Agenda packet — Pismo Beach City Council, June 7, 2022 (part 1 of 2)

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AMENDED AGENDA
Pismo Beach City Council
Tuesday, June 7, 2022
Regular Meeting Zoom Meeting ID: 848 2371 5585 - Phone Number (669) 900-6833 Zoom Meeting Link https://us02web.zoom.us/j/84823715585 Regular Meeting in-person access: No in-person access permitted (Updated June 6, 2022)

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 fully virtual format. Updated ways to watch this meeting and submit public comment are provided below.

Watch and participate via Zoom:
•Regular Meeting: 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:
•Regular Meeting: 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: 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: 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:

Submit voicemail comment:
•Regular Meeting and Closed Session: 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 6-7-2022
•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. Comment submitted via email after the start of the meeting may not be fully considered prior to any action taken on the item.

Pismo Beach City Council Agenda June 7, 2022

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Special Closed Session—5:00 p.m.

To be Conducted Virtually

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. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)

Item 3.A: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: Santa Maria Valley Water Conservation District v. City of Santa Maria, et al., Santa Clara County Superior Court Case No. 1-97-CV- 770214

4. CLOSED SESSION REPORT

5. ADJOURNMENT

Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, June 7, 2022 To be Conducted Virtually

Council Agenda 6-7-2022

Pismo Beach City Council Agenda June 7, 2022

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Regular Meeting—5:30 p.m.

To be Conducted Virtually
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: Hunger Awareness Day (SLO Food Bank)

Item 4.B: Proclamation: Juneteenth Day (NAACP SLO County)

Item 4.C: Presentation: Homeless Action Plan Update (SLO County)

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 6-7-2022

Pismo Beach City Council Agenda June 7, 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 Waste Management Authority (Newton)

13. Mobile Home Rent Stabilization Subcommittee (Blake/Waage)

14. REACH (formerly EVC) (Blake)

15. Regional Transit Authority, SLO (Waage/Reiss)

16. Shell Beach Improvement Group Liaison (Newton/Reiss)

17. SLOCOG (Waage/Reiss)

18. South County Chambers of Commerce Gov’t Affairs (Blake)

19. Visit SLO CAL Advisory Committee (Newton)

20. Water Resources Advisory Committee, SLO (Guthrie)

21. Zone 3 Water Advisory Committee, SLO (Guthrie)
(Govt Code Section 53232.3)

9. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration. Public comment on Consent Calendar items will be invited prior to action on the Calendar.

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

Recommendation:

Adopt Minutes of the of the May 17, 2022 Special, Closed, and Regular Meetings.

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

Recommendation:

1. Approve the Summary of Payroll Register for May 8, 2022 and May 22, 2022;

2. Approve the Register of Demands for May 6, 2022 and May 13, 2022.

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

Recommendation:

No action required; information only.

Item 9.D: Fiscal Year 2023 Appropriations Limit (Gann Limit) for the City of Pismo Beach (Feeser)

Recommendation:

Adopt a Resolution accepting the Fiscal Year 2023 Appropriations Limit for the City of Pismo Beach.

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Item 9.E: Setting the Water Service Special Tax Rate for Fiscal Year 2023 at $214.48, and Approving Posting of Said Tax to the County Assessment Roll (Feeser)

Recommendation:

Adopt a Resolution approving the updated Engineer’s Parcel/Equivalent Dwelling Unit (EUD) Table, seeing the water service special tax rate for Fiscal Year 2023 at $214.48, and approving posting of said tax to the County assessment roll per Government Code Section 50077(b).

Item 9.F: Traffic Safety Committee Recommendations to City Council (Fine)

Recommendation:

1. Adopt a Resolution authorizing the installation of a double yellow line around the knuckle, chevrons, and stenciling “SLOW” on the street at the corner of Shamrock Lane and Irish Way; and authorizing associated updates to the Striping Atlas;

2. Adopt a Resolution authorizing the installation of a 3-way stop sign on Frady Lane and the entrance to the City Corporation Yard, with appropriate MUTCD advanced warning signage; and authorizing associated updates to the Striping Atlas;

3. Receive a report on the items considered at the most recent Traffic Safety Committee meeting.

Item 9.G: Agreement with Olin Corp for Supply of Sodium Hypochlorite (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into an agreement with Olin Corporation, dba Olin Chlor Alkali Products and Vinyls (Olin Corp) in the amount of $2.083 per gallon, not to exceed $103,109.00 in Fiscal Year 2023, to provide sodium hypochlorite for the Wastewater Treatment Plant, and appropriating related budget adjustments.

Item 9.H: Calling November 8, 2022 General Municipal Election; Request to Board of Supervisors for Consolidation (Inderlied)

Recommendation:

1. Adopt a Resolution calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the laws of the state of California relating to general law cities;

2. Adopt a Resolution requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 8, 2022 with the statewide general election to be held on the date, pursuant to Elections Code Section 10403.

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Item 9.I: Agreement with CleanStreet LLC for Street Sweeping Services (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with CleanStreet, LLC in the amount of $164,982.60 annually to provide Street Sweeping through July 2026, and appropriating related budget adjustments.

Item 9.J: Notice of Completion for the Pismo Beach Storm Drain Project (Fine)

Recommendation:

Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the Pismo Beach Storm Drain Project.

Item 9.K: Authorize the City Manager to Enter into an Agreement with Badawi & Associates to Provide Professional Financial Auditing Services in the Amount of $123,568 for the City of Pismo Beach for Fiscal Years 2022 Through 2024 (Feeser)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into an agreement with Badawi & Associates to provide professional financial auditing services for in the amount of $123,568 for the City of Pismo Beach for Fiscal Years 2022 through 2024.

Item 9.L: Amendment #2 to Agreement with Mary McGrath Architects for Professional Services for the Public Safety Facility Project (Garcia)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #2 to the existing Professional Services Agreement with Mary McGrath Architects for Criteria and Bridging Documents for the Police and Fire Public Safety Facility in the amount of $22,500.

Item 9.M: 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

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Pismo Beach City Council Agenda June 7, 2022

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

GENERAL PROCEDURES FOR PUBLIC HEARINGS (Mayor/Presiding Officer reserves discretion to set speaking allowances):

1. City staff will present the staff report and recommendation, and respond to technical/clarifying questions from Council;

2. Mayor will open the public hearing, and invite the project applicant, or representative, to present the project (Limited to 10 mins);

3. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to present their appeal (Limited to 10 mins);

4. Mayor will then ask other interested persons to testify regarding the project (Limited to 3 mins per speaker);

5. Mayor will invite the project applicant, or representative, to make a rebuttal if desired (Limited to 5 mins);

6. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to make a rebuttal if desired (Limited to 5 mins);

7. Mayor will close the public hearing, following which the Council will deliberate and act on the matter.

Item 11.A: Appeal of Planning Commission Approval of a Coastal Development Permit to Construct a Tunnel Complex, Cabana, Garage, and Pool, and Categorical Exemption (P21-000087); Location: 114 Bluff Drive; The Project is Located in the Coastal Appeal Zone and is Appealable to the California Coastal Commission; APN 010-562-010 (Downing)

Recommendation:

Adopt a Resolution denying the appeal and upholding the April 26, 2022, Planning Commission approval of a Coastal Development Permit and Architectural Review Permit (P21-000087) for the construction of a 2,156- square-foot tunnel complex with a new garage and elevator to access a new 2,040-square-foot cabana and 1,157-square-foot pool deck and pool upslope of an existing single-family residence at 114 Bluff Drive, and adopting Categorical Exemption No. 2022-009.

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

Item 12.A: Fire Department Semi Annual Report (Lee)

Recommendation: Receive Fire Department briefing.

Item 12.B: Contract with Cal Fire for Pismo Beach Fire Department Staffing and Operations Services for Fiscal Years 2023 Through 2025 (Feeser)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a three-year contract with the California Department of Forestry and Fire Protection (Cal Fire) for Pismo Beach Fire Department staffing and operations services in the amount of $9,010,236 for Fiscal Years 2023 through 2025.

Item 12.C: Agreement with Sun Ridge Systems for the Replacement of Police Department Computer-Aided Dispatch and Records Management System (Smith)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into an agreement with Sun Ridge Systems Inc. for the replacement of the Police Department’s Computer-Aided Dispatch (CAD) system and the Records Management System (RMS) in the amount of $251,598, and appropriating related budget adjustments in Fiscal Year 2023.

Council Agenda 6-7-2022

Pismo Beach City Council Agenda June 7, 2022

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13. CITY COUNCIL COMMENTS AND REQUESTS

14. ADJOURNMENT

To the following meeting(s). Special and Closed Session times may be subject to change, as noticed. Meetings will be held in a hybrid in-person / virtual format unless otherwise noted:

Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, June 21, 2022 To be determined 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 June 7, 2022 meeting(s) of the Pismo Beach City Council was posted on June 2, 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 6-7-2022

A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA RECOGNIZING JUNE 3, 2022 AS HUNGER AWARENESS DAY

WHEREAS, the SLO Food Bank is the leading hunger relief organization in the county; and

WHEREAS, the SLO Food Bank was founded in 1989, and has provided 33 years of hunger relief throughout the community; and

WHEREAS, the SLO Food Bank provides the backbone infrastructure for hunger relief and is the primary source of quality and affordable food for over 80 partner nonprofit agencies that feed the hungry; and

WHEREAS, the SLO Food Bank and its coalition partners deliver nutritious food to those in need to every community in the county, from Nipomo to San Miguel, on the coast from Los Osos to San Simeon, and to points east including Creston, Shandon, and California Valley; and

WHEREAS, the SLO Food Bank provides millions of pounds of only the most wholesome nutrition which advances and promotes important public health outcomes; and

WHEREAS, the SLO Food Bank is coordinating a countywide promotion called Hunger Awareness Day on June 3rd this year; and

WHEREAS, the SLO Food Bank believes that the people of our county will rally in a one-day push to donate funds needed to alleviate local hunger; and

WHEREAS, people giving donations on June 3, 2022, can raise the funds needed to help alleviate hunger.

NOW, THEREFORE, the City Council of the City of Pismo Beach hereby recognizes June 3, 2022, as Hunger Awareness Day in the City of Pismo Beach.

Dated this 7th day of June, 2022

________________________
Ed Waage, Mayor

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A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA RECOGNIZING SATURDAY, JUNE 19, 2022 AS “JUNETEENTH DAY”

WHEREAS, since June 19, 1865, the American celebration known as Juneteenth has historically been observed as the end of the Institution of Slavery in our Great Nation; and

WHEREAS, Juneteenth embodies the indomitable human spirit of the past, the present, and all time; and

WHEREAS, the celebration of Juneteenth gives us all the opportunity to rededicate ourselves to the true American spirit and to strive for a more perfect Union; and

WHEREAS, we are citizens who wish to secure the blessings of freedom, justice, and equality for all in this great country of ours; and

WHEREAS, collaboration of community-based organizations, faith-based organizations, local businesses, and local government demonstrates a shared commitment to being part of the solution and acknowledging the importance of strength through unity.

