AGENDA
Pismo Beach City Council
Tuesday, April 19, 2022
Zoom Meeting ID: 848 2371 5585 - Phone Number (669) 900-6833 Zoom Meeting Link https://us02web.zoom.us/j/84823715585 In-person access: Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, 93449
0. HYBRID MEETING INSTRUCTIONS:
To continue conducting the people’s business within San Luis Obispo County, State of California, and CDC health and safety guidelines, this meeting is being conducted in a hybrid format with both in-person and virtual public participation. Ways to watch this meeting and submit public comment are provided below.
Watch and participate in person:
• Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. Please note that face coverings are required for individuals who are not fully vaccinated; by entering the facility without a mask, you attest that you are fully vaccinated.
• To make public comment, please submit an optional blue “speaker slip” to staff; the Mayor will ask you to approach the lectern to speak during the public comment period on your item of interest.
Watch and participate via Zoom:
• Click this link on any computer or mobile device: https://us02web.zoom.us/j/84823715585 . This URL may also be typed into a web browser.
• To make public comment, press the “raise your hand” button when the comment period for your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.
Listen and participate via telephone:
• Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted. • To make public comment, press *9 to “raise your hand” when the comment period on your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.
Watch online:
• Visit www.pismobeach.org/agenda and scroll to “Upcoming Events.” When the live broadcast begins, an “In Progress” link will appear; click this link to watch the livestream.
Watch on Channel 20:
• Tune to local cable channel 20 in Pismo Beach; the meeting will be broadcast live. Meetings are also replayed at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day the following week.
Submit written comment:
• In advance of the meeting, written comments may be emailed to [email protected] or mailed or delivered to the City Clerk’s Office, 760 Mattie Road, Pismo Beach, CA 93449. During the meeting no later than the start of the comment period for your item of interest, written comment may be emailed to [email protected] or hand-delivered to staff in the Council Chamber.
Submit voicemail comment:
• Call 805-773-7005 and leave a voicemail before the meeting; or during the meeting no later than the start of the comment period for your item of interest. This phone number is an automated voicemail line only and will not be answered or monitored for other purposes.
Please note:
• Meetings may begin a few minutes after the scheduled start time. • Meetings will be recorded; these recordings are public record. • Phone numbers of call-in participants may be visible to other meeting participants, or in meeting recordings; Members of the public may create free Zoom accounts in order to change their screen names via the Zoom software when joining the virtual call.
• Phone numbers of voicemail commenters may be visible in the public record along with transcripts. • Public commenters wishing to display written comment or pictorial exhibit during a comment period must email the materials ahead of the comment period in order to permit display of the materials.
Please contact City Clerk Erica Inderlied at [email protected] with questions.
Council Agenda 4-19-2022
Pismo Beach City Council Agenda April 19, 2022
Regular Meeting—5:30 p.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 Zoom Meeting ID: 848 2371 5585 – Phone Number (669) 900-6833
CALL TO ORDER: Mayor Waage
1. ROLL CALL:
Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Blake, Guthrie, Newton
2. PLEDGE OF ALLEGIANCE
3. ACCEPTANCE OF AGENDA
4. PRESENTATIONS
Item 4.A: Proclamation: Sexual Assault Action Month (Lumina Alliance)
5. PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item NOT appearing on the agenda. For items appearing on the agenda, including the Consent Calendar, the public will be invited to make comments during Council consideration of the item. In accordance with state law, matters raised as part of this comment period cannot be discussed or acted upon by the City Council at this time.
However, in response to a matter raised as part of this comment period, the Council may, during Item 13, City Council Comments and Requests, direct staff to assist a speaker, or schedule the matter for consideration on a future agenda.
Please adhere to the following procedures when addressing the Council:
• Please limit your comments to 3 minutes or less.
• Unduly disruptive behavior will not be permitted.
Documents submitted to the Council become public record unless otherwise exempt from disclosure.
6. CITY MANAGER’S REPORT
7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
Council Agenda 4-19-2022
Pismo Beach City Council Agenda April 19, 2022
8. COUNCIL COMMITTEE REPORTS
1. Air Pollution Control District, SLO County (Waage/Newton)
2. California Coastal Coalition Board (Reiss/Blake)
3. California Joint Powers Insurance Authority Board (Reiss)
4. Central Coast Community Energy Policy Board (Mayor)
5. Chapman Estate Foundation Liaison (Reiss)
6. Coastal Cities Group, League of CA Cities (Waage)
7. CAPSLO Board of Directors (Reiss)
8. Conference and Visitors Bureau Board Liaison (Newton)
9. Friends of Price House Liaison (Waage)
10. Hazard Mitigation & Fire Safety (Blake/Waage)
11. Homeless Services Oversight Council (Guthrie)
12. Integrated W aste Management Authority (Newton)
13. Mobile Home Rent Stabilization Subcommittee (Blake/Waage)
14. REACH (formerly EVC) (Blake)
15. Regional Transit Authority, SLO (Waage/Reiss)
16. Shell Beach Improvement Group Liaison (Newton/Reiss)
17. SLOCOG (Waage/Reiss)
18. South County Chambers of Commerce Gov’t Affairs (Blake)
19. Visit SLO CAL Advisory Committee (Newton)
20. Water Resources Advisory Committee, SLO (Guthrie)
21. Zone 3 Water Advisory Committee, SLO (Guthrie)
(Govt Code Section 53232.3)
9. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration. Public comment on Consent Calendar items will be invited prior to action on the Calendar.
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
Adopt Minutes of the April 5, 2022 Closed and Regular Joint Meetings.
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for March 27, 2022.
2. Approve the Register of Demands for March 25, 2022 and April 1, 2022.
Item 9.C: Department Activity Reports for March 2022 (All)
Recommendation:
Receive reports as information only.
Item 9.D: Paid Parking Quarterly Update – Third Quarter of Fiscal Year 2022 (Downing)
Recommendation:
Receive report; information only.
Item 9.E: Amendment #2 to Agreement with SP Maintenance Services, Inc. for Parking Lot and Street Sweeping (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute Contract Amendment #2 with SP Maintenance Services, Inc. in the amount of $56,265 per year for two years of parking lot and street sweeping services.
Council Agenda 4-19-2022
Pismo Beach City Council Agenda April 19, 2022
Item 9.F: Annual City Weed Abatement Program; Declaration of Nuisances (Lee)
Recommendation:
Adopt a Resolution declaring that grass, weeds, and rubbish on certain lots in the City of Pismo Beach constitute public nuisances and ordering said public nuisances to be abated.
Item 9.G: Purchase of Two APX 8000 All-Band, Portable Radios from Motorola Solutions for the Fire Department (Feeser)
Recommendation:
Adopt a Resolution authorizing the purchase of two APX 8000 All-Band, portable radios from Motorola Solutions in the amount of $16,550.18 and appropriating $8,545.00 in the Lifeguard Operating Supplies Fund to support the purchase in Fiscal Year 2022.
Item 9.H: Adoption of Findings Relating to AB 361 (Virtual Meetings) (Inderlied)
Recommendation:
Adopt the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:
1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.
2. The following circumstances exist:
• State or local officials continue to impose or recommend measure to promote social distancing.
10. ITEMS PULLED FROM CONSENT CALENDAR
Council Agenda 4-19-2022
Pismo Beach City Council Agenda April 19, 2022
11. PUBLIC HEARINGS No earlier than 6:00 p.m.
GENERAL PROCEDURES FOR PUBLIC HEARINGS (Mayor/Presiding Officer reserves discretion to set speaking allowances):
1. City staff will present the staff report and recommendation, and respond to technical/clarifying questions from Council;
2. Mayor will open the public hearing, and invite the project applicant, or representative, to present the project;
3. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to present their appeal;
4. Mayor will then ask other interested persons to testify regarding the project (Limited to 3 mins per speaker);
5. Mayor will invite the project applicant, or representative, to make a rebuttal if desired;
6. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to make a rebuttal if desired;
7. Mayor will close the public hearing, following which the Council will deliberate and act on the matter.
Item 11.A: General Plan/Local Coastal Program Amendment to the City of Pismo Bach Land Use Element Planning Area ‘E’ (St. Andrews Tract) to Eliminate Development Restrictions Imposed by Policies LU-E-1 ‘a’ and ‘b’; and Adoption of a Negative Declaration (Downing)
Recommendation:
Adopt a Resolution adopting a General Plan/Local Coastal Program Amendment to the City of Pismo Beach Land Use Element Planning Area ‘E’ (St. Andrews Tract) to eliminate development restrictions imposed by Policies LU-E-1 ‘a’ and ‘b’; and adopting a Negative Declaration.
Item 11.B: Appeal of Planning Commission Approval of a Coastal Development Permit to Construct a New Single-Family Residence at 171 Naomi Avenue (P21-000015); the Project is located in the Coastal Appeal Zone and is Appealable to the California Coastal Commission; APN 010-501- 005 (Downing)
Recommendation:
Adopt a Resolution denying the appeals and upholding the March 22, 2022, Planning Commission approval of a Coastal Development Permit (P21- 000015) to demolish an existing single-family residence and construct a new 3,648-square-foot single-family residence at 171 Naomi Avenue, and adopting a Negative Declaration.
Item 11.C: Resolution Levying the 2% Annual Assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2023: July 1, 2022 Through June 30, 2023 (Feeser)
Recommendation:
1. Open public hearing; accept protests, if any, to the proposed assessments; close public hearing;
2. Adopt a Resolution levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2023: July 1, 2022 through June 30, 2023.
Council Agenda 4-19-2022
Pismo Beach City Council Agenda April 19, 2022
12. BUSINESS ITEMS May be reordered and heard prior to Public Hearings
Item 12.A: Review of Administrative Coastal Development Permit Process (Downing)
Recommendation:
Review Municipal Code provisions regarding Administrative Coastal Development Permits and provide direction to staff if desired.
Item 12.B: Award Construction and Construction Management Contracts to CalPortland Construction, Cannon Corporation, and Pavement Engineering for the 2022 Paving Project (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to:
1. Award a contract to CalPortland Construction, in the amount of $10,587,902.10 for the construction of the 2022 Paving Project;
2. Enter into a Professional Services Agreement with Cannon Corporation, in the amount of $1,291,907.30 for Construction Management, Inspection, Materials Testing and Administrative Services for the 2022 Paving Project;
3. Enter into a Professional Services Agreement with Pavement Engineering, Inc., in the amount of $252,450 for Engineering Services During Construction of the 2022 Paving Project;
4. Appropriating related budget adjustments.
13. CITY COUNCIL COMMENTS AND REQUESTS
14. ADJOURNMENT
To the following meeting(s). Special and Closed Session times may be subject to change, as noticed. Meetings will be held in a hybrid virtual format unless otherwise noted:
Meeting Time Date Location
Special Closed
Regular Meeting
11:00 a.m.
5:30 p.m.
Friday, April 22, 2022
Tuesday, May 3, 2022
Council Chamber, City Hall
Council Chamber, City Hall
Regular Council meetings will adjourn by 11:00 p.m. unless four-fifths of the Council votes to continue past that time. If the meeting is adjourned at 11:00 p.m., any remaining agenda items will be continued to the next regular meeting (R-97-04).
AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the April 19, 2022 meeting(s) of the Pismo Beach City Council was posted on April 14, 2022, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.
Erica Inderlied, City Clerk
Meeting Schedule: The City Council of Pismo Beach regularly meets on the first and third Tuesdays of each month at 5:30 p.m., unless otherwise noticed. Closed and Special sessions will be duly noticed as needed.
Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at pismobeach.org/agenda and upon request from the City Clerk’s Office, typically by 4:00 p.m. on the Council Agenda 4-19-2022
Pismo Beach City Council Agenda April 19, 2022
Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed Sessions and other Special meetings are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.
Related Materials: All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at [email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. Please call (805) 773-7003 with any questions.
Broadcasting: Regular (televised) City Council meetings are available for viewing 24/7 at pismobeach.org/agenda, broadcast live on Channel 20, and re-broadcast during the week following the meeting on Channel 20 at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day.
Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment during public comment or as part of a scheduled presentation, 24 hours prior to the meeting at (805) 773-7003.
Notice Regarding Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need agenda documents provided in an alternative format, please contact the City Clerk’s Office at 773-7003 as soon as possible prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-
35.104 ADA Title II).
Council Agenda 4-19-2022
A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH RECOGNIZING APRIL 2022 AS SEXUAL ASSAULT ACTION MONTH
WHEREAS, Sexual Assault Action Month calls attention to the fact that sexual and intimate partner violence is widespread and impacts every person in Pismo Beach; and
WHEREAS, RISE and Stand Strong officially merged on July 1, 2021 to form Lumina Alliance, an agency that serves survivors of sexual and intimate partner violence throughout all of San Luis Obispo County; and
WHEREAS, although progress has been made toward preventing and ending sexual violence and providing support to survivors and their families, important work remains to be done; and
WHEREAS, there is a need to focus on the individualized needs of sexual violence survivors; and
WHEREAS, the marginalization of certain groups in society, including undocumented individuals, transgender individuals, and those living with disabilities, increases their vulnerability to sexual violence; and
WHEREAS, Lumina Alliance continues to provide a safe environment to those affected by sexual violence with crisis intervention, counseling, education, legal services, and emergency safe housing, with the help of dedicated volunteers and professionals; and
WHEREAS, Lumina Alliance has provided services to more than 935 people in the last year, including more than 4,852 collective nights provided for shelter clients, and more than 2,130 hours of counseling; and
WHEREAS, Lumina Alliance has created San Luis Obispo’s first social marketing campaign, ReDefine SLO, focused on parents and educators of preteen boys in an effort to prioritize frequent and quality conversations on topics such as gender, masculinity, and consent in an effort to prevent violence, harm, and assault in our community; and
WHEREAS, the City of Pismo Beach joins Lumina Alliance and other advocates and communities across the country in taking action to prevent sexual violence, and help survivors connect with services; and
NOW, THEREFORE, the City Council of the City of Pismo Beach hereby recognizes April 2022 as “Sexual Assault Action Month.”
Dated this 19th day of March, 2022
________________________
Ed Waage, Mayor
4.A-1Council Agenda 4-19-2022
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.A
` SUBJECT/TITLE:
ADOPTION OF MEETING MINUTES
RECOMMENDATION:
Adopt Minutes of the April 5, 2022 Closed and Regular Joint Meetings.
BACKGROUND:
Attached for the Council’s consideration are the draft minutes of the subject meetings for review and adoption.
FISCAL IMPACT:
There is no fiscal impact associated with the preparation or adoption of meeting minutes.
ALTERNATIVES:
1. Adopt the minutes with revisions.
2.Decline to adopt the minutes; provide direction or request additional information.
ATTACHMENTS:
1.Draft Minutes from April 5, 2022
Meeting Date: April 19, 2022 Submitted by: Erica Inderlied, City Clerk Assistant City Manager Approval:
9.A-1Council Agenda 4-19-2022
DRAFT MINUTES
Pismo Beach City Council
Pismo Beach Public Financing Authority Board
Tuesday, April 5, 2022
Special Closed Session—4:00 p.m.
Administration Conference Room, City Hall, 760 Mattie Road, Pismo Beach, CA 93449
The City Council of the City of Pismo Beach met this date in a special closed session with Mayor Waage presiding.
CALL TO ORDER: Mayor Waage called the meeting to order at 4:00 p.m.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Sheila Blake
Council Member Marcia Guthrie
Council Member Scott Newton
Staff Present:
Nadia Feeser, Administrative Services Director
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
2. PUBLIC COMMENT PERIOD
Mayor Waage called for public comment. There being no one wishing to comment, Mayor Waage closed the public comment period.
3. ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Waage announced the Closed Session item listed below.
Item 3.A: Conference with Labor Negotiators (Government Code §54957.6) Agency designated representatives: James R. Lewis
Employee organization: Service Employees International Union (SEIU) and Pismo Beach Police Officers Association (POA)
Unrepresented Employees: All Unrepresented Employees
Attachment 1
4. CLOSED SESSION REPORT
City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above items.
5. ADJOURNMENT
There being no further business, Mayor Waage adjourned the meeting at 5:20 p.m., to the 5:30 p.m. Regular Meeting.
Attachment 1
Regular Meeting—5:30 p.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449
The City Council and the Public Financing Authority Board of the City of Pismo Beach met this date in a regular session with Mayor / Chair Waage presiding.
CALL TO ORDER: 5:30 p.m.
1. ROLL CALL:
City Council:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Sheila Blake
Council Member Marcia Guthrie
Council Member Scott Newton
Public Financing Authority Board:
Present: Absent:
Chair Ed Waage None
Vice-Chair Mary Ann Reiss
Board Member Sheila Blake
Board Member Marcia Guthrie
Board Member Scott Newton
Staff Present:
Matt Downing, Community Development Director
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, Assistant City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
James R. Lewis, City Manager
Jeff Smith, Chief of Police
Other staff present as noted below
2. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Reiss led the Pledge of Allegiance.
3. ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
Attachment 1
4. PRESENTATIONS
Item 4.A: Presentation: Recognition of Outgoing Advisory Body Members (Waage)
• Stacy Inman, Planning Commission
• David Jones, Conference and Visitors Bureau/LBID Advisory Board • Tammy Paster, Parks, Recreation and Beautification Commission • Adam Werner, Planning Commission
Mayor Waage presented recognition plaques to Stacy Inman and David Jones.
Item 4.B: Presentation: 2022 Central Coast Community Energy (3CE) Annual Presentation (3CE)
Presented by Susan Davison, 3CE.
Item 4.C: Proclamation: Month of the Child and Child Abuse Prevention Month (CAPSLO)
Presented to Shannon Messerly, Community Action Partnership San Luis Obispo.
5. PUBLIC COMMENT PERIOD
Call for public comment:
Bruce Severance, 3CE Community Advisory Council Member, commented.
Maggie Payne, First 5 San Luis Obispo, commented.
6. CITY MANAGER’S REPORT
City Manager Lewis commented on various topics.
7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman reported that the Council had taken no reportable action during its 4:00 p.m. Closed Session; provided an update on the March 29, 2022 meeting of the Mobile Home Rent Stabilization Subcommittee, attended by Mayor Waage and Council Member Blake.
Attachment 1
8. COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:
Council Member Guthrie:
San Luis Obispo County Zone 3 Water Advisory Committee.
Council Member Newton:
San Luis Obispo County Integrated Waste Management Authority (IWMA) Board.
Mayor Waage:
San Luis Obispo Regional Transit Authority (SLORTA) Executive Committee.
San Luis Obispo Council of Governments (SLOCOG) Board.
9. CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Blake
Second: Newton
Vote: The motion passed on the following vote (Items 9.A through 9.H):
Ayes: 5 Blake, Newton, Guthrie, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
Adopt Minutes of the March 15, 2022 Closed and Regular Meetings.
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for March 13, 2022.
2. Approve the Register of Demands for March 4, 2022, March 11, 2022 and March 18, 2022.
Attachment 1
Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for February 2022 of FY 2021-2022 (Feeser)
Recommendation:
No action required; information only.
Item 9.D: Update on March 16, 2020 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:
No action required; information only.
Item 9.E: Annual Election of Officers: Pismo Beach Public Financing Authority (Feeser)
Recommendation:
Adopt a Resolution of the Board of Directors of the Pismo Beach Public Financing Authority conducting the annual election of officers.
Legislative Record: Resolution PFA-R-2022-001 adopted.
Item 9.F: Annual Report for Fiscal Year 2022-23 from the Pismo Beach Conference and Visitors Bureau / Lodging Business
Improvement District (LBID) Advisory Board; Declaring the City Council’s Intention to Levy an Annual Assessment for the LBID for FY 2023 (Feeser)
Recommendation:
Adopt a Resolution approving the Annual Report for Fiscal Year 2023 from the Pismo Beach Conference and Visitors Bureau / Lodging Business Improvement District Advisory Board, and declaring the City Council’s intention to levy an annual assessment for the LBID for FY 2023, and directing the City Clerk to schedule a public hearing for April 19, 2022, to consider levying the assessment.
Legislative Record: Resolution R-2022-022 adopted.
Item 9.G: Adoption (Second Reading) of an Ordinance Adopting a “Military Equipment” Use Policy in Accordance with the
Requirements of Assembly Bill 481 (Inderlied)
Recommendation:
Adopt an Ordinance adding Chapter 9.26 Military Equipment Policy to the Pismo Beach Municipal Code.
Legislative Record: Ordinance O-2022-003 adopted.
Attachment 1
Item 9.H: Adoption Findings Relating to AB 361 (Virtual Meetings) (Inderlied)
Recommendation:
Adopt the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:
1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.
2. The following circumstances exist:
• State or local officials continue to impose or
recommend measures to promote social distancing.
10. ITEMS PULLED FROM CONSENT
None.
11. PUBLIC HEARINGS
None.
12. BUSINESS ITEMS
Item 12.A: Police Department Semi-Annual Update (Smith)
Recommendation: Receive Police Department Semi-Annual Update.
Presenting staff:
James R. Lewis, City Manager
Jeff Smith, Chief of Police
Call for public comment: No comment.
Action: No action.
Item 12.B: Tourism Study Results and Funding; Amendment #5 to Advertising Agreement with TJA Advertising and Public Relations (Jackson)
Recommendation:
1. Receive a presentation from staff on the results of tourism research obtained as directed by the City Council;
2. Adopt a Resolution authorizing the City Manager to execute Amendment #5 to the TJA Advertising & Public Relations LBID Advertising Agreement in the amount of $43,355 and appropriating related budget adjustments to pay for the visitors research study in Fiscal Year 2022; Attachment 1
3. Consider the CVB/LBID Advisory Board recommendation to spend an additional $350,000 per year to increase the LBID annual marketing budgets starting in Fiscal Year 2023;
4. Consider the CVB/LBID Advisory Board recommendation to spend $110,900 per year from the CVB General Fund available marketing budget for advertising for stewardship and staycation marketing starting in Fiscal Year 2023.
Presenting staff:
Gordon Jackson, Director of Tourism and Events
James R. Lewis, City Manager
Guest presenters:
Jed Bickel, Conference and Visitors Bureau / LBID Advisory Board Member; James Davison, Conference and Visitors Bureau / LBID Advisory Board Member;
John Sorgenfrei, TJA Advertising and Public Relations
Call for public comment:
The following commented:
Mark Eads, Conference and Visitors Bureau / LBID Advisory Board Member David Morneau, Conference and Visitors Bureau / LBID Advisory Board Member;
Colleen Jimenez, Central Coast Hospitality Association; Tedd.
Action: Adopt a Resolution authorizing the City Manager to execute Amendment #5 to the TJA Advertising & Public Relations LBID Advertising Agreement in the amount of $43,355 and appropriating related budget adjustments to pay for the visitors research study in Fiscal Year 2022.
Motion: Blake
Second: Newton
Vote: The motion passed on the following vote:
Ayes: 5 Blake, Newton, Guthrie, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-023 adopted.
Attachment 1
Action: Direct staff to return with a Resolution appropriating an additional $350,000 per year in the LBID annual marketing budget starting in Fiscal Year 2023.
Motion: Newton
Second: Reiss
Vote: The motion passed on the following vote:
Ayes: 4 Newton, Reiss, Blake, Waage
Noes: 1 Guthrie
Absent: 0
Abstain: 0
Recused: 0
Action: Direct staff to spend an additional $110,900 per year from the CVB General Fund available marketing budget for advertising for stewardship and staycation marketing.
Motion: Blake
Second: Reiss
Vote: The motion passed on the following vote:
Ayes: 3 Blake, Reiss, Waage
Noes: 2 Guthrie, Newton
Absent: 0
Abstain: 0
Recused: 0
13. CITY COUNCIL COMMENTS AND REQUESTS
Majority consensus in support of directing staff to return with an agenda item allowing for a review of the Administrative Coastal Development Permitting process and associated Municipal Code sections.
14. ADJOURNMENT
At 8:44 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.B
SUBJECT/TITLE:
PAYROLL REGISTER AND REGISTER OF DEMANDS
RECOMMENDATION:
1. Approve the Summary of Payroll Register for March 27, 2022.
2. Approve the Register of Demands for March 25, 2022 and April 1, 2022.
BACKGROUND:
Attached are the Summary of Payroll Register(s) and Register(s) of Demands (Check Registers) noted above, provided for Council approval.
FISCAL IMPACT:
As demonstrated in the attached payroll and check registers.
ALTERNATIVES:
1. Request additional information from staff.
ATTACHMENTS:
1. Payroll Summary
2. Register of Demands
Submitted by: Meeting Date: April 19, 2022
Nadia Feeser, Administrative Services Director / City Treasurer Assistant City Manager Approval:
Council Agenda 4-19-2022 9.B-1
FOR PERIOD ENDING 03/27/22
CHECKS DATED 04/01/22
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 556788 ‐ 556790 3
ACH 120
EARNINGS
REGULAR 328,477.62
HOLIDAY 4,475.64
OVERTIME (Includes Comp Time Payouts)11,366.10
Administration 42.81
Building 123.14
Conference & Visitors Bureau ‐
Police Department 7,412.95
Parking ‐
Engineering ‐
Fire ‐
Recreation 618.88
Public Works ‐
Water 1,638.42
Wastewater 1,529.90
Motor Vehicles
Subtotal‐Overtime 11,366.10$
SALARY ADJUSTMENTS ‐
TRAINING / UNIFORM ALLOWANCE 1,423.50
OTHER EARNINGS 18,673.92
$364,416.78
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 35,305.26
FICA & MEDICARE 28,247.97
STATE INCOME TAX 12,238.53
STATE DISABILITY INSURANCE 4,281.30
GARNISHMENTS 0.00
HEALTH 1,657.96
SUPPLEMENTAL DISABILITY 1,684.81
SECTION 125 2,557.72
PERS 30,414.59
DEFERRED COMPENSATION 9,550.17
ADDITIONAL LIFE INSURANCE 296.17
UNION DUES 2,192.91
PISMO ATHLETIC CLUB 217.50
OTHER
NET PAYROLL $235,771.89
DIRECT DEPOSIT DEDUCTION 233,553.65
NET PAYROLL AFTER ACH DEPOSIT 2,218.24
SUMMARY PAYROLL REGISTER
Council Agenda 4-19-2022 9.B-2
Attachment 1
City of Pismo Beach
Final Disbursement List Check Date 03/25/2022
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
ACH 12017 Vantagepoint Transfer Agents 03/25/2022 11,217.00$ Retiree Health Premiums April 2022 ACH 12211 CA. Public Emp Retirement Sys 03/25/2022 106,514.70 Medical Insurance April 2022 ACH 10371 Visit SLO County 03/25/2022 109,992.19 TMD Payments January 2022 ACH 14257 Igoe Administrative Services 03/25/2022 6,608.34 FSA & DDS Reimbursement March 2022 121849 14186 AAAA Engineering Contracting, Inc 03/25/2022 120,498.11 Storm Drain Project ‐ Progress Payment #5 121850 10695 AFLAC 03/25/2022 3,369.36 Supplemental Disability Insurance March 2022 121851 10830 Aramark 03/25/2022 1,182.95 Uniforms ‐ Feb 2022 121852 12623 AT&T 9391012188 03/25/2022 3,171.70 Phone Bill ‐ 02/10/22 ‐ 03/09/22 121853 12805 Fred C. Atwood 03/25/2022 38.75 Senior Dance Band Member 3/14/22 121854 10293 Battery Systems Inc 03/25/2022 872.70 PD Vehicle Maintenance 121855 12841 Robert Brenman 03/25/2022 38.75 Senior Dance Band Member 3/14/22 121856 11392 Brenntag Pacific Inc. 03/25/2022 3,306.31 Sodium Bisulfite 25% 121857 12098 Burke & Pace Lumber of Arroyo Grande 03/25/2022 9.09 Maintenance Supplies 121858 12210 California Chamber Of Commerce 03/25/2022 171.92 2022 CA Labor Law Poster (5) 121859 10626 California Highway Adoption Co 03/25/2022 750.00 Highway 101 On/Off Ramp Trash Mitigation Mar 2022 121860 14305 John Cangelosi 03/25/2022 501.50 Cash for Grass ‐ 228 Elaine Way 121861 11169 Coast Riders Powersport Sales 03/25/2022 513.59 PD Equipment Maintenance 121862 11231 Coastal Peaks Coffee 03/25/2022 180.50 Coffee Supplies 121863 12224 Delta Dental Of California 03/25/2022 7,410.38 Dental Insurance March 2022 121864 14217 Deltina Coffee Roasters 03/25/2022 62.50 Coffee Supplies 121865 12320 Dept Of Forestry and Fire Protection 03/25/2022 609,488.37 2nd Quarter Actual‐10/01/21‐12/31/21 Schedule A Contract Cal Fire 121866 10242 Dooley Enterprises, Inc. 03/25/2022 3,268.92 PD Ammunition 121867 11289 eGenoa, LLC 03/25/2022 328.43 Graphic Wrap on CST Vehicle 121868 12541 Engel & Gray Inc 03/25/2022 7,996.35 Composting Biosolids Feb 2022 121869 13908 EPIC Business Essentials, LLC 03/25/2022 55.66 Office Supplies 121870 10412 Executive Information Services 03/25/2022 5,200.00 CAD Consolidation between Pismo & Grover Beach 121871 12123 Farm Supply 03/25/2022 50.07 Maintenance Supplies 121872 UB*00865ERICA FAY (T) 03/25/2022 146.13 Refund Check 018113‐000, 170 BRANCH #273 121873 UB*00863DONATO C GARCIA 03/25/2022 66.57 Refund Check 018557‐000, 551 WADSWORTH 121874 13603 Grand Awards ‐ Arroyo Grande 03/25/2022 51.72 Name Plates & Desk Signs 121875 14043 Health & Human Resource Center, Inc. 03/25/2022 130.05 Employee Assistance Program March 2022 121876 12653 Dan Herlihy 03/25/2022 320.00 M&IE: FEMA IEMC 4/3‐4/7/22 MD ‐ D. Herlihy 121877 10376 Hinderliter, de Llamas & Associates 03/25/2022 2,109.65 Sales Tax Consulting & Audit Information Qtr 3/2021 121878 14295 Jennifer Hunt 03/25/2022 365.00 M&IE: Records Clerk Trng‐ 3/27/22 ‐ 4/1/22 Santa Ana 121879 11280 Inglis Imports Inc 03/25/2022 136.00 Boarding for PD K9 Rex 3/4/22 ‐ 3/6/22 121880 12600 Intoximeters, Inc. 03/25/2022 399.38 PD Breath Alcohol Testers 121882 14304 JDAMCO, INC 03/25/2022 3.25 Refund: Overpayment on permit B22‐000093 121883 14294 Richard Jones 03/25/2022 1,597.50 Professional Services for Personnel Matter Feb 2022 121884 11219 Anita Kerezsi 03/25/2022 1,000.00 SB90 Consultant & Claim Services FY 21/22 121885 11586 Liebert, Cassidy & Whitmore 03/25/2022 2,926.00 Professional Legal Services Feb 2022 121886 UB*00864BRIAN MCLAUGHLIN 03/25/2022 920.23 Refund Check 018653‐000, 1269 COSTA BRAVA 121887 12960 Med‐Stops Medical Clinic Inc 03/25/2022 200.00 DMV/DOT Physical 121888 UB*00842CYNDI & DUSTIN MITCHELL 03/25/2022 100.00 Refund Check 017395‐000, 76 VALLEYVIEW 121889 10039 New Times 03/25/2022 265.00 Legal Notice Advertising 121890 12199 Noble Saw, Inc 03/25/2022 195.37 Equipment Repairs 121891 UB*00866JEFFREY & CAITIE NORTH & MAGRAW (T) 03/25/2022 131.91 Refund Check 017996‐000, 911 VISALIA 121892 12270 Office Depot 03/25/2022 219.87 Office Supplies 121893 12070 Michelle Pearson 03/25/2022 501.02 M&IE/Mileage: 2022 AFSS Conference 3/28/22 ‐ 4/01/22 121894 10633 Pismo Beach Athletic Club Inc 03/25/2022 435.00 PBAC Dues Collected March 2022 121895 10817 PRP Co Dba PRP Companies 03/25/2022 6,676.73 K9 Sweatshirts & T‐Shirts 121896 13898 Quadient, Inc. 03/25/2022 472.51 Neopost Postage Lease 01/16/22 ‐ 04/15/22 121897 12613 Quinn Company 03/25/2022 620.01 Equipment Maintenance 121898 13796 ReadyRefresh by Nestle 03/25/2022 365.71 Drinking Water 121899 14306 Gary Rossi 03/25/2022 38.75 Senior Dance Band Member 3/14/22 121900 12436 S & S Worldwide 03/25/2022 58.02 Rec Program Supplies 121901 12516 San Luis Obispo Co. Health Agency 03/25/2022 7,569.75 Q3 FY 2021‐22 Animal Shelter Services 121902 10170 Scott‐Merriman, Inc 03/25/2022 1,701.00 Parking Citation Printing (5000) 121903 14292 SO CA Intergovernmental Training Center 03/25/2022 525.00 Registration: Records Clerk Training 3/28‐4/1/22 J. Hunt 121904 10730 South Coast Emergency Vehicle 03/25/2022 2,587.96 FDE63 Repairs 121905 14126 Pamela Stephenson 03/25/2022 300.00 Clam Painting for VIC 121906 12806 Donald G. Stever 03/25/2022 38.75 Senior Dance Band Member 3/14/22 121907 12321 The Gas Company 03/25/2022 1,137.96 Gas Service 02/16/22 ‐ 03/18/22 121908 13442 Thorn Run Partners 03/25/2022 4,000.00 Federal Lobbying Services Mar 2022 121909 12860 Townsend Public Affairs 03/25/2022 3,500.00 State Lobbying Services Mar 2022 121910 12991 TransUnion Risk and Alternative 03/25/2022 150.00 Investigative Services‐ 2/1/22 ‐ 2/28/22 121911 12982 Ultrex Business Products 03/25/2022 1,063.73 City‐Wide Copier Usage Feb 2022 121912 10014 United States Postal Service 03/25/2022 265.00 Clam Chronicle Mailing Permit #2 Annual Fee 2022 121913 12622 USA Bluebook Acct: 82507 03/25/2022 3,220.02 Water/WasteWater Dept Supplies 121914 10905 Venco Power Sweeping Inc 03/25/2022 4,279.13 Street Sweeping Services Feb 2022 121915 13073 VSP‐ Vision Service Plan (CA) 03/25/2022 1,732.93 VSP Vision Coverage April 2022 121916 12527 Water Systems Consulting Inc 03/25/2022 27,351.25 Consulting Services 121917 10059 Western Janitor Supply, Inc 03/25/2022 132.38 Janitorial Supplies Council Agenda 4-19-2022 9.B-3
Attachment 2
City of Pismo Beach
Final Disbursement List Check Date 03/25/2022
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
121918 12614 Winema Industrial & Safety Supply 03/25/2022 400.00 Fall Protection Inspections on Reservoirs 121919 10191 Nadia Feeser 03/25/2022 407.00 M&IE: Dept Head Retreat 3/30/22 ‐ 4/01/22 121920 11828 Gordon Jackson 03/25/2022 62.00 M&IE: Dept Head Retreat 3/30/22 ‐ 4/01/22 121921 13097 The Standard 03/25/2022 1,484.37 Life & Additional Life Insurance April 2022 Total 1,085,157.75
Council Agenda 4-19-2022 9.B-4
Attachment 2
City of Pismo Beach
Final Disbursement List Check Date 04/01/2022
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
ACH 10002 Internal Revenue Service 4/1/2022 91,801.20$ Federal Income Tax PD 04/01/22 ACH 11305 Public Employees Retirement System 4/1/2022 64,249.76 PERS Retirement EE & ER PD 04/01/22 ACH 12260 dba: Mission Square ICMA Retirement Trust ‐ 457 4/1/2022 19,536.34 ICMA 457 Deferred Comp PD 04/01/22 ACH 12305 Franchise Tax Board 4/1/2022 16,519.83 SDI & State Income Tax PD 04/01/22 ACH 12360 CalPERS 457 Plan 4/1/2022 187.50 457 Deferred Comp PD 04/01/22 ACH 12708 dba: Mission Square ICMA Retirement Trust‐Roth IRA 4/1/2022 370.00 ICMA Roth IRA PD 04/01/22 121923 10434 Abalone Coast Analytical Inc 4/1/2022 364.00 Water Analysis 121924 10446 Achievement House, Inc.4/1/2022 11,729.55 Sidewalk and Beach Cleaning Feb 2022 121925 13158 Advantage Technical Services, Inc 4/1/2022 28,194.75 CM and Inspection ‐ SB Reservoir I Feb 2022 121926 11882 Alexander's Contract Services Inc 4/1/2022 3,037.72 Water Meter Reading Services March 2022 121927 12433 Alpha Electrical Service Inc 4/1/2022 3,327.00 WWTP & Lift Station Electrical Services 121928 13460 AT&T Mobility 287284035974 4/1/2022 1,024.68 Phone Services 02/01/22 ‐ 02/28/22 121929 11326 Bartel Associates, LLC 4/1/2022 3,378.00 Actuarial Consulting Services ‐ 2021 OPEB Valuation Completion 121930 13256 Behavior Analysis Training Inc 4/1/2022 100.00 Use of Force Report Writing Class 5/18/22 ‐ A. Hernandez 121931 13569 Jedidiah J. Bickel 4/1/2022 75.00 CVB/LBID 1st Qtr 2022 Stipend 121932 UB*00870 TIMOTHY & VIRGINIA BOWMAN 4/1/2022 180.00 Refund Check 017368‐000, 1314 COSTA DEL SOL 121933 UB*00868 WILLIAM JR CAPELING 4/1/2022 190.06 Refund Check 010235‐000, 130 BRANCH #332 121934 10269 Carquest Auto Parts 4/1/2022 570.02 Vehicle Maintenance 121935 13951 Central Coast Portables 4/1/2022 441.57 Tennis Court Portable Toilets ‐ 02/06/22 ‐ 03/05/22 121936 11451 Channel Islands Technology Integrators' Group 4/1/2022 3,207.14 Monthly Office 365 Licenses Jan 2022 121937 13893 Charles P. Crowley Company, Inc 4/1/2022 1,515.38 Lift Station Maintenance 121938 11231 Coastal Peaks Coffee 4/1/2022 54.00 Coffee Supplies 121939 11227 Cole Chrysler Dodge 4/1/2022 384.53 Vehicle Maintenance 121940 14202 Crisp Enterprises, Inc.4/1/2022 19.52 Printing Services ‐ Rec 121941 12307 Department Of Justice 4/1/2022 382.00 Fingerprint and Livescan Services Feb 2022 121942 14307 Drake Excavating & Aggregates, Inc 4/1/2022 50.00 Refund for Overpayment on Business License # 21036 121943 UB*00867 JULIA BYLLESBY & DWAYNE WILKS (T)4/1/2022 46.68 Refund Check 017227‐000, 143 WAVE 121944 11868 FGL Environmental 4/1/2022 100.00 Organic Analysis 3/10/22 121945 14206 Filippin Engineering, Inc.4/1/2022 20,277.50 Price Canyon Slope Repair ‐ Construction Mgmt Jan 2022 121946 13575 Jorge Garcia 4/1/2022 295.67 M&IE/Mileage: Dept Head Retreat 3/29/22 ‐ 4/01/22 121947 13603 Grand Awards ‐ Arroyo Grande 4/1/2022 280.15 Recognition Plaques for Outgoing AB Members 121948 10751 Haaker Equipment Company 4/1/2022 777.96 Pier Plaza Scrubber Brush Set 121949 11412 Harvey's Honey Huts 4/1/2022 150.00 Portable Toilets ‐ Chapman Estate Mar 2022 121950 11706 Shirley Horacek 4/1/2022 924.48 Instructor Pay: Watercolor Challenges 3/9/22 ‐ 4/13/22 #10840 121951 14246 Hunter Smith Architecture 4/1/2022 5,737.50 Chapman House Construction Admin Feb 2022 121952 12255 Iron Mountain Information Mgmt, Inc 4/1/2022 152.63 Shredding Services 02/23/22 ‐ 03/22/22 121953 10760 Johnboy's Towing 4/1/2022 250.00 Towing Services 121954 10560 JTS Inc 4/1/2022 3,325.00 Emergency Tree Trimming ‐ Addie & Highway 1 121955 11833 Keylock Security Specialists 4/1/2022 1,274.39 Dinosaur Caves Re ‐Key 121956 12019 James Lewis 4/1/2022 119.00 M&IE: Dept Head Retreat 3/29/22 ‐ 4/01/22 121957 12279 McMaster Carr 4/1/2022 2,713.50 WWTP Maintenance Supplies 121958 13645 MDN Engineering, LLP 4/1/2022 3,700.00 Dino Caves/Price Park Restrooms CM ‐ Final 121959 UB*00869 NANCY MICKEL 4/1/2022 8.14 Refund Check 018411‐000, 186 PLACENTIA 121960 10097 Miners Hardware 4/1/2022 338.01 Maintenance Supplies 121961 13964 MNS Engineers, Inc.4/1/2022 20,458.02 Bello Bridge Replacement CM Feb 2022 121962 11172 Mullahey Ford 4/1/2022 1,845.50 Vehicle Maintenance & Repairs 121963 12912 Multi Business Systems 4/1/2022 353.00 AP Window Envelopes 121964 10039 New Times 4/1/2022 212.00 Legal Notice Advertising 121965 10753 Nick's Telecom 4/1/2022 125.09 MVR Shop Supplies 121966 11194 Oasis Associates Inc 4/1/2022 209.00 Price Historical Park Landscape Design & Consulting 121967 12270 Office Depot 4/1/2022 792.69 Office Supplies 121968 10728 Oilfield Environmental & Compliance, Inc.4/1/2022 3,145.30 Lab Analysis Feb 2022 121969 13279 Pacific Central Coast Health Centers 4/1/2022 2,414.14 Pre Employment Physicals 121970 11202 Pavement Engineering, Inc.4/1/2022 50,195.00 2021‐22 Paving Project Design Feb 2022 121971 12022 Pismo Beach Police Officer's Association 4/1/2022 1,506.15 POA Dues PD 04/01/22 121972 10817 PRP Co Dba PRP Companies 4/1/2022 283.23 PD 2021 Annual Report 121973 13201 Rincon Consultants, Inc.4/1/2022 318.75 Central Coast Blue EIR ‐ Feb 2022 121974 13417 Mark Roemer 4/1/2022 75.00 CVB/LBID 1st Qtr 2022 Stipend 121975 11208 SEIU Local 620 AFL/CIO 4/1/2022 686.76 SEIU Dues PD 04/01/22 121976 13913 Silvas Oil Co., Inc 4/1/2022 8,917.78 Diesel & Unleaded Fuel Deliveries 03/24/2022 121977 10093 SLO County Auditor‐Controller 4/1/2022 13,162.50 Phoenix Parking Surcharges Jan 2022 121978 10096 SLO County Auditor‐Controller Treasurer 4/1/2022 745.38 21/22 Property Tax payment ‐ 940 Bello Ave 121979 10790 SLO County Health Agency 4/1/2022 1,956.00 Exam for Case 220986 121980 10533 SLO County Sheriff Department 4/1/2022 463.66 CAD to CAD FY 2021‐22 121981 14099 Jeffrey Smith 4/1/2022 62.00 M&IE: Dept. Head Retreat 3/30‐4/1/22 J. Smith 121982 11539 Eva Snopek Keehn 4/1/2022 436.10 Instructor Pay: Dog Obedience 2/23/22 ‐ 4/6/22 #10869 121983 14311 State Water Resources Control Board 4/1/2022 6,015.07 State Water Grant Refund ‐ Unused Portion 121984 11549 Tech Time Communications 4/1/2022 168.00 Quarterly Alarm Monitoring ‐ Station 63 Apr‐Jun 2022 121985 12321 The Gas Company 4/1/2022 1,062.60 Gas Service 02/22/22‐ 03/23/22 121986 12461 TJA Advertising 4/1/2022 71,263.19 CVB/LBID Advertising and Promotion Feb 2022 121987 10945 Tom Meinhold Photography 4/1/2022 268.13 Photography fee for Father Daughter Dance 121988 12924 Traffic Management Inc 4/1/2022 224.97 Street Signs Council Agenda 4-19-2022 9.B-5
Attachment 2
City of Pismo Beach
Final Disbursement List Check Date 04/01/2022
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
121989 12900 Underground Service Alert of Northern CA & NV 4/1/2022 452.06 CA State Fee for Regulatory Costs 1/1/22 ‐ 6/30/22 121990 13392 Urban Planning Concepts 4/1/2022 9,157.50 In‐House Planning Services Feb 2022 121991 12622 USA Bluebook Acct: 82507 4/1/2022 961.53 WWTP/Water Lab Supplies 121992 12527 Water Systems Consulting Inc 4/1/2022 801.80 NCMA Staff Extension ‐ Feb 2022 121993 14020 Daniel Barrett Wrage 4/1/2022 1,200.00 Instructor Pay: Beach Volleyball Camp 3/7/22 ‐ 3/10/22 #10827 121994 13621 Yeh and Associates, Inc.4/1/2022 2,815.25 Price Canyon Rd ‐ ESDC Jan 2022 121995 10107 Zee Medical Service Co 4/1/2022 98.63 Medical Supplies for First Aid Kit 121996 14257 Igoe Administrative Services 4/1/2022 1,594.33 Igoe FSA & DDS Reimbursement March 2022 (ACH) 121997 10014 USPS 4/1/2022 936.76 Clam Chronical Spring 2022 Postage Total 496,743.03
Council Agenda 4-19-2022 9.B-6
Attachment 2
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.C
SUBJECT/TITLE:
DEPARTMENT ACTIVITY REPORTS FOR MARCH 2022
RECOMMENDATION:
Receive reports as information only.
