Agenda packet, regular meeting, first session — Pismo Beach City Council, May 17, 2022

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AGENDA
Pismo Beach City Council
Tuesday, May 17, 2022
Special & Regular Meeting 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, these meetings are 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. • 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:
• Regular Meeting only: 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:
• Regular Meeting only: 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, except closed sessions; 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 5-17-2022

Pismo Beach City Council Agenda May 17, 2022

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Special Meeting—3:00 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. PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item appearing on the 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.

3. AGENDA ITEMS

Item 3.A: Public Safety Facility Study Session (Garcia)

Recommendation:

Receive an update on the Public Safety Facility Project and provide direction to staff if desired. (No agenda packet materials.)

4. CITY COUNCIL COMMENTS AND REQUESTS

5. 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
Regular Meeting 5:30 p.m. Tuesday, May 17, 2022 Council Chamber, City Hall

Council Agenda 5-17-2022

Pismo Beach City Council Agenda May 17, 2022

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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: Public Works Week (Fine)

Item 4.B: Presentation: Introduction of New Police Department Employees (Smith)

• Police Officers: Tucker Ellis; Kyle Goodrich; Brian Hanson; Erin Logoluso; Jason Stingley; David Blanchard (Reserve Officer)
• Public Safety Dispatchers: Timothea Atchico; Jessica Kwong; Corena Mena; Kimberly Rawls; Bardo Zepeda-Montero
• Records Technician: Jennifer Hunt

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 5-17-2022

Pismo Beach City Council Agenda May 17, 2022

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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:

1. Adopt Minutes of the January 28, 2022 Special Goal-Setting Workshop;

2. Adopt Minutes of the May 3, 2022 Closed and Regular Meetings.

Item 9.B: Payroll Register and Register of Demands (Feeser)

Recommendation:

1. Approve the Summary of Payroll Register for April 24, 2022;

2. Approve the Register of Demands for April 29, 2022.

Item 9.C: Monthly Department Activity Reports for April 2022 (All)

Recommendation: Receive reports as 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: Amendment #1 to the Agreement with MNS Engineers, Inc. for Construction Management Services for the Bello Bridge Project (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with MNS Engineers, Inc. for Construction Management, Resident Engineer, Inspection, Materials Testing and Environmental Monitoring Services for the Bello Street Bridge Project in the amount of $55,210.86; and appropriating revenues and expenditures in FY 2022.

Council Agenda 5-17-2022

Pismo Beach City Council Agenda May 17, 2022

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Item 9.F: Notice of Completion for the Price Canyon Road Slope Repair Project (Fine)

Recommendation:

Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the Price Canyon Road Slope Repair Project.

Item 9.G: Notice of Completion for the Dinosaur Caves and Price Historical Park Restroom Project (Fine)

Recommendation:

Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the Dinosaur Caves and Price Historical Park Restroom Project.

Item 9.H: Award Contract to Allstar Fire Equipment Inc. for Replacement of Sixteen Self-Contained Breathing Apparatus with Extra Cylinders and a Thermal Imaging Camera (Lee)

Recommendation:

Adopt a Resolution awarding a contract for the purchase of sixteen Self- Contained Breathing Apparatus (SCBA) with extra cylinders and a Thermal Imaging Camera (TIC) in the amount of $125,794.11 and appropriating related budget adjustments.

Item 9.I: 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 measures to promote social distancing.

10. ITEMS PULLED FROM CONSENT CALENDAR

11. PUBLIC HEARINGS No earlier than 6:00 p.m.

None.

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12. BUSINESS ITEMS May be reordered and heard prior to Public Hearings

Item 12.A: Memorandum of Understanding Between the Pismo Beach Police Officers Association (POA) and the City of Pismo Beach (Garcia)

Recommendation:

Adopt a Resolution approving a New Three-Year Successor Memorandum of Understanding with the Police Officers Association (“POA”) for Fiscal Years 2023, 2024, and 2025, and appropriating funds as required to cover costs.

Item 12.B: Award of Two Separate Agreements to TJA Advertising & Public Relations, Inc. for Tourism Marketing Services (Jackson)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into agreements with TJA Advertising & Public Relations, Inc. for the three-year period of July 1, 2022, through June 30, 2025, for the provision of promotion and marketing services for the City of Pismo Beach Conference & Visitors Bureau and the Pismo Beach Lodging Business Improvement District (LBID).

Item 12.C: Agreement with BEK Collective for the James Way Beautification Project (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with BEK Collective in the amount of $81,590 for the design of the James Way Beautification project.

Item 12.D: Agreement with Callander Associates Landscape Architecture, Inc. for the Ventana Tennis Courts Project (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Callander Associates Landscape Architecture, Inc. in the amount of $130,765 for the design of the Ventana Tennis Courts project.

Item 12.E: Declaration of a Critically Restricted Water Supply Condition; Urgency Ordinance Enacting a Moratorium on New Natural Turf (Fine)

Recommendation:

1. Adopt a Resolution declaring a Critical Water Supply condition;

2. Adopt an Urgency Ordinance amending Chapter 15.48 of the City of Pismo Beach Municipal Code to Suspend Irrigated Turf Allowances under the City’s Water Efficient Landscaping Ordinance.

13. CITY COUNCIL COMMENTS AND REQUESTS

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Pismo Beach City Council Agenda May 17, 2022

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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 9:30 a.m. Friday, May 20, 2022 Admin Conference Room, City Hall Regular Meeting 5:30 p.m. Tuesday, June 7, 2022 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 May 17, 2022 meeting(s) of the Pismo Beach City Council was posted on May 12, 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 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 5-17-2022

A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA RECOGNIZING MAY 15–21, 2022 AS NATIONAL PUBLIC WORKS WEEK

WHEREAS, public works professionals focus on infrastructure, facilities, emergency management, and services that are of vital importance to sustainable and resilient communities and the public health, high quality of life, and well-being of the people of the City of Pismo Beach; and

WHEREAS, these infrastructures, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are federally mandated first responders, and the engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and

WHEREAS, it is in the public interest for the citizens, civic leaders, and children in the city of Pismo Beach to gain knowledge and maintain ongoing interest in, and understanding of, the importance of public works first responders and public works programs in their respective communities; and

WHEREAS, 2022 marks the 62nd annual National Public Works Week sponsored by the American Public Works Association.

NOW, THEREFORE, the City Council of the City of Pismo Beach hereby recognizes the week of May 15–21, 2022, as National Public Works Week in the City of Pismo Beach.

Dated this 17th day of May, 2022

________________________
Ed Waage, Mayor

Council Agenda 5-17-2022 4.A-1
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.A
` SUBJECT/TITLE:

ADOPTION OF MEETING MINUTES
RECOMMENDATION:

1.Adopt Minutes of the January 28, 2022 Special Goal-Setting Workshop;

2.Adopt Minutes of the May 3, 2022 Closed and Regular 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.Minutes of the January 28, 2022 Special Goal-Setting Workshop

2.Minutes of the May 3, 2022 Closed and Regular Meetings Submitted by: Erica Inderlied, City Clerk Meeting Date: May 17, 2022 City Manager Approval:

9.A-1Council Agenda 5-17-2022
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DRAFT MINUTES
Pismo Beach City Council
Friday, January 28, 2022
Special Meeting—11:00 a.m.
100 Ocean View Avenue, Pismo Beach, CA 93449
The City Council of the City of Pismo Beach met this date in a special session with Mayor Waage presiding.

CALL TO ORDER: 11:05 a.m.

1.ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss (via teleconference)
Council Member Sheila Blake
Council Member Marcia Guthrie
Council Member Scott Newton (via teleconference)
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
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Jeff Smith, Chief of Police
Other staff present as noted below

2.PUBLIC COMMENT PERIOD
Call for public comment:

Staff noted comment received via email from Earlene Craver Leijonhufvud.

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3. AGENDA ITEMS

Item 3.A: Follow-up on City Council Goals Update (Lewis)

Recommendation: Provide direction to staff on additions or modifications to the adopted FY 2022-23 Council Goals following the update provided at the regular meeting of January 18, 2022.

Presenting staff:

James R. Lewis, City Manager

Action: No action.

Item 3.B: Capital Improvement Project Timelines (Fine)

Recommendation: Receive an update from staff on projected timelines for current Capital Improvement Projects.

Presenting staff:

Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager

Call for public comment:

Staff noted comment received via email from Effie McDermott.

The following commented:

Jeff Edwards

Action: Direct staff to return with an agenda item allowing the Council to consider the relocation of the Bello Street sports courts to a location on Ventana Drive.

In support: 4 Guthrie, Newton, Reiss, Waage
In opposition: 1 Blake

Absent: 0
Abstain: 0
Recused: 0

Item 3.C: General Plan Timeline and Process (Downing)

Recommendation: Receive an update from staff on projected timelines for the General Plan/Local Coastal Program Update project.

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Presenting staff:

Matt Downing, Community Development Director
James R. Lewis, City Manager

Call for public comment: No comment.

Action: No action.

Item 3.D: Updates to Development Permitting Process (Downing)

Recommendation: Receive information regarding the City’s development review process and anticipated enhancements to be made to improve the customer experience.

Presenting staff:

Matt Downing, Community Development Director
James R. Lewis, City Manager

Call for public comment: No comment.

Action: No action.

Item 3.E: Review of Code Compliance Process / Short-Term Rental Ordinance Enforcement (Fleishman)

Recommendation: Receive a presentation from staff on City’s code compliance process on an administrative level, and in subsequent court proceedings when the City’s determination is appealed. Review and receive update on the City’s short-term rental ordinance.

Presenting staff:

David Fleishman, City Attorney
James R. Lewis, City Manager
Action: Consensus in support of directing staff to return with information about the enforcement of the City’s Short-Term Rental regulations, and related options.

In support: 5 Blake, Guthrie, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

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Item 3.F: Advisory Body Membership Recruitment Process and Timelines (Inderlied)
Recommendation: Provide direction to staff on the following:

1.Whether to conduct interviews of incumbent applicants during the annual 2022 Advisory Body recruitment process;

2.Meeting date(s) in February 2022 for conducting interviews;

3.Any other topics relating to the Advisory Body recruitment and/or interviews process.

Presenting staff:

Erica Inderlied, City Clerk
James R. Lewis, City Manager
Action: Consensus in support of directing staff as follows:

1.Conduct interviews as one meeting if possible.

2.Conduct interviews virtually, as opposed to in person.

3.Tentatively schedule the special interviews meeting for February 8, 2022, with confirmation to follow.

4.In lieu of conducting interviews of incumbent applicants, invite the incumbents to submit a “letter of interest” describing their interest in continued service.

In support: 5 Blake, Guthrie, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0
Item 3.G: Advanced Life Support Services/Ambulance Services (Newton) Recommendation:

Conduct a Council-led discussion and provide direction to staff if desired.

Presenting staff:

James R. Lewis, City Manager
Eddy Moore, Fire Unit Chief
Action: Consensus in support of tabling the discussion until such time that Fire Department staff can return with additional data for the Council.

In support: 5 Blake, Guthrie, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

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Item 3.H: Temporary Fencing Policy (Newton)

Recommendation: Conduct a Council-led discussion and provide direction to staff if desired.

Presenting staff:

James R. Lewis, City Manager

Action: Consensus in support of tabling the discussion until after completion of the Zoning Ordinance update.

In support: 5 Blake, Guthrie, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

Item 3.I: Maintenance Standards/Beautification of Private Parcels at Entrances to City (Guthrie)

Recommendation: Conduct a Council-led discussion and provide direction to staff if desired.

Presenting staff:

Matt Downing, Community Development Director
James R. Lewis, City Manager

Call for public comment:

Staff noted comment received via email from Effie McDermott.

Action: Consensus in support of directing staff to research and develop policies relating to beautification of “gateways” to the city, as part of the overall General Plan update process.

In support: 5 Blake, Guthrie, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

4 CITY COUNCIL COMMENTS AND REQUESTS

Consensus to agendize consideration of the use of consultants for real property acquisition services for a future meeting.

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5. ADJOURNMENT

At 4:09 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

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DRAFT MINUTES
Pismo Beach City Council
Tuesday, May 3, 2022

Special Closed Session—5:00 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 5:02 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 (via teleconference)
Council Member Scott Newton

Staff Present:

Matt Downing, Community Development Director
David Fleishman, City Attorney (via teleconference)
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

City Attorney Fleishman announced the Closed Session item listed below.

Item 3.A: Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code §54956.9: One potential case

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4. CLOSED SESSION REPORT

City Attorney Fleishman would make a report in the next regular open session detailing the reportable action taken on the above item.

5. ADJOURNMENT
There being no further business, Mayor Waage adjourned the meeting at 5:29 p.m.

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Regular Meeting—5:30 p.m.

Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449

The City Council of the City of Pismo Beach met this date in a regular session with Mayor Waage presiding.

CALL TO ORDER: 5:30 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:

Matt Downing, Community Development Director
Nadia Feeser, Administrative Services Director (via teleconference) Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney (via teleconference)
Jorge Garcia, Assistant City Manager
Vanessa Garris, Finance Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
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.

4. PRESENTATIONS

Item 4.A: Presentation: Update on Supervisory Districts for June 2022 Election (San Luis Obispo County Clerk-Recorder)

Presented by Elaina Cano, San Luis Obispo County Clerk-Recorder.

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Item 4.B: Proclamation: National Foster Care Month (San Luis Obispo County Social Services)

Received by Jocelyn McCurry, San Luis Obispo County Child Welfare Services.

5. PUBLIC COMMENT PERIOD

Call for public comment: No comment.

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 the following reportable action during its 5:00 p.m. Closed Session: Direction to staff to initiate one action, with defendants and particulars to be disclosable once the action is formally commenced.

8. COUNCIL COMMITTEE REPORTS

The Council reported on recent and upcoming meetings of various external bodies:

Council Member Blake:

San Luis Obispo International Film Festival; Taste of Pismo.

Mayor Waage:

San Luis Obispo Regional Transit Authority (SLORTA) / South County Transit; San Luis Obispo Council of Governments (SLOCOG) Executive Committee; Central Coast Community Energy (3CE) Policy Board.

9. CONSENT CALENDAR

Call for public comment: No comment.

Action: Adopt Consent Calendar.

Motion: Blake
Second: Guthrie

Vote: The motion passed on the following vote (Items 9.A through 9.J):

Ayes: 5 Blake, Guthrie, Newton, Reiss, Waage
Noes: 0

Absent: 0

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Abstain: 0
Recused: 0

Item 9.A: Adoption of Meeting Minutes (Inderlied)

Recommendation:

1. Adopt Minutes of the February 14, 2022 Closed Session;

2. Adopt Minutes of the February 23, 2022 Closed Session;

3. Adopt Minutes of the April 19, 2022 Meeting.

Item 9.B: Payroll Register and Register of Demands (Feeser)

Recommendation:

1. Approve the Summary of Payroll Register for April 10, 2022;

2. Approve the Register of Demands for April 8, 2022; and April 22, 2022.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for March 2022 of FY 2021-2022 (Feeser)

Recommendation:

No action required; information only.

Item 9.D: Fiscal Year 2022 Third Quarter Financial Status Report (Feeser)

Recommendation:

Receive as information only. No actions are requested or recommended.

Item 9.E: Quarterly Investment Report for the Three Months of January Through March 2022 – The Third Quarter of FY 2022 (Feeser)

Recommendation:

No action required; information only.

Item 9.F: U.S. Department of the Interior Bureau of Reclamation WaterSMART:

Title XVI Water Reclamation and Reuse Projects Grant Application in FY 2022 for Central Coast Blue (Feeser)

Recommendation:

Adopt a Resolution approving the U.S. Department of the Interior Bureau of Reclamation WaterSMART: Title XVI Water Reclamation and Reuse Projects grant application in FY 2022 for Central Coast Blue.

Legislative Record: Resolution R-2021-031 adopted.

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Item 9.G: Approval of the Fiscal Year 2022 Paving Project for Proposed Road Maintenance and Rehabilitation Account Funding (SB1) (Feeser)

Recommendation:

Adopt a Resolution approving the Fiscal Year 2023 Paving Project for proposed Senate Bill 1 Road Maintenance and Rehabilitation Account funding for Fiscal Year 2023.

Legislative Record: Resolution R-2021-032 adopted.

Item 9.H: Agreement with Walker Consultants to Complete an Update to the Parking Management Plan (Downing)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into an agreement with Walker Consultants, Inc. to complete an update to the Parking Management Plan in the amount of $25,000, and appropriating related budget adjustments.

Legislative Record: Resolution R-2021-033 adopted.

Item 9.I: 2022 Fourth of July Fireworks Display Authorization (Jackson)

Recommendation:

Adopt a Resolution approving the 2022 Fourth of July fireworks display and appropriating related budget adjustments in Fiscal Year 2023.

Legislative Record: Resolution R-2021-034 adopted.

Item 9.J: 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 measures to promote social distancing.

10. ITEMS PULLED FROM CONSENT

None.

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11. PUBLIC HEARINGS

Item 11.A: Second Amendment to the Amended and Restated Solid Waste Collection Franchise Agreement with South County Sanitary Service, Inc. for Solid Waste Collection Services and Adoption of Integrated Solid Waste Rates for May 1, 2022, January 1, 2023, and January 1, 2024 (Feeser)

Recommendation:

1. Adopt a Resolution approving, and authorizing the City Manager to execute, a second amendment to the Amended and Restated Solid Waste Collection Franchise Agreement with South County Sanitary Service, Inc. for solid waste collection services;

2. Conduct a public hearing to hear public comment on proposed solid waste rates;

3. Adopt a Resolution approving Integrated Solid Waste rates charged by South County Sanitary Service for May 1, 2022, January 1, 2023, and January 1, 2024.

Presenting staff:

Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager

Guest presenters:

Jeff Clarin, South County Sanitary Service
Bill Statler

Public Hearing / Call for public comment: No comment.

The following commented:

Tedd

Action: Adopt a Resolution approving, and authorizing the City Manager to execute, a second amendment to the Amended and Restated Solid Waste Collection Franchise Agreement with South County Sanitary Service, Inc. for solid waste collection services.

Motion: Blake
Second: Guthrie

Vote: The motion passed on the following vote:

Ayes: 5 Blake, Guthrie, Newton, Reiss, Waage
Noes: 0

Absent: 0
Abstain: 0

9.A-14Council Agenda 5-17-2022
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Recused: 0

Legislative Record: Resolution R-2022-035 adopted.

Action: Adopt a Resolution approving Integrated Solid Waste rates charged by South County Sanitary Service for May 1, 2022, January 1, 2023, and January 1, 2024.

Motion: Blake
Second: Guthrie

Vote: The motion passed on the following vote:

Ayes: 5 Blake, Guthrie, Newton, Reiss, Waage
Noes: 0

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2022-036 adopted.

12. BUSINESS ITEMS

Item 12.A: 2021 Northern Cities Management Area (NCMA) Annual Report and Water Supply Update (Fine)

Recommendation: No action required; information only.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager

Call for public comment: No comment.

Action: Consensus in support of directing staff to return at the next available meeting with the following:
• Further information about additional outreach measures that may be undertaken to encourage community participation in water conservation and rebate programs, specifically including outreach to the lodging community;
• A resolution allowing the enactment of a Critical Water Supply Condition, incorporating the following provisions for possible adoption:
o Increasing the hours during which outdoor irrigation is prohibited;
o A 72-hour mandatory timeframe for the repair of water leaks;

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o Additional funding as may be needed to support outreach measures;
• Necessary legislative measures to allow the Council to consider enacting a moratorium on the installation of new lawns.

In support: 5 Blake, Guthrie, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

13. CITY COUNCIL COMMENTS AND REQUESTS

Consensus to reschedule a special meeting to discuss configuration options for the Public Safety Facility project for 3:00 p.m. on Tuesday, May 17, 2022; and to reschedule a special Closed Session to hold a conference with labor negotiators for Friday, May 20, 2022, at 10:30 a.m.

14. ADJOURNMENT

At 7:56 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

9.A-16Council Agenda 5-17-2022
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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 April 24, 2022;

2. Approve the Register of Demands for April 29, 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: May 17, 2022
Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

9.B-1Council Agenda 5-17-2022
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FOR PERIOD ENDING 04/24/22
CHECKS DATED 04/29/22
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 556794 ‐ 556797 4
ACH 123

EARNINGS
REGULAR 324,294.50
HOLIDAY 4,288.02
OVERTIME (Includes Comp Time Payouts)16,039.13
Administration ‐
Building ‐
Conference & Visitors Bureau ‐
Police Department 13,206.74
Parking ‐
Engineering ‐
Fire ‐
Recreation ‐
Public Works 177.08
Water 1,685.11
Wastewater 833.43
Motor Vehicles 136.77
Subtotal‐Overtime 16,039.13$
SALARY ADJUSTMENTS 1,107.69
TRAINING / UNIFORM ALLOWANCE 740.50
OTHER EARNINGS 13,740.59
$360,210.43
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 36,192.49
FICA & MEDICARE 27,440.72
STATE INCOME TAX 12,902.51
STATE DISABILITY INSURANCE 4,281.22
GARNISHMENTS 0.00
HEALTH 0.00
SUPPLEMENTAL DISABILITY 0.00
SECTION 125 0.00
PERS 29,832.33
DEFERRED COMPENSATION 370.00
ADDITIONAL LIFE INSURANCE 0.00
UNION DUES 687.22
PISMO ATHLETIC CLUB 0.00
OTHER 0
NET PAYROLL $248,503.94
DIRECT DEPOSIT DEDUCTION 246,386.93
NET PAYROLL AFTER ACH DEPOSIT 2,117.01
SUMMARY PAYROLL REGISTER

9.B-2Council Agenda 5-17-2022
Attachment 1
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City of Pismo Beach
Final Disbursement List Check Date 04/29/2022

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 10002 Internal Revenue Service 04/29/2022 91,073.93$ Federal Income Tax PD 04/29/22 ACH 10371 Visit SLO County 04/29/2022 138,440.23 TMD Payments February 2022 ACH 11305 Public Employees Retirement System 04/29/2022 63,028.47 PERS Retirement EE & ER PD 04/29/22 ACH 12211 CA. Public Emp Retirement Sys 04/29/2022 108,240.41 Medical Insurance - May 2022 ACH 12305 Franchise Tax Board 04/29/2022 17,183.73 SDI & State Income Tax PD 04/29/22 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA 04/29/2022 370.00 ICMA Roth IRA PD 04/29/22 ACH 14257 Igoe Administrative Services 04/29/2022 4,512.71 IGOE FSA & DDS Reimbursement April 2022 ACH 14257 Igoe Administrative Services 04/29/2022 139.00 IGOE FSA & DDS Reimbursement April 2022 122179 10695 AFLAC 04/29/2022 3,369.36 Supplemental Disability Insurance April 2022 122180 11882 Alexander's Contract Services Inc 04/29/2022 3,784.75 Water Meter Reading Services Apr 2022 122181 11382 Applied Technology Group, Inc. 04/29/2022 16,194.58 PD Radio Migration to City Hall during Public Safety Project 122182 10147 Arrowhead Scientific, Inc 04/29/2022 339.59 Evidence Supplies 122183 12805 Fred C. Atwood 04/29/2022 40.00 Senior Dance Band Member 4/11/22 122184 14328 B Safe Playground Inspection Services, Inc. 04/29/2022 2,400.00 Chumash Park Playground Inspection 122185 11852 Bill Gaines Audio Inc 04/29/2022 1,442.50 Summer Concert Series Audio - 05/08/22 122186 UB*00881 MARYKAY & ALBERT BOLLES (T) 04/29/2022 29.22 Refund Check 017401-000, 356 SEAVIEW 122187 14119 Boone Printing & Graphics, Inc. 04/29/2022 217.22 Business Cards: Blanchard-Hunt-Stingley-Logoluso 122188 12841 Robert Brenman 04/29/2022 40.00 Senior Dance Band Member 4/11/22 122189 12610 CalPortland Construction 04/29/2022 809.63 Class 2 Base, Fill Sand & Truck Rental 122190 10269 Carquest Auto Parts 04/29/2022 241.02 Vehicle Maintenance Supplies 122191 11451 Channel Islands Technology Integrators' Group 04/29/2022 29,020.87 Professional IT Services 122192 10379 City Of San Luis Obispo 04/29/2022 568.50 Pool Fee - Jr. Lifeguard Tryouts April 2022 122193 11231 Coastal Peaks Coffee 04/29/2022 227.00 Coffee Supplies 122194 12628 Dell Marketing LP 04/29/2022 126.04 Computer Equipment 122195 12224 Delta Dental Of California 04/29/2022 7,763.26 Dental Insurance April 2022 122196 11815 Digital Dolphin Supplies 04/29/2022 267.19 Office Supplies 122197 10142 Division of The State Architect 04/29/2022 62.40 SB1186 Jan-March 2022 122198 14324 Cristen Duke 04/29/2022 190.00 Refund: Creative Kids Class # 10856 Cancelled 122199 12541 Engel & Gray Inc 04/29/2022 11,357.88 Composting Biosolids March 2022 122200 13821 Reno Evans 04/29/2022 230.00 Reimbursement: SWRCB Grade III test 122201 13586 Famcon Pipe & Supply Inc. 04/29/2022 1,968.59 Valve change out on Ocean Blvd/Morro 122202 14206 Filippin Engineering, Inc. 04/29/2022 5,768.13 Price Canyon CM - March 2022 122203 14016 Generac Power Systems, Inc 04/29/2022 1,475.00 Lift Station Replacement Generator 122204 12195 Globalstar USA 04/29/2022 1,110.32 Satellite Phone for EOC - 2/15/22 - 2/14/23 122205 13588 Kenneth John Guge III 04/29/2022 143.50 Instructor: Judo Class March 2022 #10853 122206 12722 Derek Hood 04/29/2022 200.00 Magic Shows - Easter Event 2022 122207 14246 Hunter Smith Architecture 04/29/2022 5,368.50 Chapman Estate - March 2022 122208 11993 Information Technology 04/29/2022 1,319.53 Data Lines and External User Access- Jan-March 2022 122209 13276 InfoSend, Inc. 04/29/2022 1,519.64 Data Processing-Printing-Mailing Utility Bills 122210 10474 Joseph Wolosz 04/29/2022 6,500.00 Wolosz Parking Lot Lease May 2022 122211 11833 Keylock Security Specialists 04/29/2022 36.97 Key Copies 122212 12668 Rachelle Lapan 04/29/2022 296.00 M&IE for CAPE Conf 4/26/22 - 4/29/22 122213 14322 Ian Livingston 04/29/2022 324.00 M&IE: CALBO Annual Business Meeting 5/8 - 5/12/22 122214 12279 McMaster Carr 04/29/2022 2,055.66 Suction Water Hose for Bypass Pumps 122215 12090 Mier Bros. Landscape Products 04/29/2022 48.49 Fill Sand - Streets 122216 10097 Miners Hardware 04/29/2022 843.79 Maintenance Supplies 122217 13894 Leah Moss 04/29/2022 88.74 Mileage Reimbursement: L. Moss Feb/Mar/Apr 2022 122218 10039 New Times 04/29/2022 369.00 Legal Notice Advertising 122219 14323 Mike Nunley 04/29/2022 19.38 Refund Processing Fee: Creative Kids Class # 10856 Cancelled 122220 12270 Office Depot 04/29/2022 556.35 Office Supplies 122221 10241 Original Watermen, Inc. 04/29/2022 458.52 Lifeguard Uniform-Sweatshirts 122222 12315 Pacific Gas & Electric Company 04/29/2022 23.33 Bello Streetlight Electricity 2/5/22 - 4/7/22 122223 10697 Parker Graphic Design 04/29/2022 150.00 Easter & Father Daughter Banners 122224 10633 Pismo Beach Athletic Club Inc 04/29/2022 517.00 PBAC Dues April 2022 122225 10817 PRP Co Dba PRP Companies 04/29/2022 113.38 Evidence Envelopes 122226 10452 Rolson Music & Sound 04/29/2022 650.00 Mobile Stage Rental 05/08/22 Dino Caves Concert 122227 14306 Gary Rossi 04/29/2022 40.00 Senior Dance Band Member 4/11/22 122228 14204 S. Chaves Construction, Inc. 04/29/2022 1,536.32 Price Canyon Slope Repair March 2022 122229 11266 San Luis Auto Parts Inc 04/29/2022 426.64 Vehicle Maintenance Supplies 122230 11208 SEIU Local 620 AFL/CIO 04/29/2022 687.22 SEIU Dues PD 04/29/22 122231 13913 Silvas Oil Co., Inc 04/29/2022 8,347.46 Diesel & Unleaded Fuel Deliveries 04/07/2022 122232 10913 Siteone Landscape Supply LLC 04/29/2022 466.86 Service of DX2 Main Board (No Sensor Board) 122233 10532 SLO County Sheriff-Coroner 04/29/2022 441.00 Lab Services Dec 2021/Jan 2022 122234 10576 SLOCO Data, Inc 04/29/2022 300.00 Mailers for Chapman Neighborhood Event 122235 14326 Summer Smallwood 04/29/2022 12.57 Refund: Processing Fee Class #10863 122236 12031 Stanley Convergent Security Solutions 04/29/2022 4,081.27 City Hall Remodel - Security System Install/Reconfiguration 122237 14178 Steven Puglisi Architects, Inc. 04/29/2022 2,182.87 Construction Docs for Chapman Improvements Jan 2022 122238 12806 Donald G. Stever 04/29/2022 40.00 Senior Dance Band Member 4/11/22 122239 12321 The Gas Company 04/29/2022 1,657.54 Gas Service 03/23/22 - 04/21/22

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City of Pismo Beach
Final Disbursement List Check Date 04/29/2022

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
122240 13097 The Standard 04/29/2022 1,483.74 Life & Additional Life Insurance May 2022 122241 14228 Thomas Brady & Associated Artists 04/29/2022 5,712.43 Balance Due - Pole Mounted Holiday Decorations 122242 13442 Thorn Run Partners 04/29/2022 4,000.00 Federal Lobbying Services April 2022 122243 12860 Townsend Public Affairs 04/29/2022 3,500.00 State Lobbying Services April 2022 122244 12924 Traffic Management Inc 04/29/2022 159.05 Street Signs 122245 11165 Tri County Office Furniture 04/29/2022 2,155.46 Office Furniture - CVB/G. Jackson 122246 12982 Ultrex Business Products 04/29/2022 853.38 Fax Machine and install for Dispatch 122247 12622 USA Bluebook Acct: 82507 04/29/2022 634.78 Hach DR300 Chlorine Pocket Colorimeter 122248 12527 Water Systems Consulting Inc 04/29/2022 10,186.70 CWSRF Funding Initiatives/NCMA Staff Extension March 2022 122249 14020 Daniel Barrett Wrage 04/29/2022 1,200.00 Instructor: Volleyball Camp 4/18-4/21/22 #10828 Total 583,738.60

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.C
SUBJECT/TITLE:

DEPARTMENT ACTIVITY REPORTS FOR APRIL 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)
Prepared by: Respective departments. Meeting Date: May 17, 2022 City Manager Approval:

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City of Pismo Beach - Administrative Services Department Monthly Report – April 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 March rentals indicate that March 2022 TOT revenues are $1,175,747 which is below the year ago March 2021 TOT revenues of $1,252,036 by $76,289, or -6.09%. This decrease is related to various factors that have decreased occupancy, including more options for Spring Break travel as COVID restrictions wane, the timing of Easter, and more competition with other California counties compared to last year. Year-to-date TOT revenues for FY 2022 are $12,241,200, which is above the FY 2021 total of $9,513,292 by $2,727,908, or 28.67%. 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.

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Sales Tax Revenues

Sales tax revenues represent 1% of taxable sales received by the City. Fiscal year to date sales tax revenues through April 2022 amount to $2,619,153, which is above the year-ago total of $2,154,328 by $464,826 or 21.58% for the same period. Sales tax revenues are typically received 3 months after the month for which it was collected. For example, April revenues received are collected from January 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 March 2022 was 8.50%.

OPERATIONS

Finance

Revenues
• Sales Tax: The 1st Quarter 2022 Sales Tax Return was filed with the California Department of Tax and Fee Administration.
• American Rescue Plan Act: Finance staff prepared and submitted the annual Project and Expenditure Report for the period of March 3, 2021 to March 31, 2022 to the US Department of Treasury. Recipients of the Coronavirus State and Local Fiscal Recovery Funds (SLFRF), authorized by the American Rescue Plan Act of 2021, are required to report data annually on how these funds were used to support their response to and recovery from the COVID-19 public health emergency.

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Financial Reporting
• Auditing Services: The RFP for Financial Auditing Services closed on April 15, 2022. The proposals that were received are being evaluated by staff who will be holding interviews and recommending their selection to the City Council.

Staff
• Training:
o Single Audits, a webinar presented by CalCPA, was attended by the Finance Manager. o Essential Tools for Effective Payable Policies and Procedures in the Treasury Office, a webinar sponsored by GFOA, was attended by the Finance Manager. o Harassment Prevention, a mandatory training sponsored by CJPIA, was attended by all Administrative Service Department staff.

