700 for
EXECUTIVE SUMMARY
The Water Master Plan recommends
storage
in the Pismo
Heights
area
upgrading
the
primary
water mains
in order to
booster stations and
water flow and pressure for
supply adequate
Longview Waterline project is a first priority project in
project will combine two waterline projects extending from
Visalia Street to the existing Heights Zone 2 and Zone 3 booster stations
Combining these
two projects will reduce the number of times the street is blocked by construction In addition a
third waterline replacement on Merced Street will be included
Completion of these three
projects will allow for a more efficient transition to the new water system once the Heights
domestic and emergency needs
the Master Plan
The proposed
The
Zone 2 and Zone 3 booster stations
are
consolidated
proposed contract with Boyle Engineering includes design of the waterline project
preparation of bidding documents assistance during bidding construction monitoring and
contract administration during construction
The total estimated cost of Boyle s services is
116 700 A copy of their proposal is attached
The
The total estimated cost of
design
construction and
inspection
is
1 585 000
FISCAL IMPACT
Sufficient funds
currently allocated for design of the project Additional funds
be allocated in order to complete construction
The project is currently estimated
funded by approximately 478 000
are
will need to
to be under
OPTIONS
1
Award
2
amount not to exceed 116 700 for design of the Longview Street Waterline Project
Do not award a design and construction administration contract to Boyle Engineering
Provide direction to staff for completion of the project
a
design
and construction administration contract to
Boyle Engineering
Agenda
in
Item
an
4 Q
Page
Council
Page 164
City
Meeting
of June 20
2006
1
ATTACHMENTS
1
2
Proposal from Boyle Engineering
Project Location Map
Prepared by
Approved by
Greg Ray
Associate Civil
R Dennis Delzeit
Engineer
City Engineer Director
Meeting
Date June 20 2006
of Public Works Date
June 15 2006
J1
Agenda
Item 4 Q
Page
Page 165
of June 20 2006
2
Exhibit A
Revi ed Msrch 30 2006
SCOPE OF SSMCES
Englmertng ServIces for 1OI1g111ew H3 W
CIty 0 PlsmoBllecl1
Project Undol
lne U
d11g
In the City
were
s 2004 Water Master Plan fire flow deficiencies in the
Heights 3 and Heights 2
identified as significant concerns Currently these service areas include the
following sub
Upper Heights
3
LowerHeigbts
3
Hydropneumatic Heights
ervice
zones
3
Upper Heights 2 and
Lower
Heights
2
The
Plan presented a strategy for improving tire flow and service pressure in both distribution areas A
November 26 2003 analysis Heights 3 Booster Station eoDSolidatiou Analysi by 10M L Wallace
ILWA modified the approach propoaed in the Water Master Plan A1terostive 3 of the
Associ
letter
on propoaed CODSOtidsting the Upper Lower and
3 sub
into
Hydropneumallc Heights
pressure zone Heights 2 Boosted zone This could be accomplished by relocating the Heights 3
booster station to the Heights 2 booster station and reservoir site and
performing various waterline
identified in the
lIJlgrades The proj
rcpon include the fOllowing
one
1 3 3
Heights 2
land by
43
1
Booster Station Upgrade
Includes PlDDP
for domestic
ervice and fire flow
gentor llDd building
Longview H3 upgrade
C900 PVC in
Longview Avenue
Includes upgrading 2 300 ft of6 ineb water msin to 12 ineb
from Visalia Street to the Height 3 reservoir
2 3 3 Height 2 Reservoir Upgrade
from 220 000 galloDS to 470 000
Includes
increasing
torage capacity of
Heights
2 reservoir
3 23 3 Merced Street Upgrade lncludes replacement of existing 6 inch water main with an 8
inch C900 Class 200 PVC water main
The City requested Boyle submit a proposal for design and oonstruction phase services to
support
proj
4 3 Longview H3 Upgrade Il1ld 3 23 3 Merced Street Upgrade