BACKGROUND:
The attached monthly department activity reports are for Council’s information.
FISCAL IMPACT:
Not applicable.
ALTERNATIVES:
1.Request additional information from staff.
ATTACHMENTS:
1.Administrative Services Department (Feeser)
2.City Manager's Office (Lewis)
3.Community Development Department (Downing)
4.Fire Department (Lee)
5.Management Services Department (Garcia)
6.Police Department (Smith)
7.Public Works and Engineering (Fine)
8.Tourism and Events Department (Jackson)
Meeting Date: April 19, 2022 Prepared by: Respective departments.
Assistant City Manager Approval:
9.C-1Council Agenda 4-19-2022
City of Pismo Beach - Administrative Services Department Monthly Report – March 2022
KEY REVENUES
Transient Occupancy Tax (TOT)
As of January 1, 2021, TOT revenues are 11% of gross lodging revenues. These revenues reflect approximately 54% of the City’s General Fund budgeted revenues. Preliminary data for February rentals indicate that February 2022 TOT revenues are $1,032,570 which is above the year ago February 2021 TOT revenues of $894,992 by $137,578, or 15.37%. Year-to-date TOT revenues for FY 2022 are $11,065,453, which is above the FY 2021 total of $8,261,256 by $2,804,197, or
33.94%. The increase in TOT revenues reflects a full year of the additional 1.0% TOT revenue in FY 2022 (Measure B-20 that was approved on November 3, 2020, increasing TOT from 10% to 11% of gross lodging revenues and effective January 2021), compared to only half a year of the additional 1% TOT in FY 2021. This increase is also due to an increase of tourism activity because of lessened COVID-19 restrictions and travel advisories and an increase of average nightly room rates. This is a preliminary amount as not all properties have reported. The following chart illustrates TOT revenues received in FY 2021 and FY 2022 by month.
Sales Tax Revenues
Sales tax revenues represent 1% of taxable sales received by the City. Fiscal year to date sales tax revenues through March 2022 amount to $2,349,971, which is above the year-ago total of $1,933,043 by $416,929 or 21.81% for the same period. Sales tax revenues are typically received 3 months after the month for which it was collected. For example, March revenues received are Attachment 1
9.C-2Council Agenda 4-19-2022
collected from December sales. The following chart illustrates sales tax revenues received in FY 2021 and FY 2022 by the month in which the sales tax was collected.
ECONOMIC INDICATOR
Consumer Price Index (CPI): For the Los Angeles/Riverside/Orange County area, the percent change in the CPI for the twelve months ending in February 2022 was 7.40%.
OPERATIONS
Finance
Revenues
• California Water and Wastewater Arrearage Payment Program: Utility Billing staff applied for and were successful in receiving State funding to remove the cost of delinquent water bills during the initial part of the COVID-19 global pandemic. Staff applied the State funding to these accounts and sent a letter to all the beneficiaries. Staff have also applied for wastewater relief funding.
Expenses
• CalPERS $1M Prepayment: Staff wired $1 million to CalPERS towards the City’s Miscellaneous and Police Safety Tier 1 Plans. This payment will help reduce the City’s unfunded pension liability and the City’s interest costs. • OPEB Payment: Staff submitted the City’s annual contribution towards Other Post- Employment Benefits (OPEB) this week. This payment helps fund these retiree health benefits for the future.
Attachment 1
9.C-3Council Agenda 4-19-2022
Financial Reporting
• Auditing Services: Responses were provided to inquiries by CPA firms regarding the RFP for Auditing Services, which closes on April 15, 2022. The City is seeking bids for a 3-year contract with options to renew for an additional 2 years.
• City Leases: The Annual Possessory Interest Lease Statements were filed with the County of San Luis Obispo.
Staff
• Training:
o CalPERS Affiliate Fund Asset Liability Management, a webinar regarding the asset mix of the City’s prefunded retiree benefit program, was attended by finance staff. o Correctly Calculating Net Investment in Capital Assets, a GFOA webinar, was attended by finance staff.
o Management Training Academy, led by the City Manager and City, was attended by management staff.
o Fraud Essentials, a CalCPA webinar, was attended by the Finance Manager.
Technology
Safety & Security
• Network/Internet Security: Security warnings were issued for cyber-attacks from Russian based IP addresses. IT has blocked internet traffic between City systems and the Russian based IP addresses.
• Cyber Liability: IT completed the new Cyber Liability Application form for the CJPIA to ensure the City maintains its cyber liability insurance. Staff will be making additional changes to ensure the City’s systems are secure.
Infrastructure
• City Hall: IT installed new access points for City Hall to improve wireless coverage. • City Hall: IT installed a new copier for the downstairs City Hall copy room and a new printer for TED/CVB office.
Projects
• Strategic Planning: IT completed its review of the initial draft of the IT strategic plan. • City Hall Remodel: IT assisted with moving Finance and TED/CVB into the new offices at City Hall. IT also helped move CDD staff back into their work areas.
Staff
• Training: The IT Manager attended a cybersecurity training seminar.
Attachment 1
9.C-4Council Agenda 4-19-2022
Accounts Payable March February January
Invoices Entered / Checks Issued:854/330 390/238 586/300 New purchase orders issued:12 13 11
New contract purchase orders issued:5 3 6
Change Orders / Amended PO's issued:12 6 10
Total dollar amount of all PO's issued:7,464,506$ 326,019$ 6,723,274$ Total Invoices paid:3,877,630$ 3,665,529$ 3,200,327$ Total No. of Voids processed: 7 1 2
Total Dollar amount of Voids:4,189$ 131$ 964$ Business License Certificates
Renewed Licenses issued / New Licenses 3/52 8/20 17/13
Payroll
New employees entered / Terminations:1 / 1 1 / 0 4 / 0 Auto. Payroll Deposits / Checks Issued:120 / 3 116 / 3 116 / 5 Total gross salary:364,417$ 359,320$ 434,585$ Total net salary:235,772$ 232,573$ 305,296$ Employee file maint. / Retro-pay calcs:11 / 1 16 / 1 24 / 1 Utility Billing
Downtown: Routine Utility Bills:0 2,807 0
Delinquent Utility Bills:234 0 206
Shell Beach: Routine Utility Bills:2,135 0 2,133
Delinquent Utility Bills: 0 147 0
Cash receipts:916,234$ 761,429$ 1,075,092$ Customer accts paid/ACH Direct/Online Bills:2833/349/638 2264/269/565 3100/354/635 48 Hour Notices / Water Lock-Outs:0/0 0/0 0/0
Meter Sets / Meter Change Outs / Demos:0/4/0 0/3/0 2/8/0 Change Orders / Closing Bills:69/54 12/10 98/26
Billing Adjustments / Deposits:156/49 53/34 34/55
Delinquent Closed Invoices / Write-Offs:0/0 0/0 0/0
Administrative Services Department
Statistical Activity Report - March 2022
Attachment 1
9.C-5Council Agenda 4-19-2022
CITY MANAGER’S OFFICE ACTIVITY REPORT MARCH 2022
Met with Council Members to discuss various topics of interest.
Met with Department Heads to discuss various topics of interest.
Participated in Business and Lodging Partners Call.
Met with Friends of Price House Board Members at Price House.
Participated in Central Coast Blue Technical Advisory Committee Meeting.
Attended REACH Practitioner Meeting.
Attended the South County Chamber of Commerce Pismo Beach Business Meeting.
Attended and presented at the Police Management Team Building/Strategic Planning meeting.
Participated in CCC Energy Operations Board of Directors Meeting.
Attended Cal Poly Local Economic Development Committee Meeting.
Met with South County Chamber Leadership.
Attended the SLO County City Managers Monthly Meeting.
Attended the South County Chamber of Commerce Monthly Breakfast.
Participated in Coastal Cities Group Leadership Committee Meeting.
Attended RTA Ribbon Cutting at their new facility.
Attended SLO County Mayors Meeting.
Participated in the Pismo Beach Chamber of Commerce Annual Dinner.
Participated in Fire Operations Training 101.
Attended South County Chambers Governmental Affairs Meeting.
Spoke at a National ICMA Webinar on Customer Service.
Facilitated and attended Annual Executive Team Training/Team Building.
Attachment 2
9.C-6Council Agenda 4-19-2022
MARCH 2022 CDD Monthly Report 1
PISMO BEACH COMMUNITY DEVELOPMENT DEPARTMENT
MONTHLY REPORT FOR MARCH 2022
BUILDING DIVISION٠CODE COMPLIANCE٠PLANNING DIVISION
BUILDING DIVISION
ISSUED PERMITS SUMMARY
Date Permit
Number
Address Description Valuation Total Fees
03/02/2022 R22-000006 140 Addie Street Revision 0 89.89 03/02/2022 R22-000012 159 Baker Lane Revision 0 89.89
03/02/2022 B22-000009 602 Vista Pacifica
Circle
Solar PV -
Residential
10000 415.37
03/02/2022 B22-000051 134 Clydell Court Solar PV -
Residential
16200 612.43
03/02/2022 B22-000080 206 Margo Way Solar PV -
Residential
5320 415.37
03/02/2022 B21-000472 590 Dolliver Street Commercial
Alteration
30000 2334.81
03/03/2022 B22-000084 333 Five Cities
Drive
Plumbing,
Mechanical &
Electrical
0 268.1
03/03/2022 B22-000086 351 Main Street Plumbing,
Mechanical &
Electrical
0 303.1
03/03/2022 B22-000087 920 Stratford
Street
Plumbing,
Mechanical &
Electrical
0 0
03/03/2022 B21-000460 206 Beachcomber
Drive
Residential
Alteration
62475 5031.65
03/04/2022 B22-000077 147 Irish Way Plumbing,
Mechanical &
Electrical
0 329.91
03/04/2022 B22-000090 752 Shamrock
Lane
Plumbing,
Mechanical &
Electrical
0 78.05
Attachment 3
9.C-7Council Agenda 4-19-2022
MARCH 2022 CDD Monthly Report 2
Date Permit
Number
Address Description Valuation Total Fees
03/04/2022 B22-000091 440 Dell Court Plumbing,
Mechanical &
Electrical
0 188.73
03/09/2022 B22-000052 302 Capistrano
Avenue
Plumbing,
Mechanical &
Electrical
0 222.63
03/09/2022 B22-000082 310 Cuyama
Avenue
Solar PV -
Residential
9975 415.37
03/09/2022 R22-000002 241 Leeward
Avenue
Revision 0 89.89
03/10/2022 R22-000013 620 Cypress Street
#B
Revision 0 89.89
03/10/2022 B22-000076 521 Bay Street Plumbing,
Mechanical &
Electrical
0 202.73
03/10/2022 B22-000063 501 Shell Beach
Road
Commercial
Alteration
6000 647.19
03/10/2022 B22-000094 701 Bay Street Re-roof Residential 10500 80.42 03/10/2022 B22-000098 25 La Gaviota Re-roof Residential 16000 81.13 03/11/2022 B20-000159 118 Clydell Court Retaining Wall 15000 1097.4 03/15/2022 R22-000011 148 Searidge Court Revision 0 89.89 03/17/2022 B22-000102 111 Vista Del Mar Plumbing,
Mechanical &
Electrical
0 202.73
03/17/2022 R22-000015 2651 Price Street Revision 0 89.89 03/18/2022 B22-000095 99 Capanna Solar PV -
Residential
7000 429.37
Attachment 3
9.C-8Council Agenda 4-19-2022
MARCH 2022 CDD Monthly Report 3
Date Permit
Number
Address Description Valuation Total Fees
03/18/2022 R22-000004 340 Pomeroy
Street
Revision 0 89.89
03/18/2022 B22-000106 1269 Costa Brava Single Family
Residence
526017.44 0
03/18/2022 B22-000071 250 Castaic
Avenue
Residential
Alteration
60000 3014.43
03/18/2022 B22-000060 901 Oak Park
Boulevard #102
Commercial
Alteration
70000 4124.54
03/21/2022 B21-000502 629 Hanford Street Solar PV -
Residential
12779.96 415.37
03/21/2022 B22-000107 855 4th Street Plumbing,
Mechanical &
Electrical
0 116.53
03/21/2022 R22-000010 555 Five Cities
Drive
Revision 0 89.89
03/21/2022 B21-000113 629 Hanford Street Single Family
Residence
593797.44 67954.67
03/21/2022 B21-000475 125 Terrace Lane Residential
Alteration
225000 7530.19
03/22/2022 B22-000089 233 Christine Way Solar PV -
Residential
16000 429.37
03/22/2022 R22-000016 109 Erna Way Revision 0 89.89
03/22/2022 R22-000018 109 Karen Way Revision 0 89.89
03/22/2022 B22-000057 188 Stimson Street Residential
Alteration
2000 302.07
03/22/2022 B22-000059 204 Windward
Avenue
Residential
Alteration
7000 831.28
Attachment 3
9.C-9Council Agenda 4-19-2022
MARCH 2022 CDD Monthly Report 4
Date Permit
Number
Address Description Valuation Total Fees
03/23/2022 B22-000097 653 Shamrock
Lane
Solar PV -
Residential
11000 415.37
03/23/2022 B21-000459 101 Narlene Way Residential Addition 75000 7318.57 03/28/2022 B22-000020 310 Wilmar
Avenue
Residential
Alteration
5000 472.39
03/29/2022 B22-000118 128 Beachcomber
Drive
Re-roof Residential 34700 84.56
03/30/2022 B21-000246 260 Encanto
Avenue
Residential
Alteration
250000 10763.01
03/30/2022 B22-000100 216 Palisade
Avenue
Residential
Alteration
14980 979.62
03/31/2022 B21-000471 333 Five Cities
Drive
Commercial
Alteration
15000 1113.25
03/31/2022 B22-000134 973 Skyline Drive Re-roof Residential 6000 79.83 03/31/2022 B22-000128 370 Foothill Residential
Alteration
1100 193.8
03/31/2022 B22-000101 1426 Ocean
Boulevard
Plumbing,
Mechanical &
Electrical
0 354.41
03/31/2022 B22-000132 1191 Longview
Avenue
Re-roof Residential 17400 81.31
Total 51 2124144.84 120201.92
NEW APPLICATIONS SUMMARY
Date Permit Number Address Description Valuation
03/02/2022 R22-000015 2651 Price Street Revision 0
Attachment 3
9.C-10Council Agenda 4-19-2022
MARCH 2022 CDD Monthly Report 5
Date Permit Number Address Description Valuation
03/03/2022 B22-000084 333 Five Cities Drive Plumbing, Mechanical & Electrical
0 03/03/2022 B22-000086 351 Main Street Plumbing, Mechanical & Electrical
0 03/03/2022 B22-000087 920 Stratford Street Plumbing, Mechanical & Electrical
0 03/03/2022 B22-000089 233 Christine Way Solar PV - Residential 16000 03/03/2022 B22-000088 132 Peyton Place Single Family Residence 390309.92 03/04/2022 B22-000077 147 Irish Way Plumbing, Mechanical & Electrical
0 03/04/2022 B22-000090 752 Shamrock Lane Plumbing, Mechanical & Electrical
0 03/04/2022 B22-000091 440 Dell Court Plumbing, Mechanical & Electrical
0 03/07/2022 B22-000092 108 Holly Way Residential Alteration 5400 03/08/2022 B22-000094 701 Bay Street Re-roof Residential 10500 03/09/2022 B22-000096 677 Shamrock Lane Residential Alteration 40000 03/10/2022 R22-000016 109 Erna Way Residential 0
03/10/2022 B22-000095 99 Capanna Court Solar PV - Residential 7000 03/10/2022 B22-000076 521 Bay Street Plumbing, Mechanical & Electrical
0 03/10/2022 B22-000098 25 La Gaviota Re-roof Residential 16000 03/14/2022 B22-000101 1426 Ocean
Boulevard
Plumbing, Mechanical &
Electrical
0 03/14/2022 B22-000093 184 Wave Avenue Residential Alteration 11810.51 03/14/2022 B22-000100 216 Palisade Avenue Residential Alteration 14980 03/16/2022 B22-000102 111 Vista Del Mar Plumbing, Mechanical & Electrical
0 03/17/2022 R22-000017 327 Morro Avenue Revision 0
Attachment 3
9.C-11Council Agenda 4-19-2022
MARCH 2022 CDD Monthly Report 6
Date Permit Number Address Description Valuation
03/17/2022 B22-000097 653 Shamrock Lane Solar PV - Residential 11000 03/17/2022 B22-000104 2131 Price Street Commercial Alteration 20000 03/18/2022 B22-000107 855 4th Street Plumbing, Mechanical & Electrical
0 03/18/2022 B22-000106 1269 Costa Brava Single Family Residence 526017.44 03/21/2022 R22-000018 109 Karen Way Residential 0
03/21/2022 B22-000108 698 Vista Pacifica
Circle
Solar PV - Residential 5320
03/21/2022 B22-000105 123 La Colima Residential Alteration 8000 03/23/2022 B22-000046 841 Merced Street Solar PV - Residential 10950 03/23/2022 B22-000113 1270 Costa Brava Single Family Residence 765032.36 03/23/2022 B22-000112 791 Dolliver Street Residential Alteration 48000 03/28/2022 B22-000117 123 Park Place Plumbing, Mechanical & Electrical
0 03/28/2022 B22-000118 128 Beachcomber
Drive
Re-roof Residential 34700
03/29/2022 B22-000124 745 Panorama Drive Solar PV - Residential 5320 03/29/2022 B22-000128 370 Foothill Road Residential Alteration 1100 03/29/2022 B22-000127 701 Price Street Commercial Alteration 250000 03/30/2022 B22-000125 2757 Shell Beach
Road
Fire Alarm 9852
03/30/2022 R22-000019 501 Shell Beach Road Revision 0
03/30/2022 B22-000130 120 Narlene Way Residential Alteration 5000 03/31/2022 R22-000021 1353 Shell Beach
Road
Revision 0
03/31/2022 B22-000129 211 Surf Street Solar PV - Residential 27399 Attachment 3
9.C-12Council Agenda 4-19-2022
MARCH 2022 CDD Monthly Report 7
Date Permit Number Address Description Valuation
03/31/2022 B22-000132 1191 Longview
Avenue
Re-roof Residential 17400
03/31/2022 B22-000134 973 Skyline Drive Re-roof Residential 6000 Total 43 2257091.23
SPECIAL PROGRAMS AND PROJECTS:
• Development Review Team Meeting was held, and the pending review report was reviewed to ensure timely return on plan reviews among all divisions in the development process. • 325,000-watt photovoltaic system on California Fresh roof is nearing completion with final inspection anticipated soon.
• Building and Fire staff toured a micro distillery in Paso Robles in preparation for a proposed project in Pismo.
• Construction has begun at 555 Five cities on a 325,000-Watt solar electric system • Staff met with contractors in preparation for final inspection and upcoming re-opening of Harry’s Bar. • Pre-construction for a factory built ADU at 7 Paseo Ladera was held, and city expectations discussed.
This will be the first Factory Built ADU installed in Pismo Beach.
INSPECTIONS PERFORMED: 204
PLAN REVIEWS:
• Building: 69
• Planning: 5
CODE COMPLIANCE
CASE SUMMARY:
Metric Count
New cases 10
Closed cases 6
Site Visits / STR Inspection 9
Notices of Violation 9
Administrative Citations 2
PLANNING DIVISION
PUBLIC INQUIRIES:
• Emails: 1,316
Attachment 3
9.C-13Council Agenda 4-19-2022
MARCH 2022 CDD Monthly Report 8
• Calls: 274
CITY COUNCIL AND ADVISORY BOARD MEETINGS:
• City Council: Staff prepared for the return to in person Council meetings and attended the March 1, 2022, and March 15, 2022 regular meetings.
• Planning Commission: The March 8, 2022, regular meeting was cancelled. Staff attended the March 22, 2022, regular meeting. Staff is preparing reports for the April 12, 2022, regular meeting. • Joint City Council/Planning Commission: Staff presented the draft Zoning Code and GP/LCP to the Planning Commission and City Council on March 29, 2022.
NEW APPLICATIONS:
Project Number Date Received Address Description
H22-000008 03/02/2022 133 Searidge Court Home Office
H22-000009 03/21/2022 225 Wawona Home Office
P22-000006 03/22/2022 261 Reef Court SFR Addition
P22-000015 03/24/2022 540 Wadsworth Avenue Coastal Addition P22-000016 03/09/2022 138 Peyton Court New SFR
P22-000017 03/21/2022 2757 Shell Beach Road Zoning Verification P22-000018 03/24/2022 2731 Barcelona New SFR
P22-000019 03/24/2022 2732 Barcelona New SFR
P22-000020 03/24/2022 2733 Barcelona New SFR
P22-000021 03/24/2022 2734 Barcelona New SFR
P22-000022 03/24/2022 2736 Barcelona New SFR
P22-000023 03/24/2022 2737 Barcelona New SFR
P22-000024 03/24/2022 2738 Barcelona New SFR
P22-000025 03/29/2022 142 Leeward Coastal Addition
P22-000026 03/29/2022 571 Five Cities Sign
P22-000027 03/29/2022 368 Santa Fe Coastal Addition
P22-000028 03/30/2022 87 Valley View Drive Accessory Structure P22-000031 03/16/2022 558 San Luis Coastal SFR
PROJECT ADMINISTRATION:
• Administrative Reviews: 42
• Discretionary Reviews: 30
• Plan Checks: 61
Attachment 3
9.C-14Council Agenda 4-19-2022
MARCH 2022 CDD Monthly Report 9
• Site Inspections: 34
SPECIAL PROJECTS UPDATE/OTHER:
• General Plan/Local Coastal Plan (GP/LCP): The consultants, in coordination with staff finalized the draft Zoning Code and GP/LCP in preparation of the release of the Public Hearing Draft Zoning Code/Implementation Plan. The Draft Environmental Impact Report completed public review on March 18, 2022. Staff presented the draft Zoning Code and GP/LCP to the Planning Commission and City Council at the March 29, 2022 joint meeting.
• Public Safety Facility: Staff attended the bi-weekly recurring project meeting. Staff met to discuss Council action following the Mach 29, 2022 Public Safety Facility presentation. • Development Review Team Meeting: Staff attended the weekly recurring Development Review Team meeting.
• General Plan Annual Report: The General Plan and Housing Element Progress reports were approved at Council on March 15, 2022. The reports were submitted to the Office of Planning and Research and California Department of Housing and Community Development. • KCBX Interview: Staff was interviewed by KCBX regarding sea level rise and effects on the City. • Management Training Academy: Staff attended the first in a series of Management Training Academy put on by the City Manager and Management Services Department. • Massage Ordinance: Staff met with Police and Admin Services staff to discuss approaches to address noncompliant massage businesses, consistent with Council direction. • Police Department Swearing In: Staff attended the swearing in of the City’s newest Police Officer. • Regional Housing Action Team Meeting: Staff attended the monthly Housing Action Meeting to discuss issues and opportunities related to SB 9, ADUs, and JADUs. • SBIG: Staff attended the Shell Beach Improvement Group meeting to give a presentation on the GP/LCP update.
• South County Chamber: Staff attended the SCCC mixer at the SeaCrest.
Attachment 3
9.C-15Council Agenda 4-19-2022
MARCH 2022 CDD Monthly Report 10
•US 101 Congestion Relief Project: Staff met with Caltrans representatives regarding the ongoing design work being completed as part of the Congestion Relief Project.
Attachment 3
9.C-16Council Agenda 4-19-2022
Eddy Moore, Unit Chief
Prepared by: Michelle Pearson, Administrative Assistant Submitted by: Paul Lee, Battalion Chief
Fire Prevention
• 31-Plan reviews (Building/Planning)
• 6-Site visits
• 5-Fire Final
• 1-Fire Line Inspection
• 1-Fire Sprinkler Inspection
• 3-Emergency responses
• Weed Abatement
• Planning/Building meeting
• Special Event Meeting
Training/Public Education
• Week of March 1- the Regional Haz Mat Team completed a weeks’ worth of training together. The focus of the training was on new equipment and training with outside agencies. CHP Commercial, Long Beach FBI Haz Mat Team, the 9th Civil Support Team and the Sheriff’s Narcotics Team were some of the teams that participated in the drill. The 40-hour class also included night operations training on compressed gas flaring.
• Sidewalk CPR- Fire personnel will provide a Sidewalk CPR booth at Farmer’s Market starting next month. This booth will demonstrate and provide hands on participation for the public to learn Push Only CPR. Push Only CPR has proven to help maintain oxygen flow to the brain until EMT’s and Paramedics arrive increasing the chance of a meaningful recovery from cardiac arrest, stroke or an overdose to name a few.
Administration/Vegetation Management
• The purchase of our new fire engine has been approved and the purchase order has been issued. The fire engine replaces our 2003 KME engine that is 19 years old and is past the normal replacement schedule and expected life span of 18 years. The age of this engine increases the potential of start failures and breakdowns on incidents. Failing to arrive at an incident in a timely manner can March 2022 Activity Report
Attachment 4
9.C-17Council Agenda 4-19-2022
impact the City’s Insurance Services Office (ISO) score. Front-line engines with more than 15 years of service have historically proven to require more maintenance and incur costly repairs. We look forward to getting this engine as soon as possible and outfitting it with all of the equipment needed to place the engine into service. The process of ordering and building the fire engine and placing the new engine into service could take anywhere from 18-24 months.
• CAL POLY presented their Community Wildfire Protection Plan (CWPP) for North Shell Beach and Ontario Ridge. The presentation was outstanding and provided great in site into our community. The reports and Power Point Presentations are available from FD. A CWPP has also been funded by SLO County Fire Safe Council (FSC). A CWPP identifies and prioritizes areas for hazardous fuel reduction treatments and recommends the types and methods of treatment. The area identified in this Plan is from Price Canyon to Gragg Canyon. Fire personnel will work with the FSC on executing the plan.
Lifeguards/Junior Lifeguard Program
• Fire staff has been working all winter on restructuring our Junior Lifeguard Program. The program will now be two separate 3-week sessions and the registration and payment process will be online. Michelle Pearson is working with the City IT Department to make this process as streamline as possible. Parents have already begun reaching out to Fire staff regarding this popular Program.
Attachment 4
9.C-18Council Agenda 4-19-2022
March 2022 Stats
Number of Calls % Type of Incident
0 0.00%Debris
75 73.53%Emergency Medical
6 5.88%Fire Alarms
0 0.00%Fire Menace Standby
2 1.96% Flooding
0 0.00%Gas Leak
3 2.94%Other
11 10.78%Public Service Assistance
0 0.00%Smoke Check
0 0.00%Structure Fire
4 3.92%Traffic Collision
1 0.98%Vehicle Fire
0 0.00%Wildfire
102 100.00%
Incidents by City Response Area
Medicals Other % Descriptive Area
3 2 4.90% Palisades A
4 0 3.92% Spyglass B
9 1 9.80%Shell Beach Village C
1 1 1.96%Mattie Rd D
6 1 6.86%Shorecliff E
16 8 23.53% Downtown F
7 5 11.76% Heights G
12 3 14.71%Ventana H
5 1 5.88%Trailer Parks I
6 1 6.86%Five Cities Dr J
6 4 9.80%James Way K
Total 102 100.00%
Attachment 4
9.C-19Council Agenda 4-19-2022
MANAGEMENT SERVICES DEPARTMENT
MONTHLY ACTIVITY REPORT
March 2022
MANAGEMENT SERVICES DEPARTMENT
CITY CLERK
ADVISORY BODIES
• Held remaining onboarding meetings with new Advisory Body Members. • Coordinated with liaison staff on setup for in-person/hybrid meetings. • Ongoing onboarding of new and reappointed members.
• Coordinated with liaison staff on setup for first in-person/hybrid meeting of Planning Commission.
• Oaths of office for new and reappointed Planning Commissioners.
ELECTIONS & POLITICAL REFORM
• Ongoing receipt of Annual Form 700s. Annual statements are due April 1, 2022. • Ongoing coordination with County elections staff for provision of ballot boxes for 2022 elections.
RECORDS MANAGEMENT
• Ongoing review of numerous records requests.
• Ongoing coordination with the City’s claims handlers and counsel to provide relevant records. • Ongoing preparation of document production in one litigation matter. • Coordination with Police Department staff on retention policies affected by recent Senate Bills.
CPRA REQUESTS COMPLETED
• Ahmed, 601 Cypress and 172-176 Pomeroy Permits
• Jones, Employee Income and Demographics
• Kasman, 542 Five Cities Drive Building Permits
• Martin, City Attorney Oath of Office and Pay
• Mikko, Code Violations and Damaged Homes
• Political Firm of CA, Police Salaries, Experience, and Benefits • Dammeyer, 1081 Longview Avenue Plans
• Felix, Cliffs Hotel and Spa
• Ramage, Recordings of A. Ramage Arrest
• Roth, 2757 SBR Permit Records
• CRP Clean, Police Officer Misconduct
• Jones, Police Officer Disciplinary Records
• Jorgensen, Police Report 602 Vista Pacifica Circle
• Rojas, 114 Erna Permits and Plans
• Schuck, 235 Encanto Avenue Height Records
• Boardman, 266 Palomar Avenue Building Plans
• Gearhart, 100 Five Cities Drive Water Records
Attachment 5
9.C-20Council Agenda 4-19-2022
• Haupt, Zoning Changes at 3990 Shell Beach Road
• Jackson, 244 Wawona Avenue Permits and Work Orders
• Jacobson, Cliffs Hotel and Spa Records
• Nielsen, 2020 and 2028 Ocean Boulevard Building Records • Yruegas, 1241 Dolliver Street Parcel and Tract Maps
• Adams, 121 N. Silver Shoals Drive Architectural Drawings • Gabe, 235 Foothill Road Permits and Plans
• Graham, 110 Coral Court Building Permits
• Kathy, 2121 Price Street Building Permits
• Ovalle, Police Incident Report
• Salonga, Deckard Technologies, Inc. Agreements
• Vazquez, 111 Vista Del Mar Building Records
• Walker, 571-575 Price Street Building Permit Applications
HUMAN RESOURCES
• Recruitment:
o Facility Attendant – Open
o Parking Enforcement – Open
o Wastewater Operator – Open
o PT Rec Office Assistant – Open
o Crime Analyst – open
o Summer Maintenance – open
• Interviews:
o Ocean Lifeguard
o Facility Attendant
o Wastewater Operator
o Recreation Office Assistant
o Recreation Facility Attendant
o PT Maintenance Worker
o Crime Analyst – 4/13/22
• Backgrounds:
o 2 Entry-Level Dispatchers
o 1 Police Laterals
o PT Recreation Coordinator
o Police Reserve
o Ocean Lifeguards
o Facility Attendant
o Recreation Office Assistant
o PT Maintenance Worker
o Wastewater Operator
• Offers:
o Police Officer Lateral
o Police Officer Reserve
o Public Safety Dispatcher
Attachment 5
9.C-21Council Agenda 4-19-2022
• New Employee Orientation
o Wastewater Operator
o Police Officer
o Reserve Police Officer
TRAINING AND STAFF DEVELOPMENT
• The Assistant City Manager attended the Public Agency Risk Managers Association conference and was a featured speaker on How Effective Leaders Reduce Risk in the Public Sector. He was able to share with attendees about the various programs and initiatives the City takes to reduce cost and in turn provide better service to the community, while keeping employees safe. • This week, the department launched a Managers and Supervisors Training Academy. This Academy will provide our mid-managers and supervisors with an overview of all department operations. This will provide better training and development for our staff, as well as increase the effectiveness of our service delivery by having our team know when to contact, notify, and anticipate the needs of their colleagues. The City Manager and City Attorney provided the first session. These sessions will rotate through all our departments and will be held on a monthly basis.
