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I'm going to call this meeting to order. This is a regular meeting of the Pistil Beach City Council. It is Tuesday, April 15, 2025, at 5.30 p.m., roll call, please.

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The

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next item is acceptance of the agenda and he changes from the published agenda to

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agenda for the council?

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Seeing none, we have a presentation.

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And with the council's begin reading the proclamation.

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And Mr. Juan Ramirez, could you join me at the podium?

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A proclamation of the City Council

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of City of Pizmo Beach, California,

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recognizing April 2025 as Sexual Assault Awareness Month.

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Whereas sexual assault awareness month

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calls attention to the fact that sexual assault

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is widespread and impacts every person in Pizmo Beach.

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And whereas luminalized provides essential life-saving services for survivors, their children and families throughout San Francisco County in Pismo Beach and

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Where as sexual assault, assault can result in physical injury,

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psychological trauma, and even death. The devastating consequences of sexual assault

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can cross generations and could last a lifetime.

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And whereas there is a need to focus on the individualized needs of sexual assault survivors,

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and whereas the marginalization of certain groups in society, including undocumented individuals,

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transgender individuals, and those living with disabilities increase their vulnerability

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to sexual assault.

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And whereas Lumina alliance continues to provide a safe environment to those affected by sexual assault with a 24-hour crisis line, advocacy, therapy, transitional and emergency housing and prevention education with the help of dedicated volunteers and professionals.

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And whereas Lumina alliance has received our 2000 calls to the crisis and information line provided housing for 171 emergency shelter clients including 70 children and provided more than 4,200 hours of therapy and whereas Lumina alliance serves as a bright light during dark times for survivors of sexual assault illuminating a path towards safety and healing.

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And, whereas the City of Pistomal Beach strongly supports the efforts of Lumina Alliance,

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how every segment of our society can work together to address sexual assault,

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and how to help survivors connect with services.

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Now, therefore, the City of Pistomal Beach hereby recognizes April 2025 as sexual assault awareness month.

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dated this 15th date of April 2025, Ed Waggy-Mayor.

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And with me is Mr. Juan Ramirez from Aluminum Alliance Board of Directors who will be accepting

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the proclamation and we just appreciate all that Aluminum Alliance does to help those that

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need.

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So if you'd like to say a few words.

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Yes, thank you Mayor.

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Thank you to the City Council members for this proclamation.

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My name is Juan Ramirez, I'm the Board of Directors for Lumina Alliance.

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For over 40 years, Lumina has been supporting survivors of sexual assault and intimate partner violence.

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Our mission is to empower those impacted through, in the very support, healing and prevention programs.

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We provide a 24 hour crisis and information line, legal referrals, emergency shelters,

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First, transitional housing, self-sufficient services,

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individual group therapy, and comprehensive prevention program.

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A closing, again, thank you Mayor.

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Thank you City Council members.

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We're so grateful for this block of mission in your ongoing support.

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On behalf of the Luminati Alliance, part of the directors, staff, volunteers.

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We thank you all for taking action this month to create the safe, thriving, and equitable community.

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Thank you.

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Thank you very much.

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We appreciate all that you're doing to help those out there that need your services. Thank you.

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The next item is public comment on items that are not on the agenda. I have no speaker slip. Anyone like to address the council on an item not on the agenda?

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Seeing none, we'll move on to city management report. Mr. Garcia.

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just thank you mayor members of the city council. As you will notice tonight are normal city clerk

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Miss interleaders not here she's way at training for our laser fish software that we utilize

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so Mr. James is filling in in that role today so I'd like to welcome him to my right hand side today.

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A few updates for the community. First one of us start with acknowledging the unseen heroes in our

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community which is our public safety dispatchers. It is dispatcher appreciation week. So Chief Smith and

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several members of our community have been going above and beyond to really show appreciation and

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acknowledgement for our dispatcher. So I'm sure they appreciate all the treats and goodies that

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they'll be getting throughout the week. Just a small way for us to appreciate those who take those

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calls. Usually they are not calling the police department on their happiest days. It's usually because

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something serious has happened, so we appreciate the work they do, often unseen, but a very important part of our public safety family.

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Did want to also let the city council and the community know that in our public works department, we are participating in the California Streets and Road Assessment Survey.

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This is a part of a joint program with the County Engineers Association of California, the League of California Cities.

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And this is to help us maintain 85% of all of our roads in California, which are local roads.

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So the cost continues to go up, but the normal revenue streams that we have, such as gas tax are not.

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So our participation in the survey is going to help provide a report card and

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suggestion so that we can work collaboratively with the state on how we can maintain our vast transportation infrastructure.

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So this really shows the importance of local roads and investment, but as well as the deficiencies that exist within the existing framework.

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So Ms. Gaglioni and her team are working to get that filled out.

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So if anyone in the community hears about the streets and roads assessment survey, that is what it is.

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It is an important part of what we are doing.

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It did also want to highlight two upcoming community events that are happening.

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This Saturday, April 19th, our beloved extravaganza is happening once again at Dinosaur Caves Park,

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so it'll be between 10 a.m. and 1 p.m. with the first egg hunt for the smallest of our

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Easter bunnies.

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We'll begin at approximately 10 a.m., the full schedule is on our website.

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We are once again excited to have this event, so a big thank you to our Recreation Department,

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public works and our police department for helping to coordinate and get all of these

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activities as well as the countless amount of volunteers. We could not put on our events

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without a strong, strong bench volunteers that we have throughout the community. So really

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appreciate everyone getting together so that we can have this amazing community event.

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And for our mothers, our beloved Mother's Day concert is scheduled for Sunday, May 11th.

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This really starts our concert series.

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Again, at Dinosaur Caves Park, that is from 1 to 4 pm.

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So if you are looking for a fun way to celebrate Mother's Day at Dino Caves Park, 1 to 4,

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you can even tell your mother that you got free tickets.

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So we're excited to have this event once again, and that concludes my updates for today.

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Any questions?

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I want to add that Damon Castillo, the seal, sorry, is playing on another stage.

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That is correct, yes.

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I'm excited about that.

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Very good.

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Other questions, comments?

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Seeing none, we'll move on to City Attorney's Report and any close session.

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Thank you, Mr. Mayor.

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The City Council did meet and close session under Government Code Section 54956.9 subdivision D1 on a conference of legal counsel on existing litigation in Andrew Crow Family Trust versus the City of Nismo Beach.

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there was no reportable action.

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Thank you. We'll move on to city council committee reports and committee reports.

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I've just got a few fire safe council meeting tomorrow.

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There's a couple more grants announced, PG&E's announcement and also the California fire safe council has a grant

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help on administrative overhead costs which have been very effective.

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And I have a ethical meeting Thursday, and it's mainly a budget and work plan for the coming year.

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And it's not too busy right now, but it's going to get pretty busy later on this year.

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That's all I have.

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We'll now move on to the consent calendar.

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I have no speaker slip on consent.

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Anyone in the, here in the chambers, wish to comment on any item under consent.

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I'll bring it back to Council. Anyone like to fool any items on consent?

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The I like to pull item 9-H.

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9-H is the thrown ordinance.

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That's great.

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And I would like to pull 9-E, please.

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9-E is the encroachment, the rail fence, any others.

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And again, both cases the pull for separate discussion, okay.

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All right, an entertainer motion to approve the rest of consent minus 9E and 9H.

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I make a motion we approve the consent calendar with the exceptions of items 9E and 9H.

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It's our second.

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Second.

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We have Mr. Clerk.

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We have a motion the second.

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Roll call please on consent minus 9E and 9H.

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Councilmember Newton?

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Yes.

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Councilmember Guthrie?

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Yes.

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Councilmember Inman?

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Yes.

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Mayor Patten-Rese?

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Yes.

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Mayor Walgay?

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Yes.

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Motion passes.

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Okay.

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We'll move on to 9-E.

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Mr. Garcia.

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Yes.

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Thank you, Mayor Rembers of the City Council.

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Item 9-E is an encroachment agreement to allow an open rail fence in the city right of way along

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the Water Street property frontage at 306-Pierre Avenue.

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There is an exhibit to the encroachment agreement itself.

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If there are specific questions, happy to answer those, also happy to give a presentation.

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Our public works director is available as well as our city engineer.

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Ms. Gaglioli, would you prefer to do a presentation or just answer questions?

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I think we just answer questions if that is easier for us.

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Yeah, I was looking at the photographs, thank you for those.

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and this is, there's a white fence and then there's outcroppings of land with foliage, not foliage, little plants.

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And the reason I wanted to separate this is because I know that this is in Shell Beach and there have been other properties where certain residents have been required to change their

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footprint, I'll say, due to encroaching on the cities right away.

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So I think it's important for the council to see the pictures because before, at least

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with one property, which is Mr. Meiner's property, we required a change so that it didn't

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go over the city right away.

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So I'd like everyone to be sure we want to allow this encroachment.

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And I wanted to know how long it was, Mr. Eric, which I'm not thinking your last name right now, sorry.

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Eldridge, Mr. Eldridge.

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Good evening, everyone, Eric Eldridge, City of Pisma.

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The case of Mr. Minor was he had a retaining wall that was encroaching in that wasn't allowing additional parking and kind of a view triangle there.

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which is a little bit different than the case that's before you today where they've actually done their gutter and their curb improvements and there is a frontage parking and the encroachment,

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they have a 50 foot wide right away and so they're encroaching in about 30 inches with their fence, but it's not impeding the parking or those frontage improvements.

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So it's a little bit different case with Mr. Minor on that one specifically.

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So could we see the picture so you could kind of point out for us how it encroaches there there are two pictures in our package

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Sorry, I don't have anything

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Can

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you describe where the encroachment is sure so

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Yeah, so at the at the top of the screen where it says water street and then you can see the heavy

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Dash broken line. That's the city right away and the city right away is about

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50 feet wide. And then you can kind of see then the hatching, the hatch pattern. That's the area. That's the zone of where they encroached with their picket fence or that decorative fence. So they encroached into the city right away about 30 inches there, along there, along water. And then they, they were able to pull back in as it made the curb return and then it went down pure avenue. And then if you go into scroll down and go to the color photo. So you can see the street light there.

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in the fence, go down one more. So right there, so that's a good looking line there. So,

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so even though they're about five feet back from the face of curb, so from the existing

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face of the concrete curb they're about five feet back. Technically they're still 30 inches in

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coaching. Okay, I mean it looks very nice and the way the encroachment I'll call resolution

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is written, I think, really helps protect the city of Tizmović, but I want everyone

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to see it because we made different decisions in the past.

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Why just had a quick question since we got this up.

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When people are making improvements, don't they do a survey, or was this just a landscape

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job that they followed the, you know, maybe the line of that was already existing?

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I'm just curious as to how this happened and are we going to look for something or if there was a reason that we could pinpoint are we going to look for?

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So they had a full topos survey done. They did frontage improvements. The whole house is new.

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They did a landscaping change, which is very common. People do it all the time where when you first go with your landscaping and then by the time you're done they change it.

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And in this case, they didn't have that walkway connection.

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So where you can see the home here,

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and then you can see the paper pathway.

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This whole zone was actually just landscaping,

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and then they added that,

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and then they kind of changed their landscaping palette,

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which is really normal, everyone does it.

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And then the fencing, when that got laid out,

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it just, I can't speak for them because I wasn't there,

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but they got moved.

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I think the other slight nuance on this one,

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And I think why some of the elements changed is originally there was sidewalk that was proposed.

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When the original policy was there, there was a sidewalk that was required, then the council subsequently changed its policy that did not require sidewalks.

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So then that also threw some of the original landscaping off so then they moved the sidewalk or the walking path there to allow for access into the home.

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that the owners in a wheelchair here, and so they had a connection from their driveway where then they would go around on the city sidewalk and go around and then once they didn't have to build the sidewalk anymore on either frontage, then they added one along the house frontage.

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So, I don't know how to catch this in the future, but I do know accumulated impacts very

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well because I've seen it happen over the last 25 years with traffic, with parking, with

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everything else.

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So we've got miners who encroached 17 inches, we've got 30 inches here, so I'm just kind of

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thinking of, and I, it might not be a big deal now, but as things change along Ocean Boulevard,

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another, you know, having a two-way road is going to be very important. So, and I'm

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not trying to make a big deal about this, but I do think that, you know, that we should

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look at this and think, okay, how can we prevent this from happening in the future? Because it

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might not be, it might have to be undone, because you know what I mean, it might have to end up.

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So those are great points.

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This one, we don't have a picture where if they rotated slightly in the street,

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you would see that they actually widen the street here.

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So they actually, what I would call curb to curb, it's not fully built on the other side.

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But the full street with that the city's seeking, they did that obligation.

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So it only came down to the actual concrete sidewalk.

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And this one, the whole reason why we're bringing it before you as an encroachment agreement,

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Is it is that's a agreement that's recorded against their title that at any future date we can take it back

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So we can say hey at their cost or we will charge them they have to remove it and then we can

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So this met this is a mechanism where we the city are protected where then we can come back and claim our property

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Yeah, I understand that and I understood it when miners, you know when we did that with miners

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I would just like to avoid that

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But that's kind of my preference, and I don't know if that's even realistic, but that would be my preference.

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Any other questions?

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Just a comment, you know, when we did improvements or minors, we also didn't force them to go all the way back.

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We kind of met somewhere in the middle, because it conformed with the existing homes that were already developed there.

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And with this here being a fence, being a non-permanent structure, I don't see the issue with it.

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Okay. Any other questions? Let me go out to the public. I haven't spoken to any public

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comment on this item. Seeing none, I'll bring it back to Council on the further deliberation.

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If not, we have a I believe a resolution. Yes, we have a resolution.

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And my comments were not specific to this property because I don't have as much of a problem.

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It is properties in the future where the choice is not going to be just accepted. It's going

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to be reduced, so I'm just trying to figure out a way to catch it.

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I agree. That's why I brought it up. It's the accumulation effect and how that continues

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and how we need to watch for these kind of things.

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I guess this is actually an accroachment agreement, not a resolution.

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I make a motion. We approve item 90.

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Is there a second?

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I'll second. Mr. Clerk, I have a motion to second.

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Roll call please.

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Councilmember Newton? Yes. Councilmember Inan? Yes. Councilmember Guthrie? Yes. Mayor

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Pro Temries? Yes. Mayor Waggy? Yes. Motion passes, 5-0. Okay, we'll move on to the next

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pulled item, 9-H, which is the, I'll be forward to it as the drone ordinance.

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Sure. I see you. Yes, thank you, Mayor. That's exactly what this item is. This is the second

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reading. Following the first reading, we did make the changes as directed by City Council.

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Those are outlined in the staff report.

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We're happy to answer any questions or if the council has any specific request.

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Go ahead.

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Let's make your point.

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Yeah.

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So, how did this item come to be on our agenda?

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Because I don't recall the council requesting it.

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I don't remember the public standards, the issue with drones or anything.