1
The combined project
will include rcplaoement of existing water mains with approximately 2
500
feet of 8 inch and l2 inch
C900 PVC water main It is U8UIDed the existing water mains will be abandoned and the new water
mains will be connected to
exi5tlng hydrants end tees Water meters and boxes may be
replaced
BKB89 87OCt
Mtrch 30
2006
PlV
of5
avt
Agenda
Page 166
of June 20 2006
Item 4 Q
Page 3
W tarU will be oxtooded from the propo ed Longview pipeline to the edge ofpavement fur future
lllIUlCIions
C
to he PRY in Longview between Delano and Marood and Heigbts2 tank and booster
station
bo City also requested that Boyla deaign approximately 1000 lOot oftha Longviow H2 Upgrodc
I
Plan which extends from VioaliaSl to the Height 2 booster
project 1 2 from the Watar
Mast
he Heights 3 consolidation plan installing the pipeJina now would
of
tation Althoogb thi is not port
dislwblns
he
prevent
treet
a
eoond time
l8Ch
rojllm
f
heJll lioot in
eonle
phases Phase 1 will devalop tboproject to 30peroant
Boyle proposes to
cost opinion and Phase m
tion
complete Phase n will produoo flnal plan speoificatiClllO and a CQIllIlrn
services
will include
enginoering
phase and coMtrUCtion
bid
pba
Group
Soo Report
the pipeline
EnsIIraD P
Ing
IIn8l
IIPIlllbllllY
1
Utility Ruoareh
Boyle will
be oontaclod to mllll
Fugro West Inc will provide a soils report fur use iD designJns
lbconsu1W11
S
BoYle
contact
uodargrouod
utility companies and colleclavailahle reoonl drawinp USA wm
infurmation fur
BoYle will compile the best available
ntilities
inclusion in the base map
Prtuare Reduelq Valve Evaluatloa BoYle will ideotify whiehlmmes along Mereed Ave and 810ng
Longview Ave should have pressure reducing volves for protectioa from increased pressures as a result
of this projecl
a
la subcoJuIultanl Welisce Oroup will provide survey services to propare
Bol
map for
Thi wcnk would iacIude proporiDg alOO ft cale
tho project along tho propooed project alignm
topographic map with 2 ft oontours based on aeri81 topography floWn by Golden S1Die Aorial iD 2000
W8Ilwill also prepare a profile of the proposed pipeline alignment using the RTf motbod MApping
will be prepared on the Citys ioti2
and vertical cootrol system
lntal
Survey
C
Coat OpIaloD Boyle will propare a oost opinion of tho proposed project wblch will
The
rvice
PRVs meter and box replacement and slurry seal
include thcproposed watcrmains 5r
fioMibility of
lacing tho motors and boxes will be discussed with Citystaff at the progreos meeting
rydosIgn pllma Boyle will prepare a 30 plan of the proposed waterlines at 4O lbot aca1e
pre
plan shecl8 will be provided Boyle will submit three 3 copies to City staff
It is assumed tlve S
Meotiap Boyle will attend one
meeting to dillCUSS the preliminary plans
Pro
1
BKB99197OC1Maroh 30 2008
I
kickoff meeting with
City lItalf
We will also attend
one
Page2d5
Agenda
Item
4 Q
Page
Council
Page 167
City
Meeting
of June 20 2006
4
Task
Group
2
Pha8e
Anal Conatructlon DocumentllJ
consltuction documents for Ibe projec Our deliverables will inellldc final technical
Boyle
l
CP
willl
uction
consb
specifications CSI format
plans and conln1ct documents in the City s standard format
We will submit 90 progress plans and specifications as well as final docwnents for
bidding purposes
We
anticipate our oonstruction plans will include the following sheets
GI
02
Cover Sheet and Gcnmll Notes
CI
C4
CS
Merced Plan and Profile
C6 C7
Longvicw H2 and H3 Waterline Plan and Profile
ConslrUCtion Details
It 0lISUtl10CI wat
motcrbox replsccmcn1 will be shown on Ibe plll11ll for the existing services offlbe
waterline upgrades New meters and meter boXCI will be included IS an additive bid item in
the contract documents
proposed
seal of tho impacted
SlWT
IU1
streets will
also be included in the specifications and contract doa