NOW, THEREFORE, the City Council of the City of Pismo Beach hereby proclaims the third Saturday of June 2022 as “Juneteenth Day” and recommends all residents of the city of Pismo Beach to join in recognizing the importance of this day.

Dated this 7th day of June, 2022

________________________
Ed Waage, Mayor

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

ADOPTION OF MEETING MINUTES
RECOMMENDATION:

Adopt Minutes of the May 17, 2022 Special, 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 May 17, 2022
Submitted by: Erica Inderlied, City Clerk Meeting Date: June 7, 2022 City Manager Approval:

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DRAFT MINUTES
Pismo Beach City Council
Tuesday, May 17, 2022

Special Meeting—3:00 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 special session with Mayor Waage presiding.

CALL TO ORDER: 3:00 p.m.

1. ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Sheila Blake
Council Member Marcia Guthrie
Council Member Scott Newton

Staff Present:

Matt Downing, Community Development Director
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, Assistant City Manager
Erica Inderlied, City Clerk
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Jeff Smith, Chief of Police

2. PUBLIC COMMENT PERIOD

Call for public comment:

Mayor Waage noted public comment received via email from Henry Myers.

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.

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Presenting staff:

Jorge Garcia, Assistant City Manager
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Jeff Smith, Chief of Police

Supplemental material submitted into the record.

Guest presenters:

Jerry Avalos, Vanir Construction Management
Gary Campbell, Mary McGrath Architects

Call for public comment: No comment.

Action: Provide the following direction to staff:

• Pause RFP work on Site Plan Options “A” and “B”;
• Pursue development of a Site Plan (Option “C”) including fire apparatus entry and exit on Bello Street, and a new driveway at 940 Bello Street for the Police Station,
• Preserve as much of the building façade as feasible;
• Return on June 7, 2022 to allow the Council to consider contract Amendment #2 with Mary McGrath Architects as needed to complete the additional design;
• Return with the additional design for consideration in approximately two months.

Motion: Reiss
Second: Newton

Vote: The motion passed on the following vote:

Ayes: 3 Reiss, Newton, Guthrie
Noes: 2 Blake, Waage

Absent: 0
Abstain: 0
Recused: 0

4. CITY COUNCIL COMMENTS AND REQUESTS

No requests.

5. ADJOURNMENT

There being no further business, Mayor Waage adjourned the meeting at 4:26 p.m., to the 5:00 p.m. Closed Session.

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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 5:00 p.m.

1. ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Sheila Blake
Council Member Marcia Guthrie
Council Member Scott Newton

Staff Present:

David Fleishman, City Attorney
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager

2. PUBLIC COMMENT PERIOD

Mayor Waage called for public comment. There being no one wishing to comment, Mayor Waage closed the public comment period.

3. ANNOUNCEMENT OF CLOSED SESSION ITEM

City Attorney Fleishman announced the Closed Session item listed below.

Item 3.A: Conference with Real Property Negotiators (Government Code §54956.8) Property: 341 Main Street, Pismo Beach, CA 93449
Agency Negotiator: James R. Lewis
Negotiating Parties: Margaret A. Emerson Trust
Under Negotiation: Price and terms of payment

4. CLOSED SESSION REPORT

City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above item.

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5. ADJOURNMENT

There being no further business, Mayor Waage adjourned the meeting at 5:20 p.m., to the 5:30 p.m. Regular Meeting.

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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
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. PLEDGE OF ALLEGIANCE

Council Member Guthrie led the Pledge of Allegiance.

3. ACCEPTANCE OF AGENDA

No requests to reorder the agenda.

4. PRESENTATIONS

Item 4.A: Proclamation: Public Works Week (Fine)

Presented to Ben Fine, Director of Public Works/City Engineer.

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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

Presented by Jeff Smith, Police Chief.

5. PUBLIC COMMENT PERIOD

Call for public comment:

The following commented:

Nicole Bryant;
James Kenny;
Elsa Perez;
Madeline Kacsinta;
Brandon Shea;
Daryl Scheck

6. CITY MANAGER’S REPORT

City Manager Lewis commented on various topics.

7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT

City Attorney Fleishman reported that the Council had taken no reportable action during its 5:00 p.m. Closed Session.

8. COUNCIL COMMITTEE REPORTS

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

Council Member Newton:

Shell Beach Improvement Group (SBIG).

San Luis Obispo County Integrated Waste Management Authority (IWMA) Board.

San Luis Obispo County Air Pollution Control District (APCD) Board.

Conference and Visitors Bureau / Lodging Business Improvement District Board.

Visit SLO Cal Advisory Committee.

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Mayor Waage:

San Luis Obispo County Community Fire Safe Council.

San Luis Obispo Local Agency Formation Commission (SLO LAFCO).

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.I):

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

Absent: 0
Abstain: 0
Recused: 0

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.

9.F-8Council Agenda 6-7-2022
Attachment 1
Packet Page 10

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.

Legislative Record: Resolution R-2022-037 adopted.

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.

Legislative Record: Resolution R-2022-038 adopted.

9.F-9Council Agenda 6-7-2022
Attachment 1
Packet Page 11

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

None.

11. PUBLIC HEARINGS

None.

12. BUSINESS ITEMS

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.

Presenting staff:

Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager

Call for public comment: No comment.

Action: 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.

Motion: Reiss
Second: Guthrie

9.F-10Council Agenda 6-7-2022
Attachment 1
Packet Page 12

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2022-039 adopted.

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).

Presenting staff:

Nadia Feeser, Administrative Services Director
Gordon Jackson, Director of Tourism and Events
James R. Lewis, City Manager

Call for public comment: No comment.

Action: 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).

Motion: Blake
Second: Reiss

Vote: The motion passed on the following vote:

Ayes: 4 Blake, Reiss, Newton, Waage
Noes: 1 Guthrie

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2022-040 adopted.

9.F-11Council Agenda 6-7-2022
Attachment 1
Packet Page 13

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.

Presenting staff:

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

Call for public comment: No comment.

Action: 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.

Motion: Guthrie
Second: Blake

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2022-041 adopted.

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.

Presenting staff:

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

Call for public comment: No comment.

Action: Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Callander Associates Landscape

9.F-12Council Agenda 6-7-2022
Attachment 1
Packet Page 14

Architecture, Inc. in the amount of $130,765 for the design of the Ventana Tennis Courts project.

Motion: Guthrie
Second: Newton

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2022-042 adopted.

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.

Presenting staff:

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

Call for public comment: No comment.

Action: Adopt a Resolution declaring “Critical Water Supply Conditions” with modified restrictions.

Motion: Guthrie
Second: Blake

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2022-043 adopted.

9.F-13Council Agenda 6-7-2022
Attachment 1
Packet Page 15

Action: 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.

Motion: Guthrie
Second: Blake

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Ordinance O-2022-004 adopted.

13. CITY COUNCIL COMMENTS AND REQUESTS

No requests.

14. ADJOURNMENT

At 7:00 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

9.F-14Council Agenda 6-7-2022
Attachment 1
Packet Page 16

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 May 8, 2022 and May 22, 2022;

2. Approve the Register of Demands for May 6, 2022 and May 13, 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: June 7, 2022
Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

9.B-1Council Agenda 6-7-2022
Packet Page 17

FOR PERIOD ENDING 05/08/22
CHECKS DATED 05/13/22

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 7
ACH 124

EARNINGS
REGULAR 338,998.55
HOLIDAY 3,984.22
OVERTIME (Includes Comp Time Payouts)16,585.68
Administration -
Building -
Conference & Visitors Bureau -
Police Department 13,287.79
Parking -
Engineering -
Fire -
Recreation -
Public Works 871.58
Water 1,440.16
Wastewater 986.15
Motor Vehicles
Subtotal-Overtime 16,585.68$
SALARY ADJUSTMENTS 60.00
TRAINING / UNIFORM ALLOWANCE 240.00
OTHER EARNINGS 15,830.01 $375,698.46

LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 34,522.33
FICA & MEDICARE 28,665.69
STATE INCOME TAX 12,169.29
STATE DISABILITY INSURANCE 816.70
GARNISHMENTS 692.76
HEALTH 1,657.96
SUPPLEMENTAL DISABILITY 1,630.48
SECTION 125 2,557.72
PERS 30,189.12
DEFERRED COMPENSATION 9,592.76
ADDITIONAL LIFE INSURANCE 296.17
UNION DUES 2,455.61
PISMO ATHLETIC CLUB 262.50
OTHER
NET PAYROLL $250,189.37
DIRECT DEPOSIT DEDUCTION 246,973.18
NET PAYROLL AFTER ACH DEPOSIT 3,216.19

SUMMARY PAYROLL REGISTER

9.B-2Council Agenda 6-7-2022
Attachment 1
Packet Page 18

FOR PERIOD ENDING 05/22/22
CHECKS DATED 05/27/22

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 14
ACH 122

EARNINGS
REGULAR 332,863.91
HOLIDAY 3,803.13
OVERTIME (Includes Comp Time Payouts)18,498.63
Administration -
Building -
Conference & Visitors Bureau -
Police Department 16,577.17
Parking -
Engineering -
Fire -
Recreation 86.59
Public Works -
Water 761.71
Wastewater 1,073.16
Motor Vehicles
Subtotal-Overtime 18,498.63$
SALARY ADJUSTMENTS 261.01
TRAINING / UNIFORM ALLOWANCE 886.00
OTHER EARNINGS 14,160.01 $370,472.69

LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 34,734.02
FICA & MEDICARE 28,130.81
STATE INCOME TAX 12,282.00
STATE DISABILITY INSURANCE 3,897.93
GARNISHMENTS 692.76
HEALTH 1,632.02
SUPPLEMENTAL DISABILITY 1,630.48
SECTION 125 2,530.64
PERS 29,538.00
DEFERRED COMPENSATION 9,567.76
ADDITIONAL LIFE INSURANCE 296.17
UNION DUES 2,419.26
PISMO ATHLETIC CLUB 262.50
OTHER
NET PAYROLL $242,858.34
DIRECT DEPOSIT DEDUCTION 233,733.58
NET PAYROLL AFTER ACH DEPOSIT 9,124.76