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So I'm just, how did this get on our agenda?

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There's a couple of reasons it came to the council.

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Well, the first and foremost was we had some concerns that for special events that were operated by the city, the drone operator could not legally fly on behalf of the city because of the city's ordinance.

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So we did kind of a ground up look at what the city's ordinance said to see if it was impinging on that ability.

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In that time frame, we also had a number of people who were actually cited by the police department for it.

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One of the cases went to trial and found in favor of the defendant, but on the basis that

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there were not enough signs stating that this was prohibited.

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So when we looked at kind of a global view of the ordinance, we realized that there were

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some potential infirmities in there that we could have an opportunity to tighten up and understand

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where the limitations were in our existing ordinance.

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And so that's where it came from basically.

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Okay, so I mean, if I hear this correctly, so we lost a case in court and this is our correction.

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No, that happened in after we were looking at it anyway for our special events because we had some concerns about special events drone operators and they were coming to the city manager for waivers of our existing ordinance as part of the special events process.

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That waiver was not explicitly provided for in the ordinance, it's something we were doing administratively.

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And so there was a concern that, well, we don't really have the authority to be waiving it, so let's fix our ordinance.

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So the city manager can get out of the business of issuing these waivers for our special events, because the drones do benefit our special events.

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We've got people that are flying on behalf of the city for either filming the special events or filming for publicity purposes, but they were prohibited under our existing code from doing that.

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And so that's what the genesis was the citation that came out of that was during the process of our review of the ordinance

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So just provided an additional basis for us to do a revise of the of the ordinance

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But it's still expanded from the safety zone to essentially the entire city

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Well, the issue was what is our regulation? What is our ability and

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There was nothing stated elsewhere

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So we wanted to make sure that we were giving clear direction to those who would fly within the community as to where they could and could not because it wasn't clear from the beach safety zone, what you could and could not fly? Where did it exactly prohibit? In other words, could you take off it just said I believe

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We have to leave, operate or land within the beach safety zone, and operate runs into that federal preemption issue that we discussed when we're talking about the ordinance.

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They can operate in the sky, and we have no control over it, so we looked at, okay, let's designate where they can take off and where they can land, so that it is very clear, so that no one's going to have a concern about when they send a drone up, that they're going to get a citation, whether it's on behalf of the city as part of a special events process, or anywhere else in the city.

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Right. And since we can't regulate the sky, we're back to the same old thing that if you are, if you live 251 feet away from a park,

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you can fly your drone to the park, but if you live 249 feet, you can't.

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Well, it's more where you can take off and land. If you were in Grover Beach and you sent it up from Grover Beach, you could fly the whole city at Pizmo Beach.

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It's the FAA preemption.

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What we're trying to do is, excuse me, strike a balance between public safety for people

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who are operating the drones so that they don't endanger other people while they're operating

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them.

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And that's kind of the comprehensive strategy.

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Council is the decision maker on this.

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If you don't want those restrictions, then you can give us direction to come back and just

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just remove the reference to drones in the beach safety zone and then it will be anyone

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can fly anywhere on but we don't have any restrictions then and if someone gets hurt

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by a drone because of improper operation or dangerous operation or someone's privacy

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is invaded because someone is hovering over then we don't have those regulations so this

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is just a tool that we would use. We would use it sparing like we use most code enforcement

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tools but it just provides us the opportunity to regulate where where that can be a problem.

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I understand your concerns I mean but I did look and I mean fortunately there's already existing

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law that does cover a lot of things like we talked about before regarding firefighting aircraft

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e-dropping on people where people expect to have a right to privacy like there's already

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state law that covers almost all of that but you know what I want to make sure we don't do is overreach

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on this. You know, I understand public safety and it's not a problem. But, you know, fortunately,

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you know, if they have so many of these fact sheets that you can open up, right? But the

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one that concerned me was is that you may not substantially interfere with the property

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owners actually use an enjoyment of the property with the restriction. So if I can't launch

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a drone from my house, I think I'm interfering on someone's right to enjoy

295
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I'm not familiar with that portion of the FAA's regulations, but I can certainly look at it.

296
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But ultimately, if the council wants to strip down version of this, we'll take direction

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to do that and bring you back something that is, I don't want to see more user-friendly,

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but less restrictive.

299
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That covers the highlights that we were looking to do.

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But what we were concerned about is just having unregulated drone flights throughout the

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the community where they can take off and land anywhere and the one you know that the person got

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cited for was taking off from the the peer and that can be a severely impacted area during the

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summer so if we don't have those regulations in place we may have people setting off their drones

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from the peer without any regulation at all. And do we know if that person was doing it like in an

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unsafe manner? I don't know the nature of it to be honest. I just don't know how that came about.

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I did want to mention one other thing that came out of that citation.

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There was some concern that for that person of the amount of the fine that was imposed

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by the court, I looked at the citation itself and the court imposed the wrong fine.

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I contacted the court's administrative staff and I said, what are you doing?

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Why is that so high?

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Our fine for an infraction is $100 and they said, oh, well, in the absence of something on

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our bail schedule, we just assume that it's the maximum.

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And I said, wrong assumption basically, and so they took care of that and addressed that for the violation of that particular code section.

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So hopefully that's resolved at the court.

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But we don't see anywhere near that amount of money out of a citation.

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If we have $100 fine, I think the last time I looked we get $17 out of that.

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It's not a significant portion. The rest of it goes to the court administration.

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Okay. And did we send this? I know I looked at the FAA's website on drones and they said if you're

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proposing an ordinance of municipality, you can send it in for a preview and comments.

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Did not. We can certainly do that if the council would like a second set of eyes on it. I'm not sure

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at this point what the status of the FAA's review program is on that. I know that a lot of the FAA's

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operations have been curtailed as with many other federal agencies. So I'm not sure how long

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that turnaround time would be okay and then our current ordinance we don't allow any launches

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from the peers that correct it's no operation or landing I think is what it says currently

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doesn't say anything about taking off right so I'm just curious with our commercial events I mean how

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Are our commercial operators keep line of sight, which is also required, and do the job of promoting the event or the city? Well, there are different regulations once they're in the sky. If they're a part 107 pilot, they have lesser restrictions on the line of sight provision. They can fly over people, they can fly at night, but they have to basically go through very similar training to what a commercial airline pilot has to go through. They're not actually flying an airplane, but they are flying an aircraft.

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And so they have to go through the same kind of training, they have to go through the flight school, ground school to get that certification.

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They get a little card that shows they've got that part 107.

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And so they have fewer restrictions than the hobbyist drone operator.

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But they couldn't be a single person operator then.

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Because they had to launch their drone from elsewhere.

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Beyond the peer to watch the surf and event to bring it over.

333
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Correct. Yeah.

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So we're in the end making them have to have staff.

335
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Well, we're not looking to increase the administrative burden on there

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We're looking to protect public safety and where there's a balance between public safety and administrative burden

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That's going to be a policy decision for the council to make a determination

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So if the council wants to make it less burdensome, but potentially have situations where there's an increased risk to the public

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That's a policy balancing thing and we'll take direction as to the council about how you'd like to do that

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Okay, and then there's one other part in that in the Rose Ordnance, and I understand maybe a little gray area needs to be clarified.

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It talks about you have to obtain a city film permit in order to film as a commercial user.

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So, when you look at our current rules to get a film permit, you know, it's not a simple process, it's a $1,400 application.

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And in here it doesn't say there's going to be a new film permit process, something else like that.

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So can you tell me what that would default?

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Sure, I'll answer that one.

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So what we were proposing and anticipating is if the ordinance moved forward tonight,

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then we would bring forward a resolution to establish the fee for drone use.

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The film permit fee as it currently exists within the municipal code

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is really poor film production. When we have TV commercial shoots, TV movies that come in,

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most of the time it's on the beach. Other times it's in other locations, but the vast majority

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when people want to film commercials, the most recent one that we had a couple years ago was

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Rivian. When they were getting ready to launch the Rivians here in the United States, they film

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on our beach. That requires a lot of coordination, safety, shutting down areas of the beach,

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doing different things to help accommodate that. That level of film production, insurance,

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oversight doesn't necessitate the $1,400 fee. And arguably, it's quite low. Several other jurisdictions,

356
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it's in the tens of thousands. But that was the number based on what we could calculate for

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or staff time impact to process that.

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So we were envisioning a fee,

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like a one-time use fee closer to $20,

360
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an annual fee of something like a hundred

361
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for drone type use,

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for commercial purposes.

363
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If it was for lack of a better term,

364
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Johnny in the backyard using a hobby drone

365
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to fly over his house, there would not be a fee for that, and that's not a commercial use, so that was what we were anticipating.

366
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Okay, my last question is, in the ordinance, it talks about being the 250 feet from any city property.

367
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I mean, is there an issue since the city does own every road in Pismo?

368
00:33:56,060 --> 00:34:03,060
The intent was the real property where there's actually a specific designation.

369
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We can certainly tighten that up and say that it doesn't apply to roads, that it only applies

370
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to city parcels for which there's an assessor's parcel number of some description.

371
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We can do that.

372
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It's just tightening up the ordinance, but we wanted to bring something forward to you as kind

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of a regulatory structure and it's up to you as the council to tell us how much regulatory

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structure you want to have. If you don't want to have a regulatory structure, we're

375
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fine with that, too. We're just trying to provide some tools to protect the public safety.

376
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I define the common kind of funny because you can't fly near any parks, buildings, anything

377
00:34:37,060 --> 00:34:43,460
else, and you better know that. But if you're on the pier, we're required to have a sign, which

378
00:34:43,460 --> 00:34:46,240
is what we lost the case on. Well, that's what the judge-

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00:34:46,240 --> 00:34:50,420
conflict for users. That's what the judge ruled. There was no provision in the municipal

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code requiring signage, though. That was the judge requiring that.

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So when I looked at a municode under 12, 2,200, it says that for the rules above it, the

382
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Department of Public Works shall be responsible for adequately posting area described in this

383
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chapter, advising the public prohibited activities within these areas. So I assume that's what

384
00:35:13,940 --> 00:35:17,900
So that was put the judge found, but if anybody else

385
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has any questions, I'll say it by comments.

386
00:35:23,210 --> 00:35:28,370
I just want to make the council aware after we discussed it

387
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during the previous meeting, I was informed by the friends

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of Price House that they've had several instances where

389
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people are taking off with drones.

390
00:35:38,890 --> 00:35:41,710
They're in the parking lot at the park and then buzzing people

391
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at the park, actively buzzing people, not just flying around recreationally, if you will.

392
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But I think when I learn that, and part of the problem is we discussed earlier the price

393
00:35:56,070 --> 00:35:58,750
of these drones is so cheap, no, almost anyone can get one.

394
00:35:58,890 --> 00:36:05,550
So I think we need some balance here, I'm hearing maybe we went too far, but we also have an issue

395
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where we need to make sure we do protect the public in case we're definitely needed.

396
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I also just wanted to point out I took a look at the signage provisions in the code.

397
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It talks about signage for prohibitions on claiming and the closure of the beach safety

398
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area.

399
00:36:19,450 --> 00:36:22,230
So those are the two provisions that require the signs.

400
00:36:22,850 --> 00:36:23,090
Okay.

401
00:36:23,190 --> 00:36:26,170
Of course, I've said everything basically about it, but we can do all that later.

402
00:36:28,410 --> 00:36:35,410
Well, I got a call from a business person that photographs real estate from the air that's

403
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coming on the market.

404
00:36:36,170 --> 00:36:41,190
And of course, I was confused, you know, you can't.

405
00:36:41,370 --> 00:36:44,190
So the city manager, or maybe it was Scott.

406
00:36:44,390 --> 00:36:48,110
I don't know, he emailed and got the correct information.

407
00:36:48,390 --> 00:36:50,990
I didn't have the heart to tell him, well, if you're over a city street,

408
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there's a chance you might get a ticket.

409
00:36:53,950 --> 00:36:56,410
And I realized, now that's a commercial use.

410
00:36:56,550 --> 00:37:00,350
He's doing it, but he doesn't make a ton of money.

411
00:37:00,690 --> 00:37:04,630
So getting, having to put more regulations in with him,

412
00:37:04,630 --> 00:37:10,410
I was told he didn't need a permit, but it was a commercial use, so I'm a little confused about that.

413
00:37:11,090 --> 00:37:17,970
So for a commercial use, even today, notwithstanding the ordinance as it's proposed,

414
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if you're operating a commercial business within the city, you're required to get a business

415
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license. So that would still be a requirement with or without this ordinance. So they would be

416
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required to at least have a business license because they're transacting business activities

417
00:37:34,830 --> 00:37:35,510
within the city.

418
00:37:37,670 --> 00:37:44,050
If this was approved in its current, that's our regulation, all business activity, all

419
00:37:44,050 --> 00:37:49,330
folks that do business within the city, even photographers that the city utilizes are

420
00:37:49,330 --> 00:37:52,550
required to obtain business license, that's a standard requirement.

421
00:37:55,170 --> 00:38:03,670
So, for the example, real estate photos, would they need to get a filming permit?

422
00:38:04,890 --> 00:38:10,610
The current regulations as it sits, as it's proposed, what we would be proposing is that

423
00:38:10,610 --> 00:38:17,430
there would be an annual fee for that, an application so that the operator has the proper

424
00:38:17,430 --> 00:38:18,990
or FAA license and insurance.

425
00:38:19,570 --> 00:38:23,850
They have that, it's a minor fee of, we have not created it,

426
00:38:23,950 --> 00:38:25,890
we were going to create it.

427
00:38:26,470 --> 00:38:28,450
Hypothetically, let's just say it was $100,

428
00:38:28,730 --> 00:38:30,090
it'd be $100 annual fee.

429
00:38:30,650 --> 00:38:33,650
We did receive an email earlier that proposed,

430
00:38:33,830 --> 00:38:36,790
if there was a business license that that could substitute

431
00:38:36,790 --> 00:38:38,930
for that, we're open to that.

432
00:38:39,070 --> 00:38:42,770
This is not a revenue generation for us,

433
00:38:42,950 --> 00:38:45,170
but any business license, I'm sorry,

434
00:38:45,170 --> 00:38:47,390
or any business does require a business license

435
00:38:47,390 --> 00:38:48,950
that is a requirement in the city.

436
00:38:50,800 --> 00:38:54,500
So, with the mayor's example,

437
00:38:55,500 --> 00:38:57,680
that can be enforced without the ordinance.

438
00:38:58,360 --> 00:39:00,420
Because the rules existing with FAA

439
00:39:00,420 --> 00:39:03,160
says you can't do what the mayor says you do.

440
00:39:03,260 --> 00:39:05,520
So it could be enforced without the ordinance.

441
00:39:08,210 --> 00:39:09,630
You're not allowed to buzz people.

442
00:39:10,390 --> 00:39:10,950
Correct.

443
00:39:11,210 --> 00:39:12,870
It'd be a federal regulation.