Technology

Safety & Security
• Cybersecurity: IT improved cybersecurity controls on the City’s accounts that have administrative access level permissions.

Infrastructure
• City Hall:
o Server Room: IT and Public Works replaced the AC unit for the City Hall server room after the previous unit started to leak.
o Wireless Access Points: IT deployed additional wireless access points at City Hall to increase coverage and capacity.
• Police Department:
o Police Mobile Command Vehicle: IT worked with Police to finish installing all IT equipment in the Mobile Command Vehicle.
o Dispatch: IT replaced the fax machine and a printer in Police dispatch with a single machine. Dispatchers will now be able to fax from their computers reducing the amount of paper used.
o New CAD/RMS System: IT worked on evaluating a new proposed CAD/RMS system.

This includes coordination on CAD to CAD with San Luis Obispo County and Grover Beach to continue to dispatch for the City of Grover Beach. • City Wide:
o City Copiers: IT deployed a new tool to help more efficiently manage the address books in the City’s copiers.
o Laserfiche: IT upgraded the City’s Laserfiche Forms server to provide new functionality and security patches.

Projects
• City Hall Remodel: IT completed the first phase of the City Hall access control project. Key cards have been issued to all City Hall employees.

9.C-4Council Agenda 5-17-2022
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Accounts Payable April March February
Invoices Entered / Checks Issued:772/350 854/330 390/238 New purchase orders issued:12 12 13
New contract purchase orders issued:0 5 3
Change Orders / Amended PO's issued:14 12 6
Total dollar amount of all PO's issued:353,850$ 7,464,506$ 326,019$ Total Invoices paid:2,905,773$ 3,877,630$ 3,665,529$ Total No. of Voids processed: 4 7 1
Total Dollar amount of Voids:1,199$ 4,189$ 131$ Business License Certificates
Renewed Licenses issued / New Licenses 13/54 3/52 8/20
Payroll
New employees entered / Terminations:2 / 0 1 / 1 1 / 0 Auto. Payroll Deposits / Checks Issued:123 / 4 120 / 3 116 / 3 Total gross salary:360,210$ 364,417$ 359,320$ Total net salary:248,504$ 235,772$ 232,573$ Employee file maint. / Retro-pay calcs:13 / 1 11 / 1 16 / 1 Utility Billing
Downtown: Routine Utility Bills:2806 0 2,807
Delinquent Utility Bills:0 234 0
Shell Beach: Routine Utility Bills:0 2,135 0
Delinquent Utility Bills: 133 0 147
Cash receipts:848,504$ 916,234$ 761,429$ Customer accts paid/ACH Direct/Online Bills:2356/264/595 2833/349/638 2264/269/565 48 Hour Notices / Water Lock-Outs:0/0 0/0 0/0
Meter Sets / Meter Change Outs / Demos:2/4/000 0/4/0 0/3/0 Change Orders / Closing Bills:62/41 69/54 12/10
Billing Adjustments / Deposits:6/076 156/49 53/34
Delinquent Closed Invoices / Write-Offs:0/0 0/0 0/0
Administrative Services Department
Statistical Activity Report - April 2022

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Attachment 1
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CITY MANAGER’S OFFICE ACTIVITY REPORT APRIL 2022

 Met with Council Members to discuss various topics of interest.  Met with Department Heads to discuss various topics of interest.  Negotiated final agreements with Waste Connections for waste hauling.  Met with League of California Cities Legislative Representative to discuss Legislative Updates.  Participated in a site meeting with Community Development Director and an RV dealer.  Attended South County Chambers of Commerce Pismo Beach Business Meeting.  Participated in League of California Cities Executive Committee Meeting.  Hosted and participated in Quarterly “Mayor and Chairs” Meeting.  Attended Annual Taste of Pismo in representation of the City in support of the Pismo Beach Chamber of Commerce.
 Participated in League of California Cities Governance Committee Meeting.  Attended in-person CJPIA Workplace Harassment Training.  Met with Visit SLO CAL President and CEO
 Attended meeting with U.S. Congressman Salud Carbajal.  Facilitated monthly update meeting with Chamber of Pismo Beach Chamber of Commerce.  Attended South County Chambers of Commerce Governmental Affairs Committee Meeting.  Participated in League of California Cities Central Coast Chapter City Managers’ Meeting.  Attended South County Homeless Task Force Meeting.

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APRIL 2022 CDD Monthly Report 1

PISMO BEACH COMMUNITY DEVELOPMENT DEPARTMENT
MONTHLY REPORT FOR APRIL 2022
BUILDING DIVISION٠CODE COMPLIANCE٠PLANNING DIVISION

BUILDING DIVISION

ISSUED PERMITS SUMMARY
Date Permit
Number
Address Description Valuation Total Fees
04/01/2022 B22-000126 100 Pismo
Avenue 135
Plumbing,
Mechanical &
Electrical
0 193.5
04/01/2022 B22-000133 305 Seaview
Avenue
Plumbing,
Mechanical &
Electrical
0 156.17
04/01/2022 B22-000137 170
Beachcomber
Residential
Alteration
8000 308.56
04/04/2022 B22-000054 44 Capanna
Court
Solar PV -
Residential
9980 598.43
04/04/2022 B22-000108 698 Vista Pacifica
Circle
Solar PV -
Residential
5320 415.37
04/04/2022 B22-000124 745 Panorama
Drive
Solar PV -
Residential
5320 415.37
04/04/2022 R22-000023 2705 Barcelona
Road
Revision 0 89.89
04/06/2022 R22-000017 327 Morro
Avenue
Revision 0 89.89
04/06/2022 B22-000039 280 Irish Way Solar PV -
Residential
8000 415.37
04/06/2022 B22-000111 991 Price Street Commercial
Alteration
300 139.1
04/07/2022 B21-000500 1278 Costa Brava Solar PV -
Residential
11000 415.37
04/07/2022 B21-000476 1278 Costa Brava Single Family
Residence
651388.16 70493.06

9.C-7Council Agenda 5-17-2022
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APRIL 2022 CDD Monthly Report 2
Date Permit
Number
Address Description Valuation Total Fees
04/07/2022 B22-000061 717 Shell Beach
Road
Residential
Alteration
1000 181.77
04/11/2022 B22-000130 120 Narlene Way Residential
Alteration
5000 422.37
04/11/2022 B22-000081 893 Oak Park
Boulevard
Commercial
Alteration
6000 652.83
04/11/2022 B22-000142 1090 Longview
Avenue
Re-roof Residential 10200 80.38
04/12/2022 B22-000148 240 Pier Avenue Plumbing,
Mechanical &
Electrical
0 130.53
04/13/2022 B22-000149 690 Bay Street Plumbing,
Mechanical &
Electrical
0 92.05
04/13/2022 R22-000019 501 Shell Beach
Road
Revision 0 89.89
04/13/2022 R22-000024 1337 Costa Brava Revision 0 89.89 04/13/2022 B22-000151 145 Capistrano Residential
Alteration
60000 1734.91
04/13/2022 B22-000152 285 San Luis
Avenue
Residential
Alteration
25000 753.6
04/13/2022 B22-000140 370 Pismo Street Re-roof Residential 15000 95 04/14/2022 B22-000154 341 Franklin
Street
Plumbing,
Mechanical &
Electrical
0 252.95
04/15/2022 B22-000156 580 Cypress
Street
Commercial
Alteration
2500 328.21
04/15/2022 B22-000158 206 Indio Drive Re-roof Residential 21030 81.78

9.C-8Council Agenda 5-17-2022
Attachment 3
Packet Page 29

APRIL 2022 CDD Monthly Report 3
Date Permit
Number
Address Description Valuation Total Fees
04/18/2022 B22-000125 2757 Shell Beach
Road
Fire Alarm 9852 699.6
04/18/2022 R22-000020 310 Wilmar
Avenue
Revision 0 89.89
04/20/2022 B21-000372 220 Ocean View Residential
Alteration
3004.83 368.56
04/20/2022 B21-000537 103 El Portal
Drive
Residential Addition 300000 19672.23
04/20/2022 B22-000116 317 Palisade
Avenue
Residential
Alteration
8119 621.34
04/20/2022 B21-000374 220 Ocean View Residential
Alteration
3004.83 368.56
04/20/2022 B21-000375 220 Ocean View Residential
Alteration
3004.83 368.56
04/20/2022 B21-000376 220 Ocean View Residential
Alteration
3004.83 368.56
04/20/2022 B21-000371 220 Ocean View Residential
Alteration
3004.83 368.56
04/21/2022 B22-000110 851 Hanford
Street
Retaining Wall 13500 465.65
04/21/2022 R21-000069 855 4th Street Revision 0 89.89
04/21/2022 R21-000070 855 4th Street Revision 0 89.89
04/22/2022 B22-000165 2131 Price Street Sign - Illuminated 12000 1405.13 04/22/2022 B21-000534 311 Capistrano
Avenue
Residential Addition 150000 10914.55

9.C-9Council Agenda 5-17-2022
Attachment 3
Packet Page 30

APRIL 2022 CDD Monthly Report 4
Date Permit
Number
Address Description Valuation Total Fees
04/25/2022 B22-000083 251 Irish Way Solar PV -
Residential
9000 415.37
04/25/2022 B22-000136 440 Dell Court Solar PV -
Residential
1803 781.49
04/25/2022 B22-000150 867 Norma Way Solar PV -
Residential
6650 415.37
04/25/2022 B22-000160 170 Valley View
Drive
Solar PV -
Residential
9310 415.37
04/25/2022 B22-000161 211 Coral Court Solar PV -
Residential
5320 415.37
04/25/2022 B22-000164 324 Selma Solar PV -
Residential
32641 416.37
04/25/2022 B21-000453 146 La Floricita
Street
Residential
Alteration
100000 7206.5
04/25/2022 B22-000169 233 Christine
Way
Re-roof Residential 12700 80.7
04/28/2022 B22-000172 220 Capistrano
Avenue
Plumbing,
Mechanical &
Electrical
0 116.53
04/28/2022 B22-000175 2 Paseo Ladera Plumbing,
Mechanical &
Electrical
0 151.42
04/29/2022 B22-000174 570 Wadsworth
Avenue
Plumbing,
Mechanical &
Electrical
0 93.22
04/29/2022 R22-000025 1265 Costa Brava Revision 0 89.89 Total 52 1530957.31 125204.81

9.C-10Council Agenda 5-17-2022
Attachment 3
Packet Page 31

APRIL 2022 CDD Monthly Report 5

NEW APPLICATIONS SUMMARY
Date Permit
Number
Address Description Valuation
04/01/2022 R22-000023 2705 Barcelona Revision 0
04/01/2022 B22-000133 305 Seaview Avenue Plumbing, Mechanical & Electrical
0 04/01/2022 B22-000136 440 Dell Court Solar PV - Residential 1803 04/01/2022 B22-000137 170 Beachcomber Dive Residential Alteration 8000 04/01/2022 B22-000135 390 Ocean View Commercial Alteration 10000 04/06/2022 B22-000140 370 Pismo Avenue Re-roof Residential 15000 04/07/2022 R22-000024 1337 Costa Brava Revision 0
04/07/2022 R22-000022 250 Santa Fe Avenue Revision 0
04/08/2022 B22-000141 330 El Portal Drive Solar PV - Residential 38250 04/08/2022 B22-000142 1090 Longview Avenue Re-roof Residential 10200 04/11/2022 B22-000145 1222 Price Street Commercial Alteration 50000 04/12/2022 B22-000146 211 Princessa Solar PV - Residential 21908 04/12/2022 B22-000148 240 Pier Avenue Plumbing, Mechanical & Electrical
0 04/13/2022 R22-000025 1265 Costa Brava Revision 0
04/13/2022 B22-000150 867 Norma Way Solar PV - Residential 6650 04/13/2022 B22-000149 690 Bay Street Plumbing, Mechanical & Electrical
0 04/13/2022 B22-000147 174 El Viento Plumbing, Mechanical & Electrical
0 04/13/2022 B22-000144 590 Dolliver Street Sign - Illuminated 600 04/13/2022 B22-000153 230 Coral Court Residential Alteration 10000 04/13/2022 B22-000151 145 Capistrano Avenue Residential Alteration 60000

9.C-11Council Agenda 5-17-2022
Attachment 3
Packet Page 32

APRIL 2022 CDD Monthly Report 6
Date Permit
Number
Address Description Valuation
04/13/2022 B22-000152 285 San Luis Avenue Residential Alteration 25000 04/14/2022 B22-000154 341 Franklin Drive Plumbing, Mechanical & Electrical
0 04/14/2022 B22-000155 132 Peyton Place Solar PV - Residential 5600 04/14/2022 B22-000156 580 Cypress Street Commercial Alteration 2500 04/15/2022 B22-000158 206 Indio Drive Re-roof Residential 21030 04/18/2022 B22-000161 211 Coral Court Solar PV - Residential 5320 04/18/2022 B22-000159 333 Five Cities Drive Sign - Illuminated 2400 04/19/2022 B22-000165 2131 Price Street Sign - Illuminated 12000 04/19/2022 B22-000160 170 Valley View Drive Solar PV - Residential 9310 04/19/2022 B22-000164 324 Selma Street Solar PV - Residential 32641 04/19/2022 B22-000139 116 Irish Way Solar PV - Residential 8800 04/20/2022 B22-000166 280 Coral Court Solar PV - Residential 17000 04/20/2022 B22-000168 120 Searidge Court Solar PV - Residential 18000 04/20/2022 B22-000167 120 Searidge Court Single Family Residence 518461.16 04/21/2022 R22-000026 250 Capistrano Avenue Revision 0
04/21/2022 R22-000027 148 Searidge Court Revision 0
04/22/2022 R22-000029 1337 Costa Brava Revision 0
04/25/2022 R22-000028 121 Narlene Way Revision 0
04/25/2022 B22-000169 233 Christine Way Re-roof Residential 12700 04/26/2022 B22-000157 61 El Viento Solar PV - Residential 6650 04/27/2022 B22-000173 147 Stimson Street Sign - Illuminated 15000

9.C-12Council Agenda 5-17-2022
Attachment 3
Packet Page 33

APRIL 2022 CDD Monthly Report 7
Date Permit
Number
Address Description Valuation
04/27/2022 R22-000030 44 Capanna Court Revision 0
04/27/2022 R22-000031 555 Five Cities Drive Revision 0
04/27/2022 B22-000171 120 Surf Street Solar PV - Residential 5320 04/27/2022 B22-000138 119 Narlene Way Residential Alteration 10000 04/28/2022 B22-000172 220 Capistrano Avenue Plumbing, Mechanical & Electrical
0 04/28/2022 B22-000175 2 Paseo Ladera Plumbing, Mechanical & Electrical
0 04/29/2022 B22-000174 570 Wadsworth Avenue Plumbing, Mechanical & Electrical
0 04/29/2022 B22-000177 148 Searidge Court Plumbing, Mechanical & Electrical
0 04/29/2022 B22-000179 169 El Viento Solar PV - Residential 7315 04/29/2022 B22-000180 151 Surf Street Solar PV - Residential 11970 04/29/2022 B22-000181 622 Vista Pacifica Circle Solar PV - Residential 22132 04/29/2022 B22-000114 990 Bakersfield Street Single Family Residence 823636.4 04/29/2022 B22-000178 169 El Viento Re-roof Residential 6930 Total 54 1832126.56

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. • Harry’s Night Club has received final inspection.
• A kitchen fire was extinguished at Hoagie’s restaurant. Plans and permits have been approved, and final inspection was completed. The restaurant is once again open. • A Plan submittal was received for 105 room Marriott hotel at 120 Branch Street.

INSPECTIONS PERFORMED: 196

PLAN REVIEWS:
• Building: 66
• Planning: 12
• Engineering: 1

9.C-13Council Agenda 5-17-2022
Attachment 3
Packet Page 34

APRIL 2022 CDD Monthly Report 8

CODE COMPLIANCE

CASE SUMMARY:
• Cases Closed: 9
• Cases Opened: 13
• Site Visits: 36
• Notice of Violation / Citation: 21
• STR Inspections: 1

PLANNING DIVISION

PUBLIC INQUIRIES:
• Emails: 1,030
• Calls: 211

CITY COUNCIL AND ADVISORY BOARD MEETINGS:
• City Council: Staff attended the April 5, 2022, and April 19, 2022, regular meetings. • Planning Commission: Staff attended the April 12, 2022, and April 26, 2022, regular meetings.

NEW APPLICATIONS SUMMARY:

Project Number Date Received Address Description
P22-000025 04/01/2022 142 Leeward Avenue Coastal Addition P22-000029 04/01/2022 2757 Shell Beach Road Other
P22-000030 04/01/2022 860 Wadsworth Avenue Coastal Addition P22-000032 04/05/2022 861 Stratford Street Coastal Addition P22-000033 04/22/2022 115 Capistrano Avenue Coastal Addition P22-000034 04/14/2022 590 Dolliver Street Sign
P22-000035 04/15/2022 811 Bakersfield Street Other – Time Extension P22-000036 04/18/2022 333 Five Cities Drive Sign
P22-000037 04/21/2022 220 Five Cities Drive Commercial Addition P22-000038 04/26/2022 851 Delano Street Deck Addition
P22-000039 04/28/2022 162 Peyton Court Coastal SFR

9.C-14Council Agenda 5-17-2022
Attachment 3
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APRIL 2022 CDD Monthly Report 9
PROJECT ADMINISTRATION:
• Administrative Reviews: 31
• Discretionary Reviews: 40
• Plan Checks: 46
• Site Inspections: 26

SPECIAL PROJECTS UPDATE/OTHER:
• General Plan/Local Coastal Plan (GP/LCP): Staff is reviewing components of the Final EIR. Staff is evaluating options for posting Council Member and Commissioner questions in compliance with the Brown Act.
• Development Review Team Meeting: Staff attended the weekly recurring Development Review Team meetings.
• Parking Management Plan: Staff made progress on obtaining a consultant to complete the Parking Management Plan Update and anticipates presenting the item to Council in May. • Martin Resorts: Staff met with representatives to discuss components of recent improvement projects.
• Department Head Retreat: The Director attended the Department Head Retreat. • Parklets: Staff attended a Risk Managers Roundtable to discuss best practices, resources, and safeguards, that help increase sidewalk and on-street dining safety for public agency residents and visitors.
• Sea Level Rise Strategies Group: Staff met with Coastal Commission staff to discuss the potential for addressing sea level rise at the neighborhood scale.
• Sky River RV: The City Manager and staff met with the owner of Sky River RV to discuss the improvements necessary to comply with the Municipal Code. • Regional Housing Action Team Meeting: Staff attended the monthly Housing Action Meeting. • Management Training Academy: Staff attended the Management Training Academy put on by the Community Development Department.
• Coastal Cities Group Leadership Committee: Staff attended the monthly Leadership Committee meeting.

9.C-15Council Agenda 5-17-2022
Attachment 3
Packet Page 36

APRIL 2022 CDD Monthly Report 10
• Harassment Training: Staff participated in Harassment Training put on by Harbinger Horizons on behalf of JPIA.
• Administrative Professional’s Day: Staff celebrated the hard work of our administrative professionals; we cannot thank them enough for all that they do!
• Records Digitization Project: Staff commenced discussions with the City Clerk on the department’s records digitization project. Over the next several weeks staff will prepare its records for scanning, consistent with the City’s Records Retention policies.
• Ocean Boulevard Groundbreaking: Staff attended the groundbreaking ceremony for the Pedestrian Improvement Project.

9.C-16Council Agenda 5-17-2022
Attachment 3
Packet Page 37

Eddy Moore, Unit Chief

Prepared by: Michelle Pearson, Administrative Assistant Submitted by: Paul Lee, Battalion Chief

Fire Prevention
• 58-Plan reviews (Building/Planning)
• 9-Site visits
• 9-Fire Final
• 3-Rough/hydro inspection
• 1-Hotel inspection
• 1-Hotel elevator inspection-telephone system
• 2-Knox inspection
• 1-Public Service Assistance
• 4-Emergency responses
• 3-Special events
• Weed Abatement
• Film Permit
• Planning/Building meeting
• Car Show Planning meeting

Significant Incidents
• 04/13-A small fire occurred at Hoagies Restaurant. The investigation is pointing to improper use of commercial kitchen equipment. The kitchen will be closed until all proper repairs are made and the equipment is used in a safe manner. There was a small amount of damage caused to the Gallery next door.

Administration/Vegetation Management
• Staff will be requesting to purchase a stand-alone Thermal Imagining Camera (TIC) that is not connected to the Self Contained Breathing Apparatus (SCBA).

This will allow for independent use not needing an SCBA to be worn. The handheld TIC will still allow for searching in smokey conditions but also allow for victim searches at car accidents where people are ejected into the vegetation, looking at how full a chemical tank is, and searching for heat where an SCBA is not needed. It will also be 100% reliable as a Bluetooth connection to the face mask is no longer needed. We will be recommending that we purchase our April 2022 Activity Report

9.C-17Council Agenda 5-17-2022
Attachment 4
Packet Page 38

SCBAs and the TIC at the same time so that personnel can train using both. This will save staff time and provide more efficient training on this equipment. • City-wide Weed Abatement inspections are starting soon. Captain Byrnes and Michelle Pearson will be looking for vegetation on City and private lots that need to be removed to reduce fire risk. All City lots will be cleared before any work is done by the city contractor on any private lots. This program is a great tool to help harden our community against a damaging fire.
• Week of 4/18-Fire staff kicked off the Community Wildfire Protection Plan (CWPP) that the Fire Safe Council is funding. The project area is from Price Cyn Road North to Avila Beach Drive including the Pismo Preserve. The contractor selected has done work in the past when the last CWPP was done by CAL Poly on Ontario Ridge. Fire was happy with the last CWPP Results, and we are looking forward to this next chapter.

Lifeguards/Junior Lifeguard Program
• We have 5 new Lifeguards participating in the required USLA Academy. They have completed their first weekend of training and will need to get through the first two weekends in May and pass the final exams in order to be Lifeguard in Pismo Beach this summer.
• Captain Pacheco and Michelle Pearson have been working on a new version of our Pismo Beach Junior Lifeguard Program. Michelle has also been working with the City IT Department on setting up a completely online registration process for the JG Program. The participants will still be required to pass a swim test. The Program will also be split into two 3-week sessions instead of the 6-week program we used to offer. All of the other Junior Lifeguard Programs in the County offer multiple sessions. Staff has been corresponding with parents who are eager to register for our program this year and we are looking forward to a full program.
• Junior Lifeguard tryouts are complete and there are approximately 70 kids registered for the program which is double from what we had last year. Parents seem pleased with the changes made to our program.

9.C-18Council Agenda 5-17-2022
Attachment 4
Packet Page 39

April 2022 Stats

Number of Calls % Type of Incident
0 0.00%Debris
77 81.05%Emergency Medical
5 5.26%Fire Alarms
0 0.00%Fire Menace Standby
0 0.00% Flooding
0 0.00%Gas Leak
3 3.16%Other
4 4.21%Public Service Assistance
0 0.00%Smoke Check
1 1.05%Structure Fire
5 5.26%Traffic Collision
0 0.00%Vehicle Fire
0 0.00%Wildfire
95 100.00%
Incidents by City Response Area
Medicals Other % Descriptive Area
3 1 4.21% Palisades A
3 0 3.16% Spyglass B
14 3 17.89%Shell Beach Village C
1 1 2.11%Mattie Rd D
3 1 4.21%Shorecliff E
15 5 21.05% Downtown F
6 0 6.32% Heights G
10 1 11.58%Ventana H
12 0 12.63%Trailer Parks I
6 3 9.47%Five Cities Dr J
4 3 7.37%James Way K
Total 95 100.00%

9.C-19Council Agenda 5-17-2022
Attachment 4
Packet Page 40

MANAGEMENT SERVICES DEPARTMENT

MONTHLY ACTIVITY REPORT

April 2021

MANAGEMENT SERVICES DEPARTMENT

CITY CLERK

ADVISORY BODIES
• Coordination with staff liaisons on records management topics and revisions of agenda templates to reflect current state face covering guidance.

ELECTIONS & POLITICAL REFORM
• Received and processed one Form 501 and one Form 410 for a Mayoral candidate in the November 2022 election.
• Coordination with County Elections staff on ballot box location for June 2020 election. • Provided venue for League of Women Voters and Latino Outreach Council’s Supervisor candidate forums for June 2022 election.

RECORDS MANAGEMENT
• Ongoing review of numerous records requests.
• Ongoing coordination with the City’s claims handlers and counsel to provide relevant records. • Coordination with outside counsel on staff depositions in one matter. • Completed preparation of litigation document production in one matter. • Coordination with Police Department staff on planned updates to records retention practices relating to records affected by SB 2, SB 16, SB 1421, and other recent legislation. • Coordination with Planning Division staff on project framework for digitization of all CDD development files.

CPRA REQUESTS COMPLETED
• Almada, Pismo Terrace Project Records
• Camara, 111 Coral Court Re-Roof Building Permit
• Copsey, 131 Hermosa Building Permits
• Cotton, 389 El Portal Drive Building Permits and Plans • Darbinyan, SB Reservoir Project Records
• Dawn, 900, 1001, and 1253 Shell Beach Road Building Permits • Gabe, 235 Foothill Road Permits and Plans
• Jacobs, Utility GIS Data
• Lorimer, Auditors RFP Results
• Morrow, 2757 Shell Beach Road Code Violations and C of O • Tormis, Cell Tower Agreements
• Wexler, 300 Valley View Roofing Permit
• Workman, 2121 Price Street Records

9.C-20Council Agenda 5-17-2022
Attachment 5
Packet Page 41

HUMAN RESOURCES
• Recruitment:
o Summer Maintenance
o Facility Attendant
o Summer Maintenance
o IT Intern
o Wastewater Operator
o Recreation Office Assistant

• Backgrounds:
o PT Recreation Coordinator
o PT Facility Attendant
o PT Recreation Office Assistant
o PT Maintenance Worker
o Wastewater Operator
o Ocean Lifeguards
o PT Parking Enforcement
o Crime Analyst

• Interviews:
o Crime Analyst
o PT Parking Enforcement
o Public Safety Dispatcher
o Facility Attendant

• Offers:
o PT Facility Attendant
o PT Recreation Office Assistant
o Ocean Lifeguard
o Dispatch

• New employee orientation:
o Public Safety Dispatcher

TRAINING AND STAFF DEVELOPMENT
• This week, the department held its 2nd session of the Managers and Supervisors Training Academy. This weeks’ session was presented on the Community Development Department. • City Council, Staff, and Advisory Body members attended biennial Workplace Harassment and Prevention compliance training.

LEGISLATIVE AFFAIRS
• The Mayor, City Manager and Assistant City Manager had a Zoom call with Rep. Salud Carbajal to discuss our application for Central Coast Blue, and the stairs at Ocean/Pier. The meeting went well and we are hopeful that it will result in funding for the City.

9.C-21Council Agenda 5-17-2022
Attachment 5
Packet Page 42

PUBLIC OUTREACH / PUBLIC INFORMATION
• The Clam Chronicle has been distributed to the community and we have received positive feedback on the new layout and the millions of dollars of investment by the City Council into the various areas of the community.
• Groundbreaking at Ocean/Morro was carried by both of our main news stations.

• New Postings:
o Public Safety Dispatcher Appreciation
o Egg-Stravaganza
o CalTrans Paving Work
o Park Improvements Coming

OTHER
• The CJPIA asked the Assistant City Manager to be their first Member Spotlight on their new HR Talk Show to discuss the City’s Managers and Supervisors Academy, as well as highlighting why Pismo Beach is an employer of choice. We will share the video once it is released. • Published RFP for new Cablecast Operations vendor.

9.C-22Council Agenda 5-17-2022
Attachment 5
Packet Page 43

Pismo Beach Police Department
1000 Bello Street, Pismo Beach, CA 93449
(805) 773-2208
www.pismobeach.org/police
Monthly Activity & Crime Statistics Report
April 2022
Date Posted_________
Submitted: 5/6/2022 9.C-23Council Agenda 5-17-2022
Attachment 6
Packet Page 44

PISMO BEACH POLICE DEPARTMENT
APRIL 2022

MONTHLY ACTIVITY AND CRIME STATISTICS

Table of Contents

Activity Report
Office of the Chief…………………………………………………………………….… 1
Training Report…………………………………………………………………………. 1
Volunteers Summary…………………………………….…………………………….. 1
Overtime & Salary………………………………………………………………………. 1

Investigations Statistics
Routine Investigations………………………………………………………………….. 2
Investigation Management…………………………………………………………….. 2
Property & Evidence……………………………………………………………………. 2
Compliance & Permits………………………………………………………………….. 2
Special Operations……………………………………………………………………… 3

Crime Statistics
Workload Trends & Crime Statistics………………………………………………….. 4 Arrests, Citations, & Traffic Activity…………………………………………………… 5 Heatmap & Activity Analysis…………………………………………………………… 6

9.C-24Council Agenda 5-17-2022
Attachment 6
Packet Page 45

PISMO BEACH POLICE DEPARTMENT
APRIL 2022

MONTHLY ACTIVITY AND CRIME STATISTICS

OFFICE OF THE CHIEF

1. On April 7, 2022, Chief Smith participated in a tour of the Clovis Fire Station Building in Clovis, CA.

2. On April 14, 2022, the Police Department participated in Dispatch Appreciation Week by hosting a barbecue dinner for the dispatchers and their families, where their many accomplishments were highlighted during a challenging year.

3. On April 21, 2022, Chief Smith provided a presentation at a Cops ‘N Kids event, where he shared current projects, challenges and successes of the department.

4. On April 27, 2022, Chief Smith and the staff recognized Admin. Secretary Harmony Brown, as part of Administrative Professionals Day, with flowers, gifts and many ‘thank you’s’.

MONTHLY TRAINING REPORT

POLICE VOLUNTEERS SUMMARY

Volunteers were active in court runs, records and property / laboratory deliveries.