LEGISLATIVE AFFAIRS
• Following direction by the City Council, staff is finalizing the letter of opposition for the Business Roundtable Ballot Initiative.
• Completed and distributed the letter of opposition for the CBRT initiative that was approved by City Council.
PUBLIC OUTREACH / PUBLIC INFORMATION
• New Postings:
o In-Yard service for South County Sanitary
• Shared the City’s recent recognition for its efforts on Shell Beach Streetscape.
RISK MANAGEMENT
LIABILITY CLAIMS RECEIVED
• Goble, Liability Claim
• Bundy, Slide Claim
• Gibbs, Liability Claim
• Greenman, Liability Claim
OTHER
• Various staff members conducted a site tour of 330 Main Street to evaluate the properties condition and take appropriate measurements for future use by the City at the conclusion of the lease.
• City Clerk conducted oath of office for new lateral Police Officer. • City Clerk performed ceremonial oath of office for new Reserve Police Officer.
Attachment 5
9.C-22Council Agenda 4-19-2022
• Received and processed one appeal of the Planning Commission’s March 22, 2022 action on a development application at 171 Naomi Avenue.
Attachment 5
9.C-23Council Agenda 4-19-2022
Pismo Beach Police Department
1000 Bello Street, Pismo Beach, CA 93449
(805) 773-2208
www.pismobeach.org/police
Monthly Activity & Crime Statistics Report
March 2022
Date Posted_________
Submitted: 4/7/2022
Attachment 6
9.C-24Council Agenda 4-19-2022
PISMO BEACH POLICE DEPARTMENT
MARCH 2022
MONTHLY ACTIVITY AND CRIME STATISTICS
Table of Contents
Activity Report
Office of the Chief…………………………………………………………………….… 1
Training Report…………………………………………………………………………. 1
Volunteers Summary…………………………………….…………………………….. 2
Overtime & Salary………………………………………………………………………. 2
Investigations Statistics
Routine Investigations………………………………………………………………….. 3
Investigation Management…………………………………………………………….. 3
Property & Evidence……………………………………………………………………. 3
Compliance & Permits………………………………………………………………….. 3
Special Operations……………………………………………………………………… 4
Crime Statistics
Workload Trends & Crime Statistics………………………………………………….. 5 Arrests, Citations, & Traffic Activity…………………………………………………… 6 Activity Analysis……………………………………………………….………………… 7
Attachment 6
9.C-25Council Agenda 4-19-2022
PISMO BEACH POLICE DEPARTMENT
MARCH 2022
MONTHLY ACTIVITY AND CRIME STATISTICS
OFFICE OF THE CHIEF
1. Chief Smith accepted an invite in March from the Cal Chiefs Board to serve as a Member At Large.
2. From March 1-2, 2022 Chief Smith attended the California Peace Officers Association Legislative Summit in Sacramento. This Summit provided an update on legislation that will specifically affect law enforcement agencies.
3. From March 8-10, 2022 Chief Smith along with 9 Police Department employees attended a Team Building Workshop that was funded via a POST grant. The team had an opportunity to discuss goals, challenges and personal leadership styles. They further devised a roadmap to accomplish these goals and overcome obstacles.
4. On March 15, 2022 the Pismo Beach 5-Cities Rotary Club recognized Officer Brian Hanson at a luncheon. Officer Hanson was selected due to his outstanding performance in the field and his excellent attitude.
5. On March 17, 2022 the Police Department proudly welcomed Officer Erin Logoluso as our 23rd Officer. Once off training, her addition to patrol means that this division is fully staffed. Officer Logoluso has 10 years of law enforcement experience and comes to us from Grover Beach Police.
6. On March 24, 2022, Chief Smith attended the Pismo Chamber 2022 Installation & Community Recognition Dinner where a new board was inducted, and local businesses and citizens were recognized for their great work.
7. On March 25, 2022, Chief Smith participated in the annual planning meeting for the Juvenile Justice Coordinating Council. Involvement with this county group allows Chief Smith to improve the facilities and enforcement within the SLO County juvenile system.
8. On March 28, 2022, the Police Department proudly welcomed Reserve Officer Dave Blanchard to the team. Officer Blanchard will be supplementing patrol staffing needs and assisting with investigations in the Detectives Bureau. He comes to us after having retired from a long and impressive career with the FBI.
9. On March 29, 2022, Chief Smith attended a meeting for the Zonehaven Steering Committee which seeks to provide the community with critical evacuation updates and first responders with evacuation management tools to plan, train for, and execute live emergency solutions.
MONTHLY TRAINING REPORT
Type of Training Attending Personnel Hours
SWAT Monthly Training 1 Officer 11
Lexipol Daily Training Bulletins 18 Sworn, 7 Non-Sworn 37.5 Team Building 7 Sworn, 2 Non-Sworn 144
Department Head Retreat 1 Chief 12
K9 Training 1 Officer 8
SWAT School 1 Officer 32
Perishable Skills: ARCON/EVOC 7 Officers 56
CPOA Summit 1 Chief 16
CPCA Board of Directors Meeting 1 Chief 16
NENA Conference 1 Non-Sworn 16
POST Records Clerk 1 Non-Sworn 32
Total Hours 380.5 hrs
Attachment 6
9.C-26Council Agenda 4-19-2022
PISMO BEACH POLICE DEPARTMENT
MARCH 2022
MONTHLY ACTIVITY AND CRIME STATISTICS
POLICE VOLUNTEERS SUMMARY
Volunteers were active in court runs, records and property / laboratory deliveries.
Volunteer Service Hours
Patrol 3.50
Special Events 0.00
Administrative 68.00
Call-Outs 0.00
Training/Misc. 1.50
Total Hours 73.00
OVERTIME & SALARY
Total Overtime Budgeted FY 21/22 $372,877.00
Total Overtime Spent YTD $309,473.97
Percentage Overtime Spent YTD 83%
Total Salary Budgeted FY 21/22 $3,415,776.28
Total Salary Spent YTD $2,372,271.51
Percentage Salary Spent YTD 69%
Attachment 6
9.C-27Council Agenda 4-19-2022
PISMO BEACH POLICE DEPARTMENT
MARCH 2022
MONTHLY ACTIVITY AND CRIME STATISTICS
INVESTIGATIONS STATISTICS
Routine Investigations
Arrests 6
Total Cases Worked 19
- Property Crimes 3
- Person Crimes 6
- Sex Crimes 2
- Other Criminal 6
- Other Non-Criminal 2
Supplemental Reports Completed 10
- Closed Cases – Misdemeanor 1
- Closed Cases – Felony 1
- Cases Filed with DA – Misdemeanor 1
- Cases Filed with DA – Felony 2
- Informational only 5
Investigation Management
Cases Assigned – Current 24
Cases Reviewed 57
Missing Person Cases Reviewed 1
Property and Evidence
New Property Cases 3
Property Purged 725
Physical Property Booked 269
Digital Property Booked 294
Property Auction 0
Evidence Processed 8
Fingerprint Submitted 7
Compliance and Permits
Annual PC 290 Registration Renewals 0
CCW Background Investigations 0
H&S 11590 Registration 0
PC 451.7 Arson Registration 0
Massage Establishment/Practitioner Permits 0
Attachment 6
9.C-28Council Agenda 4-19-2022
PISMO BEACH POLICE DEPARTMENT
MARCH 2022
MONTHLY ACTIVITY AND CRIME STATISTICS
Special Operations
Massage Sting Operation 0
- Arrests 0
290 PC Compliance 0
Alcohol Sting Operation 0
- Arrests 0
Tobacco Sting Operations 0
Prostitution Sting Operations 0
Warrants Authored 6
Warrants Served 6
Attachment 6
9.C-29Council Agenda 4-19-2022
WORKLOAD Mar 2022 Mar 2021 Feb 2022 Variant % Change YTD 2022 YTD 2021 Variant % Change Calls For Service 2,334 2,698 2,178 156 7.2%6,720 7,087 -367 -5.2% Community-Generated Calls 1,210 1,387 1,299 -89 -7%3,942 3,839 103 3% Self-Initiated Activities 1,124 1,311 879 245 28%2,778 3,248 -470 -14% Incident Reports 203 298 228 -25 -11%649 783 -134 -17%
9-1-1 Calls 712 675 612 100 16%2,080 1,789 291 16%
Arrests 107 197 120 -13 -11%363 476 -113 -24%
Citations & Warnings 360 414 281 79 28%905 936 -31 -3%
Parking Citations 1,094 909 1,179 -85 -7%3,848 2,314 1,534 66% Total Workload 4,810 5,191 3,525 212 36%14,565 13,385 1,180 9% PART 1 CRIMES
Arson 0 0 0 0 0%0 0 0 0%
Assault (Aggravated)0 1 3 -3 -100%6 7 -1 -14%
Auto Theft 2 1 0 2 200%3 6 -3 -50%
Burglary 10 5 10 0 0%23 19 4 21%
Homicide 0 0 0 0 0%0 0 0 0%
Larceny 23 22 9 14 156%50 66 -16 -24%
Rape 0 0 2 -2 -100%2 0 2 200%
Robbery 1 1 2 -1 -50%3 1 2 200%
Total Pt 1 Crimes 36 30 23 10 57%87 99 -12 -12%
0 0%0%
PART 2 CRIMES
Assault (Simple)6 5 2 4 200%14 12 2 17%
Disorderly Conduct 6 9 6 0 0%21 25 -4 -16%
DUI 5 15 8 -3 -38%22 37 -15 -41%
Forgery/Fraud 4 2 0 4 400%6 11 -5 -45%
Liquor Laws 0 2 0 0 0%0 3 -3 -100%
Narcotics Offenses 30 48 30 0 0%96 120 -24 -20%
Sex Offense 0 1 0 0 0%6 2 4 200%
Stolen Property 1 0 0 1 100%2 1 1 100%
Vandalism/Graffiti 5 10 12 -7 -58%26 27 -1 -4%
Warrant Arrest 40 51 46 -6 -13%129 122 7 6%
Weapons 1 7 3 -2 -67%7 20 -13 -65%
Total Pt 2 Crimes 98 150 115 -9 -15%329 380 -51 -13%
MARCH 2022
PISMO BEACH POLICE DEPARTMENT
MONTHLY ACTIVITY AND CRIME STATISTICS
1431 1510 1433 1477
1796
1548 1527 1424 1411 1322 1437 1299 1210132912461062910110710181019926931787775879 1124
297 254 262 223 278 254 256 221 192 182 215 228 203
Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 WORKLOAD TREND Community-Generated Calls Self-Initiated Activities Incident Reports Attachment 6
9.C-30Council Agenda 4-19-2022
ARRESTS Mar 2022 Mar 2021 Feb 2022 Variant % Change YTD 2022 YTD 2021 Variant % Change Adult 107 193 120 -13 -11%360 471 -111 -24%
Juvenile 0 4 4 -4 -100%4 5 -1 -20%
Total Arrests 107 197 131 -24 -18%364 476 -112 -24%
0%
CITATIONS 0%
Traffic Violation Citations 114 161 73 41 56%322 373 -51 -14% Infraction 84 92 37 47 127%230 218 12 6%
Hazardous 0 0 0 0 0%0 0 0 0%
Misdemeanor 31 69 36 -5 -14%93 154 -61 -40%
Felony 0 0 0 0 0%0 1 -1 -100%
All Other Citations 158 164 125 33 26%417 398 19 5%
Warnings 91 102 69 22 32%178 191 -13 -7%
Parking Citations 1,094 909 1,180 -86 -7%3,848 2,314 1,534 66% Total Citations 1,457 1,336 211 1,246 591%4,765 3,276 1,489 45% TRAFFIC ACTIVITY 0%
Traffic Stops 252 340 254 -2 -1%687 808 -121 -15%
Traffic Accidents 10 11 14 -4 -29%33 33 0 0%
DUI 1 1 3 -2 -67%6 4 2 50%
Hit & Run 0 3 1 -1 -100%2 12 -10 -83%
Injury 4 1 4 0 0%3 8 -5 -63%
Property Damage Only 6 2 3 3 100%4 3 1 33%
0 0 0 0 0
0 0
0 4
0 2
1 4
MONTHLY ACTIVITY AND CRIME STATISTICS
MARCH 2022
PISMO BEACH POLICE DEPARTMENT
181
254
252
140
219
217
41 35
35 JAN
FEB
MAR
3 MONTH TRAFFIC STOPS ACTIVITY
Led to Arrest
Led to Citation
Vehicle Stops
10%
20%
20%
40%
0%10%
MONTHLY TRAFFIC COLLISION
CAUSES
DUI
Failed to Stop
Failed to Yield
Other
Unsafe Start/Back
Unsafe Turn
Attachment 6
9.C-31Council Agenda 4-19-2022
JU
66%of reported actvity occurred between the hours of 7:00 a.m. and 6:59p.m. 34%of reported activity occurred between the hours of 7:00 p.m. and 6:59 a.m. 28%of reported activity occurred on the weekend.
PISMO BEACH POLICE DEPARTMENT
MARCH 2022
MONTHLY ACTIVITY AND CRIME STATISTICS
Monthly Activity Analysis
Sun
13%
Mon
13%
Tues
17%Wed
18%
Thurs
14%
Fri
10%
Sat
15%
ACTIVITY BY DAY OF WEEK
Days
66%
Nights
34%
ACTIVITY BY SHIFT
Attachment 6
9.C-32Council Agenda 4-19-2022
PUBLIC WORKS AND ENGINEERING DEPARTMENT
MARCH 2022 ACTIVITY REPORT
CAPITAL IMPROVEMENT PROJECTS
Shell Beach Reservoir 1 Replacement
•Contractor completed tank welding.
•Installed scaffolding and exterior wrap to begin sandblasting prior to coating.
Safety Center
•Continuing to review cost impacts and alternate building layouts.
Pier Ave Stairs Closure
•Consultant has begun assessment of the stairs and develop repairs and alternatives.
Toucan Terrace Sewer Pipeline Trestle Bridge
•Consultant has gathered paint chip samples and sent to the lab for evaluation of lead and other chemicals.
Dolphin Bay Public Storm Drain Repair
•Topographic survey has been performed and engineering plans are being prepared.
Palisade and Chumash Park Playgrounds
•Direction from Council provided on March 15th for the project. •Moving forward with revised design at Palisades Park.
Chapman House Shoreline
•Purchase order has been issued for Consultant to update the 2013 shoreline stabilization recommendations report.
Price Historical House
•Preliminary review of construction plans for and event green between the Price House and Meherin House. Gazebo locations are being evaluated.
Central Coast Blue
•Title XVI grant application submitted.
Bello Street Bridge
•Estimated completion week of March 28, 2022.
•Ribbon cutting being scheduled for beginning of April.
Price Canyon Road Slope Repair
•Construction complete, plant establishment period for another 2 months.
Ocean Blvd Improvements
•Estimated to begin the end of April 2022.
Dinosaur Caves/Price Historic Park Restroom
•Construction complete, working on final invoicing and change orders.
Attachment 7
9.C-33Council Agenda 4-19-2022
Storm Drain Improvement Project – Reef Court, Encanto and Windward •All work has been completed in all 3 locations.
•Leeward Parking Lot is scheduled for resurfacing April 7-8, 2022.
Corp Yard Remodel/Addition and City Hall Improvements
•City Hall – substantial completion, working on final punchlist and IT on their related issues and subcontracted work.
•Corp Yard – estimated completion mid May 2022.
Paving Project
•Advertising for construction bids to be released beginning February 24, 2022, bids due March 31, 2022.
Chapman Estate Improvements
•Roof – estimated completion end of April.
•Windows – Hunter Smith working on finalizing window schedule for window replacement scope of work and working with Pella Windows, estimate going out to bid April 2022. •Restroom – waiting on Puglisi Architects for second submittal to all City departments.
Park Signs
•Renderings are in progress.
James Way Beautification Project
•RFP advertised on March 17th, proposals due April 14, 2022.
Ventana Tennis Courts Project
•RFP advertised on March 24th, proposals due April 21, 2022.
PUBLIC WORKS OPERATIONS
Utilities Division
•Repaired a service line leak on Santa Fe.
•Cleaned impacted storm drains along Bello and Ocean View. The removal of the vegetation by the Fire Department allowed us to have access to the creek side of the drains, and to open them up.
•Finished Hot spots around the City.
•Replacing several valves along Wadsworth ahead of the paving project. •Finishing up the two year cycle of cleaning the City’s sewer system from North to South. •An air/vacuum relief valve on Shell Beach Road was stuck open this weekend leaking a small amount of sewage onto the street. Water and WW personnel worked together to repair, clean up and control traffic during the process.
Public Facilities Division
•Painting public restrooms - ongoing.
•Potholing City-wide.
•Installed trash cans on Dino Caves trail.
•Installed new parking signs at Pier Lot.
•Storm drain grate repairs.
Attachment 7
9.C-34Council Agenda 4-19-2022
•My Maintenance Worker rounds on Friday.
•Install farmers market signs at Pier lot.
•Calsense controller installation and repairs.
•Bathroom repair at Corp Yard.
•Creek bed repair at Chapman Estate.
•Windmill clean up at Chapman Estate.
•Changed and repaired Pier Restroom locks.
•Hung material at Admin.
•Weed abatement next door to PD.
•Move desks at City Hall.
•Build desks for CVB.
•Drag sand and level Volleyball courts.
•Clean up trees and debris at Highland Park.
•Paint SLOW on Frady Lane.
•Light repairs at CVB trailer.
•Paint parking spots at Corp Yard
ENGINEERING ACTIVITIES
Development Review/Permits
•Addie Street – Final PIP review is in process by staff.
Stormwater
•Ongoing erosion control inspections.
OTHER ACTIVITIES
During the month of March project development review, staff performed 18 plan checks.
Engineering staff issued 6 encroachment permits, 1 transportation permit, renewed 5 COVID support dining permits and performed 27 field inspections during the month.
Attachment 7
9.C-35Council Agenda 4-19-2022
March: N/A
YTD: N/A
VIC Walk-In Count: N/A
Daily Average: N/A
International visitors:
N/A
Inquiries/Comments
N/A
• Sent Visitors Guide to Arizona, California, Nebraska, Tennessee, Texas and Wisconsin. • Answered questions about permits, clams, weddings, Chapman Estate, firepits, tide books and Mon- arch Butterfly Grove.
• Worked to finalize RFP Marketing sub-committee members to review the tourism marketing pro- posals due March 25, 2022.
• Worked on scheduling Tourism Marking RFP subcommittee members for a meeting date. Emailed marketing proposals to one of the other subcommittee members who is not physically available. • Received leads from Visit California, added them to our newsletter and sent out Visitors Guides. • Delivered 40 swag bags to Vespera Resort for Heartland Charter School Event and compiled 144 items for Rotary Swag Bags.
• Pismo Coast Village and Visitors Center Clam paintings completed. • Worked with VIC staff to get everyone enrolled in upcoming workshops. • Began organizing and prepping for Open Gates for Chapman Estate and put up new signage. • Requested quote from Ribline for catering for Chapman Estate Neighborhood Gathering Event. • Processed quarterly stipends for CVB/LBID Board Members. • Continued working on Travel Authorization forms for IPW. • Continued receiving vendor applications for upcoming July 4th Celebration. • Met with David Morneau regarding new CVB position and the 2022-2025 Strategic Marketing Plan. • Reviewed Chapman construction update and future planning. • Ordered Family and Individual membership passes for Chapman Estate. • Updated days and times on Chapman Estate pages on City website. • Presented to Heartland Community School the opportunities Tourism provides for future employ- ment.
• Prepared Staff Report and presentation for Council.
• Began working on CVB Management Training Academy Power Point info. • Created Eventbrite page for July 4th Pier Seating tickets with code for residents to purchase tickets first.
• Processed Zambelli Fireworks PO for July 4th Celebration fireworks display. • Began receiving vendor applications for July 4th Celebration. • Received updated quote for July 4th Rentals and paid invoice to Santa Ynez Elite Rentals. • Submitted July 4th article and photos for Clam Chronicle. • Began reaching out to agencies we need approval from for the Coastal Commission permit for July 4 th fireworks display.
Attachment 8
9.C-36Council Agenda 4-19-2022
PLATFORM TOTAL FANS/
VIEWS
NEW THIS
MO.
Facebook 201,904 -29
Twitter 6,176 -4
Instagram 65,993 1,043
YouTube 640,294 374
E-Newsletter 41,441
ExperiencePismoBeach.com THIS MONTH YEAR TO DATE
Total Sessions 65,523 694,139
Average Daily Visi-
tors
2,113 3,155
All Lodging Referrals 4,149 35,040
Jack Rabbit
Referrals
1,477 12,195
• Director Meeting • Agenda Review • Business and Lodging Partners • Visit SLO CAL Marketing Committee Meeting • CVB/LBID Orientation • SLO Coast Wine Marketing Committee • SEC Orientation • City Council Meeting • CVB/LBID Board Meeting • Department Head Meeting • South County Chamber of Commerce Breakfast • SLO Coast Wine Collective Marketing Meeting • Pismo Beach Chamber of Commerce Board Meeting • CLIA Executive Board Meeting • SEC Meeting • Management Training Academy • Chamber of Commerce Installation Dinner • https://www.girltalkhq.com/planning-the-road-trip-of-a- lifetime/
• https://www.encinitasadvocate.com/sports/story/2022-03- 10/encinitas-surfers-compete-in-wsl-qualifying-series
• https://www.youtube.com/watch?v=DrhEZd0ORsk
• https://www.tucsonweekly.com/tucson/mystery-of-the-
monarchs-western-butterfly-populations-stage-remarkable- comeback/Content?oid=32044856
• https://www.wanderwithwonder.com/butterflies-at-pismo- beach/
• https://www.decanter.com/wine-news/san-luis-obispo-coast- recognised-as-newest-ava-476330/
• https://www.sanluisobispo.com/news/local/
article259270034.html
• https://www.iheart.com/content/2022-03-10-this-california- town-is-the-best-place-to-retire-on-the-west-coast/
• https://familytraveller.com/usa/travel-tips/age-specific/hotel- babymoon-packages/
• https://www.pridejourneys.com/post/springtime-in-slo-cal • https://santamariatimes.com/lifestyles/columnist/
from_the_vine/the-2022-slo-coast-wine-classic-is-on-track-for -april-2-kathy-marcks-hardesty/article_f35740bf-3501-5d82- 9559-6a26a2dbdc0d.html
• https://lafamilytravel.com/room-reveal-vespera-resort-on- pismo-beach/
• https://business.southcountychambers.com/news/details/ vespera-resort-on-pismo-beach-forms-stargazing-partnership- with-cal-poly-03-20-2022
• https://www.massnews.com/the-fight-to-save-the-embattled- monarch-butterfly/
• https://time.com/6155317/monarch-butterfly-conservation- extinction-threats/
• https://www.calcities.org/detail-pages/news/2022/03/22/city- of-pismo-beach-claims-top-honors-in-2022-outstanding-local- streets-and-roads-project-awards
• https://www.calcities.org/detail-pages/news/2022/03/22/city- of-pismo-beach-claims-top-honors-in-2022-outstanding-local- streets-and-roads-project-awards
• https://upgradedpoints.com/travel/hotels/best-boutique- hotels-in-pismo-beach/
Highlights:
• Met with Hibbards on upcoming Chapman private
event.
• Issued SEC Permit for SLO Wine Classic and Chacon/
Richardson Wedding
• Finalized Car Show insurance.
• Received SEC permit application for Boy Scouts of
America Cuboree.
• Worked with Taste of Pismo and SLO Wine Classic on
pending items for permitting.
• Working with AIDS/LifeCycle on insurance.
• Received insurance for Still Frothy Surf Festival and Keeney Wedding at Chapman Estate.
• Working with Abundant Life Fun Run on date change.
• Working with Pismo Chamber on Farmers Market ven-
dor list verifications and waiting on their finalized in- surance forms to get them permitted for next weeks
first market.
• Received Taste of Pismo posters and commercial spot.
• Received ABC forms for Pismo Beach Wine Classic.
• Replied to a film request for Chapman Estate citing
current and potential conflicts as reason for denial.
• Sent Just Cruzin Productions Car Show agreement out
for signatures in preparation for archiving.
Attachment 8
9.C-37Council Agenda 4-19-2022
ACTIVITY GUIDE
Preparation for the Summer Activity Guide continues; instructors are being contacted for review of final class descriptions, fees and dates. Additionally, recreation is beginning to draft design of guide to prepare for printing.
RECREATION PROGRAMS
• Recreation attended the California Parks and Recreation Society Association Annual meeting. This meeting discussed best practices within all of recreation programming. • Winter/Spring adult programs for March continue; programming for both outdoor and indoor classes include Art, Yoga, Tae Kwon Do, Qi Gong, Beginning watercolor, Drum Perks, Judo and Latin/Ballroom Dance.
• Recreation continues to update instructors on enrollment and provide courtesy reminder calls/emails to participants outlining class details.
• A youth volleyball camp was offered in the afternoon with twenty participants. • Pismo Beach Volleyball Club continued drop-in program for youth in March on Wednesdays and Sat- urdays.
• Continue to register participants over the phone/answer questions relating to upcoming classes/ programs.
• Instructor payment/invoices/weekly cash reconciliation completed.
Created and translated flyers for upcoming classes and events, flyers uploaded on Peachjar (school district website).
SPECIAL EVENTS
• Recreation held the Father Daughter Dance on March 19th, 2022. The theme was an Evening in Paris, there was over 120 participants registered. Recreation worked on decorating the hall, which included a café photo opportunity and more importantly the construction of a 17 ft. Eiffel Tower. Feedback from attendees were overwhelmingly positive.
• Recreation held the Senior Dance on March 14th, there were 35 participants; recreation prepared decorated the hall in addition to preparing the luncheon. Recreation will post this event on communi- ty calendars in addition to mobile home parks.
• Preparation for the Easter Extravaganza has begun, Recreation continues to work with organizations in securing volunteers for the event, typically this event requires around 45 volunteers at min. Addi- tionally, Pathpoint continues to volunteer filling the easter eggs for this event. • Recreation is working with San Luis Distance Club on a possible date for the Stride with the Tide.
Recreation has secured all bands for the Pacific Breeze Concert series, which begins in May at Dino- saur Caves Park. Recreation is currently working on securing all other vendors/invoices for this venue to include sound, stage and food vendors.
FACILITIES
• Park/Hall rentals, staff continues to book park rentals. Hall rentals have been put on-hold through the summer due to facility attendant vacancy. Recreation held interviews for Facility Attendant, one ap- plicant is in the process of background check.
• Recreation staff is filling in for the vacant Facility Coordinator position. Interviews were held for this position in March, a candidate was selected and is currently in the process of background checks. It’s the busy season for rentals, as customers are hoping to book for venues in the Spring/Summer.
Attachment 8
9.C-38Council Agenda 4-19-2022
FACILITIES CONT.
• Park/Hall rentals, staff continues to book park rentals. Hall rentals have been put on-hold through the summer due to facility attendant vacancy. Recreation held interviews for Facility Attendant, one ap- plicant is in the process of background check.
• Recreation staff is filling in for the vacant Facility Coordinator position. Interviews were held for this position in March, a candidate was selected and is currently in the process of background checks. It’s the busy season for rentals, as customers are hoping to book for venues in the Spring/Summer.
PRBC – Public Art Projects
• The PRBC meeting (In-Person / Hybrid) was held on March 3rd, 2022. RecWest presented the new playground designs for Chumash and Palisades Park. PRBC requested that both playground designs move forward to City Council for final approval. PRBC was informed that there may be a possibility that only one project will move forward due to budget constraints. • Recreation Manager and Engineering had a meeting with RecWest and a landscape architect regard- ing both playground projects. The Landscape Architect surveyed the sites and provided input on the relocation of Palisades Park back to original site, pros and cons. Additionally, Chumash was discussed with respect current status of project and recommendations on how to move forward. The landscape architect mentioned it might be better to move forward with construction documents so we’re aware of the project needs, even though the construction will be tabled for the time being. Recreation con- tinues to work with administration on how to proceed for Palisades Park. Staff scheduled a full in- spection for Chumash Park to include a drop test for surfacing to ensure that the turf is a viable op- tion.
• St. Jude’s tunnel artwork from AC Vintage was approved at the City Council meeting on March 15th.
The Recreation Manager has scheduled a meeting with South Paw and Engineering to review project and electrical requirements. Recreation is in contact with both AC Vintage and South Paw to secure a start date. Artist Agreement was signed by AC Vintage Design, and purchase agreement for mural submitted to Artist.
• The Bello Street Bridge project is moving forward, Engineering is securing the contract for the con- crete slab. Once this has been installed, South Paw will be able to install the artwork.
Attachment 8
9.C-39Council Agenda 4-19-2022
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.D
SUBJECT/TITLE:
PAID PARKING QUARTERLY UPDATE – THIRD QUARTER OF FISCAL YEAR 2022
RECOMMENDATION:
Receive report; information only.
BACKGROUND:
This report provides the City Council and public with information on preliminary actual revenues and expenditures for Fiscal Year (FY) 2022 ending March 31, 2022, and the current balance of the Parking Enterprise Fund. This report also provides an update on parking initiatives.
FY 2022 Financial Update
The following table details the preliminary actual revenues and expenditures for FY 2022 compared to FY 2021.
Table 1: Parking Enterprise Fund Revenues & Expenditures through 3rd Quarter
FY 2022 3rd
Quarter Actuals
FY 2021 3rd
Quarter Actuals
Variance
FY22 v FY21
($)
Variance
FY22 v
FY21 (%)
July 1st Beginning Fund Balance 3,409,461$ 2,701,171$ 708,290$ 26.2%
REVENUES
Parklet Fee 36,570$ -$ 36,570$ Parking Citations 416,068 115,741 300,327 259.5% Interest Earnings 4,603 31,830 (27,227) -85.5% Rents & Leases 30,591 6,555 24,036 366.7% Parking Kiosks/Meters 1,416,097 558,409 857,688 153.6% Parking Permits 2,950 1,615 1,335 82.7% Miscellaneous Revenue 3,381 196 3,185 1628.2% TOTAL REVENUES 1,910,260$ 714,346$ 1,195,914$ 167.4%
EXPENDITURES
Salaries & Wages 151,031$ 116,690$ 34,341$ 29.4% Benefits 54,574 51,395 3,179 6.2% Purchased Professional Services 3,042 3,095 (53) -1.7% Other Purchased Services 49,155 33,722 15,433 45.8% Operations and Maintenance 64,699 39,267 25,433 64.8% Other Expenses 141,287 106,239 35,047 33.0% TOTAL OPERATING EXPENSES 463,789$ 350,409$ 113,380$ 32.4% NET INCOME / (LOSS) As of
March 31, 2022
1,446,470$ 363,937$ 1,082,534$ 297.5% One-time Expenditures 4,336$ 1,452,036$ (1,447,699)$ -99.7% June 30, 2022 Ending Fund
Balance
4,851,596$ 1,613,072$ 3,238,523$ 200.8% Carryforward One-time projects 3,733,906$ 722,268$ 3,011,638$ 417.0% June 30, 2022 Available Ending
Fund Balance
1,117,689$ 890,805$ 226,885$ 25.5%
9.D-1Council Agenda 4-19-2022
As shown in Table 1, the preliminary estimate of revenues of the Parking Enterprise Fund at the end of the third quarter of FY 2022 (ending March 31, 2022) totaled $1,910,260, which is 167.4% greater parking revenues compared to the third quarter of FY 2021. The increase is attributable to greater parking revenues from:
Parking kiosk and meters this quarter compared to the third quarter of last fiscal year, likely due to increased visitors this year compared to last year when COVID- 19 concerns were more prevalent;
Increased parking citations due to more parking enforcement activities; Rents and leases due to the rent received from the newly-acquired 330 Main Street property; and
The new parklet fee that was implemented in January 2022.
Operating expenses at the end of this same period, which include personnel costs, operating expenses, and contract services, totaled $463,789, which is 32.4% greater than operating expenditures through the third quarter of FY 2021. This increase is largely due to increased parking enforcement personnel costs as more parking activity requires greater staffing levels. The net operating income (revenues less operating expenses) for FY 2022 is $1,446,470. The projected ending balance of the Parking Enterprise Fund at the end of the third quarter is $4,851,596.
In addition to the ongoing expenses, there are one-time budgeted costs of $3,738,242 for one-time projects. These projects include $2,513,831 for the purchase of property to increase the City’s parking inventory, $750,000 for paving the parking lots, $250,000 for the Downtown Police Substation, $100,854 for the Secure Communication Radio project, $100,000 for the Addie Street Parking and Access Improvements project, $18,732 for additional parking meters, $4,000 for a radio system upgrade and reliability project, and $825 for other projects. After considering these one-time costs, the projected available fund balance is $1,117,689.
Parking Management Implementation
To continue assisting restaurants during the period of pandemic recovery and transition, on February 1, 2022, the City Council determined to allow outdoor parklet operations to remain for dine-in service through September 30, 2022. This includes the six parklets utilized throughout the city, but no longer includes the Temporary Outdoor Dining Area Certifications (TODAC), which are required to be removed by April 30, 2022.
As part of the upcoming paving project, parking meters will be installed on Price Street between Pomeroy and San Luis Avenues and the adjacent stub streets. Staff has been soliciting appropriate firms to identify interest and cost to revise the City’s Parking Management Plan (PMP). Two firms responded with their interest in assisting the City in updating the PMP and after contract and indemnification discussions, only one firm agreed to the City’s terms. A report will be provided to the City Council in the coming months to award that contract and begin that update process.
As the City enters the summer months, parking rates will increase to help accommodate the increased number of vehicles impacting downtown. Staff will continue to monitor and adjust parking rates to encourage parking in less congested areas.
9.D-2Council Agenda 4-19-2022
FISCAL IMPACT:
No fiscal impact is anticipated by receipt of this update.
ALTERNATIVES:
1. Direct staff to return with additional information.
ATTACHMENTS:
None.
Meeting Date: April 19, 2022 Submitted by:
Matthew Downing, Community Development Director
Assistant City Manager Approval:
9.D-3Council Agenda 4-19-2022
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E
SUBJECT/TITLE:
AMENDMENT #2 TO AGREEMENT WITH SP MAINTENANCE SERVICES, INC. FOR
PARKING LOT AND STREET SWEEPING
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute Contract Amendment #2 with SP Maintenance Services, Inc. in the amount of $56,265 per year for two years of parking lot and street sweeping services.
BACKGROUND:
On May 15, 2018, the City Council authorized a professional services agreement with SP Maintenance Services, Inc. (SP Maintenance) for parking lot and street sweeping in the city of Pismo Beach. The contract was for a term of four years, with the possibility of two additional two-year extensions.
With the addition of the parking lot on Shell Beach Road, additional parking lot sweeping not included in the original scope of work was necessary to maintain the lot. Amendment #1 was executed under the City Manager’s authority in February 2021 for the additional sweeping of the new parking lot.
The current contract is set to expire on June 30, 2022. Staff requested a quote to extend the current agreement for an additional two years, through June 30, 2024. SP Maintenance provided a quote (Attachment 1.A) of $56,265 per year, for two years, to continue with parking lot and street sweeping services.
Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing Amendment #2 to the existing Professional Services Agreement with SP Maintenance Services, Inc in the amount of $56,265 per year for two years.
FISCAL IMPACT:
The fiscal impact of adopting the attached Resolution is $112,530 over two years, or $56,265 per year for fiscal year (FY) 2023 and FY 2024. The current streets division contract services budget has sufficient budget available that can be used for the parking lot and street sweeping services.
ALTERNATIVES:
1. Do not authorize the amendment; provide staff with direction.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: Amendment #2 and proposal
Council Agenda 4-19-2022 9.E-1
Prepared by: Meeting Date: April 19, 2022
Kristin Bennet, Administrative Secretary
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer Assisant City Manager Approval:
Council Agenda 4-19-2022 9.E-2
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT #2 WITH SP MAINTENANCE SERVICES, INC. IN THE AMOUNT OF $56,265 PER YEAR FOR TWO YEARS OF PARKING LOT AND STREET SWEEPING
SERVICES
WHEREAS, on May 15, 2018, the City Council authorized a professional services agreement with SP Maintenance Services, Inc. for parking lot and street sweeping services; and
WHEREAS, following the addition of the parking lot on Shell Beach Road, additional parking lot sweeping not included in the original scope of work was necessary to maintain the lot; and
WHEREAS, in February 2021, Amendment #1 was executed under the City Manager’s authority to incorporate additional sweeping for the new parking; and WHEREAS, the current contract is set to expire on June 30, 2022 and SP Maintenance Services, Inc. has provided a proposal for continued services through June 30, 2024; and WHEREAS, the current streets division contract services budget has sufficient budget available to support the cost of this amendment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Contract Amendment #2 with SP Maintenance Services, Inc. in the amount of $112,530 over two years, or $56,265 in fiscal year (FY) 2023 and $56,265 in FY 2024 (Exhibit A).
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 19th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 4-19-2022 9.E-3
Attachment 1
AMENDMENT # 2
to the
JULY 1, 2018 AGREEMENT BETWEEN THE CITY OF PISMO BEACH
AND SP MAINTENANCE SERVICES, INC.
Pursuant to the July 1, 2018 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and SP Maintenance Services, Inc., hereinafter referred to as “Vendor,” City and Vendor hereby agree as follows:
1.Additional services shall be performed as set forth in the proposal dated March 8, 2022 which is attached hereto and by this reference made a part hereof.
2.Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of fifty-six thousand two hundred sixty-five dollars ($56,265.00) per year, (one hundred twelve thousand five hundred thirty dollars ($112,530.00) for two years), without prior written approval of the City.
3.All other provisions of the parking lot and street sweeping in the City of Pismo Beach agreement between City and Vendor shall remain in full force and effect.
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Benjamin A. Fine
Title: Director of Public Works/City Engineer
Dated: ________________________________
Signed:
Name: James R. Lewis
Title: City Manager
Dated: ________________________________
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
VENDOR:
SP Maintenance Services, Inc.
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
(if changed from prior agreement)
______________________________________
______________________________________
Email address for official communications:
(if changed from prior agreement)
______________________________________
Vendor Representative:
(if changed from prior agreement)
Name/Title: ____________________________
Attachment: Cost Proposal
Council Agenda 4-19-2022 9.E-4
Attachment 1.A
Council Agenda 4-19-2022 9.E-5
Attachment 1.A
ROUTES CURRENT RATE 2022 INCREASE
Route #1 $1,080.00 $1,188.00
Stub Streets:
West of U.S. 101 from Price to the end of the street at U.S. 101 Includes: Bay, Harloe, San Luis, Hollister, Pismo, Main, Pomeroy, Stimson and Oceanview.