444
00:39:13,770 --> 00:39:16,750
It's not something the city would be a city regulation.

445
00:39:17,630 --> 00:39:26,170
So if somebody was launching from a city park with this regulation, it would, you'd be able to enforce it.

446
00:39:26,610 --> 00:39:35,390
But if somebody was launching from their property above price house and buzzing people, we couldn't enforce it.

447
00:39:36,610 --> 00:39:38,390
They would be able to operate it, yes.

448
00:39:38,390 --> 00:39:46,870
Yeah. Okay. So there's a part of me now. I've in 27 years, I've had one drone exposure that I think

449
00:39:47,510 --> 00:39:51,430
probably is a little obnoxious and the more I thought about it, he was probably sitting on the hill

450
00:39:51,430 --> 00:39:59,170
watching us all react. This was about 10 years ago or so. But I I'm feeling like we're over regulating

451
00:39:59,170 --> 00:40:07,490
this. I really am. It's not really a problem. If we want to put a sign on the pier and that says

452
00:40:07,490 --> 00:40:12,610
I just don't think it's going to offer solutions to what we're intending it to do.

453
00:40:12,870 --> 00:40:18,110
If you want to regulate it on the peer, I see that's a highly congested area and

454
00:40:18,110 --> 00:40:23,850
I see it's a more appropriate, but I just, I think we're over regulating the city.

455
00:40:24,130 --> 00:40:28,770
I honestly do fill that way, and I just don't, if it was a chronic problem or

456
00:40:28,770 --> 00:40:34,870
is the problem in the future, then we can address it, but I think what we're doing is just

457
00:40:34,870 --> 00:40:41,330
just making rules that aren't needed and aren't going to be effective in the long run.

458
00:40:41,330 --> 00:40:45,830
If somebody really wanted to launch from their property and buzz people or do something

459
00:40:45,830 --> 00:40:50,590
they're not supposed to do, so I just think it's over-regulating.

460
00:40:51,210 --> 00:40:53,930
And just we should be asking questions at this point.

461
00:40:54,550 --> 00:40:58,010
Any, let me go to the public list, there's more questions at this point.

462
00:40:58,010 --> 00:41:04,370
I have no speaker slip, any public here in the council chambers would like to address this item.

463
00:41:07,560 --> 00:41:08,820
You have three minutes.

464
00:41:17,220 --> 00:41:18,280
I'm a little confused.

465
00:41:19,140 --> 00:41:29,480
No person should launch a land, private property, other than a property owner, the property owned by the city without prior written consent of the property owner.

466
00:41:31,720 --> 00:41:35,460
Who's going to verify that they have the written consent of the property owner?

467
00:41:35,460 --> 00:41:38,280
I mean, are we creating a nightmare for policing?

468
00:41:40,060 --> 00:41:46,740
No person shall launch a land, et cetera, properly owned otherwise controlled by the city unless granted prior permission.

469
00:41:48,520 --> 00:41:52,340
Pursuit to a special event permit, that's the big dollar item.

470
00:41:52,820 --> 00:41:59,440
So any time it's commercial, it's going to the big, especially event permit, there's no other way around it.

471
00:42:02,060 --> 00:42:08,200
No person shall launch your land at UAS within 25 feet of another person except the U.S.

472
00:42:08,260 --> 00:42:10,000
they operate or the operators does it need.

473
00:42:10,860 --> 00:42:13,160
What do you have a large parcel in downtown Pizmo?

474
00:42:14,680 --> 00:42:22,340
It's not 25 feet, it's 12,000 feet and you've got people out there that are using it.

475
00:42:22,960 --> 00:42:24,900
Maybe they're your relatives, maybe they're not.

476
00:42:25,520 --> 00:42:29,320
Do you have to give a permit to yourself to launch?

477
00:42:30,240 --> 00:42:36,780
You own the property, it's large, it's, I have a 12,000 square foot parking lot, and I can't launch from it.

478
00:42:36,860 --> 00:42:40,920
By the way, I don't have the device, but it's a question.

479
00:42:42,660 --> 00:42:48,760
And then no person shall engage in commercial operation within the city without having to change the city business license.

480
00:42:49,460 --> 00:42:53,680
That kind of goes without saying, if it's a business, you have to have a business license.

481
00:42:53,680 --> 00:42:57,800
But I looked at the fees and they're less than $30 to $50.

482
00:42:58,640 --> 00:43:01,960
It's a tax, it's not a money generator.

483
00:43:02,240 --> 00:43:04,920
It's a tax, so you have some recommended, some tracking.

484
00:43:06,440 --> 00:43:07,960
I didn't even got a cup more.

485
00:43:09,970 --> 00:43:14,990
No person should launch her lawn within 250 feet of a school facility with a prior notification,

486
00:43:15,190 --> 00:43:16,890
written authorization from the school officials.

487
00:43:17,410 --> 00:43:18,570
What is a school official?

488
00:43:18,990 --> 00:43:20,410
Who is a school official?

489
00:43:20,810 --> 00:43:21,790
Is it the janitor?

490
00:43:21,790 --> 00:43:27,630
They're officially working for the, or is it the principal, or is it the vice principal?

491
00:43:31,710 --> 00:43:39,430
No person should learn to learn to do it within 250 feet of any city owned property without prior notification written on the position of the city manager.

492
00:43:40,050 --> 00:43:49,770
So on a beautiful day, you're walking around on the pier and all of a sudden you see a gorgeous opportunity to take a picture of the ocean of a sunset.

493
00:43:49,770 --> 00:43:51,870
that you've got to run down this gentleman here

494
00:43:51,870 --> 00:43:53,270
and get him to sign something,

495
00:43:53,530 --> 00:43:55,450
or you have to anticipate it ahead of time.

496
00:43:55,730 --> 00:43:57,430
You don't know whether it's going to be like tomorrow.

497
00:43:58,190 --> 00:43:59,850
So I question that.

498
00:44:00,330 --> 00:44:02,670
I mean, I don't know the answer, but thank you.

499
00:44:04,410 --> 00:44:05,230
Thank you very much.

500
00:44:05,410 --> 00:44:07,150
Any additional public comment on this item?

501
00:44:09,380 --> 00:44:11,300
If you could fill out a speaker slip afterwards

502
00:44:11,300 --> 00:44:15,660
to the blue speaker slip at the end of the chambers.

503
00:44:18,090 --> 00:44:24,690
I am a photographer. I run a real estate photography company. I'm not the one that called

504
00:44:24,690 --> 00:44:30,470
in, but I am one of them. And I saw this through a post on social media that kind of spread

505
00:44:30,470 --> 00:44:37,590
like wildfire and not in a good way. So long story short, I agree with the council members.

506
00:44:37,710 --> 00:44:42,230
I think this is over regulation in general, but that being said, like I understand that there

507
00:44:42,230 --> 00:44:49,850
some jurisdictions that have regulations on this like Malibu or county of LA? I understand

508
00:44:49,850 --> 00:44:54,650
that. I'm not saying that all regulation is bad or anything like that. I'm just saying

509
00:44:54,650 --> 00:44:58,190
I think this is probably a little bit too far as far as how it's currently written.

510
00:44:58,190 --> 00:44:59,870
and some cons

511
00:45:00,000 --> 00:45:24,660
Next for at least real estate photographers, we charge maybe like 100, maybe 200 for drone work. So in terms of like real revenue generation for us, and I know you said the permit is mostly for film productions, you're not gonna get 1400 from us. We'd rather launch from Grover and fly over Pizmo within line of sight, all things considered.

512
00:45:26,800 --> 00:45:28,200
Other thing that I wanted to say,

513
00:45:29,360 --> 00:45:36,480
just for information, so the FAA does have, of course, various laws that we have to follow.

514
00:45:36,860 --> 00:45:43,640
As far as beyond visual line of sight and operations over people, there are technically

515
00:45:43,640 --> 00:45:47,540
some drones that are allowed for that and have been approved for that, but they're very

516
00:45:47,540 --> 00:45:52,540
minimal, so I would just encourage you to make sure the person that you're hiring for those

517
00:45:52,540 --> 00:46:00,580
operations has that specific equipment. Because most of us don't. There's certain drones

518
00:46:00,580 --> 00:46:05,120
that are not good, especially in nighttime, I'd say. And if you're going to have these

519
00:46:05,120 --> 00:46:11,580
events at night, yeah, I don't know. I made my point there. Night flight, that's a lot

520
00:46:11,580 --> 00:46:12,720
easier now, thanks to the FAA.

521
00:46:15,560 --> 00:46:17,640
Yeah, as far as the people buzzing, they're going to buzz

522
00:46:17,640 --> 00:46:21,720
no matter what. The way that this is ran is only going to hurt the people that are already

523
00:46:21,720 --> 00:46:28,660
lawfully flying. I trust my guess. Any additional public comment?

524
00:46:30,940 --> 00:46:31,660
Again, if you can feel

525
00:46:31,660 --> 00:46:33,060
as speakers to it, we appreciate it.

526
00:46:37,810 --> 00:46:41,170
In the past 20 years, I've been drawn flying for about

527
00:46:41,170 --> 00:46:48,930
eight. I'm a part of a 2007 commercial license flyer. I completely love your guy's input on that,

528
00:46:51,010 --> 00:46:57,270
as the drone laws are happening and people can get drones anytime. It is tough because

529
00:46:57,450 --> 00:47:04,470
There's the common sense that has to come into the situation where somebody can just put

530
00:47:04,470 --> 00:47:08,350
their drone down and launch it around hundreds of people and they're not thinking.

531
00:47:09,030 --> 00:47:14,870
And when we're taking tests it's being sure that it's a safe thing to do and most people

532
00:47:14,870 --> 00:47:15,390
don't care.

533
00:47:15,930 --> 00:47:20,170
So that's the thing we have to, you know, I think that's the most difficult thing and

534
00:47:20,170 --> 00:47:25,870
you're trying to figure out a way to regulate that is difficult because now you have people

535
00:47:25,870 --> 00:47:30,970
are doing this for a living, commercial work, and then hobbyists that are not following rules and

536
00:47:30,970 --> 00:47:40,850
causing us to be here. So I think if there's a way to, you know, like you said, not overregulate it,

537
00:47:41,210 --> 00:47:49,170
but find a way a middle ground and keeping people that have spent years studying and flying properly

538
00:47:49,170 --> 00:47:53,210
and safely being able to continue business in our area.

539
00:47:54,570 --> 00:48:00,870
Yeah, I think that's one thing, because yeah, I don't want to put a $1,400 tag on my

540
00:48:00,870 --> 00:48:06,990
client's work, because spending 30 days to try to do something is just kind of insane.

541
00:48:07,670 --> 00:48:11,210
So yeah, I can just put that out there and see what happens.

542
00:48:11,970 --> 00:48:12,750
Thank you for your time.

543
00:48:13,210 --> 00:48:13,490
Thank you.

544
00:48:13,590 --> 00:48:14,690
Any additional public comment?

545
00:48:14,690 --> 00:48:15,510
I

546
00:48:30,040 --> 00:48:43,620
just found out about this item on your agenda and I just, I'll be very brief, I'm against $1,400. Seriously, I really would like for you guys to seriously reconsider this.

547
00:48:44,000 --> 00:48:52,960
A lot of the photos that are being done by drones are actually promoting the city of Pismo Beach and you're not paying for them.

548
00:48:52,960 --> 00:49:02,240
You're getting value out of the professional photographers that are working and doing that and you're putting them out of business with this and so I'm absolutely

549
00:49:03,260 --> 00:49:09,160
adamantly against it and I just beg you to reconsider your original idea. Thank you very much.

550
00:49:09,640 --> 00:49:12,080
Thank you and additional public comment on this item.

551
00:49:15,240 --> 00:49:17,880
Steve, now I'll bring it back to council and close public comment.

552
00:49:17,880 --> 00:49:28,560
We had some questions on them had to do with the property owner written consent and that's kind of a

553
00:49:30,580 --> 00:49:35,200
it's written consent is the only way you can prove the property owner gave permission, right?

554
00:49:35,720 --> 00:49:49,440
Yes, and it's one of those enforcement tools that if a police officer sees someone and there is a complaint about a drone going up and down off a piece of property that the police officer has the ability to just ask.

555
00:49:49,440 --> 00:49:51,820
Hey, do you have consent for this?

556
00:49:52,340 --> 00:49:55,560
And saying just the response, yeah, I've got consent.

557
00:49:55,780 --> 00:49:59,840
Doesn't necessarily, and the discussion on there were written consent would.

558
00:50:00,740 --> 00:50:03,980
Mr. Day also was concerned about the 25 foot regulation.

559
00:50:04,460 --> 00:50:10,300
That 25 foot regulation is you can't take off or land within 25 feet of another person.

560
00:50:10,560 --> 00:50:13,640
Has nothing to do with the property itself or the size of the property.

561
00:50:13,780 --> 00:50:18,700
It's just a safety radius from that drone so that it's not going to hit someone on its way up.

562
00:50:20,000 --> 00:50:26,380
There are a couple other issues that Mr. Day had some concerns about the school officials.

563
00:50:27,760 --> 00:50:30,040
The janitor is an extreme example.

564
00:50:30,540 --> 00:50:33,700
It's going to be someone who's got authority to speak on behalf of the school.

565
00:50:34,140 --> 00:50:35,700
That's how we would interpret it.

566
00:50:35,800 --> 00:50:42,080
So if someone is flying within the distance of a school and he says the janitor approved it,

567
00:50:42,760 --> 00:50:46,840
we're going to say, well, that's not someone who has the authority to speak on behalf of the school.

568
00:50:46,840 --> 00:50:51,820
So it's a question of reasonableness in that situation.

569
00:50:52,540 --> 00:50:56,120
Do I see this being used on a regular basis?

570
00:50:56,360 --> 00:51:01,860
No, most of the ordinances that we have in the city, we don't enforce on a regular basis.

571
00:51:02,100 --> 00:51:06,400
They are there as a tool to allow us to both protect the public safety and

572
00:51:06,400 --> 00:51:10,560
to prevent nuisances in the air or otherwise in the city.

573
00:51:11,180 --> 00:51:12,200
It's just a tool.

574
00:51:12,200 --> 00:51:21,360
how about property owner launching a drone from his own property and bringing it back to the own property?

575
00:51:21,660 --> 00:51:24,200
That shouldn't be a problem, that's legal, right?

576
00:51:24,380 --> 00:51:27,400
That's the property owner's ability to do that.

577
00:51:29,740 --> 00:51:35,000
And with respect to SEC Special Events Committee.

578
00:51:36,600 --> 00:51:43,300
The ordinance actually has, there's a comma in there that talks about permission of the city or a special event permit.

579
00:51:43,520 --> 00:51:51,080
So the way it's set up that if someone comes in says, Mr. Garcia, do I have permission to fly from this place?