Volunteer Service Hours
Patrol 7.50
Special Events 0.00
Administrative 35.75
Call-Outs 0.00
Training/Misc. 14.00
Total Hours 57.25

OVERTIME & SALARY

Total Overtime Budgeted FY 21/22 $372,877.00
Total Overtime Spent YTD $334,936.53
Percentage Overtime Spent YTD 89%

Total Salary Budgeted FY 21/22 $3,415,776.28
Total Salary Spent YTD $2,619,555.93
Percentage Salary Spent YTD 76%

Type of Training Attending Personnel Hours
SWAT Monthly Training 2 Officers 22
Lexipol Daily Training Bulletins 18 Sworn, 7 Non-Sworn 37.5 Suicide By Cop 1 Officer 8
FEMA EMI Course 1 Commander 40
City Staff Retreat 1 Chief 16
Total Hours 123.5 hrs

9.C-25Council Agenda 5-17-2022
Attachment 6
Packet Page 46

PISMO BEACH POLICE DEPARTMENT
APRIL 2022

MONTHLY ACTIVITY AND CRIME STATISTICS

INVESTIGATIONS STATISTICS

Routine Investigations
Arrests 2
Total Cases Worked 14
- Property Crimes 3
- Person Crimes 2
- Sex Crimes 1
- Other Criminal 7
- Other Non-Criminal 1
Supplemental Reports Completed 12
- Closed Cases – Misdemeanor 1
- Closed Cases – Felony 3
- Cases Filed with DA – Misdemeanor 1
- Cases Filed with DA – Felony 1
- Informational only 6

Investigation Management
Cases Assigned – Current 25
Cases Reviewed 54
Missing Person Cases Reviewed 3

Property and Evidence
New Property Cases 3
Property Purged 36
Physical Property Booked 300
Digital Property Booked 302
Property Auction 0
Evidence Processed 9
Fingerprint Submitted 2

Compliance and Permits
Annual PC 290 Registration Renewals 0
CCW Background Investigations 1
H&S 11590 Registration 0
PC 451.7 Arson Registration 0
Massage Establishment/Practitioner Permits 0

9.C-26Council Agenda 5-17-2022
Attachment 6
Packet Page 47

PISMO BEACH POLICE DEPARTMENT
APRIL 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 10
Warrants Served 10

9.C-27Council Agenda 5-17-2022
Attachment 6
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WORKLOAD Apr 2022 Apr 2021 Mar 2022 Variant % Change YTD 2022 YTD 2021 Variant % Change Calls For Service 2,268 2,756 2,334 -66 -2.8%9,044 9,842 -798 -8.1% Community-Generated Calls 1271 1510 1,210 61 5%5,237 5,337 -100 -2% Self-Initiated Activities 997 1246 1,124 -127 -11%3,807 4,505 -698 -15% Incident Reports 199 255 204 -5 -2%849 1,038 -189 -18%
9-1-1 Calls 485 755 712 -227 -32%2,565 2,544 21 1%
Arrests 106 187 197 -91 -46%470 663 -193 -29%
Citations & Warnings 236 401 391 -155 -40%1,173 1,337 -164 -12% Parking Citations 1,108 884 1,096 12 1%4,958 3,198 1,760 55% Total Workload 4,402 5,238 3,525 -532 25%19,059 18,622 437 2% PART 1 CRIMES
Arson 0 0 0 0 0%0 0 0 0%
Assault (Aggravated)4 5 0 4 400%10 12 -2 -17%
Auto Theft 1 3 2 -1 -50%4 9 -5 -56%
Burglary 3 8 10 -7 -70%26 27 -1 -4%
Homicide 0 0 0 0 0%0 0 0 0%
Larceny 17 17 22 -5 -23%66 85 -19 -22%
Rape 0 0 0 0 0%2 0 2 200%
Robbery 0 0 1 -1 -100%3 1 2 200%
Total Pt 1 Crimes 25 33 23 -10 9%111 134 -23 -17%
0 0%0%
PART 2 CRIMES
Assault (Simple)7 8 6 1 17%21 20 1 5%
Disorderly Conduct 8 8 5 3 60%28 33 -5 -15%
DUI 9 16 5 4 80%31 53 -22 -42%
Forgery/Fraud 3 4 4 -1 -25%9 15 -6 -40%
Narcotics Offenses 22 42 30 -8 -27%118 161 -43 -27%
Sex Offense 0 1 3 -3 -100%6 3 3 100%
Vandalism/Graffiti 11 5 5 6 120%37 32 5 16%
Warrant Arrest 27 51 40 -13 -33%157 173 -16 -9%
Weapons 6 4 1 5 500%13 25 -12 -48%
Total Pt 2 Crimes 93 139 115 -6 -19%420 515 -95 -18%
APRIL 2022

PISMO BEACH POLICE DEPARTMENT

MONTHLY ACTIVITY AND CRIME STATISTICS
1510 1433 1477
1796
1548 1527 1424 1411 1322 1437 1299 1210 1271
1246 1062 910 1107 1018 1019 926 931 787 775 879
1124 997
254 262 223 278 254 256 221 192 182 215 228 203 199
Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 WORKLOAD TREND Community-Generated Calls Self-Initiated Activities Incident Reports

9.C-28Council Agenda 5-17-2022
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ARRESTS Apr 2022 Apr 2021 Mar 2022 Variant % Change YTD 2022 YTD 2021 Variant % Change Adult 105 185 107 -2 -2%465 656 -191 -29%
Juvenile 1 2 0 1 %5 7 -2 -29%
Total Arrests 106 187 131 -25 -19%470 663 -193 -29%
0%
CITATIONS 0%
Traffic Violation Citations 102 153 120 -18 -15%430 526 -96 -18% Infraction 69 74 84 -15 -18%299 292 7 2%
Hazardous 0 0 0 0 0%0 0 0 0%
Misdemeanor 33 79 36 -3 -8%131 233 -102 -44%
Felony 0 0 0 0 0%0 1 -1 -100%
All Other Citations 96 165 183 -87 -48%539 563 -24 -4%
Warnings 43 92 93 -50 -54%223 283 -60 -21%
Parking Citations 1,108 884 1,096 12 4958%4,958 3,198 1,760 55% Total Citations 1,349 1,294 1,492 -143 -10%6,150 4,570 1,580 35% TRAFFIC ACTIVITY 0%
Traffic Stops 338 499 252 86 34%1,347 1,831 -484 -26%
Traffic Accidents 16 21 10 6 60%49 54 -5 -9%
DUI 4 4 1 3 300%9 8 1 13%
Hit & Run 7 2 0 7 700%9 14 -5 -36%
Injury 4 11 4 0 0%7 19 -12 -63%
Property Damage Only 9 13 6 3 50%13 16 -3 -19%
0 0 0 0 0
0 0
0 4
0 2
1 4

MONTHLY ACTIVITY AND CRIME STATISTICS
APRIL 2022

PISMO BEACH POLICE DEPARTMENT
350
252
338
202
217
167
35 35
56 FEB
MAR
APR
3 MONTH TRAFFIC STOPS ACTIVITY
Led to Arrest
Led to Citation
Vehicle Stops
33%
25%
17%
25%

MONTHLY TRAFFIC COLLISION
CAUSES
DUI
Failed to Stop
Failed to Yield
Other
Unsafe Start/Back
Unsafe Turn/Lane
Change

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JU
Jun 2019 Jul 2019
62%of reported actvity occurred between the hours of 7:00 a.m. and 6:59p.m. 38%of reported activity occurred between the hours of 7:00 p.m. and 6:59 a.m. 33%of reported activity occurred on the weekend.

PISMO BEACH POLICE DEPARTMENT
APRIL 2022

MONTHLY ACTIVITY AND CRIME STATISTICS
Monthly Activity Analysis
Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8 Zone 9 Zone 10 Zone 11 Zone 12 Zone 13 (OUT)
Percent 0.5%8.0%2.5%6.5%18.1%19.6%26.1%5.5%0.0%0.0%2.5%5.0%5.5% 1 16
5 13
36 39
52 11
0 0
5 10 11
Case Reports Per Zone
Sun
15%
Mon
11%
Tues
14%
Wed
13%
Thurs
13%
Fri
16%
Sat
18%

ACTIVITY BY DAY OF WEEK
Days
62%
Nights
38%

ACTIVITY BY SHIFT

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PUBLIC WORKS AND ENGINEERING DEPARTMENT
APRIL 2022 ACTIVITY REPORT

CAPITAL IMPROVEMENT PROJECTS
Shell Beach Reservoir 1 Replacement
• Contractor wrapping up interior tank coating.
• Will begin preparation for exterior coating system.
• Contractor installing internal mixing system.
• Contractor has taken down the exterior plastic wrap and scaffolding.

Safety Center
• Continuing to review cost impacts and alternate building layouts.

Pier Ave Stairs Closure
• Consultant has begun assessment of the stairs and is developing repair 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
• 60% engineering plans are being prepared.

Palisade and Chumash Park Playgrounds
• Seeking proposals for a Consultant to prepare Environmental/archeological review and a Consultant to provide topographic services.

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
• Prop 1, Round 3 concept proposal has been accepted and the City has been invited to submit a full proposal.

St Jude’s Tunnel
• Electrical has been installed prior to new lighting installation.

Bello Street Bridge
• Ribbon cutting held April 4th, bridge is now open.
• Working through final change orders.
• Plant establishment period ongoing.

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Price Canyon Road Slope Repair
• Notice of Completion scheduled for Council approval on May 17, 2022.

Ocean Blvd Improvements
• Construction to begin the end of April 2022.
• Groundbreaking to be held April 26th at 11:00 a.m.

Dinosaur Caves/Price Historic Park Restroom
• Notice of Completion scheduled for Council approval on May 17, 2022.

Storm Drain Improvement Project – Reef Court, Encanto and Windward • Leeward Parking Lot is scheduled for resurfacing April 7-8, 2022. • Working through final change orders.

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
• Three bids received; apparent low bidder is CalPortland Construction. • Contract awarded by City Council on April 19, 2022, for the base bid and all bid alternates.

Chapman Estate Improvements
• Roof – estimated completion end of April.
• 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
• Five proposals received on April 14, 2022.
• Expect to take a contract to Council on May 17, 2022.

Ventana Tennis Courts Project
• Three proposals received on April 21, 2022.
• Expect to take a contract to Council on May 17, 2022.

PUBLIC WORKS OPERATIONS
Utilities Division
• Replaced old valve at the corner of Wadsworth and Longview. • Backhoe and Aerial lift training through JPIA.
• Exposed manhole lids behind Hacienda Del Pismo Mobile home park to wrap up the two-year cycle of cleaning all of the sewer lines City wide. • Changed out two valves at Morro Ave. and Ocean Blvd.

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Public Facilities Division
• Installed plaque at Bello bridge.
• Set up for wine event at Dino Caves.
• Filled gopher holes and prep park for event.
• Backhoe and Aerial lift training through JPIA.
• Bello bridge ribbon cutting.
• Door rekeyed at City Hall.
• Restroom door lock repairs.
• Sign replacement on Bay.

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 April project development review, staff performed 24 plan checks.

Engineering staff issued 10 encroachment permits, 4 transportation permits, renewed 5 COVID support dining permits and performed 11 field inspections during the month.

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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 Guides to California, Pennsylvania, Alabama, North Carolina, Tennessee, Ohio, Indiana, Michigan, Iowa, Wisconsin, Mississippi, Minnesota, Illinois, Arkansas, Texas, Nevada, New York, New Jersey, Kentucky, Missouri, Oregon, Hawaii, Louisiana and Canada.
• Received leads from Visit California, added them to our newsletter and sent out Visitors Guides. • Answered questions about weddings, Monarch Butterfly Grove, fishing, Chapman Estate and clams. • Verified Vendor Business Licenses for Art in the Park, Taste of Pismo and Farmers Market. • Worked with TJA to create a QR code for experiencepismobeach.com to be incorporated into collateral items. • Updated ExperiencePismoBeach.com with new information. • Reconciled all Chapman Estate Foundation Docent Tour Fees for 2021. • Updated Chapman Estate page on City website.
• Created invitation for Chapman Estate Neighborhood Gathering. • Sent out Family Membership cards for Chapman Estate.
• Started to receive RSVPs for upcoming Neighborhood Gathering Event at Chapman Estate. • Added Recreation classes to Chapman calendar for June. • Finalized Chapman Neighborhood Gathering catering details with Ribline. • Paid Invoice to Santa Ynez Elite Rentals for July 4th Rentals. • Continued receiving July 4th Vendor Applications.
• Sent out and began receiving Promotional Event Funding applications for FY 2022-2023. • Created letter from CVB to the State Senator providing information on visitors draw to the area due to coastal access. • Continued working on obtaining permits or permission for fireworks display from outside agencies to fullfill the California Coastal Commission permit for fireworks.
• Received CAL FIRE letter of approval for July 4th Celebration. • Worked with Just Cruzin Productions and Chamber to schedule Downtown Business Meeting for Car Show and downtown walk with PD, Fire and PW.
• Began working on collateral items order.
• Supplied 150 Visitors Guides for upcoming County Assessor Conference in Pismo Beach. • Met with IT to integrate Vendor Application forms into LaserFiche. • Shared updated schedule of events with CVB staff and TJA Marketing. • Delivered Visitors Guides to California Welcome Center. • Processed invoice for catering for Neighborhood Gathering. • Added CVB Audio and minutes into LaserFiche for archiving. • Staff report for Tourism Marketing contract.
• Received references for TJA Marketing and Advertising. • Worked with TJA and Just Cruzin Productions on marketing efforts for Car Show. • Sent completed ABC Forms to Just Cruzin Productions.
• Sent out Call to Artists get Clam Island, Visitors Center and PCV Clams repainted. • Began selling July 4th tickets online to Pismo Beach residents. • Sent out reminder to our Master Vendor list on vendor opportunities for July 4th.

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PLATFORM TOTAL FANS/
VIEWS

NEW THIS
MO.

Facebook 201,881 -23
Twitter 6,184 8
Instagram 66,671 678
YouTube 640,684 387
E-Newsletter

ExperiencePismoBeach.com THIS MONTH YEAR TO DATE
Total Sessions 63,756 757,895
Average Daily Visi-
tors
2,125 2,493
All Lodging Referrals 4,419 39,459
Jack Rabbit
Referrals
1,686 13,881

• City Council Meeting
• Agenda Review Meeting
• TJA Tourism Study Meeting
• LBID Marketing Review Meeting
• Tourism Marketing Subcommittee Review Meeting
• Directors Meeting
• CVB/LBID Advisory Meeting
• Pismo Chamber Board Meeting
• Downtown Business Meeting for Car Show
• SCCC Car Show Meeting
• Chapman Estate Board Meeting
• Tourism Marketing Interview Presentations Meeting
• SLO Coast Wine Marketing Meeting
• Management Training Academy Meeting
• https://www.sierraclub.org/sierra/2022-1-spring/notes-here- there/are-western-monarchs-rebound • https://sorbetsocal.com/news/entertainment/central- california-charm-vespera-resort-on-pismo-beach • https://www.ksby.com/news/local-news/slo-coast-wine- classic-makes-its-in-person-return • https://gardeningrainbow.com/photowalkstv-is-researching- pismo-beach-slo/ • https://www.aarp.org/travel/vacation-ideas/road-trips/info- 2022/scenic-drives.html • https://easyreadernews.com/travel-photowalkstv-explores- pismo-beach-slo/ • https://save-thelostcity.com/seacrest-oceanfront-hotel- celebrates-60th-anniversary-at-pismo-beach-news/ • https://www.telegraph.co.uk/travel/discover-america/ california/best-beaches/ • https://www.youtube.com/watch?v=JQKSNj3a1XI • https://www.sfgate.com/streaming/article/Pismo-Beach- mentioned-in-movies-17058909.php • https://mustangnews.net/years-after-disappearing-the- pismo-clam-is-bouncing-back/ • https://www.kcbx.org/environment-and-energy/2022-04-07/ not-all-milkweed-is-good-milkweed-heres-how-you-can-help -the-western-monarchs • https://mydroll.com/monterey-pg-among-list-of-top-8-best- beach-towns-on-the-west-coast-monterey-herald/ • https://www.monicagoes.com/blog/2-day-pismo-beach- california-itinerary • https://easyreadernews.com/travel-morro-bay-and-highway- 1/ • https://roadtrippingcalifornia.com/things-to-do-in-pismo- beach/ • https://www.sunset.com/travel/stargazing-hotels-west • https://www.kcbx.org/health-science-and-technology/2022- 04-12/local-non-profit-makes-it-easier-for-wheelchair-users- to-experience-nature • https://millionmilermom.com/a-weekend-in-pismo-beach- with-kids/?
utm_source=rss&utm_medium=rss&utm_campaign=a-
weekend-in-pismo-beach-with-kids • https://www.kclu.org/local-news/2022-04-15/the-pismo- beach-clam-the-monarch-butterfly-and-the-channel-island- fox-a-comeback-story • https://www.planetware.com/california/best-beaches-near- san-luis-obispo-us-ca-610.htm • https://www.mercurynews.com/2022/04/15/remember- pismo-clams-efforts-to-survey-restore-species-underway/ • https://www.ksby.com/news/local-news/easter-weekend- brings-crowds-to-pismo-beach

Highlights:
• Received SEC Payment for Swingin By the Sea, Cal
Poly Greek Week, Camp Fire Hollyberry and SLO Cal
Open.
• Received SEC application for Cal Poly Greek Week
Beach Day event, Central Coast Beach Bash, Swingin
by the Sea, Camp Fire Hollyberry, Jazz Jubilee by the
Sea, Sigma Kappa Beach Bash and SLO Cal Open.
• SEC permit issued for Taste of Pismo, Art in the Park, Friends of Ryan Teixeira Baseball Classic, Pismo
Chamber’s Farmers Market and Dixon Barela
wedding.
• Worked with Just Cruzin Productions on pending
items for Car Show SEC permit.
• Received updated SEC permit application from City
to the Sea for updated 2023 date.
• Sent SEC permit applications to Camp Fire, Pismo
Jazz Jubilee organizers for a Chapman wedding in-
quiry.
• Received insurance for Wood Parker wedding and
sent out SEC permit.
• Worked with City Attorney on AIDS/LifeCycle
insurance questions.
• Working with Pismo Jazz Jubilee and City to the Sea
on possible date changes for future events.

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ACTIVITY GUIDE
• Preparation for our Summer Activity Guide release was a main focal point for April; New camps, instructors, and programs were added, and the activity guide graphic design was completed. The new guide should arrive in mailboxes in early May.

RECREATION PROGRAMS
• Winter/Spring adult programs for April continue; programming for both outdoor and indoor clas- ses include Art, Yoga, Tae Kwon Do, Qi Gong, Beginning watercolor, Judo and Latin/Ballroom Dance.
• Spring Break Camps were successful and busy. Options included Art and Mosaics (16 people), Moondoggie’s Surf Camp (10 people), and Volleyball Camp (15 people). • Recreation continues to update instructors on enrollment and provide courtesy reminders calls/ emails to participants outlining class details.
• Recreation continues to register participants over the phone/answer questions relating to up- coming classes/programs. Recreation also receives inquiries for summer activities in anticipation for summer.
• Instructor payments/invoices/weekly cash reconciliation completed. • Flyers for upcoming classes and camps were created and translated, with flyers uploaded onto Peachjar to promote these activities (school district promotional distribution service).

SPECIAL EVENTS
• Recreation held the Senior Dance on April 11th. With 40 in attendance, recreation decorated the hall in addition to preparing the luncheon. April’s theme was easter, with a traditional Easter lunch with ham provided. Music was again provided by the Swingin’ Bridge Band. • Easter Extravaganza was a huge success! Volunteer turnout was unprecedented, with over 2500 guests and families in attendance. The main event consisted of over 20000 eggs given away throughout the day. Activities and entertainment included carnival games, bounce houses, crafts, food vendors, a magician, and an interactive drum demonstration. Feedback was overwhelmingly positive.
• Recreation is preparing for their next special event on Mother’s Day, May 8th. Family favorite Da- mon Castillo Band will perform this year with an added performance by Mark Wilder (Juggler) during intermission. Activities will include bounce houses, crafts, food vendors, and lawn games. • The CVBA Volleyball tournament series kicks off May 14th. In preparation for this event, recrea- tion as diligently working to promote, register, and plan logistics for the event. This all-women’s tournament is the first of 4 tournaments scheduled this year. • New events were added to the special event calendar for 2022 which include: Stride with the Tide (July 30) and Swingin by the Sea (September 17), with events booked out through spring of 2023.

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FACILITIES
• Park/Hall rentals, staff continues to book park rentals. Requests for rental have been steadily in- creasing heading into the summer.
• Recreation has hired a new facility attendant due to start in early May. Recreation will begin to book hall rentals on a limited basis in the near-term.
• Recreation staff has a new staff member for facilities rentals. Gwen Hanson started on April 26 th, and her previous job experience and attention to detail is perfectly suited to her role. • Seventeen Park rental applications and five hall reservation were booked for the month of April. • Recreation Manager attended the SEC meeting. Recreation communicated with special events regarding park application, fees and rental details. Janitorial services for all upcoming events were discussed with public works, with 6 special events affecting recreation facilities for the month of April.
• Adopt-a-bench inquires continue with currently the only benches available are along Shell Beach Road Streetscape and the pier picnic tables. Two applications are pending for the month of April as well as one ready for installation. Recreation is in contact with public works to schedule instal- lation of memorial plaque on the pier.

PRBC – Public Art Projects
• St. Jude’s tunnel artwork will begin shortly. AC Vintage is ordering necessary materials to com- plete the mural. Once mural is completed, Southpaw will schedule a start date for the installation of tunnel lighting.
• The Bello Street Bridge project is waiting on the construction of the concrete slab to complete the public art project which includes seating and historical panels. Engineering is completing the vegetation in that area, once that is completed the work on the concrete slab can begin. Upon installation, South Paw will begin to manufacture and install the artwork. Current estimates for completion are 12 weeks after installation of the concrete slab. • A certified playground inspection was done to Chumash park. Recreation received the results of the report and is currently working with Recreation West Outdoor Products (RecWest) and Cen- tral Coast Playgrounds to discuss viable options and receive cost estimates to replace surfacing and repairs on equipment.

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.D

SUBJECT/TITLE:

UPDATE ON MARCH 16, 2020 AND JANUARY 12, 2017 EMERGENCY

PROCLAMATIONS

RECOMMENDATION:

No action required; information only.

BACKGROUND:

Chapter 2.32 of the Pismo Beach Municipal Code empowers the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by an emergency and the City Council is not in session. An emergency exists when conditions are beyond the control of the services, personnel, equipment, facilities, and existing laws of this City. The declaration is an acknowledgement of the need for additional resources and expedited procedures to deal with the emergency. The Director of Emergency Service’s declaration is subject to City Council ratification within seven days.

As required by the Emergency Declarations ratified by Resolution R-2020-026 on March 17, 2020, relating to the COVID-19 health threat, and by Resolution R-2017-012 on January 17, 2017, relating to winter storm damage, the following status report is provided for information purposes.

March 17, 2020 Proclamation: COVID-19
A severe acute respiratory illness caused by a novel (new) coronavirus, known as COVID- 19, has spread globally and rapidly, resulting in illness and death around the world. The World Health Organization has described COVID-19 as a global pandemic. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the increased spread of COVID-19. Additionally, on March 13, 2020, the County of San Luis Obispo declared a countywide emergency. And on March 13, 2020, the President of the United States declared a federal emergency as a result of COVID-19.

The City Manager, acting as the Director of Emergency Services, proclaimed the existence of a local emergency on March 16, 2020, which declaration was ratified by Council Resolution R-2020-0261 on March 17, 2020. The Council further proclaimed that a local emergency existed as of the date of the Governor’s March 4, 2020 declaration of emergency, and that the local emergency continued to exist. The City also partially activated its Emergency Operations Center on March 16, 2020 and the EOC team has met periodically to address the changing conditions presented by the various emergency declarations and other state and county health guidance.

1 Full URL:
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Actions taken to date with respect to COVID-19 response have included the continued procurement of sanitation supplies, the temporary closure of City Hall and other City facilities to the public, additional software licensing to increase public access to the City’s online records, and the development of virtual meeting models to allow the City Council, staff, the business community, and residents to participate remotely in critical meetings.

The City ordered Pismo Beach-branded bandanas to be used as face coverings, and provided them to lodging properties and other businesses for distribution to customers.

As a result of seasonal crowds, staff ordered and posted signage promoting keeping physical distance. The City has allowed the use of the right-of-way for queuing of customers, and developed a pilot Temporary Outdoor Dining Area Certification (TODAC) program allowing businesses to place tables for their customers in approved outdoor areas such as parking lots. The City Council has also authorized the use of certain street rights-of-way for temporary outdoor dining as part of the City’s COVID-19 Support Dining Encroachment Permit program.

During the initial closure of City facilities, the City adopted work-from-home policies and procedures to allow “essential” staff to continue their work and offer many public services virtually. At a special meeting of the City Council held on December 11, 2020, the Council authorized the Mayor to support a regional initiative for the counties of San Luis Obispo, Santa Barbara, and Ventura to be considered separately from the “Southern California” region for purposes of state COVID-19 metrics that dictate which counties are able to “re- open,” as the rates of infection and ICU occupation remain much lower in the tri-county area than the remainder of the counties currently considered to be part of the “Southern California” region. A joint Mayors’ letter asking for the state’s consideration of this request was transmitted the week of December 14, 2020. At this same meeting, the Council affirmed its support for this City’s continued enforcement of what were then known as state “purple tier” health and safety restrictions.

On May 19, 2020, the Council adopted Urgency Ordinance O-2020-004 which implemented a requirement that employees of any business open to the public wear face coverings when unable to maintain adequate physical distance from customers, as well as a requirement that each such business post signage encouraging patrons to wear masks, and providing information about CDC recommendations relating to hand washing and other topics. This Ordinance became effective on May 20, 2020. Staff delivered direct messaging to the business community using contact information provided in business licensing records. On June 15, 2021, following the relaxing of state health directives relating to the virus, the City Council adopted Urgency Ordinance O-2021-002 which repealed the City’s local face covering mandates.

The City continues to provide messaging to the community encouraging the public to pursue vaccination, and has ensured that City Council Members and staff members are enrolled in vaccination opportunities as appropriate. On April 27, 2021, it was announced that San Luis Obispo County would be moved to what was then known as the state’s “orange” tier of state-mandated health and safety restrictions, effective April 28, 2021, enabling the transition to certain activities, such as limited indoor gatherings of individuals, with certain restrictions. As such, staff implemented a hybrid model for City Council and

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Planning Commission meetings, where a majority of legislative body members and some staff are present in person, and some legislative body members, some staff, and all members of the public are present virtually.

In late May, the State of California announced the planned repeal of most temporary health and safety restrictions relating to COVID-19 on June 15, 2021. In anticipation of a grace period allowing local jurisdictions to return to pre-pandemic practices shortly after the emergency orders are lifted, staff prepared logistically for the full return of the public in-person access to City Hall, other City facilities, and City Council Meetings. At the time of the update presented on August 17, 2021, nearly all City staff had returned to the office full-time, and CalOSHA guidance relating to the use of face coverings in the workplace had been implemented.

As of the last report, staff noted the City was monitoring concerns relating to the delta variant of the coronavirus, and that the full return to in-person legislative meetings had yet to be implemented. In accordance with face covering guidance issued by the County Health Officer effective September 1, 2021, the City had issued a directive requiring employees to return to the use of face masks indoors and in vehicles when in proximity to other employees, as well as requiring visitors to wear masks inside City facilities.

The California Governor ended the state’s indoor mask mandate for vaccinated people on February 15, 2022, and vaccinated employees and officials were then no longer required to wear face coverings inside City work facilities. A hybrid in-person/virtual legislative meeting model has been implemented for meetings of the City Council and advisory bodies, with legislative body members, staff, and the public participating both in the Council Chamber and virtually. In accordance with the most recent CDPH guidance, unvaccinated individuals are no longer required to wear face coverings when inside City facilities. Staff will continue to monitor state and county regulatory changes and formulate appropriate adaptations to City operations.

January 17, 2017 Proclamation: Winter Storms

Summary of Current Events
The storm drain failure at Cliff Avenue and Ocean Boulevard required a Phase II Environmental Study per Caltrans Local Assistance (LA) and the City’s environmental subconsultant. The Phase II Environmental Study fieldwork is complete and the results are being reviewed by Caltrans LA for approval and National Environmental Policy Act (NEPA) clearance. Staff submitted a time extension request to Caltrans LA in mid-August 2021, and just received notification from Caltrans LA in April 2022 that a time extension has been granted giving the City until September 30, 2022 to provide request for construction authorization for the project to FHWA.

Contracts were awarded by Council on December 21, 2021 to Granite Construction, Inc. (Granite) and Cannon Associates (Cannon) for construction and construction management services for the Ocean Boulevard Improvement Project, respectively. A pre- construction meeting for the project was held the week of February 7, 2022, and submittal

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review and approval for most materials, equipment, traffic control and staging took place through March and April 2022. A groundbreaking ceremony took place the week of April 25, 2022 and construction has commenced.

Construction for the Price Canyon Road Slope Repair project is complete along with the 3-month plant establishment period and a Notice of Completion is before Council on tonight’s agenda.

Staff solicited and received three proposals for Professional Services for bid-ready plans and specifications for repair of the storm drain over the bluff behind the Dolphin Bay Resort. A contract has been executed with Eikhof Design Group, Inc., which is currently working on a 60% design submittal for staff review.

Summary of Past Events
The Pismo Beach City Council declared a state of emergency on January 12, 2017, via Resolution R-2017-0122, in response to the January 2017 winter storms. Shortly after the Council’s declaration, the County of San Luis Obispo declared an emergency which was followed by a declaration by Governor Jerry Brown for the region. On February 14, 2020 and March 16, 2020 President Donald Trump declared a major disaster for the early and late January storms, making federal disaster aid available. The storms, which began the first week of January, took a toll on the community, culminating with a Caltrans storm drain failure on Highway 101, which caused flooding of two hotels on Price Street, blockage of the City’s Franklin storm drain outfall and debris scattered along Highway 101, Price Street and sidewalk, on Franklin Drive and various private parcels on January 20, 2017. Damage from the storms includes but is not limited to the following:

 Bluff failure on Ocean Boulevard (Caltrans purview)
 Bluff failure at Memory Park (FEMA purview)
 Franklin Avenue storm drain failure (FEMA purview)
 City Hall storm damage (FEMA purview)
 Bluff failure at Ebb Tide Park (FEMA purview)
 Bluff failure at Cypress Street at Harloe Avenue (FEMA purview)  Storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort (FEMA purview)
 Storm drain failure on Cliff Avenue at Ocean Boulevard (adjacent to Dinosaur Caves Park) (Caltrans Purview)
 Storm drain failure at the end of Harbor View Avenue (FEMA purview)  Slope/road failure on Price Canyon Road (Caltrans purview)

Staff took immediate cleanup and protective measures of the sites where possible and has been working with FEMA through the California Governor's Office of Emergency Services (CalOES) and FHWA through Caltrans for reimbursement for work and funds required to cleanup and secure the various sites. Staff attended a Recovery Scoping

2 Full URL:
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Meeting with FEMA on May 16, 2017 and a Damage Assessment Site Inspection Meeting with Caltrans on May 18, 2017. The application and approval process for cost recovery and permanent restoration at each site under FEMA purview is complete and checks have been issued based on FEMA scoping and estimated construction costs with a reimbursement of 93.75% FEMA/State and a 6.25% City match. Completed work for sites under FEMA purview includes removal of the fallen tree on the beach below Ebb Tide Park. It was anticipated that the actual cost of repairs at each site will exceed the amount approved and checks issued by FEMA. The City also filed insurance claims for each of these sites to potentially assist in completion of the repairs. After FEMA review, the following sites are deemed ineligible for federal aid as observed erosion and bluff failure was defined by FEMA representatives as naturally occurring over time:

 Bluff failure at Memory Park
 Bluff failure at Cypress Street at Harloe Avenue

Permanent restoration at these two sites will have to rely solely on insurance claim funding and/or grants that City staff is consistently in search of and pursuing.

The City has received all reimbursement checks from the State and Federal Emergency Management Agency (FEMA) for damages at various sites under FEMA purview during the 2017 storms totaling $101,833. The next step is for City staff to further evaluate each site, issue requests for proposals (RFPs) for engineering design and environmental services and/or pursue cost estimates from contractors for permanent restoration of these sites which include:

 Franklin Avenue storm drain failure (FEMA purview)
 City Hall storm damage (FEMA purview)
 Bluff failure at Ebb Tide Park (FEMA purview)
 Storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort (FEMA purview)
 Storm drain failure at the end of Harbor View Avenue (FEMA purview)

Construction of repairs and drainage improvements to address leaking issues at the Fire Administration and Conference and Visitors portion of City Hall is complete.

The City received authorization from the Federal Highway Administration (FHWA) through the California Department of Transportation (Caltrans) for engineering design and environmental studies for the following three sites:

 Bluff failure on Ocean Boulevard
 Storm drain failure on Cliff Avenue at Ocean Boulevard (adjacent to Dinosaur Caves Park)
 Slope/road failure on Price Canyon Road

Costs for these services are reimbursed at 88.53% by FHWA/Caltrans with an 11.47% City match. The environmental/design phase for both the Ocean Boulevard Improvement

9.D-5Council Agenda 5-17-2022
Packet Page 63

Project and the Price Canyon Road Slope Repair Project began by TerraCosta Consulting Group and Yeh and Associates, Inc., respectively in early 2019. Environmental, cultural resource and temporary access impacted the design schedule and City staff pursued one- year time extensions from Caltrans for each project which we were subsequently granted.

As discussed in the summary of current events, the consultant for the Ocean Boulevard Improvement Project provided 100% design plans for review which have been reviewed by staff from all applicable departments and final bid-set plans are being developed.

The City has included the permanent repair of all sites (both Caltrans and FEMA purview) damaged during the January 2017 storms in an insurance claim and has provided all required documentation to the insurance company. City staff was presented with a Partial Proof of Loss and Subrogation Agreement for the Morro stairs and storm drain outfall sites during a meeting with our insurance representative on February 15, 2019, and the City has received an initial payment in the amount of $504,324. This amount is based on the estimated cost of repair for the Morro Stairs and outfall. The City is currently waiting on a response from the City’s insurance representative on an initial payment amount that could be expected for all other sites. The City’s insurance representative has also indicated that the cost of engineering and environmental services for each site can be added to the total amount of the claim.

Staff is also pursuing a grant from the California Governor’s Office of Emergency Services (CalOES), through the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program for stabilization of a portion of the bluff near the City’s lift station at the end of Harloe Street.. The City submitted a full subapplication to CalOES on April 8, 2022.

FISCAL IMPACT:

There is no direct fiscal impact from this report.

COVID-19
Costs related to the COVID-19 emergency are continuing on an ongoing basis, and as such, a precise total is difficult to assess at the current time. Staff will continually update Council as appropriate on anticipated future costs and reduced revenues as a result of the emergency.

January 2017 Winter Storms
The cost of damage from the January 2017 storms is estimated to be between $3,000,000 and $6,000,000. Once the damage can be fully assessed, staff will be able to formulate a better cost estimate.

ALTERNATIVES:

None, for information only.

ATTACHMENTS:

None.

9.D-6Council Agenda 5-17-2022
Packet Page 64

Prepared by: Meeting Date: May 17, 2022
Chad Stoehr, P.E., Engineer
Erica Inderlied, City Clerk
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:

9.D-7Council Agenda 5-17-2022
Packet Page 65

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E

SUBJECT/TITLE:

AMENDMENT #1 TO THE AGREEMENT WITH MNS ENGINEERS, INC. FOR

CONSTRUCTION MANAGEMENT SERVICES FOR THE BELLO BRIDGE PROJECT

RECOMMENDATION:

BACKGROUND:

On April 21, 2020, the City Council awarded a Professional Services Agreement to MNS Engineers, Inc. (MNS) for Construction Management, Resident Engineer, Inspection, Materials Testing, and Environmental Monitoring Services for the Bello Street Bridge Project. Work began on the project in early June 2020, and was paused on October 31, 2020 per permit requirements with the California State Water Resources Control Board.