mtents
as
additive bid item
are an Engineers Opinion of Probable COl1BlNction Cost for submittal with the final
Boyle will
plans and specifications
Boyle will submit three 3 copies of the 90 plans and specifications with 11x17 plll11ll and one 1
cameraready copy with 11 xl7 plans and one I
bound copy of the final pl8IUI specifications and
Engineer cost opinion
Prognts MeetIaa
P
Teak
W
Pham
BlcI
Group
3
Boyle win ettend
one
I progress meeting wilb the City
SenitoeB end C
Pham
BId Phs88 ServIce
During the bidding phase Boyle will assist in reeponding to information requests assist in preparing
necessary bid addcndums and conduct
prebid conference with interested
to address
contracto
questions and comments before bid submittals
It is assumed the City will prepare and distribute bid documents
Boyle will also review bids and prepare
Task
Group
4
C
oPhS88
uctlOf
bid analysis tOr review by the City
SaMC8B
Our proposed scope of work includes the following services
Conduct the Pre
ctionConference
Constru
Review submittals and shop drawings
Monitor the overall construction schedule
BKM91mCIMarch30 2006
Page30fS
BCIVI
Agenda
Page 168
of June 20 2006
Item 4 Q
Page 5
Serve
B8
rp
irnary contact fur communiry residents with concems
or
questions about the
project
Perform part time construction observation approximately SO of time asswning 120
caloodar day constnlction period and 90 daya active field work and prepore constnlctlon
observation reports
Approve payment requests from the Contractor BOd monitor the City
Conduct monthly progren
meetinglo
s
construction budget
with the Cotllractor
Prepllre final puneb1istj and
Prepare
as but1t
drawings based
on
J provided by
notc
ContraiClOr
u1Ill I
AddJIJonII8wr
Additional work outside the limits of work designated herein may be provided by Boyle upon l
llCjueat
the City and execution of a speeiflc authorization settins forth appliceble seope fee and scbedele
Boyle will be comperuated by the City for edditiooalservices provided byBoyle as
proviai
requested in writing by the City pIItIllI8DIlo the Additional Services section of tbi As
in
nIemenl
accordance with the attaehed fee acbedule Additional Services may include the fullowing
00
Property
or
of
boundary 9UlVeys and
Permitting
W
cr
to bllPnliYlded by
lheClly
Provide available record drawinp of City utilities within Longview Ave and Merced St
Provide
information
presa
along the propoaell w
Workwith property ownen to gain pennission for
ineering
eiJ
and construction
Construction
staking
access
e
ali
ent
during soils
as
requeated by Boyle
n
surveyi
investigation
and
Materials testing dwing construction
RIIlht to FleIy
Conslslent with the pro
onal standard of care Boyle will be eati1Ied to rely upon the accuracy of data
and lnfurmation provided by the City or otben without indepandent review or evaluation unl
speclfleally required in the SCOpe
h
OOJMan
BK88S187
30 2006
es
ofServir
Peg
CIYL
Agenda
Item 4 Q
Page
Page 169
of June 20 2006
6
SchecUa
l
anti
cipatc the following schedule bflAed
Boyle
on
calendar
days
1
Soils report and survey complete within 60
2
30
3
90 plans within 45 days of receiving comments from the City
4
Complete
90
plans within 90 days of Notice
specifications and
plans
to
days of Notice
to
Proceed
Proceed
cost
on
the 30
pIllns
opinion within IS days of receiving comments
on
the
submittal
1ng SenIlce8
IorEngI
Compensation for Boylc
116700
s
Services will be
b wUI not be
Idc
eeded
en
The basis of this budget with
8KB99197DCtMaroh 30 2006
s
made
on a
timr and
without wrltteD
o
materialll bail with
th rbollo from die City
et of
bud
bresl down of estimated cost per talIk is sttached
Page 50fS
JSC1SsILE
Agenda
Page 170
of June 20 2006
Item 4 Q
Page 7
S
I
J
0
lli
e
t
j
J
llI
U
tl
II
i
t
t
it
e
j
I
Agenda
Item
4 Q
Page
Page 171