Route #2 $3,120.00 $3,432.00
Downtown Core :
Includes: Pomeroy and Hinds from Dolliver to the Pier Parking Lot. Cypress from Main to Stimpson, Main from Dolliver to the southern end of the street, and Dolliver from Main to Hinds.
Parking Lots Group #1 $42,900.00 $47,190.00
Includes: Pier, Addie Street, Upper Pomeroy, Main Street South, Main Street North, Chamber of Commerce and the Price Street Diagonal Parking.
Parking Lots Group #2 $3,600.00 $3,960.00
Includes: Ira Lease Park, Mary Harington Park, Pismo Vets Hall, Chumash Park, Dinasaur Caves Park, City Hall, Shell Beach Vets Hall, Spy Glass Park,, The Bluffs Park, Police Department, Shell Beach Tennis Courts, Shell Beach Basket Ball Courts and Shell Beach Road Parking Lot.
Amendment 1/2021 - Shell Beach Parking Lot (1x per month)$450.00 $495.00 Added: 1465 Shell Beach Road Parking Lot - 1x per month. $52,965.00 $56,265.00
PARKING LOT & STREET SWEEPING ROUTES
Proposed Contract Extension - 10% Increase
Effective July 1, 2022 - June 30, 2024
ANNUAL
Council Agenda 4-19-2022 9.E-6
Attachment 1.A
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.F
SUBJECT/TITLE:
ANNUAL CITY WEED ABATEMENT PROGRAM; DECLARATION OF NUISANCES RECOMMENDATION:
Adopt a Resolution declaring that grass, weeds, and rubbish on certain lots in the City of Pismo Beach constitute public nuisances and ordering said public nuisances to be abated.
BACKGROUND:
As part of the annual weed abatement program, Fire Department personnel are making a survey of all properties in the city to identify those properties requiring weed, rubbish, or refuse abatement. Municipal Code Chapter 8.321 allows the City Council by resolution to declare those properties a nuisance and order the abatement of those unsafe conditions. Each property owner whose lot has been identified as needing abatement will be mailed a letter, which will explain the weed abatement requirements. That letter will also notify the owner of a protest hearing before the City Council on June 21, 2022 where they can protest the notice. This program needs to be completed by July 8, 2022, in order for the City to turn in abatement assessments to the County Auditor on time to meet the deadline for the 2022–2023 tax roll.
The proposed resolution (Attachment 1) conforms to all provisions of the weed and rubbish abatement ordinance adopted in 1996 (Ordinance O-96-05).
FISCAL IMPACT:
Costs associated with the annual weed abatement program are included in the City's existing Weed Abatement fund.
ALTERNATIVES:
1. Do not adopt the resolution; decline to administer the weed abatement program in 2022.
ATTACHMENTS:
1. Resolution
Meeting Date: April 19, 2022 Prepared by:
Michelle Pearson, Administrative Assistant
Submitted by: Paul Lee, Battalion Chief
Assistant City Manager Approval:
1 Full URL https://codelibrary.amlegal.com/codes/pismobeach/latest/pismo_ca/0-0-0-2846
9.F-1Council Agenda 4-19-2022
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA DECLARING THAT GRASS, WEEDS, AND RUBBISH ON CERTAIN
LOTS IN THE CITY OF PISMO BEACH CONSTITUTE PUBLIC NUISANCES AND
ORDERING SAID PUBLIC NUISANCES TO BE ABATED
WHEREAS, Section 8.32.020 of the City of Pismo Beach Municipal Code provides, “The City Council may declare by resolution as a public nuisance, and abate:
A. Weeds growing in any location within the city, whether on public or private land.
B. All rubbish, refuse and dirt upon parkways or sidewalks, and all rubbish and refuse upon private property in the City; and
WHEREAS, the Fire Chief of the City of Pismo Beach or their representative is surveying all lots and can present evidence to the City Council of the City of Pismo Beach that there are weeds, rubbish, refuse and dirt on or adjacent to said lots, and that said conditions should be abated.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby directs that the Fire Chief of the City of Pismo Beach or their representative identify said lots and send by mail to each known owner of said lots a notice that the City of Pismo Beach intends to abate the public nuisances thereon.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 19th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
9.F-2Council Agenda 4-19-2022
Attachment 1
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.G
SUBJECT/TITLE:
PURCHASE OF TWO APX 8000 ALL-BAND, PORTABLE RADIOS FROM
MOTOROLA SOLUTIONS FOR THE FIRE DEPARTMENT
RECOMMENDATION:
Adopt a Resolution authorizing the purchase of two APX 8000 All-Band, portable radios from Motorola Solutions in the amount of $16,550.18 and appropriating $8,545.00 in the Lifeguard Operating Supplies Fund to support the purchase in Fiscal Year 2022.
BACKGROUND:
Pismo Beach has many special events that draw visitors year-round. The special events along with the beach can draw in as many as 50,000 visitors at one time in the downtown core. The City’s Lifeguard Program is responsible for providing an elevated intensity of life and beach safety to the residents and visitors of Pismo Beach, the Lifeguards protect over 400,000 visitors each year.
Lack of common modes of communication during response and while at the incident can result in longer rescue times and decrease the effectiveness of ordering necessary resources when time is critical. Currently, Lifeguards are using multi-band radios that have outlived their life expectancy and are beginning to fail. Additionally, parts and service are no longer available for the existing models.
In Fiscal Year (FY) 2022, the City’s Lifeguard Program applied for the 2021 OHV grant in the amount of $8,545 for a two All-Band, portable radios. The San Luis Obispo County Parks and Recreation Commission recommended to the County’s Board of Supervisors to approve the FY 2022 $8,545 grant, which is expected to be available in FY 2023. If approved by the Board of Supervisors, the funds will be available July 1, 2022. So far, the City’s Lifeguard Program has been 100% successful in obtaining grants from the County Board of Supervisors as recommended by the San Luis Obispo County Parks and Recreation Commission.
This all-band technology allows multiple agencies to communicate with each other during an incident. If the grant funding is obtained from the County, and the Council approves staff's recommendation, the All-Band radios will be used for special events and responding to beach incidents, the use of the radios would be 7 days a week during the summer season when the lifeguards are on duty. The radios will also be used by firefighting staff when lifeguards are off duty 24/7.
The benefits of purchasing the radios prior to July 1st are:
The radios will be installed prior to the peak summer season. The radios will be available for the start of Lifeguard season.
9.G-1Council Agenda 4-19-2022
Accordingly, staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the purchase of the APX 8000 All-Band, portable radios and appropriating the necessary funds as described below. A quotation for the purchase of these radios from Motorola Solutions, the only vendor that furnishes industry-standard equipment that is compatible with equipment utilized by county and state fire agencies with which the City’s fire personnel cooperate, is provided as Attachment 1.A. This quotation was obtained through cooperative purchasing entity Sourcewell under contract 36273, which qualifies this as a piggy-back purchase under the City’s purchasing procedures.
FISCAL IMPACT:
The two Motorola radios are expected to cost approximately $16,550, including the additional equipment and installation needed to place the radios into service.
Motorola Radio Estimated Costs
Radio Cost estimate $16,070.00
Additional equipment & installation $481.00
Total Estimated Radio Cost $16,551.00
Funding Sources
Proposed FY 2021-22 OHV Grant $8,545.00
Fire Department FY 2021-22 Operating Supplies & Maintenance $8,006.00 Total Sources $16,551.00
In order to purchase the Motorola radios in FY 2022 prior to the peak summer season, staff recommends that Council appropriate $8,545 in the FY 2022 General Fund Fire Department Lifeguard Division Operating Supplies account. Staff also recommends that the proposed $8,545 in grant revenues be appropriated and deposited into the FY 2022 General Fund Fire Department Lifeguard Division Grant from SLO County account to reimburse the General Fund for this purchase.
ALTERNATIVES:
1. Do not adopt Resolution; do not purchase radios.
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: Quote from the Motorola Radios Meeting Date: April 19, 2022 Prepared by:
Michelle Pearson, Administrative Assistant
Submitted by: Paul Lee, Battalion Chief
Assistant City Manager Approval:
9.G-2Council Agenda 4-19-2022
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE PURCHASE OF TWO APX 8000 ALL-BAND,
PORTABLE RADIOS FROM MOTOROLA SOLUTIONS IN THE AMOUNT OF $16,550.18 AND APPROPRIATING $8,545.00 IN THE LIFEGUARD OPERATING SUPPLIES FUND TO SUPPORT THE PURCHASE IN FISCAL YEAR 2022
WHEREAS, the Pismo Beach Fire Department was successful in its application for the Off-Highway Vehicle Fund grant which will assist in purchasing two All-Band, portable radios; and
WHEREAS, the radios will provide potential life-saving measures to residents and/or visitors who spend time on the beach and attend special events; and
WHEREAS, the City’s Lifeguard Program has applied for an OHV grant in the amount of $8,545.00 for two All-Band radios, which the San Luis Obispo County Parks Commission recommended that the San Luis Obispo County Board of Supervisors approve and which funding is expected to be available July 1, 2022 if approved by the Board of Supervisors; and
WHEREAS, staff recommends the purchase of the All-Band radios as soon as possible in order to receive and install the radios prior to the peak summer season, and make the radios available for the Lifeguard season.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the purchase of two APX 8000 All-Band, portable radios from Motorola Solutions in the amount of $16,550.18 (Exhibit A) in Fiscal Year (FY) 2022 as a piggyback contract under Sourcewell contract 36273.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $8,545.00 in the General Fund Fire Department Lifeguard Division operating supplies account in FY 2022 to purchase Motorola radios and that the proposed $8,545.00 grant revenues be appropriated and deposited into the FY 2022 General Fund Fire Department Lifeguard Division Grant from SLO County account to reimburse the General Fund for this purchase.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 19th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
9.G-3Council Agenda 4-19-2022
Attachment 1
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
9.G-4Council Agenda 4-19-2022
Attachment 1
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Attachment 1.A
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9.G-6Council Agenda 4-19-2022
Attachment 1.A
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.H
SUBJECT/TITLE:
ADOPTION OF FINDINGS RELATING TO AB 361 (VIRTUAL MEETINGS)
RECOMMENDATION:
Adopt the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:
1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.
2. The following circumstances exist:
• State or local officials continue to impose or recommend measures to promote social distancing.
BACKGROUND:
Assembly Bill 361 (Rivas, 2021) amends and codifies the relaxed Brown Act provisions that were originally implemented by Executive Orders of the Governor in response to the coronavirus pandemic. Among the provisions of the Brown Act that were relaxed by the Governor’s Orders were provisions for participation in legislative meetings by teleconference (phone, or virtual platform such as Zoom). Prior Brown Act provisions required that, in the event any legislative body member(s) wished to participate in a meeting remotely, the exact address of the remote location(s) be published in advance on the meeting agenda, the remote location(s) be disabled-accessible, and the public be provided the opportunity to observe the meeting and make public comment at the remote location(s).
Governor’s Orders N-29-20 and N-08-21 effectively suspended all of these provisions for health and safety reasons, making it possible for legislative body members to join a meeting virtually without the need for conducting advance noticing or providing direct public access to the location. AB 361, effective October 1, 2021, functionally codifies these provisions through January 2024, allowing agencies to avail themselves of the continued teleconferencing option if desired, provided that the legislative body makes certain findings as outlined below (Government Code Section 54953(e)(3)):
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
9.H-1Council Agenda 4-19-2022
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
The City Council inaugurated its use of AB 361 provisions by holding a totally teleconferenced meeting via Zoom on October 5, 2021, and then adopted the recommended findings at each of its regular meetings since October 19, 2021. Following the state’s removal of the indoor mask mandate for vaccinated individuals on February 16, 2022, the City Council has transitioned to fully hybrid meetings for the foreseeable future, where the legislative body members, staff, and the public may attend the meeting either in person, or virtually.
Procedural Flexibility
The circumstances surrounding the impact of the coronavirus pandemic are continually evolving, and the progression of the pandemic, along with accompanying governmental health and safety directives, are difficult to foresee. While the Council has determined to transition to hybrid City Council meetings with a certain level of in-person participation, staff recommends that the adoption of these findings, as recommended, remain on the Council’s consent agenda for the foreseeable future, until such time that the Council determines that it can no longer make the findings due to a change in circumstance.
Adoption of the recommended findings at each meeting will provide continued flexibility should the Council need or desire to make a change to its meeting practices at any point in the future. Adoption of the findings in no way commits the City to holding virtual or hybrid meeting proceedings, providing full flexibility under uncertain circumstances.
Other Provisions of AB 361
AB 361 also requires that the public be given the opportunity to address the legislative body with their comments in real time, which the City has provided continuously since the start of the pandemic, and will continue to. In addition, the bill requires that meeting proceedings be stopped in the event that the public’s virtual access to a meeting is disrupted, for example due to an internet outage. When holding a hybrid meeting with some or all members participating in person, and some or all of the public participating virtually, staff will monitor the virtual meeting to component to assure that public access is not interrupted, and pause meeting proceedings in the event of a disruption.
Conclusion and Recommendation
In order to provide both legal compliance and practical flexibility during ongoing uncertain circumstances, staff recommends that, by minute order, the City Council make the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:
1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.
2. The following circumstances exist:
• State or local officials continue to impose or recommend measures to promote social distancing.
9.H-2Council Agenda 4-19-2022
FISCAL IMPACT:
There is no fiscal impact associated with adoption of the recommended findings.
ALTERNATIVES:
1.Do not adopt the findings; provide other direction to staff.
ATTACHMENTS:
None.
Meeting Date: April 19, 2022 Submitted by:
Erica Inderlied, City Clerk
Assistant City Manager Approval:
9.H-3Council Agenda 4-19-2022
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #11.A
SUBJECT/TITLE:
GENERAL PLAN/LOCAL COASTAL PROGRAM AMENDMENT TO THE CITY OF PISMO BEACH LAND USE ELEMENT PLANNING AREA ‘E’ (ST. ANDREWS TRACT) TO ELIMINATE DEVELOPMENT RESTRICTIONS IMPOSED BY POLICIES LU-E-1 ‘A’ AND ‘B’; AND ADOPTION OF A NEGATIVE DECLARATION
RECOMMENDATION:
Adopt a Resolution adopting a General Plan/Local Coastal Program Amendment to the City of Pismo Beach Land Use Element Planning Area ‘E’ (St. Andrews Tract) to eliminate development restrictions imposed by Policies LU-E-1 ‘a’ and ‘b’; and adopting a Negative Declaration.
BACKGROUND:
On March 22, 2022, the Planning Commission adopted resolution PC-R-2022-008 (Attachment 3) recommending that the City Council adopt an amendment to the General Plan/Local Coastal Program (GP/LCP) to eliminate Policies LU-E-1 ‘a’ and ‘b’ of the Land Use Element for Planning Area ‘E’ (St. Andrews Tract), a diagram of which is provided as Attachment 2.
Policies LU-E-1 ‘a’ and ‘b’ (Policies) were originally adopted as part of an update to the GP/LCP in 2012. During this update, and prior to the Planning Commission’s review of updates to the City’s different planning area standards, a constituent requested the inclusion of Policies LU-E-1 ‘a’ and ‘b’ in the St. Andrews Tract to require redevelopment or new development throughout the neighborhood to remain at the same front yard setback as existed on January 1, 2012. This request was incorporated into the update, which was subsequently adopted by the City Council on March 20, 2012. The GP/LCP update was publicly noticed in accordance with all legal requirements; however, based on review of the public record, it is unclear how thoroughly the policies and their effect on the neighborhood were discussed in 2012. The existing policies, as adopted in 2012, read as follows:
LU-E-1 Concept: The St. Andrews Tract Planning Area shall be retained as a residential neighborhood with Low and High Density residential uses. The focus is on conserving the existing housing stock and assuring that home additions and replacements are compatible with the scale and character of the existing development. This will be achieved by:
LU-E-1 a. Limiting the front yard setback for additions and reconstruction of existing homes or construction of a new home to the front yard setback in place on the existing home as of January 1, 2012. The front yard setback for the single undeveloped lot in this area, APN 010-500-003, shall comply with the implementing ordinance;
11.A-1Council Agenda 4-19-2022
LU-E-1 b. For additions or reconstruction of existing homes and the construction of new homes. A front elevation minimum 10’ building stepback from the first floor to the second floor.
The Policies require that new and redeveloped structures be set back from the front property line to the same extent that the structures were constructed as of January 1, 2012, and in a pattern that is similar to adjacent homes. Because the St. Andrews Tract was already largely built out at the time the Policies were enacted, the Policies affected new structures as they were being built or as properties were redeveloped.
However, these Policies had unintended consequences that surfaced with the recent application of Richard E. Mittry, Mittry Family Trust (Applicant) for a Coastal Development Permit (CDP) and Architectural Review Permit (ARP) (Project P21-000015) for a new single-family residence at 171 Naomi Avenue. The Applicant’s request for the CDP could not be accommodated under the Policies. The unique shape of the lot and the location of the existing structure result in a setback requirement of 51 feet from the front property line. This is far greater than the R-1 zoning standard front setback of 20 feet, and the design of the home proposes a front setback of 24 feet. Additionally, the project proposed a second story with variable stepbacks from the first floor, whereas a 10-foot stepback along the entirety of the front elevation is required by Policy LU-E-1 ‘b’, regardless of overall structural design. As such, the proposed design requires a GP/LCP amendment.
Amending the General Plan/Local Coastal Program
A General Plan or Local Coastal Program amendment may include revisions to text, goals, policies, actions, or land use designations. The Planning Commission is required to make a written recommendation to the City Council on whether to approve, approve in modified form, or disapprove, the proposed amendment. The 1983 Zoning Code does not contain specific findings for approval of legislative actions. In order to help guide the Planning Commission’s recommendation, the Planning Commission based its findings on the following findings taken from Section 17.56.070 of the 1998 Non-Coastal Zoning Code, which requires findings for GP/LCP amendments outside the Coastal Zone:
17.56.070 Findings
A. Findings for General Plan Amendments. An amendment to the general plan may be approved only if all of the following findings of fact can be made in a positive manner:
1. The proposed amendment is internally consistent with the general plan;
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;
3. The site is physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested/anticipated land use development(s); and
4. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).
11.A-2Council Agenda 4-19-2022
Additionally, an amendment to the GP/LCP will not take effect until the amendment has been certified by the California Coastal Commission, in compliance with the Coastal Act.
It should be noted that this proposed amendment will not impact or delay the comprehensive GP/LCP Update.
Planning Commission Recommendation
On March 22, 2022, following consideration of staff analysis and testimony by members of the public and the applicant, including extensive review of the previous GP/LCP update from 2012, the Planning Commission recommended the City Council eliminate Land Use Element Policies LU-E-1 ‘a’ and ‘b’. An excerpt from the minutes of this meeting is provided as Attachment 4. The Planning Commission found that the Policies had resulted in unintended consequences by imposing development restrictions on a majority of the single-family residences within the St. Andrews Tract. The Planning Commission indicated that such specific design language is more appropriately placed within the zoning code and should not be included in a General Plan, which is to be “general” by its very definition. As such, the scale of future development within the St. Andrews Tract is limited and elimination of the policies would require new development and reconstruction of residences to be built in compliance with the R-1 development standards and design guidelines of the 1983 Zoning Code, consistent with the surrounding subdivisions and land uses. The amended GP/LCP policy would read as follows:
LU-E-1 Concept: The St. Andrews Tract Planning Area shall be retained as a residential neighborhood with Low and High Density residential uses. The focus is on conserving the existing housing stock and assuring that home additions and replacements are compatible with the scale and character of the existing development. This will be achieved by:
LU-E-1 a. Limiting the front yard setback for additions and reconstruction of existing homes or construction of a new home to the front yard setback in place on the existing home as of January 1, 2012. The front yard setback for the single undeveloped lot in this area, APN 010-500-003, shall comply with the implementing ordinance;
LU-E-1 b. For additions or reconstruction of existing homes and the construction of new homes. A front elevation minimum 10’ building stepback from the first floor to the second floor.
Neighborhood Analysis
Staff conducted a survey of the St. Andrews Tract and counted an estimated 112 single- family residences with front setbacks that range between 8 feet and 51 feet. The average setback ranges between 20 and 25 feet, consistent with the 1983 Zoning Code. Nine of the 112 homes have setbacks on the outlier of the range; they are located at the northern and southern edges of Seacliff Drive, on the corner of Seacliff Drive and Naomi Avenue, and the street cul-de-sac of Naomi Avenue. These properties are disproportionately affected by Policy LU-E-1 ‘a’ compared to others in the same neighborhood. Of the 112
11.A-3Council Agenda 4-19-2022
homes, 29 are two-story, of which 25 (86%) were made legal non-conforming for second story stepbacks due to the adoption of land use policy LU-E-1 ‘b’ in 2012.
Cumulative Effects of the Request
If the City Council approves the GP/LCP amendment as recommended by the Planning Commission, and if the amendment is certified by the California Coastal Commission, future development and/or redevelopment of properties in the St. Andrews Tract will comply with the 1983 Zoning Code as it relates to development standards, including setbacks, lot coverage, height, and building area. For the R-1 District, residences must be set back a minimum of 20 feet from the front property line and must comply with the development and design standards applicable to single-family dwellings pursuant to Section 17.105.135 of the 1983 Zoning Code, which include standards related to attaining compatibility with the existing scale and character of the surrounding neighborhood including but not limited to building form and mass, façade articulation, exterior materials, roof form and style, and window shape and style. Specifically, Section 17.105.135(A) requires second floors to be limited to 80% of the first-floor area.
Furthermore, eliminating Policies LU-E-1 ‘a’ and ‘b’ would afford residents in the St.
Andrews Tract the opportunity to apply for a Variance from specific development standards in the 1983 Zoning Code instead of a General Plan Amendment, which is consistent with the process followed and allowed in other neighborhoods in the city. A Variance allows a property owner, under special circumstances, to develop a property in a manner that varies from zoning regulation requirements when strict enforcement of the regulations would make it difficult to develop the parcel, cause unnecessary hardship, or result in inconsistency with the intent of zoning regulations. In the absence of Policies LU- E-1 ‘a’ and ‘b’, the project applicant would not have needed to request a variance for the property, as the proposed setback is consistent with the zoning district requirements.
A General Plan is a fundamental tool in guiding a city through change and growth. It addresses the physical development of a city and, when used in conjunction with a larger body of City Council policies, provides direction for decision-making relating to City services and resources. As community needs and values change, a city will periodically review and update its General Plan so that it remains a realistic document to achieve the community’s vision. While it is not uncommon for private property owners to apply for General Plan Amendments, it is uncommon that objective or specific development restrictions like those in Policies LU-E-1 ‘a’ and ‘b’ are in a General Plan in the first place.
Approval of the Planning Commission’s recommendation to eliminate the policies will allow homes a consistent process for varying from specific development standards instead of having to undergo an extensive and costly General Plan amendment process.
Environmental Determination
In accordance with the California Environmental Quality Act (CEQA), staff prepared an Initial Study for the project. After completion of the initial study, staff found that there is no substantial evidence, in light of the whole record, that the project may have a significant effect on the environment, that the preparation of an Environmental Impact Report is not necessary, and no mitigation is required. Therefore, a Negative Declaration (pursuant to
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Public Resources Code Section 21000 et seq., and CA Code of Regulations Title 14 Section 15000 et seq.) was prepared for the project (Attachment 5). Adoption of the Resolution provided as Attachment 1 would effect the Council’s adoption of this Negative Declaration.
Conclusion and Recommendation
The Planning Commission recommends the elimination of Policies LU-E-1 ‘a’ and ‘b’ from the General Plan Land Use Element Planning Area ‘E’, on the basis that the change would be internally consistent with the General Plan, would not be detrimental to the public health, safety, or welfare of the city, and is in compliance with CEQA. Staff recommends that the Council adopt a Resolution (Attachment 1) approving the amendment and adopting the Negative Declaration.
FISCAL IMPACT:
There is no direct fiscal impact as a result of staff’s recommended action. The cost of the process to amend the General Plan is accounted for by the application fees received from the Applicant.
ALTERNATIVES:
1. Modify the Planning Commission’s recommendation, and then approve the GP/LCP Amendment.
2. Do not accept the Planning Commission recommendation; deny the GP/LCP Amendment. Should the Council act to deny the General Plan Amendment, any future development in the St. Andrews Tract would continue to be required to comply with Policies LU-E-1 ‘a’ and ‘b’.
3. Provide alternative direction to staff.
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: Modified General Plan Policy Exhibit
2. St. Andrews Tract Diagram
3. March 22, 2022 Planning Commission Resolution PC-R-2022-008
4. March 22, 2022 Planning Commission Minutes
5.Initial Study/Negative Declaration (online attachment only; available in the Access Pismo public records portal at www.pismobeach.org/accesspismo1) Prepared by: Meeting Date: April 19, 2022
Megan Martin, Planning Manager
Submitted by: Matthew Downing, Community Development Director Assistant City Manager Approval:
1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=421689&dbid=0&repo=Laserfiche
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RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA APPROVING A GENERAL PLAN/LOCAL COASTAL PROGRAM
AMENDMENT TO THE CITY OF PISMO BEACH LAND USE ELEMENT PLANNING AREA ‘E’ (ST. ANDREWS TRACT) TO ELIMINATE DEVELOPMENT RESTRICTIONS IMPOSED BY POLICIES LU-E-1 ‘A’ AND ‘B’; AND ADOPTING A NEGATIVE
DECLARATION
WHEREAS, on March 22, 2022, the Planning Commission duly considered the application of Richard E. Mittry, Mittry Family Trust, for a General Plan/Local Coastal Program Amendment (Project P21-000054) to modify the St. Andrews Tract Policies LU- E-1 ‘a’ and ‘b’ to allow a new single-family residence to be constructed at 171 Naomi Avenue; and
WHEREAS, following consideration of staff analysis and testimony by the applicant and members of the public, the Planning Commission recommended the City Council approve a General Plan/Local Coastal Program Amendment to eliminate Land Use Element Planning Area ‘E’ Policies LU-E-1 ‘a’ and ‘b’; and
WHEREAS, the City Council held a duly-noticed public hearing on April 19, 2022 on the General Plan/Local Coastal Program Amendment, at which all interested persons were given the opportunity to be heard; and
WHEREAS, the City Council finds, after due study, deliberation, and public hearing that, the following circumstances exist:
A. FINDINGS FOR AMENDMENTS TO THE GENERAL PLAN/LOCAL COASTAL PROGRAM:
1. Policy LU-E-1 ‘a’ and ‘b’ of the General Plan/Local Coastal Program Land Use Element, Planning Area ‘E’ (St. Andrews Tract) were adopted in 2012 with limited public dialogue and resulted in several existing two-story single-family residences within the tract becoming legal non-conforming with the second-story stepback requirements of Policy LU-E-1 ‘b’.
2. The proposed amendments are internally consistent with the remainder of the General Plan and Local Coastal Program. The modifications will allow for single- family residences to be developed in conformance with the implementing ordinance (Section 17.102.020 of the 1983 Zoning Code) which implements the goals and policies of the General Plan and Land Use Element. The modifications will also allow for the two-story single-family residences to be developed with second-story stepbacks consistent with the implementing ordinance and existing pattern of development in the St. Andrews Tract. As such, the language change will not alter the residential character of the St. Andrews Tract, and the Tract will Attachment 1
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continue to be developed in a manner consistent with the density standards of the General Plan and the neighborhood.
3. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city. The amendment would defer land use limitations in the St. Andrews Tract to the implementing ordinance. This change would allow residences within the tract to be constructed with front setbacks in compliance with the implementing ordinance (Section 17.102.020 of the 1983 Zoning Code), and will allow for two-story residences in the tract to be developed with second-story stepbacks consistent with the implementing ordinance and existing development in the St. Andrews Tract. The change would not be detrimental to the public interest, health, safety, convenience, or welfare of the city as properties will be developed or redeveloped consistent with the 1983 Zoning Code, Building Code, and other applicable state and federal laws to ensure protection of the health, safety, and welfare of the neighborhood and city’s residents and conform to the existing pattern and character of development in the St. Andrews Tract.
4. The St. Andrews Tract is physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the anticipated land use development and is largely built out. The proposed amendment would not result in any land use limitations or cause an effect of land use in the Tract as the Tract will remain a single-family neighborhood. Right-of- way, public access, and all improvements in the neighborhood are established.
5. With adoption of the Negative Declaration, the proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby adopts the General Plan/Local Coastal Program Amendment P21-000054 to eliminate Planning Area ‘E’ Policies LU-E-1 ‘a’ and ‘b’, as depicted in Exhibit A, attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby adopts the Negative Declaration with the above findings, which is incorporated herein by this reference.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 19th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Attachment 1
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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
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St. Andrews Tract
Planning Area E
Background
The St. Andrews Planning Area is almost completely developed with single-family homes, apartments and a city fire station.
The ocean frontage consists of single family residences and Memory Park. These homes are adjacent to highly erodible cliffs, with rocky shoreline and small pocket beaches below. During low tide there are small beaches accessible to the public.
There is a bluff top access from Naomi Avenue dedicated to the city and connected to a city easement south of the planning area in the Spindrift Planning Area. This access leads to a spectacular viewpoint, which is under private ownership. There is a public access easement from Seacliff to Spyglass Park in the adjacent Spyglass Planning area.
Policies
LU- Concept
E-1
The St. Andrews Tract Planning Area shall be retained as a residential neighborhood with Low and High Density residential uses. The focus is on conserving the existing housing stock and assuring that home additions and replacements are compatible with the scale and character of the existing development.
Attachment 1.A
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LU- Bluff Setback and Protection
E-2
The bluff top setback for development shall exceed the Policy S-3 and Coastal Zone Code Section 17.078.050 requirement for a 100 year bluff retreat with the addition of a 10’ buffer . The minimum bluff top setback shall be no less than 25 feet from the top of the bluff. A geology study and report shall be required for any development near the top of the bluff and a greater setback may be required based on the findings of the report. Appropriate erosion control measures shall be required for any project along the blufftops and shall specify methods for maintenance.
LU- Viewpoint Marking
E-3
The bluff-top access from Naomi Street and the Memory Park area should be clearly signed for public coastal viewing access.
LU- Seacliff Drive Access
E-4
The sign marked "Public Pedestrian and Bicycle Access - No Vehicles" directing bicyclists and pedestrians to a narrow road behind Coburn shall be maintained. The existing sign shall be revised to note beach viewing access and Spyglass Park. When beach access from Spyglass park is completed, a beach access sign shall also be added to this location.
LU- Sidewalk Improvements
E-5
The sidewalk on Shell Beach Road between Seacliff and Coburn shall be improved for a minimum width of 5’ for safe pedestrian and handicapped access.
LU- Beach access to Memory Park
E-6
The City shall consider opportunities for beach access to Memory Park.
Attachment 1.A
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Planning Area ‘E’ (St. Andrews Tract)
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Pismo Beach Planning Commission Minutes March 22, 2022
Adopt a Resolution approving Project P21-000055 for a Coastal Development Permit and Architectural Review Permit for the demolition of an existing residence, construction of a new 3,728 square-foot two-story single-family residence and adopting Categorical Exemption No. 2021-024.
Presenting Staff:
Michael Gruver, Associate Planner
Public Hearing/Call for Public Comment:
Public comment received via email from the following: Effie McDermott The following commented:
Scott Martin, RRM / Applicant Representative, commented (in-person) Craig Cummings, commented (via zoom)
Action:Adopt a Resolution approving Project P21-000055 for a Coastal Development Permit and Architectural Review Permit for the demolition of an existing residence, construction of a new 3,728 square-foot two-story single- family residence and adopting Categorical Exemption No. 2021-024.
Motion: Van Rozeboom
Second: Wills
Vote:The motion passed on the following vote:
Ayes: 5 Van Rozeboom, Wills, Oberhelman, Malone Prichard, Jones.
Noes: 0 None
Absent: 0 None
Abstain: 0 None
Recused: 0 None
LEGISLATIVE RECORD:Resolution No. PC-R-2022-007 adopted.
Item 8.B: CONTINUED CONSIDERATION OF GENERAL PLAN/LOCAL COASTAL
PROGRAM AMENDMENT TO THE CITY OF PISMO BEACH LAND USE
ELEMENT PLANNING AREA ‘E’ (ST. ANDREWS TRACT) TO MODIFY THE DEVELOPMENT RESTRICTIONS IMPOSED BY POLICY LU-E-1 'A' AND 'B' ON THE SUBJECT PROPERTY LOCATED AT 171 NAOMI AVENUE;
AND, A REQUEST FOR A COASTAL DEVELOPMENT PERMIT AND
ARCHITECTURAL REVIEW PERMIT TO ALLOW FOR THE DEMOLITION
OF AN EXISTING SINGLE FAMILY RESIDENCE AND CONSTRUCTION OF
A NEW SINGLE-FAMILY RESIDENCE, ORNAMENTAL LANDSCAPING,
DECKING, AND LAP POOL; AND CONSIDERATION OF A NEGATIVE
DECLARATION. THE PROJECT IS LOCATED WITHIN THE ST. ANDREWS TRACT PLANNING AREA AND R-1 (SINGLE-FAMILY RESIDENTIAL, 1983 CODE) ZONING DISTRICT. THE PROJECT IS WITHIN THE COASTAL Attachment 4
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Pismo Beach Planning Commission Minutes March 22, 2022
ZONE AND IS APPEALABLE TO THE CALIFORNIA COASTAL
COMMISSION. APN 010-501-005. (MARTIN).
Recommendation:
Adopt a Resolution recommending approval to the City Council of amendments to the General Plan/Local Coastal Program Land Use Element Planning Area ‘E’ (St. Andrews Tract) to modify Policy LU-E-1 'a' and 'b' for the subject property at 171 Naomi Avenue (P21-000054), and approving Project P21-000015 for a Coastal Development Permit and Architectural Review Permit for the demolition of an existing residence, construction of a new 3,648- square-foot two-story single-family residence; and adopting a Negative Declaration.
Presenting Staff:
Megan Marin, Planning Manager
Matthew Downing, Community Development Director
Public Hearing / Call for Public Comment:
Public comment received via email from the following: Adam Werner, Brian Kreowski, David Jewell, Effie McDermott, John Frady, Jennifer McGettigan, Keone Kauo,Loch Soderquist,Mark Burnes,Michelle Benson, Michael Moore, Frances Romero, Richard Loughead, Ron Penir, Scott Newton.
The following commented:
Frances Romero, Applicant Representative, commented (in-person).
Keone Kauo commented (in person).
Adam Werner commented (in-person).
Commissioner Malone Prichard disclosed ex-parte communications with the owner.
Commissioner Wills disclosed ex-parte communications with the property owner.
Action:Adopt a Resolution recommending approval to the City Council of Amendments to the General Plan/Local Coastal Program Land Use Element Planning Area ‘E’ (St. Andrews Tract) by eliminating Policy LU-E-1 'a' and Policy LU-E-1 'b' (Project No. P21—000054); and approving Project No. P21- 000015, for a Coastal Development Permit and Architectural Review Permit for the demolition of an existing residence, construction of a new 3,648- square-foot two-story single-family residence; and adopting a Negative Declaration.
Motion: Malone Prichard
Second: Wills
Attachment 4
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Pismo Beach Planning Commission Minutes March 22, 2022
Vote:The motion passed on the following vote:
Ayes: 5 Malone Prichard, Wills, Oberhelman, Van Rozeboom, Jones Noes: 0 None
Absent: 0 None
Abstain: 0 None
Recused: 0 None
LEGISLATIVE RECORD:Resolution No. PC-R-2022-008 adopted.
9. BUSINESS ITEMS May be reordered and heard prior to Public Hearings None.
10. PLANNING COMMISSION COMMENTS AND REQUESTS
The Commission welcomed Commissioner Oberhelman to the Planning Commission.
11. ADJOURNMENT
At 8:18p.m.
MINUTES APPROVED BY THE PLANNING COMMISSION APRIL 12, 2022.
ATTEST:
____________________
Elsa Perez, CMC
Planning Commission Secretary
Attachment 4
11.A-29Council Agenda 4-19-2022
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #11.B
SUBJECT/TITLE:
APPEAL OF PLANNING COMMISSION APPROVAL OF A COASTAL
DEVELOPMENT PERMIT TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AT 171 NAOMI AVENUE (P21-000015); THE PROJECT IS LOCATED IN THE COASTAL
APPEAL ZONE AND IS APPEALABLE TO THE CALIFORNIA COASTAL COMMISSION; APN 010-501-005
RECOMMENDATION:
Adopt a Resolution denying the appeals and upholding the March 22, 2022, Planning Commission approval of a Coastal Development Permit (P21-000015) to demolish an existing single-family residence and construct a new 3,648-square-foot single-family residence at 171 Naomi Avenue, and adopting a Negative Declaration.
BACKGROUND:
On March 22, 2022, the Planning Commission approved a Coastal Development Permit (CDP) and Architectural Review Permit (ARP) for a new 3,648-square-foot, two-story single-family residence at 171 Naomi Avenue (Project P21-000015). As conditioned, the approval was contingent on the City Council’s approval and California Coastal Commission’s (CCC) certification of a General Plan/Local Coastal Program (GP/LCP) amendment to eliminate Land Use Element Policies LU-E-1 ‘a’ and ‘b’, which impose specific development restrictions on Planning Area ‘E’ (St. Andrews Tract), which was considered with the CDP. An amendment is needed in this case because the policies of LU-E-1 limit the Tract and disproportionately affect the subject site.
A timely appeal of the CDP was filed by Tarren Collins (Appellant #1) on March 30, 2022.
A separate appeal of the CDP was timely filed by Adam Werner (Appellant #2) on April 4, 2022. An appeal of the ARP was not filed.
Project Description
The Applicant, Richard E. Mittry, Mittry Family Trust, submitted an application for a CDP and ARP for a new 3,648-square-foot single-family residence. The site is currently developed with a 1,340-square-foot single-story residence that is set back approximately 51 feet from the front property line. The proposed 3,648-square-foot residence is sited approximately 24 feet from the front property line, inconsistent with the existing GP/LCP policy which requires the home to meet the existing front setback of 51 feet (LU-E-1 ‘a’).
As such, a request for a GP/LCP amendment was subsequently filed by the Applicant (Project P21-000054), to modify Policies LU-E-1 ‘a’ and ‘b’ to allow the new residence to be constructed consistent with these modifications.