Work resumed on the project on June 15, 2021 and is now substantially complete, with the exception of the post-construction environmental mitigation, re-vegetation, monitoring and maintenance at the project site, which is currently underway by a separate contractor and will continue for 5 years.

Construction of the project encountered some delays due to permit constraints and materials supply issues and MNS has now exceed the original contract budget. MNS has provided a cost proposal to allow for completion of the inspections of the final portions of work and the close out the contract.

Construction of the Bello Street Bridge project is fully funded by a Federal Highway Bridge Program (HBP) grant. At this time, staff is preparing a project close-out request, which will include a request for funding for all costs that were incurred during construction and are not currently authorized, including the proposed Amendment #1. While the timing of the Caltrans approval of this request is unknown, and based solely on Caltrans receiving, reviewing, and processing the request, staff expects to receive authorization for those additional funds in Fiscal Year (FY) 2023.

Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute Amendment #1 (Attachment 1.A) to the existing MNS contract to bring the construction management contract to completion, and appropriate revenues and expenditures in FY 2022.

9.E-1Council Agenda 5-17-2022
Packet Page 66

FISCAL IMPACT:

The fiscal impact of adopting the subject Resolution includes $190,069 in grant revenues and $124,189 in expenditures. Included in these expenditures is the $55,210.86 for the agreement with MNS. The project is 100% federal funded through a HBP grant.

Staff recommends that Council appropriate additional expenditures of $124,189 for the Bello Street Bridge project in FY 2022. The additional expenditure budget includes the following:

Construction project closeout $10,022
Construction management for project closeout (includes additional $55,210.86 agreement with MNS
87,691
Right-of-way utility costs for PG&E 26,476
Total Additional Expenditure Budget $124,189
Staff also recommends that Council appropriate additional grant revenues of $190,069 for the Bello Street Bridge project in FY 2022. These revenues would reimburse the above $124,189 of expenditures plus $65,880 of other expenditures that have either already been spent for the construction of the project, but were not yet included in the revenue budget.

Staff is working with Caltrans Local Assistance (LA) to request additional funding to ensure that all expenditures for this project are supported by the grant based on the actual cost of construction now that the project is substantially complete. The timing of additional funds is likely to be FY 2023. In order to receive funds from Caltrans LA, the City must first incur the costs and pay the contractor. Once invoices are paid, the City can submit progress invoices to Caltrans for reimbursement. The previously authorized funds are currently available for the project and staff has been submitting quarterly progress invoices.

ALTERNATIVES:

1. Decline approval of Amendment #1 and provide staff with direction on how to proceed.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Proposed MNS Contract Amendment #1 Prepared by: Meeting Date: May 17, 2022
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

9.E-2Council Agenda 5-17-2022
Packet Page 67

RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #1

TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH MNS, ENGINEERS, INC. FOR CONSTRUCTION MANAGEMENT, RESIDENT ENGINEER,

INSPECTION, MATERIALS TESTING AND ENVIRONMENTAL MONITORING

SERVICES FOR THE BELLO STREET BRIDGE PROJECT IN THE AMOUNT OF $55,210.86; AND APPROPRIATING REVENUES AND EXPENDITURES IN FY 2022 WHEREAS, on April 21, 2020, the City Council awarded a Professional Services Agreement to MNS Engineers, Inc. (MNS) for Construction Management, Resident Engineer, Inspection, Materials Testing, and Environmental Monitoring Services for the Bello Street Bridge Project; and
WHEREAS, the project is now substantially complete, with the exception of the post- construction environmental mitigation, re-vegetation, monitoring and maintenance at the project site, which is currently underway by a separate contractor and will continue for 5 years; and
WHEREAS, some delays due to permit constraints and materials supply issues occurred over the course of the project and MNS has now exceed the original contract budget; and WHEREAS, MNS has provided a cost proposal to allow for completion of the inspections of the final portions of work and the close out the contract; and WHEREAS, the construction of the Bello Street Bridge project is fully funded by a Federal Highway Bridge Program (HBP) grant; and
WHEREAS, staff is preparing a project close-out request, which will include a request for funding for all costs that were incurred during construction and are not currently authorized, including the proposed Amendment #1; and
WHEREAS, staff expects to receive those additional funds in Fiscal Year (FY) 2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #1 (Exhibit A) to the existing MNS contract in the amount of $55,210.86 to bring the construction management contract to completion.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $190,069 of additional grant revenues and $124,188 of additional project expenditures in FY 2022 for the Bello Street Bridge project.

9.E-3Council Agenda 5-17-2022
Attachment 1
Packet Page 68

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 17th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

9.E-4Council Agenda 5-17-2022
Attachment 1
Packet Page 69

AMENDMENT # 1
to the
MAY 13, 2020 AGREEMENT BETWEEN THE CITY OF PISMO BEACH
AND MNS ENGINEERS, INC.

Pursuant to the May 13, 2020 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and MNS Engineers, 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 April 27, 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 five thousand two hundred ten dollars and eighty-six cents ($55,210.86 ), without prior written approval of the City.

3. The revised fee under the May 13, 2020 contract, plus this addendum, is eight hundred fifty thousand four hundred forty-eight dollars and eighty-six ($850,448.86).

4. All other provisions of the Construction Management, Resident Engineer, Inspection, Materials Testing and Environmental Monitoring for the Bello Street Bridge Project 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, P.E.

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:

MNS Engineers, 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 P roposal

9.E-5Council Agenda 5-17-2022
Attachment 1.A
Packet Page 70

811 El Capitan Way, Suite 130
San Luis Obispo, CA 93401
Ph 805.787.0326 F 805.787.0437
City of Pismo Beach
Attention: Chad Stoehr, PE
760 Mattie Road
Pismo Beach, CA 94339
SUBJECT: Amendment to Contract for Construction Management for the Bello Street Bridge Replacement Dear Mr. Stoehr:

Thank you for considering an amendment to MNS’ contract to provide Construction Management Services for the Bello Street Bridge.

The Bridge Construction has been extended due to permit constraints and contractor delays, this has caused MNS to exceed our budget. To complete the project MNS is asking for an amendment to our Contract in the amount of $55,210.86. This amount would allow us to finish inspecting the final portions of work and close out the contract.

Again, we appreciate the opportunity to propose on this project. Please contact me at 805.279.6864 or at [email protected] should you have any questions or would like to further discuss our qualifications.

Sincerely,
MNS Engineers, Inc.

Aaron Hilton, PE, QSD/QSP
Senior Regional Construction Manager
April 27, 2022

9.E-6Council Agenda 5-17-2022
Attachment 1.A
Packet Page 71

ROLE Feb Mar Apr May Jun Jul
TASK 3.0: POST‐CONSTRUCTION
Project/Construction Manager 8 6 2 16 $217.00 $3,472.00 Resident Engineer/Structure Representative 60 16 76 $178.00 $13,528.00 Construction Inspector 40 20 60 $170.00 $10,200.00
Office Engineer 20 20 16 56 $92.00 $5,152.00
0 0 128 62 18 0 208 $32,352.00
March invoices (unpaid)
Additional CM through closeout
Notes:

1.Hours based on an extended construction hours through until May

2.Inspection hourly rate may adjust should there be any increase in DIR prevailing wage rates.

3.Hours and costs are an estimate only. Actual hours and costs will be based on contrator's schedule.

TOTAL COST

SUBTOTAL
Aaron Hilton, PE, QSD/QSP
TBD
Laurie Jones
Andrew Borrelli, PE, CPII, QSP/QSD

SUBTOTAL
Amendment
$55,210.86
$55,210.86
$32,352.00
2022
City of Pismo Beach
TOTAL COST TOTAL
HOURS
Construction Management, Materials Testing, and Environmental for Bello Street Bridge Replacement Fed No. BRLO-5289(012) Br.No. 49C-0109 Amendment STAFF
HOURLY
RATE 2021
SUB‐TOTAL
Current Invoice Through 3/31/22
$22,858.86
Bello Street bridge replacement Amendment through Close out

9.E-7Council Agenda 5-17-2022
Attachment 1.A
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.F
SUBJECT/TITLE:

NOTICE OF COMPLETION FOR THE PRICE CANYON ROAD SLOPE REPAIR

PROJECT
RECOMMENDATION:

Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the Price Canyon Road Slope Repair Project.

BACKGROUND:

On August 17, 2021, the City Council awarded a contract to S. Chaves Construction for the Price Canyon Road Slope Repair Project. The project repaired a damaged portion of Price Canyon Road that experienced cracking and settlement of the asphalt in the travel way and shoulder areas and undercutting of adjacent curbs during storm events in January 2017. City staff successfully obtained Federal Emergency Relief (ER) funding through the Federal Highway Administration (FHWA) and Caltrans Local Assistance (Caltrans LA) for completion of the repair of the damaged portion of Price Canyon Road.

Conclusion and Recommendation
S. Chaves Construction has completed the contracted services and the Price Canyon Road Slope Repair project has been completed in accordance with the plans, specifications, and contract documents. Staff recommends that the City Council accept the project as complete and authorize the Notice of Completion (Attachment 1) to be recorded at the County Clerk’s office.

FISCAL IMPACT:

There is no direct fiscal impact associated with this action.

ALTERNATIVES:

1.Since S. Chaves Construction has completed its contractual obligations, the only option recommended is for City Council to approve the Notice of Completion.

ATTACHMENTS:

1.Notice of Completion
Prepared by: Meeting Date: May 17, 2022
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

9.F-1Council Agenda 5-17-2022
Packet Page 73

RECORDING REQUESTED BY:

WHEN RECORDED, RETURN TO:

CITY CLERK

CITY OF PISMO BEACH
760 MATTIE ROAD
PISMO BEACH, CA 93449

NO TRANSFERORS

This document is recorded for the benefit of the City of Pismo Beach, a Municipal Corporation, and is exempt from fee per Government Code Section 27383.

NOTICE OF COMPLETION AND ACCEPTANCE

FOR THE PRICE CANYON ROAD SLOPE REPAIR PROJECT

NOTICE IS HEREBY GIVEN by the City of Pismo Beach in the County of San Luis Obispo, State of California, as follows:

1. That on the 17th of May 2022, the project hereunder described was considered completed and accepted by the City Council of the City of Pismo Beach.

2. That the description of said project is the Price Canyon Road Slope Repair Project for the City of Pismo Beach.

3. That the name of the political subdivision controlling said project is the City of Pismo Beach, in the County of San Luis Obispo, State of California, whose address is 760 Mattie Road, Pismo Beach, CA 93449.

4. That the name of the contractor on said project is S. Chaves Construction, 11545 Los Osos Valley Road, Suite C-3, San Luis Obispo, CA 93405.

5. The name of the Surety of the project is Everest Reinsurance Company, 1340 Treat Blvd., Suite 450, Walnut Creek, CA 94597.

Date:

James R. Lewis, City Manager

Attest:

Erica Inderlied, City Clerk

9.F-2Council Agenda 5-17-2022
Attachment 1
Packet Page 74

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.G
SUBJECT/TITLE:

NOTICE OF COMPLETION FOR THE DINOSAUR CAVES AND PRICE HISTORICAL

PARK RESTROOM PROJECT
RECOMMENDATION:

Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the Dinosaur Caves and Price Historical Park Restroom Project.

BACKGROUND:

On August 17, 2021, the City Council awarded a contract to J.J. Fisher Construction, Inc. for the Dinosaur Caves and Price Historical Park Restroom Project. The project included the installation of a new larger restroom building at Dinosaur Caves Park and the relocation of the existing restroom to Price Historical Park.

Conclusion and Recommendation
J.J. Fisher Construction, Inc. has completed the contracted services and the Dinosaur Caves and Price Historical Park Restroom project has been completed in accordance with the plans, specifications, and contract documents. Staff recommends that the City Council accept the project as complete and authorize the Notice of Completion (Attachment 1) to be recorded at the County Clerk’s office.

FISCAL IMPACT:

There is no direct fiscal impact associated with this action.

ALTERNATIVES:

1.Since J.J. Fisher Construction, Inc. has completed their contractual obligations, the only option recommended is for City Council to approve the Notice of Completion.

ATTACHMENTS:

1.Notice of Completion.

Prepared by: Meeting Date: May 17, 2022
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

9.G-1Council Agenda 5-17-2022
Packet Page 75

RECORDING REQUESTED BY:

WHEN RECORDED, RETURN TO:

CITY CLERK

CITY OF PISMO BEACH
760 MATTIE ROAD
PISMO BEACH, CA 93449

NO TRANSFERORS

This document is recorded for the benefit of the City of Pismo Beach, a Municipal Corporation, and is exempt from fee per Government Code Section 27383.

NOTICE OF COMPLETION AND ACCEPTANCE

FOR THE DINOSAUR CAVES AND PRICE HISTORICAL PARK RESTROOM

PROJECT
NOTICE IS HEREBY GIVEN by the City of Pismo Beach in the County of San Luis Obispo, State of California, as follows:

1. That on the 17th of May 2022, the project hereunder described was considered completed and accepted by the City Council of the City of Pismo Beach.

2. That the description of said project is the Dinosaur Caves and Price Historical Park Restroom Project for the City of Pismo Beach.

4. That the name of the contractor on said project is J.J. Fisher Construction, Inc., P.O. Box 2219, Nipomo, CA 93444.

5. The name of the Surety of the project is The Ohio Casualty Insurance Company, P.O. Box 34526, Seattle, WA 98124.

Date:

James R. Lewis, City Manager

Attest:

Erica Inderlied, City Clerk

9.G-2Council Agenda 5-17-2022
Attachment 1
Packet Page 76

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.H

SUBJECT/TITLE:

AWARD CONTRACT TO ALLSTAR FIRE EQUIPMENT INC. FOR REPLACEMENT OF

SIXTEEN SELF-CONTAINED BREATHING APPARATUS WITH EXTRA CYLINDERS

AND A THERMAL IMAGING CAMERA

RECOMMENDATION:

Adopt a Resolution awarding a contract for the purchase of sixteen Self-Contained Breathing Apparatus (SCBA) with extra cylinders and a Thermal Imaging Camera (TIC) in the amount of $125,794.11 and appropriating related budget adjustments.

BACKGROUND:

The Cal Fire/Pismo Beach Fire Department staff use Self-Contained Breathing Apparatus (SCBAs) for any work performed in an Immediately Dangerous to Life and Health Atmosphere (IDLH). Response types that could have an IDLH environment include structure fire, vehicle fire, confined space rescue, etc. Cal Fire also uses Thermal Imaging Cameras (TICs) with SCBAs for all fire types, victim recovery, and hazardous materials incidents. The TIC is an integral component to the SCBA platform.

Self-Contained Breathing Apparatus
The City’s 2013 SCBAs need to be replaced as the current packs are no longer supported and parts are not available and as they break, thus staff must put the packs out of service.

Fire personnel are required to “fit test” annually to ensure OSHA mandated requirements are fulfilled. Cal Fire/SLO County Fire Department uses Scott brand SCBAs, and replacing the City’s packs with what the County and state are using will reduce the need for extra fit testing. Purchasing the Scott SCBAs allows the City the opportunity to buy parts in bulk with the County. The City’s current SCBAs will not meet annual flow testing requirements. The costs to do annual flow and fit testing will be reduced by using surrounding departments’ equipment. The new SCBAs will also be compatible with neighboring fire departments.

Cal Fire has a competitive bid through the state contracted rate (Contract #1-17-42-04) established for SCBAs from Allstar Fire Equipment Inc., which is extending that price to the City of Pismo Beach as part of the Cal Fire contract. The SCBAs need to be purchased this fiscal year as the contracted term is only good until June 30, 2022. Allstar has indicated that the new contract with Cal Fire will see a 20% increase in cost.

Thermal Imaging Cameras
Recently, TICs have been purchased as a part of an SCBA mask. Research has provided reliability of an integrated TIC is not optimal, rendering the camera inoperable at times.

Additionally, the mask-mounted TIC limits the overall use of the camera and will not function when an SCBA is not required.

9.H-1Council Agenda 5-17-2022
Packet Page 77

Currently the hand-held TIC on Engine 64 has proven itself to be reliable and functions well in diverse call types. Engine 63 does not have a TIC and the industry standard is that all front-line resources will have a TIC for reducing rescue time and overall firefighter safety. Fire personnel will be provided training on both SCBAs and TICs at the same time, reducing the need for a separate class. Purchasing the TIC in this FY along with the SCBAs will reduce in-service training and overtime costs.

Conclusion and Recommendation
Staff recommends that the City Council adopt a resolution (Attachment 1) awarding a contract for the purchase of the replacement of sixteen SCBAs with extra cylinders and a Thermal Imaging Camera to Allstar Fire Equipment Inc. and appropriating related budget adjustments.

FISCAL IMPACT:

The Motor Vehicle Replacement Fund includes funding for the SCBAs that were originally proposed to be replaced in Fiscal Year (FY) 2024. Currently the balance of the MVR Fund SCBA replacement is $143,849 for FY 2022. Cal Fire received a quote from the competitively bid state contract in the amount of $119,224.59 for the 16 SCBAs and $6,569.52 for the TIC. Due to the immediate need to purchase and replace the City’s 16 SCBAs and the importance of purchasing the TIC, staff recommends appropriating $119,225 for the 16 SCBAs and extra cylinders and $6,570 for the TIC for a total amount of $125,795 in the MVR Fund Motor Vehicles Replacement Activity in the Capital Outlay Machine and Equipment account in FY 2022.

ALTERNATIVES:

1. Decline to adopt the resolution; defer purchasing SCBAs with extra cylinders and a Thermal Imaging Camera.

2. Provide direction to staff.

ATTACHMENTS:

1. Resolution Awarding the Purchase of 16 SCBA’s with extra cylinders and a Thermal Imaging Camera to Allstar Fire Equipment Inc.

1.A. Exhibit A to Resolution: Sales Quotes from Allstar Fire Equipment Inc.

Prepared by: Meeting Date: May 17, 2022
Michelle Pearson, Administrative Assistant
Submitted by: Paul Lee, Battalion Chief
City Manager Approval:

9.H-2Council Agenda 5-17-2022
Packet Page 78

RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA AWARDING A CONTRACT FOR THE PURCHASE OF SIXTEEEN

SELF-CONTAINED BREATHING APPARATUS (SCBA) WITH EXTRA CYLINDERS AND A THERMAL IMAGING CAMERA TO ALLSTAR FIRE EQUIPMENT INC. IN THE AMOUNT OF $125,794.11 AND APPROPRIATING RELATED BUDGET

ADJUSTMENTS
WHEREAS, the City’s current SCBAs are no longer supported and parts cannot be purchased when units break down, which places the units out of service; and WHEREAS, the City’s current SCBAs will not meet annual flow testing requirements; the costs to perform annual flow testing will be reduced by using surrounding departments’ equipment or the City will have the option of outside contracts; and WHEREAS, the new SCBAs will also be compatible with neighboring departments and will provide efficiencies in the field; and
WHEREAS, Thermal Imaging Cameras (TIC) are an integral component to the SCBA platform; currently Engine 63 does not have a TIC and the industry standard is that all front-line resources will have a TIC for reducing rescue time and overall firefighter safety; and
WHEREAS, the City is able to use the competitively bid state contracted pricing established for Cal Fire, saving staff time and assuring the best price.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby awards a contract for the purchase of sixteen Self-Contained Breathing Apparatus with extra cylinders and a Thermal Imaging Camera from Allstar Fire Equipment Inc. in the amount of $125, 794.11 (quotes provided as Exhibit A).

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $125,795 in the FY 2022 Motor Vehicle Replacement Fund Motor Vehicles Replacement Activity in the Capital Outlay Machine and Equipment account using accumulated fund balance to support the purchase of the 16 SCBAs and the Thermal Imaging Camera.

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 17th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

9.H-3Council Agenda 5-17-2022
Attachment 1
Packet Page 79

PAGE 2 OF 2
R-2022-___
ABSTAIN:

RECUSED:

Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

9.H-4Council Agenda 5-17-2022
Attachment 1
Packet Page 80

Date:

To:

Attn:

Phone:

E-Mail:

Qty Unit Description Price Extension
1 Ea.FLIR Item # 72201-0206 K55 320X240 Thermal Camera Kit $4,879.00 $4,879.00 2 Ea.FLIR Item # T198322ACC Turck Charger $609.00 $1,218.00 Terms:Net 30
FOB:Destination (Free Shipping)
VALID Price is valid for 30 days
Subtotal $6,097.00

7.750%$472.52
Quoted by - Mark Preisendorf S & H $0.00
[email protected] Total $6,569.52
City of Pismo Beach Fire Dept. - Cal Fire Schedule A
Sales Quote
May 4, 2022
2552 Barrington Ct. * Hayward, California 94545 * Phone 510-887-6295 * Fax 510-887-6298 Robert Gorman
805-748-6717
Per your request, we are pleased to quote on the following. [email protected] PBFD0429
Quote Ref #

Page 1 of 1 ends

9.H-5Council Agenda 5-17-2022
Attachment 1.A
Packet Page 81

Date:

To:

Attn:

Phone:

E-Mail:

Qty Unit Description Price Extension
Complete SCBA System. Per Cal Fire Contract
16 Pkg System includes:
(1) Scott X3 PRO Air-pak. 4500psi with CGA Connection QD Regulator with Rectus Connector, Dual UEBSS (Buddy Breathing) , PASS w/Pak-tracker, E-Z Escape Belt Pro,
Schedule A Option – (Jettison or Fixed Escape Belt).
(1) 45 minute, Carbon Wrapped Cylinder with Valve, 4500psi Banded Identifier included @ No Charge.

Please Note (90 Day Delay)
(1) AV3000 HT Facepiece with Epic Voice Amp Bracket.
(1) Epic Voice Amp
$5,379.61 $86,073.76
24 Ea.Additional Carbon Wrapped Cylinder with CGA Valve, 45 minute, 4500 psi
$881.59 $21,158.16
1 Ea.Scott 200954-02 RIT III. Includes, EZ-Flo Regulator with 5 ft. RIC hose & RIT Facepiece.6 ft. EBSS hose with Legacy (Hansen) Connectors.

Monitoring Console and Carry bag. 4,500 psi, (Cylinder Not included) Will accept up to 60 minute 4500psig You can use your standard issue CGA, 45 minute Cylinder.
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2 Ea.Scott 31004311 Adapter to add RECTUS connection to RIT $10.28 $20.56 1 Ea Scott 31003989 Checked Male RECTUS Connector $196.50 $196.50 1 Ea Scott 31003990 Checked Female RECTUS Connector $196.50 $196.50 1 Ea Scott 10009324 Soft Case $136.94 $136.94
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7.750%$8,575.32
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[email protected] Total $119,224.59
City of Pismo Beach Fire Dept. - Cal Fire Schedule A
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April 14, 2022
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2021 Contract Prices
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Page 1 of 1 ends

9.H-6Council Agenda 5-17-2022
Attachment 1.A
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.I

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.

Council Agenda 5-17-2022 9.I-1
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(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.

Council Agenda 5-17-2022 9.I-2
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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.

Submitted by: Meeting Date: May 17, 2022
Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 5-17-2022 9.I-3
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A

SUBJECT/TITLE:

MEMORANDUM OF UNDERSTANDING BETWEEN THE PISMO BEACH POLICE

OFFICERS ASSOCIATION (POA) AND THE CITY OF PISMO BEACH
RECOMMENDATION:

Adopt a Resolution approving a New Three-Year Successor Memorandum of Understanding with the Police Officers Association ("POA") for Fiscal Years 2023, 2024, and 2025, and appropriating funds as required to cover costs.

BACKGROUND:

The City of Pismo Beach’s current Memorandum of Understanding (MOU) with the Pismo Beach Police Officers Association ends on June 30, 2022. The City prepared for negotiations with the Pismo Beach Police Officers Association (POA) for the Fiscal Year 2023, 2024, and 2025 term by contracting with Koff and Associates to conduct a total compensation and benefits study. The compensation study allowed staff to effectively review salaries and benefits in comparable agencies, recognizing the need to remain competitive to attract and retain key staffing and safety positions in the City, including sworn police officer and public safety dispatcher positions.

During the negotiations process, the City reviewed the compensation study and provided recommendations to Council on equity adjustments for those positions that were under median market value. The City and the POA arrived at a competitive negotiated package that maintains Pismo Beach’s position in the marketplace.

Key changes reflected in the MOU Resolution (Attachment 1) include:

1. Term: beginning July 1, 2022, through June 30, 2025.

2. Salary Increase: Effective the first full pay period after July 1, 2022, employees covered under the MOU shall receive a cost-of-living increase of 4%; effective first full pay period after July 1, 2023, a 4% increase; and effective first full pay period after July 1, 2024, a 3% increase.

3. Equity Adjustments: Effective the first full pay period after July 1, 2022, all employees covered under the MOU shall receive a 2.5% equity adjustment; effective the first full pay period after July 1, 2023, all employees covered under this MOU shall receive a 2.5% equity adjustment.

4. Pay Incentives:
a. Motorcycle, K9 Unit, and Bicycle Team: Effective the first full pay period after July 1, 2022, employees covered under the MOU and assigned to Motorcycle, K9 Unit, or Bicycle Team, shall receive $200 per month above base salary; effective first full pay period after July 1, 2023, employees covered under the MOU and assigned to Motorcycle, K9 Unit, or Bicycle Team, shall receive $225 Council Agenda 5-17-2022 12.A-1
Packet Page 86

per month above base salary; effective first full pay period after July 1, 2024, employees covered under the MOU and assigned to Motorcycle, K9 Unit, or Bicycle Team, shall receive $250 per month above base salary. b. SWAT Team: Effective the first full pay period after July 1, 2022, employees covered under the MOU and assigned to the SWAT Team shall receive $65 per month above base salary; effective first full pay period after July 1, 2023, employees covered under the MOU and assigned to the SWAT Team shall receive $75 per month above base salary.
c. POST Certification:
i. Intermediate POST Certification: Effective the first full pay period after July 1, 2023, employees covered under the MOU and who hold an Intermediate POST Certification shall receive $225 per month above base salary; effective the first full pay period after July 1, 2024, employees covered under the MOU and who hold an Intermediate POST Certification shall receive $250 per month above base salary.
ii. Advanced POST Certification: Effective the first full pay period after July 1, 2023, employees covered under the MOU and who hold an Advanced POST Certification shall receive $425 per month above base salary; effective the first full pay period after July 1, 2024, employees covered under the MOU and who hold an Advanced POST Certification shall receive $450 per month above base salary.

In addition to the benefits above, the MOU has been clarified to reflect past practice of payroll implementation of specific sections.

A combined salary schedule, and adopting resolution, will be presented to the City Council at a future meeting in June 2022, before the effective date of the MOU.

Recommendation
Staff recommends City Council adopt a resolution (Attachment 1) approving the successor MOU (Attachment 1.A) with the POA for salaries and benefits for Fiscal Years 2023, 2024, and 2025.

FISCAL IMPACT:

The fiscal impact of the attached Resolution is an additional cost to the General Fund Police Department of $236,382 in FY 2023, $502,242 in FY 2024, and $642,523 in FY 2025. Staff recommends that Council appropriate an additional $236,382 in salary and benefits in the General Fund Police Department budget in FY 2023. The following table illustrates the additional salary and benefit costs by MOU item and fiscal year.

Council Agenda 5-17-2022 12.A-2
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Table 1. Additional Salary and Benefit Costs by Fiscal Year These costs are based on the current mix of employees in various retirement tiers and receiving various special pays. Based on preliminary projections, City staff projects sufficient net operating surplus (projected revenues less operating expenditures) during this period to support these ongoing costs across the various funds.

ALTERNATIVES:

1. Provide staff with other direction.

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Successor MOU with POA including Salary Schedules (A-C)
Prepared by: Meeting Date: May 17, 2022
Bianka Buchanan, Management Analyst
Submitted By: Jorge Garcia, Assistant City Manager
City Manager Approval:

Item Type FY 2023 FY 2024 FY 2025
COLA Salary 111,519$ 239,011$ 340,344$
Benefits 33,133 70,949 100,868
COLA Subtotal 144,653 309,961 441,212
Equity Salary 68,000 141,139 143,796
Benefits 20,203 41,896 42,617
Equity Subtotal 88,203 183,035 186,413
Special Pay Salary 3,120 8,100 13,020 Benefits 406 1,146 1,878
Special Pay Subtotal 3,526 9,246 14,898 Total 236,382$ 502,242$ 642,523$
Council Agenda 5-17-2022 12.A-3
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RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA APPROVING A NEW THREE-YEAR SUCCESSOR MEMORANDUM OF UNDERSTANDING WITH THE POLICE OFFICERS ASSOCIATION ("POA") FOR FISCAL YEARS 2023, 2024, AND 2025, AND APPROPRIATING FUNDS AS

REQUIRED TO COVER COSTS
WHEREAS, the Negotiating Teams representing the City and the Pismo Beach Police Officers Association (POA) member-employees have reached agreement on a new Memorandum of Understanding (MOU) for the period of July 1, 2022 through June 30, 2025 (Fiscal Years (FY) 2023, FY 2024, and FY 2025) which includes changes in pay and benefits for POA member-employees; and
WHEREAS, the City Council believes that the new MOU is fair to its valued police safety employees and also serves the community of Pismo Beach well by providing broadly competitive salaries and benefits to retain and attract quality employees to serve the community and by providing pay incentives for additional benefits that will enhance the service to Pismo Beach’s residents, businesses and taxpayers.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves the new Memorandum of Understanding titled "POA MOU FYs 2023– 2025," which is attached hereto as Exhibit A; and which succeeds the previous MOU which expires on June 30, 2022.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates the $182,639 in salaries and $53,743 in various benefit accounts in the General Fund Police Department from the General Fund unassigned fund balance in FY 2023.

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 17th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 5-17-2022 12.A-4
Attachment 1
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POA MOU FYs 23-25
1 City of Pismo Beach
POA MOU FYs 23-25
For Three Fiscal Years FY 23 through FY 25

TABLE OF CONTENTS
PREAMBLE ................................................................................................................................................................. 3 ARTICLE 1 .............................................................................................................................................................. 4 REPRESENTATIONAL UNIT ............................................................................................................................. 4 ARTICLE 2 .............................................................................................................................................................. 4 EQUAL OPPORTUNITY EMPLOYMENT ........................................................................................................ 4 ARTICLE 3 .............................................................................................................................................................. 4 ADA ...................................................................................................................................................................... 4 ARTICLE 4 .............................................................................................................................................................. 4 MANAGEMENT RIGHTS ................................................................................................................................... 4 ARTICLE 5 .............................................................................................................................................................. 6 NO STRIKE OR LOCKOUT ................................................................................................................................ 6 ARTICLE 6 .............................................................................................................................................................. 7 EXISTING CONDITIONS OF EMPLOYMENT ................................................................................................. 7 ARTICLE 7 .............................................................................................................................................................. 7 ASSOCIATION RELEASE TIME ....................................................................................................................... 7 ARTICLE 8 .............................................................................................................................................................. 7 SALARY SCHEDULE ......................................................................................................................................... 7 ARTICLE 9 .............................................................................................................................................................. 8 PISMO BEACH COMPENSATION PLAN ......................................................................................................... 8 ARTICLE 10 ............................................................................................................................................................ 9 RETIREMENT BENEFITS .................................................................................................................................. 9 ARTICLE 11 .......................................................................................................................................................... 11 EXTRA COMPENSATION .............................................................................................................................. .. 11 ARTICLE 12 .......................................................................................................................................................... 15 WORK PERIODS, SCHEDULES, OVERTIME, AND DEFERRED COMPENSATION ................................ 15 ARTICLE 13 .......................................................................................................................................................... 20 HEALTH AND LIFE INSURANCE BENEFITS ............................................................................................... 20 ARTICLE 14 .......................................................................................................................................................... 21 HEALTH COVERAGE FOR RETIRED EMPLOYEES .................................................................................... 21 ARTICLE 15 .......................................................................................................................................................... 23 VACATION ........................................................................................................................................................ 23 ARTICLE 16 .......................................................................................................................................................... 24 HOLIDAYS ......................................................................................................................................................... 24 ARTICLE 17 ........................................................................................................................................................ ..25 SICK LEAVE .................................................................................................................................................... ..25 Council Agenda 5-17-2022 12.A-5
Attachment 1.A
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POA MOU FYs 23-25
2 ARTICLE 18 .......................................................................................................................................................... 27 BEREAVEMENT LEAVE ................................................................................................................................. 27 ARTICLE 19 .......................................................................................................................................................... 27 JURY DUTY AND COURT APPEARANCES .................................................................................................. 27 ARTICLE 20 .......................................................................................................................................................... 28 UNIFORM ALLOWANCE ................................................................................................................................. 28 ARTICLE 21 .......................................................................................................................................................... 30 TUITION ASSISTANCE .................................................................................................................................... 30 ARTICLE 22 .......................................................................................................................................................... 31 MILEAGE REIMBURSEMENT ........................................................................................................................ 31 ARTICLE 23 .......................................................................................................................................................... 31 SAFETY EQUIPMENT ...................................................................................................................................... 31 ARTICLE 24 .......................................................................................................................................................... 31 GRIEVANCE PROCEDURE ............................................................................................................................. 31 ARTICLE 25 .......................................................................................................................................................... 33 LEAVE WITHOUT PAY .................................................................................................................................... 33 ARTICLE 26 .......................................................................................................................................................... 34 MEMORANDUM OF UNDERSTANDING AS BINDING AGREEMENT ..................................................... 34 ARTICLE 27 .......................................................................................................................................................... 34 MEET AND CONFER PROCESS ...................................................................................................................... 34 ARTICLE 28 .......................................................................................................................................................... 34 LAYOFF .............................................................................................................................................................. 34 ARTICLE 29 .......................................................................................................................................................... 35 SEVERABILITY CLAUSE ................................................................................................................................ 35 ARTICLE 30 .......................................................................................................................................................... 36 TERM .................................................................................................................................................................. 36

Council Agenda 5-17-2022 12.A-6
Attachment 1.A
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POA MOU FYs 23-25
3 MEMORANDUM OF UNDERSTANDING (“MOU”)

BETWEEN

THE CITY OF PISMO BEACH, CALIFORNIA
(HEREINAFTER CALLED "CITY")

AND

THE PISMO BEACH POLICE OFFICERS ASSOCIATION
(HEREINAFTER CALLED "ASSOCIATION" or “POA”)

PREAMBLE

WHEREAS, pursuant to California law, the City, acting by and through its Municipal Employee Relations Officer, duly appointed by the governing body of said City and the representatives of the Association, a duly recognized employee organization, have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours and other items and conditions of employment for the three-year period comprised of the three Fiscal Years FY 23 through FY 25 (July 1, 2022 through June 30, 2025); and

WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this Agreement shall apply to all employees represented by the Association; and

WHEREAS, Government Code Sections 3300 and 3500 et. seq. are incorporated herein by reference; and

WHEREAS, the representatives of the City and the Association desire to reduce their agreements to writing,

NOW, THEREFORE, the parties (the City and the Association) agree as follows:

Council Agenda 5-17-2022 12.A-7
Attachment 1.A
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POA MOU FYs 23-25
4 ARTICLE 1

REPRESENTATIONAL UNIT

It is recognized pursuant to the City's employer-employee relations Resolution #R-85-8, that the Association is the only employee organization entitled to meet and confer in good faith on matters within the scope of representation on behalf of its member employees in the Police Unit. Classifications represented include Sworn Employees: Police Officer, Police Corporal, Police Sergeant; and Non-sworn Employees: Police Support Service Supervisor, Public Safety Dispatcher, Senior Public Safety Dispatcher, and Community Services Officer.