of June 20 2006
8
IIT QF
PISMO BEACB
PROJEcT LOCATION
r
i
f
18
I
I
500
r
175 25C
50e
Agenda
City
Council
172
Page
Meeting
of June 20 2006
Item
4 Q
Page 9
SUBJECTITITLE
CONSIDERATION
REGARDING
AMENDMENT
OF
DESIGN
AND
CONSTRUCTION
ADMINISTRATION CONTRACT FOR HEIGHTS 3 BOOSTER STATION PROJECT
RECOMMENDATION
motion approve an amendment to the design and construction administration contract with
the Wallace Group in the amount of 186 205 for the Heights 3 Booster Station Project
By
EXECUTIVE SUMMARY
The
Heights
Heights
area
homes
fifty
3 water pressure zone provides domestic and fire flow water service to the Pismo
from Visalia Street to the northerly city limits a service area that includes roughly
of the
Analysis
piping
insufficient fire flow available
and booster station pumps in this
Fire flow is
area
revealed that there is
currently dependent
output from pumps that can
minute
To
serve
the
area
in the event of a fire the
only
gallons per
adequately
pumps must deliver 1500 gallons per minute or a much larger storage tank must be built In
addition the City has received numerous complaints about inadequate pressure from residents
The attached exhibit shows the location of both booster stations and their
in the Heights
on
deliver 150
related waterlines
The
Heights
3 Booster Station
Project
In fact the
Water Master Plan
is the first
recommended
priority project
by
the
City
s
five
top
priority water projects all address water pressure and
problems in the Heights Included in the top five are upgrade of the Heights 2 Booster
Station and upgrade of the water mains in Longview Avenue
flow
In June of 2003 the City awarded
Heights 3 Booster Station Upgrade
design contract to the Wallace Group for design of the
The first design task assigned to the Wallace group was
an analysis of alternative ways to resolve the pressure and flow problems in the heights
The
Wallace Group prepared the
Heights 3 Booster Station Consolidation Analysis as part of
a
their
original design contract Their analysis considered two consolidation options in addition
original Water Master Plan recommendation to upgrade each booster station One
option was to simply relocate the Heights 3 Booster Station to the Heights 2 site A second
option was to remove the Heights 3 Booster completely and provide all needed pumping from
an upgraded Heights 2 Booster Station
Staff has determined that the best option is the latter
of these remove Heights 3 and upgrade Heights 2
The initial cost of this option is greater
however the end result is a reduction in infrastructure a simplification of the water system and
reduced annual operation and maintenance costs
to the
The Wallace
Group
s
mentioned above and
original design
design
been
of
contract in the amount of
upgrades
to the
suspended pending approval of this
expense related to design of the Height 3
Heights
70 350 included the
3 Booster Station
contract amendment
Booster Station
so
upgrade
Design
analysis
work has
to limit any wasted
The proposed contract
as
Agenda
Item 4 R
Page
Council
Page 173
City
Meeting
of June 20 2006
1
amendment would build
on
work
already completed
and allow the Wallace
with
Group
to
proceed
design of the consolidated booster station The new project scope will include design of a
larger storage tank design of a new larger pump station design of connections and
modifications to the existing water system and new landscaping
Following is a summary of
additional work included in the proposed contract amendment
1
Additional
2
Additional
3
Additional
4
Additional
project design management related to the expanded project scope
design related to decommissioning the Heights 3 Reservoir site
survey and utility mapping related to the new site
design needed to incorporate both booster systems and the larger tank
and
booster
5