Following consideration of staff analysis and testimony by the public and the applicant, the Planning Commission unanimously recommended the elimination of Policies LU-E-1 ‘a’ and ‘b’ and conditionally approved the CDP, contingent on the City Council’s approval and CCC’s certification of the GP/LCP Amendment. The Planning Commission also Council Agenda 4-19-2022 11.B-1
approved the ARP, which is not at issue in this appeal. If the GP/LCP Amendment is not approved by the Council and/or not certified by the Coastal Commission, the project will need substantial revisions in order to be approved.
Appeal
Appeals of the Planning Commission approval of the CDP were filed by Tarren Collins and Adam Werner on March 30, 2022, and April 4, 2022, respectively (Appeal 1 and 2; Attachment 2 and 3). The appeals are summarized and analyzed below.
Appeal #1 – Tarren Collins
Basis for the appeal: The proposed project fails to comply with the Coastal Act or the procedures of the California Coastal Commission.
Staff Response and Analysis
The California Coastal Act (Coastal Act) delegates to local governments the power to enact and implement their own local coastal programs (LCPs) upon certification by the CCC that the proposed programs are consistent with the policies and provisions of the statute. LCPs have two components—land use plans and implementation plans (Zoning Code) that are blueprints for the local jurisdiction’s short- and long-term use and protection of coastal resources, which include public access, recreation, water and land habitats, agricultural lands, and scenic assets.
The City maintains a certified LCP which is implemented by the 1983 Coastal Zoning Code (1983 Code). The 1983 Code implements the goals and policies of the LCP through detailed development regulations, such as specific use types and building standards consistent with protection of coastal resources as outlined in the Coastal Act.
Fundamentally, if a proposed project within city boundaries complies with the development regulations as outlined in the Zoning Code and LCP, it is recognized as consistent with the Coastal Act.
The project site is zoned Single-Family Residential (R-1) under the 1983 Code and located in Planning Area ‘E’ (St. Andrews Tract). In accordance with Section 17.018.020 of the 1983 Code, single family residences in the R-1 zone are permitted uses.
Additionally, the property is within the low-density residential land use category which allows for construction of a single-family residence consistent with the density factor of the General Plan. If the Council approves, and the CCC certifies, a GP/LCP Amendment to eliminate the development restrictions imposed upon the St. Andrews Tract by Policy LU-E-1 as recommended by the Planning Commission (refer to Item 11.A of this agenda), the project is consistent with the applicable GP/LCP policies as well as with applicable zoning designation and regulations as analyzed and described in the January 11, 2022 and March 22, 2022 Planning Commission Staff Reports.
Furthermore, City staff consulted with CCC staff to ensure the GP/LCP Amendment and CDP could procedurally be considered together, rather than needing the GP/LCP Amendment to be certified prior to an application for the CDP. Coastal Commission staff stated that the two could run concurrently so long as the approval of the CDP was Council Agenda 4-19-2022 11.B-2
contingent on certification of the GP/LCP. As such, the application for the CDP, and the Planning Commission’s conditional approval of the application, is consistent with the procedures of the LCP and the California Coastal Commission.
Appeal 1 is vague, provides only a minimal basis for appeal as required by Section
17.121.250 of the 1983 Code, and, as discussed in the Findings for Approval of the Coastal Development Permit in the prepared Resolution (Attachment 1), the project is consistent with the Coastal Act, is consistent with the size and character of other homes in the neighborhood, is not detrimental to the health, safety, morals, comfort, and general welfare of those living in the neighborhood, and will not impair the desirability to invest in the neighborhood.
Staff therefore recommends that Appeal 1 be denied.
Appeal #2 – Adam Werner
Basis for the appeal: Appearance of impropriety in the matter of filing and processing the CDP application.
Staff Response and Analysis
Staff has determined that Appeal #2 sets forth no clearly stated issues related to the CDP itself, except for purposes of describing circumstantial events that transpired around the filing and processing of the application.
The application for the CDP has been processed consistent with existing City procedures and the procedures discussed with CCC staff as stated above. While the City is in the process of comprehensively updating the GP/LCP and Zoning Code/Implementation Plan, applicants for General Plan amendments have the option to be included in the City’s process or they can opt to pursue an amendment independent of the update. This is common practice as comprehensive GP/LCP updates can take a prohibitive amount of time to process through Coastal Commission certification when compared to an individual amendment.
Staff therefore recommends that Appeal 2 be denied.
Environmental Determination
In accordance with the California Environmental Quality Act (CEQA), staff prepared an Initial Study for the project. After completion of the initial study, staff found that there is no substantial evidence, in light of the whole record, that the project may have a significant effect on the environment, that the preparation of an Environmental Impact Report is not necessary, and no mitigation is required. Therefore, a Negative Declaration (pursuant to Public Resources Code Section 21000 et seq., and CA Code of Regulations Title 14 Section 15000 et seq.) for the project was prepared (Attachment 7). Adoption of the Resolution provided as Attachment 1 would effect the Council’s adoption of this Negative Declaration.
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Conclusion and Recommendation
If the Council approves, and the CCC certifies, the GP/LCP Amendment to eliminate the development restrictions imposed upon the St. Andrews Tract by Policy LU-E-1, the proposed residence would be developed in compliance with the R-1 zoning standards of the 1983 Code and all other applicable development standards. Staff finds no actionable concerns in the appeals presented by the Appellants and finds the project consistent with the City’s LCP.
It is recommended that the City Council adopt the Resolution denying the appeals of Tarren Collins and Adam Werner and upholding the March 22, 2022, decision of the Planning Commission (PC-R-2022-008) to approve the CDP associated with Project No.
P21-000015, based on the findings set forth in Attachment 1. Adoption of this Resolution will also effect approval of the Negative Declaration associated with this project.
FISCAL IMPACT:
None. There is no direct fiscal impact as a result of staff’s recommended action.
ALTERNATIVES:
1. Uphold either or both of the appeals, overturn the Planning Commission’s approval, and direct staff to return with a resolution setting forth appropriate findings for denial of the project;
2. Provide alternative direction to staff.
ATTACHMENTS:
1.Resolution
2.Appeal #1 – Tarren Collins
3.Appeal #2 – Adam Werner
4.March 22, 2022, Planning Commission Resolution PC-R-2022-008
5.March 22, 2022, Planning Commission Minutes
6.March 22, 2022, Planning Commission Staff Report (online only; available in the Access Pismo public records portal at www.pismobeach.org/accesspismo1)
7.Initial Study/Negative Declaration (online attachment only; available in the Access Pismo public records portal at www.pismobeach.org/accesspismo2) Prepared by: Meeting Date: April 19, 2022
Megan Martin, Planning Manager
Submitted by: Matthew Downing, Community Development Director Assistant City Manager Approval:
1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=417402&dbid=0&repo=Laserfiche 2 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=421689&dbid=0&repo=Laserfiche Council Agenda 4-19-2022 11.B-4
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA DENYING THE APPEALS AND UPHOLDING THE MARCH 22, 2022,
PLANNING COMMISSION APPROVAL OF A COASTAL DEVELOPMENT PERMIT (P21-000015) TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW 3,648-SQUARE-FOOT SINGLE-FAMILY RESIDENCE AT 171
NAOMI AVENUE, AND ADOPTING A NEGATIVE DECLARATION
WHEREAS, on March 22, 2022, the Planning Commission duly considered the application of Richard E. Mittry, Mittry Family Trust, for a Coastal Development Permit and Architectural Review Permit (Project P21-000015) to demolish an existing single- family residence and construct a new 3,648-square-foot single-family residence at 171 Naomi Avenue; and
WHEREAS, following consideration of staff analysis and testimony by the applicant and members of the public, the Planning Commission conditionally approved P21-000015, contingent on the City Council’s approval and California Coastal Commission’s certification of a General Plan/Local Coastal Program amendment to eliminate development restrictions imposed on Planning Area ‘E’ (St. Andrews Tract) as defined in the City’s Land Use Element (Project P21-000054); and
WHEREAS, on March 30, 2022, Tarren Collins filed a timely appeal of the Planning Commission’s approval of the Coastal Development Permit; and
WHEREAS, on April 4, 2022, Adam Werner filed a timely appeal of the Planning Commission’s approval of the Coastal Development Permit; and
WHEREAS, the City Council held a duly-noticed public hearing on April 19, 2022, at which all interested persons were given the opportunity to be heard; and
WHEREAS, the City Council finds, after due study, deliberation, and public hearing that the following circumstances exist:
A. FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
1. The City Council has considered the Initial Study and Negative Declaration dated December 8, 2021 (State Clearinghouse No. 2021120183) and all comments received during the public review period and finds in its independent judgement that there is no substantial evidence that the project may have a significant effect on the environment, and the preparation of an Environmental Impact Report is not necessary. Therefore, the City Council finds the Project will not have a significant environmental effect.
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2. Provided the California Coastal Commission certifies the General Plan/Local Coastal Program Amendment to eliminate Policies LU-E-1 ‘a’ and LU-E-1 ‘b’ for Planning Area ‘E’ (St. Andrews Tract), the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations because the project is in the low- density residential land use category within the R-1 zoning designation which allows for construction of single-family residences consistent with the density factor of the general plan.
3. The proposed development occurs within city limits on a project site of no more than five acres and is surrounded by similar or comparable residential uses.
4. The project site has no value as habitat for endangered, rare, or threatened species because the site is currently developed with an existing single-family residence and ornamental landscaping.
5. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality because the project, as conditioned, is consistent with all applicable zoning code and California building code standards.
6. The site can be adequately served by all required utilities and public services.
B. FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT:
1. The project improvements comply with the public access and public recreation policies of Chapter 3 (commencing with Section 30220) of the California Coastal Act of 1976.
2. The demolition of an existing 1,340-square-foot-residence and construction of a 3,648-square-foot single-family residence is appropriate in size so as to be compatible with the adjacent residences and structures as the proposed development falls within the range of other similar residences in the surrounding neighborhood.
3. The architectural and general appearance of the two-story single-family residence is in keeping with the character of the neighborhood as the architectural style, building materials, and massing are similar to and compatible with other residences in the neighborhood.
4. Provided the California Coastal Commission certifies the General Plan/Local Coastal Program Amendment to eliminate Policies LU-E-1 ‘a’ and LU-E-1 ‘b’ for the St. Andrews Tract, the proposed development is consistent with the General Plan, Local Coastal Plan and General Plan Land Use Plan category of Low-Density Residential (R-1).
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5. The proposed development is compatible with the nearby existing uses and not detrimental to the health, safety, morals, comfort, and general welfare of persons living or working in the surrounding area of the proposed project because the proposed use includes the development of a new single-family residence and attached accessory dwelling unit, where other single-family residences exist in the immediate neighborhood.
6. The proposed development will not be detrimental to the orderly development of improvements in the surrounding area and will not be detrimental to the orderly and harmonious development of the city because the proposed use is similar to other residential development in the immediate neighborhood.
7. The proposed development will not impair the desirability of investment or occupation in the neighborhood because the proposed use is similar to other residential development in the immediate neighborhood and maintains a similar scale and character to other development in the same R-1 zone.
8. The proposed project will not significantly alter existing natural landforms because the project site does not contain prominent natural landforms.
9. The height, bulk, and scale of the proposed development is compatible with the adjacent area and with the surrounding views and other Local Coastal Program Land Use Plan considerations as designed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby denies the appeals and upholds the Planning Commission’s March 22, 2022, approval of Coastal Development Permit P21-000015, subject to the conditions as set forth in Exhibit A, attached hereto and incorporated herein by this reference.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby adopts the Negative Declaration with the above findings, which is incorporated herein by this reference.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 19th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
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Council Agenda 4-19-2022 11.B-7
EXHIBIT A
CITY OF PISMO BEACH CONDITIONS OF APPROVAL
PLANNING COMMISSION MEETING OF MARCH 22, 2022
PERMIT NO. P21-000015, CDP / ARP
LOCATION: 171 NAOMI AVENUE, APN: 010-501-005
The conditions set forth in this permit affect the title and possession of the real property that is the subject of this permit and shall run with the real property or any portion thereof.
All the terms, covenants, conditions, and restrictions herein imposed shall be binding upon and inure to the benefit of the owner and applicant, his or her heirs, administrators, executors, successors and assigns. Upon any sale, division or lease of real property, all the conditions of this permit shall apply separately to each portion of the real property and the owner (applicant, developer) and/or possessor of any such portion shall succeed to and be bound by the obligations imposed on owner (applicant, developer) by this permit.
AUTHORIZATION: Subject to the conditions stated below and to City Council adoption and Coastal Commission certification of General Plan/Local Coastal Program amendment to eliminate Policy LU-E-1 ‘a’ and ‘b’ (P21-000054), approval of Permit P21- 000015 grants planning permits for the demolition of an existing residence and construction of a new two-story single-family residence as shown on the approved plans with City of Pismo Beach stamp of April 14, 2022. Approval is granted only for the construction and use as herein stated; any proposed changes shall require approval of amendments to these permits by the City of Pismo Beach.
EFFECTIVE DATE: This permit shall become effective only upon City Council adoption and Coastal Commission certification of the General Plan/Local Coastal Program amendment to eliminate Policy LU-E-1 ‘a’ and ‘b’ for the subject property at 171 Naomi Avenue (P21-000054) and upon the approval of this permit by the California Coastal Commission, provided that an appeal has not been filed to the California Coastal Commission within the 10 day appeal period following filing of a complete final local action notice. The filing of an appeal shall stay the effective date until an action is taken on the appeal.
EXPIRATION DATE: The applicant is granted two years for inauguration (i.e. building permits issued and construction begun) of this permit. The permits will expire on April 19, 2024, unless inaugurated prior to that date. Time extensions are permitted pursuant to Zoning Code Section 17.121.160 (2).
ACCEPTANCE OF PERMIT AND CONDITIONS: The property owner and the applicant (if different) shall sign these Conditions within ten (10) working days of receipt; the permit is not valid until signed by the property owner and applicant.
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COMPLIANCE AGREEMENT: I have read and understood, and I will comply with all applicable requirements of any law or agency of the State, City of Pismo Beach, and any other governmental entity at the time of construction. The duty of inquiry as to such requirements shall be my responsibility. I agree to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from any claim, action, or proceeding against the City as a result of the action or inaction by the City, or from any claim to attack, set aside, void, or annul this approval by the City of the project; or my failure to comply with conditions of approval. This agreement shall be binding on all successors and assigns.
I HAVE READ AND UNDERSTOOD, AND I WILL COMPLY WITH ALL ATTACHED
STATED CONDITIONS OF THIS PERMIT
Approved by the City Council on April 19, 2022.
__________________________________ _______________________ Owner/Applicant Date
__________________________________ _______________________ Owner/Applicant Date
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Council Agenda 4-19-2022 11.B-9
CONDITIONS, POLICIES, AND SELECTED CODE REQUIREMENTS FOR PROJECT NO. P21-000015
171 NAOMI AVENUE, APN 010-501-005
Conditions as indicated below have been deemed to be of a substantive nature on the basis of the Planning Commission’s decision. These conditions cannot be altered without Planning Commission approval.
A. CONDITIONS TO BE MET PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
BUILDING DIVISION
1. All construction shall conform to the edition of the applicable California Building Code (CBC) or California Residential Code (CRC), the California Plumbing Code, the California Mechanical Code, the California Electrical Code, the California Energy Code, and the California Green Building Standards Code, including City of Pismo Beach amendments, in effect when an application for a construction permit is submitted to the Building Division.
2. An application for a Building Permit remains valid for 365 days after the date of filing.
If a permit is not issued by this date, the application shall expire. In order to renew action on an application after expiration, the applicant must confirm that Planning approvals remain valid and then submit a new application, plans and documentation and pay a new plan review fee.
3. All required documents essential to the design of the project shall be submitted with the construction permit application. No deferred submittals, such as truss details, fire sprinkler plans, metal fabrication drawings, etc., are allowed.
4. City of Pismo Beach policy requires a soils investigation for all new buildings and additions where the new floor area will exceed 500 square feet. The soils engineer shall evaluate soils in the area of the proposed structure and offer appropriate recommendations. The soils report shall be unique to this lot and current (dated less than 2 years prior to permit application date) and submitted with the building permit application.
5. Underground electric service conductors are required.
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Council Agenda 4-19-2022 11.B-10
6. The location of this project is in a noise critical area identified by the Noise Element of the City’s General Plan. Interior community noise equivalent levels (CNEL) with windows closed, attributed to exterior sources shall not exceed an annual CNEL of 45 dB in any habitable room. Provide an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit. The report shall show:
Topographical relationship of noise sources and dwelling site. Identification of noise sources and their characteristics, predicted noise spectra at the exterior of the proposed dwelling structure considering present and future land usage.
Basis for the prediction (measured or obtained from published data), noise attenuation measures to be applied, and an analysis of the noise insulation effectiveness of the proposed construction showing that the prescribed interior noise level requirements are met.
If interior allowable noise levels are met by requiring that windows be non- openable or closed, the design for the structure must also specify the means that will be employed to provide ventilation to provide a habitable interior environment.
7. Provide a photovoltaic (PV) system meeting the minimum requirements specified in Section 150.1(c)14 of the CA Energy Code, with an annual electrical output equal to or greater than the dwelling’s annual usage. Provide a calculation on plan sheet and show location of PV system on roof plan and elevation views. Note on plans that a separate permit is required for the PV system. Submit a separate permit application and complete plans for the PV system. Deferred submittals are not allowed; the permit for the PV system shall be issued concurrent with the building permit for the residence.
8. All conditions of the Planning Permit, such as required lot mergers, a required subdivision map, public improvement design documents, mitigation measures and any other requirement of the City shall be completely satisfied prior to Building Permit issuance for the project. No building permits for a part of the overall project will be considered, such as early grading, foundation only, partial demolition, etc.
9. A separate permit is required to demolish each existing structure on the site as necessary to allow the new project to proceed.
PLANNING DIVISION
10. COMPLIANCE WITH GENERAL PLAN AMENDMENT P21-000054. Prior to the issuance of a building permit, the Project Planner shall confirm that the plan set and building elevations are in compliance with the General Plan, including the General Plan/Local Coastal Program amendment to eliminate Policy LU-E-1 ‘a’ and ‘b’ for the subject property at 171 Naomi Avenue (P21-000054) if such amendment is adopted by City Council and certified by the California Coastal Commission.
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ENGINEERING DIVISION
14. Engineering standard conditions (notes): Shall be placed on the plans at time of submittal. A copy may be obtained through the Engineering Department.
15. Project improvements shall be designed and constructed in accordance with City standards and specifications and in accordance with all applicable City Ordinances. The decision of the City Engineer shall be final regarding the specific standards that shall apply.
16. Appropriate City standards shall be referred to on the plans and shall be included on a detail sheet within the plan set.
17. Encroachment Permits are required prior to any/all work in the public right of way. City Streets are to remain open to through traffic at all times. A traffic control plan shall be submitted to the Engineering Division for approval prior to detours or rerouting of traffic. Excavation within the streets shall be covered or backfilled and paved prior to the end of work each day. No temporary or long term parking, storage, or disposal of construction equipment or materials within the right-of-way shall occur without prior issuance of an encroachment permit.
18. A waiver shall be obtained for any excavation in the roadway per the Pavement Cut Ordinance (O-2018-003) prior to issuance of a Building Permit. If a waiver is granted, the roadway shall be repaired in accordance with the guidelines included in the Pavement Cut Ordinance. Naomi Avenue is under a pavement cut moratorium until February 7, 2022. The road is paved in rubberized asphalt. Street repair shall be approved by the City Engineer.
19. The City Engineering Division shall approve any landscaping or irrigation within a public right of way. All landscaping shall be maintained by the homeowner.
20. The applicant shall provide a current title report to the Engineering Division.
21. Driveways and driveway approaches shall be located and constructed per City of Pismo Beach standards. Profiles shall be provided for all interior driveways.
22. The Owner and/or owner’s contractor are to take precaution against damaging road surfaces. Note: The existing street sections adjacent the property may be substandard and may be subject to damage by heavy loading/equipment during construction. The owner is responsible for protection against and/or repair of, at owner’s expense, any/all damage incurred during and/or due to construction.
23. Erosion and Drainage control features are to be available to be placed in the event of rain or other erosive action to prevent any sediment or refuse from leaving the site. Erosion control devices shall be installed and in place following daily construction activities. The applicant shall notify the Engineering Division of any changes in Council Agenda 4-19-2022 11.B-13
construction which will require additional erosion control measures. No Building Permits will be issued without prior approval of the Engineering Division and an approved erosion and sediment control plan and construction schedule. Erosion control measures shall be in place and approved by the Engineering Division prior to the start of construction.
Grading and Drainage Plans
24. A Preliminary Soils and/or Geology Report providing technical specifications for grading of the site shall be prepared by a Geotechnical Engineer.
25. All grading and drainage improvements shall be designed and constructed in accordance with the City Grading Ordinance and subject to approval by the City Engineer.
26. The project shall conform to the City’s Storm Water Discharge Ordinance.
27. Post Construction Requirements: In order for the proposed development to maintain conformance with the City’s Regional Stormwater Permit, implementation of Low Impact Development (LID) source control, site design, and stormwater treatment onsite or at a joint stormwater treatment facility shall be required. The stormwater design shall be submitted for review and approval by the City Engineer and in addition shall provide mitigation for post development runoff versus pre-development runoff. A Stormwater Control Plan application shall be submitted.
28. A Water Pollution Control Plan (WPCP) shall be submitted.
29. Calculations and/or a drainage report must be submitted with the plans.
30. The applicant shall submit a composite utility plan.
31. Landscape and irrigation plans in the public right-of-way shall be incorporated into the improvement plans and shall require approval by the Public Works Department and the Community Development Department.
32. An Erosion and Drainage Control Plan shall be submitted in accordance with the City Grading Ordinance. The plan shall reflect “Best Management Practices” as proposed in the California Regional Water Quality Control Board Erosion and Sediment Control Field Manual and shall include both temporary measures (to be used during construction, and until permanent measures are completed/established) and permanent measures. Plan shall include both source control and perimeter containment measures. All Drainage and Erosion Control Measures shall be designed and/or sized by a qualified professional.
33. A Storm Water Pollution Prevention Plan per the State General Permit for Storm Water Discharges Associated with Construction Activity shall be provided for any site that disturbs greater than or equal to one acre, including projects that are less than one Council Agenda 4-19-2022 11.B-14
acre that are part of a larger plan of development or sale that would disturb more than one acre.
Utilities
34. The applicant shall install all utilities.
35. All utilities shall be extended to the boundaries of the project.
36. Sewer System Requirements
a. Applicant is required to show the existing location of the Sewer Main in the street and location of the sewer lateral, if existing, on the plans. If no lateral exists or existing lateral is in poor condition, then applicant is responsible for all costs, materials and labor for the installation of a new lateral. If existing sewer lateral is to be utilized, the applicant must have a video inspection performed of the sewer lateral to confirm the condition and material of the lateral and provide the Public Works department with a copy of the video for review. Show size and type of all sewer lines.
37. Water System Requirements
a. Applicant is required to show the existing location of the Water Main in the street and location of the existing water lateral, if existing, on the plans. The size of the proposed lateral and proposed water meter shall be shown on the plans. If existing lateral is inadequate for the proposed water meter, then applicant is responsible for all costs, materials and labor for the installation of a new water lateral. Show size and type of all water lines. Minimum water lateral and meter size is 1”.
38. All wire utility services to the project shall be located underground.
B. CONDITIONS TO BE MET DURING CONSTRUCTION:
BUILDING DIVISION
1. SITE MAINTENANCE. During construction, the site shall be maintained so as to not infringe on neighboring property, such as debris and dust.
PLANNING DIVISION
2. ARCHAEOLOGICAL MATERIALS. In the event unforeseen archaeological resources are unearthed during any construction activities, all grading and or excavation shall cease in the immediate area and the find left untouched. The Building Official shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist, Native American, or paleontologist, whichever is appropriate. The qualified professional shall evaluate the find and make recommendations related to the preservation or disposition of artifacts in accordance with applicable laws and ordinances. If discovered archaeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the Building Official shall notify to county coroner. If Council Agenda 4-19-2022 11.B-15
human remains are found to be of ancient age and of archaeological and spiritual significance, the Building Official shall notify the Native American Heritage Commission. The developer shall be liable for costs associated with the professional investigation.
3. Certification of compliance with the soils report shall be submitted to the Building Division prior to foundation approvals. A final report certifying compliance with the soils report or grading plans shall be submitted to the Building Division prior to final approvals.
4. A licensed surveyor or engineer shall verify pad elevations, setbacks, prior to foundation inspection, and roof elevations, prior to roof sheeting inspection, when determined necessary by the Planning Department.
C. CONDITIONS TO BE MET PRIOR TO REQUEST FOR A FRAMING
INSPECTION:
PLANNING DIVISION
1. ROOF HEIGHT. Prior to requesting a framing inspection, a licensed surveyor shall measure and certify the height of the building including anticipated finishing materials.
Height to be certified as shown on approved plans.
D. CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND ISSUANCE OF CERTIFICATE OF OCCUPANCY:
PLANNING DIVISION
1. COMPLETION OF LANDSCAPING. All landscaping and irrigation systems shown on the approved plans shall be installed by the applicant and shall be subject to inspection and approval by the Project Planner prior to the issuance of a Certificate of Occupancy.
BUILDING DIVISION
2. Prior to Building Division final approval, all required inspections from the other various divisions must have been completed and verified by a city inspector.
E. CONDITIONS SUBJECT TO ONGOING COMPLIANCE:
1. ROOF-MOUNTED EQUIPMENT. All roof-mounted air conditioning or heating equipment, vents or ducts shall be screened from view in a manner approved by the Project Planner.
2. COMPLIANCE WITH APPLICABLE LAWS. All applicable requirements of any law or agency of the State, City of Pismo Beach and any other governmental entity at the Council Agenda 4-19-2022 11.B-16
time of construction shall be met. The duty of inquiry as to such requirements shall be upon the applicant.
3. HOLD HARMLESS. The applicant, as a condition of approval, hereby agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from any claim, action, or proceeding against the City as a result of the action or inaction by the City, or from any claim to attack, set aside, void, or annul this approval by the City of the applicant's project; or applicant's failure to comply with conditions of approval. This condition shall be binding on all successors and assigns.
4. The property owner and the applicant (if different) shall sign these Conditions of Approval within ten (10) working days of receipt; the permit is not valid until signed by the property owner and applicant.
F. PLANNING COMMISSION COMMENTS
1. Any significant architectural changes will be subject to Planning Commission review and approval.
-END-
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Pismo Beach Planning Commission Minutes March 22, 2022
Adopt a Resolution approving Project P21-000055 for a Coastal Development Permit and Architectural Review Permit for the demolition of an existing residence, construction of a new 3,728 square-foot two-story single-family residence and adopting Categorical Exemption No. 2021-024.
Presenting Staff:
Michael Gruver, Associate Planner
Public Hearing/Call for Public Comment:
Public comment received via email from the following: Effie McDermott The following commented:
Scott Martin, RRM / Applicant Representative, commented (in-person) Craig Cummings, commented (via zoom)
Action:Adopt a Resolution approving Project P21-000055 for a Coastal Development Permit and Architectural Review Permit for the demolition of an existing residence, construction of a new 3,728 square-foot two-story single- family residence and adopting Categorical Exemption No. 2021-024.
Motion: Van Rozeboom
Second: Wills
Vote:The motion passed on the following vote:
Ayes: 5 Van Rozeboom, Wills, Oberhelman, Malone Prichard, Jones.
Noes: 0 None
Absent: 0 None
Abstain: 0 None
Recused: 0 None
LEGISLATIVE RECORD:Resolution No. PC-R-2022-007 adopted.
Item 8.B: CONTINUED CONSIDERATION OF GENERAL PLAN/LOCAL COASTAL
PROGRAM AMENDMENT TO THE CITY OF PISMO BEACH LAND USE
ELEMENT PLANNING AREA ‘E’ (ST. ANDREWS TRACT) TO MODIFY THE DEVELOPMENT RESTRICTIONS IMPOSED BY POLICY LU-E-1 'A' AND 'B' ON THE SUBJECT PROPERTY LOCATED AT 171 NAOMI AVENUE;
AND, A REQUEST FOR A COASTAL DEVELOPMENT PERMIT AND
ARCHITECTURAL REVIEW PERMIT TO ALLOW FOR THE DEMOLITION
OF AN EXISTING SINGLE FAMILY RESIDENCE AND CONSTRUCTION OF
A NEW SINGLE-FAMILY RESIDENCE, ORNAMENTAL LANDSCAPING,
DECKING, AND LAP POOL; AND CONSIDERATION OF A NEGATIVE
DECLARATION. THE PROJECT IS LOCATED WITHIN THE ST. ANDREWS TRACT PLANNING AREA AND R-1 (SINGLE-FAMILY RESIDENTIAL, 1983 CODE) ZONING DISTRICT. THE PROJECT IS WITHIN THE COASTAL Attachment 5
Council Agenda 4-19-2022 11.B-41
Pismo Beach Planning Commission Minutes March 22, 2022
ZONE AND IS APPEALABLE TO THE CALIFORNIA COASTAL
COMMISSION. APN 010-501-005. (MARTIN).
Recommendation:
Adopt a Resolution recommending approval to the City Council of amendments to the General Plan/Local Coastal Program Land Use Element Planning Area ‘E’ (St. Andrews Tract) to modify Policy LU-E-1 'a' and 'b' for the subject property at 171 Naomi Avenue (P21-000054), and approving Project P21-000015 for a Coastal Development Permit and Architectural Review Permit for the demolition of an existing residence, construction of a new 3,648- square-foot two-story single-family residence; and adopting a Negative Declaration.
Presenting Staff:
Megan Marin, Planning Manager
Matthew Downing, Community Development Director
Public Hearing / Call for Public Comment:
Public comment received via email from the following: Adam Werner, Brian Kreowski, David Jewell, Effie McDermott, John Frady, Jennifer McGettigan, Keone Kauo,Loch Soderquist,Mark Burnes,Michelle Benson, Michael Moore, Frances Romero, Richard Loughead, Ron Penir, Scott Newton.
The following commented:
Frances Romero, Applicant Representative, commented (in-person).
Keone Kauo commented (in person).
Adam Werner commented (in-person).
Commissioner Malone Prichard disclosed ex-parte communications with the owner.
Commissioner Wills disclosed ex-parte communications with the property owner.
Action:Adopt a Resolution recommending approval to the City Council of Amendments to the General Plan/Local Coastal Program Land Use Element Planning Area ‘E’ (St. Andrews Tract) by eliminating Policy LU-E-1 'a' and Policy LU-E-1 'b' (Project No. P21—000054); and approving Project No. P21- 000015, for a Coastal Development Permit and Architectural Review Permit for the demolition of an existing residence, construction of a new 3,648- square-foot two-story single-family residence; and adopting a Negative Declaration.
Motion: Malone Prichard
Second: Wills
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Pismo Beach Planning Commission Minutes March 22, 2022
Vote:The motion passed on the following vote:
Ayes: 5 Malone Prichard, Wills, Oberhelman, Van Rozeboom, Jones Noes: 0 None
Absent: 0 None
Abstain: 0 None
Recused: 0 None
LEGISLATIVE RECORD:Resolution No. PC-R-2022-008 adopted.
9. BUSINESS ITEMS May be reordered and heard prior to Public Hearings None.
10. PLANNING COMMISSION COMMENTS AND REQUESTS
The Commission welcomed Commissioner Oberhelman to the Planning Commission.
11. ADJOURNMENT
At 8:18p.m.
MINUTES APPROVED BY THE PLANNING COMMISSION APRIL 12, 2022.
ATTEST:
____________________
Elsa Perez, CMC
Planning Commission Secretary
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Council Agenda 4-19-2022 11.B-43
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #11.C
SUBJECT/TITLE:
RESOLUTION LEVYING THE 2% ANNUAL ASSESSMENT FOR THE PISMO BEACH LODGING BUSINESS IMPROVEMENT DISTRICT (LBID) FOR FISCAL YEAR 2023:
JULY 1, 2022 THROUGH JUNE 30, 2023
RECOMMENDATION:
1. Open public hearing; accept protests, if any, to the proposed assessments; close public hearing;
2. Adopt a Resolution levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2023: July 1, 2022 through June 30, 2023.
EXECUTIVE SUMMARY
At its April 5, 2022 Meeting, the City Council adopted Resolution No. R-2022-022 approving the Conference Visitors Bureau (CVB)/LBID Advisory Board’s Annual Report for Fiscal Year (FY) 2023; declaring the Council’s intention to levy an annual assessment of 2% on gross lodging revenues from transient rentals in the District; and setting a public hearing for April 19, 2022 to consider levying the assessment. The Resolution of Intention and accompanying Exhibit A: CVB/LBID Advisory Board Annual Report for FY 2023 was published in the New Times on April 7, 2022 and mailed to all lodging properties within the city on April 7, 2022. After the public hearing, the Council may consider adoption of a Resolution levying the LBID assessment for Fiscal Year FY 2023.
The primary purpose of this agenda item is to hold that public hearing to hear all interested persons and receive any protests. If written protests are received from lodging operations in the district proposed to pay fifty percent (50%) percent or more of the annual assessment, no further proceedings to impose the levy of assessments shall take place during the ensuing fiscal year. If protests received do not represent 50% or more, the Council may proceed to adopt the subject Resolution (Attachment 1) confirming the Updated CVB/LBID Advisory Board’s Annual Report for FY 2023, and levying the LBID assessment for FY 2023.
The CVB/LBID Advisory Board’s Annual Report for FY 2023 is provided as Attachment
1.A to this staff report.
11.C-1Council Agenda 4-19-2022
Recommendation
Staff recommends that Council:
Open the public hearing; accept protests, if any, to the proposed assessments; close the public hearing;
Adopt a Resolution levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District (LBID) for FY 2023: July 1, 2022 through June 30, 2023.
FISCAL IMPACT:
If the proposed FY 2023 Annual Report is approved, it is estimated that a 1% LBID annual assessment for FY 2023 will generate $1,606,930 in LBID Assessment Revenues in FY 2023 which, after $135,381 of administrative expenses, could be used to promote the lodging businesses in Pismo Beach. These costs could, in turn, generate transient occupancy tax revenues and other revenues for the City and related agencies.
In addition, the 1% LBID annual assessment for FY 2023 for physical improvements is estimated to generate the same $1,606,930, of which $1,077,042 is scheduled to be transferred to the Motor Vehicle Replacement Fund to support the loan repayment for the Pier Plaza and Pismo Preserve physical improvements.
Not passing this or a similar Resolution would preclude the Council from setting an Annual Assessment for the LBID for FY 2023, and thus preclude the LBID from generating an estimated $3,213,860 in Assessment Revenues in FY 2023, which could be used to promote the lodging businesses in Pismo Beach.
ALTERNATIVES:
1. Do not adopt the Resolution; do not levy an assessment in FY 2023.
2. Provide staff with other direction.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: CVB/LBID Advisory Board Annual Report for FY 2023
Prepared by: Meeting Date: April 19, 2022
Nadia Feeser, Administrative Services Director
Assistant City Manager Approval:
11.C-2Council Agenda 4-19-2022
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA LEVYING AN ANNUAL ASSESSMENT FOR THE PISMO BEACH LODGING BUSINESS IMPROVEMENT DISTRICT (LBID) FOR FISCAL YEAR 2023:
JULY 1, 2022 THROUGH JUNE 30, 2023
WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.) authorizes cities to establish parking and business improvement areas for the purpose of imposing assessments on businesses for certain purposes; and
WHEREAS, the Pismo Beach City Council established the Pismo Beach Lodging Business Improvement District ("the District", "PBLBID", or "LBID") by the adoption of Ordinance No. O-2009-08; and
WHEREAS, as required by the California Streets and Highways Code Section 36533, the Pismo Beach Conference and Visitors Bureau/LBID Advisory Board has submitted an Annual Report to Council that outlines the activities of the District proposed for Fiscal Year (FY) 2023 (attached as Exhibit A), which was accepted by the City Council on April 5, 2022; and
WHEREAS, on April 19, 2022, the City Council conducted a public hearing to consider any protests against the levy of an annual assessment for the District, and such protests constituted less than fifty percent of the businesses to be assessed; and WHEREAS, pursuant to California Streets and Highways Code Section 36535(d), the City Council may adopt a resolution continuing the District and assessments from the current fiscal year without change.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach as follows:
Section 1. The City Council hereby approves the Annual Report for FY 2023, as submitted to the City Clerk by the CVB/LBID Advisory Board.
Section 2. Pursuant to the provisions of Section 36500 et seq. of the California Streets and Highways Code, City Council levies an annual assessment for the Lodging Business Improvement District for FY 2023. The assessment shall be calculated based upon 2% of the gross lodging revenues, as that term is defined in Pismo Beach Municipal Code Section 3.26.020(D).
Section 3. This Resolution is effective on its adoption.
11.C-3Council Agenda 4-19-2022
Attachment 1
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 19th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
11.C-4Council Agenda 4-19-2022
Attachment 1
Pismo Beach Lodging Business Improvement District
Updated Annual Report and Business Plan for FY 2022-2023
Presented to the Pismo Beach City Council By the City Conference & Visitors Bureau / Lodging Business Improvement District Advisory Board
The City of Pismo Beach’s Conference & Visitors Bureau (CVB)/ Lodging Business Improvement District (LBID) Advisory Board at its meeting on March 16, 2022, completed its Pismo Beach Lodging Business Improvement District Updated Annual Report and Business Plan as required by Section 3.26.060 of the Pismo Beach Municipal Code.
Regarding the requirements for the Annual Report, as stated in Section 36533 of the California Streets and Highways Code:
1. The Pismo Beach Lodging Business Improvement District (LBID) Advisory Board did not propose any changes in the Boundaries of the LBID, which were established in Section 3.26.040 to be the boundaries of the City of Pismo Beach.