SUMMARY PAYROLL REGISTER

9.B-3Council Agenda 6-7-2022
Attachment 1
Packet Page 19

City of Pismo Beach
Final Disbursement List Check Date 05/06/22
US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
122251 10434 Abalone Coast Analytical Inc 5/6/2022 336.00$ Water Analysis 122252 13158 Advantage Technical Services, Inc 5/6/2022 22,071.00 CM and Inspection ‐ SB Reservoir I March 2022 122253 13841 Rocky Allen 5/6/2022 250.00 Reimb: Safety Boots 2022 122254 10341 Alliant Insurance Services Inc‐NPB Main 5/6/2022 1,105.00 Facility Insurance for Events Jan‐Mar 2022 122255 14119 Boone Printing & Graphics, Inc.5/6/2022 418.93 Business Card Printing 122256 14248 Boys and Girls Club of So. San Luis Obispo County 5/6/2022 1,700.00 Childcare Support Services April 2022 122257 11392 Brenntag Pacific Inc.5/6/2022 1,694.49 Sodium Bisulfite 25% 122258 10074 Burdine Printing 5/6/2022 2,910.23 Spring 2022 Clam Chronicle 122259 UB*00882 CAREY KLINGER‐MORRIS (T)5/6/2022 35.54 Refund Check 017586‐000, 238 PIER 122260 10269 Carquest Auto Parts 5/6/2022 384.58 Vehicle Maintenance Supplies 122261 13669 Joseph Cedillos 5/6/2022 192.50 Security: PBVH BSR Event Date 4/24/22 122262 13531 Central Coast Party Factory LLC 5/6/2022 2,100.00 Bounce Houses for Easter & Mother's Day Events 122263 11694 City Of Grover Beach 5/6/2022 364.00 PW Week BBQ 5/19/22 122264 11231 Coastal Peaks Coffee 5/6/2022 242.00 Coffee Supplies 122265 11227 Cole Chrysler Dodge 5/6/2022 269.92 PD Vehicle Maintenance 122266 13257 Core & Main LLP 5/6/2022 710.00 April Meters 122267 11986 Culligan/Central Coast Water 5/6/2022 95.00 Soft Water Tank Rental May 2022 122268 14313 Culligan/Santa Maria 5/6/2022 524.72 Drinking Water Apr 2022 122269 10303 Damon Castillo Band 5/6/2022 1,400.00 Band for Mothers Day Concert 5/8/22 122270 12628 Dell Marketing LP 5/6/2022 184.49 Power Supply Cords & Adapters 122271 13697 Dudek 5/6/2022 6,721.25 General Plan/LCP Planning Consultant 2/26/22 ‐ 3/25/22 122272 11289 eGenoa, LLC 5/6/2022 915.88 City Hall Door Signage 122273 11469 Eikhof Design Group Inc 5/6/2022 7,675.29 Stormwater, Storm Drain, Dino Caves Consulting Services Mar 2022 122274 13586 Famcon Pipe & Supply Inc.5/6/2022 1,235.40 Valve replacement at Ocean/Vista Del Mar 122275 10191 Nadia Feeser 5/6/2022 221.00 M&IE ‐ CMTA Annual Conf 5/3/22 ‐ 5/6/22 Newport Beach 122276 12589 Ferguson Enterprises, Inc.5/6/2022 258.60 Distribution Maintenance 122277 14332 Felipe Garcia 5/6/2022 1,230.00 Food Service for Mobile Home Park Concert 5/20/22 122278 13809 Jeffrey Gorham 5/6/2022 74.00 M&IE: PAPA Seminar 5/10/22 ‐ 5/11/22 122279 12952 GSI Water Solutions Inc 5/6/2022 3,016.76 NCMA Annual Report ‐ March 2022 122280 12691 Billy Haas 5/6/2022 250.67 M&IE/Mileage: PAPA Seminar 5/10/22 ‐ 5/11/22 122281 12255 Iron Mountain Information Mgmt, Inc 5/6/2022 207.32 Shredding Services ‐ 03/23/2022 ‐ 04/26/2022 122282 12525 JJ Fisher Construction 5/6/2022 12,977.00 Price Park Restrooms March 2022 122283 14294 Richard Jones 5/6/2022 7,762.50 Professional Services ‐ Personnel 122284 11325 KCBXNET 5/6/2022 1,407.00 Cablecast & Channel 20 Maint. Services March 2022 122285 13040 Noah Kennedy 5/6/2022 250.00 Reimb: Safety Boots 2022 122286 10375 Mark Latham 5/6/2022 74.00 M&IE: PAPA Seminar 5/10/22 ‐ 5/11/22 122287 12019 James Lewis 5/6/2022 512.41 M&IE/Mileage: City Leaders Summit 5/11‐5/14/22 Sacramento 122288 11586 Liebert, Cassidy & Whitmore 5/6/2022 5,358.00 Professional Services March 2022 ‐ Negotiations 122289 10175 Life‐Assist, Inc.5/6/2022 461.26 Medical Supplies ‐ Fire 122290 12279 McMaster Carr 5/6/2022 235.15 WWTP Maintenance Supplies 122291 12960 Med‐Stops Medical Clinic Inc 5/6/2022 200.00 DMV/DOT Physical 122292 13457 Kayleigh L. Meyers 5/6/2022 1,896.96 Instructor: Art Mosaics 4/18‐4/22/22 # 10850 122293 14329 Kate Morrell 5/6/2022 38.00 Prorated Refund: Instructor ill ‐ Class Cancelled #10850 122294 UB*00883 ASHLYN MURRAY (T)5/6/2022 137.28 Refund Check 018349‐000, 267 CYPRESS 122295 10039 New Times 5/6/2022 430.00 Legal Notice Advertising 122296 10728 Oilfield Environmental & Compliance, Inc. 5/6/2022 2,803.50 Lab Analysis March 2022 122297 13197 Olin Corporation 5/6/2022 4,822.93 Sodium Hypochlorite 122298 10697 Parker Graphic Design 5/6/2022 325.00 Activity Guide Ads & Concert Banners 122299 11202 Pavement Engineering, Inc.5/6/2022 43,840.75 2021‐22 Paving Project Design Mar 2022 122300 14331 PG&E 5/6/2022 10,640.00 Release Bond: Encroachment Permit 333‐654 Five Cities Dr 122301 UB*00884 PISMO MEDICAL CAMPUS LLC 5/6/2022 2.59 Refund Check 017842‐000, 901 OAK PARK #102 122302 UB*00886 PISMO MEDICAL CAMPUS, LLC 5/6/2022 7.77 Refund Check 018360‐000, 901 OAK PARK #103 122303 13898 Quadient, Inc.5/6/2022 2,000.00 Postage 04/01/22 & 04/19/2022 122304 UB*00885 MARC SELLERS 5/6/2022 56.57 Refund Check 018418‐000, 251 VISTA DEL MAR 122305 10093 SLO County Auditor‐Controller 5/6/2022 13,000.00 Phoenix Parking Surcharges February 2022 122306 12570 SLO Roasted Coffee 5/6/2022 37.00 Coffee Supplies 122307 13654 Souza Engineering Contracting, Inc.5/6/2022 1,500.00 Bond Release ‐ 1261 Longview Ave 122308 13582 TerraCosta Consulting Group, Inc.5/6/2022 3,110.00 Ocean Blvd ‐ Feb/Mar 2022 122309 14009 TESLA 5/6/2022 500.00 Release Bond: Encroachment Permit ‐ 333 Five Cities Dr 122310 12982 Ultrex Business Products 5/6/2022 1,114.26 City‐Wide Copier Usage April 2022 122311 13392 Urban Planning Concepts 5/6/2022 8,574.75 GP/LCP Prof Planning Svcs ‐ March 2022 122312 14333 Mark Wilder 5/6/2022 250.00 Performance at Mother's Day Concert 05/08/22 122313 14107 Wilmington Trust, National Association 5/6/2022 201,863.71 Debt Service Payment Transfer 122314 14310 Zoho Corp 5/6/2022 1,251.00 Active Directory Management Software Total 386,233.96

9.B-4Council Agenda 6-7-2022
Attachment 2
Packet Page 20

City of Pismo Beach
Final Disbursement List Check Date 05/13/2022

US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
122316 10446 Achievement House, Inc.
05/13/2022 9,004.55$ Litter Removal & Clean-up Services Mar 2022 122317 12275 Airgas West Inc
05/13/2022 236.97 Medical Supplies - Oxygen
122318 12437 All Clear Pool & Spa Repair
05/13/2022 492.45 Pool Maintenance Chapman Estate Mar 2022 122319 14215 Dino Navin Anciaux
05/13/2022 180.00 Reimbursement: Lab Analyst Grade I test 122320 14229 Brendler Janitorial Service
05/13/2022 16,152.00 Janitorial Services for City Facilities Mar 2022 122321 10028 Brisco Mill & Lumber Yard 05/13/2022 120.66 Planning Department Supplies 122322 10799 Lindsay Carter Coates
05/13/2022 484.00 Instructor: Yoga with Lindsay April 2022 # 10843 122323 11502 Central Coast Fence, Inc.
05/13/2022 246.47 Corp Yard - Main Gate Repairs
122324 14146 Pamela Ann Coslick
05/13/2022 160.00 Instructor: Tae Kwon Do - April 2022 #10834 122325 14217 Deltina Coffee Roasters
05/13/2022 62.50 Coffee Supplies
122326 10398 Liliana Graham 05/13/2022 617.60 Instructor: Ballroom Dance Class April 2022 # 10875 122327 11977 Dan Hall
05/13/2022 324.80 Instructor: Yoga with Dan April 2022 # 10825 122328 UB*00888 FRANK KOYANAGI
05/13/2022 79.70 Refund Check 011491-000, 244 CHRISTINE 122329 UB*00887 ANDREW LONGABAUGH & MARIA ANASTASSIOU (T) 05/13/2022 23.10 Refund Check 017663-000, 329 WINDWARD 122330 11957 Pismo Bob's Hardware & Nursery
05/13/2022 15.08 Maintenance Supplies
122331 13255 Rib Line
05/13/2022 2,637.18 Catering: Chapman Estate Neighborhood Gathering 5/6/22 122332 12031 Stanley Convergent Security Solutions
05/13/2022 249.04 Monthly Security & Fire Monitoring
122333 10905 Venco Power Sweeping Inc
05/13/2022 4,279.13 Street Sweeping Services Mar 2022
122334 14034 Vital Records Holdings, LLC
05/13/2022 119.95 Document Storage March 2022
Total 35,485.18

9.B-5
Attachment 2
Council Agenda 6-7-2022
Packet Page 21

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

MONTHLY INVESTMENT TRANSACTION REPORT OF THE CITY’S CASH AND INVESTMENTS FOR APRIL 2022 OF FY 2021-2022
RECOMMENDATION:

No action required; information only.