station
Consideration of utility
undergrounding options
A copy of the contract amendment is attached
A copy of the alternatives analysis titled
Heights 3 Booster Station Consolidation Analysis is included in the Council s reading file
FISCAL IMPACT
By consolidating the Heights
realize long term operational
3 and 2 Booster Stations into the Heights 2 site the City would
and maintenance savings estimated at 600 000 over a
twenty
and maintenance savings would continue beyond the life cycle of
year life cycle
Operational
the project
Initial project costs
are estimated to be
300 000 greater than the original Master
however upon completion the Heights 3 Booster Station site could be
sold
The value of the Heights 3 parcel could easily offset the additional construction cost
Without the sale of the property it would take approximately ten years of operations and
Plan recommendation
maintenance
Combining
savings
to offset the additional cost
the two booster station
projects requires some re ordering of the waterline projects
and the Capital Improvement Program
The total
construction cost of the consolidated booster station and related waterline projects is
anticipated to be 1 743 980 which is approximately 300 000 higher than the upgrade of
each booster station and related waterline projects
This higher cost and the reorganization of
the Capital Improvement Program will result in the delay of other lower
priority waterline
projects
shown in both the Water Master Plan
Estimated
project
costs for the consolidated booster station
Design inspection
project
are as
follows
and
Construction Admin
320 000
Construction estimate
980 000
Total Estimated Cost
1 300 000
Agenda
Item 4 R
Page
City
Council
174
Page
Meeting
of June 20 2006
2
OPTIONS
1
Approve
2
Do not approve the amendment
a
contract amendment with the Wallace
Group
in the amount of
Provide direction to staff for
completion
186 205
of the
project
ATTACHMENTS
1
Heights
2
Amendment
Prepared by
Approved by
Distribution Zone Exhibit
1
Greg Ray
Associate Civil
R Dennis Delzeit
Engineer
City Engineer
Meeting
Date
June 20 2006
Director of Public Works Date June 15 2006
j
Agenda
Item 4 R
Page
Council
Page 175
City
Meeting
of June 20 2006
3
He
s
wr
N r ZQC
l
i
CITI QF
1
PlSMO BEACH
l
Heights
Heights
3
Distribution Zones
Hydropneumotic
Hl
Heights
3
Heights
2
HlS 5
lf
JrO
HEIGHTS DISTRIBUTION ZONES
Figure
1
DNe
r 500
I
1
t
John L Wallace
j
o
ates
Agenda
Item 4 R
Page
City
Council
176
Page
Meeting
of June 20 2006
4
AMENDMENT
to
1
the
June 27 2003 AGREEMENT BETWEEN THE CITY OF PISMO BEACH
AND WALLACE GROUP INC
FOR PROFESSIONAL SERVICES FOR
THE HEIGHTS 3 BOOSTER STA nON PROJECT
Pursuant to the June 27 2003
Agreement for Professional Services between the City ofPismo
Beach hereinafter referred to as CitY and Wallace Grouo Inc bereinafter referred to as
Consultant City and Consultant hereby agree as follows
4
1
Additional services shall be
perlOtmed as set forth in the letter dated
by this reference made a part hereof
November 23 2004
which is attached hereto and
2
Compensation for timing ofthe additional services shall he as set forth in the referenced
letter CompensatioIl for the additional services shall not exceed the amount of
186 205 without prior written approval of the City
3
The revised fee under the June 27 2003 contract
4
All other
provisions ofthe June
plus this
amendment
27 2003 agreement between
City and
1
is
205
186
Consultant shall
remain in full force and effecL
CITY OF PISMO BEACH
WALLACE GROUP 1NC
By
By
Kevin Rice
City Manager
Date
ACCT
Date
12442
606
56054
Agenda
Item 4 R
Page 5
Council
Page 177
City
Meeting
of June 20 2006
SUBJECT TITLE
PRESENTATION BY LARRY ALLEN WITH THE AIR POLLUTION CONTROL DISTRICT
RECOMMENDATION
Receive
presentation
EXECUTIVE SUMMARY
Larry