580
00:51:51,700 --> 00:51:54,180
Mr. Garcia can say, yes, here, signed, we're done.

581
00:51:55,280 --> 00:52:04,260
It was intended to make it easier and more clear rather than what we've been doing, which is having Mr. Garcia sign waivers that there's no authority for

582
00:52:04,260 --> 00:52:08,000
or under the code, we're just making it more explicit

583
00:52:08,000 --> 00:52:09,100
that he has that authority.

584
00:52:09,780 --> 00:52:12,180
So if I think we'll comment later,

585
00:52:12,360 --> 00:52:13,920
they didn't want to bother Mr. Garcia,

586
00:52:13,920 --> 00:52:15,460
but all they have to do is send an email,

587
00:52:15,900 --> 00:52:18,800
and they're going to reply from Mr. Garcia's at the extent of it.

588
00:52:19,160 --> 00:52:22,020
That's the process that we've currently utilized,

589
00:52:22,020 --> 00:52:24,780
and that has been for our special events,

590
00:52:24,980 --> 00:52:28,420
whether city events or the surf competitions,

591
00:52:28,760 --> 00:52:32,260
that's the genesis of where that comment came from.

592
00:52:32,260 --> 00:52:38,940
So what we've been doing is where there's been used for a drone, whether for city purposes,

593
00:52:39,460 --> 00:52:47,920
or the surf competitions use it either to help look for rip currents, help with the event safety planning,

594
00:52:48,120 --> 00:52:54,880
as well as for filming for commercial purposes, we have allowed launching off of the pier.

595
00:52:55,020 --> 00:52:56,340
That's what it's been for.

596
00:52:58,000 --> 00:53:08,300
So that is what was referred to as the city manager, I'm having to track down the city manager and that's been through the special events permit that's gone through our tourism and events department.

597
00:53:08,820 --> 00:53:11,080
They send me an email and I respond.

598
00:53:11,740 --> 00:53:23,740
And there were several comments about the cost of, I guess the question is if your commercial drone operator, what would it take to operate within our city under say the new.

599
00:53:23,740 --> 00:53:29,220
Yeah, so for absolute clarity, we were never proposing for real estate photos or any

600
00:53:29,220 --> 00:53:37,440
other minor commercial use of $1,400 fee, that would be limited only to substantial commercial

601
00:53:37,980 --> 00:53:43,580
activity, such as the Rivian commercial. I think that's a very easy example for people to

602
00:53:43,580 --> 00:53:49,220
understand the extent and the difference between the two. And they actually did use drones in addition

603
00:53:49,220 --> 00:53:55,680
to fix cameras during that operation. So it was a combination of both when they have that event.

604
00:53:57,980 --> 00:54:02,660
It would just be a business license. Again, we were proposing that we would come back and

605
00:54:02,660 --> 00:54:09,340
establish some sort of a fee under $100 for an annual use. And that would coincide with the

606
00:54:09,340 --> 00:54:15,140
annual business license fees. Again, those proposed fees would have come back to the City Council.

607
00:54:15,140 --> 00:54:19,820
We cannot set those fees administratively, the council has to approve those fees.

608
00:54:20,260 --> 00:54:43,640
And so the issue was, I think you kind of asked the question about if you have a prop to answer Councilmember Guthrie's question or comment, if you have a real estate someone doing drone use for real estate purposes, which is very common, if they launch from the property and land on the property, what would they have to do?

609
00:54:43,640 --> 00:54:51,260
They just need to have a business license and if the ordinance moved forward in some form,

610
00:54:51,260 --> 00:54:58,000
but as it's currently written, they would need to have some type of an annual permit fee

611
00:54:58,000 --> 00:55:00,480
or day use fee.

612
00:55:01,640 --> 00:55:07,380
We wouldn't envision having both a one-time fee because some photographers may only come

613
00:55:07,380 --> 00:55:12,760
one time and only do one project in Pismo Beach, but you may have other photographers who do

614
00:55:12,760 --> 00:55:19,440
a lot of work in the city. So to simplify it, just like we have day peddler permits for

615
00:55:19,440 --> 00:55:23,780
a business license activity, we also have annual business license fees. So we would use the same

616
00:55:23,780 --> 00:55:31,920
model. So we would envision a small, minor fee for a day use or weekend use, for example, and then an

617
00:55:31,920 --> 00:55:39,860
annual fee, both to be a nominal amount. Okay. I think that was all the questions. Mayor Proton?

618
00:55:40,500 --> 00:56:02,340
We had correspondence come in and I think that's a person that's in the business and they may be covered entirely on this and I don't know that for sure but would you address the things that were in there so yeah, so I believe if it hasn't already it will be included in the court and

619
00:56:02,340 --> 00:56:08,220
respondents that was provided to the City Council and it was related specifically to

620
00:56:08,220 --> 00:56:14,700
the operations and not wanting to have to get special dispensation every single time.

621
00:56:14,940 --> 00:56:21,760
So the way I read the email and we certainly can follow up with the center of the email

622
00:56:22,780 --> 00:56:28,820
is that they would be in support of having some type of an annual permit so that this does

623
00:56:28,820 --> 00:56:34,020
It does not have to happen every single time, it can just have a single permit that allows them to operate.

624
00:56:35,060 --> 00:56:42,800
So I think it's a good point which is why we were proposing both a single use versus an annual permit would be the proposal.

625
00:56:44,060 --> 00:56:49,320
However, as Mr. Feliceman mentioned, this is up to the City Council.

626
00:56:49,640 --> 00:56:57,200
If the Council would like to have no regulation, some modification, or set priorities, and then we can always come back.

627
00:56:57,200 --> 00:57:00,920
any substantive changes would have to come back for a first reading anyway.

628
00:57:03,040 --> 00:57:06,040
So whatever direction the council would like to give us,

629
00:57:06,060 --> 00:57:08,460
whether to move forward with the ordinance as proposed,

630
00:57:09,180 --> 00:57:12,180
to make modifications, specific modifications,

631
00:57:12,180 --> 00:57:14,300
or to give us broad policy statements,

632
00:57:14,720 --> 00:57:17,000
and then staff can coordinate,

633
00:57:18,160 --> 00:57:21,400
address them, and then bring that back for a first reading at a subsequent meeting.

634
00:57:21,400 --> 00:57:30,120
I guess then my next question would be, is, how do you inform people that have drones?

635
00:57:31,600 --> 00:57:34,180
How are they aware that there's a regulation there?

636
00:57:36,570 --> 00:57:43,230
Well, one of the ways, excuse me, one of the ways is you see them very frequently in national

637
00:57:43,230 --> 00:57:48,130
parks, no drone zone, and it's just a picture of a drone, and it says no drone zone, and

638
00:57:48,130 --> 00:57:53,310
that puts people on notice that there is a restriction of drones in a particular area.

639
00:57:55,090 --> 00:58:00,030
One of the things that we have discovered from a code enforcement standpoint is there's

640
00:58:00,030 --> 00:58:03,710
a lot of signs in the city and not everyone will pay attention to the signs.

641
00:58:04,370 --> 00:58:07,030
And I did want to point out Council Member Newton is correct.

642
00:58:07,230 --> 00:58:11,450
I found the section that he was referring to about public court staff putting out signs.

643
00:58:11,750 --> 00:58:13,870
But if you go down to the pier, there's a lot of signs.

644
00:58:13,870 --> 00:58:19,130
There are signs on the pier that say no dogs, and we still cite people for taking dogs on the pier.

645
00:58:19,770 --> 00:58:25,770
So it's a question of the cost-benefit analysis of where do you put the signs that will have the most impact?

646
00:58:25,970 --> 00:58:28,230
Where is the issue the most acute?

647
00:58:28,890 --> 00:58:38,530
And so putting a sign that says no drone zone at the pier is probably going to inform people that you shouldn't be flying there without some kind of look into what the regulations are.

648
00:58:38,690 --> 00:58:43,350
But where additional signs are placed, you may put them in parks, you may put them near schools.

649
00:58:46,490 --> 00:58:49,390
It's up to the council how extensive you want to make that.

650
00:58:53,400 --> 00:58:59,300
But again, just by two cents worth, I certainly don't want to go overboard on drone regulation,

651
00:58:59,540 --> 00:59:05,480
but we need also public safety and for having people, at least in the instance of Price

652
00:59:05,480 --> 00:59:13,520
Historic Park, where some of the volunteers that are every day, and we're reporting that frequently

653
00:59:13,520 --> 00:59:30,820
Currently there is the droning, the drones coming in and buzzing people and they take off from the parking lot there at the park and they may not be aware they can take off from a private property of their own private property area, but I think that's unlikely.

654
00:59:30,820 --> 00:59:50,760
I think the key thing is, it's a public safety issue and I think we need some kind of a means to regulate that portion without being onerous for those that are legitimate users that have a, especially if they have an FA license to operate with the advanced features that are required by the FA.

655
00:59:50,760 --> 00:59:55,160
I was reading some of the regulations too in the FA and they cover all kinds of things but

656
00:59:55,980 --> 00:59:58,840
It's some would be impossible to bring in the FA to

657
00:59:59,400 --> 00:59:59,840
regular

658
01:00:07,280 --> 01:00:26,180
I think we're limited and that's why the regulations are kind of quirky because we can only regulate where they take off from or where they land. So it's because of federal preemption. So where do you want to go from here?

659
01:00:27,280 --> 01:00:34,040
I'll just say is, you know, if it has a nice little handbook, no drone zone, drone response

660
01:00:34,040 --> 01:00:39,680
playbook for public safety, but this is for police departments and almost every rule

661
01:00:39,680 --> 01:00:43,480
we're talking about when it deals with public safety is poured in here.

662
01:00:44,080 --> 01:00:51,400
So I have no problem with regulating them for safety issues, but that's about the end of

663
01:00:51,400 --> 01:00:51,500
it.

664
01:00:51,500 --> 01:00:56,520
You know, I mean, we talked about can Mr. Day operate a drone out of this parking lot?

665
01:00:56,540 --> 01:01:00,620
Actually, you can't because he's within 250 feet of the police sub-station downtown.

666
01:01:01,440 --> 01:01:07,940
There's no way anyone could be expected to know where they can and cannot fly him.

667
01:01:08,460 --> 01:01:15,420
All, in my opinion, all we need is reasonable restrictions that kind of allow us to do local enforcement

668
01:01:15,920 --> 01:01:18,600
for what's already on the books at a federal or state level.

669
01:01:18,600 --> 01:01:21,000
which would cover exactly what you're talking about.

670
01:01:21,480 --> 01:01:24,380
You can't on a federal level, you can't go buzz people.

671
01:01:25,360 --> 01:01:29,140
And so if I had my way, the commercial users,

672
01:01:29,660 --> 01:01:32,120
they get a business permit, that's their,

673
01:01:32,480 --> 01:01:33,900
that's their, maybe they have a little thing,

674
01:01:34,020 --> 01:01:35,900
they fill out extra, they put their information,

675
01:01:36,260 --> 01:01:37,940
but that's their license, the user drone.

676
01:01:38,520 --> 01:01:40,660
You know, they're already our professionals,

677
01:01:41,020 --> 01:01:42,240
and we need to treat them as so.

678
01:01:43,580 --> 01:01:44,780
And just for clarification,

679
01:01:44,780 --> 01:01:46,740
they're the ones that have FAA license.

680
01:01:47,080 --> 01:01:47,620
That is correct.

681
01:01:47,620 --> 01:01:53,680
Basically the same as you find an aircraft and the most to lose because if they get caught they'll lose it right?

682
01:01:53,740 --> 01:01:57,980
Yeah, for them find with that and I mean they should be my opinion a lot to use them on the pier

683
01:01:58,740 --> 01:02:01,580
They are professionals. They're not gonna land if there's people everywhere

684
01:02:01,580 --> 01:02:06,040
They don't want to lose that right and the ones person to spoke to that, you know

685
01:02:06,040 --> 01:02:09,860
We do gain from the city's promotion from all these videos

686
01:02:10,620 --> 01:02:13,800
All those go away overnight. Yes, but they don't go away. They just go some other beach

687
01:02:14,660 --> 01:02:16,940
So we're getting free publicity out of these

688
01:02:17,940 --> 01:02:27,020
So to me that doesn't make sense and the only person is going to be hurt I mean our public speaker said it correctly the bad actors are going to remain the bad actors.

689
01:02:27,340 --> 01:02:34,400
We're going to hurt the people that actually follow the law which will mean none of our commercial users are going to be taking footage off the beaches.

690
01:02:35,140 --> 01:02:41,540
And I definitely don't think if we're going to regulate anything, it's maybe the peer but it's not all of our parks not all of our properties.

691
01:02:41,540 --> 01:02:51,160
I think that's just way overreaching and at the peer, I mean the most strict I could get is maybe allowing commercial users and the rest would have to have some type of permit.

692
01:02:52,220 --> 01:02:54,080
But even that might be pushing it for me.

693
01:02:54,880 --> 01:02:59,340
To me, if you can cite people for operating in an unsafe manner, that's the enforcement.

694
01:03:00,820 --> 01:03:08,640
Well, I think I heard you say your suggestion we can enforce federal law and we can't.

695
01:03:08,740 --> 01:03:11,680
No, no, we can duplicate it in our municipal law.

696
01:03:12,020 --> 01:03:14,780
But we can't, it's federal preemption once they leave the ground.

697
01:03:16,440 --> 01:03:22,760
Well, because we can't enforce, it becomes an aircraft according to the FAA and we have no regulations.

698
01:03:22,760 --> 01:03:46,380
But the FAA is allowing cities to put regulations in place, and you can look, there's about 14 other cities I want to guess that have restrictions in place that talk about the unsafe use such as buzzing people can or if you're with aircraft, it just allows us to enforce that locally and not have to call the FAA, which I agree, they're not going to do any enforcement, right?

699
01:03:46,380 --> 01:03:50,780
But I mean almost everything in ours is already in there.

700
01:03:50,880 --> 01:03:53,320
We can duplicate their language and keep it at a much higher level.

701
01:03:53,700 --> 01:03:56,080
And actually get the people that we're most worried about.

702
01:03:57,600 --> 01:03:59,640
And then I'm going to look for direction.

703
01:03:59,700 --> 01:04:03,520
If that's the case, if we can enforce federal law, and I didn't think.

704
01:04:03,900 --> 01:04:05,480
We can recreate it on a city level.

705
01:04:05,560 --> 01:04:10,200
Well, even I guess I'd like to get some clarification here.

706
01:04:10,480 --> 01:04:13,120
We can regulate on the ground.

707
01:04:13,480 --> 01:04:15,140
We can't regulate once it's in the air.

708
01:04:15,140 --> 01:04:19,740
So if someone is operating it in the air recklessly, that's an FAA issue.

709
01:04:19,960 --> 01:04:26,900
If they are endangering people on the ground by taking off or landing, we can regulate that portion of it.