ARTICLE 2

EQUAL OPPORTUNITY EMPLOYMENT

Equal Opportunity Employment has been defined in Section 3.0 of the City’s Personnel Rules and Regulations.

ARTICLE 3
ADA

Americans with Disabilities Act, California Fair Employment and Housing Act and a Reasonable Accommodation Policy has been defined in Section 3.02 of the City’s Personnel Rules and Regulations.

ARTICLE 4

MANAGEMENT RIGHTS

In order to ensure that the City shall continue to carry out its public safety functions, programs, and responsibilities to the public imposed by law, and to maintain efficient public safety service for the citizens of Pismo Beach, the City continues to reserve and retain solely and exclusively all management rights, regardless of the frequency of use, including those rights and responsibilities set forth by law and those City rights set forth in the City's Personnel Rules and Regulations Ordinance and including but not limited to the following rights:

1. To manage the Police Division and determine policies and procedures and the right to manage the affairs of the Division.

2. To determine the existence or nonexistence of facts which are the basis of the management decision in compliance with State law.

3. To determine the necessity, organization, implementation, and termination of any service or activity conducted by the City or other government jurisdiction and to expand or diminish police services.

Council Agenda 5-17-2022 12.A-8
Attachment 1.A
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POA MOU FYs 23-25
5 4. To direct, supervise, recruit, select, hire, evaluate, promote, transfer, discipline, discharge, terminate, demote, reduce, suspend, reprimand, withhold salary increases and benefits for disciplinary reasons, or otherwise discipline employees in accordance with Division and/or City Rules, Regulations and Ordinances.

5. To determine the nature, manner, means, extent, type, time, quantity, quality, technology, standard, and level of police services to be provided to the public.

6. To require performance of other public safety services not specifically stated herein in the event of emergency or disaster, as deemed necessary by the City.

7. To lay off employees of the Police Division because of lack of work or funds or under conditions where continued work would be inefficient or nonproductive or not cost effective, as determined by the City.

8. To determine and/or change the police facilities, methods, technology, equipment, operations to be performed, organization structure, and allocate and assign work by which the City police operations and services are to be conducted.

9. To determine method of financing.

10. To plan, determine, and manage the division's budget which includes, but is not limited to, changes in the number of relocations, and types of operations, processes and materials to be used in carrying all Police Division functions and the right to contract or subcontract any work or operations of the Police Division.

11. To determine the size and composition of the Police Division work force, assign work to employees of the Police Division in accordance with requirements determined by the Police Division and to establish and require compliance to work hours and changes to work hours, work schedules, including call back, standby, and overtime, and other work assignments, except as otherwise limited by this agreement, or subsequent agreements.

12. To establish and modify goals and objectives related to productivity and performance programs and standards, including but not limited to quality and quantity, and require compliance therewith.

13. To determine qualifications, skills, abilities, knowledge, selection procedures and standards, job classification, job specifications, and to reallocate and reclassify employees in accordance with division and/or City Rules and Regulations.

14. To determine the issues of public policy and the overall goals and objectives of the Police Division and to take necessary action to achieve the goals and objectives of the Police Division.

Council Agenda 5-17-2022 12.A-9
Attachment 1.A
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POA MOU FYs 23-25
6 15. To hire, transfer intra or inter Division, promote, reduce in rank, demote, reallocate, terminate, and take other personnel action for non-disciplinary reasons in accordance with Division and/or City Rules, Regulations and Ordinances.

16. To determine policies, procedures and standards for recruiting, selecting, training and promoting employees.

17. To establish, implement, and/or modify rules and regulations, policies, and procedures related to productivity, performance, efficiency, personal appearance standards, code of ethics and conduct, safety, health, and order, and to require compliance therewith.

18. To maintain order and efficiency in police facilities and operation.

19. To restrict the activity of an employee organization on City facilities except as set forth in this agreement.

20. To take any and all necessary steps and actions to carry out the service requirement and mission of the City in emergencies or any other time deemed necessary by the City and not specified above.

Authority of Third Party Neutral –Regarding City’s Management Rights

All management rights, powers, authority, and functions, whether heretofore or hereinafter exercised, shall remain vested exclusively with the City. Except as provided by state or federal law applicable to the City of Pismo Beach, no third-party neutral shall have the authority to diminish any of the management rights which are included in this Agreement.

ARTICLE 5

NO STRIKE OR LOCKOUT

The City and the Association agree that during the term of this Agreement the City will not lockout employees and the Association will not engage in labor practices detrimental to providing services to the citizens of Pismo Beach or detrimental to the interest of the City, nor will the Association sanction, support, condone, approve, or engage in any strike, sick- in, slowdown, work stoppage, or speed-up. The City and the Association further agree that all matters of controversy coming within the scope of this agreement will be settled by established grievance procedures. Unit members who violate this provision may be subject to discipline in accordance with existing law.

Council Agenda 5-17-2022 12.A-10
Attachment 1.A
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POA MOU FYs 23-25
7 ARTICLE 6

EXISTING CONDITIONS OF EMPLOYMENT

Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change the existing benefits, and terms and conditions of employment which are provided for in the various Ordinances and Resolutions of the City of Pismo Beach. Where conflict exists between the City ordinances and resolutions relating to this Memorandum of Understanding, this Memorandum of Understanding will take precedence.

ARTICLE 7

ASSOCIATION RELEASE TIME

The City and the Association agree that the Association officers and representatives will be allowed to meet with City management on City time for the purpose of meeting and conferring in good faith. The release time will include time to caucus during meetings with City management but will not include time to prepare for these meetings. The Association may designate up to three representatives. Should the association require subject matter experts in addition to the three representatives, such requests shall be made in writing to the Chief of Police and Management Services Director for consideration on a case-by-case basis.

ARTICLE 8

SALARY SCHEDULE

Classifications represented by Union are currently assigned to the salary ranges on the attached salary schedule (Schedule “A”) as indicated below.

CLASSIFICATION SALARY RANGE
Public Safety Dispatcher NS20
Community Services Officer NS21
Senior Public Safety Dispatcher NS24
Police Support Services Supervisor NS30
Police Officer SW33
Police Corporal SW37
Police Sergeant SW44

A. Effective the first full pay period following July 1, 2022, all classifications in the unit shall receive a salary increase of 4% which is reflected in the salary schedule attached as “Schedule A”.

B. Effective with the first full pay period in July 1, 2023, all classifications in the unit shall receive a salary increase of 4%, which is reflected in the salary schedules attached as “Schedule B”.

Council Agenda 5-17-2022 12.A-11
Attachment 1.A
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POA MOU FYs 23-25
8 C. Effective with the first full pay period in July 1, 2024, all classifications in the unit shall receive a salary increase of 3%, which is reflected in the salary schedules attached as “Schedule C”.

D. Consistent with the City’s compensation survey, effective the first full pay period in July 1, 2022, all classifications in the unit shall receive a 2.5% equity adjustment.

F. Consistent with the City’s compensation survey, effective the first full pay period in July 1, 2023, all classifications in the unit shall receive a 2.5% equity adjustment.

ARTICLE 9

PISMO BEACH COMPENSATION PLAN

The salary schedule attached as “Exhibit A” includes 5% increases between steps A through E for each salary range. Steps A through E are further described below:

A. Step A is the minimum rate and is normally the hiring rate for the class with the employee remaining in this step during the one-year probationary period. In the case where a person of unusual qualifications is engaged, the personnel officer may authorize hiring at an appropriate step within the established salary range.

B. Step B is an incentive adjustment to encourage an employee to improve the quality of his/her work. An employee is eligible for this step after one year of service at the preceding step and has received a "meets" or "exceeds standards" in their performance evaluation, or has unusual qualifications or has demonstrated the same to be eligible for this step.

C. Step C is awarded to an employee who has proven to be fully qualified, experienced and conscientious. An employee is eligible for this step after one year of service at the preceding step and has received a "meets" or "exceeds standards" in their performance evaluation.

D. Step D is awarded to an employee whose job performance clearly "meets" or "exceeds standards". An employee is eligible for this step after one year of service at the preceding step.

E. Step E is awarded to an employee whose job performance clearly "meets" or "exceeds standards" on a sustained basis. An employee is eligible for this step after one of service at the preceding step. This step may be withdrawn when an employee's job performance fails to maintain a "meets" or "exceeds standards" on a sustained basis.

Nothing in this section shall diminish an employee’s due process rights pursuant to the Public Safety Officers Procedural Bill of Rights Council Agenda 5-17-2022 12.A-12
Attachment 1.A
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POA MOU FYs 23-25
9 Act or as otherwise required by law.

Step increases shall be given only upon the written recommendation of the department head and the written approval of the personnel officer. The department head’s recommendation must be accompanied by a current and appropriately signed performance evaluation form. Performance evaluations may be called for at any time by the department head or personnel officer. Performance evaluations shall be provided at least annually.

In the event an employee is away from work on an extended leave of more than twenty eight (28) consecutive calendar days, the eligibility date for considering a merit step pay increase for such employee shall be extended by an equal number of days of said leave.

In such instance, credit shall be granted for limited work which the employee may have performed at home during such extended leave. Leave is defined as hours not worked by the employee as part of approved time off for FMLA, CFRA or approved unpaid leave.

ARTICLE 10

RETIREMENT BENEFITS

A. SWORN EMPLOYEES:

1. The City provides Sworn Safety unit employees hired before December 17, 2012, retirement coverage through the Public Employee's Retirement System (PERS), specifically the PERS Benefit Description: “3% at 50 Modified Formula” and “One-Year Final Compensation”. The Employee will pay the total 9% sworn Member Contribution plus 3% Employer contribution.

2. The City provides Sworn Safety police members hired after December 17, 2012, who qualify as a PERS “Classic” member under the new Public Employees’ Pension Reform Act (“PEPRA”) the retirement formula under Government Code Section 21363.1 (3% @55), modified for Social Security for Police Safety Employees. This formula shall be based upon highest average full-time monthly pay rate for a 3-year period. The Employee will pay the total 9% sworn member contribution plus 3% Employer contribution.

3. The City provides Sworn Safety police unit employees hired after January 1, 2013 who do not qualify for Pension Reciprocity pursuant to Government Code Section 7522.02(c), retirement coverage through the PERS retirement formula (2.7% @ 57 formula). This formula shall be based upon highest average full time monthly pay rate for a 3-year period.

Employees shall pay the full employee’s share of Public Employees’ Retirement employee contribution as determined by PERS; the City shall not pick up any portion of the required employee contribution. Under this retirement benefit (2.7% @ 57) the employee pays the full 11.50% PERS employee Member Contribution plus 0.5% of the Employer Contribution.

Council Agenda 5-17-2022 12.A-13
Attachment 1.A
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10 For “new” Sworn Safety employees the total twelve percent (12%) employee contribution shall consist of the full eleven- and one-half percent (11.50%) employee Member Contribution plus one half of a percentage point (0.50%) of the total employer contribution percentage. For “new” Sworn Safety employees, should the employee contribution rate increase as defined by PEPRA, the employee will pay 12% per the terms of this agreement or the rate defined under PEPRA, whichever is greater.

B. NON-SWORN EMPLOYEES:

1. The City provides unit Non-sworn Employees hired before December 17, 2012, with retirement benefits through the Public Employee's Retirement System (PERS) at a "2.5@ 55" modified formula, which includes the PERS Benefit Description: “One Year Final Compensation”. Of the 8% Member Contribution, the employee pays 8% of the PERS employee Member Contribution and the City pays 0%.

2. The City provides PERS Miscellaneous Non-Sworn unit employees hired after December 17, 2012, who qualify as a PERS “Classic” member under the new Public Employees’ Pension Reform Act (“PEPRA”) retirement coverage through the Public Employees Retirement System (“PERS”) Government Code Section 21353 (2% @60) for Miscellaneous Employees. This formula shall be based upon highest average full-time monthly pay rate for a 3-year period. Employees with the 2% @ 60 modified formula pay the full 7% PERS employee Member Contribution plus 1.0% of the City contribution.

3. The City provides PERS Miscellaneous unit employees hired after January 1, 2013 who do not qualify for Pension Reciprocity pursuant to Government Code Section 7522.02(c), the City shall provide retirement coverage through the PERS retirement formula under Government Code 7522.20 (2%@62 formula). This formula shall be based upon highest average full time monthly pay rate for a 3- year period.

Employees pay the full employee’s share of Public Employees’ Retirement employee contribution as determined by PERS; the City shall not pick up any portion of the required employee contribution. Under this retirement benefit (2% @ 62) the employee pays the full 6.25% PERS employee Member Contribution plus 1.75% of the City Contribution. For “new” Miscellaneous employees, should the employee contribution rate increase as defined by PEPRA, the employee will pay the employee contribution, plus 1.75%.

For “new” employees the total eight percent (8%) employee contribution shall consist of the full six and one quarter percent (6.25%) employee Member Contribution plus one and three quarters percentage point (1.75%) of the total employer contribution percentage. For “new” employees, should the employee Council Agenda 5-17-2022 12.A-14
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11 contribution rate increase, the employee will pay 8% per the terms of this agreement or the rate defined under PEPRA, whichever is greater.

C. ALL UNIT EMPLOYEES

The City has amended the Retirement Contract with PERS to allow the additional Cost Sharing contribution by the employees (the amounts contributed by employees above the Member Contribution) to be credited to the employee’s PERS account as a normal contribution and the additional amount will be reported as tax deferred compensation in accordance to IRC 414(h)(2).

ARTICLE 11

EXTRA COMPENSATION

A. POST Educational Incentive Program

Purpose

The purpose of the educational incentive program is to motivate unit employees to achieve higher educational and professional law enforcement-related standards, and enhance career development. Additionally, this program is predicated upon a combination of appropriate educational training and experience as established by standards set forth by POST.

For the remainder of calendar year 2022, POST Intermediate and Advanced certification pay will continue to be paid out on a 26-pay period schedule.

Intermediate certification pay will receive $92.31 per pay period, and Advanced certification will receive $184.62 per pay period. Effective January 1, 2023, both Intermediate and Advanced POST certifications pay will be paid out on a 24-pay period schedule.

Compensation

1. Unit members who possess a POST Intermediate Certificate shall receive $200 compensation per month above their base salary. Effective the first full pay period in July 2023, this incentive shall increase to $225 per month above their base salary. Effective the first full pay period in July 2024, this incentive shall increase to $250 per month above their base salary.

Unit members who possess a POST Advanced Certificate shall receive $400 compensation per month above their base salary. Effective the first full pay period in July 2023, this incentive shall increase to $425 per month above their base salary. Effective the first full pay period in July 2024, this incentive shall increase to $450 per month above their base salary.

Council Agenda 5-17-2022 12.A-15
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12 B. Special Duty Assignments

1. Motorcycle Duty

Purpose
The purpose of the motorcycle duty assignment is to provide the Police Department with selected qualified unit employees who are responsible for performing selected traffic enforcement, direction, and control.

Unit employees assigned to motorcycle duty must demonstrate a proficiency to operate a motorcycle as required by management, and will be required to obtain and maintain specialized skills which are unique to motorcycle duty.

Compensation

Unit employees who are assigned to motorcycle duty will receive extra compensation in the amount of $180 per month above the base salary. Effective the first full pay period in July 2022, this compensation shall be increased to $200 per month above the base salary. Effective the first full pay period in July 2023, this compensation shall be increased to $225 per month above the base salary.

Effective the first full pay period in July 2024, this compensation shall be increased to $250 per month above the base salary.

This extra compensation is granted in recognition of the assigned duties and responsibilities of the motorcycle duty assignment, including any time spent taking the motorcycle home and on maintenance and cleaning performed by the employee on the motorcycle.

2. K-9 Duty

Purpose

The purpose of the K-9 program is to enhance general and specialized law enforcement patrol through the efficient use of canine service teams in the areas of crime prevention, crime suppression, criminal field investigation, officer/citizen safety, and community relations, with minimal commitment of additional resources.

Compensation

Unit employees who are assigned to K-9 Duty shall receive extra compensation in the amount of $180 per month above the base salary. Effective the first full pay period in July 2022, this compensation shall be increased to $200 per month above the base salary. Effective the first full pay period in July 2023, this compensation shall be increased to $225 per month above the base salary. Effective the first full pay period in July 2024, this compensation shall be increased to $250 per month above the base salary.

Council Agenda 5-17-2022 12.A-16
Attachment 1.A
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13 This compensation is granted in recognition of the assigned duties and responsibilities of the K-9 assignment including any time spent by the employee on or off-duty in the care and maintenance of assigned animals.

Time off for the K-9 assignment will be pursuant to the Department directive.

3. Special Weapons and Tactics (“SWAT Team”) Duty

Purpose

The purpose of SWAT Team special duty is to prepare for situations when Special Weapons and Tactics may be needed, and be a part of the Regional SWAT Team.

Compensation

The Police Chief will assign up to four unit employees to SWAT Team Duty. Unit employees so assigned shall receive extra compensation in the amount of $50 per month above their base salary during said assignment. This compensation is contingent upon the assigned officer being a member in good standing on the Regional Swat Team. Effective the first full pay period in July 2022, this compensation shall be increased to $65 per month above the base salary. Effective the first full pay period in July 2023, this compensation shall be increased to $75 per month above the base salary.

4. Training Officer and Dispatch Trainer Duty

Purpose

The purpose of the Training Officer and Dispatch Trainers is to provide training, orientation and evaluation to employees as assigned.

Compensation

The Chief of Police will assign unit employees to training responsibilities. The Training Officer / Dispatch Trainer will receive extra compensation of $1.50 per hour.

This compensation will be for the actual time in training in which the officer is assigned for specific training.

5. Officer in Charge Pay

Purpose

The purpose of the Officer in Charge Duty is to provide coverage, through a Police Officer position, as the acting Watch Commander in the absence of a Corporal or Sergeant to fill the position.

Council Agenda 5-17-2022 12.A-17
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14 Compensation

Police Management will assign a Police Officer to act as the Officer in Charge. The Police Officer performing duties as the Acting Officer in Charge will receive an additional $1.50 per hour. This compensation will be for the actual time performing duties as the Officer in Charge.

6. Bilingual Pay
Those City employees who assist non-English speaking persons who are having difficulties conducting business with the City and who are called upon to provide their assistance, shall receive $100 per month for their special work assignment following their designation by the City Manager. Bilingual Pay will be considered for proficiency in a foreign language that will meet the needs of the City’s residents and visitors. Such designated employees shall be required to demonstrate their knowledge of and competence in a specified foreign language through a certification process to the satisfaction of the City Manager.

7. Emergency Medical Dispatcher (EMD) Pay
An emergency medical dispatcher is a professional tele communicator, tasked with the gathering of information related to medical emergencies, the provision of assistance and instructions by voice, prior to the arrival of emergency medical services, and the dispatching and support of EMS resources responding to an emergency call. Employees holding a valid EMD certification will receive $100 per month while maintaining their certification.

8. Bicycle Duty

Purpose

Unit employees assigned to bicycle duty must demonstrate a proficiency to operate a bicycle as required by management and will be required to obtain and maintain specialized skills which are unique to bicycle duty.

Compensation

Effective the first full pay period in July 2022, unit employees who are assigned to bicycle duty will receive extra compensation in the amount of $200 per month above the base salary. Effective the first full pay period in July 2023, this compensation shall be increased to $225 per month above the base salary. Effective the first full pay period in July 2024, this compensation shall be increased to $250 per month above the base salary.

This extra compensation is granted in recognition of the assigned duties and responsibilities of the bicycle duty assignment, including any time spent taking the bicycle home and on maintenance and cleaning performed by the employee on the Council Agenda 5-17-2022 12.A-18
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15 bicycle.

C. Extra Compensation Limitation

1. This extra compensation shall be paid only during those periods or portions thereof when such employees are actually assigned to these special assignments.

2. However, should an employee assigned to a special duty be unable to perform that function due to a non-job-related illness or injury for a period of 15 working days or more, this assignment compensation shall be suspended for all scheduled work days not worked in excess of the first 15 working days and until the day he/she returned to this full-duty assignment.

3. Temporary Assignments: Those assignments as mentioned above are temporary assignments and not a separate job classification. It is not a property right and may be revoked at anytime for job-related reasons or operational necessity or any other reason as deemed appropriate by the Department Head or City Manager. However, unit members are entitled to due process rights pursuant to the Public Safety Officers Procedural Bill of Rights Act (or as otherwise required by law) if the Department or City seeks to remove a unit member from one of these assignments for disciplinary or performance related reasons.

4. When temporarily assigned to a higher job classification, an employee shall receive pay at the “A” step of the higher classification to which assigned, or an additional 5% above the employee’s regular rate of pay whichever is higher.

5. Employees are eligible for extra compensation for work in a higher job classification beginning on the first day of such assignment and continuing until the termination of the assignment only when such assignment is made on a formal basis and when the assignment is for a period of not less than fifteen (15) working days.

6. The extra compensation will terminate at either the end of the assignment, or in the case of an employee covering for a job classification that is vacant; the compensation will terminate on or before 14 days from the job classification being filled.

ARTICLE 12

WORK PERIODS, SCHEDULES AND OVERTIME

A. Work Periods

1. The work period for sworn unit employees shall be a fixed and regularly recurring period of time consisting of fourteen (14) consecutive 24-hour days. The fourteen- day work period shall begin on Monday morning at 12:01 a.m. and end fourteen days later on Sunday night at 12:00 p.m.

Council Agenda 5-17-2022 12.A-19
Attachment 1.A
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16 2. The work period for non-sworn unit employees shall be a fixed and regularly recurring period of time consisting of seven (7) days. The seven-day work period shall begin on Monday morning at 12:01 a.m. and end seven days later on Sunday night at 12:00 p.m. Other work periods particularly for dispatchers could be approved if deemed to be in the best interest of the City.

B. Daily Work Schedules

1. Work Schedules for Uniform Services: Sworn and Non-Sworn

a. Because there is a variety of work shifts including, but not limited to 3/12, 4/10, 5/9, 5/8 plans, the daily work schedule will consist of the normal number of hours for that assigned shift i.e., 12, 10, 9, or 8 hours. This is inclusive of breaks and a forty-five (45) minute meal break.

b. Employees both sworn and non-sworn assigned to uniform services are considered to have already been compensated for their meal breaks, and if they are unable to take their meal break, they shall not receive further compensation.

Unit employees will have the opportunity for meal break within their work schedule unless circumstances prevent it.

2. Work Schedule - other than uniform services: The daily work schedule for unit employees assigned either permanently or temporarily to: Administration, and / or any special assignment or seasonal assignment as deemed necessary by police management, will consist of the normal number of hours for that assigned shift, i.e., 12, 10, 9, or 8 hours, inclusive of breaks, exclusive of the meal break.

This section will not apply to sworn personnel.

3. Work schedules may be modified and/or adjusted by management in order to accommodate further scheduling by assignment to other deployment shifts, i.e., 3/12 or 4/10 programs (alternative scheduling).

C. Special Work Periods

1. Recall Work: work (time) performed by a unit employee who is scheduled to be off- duty, but is ordered to duty. Recall work is of two kinds:

a. Regular recall work: work performed by an off-duty employee for the purposes of maintaining necessary staffing levels, when the order to work is given while the employee is on duty.

b. Emergency recall work: work performed by a unit employee who is off duty and who is ordered to duty immediately to maintain necessary staffing levels, or when it is deemed necessary or advisable to Council Agenda 5-17-2022 12.A-20
Attachment 1.A
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17 properly handle an emergency incident or incidents.

1. Unit employees shall be credited a minimum of two (2) hours worked, inclusive of one (1) hour of travel time, for Emergency recall work.

2. For travel to work for each Emergency recall, employees shall be credited one hour of time worked.

3. Travel time returning home shall not be considered work time.

2. Extended Shift Work: time worked by unit employees beyond their normal assigned shifts for the completion of work assigned.

3. Special Detail Work: work performed by a unit employee during off-duty hours involving duty at parades and other public or civic events, and private contract work authorized by Police management.

4. Training Time: Work time spent by unit employees during off-duty attending mandatory training. However, time spent for non-classroom study and/or assignments, meals, sleep time and travel time – except as required by the Fair Labor Standards Act - shall be considered non-work time.

A unit employee shall receive two (2) hours minimum to attend off-duty training. This two hour minimum provision will not apply if the training is attended contiguous to the workday.

5. Court Time - "Go Subpoenas": Court time is work time required of a unit employee to attend court in response to a "go" subpoena, or a hearing or trial in a civil or criminal case, at a time other than the employee's assigned work shift schedule, for the purpose of testifying as to knowledge acquired or claimed to have been acquired by such employee in the course of employment with the City.

A police officer shall receive three (3) hours minimum to be present in court. If the officer is required to be present both before and after lunch, the officer shall receive a total of six (6) hours minimum. If the actual time in court is greater than the minimum, or the sum of the minimums – whichever management deems appropriate, the officer will be paid the greater amount of time.

6. Court “Stand-by” or "On-Call" Time is non-work time required of an off-duty unit employee.

A unit employee placed on court standby time "on call" during off-duty time is required to provide a telephone number at which the employee is readily accessible, or arrange to be readily accessible by other methods approved in Council Agenda 5-17-2022 12.A-21
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18 advance by management. The employee must be able to appear at court in a reasonable amount of time if so ordered by the court of administrative tribunal.

When an officer is required to stand-by the employee’s residence, the employee shall be paid a minimum stipend of two (2) hours at straight time.

D. Time Worked (and Time NOT Worked)

1. All time actively engaged in performance of duties shall be considered as time worked.

2. The following activities shall be considered as time NOT worked for the purpose of calculating overtime, except as provided for in this Agreement, or by the Fair Labor Standards Act (“FLSA”).

a. Meal breaks - except as authorized by this Agreement.

b. All travel time to work and returning home by any mode or vehicle.

c. All time in off-duty training assignments (homework, study time, meal time, sleep time, etc.)

d. All time putting on and taking off uniforms.

e. All time for personal preparation and clean-up.

f. All off-duty time spent in vehicle or equipment maintenance.

g. Any and all other time which has been compensated, including, but not limited to: Vacation, holidays, court stand-by or on call, sick leave, IOD, family leave time, jury duty, bereavement leave, and compensatory time off.

E. Overtime

1. Overtime Definition

The City shall administer all overtime pay provisions consistent with the Fair Labor Standards Act (FLSA). While the City will continue to pay overtime for hours worked over the 80 hours per pay period for sworn employees in a 14-day work period, the City will continue to follow the FLSA 7(k) exemption. The City will pay overtime for hours in excess of 40 hours worked in a work week for non-sworn employees. Only time worked shall be used to calculate overtime, except personal holidays will be counted as time worked for calculating overtime. Compensatory time off and other forms of paid leave shall not be counted for this purpose.

Council Agenda 5-17-2022 12.A-22
Attachment 1.A
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19 2. No Pyramiding of Overtime
All time worked by unit employees which has already been compensated as overtime shall not apply towards time worked for additional overtime compensation.

3. Overtime Pay:

Overtime Pay shall be 1.5 times the employee's regular rate of pay.

F. Compensatory (“Comp”) Time in lieu of Overtime Pay:

1. In lieu of Overtime Pay, unit employees may choose to be compensated for overtime by the accumulation of compensatory time at the rate of 1.5 hours of comp time earned for each Overtime hour worked, but not paid.

2. Unit employees may accumulate up to a maximum total of 100 comp time hours as of the end of a pay period. Whenever an employee’s current balance of accumulated comp time exceeds 100 hours as of the end of a pay period, on the employee’s payroll check immediately following the end of said pay period, the comp time in excess of 100 hours shall be paid out at the rate of the employee’s current regular rate of pay (as of the last day in the pay period) multiplied by the employee’s accumulated comp time in excess of 100 hours. The excess comp time so paid out shall be simultaneously subtracted from the employee’s comp time balance.

a. At the mutual convenience of management and employee, the employee may use accumulated comp time as paid leave on a straight time hour-for-hour basis. All comp time utilized as paid leave shall be simultaneously debited (subtracted) from the employee’s comp time balance.

b. The City shall retain the power to limit overtime pay to that amount budgeted for that purpose or to limit the compensatory time accrued by an individual officer.

G. DEFERRED COMPENSATION

The City shall administer a deferred compensation plan(s) on behalf of the employees by a vendor of the City’s sole discretion. Employees shall be able to make voluntary contributions up to the maximum allowed by the Internal Revenue Service for said plan.

The City shall make contributions up to $62.50 per pay period (approximately $1,500.00 a year), for each employee. Contributions shall be made in the normal pay period cycles. For FY20, this includes a one-time payment of $1,062.50 for each employee following the first full pay period after ratification.

Council Agenda 5-17-2022 12.A-23
Attachment 1.A
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20 ARTICLE 13

HEALTH AND LIFE INSURANCE BENEFITS

The Association and the City agree that the City will make available for employees a Health Plan that includes insurance for Medical, Dental and Vision care.

A. CITY’S CAFETERIA PLAN

1. Effective January 1, 2010 the City implemented a full flex cafeteria plan for active employees in accordance with IRS Code Section 125. Active employees participating in the City’s full flex cafeteria plan shall receive a monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan.

The monthly flex dollar allowance shall be a dollar amount equal to the amounts defined below, which includes the California Public Employees’ Medical and Hospital Care Act (PEMHCA) contribution hereby referred to as the PEMHCA minimum contribution, for an Employee, an Employee & One Dependent or an Employee & Two or More Dependents.

The monthly flex dollar allowance may be used in accordance with the terms of the cafeteria plan to purchase benefits such as medical, dental, and vision insurance coverage, or any other benefits the City may offer from time to time, or may be converted to taxable income.

2. There shall be an open enrollment period once each year prior to the insurance policy anniversary date to allow for changes in coverage.

3. The City shall continue to provide, for the duration of this Agreement, a term life insurance policy covering the employee equal in value to $50,000. Said policy shall also include a double indemnity coverage benefit of $100,000 for accidental death or dismemberment. The City will pay 100% of the premium cost for employee and dependent coverage for said insurance.

4. City Flex Dollar Contributions

In each of the contract years, the City’s flex dollar allowance will be established based on the following amounts for health, dental and vision. The amounts include the PEMHCA minimum contribution.

The current rates for employee only is equal to $947.83; employee plus 1 dependent is equal to $1,589.02; employee plus children is equal to $2,072.93; and employee plus family is equal to $2,103.93.