Allen Air Pollution Officer with the Air Pollution Control District will
Global
present
information
on
Warming
FISCAL IMPACT
None
OPTIONS
N A
ATTACHMENTS
N A
Prepared by
Approved by
Lori
Grigsby City
Clerk
Meeting
Date
June 20 2006
Date
j
Agenda
Item 6 B
Page
Council
Page 178
City
Meeting
of June 20 2006
1
SUBJECT I TITLE
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PISMO
BEACH TO ADOPT AN ORDINANCE GRANTING A FRANCHISE FOR EXISTING
OIL PIPELINES TO CONOCO PHILLlPS AUTHORIZING THE PUBLICATION OF
NOTICE OF AND SETTING A PUBLIC HEARING TIME DATE AND PLACE FOR
THE PUBLIC HEARING PURSUANT TO PUBLIC UTILITIES CODE SECTION 6232
RECOMMENDATION
By
motion
approve and
adopt
the Resolution of Intention
EXECUTIVE SUMMARY
Pismo
Beach Staff has
discussing with Conoco Phillips the necessity of
updating
existing
agreement between Union Oil Pipeline Company which
has been acquired by Conoco Phillips and the City of Pismo Beach for currently
existing pipelines Staff and the proposed franchisee are in substantial agreement as to
the recommended language in an ordinance Current state law allows the City to grant
a franchise and require compliance with Public Utility Codes SS6201 et seq
This will
7
the
close
to
000
in
additional
annual revenue with a CPI increase each
bring
City
year The proposal also provides for an up front granting fee for additional revenue
the
long
been
franchise
The process required by the State Code is for the City to first pass a resolution
declaring its intention to grant the franchise and then within the time frames provided
at which time any person
by Public Utilities Code S6232 conduct a public hearing
interested
may make written protest stating objections against the granting of the
franchise The hearing must be set for a date twenty days or more after this City Council
meeting but not more than 60 days after the passage of the resolution of intention Staff
will also be
required
within fifteen
days
to publish a notice of the hearing on the ordinance at least
after passage of the resolution of intent
pipeline franchise in Pismo Beach is somewhat murky
City entering into this process is mandated by the
necessity
existence of the pipelines and the inability to collect revenue and impose requirements
for quality of maintenance on the pipelines in the absence of the franchise The current
Background
However
The
once
history
the
of the
of the
situation will not change even if an extensive review of the history is undertaken to
make sure that all of the following statements are completely accurate
It appears that most if not all of the pipelines in question go through Shell Beach Shell
Beach was not originally part of the incorporated Pismo Beach in 1947 The County of
San Luis Obispo through Pipeline Ordinance Ordinance 420 entered into a franchise
with Unocal the
pipes
Council
Page 179
City
proposed
franchisee
and that franchise took effect
Meeting
s
on
predecessor
in interest in
regards
to the
existing
December 17 1958
of June 20 2006
Agenda
Item
6 A
Page
1
Upon
annexation of the franchised territories the City of Pismo Beach became the
in interest to the franchise language
Since then state law has changed
successor
quite a
charged
few times
to franchises and the amount of money that can be
and the conditions that can be imposed upon franchisees have been severely
restricted
in
regards
A
representative of the proposed franchisee has approached the City of
proposing a pipeline franchise be adopted by the City This franchise
would cover the pipelines currently owned and or controlled by the proposed franchisee
The proposed franchise which will be adopted by ordinance grants a non exclusive
right and privilege to the franchisee to construct erect maintain operate repair renew
and abandon the pipelines in under and along and across public streets and alleys