710
01:04:27,240 --> 01:04:29,780
So it's that kind of tenuous balance.

711
01:04:30,020 --> 01:04:32,920
Now, the FAA does occasionally go after people.

712
01:04:32,920 --> 01:04:36,480
There's a drone pilot in Philadelphia that got hit for $180,000.

713
01:04:36,980 --> 01:04:40,220
There was a guy in Las Vegas who was filming the strip.

714
01:04:40,660 --> 01:04:43,600
He got hit for $15,000 on one violation.

715
01:04:45,020 --> 01:05:12,380
Yeah, so it does happen, it's out there, but that's in the air, so what we're looking at is just trying to place restrictions for safety purposes and business regulation to make sure that we are getting the good actors, the ones that have the part 107 so that we have that and if we, if the council's direction is to strip it down, we can strip it down, I can bring it back where it's just commercial operators on the peer and obby operators on the peer with permission from the city.

716
01:05:12,900 --> 01:05:17,920
The annual license fee for commercial purposes is incorporated within the city business license.

717
01:05:18,100 --> 01:05:21,360
No additional regulation is required of that.

718
01:05:21,620 --> 01:05:23,780
That is policy direction that we can bring back to you.

719
01:05:24,380 --> 01:05:32,160
Just clarification, does this pamphlet say that cities can regulate once in the air?

720
01:05:32,380 --> 01:05:39,760
On the FAA's website, they list all the California laws that have been put in place and city laws have been put in place.

721
01:05:40,220 --> 01:05:44,580
And they talk about, you cannot operate them in a nuisance manner.

722
01:05:45,580 --> 01:05:47,160
Yeah, I read through it.

723
01:05:47,280 --> 01:05:48,460
Yes, you can't buzz people.

724
01:05:48,640 --> 01:05:50,900
And if you reflect over people, there's a lot of issues.

725
01:05:50,900 --> 01:05:52,440
But you know, we do put that rule in place.

726
01:05:52,700 --> 01:05:56,140
Just as, or see a attorney said, you can't force it.

727
01:05:57,100 --> 01:06:01,160
Well, but that's where I, I think we need something that, again,

728
01:06:01,260 --> 01:06:02,440
I'm not sure that we can.

729
01:06:02,820 --> 01:06:04,300
Limiting the takeoff and landing.

730
01:06:04,780 --> 01:06:06,680
Kind of predict where people are going to use these.

731
01:06:07,440 --> 01:06:08,540
We're chasing a flight.

732
01:06:08,540 --> 01:06:12,760
But we still, I don't want people at the park,

733
01:06:12,940 --> 01:06:14,640
at the price park, I know it's happening,

734
01:06:14,880 --> 01:06:15,760
I'm not sure where else.

735
01:06:16,280 --> 01:06:17,560
Nobody wants it to happen.

736
01:06:18,120 --> 01:06:21,560
But right now, we can't, if we don't have any regulations,

737
01:06:21,840 --> 01:06:24,560
we can't do anything, I'm not sure that we,

738
01:06:25,320 --> 01:06:28,840
you're suggesting that we can somehow regulate

739
01:06:28,840 --> 01:06:29,940
once they take off.

740
01:06:30,520 --> 01:06:32,720
I'm saying, the very least, let's look at how

741
01:06:32,720 --> 01:06:36,600
it's been done elsewhere before we go overly broad

742
01:06:37,060 --> 01:06:40,380
I'm fine, we're looking at how it's been done elsewhere to see what-

743
01:06:40,380 --> 01:06:45,200
Probably the best thing, honestly, is to get staff some direction and table it and have them come back.

744
01:06:46,560 --> 01:06:49,440
Yeah, I don't think we're ready to sign off anything tonight.

745
01:06:49,440 --> 01:06:56,520
I want to make sure we get some clarity in the direction that if we can regulate once they take off,

746
01:06:56,520 --> 01:06:58,300
which I don't think we can, that'd be great.

747
01:06:58,720 --> 01:07:01,240
But lacking that, what can we do?

748
01:07:01,480 --> 01:07:04,500
And if there's examples, I think you mentioned some of the Californians.

749
01:07:04,500 --> 01:07:09,980
And if he does have, like I said, they have an email just set up for questions regarding local laws.

750
01:07:12,640 --> 01:07:17,180
But I'm looking at protecting our residents and our parks, in this particular case, or elsewhere,

751
01:07:17,360 --> 01:07:24,820
where whatever reason they're out there doing this, and I'd like to make sure we can enforce it.

752
01:07:25,020 --> 01:07:33,100
And I think where I am is I'd like to see the staff look further and see what other cities have done,

753
01:07:33,100 --> 01:07:35,520
and where there's an effect of enforcement mechanism

754
01:07:36,000 --> 01:07:38,940
for the problem areas, but that sound like

755
01:07:38,940 --> 01:07:40,720
it's the council, like you're the right council.

756
01:07:40,720 --> 01:07:44,200
I'll just say at some point, people have to have common sense.

757
01:07:45,400 --> 01:07:46,840
I mean, I'll tell you, the biggest hazard

758
01:07:46,840 --> 01:07:49,340
I see on our beaches right now is easy ups.

759
01:07:49,760 --> 01:07:51,640
The wind blows, they hit people, they're dangerous.

760
01:07:52,040 --> 01:07:52,460
But guess what?

761
01:07:52,740 --> 01:07:57,080
I'm not banning them because I like to have the council

762
01:07:57,080 --> 01:07:58,060
on this issue, go ahead.

763
01:07:58,580 --> 01:08:01,820
Well, I think I heard the city attorney say

764
01:08:01,820 --> 01:08:08,920
that he could bring something back that was less onerous as this is and accomplish the same

765
01:08:08,920 --> 01:08:16,900
thing so that we can enforce rules so that we don't get hit with a bunch of stuff and maybe this

766
01:08:16,900 --> 01:08:23,820
is too much and this is what the objection is. So I would say let's table it and have the attorney

767
01:08:23,820 --> 01:08:28,960
come back. What I was trying to do is shoot for the stars land on the moon with an acceptable regulation

768
01:08:28,960 --> 01:08:35,800
for the council. I looked at pretty much every other city that has drone ordinances in place

769
01:08:35,800 --> 01:08:41,060
and tried to bring from those cities what they did in their ordinances and put it into this

770
01:08:41,060 --> 01:08:46,300
ordinance. So it sounds to me like the council wishes to step back from that, make it a more

771
01:08:46,300 --> 01:08:51,420
streamlined user friendly. That's great policy direction. I can do that and we can bring that back

772
01:08:51,420 --> 01:08:58,240
in some point in the future. And if we, it doesn't sound like most of the council want to do this,

773
01:08:58,240 --> 01:09:08,780
But if we are still going to have some kind of limitation near all city property, there needs to be exclusion for city streets, some kind of language, specifically dealing with that.

774
01:09:09,060 --> 01:09:12,140
What I'm hearing is the council's most interested in the peer area.

775
01:09:12,380 --> 01:09:15,340
So, if I'm bringing back an ordinance, that's what I'm going to focus on.

776
01:09:15,440 --> 01:09:20,980
If the council thinks there are other areas of town that are deserving of regulation, we can put that in.

777
01:09:21,160 --> 01:09:22,920
But I'm hearing the peer area.

778
01:09:22,920 --> 01:09:43,760
Yeah, I think price how I guess I think parks and parks, but yeah, I want to make sure we can protect people in parks and I don't and I think the amount of the fee where the operator should be within the business license. I agree with that.

779
01:09:46,320 --> 01:09:49,660
Okay, do you think we should regulate the parks to them?

780
01:09:52,840 --> 01:09:54,220
I'm trying to get some direction.

781
01:09:54,780 --> 01:09:57,040
There was certainly, there was some peer issues.

782
01:09:57,300 --> 01:10:04,700
But you know, it's a public park, there's people in it, if they're doing it safely.

783
01:10:05,180 --> 01:10:14,240
I don't know how much it would be regulated anyway, but I guess I'm looking for a suggestion.

784
01:10:14,940 --> 01:10:17,020
Looking for a suggestion that-

785
01:10:17,020 --> 01:10:21,420
If you have a hobbyist drone operator and they're flying over a park and there's people under that,

786
01:10:21,560 --> 01:10:25,280
they're in violation of federal law because they're endangering the public by doing that.

787
01:10:25,560 --> 01:10:33,940
So that's the concern, do you want to prohibit that and not give them the opportunity to take off and land from the park to prevent that?

788
01:10:34,700 --> 01:10:43,560
Yes, the good actors are going to do it correctly, but we don't draft our municipal code to regulate the good actors.

789
01:10:43,560 --> 01:10:49,400
We draft those to take care of those outlier situations that constitute a hazard for the community.

790
01:10:55,190 --> 01:11:01,250
I guess one solution is to bring back an option for the parks and see what it looks like.

791
01:11:01,910 --> 01:11:03,090
Is that work okay?

792
01:11:05,510 --> 01:11:10,530
The only park that I support is the peer on a limited basis.

793
01:11:10,850 --> 01:11:14,290
I just don't think, I think we're regulating a non-problem.

794
01:11:18,290 --> 01:11:19,150
I would disagree.

795
01:11:19,550 --> 01:11:19,730
Okay.

796
01:11:19,730 --> 01:11:24,190
And I'll tell you, I'd be one of the ones violating the rule if we put it in for all parks.

797
01:11:24,530 --> 01:11:29,670
I take my Thanksgiving family photo every year with a drone because it's wide angle.

798
01:11:30,010 --> 01:11:34,450
We go to memory park and guess what, you can get all of this because they can just sit there.

799
01:11:35,210 --> 01:11:38,830
But now all of a sudden, I'd be violating the ordinance.

800
01:11:39,830 --> 01:11:43,270
So does the drone take off from the park and land?

801
01:11:43,270 --> 01:11:50,030
And about five feet in front of me goes up about six or eight feet, look on your phone,

802
01:11:50,270 --> 01:11:53,970
make sure you like the picture of your family, put your phone to your side, push the button

803
01:11:53,970 --> 01:11:54,630
and it takes the picture.

804
01:11:55,950 --> 01:11:56,690
No one dies.

805
01:11:57,230 --> 01:11:57,630
It's amazing.

806
01:11:58,250 --> 01:11:58,690
No,

807
01:12:02,820 --> 01:12:05,900
it's possible to get someone else to take a picture too, but that's beside the point.

808
01:12:06,500 --> 01:12:06,760
Okay.

809
01:12:07,560 --> 01:12:10,980
I would recommend bringing back an option with the parks, I think.

810
01:12:14,180 --> 01:12:17,900
Parks, use of drones and parks can be a problem.

811
01:12:22,730 --> 01:12:27,530
We haven't voted on it yet, I think you can bring both, you can bring one with a subset

812
01:12:27,530 --> 01:12:32,450
about parks and one without it, and then the majority can disillusion.

813
01:12:32,710 --> 01:12:35,710
I hear council direction to give you a menu of options.

814
01:12:36,330 --> 01:12:36,450
Okay.

815
01:12:36,990 --> 01:12:37,970
I'm going to do that.

816
01:12:38,090 --> 01:12:40,630
I hear you loud and clear that what the direction is.

817
01:12:40,630 --> 01:12:44,470
I think we've given you a direction that we don't think we need a motion, do we?

818
01:12:44,710 --> 01:12:45,870
I just have a quick question.

819
01:12:47,890 --> 01:12:54,490
So, in the meantime, if somebody, no, I really want to clarify this.

820
01:12:54,610 --> 01:13:00,550
In the meantime, if somebody wanted to film the beach, film their, you know, some surfing

821
01:13:00,550 --> 01:13:06,350
competition, that 1,400 is not even going to be considered, right?

822
01:13:06,450 --> 01:13:08,530
It's a business license with a drone.

823
01:13:08,530 --> 01:13:14,690
As long as they have a business license for commercial purposes.

824
01:13:15,710 --> 01:13:23,930
We have not the last time I remember us charging a film permit fee was for the Rivian commercial.

825
01:13:24,550 --> 01:13:36,090
We do not require that for our normal operations, for anyone who is doing commercial, filming, for real estate, calendars.

826
01:13:36,090 --> 01:13:39,530
What's the permission for you, the waiver?

827
01:13:40,630 --> 01:13:42,350
For launching off of the peer.

828
01:13:42,890 --> 01:13:43,290
Okay.

829
01:13:43,930 --> 01:13:50,410
Because right now it is prohibited as a part of the beach safety zone.

830
01:13:56,620 --> 01:13:58,340
And that's part of the concern.

831
01:13:58,640 --> 01:14:02,320
So I'm not going to go out and put signage until we figure out what the council would like

832
01:14:02,320 --> 01:14:02,740
to do.

833
01:14:06,270 --> 01:14:12,510
So yeah, if we had a special event tomorrow that required drone use.

834
01:14:12,510 --> 01:14:18,450
I would continue the practice of having that so that we could continue to allow it if there was a purpose.

835
01:14:18,630 --> 01:14:30,910
Now, if someone just wanted to go fly a drone on the beach for fun, we're not going after that.

836
01:14:34,910 --> 01:14:41,170
There's only a certain amount of beach you can regulate though, I think, if I'm not mistaken because I can't get trash cans out.

837
01:14:41,170 --> 01:14:43,890
to a certain point that he said it was state parks.

838
01:14:45,410 --> 01:14:47,090
For the most part, we put the trash cans out.

839
01:14:47,250 --> 01:14:49,470
It's usually tied, specific.

840
01:14:49,870 --> 01:14:49,930
Yeah.

841
01:14:50,410 --> 01:14:51,250
Okay, we're going to move on.

842
01:14:51,310 --> 01:14:52,850
We have a public carrying item.

843
01:14:53,850 --> 01:14:54,950
Mr. Garcia, 11-A.

844
01:14:56,470 --> 01:14:57,330
Yes, thank you, Mayor.

845
01:14:57,610 --> 01:14:59,970
Item 11-A is levying the 2%.

846
01:15:00,000 --> 01:15:13,260
Annual assessment for the PISMO beach lodging, business improvement district, otherwise known as LBID. For fiscal year, 2026, and that is July 1, 2025 through June 30, 2026, Ms. Fieser will give this report.

847
01:15:39,820 --> 01:15:49,600
So on April 1st, 2025, the Council of City Council adopted Resolution R205-014, that did

848
01:15:49,600 --> 01:15:50,240
three things.

849
01:15:50,340 --> 01:15:56,800
It approved the CBB and ELBID Advisory Board's Annual Report and Business Plan for Fiscal

850
01:15:56,800 --> 01:16:02,460
Year 2026, declared the Council's intention to levy an annual assessment of 2% of gross

851
01:16:02,460 --> 01:16:08,380
lodging revenues for transient rentals in the district for 2026 and also set up public

852
01:16:08,380 --> 01:16:14,300
hearing for today to consider loving the assessment. This 2% assessment is the same level

853
01:16:14,300 --> 01:16:19,180
of assessment from the previous year. The resolution of intention and the company annual

854
01:16:19,180 --> 01:16:26,740
and report and business plan for 2026 was published in the new times on April 3, 2025 and

855
01:16:26,740 --> 01:16:29,920
mail to all lodging properties within the city on April 4th.