In the event that different levels of dependent coverage are selected for dental and vision care than for medical coverage, the amount of dental and vision coverage shall be calculated based on the level of benefit selected by the employee and that amount Council Agenda 5-17-2022 12.A-24
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21 shall be subtracted from the level of medical coverage selected. For example, if an employee selects "Employee Plus Family" dental and vision coverage, and "Employee Only" medical coverage, 100% of the cost of the full family dental and vision coverage shall be subtracted from the Employee Only maximum coverage level to determine the employee deduction for total health and welfare coverage. This same calculation shall be used to determine the amount of Employee Only medical redirect that may be paid pursuant to Section 5, below.

5. Medical Redirect

If an employee has health, dental and vision insurance coverage through another eligible source or a former employer and provides proof of other coverage to the Human Resources Division, the employee may elect to waive the City’s health insurance coverage and elect to use flex dollars, equal to the amount defined for employee only coverage of health, dental and vision, in accordance with the terms of the cafeteria plan, or the amount may be converted to taxable income.

See Section 4, above, for the calculation if an employee has selected different levels of dependent coverage for dental and vision than for medical coverage.

6. Benefit Changes

In the event that any of the medical, dental, vision care or life insurance benefits in force as of the effective date of this Agreement, and for which the City has control, are reduced or eliminated as a result of changes in benefit provider, the parties shall meet and confer for the purpose of replacing any benefits so reduced or eliminated with, to the maximum extent possible, benefits equivalent to those reduced or eliminated.

7. Affordable Care Act (ACA)

Parties agree to Meet and Confer during the term of this agreement should language or benefit changes be required to meet compliance requirements under the ACA.

Additionally, the parties agree to Meet and Confer during the term of this agreement to explore alternatives to the current health care provider.

ARTICLE 14

HEALTH COVERAGE FOR RETIRED EMPLOYEES

A. RETIREE HEALTH COVERAGE

Employees represented by the Union who retire from the California Public Employees Retirement System (CalPERS) within 120 days of leaving their position with the City are eligible to continue in the City’s retiree group health insurance program offered through Public Employees’ Medical and Hospital Care Act (PEMHCA). The City’s contribution Council Agenda 5-17-2022 12.A-25
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22 towards retiree coverage shall be the PEMHCA minimum contribution as determined by CalPERS from time to time.

B. LONGEVITY PAYMENTS

The City shall make a longevity payment to an employee who retires from the City as described in this Section and who qualifies for and exercises their right through PERS to receive the City’s retiree group health insurance. The City shall make a longevity payment on a monthly basis to the retiree’s Retiree Healthcare Reimbursement trust (Retiree HRA trust).

The City’s monthly contribution to the Retiree HRA trust shall be the difference between the premium cost of coverage for the retiree and retiree’s spouse (when applicable) minus the PEMHCA minimum contribution up to the City’s maximum longevity contribution. In no event shall the City’s total contribution to the Retiree HRA exceed the amounts described in this section. The City’s maximum contribution towards a retiree’s Retiree HRA Trust account shall not be subject to change and shall continue for the lifetime of the retiree and retiree’s spouse, in accordance with PEMHCA eligibility provisions for coverage.

1. Existing Employees retiring on or before January 1, 2010 shall receive a longevity payment not to exceed:

Retiree only/surviving spouse: $270 per month
Retiree plus one dependent $428 per month
Retiree plus family: $529 per month

The City’s contribution to a retiree’s Retiree HRA will decrease if the retiree experiences a change in family status, i.e. retiree has retiree plus one coverage and the spouse passes away, therefore changing to retiree only coverage.

2. Employees employed before July 1, 2009, retiring after January 1, 2010 who satisfy the criteria outlined below shall receive the longevity payment described in Section B 1 of Article 14:
i. Employee retires from the City, and
ii. Employee has 10 or more years of service with the City of Pismo Beach at the time of retirement

3. Employees employed before July 1, 2009, retiring after January 1, 2010 who satisfy the criteria of this section shall receive the longevity payment described below:
i. Employee is age 50 as of 01/01/2010, and the
ii. Employee has less than 10 years of service at the time of retirement from the City of Pismo Beach, the retiree shall receive the longevity payment described in Section B 1of Article 14

4. Existing Employees with less than 10 years of service who were not age 50 as of 1/1/2010 who retire from the City shall not be eligible to receive a longevity Council Agenda 5-17-2022 12.A-26
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23 payment from the City. The City’s contribution towards their retiree health coverage shall be the PEMHCA minimum contribution as described in Section A of this Article.

5. Employees hired on or after July 1, 2009, including Department Heads and the City Manager positions, shall not be eligible to receive a longevity payment from the City. The City’s contribution towards their retiree health coverage shall be the PEMHCA minimum contribution as described in Section A of this Article.

C. ESTABLISHMENT OF A RETIREE HEALTHCARE TRUST

The City shall make available to the employees a Retiree Healthcare Trust, where employees shall be provided the opportunity to defer vacation and an a specified amount of annual sick time buy-back, as well as a portion of their salary (if applicable), to prefund their future retiree health care costs. The trust and contribution requirements shall comply with the guidelines established by the Internal Revenue Service.

The City agrees to provide insurance for retirees according to the provision of the health insurance contract with PERS. If the City’s contract with PERS is cancelled, the City agrees to meet and confer with POA on this issue.

ARTICLE 15

VACATION

The purpose of annual vacation leave is to enable each eligible employee annually to return to his/her work mentally refreshed. All employees in the Classified Service shall be entitled to annual vacation leave with pay except the following:

1. Employees who have served less than six (6) months in service of the City.

However, vacation credits for the time may be granted to each such employee who later receives a regular appointment.

2. Employees who work on a provisional basis, and all employees who are not regularly employed in a Regular Full-Time position (including Temporary and Seasonal appointments).

The specific rates at which vacation leave are to be accrued shall be as follows:

1. Each eligible employee shall accrue 6.66 hours per month from one (1) to five (5) years of employment.

2. Employees completing five (5) years of service, vacation leave will accrue at the rate of ten (10) hours per month.

3. Employees completing 10 years of service, vacation leave will accrue at the rate described in subsection (2) above, plus an additional 0.667 hours or one day for each year of service over ten (10). Up to a maximum of 160 hours accrued per year.

Other applicable provisions are as follows:

Council Agenda 5-17-2022 12.A-27
Attachment 1.A
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24 1. The times during a calendar year at which an employee may take his/her vacation shall be determined by the Department Head with due regard for the wishes of the employee and particular regard for the service needs of the City.

2. If the service requirements of the City are such that an employee cannot take part or all of his/her annual vacation in a particular calendar year, such vacation either shall be taken during the following calendar year or paid for at the discretion of the Personnel Officer.

3. An eligible employee, with the consent of the head of his/her department, may defer a maximum of 160 hours of his/her annual vacation to the succeeding calendar year, subject to the provisions of this Rule. The balance over 160 hours that is not deferred to the succeeding calendar year will be paid to the employee as straight- time hours.

4. Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date or termination.

ARTICLE 16

HOLIDAYS

A. The employees represented by the Police Association will be granted two (2) personal holidays per year.

These holidays must be taken during the course of the fiscal year, and no compensation will occur for the holiday if it is not taken during the fiscal year.

However, all employees must strive to give to the Police Chief or his designee a minimum of one (1) week's notice of employee’s request to take the personal holiday.

New employees hired between July 1 and October 31 shall be granted two personal holidays in the fiscal year in which they are hired. Employees hired between November 1 and April 30 shall be granted one personal holiday in the fiscal year in which they are hired. Employees hired between May 1 and June 30 are not eligible for a personal holiday in the fiscal year in which they are hired.

Holiday pay will be provided to Association members at the rate 5.0% of the regular rate of pay and Extra Compensation as outlined in Article 11 of this agreement based on the percentage of 8 hours for an equivalent of thirteen (13) holidays out of a total of 2,080 fiscal year annual hours. This is calculated as:

$Base Hourly Rate * 80 hours bi-weekly = $ Base Earnings Amount $Annual Premiums/26 pay periods = $ Premium Amount
Holiday Pay = 5.0% * ($Base Earnings Amount + $ Premium Amount)

The designated holidays for the City are:

1. New Year's Day

2. Third Monday in January, Martin Luther King Day
Council Agenda 5-17-2022 12.A-28
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25 3. Third Monday in February, Washington's Birthday

4. Last Monday in May, Memorial Day

5. Independence Day

6. First Monday in September, Labor Day

7. Veteran's Day

8. Fourth Thursday in November, Thanksgiving Day

9. Friday after Thanksgiving

10. Christmas Eve

11. Christmas Day

12. Mother’s Day

13. Father’s Day

ARTICLE 17

SICK LEAVE

A. Sick Leave Benefit

1. Sick leave is a benefit and not a right and is to be utilized by employees who are unable to work because of an injury or illness not arising out of the course of their employment, except as provided otherwise in this article. Employees receiving temporary payments under Workers Compensation or State Disability Insurance may use accumulated sick leave in order to maintain but not exceed his/her regular base income to ensure whole payment. However, all employees receiving full salaries in lieu of temporary disability payments pursuant to Section 4850 of the California Labor Code are entitled to accumulate sick leave during such period of disability.

2. The sick leave benefit should be thought of as an insurance policy. It insures and protects employees from a loss in wages when they are unable to work because of an illness or injury.

3. The City considers good attendance to be an important part of an employee's overall performance. Absenteeism creates a hardship on City operations and co-workers, resulting in work schedule disruptions and added costs.

The City and the Association agree that the City's sick leave policy shall continue such that employees shall accrue sick leave at the rate of one (1) working day for each full calendar month of service. Said sick leave accrual shall commence at the beginning of the employee's employment with the City.

Sick leave with pay shall be granted to all probationary and regular employees within the competitive service who are regularly employed in a classified position. In order to receive compensation while absent on sick leave, the employee shall notify his immediate Council Agenda 5-17-2022 12.A-29
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26 supervisor or the personnel officer prior to or within thirty (30) minutes after the time set for beginning his daily duties, or as may be specified by the head of the department. When absence is for more than one (1) work day, the employee may be required to file a Physician's Certificate or personal affidavit with the personnel officer or his designee stating the cause of the absence. Police management or supervision will make the evaluation as to whether a doctor's release is necessary. This release shall be obtained by the employee as soon as reasonably possible and may be required by the supervisor before the employee can return to work.

Employees will be credited with a maximum of twelve (12) days per year of sick leave, accrued at the rate of 3.6923 hours per pay period (based on 26 pay periods per year), regardless of work schedule.

B. Misuse of Sick Leave, Injury or Illness

No unit employee shall misuse, feign or misrepresent any illness or injury, or deceive any other employee, supervisor, or any representative of the City as to their real condition for the purpose of remaining away from scheduled duty assignments.

Misuse of sick leave, illness, or injury shall result in disciplinary action, which could include dismissal from the City.

C. Sick Leave Payback or Retirement Credit

At the end of each Calendar year, the employee will have the choice of the following:

1. Sick Leave Annual Pay-off

a. City will pay the employee one-sixth of the net amount of Employee’s sick leave accumulated (earned minus used) during said calendar year.
b. Once the employee’s sick leave balance exceeds 480 hours, the net amount of sick leave hours accumulated (earned less used) in that calendar year will be paid in full.

Any sick leave hours paid for will be deducted from the sick leave balance. At no time will the number of hours paid out for a calendar year exceed the annual accrual.

2. Sick Leave Retention

The Employee can choose to not receive the Sick Leave Payback, and can instead build up their sick leave balance. There is no cap to the amount of sick leave that can be accumulated for retirement credit.

Under the PERS provisions applicable to the City, at the time of Council Agenda 5-17-2022 12.A-30
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27 retirement, the Employee’s sick leave balance will convert to additional retirement credit.

This option to convert the unused sick leave at retirement does not change the vesting of sick leave, and does not entitle the Employee to any rights to the balance at any separation from City employment other than for retirement credit.

D. Family Leave

The City will provide Family Leave Benefits in accordance with pertinent California and Federal Law, and Section 19 of the City’s Personnel Rules and Regulations.

Where applicable, Family Leave time shall be coordinated to run concurrently with the employee’s available accumulated leave until such available leave time is fully used.

Department Head or Supervisor must be furnished with reasonable evidence of the serious illness.

ARTICLE 18

BEREAVEMENT LEAVE

Bereavement leave shall be defined as whenever any employee has experienced a death in the immediate family. [Immediate family is defined in the definition section 2.19 of the City’s Personnel Rules]

A. Leave With Pay

The employee may be granted bereavement leave with full pay of not to exceed a total of forty (40) hours per occurrence as approved by management. These days shall not be charged against the unit employee’s accumulated sick leave.

B. Facts Justifying Absence

The employee must submit an approved declaration or other evidence such as a death certificate or obituaries, acceptable to Department Head, evidencing eligibility for bereavement leave.

ARTICLE 19

JURY DUTY AND COURT APPEARANCES

No deduction shall be made in the salary of any employee who serves on a jury, if the employee has waived or remitted the jury fee for such jury duty. If the employee has not so Council Agenda 5-17-2022 12.A-31
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28 waived or remitted the jury fee, the employee shall be paid only for the time actually worked in the City position. An employee accepted for jury duty shall immediately notify the Finance Department in writing, whether or not the jury fee will be waived or remitted to the City. It is understood that the employee may retain any travel pay granted by the court because of the employee's participation in jury duty.

An employee who is subpoenaed to appear in court as a result of official duties as a City employee shall be allowed to do so without loss of compensation. Any witness fees paid as required by law shall be submitted to the City if the employee is required to attend the legal proceeding in an official capacity. An employee subpoenaed to appear in court in a matter unrelated to official duties as a City employee shall be permitted to use accrued vacation, holiday, and/or compensatory time off.

Except as provided in an applicable memorandum of understanding, employees shall be required to return to work for completion of their assigned work shift, where reasonable, upon release from their daily court duties. "Reasonableness" shall be determined by the department head, or the Department Head's designated representative.

ARTICLE 20

UNIFORM ALLOWANCE

A. Purpose

1. The purpose of the uniform allowance is to provide funds for the future purchases, replacement and cleaning of uniforms and clothing, and to compensate for all time expended in cleaning and maintaining required uniform equipment in proper order.

2. The purpose of the advance of the uniform allowance is to compensate the employee and allow them to purchase the uniforms. This allowance is to last for one full calendar year. After the first year, the unit employee is eligible to begin accrual of time for the next normal paid uniform allowance. The amount will be pro-rated as to the amount of time eligible for the allowance.

3. Any unit employee who separates from the City prior to completion of probation shall reimburse to the City the same amount as was given by the uniform allowance and spent for safety equipment and vest. Department issued patches and equipment shall be returned to the department.

4. In the event the employee fails to return City- or department-issued equipment in acceptable condition, the City shall withhold from the employee’s final paycheck the dollar amount appropriate for repairs or replacement purchases.

5. When an employee who is a reserve officer becomes a full-time officer, he/she will receive the difference between the amounts of the uniform allowance advancements.

Council Agenda 5-17-2022 12.A-32
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29 B. All unit employees wearing uniforms (sworn and non-sworn) shall have at least one complete Class A uniform.

C. Uniform Allowances for Full-time Sworn and Non-Sworn Personnel

In general, the annual uniform allowance for full-time Non-sworn personnel will be $700 per year for the duration of this Agreement.

The annual uniform allowance for Sworn personnel will be $1200 per year.

1. New Hires: Uniform allowance for new hires, both sworn and non-sworn, will be processed in the first payroll check. The city will not purchase uniforms for sworn or non-sworn staff in lieu of the advanced uniform allowance. New officers are required to purchase uniforms in advance of their first day. New dispatch staff will be required to have their uniforms within 30 days of the hire date. The initial advanced uniform allowance is to last for one full calendar year. After the initial year, employees will be eligible to receive uniform allowance in June and December.

2. Regular Employees: The annual uniform allowances for both Sworn and Non- sworn personnel shall be made in two equal retroactive payments of 50% of the annual allowance and shall occur during the first accounts payable period in December and June. Payments are for the previous six months of employment; July through December will be paid in December; January through June will be paid in June.

D. Uniform allowance for new Full-time hires.

1. New Full-time sworn personnel shall receive an advance of the annual allowance for the purchase of the following items:

1. Two pairs of uniform pants

2. Two long-sleeve shirts

3. Two short-sleeve shirts

4. One pair of work shoes

5. One necktie and tie bar

6. One uniform duty jacket

2. Full-time non-sworn personnel shall receive an advance of the annual allowance for the purchase of the following items:

1. Two pairs of uniform pants or skirts

2. Two long-sleeve shirts

3. Two short-sleeve shirts

4. One pair of work shoes

5. One uniform jacket for those whose assignment would be outdoors.

Council Agenda 5-17-2022 12.A-33
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30 Items not covered under this agreement include and are not limited to the following: Ties, tie bars, newly approved optional campaign hat, alterations of existing uniforms and any additional specialty alterations of the new uniforms.

ARTICLE 21

TUITION ASSISTANCE

A. Purpose and General Rules

The City recognizes the importance of continued improvement of its personnel and encourages all employees to take advantage of those training and development opportunities that will enable City employees to perform more effectively and productively in their job responsibilities. Tuition assistance programs are distinguished from courses or schools mandated or required by the City and when the latter are paid fully by the City.

B. Work Related Courses

1. The City will reimburse full-time regular employees for the cost of books and tuition for approved courses, which relate directly and specifically to their present work assignment, or to degree requirements in a related field, or to enhance career opportunities within the City service.

2. Employees obtaining tuition assistance shall be required to continue working for the City for a period of 12 months after completion of the reimbursed classes or repay the City in the full amount of reimbursement received.

3. Course/class attendance will be on employee's own time. In no case will City time be authorized for outside education as covered under this tuition assistance program.

4. Application for tuition assistance must be approved in writing, in advance, by the Department Head and the City Manager before the class/course work begins; and, the Department Head will certify that the approved course work meets the criteria set forth in number one above.

5. Any job-related books paid for by the City or as a part of the tuition costs will become City property if determined to be of value to the City by the employee's Department Head.

6. Receipts for all tuition and registration fees and books must be submitted to the City as well as certification that the employee earned a grade of “C” or better, a “passing” grade for a class giving pass/fail, or a copy of the certificate of completion for the class, before reimbursement will be made. All Reimbursements must be submitted within 60 days, following completion of the class.

Council Agenda 5-17-2022 12.A-34
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31 C. Contribution

The City will provide an amount not to exceed $1000 per fiscal year per employee toward Tuition Assistance.

ARTICLE 22

MILEAGE REIMBURSEMENT

It is agreed that reimbursement for miles traveled on City business utilizing the employee's car shall be, with prior approval of the department head for using a non-City vehicle at the rate allowed by the IRS for passenger vehicles at the time of said employee’s travel on City business.

The mileage reimbursement rates provided for herein are intended and shall be considered to cover ALL vehicle expenses of whatever description, including but not limited to gas, oil, maintenance, wear and tear, and required insurance.

ARTICLE 23

SAFETY EQUIPMENT

The City shall provide all safety equipment required per department policy. All City equipment shall be returned to the City upon the employee’s leaving City employment.

ARTICLE 24

GRIEVANCE PROCEDURE

The City agrees that the following grievance procedure shall remain in effect during the term of this Agreement:

A. Grievance Procedure

The purpose of this rule is to provide for an employee grievance procedure which shall apply to any dispute concerning the interpretation, application or alleged violation of these Rules and Regulations, the Personnel Ordinance or this Memorandum of Understanding. Any employee who has a grievance shall first try to resolve it through discussion with their immediate supervisor without undue delay.

Undue delay shall be understood to be more than ten (10) working days of such an incident taking place or of first knowledge of the incident. Every effort shall be made to find an acceptable solution at the lowest possible level of supervision. For purposes of this Grievance Procedure, a “working day” shall be defined as a day when City Hall is open for regular business.

B. General Conditions
Council Agenda 5-17-2022 12.A-35
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32 The intent of the time limits set forth in the Rule are to expedite hearing of the employee's appeal or grievance. The recognized employee representative may begin investigation of a grievance only after the employee has attempted to resolve the grievance with their immediate supervisor and the two parties failed to reach resolution. Time limits may be extended at any level if both parties agree to such an extension. There shall be no reprisals against employees solely for their proper use or non-use of the appeal/grievance procedure.

C. Appeal to Immediate Supervisor

Any employee who has a grievance shall first try to resolve it through discussion with their immediate supervisor. Every effort shall be made to find an acceptable solution at the lowest possible level of supervision.

D. Formal Appeal to Department Head

If, after such above discussion, the employee does not believe the grievance has been satisfactorily resolved, he or she may file a formal appeal in writing to the Department Head within ten (10) working days after receiving the informal decision of the immediate supervisor or within twenty (20) working days of presenting his or her informal appeal to the supervisor if a decision was not provided by the supervisor within ten (10) working days of the discussion with the employee. The Supervisor shall have the duty to fully inform the Department Head regarding the grievance of any and all available circumstances regarding said grievance.

The Department Head receiving the formal appeal shall render a written decision and comment to the employee within ten (10) working days after receiving the appeal.

E. Mediation

If, within ten (10) working days after receipt of the written decision of the Department Head, or within twenty (20) working days of presenting his or her appeal to the Department Head if a written decision was not provided and the employee is still dissatisfied, she/he may request the services of a mediator from the State Mediation and Conciliation Service (SMCS). Mediation shall begin at the earliest possible date on which the mediator is available. If a mediated mutual resolution is not reached, then the process will advance to the City Manager.

F. Appeal to the City Manager

After the mediation process has concluded, either party may appeal the decision to the City Manager. Such appeal may be made by filing a written appeal to the City Manager within ten (10) working days after receipt of the written mediation service report.

Council Agenda 5-17-2022 12.A-36
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33 The City Manager shall review all documentation, including the mediator’s report and render a written decision within twenty (20) working days after the appeal is made, that shall be final and binding.

ARTICLE 25

LEAVE WITHOUT PAY

Employees of the City, with regular status or with the right to return to such status, may be granted leave of absence without pay, at the discretion of the Department Head and with the approval of the Personnel Officer, for a period not to exceed three months. Leave of absence may be granted for the following reasons:

1. Illness of the employee or his/her immediate family not covered by sick leave.

2. To enable an employee to attend school or otherwise obtain training designed to improve the quality of his/her service.

3. Pregnancy disability leave beyond that otherwise provided for by law or these Rules.

4. For any other reason which the Personnel Officer approves as being in the public interest.

Leaves of absence without pay will not be approved for matters of simple convenience, such as extended vacations. Approval of leave of absence without pay will be granted only for reasons clearly permitted as stated above and which are compelling in nature. Denial of such leave is not subject to grievance or appeal. All requests for leave of absence without pay will be handled in a timely manner. In the event of illness lasting longer than accrued sick leave, the employee’s vacation time may be approved for use unless the employee formally requests leave without pay within the pay period. Leave without pay may be authorized even though the employee has unused sick leave and/or vacation time to his/her credit.

Effect on Health Insurance Premiums

During an approved leave without pay the employee will pay that portion of Health, Dental, Vision and Life Insurance premiums designated as his/her portion of premiums for “employee only” and all premiums for dependents one month in advance of the month of insurance coverage. The City will pay the portion of premiums designated as the City’s share for the employee only for six (6) pay periods or for as long as the employee is current with payment of his/her share, up to 6 pay periods.

If insurance coverage is upgraded at the employee’s request during this time, the employee shall pay any additional premiums.

Effect on Seniority and Benefits

Council Agenda 5-17-2022 12.A-37
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34 Time on leave without pay is disregarded in computing merit salary increases, vacation and sick leave credits, seniority and holidays. Under this unpaid leave policy, leave without pay is not considered work time for the purposes of crediting any of the above or any other benefits.

Expiration of Leaves Without Pay

At the expiration of a leave of absence or earlier if the Personnel Officer approves, an employee on leave shall be returned to his/her former position or to another position which the Personnel Officer finds has substantially similar duties and responsibilities, qualification requirements, and the same compensation. The City may refuse to reinstate an employee if he/she is no longer physically able to perform the duties of the class as determined by a licensed physician.

ARTICLE 26

MEMORANDUM OF UNDERSTANDING AS BINDING AGREEMENT

After this Agreement has been signed by the representatives of both parties, and has been ratified and approved by the City Council of the City of Pismo Beach, it shall be a binding agreement between the parties, supersede all prior agreements, commitments and practices, and constitute the sole and entire agreement between the parties, within the framework of applicable State and Federal law.

ARTICLE 27

MEET AND CONFER PROCESS

The City and the Association agree that during the term of this Agreement, no additional items will be placed under discussion for purposes of meet and confer unless mutually agreed upon by both parties.

During the term of this agreement, the parties agree to hold labor management meetings to discuss items including but not limited to scheduling and K-9 assignments.

ARTICLE 28
LAYOFF

The Layoff Policy and Procedure can be found in Section 8 of the City’s Personnel Rules and Regulations and is as below:

A. Policy

Whenever in the judgment of the City Council it becomes necessary in the interest of economy, or because of the necessity for a position to no longer exist or other reasons determined in its sole discretion, the City Council may abolish any position or employment in the Classified Service; and the employee holding such position for employment may be Council Agenda 5-17-2022 12.A-38
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35 laid-off without taking disciplinary action and without the right of appeal.

In reducing paid personnel and laying off any employee through the abolition of position, the Council shall observe the seniority rule. Seniority shall be determined on the basis of total continuous regular employment in the classification. The name of each employee so laid off shall be placed at the top of the appropriate eligible re-employment list.

The parties agree that any employee whose position is abolished shall be given every opportunity through promotional examinations, transfers and voluntary demotion, to fill existing vacant positions. In the event that an employee scheduled to be laid off does not possess minimum qualifications for vacant positions, opportunity for trainee level appointment to a vacancy in the bargaining unit will be considered. In no case shall open competitive recruitment be used to fill a vacancy until it has been determined that no laid-off person, as described above, has the potential and willingness to meet those qualifications.

Prior to the Council implementing a layoff or salary reduction plan, the Personnel Officer shall meet and confer with any affected recognized employee organization regarding the impacts of such action.

B. Procedure

A permanent employee may elect to be ranked by seniority with employees in any classification in the same department with the same or lower salary in which the employee has previously served in permanent status. An employee must notify the Chief of Police within seven (7) calendar days after receipt of a written notice of lay-off of the election to exercise the option. An employee who is subsequently bumped as the result of the exercised option shall be laid off in the same manner as an employee whose position was eliminated by the initial action of the City Council. The bumped employee may exercise his/her seniority in accordance with these rules and procedures.

Employees to be laid off shall be given at least 14 calendar days prior notice. The names of regular and probationary employees laid off or demoted in lieu of lay-off shall be placed upon re-employment lists for one year for those classes requiring the same qualifications, duties and responsibilities of the class from which lay-off, or demotion in lieu of lay-off, was made.

Persons whose names are placed on re-employment lists in accordance with this Section, and who are re-employed within the prescribed period, shall be regarded as having been on leave of absence during this period. No annual leave or sick credit shall accrue during any such leave periods. The actual number of days absent shall not be counted for anniversary date longevity, compensation, or benefit accumulation.

ARTICLE 29

SEVERABILITY CLAUSE

If any provision of this Agreement, or the application of such provision should be rendered Council Agenda 5-17-2022 12.A-39
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36 or declared invalid by a decree of a court of competent jurisdiction, or by reason of any existing or subsequently enacted legislation, the remaining portions of this Agreement shall remain in full force and effect.

ARTICLE 30
TERM

The term of this Agreement is July 1, 2022 through June 30, 2025.

CITY OF PISMO BEACH PISMO BEACH POLICE OFFICERS
Negotiating Representatives ASSOCIATION Negotiating Representatives

____________________________ ___________________________

Date: _______________________ Date: ______________________ Council Agenda 5-17-2022 12.A-40
Attachment 1.A
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City of Pismo Beach
Salary Table
5% between steps
Effective July 4, 2022
Classification Title Range # Period Step A Step B Step C Step D Step E Public Safety Dispatcher NS 21 Hourly 28.95631 30.40412 31.92433 33.52055 35.19657 Bi-weekly 2,316.50458 2,432.32981 2,553.94630 2,681.64362 2,815.72580 Monthly 5,019.09327 5,270.04793 5,533.55033 5,810.22784 6,100.73923 Annual 60,229.11919 63,240.57515 66,402.60391 69,722.73410 73,208.87081 Community Services Officer NS 22 Hourly 29.68021 31.16423 32.72244 34.35856 36.07649 Bi-weekly 2,374.41718 2,493.13804 2,617.79494 2,748.68469 2,886.11892 Monthly 5,144.57055 5,401.79908 5,671.88903 5,955.48348 6,253.25766 Annual 61,734.84662 64,821.58895 68,062.66839 71,465.80181 75,039.09191 Senior Public Safety Dispatcher NS 25 Hourly 31.96234 33.56046 35.23848 37.00041 38.85043 Bi-weekly 2,556.98740 2,684.83677 2,819.07861 2,960.03254 3,108.03417 Monthly 5,540.13938 5,817.14634 6,108.00366 6,413.40385 6,734.07404 Annual 66,481.67251 69,805.75614 73,296.04394 76,960.84614 80,808.88845 Police Support Services Supervisor NS 31 Hourly 37.06652 38.91985 40.86584 42.90913 45.05459 Bi-weekly 2,965.32170 3,113.58778 3,269.26717 3,432.73053 3,604.36706 Monthly 6,424.86368 6,746.10686 7,083.41220 7,437.58281 7,809.46195 Annual 77,098.36412 80,953.28233 85,000.94644 89,250.99377 93,713.54346 Police Officer SW 34 Hourly 39.14523 41.10249 43.15761 45.31549 47.58127 Bi-weekly 3,131.61819 3,288.19910 3,452.60906 3,625.23951 3,806.50148 Monthly 6,785.17275 7,124.43139 7,480.65295 7,854.68560 8,247.41988 Annual 81,422.07298 85,493.17663 89,767.83546 94,256.22723 98,969.03859 Police Corporal SW 38 Hourly 43.20901 45.36946 47.63793 50.01982 52.52082 Bi-weekly 3,456.72041 3,629.55643 3,811.03425 4,001.58596 4,201.66526 Monthly 7,489.56089 7,864.03893 8,257.24088 8,670.10292 9,103.60807 Annual 89,874.73063 94,368.46716 99,086.89052 104,041.23505 109,243.29680 Police Sergeant SW 45 Hourly 51.36193 53.93003 56.62653 59.45786 62.43075 Bi-weekly 4,108.95463 4,314.40237 4,530.12248 4,756.62861 4,994.46004 Monthly 8,902.73504 9,347.87179 9,815.26538 10,306.02865 10,821.33008 Annual 106,832.82049 112,174.46152 117,783.18459 123,672.34382 129,855.96101 Council Agenda 5-17-2022 12.A-41
Attachment 1.A
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City of Pismo Beach
Salary Table
5% between steps
Effective July 2023
Classification Title Range # Period Step A Step B Step C Step D Step E Public Safety Dispatcher NS 21 Hourly 30.86742 32.41079 34.03133 35.73290 37.51955 Bi-weekly 2,469.39389 2,592.86358 2,722.50676 2,858.63210 3,001.56370 Monthly 5,350.35342 5,617.87109 5,898.76465 6,193.70288 6,503.38802 Annual 64,204.24106 67,414.45311 70,785.17577 74,324.43455 78,040.65628 Community Services Officer NS 22 Hourly 31.63911 33.22106 34.88212 36.62622 38.45753 Bi-weekly 2,531.12871 2,657.68515 2,790.56940 2,930.09787 3,076.60277 Monthly 5,484.11221 5,758.31782 6,046.23371 6,348.54539 6,665.97266 Annual 65,809.34649 69,099.81382 72,554.80451 76,182.54473 79,991.67197 Senior Public Safety Dispatcher NS 25 Hourly 34.07186 35.77545 37.56422 39.44243 41.41456 Bi-weekly 2,725.74857 2,862.03600 3,005.13780 3,155.39469 3,313.16443 Monthly 5,905.78857 6,201.07800 6,511.13190 6,836.68850 7,178.52292 Annual 70,869.46290 74,412.93604 78,133.58284 82,040.26199 86,142.27509 Police Support Services Supervisor NS 31 Hourly 39.51291 41.48856 43.56299 45.74113 48.02819 Bi-weekly 3,161.03293 3,319.08458 3,485.03880 3,659.29074 3,842.25528 Monthly 6,848.90468 7,191.34991 7,550.91741 7,928.46328 8,324.88644 Annual 82,186.85615 86,296.19896 90,611.00891 95,141.55936 99,898.63732 Police Officer SW 34 Hourly 41.72881 43.81525 46.00602 48.30632 50.72163 Bi-weekly 3,338.30499 3,505.22024 3,680.48125 3,864.50532 4,057.73058 Monthly 7,232.99415 7,594.64386 7,974.37605 8,373.09485 8,791.74960 Annual 86,795.92980 91,135.72629 95,692.51260 100,477.13823 105,500.99514 Police Corporal SW 38 Hourly 46.06080 48.36384 50.78203 53.32113 55.98719 Bi-weekly 3,684.86396 3,869.10715 4,062.56251 4,265.69064 4,478.97517 Monthly 7,983.87190 8,383.06550 8,802.21877 9,242.32971 9,704.44620 Annual 95,806.46285 100,596.78600 105,626.62530 110,907.95656 116,453.35439 Police Sergeant SW 45 Hourly 54.75182 57.48941 60.36388 63.38208 66.55118 Bi-weekly 4,380.14564 4,599.15292 4,829.11057 5,070.56610 5,324.09440 Monthly 9,490.31555 9,964.83133 10,463.07290 10,986.22654 11,535.53787 Annual 113,883.78664 119,577.97598 125,556.87478 131,834.71851 138,426.45444 Council Agenda 5-17-2022 12.A-42
Attachment 1.A
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City of Pismo Beach
Salary Table
5% between steps
Effective July 2024
Classification Title Range # Period Step A Step B Step C Step D Step E Public Safety Dispatcher NS 21 Hourly 31.79345 33.38312 35.05227 36.80489 38.64513 Bi-weekly 2,543.47570 2,670.64949 2,804.18196 2,944.39106 3,091.61061 Monthly 5,510.86402 5,786.40723 6,075.72759 6,379.51397 6,698.48966 Annual 66,130.36829 69,436.88670 72,908.73104 76,554.16759 80,381.87597 Community Services Officer NS 22 Hourly 32.58828 34.21770 35.92858 37.72501 39.61126 Bi-weekly 2,607.06257 2,737.41570 2,874.28649 3,018.00081 3,168.90085 Monthly 5,648.63557 5,931.06735 6,227.62072 6,539.00176 6,865.95184 Annual 67,783.62689 71,172.80823 74,731.44864 78,468.02108 82,391.42213 Senior Public Safety Dispatcher NS 25 Hourly 35.09401 36.84871 38.69115 40.62571 42.65699 Bi-weekly 2,807.52103 2,947.89708 3,095.29194 3,250.05653 3,412.55936 Monthly 6,082.96223 6,387.11034 6,706.46586 7,041.78915 7,393.87861 Annual 72,995.54678 76,645.32412 80,477.59033 84,501.46985 88,726.54334 Police Support Services Supervisor NS 31 Hourly 40.69830 42.73321 44.86987 47.11337 49.46904 Bi-weekly 3,255.86392 3,418.65711 3,589.58997 3,769.06947 3,957.52294 Monthly 7,054.37182 7,407.09041 7,777.44493 8,166.31718 8,574.63304 Annual 84,652.46184 88,885.08493 93,329.33918 97,995.80614 102,895.59644 Police Officer SW 34 Hourly 42.98068 45.12971 47.38620 49.75551 52.24328 Bi-weekly 3,438.45414 3,610.37685 3,790.89569 3,980.44048 4,179.46250 Monthly 7,449.98397 7,822.48317 8,213.60733 8,624.28770 9,055.50208 Annual 89,399.80769 93,869.79807 98,563.28798 103,491.45238 108,666.02500 Police Corporal SW 38 Hourly 47.44262 49.81475 52.30549 54.92077 57.66681 Bi-weekly 3,795.40987 3,985.18037 4,184.43939 4,393.66136 4,613.34442 Monthly 8,223.38806 8,634.55746 9,066.28534 9,519.59960 9,995.57959 Annual 98,680.65674 103,614.68958 108,795.42406 114,235.19526 119,946.95502 Police Sergeant SW 45 Hourly 56.39438 59.21409 62.17480 65.28354 68.54772 Bi-weekly 4,511.55001 4,737.12751 4,973.98389 5,222.68308 5,483.81723 Monthly 9,775.02502 10,263.77627 10,776.96508 11,315.81334 11,881.60401 Annual 117,300.30024 123,165.31526 129,323.58102 135,789.76007 142,579.24807 Council Agenda 5-17-2022 12.A-43
Attachment 1.A
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B

SUBJECT/TITLE:

AWARD OF TWO SEPARATE AGREEMENTS TO TJA ADVERTISING & PUBLIC RELATIONS, INC. FOR TOURISM MARKETING SERVICES

RECOMMENDATION:

BACKGROUND:

The City’s current contracts with TJA Advertising & Public Relations, Inc. (TJA Advertising) for promotion and marketing services for the Conference & Visitors Bureau (CVB) and for the Lodging Business Improvement District (LBID) expire on June 30, 2022.