2. With the renewal of the LBID following adoption of Proposition 26, the purposes for which LBID assessments could be expended were more limited than when the LBID was initially established. As such, the improvements and activities to be provided for in Fiscal Year FY 2023 are those services and activities permitted under Section
3.26.030 of the Pismo Beach Municipal Code, which include:
A. The general promotion of lodging operations within the LBID shall include costs of programs and physical improvements as specified in the business plan to be adopted annually;
B. The marketing of conference, group, and vacation business that benefits the local lodging industry in the district;
C. The marketing of the LBID to the travel industry in order to benefit the local lodging industry in the district;
D. Administration of the LBID, including collection and enforcement of assessments.
The continuing initiatives proposed for the original 1% LBID Assessment for FY 2023 include the following: Following the Strategic Plan including smart tourism growth, collaborative partnerships, expanding the brand of Classic California, Wine and Waves and the current campaign of “The Drive is on to Pismo Beach” and ExperiencePismoBeach.com. This will be accomplished by following the 2023-2025 Marketing Plan with ongoing reviews at the CVB/LBID Advisory Board Meetings. Specific initiatives include emphasis on lodging packages, targeted advertising of the four-to-five- hour drive markets of both Southern and Northern California, Fresno, Bakersfield, Ventura County, and Santa Barbara County, as well as San Luis Obispo flight routes from Los Angeles, San Diego, Phoenix, Denver, Seattle, Dallas and San Francisco. Continue
11.C-5Council Agenda 4-19-2022
Attachment 1.A
cooperative advertising with the County Tourism Marketing District and other tourism partners, such as Central Coast Tourism Council and Visit California. There will be a continuing effort to promote off-season events that benefit the lodging industry in Pismo Beach and other marketing efforts with emphasis on all social media platforms. These efforts are designed to improve lodging occupancies, RevPAR and TOT taxes which benefit all the residents of Pismo Beach.
The physical improvements proposed for the additional 1% LBID Assessment for FY 2023 include paying down the loan to the Motor Vehicle Replacement Fund for the Pier Plaza and Pismo Preserve project, consistent with the original intent of the additional 1% for physical improvements. These efforts are designed to improve lodging occupancies, RevPAR and TOT taxes which benefit all the residents of Pismo Beach.
3.Estimated Costs for FY 2022 and FY 2023
FY 2022 Projected Actuals for Original 1% Assessment
•Sources: The FY 2022 projected actual total sources of $2,327,851, made up of $751,205 from fund balance carried over from the prior fiscal year, an estimated $1,575,420 from LBID assessment revenues, and a projected $1,226 in interest earnings and fees.
•Uses: The FY 2022 projected actual expenditures are $1,457,523. This total includes $121,976 for administrative costs and $1,335,547 for direct costs.
The following table shows: the FY 2022 budget and projected actuals for the original 1% assessment, followed by summary tables of the total uses by administrative costs, direct costs, and improvements and details on the direct costs.
11.C-6Council Agenda 4-19-2022
Attachment 1.A
The next tables summarize the total uses by administrative costs and direct costs, and provides the components of the direct costs.
Original 1% Assessment
Revised
Budget
Projected
Actuals
Variance
(Proj. -
Fund Balance 751,205$ 751,205$ -$
Revenues
1% LBID Assessment 1,575,420 1,575,420 -
LBID Penalty & Interest 1,226 1,226 - Total Sources 2,327,851$ 2,327,851$ -$
Uses
Overtime 158$ 158
Temporary Salaries 31,827$ 22,418 (9,409)
Benefits 2,791 3,403 612
Auditor 3,600 3,600 -
Legal 2,000 1,181 (819)
Cooperative Media 2,500 2,500 -
Travel & Meetings 10,000 10,000 -
Oper. Supplies & Maint 1,800 1,800 - Postage 500 500 -
Overhead 78,917 78,917 -
Advertising & Promotion 976,658 976,658 -
Purchased professional 91,389 91,389 -
LBID Audit costs 16,000 - (16,000)
Contributions 245,000 245,000 -
CA Welcome Center 20,000 20,000 -
Total Uses $1,482,982 $1,457,523 ($25,459)
Net Sources less Uses $844,868 $870,327 $25,459
FY 2022
Original 1% Assessment
Revised
Budget
Projected
Actuals
Variance
(Proj. -
Total Administrative Costs 131,435 121,976 (9,459)
Total Direct Costs 1,351,547 1,335,547 (16,000) Total Uses $1,482,982 $1,457,523 ($25,459)
Direct Cost Detail
TJA contract $1,068,047 $1,068,047 -
Other Contributions 265,000 265,000 -
Miscellaneous direct costs 2,500 2,500 - T otal Direct Costs $1,335,547 $1,335,547 -
FY 2022
11.C-7Council Agenda 4-19-2022
Attachment 1.A
FY 2022 Projected Actuals for 1% Assessment for Physical Improvements •Sources: The FY 2022 projected actual total sources of $(523,870), made up of $(2,100,515) from fund balance carried over from the prior fiscal year based on an interfund loan payable to the City’s Motor Vehicle Replacement Fund, an estimated $1,575,420 from LBID assessment revenues, and a projected $1,226 in interest earnings and fees.
•Uses: The FY 2022 projected actual expenditures are $358,888. This total includes:
$300,000 for the pedestrian connections under US interstate 101 at Spyglass; $36,000 to replace the beach playground equipment at Main Street and Addie Street, consistent with the original intent of the additional 1% for physical improvements; and $22,888 for the second interest payment on the interfund loan agreement. In addition, the principal on the interfund loan of $1,222,433 will be made this fiscal year.
The following table shows: the FY 2022 budget and projected actuals for the 1% assessment for physical improvements.
FY 2023 Proposed Actuals for Original 1% Assessment
•Sources: The FY 2023 projected actual total sources of $2,478,807, made up of $870,327 from fund balance carried over from the prior fiscal year, an estimated $1,606,930 from LBID assessment revenues, and a projected $1,550 in interest earnings and fees.
•Uses: The FY 2023 projected actual expenditures are $1,226,631. This total includes $135,381 for administrative costs and $1,091,250 for direct costs. 1% Assessment for Phsyical
Improvements
Revised
Budget
Projected
Actuals
Variance
(Proj. -
Budget)
Fund Balance (2,100,515)$ (2,100,515)$ -$
1% LBID Assessment for physical
improvements
1,575,420 1,575,420 -
Interest Earnings 1,550 - (1,550)
LBID Penalty & Interest - 1,226 1,226
Total Sources (523,545) (523,870) (324)
Uses
Spyglass pedestrian connection 300,000 300,000
Beach Playground equipment - Addie
St, Main St.
36,000 36,000
Loan Interest 22,888 22,888
Total Uses 358,888 358,888 -
Net Sources less Uses (882,433)$ (882,758)$ (324)$ Loan Repayment $1,222,433 $1,222,433 -
FY 2022
11.C-8Council Agenda 4-19-2022
Attachment 1.A
The following table shows: the FY 2023 projected actual sources and uses, followed by summary tables of the total uses by administrative costs, direct costs, and improvements and details on the direct costs.
The next tables summarize the total uses by administrative costs and direct costs, and provides the components of the direct costs.
FY 2023
Original 1% Assessment
Revised
Budget
Fund Balance 870,327$
Revenues
1% LBID Assessment 1,606,930
LBID Penalty & Interest 1,550
Total Sources 2,478,807$
Uses
Overtime
Temporary Salaries 31,827$
Benefits 2,791
Auditor 3,600
Legal 2,000
Cooperative Media 2,500
Travel & Meetings 10,000
Oper. Supplies & Maint 1,800
Postage 500
Overhead 82,863
Advertising & Promotion 884,900
Purchased professional 83,850
LBID Audit costs
Contributions 100,000
CA Welcome Center 20,000
Total Uses $1,226,631
Net Sources less Uses $1,252,176
FY 2023
Original 1% Assessment
Revised
Budget
Total Administrative Costs 135,381$
Total Direct Costs 1,091,250
Total Uses $1,226,631
Direct Cost Detail
TJA contract 968,750$
Other Contributions 120,000
Miscellaneous direct costs 2,500
Total Direct Costs 1,091,250$
11.C-9Council Agenda 4-19-2022
Attachment 1.A
FY 2023 Proposed Actuals for 1% Assessment for Physical Improvements •Sources: The FY 2023 projected actual total sources of $725,722, made up of $(882,758) from fund balance carried over from the prior fiscal year based on an interfund loan payable to the City’s Motor Vehicle Replacement Fund, an estimated $1,606,930 from LBID assessment revenues, and a projected $1,550 in interest earnings and fees.
•Uses: The FY 2023 projected actual expenditures include $10,664 for the third interest payment on the interfund loan agreement. In addition, the principal on the interfund loan of $1,066,378 will be made this fiscal year.
The following table shows: the FY 2023 budget and projected actuals for the 1% assessment for physical improvements.
As the revenues and expenditures in this report reflect projections, it is prudent to continue to monitor these items over the course of the fiscal year.
4.No change in the LBID method or basis of levying the assessment was proposed for FY 2023. More specifically, the CVB/LBID Advisory Board approved a motion to recommend that the 2% Assessment be continued in FY 2023.
5.The FY 2022 LBID budget for the original 1% assessment is projected to include a $870,327 surplus left over for carryover into FY 2023. The FY 2022 LBID budget for the 1% assessment for physical improvements is projected to include a $(882,758) deficit fund balance for carryover into FY 2023.
FY 2023
1% Assessment for Phsyical
Improvements
Revised
Budget
Fund Balance (882,758)$
1% LBID Assessment for physical
improvements
1,606,930
Interest Earnings 1,550
LBID Penalty & Interest -
Total Sources 725,722
Uses
Spyglass pedestrian connection -$
Beach Playground equipment - Addie
St, Main St.
-
Loan Interest 10,664
Total Uses 10,664
Net Sources less Uses 715,058$
Loan Repayment $1,066,378
11.C-10Council Agenda 4-19-2022
Attachment 1.A
6.The FY 2023 LBID Projected Actuals includes $3,100 in projected interest earnings, which comes from investments from the 2% assessment levied on transient rentals, and fund balance carried over from the prior fiscal year. The CVB/LBID Advisory Board did not recommend that any other contributions be budgeted for FY 2023.
11.C-11Council Agenda 4-19-2022
Attachment 1.A
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A
SUBJECT/TITLE:
REVIEW OF ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT PROCESS
RECOMMENDATION:
Review Municipal Code provisions regarding Administrative Coastal Development Permits and provide direction to staff if desired.
BACKGROUND:
At the April 5, 2022, Council Meeting, the City Council directed staff to add an item to a future agenda to allow discussion regarding the Municipal Code requirements for processing of Administrative Coastal Development Permits (ACDPs).
The earliest reference to the current ACDP provisions in the Pismo Beach Municipal Code (PBMC) appears to have been included with the 1983 Coastal Zoning Code. Section
17.124.070 of the PBMC outlines the developments subject to the administrative coastal development permit process as follows:
17.124.070 Developments subject to the administrative coastal development permit application procedures.
A. Coastal development permit applications for the following developments shall be given an administrative (staff) review, with the exception of those projects requiring a public hearing as described by this chapter:
1. The construction of a single family residence pursuant to the standards of this Title on a parcel of record as of January 23, 1980.
2. An addition to a single family residence pursuant to the standards of this Title.
3. A permitted use in a nonappealable R-2 Zone pursuant to Section
17.124.100.
Section 17.124.100 of the PBMC outlines the public hearing procedures for coastal development permits as follows:
17.124.100 Public hearing procedures.
At least one public hearing shall be held on each application for an appealable or non- appealable coastal development permit application for a project in the R-3, R-4, P-R, R-R, C-R, M-H, C-1, C-2, C-M, OS-1, OS-R, or G zones, except that no hearing is required for the development of an accessory dwelling unit consistent with Chapter
17.117 of this code, unless the accessory dwelling unit is part of a larger project that requires a public hearing or if a variance is required. At least one public hearing shall be held on each application for an appealable coastal development permit application for a project in the R-1 and R-2 zones, except that no hearing is required for the development of an accessory dwelling unit consistent with Chapter 17.117 of this code, unless the accessory dwelling unit is part of a larger project that requires a public
12.A-1Council Agenda 4-19-2022
hearing or if a variance is required. Non-appealable coastal developments in the R- 1 and R-2 zones may be processed as administrative permits at a staff level pursuant to the noticing standards of this chapter for non-appealable developments. Such hearings shall occur no earlier than ten calendar days following the mailing of the notices required by this chapter. The public hearing shall be conducted in accordance with existing city procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing.
In this context, the term “appealable” refers to those projects located in areas outlined in PBMC Section 17.124.130, which states:
17.124.130 Appealable developments.
An action taken by the city on a coastal development permit may be appealed to the coastal commission for any of the following:
A. Developments approved by the city between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or the mean high tide line of the sea where there is no beach, whichever is the greater distance;
B. Developments approved by the city not included within Section 17.124.130(A) above, located on tidelands, submerged lands, public trust lands or within one hundred feet of any wetland, estuary or stream;
C. Developments approved by the city not included within subsection
17.124.13(B) above, located in a sensitive coastal resource area; D. Any development which constitutes a major public works project or a major energy facility.
The areas meeting the criteria of PBMC Section 17.124.130 were previously mapped and are included as Figure 1 below.
Figure 1: Coastal Appeal Overlay Zone
Noticing procedures for ACDPs are outlined in PBMC Subsection 17.124.090.C., which states:
12.A-2Council Agenda 4-19-2022
17.124.090 Notice procedures.
[…]
C. Notice of non-appealable developments when no public hearing is required:
Notice of developments within the coastal zone which are appealable pursuant to Section 17.124.090 herein, and which do not require a public hearing under this ordinance (and which are not categorically excluded) shall be provided as follows: Within ten calendar days of accepting an application for a non- appealable coastal development permit on at least ten calendar days prior to the city's decision on the application, the city shall provide notice, by first-class mail, of pending development approval. This notice shall be: provided to all persons who have requested to be on the mailing list for that project or, for coastal decisions within the local jurisdiction, to all property owners and residents within one hundred feet of the perimeter of the parcel on which the development is proposed, and to the coastal commission. The notice shall contain the following information:
1. A statement that the development is within the coastal zone;
2. The date of filing of the application and the name of the applicant;
3. The number assigned to the application, a description of the development, and its proposed location;
4. The date the application will be acted upon by the local governing body or decision-maker;
5. The general procedure of the local government concerning the submission of public comments either in writing or orally prior to the local decision; and
6. A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the local decision.
This process allows the immediate neighbors and the general public to contact the City to review and discuss the proposed project, learn and clarify any misconceptions about the project, and provide comments. Should the applicant, neighbors of a project, or any other person not agree with the ultimate approval or denial of the ACDP, that decision can be appealed to the Planning Commission in accordance with PBMC Section
17.121.240, which states:
17.121.240. Appeals of staff decisions.
In case an applicant or any other person is not satisfied with the action of the city planner on a permit decision, ordinance interpretation or similar matter, he may appeal in writing to the planning commission. Upon receipt of such appeal, the public services department shall set the matter for public hearing and notice thereof to be given as provided in Section 17.121.210. The written appeal shall include a description of the nature and reasons for the appeal.
12.A-3Council Agenda 4-19-2022
Since January 1, 2017, a total of 24 ACDPs have been processed for new residences and major remodels resulting in new residences. Ten of these ACDPs were for new residences not part of an approved subdivision, of which two were referred to the Planning Commission due to concerns regarding architecture and massing. The remaining 14 ACDPs were processed as required by conditions of approval for underlying subdivisions to comply with specific design requirements.
Additionally, in accordance with similar procedures in the 1998 Non-Coastal Zoning Code, 22 non-coastal administrative permits were issued during this same period, including 19 for residences as part of the Price Canyon subdivision.
Conclusion and Recommendation
It is recommended the City Council review ACDP provisions in the Municipal Code and provide direction to staff if desired.
FISCAL IMPACT:
No fiscal impact is associated with this report. Applicants for ACDPs pay fees that currently total approximately $900. Discretionary Coastal Development Permits reviewed by the Planning Commission would result in charges of approximately $7,200 for processing. This does not include costs associated with increased permit processing times.
ALTERNATIVES:
None.
ATTACHMENTS:
None.
Meeting Date: April 19, 2022 Submitted by:
Matthew Downing, Community Development Director
Assistant City Manager Approval:
12.A-4Council Agenda 4-19-2022
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B
SUBJECT/TITLE:
AWARD CONSTRUCTION AND CONSTRUCTION MANAGEMENT CONTRACTS TO
CALPORTLAND CONSTRUCTION, CANNON CORPORATION, AND PAVEMENT ENGINEERING FOR THE 2022 PAVING PROJECT
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to:
1. Award a contract to CalPortland Construction, in the amount of $10,587,902.10 for the construction of the 2022 Paving Project;
2. Enter into a Professional Services Agreement with Cannon Corporation, in the amount of $1,291,907.30 for Construction Management, Inspection, Materials Testing and Administrative Services for the 2022 Paving Project;
3. Enter into a Professional Services Agreement with Pavement Engineering, Inc., in the amount of $252,450 for Engineering Services During Construction of the 2022 Paving Project;
4. Appropriating related budget adjustments.
BACKGROUND:
On April 20, 2021, the City Council adopted the 2021 Pavement Management Plan (PMP) Update which included a projected 5-year Pavement Plan. The 2022 Paving Project is year 1 of the 5-year Pavement Plan and includes maintenance and rehabilitation to Mattie Road, Ocean Boulevard, Price Street, and roadways in the neighborhood northeast of James Way feeding Ventana and Highland Drives and within the Las Ventanas del Mar development. The project also includes construction of a sidewalk on Spyglass Drive under Highway 101 and paving of the City Hall parking lot and Bluff Trail as bid alternates.
During the budget development process, the City Council selected additional street segments to include with the Year 1 project to help protect those roadways from further degradation. During the design of the construction plans, community outreach regarding the deteriorating condition of Solar Way prompted the addition of that street as a bid alternate as well. Bid alternate 1.A includes ADA upgrades to the City Hall Parking Lot that are required to ensure that City Hall is accessible to the public and the facility meets federal and state requirements for accessibility. This bid alternate must be done. The 9 bid alternates are shown below:
Bid Alternate 1 City Hall Parking Lot
Bid Alternate 2 Bluffs Trail
Bid Alternate 3 Construction of a sidewalk on Spyglass Drive from Shell Beach Road under Highway 101 to Mattie Road
Bid Alternate 4 Irish Way, Limerick Lane, Oakwood Drive, Panorama Drive, Ridge Road, Shamrock lane, Vista Pacifica Circle and White Oak Blvd
Bid Alternate 5 Christine Way, Dugan Drive, Effie Way, Elaine Way, Frances
12.B-1Council Agenda 4-19-2022
Way, Houston Way, Margo Way, and Norma Drive
Bid Alternate 6 Crest Drive, Skyline Drive, and Summit Drive Bid Alternate 7 Wadsworth Avenue from Price Street to the north end Bid Alternate 8 Solar Way from Bello Street to Price Canyon Road Bid Alternate 9 Ventana Drive and James Way curb ramps and sidewalk
Construction
The project was advertised for construction bids on February 24, 2022. Three bids were received on March 31, 2022 ranging in amount from $10,587,902.10 to $12,937,189.03 for the base bid plus bid alternates 1 – 9, the basis of award. The apparent low bidder is CalPortland Construction (CalPortland) with a bid of $10,587,902.10. The bid results are provided for reference as Attachment 5. Staff has verified CalPortland’s references and qualifications, and recommends the Council adopt a Resolution (Attachment 1) awarding a contract to CalPortland in the amount of $10,587,902.10 to complete the base bid and bid alternates 1 – 9 for the project (bid schedule provided as Attachment 1.A).
Construction Management
Staff issued a Request for Proposals (RFP) for Construction Management, Inspection, Materials Testing and Administrative Services on February 24, 2022. Two proposals were received on March 31, 2022 and were evaluated by a review panel. Cannon Corporation (Cannon) (cost proposal provided as Attachment 1.B) was selected to perform the work based on the following:
Understanding of the scope of work to be performed
Methods, schedule, and procedures to be used
Management, personnel, and experience
Consultation and coordination with the City of Pismo Beach
Engineering Services During Construction
The City Council awarded Pavement Engineering, Inc. (PEI) a contract to design the construction plans on May 18, 2021. Staff subsequently requested a quote from PEI to provide Engineering Services During Construction (ESDC). PEI’s cost proposal is provided as Attachment 1.C.
Construction Considerations
This is the largest paving project the City has undertaken, with approximately 13 centerline miles of roads being paved, which is equal to 33% of the streets in Pismo Beach. With a project of this size and the amount of contract working days, staff estimates it will take approximately two years to complete the project, without consideration for weather delays. Prior to the start of construction, a public workshop will be held with the contractor, construction management consultant, and City staff to help to inform the public about the project, traffic control, equipment staging, and how the public will be notified of street closures and parking restrictions. Updates on the project will be posted on the City’s website weekly and will include street closures and parking restrictions as well as the contractor’s three-week look-ahead schedule. Residents will also be notified by door hangers, several days prior to construction that will occur in their neighborhood.
12.B-2Council Agenda 4-19-2022
Conclusion and Recommendation
Based on the Council’s current goals, staff is recommending the adoption of the Resolution provided as Attachment 1 to complete the 2022 Paving Project, including the base bid plus bid alternates 1 – 9.
FISCAL IMPACT:
The fiscal impact of adopting the subject Resolution is a total estimated project cost of $14,558,711.40. The current FY 2022 Paving Project budget is $5,603,259.00, leaving a $8,955,452.40 shortfall.
Staff recommends transferring funds from the General Fund, Half-Cent Sales Tax Fund, Gas Tax Fund, and the Local Transportation Fund, including deappropriating known cost savings for various completed or nearing completed projects and appropriating additional revenues to cover the shortfall. Since the project will be implemented over two fiscal years and some funding is not available until FY 2023, in order to keep the budget balanced, staff recommends that a portion of the project be budgeted in FY 2022 and the remaining in FY 2023.
The following table illustrates the current project budget, construction costs, budget shortfall, and funding plan to cover the shortfall. Details of the budget adjustment by account and fiscal year are provided in Exhibit A to the Resolution (Attachment 1.D).
Project Budget: 2022 Paving Project $5,603,259.00
Known Project Cost
CalPortland Construction Contract $10,587,902.10
(Base Bid + Bid Alternates 1 through 9)
Construction Management (Cannon) $1,291,907.30
ESDC (PEI) $252,450.00
20% Contingency $2,426,452.00
Known Project Cost Total $14,558,711.40
Budget Shortfall $8,955,452.40
Proposed Funding
General Fund $6,471,797.40
Half Cent Sales Tax Fund 2,083,655.00
Gas Tax Fund 200,000.00
Local Transportation Fund 200,000.00
SLOCOG USHA Local Choice funds 93,600.00
Total Proposed Funding $8,955,452.40
Budget Remaining $0.00
12.B-3Council Agenda 4-19-2022
ALTERNATIVES:
1. Do not authorize all or a portion of the recommended items; including professional services agreement with Cannon for construction management or PEI for engineering services during construction; provide staff with direction on how to proceed.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: CalPortland Bid Schedule
1.B Exhibit B to Resolution: Cannon Cost Proposal
1.C Exhibit C to Resolution: PEI Cost Proposal
1.D Exhibit D to Resolution: Budget Adjustments
2. CalPortland Construction Contract
3. Cannon Vendor Agreement
4. PEI Vendor Agreement
5. Construction Bid Results
Prepared by: Meeting Date: April 19, 2022
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer Assistant City Manager Approval:
12.B-4Council Agenda 4-19-2022
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO:
1. AWARD A CONTRACT TO CALPORTLAND CONSTRUCTION, IN THE AMOUNT OF $10,587,902.10 FOR THE CONSTRUCTION OF THE 2022 PAVING PROJECT;
2. ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH CANNON CORPORATION, IN THE AMOUNT OF $1,291,907.30 FOR CONSTRUCTION
MANAGEMENT, INSPECTION, MATERIALS TESTING AND ADMINISTRATIVE SERVICES FOR THE 2022 PAVING PROJECT;
3. ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH PAVEMENT ENGINEERING, INC., IN THE AMOUNT OF $252,450.00 FOR ENGINEERING SERVICES DURING CONSTRUCTION OF THE 2022 PAVING PROJECT; AND
4. APPROPRIATING RELATED BUDGET ADJUSTMENTS
WHEREAS, City Council adopted the 2021 Pavement Management Plan (PMP) Update which included a projected 5-year Pavement Plan; and
WHEREAS, the 2022 Paving Project base bid is year 1 of the 5-year Pavement Plan; and
WHEREAS, based on Council direction and community input nine bid alternates were included in the project; and
WHEREAS, the project was advertised for construction bids and three bids were received on March 31, 2022 ranging in amount from $10,587,902.10 to $12,937,189.03; and
WHEREAS, CalPortland Construction is the apparent low bidder with a bid of $10,587,902.10 for the base bid and bid alternates 1-9; and
WHEREAS, a formal Request for Proposals (RFP) for Construction Management, Inspection, Materials Testing and Administrative Services was issued and two proposals were received on March 31, 2022; and
WHEREAS, a review panel selected Cannon Corporation to perform the work; and
WHEREAS, Pavement Engineering Inc. (PEI) prepared the design plans for the project and has provided a quote for Engineering Services During Construction.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to award a contract to CalPortland, in the amount of $10,587,902.10 for the construction of the 2022 Paving Project (Exhibit A).
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement with
12.B-5Council Agenda 4-19-2022
Attachment 1
Cannon, in the amount of $1,291,907.30 for Construction Management, Inspection, Materials Testing and Administrative Services for the 2022 Paving Project (Exhibit B).
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement with PEI, in the amount of $252,450.00 for Engineering Services During Construction for the 2022 Paving Project (Exhibit C).
BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby appropriates and deappropriates various funds, including any related transfers between funds to support the 2022 Paving Project as summarized in the following table and detailed in Exhibit D.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 19th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
FY 2022 FY 2023
Fund Revenue Expenditure Revenue Expenditure
General Fund -$ 6,250,515.50$ -$ -$ Half Cent Sales Tax Fund 500,000.00 500,000.00 400,000.00 1,400,000.00 Gas Tax Fund - - - 200,000.00 Local Transportation - - - 200,000.00 Capital Projects 6,520,996.17 6,818,369.33 1,893,600.00 1,800,000.00 Circulation Fees - (622.50) - - Water Enterprise Fund - (2,858.53) - - Water Construction Fund (2,858.53) (2,858.53) - - Total All Funds 7,018,137.64$ 13,562,545.27$ 2,293,600.00$ 3,600,000.00$
12.B-6Council Agenda 4-19-2022
Attachment 1
12.B-7Council Agenda 4-19-2022
Attachment 1.A
12.B-8Council Agenda 4-19-2022
Attachment 1.A
12.B-9Council Agenda 4-19-2022
Attachment 1.A
12.B-10Council Agenda 4-19-2022
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12.B-11Council Agenda 4-19-2022
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12.B-12Council Agenda 4-19-2022
Attachment 1.A
12.B-13Council Agenda 4-19-2022
Attachment 1.A
12.B-14Council Agenda 4-19-2022
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12.B-15Council Agenda 4-19-2022
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12.B-16Council Agenda 4-19-2022
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12.B-17Council Agenda 4-19-2022
Attachment 1.A
12.B-18Council Agenda 4-19-2022
Attachment 1.A
12.B-19Council Agenda 4-19-2022
Attachment 1.A
12.B-20Council Agenda 4-19-2022
Attachment 1.A
12.B-21Council Agenda 4-19-2022
Attachment 1.A
12.B-22Council Agenda 4-19-2022
Attachment 1.A
12.B-23Council Agenda 4-19-2022
Attachment 1.A
12.B-24Council Agenda 4-19-2022
Attachment 1.A
12.B-25Council Agenda 4-19-2022
Attachment 1.B
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12.B-26Council Agenda 4-19-2022
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12.B-27Council Agenda 4-19-2022
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12.B-28Council Agenda 4-19-2022
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12.B-29Council Agenda 4-19-2022
Attachment 1.C
12.B-30Council Agenda 4-19-2022
Attachment 1.C
2022 Paving Project
Exhibit D
Budget Amendments
Type Fund Fund Title Dept Division Activity Account Project Description Project Title FY 2022 Budget Adjustment
FY 2023 Budget
Adjustment
Exp 3001 Capital Projects 30 303 3033 56008 221001 Cap Outlay-Street Const FY 2022 Paving Project 7,155,452.40 1,800,000.00 Exp 1001 General Fund 30 303 3033 59301 221001 Transfer Out Cap Project FY 2022 Paving Project 6,471,797.40 Exp 1002 Half Cent Sales Tax Fund 30 303 3033 59301 221001 Transfer Out Cap Project FY 2022 Paving Project 683,655.00 1,400,000.00 Exp 2001 Gas Tax Fund 30 303 3033 59301 221001 Transfer Out Cap Project FY 2022 Paving Project 200,000.00 Exp 2002 Local Transportation 30 303 3033 59301 221001 Transfer Out Cap Project FY 2022 Paving Project 200,000.00 Rev 3001 Capital Projects 30 303 3033 49101 221001 Transfer in General Fund FY 2022 Paving Project 6,471,797.40 Rev 3001 Capital Projects 30 303 3033 49102 221001 Transfer In Half-Cent FY 2022 Paving Project 683,655.00 1,400,000.00 Rev 3001 Capital Projects 30 303 3033 49201 221001 Transfer In Gas Tax FY 2022 Paving Project 200,000.00 Rev 3001 Capital Projects 30 303 3033 49202 221001 Transfer In Local Trans FY 2022 Paving Project 200,000.00 Exp 1002 Half Cent Sales Tax Fund 30 302 3021 52101 212002 Professional Services Pavement Mgmt Plan Update (2,855.00) Exp 1002 Half Cent Sales Tax Fund 30 301 3022 59301 201012 Transfer Out Cap Project FY20 Paving Project (30,800.00) Rev 3001 Capital Projects 30 303 3033 49102 201012 Transfer In Half-Cent FY20 Paving Project (30,800.00) Exp 3001 Capital Projects 30 301 3011 56011 181024 Infrastructure Pier Plaza/Pier Pking Lot Upgr (14,986.20) Exp 3001 Capital Projects 40 402 4021 56011 181024 Infrastructure Pier Plaza/Pier Pking Lot Upgr (5,170.00) Rev 3001 Capital Projects 30 301 3022 49311 191010 Transfer In Circulation Fee Mattie Road Sidewalk Extension (622.50) Exp 3101 Circulation Fees 30 301 3022 59301 191010 Transfer Out Cap Project Mattie Road Sidewalk Extension (622.50) Exp 1001 General Fund 14 143 1431 52306 001065 Operating Supp & Maint Shell Beach Streetscape (3,311.93) Exp 1001 General Fund 30 301 3011 59301 001065 Transfer Out Cap Project Shell Beach Streetscape (217,969.97) Rev 3001 Capital Projects 30 303 3033 45303 001065 STP-Funds Shell Beach Streetscape (39,167.64) Rev 3001 Capital Projects 30 303 3033 48009 001065 Misc. Reimbursements Shell Beach Streetscape (195,896.12) Rev 3001 Capital Projects 30 303 3033 49101 001065 Transfer In General Fund Shell Beach Streetscape (217,969.97) Exp 3001 Capital Projects 30 303 3033 56007 001065 Capital Outlay - Improvements Shell Beach Streetscape (166,926.87) Exp 6101 Water Enterprise Fund 30 312 3122 59613 001065 Transfer Out Water Constructn Shell Beach Streetscape (2,858.53) Rev 6103 Water Construction Fund 30 312 3122 49611 001065 Transfer In Water Ent Fund Shell Beach Streetscape (2,858.53) Exp 6103 Water Construction Fund 30 312 3122 56010 001065 Cap Outlay - Waterlines Shell Beach Streetscape (2,858.53) Exp 1002 Half Cent Sales Tax Fund 30 302 3022 59301 211008 Transfer Out Cap Project Storm Drain Project 20.21 (150,000.00) Rev 3001 Capital Projects 30 302 3022 49102 211008 Transfer In Half-Cent Storm Drain Project 20.21 (150,000.00) Exp 3001 Capital Projects 30 302 3022 56014 211008 Storm Drain Storm Drain Project 20.21 (150,000.00) Rev 3001 Capital Projects 30 303 3033 45307 221001 USHA (TE 21)FY 2022 Paving Project 93,600.00 Rev 1001 General Fund 10 101 1011 41204 000000 Sales Tax-Half-Cent Tax No Project 500,000.00 400,000.00
12.B-31Council Agenda 4-19-2022
Attachment 1.D
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Construction Services Agreement (Rev. 2/2/2018)
CITY OF PISMO BEACH
CONSTRUCTION SERVICES AGREEMENT
This Construction Services Agreement (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation ("CITY"), and CalPortland Construction, a Corporation ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
I. SCOPE OF WORK
CONTRACTOR shall perform within the time set forth in Article 2 of this AGREEMENT and shall furnish at its own cost all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of street paving for the 2022 Paving Project (hereinafter “Project”).
By entering into this AGREEMENT, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own. CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, CITY, the Project Manager, the Public Works Director/City Engineer, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, CONTRACTOR will have no remedy, and hereby expressly waives any remedy against CITY, the Project Manager, or the Public Works Director/City Engineer on account of delay, hindrance, interference or other events caused by a separate contractor.
II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Construction Schedule. All work shall commence fifteen (15) calendar days after receiving a written Notice to Proceed from CITY or Project Manager, if a Project Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to CITY comprises the entire “Project” and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within 535 consecutive working days (“Contract Time”).
III. THE CONTRACT SUM
CITY shall pay to CONTRACTOR for the performance of this AGREEMENT, subject to any additions and deductions provided in the Project documents, the sum of 10,587,902.10 ($ten million five hundred eighty-seven thousand nine hundred two dollars and ten cents).
IV. PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Public Works Director/City Engineer by CONTRACTOR and Certificates for Payment issued by the Public Works Director/City Engineer, CITY shall make progress payments on account of the Contract Sum to CONTRACTOR as provided in the General Conditions.
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This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to CONTRACTOR of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.
This AGREEMENT is also subject to the provisions of Public Contract Code Section 9204, which provides for the submission and resolution of specified claims by CONTRACTOR, including provisions governing the type of claims that may be submitted, the time to respond to such claims, and alternative dispute resolution procedures. The provisions of Section 9204 are incorporated herein by reference, and to the extent CONTRACTOR asserts a claim specified by Section 9204, CONTRACTOR shall comply with all provisions set forth in Section 9204 in submitting a claim to CITY.
V. RETENTION OF SECURITIES
Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by CITY to ensure performance under a contract, at the request and expense of CONTRACTOR.
Substitution of securities shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allows the substitution of securities. Alternatively, CONTRACTOR may request that CITY make payment of retention earned directly to an escrow agent at the expense of CONTRACTOR. At the expense of CONTRACTOR, CONTRACTOR may direct the investment of the payments into securities and CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by CONTRACTOR. Upon satisfactory completion of the contract, CONTRACTOR shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from CITY, pursuant to the terms of this section.
The escrow agreement entered into pursuant to this section must be substantially similar to the form included in Public Contract Code Section 22300(e). CONTRACTOR shall obtain the written consent of its surety to such escrow agreement. Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by CONTRACTOR and CITY.
In accordance with Public Contract Code Section 22300(d)(1), if CONTRACTOR elects to receive interest on moneys withheld in retention by CITY, CONTRACTOR shall, at the request of any subcontractor performing more than five percent of CONTRACTOR’s total bid, make that option available to the subcontractor regarding any moneys withheld in retention by CONTRACTOR from the subcontractor.
VI. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of CONTRACTOR’s performance or CONTRACTOR’s failure to perform its obligations under this
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AGREEMENT or out of the operations conducted by CONTRACTOR, except for such loss or damage arising from the active negligence, sole negligence, or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR’s performance of this AGREEMENT, CONTRACTOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
Payment by CITY is not a condition precedent to enforcement of the indemnities in this section. In the event of any dispute between CONTRACTOR and CITY, as to whether liability arises from the active negligence, sole negligence, or willful misconduct of CITY or its officers, employees, or agents, CONTRACTOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent, or as having engaged in willful misconduct. CONTRACTOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorneys' fees, expert fees, and costs of litigation. The provisions of this Section VI shall survive completion of CONTRACTOR’s services or the termination of this AGREEMENT.
VII. PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, for San Luis Obispo County. Wage rates shall conform with those posted at 760 Mattie Road, Pismo Beach, and the Project site.
B. The following Labor Code sections are hereby referenced and made a part of this AGREEMENT:
1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
3. Section 1777.5 - Apprenticeship Requirements.
4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1775 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
VIII. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
IX. CERTIFICATIONS
In addition to certification and licensing requirements identified elsewhere in this agreement, CONTRACTOR shall maintain the following certifications for the duration of this AGREEMENT:
A. None
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X. FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by CITY to CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the AGREEMENT fully performed, and a final Certificate for Payment has been issued by the Public Works Director/City Engineer.
XI. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT
In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this AGREEMENT in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this AGREEMENT or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from CITY, or CONTRACTOR shall pay CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this AGREEMENT shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by CITY.
XII. INSURANCE
A. Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below.
CONTRACTOR may use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this AGREEMENT and which is applicable to a given loss, claim or demand, will be equally available to CITY.
CONTRACTOR shall provide the following types and amounts of insurance:
1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard Insurance Services Office (ISO) “insured contract” language will not be accepted.
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2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 (06/92) covering bodily injury and property damage for all activities of CONTRACTOR arising out of or in connection with the Project, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3. Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
i. A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
ii. Pay on behalf of wording as opposed to reimbursement; iii. Concurrency of effective dates with primary policies; iv. Policies shall “follow form” to the underlying primary policies; and v. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
4. Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code et seq. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees.
5. CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
6. Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non- owned disposal sites.
7. Products/completed operations coverage. Coverage shall extend a minimum of three (3) years after project completion and shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.
Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
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8. Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only CITY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.
i. The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to CITY. ii. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to CITY prior to commencement of construction.
B. Other provisions or requirements:
1. Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for Workers’ Compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.
CITY’s Risk Manager or City Attorney may waive the requirement of any insurance policy set forth herein if he/she determines that such a policy is not commercially available to CONTRACTOR, or if the risk to CITY is sufficiently minimal to render such insurance unnecessary. If such a policy is commercially available, additional cost to CONTRACTOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived. Current certification of insurance shall be kept on file with CITY at all times during the term of AGREEMENT. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.
2. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Project hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations
12.B-34Council Agenda 4-19-2022
Attachment 2
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Construction Services Agreement (Rev. 2/2/2018)
claims. CITY and its officers, elected officials, employees, and agents shall continue as additional insureds under such policies.
3. Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may terminate this AGREEMENT.
5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.
6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions (non-estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.
8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
9. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment, for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event CONTRACTOR’S policy of insurance cannot be endorsed to provide this notice of cancellation, CONTACTOR shall provide CITY notice
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of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.
10. Additional insured status. General liability and automobile insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach."
11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.
12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
13. Pass-through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party providing any work on the Project under the direction of CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in performing work on the Project will be submitted to CITY for review.
14. CITY’s right to revise requirements. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to CONTRACTOR, CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
15. Self-insured retentions. Any deductibles or self-insured retention must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects CITY, its elected and appointed officials, employees and volunteers, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Self-insurance will not be considered to comply with this paragraph unless approved by CITY.
16. Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
17. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Project.
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XIII. CONTRACTOR'S LICENSE
CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.
CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.
XIV. REGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.
Except as otherwise provided in Labor Code Section 1771.1(a), no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
XV. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that the undersigned is authorized to act for and bind the corporation.
XVI. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this AGREEMENT shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the AGREEMENT shall forthwith be physically amended to make such insertion or correction.
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XVII. SUBSURFACE HAZARDOUS MATERIALS
A. Pursuant to Public Contract Code Section 7104, in the event the Project includes trenches or other excavations extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify CITY in writing of any:
1. Material that CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law;
2. Subsurface or latent physical conditions at the site differing from those indicated in the Project specifications;
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the CONTRACT.
B. Upon receipt of said notification CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in CONTRACTOR's cost of or the time required for performance of any part of the Project, CITY will issue a change order under the procedures described in the General Conditions.
C. In the event that a dispute arises between CITY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in CONTRACTOR's cost of or time required for performance of any part of the Project, CONTRACTOR shall not be excused from any scheduled completion date provided for by the AGREEMENT, but shall proceed with all work to be performed under the AGREEMENT.
CONTRACTOR shall retain any and all rights provided either by AGREEMENT or by law which pertain to the resolution of disputes and protests between the contracting parties.
XVIII. COMPONENT PARTS OF THE CONTRACT
This AGREEMENT entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the AGREEMENT as if herein set out in full or attached hereto:
In addition, all Change Orders and Work Directive Changes authorizing additions, deletions, or modifications, and all appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof, the terms of said documents shall control over each other in the following order:
1. Agreement
2. Change Orders and Work Directive Changes
3. Addenda
4. Notice to Bidders
5. Contract Proposal
6. Special Provisions
7. Technical Provisions
8. Contract Plans
9. City of Pismo Beach Standard Specifications and Drawings
10. Standard Specifications for Public Works Construction, “Greenbook,” 2015 edition, or the latest edition thereof
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11. Standard Plans for Public Works Construction, “Greenbook,” 2015 edition, or the latest edition thereof
12. California State Department of Transportation Standard Specifications, latest edition, when specifically referenced in the plans.
All of the above named CONTRACT DOCUMENTS are intended to be complementary. Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.
XIX. ENTIRE CONTRACT
This AGREEMENT constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This AGREEMENT can be modified only by an amendment in writing, signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Benjamin A. Fine, P.E.
Title: Director of Public Works/City Engineer
Dated: ________________________________
Signed: _______________________________
Name: James R. Lewis
Title: City Manager
Dated: ________________________________
Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
CONTRACTOR:
CalPortland Construction
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative:
Name/Title: ____________________________
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CITY OF PISMO BEACH
VENDOR AGREEMENT FOR PROFESSIONAL SERVICES
This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Cannon Corporation (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
RECITALS:
CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:
Construction Management, Inspection, Materials Testing and Administrative Services for the 2022 Paving Project
VENDOR represents and warrants that it is qualified to perform those services.
AGREEMENT:
I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.
VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. CITY’s City Manager may approve additional work not to exceed thirty thousand dollars ($30,000.00). Any additional work in excess of this amount shall be approved by the City Council. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.
II. TERM
Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through 6/30/2024. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.
III. COMPENSATION
A. VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of one million two hundred ninety-one thousand nine hundred seven dollars and thirty cents ($1,291,907.30), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section
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II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.
B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.
IV. TERMINATION OF AGREEMENT
A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.
V. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.
VI. RETENTION OF FUNDS
VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.
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VII. CITY REPRESENTATIVE
The Engineer is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.
VIII. VENDOR REPRESENTATIVE(S)
The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.
IX. INDEPENDENT CONTRACTOR
VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
X. BUSINESS LICENSE
VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.
XI. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.
XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS
A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.
B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the
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services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.
C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.
XIII. INDEMNIFICATION
A. Non-design, non-construction Professional Services:
To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
B. Non-design, construction Professional Services:
To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
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C. Design Professional Services:
In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.
D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.
XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.
XV. INSURANCE
A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
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2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3. Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.
4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
5. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.
B. Other provisions or requirements:
1. Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.
2. Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, employees, or subconsultants.
3. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or
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CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.
5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.
6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non- compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.
8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
9. Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.
10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." CITY need not be named as an additional insured on professional liability insurance policies.
11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement
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of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.
12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party providing any work under the Scope of Services under the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.
14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.
15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
16. Timely notice of claims. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
17. Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Scope of Services.
XVI. SUBCONTRACTORS
Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:
A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;
B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and
C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.
12.B-41Council Agenda 4-19-2022
Attachment 3
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XVII. CONFLICT OF INTEREST
No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.
No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
XVIII. NOTICE
All notices, requests, demands, or other communications under this AGREEMENT will be in writing.
Notice will be sufficiently given for all purposes as follows:
A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.
B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.
D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.
E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non- business day.
Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.
F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.
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XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.
The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.
XX. INTERPRETATION
The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.
XXI. SEVERABILITY
If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.
XXII. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
XXIII. GOVERNING LAW; JURISDICTION
This AGREEMENT will be administered and interpreted under the laws of the State of California.
Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.
XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS
VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.
XXV. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.
XXVI. ATTORNEY’S FEES
Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party
12.B-42Council Agenda 4-19-2022
Attachment 3
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will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.
XXVII. EXHIBITS
All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.
In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.
XXVIII. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that:
A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.
XXIX. INTEGRATION; AMENDMENT
This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.
Signatures begin on next page.
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CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Benjamin A. Fine, P.E.
Title: Director of Public Works/City Engineer
Dated: ________________________________
Signed:
Name: James R. Lewis
Title: City Manager
Dated: ________________________________
Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
VENDOR:
Cannon Corporation
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice (See Section XVIII):
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative (See Section VIII):
Name/Title: ____________________________
Attachments:
Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
12.B-43Council Agenda 4-19-2022
Attachment 3
33Cannon2022 Paving Project
Scope of Work
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ƚŚĞĐŽŶƚƌĂĐƚƌĞƋƵŝƌĞŵĞŶƚƐ͕ŝŶĐůƵĚŝŶŐĚĞƚĂŝůƐƌĞŐĂƌĚŝŶŐ ĐŽŶƚƌĂĐƚĂĚŵŝŶŝƐƚƌĂƟŽŶ͕ƐĂĨĞƚLJ͕ĂƌĐŚĂĞŽůŽŐŝĐĂůĂŶĚ
ĞŶǀŝƌŽŶŵĞŶƚĂůĐŽŶĐĞƌŶƐ͕ĂŶĚƵƟůŝƚLJĐŽŽƌĚŝŶĂƟŽŶĂƐǁĞůů ĂƐŽƚŚĞƌŝƚĞŵƐƌĞůĂƚĞĚƚŽƚŚĞǁŽƌŬ͘KƵƌĂƉƉƌŽĂĐŚƚŽ
ŵĂŶĂŐŝŶŐĐŽŶƐƚƌƵĐƟŽŶǁŝůůďĞĐůĞĂƌůLJĐŽŵŵƵŶŝĐĂƚĞĚƚŽ
the contractor.
dĂƐŬϭ͘ϯZĞǀŝĞǁĂƐĞůŝŶĞWD^ĐŚĞĚƵůĞ
dŚĞŽŶƚƌĂĐƚŽƌ͛ƐďĂƐĞůŝŶĞƐĐŚĞĚƵůĞǁŝůůďĞƌĞǀŝĞǁĞĚĨŽƌ ĐŽŶĨŽƌŵĂŶĐĞǁŝƚŚƚŚĞƐƉĞĐŝĮĐĂƟŽŶƐ͘tĞǁŝůůĂŶĂůLJnjĞ
ƚŚĞƐĐŚĞĚƵůĞƚŽĚĞƚĞƌŵŝŶĞŝĨŝƚƌĞƉƌĞƐĞŶƚƐĂƌĞĂůŝƐƟĐ
ĂƉƉƌŽĂĐŚƚŽƚŚĞǁŽƌŬ͕ĂŶĚǁĞǁŝůůǁŽƌŬĐůŽƐĞůLJĂŶĚ
ƉƌŽĂĐƟǀĞůLJǁŝƚŚƚŚĞĐŽŶƚƌĂĐƚŽƌƚŽĚĞǀĞůŽƉĂŶĂĐĐĞƉƚĂďůĞ ďĂƐĞůŝŶĞ͘tĞǁŝůůĂůƐŽĞǀĂůƵĂƚĞƚŚĞƉƌŽũĞĐƚƐĐŚĞĚƵůĞĂŶĚ ĚĞƚĂŝůĞĚƐĞƋƵĞŶĐĞŽĨĐŽŶƐƚƌƵĐƟŽŶƚŽŝĚĞŶƟĨLJƉŽƚĞŶƟĂů
ŽƉƉŽƌƚƵŶŝƟĞƐƚŽƌĞĚƵĐĞƚŚĞŽǀĞƌĂůůƉƌŽũĞĐƚĐŽƐƚ͕ƟŵĞ͕
ĂŶĚƉƵďůŝĐŝŶĐŽŶǀĞŶŝĞŶĐĞ͘
([KLELW$
34Cannon2022 Paving Project
dĂƐŬϭ͘ϰZĞǀŝĞǁ^ƚŽƌŵǁĂƚĞƌWŽůůƵƟŽŶ
WƌĞǀĞŶƟŽŶWƌŽŐƌĂŵ;DWWůĂŶͿ
WƌŝŽƌƚŽĂŶLJƚƌĞŶĐŚŝŶŐ͕ŐƌĂĚŝŶŐ͕ĞĂƌƚŚǁŽƌŬ͕Žƌ
ĐŽŶƐƚƌƵĐƟŽŶĂĐƟǀŝƟĞƐƚŚĂƚŚĂǀĞƚŚĞƉŽƚĞŶƟĂůƚŽ
ĂīĞĐƚƚŚĞƋƵĂůŝƚLJŽĨƌƵŶŽīĨƌŽŵƚŚĞƉƌŽũĞĐƚ͕ƚŚĞDW
WůĂŶŵƵƐƚďĞƐƵďŵŝƩĞĚ͕ƌĞǀŝĞǁĞĚ͕ĂŶĚĂƉƉƌŽǀĞĚ͘
dŚĞƌĞĨŽƌĞ͕ǁĞĞdžƉĞĐƚƐƵďŵŝƩĂůŽĨƚŚĞDWWůĂŶǁŝůů
ďĞŽŶĞŽĨƚŚĞĮƌƐƚŝƚĞŵƐĂĚĚƌĞƐƐĞĚďLJƚŚĞĐŽŶƚƌĂĐƚŽƌ͘
^ĞǀĞƌĂůŵĞŵďĞƌƐŽĨƚŚĞĂŶŶŽŶƚĞĂŵĂƌĞĐĞƌƟĮĞĚ
ƵŶĚĞƌƚŚĞŽŶƐƚƌƵĐƟŽŶ'ĞŶĞƌĂůWĞƌŵŝƚƉƌŽǀŝƐŝŽŶƐĂƐ
ĂYƵĂůŝĮĞĚ^tWWWWƌĂĐƟƟŽŶĞƌ;Y^WͿĂŶĚͬŽƌYƵĂůŝĮĞĚ
^tWWWĞǀĞůŽƉĞƌ;Y^Ϳ͘dŚŝƐŚŝŐŚůLJƋƵĂůŝĮĞĚƚĞĂŵǁŝůů
ĐŽŵƉůĞƚĞƚŚĞĚƵƟĞƐŽĨDWWůĂŶŝŶƐƉĞĐƟŽŶƐ͕ƌĞƉŽƌƚƐ͕
ĂŶĚĐŽŶƟŶƵŽƵƐŵŽŶŝƚŽƌŝŶŐŽĨĐŽŵƉůŝĂŶĐĞĚƵƌŝŶŐ
ĐŽŶƐƚƌƵĐƟŽŶ͘
dĂƐŬϭ͘ϱZĞǀŝĞǁ/ŶŝƟĂůWƌŽũĞĐƚ^ƵďŵŝƩĂůƐ
WƌŽũĞĐƚƐƵďŵŝƩĂůƐǁŝůůďĞĨƵƌŶŝƐŚĞĚďLJƚŚĞĐŽŶƚƌĂĐƚŽƌ
ĂƐŶĞĐĞƐƐĂƌLJƚŽĐŽŵƉůLJǁŝƚŚƚŚĞƉƌŽǀŝƐŝŽŶƐŽĨƚŚĞ
ƐƉĞĐŝĮĐĂƟŽŶƐ͘ƵĞƚŽůŽŶŐůĞĂĚƟŵĞƐĨŽƌƚŚĞƌĞǀŝĞǁ͕
ĂŶĚƚŚĞĂƉƉƌŽǀĂůŽĨƐŽŵĞŬĞLJƐƵďŵŝƩĂůƐ͕ǁĞĞdžƉĞĐƚƚŚĂƚ ƚŚĞĨŽůůŽǁŝŶŐƐƵďŵŝƩĂůƐŵĂLJďĞƉƌŽĐĞƐƐĞĚĞĂƌůLJŝŶƚŚĞ
ƉƌŽũĞĐƚ͗
•DĂƚĞƌŝĂůƐƵďŵŝƩĂůƐƌĞůĂƚĞĚƚŽƚŚĞƉĂƌŬŝŶŐůŽƚ
ůŽĐĂƚĞĚďĞƚǁĞĞŶĂƉŝƐƚƌĂŶŽǀĞŶƵĞĂŶĚtĂǁŽŶĂ
ǀĞŶƵĞ
•EŽƚĞ͗WĂƌŬŝŶŐǁŝůůďĞĐŽŶƐƚƌƵĐƚĞĚĂŶĚŽƉĞŶ
for use prior to other streetscape work to
ŽīƐĞƚĨŽƌƉĂƌŬŝŶŐůŽƐƐĚƵƌŝŶŐƐƚƌĞĞƚƐĐĂƉĞ
ĐŽŶƐƚƌƵĐƟŽŶ
•dƌĂĸĐĐŽŶƚƌŽůƉůĂŶƐĨŽƌĞĂĐŚƐƚĂŐĞŽĨĐŽŶƐƚƌƵĐƟŽŶ
•,ŽƚŵŝdžĂƐƉŚĂůƚ;,DͿũŽďŵŝdžĨŽƌŵƵůĂ;:D&Ϳ
ƌĞǀŝĞǁĂŶĚǀĞƌŝĮĐĂƟŽŶ
•WƌĞͲĐĂƐƚĐŽŶĐƌĞƚĞŝƚĞŵƐ
•
džĐĂǀĂƟŽŶƐĂĨĞƚLJƉůĂŶĂŶĚƐŚŽƌŝŶŐƉůĂŶƐƌĞǀŝĞǁ
ĂŶĚĂƉƉƌŽǀĂů
•WŽƚŚŽůĞĚĂƚĂƌĞƋƵŝƌĞĚĂƐƉĂƌƚŽĨƚŚĞƵƟůŝƚLJ
ŝŶǀĞƐƟŐĂƟŽŶƐŽĨƐĞĐƟŽŶϭϬͲϭ͘ϬϴŽĨƉƌŽũĞĐƚ
ƐƉĞĐŝĮĐĂƟŽŶƐ
•WƵďůŝĐĂƌƚĨĞĂƚƵƌĞƐ
dĂƐŬϭ͘ϲhƟůŝƚLJŽŽƌĚŝŶĂƟŽŶ
/ƚŝƐŝŵƉĞƌĂƟǀĞƚŚĂƚƚŚĞƌĞƋƵŝƌĞĚƵƟůŝƚLJƌĞůŽĐĂƟŽŶƐďĞ ĐŽŵƉůĞƚĞĚƉƌŝŽƌƚŽƚŚĞďĞŐŝŶŶŝŶŐŽĨĐŽŶƐƚƌƵĐƟŽŶ͘tĞ
ǁŝůůŝĚĞŶƟĨLJĞĂĐŚƵƟůŝƚLJĨĂĐŝůŝƚLJǁŝƚŚŝŶŽƌĂīĞĐƟŶŐƚŚĞ ƌŝŐŚƚͲŽĨͲǁĂLJ;ZKtͿĂŶĚƚŚĞƵƟůŝƚLJ͛ƐĚŝƐƉŽƐŝƟŽŶǁŝƚŚ
ƌĞƐƉĞĐƚƚŽƚŚĞǁŽƌŬŽĨƚŚĞƉƌŽũĞĐƚ͘
hƟůŝƟĞƐƌĞƋƵŝƌŝŶŐĂƩĞŶƟŽŶďLJƚŚĞƌĞƐƉĞĐƟǀĞƵƟůŝƚLJ
ŽǁŶĞƌǁŝůůďĞŝĚĞŶƟĮĞĚ͖ƌĞůĞǀĂŶƚŝŶĨŽƌŵĂƟŽŶĂŶĚ
ĂĐƟǀŝƟĞƐƌĞůĂƚĞĚƚŽƚŚĞƵƟůŝƚLJĨĂĐŝůŝƚLJǁŝůůďĞůŽŐŐĞĚĂŶĚ ƚƌĂĐŬĞĚƚŚƌŽƵŐŚŽƵƚƚŚĞĐŽƵƌƐĞŽĨƚŚĞƉƌŽũĞĐƚ͘tĞŚĂǀĞ
ĨŽƵŶĚƚŚĂƚŝŵƉůĞŵĞŶƚĂƟŽŶŽĨƚŚŝƐƐLJƐƚĞŵĂƟĐĂƉƉƌŽĂĐŚ
ƚŽƵƟůŝƚLJǁŽƌŬŚĂƐƐĞƌǀĞĚƚŽĞdžƉĞĚŝƚĞƚŚĞĐŽŽƌĚŝŶĂƟŽŶ
ĞīŽƌƚĂŶĚĨĂĐŝůŝƚĂƚĞĚƚŚĞŵŝƟŐĂƟŽŶŽĨŝŵƉĂĐƚƐƚŽƚŚĞ
ƉƌŽũĞĐƚ͘
ĂŶŶŽŶ͛ƐĐŽŶƐƚƌƵĐƟŽŶŵĂŶĂŐĞŵĞŶƚ;DͿƚĞĂŵ
ŚĂƐĞdžƚĞŶƐŝǀĞĞdžƉĞƌŝĞŶĐĞǁŽƌŬŝŶŐǁŝƚŚƚŚĞƵƟůŝƟĞƐ
ŝĚĞŶƟĮĞĚŝŶƚŚĞƉůĂŶƐ͘tĞŚĂǀĞĚĞǀĞůŽƉĞĚƉĞƌƐŽŶĂů
ƌĞůĂƟŽŶƐŚŝƉƐǁŝƚŚůŽĐĂůƌĞƉƌĞƐĞŶƚĂƟǀĞƐĨƌŽŵƉƵďůŝĐ
ƵƟůŝƟĞƐƐƵĐŚĂƐW'
͕ŚĂƌƚĞƌ͕'ĂƐŽ͕͘ĂŶĚdd͕ĂŶĚǁĞ
ŚĂǀĞǁŽƌŬĞĚĞdžƚĞŶƐŝǀĞůLJǁŝƚŚWŚŝůůŝƉϲϲƐƚĂīŽŶƐŝŵŝůĂƌ ƌŽĂĚŝŵƉƌŽǀĞŵĞŶƚƉƌŽũĞĐƚƐƚŚĂƚŝŶǀŽůǀĞǁŽƌŬŶĞĂƌƚŚĞŝƌ ƉŝƉĞůŝŶĞŝŶĨƌĂƐƚƌƵĐƚƵƌĞ͘
dĂƐŬϭ͘ϳWƵďůŝĐKƵƚƌĞĂĐŚ
tŝƚŚŽƵƌĞdžƉĞƌŝĞŶĐĞŽŶŚŝŐŚƉƌŽĮůĞƉƌŽũĞĐƚƐŝŶƚŚĞŝƚLJ ŽĨWŝƐŵŽĞĂĐŚ͕ƐƵĐŚĂƐƚŚĞWŝƐŵŽWŝĞƌZĞĐŽŶƐƚƌƵĐƟŽŶ͕ WŝƐŵŽWƌŽŵĞŶĂĚĞ/s͕ĂŶĚWŝƐŵŽůƵīƐ^ƚĂďŝůŝnjĂƟŽŶ
ƉƌŽũĞĐƚ͕ĂůŽŶŐǁŝƚŚŵĂŶLJŽƚŚĞƌŚŝŐŚͲƉƌŽĮůĞƉƌŽũĞĐƚƐ
ƚŚƌŽƵŐŚŽƵƚ^ĂŶ>ƵŝƐKďŝƐƉŽŽƵŶƚLJ͕ǁĞĂƌĞǁĞůůǀĞƌƐĞĚ
ŝŶŝŶƚĞƌĂĐƟŶŐǁŝƚŚƚŚĞƉƵďůŝĐĚƵƌŝŶŐĐŽŶƐƚƌƵĐƟŽŶ͘tĞĂƌĞ ĐŽŵŵŝƩĞĚƚŽďĞŝŶŐƚŚĞĮƌƐƚůŝŶĞŽĨĐŽŶƚĂĐƚŝŶĂĚĚƌĞƐƐŝŶŐ ƚŚĞĐŽŶĐĞƌŶƐĂŶĚĐŽŵƉůĂŝŶƚƐŽĨƚŚĞƉƵďůŝĐǁŝƚŚƚŚĞ
ĂƩĞŶƟŽŶƚŚĂƚƚŚĞĐŝƟnjĞŶƐŽĨWŝƐŵŽĞĂĐŚĚĞƐĞƌǀĞ͘/ƚ
ŝƐĞdžƉĞĐƚĞĚƚŚĂƚƚŚĞƉƌŽũĞĐƚǁŝůůŐĞŶĞƌĂƚĞƐŝŐŶŝĮĐĂŶƚ͕ ƚĞŵƉŽƌĂƌLJĚŝƐƌƵƉƟŽŶƐƚŽƚŚĞĚĂŝůLJƚƌĂĸĐƌŽƵƟŶĞƐŽĨ
ůŽĐĂůĐŽŵŵƵƚĞƌƐ͘KƵƌŐŽĂů͕ƚŚƌŽƵŐŚŽƵƌƐLJƐƚĞŵĂƟĐ
ĐŽŶƐƚƌƵĐƟŽŶŵĂŶĂŐĞŵĞŶƚƉƌŽŐƌĂŵĂŶĚĞīĞĐƟǀĞ
ĐŽŵŵƵŶŝĐĂƟŽŶŝŶƉĂƌƚŶĞƌƐŚŝƉǁŝƚŚƚŚĞŝƚLJ͕ŝƐƚŽĂĚĚƌĞƐƐ ƐĂĨĞƚLJĂŶĚƉƵďůŝĐĐŽŶǀĞŶŝĞŶĐĞƚŚŽƌŽƵŐŚůLJŽŶĂĐĂƐĞͲďLJͲ
ĐĂƐĞďĂƐŝƐĚƵƌŝŶŐĞĂĐŚƐƚĂŐĞŽĨĐŽŶƐƚƌƵĐƟŽŶ͘
12.B-44Council Agenda 4-19-2022
Attachment 3
35Cannon2022 Paving Project
Phase 2.0 Construction Services
dĂƐŬϮ͘ϭZĞĐŽƌĚƐĂŶĚŽĐƵŵĞŶƚĂƟŽŶʹ;WZKKZ
Ϳ
ƐĚĞƐĐƌŝďĞĚŝŶƚŚĞĂƉƉƌŽĂĐŚƐĞĐƟŽŶŽĨƚŚŝƐƉƌŽƉŽƐĂů͕
ĂŶŶŽŶ͛ƐƌĞĐŽƌĚƐ͕ĨŽƌŵƐ͕ĚŽĐƵŵĞŶƚĂƟŽŶ͕ĂŶĚ
ĐŽŶƐƚƌƵĐƟŽŶƉƌŽĐĞĚƵƌĞƐǁŝůůĨŽůůŽǁƚŚĞŝƚLJŽĨWŝƐŵŽ
ĞĂĐŚĮůŝŶŐĨŽƌŵĂƚŵĞƚŚŽĚƐĂŶĚŐƵŝĚĞůŝŶĞƐĨŽƌƉƌŽũĞĐƚ
ĮůĞƐ͘WZKKZ
ǁŝůůďĞƵƐĞĚĨŽƌĚĂŝůLJŽďƐĞƌǀĂƟŽŶƐĂŶĚ
ƚƌĂĐŬŝŶŐ͕ĂŶĚĮůĞĐĂƚĞŐŽƌŝĞƐǁŝůůďĞĞƐƚĂďůŝƐŚĞĚƉƌŝŽƌƚŽ ƚŚĞďĞŐŝŶŶŝŶŐŽĨĐŽŶƐƚƌƵĐƟŽŶ͘/ĚĞŶƟĮĞĚ͕ƌĞůĞǀĂŶƚƐƵďͲ
ĐĂƚĞŐŽƌŝĞƐĂƐǁĞůůĂƐůŽŐƐ͕ƐƵŵŵĂƌLJƉĂŐĞƐ͕ĂŶĚƐƚĂŶĚĂƌĚ ĨŽƌŵƐ͕ǁŝůůďĞƉƌĞƉĂƌĞĚĨŽƌƵƐĞĚƵƌŝŶŐĐŽŶƐƚƌƵĐƟŽŶ͘tĞ ĂƌĞŝŶƚŚĞƉƌĂĐƟĐĞŽĨŵĂŝŶƚĂŝŶŝŶŐĐŽŶƐƚƌƵĐƟŽŶƌĞĐŽƌĚƐ
ĚĂŝůLJǁŝƚŚƚŚĞƐĞƉƌŽũĞĐƚĮůĞƐďĞŝŶŐŵĂĚĞĂǀĂŝůĂďůĞŽŶůŝŶĞ ƚŚƌŽƵŐŚƚŚĞWZKKZ
ƐLJƐƚĞŵ͘
dĂƐŬϮ͘Ϯ^ĂĨĞƚLJĂŶĚdƌĂĸĐDĂŶĂŐĞŵĞŶƚ
ĂŶŶŽŶ͛ƐDƚĞĂŵƵŶĚĞƌƐƚĂŶĚƐƚŚĞŝŵƉŽƌƚĂŶĐĞŽĨ
ĞƐƚĂďůŝƐŚŝŶŐĂǁĞůůͲĚĞĮŶĞĚĐŽŵŵƵŶŝĐĂƟŽŶƐƚƌĂƚĞŐLJǁŝƚŚ
ĂůƚƌĂŶƐƚŽŬĞĞƉƚŚĞŽǀĞƌƐŝŐŚƚĞŶŐŝŶĞĞƌŝŶĨŽƌŵĞĚĂŶĚ
ŝŶǀŽůǀĞĚǁŝƚŚǁŽƌŬǁŝƚŚŝŶƚŚĞZKt͘tĞǁŝůůĐŽŶƐƵůƚŽŶ
ĂƌĞŐƵůĂƌďĂƐŝƐǁŝƚŚƚŚĞĂůƚƌĂŶƐƌĞƉƌĞƐĞŶƚĂƟǀĞƐĂŶĚ
ƌĞƋƵĞƐƚƚŚĞŝƌŝŶƉƵƚŽŶĞĂĐŚǁŽƌŬŝƚĞŵǁŝƚŚŝŶƚŚĞZKt
ƚŽƌĞĚƵĐĞŝŵƉĂĐƚƐŽĨƵŶŵĞƚĞdžƉĞĐƚĂƟŽŶƐ͘tĞŚĂǀĞ
ŝŶĐůƵĚĞĚďĞůŽǁŬĞLJŝƚĞŵƐƚŚĂƚǁŝůůĂƐƐŝƐƚǁŝƚŚĂůƚƌĂŶƐ ĐŽŽƌĚŝŶĂƟŽŶ͗
dĂƐŬϮ͘Ϯ͘ϭdƌĂĸĐ^ĂĨĞƚLJDĂŶĂŐĞŵĞŶƚ͗ŽŶƐƚƌƵĐƟŽŶ
ƐƚĂŐŝŶŐ͕ƐƉĞĐŝĮĐĂůůLJ͕ƚƌĂŶƐŝƟŽŶĨƌŽŵŽŶĞƐƚĂŐĞƚŽ
ƚŚĞŶĞdžƚ͕ŝƐŽĨĐƌŝƟĐĂůĐŽŶĐĞƌŶƚŽƉƵďůŝĐƐĂĨĞƚLJĂŶĚ
ĐŽŶǀĞŶŝĞŶĐĞĂůŽŶŐDĂƫĞZŽĂĚ͘/ŶĂĚĚŝƟŽŶƚŽƚŚĞ
ĚĞǀĞůŽƉŵĞŶƚĂŶĚĂƉƉƌŽǀĂůŽĨƚŚĞĐŽŶƚƌĂĐƚŽƌ͛ƐƚƌĂĸĐ
ƐĂĨĞƚLJŵĂŶĂŐĞŵĞŶƚƉůĂŶƐ;ŝŶĐŽŶƐƵůƚĂƟŽŶǁŝƚŚŝƚLJ
ƐƚĂīͿ͕ǁĞǁŝůůĨĂĐŝůŝƚĂƚĞĂƐĞƌŝĞƐŽĨƉƌĞͲŽƉĞƌĂƟŽŶ
ƉůĂŶŶŝŶŐŵĞĞƟŶŐƐďĞƚǁĞĞŶƚŚĞŝƚLJ͕ĐŽŶƚƌĂĐƚŽƌ͕ĂŶĚ
ŽƵƌDƚĞĂŵ͘dŚĞƐĞŵĞĞƟŶŐƐĂůůŽǁĞĂĐŚƉĂƌƚLJƚŽ
ĐŽŵŵƵŶŝĐĂƚĞĞdžƉĞĐƚĂƟŽŶƐĂŶĚĚĞǀĞůŽƉĚĞƚĂŝůĞĚ
ƉƌŽĐĞĚƵƌĞƐĨŽƌƚŚĞƐĂĨĞŝŵƉůĞŵĞŶƚĂƟŽŶŽĨƉƌŽƉŽƐĞĚ
ƚƌĂŶƐŝƟŽŶƐ͘
dĂƐŬϮ͘Ϯ͘ϮtĞĞŬůLJdƌĂĸĐhƉĚĂƚĞƐ͗tĞĞŬůLJƵƉĚĂƚĞƐ
ǁŝůůďĞƐƵďŵŝƩĞĚƚŽƚŚĞŝƚLJĞŶŐŝŶĞĞƌĂŶĚŝŶĐůƵĚĞ
ƵƉĚĂƚĞƐĨŽƌƚŚĞĨŽůůŽǁŝŶŐǁĞĞŬ;ƐͿ͘dŚŝƐƉƌŽĐĞƐƐ
ǁŝůůďĞŵĂŝŶƚĂŝŶĞĚƚŚƌŽƵŐŚƚŚĞĚƵƌĂƟŽŶŽĨƚŚĞ
ĐŽŶƐƚƌƵĐƟŽŶǁŽƌŬƚŚĂƚŵĂLJƌĞƋƵŝƌĞůĂŶĞĐůŽƐƵƌĞƐ͕
ĚĞůĂLJƐ͕ŽƌŽƚŚĞƌǁŽƌŬƌĞƋƵŝƌŝŶŐůĂŶĞƌĞƐƚƌŝĐƟŽŶƐ͘
Task 2.3 Schedule and Progress
ŽŐƐĂƌĞƵƉĚĂƚĞĚŽŶĂƌĞŐƵůĂƌďĂƐŝƐ͖ĂŶĚ
• ŽƉŝĞƐŽĨƐƵďŵŝƩĂůƐĂƌĞĚŽĐƵŵĞŶƚĞĚŝŶƚŚĞ
ƉƌŽũĞĐƚƌĞĐŽƌĚƐ͘
dĂƐŬϮ͘ϱ^ƚƌƵĐƚƵƌĞƐ/ŶƐƉĞĐƟŽŶ
tŚŝůĞƚŚŝƐƚĂƐŬĨŽƌƐƚƌƵĐƚƵƌĞƐŝŶƐƉĞĐƟŽŶŝƐŶŽƚ
ĂŶƟĐŝƉĂƚĞĚĨŽƌƚŚĞϮϬϮϮWĂǀŝŶŐWƌŽũĞĐƚ͕ƐŽŵĞůŽĐĂƟŽŶƐ
ǁŝƚŚƌĞƐŝĚĞŶƟĂůƌĞƚĂŝŶŝŶŐǁĂůůƐŵĂLJďĞŝŵƉĂĐƚĞĚďLJƚŚĞ ǁŽƌŬŽŶƚŚĞĂĚũĂĐĞŶƚƌĂŵƉƐ͘ĂŶŶŽŶ͛ƐĐŽŶƐƚƌƵĐƟŽŶ
ŵĂŶĂŐĞŵĞŶƚĂŶĚŝŶƐƉĞĐƟŽŶƉƌŽĐĞĚƵƌĞƐĂƌĞŵŽĚĞůĞĚ
ĂŌĞƌƚŚĞƉƌŽǀĞŶŵĞƚŚŽĚƐĚĞǀĞůŽƉĞĚďLJĂůƚƌĂŶƐ͘Ɛ
ĂŵĂƩĞƌŽĨƉƌĂĐƟĐĞ͕ǁĞĨŽůůŽǁƚŚĞƉƌŽǀŝƐŝŽŶƐŽĨƚŚĞ
>ŽĐĂůŐĞŶĐLJ^ƚƌƵĐƚƵƌĞZĞƉƌĞƐĞŶƚĂƟǀĞ'ƵŝĚĞůŝŶĞƐĨŽƌ
ƐƚƌƵĐƚƵƌĞƐďƵŝůƚǁŝƚŚŝŶƚŚĞƉƵďůŝĐZKt͘
KƚŚĞƌƌĞƐŽƵƌĐĞƐĨŽƌƚŚĞŝŶƐƉĞĐƟŽŶĂŶĚĚŽĐƵŵĞŶƚĂƟŽŶ
ŽĨƐƚƌƵĐƚƵƌĞĐŽŶƐƚƌƵĐƟŽŶŝŶĐůƵĚĞƚŚĞ&ĂůƐĞǁŽƌŬDĂŶƵĂů͕ dƌĞŶĐŚŝŶŐĂŶĚ^ŚŽƌŝŶŐDĂŶƵĂů͕WƌĞƐƚƌĞƐƐŝŶŐDĂŶƵĂů͕
ĂŶĚ&ŽƵŶĚĂƟŽŶDĂŶƵĂů͘
dŚĞĨŽůůŽǁŝŶŐŝƚĞŵƐƌĞƉƌĞƐĞŶƚƚŚĞŵĂũŽƌƐƚƌƵĐƚƵƌĞ
ĐŽŶƐƚƌƵĐƟŽŶĞůĞŵĞŶƚƐĂŶĚƌĞůĂƚĞĚŝŶƐƉĞĐƟŽŶĂĐƟǀŝƟĞƐŽĨ the 2022 Paving Project:
•
džŝƐƟŶŐƌĞƚĂŝŶŝŶŐǁĂůůŝŶƐƉĞĐƟŽŶʹƉƌŝŵĂƌŝůLJ
ĂƐƐŽĐŝĂƚĞĚǁŝƚŚZĂŵƉĐŽŶƐƚƌƵĐƟŽŶ
• ZĞŝŶĨŽƌĐĞĚĐŽŶĐƌĞƚĞǁĂůůƐʹƉƌŝŵĂƌŝůLJĂƐƐŽĐŝĂƚĞĚ
ǁŝƚŚZĂŵƉĐŽŶƐƚƌƵĐƟŽŶ
• ^ŚŽƌŝŶŐĂŶĚĞdžĐĂǀĂƟŽŶƐĂĨĞƚLJ
• ŽŶƐƚƌƵĐƟŽŶƉŚŽƚŽƐ
• ĂŝůLJƌĞƉŽƌƚƐ
dĂƐŬϮ͘ϳŽŶƐƚƌƵĐƟŽŶ/ŶƐƉĞĐƟŽŶ
ĂŶŶŽŶ͛ƐŵĞƚŚŽĚƐŽĨŝŶƐƉĞĐƟŽŶĞůĞŵĞŶƚƐŽĨƚŚĞϮϬϮϮ
WĂǀŝŶŐWƌŽũĞĐƚ͕ŝŶĐůƵĚŝŶŐƌŽĂĚǁĂLJ͕ƵƟůŝƚLJ͕ƐƚŽƌŵĚƌĂŝŶ͕ ůŝŐŚƟŶŐ͕ůĂŶĚƐĐĂƉĞ͕ĂŶĚŝƌƌŝŐĂƟŽŶŝƚĞŵƐ͕ĨŽůůŽǁƚŚĞ
ŐƵŝĚĞůŝŶĞƐƉƌĞƐĞŶƚĞĚŝŶƚŚĞĂůƚƌĂŶƐŽŶƐƚƌƵĐƟŽŶ
DĂŶƵĂů͕DĂŶƵĂůŽĨhŶŝĨŽƌŵdƌĂĸĐŽŶƚƌŽůĞǀŝĐĞƐ
;DhdͿ͕ƚŚĞŽŵƉĞƚĞŶƚWĞƌƐŽŶ
džĐĂǀĂƟŽŶĂŶĚ^ŚŽƌŝŶŐ
^ĂĨĞƚLJDĂŶƵĂů͕YͬYDĂŶƵĂůĨŽƌƐƉŚĂůƚWƌŽĚƵĐƟŽŶ
ĂŶĚWůĂĐĞŵĞŶƚ͕ttŐƵŝĚĞůŝŶĞƐ͕ĂŶĚ
ůĞĐƚƌŝĐĂůĂŶĚ'ĂƐ
ƐĞƌǀŝĐĞƌĞƋƵŝƌĞŵĞŶƚƐ;W'
Ϳ͘
dŚĞĨŽůůŽǁŝŶŐĞůĞŵĞŶƚƐƌĞƉƌĞƐĞŶƚƐĞǀĞƌĂůŽĨƚŚĞŵĂũŽƌ
ŝŶƐƉĞĐƟŽŶĐŽŵƉŽŶĞŶƚƐŽĨƚŚĞϮϬϮϮWĂǀŝŶŐWƌŽũĞĐƚƚŚĂƚ
ǁŝůůďĞĚŽĐƵŵĞŶƚĞĚŝŶWZKKZ
͗
•
ĂƌƚŚǁŽƌŬ
• Drainage systems
• Water main and service
• ŽŽƌĚŝŶĂƟŽŶĂŶĚĞdžĞĐƵƟŽŶŽĨƉƵďůŝĐƵƟůŝƟĞƐ
•
ůĞĐƚƌŝĐĂůĂŶĚůŝŐŚƟŶŐ
• ŽŶƐƚƌƵĐƟŽŶƚƌĂĸĐĐŽŶƚƌŽůĂŶĚƐĂĨĞƚLJ
• ^ŝŐŶƐ͕ƐƚƌŝƉŝŶŐ͕ŵĂƌŬŝŶŐĂŶĚƚƌĂĸĐƐĂĨĞƚLJĚĞǀŝĐĞƐ
• ZŽĂĚǁĂLJĐŽŶƐƚƌƵĐƟŽŶ
• ŽŶĐƌĞƚĞĐƵƌď͕ŐƵƩĞƌ͕ĂŶĚƐŝĚĞǁĂůŬ
• ƌĂŵƉĂŶĚĐŽŵƉůŝĂŶĐĞ
• >ĂŶĚƐĐĂƉĞĂŶĚŝƌƌŝŐĂƟŽŶ
• DWƉůĂŶŝŶƐƉĞĐƟŽŶ
• WĞƌŵŝƚƐĐŽŵƉůŝĂŶĐĞŝŶƐƉĞĐƟŽŶ
• ,DWĂǀŝŶŐ/ŶƐƉĞĐƟŽŶ
• ŽŶƐƚƌƵĐƟŽŶWŚŽƚŽƐ
• ĂŝůLJŝĂƌŝĞƐ
12.B-45Council Agenda 4-19-2022
Attachment 3
37Cannon2022 Paving Project
Task 2.8 Control of Materials - PEI
dŚĞƉƌŽƉĞƌĐŽŶƚƌŽůŽĨŵĂƚĞƌŝĂůƐƵƐĞĚǁŝůůďĞ
ĂĚŵŝŶŝƐƚĞƌĞĚŽŶĞŽĨƚǁŽŵĞƚŚŽĚƐďĂƐĞĚŽŶƚŚĞŶĂƚƵƌĞ
ĂŶĚƵƐĞŽĨƚŚĞŵĂƚĞƌŝĂůƐ͘
ĂĐŚŵĂƚĞƌŝĂůƵƐĞĚŝŶƚŚĞ
ǁŽƌŬǁŝůůďĞŝĚĞŶƟĮĞĚďLJĐŽŶƚƌĂĐƚŝƚĞŵ͕ĂůŽŶŐǁŝƚŚƚŚĞ ƌĞƋƵŝƌĞŵĞŶƚƐĨŽƌƐĂŵƉůŝŶŐĨƌĞƋƵĞŶĐLJ͕ƚĞƐƟŶŐĐƌŝƚĞƌŝĂ͕
ŝŶƐƉĞĐƟŽŶ͕ĐĞƌƟĮĐĂƚĞƐŽĨĐŽŵƉůŝĂŶĐĞ͕ŽƌŽƚŚĞƌĐƌŝƚĞƌŝĂ ƌĞƋƵŝƌĞĚďLJƚŚĞƐƉĞĐŝĮĐĂƟŽŶƐ͘dŚĞƚǁŽŵĞƚŚŽĚƐĂƌĞĂƐ
ĨŽůůŽǁƐ͗
dĂƐŬϮ͘ϴ͘ϭDĂƚĞƌŝĂůƐ^ĂŵƉůŝŶŐĂŶĚdĞƐƟŶŐ͗
DĂƚĞƌŝĂůƐƌĞƋƵŝƌŝŶŐƚĞƐƟŶŐǁŝůůďĞƐĂŵƉůĞĚĂƚƚŚĞ
ĨƌĞƋƵĞŶĐŝĞƐŝŶĚŝĐĂƚĞĚŝŶƚŚĞƐƉĞĐŝĮĐĂƟŽŶƐ͘dŚĞ
ĚĂLJͲƚŽͲĚĂLJĐŽŽƌĚŝŶĂƟŽŶŽĨƐĂŵƉůŝŶŐĂŶĚƚĞƐƟŶŐ
ǁŝůůďĞŚĂŶĚůĞĚďLJƉƌŽũĞĐƚŝŶƐƉĞĐƚŽƌƐĂŶĚĂĐƚƵĂů
ƚĞƐƟŶŐǁŝůůďĞƉƌŽǀŝĚĞĚďLJŽƵƌƐƵďĐŽŶƐƵůƚĂŶƚ͕
WĂǀĞŵĞŶƚ
ŶŐŝŶĞĞƌŝŶŐ/ŶĐ͘;W
/Ϳ͘DĂƚĞƌŝĂůƐƚŚĂƚ
ƌĞƋƵŝƌĞƐĂŵƉůŝŶŐĂŶĚƚĞƐƟŶŐŝŶĐůƵĚĞƐƵďŐƌĂĚĞ͕
ďĂƐĞŵĂƚĞƌŝĂůƐ͕ĂŐŐƌĞŐĂƚĞƐ͕ĐŽŶĐƌĞƚĞ͕ĂŶĚ,D͘
dĞƐƚƌĞƐƵůƚƐǁŝůůďĞƌĞǀŝĞǁĞĚĂŶĚĮůĞĚŝŶƚŚĞƉƌŽũĞĐƚ
ƌĞĐŽƌĚƐĂůŽŶŐǁŝƚŚĐĞƌƟĮĐĂƚĞƐŽĨĐŽŵƉůŝĂŶĐĞ͘tŽƌŬ
ƌĞƉƌĞƐĞŶƚĞĚďLJĨĂŝůŝŶŐƚĞƐƚƌĞƐƵůƚƐǁŝůůďĞĐŽƌƌĞĐƚĞĚ
ƉƌŝŽƌƚŽĂĐĐĞƉƚĂŶĐĞ͘
dĂƐŬϮ͘ϴ͘ϮZĞƉŽƌƚƐŽĨ/ŶƐƉĞĐƟŽŶĂŶĚĞƌƟĮĐĂƚĞƐ
ŽĨŽŵƉůŝĂŶĐĞ͗DĂƚĞƌŝĂůƐƚŚĂƚĂƌĞĂĐĐĞƉƚĞĚďĂƐĞĚ
ŽŶĐĞƌƟĮĐĂƚĞŽĨĐŽŵƉůŝĂŶĐĞ͕ƚĞƐƚƌĞƉŽƌƚƐ͕ŽƌǀŝƐƵĂů
ŝŶƐƉĞĐƟŽŶǁŝůůďĞŝŶƐƉĞĐƚĞĚƵƉŽŶĚĞůŝǀĞƌLJƚŽƚŚĞ
ƐŝƚĞ͘DĂƚĞƌŝĂůƐƚŚĂƚƌĞƋƵŝƌĞĚƐŽƵƌĐĞŝŶƐƉĞĐƟŽŶ
ǁŝůůďĞŝŶƐƉĞĐƚĞĚĂŶĚĚŽĐƵŵĞŶƚĞĚĂƚƚŚĞƉůĂĐĞŽĨ
ŵĂŶƵĨĂĐƚƵƌŝŶŐĂŶĚĚĞůŝǀĞƌĞĚƚŽƚŚĞƐŝƚĞǁŝƚŚƚŚĞ
ƌĞƉŽƌƚŽĨŝŶƐƉĞĐƟŽŶ͘dŚĞƌĞƋƵŝƌĞĚĚŽĐƵŵĞŶƚĂƟŽŶ
ŽĨŵĂƚĞƌŝĂůƐĚĞůŝǀĞƌĞĚƚŽƚŚĞƐŝƚĞǁŝůůďĞǀĞƌŝĮĞĚĂŶĚ recorded.