856
01:16:30,140 --> 01:16:34,080
The fiscal impact of the resolution if approved could generate 2%

857
01:16:34,080 --> 01:16:39,440
elbit annual assessments for fiscal year 2026 for approximately $2.7 million,

858
01:16:40,180 --> 01:16:42,540
which could be used to promote the lodging business and

859
01:16:42,540 --> 01:16:46,100
PISMO beach and support physical improvements that are designed to improve

860
01:16:46,100 --> 01:16:53,700
lodging occupancies, revenue, rev par, and TOT taxes, which benefit all the residents of PISMO beach.

861
01:16:54,260 --> 01:16:59,500
As a reminder, the LVID-1% is remarketing of lodging properties in the city, Pismo Beach,

862
01:16:59,740 --> 01:17:04,000
and the other 1% is for visitor-serving improvements, such as the AdiStoot bathroom and improvements,

863
01:17:04,300 --> 01:17:08,820
Christmas decorations, annual beautification, public art contribution, butterfly grove,

864
01:17:08,900 --> 01:17:13,960
trails, signage and cross-locked beach cleaning equipment, a surf rake, the downtown strategic

865
01:17:13,960 --> 01:17:16,040
plant update, and the lighting of ball fields.

866
01:17:17,020 --> 01:17:19,520
And of course, some of those projects could be multi-year.

867
01:17:20,360 --> 01:17:24,280
The primary purpose of this agenda is to hold a public hearing to hear all interested

868
01:17:24,280 --> 01:17:26,020
persons and receive any protests.

869
01:17:26,820 --> 01:17:29,960
At this point, we have not received any protests.

870
01:17:30,660 --> 01:17:35,020
After the public hearing, the council may consider adoption of the resolution, levying the

871
01:17:35,020 --> 01:17:37,340
Elbit Assessment for fiscal year 2026.

872
01:17:37,900 --> 01:17:38,960
That concludes my presentation.

873
01:17:39,920 --> 01:17:40,440
Any questions?

874
01:17:42,120 --> 01:17:43,880
Seeing none, I'll open the public hearing.

875
01:17:45,100 --> 01:17:48,780
What do we like to address the council on this public hearing issue of the

876
01:17:48,780 --> 01:17:49,600
Elbit assessment?

877
01:17:52,890 --> 01:17:56,830
Saying none, I'll close the public hearing. Bring it back to

878
01:17:56,830 --> 01:18:01,490
council. We have a resolution. This is any other discussion.

879
01:18:02,810 --> 01:18:08,270
No, they've been wonderful to us. So let's approve this. I'll move to. I'll move to

880
01:18:08,270 --> 01:18:13,310
Levy, the 2% annual assessment for the PISMA Beach Lodging Business Improvement

881
01:18:13,310 --> 01:18:19,870
District for fiscal year 2026, which is July 1, 2025 through June 30, 2026.

882
01:18:20,250 --> 01:18:23,790
Basic staff recommendation, resolution reads slightly differently, but yes.

883
01:18:25,410 --> 01:18:26,350
Is there a second?

884
01:18:27,170 --> 01:18:27,510
Second.

885
01:18:28,990 --> 01:18:31,030
Mr. Clerk, I have a motion to second.

886
01:18:31,370 --> 01:18:32,270
The roll-complease.

887
01:18:32,570 --> 01:18:32,650
Good.

888
01:18:33,390 --> 01:18:34,010
Council Member Inman?

889
01:18:34,430 --> 01:18:34,570
Yes.

890
01:18:34,950 --> 01:18:35,450
Council Member Newton.

891
01:18:35,690 --> 01:18:35,830
Yes.

892
01:18:36,150 --> 01:18:36,890
Council Member Guthrie?

893
01:18:36,970 --> 01:18:37,090
Yes.

894
01:18:37,090 --> 01:18:38,090
Thank you, Mayor Fulton-Marie.

895
01:18:38,730 --> 01:18:39,450
Mayor Wagi?

896
01:18:39,730 --> 01:18:39,870
Yes.

897
01:18:40,230 --> 01:18:41,250
Motion passes, 5-0.

898
01:18:42,530 --> 01:18:47,010
The next item by Spaniel Road, Heinz Avenue Improvements, Mr. Garcia.

899
01:18:47,790 --> 01:18:49,550
Yes, thank you, members of the City Council.

900
01:18:49,810 --> 01:18:54,070
This item is going to be presented by our Public Works Director, Ms. Gaglioni, who is going

901
01:18:54,070 --> 01:19:00,110
to provide you with an update and a couple of options for the intersection improvements.

902
01:19:00,490 --> 01:19:02,210
We don't want to call it any particular item.

903
01:19:02,310 --> 01:19:07,070
We want to refer to it as intersection improvements as we're going to present you with two

904
01:19:07,070 --> 01:19:11,750
different ways that you can accomplish that for this intersection as well as a potential

905
01:19:11,750 --> 01:19:14,210
broader view. So I'll turn it over to Ms. Gaglione.

906
01:19:14,850 --> 01:19:18,890
Thank you very much, Mr. Garcia. And I also have senior engineer Nate Stong here with us

907
01:19:18,890 --> 01:19:20,970
in case there are additional questions.

908
01:19:27,500 --> 01:19:30,640
On March 4, the Council directed staff to return

909
01:19:30,640 --> 01:19:34,600
with a discussion on potential options for the intersection of Price Canyon Road and Bell

910
01:19:34,600 --> 01:19:40,380
Street. There was an interest in a holistic view of the traffic patterns and road wage

911
01:19:40,380 --> 01:19:45,020
geometry that make this a challenging project, and Council was interested in taking a second

912
01:19:45,020 --> 01:19:50,820
look at the peanut roundabout as a similar intersection, a similar roundabout at the intersection

913
01:19:50,820 --> 01:19:54,800
of Union Road at Golden Hill Road and Pasal Robles has been working quite well.

914
01:19:55,700 --> 01:19:56,800
This is that roundabout.

915
01:19:56,920 --> 01:20:03,020
This actually appears to be a really well designed roundabout, and I'd like to first just talk

916
01:20:03,020 --> 01:20:05,920
a little bit about what makes roundabouts function well.

917
01:20:06,680 --> 01:20:11,560
The designers play a few psychological tricks on us to make us behave well in the round

918
01:20:11,560 --> 01:20:11,840
about.

919
01:20:12,580 --> 01:20:18,480
One of those is we know that if we're turning a corner and we take it a little too quickly,

920
01:20:18,480 --> 01:20:22,240
we actually feel ourselves sort of get pushed out away from the curve.

921
01:20:23,040 --> 01:20:25,540
And so that makes us automatically slow down.

922
01:20:26,220 --> 01:20:32,620
Roundabout designers do this by slanting the road to the outside from 2 to 5 percent.

923
01:20:32,620 --> 01:20:35,780
So you always feel like you're slightly going too fast.

924
01:20:36,220 --> 01:20:40,340
Another thing if you take a look at the plantings in the center of this roundabout, which

925
01:20:40,340 --> 01:20:46,860
of imagining we'll get much larger, it slows you down because you can't see to the other

926
01:20:46,860 --> 01:20:47,220
side.

927
01:20:47,960 --> 01:20:51,660
And so when you can't see where you're going or on the other side, you tend to slow down

928
01:20:51,660 --> 01:20:53,140
and take it more safely.

929
01:20:53,800 --> 01:20:58,360
The other thing is if you look, and I made my cursor really big, hopefully it's easy,

930
01:20:59,440 --> 01:21:05,020
You're coming from a wider road, and as you enter the throat of this approach, you will

931
01:21:05,020 --> 01:21:10,300
have a constriction, and that narrowing makes you stop and say, whoa, I've got to pay

932
01:21:10,300 --> 01:21:10,660
attention.

933
01:21:10,960 --> 01:21:11,700
I have to slow down.

934
01:21:11,760 --> 01:21:13,060
I don't have as much space now.

935
01:21:13,580 --> 01:21:16,560
And then as you go, you come into what is known as a deflection curve.

936
01:21:17,040 --> 01:21:19,840
And the deflection curve is made to slow you down further.

937
01:21:20,000 --> 01:21:24,560
And as you come into this curve, you see a crosswalk, and you're alerted to other things

938
01:21:24,560 --> 01:21:25,560
that are important.

939
01:21:25,560 --> 01:21:34,240
This roundabout also will allow a semi-truck to turn but use this apron to handle the off-tracking

940
01:21:34,240 --> 01:21:35,320
the trucks will often do.

941
01:21:35,980 --> 01:21:40,260
If you look at the size of the vehicle's relative to the roundabout, you'll see that there's

942
01:21:40,260 --> 01:21:46,700
ample room for whatever vehicle is supposed to be on the road to navigate this roundabout.

943
01:21:47,080 --> 01:21:48,740
We'll just keep some of those things in mind.

944
01:21:49,340 --> 01:21:55,940
This is an overview of Price Canyon Road at Bellow Street if we went with the traffic control signal.

945
01:21:56,820 --> 01:22:01,180
You'll notice everybody knows who's driven it. It's an oddly skewed intersection.

946
01:22:01,380 --> 01:22:06,080
There's just a lot of things to consider. You have heels and everything else around you.

947
01:22:06,120 --> 01:22:10,560
And every leg coming in is at a different elevation, which can make it challenging.

948
01:22:12,300 --> 01:22:14,620
Now here's a look at the PISMO peanuts.

949
01:22:14,620 --> 01:22:24,500
And one of the things you notice is there's an orange line here that shows that vehicles should go around if they wanted to make a left completely round and do that.

950
01:22:25,060 --> 01:22:34,700
One thing that stands out is in this tight space, I don't see that they were able to get the deflection curve that would actually slow vehicles down very much.

951
01:22:35,140 --> 01:22:41,480
And then you'll notice here that it's a flat space. There are no plantings to obscure view.

952
01:22:41,480 --> 01:22:49,020
So, we looked at a comparison of the two roundabouts and the top is the pink Paso peanut

953
01:22:49,660 --> 01:22:52,840
and the lower one is the Pismo peanut.

954
01:22:53,220 --> 01:22:59,400
And you can see that the external diameter here is 115 feet as compared to 80 feet

955
01:22:59,400 --> 01:23:01,900
for the peanut roundabout Pismo.

956
01:23:02,880 --> 01:23:10,460
Again, here I see that these really nice deflection curves coming in but I don't see that so much

957
01:23:10,460 --> 01:23:15,620
here. And this is an area where you have vehicles coming in at a high rate of speed and you

958
01:23:15,620 --> 01:23:21,020
want to slow them down. The other thing is that I haven't seen before, these red arrows

959
01:23:21,480 --> 01:23:28,180
say that a truck will make a left turn over the center of the roundabout. And I'm not sure

960
01:23:28,180 --> 01:23:34,800
how that really works in reality because you could have a truck sitting here waiting for

961
01:23:34,800 --> 01:23:39,760
a chance to turn left and backing traffic up so it wouldn't necessarily create a more

962
01:23:39,760 --> 01:23:46,720
efficient situation, and then this radius at 20 feet, your standard curb radius at a residential

963
01:23:46,720 --> 01:23:49,680
area is 25 feet, so it's even smaller than that.

964
01:23:51,080 --> 01:23:54,900
So as we look deeper at the alternatives, flaws emerged on both of them.

965
01:23:55,540 --> 01:24:01,360
As I said, roundabouts require adequate space to function properly, and there's not enough

966
01:24:01,360 --> 01:24:04,900
space at that location without acquiring additional right of way.

967
01:24:05,580 --> 01:24:09,820
And any roundabout at that location will need to accommodate truck traffic because price

968
01:24:09,820 --> 01:24:12,560
catered road is a 65-foot truck route.

969
01:24:13,520 --> 01:24:17,380
And then with either a roundabout or a signal control, we're going to need coordination

970
01:24:17,380 --> 01:24:19,120
with the signal and heines and price.

971
01:24:21,560 --> 01:24:26,860
So sometimes you get buried in the solutions and you have to step back and say what's the

972
01:24:26,860 --> 01:24:27,700
problem we want to solve.

973
01:24:28,460 --> 01:24:32,000
So the intersection of price-cainting road and bellow street is heavily congested during

974
01:24:32,000 --> 01:24:37,540
the PMP, level of service is currently at a level of service D and that's on an A to F scale.

975
01:24:38,220 --> 01:24:42,140
It will decline to a level of service F, it build out.

976
01:24:42,660 --> 01:24:46,240
And that's because the vehicle's on Bella Street experience a lengthy delay.

977
01:24:46,980 --> 01:24:50,800
And then traffic on Price Canyon Road does back up for a significant distance.

978
01:24:51,980 --> 01:24:58,180
So requirements for the solution are that during the PMP hour, we need to improve traffic flow so

979
01:24:58,180 --> 01:25:02,940
that vehicles waiting to turn from Below Street on to price canyon road do not experience

980
01:25:02,940 --> 01:25:08,520
significant delays while not increasing but hopefully reducing the eastbound queue

981
01:25:08,870 --> 01:25:13,160
on price canyon road. We know that some of our challenges are that

982
01:25:13,160 --> 01:25:18,040
price canyon road functions as highway. It has a vertical and horizontal curves coming

983
01:25:18,040 --> 01:25:23,900
into this intersection. It's a root of regional significance. It's carrying traffic from the

984
01:25:23,900 --> 01:25:26,680
the city of slow and slow under unincorporated

985
01:25:26,680 --> 01:25:29,260
and in the valley, all to the Southbound 101.

986
01:25:30,120 --> 01:25:31,380
The amount of traffic will continue

987
01:25:31,380 --> 01:25:32,840
because there's significant development

988
01:25:32,840 --> 01:25:33,960
going on in those areas.

989
01:25:34,660 --> 01:25:36,680
And when there's congestion to the north of us

990
01:25:36,680 --> 01:25:38,980
on Highway 101, it encourages drivers

991
01:25:38,980 --> 01:25:42,580
to go down to 27 to price canyon to the Southbound 101.

992
01:25:43,420 --> 01:25:46,080
So it's just a layout of our regional traffic.

993
01:25:47,020 --> 01:25:49,080
And you will see the slide a couple of times.

994
01:25:49,400 --> 01:25:50,160
It wasn't a mistake.

995
01:25:50,700 --> 01:25:53,000
I think it's good to highlight where these cars

996
01:25:53,000 --> 01:25:54,260
are coming from and where they're going.

997
01:25:55,740 --> 01:25:57,580
We also have intersection geometry.

998
01:25:57,900 --> 01:26:00,180
We know it's skewed at acute angles, which

999
01:26:00,180 --> 01:26:01,180
complicates design.