Based on a review of other recent proposals (Visit SLO Cal and See Monterey) and of the City’s needs, staff issued a Request for Proposals for these services for a term to begin July 1, 2022, through June 30, 2025. The RFP is provided as part of Attachment

4. The RFP was comprehensive, and a process was established to ensure fairness and competitiveness. Staff solicited the Visit SLO CAL Chief Marketing Officer to provide recommendations of full-service agencies which were included in the list of recipients.

Staff also asked Travel Vertical, which lists RFP requests for destination marketing organizations domestically, to share the RFP on its website.

Fourteen marketing agencies requested and received the RFP. On March 25, 2022, four marketing agencies submitted proposals. On April 7, 2022, the CVB Marketing Selection Subcommittee met to review and score the proposals. The Marketing Selection Subcommittee included the Chief Marketing Officer of Visit SLO CAL, the Sales and Marketing Director for Santa Barbara Hotel Group, the President of the Pismo Beach Hospitality Association, the Conference & Visitors Bureau Advisory Board Chair and Vice Chair and the Tourism & Events Director. Based on scores after review of the submitted materials, the top two marketing agencies, Madden Media based in Tucson, Arizona and TJA Advertising based in Pismo Beach, California were invited to present their proposal to the Marketing Selection Subcommittee on April 13, 2022. Proposals received, scoring criteria, and other information about agencies contacted are included in Attachment 4.

CVB / LBID Advisory Body Recommendation
At the April 20, 2022 meeting of the Conference and Visitors Bureau Board / Lodging Business Improvement District Advisory Board, staff presented the recommendation from the Marketing Selection Committee. The CVB/LBID Advisory Board voted unanimously to recommend that the Council award the contracts to TJA Advertising, based on their

12.B-1Council Agenda 5-17-2022
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responsiveness to the RFP, understanding of the community, experience of the account representative, positive feedback from references, and high scores from the selection panel. The CVB / LBID Advisory Board staff report, including the published RFP, proposals received, and other information, is available online in the City’s Access Pismo public records portal at www.pismobeach.org/accesspismo1 (Attachment 4).

Marketing Plan and Agreement Components
Based on the goals and objectives of the City’s strategic plan, the contract will provide for the following:
 A state-of-the-art website as the principal fulfillment tool for all marketing.  A branding graphic design refresh.
 Production of new, short-form vertical video production and posting.  Stewardship and Education program.
 Stay Vacation (“staycation”) campaign with the goal of turning same-day visitors into overnight stays.
 Implementation of all elements of the new strategic marketing and media plan over a three-year period.
 New market development in Sacramento, San Diego, and Portland.  Cooperative marketing with Visit California, Visit SLO Cal and CCTC.  Development of the media plan which continues to move into more digital marketing opportunities.
 Work with SLO Coastal Wine Collective to promote “Wine and Waves” branding.  Continuing to collect research data on visitors to Pismo Beach to ensure midweek offseason overnight lodging stays are maximized.

Accomplishing these goals will require a comprehensive marketing campaign that combines advertising, social media, public relations, and online strategies. In order to achieve the goal of increasing occupancy, TJA Advertising will work to accomplish the following tasks:
 Increase mid-week tourism by increasing overnight stays during the shoulder  season.
 Work with the lodging industry to develop more value-added and resident packages.
 Increase group, business, and corporate retreat business.  Event promotion marketing to attract off season events creating multiple night midweek, offseason overnight stays.
 More cooperation with the San Luis Obispo County wine region to build reasons  for longer overnight stays in Pismo Beach.

Per the agreement, to carry out the execution of the above tasks, TJA Advertising will receive, as compensation, a 15% agency commission on all media advertising. If the media is not commissionable, TJA Advertising will charge 15% of the placement cost.

1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=426415&dbid=0&repo=Laserfiche

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This is consistent practice for compensation of marketing companies. This framework provides the agency the freedom to recommend all advertising, whether it offers a commission or not. Those areas that are non-advertising or not compensated by the 15% arrangement such as public relations, social media, website, event planning, and art and design will be billed on an hourly basis of $95.00 per hour, including Art Direction, Broadcast Production, Website Coordination, Social Media Marketing Planning, and Public Relations Coordination.

Conclusion and Recommendation
Staff and the CVB / LBID Advisory Board recommend that the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into two separate agreements with TJA Advertising & Public Relations, Inc. for the three-year period of July 1, 2022, through June 30, 2025, for the provision of promotion and marketing services for the Conference and Visitors Bureau (Attachment 2), and for the Lodging Business Improvement District (Attachment 3), respectively. The proposed budget for Fiscal Year (FY) 2022 includes the contract amounts from the General Fund and LBID Fund available fund balance to support the first year of the contract.

FISCAL IMPACT:

The fiscal impact of approving the attached resolution is $669,000 over 3 years in the General Fund, or $223,000 per year and $3,852,355 over three years in the LBID Fund, or $1,222,000 in FY 2023, $1,283,100 in FY 2024, and $1,347,255 in FY 2025. The General Fund proposed amount remains level at $223,000 per year starting in FY 2023, whereas the LBID Fund increases by 5% in FY 2024 and FY 2025. Staff estimates that there will be sufficient funds to support both agreements, with additional proposed budget adjustments listed in the Proposed Budget Adjustments section below. Table 1 provides the details of the amounts by fund, category, and fiscal year. Details of the components of the marketing plan can be found in Exhibit B of the two agreements.

Table 1. Cost of Each Agreement by Fiscal Year

FY 2023 FY 2024 FY 2025 3-Year Total
General Fund
Hourly Rate 103,000$ 103,000$ 103,000$ 309,000$ Media 102,000 102,000 102,000 306,000 15% Commissions 18,000 18,000 18,000 54,000 Total General Fund 223,000$ 223,000$ 223,000$ 669,000$ LBID Fund
Hourly Rate 469,000$ 492,450$ 517,073$ 1,478,523$ Media 640,050 672,052 705,654 2,017,756 15% Commissions 112,950 118,598 124,528 356,076 Total LBID Fund 1,222,000$ 1,283,100$ 1,347,255$ 3,852,355$

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General Fund CVB Marketing Support
The General Fund CVB support of marketing has been $222,954 for the past 5 years. In FY 2022, this amount was decreased to $112,054. Based on Council direction on April 5, 2022 to support a Pismo Beach Stewardship and Education program, Stay Vacation campaign, and potential support of research for an employee shuttle service, staff recommends that the FY 2023 through FY 2025 agreement should be $223,000 per year, which includes the full General Fund CVB marketing support.

LBID Fund Marketing Support
The LBID support of marketing is $1,068,047 for FY 2022, which is equal to a 5% annual increase from the FY 2019 marketing contract. On April 5, 2022, Council gave staff direction to spend an additional $350,000 per year to increase the LBID annual marketing agreement starting in FY 2023. However, instead of spending the full $350,000 per year, staff recommends spending $100,000 per year on top of the 5% annual increase to ensure sufficient funds are available for the three years of the agreement. As such, the proposed FY 2023 agreement is 5% over the FY 2022 amount plus an additional $100,000 for a proposed amount of $1,222,000 in FY 2023. The FY 2024 and FY 2025 amounts include a 5% annual increase.

Proposed Budget Adjustments
Based on the above proposed amounts, staff recommends that Council make the following budget adjustments for FY 2023.

 The FY 2023 General Fund Tourism & Events Department CVB Division budget for marketing is $222,954. The proposed contract amount for the General Fund CVB Marketing support is $223,000. Staff recommends increasing the FY 2023 General Fund CVB Marketing budget by $46. Details by account are provided below:

Table 2. CVB / General Fund Budget Adjustments by Fiscal Year

 The FY 2023 LBID Fund Tourism & Events Department CVB Division budget for marketing is $968,750. (Note that the FY 2022 LBID Fund marketing budget is $1,129,502.) The proposed contract amount for the LBID Fund CVB Marketing support is $1,222,000. Staff recommends increasing the FY 2023 LBID Fund CVB Marketing budget by $253,250. Details by account are provided below:

General Fund
FY 2023
Adopted
Budget
FY 2023
Proposed
Budget
FY 2023
Budget
Adjustment
Advertising & Promotion 201,047$ 205,000$ 3,953$ Professional Services 21,907 18,000 (3,907) Total General Fund 222,954$ 223,000$ 46$

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Table 3. LBID Fund Budget Adjustments by Fiscal Year
ALTERNATIVES:

1. Do not authorize TJA Advertising contracts; provide staff with other direction.

ATTACHMENTS:

1. Resolution Awarding both Agreements

1.A. Exhibit A to Resolution: Proposal & Scope of Work for both agreements

1.B. Exhibit B to Resolution: Budgets for both agreements

2.TJA Agreement for City General Fund CVB Marketing

3.TJA Agreement for LBID Marketing

4.April 20, 2022 CVB Board Agenda Report & Supporting Materials (online attachment only)
Submitted by: Meeting Date: May 17, 2022
Gordon Jackson, Director of Tourism and Events
City Manager Approval:

LBID Fund
FY 2023
Adopted
Budget
FY 2023
Proposed
Budget
FY 2023
Budget
Adjustment
Advertising & Promotion 884,900$ 1,109,050$ 224,150$ Professional Services 83,850 112,950 29,100
Total LBID Fund 968,750$ 1,222,000$ 253,250$

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RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH TJA ADVERTISING & PUBLIC RELATIONS, INC. FOR THE THREE-YEAR PERIOD OF JULY 1, 2022, THROUGH JUNE 30, 2025, FOR THE PROVISION OF

PROMOTION AND MARKETING SERVICES FOR THE CITY OF PISMO BEACH

CONFERENCE & VISITORS BUREAU AND THE PISMO BEACH LODGING

BUSINESS IMPROVEMENT DISTRICT (LBID)

WHEREAS, the City’s current vendor agreements for Promotion and Marketing Services expire on June 30, 2022; and

WHEREAS, staff issued a Request for Proposals, including direct contact with fourteen agencies, four of whom responded by submitting proposals; and

WHEREAS, on April 7, 2022, the CVB Board Marketing Subcommittee met to review the proposals received and contact references; and on April 13, 2022, the Subcommittee had the two top agencies present their proposals; and

WHEREAS, on April 20, 2022, the Conference and Visitors Bureau Board / Lodging Business Improvement District Board received a report on the Subcommittee’s findings, and recommended that the City Council award two separate contracts for the period of July 1, 2022—June 30, 2025 to TJA Advertising & Public Relations for promotion and marketing of the Conference and Visitors Bureau (CVB) and the Pismo Beach Lodging Business Improvement District (LBID); and

WHEREAS, the General Fund and LBID Fund are projected to have sufficient operating surpluses to support the three-year agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby awards and authorizes the City Manager to execute two separate Promotion and Marketing Agreements to TJA Advertising & Public Relations, Inc. for the period of July 1, 2022—June 30, 2025:

1. An agreement for General Fund CVB services in the amount of $669,000 over three fiscal years, or $223,000 per year in Fiscal Year (FY) 2023, 2024, and 2025 (scope provided in Exhibit A and compensation provided in Exhibit B); and

2. An agreement for LBID services in the amount of $3,852,355 over three fiscal years, or $1,222,000 in FY 2023, $1,283,100 in FY 2024, and $1,347,255 in FY 2025 (scope provided in Exhibit A and compensation provided in Exhibit B).

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $3,953 in the advertising and promotions account and deappropriates $3,907 in the professional services account of the FY 2023 General Fund Tourism & Events Department CVB Division budget; and appropriates $224,150 in the advertising and promotions account and $29,100 in the professional services account of the FY 2023 LBID Fund Tourism & Events Department CVB Division budget.

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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 17th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

12.B-7Council Agenda 5-17-2022
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Prepared for City of Pismo Beach/LBID
Prepared by TJA Advertising TJAAdvertising.com
Response to RFP Tourism Marketing
City of Pismo Beach/LBID
March 25, 2022

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Dear RFP Selection Committee:

We have been very proud of our long business partnership with the City of Pismo Beach and the LBID over these many years. Our entire team looks forward to the opportunity to continue to make the destination the envy of the rest of the state and county, as it relates to growth in TOT, sales tax revenues, RevPar, social media engagements, and website visits. Our number one goal is to mll our hotels and motels, vacation rentals, and RV resorts, so the lodging industry and the City of Pismo Beach continue to prosper.

Our extensive experience in tourism marketing, combined with our intimate knowledge of the Pismo Beach experience, will enable us to assume responsibility for this account without wasting costly start up time. Our ofmces have been headquartered in downtown Pismo Beach for over a decade, many of our staff live here, work here, and play here. We not only market your various events, we also attend them. We volunteer in the community, and we are more than just a vendor; we are a part of the Pismo Beach community.

TJA recognizes it is not just about our past accomplishments, but rather the importance of looking to the future and developing a mscally benemcial and cutting edge marketing strategy going forward.

TJA recently completed the new 20222025 4trategic and Marketing Plan for Pismo Beach. Working with the CVB Board and Executive Director, PBHA and the City of Pismo Beach, we crafted a plan, which was unanimously approved by the CVB Board. This work is now completed, and we are ready to carry out our approved plan for the next years of the new contract.

We believe that our unique marketing skill set, combined with our knowledge of the City’s tourism assets, will enable us to enhance your efforts to bring more people, to enjoy more time, and spend more money in Pismo Beach. We feel that we are the right agency for this effort, at the right time, and now is the time to work together once again as partners in the continued success of Pismo Beach. 4incerely,
John Sorgenfrei
President and Owner, TJA Advertising
[email protected]

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5 History
6 A Proven Partner
8 Past Campaigns and 4uccesses
10 Marketing Campaigns and 4uccesses
12 CVB 4trategic Plan
13 CVB 4trategic Imperatives
14 Target Market and Demographics
15 Pismo Beach Creative
16 Marketing 4trategies
17 Collaborative Partnerships
18 Expanding Brand Initiatives
19 Visitor and Resident 4atisfaction
20 Advertising and Marketing Objectives
21 The Past, the Present and the Future
22 4tewardship and Educational Outreach
24 4ocial Media 4uccess
25 Marketing and Media Plan 2022202
26 Additional Budget LBID Reserves
27 Agency Compensation and Budget
28 Meet Our Team
30 The TJA Organization
31 References
Content

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Proposal submitted by
0DLQ2IÀFH
500 Cypress 4treet, 4uite 4, Pismo Beach, CA
05
5020 | 05
5022 FA9 | [email protected]
Management Team Pismo Beach
John Sorgenfrei | Account 4upervisor
Claudia Torkelson | 4ocial Media Director
Quint Stevens | Creative Director
Rick Turton | Website Online Director
Georgina Stassi | Director of Public Relations
Eileen Morris | Content Creator and Director of 4tewardship & Educational Outreach
Melissa Hageman | Finance Manager
TJA Advertising & Public Relations, Inc.
4 Corporation
4 City of Pismo Beach/LBID

12.B-11Council Agenda 5-17-2022
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General Capabilities
• Account Management
• Creative 4ervices
• 4ocial Media
• Public Relations
• Government Relations
• Budget Planning
• Media Planning/Buying
• Radio and Print Production
• Television & Web Video Production
• Web 4ite Design and Management
• Native Advertising Creation
• Digital Marketing
• 4ales/Informational Brochures
• Coop Coordination
• Video Presentations
• Market Research
• NonTraditional Media
• Branding Campaigns
• Innuencer Management
For more than 2 years, TJA has been on the leading edge of advertising and public relations in 4an Luis Obispo County. Today, we are one of the longest established fullservice advertising agencies on the Central Coast.

Our fullservice agency offers clients a complete menu of communications services provided by a staff of professionals with unparalleled skills and abilities in this market.

History
City of Pismo Beach/LBID 5

12.B-12Council Agenda 5-17-2022
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• Over a decade of proven quality service to the City of Pismo Beach and the LBID.
• Long established company with strong mnancial strength and stability. • Continued growth in TOT, RevPAR and Occupancy for Pismo Beach under our direction.
• We know your business; there is no need to spend time and money training a new agency.
• Agency principle and mrm owner is your lead account representative and will continue to be for the next full contract period. • John 4orgenfrei serves on the Visit 4LO CAL Marketing Committee, providing increased knowledge of current campaigns, tactics and coop opportunities that some other agencies would not have available.
• Our ofmce is located in downtown Pismo Beach. We are not only local, but we are in the City of Pismo Beach doing business. We are a part of the community of Pismo Beach.
• Being local, there are no travel expenses, we attend all events and meetings, and we are here for you any time, any place, in minutes of your requests.

• TJA has demonstrated its desire and ability to respond during a crisis and to be nexible to meet the City’s needs. We cut our contract by 80%, stopped all advertising, and reduced spending for months during the outbreak of COVID. However, we were there each day for Pismo Beach to execute P4As, press releases, and other communications to residents, as well as the visitor markets, about restrictions and safety. When the time was right to start marketing again, we were there, ready to bring our visitors back, with record increases in revenue for the lodging industry and the City of Pismo Beach.
• Our agency has been placing media for a long time. We have solid media partnerships with the Los Angeles Times, 4an Francisco Chronicle, 4an Jose Mercury News, Google, Facebook, Instagram, Los Angeles Magazine, Fresno Bee, and many other national media services, both in traditional and digital media. We know what rates and programs to secure, and always at the most competitive prices, with value added programs secured at no cost to the client. • Advertising has earned the trust and respect of the lodging industry (PBHA), the City of Pismo Beach, and other supporting partners, such as Visit 4LO CAL and CCTC.
• TJA produced a targeted media campaign along with new creative for diversity and continues to promote this on behalf of Pismo Beach. • We recognize the importance of the residents of Pismo Beach and how tourism can affect their quality of life. Living and working in the community, and having served on the Planning Commission of Pismo Beach for over ten years, have provided TJA with a unique perspective on this very important issue.

TJA Advertising and Public Relations - a Proven Partner 6 City of Pismo Beach/LBID

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Outdoor Creative 202 and 2022
City of Pismo Beach/LBID 7

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Pismo Beach CVB and LBID
TJA has worked with the Conference & Visitors Bureau of Pismo Beach, LBID, PBHA, and the City Council to rebrand and reposition the City of Pismo Beach to a more afnuent visitor over the years. The goal was to increase TOT from visitors spending more money and staying longer.

The media was redirected, the image and theme of all the advertising was changed, and this resulted in a much higher TOT and larger general fund growth rate. The lodging properties also enjoyed more visitors coming to Pismo Beach from Orange County, Los Angeles, 4an Francisco, and other target markets, with less dependency on Central Valley visitors. Pismo Beach continues to enjoy a higher room rate and increased city revenues each year. While there are many factors, which contribute to the City’s success, we feel our mrm has played a signimcant role in this positive outcome. We continue to have more visitors than any other city or BID in the County and beyond, and our TOT has experienced solid growth over the years. This growth and other milestones will be discussed later in this proposal.

Tourism and destination promotions have been a cornerstone of our business since our inception 42 years ago, and we have a long history in the area of tourism marketing. We have produced advertising and marketing campaigns for a wide variety of tourism-related accounts. Many of these campaigns involved media placement, creative design, social media, web site development/design, digital marketing, public relations, branding, market research, broadcast television, radio, Internet advertising, email newsletters, event development/promotion, and a wide array of collateral production. One of our long-established clients is Pismo Beach. We have been proud to serve all of your marketing needs for over a decade, and we look forward to continuing this very successful partnership for many years to come. We have only begun to achieve what we can achieve together.

Past Campaigns and Successes
8 City of Pismo Beach/LBID

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Highway 1 Discovery Route
TJA Advertising has been proudly managing the social media accounts for the Highway Discovery Route since 20. Additionally, TJA is responsible for the dayto day content creation, community management, and reporting on all social media platforms. During CBID meetings, Highway Discovery Route’s other Local Fund Areas look to TJA for guidance on their social media content. For example, TJA created a social media toolkit as a guide for the LFAs to use during the Hidden 4ecrets campaign.

Avila Beach
TJA assisted Avila Beach business and lodging owners in securing tourism mitigation funding from Unocal for losses incurred because of the Avila Beach oil spill. Unocal agreed to provide funding (00,000), but it would not release these funds until a marketing and branding plan was developed and approved by them. TJA developed the marketing plan, which included the use of market research and data retrieval, to demonstrate the best use of future media and public relations efforts.

TJA produced outdoor advertising, designed the website visitavilabeach. com, wrote and produced a short video for tourism outreach, and worked with the lodging and business community to develop the mrst ever Avila Fish and Farmers’ Market event, which brought thousands of new people into Avila Beach. TJA worked with the business and lodging community of Avila Beach, making the small beachside community a valued tourist destination once again. Today, TJA continues to work with Avila Beach on growing its tourism, including participating in many coop and shared events with Pismo Beach.

City of Pismo Beach/LBID 9

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Marketing Campaigns and Successes
Present and Past Marketing Experience
TJA Advertising has a great deal of experience working with many DMOs, lodging properties, events, and other related tourism accounts.

Our depth of experience in tourism goes back over 20 years. • City of Morro Bay (Agency of Record for over 20 years) • Moonstone Hotel Chain (Branding campaign for all 0 properties) • Sycamore Mineral Springs (Agency for over 0 years) • Dolphin Bay Resort (Marketing the opening of hotel) • City of Solvang (Agency of Record for over 5 years) • San Luis Obispo County Airport (Logo design and served on the Marketing Committee)
• Merced Airport (Marketing grant for small airport development) • Santa Maria Airport (Agency for over 8 years, promoted new Allegiant Air 4ervice. Public Relations, advertising, logo design and collateral)
• San Luis Obispo County Tourism (Developed co op campaigns prior to the formation of BID)
10 City of Pismo Beach/LBID

12.B-17Council Agenda 5-17-2022
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Present and Past Tourism Event Marketing
Experience
TJA Advertising has handled all of the marketing of these events, which involved public relations, advertising, logistics, video production, website insertions, collateral and more.

• Wine, Waves & Beyond
• Chardonnay Symposium
• Taste of Pismo
• Jazz Jubilee
• :6$6XUÀQJ&KDPSLRQVKLSV
• 3LVPR%HDFK,6$:RUOG3DUD6XUÀQJ&KDPSLRQVKLSV
• Pismo Beach Clam Festival
• Pumpkins in the Park
• Wine Walks
• Classic California Christmas
• &KDSPDQ+RXVH6ZLQJLQ·E\WKH6HD
• Pismo Classic Car Show
• Holiday Harmony & Tree Lighting Ceremony
• 4th of July Fireworks Celebration
• 3DFLÀF%UHH]H&RQFHUWV
City of Pismo Beach/LBID 11

12.B-18Council Agenda 5-17-2022
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Pismo Beach CVB Strategic Plan
Brand
Pismo Beach is a Classic California
beach town, where visitors emotionally
attach themselves to its laid back,
coastal lifestyle. With a rich wine
region just 0 miles away, and outdoor
adventure opportunities that are
unsurpassed, visitors experience
destination loyalty that inspires them to
return regularly. We create meaningful
experiences with our visitors so they
return and share their positive travel
stays with family and friends.

Strategic Imperatives
Grow tourism in a targeted and
responsible way; work with tourism
partners; expand brand initiatives; and
ensure repeat customers through
visitor satisfaction.

Mission Statement
The Pismo Beach CVB builds overnight
visitor revenues, as well as destination
awareness, by consistently promoting
an identimable, effective, and ongoing,
targeted promotional message. The
CVB serves as the voice of Pismo
Beach tourism.

Vision
The Pismo Beach CVB manages, with
integrity, the brand for the destination of
Pismo Beach through its relationships
with strategic partners, and delivering
smart tourism growth by utilizing
leading edge promotional tactics.

Role
The Pismo Beach CVB provides the
City of Pismo Beach and the lodging
industry comprehensive tourism brand
management and awareness through
collaborative partnerships and a
targeted marketing and promotional
budget. The Board also serves as an
advisory group to the Pismo Beach
City Council as it relates to tourism
and collaborates with the Pismo Beach
Hospitality Associates on marketing
initiatives.

CVB
Strategic Plan
1 24
3 5
CVB
Strategic Plan
1 24
3 5
12 City of Pismo Beach/LBID

12.B-19Council Agenda 5-17-2022
Attachment 1.A
Packet Page 147

Pismo Beach CVB Strategic Imperatives
Strategic
Imperatives
Collaborative Partnerships
Collaborative partnerships and strategic
alliances increase the awareness of
tourism available in the City of Pismo
Beach by working collaboratively with
Visit 4LO CAL, Visit California, CCTC,
PBHA, the Chamber of Commerce,
4LOCoast Wine Collective, Edna Valley
Wineries and the Land Conservancy of
4LO County.

Smart Tourism Growth
Conduct focused Behavioral and
Demographic targeting to ensure growth
is not limited to occupancy, but also
drives RevPar and TOT growth. This
will create a lower impact on the local
community, enjoying the beaches and
other City of Pismo Beach resources.

Develop a 4ustainable Tourism Plan
that will have specimc goals and
objectives on how to limit the impact on
the residents of Pismo Beach from the
visitor population coming into the City.

Excellent overall satisfaction of visitors,
who are excited to return and share
experiences with their friends, is the
measurement that proves we have
accomplished our goals of standing
behind our brand, Classic California.

Various research projects will be
done to help to guide us on providing
better satisfaction from both the visitor
population as well as residents of Pismo
Beach.

Visitors and Residents
Expand brand initiative and awareness,
and increase tourism competitiveness,
by communicating to visitors who we
are through our branding. The Classic
California brand works to ensure that
customers connect with Pismo Beach’s
unique lifestyle and everything else the
City has to offer. Continue to promote
Wine & Waves branding and Outdoor
Coastal Adventure with the addition of
the Pismo Preserve.

Brand Awareness
1 2
4 3
City of Pismo Beach/LBID 13

12.B-20Council Agenda 5-17-2022
Attachment 1.A
Packet Page 148

To support travel to Pismo Beach in the offseason (nonsummer), when the lodging properties need it most, the following target demographics are listed in the order of importance and emphasis.

Target Market and Demogaphics

Empty Nesters
Able to travel mid-week and during the off-season.

Upscale visitors who spend more and stay longer.

Multigenerational Travelers
Share experiences and build memories with
their kids and grandkids. Tend to plan trips
around milestone events.

NextGen Travelers
Younger singles and couples, feel good travelers,
seeking stewardship and eco-friendly travel using
most recent technologies to navigate trips.

Day Trip Visitors
Enjoy the beach, water activities, wine and
dining, nature and relaxing, and shopping.

Focus efforts on the 4 to 6 hour drive market to Pismo Beach, including:
3 4
5 1 2
• Market to Southern and Northern California.
• New marketing to Sacramento and San Diego.
• 0DUNHWWR%DNHUVÀHOGDQG)UHVQRWRHQFRXUDJH
overnight stays and avoid day-tripping, using
lodging specials in the off season.
• Work with Visit SLO CAL on co-op opportunities in
WKHÁ\PDUNHWVRI6DQ'LHJR6HDWWOHDQG3RUWODQG
• Develop a “Stay Vacation” campaign within
Northern Santa Barbara County (Santa Maria) and
San Luis Obispo County to encourage overnight
stays versus day-tripping in the off season.
14 City of Pismo Beach/LBID

12.B-21Council Agenda 5-17-2022
Attachment 1.A
Packet Page 149

Pismo Beach Creative
Billboard
Utilizing the recent research studies done by the CVB and Visit 4LO CAL, we will target our efforts on a drive market, with emphasis on both Northern and 4outhern California, and add 4acramento and 4an Diego. The target audiences, demographics and goals and objectives have been covered in the RFP for more detail. Creative will feature relaxation, fun, family, the chance for introspection, and a destination that offers value and less stress.

City of Pismo Beach/LBID 15

12.B-22Council Agenda 5-17-2022
Attachment 1.A
Packet Page 150

Marketing Strategies
Pismo Beach is truly Classic California, famous for its historic pier, miles of beautiful white sand beaches, and a rich wine region only minutes DZD\,W·VZKHUHVDQGVXQVHDDQGVN\FRQYHUJHWRFUHDWHWKHLGHDOJHWDZD\&DOLIRUQLD·VJROGHQSDVWLVDOLYHDQGZHOOLQ3LVPR%HDFK 3LVPR%HDFK·V%UDQGLQJ3RVLWLRQ6WDWHPHQW
Objectives

1.Increase shoulder season growth and midweek travel to lower the impact of visitors on the resident population and aid the lodging properties when occupancy slows.

2.Continue to market to the areas of 4outhern California and Bay Area and target a higher demographic spender, keeping occupancy level while providing more revenue.

3.Continue to not promote Daytripping in any market to avoid overcrowding in the town and lessen the impact on our local residents.

4.Explore new markets of 4acramento and 4an Diego to increase overnight stays and limit daytrippers.

5.Expand our marketing and targeting to the outdoor enthusiast by the offering of the Pismo Preserve and other coastal attractions.