EXECUTIVE SUMMARY:

This report updates the City Council on the City of Pismo Beach’s monthly transactions of the City’s investment portfolio for the month ending April 30, 2022. California State Government Code Section 53607 states that if the authority of the legislative body to invest or reinvest funds for the City is delegated to the City Treasurer, the City Treasurer shall make a monthly report of those transactions to the legislative body.

The attached report includes all transactions of the City’s investments managed by the City, including funds invested in various securities and the City’s pooled funds invested in various financial instruments.
Attachment 1 provides a summary of the City’s cash, investments, and monthly interest earnings based on book value as of April 30, 2022.
Attachment 2 provides details on the investment transactions for the General Fund Reserve and City Pooled Funds A (for deferred capital projects), including: purchases or deposits; sales, maturities, calls or withdrawals; and interest earnings. Attachment 3 provides details of the monthly transactions by fund for City Pooled Funds B (for current year expenditures) for the month ending April 30, 2022.

FISCAL IMPACT:

No fiscal impact from the report itself—information only.

ALTERNATIVES:

1.No Council action is proposed, other than to receive the information.

ATTACHMENTS:

1.Summary Table for ALL Funds, including Book Values and Earnings Data for Investments in Other Financial Instruments

2.For the General Fund Reserve and City Pooled Funds A—Transactions on Investments in Securities

3.For City Pooled Funds B—Summary of monthly transactions by fund Prepared by: Vanessa Garris, Finance Manager Meeting Date: June 7, 2022 Submitted by: Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

9.C-1Council Agenda 6-7-2022
Packet Page 22

City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned April
2022
Actual Year-to-
Date Interest
Earned Ending
4/30/2022 * Data Sources
General Fund
Reserves
US Bank CDs/GASs/Corp/
Muni Bonds

1.82% avg 7,328,013 13,033$ 95,528$ 1
City Pooled Funds - A US Bank CDs/GASs/Corp/
Muni Bonds

1.64% avg 21,908,894 36,288 293,567 1
Total All Securities 29,236,907$ 49,321$ 389,095$ City Pooled Funds - B US Bank Custody 0.00%-$ 51$ 57$ 1 City Pooled Funds - B Local Agency Invest.

Fund
State Investment
Pool

0.32%19,294,133 -38,010 2
City Pooled Funds - B US Bank Checking 0.00%22,693,800 89 797 3 City Pooled Funds - B 41,987,933$ 140$ 38,865$ City Pooled Funds total A + B 63,896,827$ 36,428$ 332,432$ Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 Pier Project 4$ -$ 4$ 4
Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 CREB's
Project
6$ -$ 3$ 4
CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit
Trust Account
Various managed
by CalPERS
4,957,672$ -$ (21,084)$ 5
TOTAL, Cash and Investments at April 30, 2022:76,182,521$ 49,461$ 406,883$ TOTAL for City Managed Portfolio, Cash and Investments:71,224,840$ 49,461$ 427,960$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund 3 = Monthly reconciled bank statement from US Bank
4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments

9.C-2Council Agenda 6-7-2022
Attachment 1
Packet Page 23

CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
April 30, 2022

INVESTMENT ACTIVITY

PURCHASES OR DEPOSITS
04/14/22 Purchase FHLB 500,000$
04/21/22 Purchase FHLB 500,000
04/27/22 Purchase Capital One Bank 245,000
04/27/22 Purchase Capital One National 245,000
Total 1,490,000$

SALES, MATURITIES, CALLS OR WITHDRAWALS
04/05/22 Matured American Express Centurion 245,000$
04/07/22 Matured Live Oak Bank 245,000
04/12/22 Matured Industrial & Commercial Bank China 245,000 04/12/22 Matured Toyota Motor Corp 499,685
04/22/22 Sold Discover Bank 245,000
04/28/22 Sold Capital One 245,000
Total 1,724,685$
ACTIVITY TOTAL (234,685)$

INTEREST REVENUE

GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 13,033$

POOLED INVESTMENTS
Interest Earned on Investments 36,288$
TOTAL INTEREST EARNED 49,321$
Data Source: Monthly Download of Transactions from US Bank

9.C-3Council Agenda 6-7-2022
Attachment 2
Packet Page 24

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 4/30/2022 Bank Account Description Bank ID
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
General Checking US Bank 21,338,588$ 4,727,373$ (3,656,322)$ 284,161$ -$ 22,693,800$ LAIF LAIF 19,278,941 15,192 - - - 19,294,133 Total all Bank Accounts 40,617,529$ 4,742,565$ (3,656,322)$ 284,161$ -$ 41,987,933$ Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
General Fund
General Fund 1001-10101 12,905,562 2,742,856 (2,268,996) ‐                   - 13,379,422 General Fund-Reserve 1001-10105 110,008 13,279 - ‐                   - 123,287 Half Cent Sales Tax Fund 1002 3,255,682 (41,811) - ‐                   - 3,213,872 Special Revenue Funds
Gas Tax Fund 2001 70,254 28,627 - ‐                   - 98,881 LTF - Streets 2002 396,931 (50,248) - ‐                   - 346,683 PEG Access Fund 2003 147,464 - - ‐                   - 147,464 Police Grant Fund 2004 282,951 (3,210) - ‐                   - 279,742 Housing In Lieu Fund 2005 2,196,532 2,307 - ‐                   - 2,198,838 LBID Fund 2006 2,077,698 207,850 (110,783) ‐                   - 2,174,765 Chapman House 2007 102,078 2,443 (6,666) ‐                   - 97,855 Capital Projects Funds
Capital Projects Fund 3001 777,151 219,621 (277,260) ‐                   - 719,512 Public Facilities Fund 3002 868 - - ‐                   - 868 Park Development Fund 3003 432,133 6,514 (62,568) ‐                   - 376,079 Circulation Fund 3101 367,148 250,083 - ‐                   - 617,231 Development Impact Fee Fund 3102 157,362 (52,103) - ‐                   - 105,258 Developer Impact Fee Fund 3103 165,312 - - ‐                   - 165,312 Underground Utility Fund 3201 16,343 - - ‐                   - 16,343

9.C-4Council Agenda 6-7-2022
Attachment 3
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Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 4/30/2022 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
Debt Service Funds
Public Finance Authority Fund 4001 - - - ‐  - - Public Finance Authority Fund 4002 - - - ‐  - - Freeway Foothills AD Fund 4101 756 - - ‐  -756 Spyglass AD Fund 4102 12,589 - - ‐  -12,589 Indio-El Portal AD Fund 4112 731 - - ‐  -731 Visalia Street AD Fund 4113 99,968 - - ‐  -99,968 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 2,840,237 394,581 (121,015) -- 3,113,803 Water Tax - Gragg Fund 6102-10102 100 - - ‐ - 100 Water Construction Fund 6103 605,167 314,340 (300,032) ‐ - 619,475 Water Expansion Fund 6104 1,195,640 6,993 - ‐ -1,202,633 Wastewater Enterprise Fund 6201 3,341,659 320,925 (191,649) ‐  -3,470,935 Wastewater Construction Fund 6202 1,233,804 6,933 (6,933) ‐  -1,233,804 Wastewater Expansion Fund 6203 1,950,998 11,795 - ‐ -1,962,794 LTF - Transit Fund 6301 29,045 (72) - ‐ -28,974 Pier Operations Fund 6401 23,699 6,557 (7,092)‐ -23,164 Parking Fund 6501 2,993,001 239,534 (57,651)‐ -3,174,884 Internal Service Funds
Technology Service Fund 7101 130,930 68,059 (116,238) ‐  -82,751 Motor Vehicle Fund 7201 2,045,150 (109,453) (43,361) ‐  -1,892,336 Trust & Agency Funds
SLO County TMD 8201 140,946 160,820 (141,266) ‐  -160,500 Control Funds
Payroll Control Fund 9301 298,672 235,346 84,134 ‐  -618,152 Interest Control Fund 9302 272 15,282 - ‐ -15,554 Utility Billing Control Fund 9304 210,002 2,615 - ‐ -212,617 M/R Control Fund 9305 - - - ‐  -- Total all cash funds 40,614,846 5,000,464 (3,627,377) -- 41,987,933

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INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 0 - - ‐  -0 General Fund - CD's 1001-10404 4,588,000 (340,000) - ‐ -4,248,000 General Fund - Fed Agency 1001-10405 3,799,000 250,000 - ‐ -4,049,000 GF - Half Cent Sales Tax CD's 1002-10404 1,225,000 - - ‐ -1,225,000 GF - Half Cent Sales Tax 1002-10405 -500,000 - ‐ -500,000 GF - Half Cent Sales Tax Mny M1002-10108 0 - - ‐ -0 GF Reserve Money Mkt Cash 1001-10109 0 - - ‐ -0 GF Reserve - CD's 1001-10403 2,607,000 - - ‐ -2,607,000 GF Reserve - Fed Agency 1001-10402 2,208,000 - - ‐ -2,208,000 GF Reserve - Building 1001-10406 202,000 - - ‐ -202,000 GF Reserve - Building - Federal 1001-10146 298,000 - - ‐ -298,000 GF Reserve - Risk Mgmt - CD's 1001-10407 150,000 - - ‐ -150,000 GF Reserve - Risk Mgmt - Fed A 1001-10140 50,000 - - ‐ -50,000 GF Corp Bond - Pooled 1001-10141 529,143 - - ‐ -529,143 GF Corp Bond - Reserve 1001-10145 500,000 - - ‐ -500,000 GF Municipal Bonds Pooled 1001-10142 435,101 - - ‐ -435,101 GF Municipal Bonds Reserve 1001-10143 1,263,013 - - ‐ -1,263,013 Risk Mgmt Muni Bonds Reserve 1001-10144 50,000 - - ‐ -50,000 Half Cent Sales Tax - Pooled 1002-10141 499,685 (499,685) - ‐ -- Half Cent Sales Tax - Muni Bond 1002-10142 571,288 - - ‐ -571,288 GF CREB's Fiscal Agent 1001-10515 (0)- - ‐ -(0) Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 (0)- - ‐  -(0) Housing In Lieu Fund 2005-10404 875,000 - - ‐  -875,000 Housing In-Lieu Fed Agencies 2005-10405 140,000 - - ‐  -140,000 Capital Projects Funds
Park Develop. Fund Mny Mkt 3003-10108 - - - ‐  - - Park Development Fund 3003-10404 - - - ‐  - - Park Develop Federal Agencies 3003-10405 - - - ‐  - - Circulation Fees Mny Mkt 3101-10108 - - - ‐  - - Circulation Fees 3101-10404 245,000 (245,000) - ‐ - - Develop. Impact Fee Mny Mkt 3102-10108 0 - - ‐  -0 Development Impact Fee Fund 3102-10404 490,000 - - ‐  -490,000 Impact Fees Federal Agencies 3102-10405 - - - ‐  --