1000
01:26:01,660 --> 01:26:04,080
The elevation differences also complicate design.

1001
01:26:04,260 --> 01:26:06,340
The topography can impede site distance

1002
01:26:06,340 --> 01:26:07,880
and also complicate design.

1003
01:26:08,480 --> 01:26:11,260
Acute angles also make it more difficult to look behind you

1004
01:26:11,260 --> 01:26:13,960
because you have to look so far back.

1005
01:26:14,720 --> 01:26:17,620
And price skating road is a 65 foot truck route.

1006
01:26:18,060 --> 01:26:19,400
And it's trucks with the kingpin.

1007
01:26:19,660 --> 01:26:21,280
So it's the cab and the trailer in the back.

1008
01:26:21,280 --> 01:26:26,220
So tractor trailers, fire engines, and PG&E trucks regularly navigate this corridor.

1009
01:26:27,640 --> 01:26:33,420
And from price at Heinz Avenue, traffic backs up from that intersection eastward past

1010
01:26:33,420 --> 01:26:33,860
bellow.

1011
01:26:34,800 --> 01:26:39,300
So vehicles couldn't make the turn on the price canyon road from bellow if the middle

1012
01:26:39,300 --> 01:26:41,400
of that intersection is jammed with other cars.

1013
01:26:42,320 --> 01:26:44,860
So you can't just focus on this one intersection.

1014
01:26:45,220 --> 01:26:49,440
There's also a southbound one-on-one off ramp on Heinz, just east of Price, just add to the

1015
01:26:49,440 --> 01:26:49,720
party.

1016
01:26:49,720 --> 01:26:54,980
And then downstream is Price Street at Stimson Avenue, which has the highest number of collisions

1017
01:26:54,980 --> 01:26:55,620
in the city.

1018
01:26:56,660 --> 01:26:59,500
And here is some of that information.

1019
01:26:59,560 --> 01:27:03,440
This is from Slow Cogs Regional Road Safety Action Plan, the 2025 draft.

1020
01:27:04,180 --> 01:27:09,560
For eight of our priority locations, four of them are along this route.

1021
01:27:09,800 --> 01:27:14,820
Price Canyon, Invello, Stimson and Price, Ocean View and Price and Price and Hines.

1022
01:27:16,320 --> 01:27:18,080
Again, our regional traffic.

1023
01:27:18,880 --> 01:27:24,280
So, if we take a step back to recalibrate, we have an opportunity to design a solution

1024
01:27:24,280 --> 01:27:28,120
for multiple problems, not a guarantee, but an opportunity.

1025
01:27:28,580 --> 01:27:32,620
If we can take the price of the route, from price canning road of Bellow Street through

1026
01:27:32,620 --> 01:27:36,800
price of hines and then through Stimston and Ocean View Avenue, and make sure they function

1027
01:27:36,800 --> 01:27:42,480
as a system, then we could potentially improve traffic flow and reduce conditions at all

1028
01:27:42,480 --> 01:27:44,260
of the intersections along this route.

1029
01:27:44,260 --> 01:27:49,780
We would be able to improve pedestrian and bicycle safety and potentially create a gateway

1030
01:27:49,780 --> 01:27:51,140
to Pismo Beach at the 101.

1031
01:27:52,520 --> 01:27:57,560
So staff's recommendation would be that Council direct staff to develop a request for proposals

1032
01:27:57,560 --> 01:28:03,020
to retain a consultant to perform a holistic evaluation of this regional route and all of

1033
01:28:03,020 --> 01:28:05,400
its impacts and potential opportunities for improvement.

1034
01:28:05,940 --> 01:28:10,480
That staff and consultant would return to Council with options for additional study and

1035
01:28:10,480 --> 01:28:14,080
And that we continue to work with SlowCog to emphasize the importance of this regional

1036
01:28:14,080 --> 01:28:19,100
route to the County of San Luis Obispo and its impact on the city of Pizmo Beach and

1037
01:28:19,100 --> 01:28:20,700
the need to invest in the solution.

1038
01:28:21,760 --> 01:28:23,240
And that concludes my presentation.

1039
01:28:24,500 --> 01:28:25,320
Thank you.

1040
01:28:25,960 --> 01:28:26,780
Very thorough.

1041
01:28:26,980 --> 01:28:27,380
Questions?

1042
01:28:28,940 --> 01:28:29,500
Go ahead.

1043
01:28:29,580 --> 01:28:30,380
I had a quick question.

1044
01:28:31,840 --> 01:28:39,000
So based on what you're saying, the peanut for price canyon would be really challenging

1045
01:28:39,000 --> 01:28:48,980
not sure if it would address the solutions because of the trucks, the turning, and so with

1046
01:28:48,980 --> 01:28:54,500
the light and working on the other intersections, if I'm understanding you right, you're saying

1047
01:28:54,500 --> 01:28:59,460
that making multiple improvements will, that's the key to the flow.

1048
01:29:00,140 --> 01:29:01,020
Is that what you're saying?

1049
01:29:01,080 --> 01:29:01,700
That is correct.

1050
01:29:02,340 --> 01:29:02,740
That is correct.

1051
01:29:02,940 --> 01:29:08,420
Addressing all of those intersections, all of that entire route as one system, you can

1052
01:29:08,420 --> 01:29:14,280
When you think of a traffic, you have water sheds and traffic sheds, and if you look

1053
01:29:14,280 --> 01:29:18,560
at traffic as water, at least water will spill out when it gets to a roadside.

1054
01:29:18,820 --> 01:29:23,960
The traffic won't, it just keeps backing up, so you need the intersection, the next intersection

1055
01:29:23,960 --> 01:29:28,700
to be clear if you want the intersection you're working on to work properly.

1056
01:29:30,060 --> 01:29:30,320
Go ahead.

1057
01:29:31,580 --> 01:29:37,900
I had the opportunity to drive to the Paserovelas peanut that a week ago, and it's very well

1058
01:29:37,900 --> 01:29:43,540
laid out and you're right that I didn't even realize it was a peanut because of the

1059
01:29:43,540 --> 01:29:48,500
foliage in the middle of it because you don't really see the other people on the other

1060
01:29:48,500 --> 01:29:52,500
side and what they're doing. So it wasn't until I was halfway through that I realized that

1061
01:29:52,500 --> 01:29:59,460
was the peanut and because that area is so small compared to the area in Paso Robos, it

1062
01:29:59,460 --> 01:29:59,680
does.

1063
01:30:00,000 --> 01:30:24,400
It seemed to me to be difficult and I don't understand the logic in having trucks go over that peanut. So I'm glad you showed us all of that and how that works and how it works in Paso and how it would likely not work here. And so I really like the idea of looking through this whole region. There's a lot of things we need to look at.

1064
01:30:28,880 --> 01:30:33,060
What you've got opinion on, can we solve it or just make it better?

1065
01:30:33,060 --> 01:30:34,020
So,

1066
01:30:36,270 --> 01:30:40,370
in terms of trying to make things a little better, we have asked a traffic engineer

1067
01:30:40,370 --> 01:30:46,270
to give us a proposal to recalibrate the timing at Price and Hines, but there's, through

1068
01:30:46,270 --> 01:30:50,530
there's like 1,600 cars in an hour during the PM peak going through there.

1069
01:30:50,730 --> 01:30:53,150
We're talking about a lot of vehicles.

1070
01:30:53,870 --> 01:30:59,590
So, we have to be able to flush those vehicles through Price and Hines.

1071
01:30:59,590 --> 01:31:02,250
So, how do we, how do we do that?

1072
01:31:02,630 --> 01:31:07,450
It may come out that you have a signal at price,

1073
01:31:07,590 --> 01:31:09,250
and maybe you have roundabouts further on.

1074
01:31:09,650 --> 01:31:12,510
I don't know, but you have a lot of vehicles

1075
01:31:12,510 --> 01:31:15,410
to get down there and through those two intersections.

1076
01:31:15,470 --> 01:31:16,530
And you need to do it quickly.

1077
01:31:17,390 --> 01:31:20,070
One of the things is this intersection

1078
01:31:20,070 --> 01:31:21,790
and what is here exists now,

1079
01:31:22,110 --> 01:31:24,550
and so sort of grandfathered in

1080
01:31:24,550 --> 01:31:26,250
from a design immunity perspective.

1081
01:31:26,250 --> 01:31:41,170
But anything we do that's new needs to work and needs to be safe and check all of the boxes and so that's why it's just really important that we don't try to look at one piece and think we're gonna solve it and create any problem.

1082
01:31:41,410 --> 01:31:48,030
Yeah, I didn't know what the traffic counts are, it's even possible to push that many vehicles through it during those crunch time periods.

1083
01:31:48,610 --> 01:31:56,570
I would say if you would move them through slowly, you wouldn't have the backup, you would

1084
01:31:56,570 --> 01:32:02,470
have to set, if you had a single tool, you would have to set that, you'd have to set

1085
01:32:02,470 --> 01:32:06,190
it so the price canyon road is green unless triggered by bellow.

1086
01:32:06,630 --> 01:32:11,850
And you'd have to reduce the amount of time that you have that green for bellow and you

1087
01:32:11,850 --> 01:32:18,070
You need to flush out Heinz at price around about could probably handle a tremendous amount

1088
01:32:18,070 --> 01:32:18,650
of traffic.

1089
01:32:19,690 --> 01:32:24,310
And then go ahead and see if you're moving that many cars through it during that time.

1090
01:32:24,930 --> 01:32:29,030
Now you have less of a gap as you come through Stimson and Ocean View.

1091
01:32:29,610 --> 01:32:35,210
So what is the best way to deal with that traffic that drivers who want to come out are not

1092
01:32:35,210 --> 01:32:38,110
going to have the gap that they had when there was a traffic signal?

1093
01:32:38,690 --> 01:32:40,610
I know we're doing a downtown study too.

1094
01:32:40,610 --> 01:32:46,730
So, we would do this first and incorporate their results into our downtown study, is that

1095
01:32:46,730 --> 01:32:47,170
what you're thinking?

1096
01:32:47,370 --> 01:32:53,530
Yes, I would suggest seeing if there is a layout that works for this, and then we can

1097
01:32:53,530 --> 01:32:58,390
work with the downtown study to see if there's impacts from that.

1098
01:32:58,770 --> 01:32:58,890
Okay.

1099
01:32:59,590 --> 01:33:03,070
Last thing, if you want to see how bad traffic can get, let's wait until they start the

1100
01:33:03,070 --> 01:33:08,750
highway 101 construction and everybody de-tours around, so we will be able to see how much

1101
01:33:08,750 --> 01:33:09,850
worse it can really get.

1102
01:33:10,550 --> 01:33:11,430
We'll see our future.

1103
01:33:12,650 --> 01:33:15,330
Glass half full, glass half dimpy.

1104
01:33:15,590 --> 01:33:19,470
Once it's done presumably it'll be some of traffic in 227.

1105
01:33:19,650 --> 01:33:23,630
But there's also a couple of roundabouts at Buckley and at

1106
01:33:29,870 --> 01:33:35,270
which both were the golf courses, the Rancho.

1107
01:33:36,010 --> 01:33:39,590
And when those are done that could move traffic

1108
01:33:39,590 --> 01:33:41,230
through that area perhaps a little bit quicker

1109
01:33:41,230 --> 01:33:46,170
because that's currently backing up there so this is part of slow cogs effort and I think

1110
01:33:46,910 --> 01:33:52,230
I'm hopeful that once we get that managed lane done that that will be some pressure

1111
01:33:52,980 --> 01:33:57,110
you know using your water analogy through that area any other questions

1112
01:33:57,850 --> 01:34:04,010
I have one question following up but what you were commenting so as you were suggesting the lighting

1113
01:34:04,010 --> 01:34:09,410
to work and and the flow through did you say it's potential that you would have a

1114
01:34:09,410 --> 01:34:16,150
around about at price and price canyon and price street.

1115
01:34:17,230 --> 01:34:21,430
So when council member Newton asked, is there possible to get that much traffic through

1116
01:34:21,430 --> 01:34:21,690
there?

1117
01:34:21,870 --> 01:34:21,930
Yeah.

1118
01:34:22,090 --> 01:34:25,410
If you, if around about can move a lot of traffic.

1119
01:34:25,410 --> 01:34:25,550
Yeah.

1120
01:34:25,730 --> 01:34:25,830
Right.

1121
01:34:25,950 --> 01:34:27,710
And so that's a potential option.

1122
01:34:28,510 --> 01:34:28,890
It's interesting.

1123
01:34:29,910 --> 01:34:36,210
And I, I don't want, I don't, I don't want to, I don't want to put my finger on the scale

1124
01:34:36,210 --> 01:34:40,610
anywhere, and I won't even do it with the consultants. I really want someone to look at this and

1125
01:34:40,610 --> 01:34:45,870
look at the whole thing. Correct. Right. To move everything. Okay. I like that idea a lot. Thank you.

1126
01:34:46,070 --> 01:34:50,810
Any other questions? Go ahead. Need to have a motion. Well, first of all, I need to go public.

1127
01:34:53,590 --> 01:34:57,710
I'll let you do that. Thank you. I have no speakers.

1128
01:34:57,890 --> 01:34:59,830
Let me public comment on this item.

1129
01:35:02,470 --> 01:35:04,430
Seeing none, I'll bring it back to council.

1130
01:35:04,430 --> 01:35:17,150
or further discussion deliberation and I think what you're looking for is your recommendation is to say go ahead and fix this problem by getting a consultant.

1131
01:35:17,570 --> 01:35:19,550
And is that, do you need a motion to that effect?

1132
01:35:20,150 --> 01:35:28,230
No motion, I think, as long as we have consensus from the Council that we want to take a more comprehensive rather than focus on one intersection.

1133
01:35:29,090 --> 01:35:39,250
Yeah, my only comment is I think the solution is going to definitely be so huge that it's a more of a slow-cog responsibility than a city responsibility because I don't think it's all Pisma residents.

1134
01:35:39,410 --> 01:35:42,330
No, we're starting that conversation.

1135
01:35:43,350 --> 01:35:48,890
I know Mayor Wage mentioned that the last council meeting that he's having conversations he's on the slow-cog board as well.

1136
01:35:49,970 --> 01:35:54,270
And I know Miss Gaglioni is also starting to have those conversations with slow cog.

1137
01:35:54,450 --> 01:36:00,170
We need to start planting the seed, but this is a regional problem that happens to be

1138
01:36:00,170 --> 01:36:05,490
in PISMO beach, but it is a regional problem in PISMO beach.

1139
01:36:06,190 --> 01:36:12,670
So that's the messaging that we will definitely be pushing very clearly and aggressively.

1140
01:36:13,650 --> 01:36:22,560
I've been making this point to slow-cog for about the last eight years, so they're very

1141
01:36:22,560 --> 01:36:23,660
well aware of it.