6.Continue to market to the wine enthusiast with our Wine & Waves branding and the ongoing cooperative work with the 4LO Wine Collective.

Strategies

1.Targeting and research to increase effectiveness at reaching various markets with a trackable call to action.

2.Attend industry tradeshows to secure group and FIT business that maximizes revenues for lodging properties.

3.Promote and maximize the potential of local events that encourage visitors to stay longer via a variety of activities.

4.All banners, marketing materials, brochures, and social media posts/videos will have a call to action to utilize ExperiencePismoBeach.com.

5.Develop and explore coop and marketing opportunities to exploit the new air service to 4an Luis Obispo.

6.Develop targeted marketing tactics to support the new Pismo Preserve and other coastal adventure activities.

Measurements

1.Increase RevPAR and TOT Growth by % each year 20222025.

2.Calculate how many group tours came through Pismo Beach.

3.Obtain surveys from event organizers showing out of area attendee data.

4.20% increase in visitors to ExperiencePismoBeach.com through the call to action.

5.Track visitors to ExperiencePismoBeach.com and lodging pages.

6.Grow 4ocial Media by 0% each year 20222025 across all platforms.

7.Track Trip Advisor visits.
on.
erties.
activities.
ilize
o.
vities.
16 City of Pismo Beach/LBID

12.B-23Council Agenda 5-17-2022
Attachment 1.A
Packet Page 151

Collaborative Partnerships and Strategic Alliances
Objectives

1. Foster relationships with strategic partners and the lodging community.

2. Increase communication with local businesses and the hospitality industry on efforts and upcoming events.

3. Enhance hospitality industry experience: national tourism week, restaurant month, and cooperative marketing.

4. Work closely with Visit 4LO CAL to explore future coop opportunities and to avoid duplication of efforts wherever possible.

Strategies

1. Attend 4ummits and Board Meetings of state and county tourism organizations.

2. Participate in memberships and activities that are mutually benemcial to maximize opportunities for Pismo Beach.

3. Distribute a monthly newsletter that is benemcial and informative for all partners.

4. Work to package, partner, or coop with Brand U4A, Visit California, CCTC, Visit 4LO CAL, LBID, Chamber of Commerce, and 4LO Coast Wine Collective.

5. To identify quality Innuencers and have them support the 4ocial Media tactics, with followers as well as gaining photography and video to add to the creative library for Pismo Beach

6. 4upport 4ocial Media, advertising and PR with partnership with regional magazines, such as LA Magazine, Orange Coast, 805 Living, and other targeted publications and digital platforms.

Measurements

1. Track meeting attendance.

2. Evaluate participation in CVB events and newsletter call to action.

3. Create a semiannual survey to send to partners to evaluate relationship and participation to make sure we are maximizing our efforts.

4. Coop advertising placed with a trackable call to action.

5. Measure FAM Trip stories.

6. Track future lodging stays from FAM trips.

7. Look at both visitor satisfaction as well as resident satisfaction and determine how programs are received to improve satisfaction to both groups.

City of Pismo Beach/LBID 17

12.B-24Council Agenda 5-17-2022
Attachment 1.A
Packet Page 152

Expanding Brand Initiatives and Awareness
Objectives

1.Attract visitors to Pismo Beach by utilizing Pismo Beach brands of Classic California, Wine & Waves, Experience Pismo Beach, and Outdoor Adventure. Utilize Research and Development to support these current brands and ensure that these continue to be important and signimcant as our target markets evolve and change.

2.Continue to target midweek travelers and empty nesters to increase revenue during the off season.

3.Continue to seek out coop opportunities for additional research and development with Visit 4LO CAL and Visit California to perform research and studies on target markets, visitor analysis, and other visitor surveys to help guide all marketing programs.

Strategies

1.Develop more video content to support our branding and marketing.

2.Develop more native content to support our brands.

3.4ponsor events and activities that align with and further develop our brands.

Measurements

1.Continue to report impressions and referrals to the Lodging page after each advertising campaign on ExperiencePismoBeach.com.

2.Monitor TOT, RevPAR, and occupancy, as well as followers on Instagram and fans on Facebook.

3.Measure success of advertised events by attendance and ticket sales.

4.Continue to measure newsletters open rate and subscriber growth.

5.Continue to report website stats and growth for ExperiencePismoBeach.com. g campaign on
y, as well as followers on Instagram and fans on Facebook. s by attendance and ticket sales.
n rate and subscriber growth.
rowth for ExperiencePismoBeach.com.
18 City of Pismo Beach/LBID

12.B-25Council Agenda 5-17-2022
Attachment 1.A
Packet Page 153

Visitor and Resident SatisfactionVisitor and Resident Satisfaction Objectives

1. Provide a unique and memorable experience to visitors that will create destination loyalty and inspire them to return again.

2. Increase brand awareness and social engagements, such as likes, comments, shares, and pins, throughout social media platforms.

3. Develop and execute new resident awareness campaign showing the value of tourism and its delivery of needed revenue to pay for city services that the residents enjoy.

4. Create a PSA campaign with Sam and Pam the clams to educate and inform visitors how to be a better guest while in Pismo Beach.

5. Create a new campaign to promote exclusive offers of discounts in lodging, dining, and other retail businesses in Pismo Beach for residents to enjoy.

6. Continue to work with Visit SLO CAL and SLO Wine Collective on co-op programs for advertising, research, and event participation.

City of Pismo Beach/LBID 19

12.B-26Council Agenda 5-17-2022
Attachment 1.A
Packet Page 154

Advertising and Marketing Objectives
Short and Long Term
Smart Tourism Growth
• Create a P4A campaign with 4am and Pam the Clams to educate and inform visitors how to be a better guest while in Pismo Beach. • Create and increase multiple overnight stays in all lodging properties in Pismo Beach, with major emphasis on midweek travel in the shoulder seasons of fall, winter, and spring. • Increase website trafmc and referrals to the lodging pages. • Collect more data and research about the City’s market position. • Develop a subbranding for the outdoor enthusiasts with new marketing targeted to this group in California. • Increase group, business, and corporate retreat business. • Motivate visitors to stay longer with a variety of multiday events and activities. • Develop more geotargeted campaigns to beach and wine travelers within our markets. • Advertising designed to get more revenue (RevPAR) with fewer visitors overall, quality versus quantity, to build resident buyin. • Develop a Designation Management 4tudy to help guide the City in ways to manage the guests, while making sure to provide the residents of Pismo Beach with a comfortable quality of life that balances the need for tourism with a positive lifestyle in Pismo Beach.

Collaborative Partnerships
• Create marketing and communication tools for the various lodging properties to copromote events and activities. • Create a new marketing portal to house current marketing and media plans, press releases, photography, videos, campaigns, and results.

This portal will be password protected and will grant access to all lodging properties in Pismo Beach, as well as the City Council, City 4taff, CVB Board, and PBHA members.
• Develop and maintain strategic alliances primarily with Visit 4LO CAL,Visit California, and the Central Coast Tourism Council. • Continue the partnership with 4an Luis Obispo County wine region to further the branding of Wine & Waves. • Produce cooperative marketing opportunities with related entities. • Provide fulmllment collateral for advertising responses and press inquiries. 20 City of Pismo Beach/LBID

12.B-27Council Agenda 5-17-2022
Attachment 1.A
Packet Page 155

TJA has a successful partnership with the City of Pismo Beach, one lasting over a decade. We are proud that we have continued to grow our tourism results and ROI each year for Pismo Beach. TJA recognizes the importance of approaching each year of our contract with new ideas and strategies, based on the most cuttingedge media, creative, and marketing. Always looking forward, TJA offers Pismo Beach the account service and attention it deserves.

While several members of our team have been with the agency servicing Pismo Beach for many years, we have also brought in new team members, who bring fresh ideas and solutions. This is also true of our partnerships with key vendors.

Our recent partnership with 4impleview, who offers their website and digital expertise to over 00 DMOs, provides us with new monthly insights on 4EO, Content Management, Google AdWords, and more.

Our new collaborations with Glocally, a social content creation company, assists us with engaging top social media innuencers from both the county and targeted drive market areas to visit and feature Pismo Beach on popular social media channels. By partnering with Glocally, we eliminate the other media middlemen, saving valuable ad dollars.

Glocally also partners with TJA on video production for YouTube, video streaming channels, and various social media platforms and uses.

We continue to generate new work with machine learning platforms such as AdTheorent. We use their machine learning to collect, organize, and analyze data to deliver realworld value and response. AdTheorent’s capabilities extend across the digital ecosystem to reach consumers where and when they are most receptive.

TJA Public Relations efforts have netted us many feature stories in major media outlets, including Los Angeles Times, 4F Gate, 805 Living, 4an Jose Mercury News, Travel & Leisure, Coastal Living Magazine, Los Angeles Magazine, Orange Coast Magazine, and many others, in print, digital and social media outlets and websites. We continue to pursue various new media sources to cover Pismo Beach. Additionally, we support Visit 4LO CAL on coop opportunities in public relations, working directly with their mrm Turner. We engage and partner with the Highway Discovery Route’s public relations team on cross public relations opportunities.

Recently, TJA coordinated several market research studies on behalf of the Pismo Beach CVB and Visit 4LO CAL with 4MARI, a fullservice market research company. The results of these studies provided new direction on target demographics and new market opportunities. These mndings will be incorporated into our marketing plan as well as our creative and media execution going forward in 2022 and beyond.

New for 2022 and beyond, we will launch a new Pismo Beach Podcast, currently under development. 4ome of these podcasts will showcase upcoming events, interview Pismo Beach chefs and other interesting members of the community, explore Pismo Beach history, as well as delve into Wine & Waves related information, featuring local vintners from the nearby Edna Valley, and more.

With our mnger on the pulse of the most recent trend for more meaningful travel, TJA is developing, promoting, and enhancing 4tewardship Tourism by creating the Pismo Beach 4tewardship & Educational Outreach Program. To develop this program, we have added Eileen Morris to our team as our Director.

The Past, Present and Importance of the Future
TOT Generators
Website
Referrals
and Phone #
Click thru to
Website
50,871
Reservations
made
2,544
Average
length of stay
2 nights
Room nights
booked
2 nights
Average
room rate
$210/night
Bookings
generated
$1,068,291
Use phone #Phone # generates 2 times $
made through website bookings
Total bookings generated
$3,204,873
Total TOT generated
$352,536
Bookings generated
$2,136,882
TOT generated $236,024
City of Pismo Beach/LBID 21

12.B-28Council Agenda 5-17-2022
Attachment 1.A
Packet Page 156

Goldie Dog Blog: Create “Pismo Pooch Ambassador” program and incorporate it into our Educational Outreach, addressing how to be sensitive to the environment while enjoying outings with your canine companions.

Pismo Preserve: Working with the 4LO Land Conservancy,
participants will learn about Pismo Beach’s rich California history, including the native people, plants, and animals, a California 4tate 4tandard.

Pismo Beach Stewardship and Educational Outreach
We are developing, promoting, and enhancing our 4tewardship Tourism by creating the Pismo Beach Stewardship & Educational Outreach Program. To develop this program, we have added to our team Eileen Morris, our Director of 4tewardship & Educational Outreach. Eileen enjoyed over 2 years of educating children in the Los Angeles Unimed 4chool District and implementing her school’s 4TEAM program. 4he has extensive business training, and holds a Master’s Degree in Educational Administration. Her absolute love, curiosity, and respect for the Central Coast and its history guides her creative ideas to educate, inspire, and excite community members, visitors, educators, and students about this area.

This program creates opportunities to practice 4tewardship in Pismo Beach, and it involves both Athem on how their personal impact and involvement can sustain and improve our area for generations to come. This program will be available to all and can be accessed in person or virtually through the Pismo Beach CVB’s website and social media channels (e.g., Podcasts, Tik Toks, Pinterest, Instagram, downloadable activities, etc.), which will communicate information generated by this program on regularly planned activities, events, volunteer opportunities, and news. 0RQDUFK%XWWHUÁ\*URYH
In conjunction with the Monarch Butterny
program by the California 4tate Parks, we will continue to promote environmental awareness, ecology, and life science education.

Pismo State Beach Cleanup: Organize and publicize quarterly beach cleanup days to teach environmental awareness to spread the “leave it better than you found it” philosophy. Incentives can include fulmlling student volunteer requirement hours; scouting badges; and environmentally conscientious “Pismo Beach” swag bags. Meet ups begin at CVB Visitor Center Airstream on Pismo Beach Pier.

Stewardship & Educational Opportunities will include:
22 City of Pismo Beach/LBID

12.B-29Council Agenda 5-17-2022
Attachment 1.A
Packet Page 157

Pismo Beach Dunes: Tell the history and importance of this beautiful sensitive ecosystem and the importance of preserving it for generations to come.

Educational activities and information: Provide quarterly outreach and engaging lessons to local school districts, as well as drive market school districts, educators, and parents. Develop engaging downloadable stewardship projects and educational materials.

Earth Day (April 22): Promote Earth Day through 4ocial Media driving interested readers to the 4tewardship & Educational Outreach Blog posts. Invite visitors to celebrate Earth Day in Pismo Beach.

Pismo Clam Watch: Leading up to and surrounding the Pismo Beach Clam Festival, focus on the Pismo Clam research and repopulation efforts with Cal Poly Center for Coastal Marine 4ciences and children’s activities at the upcoming festival.

Tree Planting (Arbor Day is the last Friday in April): Coop with 4LO Land Conservancy for activities including pulling invasive weeds or planting native shrubs and trees at Pismo Preserve.

Migrating Bird Appreciation Season (Spring/Fall): Teach about the variety of migratory birds living on our coast and the surrounding area and how important it is to conserve, protect, and respect their nesting grounds from dogs and humans.

Chumash and Tongva Education and Appreciation: During National Native American Heritage Month (November), provide resources to both residents and visitors about the rich ancestry and traditions of the mrst inhabitants of the Pismo Beach area.

Whale Watching Season (December-May): Teach about the variety of whales migrating off our coast and the surrounding area and how important it is to conserve, protect, and respect their passage.

City of Pismo Beach/LBID 23

12.B-30Council Agenda 5-17-2022
Attachment 1.A
Packet Page 158

Instagram Followers
Year Fans +/- Engagements +/- Impressions +/-
2018/2019 36,076 +34.16% 392,572 +43% 5,240,323 +53.2%
2019/2020 48,196 +33.73% 327,481 -16.5% 8,469,345 +61.3% 2020/Current 60,415 +13.30% 107,629 +10.7% 4,407,886 +76.9% *Compared with this date range in 2020
Pismo Beach Social Media Success
Twitter
Year Fans Engagements
2018/2019 36,076 392,572
12019/2020 48,196 327,481
2020/Current 54,580 206,394
ExperiencePismoBeach.com website
Year Average Daily Visitor Sessions Lodging Referrals
2018/2019 1,545/day 37,317
2019/2020 1,426/day 48,980
2020/Current 2,229/day 78,879
Pismo Beach
Morro Bay
VisitSLO
Visit SLO CAL
Paso Robles
Hwy 1
Monterey
Santa Barbara
202k
241k
21k

5.5k
32K
104K
71K
21K
Facebook Fans
Pismo Beach
Morro Bay
VisitSLO
Visit SLO CAL
Paso Robles
Hwy 1
Monterey
Santa Barbara
65k

41.4k

41.6k

53.5K

35.5K

47.4K

21.7K
Instagram Followers
129k
Facebook Fans
Year Fans Impressions Impressions +/- Impressions +/-
20-21 197,495 +3.67% 760,428 +33.9% 18,449,544 -13.2%
2019/2020 199,668 +1.12% 744,327 -2% 22,476,649 +21.9%
2020/Current 202,893 +1.63% 899,530 +38.5% 33,328,58 +72% Pismo Beach metrics outpace all other DMO stats in the County. Pismo Beach has increased in the past, and will continue to increase in the future, the number of fans, followers, impressions, and interactions across all social media platforms. 24 City of Pismo Beach/LBID

12.B-31Council Agenda 5-17-2022
Attachment 1.A
Packet Page 159

2022-2023 Budget Pismo Beach LBID
Product Price
Advertising and Media $482,258
<RX7XEH)DFHERRN,QVWDJUDP$GYHUWLVLQJ $60,000
Branding Graphic Design $25,000
Public Relations $70,000
Contingency Advertising $35,000
Cooperative Media $32,000
Event Marketing and Promotion $58,000
Social Media $80,000
,QÁXHQFHU&RQWHQW'HYHORSPHQW $20,000
Website Design Maintenance $84,000
Video Production for Social Media & Website $50,000
Grand total $996,258
2022-2023 Budget Pismo Beach CVB
Product Price
Branding Graphic Design $15,000
Public Relations $18,000
Event Marketing and Promotion $18,000
/RV$QJHOHV0DJD]LQH)RRGDQG:LQH6KRZ $18,000
Social Media $23,000
Website Design Maintenance $20,000
Grand total $112,000
Marketing and Media Plan 2022 to 2023
The new marketing and media plan for 2022202 incorporates past successful media partners, such as 4FGATE, Los Angeles Times, Bay Area News Group, and Trip Advisor, with emphasis on targeted digital campaigns, behavioral targeting and retargeting, native content, social media, and video placement. Also, we explore new media for next year with 4ojern, Vox, and Undertone, with the possibility of coop with Visit 4LO CAL or our own dedicated effort. We will expand our efforts with Glocally for innuencer campaigns to build social media engagements and new creative content both for video and stills. The target audienc es and demographics are covered in the RFP, as well target markets, which consist primarily of Northern and 4outhern California, with new effort in 4acramento. Co op advertising h Visit 4LO CAL to cover the ny markets help to expand our reach to these new markets as well.

Future of Digital Marketing
We will continue to produce and implement shortform vertical video production and posting. Videos are being favored in the algorithms across all platforms, and the content can be used on Facebook, Instagram, YouTube, TikTok, Reels, etc.

12.B-32Council Agenda 5-17-2022
Attachment 1.A
Packet Page 160

Additional Budget LBID Reserves Media and Market
Suggested Allocation 2022-2023
Advertising and Media
On March , 2022, at the most recent CVB Advisory Board meeting, a request was made for TJA to suggest new budget and media allocations using some of the successful buildup in the LBID reserves for marketing. Listed below are the recommendations TJA is suggesting after reviewing the comments made both at the recent CVB meeting and at the PBHA meeting. These recommendations are also based on the mndings from the most recent research studies conducted by 4MARI Research. The studies involved the best new markets to pursue, as well as the markets to consider which encourage overnight stays and reduce Daytrippers.

1. Increase spending in the drive markets of Northern California and 4outhern California. Continue to develop new digital and native advertising campaigns with proven top media outlets utilizing targeted email, social media, and retargeting. 4ome of those media partners are Los Angeles Times, Tripadvisor 4FGATE, Bay Area News Group, Ventura 4tar, Google, Facebook, and Instagram targeted ads. Continue to work with advanced machine learning platforms, such as AdTheorent, in addition to co op programs from Visit 4LO CAL and Visit California included in these markets.

Budget $150,000 ($75,000 in Northern California and $75,000 in Southern California)

2. Target new markets that offer the highest likelihood of visiting Pismo Beach in the near future and booking overnight stays, with emphasis on midweek and offseason travel. These markets are 4acramento, Portland, and 4eattle. The same media strategy will be carried out for these markets, with the addition of regional print and digital publications. The possibility of inmarket opportunities will be explored regarding events and travel shows, as well.

Budget $150,000 ($50,000 in each of the three markets)

3. Explore the possibility of adding new events to encourage longer term stays, such as for the recent 202 Pismo Beach I4A World Para 4ur mng Championships event. Possibilities for new events could include NCAA Volleyball Tournaments, which are presently held in Alabama. Other ideas are a National 4andcastle Building Contest, bringing in participants from across the country to compete for a 0,000 prize. 4ome areas currently doing something similar are 4an Diego, Galveston, and Treasure Island, Florida. Another example is expanding upon the existing Pismo Beach Jazz Jubilee by the 4ea into a festival with higher caliber artists and local wine and food.

Budget $50,000 (to be utilized for research and to promote a future event)
TOTAL ADDITIONAL SPENDING $350,000
NEVADA
OREGON

WASHINGTON
C
A
L
I
F
O
R
N
I
A
San Francisco
Southern California

PISMO BEACH
Portland
Seattle
Sacramento
26 City of Pismo Beach/LBID

12.B-33Council Agenda 5-17-2022
Attachment 1.A
Packet Page 161

Agency Compensation and Budget
It has always been our goal to ensure most of our clients’ budgets are spent on media and advertising, rather than on compensation for agency time, such as phone calls, meetings, and in general every time we interact with you. Our agency always makes an effort to offer all outside purchases, such as printings and mailings, with the standard agency markup of only 5%. Each time the City of Pismo Beach receives a statement from our agency, all vendor invoices will be included for your review.

In our approach to the City of Pismo and LBID advertising account, our goal will be to spend the vast majority of the allocated dollars on public relations, media, events, and promotions for the marketing of the City and its many assets. TJA will take the standard 5% agency commission on all media. If the media is not commissionable, the agency will mark it up by only 5%.

This framework provides the agency the freedom to recommend all media, whether it offers a commission or not. Those areas that are non media or not compensated by the 5% arrangement, such as public relations, social media, website, and art and design, will be billed on an hourly basis of 5.00 per hour.

TJA, in appreciation for our long tenure with Pismo Beach, will hold our present rate, which has stayed at 5.00 per hour for the last mve years.

TJA is very nexible and will work with the CVB Board and Director to mnd the most costeffective form of payment preferable. If a retainer for some services is requested by the City, TJA will work to establish that form of compensation in the future.

Finally, accountability is about mscal responsibility. We promise cost ef mciency. Our pledge to all our clients is to minimize agency fees in order to maximize media dollars. Therefore, Pismo Beach tourism can benemt from more of the budget going to media and less going to agency overhead.

TJA will provide the City of Pismo Beach with stronger creative, more media knowhow, enhanced advertising clout, and more strategic alliances, which will culminate in a greater impact per ad dollar spent.

Agency hourly fee rates
Media Planning & Placement includes Research, Coordination, 0HGLD9HULÀFDWLRQ(covered by 5% Media Commissions)
Accounting and Billing (covered by 5% Media Commissions) $95 per hour Account Service
$95 per hour Art Direction
$95 per hour Broadcast Production
$95 per hour Website Coordination
$95 per hour Social Media Marketing Planning
$95 per hour Public Relations Coordination
*Extensive campaigns for public relations, digital and social media will be quoted and approved in advance. Hourly charges are not to exceed approved budget amounts for each category without Executive Director approval.
ur
ars.
for
at
n
t.

City of Pismo Beach/LBID 27

12.B-34Council Agenda 5-17-2022
Attachment 1.A
Packet Page 162

Meet Our Team
John Sorgenfrei is President and Owner of TJA
Advertising. John, a graduate of the University of
4outhern California in advertising. He has worked
with major agencies throughout California and
supervised art, trafmc, production, and account
service teams, as well as successfully managed
clients’ advertising and public relations. Among
John’s clients are Pismo Beach Conference and
Visitors Bureau, Avila Beach Tourism Alliance,
Oceano and Nipomo Tourism Board, High One
Discovery Route (social media), The Central
Coast Commission for 4enior Citizens, and
Michael’s Optical of 4an Luis Obispo. 4ome of
his former clients include Morro Bay Tourism,
Highway Discovery Route, Avila Beach 4ea
Life Center, Dolphin Bay Resort and 4pa, Ford
Motor Company, Johnson & Johnson, JBL 4ound,
A4IC4 sportswear, and the U.4. Navy. John lived
in Pismo Beach for over two decades and enjoys
being a member of the Pismo Beach Community.

He is also a longtime member of the Avila Beach
Yacht Club. John enjoys his participation in many
philanthropic events, such as the Pismo Beach
I4A World Para 4urmng World Championships
sponsored by Amp4urf, and Wine Wave & Beyond.

He served on the Board of the Avila Beach 4ea
Life Center. Additionally, John served on the
Planning Commission for the City of Pismo Beach
for many years. His knowledge of and passion for
Pismo Beach and the California Central Coast are
unrivaled.

Claudia Torkelson is the 4ocial Media Director
for TJA. After graduating from Cal Poly 4LO with
a major in English and a minor in Integrated
Marketing Communications, she applied her
knowledge and experience from working at the
Cal Poly Corporation to fastpaced agency work
postgrad. Eventually, she found her niche in
working with tourism bureaus up in the Napa Valley.

Claudia runs the social media accounts for various
local clients and enjoys being a team player. By
analyzing the everchanging landscape of digital
marketing insights and trends, she continues to
create inspiring content.

Georgina Stassi is Public Relations Director for
TJA Advertising & Public Relations since 200.
4he strives to bring greater awareness and
appreciation of the Central Coast of California to
travelers of all kinds on the beauty, culture, and
experiences here. Georgina is Former Contributing
Editor of the Avila Community News, and she has
written for publications, including 4anta Barbara
Home Food Magazine, 4anta Barbara 4easons,
Wine Country Today, and Tasting Panel Magazine.
4he studied Cultural Anthropology and 4panish
at the University of California Los Angeles and
holds a W4ET Level II Certimcation (Wine & 4pirit
Education Trust), which she completed in Avignon,
France. “Nothing brings me greater pleasure than
sharing a beautiful day on the Central Coast with
my friends and family”.
28 City of Pismo Beach/LBID

12.B-35Council Agenda 5-17-2022
Attachment 1.A
Packet Page 163

Rick Turton has been designing, building,
and maintaining websites for over 25 years, the
vast majority of which in the travel and tourism
sector. He has created websites for hotels and
motels, many for Best Western Hotels, as well as
tourism associations, and conference and visitors
bureaus. Rick is an expert in website development,
search engine optimization, and web strategy.

He continually redesigns and maintains existing
websites to increase sales, drive leads, and beat
the competition.

Melissa Hageman is the Finance Manager at
TJA, where she works hand in hand with John in
facilitating a smooth billing process for their clients as well as manages the administrative accounting
practices for the company. Being a graduate of Cal
Poly 4LO and with over years of mnance and
accounting experience, Melissa truly enjoys being
focused on a company’s growth, sustainability, and
mnancial health. “I have always loved being a part
of the driving force behind a company’s success,
especially if it impacts our local communities
directly. It is such a privilege to be a part of the
TJA team, representing some of the very best our
Central Coast has to offer!”
Eileen Morris, our newest team member, is
our Content Creator and Consultant, as well as
Director of 4tewardship & Educational Outreach.
4he worked for many years as a legal assistant
in Downtown Los Angeles and Orange County,
California, and enjoyed years of educating children
in the Los Angeles Unimed 4chool District. Eileen
has extensive business training and holds a
Master’s Degree in Educational Administration.

Her absolute love, curiosity, and respect for the
Central Coast and its history guides her creative
ideas to educate, inspire, and excite community
members, visitors, educators, and students about
this area, which is like no other on Earth.

Quint Stevens is a forwardthinking award
winning creative with extensive experience in
strategy and fullservice design with a career
that led him to some of the largest agencies in
the U4 and Europe, including 4aatchi & 4aatchi
International, B44P, Patagonia and others.

Demonstrated ability to achieve client goals
across multiple disciplines, including campaign
strategy, branding, graphic design, account
management and new business development.

Dynamic team leader with a positive and
collaborative style.

City of Pismo Beach/LBID 29

12.B-36Council Agenda 5-17-2022
Attachment 1.A
Packet Page 164

The TJA Organization
The talented members of our team not only bring extensive experience across a wide range of marketing and design disciplines, but we are committed to providing comprehensive, efmcient, and seamlessly coordinated communication and support for our clients.

John Sorgenfrei
Account 4upervisor
Claudia Torkelson
4ocial Media Director
Quint Stevens
Creative Director
Rick Turton
Website Director
Melissa Hageman
Finance Manager
Eileen Morris
Content Creator and
Director of 4tewardship and
Educational Outreach
Georgina Stassi
Director of Public Relations
30 City of Pismo Beach/LBID

12.B-37Council Agenda 5-17-2022
Attachment 1.A
Packet Page 165

References
Athena Knight
(831) 239-5726
[email protected]
Claire Armbruster
(818) 859-6439
[email protected]
Todd Skelton
(408) 757-5160
[email protected]
Client References
Media References
Avila Beach Tourism Alliance
Dean Hutton
Chairman, Avila Tourism Board
(805) 595-7302
[email protected]
Area Agency On Aging
Joyce Lippman
Executive Director
(805) 925-9554
[email protected]
CBID Highway One Discovery Route
Cheryl Cuming
Executive Director
(805) 471-0182
[email protected]
City of Pismo Beach/LBID 31

12.B-38Council Agenda 5-17-2022
Attachment 1.A
Packet Page 166

500 Cypress 4treet, 4uite 4, Pismo Beach, CA
(805) 5020 | (805) 5022 FA9 | [email protected]

12.B-39Council Agenda 5-17-2022
Attachment 1.A
Packet Page 167

CVB Budget FY 2023-2025 Exhibit B
Product 2023 2024 2025 Total
Graphic Production $10,000 $10,000 $10,000
Public Relations $18,000 $18,000 $18,000
*Event Promotion $70,000 $70,000 $70,000
Stewardship and Education $40,000 $40,000 $40,000
Social Media $20,000 $20,000 $20,000
*Stay Vacation Campaign $50,000 $50,000 $50,000
Website Design Maintenance $15,000 $15,000 $15,000
$223,000 $223,000 $223,000 $669,000
15%$18,000 $18,000 $18,000
FY 2023 FY 2024 FY 2025 3-Year Total
General Fund
Hourly Rate 103,000$ 103,000$ 103,000$ 309,000$
Media 102,000 102,000 102,000 306,000
15% Commissions 18,000 18,000 18,000 54,000 Total General Fund 223,000$ 223,000$ 223,000$ 669,000$

12.B-40Council Agenda 5-17-2022
Attachment 1.B
Packet Page 168

LBID Budget FY 2023-2025 Exhibit B
Product 2023 2,024.00 2,025.00 Total
*Advertising and Media, Digital, Print, Broadcast, Streaming $473,000 496,650.00 521,482.00 *YouTube, Facebook, Instagram Advertising $70,000 73,500.00 77,175.00 Branding Graphic Design $35,000 36,750.00 38,588.00 Public Relations $70,000 73,500.00 77,175.00 *Contingency Advertising $40,000 42,000.00 44,100.00 *Cooperative Media $40,000 42,000.00 44,100.00 *New Market Development Sacramento, San Diego and Portland $130,000 136,500.00 143,325.00 Event Marketing and Development $100,000 105,000.00 110,250.00 Social Media $80,000 84,000.00 88,200.00
Influencer/Content Development $50,000 52,500.00 55,125.00 Website Design and Maintenance $84,000 88,200.00 92,610.00 Video Production for Social Media, Events, Website $50,000 52,500.00 55,125.00 $1,222,000 1,283,100.00 1,347,255.00 $3,852,355 15%$112,950.00 118,598.00 124,528.00
LBID Fund FY 2023 FY 2024 FY 2025 3-Year Total
Hourly Rate 469,000$ 492,450$ 517,073$ 1,478,523$ Media 640,050 672,052 705,654 2,017,756 15% Commissions 112,950 118,598 124,528 356,076 Total LBID Fund 1,222,000$ 1,283,100$ 1,347,255$ 3,852,355$

12.B-41Council Agenda 5-17-2022
Attachment 1.B
Packet Page 169

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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, by and between the City of Pismo Beach, a municipal corporation (“CITY”), and TJA Advertising & Public Relations (“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:

Advertising and promotion for the City of Pismo Beach.

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 July 1, 2022 (“the Effective Date”) through June 30, 2025. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional two (2) year period, 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 six hundred sixty-nine thousand dollars ($669,000), including $223,000 per year for Fiscal Years 2023, 2024, and 2025 unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant

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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.

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VII. CITY REPRESENTATIVE

The Tourism and Events Director 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.

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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.

12.B-43Council Agenda 5-17-2022
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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.

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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.

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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: Gordon Jackson
Title: Tourism and Events Director
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:

TJA Advertising & Public Relations
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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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 , by and between the City of Pismo Beach, a municipal corporation (“CITY”), and TJA Advertising & Public Relations (“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:

Advertising and promotion for the Lodging and Business Improvement District.

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.

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 July 1, 2022 (“the Effective Date”) through 6/30/2025. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional two (2) year period, 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 three million eight hundred fifty-two thousand three hundred and fifty-five dollars. ($3,852,355), including $1,222,000 in Fiscal Year (FY) 2023, $1,283,100 in FY 2024, and $1,347,255 in FY 2025 unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee

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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.

IV. TERMINATION OF AGREEMENT

V. FORCE MAJEURE

VI. RETENTION OF FUNDS

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VII. CITY REPRESENTATIVE

The Tourism & Events Director 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)

IX. INDEPENDENT CONTRACTOR

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

XIII. INDEMNIFICATION

A. Non-design, non-construction Professional Services:

B. Non-design, construction Professional Services:

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C. Design Professional Services:

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

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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.

B. Other provisions or requirements:

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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.

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.

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;

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