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INVESTMENTS
Debt Service Funds
Public Fin Fiscal Agent-Pier 4002-10510 4 - - ‐  -4 Public Fin Fiscal Agent-CREBs 4002-10515 6 - - ‐  -6 Enterprise Funds
Water Fund Money Mrkt Csh 6101-10108 0 - - ‐  -0 Water Fund CD's 6101-10404 590,000 (100,000) - ‐ -490,000 Wtr Fund Federal Agencies 6101-10405 2,155,000 - - ‐  -2,155,000 Wtr Fund Corp Bond - Pooled 6101-10141 - - - ‐  -- Water Construction Money Mkt 6103-10108 (0)- - ‐  -(0) Water Construction 6103-10404 504,363 - - ‐  -504,363 Wastewater Fund Money Market 6201-10108 0 - - ‐  -0 Wastewater Fund CD's 6201-10404 245,000 - - ‐  -245,000 Wastewater Fund Fed Agencies 6201-10405 2,100,000 - - ‐  -2,100,000 WWtr Fund Corp Bond - Pooled 6201-10141 1,062,000 - - ‐  -1,062,000 Parking Enterprise Money Mrkt 6501-10108 (0)- - ‐  -(0) Parking Fund Corp Bond-Pooled 6501-10141 500,000 - - ‐  -500,000 Parking Enterprise 6501-10404 490,000 - - ‐  -490,000 Parking Fund Federal Agencies 6501-10405 1,000,000 - - ‐  -1,000,000 Internal Service Funds
MVR Fund Money Mrkt Csh 7201-10108 0 - - ‐  -0 MVR Fund CD's 7201-10404 100,000 (50,000) - ‐ -50,000 MVR Fund Federal Agencies 7201-10405 0 250,000 - ‐ -250,000 CalPers Benefit Trust
OPEB Trust Account 8101-10408 4,957,672 - - ‐  -4,957,672 Total all Investments 34,429,273$ (234,685)$ -$ -$ -$34,194,588$ Total all Funds 75,044,120$ 4,765,779$ (3,627,377)$ -$ -$76,182,521$

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.D

SUBJECT/TITLE:

FISCAL YEAR 2023 APPROPRIATIONS LIMIT (GANN LIMIT) FOR THE CITY OF

PISMO BEACH

RECOMMENDATION:

Adopt a Resolution accepting the Fiscal Year 2023 Appropriations Limit for the City of Pismo Beach.

EXECUTIVE SUMMARY:

The California State Constitution requires that government entities calculate and adopt an appropriations limit each year to ensure that expenses don't grow greater than allowed by law.

California Constitution Article 13B, Section 1 provides that “The total annual appropriations subject to limitation of the State and each local government in the Constitution of the State of California, Article 13B Government Spending Limitation, shall not exceed the appropriations limit of the entity of government for the prior year adjusted for the change in the cost of living and the change in population, except as otherwise provided in this article.”

A year ago, at its June 1, 2021 meeting, the Council set the Appropriations Limit for Fiscal Year (FY) 2022 at $29,433,561. In a letter dated May 2022, the State Department of Finance (Attachment 2) informed all cities that the percentage change in the California Per Capita Personal Income that can be used for the “change in the cost of living” factor for FY 2023 is 7.55%, and that the percent change in Pismo Beach’s population to be used for FY 2023 shall be a -1.41% decrease (from 8,095 to 7,981). Adjusting the FY 2022 Appropriations Limit by the above percentage changes in California Per Capita Personal Income, and in Pismo Beach population, yields an Appropriations Limit of $31,067,240 for FY 2023 (see calculations, Attachment 1).

The FY 2023 appropriations that are subject to this Limit amount to $28,874,106, which is below the FY 2023 Appropriations Limit of $31,067,240 by $2,193,135.

Conclusion and Recommendation
Staff recommends that Council adopt the attached Resolution to approve the Gann Limit for FY 2023.

FISCAL IMPACT:

None, as FY 2023 appropriations subject to Gann Limit are below the calculated Gann Limit.

ALTERNATIVES:

1. Propose different calculation factors, and recalculate the FY 2023 Gann Limit.

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ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Appropriations Limit Calculation Worksheet

2. May 2022 Letter from State Dept of Finance Price and Population Letter Submitted by: Meeting Date: June 7, 2022
Nadia Feeser, Administrative Services Director
City Manager Approval:

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RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ACCEPTING THE FISCAL YEAR 2022-2023 APPROPRIATIONS LIMIT

FOR THE CITY OF PISMO BEACH
WHEREAS, Article XIII-B of the California Constitution provides that the total annual appropriations subject to limitation of each governmental entity shall not exceed the Appropriations Limit of such governmental entity for the prior year, adjusted for changes in population and inflation as mandated by Proposition 4 (commonly called the “Gann Limit”), passed in November 1979, and Proposition 111, passed in June 1990, except as otherwise provided for in said Article XIII-B and implementing State statutes; and WHEREAS, pursuant to Article XIII-B of said California Constitution, and Section 7900 et seq. of the California Government Code, the City is required to set its Appropriations Limit for each fiscal year; and
WHEREAS, the State Department of Finance has provided the required information on the change in California Per Capita Personal Income and on the change in population for the City of Pismo Beach to be used for adjusting the FY 2022 Appropriations Limit to calculate the FY 2023 Appropriations Limit; and
WHEREAS, the City has used the change in California Per Capita Personal Income and change in Pismo Beach population data provided by the State Department of Finance in May 2022 to calculate the FY 2023 Appropriations Limit, and, pursuant to Section 7910 of California Government Code, has made available to the public the documentation used to calculate the FY 2023 Appropriation Limit (provided as Exhibit A).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach that said Appropriation Limit for Fiscal Year FY 2023 shall be set in the amount of $31,067,240.

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 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

9.D-3Council Agenda 6-7-2022
Attachment 1
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City of Pismo Beach
Appropriations Limit Calculation Worksheet

For
Fiscal Year 2022-2023
FY 2022 Appropriations Subject to Limit 24,629,512$

APPROPRIATION LIMIT CALCULATION
Item #
1 FY 22 Appropriation Limit 29,433,561$
2 Population Factor - Pismo Beach X 0.984336458
3 Subtotal =28,972,527$
4 California Per Capita Personal Income Factor X 1.0723000 5 Total Adjustment %X 1.0555040
6 FY 23 APPROPRIATION LIMIT (3) X (4)31,067,240$
7 Annual Adjustment in Dollars (1) X (5)1,633,680$
8 FY 2023 Appropriations Subject to Limit 28,874,106$
9 Over (Under) Limit (2,193,135)$

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9.D-5Council Agenda 6-7-2022
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9.D-6Council Agenda 6-7-2022
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9.D-7Council Agenda 6-7-2022
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9.D-8Council Agenda 6-7-2022
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E

SUBJECT/TITLE:

SETTING THE WATER SERVICE SPECIAL TAX RATE FOR FISCAL YEAR 2023 AT $214.48, AND APPROVING POSTING OF SAID TAX TO THE COUNTY ASSESSMENT ROLL

RECOMMENDATION:

Adopt a Resolution approving the updated Engineer’s Parcel/Equivalent Dwelling Unit (EDU) Table, setting the water service special tax rate for Fiscal Year 2023 at $214.48, and approving posting of said tax to the County assessment roll per Government Code Section 50077(b).

BACKGROUND:

In March 1997, Pismo Beach voters adopted the special water service tax as Article III of Chapter 13.08 of the Municipal Code to provide the necessary revenue to assure provision of an adequate supply of water to the citizens and to meet the City’s State Water and Lopez Water Fixed Financial Obligations, with an effective date beginning July 1, 1997.

Municipal Code Section 13.08.332.C. provides that the City Council shall each year set the water service tax rate by resolution. The maximum water service tax rate allowable by Municipal Code Section 13.08.332.B. (based on actual fixed costs and reserve restrictions), for Fiscal Year (FY) 2023 is $214.48 per equivalent dwelling unit (EDU), which is calculated by adjusting the FY 2022 maximum allowable rate per year ($208.24) by the lesser of the local Consumer Price Index (CPI) increase from March 2021 to March 2022 (8.50%), or the maximum annual CPI adjustment of 3.00%.

Based on estimated expenditures and other revenues, the Water Service Tax Revenue needed for FY 2023 is $2,274,412. Based on the Engineer’s count of 7,013.04 EDUs in the City for FY 2023 (Attachment 4), this FY 2023 revenue target equates to a target tax rate of $324.31 per EDU. Since the noted target tax rate of $324.31 is above the allowable maximum, the water tax rate for FY 2023 will be $214.48, the maximum allowable that can be used in the EDU Table, rounded down to an even number that can be divisible by two, per San Luis Obispo County’s assessment requirements. Calculations are provided as Attachment 2.

Municipal Code Section 13.08.331.D. requires that the Engineer’s Parcel/EDU Table be updated annually using the most current information available as of March 1 of each year, including the number of EDUs, and the amount of water tax levied on each parcel for the new fiscal year. The data in this table will be transmitted to the County as the official tax roll for the FY 2023 water service tax. Action must be taken prior to July 15, 2022 to meet the deadline for placing the new water tax rate on the FY 2023 County tax roll. An attached memorandum from the Public Works Engineering Division (Attachment 3) explains the changes in the EDU table.

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Conclusion and Recommendation
Staff recommends that Council adopt a Resolution (Attachment 1) approving the updated Engineer’s Parcel/EDU Table, setting the water service special tax rate for Fiscal Year 2023 at $214.48, and approving posting of said tax to the County assessment roll per Government Code Section 50077(b).

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution would result in $1.50 million of Water Service Tax revenues in the Water Tax Fund in FY 2023. Revenues generated by the Water Service Tax Rate provide funding for fixed and capital costs for obtaining State Water and San Luis Obispo County Water from the Lopez Dam, which is estimated to cost $2.13 million. Staff projects that the difference will be offset by Water Tax (Supply) Impact Fees and transfers from the Water Enterprise Fund.

ALTERNATIVES:

1. Do not approve the new rate of $214.48 per EDU for FY 2023; provide direction to staff.

ATTACHMENTS:

1. Resolution

2. Water Service Tax Rate Calculation spreadsheet for FY 2023

3. March 2022 CPI Calculation

4. Engineering Department Memo of “EDU Adjustments for FY 2022-23” Note: Engineer’s Parcel Table / EDU Table for all EDU’s is available in the Administrative Services Department.