The proposed ordinance proposes stringent reporting requirements upon the franchisee
and stringent repair and standard of repair requirements upon the franchisee
Pismo Beach
The
length of the franchise is negotiable The remaining contents of the proposed
impose the maximum price maximum reporting and maximum standards of
conduct allowed to the City pursuant to state law
ordinance
The date set in the draft resolution may be changed at the convenience of the City
Council as long as the selected date is more than 20 days and less than 60 days after
the
adoption
of the resolution of intention
FISCAL IMPACT
None directly by adoption of the Resolution
adoption of a new franchise agreement and
fee revenues some 7 000 per year greater
Furthermore
the
ATTACHMENTS
Prepared by
Submitted by
new
1
Council
Page 180
However
than the current
annual franchise fees would be
approval
and
subject
662 per year
to increase with inflation
Resolution of Intention
Roy A Hanley Deputy City Attorney
George Edes Admin Services Director
City
of Intention
ordinance should result in annual franchise
Meeting
Meeting
Date June 20 2006
j
of June 20 2006
Agenda
Item 6 A
Page
2
RESOLUTION NO
R 2006
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PISMO
BEACH TO ADOPT AN ORDINANCE GRANTING A FRANCHISE FOR EXISTING
OIL PIPELINES TO CONOCO PHILLlPS AUTHORIZING THE PUBLICATION OF
NOTICE OF AND SETTING A PUBLIC HEARING TIME DATE AND PLACE FOR
THE PUBLIC HEARING PURSUANT TO PUBLIC UTILITIES CODE SECTION 6232
WHEREAS
the
City
public
Council to
franchise
Section 6231 et seq of the California Pubic Utilities Code requires
adopt a resolution of intention to adopt an ordinance granting a
and
WHEREAS
Beach that
are
Pipelines already exist within the boundaries of the City
subject to franchise under the referenced code sections and
WHEREAS in the absence of such
permissible
franchise fee and yet has
no
franchisee
as
permitted
by
as
to order the
City Council
law and to
pipelines
of the
regulate
may not collect the
City
City
removed
and
of Pismo Beach to
the conduct of the
proposed
under State Law
NOW THEREFORE BE IT RESOLVED
Beach
ordinance the
authority
WHEREAS it is the intention of the
collect franchise fees authorized
an
of Pismo
by
the
City Council
of the
City of
Pismo
follows
1
The
City Clerk is authorized and directed to give the
hearing required by the Public Utilities Code and publish
the
hearing
on the
notice of
notice of
ordinance pursuant to section 6232 of the Public
Utilities Code
2
On
July 18 2006 at 5 30 p m the City Council of the City of Pismo
Beach will conduct a public hearing on the question of the adoption
of an ordinance granting a franchise to Conoco Phillips for the
pipelines already existing in the City Limits The hearing will be held
at the
City
Council Chambers
760 Mattie Road
Pismo Beach
California
Page
181
of June 20 2006
Agenda
Item
6 A
Page
3
UPON MOTION OF
the
foregoing
City
resolution
of Pismo Beach this
seconded
by
passed approved and adopted by the City Council of
20th day of June 2006 on the following roll call vote to wit
was
the
AYES
NOES
ABSENT
ABSTAIN
Mary
Ann Reiss
Mayor
ATTEST
Lori
Grigsby
City
Clerk
CMC
Page 182
of June 20 2006
Agenda
Item 6 A
Page
4
SUBJECT TITLE
REQUEST BY COUNCILMEMBER RABENALDT REGARDING THE CONSIDERATION OF
A BUILDING MORATORIUM
RECOMMENDATION
Councilmember Rabenaldt to lead discussion
regarding
a
Building
Moratorium
EXECUTIVE SUMMARY
Councilmember Rabenaldt will lead the discussion of this item
FISCAL IMPACT
N A
OPTIONS
Discussion and if necessary staff direction
ATTACHMENTS
N A
Prepared by
Council member Rabenaldt
Meeting
Date
June 20 2006
Date
Approved by
k
Agenda
Item 6 D
Page
Page 185
of June 20 2006
1

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Transcription

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