1142
01:36:23,820 --> 01:36:30,700
It's kind of on their list, but like all things, it's going to be cost and funding and revenue

1143
01:36:30,700 --> 01:36:31,180
available.

1144
01:36:35,200 --> 01:36:40,040
So it's not going to happen always takes longer when you have to get money from somebody else

1145
01:36:40,040 --> 01:36:41,120
but it's on the list.

1146
01:36:41,120 --> 01:36:44,200
Any other comments, discussion on this?

1147
01:36:44,500 --> 01:36:46,000
I think we've given direction to move forward

1148
01:36:46,000 --> 01:36:51,240
with our new Public Works Director recommendation.

1149
01:36:52,660 --> 01:37:00,080
Move on then to our final item, which is item 12B.

1150
01:37:00,400 --> 01:37:02,760
Yes, squirrel control, Mr. Garcia.

1151
01:37:02,980 --> 01:37:06,800
Yes, this item is also going to be presented by Ms. Gaglioni.

1152
01:37:07,380 --> 01:37:09,980
An item that continues to evolve,

1153
01:37:09,980 --> 01:37:17,200
All we've most recently just received even more updates from the state of California on some potential developments.

1154
01:37:17,580 --> 01:37:26,140
So we'll provide an overview here and happy to have any direction that the city council may have on how they would like us to address some of the concerns.

1155
01:37:28,520 --> 01:37:30,840
Thank you, Mr. Garcia, Mayor, council members.

1156
01:37:31,820 --> 01:37:36,160
We do have a squirrel population problem in some of our parks.

1157
01:37:36,160 --> 01:37:42,780
Since we stopped baiting them a couple of years ago, the population has exploded.

1158
01:37:43,440 --> 01:37:48,520
We do have people feeding them, they will come up and eat from the hands of folks.

1159
01:37:49,180 --> 01:37:54,760
I had a very interesting experience going to Eldone Park with Mr. Garcia and Mr.

1160
01:37:54,860 --> 01:38:00,980
Eldridge, and as he spoke and pointed, they came up ready to be fed.

1161
01:38:01,480 --> 01:38:06,690
Yes, that's correct, that's correct, but they are rodents.

1162
01:38:06,690 --> 01:38:13,970
And there are diseases that squirrels can carry, and so all they look cute, they're not a great thing for the parks.

1163
01:38:13,970 --> 01:38:22,890
The other thing is their tunneling moves water through and out the bluffs and helps to accelerate the collapse of the bluffs.

1164
01:38:23,310 --> 01:38:32,870
So FEMA made the comment about that when they were out here at one of our sites that we need to take care of the squirrel problem because it's impacting the bluffs.

1165
01:38:32,870 --> 01:38:44,790
So, we started getting in touch with the county and then with the state and what we have found out is the system of baiting that we used to use is no longer legal.

1166
01:38:45,530 --> 01:38:46,830
So, that's off the table.

1167
01:38:47,590 --> 01:39:00,950
We have our carbon monoxide machine, but it hasn't been effective because there's probably a whole underground city under there now and it dissipates the gas plus on the other side is open air with the bluffs.

1168
01:39:00,950 --> 01:39:07,950
So, what we found out is our options, our legal options at this point is a poison called

1169
01:39:07,950 --> 01:39:14,610
rosal. The only problem is it's not recommended due to high toxicity to people in animals, especially

1170
01:39:14,610 --> 01:39:19,410
dogs. You can't use it near a lot of people, you can't use it on walkways, you can't use

1171
01:39:19,410 --> 01:39:27,090
it near water. So, that is something that obviously isn't going to work for us. We have checked

1172
01:39:27,090 --> 01:39:33,310
on birth control, and if someone in Europe is trying to work on this, but they don't have

1173
01:39:33,310 --> 01:39:38,130
anything yet, but we do know they breed two times a year from June through August and

1174
01:39:38,130 --> 01:39:44,410
from December through February, so those are good times to take action. So, as I said,

1175
01:39:44,530 --> 01:39:49,490
the carbon monoxide poisoning hasn't been effective because there's just too much area under there,

1176
01:39:49,810 --> 01:39:55,510
so the other option is called mechanical control. And mechanical control, we trap them on site,

1177
01:39:55,510 --> 01:39:58,550
we dispatched them on site and then disposed of them.

1178
01:40:00,190 --> 01:40:06,050
That there's a couple of ways of doing that that are recommended by a council of veterinarians

1179
01:40:06,050 --> 01:40:08,290
that advise the state on these matters.

1180
01:40:08,690 --> 01:40:14,250
One is shooting and the other which could be pellet gun or blight powder.

1181
01:40:15,070 --> 01:40:19,070
The other is they actually sent us a plan for a small gas chamber.

1182
01:40:20,070 --> 01:40:21,570
So, once they're caught,

1183
01:40:23,580 --> 01:40:26,840
they can be placed in the chamber where we can concentrate the

1184
01:40:26,840 --> 01:40:28,560
carbon monoxide, then they just go to sleep.

1185
01:40:30,140 --> 01:40:34,140
Problem is we have to do it on site because we're not supposed to transport these squirrels

1186
01:40:34,140 --> 01:40:35,140
from one place to another.

1187
01:40:36,260 --> 01:40:36,940
Is that a regulation?

1188
01:40:37,500 --> 01:40:37,660
Yes.

1189
01:40:39,120 --> 01:40:45,440
Well, they don't want you potentially bringing squirrels with this disease to an area where

1190
01:40:45,440 --> 01:40:49,320
squirrels don't have that disease yet, which is why most of those, and you can't take them

1191
01:40:49,320 --> 01:40:53,200
and set them free somewhere. They don't want that. They are rodents. They're pests.

1192
01:40:55,900 --> 01:41:02,160
So that is, I mean, we would like to hear if Council has any direction for us, but I believe

1193
01:41:02,160 --> 01:41:08,800
at this point, the only option we have is either shooting or a gas chamber.

1194
01:41:09,180 --> 01:41:14,800
Well, I know I have three friends that already engage in shooting behavior in their backyards

1195
01:41:14,800 --> 01:41:34,300
in another county. That's kind of a joke, because I'm sure the police chief doesn't want shooting happening of squirrels in our park, so I would go with the CO2, it puts in the sleep. It's not as agree just in my opinion.

1196
01:41:35,160 --> 01:41:50,980
would be CO. Yeah. Right. Bad question. Well, I, in fact, before we give direction, I guess, I'd like, before we give direction, I'd like to go through questions and give a public comment and bring it back for direction.

1197
01:41:53,020 --> 01:41:56,800
Okay. Can I ask a question? Are you going to go the public? No, go ahead.

1198
01:41:58,560 --> 01:42:07,800
Has anyone considered a dual approach, especially for feeding the squirrels on educating the

1199
01:42:07,800 --> 01:42:14,000
public on why, because a lot of people don't realize that squirrels are undermining our

1200
01:42:14,000 --> 01:42:14,320
cliffs.

1201
01:42:14,460 --> 01:42:21,100
They're coming in from an agricultural area where they're not thinking about that, their kids

1202
01:42:21,100 --> 01:42:27,780
are seeing acute squirrels so if we can educate people I mean you could do it in a cartoon form

1203
01:42:27,780 --> 01:42:33,520
a fun you know however about feeding the squirrels and the damage that they're doing I don't know

1204
01:42:33,520 --> 01:42:39,060
if that's affected but for me if I'm going into an area and I see a video and I'm like when my

1205
01:42:39,060 --> 01:42:43,240
daughter was little I would have easily said let's make sure we don't feed the squirrels I understand

1206
01:42:43,240 --> 01:42:49,340
it's very harmful so I might my mayor may not work but has that been considered maybe a public

1207
01:42:49,340 --> 01:42:57,920
I think we have not considered that explicitly, but I think it's a great idea and it's something that we can easily do and put together.

1208
01:42:58,220 --> 01:43:01,480
So I think that should be a component of any solution.

1209
01:43:02,740 --> 01:43:07,400
So I think that's a great idea and something we can work with our team on.

1210
01:43:08,180 --> 01:43:13,880
Any other questions? Let me go out to the public. I have no speakers left. Any public comment on this item?

1211
01:43:15,720 --> 01:43:25,300
Seeing none, and I guess rather than I realize you're looking for direction, I'm inclined

1212
01:43:25,300 --> 01:43:29,200
to say do what you think is because you're going to have to care out the program and

1213
01:43:29,200 --> 01:43:37,240
both of them can be effective, but rather than I don't feel comfortable saying, here's

1214
01:43:37,240 --> 01:43:42,400
the best way to do it, I would rather rely on your professional experience and how you're

1215
01:43:42,400 --> 01:43:44,340
working with your staff on how we can take care of.

1216
01:43:44,340 --> 01:43:46,760
I think certainly the signage is important.

1217
01:43:47,640 --> 01:43:50,480
We need to tell people you feel a scroll

1218
01:43:50,480 --> 01:43:51,980
and the fluff's going to go away

1219
01:43:51,980 --> 01:43:53,300
and there goes whatever.

1220
01:43:53,860 --> 01:43:55,000
We won't be able to sit here anymore,

1221
01:43:55,500 --> 01:43:56,220
stand here anymore.

1222
01:43:56,900 --> 01:43:58,880
I think certainly education is important,

1223
01:43:59,200 --> 01:44:01,840
but I guess I'm be more comfortable

1224
01:44:01,840 --> 01:44:04,780
with this giving you direction to take care of the problem

1225
01:44:04,780 --> 01:44:05,560
as best you can,

1226
01:44:05,720 --> 01:44:06,700
because there's very few options.

1227
01:44:07,740 --> 01:44:08,200
Seems like.

1228
01:44:08,480 --> 01:44:09,600
Did you have a question or a comment?

1229
01:44:10,620 --> 01:44:11,020
Any others?

1230
01:44:11,020 --> 01:44:14,820
Well, I'm sad there's not an adoptive school program, you know, and it's not illegal.

1231
01:44:15,500 --> 01:44:21,180
But I want to agree with the mayor is, you know, we give them things may change over time.

1232
01:44:21,480 --> 01:44:23,200
Maybe other practices that are better.

1233
01:44:23,680 --> 01:44:27,340
So I would say leave it to their professional opinion on what's most effective.

1234
01:44:27,980 --> 01:44:34,140
Yeah, you have very few tools and I'm not going to try to use my judgment to tell you what the best tool is.

1235
01:44:34,300 --> 01:44:34,580
Go ahead.

1236
01:44:34,580 --> 01:44:41,040
No, I agree also because we have the same issue with the pigeons and I think we've kind

1237
01:44:41,040 --> 01:44:43,660
of managed that, so right.

1238
01:44:45,580 --> 01:44:47,040
Okay, anyone else?

1239
01:44:47,280 --> 01:44:53,160
I think consensus is use your judgment best way to take care of it along with some signage.

1240
01:44:53,900 --> 01:44:55,120
Is there anything else on this item?

1241
01:44:56,220 --> 01:44:56,460
Okay.

1242
01:44:56,840 --> 01:44:57,460
Thank you.

1243
01:44:57,460 --> 01:44:59,800
Okay, this is our last item. Any council?

1244
01:45:00,000 --> 01:45:29,700
Comments or requests? Go ahead. I'm going to say, um, I don't know, uh, our law enforcement is doing a special operation in Shell Beach, but it was great to see the enforcement this weekend. Um, seen a pullover, everyone that's rolling through the stop signs. I went by one way. I mean, there's people just pulled over all day to the point where you want to just pull over and watch because I mean, we all know their stop signs, but obviously some people don't. Yeah. And I think quite a few, uh,

1245
01:45:29,700 --> 01:45:31,120
We've got a little citation.

1246
01:45:32,120 --> 01:45:33,420
So it's great to see the enforcement.

1247
01:45:34,000 --> 01:45:34,440
Thank you.

1248
01:45:34,700 --> 01:45:35,880
Just a little levity here.

1249
01:45:36,040 --> 01:45:38,160
Perhaps if the chief let us know where these are,

1250
01:45:38,420 --> 01:45:40,480
the council can hold up signs.

1251
01:45:40,500 --> 01:45:42,120
This was a 10 or something.

1252
01:45:43,260 --> 01:45:44,800
It's horrible what they're doing.

1253
01:45:45,640 --> 01:45:45,940
It's just,

1254
01:45:48,320 --> 01:45:50,100
I think enforcement,

1255
01:45:50,600 --> 01:45:53,220
and I think you fact, do you want to address that or something?

1256
01:45:53,460 --> 01:45:55,080
I think maximum enforcement sometimes,

1257
01:45:55,080 --> 01:45:58,120
where you catch everyone with everybody is one way to handle it.

1258
01:45:58,240 --> 01:46:00,400
Do you have any thoughts, any comments on that, chief?

1259
01:46:02,200 --> 01:46:06,620
We have been given officer's son direction I know in the last month we've been focusing on

1260
01:46:06,620 --> 01:46:09,520
just structure driving because that's one of the main collision factors.

1261
01:46:10,900 --> 01:46:15,780
So we have officers out doing that special enforcement just looking for individuals who

1262
01:46:15,780 --> 01:46:18,880
are looking at their cell phone, talking on their cell phone, things like that.

1263
01:46:19,060 --> 01:46:27,320
So again, as we have things that we realize our problem, we are trying to focus on that and

1264
01:46:27,320 --> 01:46:28,760
address it throughout the year.

1265
01:46:28,760 --> 01:46:31,480
I appreciate that. Go ahead.

1266
01:46:32,080 --> 01:46:33,340
Did you get any bikes?

1267
01:46:34,240 --> 01:46:38,420
No, Willie. She'll be, I'll be stopped at a stop sign and there'll be one that'll zoom.

1268
01:46:38,620 --> 01:46:41,360
It freaks you out when you're stopped. You're thinking, why don't they, I agree.

1269
01:46:42,740 --> 01:46:47,000
You know, and again, it's something that I've, I've been forced.

1270
01:46:47,160 --> 01:46:51,920
I don't know how many bike sites, but we are asking that and I know one of the other concerns

1271
01:46:51,920 --> 01:46:56,140
that Mr. Garcia's brought to my intention is just been more concerned with dogs off leash.

1272
01:46:57,000 --> 01:47:03,340
I have heard a lot of the citations happening over the weekends also, so, again, as those

1273
01:47:03,340 --> 01:47:07,940
things come into me, we definitely get that information out to either our CSC or our

1274
01:47:07,940 --> 01:47:10,840
traffic officers to, you know, make sure we're addressing those concerns.

1275
01:47:11,280 --> 01:47:19,300
Well, good comment. I had heard about the enhanced enforcement or distracted driving. I wasn't

1276
01:47:19,300 --> 01:47:23,060
sure if we were doing part of that. I knew the CHP was, looks like we were doing it, too.

1277
01:47:23,060 --> 01:47:27,680
Okay, thank you. Anything else? Seem none of this meeting's adjourned.