Prepared by: Meeting Date: June 7, 2022
Marc Arroyo, Senior Management Analyst
Submitted by: Nadia Feeser, Administrative Services Director City Manager Approval:

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RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA APPROVING THE UPDATED ENGINEER’S PARCEL / EQUIVALENT

DWELLING UNIT (EDU) TABLE, SETTING THE WATER SERVICE SPECIAL TAX RATE FOR FISCAL YEAR 2023 AT $214.48, AND APPROVING POSTING OF SAID TAX TO THE COUNTY ASSESSMENT ROLL PER GOVERNMENT CODE 50077(b) WHEREAS, Section 13.08.331.D. of the Pismo Beach Municipal Code provides that an Engineer’s Parcel / Equivalent Dwelling Unit (EDU) Table shall be updated annually to provide the most current information as to each parcel within the city and shall constitute the official tax roll of the City for the water service special tax; and WHEREAS, Section 13.08.332.C. of the Pismo Beach Municipal Code provides that the City Council shall determine the method for billing and collection of the water service special tax; and
WHEREAS, Government Code 50077(b) provides that the City Council of the City of Pismo Beach may provide for the collection of the special tax in the same manner and subject to the same penalty of the City, and the County may deduct its reasonable costs incurred for the service before remittal of the balance to the City; and WHEREAS, effective administration of the water service special tax requires that authority be granted to the City Manager to make corrections to the Engineer’s Parcel / EDU Table.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach as follows:

1. The Engineer’s Parcel / EDU Table dated May 12, 2022, which updates the Parcel / EDU Table dated June 1, 2021, is hereby approved, subject to changes which may be made pursuant to the adjustment procedure set forth in Section 13.08.340 of the Pismo Beach Municipal Code, and to corrections which may be made pursuant to Section 4 below.

2. Pursuant to Section 13.08.332.C. of the Pismo Beach Municipal Code, the water service special tax rate for Fiscal Year (FY) 2023 is hereby set at $214.48 per EDU.

3. Pursuant to Section 13.08.360 of the Pismo Beach Municipal Code, the City Council hereby determines that the water service special tax shall be billed and collected through posting the tax to the assessment roll of the County of San Luis Obispo, except that for those taxpayers whose use is not associated with an Assessor’s Parcel Number (such as, but not limited to, the State of California with

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respect to highway irrigation meters) the tax shall be billed directly to the taxpayer by and payable to the City of Pismo Beach.

4. Pursuant to Government Code Section 50077(b), the City Council of the City of Pismo Beach may provide for the collection of the special tax in the same manner and subject to the same penalty as, or with, other charges and taxes fixed and collected by the County on behalf of the City, and the County may deduct its reasonable costs incurred for the service before remittal of the balance to the City.

5. The City Manager or his or her designee is hereby authorized to make changes to the Engineer’s Parcel / EDU Table to correct clerical errors or other errors in the application of Ordinance 97-03 to any parcel, and to take action necessary to correct the tax billing. Any such changes shall be reported to the City Council for Council acknowledgment at the next regular City Council meeting following the City Manager’s determination that a correction is warranted.

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 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

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Attachment 1
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City of Pismo Beach
Water Service Tax Rate Calculation for FY 2023
Balance Available at June 30, 2021 210,888$
FY 22 Projected Revenues
Water Tax 1,350,000$
State Water Buy-In - Building Permits 256,303
Transfer In from Water Enterprise Fund 50,000
Total FY 22 Revenues 1,656,303
Total FY 22 Funds Available 1,867,191
FY 22 Projected Expenditures
State Water - Gragg 160,000
State Water 1,250,000
Sub-total 1,410,000
Lopez 450,436
Transfer Out to Water Enterprise Fund -
Total FY 22 Expenditures 1,860,436$
Estimated Balance at June 30, 2022 6,754$
FY 23 Projected Revenues
Water Tax (To be Calculated)
State Water Buy-In 380,000
Transfer In from Water Enterprise Fund -
Total FY 23 Revenues 380,000
Total FY 23 Funds Available 386,754$
FY 23 Projected Expenditures
State Water - Gragg 189,000
State Water 1,500,000
Sub-total 1,689,000
Lopez 439,933
Total FY 23 Expenditures 2,128,933$
Estimated Balance at June 30, 2023 (1,742,179)$
Less Reserve (25% of FY 23 Expenditures)532,233
FY 23 Water Tax Revenue Needed 2,274,412$
Engineer's Count of EDU's for FY 23 7,013.04
Calculated Water Tax Rate Needed 324.31$ Per EDU Rate Cap per Municipal Code 214.49$ Per EDU FY 23 Water Tax Revenue at the Cap Rate 1,504,208$
Proposed Water Tax Rate for FY 23:214.48$ Per EDU Estimated Budget FY 23 Water Tax Revenue:1,504,549$

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March 2022 CPI Calculation

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9.E-7Council Agenda 6-7-2022
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.F

SUBJECT/TITLE:

TRAFFIC SAFETY COMMITTEE RECOMMENDATIONS TO CITY COUNCIL

RECOMMENDATION:

3. Receive a report on the items considered at the most recent Traffic Safety Committee meeting.

BACKGROUND:

The Traffic Safety Committee (TSC) met on May 12, 2022, and the following summary outlines the results of this meeting. The Public Works Department will implement the Traffic Safety Committee recommendations, unless otherwise directed by the City Council.

Item 1 – Traffic Calming on Irish Way

The TSC reviewed a request from a resident to implement traffic calming measures to prevent speeding on Irish Way.

TSC Recommendation:

A member of the HOA was in attendance and highlighted her primary concerns, explained what the HOA had done in the past to try to prevent speeding, and offered suggestions based on her research of the City’s Traffic Calming Handbook. She explained that her primary concern was the corner at the bottom of Shamrock Lane as it wraps around to meet Irish Way. She mentioned that most of the vehicles she sees exceeding the speed limit are delivery trucks.

The Committee discussed that stop signs cannot be used as a means of traffic calming.

They spoke about Botts’ Dots and the noise that this type of traffic calming device can bring to a residential neighborhood. The Committee expressed that they would want buy- in from adjacent residents and the hotel if they were to install Botts’ Dots at the corner of Shamrock Lane and Irish Way. The Battalion Chief noted that the suggestion of restricting vehicles from traveling down Shamrock Lane past the hotel would not be viable from an emergency response standpoint. The TSC asked if the HOA has written down delivery trucks who have been seen speeding and call the offices to complain. The TSC discussed adding striping to the street to alert drivers to slow around that curve.

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A motion was made to install a double yellow line around the knuckle, chevrons, and stencil “slow” on the street at the corner of Shamrock Lane and Irish Way and to add that striping to the Curb and Striping Atlas.

Motion by Ben Fine seconded by Paul Lee, to approve the TSC recommendation.

Passed: 6/0/1
Ayes: Ben Fine, Matt Downing, Erica Inderlied, Jeff Smith, Paul Lee, Dave Daguerre
Noes: None

Absent: Jim Lewis

Staff recommends that the City Council approve the TSC’s recommendation by adoption of a Resolution (Attachment 1).

Item 2 – Stop Sign on Frady Lane

The TSC discussed the new Bello Street Bridge opening and how the associated increased traffic has impacted the entrance to the Corporation Yard.

TSC Recommendation:

The TSC discussed the amount of commercial vehicles that come in and out of the facilities gate between 7:30 a.m. and 4:00 p.m. Monday through Friday. There is limited sight distance when exiting the Corporation Yard and turning on to Frady Lane. There are baseball fields within close proximity which increase traffic on Frady lane. Those baseball fields are used during the weekdays and weekends.

The TSC discussed that this 3-way stop would meet Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) requirements based on the line of slight issues from the Corporation Yard. If a 3-way stop were installed advanced warning signs would need to be added as well.

A motion was made to install a 3-way stop sign at Frady Lane and the entrance to the Corporation Yard with appropriate MUTCD advanced warning signage and to add that to the Curb and Striping Atlas.

Motion by Dave Daguerre seconded by Matt Downing, to approve the TSC recommendation.

Passed: 6/0/1
Ayes: Ben Fine, Matt Downing, Erica Inderlied, Jeff Smith, Paul Lee, Dave Daguerre
Noes: None

Absent: Jim Lewis

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Item 3 – Stop Sign on Ocean View Avenue
The TSC discussed the request to install a stop sign at Ocean View Avenue in light of the opening of the Bello Street Bridge.

TSC Recommendation:

The TSC discussed that most homes in that area seem to use an alternate outlet and that they do not see a need for the stop sign.

A motion was made to not take action at this time and monitor and observe the traffic patterns on the bridge before taking any action.

Motion by Jeff Smith seconded by Ben Fine, to approve the TSC recommendation.

Passed: 6/0/1
Ayes: Ben Fine, Matt Downing, Erica Inderlied, Jeff Smith, Paul Lee, Dave Daguerre
Noes: None

Absent: Jim Lewis
No action is required by City Council.

Item 4 – Skateboarding Restrictions
The TSC discussed the need for further skateboarding restrictions within the City of Pismo Beach.

TSC Recommendation:

The Police Chief Spoke about the pros and cons of having new restrictions. Currently there are two municipal codes which limit skateboarding. One prohibits any skateboarding in the downtown area, and the other restricts the use of reckless skateboarding throughout the city. A person found to be recklessly skateboarding can only be issued a citation if a Police Officer observes this behavior, where a citation can be written in the downtown area just for being on a skateboard. Adding a new ordinance with identifying restrictions based on the grade of a street would allow Police Officers to write citations for anyone standing on a skateboard, not necessarily being reckless, if signs were properly posted. The current ordinance covers the reckless skateboarding on these streets already.

Community Member spoke that he believes the current municipal code allows the Police to enforce reckless skateboarding and does not think a new ordinance is necessary. He does not think that a new ordinance would change much, other than have more signs installed.

The TSC discussed sign litter and when signs are put up, there are calls received to have them taken down or relocated.

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A motion was made to continue to work under the current ordinance which prohibits the use of reckless skateboarding throughout the city.

Motion by Jeff Smith seconded by Dave Daguerre, to approve the TSC recommendation.

Passed: 6/0/1
Ayes: Ben Fine, Matt Downing, Erica Inderlied, Jeff Smith, Paul Lee, Dave Daguerre
Noes: None

Absent: Jim Lewis
No action is required by City Council.

Item 5 – Public Comment Section
The TSC wanted to congratulate Dave Daguerre for serving another term on the Traffic Safety Committee.

No action is required by City Council on this item.