Task 2.9 Cost Control Management
dŚŝƐƚĂƐŬǁŝůůŝŶĐůƵĚĞƚŚĞĨŽůůŽǁŝŶŐĞůĞŵĞŶƚƐ͗
dĂƐŬϮ͘ϵ͘ϭYƵĂŶƟƚLJĂůĐƵůĂƟŽŶƐ͗WƌŽǀŝĚĞĚǁŽƌŬĂŶĚ
ŵĂƚĞƌŝĂůƐƵƐĞĚĚƵƌŝŶŐĞĂĐŚŵŽŶƚŚůLJƉĂLJƉĞƌŝŽĚǁŝůůďĞ
ĐĂƌĞĨƵůůLJŵĞĂƐƵƌĞĚŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞ^ƚĂŶĚĂƌĚ
^ƉĞĐŝĮĐĂƟŽŶƐŽƌ^ƉĞĐŝĂůWƌŽǀŝƐŝŽŶƐ͘^ĐŚĞĚƵůĞƐŽĨ
ǀĂůƵĞƐĨŽƌůƵŵƉƐƵŵŝƚĞŵƐĂŶĚĐŽƐƚďƌĞĂŬĚŽǁŶƐŽĨ
ĮŶĂůƉĂLJŝƚĞŵƐǁŝůůďĞĞƐƟŵĂƚĞĚďĂƐĞĚŽŶĞůĞŵĞŶƚƐ
ŽĨǁŽƌŬĐŽŵƉůĞƚĞĚ͘ŽĐƵŵĞŶƚƐƐƵƉƉŽƌƟŶŐƋƵĂŶƟƚLJ
ĐĂůĐƵůĂƟŽŶƐǁŝůůďĞŝŶĐůƵĚĞĚǁŝƚŚƚŚĞĐĂůĐƵůĂƟŽŶĂŶĚ
ĂƐƵŵŵĂƌLJŽĨƉƌŽŐƌĞƐƐƉĂLJŵĞŶƚƐǁŝůůďĞŬĞƉƚĐƵƌƌĞŶƚ
for each contract item.
dĂƐŬϮ͘ϵ͘ϮWƌŽŐƌĞƐƐWĂLJ
ƐƟŵĂƚĞƐ͗KŶĂŵŽŶƚŚůLJ
ďĂƐŝƐ͕ĂŶŶŽŶǁŝůůƌĞǀŝĞǁƚŚĞĐŽŶƚƌĂĐƚŽƌ͛ƐƌĞƋƵĞƐƚĨŽƌ ƉĂLJŵĞŶƚĂŶĚǀĞƌŝĨLJƚŚĂƚƚŚĞƌĞƋƵĞƐƚĞĚĂŵŽƵŶƚƐĨŽƌ
ĞĂĐŚĐŽŶƚƌĂĐƚŝƚĞŵŽƌĐŚĂŶŐĞŽƌĚĞƌĂƌĞƌĞƉƌĞƐĞŶƚĞĚ
ďLJĂĐƚƵĂůǁŽƌŬĐŽŵƉůĞƚĞĚ͘dŚĞĞƐƟŵĂƚĞǁŝůůŝŶĐůƵĚĞ
ƉĂLJŵĞŶƚƐĨŽƌŝƚĞŵǁŽƌŬ͕ĂĐĐĞƉƚĂďůĞŵĂƚĞƌŝĂůƐŽŶ
ŚĂŶĚ͕ĐŚĂŶŐĞŽƌĚĞƌƐ͕ĂŶĚĚĞĚƵĐƟŽŶƐĂŶĚƌĞƚĞŶƟŽŶ͘
WĂLJŵĞŶƚƐǁŝůůďĞƐƵďƐƚĂŶƟĂƚĞĚǁŝƚŚƋƵĂŶƟƚLJ
ĐĂůĐƵůĂƟŽŶƐŽƌŽƚŚĞƌĚŽĐƵŵĞŶƚĂƟŽŶ͘
dĂƐŬϮ͘ϵ͘ϯŚĂŶŐĞƐĂŶĚŽŶƚƌĂĐƚŚĂŶŐĞKƌĚĞƌƐ͗
ŚĂŶŐĞƐƚŽƚŚĞĐŽŶƚƌĂĐƚǁŝůůďĞĂĚŵŝŶŝƐƚĞƌĞĚŝŶ
ƐƚƌŝĐƚĐŽŶĨŽƌŵĂŶĐĞǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚĞ
ĐŽŶƚƌĂĐƚƉĞƌŚĂŶŐĞKƌĚĞƌŝƌĞĐƟǀĞ͕ŚĂŶŐĞKƌĚĞƌ
ƉƌŽĐĞƐƐ͕ĂŶĚƉĞƌƉƌŽǀŝƐŝŽŶƐŽĨ^ĞĐƟŽŶϰŽĨƚŚĞ
^ƚĂŶĚĂƌĚ^ƉĞĐŝĮĐĂƟŽŶƐ͘ŚĂŶŐĞƐĚƵĞƚŽƵŶĨŽƌĞƐĞĞŶ
ĐŝƌĐƵŵƐƚĂŶĐĞƐ͕ƉůĂŶĐŽŶŇŝĐƚƐ͕ŽƌĚŝƐĐƌĞƉĂŶĐŝĞƐǁŝůů
ďĞĞǀĂůƵĂƚĞĚŝŵŵĞĚŝĂƚĞůLJďLJƚŚĞĞŶŐŝŶĞĞƌ͕ĂŶĚƚŚĞ
ĐŽŶƚƌĂĐƚŽƌǁŝůůďĞĂƵƚŚŽƌŝnjĞĚƚŽƉƌŽĐĞĞĚǁŝƚŚƚŚĞ
ǁŽƌŬŽĨƚŚĞĐŚĂŶŐĞĂƚƚŚĞĚŝƌĞĐƟŽŶŽĨƚŚĞĞŶŐŝŶĞĞƌ͘
ŚĂŶŐĞƐŽƌĚĞƌĞĚďLJƚŚĞŝƚLJǁŝůůďĞƉƌĞƐĞŶƚĞĚƚŽƚŚĞ
ĐŽŶƚƌĂĐƚŽƌǁŝƚŚĐůĞĂƌĚŝƌĞĐƟŽŶŽŶŚŽǁƚŽƉƌŽĐĞĞĚ͘
38Cannon2022 Paving Project
ŽŶƚƌĂĐƚĐŚĂŶŐĞŽƌĚĞƌƐǁŝůůďĞŶĞŐŽƟĂƚĞĚǁŝƚŚƚŚĞ
ĐŽŶƚƌĂĐƚŽƌŽŶĂĐĂƐĞͲďLJͲĐĂƐĞďĂƐŝƐ͕ĂŶĚƚŚĞŝŶƚĞƌĞƐƚƐ
ŽĨƚŚĞŝƚLJǁŝůůďĞĚĞĨĞŶĚĞĚƚŽƚŚĞŐƌĞĂƚĞƐƚĞdžƚĞŶƚ
ƉŽƐƐŝďůĞŝŶĞĂĐŚĐĂƐĞ͘tĞĂƐƐƵŵĞĐŚĂŶŐĞŽƌĚĞƌƐǁŝůů
ƌĞƋƵŝƌĞĮŶĂůĂƉƉƌŽǀĂůďLJƚŚĞŝƚLJĞŶŐŝŶĞĞƌďĞĨŽƌĞ
ŝŵƉůĞŵĞŶƚĂƟŽŶ͘/ŶĐƌĞĂƐĞƐŽƌĚĞĐƌĞĂƐĞƐŝŶĐŽŶƚƌĂĐƚ
ŝƚĞŵƋƵĂŶƟƟĞƐǁŝůůďĞƉĂŝĚĂƚƚŚĞĐŽŶƚƌĂĐƚƵŶŝƚƉƌŝĐĞƐ ƵŶůĞƐƐĂŶĂĚũƵƐƚĞĚƵŶŝƚƉƌŝĐĞĐĂŶďĞƐƵďƐƚĂŶƟĂƚĞĚ͘
DŽƐƚŽƚŚĞƌĐŚĂŶŐĞŽƌĚĞƌƐǁŝůůĨĂůůŝŶƚŽŽŶĞŽĨƚŚĞƚǁŽ ĨŽůůŽǁŝŶŐĐĂƚĞŐŽƌŝĞƐ͗
•
džƚƌĂtŽƌŬʹtŽƌŬĂƵƚŚŽƌŝnjĞĚďLJƚŚĞĞŶŐŝŶĞĞƌ
ĂŶĚƉƌŽǀŝĚĞĚƵŶĚĞƌƚŚĞĚŝƌĞĐƟŽŶŽĨƚŚĞ
ĞŶŐŝŶĞĞƌǁŝůůďĞĐůŽƐĞůLJŵŽŶŝƚŽƌĞĚ͘>ĂďŽƌ͕
ŵĂƚĞƌŝĂůƐ͕ĂŶĚĞƋƵŝƉŵĞŶƚƵƐĞĚŝŶǁŽƌŬǁŝůů
ďĞƌĞĐŽƌĚĞĚŽŶĂŶŚŽƵƌůLJďĂƐŝƐ͘
džƚƌĂǁŽƌŬŝƐ
ŐĞŶĞƌĂůůLJĐŽŵƉĞŶƐĂƚĞĚďLJĨŽƌĐĞĂĐĐŽƵŶƚŝŶ
ĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƉƌŽǀŝƐŝŽŶŽĨ^ĞĐƟŽŶϵŽĨ
ƚŚĞ^ƚĂŶĚĂƌĚ^ƉĞĐŝĮĐĂƟŽŶƐ͘ŚĂŶŐĞŽƌĚĞƌƐĨŽƌ
ĞdžƚƌĂǁŽƌŬĂƚĨŽƌĐĞĂĐĐŽƵŶƚǁŝůůďĞĨŽƌǁĂƌĚĞĚ
ƚŽƚŚĞŝƚLJĨŽƌĂƉƉƌŽǀĂůǁŝƚŚĂŶĞƐƟŵĂƚĞĚĐŽƐƚ͕
ŚŽǁĞǀĞƌ͕ƚŚĞĂĐƚƵĂůĐŽƐƚǁŝůůďĞĚĞƚĞƌŵŝŶĞĚďLJ
ĨŽƌĐĞĂĐĐŽƵŶƚĂŶĂůLJƐŝƐŽĨƚŚĞĐŽŵƉůĞƚĞĚǁŽƌŬ͘
•ĚũƵƐƚŵĞŶƚŽĨŽŵƉĞŶƐĂƟŽŶʹtŽƌŬŽƌĚĞƌĞĚ
ďLJƚŚĞĞŶŐŝŶĞĞƌƚŚĂƚĚŽĞƐŶŽƚƋƵĂůŝĨLJĂƐĞdžƚƌĂ
ǁŽƌŬǁŝůůďĞĐŽŵƉĞŶƐĂƚĞĚĂƐĂŶAdjustment of
ŽŵƉĞŶƐĂƟŽŶĨŽƌĂŶĂŐƌĞĞĚůƵŵƉƐƵŵƉƌŝĐĞŽƌ
ĂƚĂŶĂŐƌĞĞĚƵŶŝƚƉƌŝĐĞ͘ŐƌĞĞĚƉƌŝĐĞƐǁŝůůďĞ
ĞŝƚŚĞƌďĂƐĞĚŽŶĂĐĐĞƉƚĂďůĞĐŽƐƚĚĂƚĂĨƵƌŶŝƐŚĞĚ
ďLJƚŚĞĐŽŶƚƌĂĐƚŽƌŽƌŝŶĚĞƉĞŶĚĞŶƚůLJĐĂůĐƵůĂƚĞĚ͘
dĂƐŬϮ͘ϵ͘ϰEŽƟĐĞŽĨWŽƚĞŶƟĂůůĂŝŵEĞŐŽƟĂƟŽŶƐĂŶĚ
WƌŽĐĞƐƐŝŶŐ͗KƵƌŽďũĞĐƟǀĞŝƐƚŽŶĞŐŽƟĂƚĞĞƋƵŝƚĂďůĞ
ƌĞƐŽůƵƟŽŶƐǁŚĞŶĞǀĞƌƉŽƐƐŝďůĞƚŽĚŝƐƉƵƚĞƐƚŚĂƚŵĂLJ
ĂƌŝƐĞĚƵƌŝŶŐĐŽŶƐƚƌƵĐƟŽŶ͘ŝƐƉƵƚĞƐĂŶĚĐŚĂŶŐĞ
ŶŽƟĮĐĂƟŽŶƐĂƌĞŵĂŶĂŐĞĚŝŶƐƚƌŝĐƚĂĐĐŽƌĚĂŶĐĞǁŝƚŚ
ƚŚĞŶŽƟĮĐĂƟŽŶ͕ĚŽĐƵŵĞŶƚĂƟŽŶ͕ĂŶĚƌĞƉŽƌƟŶŐ
ƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚĞ^ƚĂŶĚĂƌĚ^ƉĞĐŝĮĐĂƟŽŶƐĨŽƌ
ĐůĂŝŵƐ͘tĞƌĞƋƵŝƌĞƚŚĂƚEŽƟĐĞŽĨWŽƚĞŶƟĂůůĂŝŵƐďĞ
ƐƵďŵŝƩĞĚŝŶĂƟŵĞůLJŵĂŶŶĞƌŽŶĨŽƌŵƐĨƵƌŶŝƐŚĞĚďLJ
ĂŶŶŽŶ;ŵŽĚĞůĞĚĂŌĞƌĂůƚƌĂŶƐ&Žƌŵ
DͲϰϵϬϮͿ͘
ĂĐŚƉŽƚĞŶƟĂůĐůĂŝŵŝƐůŽŐŐĞĚĂŶĚƚƌĂĐŬĞĚƚŚƌŽƵŐŚ
ƌĞƐŽůƵƟŽŶ͘tĞǁŝůůŵĂŝŶƚĂŝŶĂĐĐƵƌĂƚĞƌĞĐŽƌĚƐŽĨĞĂĐŚ
ŝƐƐƵĞ͕ĂŶĚŽƵƌƌĞĐŽƌĚƐǁŝůůƉƌĞƐĞŶƚĂĚŽĐƵŵĞŶƚĂƟŽŶ
of the events for reference in the case that a
ƉŽƚĞŶƟĂůĐůĂŝŵďĞĐŽŵĞƐĂŶĂĐƚƵĂůĐůĂŝŵĂƚƚŚĞĞŶĚŽĨ
ƚŚĞƉƌŽũĞĐƚ͘
dĂƐŬϮ͘ϭϬ>ĂďŽƌŽŵƉůŝĂŶĐĞĂŶĚ
ƋƵĂů
ŵƉůŽLJŵĞŶƚKƉƉŽƌƚƵŶŝƚLJ
tĞǁŝůůŝŶĐŽƌƉŽƌĂƚĞƚŚĞƵƐĞŽĨĂǁĞĞŬůLJůŝƐƟŶŐĨŽƌ
ĞĂĐŚĐŽŶƚƌĂĐƚŽƌ͕ƐƵďĐŽŶƚƌĂĐƚŽƌ͕ĂŶĚŽǁŶĞƌͲŽƉĞƌĂƚŽƌ
ĐŽŵƉůĞƟŶŐǁŽƌŬŽŶƚŚĞƉƌŽũĞĐƚ͘dŚĞǁĞĞŬůLJůŝƐƟŶŐŝƐĂ
ĐŽŵƉƌĞŚĞŶƐŝǀĞůŽŐŽĨĐĞƌƟĮĞĚƉĂLJƌŽůůƐ͕ƐƚĂƚĞŵĞŶƚƐŽĨ
ĐŽŵƉůŝĂŶĐĞ͕ĂŶĚĨƌŝŶŐĞďĞŶĞĮƚƐƐƚĂƚĞŵĞŶƚƐƌĞƋƵŝƌĞĚ
ĞĂĐŚǁĞĞŬ͘dŚŝƐǁŝůůďĞĨƵƌŶŝƐŚĞĚƚŽƚŚĞĐŽŶƚƌĂĐƚŽƌĂƐĂ ǁĞĞŬůLJƌĞŵŝŶĚĞƌŽĨƚŚĞŝƌƌĞƐƉŽŶƐŝďŝůŝƚLJĨŽƌĐŽŵƉůŝĂŶĐĞ ǁŝƚŚƚŚĞƉƌŽǀŝƐŝŽŶƐŽĨƚŚĞ>ĂďŽƌŽĚĞĂŶĚƚŚĞ^ƚĂŶĚĂƌĚ ^ƉĞĐŝĮĐĂƟŽŶƐ͘
tĞǁŝůůƌĞǀŝĞǁĞĂĐŚƉĂLJƌŽůů͕ĂŶĚŶŽŶͲĐŽŵƉůŝĂŶĐĞ
ŽƌĚĞĮĐŝĞŶĐŝĞƐǁŝůůďĞŝŶǀĞƐƟŐĂƚĞĚĂŶĚƌĞŵĞĚŝĞĚ
ŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƐƉĞĐŝĮĐĂƟŽŶƐ͘KƵƌƐLJƐƚĞŵ
ĨŽƌŵŽŶŝƚŽƌŝŶŐƚŚĞĐŽŶƚƌĂĐƚŽƌ͛Ɛ
ƋƵĂů
ŵƉůŽLJŵĞŶƚ
KƉƉŽƌƚƵŶŝƚLJ;
KͿĐŽŵƉůŝĂŶĐĞŝŶĐůƵĚĞƐƉĞƌŝŽĚŝĐƌĂŶĚŽŵ
ƐƵƌǀĞLJƐŽĨĐŽŶƐƚƌƵĐƟŽŶƉĞƌƐŽŶŶĞůĂŶĚƌĞĐŽƌĚŝŶŐĞƐƐĞŶƟĂů ĚĂƚĂƵƐŝŶŐĨŽƌŵƐĨƵƌŶŝƐŚĞĚďLJƚŚĞ^ƚĂƚĞ͘
dĂƐŬϮ͘ϭϭŽŶƐƚƌƵĐƟŽŶ^ƚĂŬŝŶŐ
ĂŶŶŽŶ͛ƐDƚĞĂŵŝƐǁĞůůͲǀĞƌƐĞĚŝŶƚŚĞŵĞĂŶƐĂŶĚ
ŵĞƚŚŽĚƐŽĨĐŽŶƐƚƌƵĐƟŽŶƐƚĂŬŝŶŐ͘ƐƐƵĐŚ͕ǁĞŚĂǀĞ
ĚĞǀĞůŽƉĞĚĂŶĞīĞĐƟǀĞĐŽŵŵƵŶŝĐĂƟŽŶĂŶĚĐŽŽƌĚŝŶĂƟŽŶ
ƉƌŽĐĞƐƐĨŽƌƉƌŽũĞĐƚƐƚŚĂƚƌĞƋƵŝƌĞĐŽŶƚƌĂĐƚŽƌƉƌŽǀŝĚĞĚ
ĐŽŶƐƚƌƵĐƟŽŶƐƚĂŬŝŶŐĨŽƌƚŚĞŝƌǁŽƌŬ͘tĞǁŝůůŝŵƉůĞŵĞŶƚ
ƚŚĞƐĞƉƌŽĐĞƐƐĞƐŝŶŽƵƌƌĞǀŝĞǁŽĨƚŚĞĐŽŶƚƌĂĐƚŽƌ͛ƐĮĞůĚ ƐƚĂŬŝŶŐĂŶĚĐƵƚƐŚĞĞƚƐĨŽƌĐŽŵƉůĞƚĞŶĞƐƐĂŶĚƉƌŽǀŝĚĞƐƉŽƚ ĐŚĞĐŬƐĂŐĂŝŶƐƚĐŽŵƉůĞƚĞĚǁŽƌŬ͘ůƚŚŽƵŐŚŶŽƚŝŶĐůƵĚĞĚ
ŝŶŽƵƌƐĐŽƉĞŽĨǁŽƌŬ͕ŽƵƌŝŶͲŚŽƵƐĞƐƵƌǀĞLJĐĂŶĂƐƐŝƐƚǁŝƚŚ ǀĞƌƟĐĂůŽƌŚŽƌŝnjŽŶƚĂůǀĞƌŝĮĐĂƟŽŶƐŝĨƚŚĞŶĞĞĚƐŚŽƵůĚ
ĂƌŝƐĞ͘/ŶĂĚĚŝƟŽŶ͕ĂƚĐůŽƐĞŽĨĐŽŶƐƚƌƵĐƟŽŶ͕ŽƵƌƐƵƌǀĞLJ ƚĞĂŵĐĂŶƉƌŽǀŝĚĞĮŶĂůĮĞůĚǀĞƌŝĮĐĂƟŽŶƐŽƌƌĞƐŽůǀĞ
ĚŝƐƉƵƚĞƐǁŝƚŚĂŶLJƌĞĐŽƌĚŵŽŶƵŵĞŶƚĂƟŽŶŽƌŽƚŚĞƌ
ƉƌŽƉĞƌƚLJĂŶĚͬŽƌďŽƵŶĚĂƌLJĚŝƐĐƌĞƉĂŶĐŝĞƐ͘
12.B-46Council Agenda 4-19-2022
Attachment 3
39Cannon2022 Paving Project
Phase 3.0 Post-Construction Services
dĂƐŬϯ͘ϭ&ŝŶĂů/ŶƐƉĞĐƟŽŶƐĂŶĚWƵŶĐŚ>ŝƐƚ
/ŶĐŽŶũƵŶĐƟŽŶǁŝƚŚƚŚĞŝƚLJ͕ǁĞǁŝůůƉƌŽǀŝĚĞĮŶĂů
ŝŶƐƉĞĐƟŽŶƐŽĨƚŚĞƉƌŽũĞĐƚǁŽƌŬǁŚĞŶŶĞĂƌĐŽŵƉůĞƟŽŶ
ƚŽĐŽŶĮƌŵĐŽŶƚƌĂĐƚĐŽŵƉůŝĂŶĐĞŽƌŝĚĞŶƟĨLJĚĞĮĐŝĞŶĐŝĞƐ
ŝŶƚŚĞǁŽƌŬƉƌŽǀŝĚĞĚďLJƚŚĞĐŽŶƚƌĂĐƚŽƌ͘tĞǁŝůůƉƌĞƉĂƌĞ ƚŚĞƉƵŶĐŚůŝƐƚŝŶWZKKZ
ƚŽŝĚĞŶƟĨLJƐƵĐŚŝƚĞŵƐĂŶĚ
ĂƐƐŝŐŶƚŚĞƐĞŝƚĞŵƐƚŽƚŚĞĐŽŶƚƌĂĐƚŽƌƚĂŬĞĂƉƉƌŽƉƌŝĂƚĞ
ƌĞŵĞĚŝĂůĂĐƟŽŶ͘
hƉŽŶĐŽƌƌĞĐƟŽŶŽĨƚŚĞƉƵŶĐŚůŝƐƚŝƚĞŵƐďLJƚŚĞ
ĐŽŶƚƌĂĐƚŽƌ͕ƚŚĞLJǁŝůůƐƵďŵŝƚŝŶWZKKZ
ƚŽŶŽƟĨLJ
ƚŚĞŝƚLJĂŶĚĂŶŶŽŶƐŽƚŚĂƚǁĞĐĂŶĐŚĞĐŬĂŶĚƌĞƉŽƌƚ
ĐŽŵƉůĞƟŽŶŽĨƚŚĞƉƌŽũĞĐƚďLJĐůŽƐŝŶŐƚŚĞŝƚĞŵŝŶ
WZKKZ
͘dŚĞŝƚLJĐĂŶƚŚĞŶƌĞĐŽŵŵĞŶĚĮŶĂůƉĂLJŵĞŶƚ
to the Contractor.
dĂƐŬϯ͘ϮƐͲƵŝůƚZĞĐŽƌĚƌĂǁŝŶŐƐ
ZĞĐŽƌĚŽĨĐŚĂŶŐĞƐǁŝůůďĞŬĞƉƚŝŶWZKKZ
ŽŶĂŶŽŶͲ
ŐŽŝŶŐďĂƐŝƐ͘ƐƚŚĞƉƌŽũĞĐƚŝƐĐŽŵƉůĞƚĞĚ͕ƚŚĞƐĞĐŚĂŶŐĞƐ ĐĂŶďĞƉƵďůŝƐŚĞĚƚŚƌŽƵŐŚWZKKZ
ĂŶĚƉƌŝŶƚĞĚƚŽ
ďƵŝůĚƚŚĞƵƉĚĂƚĞĚĂƐͲďƵŝůƚƌĞĐŽƌĚƐĞƚŽĨĚƌĂǁŝŶŐƐĚƵƌŝŶŐ ĐŽŶƐƚƌƵĐƟŽŶ͘ŌĞƌĐŽŶƚƌĂĐƚĂĐĐĞƉƚĂŶĐĞ͕ǁĞǁŝůůƉƌŽǀŝĚĞ ĂƐŝŶŐůĞƐĞƚŽĨƌĞĐŽƌĚĚƌĂǁŝŶŐƐŝŶĂĨŽƌŵĂƚĂĐĐĞƉƚĂďůĞƚŽ the City.
dĂƐŬϯ͘ϯ&ŝŶĂůWƌŽũĞĐƚZĞĐŽƌĚƐ
&ŝŶĂůƌĞĐŽƌĚƐĂŶĚƉƌŽũĞĐƚĚŽĐƵŵĞŶƚĂƟŽŶǁŝůůďĞƐĞůĨͲ
ĂƵĚŝƚĞĚ͕ŽƌŐĂŶŝnjĞĚ͕ĂŶĚĚĞůŝǀĞƌĞĚƚŽƚŚĞŝƚLJŝŶŚĂƌĚĐŽƉLJ ĂŶĚͬŽƌĞůĞĐƚƌŽŶŝĐǀĞƌƐŝŽŶ͘
dĂƐŬϯ͘ϰƵĚŝƚƐƐŝƐƚĂŶĐĞ;ŽƉƟŽŶĂů͕ŝĨƌĞƋƵŝƌĞĚͿ
dĂƐŬϯ͘ϱůĂŝŵƐƐƐŝƐƚĂŶĐĞ;ŽƉƟŽŶĂů͕ŝĨƌĞƋƵŝƌĞĚͿ
([KLELW%
12.B-47Council Agenda 4-19-2022
Attachment 3
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Vendor Agreement (Rev. 2/2/2018)
CITY OF PISMO BEACH
VENDOR AGREEMENT FOR PROFESSIONAL SERVICES
This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Pavement Engineering Inc. (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
RECITALS:
CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:
Engineering Services During Construction of the 2022 Paving Project
VENDOR represents and warrants that it is qualified to perform those services.
AGREEMENT:
I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.
VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. CITY’s City Manager may approve additional work not to exceed thirty thousand dollars ($30,000.00). Any additional work in excess of this amount shall be approved by the City Council. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.
II. TERM
Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through 6/30/2024. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.
III. COMPENSATION
A. VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of two hundred fifty-two thousand four hundred fifty dollars ($252,450), unless otherwise first approved in writing by CITY. Should this
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Vendor Agreement (Rev. 2/2/2018)
AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.
B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.
IV. TERMINATION OF AGREEMENT
A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.
V. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.
VI. RETENTION OF FUNDS
VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.
12.B-48Council Agenda 4-19-2022
Attachment 4
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Vendor Agreement (Rev. 2/2/2018)
VII. CITY REPRESENTATIVE
The Engineer is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.
VIII. VENDOR REPRESENTATIVE(S)
The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.
IX. INDEPENDENT CONTRACTOR
VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
X. BUSINESS LICENSE
VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.
XI. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.
XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS
A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.
B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the
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Vendor Agreement (Rev. 2/2/2018)
services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.
C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.
XIII. INDEMNIFICATION
A. Non-design, non-construction Professional Services:
To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
B. Non-design, construction Professional Services:
To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
12.B-49Council Agenda 4-19-2022
Attachment 4
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Vendor Agreement (Rev. 2/2/2018)
C. Design Professional Services:
In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.
D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.
XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.
XV. INSURANCE
A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
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Vendor Agreement (Rev. 2/2/2018)
2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3. Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.
4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
5. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.
B. Other provisions or requirements:
1. Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.
2. Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, employees, or subconsultants.
3. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or
12.B-50Council Agenda 4-19-2022
Attachment 4
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Vendor Agreement (Rev. 2/2/2018)
CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.
5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.
6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non- compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.
8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
9. Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.
10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." CITY need not be named as an additional insured on professional liability insurance policies.
11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement
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of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.
12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party providing any work under the Scope of Services under the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.
14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.
15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
16. Timely notice of claims. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
17. Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Scope of Services.
XVI. SUBCONTRACTORS
Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:
A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;
B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and
C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.
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XVII. CONFLICT OF INTEREST
No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.
No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
XVIII. NOTICE
All notices, requests, demands, or other communications under this AGREEMENT will be in writing.
Notice will be sufficiently given for all purposes as follows:
A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.
B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.
D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.
E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non- business day.
Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.
F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.
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XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.
The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.
XX. INTERPRETATION
The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.
XXI. SEVERABILITY
If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.
XXII. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
XXIII. GOVERNING LAW; JURISDICTION
This AGREEMENT will be administered and interpreted under the laws of the State of California.
Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.
XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS
VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.
XXV. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.
XXVI. ATTORNEY’S FEES
Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party
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will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.
XXVII. EXHIBITS
All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.
In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.
XXVIII. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that:
A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.
XXIX. INTEGRATION; AMENDMENT
This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.
Signatures begin on next page.
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CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Benjamin A. Fine, P.E.
Title: Director of Public Works/City Engineer
Dated: ________________________________
Signed:
Name: James R. Lewis
Title: City Manager
Dated: ________________________________
Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
VENDOR:
Pavement Engineering, Inc.
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice (See Section XVIII):
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative (See Section VIII):
Name/Title: ____________________________
Attachments:
Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
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([KLELW$
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([KLELW%
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Attachment 4
CITY OF PISMO BEACH
BID OPENING LOG
Date: 3/31/2022
Time: 2:00 p.m.
Subject: 2022 Paving Project
*Basis of Award
** Apparent Low Bidder
Base Base Bid +
Bid Bid Alt 1-9*
1 Papich
Construction Inc.1:45pm $ 7,641,018.73 $ 118,395.80 $ 54,877.20 $ 430,162.75 $ 259,713.80 $ 376,452.83 $812,066.21 $252,161.15 $1,478,166.58 $186,551.50 $90,137.45 $ 11,699,999.00 2 **CalPortland
Construction 1:51pm $ 6,348,868.10 $ 137,805.70 $ 58,045.80 $ 262,081.00 $ 295,088.00 $ 403,559.25 $872,455.30 $296,997.65 $1,611,161.00 $225,134.30 $76,706.00 $ 10,587,902.10 3 Granite
Construction 1:56pm $ 8,144,513.28 $ 152,496.00 $ 78,149.20 $ 354,536.00 $ 347,362.10 $ 434,850.00 $905,198.95 $335,907.80 $1,819,446.60 $272,041.00 $92,688.10 $ 12,937,189.03 4 5
6 7
Bid Alt 8 Bid Alt 9Bid Alt 2 Bid Alt 3 Bid Alt 4 Bid Alt 5 Bid Alt 6 Bid Alt 7#Company Name Time Rec’d
Bid
Bond Bid Alt 1 Bid Alt 1.A
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