Conclusion and Recommendation
Staff recommends that the Council adopt the Resolutions provided as Attachment 1 and Attachment 2, which will authorize traffic calming measures at Shamrock Lane and Irish Way, and signage to enhance safety at the entrance to the Corporation Yard, respectively, along with authorizing the relevant updates to the Striping Atlas.

FISCAL IMPACT:

There is no fiscal impact associated with receiving this report or implementing the Committee’s recommendation.

ALTERNATIVES:

1. Do not adopt the Resolution and provide alternative direction to staff.

ATTACHMENTS:

1. Resolution – Street Markings

2. Resolution – Stop Sign
Prepared by: Meeting Date: June 7, 2022
Madeline Kacsinta, Engineering Technician
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

9.F-4Council Agenda 6-7-2022
Packet Page 47

RESOLUTION NO. R-2022-XXX

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

CALIFORNIA AUTHORIZING THE INSTALLATION OF A DOUBLE YELLOW LINE AROUND THE KNUCKLE, CHEVRONS, AND STENCILING “SLOW” ON THE STREET AT THE CORNER OF SHAMROCK LANE AND IRISH WAY; AND

AUTHORIZING ASSOCIATED UPDATES TO THE STRIPING ATLAS
WHEREAS, the Traffic Safety Committee (TSC) met on May 12, 2022; and WHEREAS, the corner of Irish Way and Shamrock Lane has been an area of concern to the neighborhood’s Homeowners’ Association (HOA) due to speeding vehicles; and WHEREAS, the HOA reports most of the vehicles seen speeding are delivery trucks; and WHEREAS, the TSC recommends adding striping to the street to alert drivers to the slow around that curve; and
WHEREAS, the added striping will need to be reflected in an update to the City’s Striping Atlas.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the installation of striping, chevrons, and the wording "SLOW" at the corner of Shamrock Lane and Irish Way as recommended by the TSC.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the curb and traffic markings to be recorded in the 2022 Striping Atlas on file in the Engineering Division.

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 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

9.F-5Council Agenda 6-7-2022
Attachment 1
Packet Page 48

RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE INSTALLATION OF A 3-WAY STOP SIGN ON

FRADY LANE AND THE ENTRANCE TO THE CITY CORPORATION YARD, WITH APPROPRIATE MUTCD ADVANCED WARNING SIGNAGE; AND AUTHORIZING

ASSOCIATED UPDATES TO THE STRIPING ATLAS
WHEREAS, the reconstructed Bello Street Bridge is now open to through traffic; and WHEREAS, the entrance to the City’s Corporation Yard and the baseball fields are in close proximity to the new bridge; and
WHEREAS, there are many commercial vehicles that come in and out of the Corporation Yard gate during the workday; and
WHEREAS, there is limited sight distance when exiting the Corporation Yard and turning onto Frady Lane; and
WHEREAS, the baseball fields are used on both weekdays and weekends, increasing traffic on Frady Lane; and
WHEREAS, the added signage will need to be reflected in an update to the City’s Striping Atlas.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the installation of a 3-way stop sign on Frady Lane and the entrance to the City Corporation Yard, with appropriate MUTCD advanced warning signage.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the curb and traffic markings to be recorded in the 2022 Striping Atlas on file in the Engineering Division.

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 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

9.F-6Council Agenda 6-7-2022
Attachment 2
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.G

SUBJECT/TITLE:

AGREEMENT WITH OLIN CORP FOR SUPPLY OF SODIUM HYPOCHLORITE

RECOMMENDATION:

EXECUTIVE SUMMARY/BACKGROUND:

Sodium Hypochlorite (NaCIO) is used in the City’s Wastewater Treatment Plant as a source of chlorine for disinfectant as part of the treatment process. The current contract for sodium hypochlorite will expire on June 30, 2022. A Request for Proposals (RFP) was advertised on April 18, 2022. A total of three proposals were received on May 12, 2022.

The proposals were reviewed through a competitive process by a panel of City staff. Olin Corp, which submitted the lowest per-gallon cost proposal, has been selected to provide sodium hypochlorite. The new contract will be effective from July 1, 2022 to June 30, 2023, with three options for a one-year extension upon mutual agreement.

Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement (Attachment 2) with Olin Corp in the amount of $2.083 per gallon, not to exceed $103,109.00 in Fiscal Year 2023 to provide the supply of sodium hypochlorite for the City of Pismo Beach, and appropriate related budget adjustments.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution is an additional not-to-exceed cost of $103,109 in the Wastewater Enterprise Fund in Fiscal Year (FY) 2023. This amount represents the $2.083 per gallon NaCIO.

The FY 2023 Wastewater Enterprise Fund, Wastewater Operations Activity, Chlorine account includes $65,000 for the supply of sodium hypochlorite contract. Awarding this contract will result in a budget shortfall of $38,109. In order to cover the budget shortfall, staff recommends that Council appropriate $38,109 in the Wastewater Enterprise Fund, Wastewater Operations Activity, Chlorine account in FY 2023, using available Wastewater Enterprise Fund net position (available fund balance).

9.G-1Council Agenda 6-7-2022
Packet Page 50

FY 2023 Wastewater Enterprise Fund Chlorine Budget $65,000 Olin Corporation Contract cost per year $103,109
Budget Shortfall $(38,109)
FY 2023 Appropriate Additional Chlorine Budget $38,109
Remaining Budget $0
ALTERNATIVES:

1. Do not authorize the Resolution and provide staff with direction of how to proceed.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Olin Corporation Cost Proposal

2. Olin Corporation Vendor Agreement
Prepared by: Meeting Date: June 7, 2022
Kristin Bennet, Administrative Secretary, Public Works
Approved by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

9.G-2Council Agenda 6-7-2022
Packet Page 51

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 AN

AGREEMENT WITH OLIN CORPORATION, DBA OLIN CHLOR ALKALI PRODUCTS AND VINYLS (OLIN CORP) IN THE AMOUNT OF $2.083 PER GALLON, NOT TO EXCEED $103,109.00 IN FISCAL YEAR 2023, TO PROVIDE SODIUM

HYPOCHLORITE FOR THE WASTEWATER TREATMENT, AND APPROPRIATING

RELATED BUDGET ADJUSTMENTS
WHEREAS, Sodium Hypochlorite (NaCIO) is used in the City’s Wastewater Treatment Plant as a source of chlorine for disinfectant as part of the treatment process; and WHEREAS, the current contract for the supply of sodium hypochlorite will expire on June 30, 2022; and
WHEREAS, a Request for Proposals (RFP) was advertised and a total of three proposals were received on May 12, 2022; and
WHEREAS, the proposals were reviewed through a competitive process by a panel of City staff and the lowest-cost proposal, from Olin Corporation, dba Olin Chlor Alkali Products (Olin Corporation), has been selected to provide Sodium Hypochlorite.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into an agreement with Olin Corporation in the amount of $2.083 per gallon, not to exceed $103,109.00 in Fiscal Year 2023, to provide the supply of Sodium Hypochlorite for the Wastewater Treatment Plant in the City of Pismo Beach (Exhibit A).

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $38,109 in the Wastewater Enterprise Fund, Wastewater Operations Activity, Chlorine account in FY 2023, using available Wastewater Enterprise Fund net position (available fund balance).

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 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

9.G-3Council Agenda 6-7-2022
Attachment 1
Packet Page 52

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

9.G-4Council Agenda 6-7-2022
Attachment 1
Packet Page 53

CONTRACT COST PROPOSAL
i:

Supply of Sodium Hypochlorite at 12.5%
Description of Item Price per Fee
gallon

12.5 wt%Sodium Hypochlorite 1.929x
approx.4400-4800 gals. per delivery
Price is firm for only year one(1)of the two year term.

Second year pricing to be reviewed and mutually agreed_ upon in May,2023.

Sales Tax @ 8% 0.154
Total Per gallon Fee 2.083/gal.includes tax)
Signature of Authorized Representative: Date:
6/ -( 22i
John M. Schabacker, Business Director
Note: Olin's proposal is conditional upon acceptance of our corporate insurance program coverages , as reflected in the attached insurance accord.
15 9.G-5Council Agenda 6-7-2022
Attachment 1A
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CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES

This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Olin Corporation, dba Olin Chlor Alkali Products and Vinyls (“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:

Supply of Sodium Hypochlorite

VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR

VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.

VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. CITY’s City Manager may approve additional work not to exceed thirty thousand dollars ($30,000.00). Any additional work in excess of this amount shall be approved by the City Council. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.

II. TERM

Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through June 30, 2023. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, up to three (3) years.

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 $2.083 per gallon, not to exceed one hundred three thousand one hundred nine dollars ($103,109), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II,

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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 Utilities Manager 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.

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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.

G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.

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XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING

This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.

The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.

XX. INTERPRETATION

The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.

XXI. SEVERABILITY

If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.

XXII. TIME OF ESSENCE

Time is of the essence in the performance of this AGREEMENT.

XXIII. GOVERNING LAW; JURISDICTION

This AGREEMENT will be administered and interpreted under the laws of the State of California.

Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.

XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS

VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.

XXV. WAIVER OF BREACH

No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.

XXVI. ATTORNEY’S FEES

Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party

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will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.

XXVII. EXHIBITS

All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.

In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.

XXVIII. VENDOR’S AUTHORITY TO EXECUTE

The persons executing this AGREEMENT on behalf of the VENDOR warrant that:

A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.

XXIX. INTEGRATION; AMENDMENT

This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.

Signatures begin on next page.

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CITY:

City of Pismo Beach, a Municipal Corporation

Signed:

Name: Benjamin A. Fine
Title: Public Works 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:

Olin Corporation, dba Olin Chlor Alkali Products
and Vinyls

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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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.H

SUBJECT/TITLE:

CALLING NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION; REQUEST TO

BOARD OF SUPERVISORS FOR CONSOLIDATION

RECOMMENDATION:

BACKGROUND:

A General Municipal Election will be held in the state of California on November 8, 2022.

As a city that does not conduct standalone elections, Pismo Beach requests consolidation with San Luis Obispo County's Consolidated General Election activities in every even- numbered year.

In 2022, the City of Pismo Beach will hold an election for a Mayor for a two-year term, and two City Council Members for a four-year term, all elected by and from among the City's registered voters, to represent the City as a whole. The formal nomination period for candidates will run from July 18 through August 12, 2022, and the filing deadline will be extended to August 17, 2022 if an incumbent does not file.

Calling the Election; Requesting Consolidation
The Resolution provided as Attachment 1 calls the election in accordance with California Elections Code. The Resolution provided as Attachment 2 requests that the Board of Supervisors direct the County Clerk-Recorder's Office Elections Division to consolidate the City's 2022 General Elections activities. Services provided by the County in a consolidated election include ballot creation, printing, mailing, collection, and counting, voter registration, and polling site operation. The City’s request for consolidation commits to reimbursing the County for its costs associated with consolidation.

Runoff Election Provision
Section 7 of the Resolution calling the election (Attachment 1) says that the City shall hold a Special Runoff Election in the event two or more candidates for any seat are tied for the highest number of votes. Should the Council not wish to resolve a tie vote with a runoff election, it may direct staff to remove this provision, in which case such a tie would be resolved by a coin flip or other random method, in accordance with Elections Code §15651(a).

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Candidates' Statement Regulations
In June 2018, concurrent with the calling of the election to be held in November of that year, the City Council adopted Resolution R-2018-042 (Attachment 3) setting the City’s Candidate Statement Regulations. At this time, staff does not recommend any further revisions to this policy. Should the Council wish to make revisions, however, it may direct staff to return with a revised policy at the next available meeting.

Conclusion
Staff recommends that the City Council adopt Resolutions calling the November 2022 General Municipal Election and authorizing a runoff election in the event of a tie (Attachment 1), and requesting San Luis Obispo County's election consolidation services (Attachment 2).

FISCAL IMPACT:

Estimated costs of $12,100 for the 2022 Election have been incorporated into the adopted Fiscal Year 2023 budget. The actual cost to the City of the election, including costs to the County that are reimbursed by the City, will depend upon on the number of individuals who file for candidacy, among other factors. The fee paid by the City to the County for the November 2020 election was $12,453.93, which included 7 candidates and one ballot measure. Because the City does not have a local measure on the November 2022 ballot, staff considers it unlikely that actual costs for 2022 will exceed the budgeted $12,100. In the event the amount due to the County exceeds $12,100, additional funds to cover the costs will need to be appropriated and staff will return at a future date to do so.

ALTERNATIVES:

1. Decline to adopt a Resolution calling the 2022 General Municipal Election; provide direction to staff. This alternative is not recommended in that the Council must adopt this Resolution in order to comply with state law.

2. Decline to adopt a Resolution requesting consolidation with the County; provide direction to staff. This alternative is not recommended in that staff does not foresee the launch of a timely standalone election to be feasible.

3. Direct staff to return with a Resolution revising the City’s Candidates' Statement regulations.

ATTACHMENTS:

1. Resolution calling the election

2. Resolution requesting County consolidation

3. R-2018-042 establishing existing candidate statement regulations Submitted by: Erica Inderlied, City Clerk Meeting Date: June 7, 2022 City Manager Approval:

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RESOLUTION NO. R-2022-XXX

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

CALIFORNIA CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION

OF CERTAIN OFFICERS AS REQUIRED BY THE LAWS OF THE STATE OF

CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 8, 2022 for the election of Municipal Officers.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Pismo Beach, California, on Tuesday, November 8, 2022 a General Municipal Election for the purpose of electing a Mayor for the full term of two (2) years, and two (2) Members of the City Council for the full term of four (4) years.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate with the San Luis Obispo County Clerk-Recorder to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the voting sites for the election shall be open at such hours and on such days as determined by the San Luis Obispo County Clerk Recorder (Registrar of Voters), provided that the opening and closure of voting sites is conducted in accordance with Sections §10242 and §14401 of the Elections Code of the State of California.

SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the San Luis Obispo County Clerk-Recorder, the City Council, in accordance with Elections Code §15651(b), shall

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conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.

SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

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 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

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PAGE 1 OF 2
R-2022-___
RESOLUTION NO. R-2022-XXX

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

CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF

SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE, PURSUANT TO ELECTIONS CODE SECTION 10403 WHEREAS, the City Council of the City of Pismo Beach has adopted Resolution R-2022- XXX, calling a Municipal Election to be held on November 8, 2022 for the purpose of electing a Mayor for the full term of two (2) years, and two (2) Members of the City Council for the full term of four (4) years; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General election to be held on the same date and that within the city the precincts, polling places/voting sites and election officers of the two elections be the same, and that the elections division of San Luis Obispo County canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of San Luis Obispo County is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022 for the purpose of electing a Mayor for the full term of two years, and two Members of the City Council for the full term of four years.

SECTION 2. That the San Luis Obispo County Clerk-Recorder Elections Division is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election.

SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Elections Division to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. That the City of Pismo Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs upon presentation of a properly-submitted bill.

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SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the San Luis Obispo County Elections Division.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

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 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

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B.Printing.

1.The candidate shall be required to pay for the cost of printing and/or electronically distributing the candidate's statement in English.

2.The candidate shall be required to pay for the cost of printing and/or electronically distributing the candidate's statement in any language other than English required by federal or state law or otherwise desired by the candidate.

C.The City Clerk shall estimate the total cost of printing, handling, translating, mailing, and/or electronically distributing the candidate's statements filed pursuant to Elections Code §13307, including costs incurred as a result of complying with the Voting Rights Act of 1965, as amended, and require each candidate filing a statement to pay to the local agency, at the time the candidate's nomination papers are submitted, his or her estimated pro rata share of the cost as a condition of having his or her statement included in the voter information guide and/or electronically distributed.

The receipt for the payment shall include a notice that the estimate is an approximation of the actual cost, which varies from one election to another and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.

SECTION 5. The City Clerk shall provide each candidate or candidate's representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 6. All previous resolutions establishing Council policy on candidates' statements are hereby repealed, including, but not limited to, Resolution R-2000-40.

SECTION 7. This Resolution shall apply at the next ensuing municipal election and at each municipal election after that time, unless superseded or repealed.

SECTION 8. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

UPON MOTION OF Council Member Reiss, seconded by Council Member Blake, the foregoing resolution was passed, approved, and adopted by the City Council of the City of Pismo Beach this 5th day of June 2018, by the following vote:

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R-2018-042

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

AGREEMENT WITH CLEANSTREET LLC FOR STREET SWEEPING SERVICES RECOMMENDATION:

EXECUTIVE SUMMARY/BACKGROUND:

Street sweeping prevents pollutants and litter from entering the City’s storm drains and is a requirement for the City’s Municipal Separate Storm Sewer System (MS4) Permit. It is an essential part of keeping the City streets clean, healthy, and free of dirt and debris. In addition, improving the appearance of public and residential streets, regularly cleaned gutters can prevent slip and falls throughout the city.

The current street sweeping contract will expire on June 30, 2022. A bid was advertised on April 18, 2022. One bid was received on May 12, 2022 in the amount of $164,982.60 from CleanStreet, LLC (CleanStreet). Staff has verified CleanStreet’s qualifications, and recommends the Council adopt a Resolution (Attachment 1) awarding a contract to CleanStreet in the amount of $164,982.60. The proposed contract (Attachment 2) will be effective from July 1, 2022 to June 30, 2026, with the option of two additional, two-year extensions.

Conclusion and Recommendation
Due to the requirement of the City’s MS4 Stormwater Permit, staff recommends the adoption of the Resolution provided as Attachment 1, to continue street sweeping services in the city of Pismo Beach.

FISCAL IMPACT:

The fiscal impact of awarding this contract is $164,982.60 per year for four years, or a total of $659,930.40 over the four-year term, during Fiscal Year (FY) 2023 through FY 2026.

The FY 2023 General Fund Budget for Public Works Department, Streets Activity includes $104,494.56 for the street sweeping services. This budget supports both the streets and parking lot sweeping services. The FY 2023 parking lot street sweeping service was awarded in the amount of $56,265. Awarding this CleanStreet contract of $164,982.60 per year would result in a budget shortfall of $116,753.04 in FY 2023. The following table illustrates the budget, projected contract amounts, and the resulting budget shortfall.

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FY 2023 Budget
General Fund Budget for Street & Parking Lot Sweeping Services $104,494.56 Projected Costs
Parking Lot Sweeping Services $56,265.00
Proposed CleanStreet, LLC Sweeping Contract $164,982.60 Total Projected Costs $221,247.60
Budget Shortfall $(116,753.04)
The Parking Enterprise Fund includes revenues from the paid parking zone, of which those funds can be used to maintain off-street parking facilities in the city. As such, staff recommends that Council shift the parking lot sweeping services contract and amount of $56,265.00 from the General Fund to the Parking Enterprise Fund contract services account, including appropriating $56,265 in the Parking Enterprise Fund contract services account using available Parking Enterprise Fund net position (available fund balance) in FY 2023.

In order to close the remaining shortfall of $60,488.04 (Budget $104,494.56 less the proposed street sweeping contract with CleanStreet, LLC of $164,982.60), staff recommends transferring General Fund contingency budget to the Public Works Streets Activity contract services account.

ALTERNATIVES:

1. Provide staff with direction of how to proceed.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: CleanStreet Bid Schedule

2. CleanStreet Vendor Agreement
Prepared by: Meeting Date: June 7, 2022
Kristin Bennet, Administrative Secretary, Public Works
Approved by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

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RESOLUTION NO. R-2022-XXX

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL

SERVICES AGREEMENT WITH CLEANSTREET, LLC IN THE AMOUNT OF $164,982.60 ANNUALLY TO PROVIDE STREET SWEEPING SERVICES THROUGH JULY 2026 AND APPROPRIATING RELATED BUDGET ADJUSTMENTS
WHEREAS, street sweeping prevents pollutants and litter from entering the City's storm drains and is a mandatory requirement for the City's “MS4” Stormwater Permit; and WHEREAS, a bid was advertised April 18, 2022 and one bid was received in the amount of $164,982.60; and
WHEREAS, the bid from CleanStreet, LLC has been selected as the lowest responsible bid; and
WHEREAS, the new contract will be effective from July 1, 2022 to June 30, 2026, with the possibility of two additional, two-year extensions; and WHEREAS, the City’s Fiscal Year 2023 budget allocates $104,494.56 for street sweeping and parking lot sweeping services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into an agreement with CleanStreet, LLC to provide street sweeping for the contract amount of $164,982.60 annually from July 1, 2022 to June 30, 2026; with the possibility of two additional, two-year extensions (bid schedule provided as Exhibit A).

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby shifts the parking lot sweeping services budget and contract of $56,265.00 from the General Fund to the Parking Enterprise Fund contract services account, including appropriating $56,265 in the Parking Enterprise Fund contract services account using available Parking Enterprise Fund net position (available fund balance) in FY 2023.

BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby transfers $60,488.04 from the General Fund contingency budget to the Public Works Streets Activity contract services account to support the street sweeping contract 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 7th day of June 2022, by the following vote:

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AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

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Vendor Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES
This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and CleanStreet, LLC (“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:

Street sweeping services in 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.

II. TERM
Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date July 1, 2022 through and including June 30, 2026. Upon mutual written agreement, the term of this AGREEMENT can be extended under the same terms for up to two (2), two-year periods.

III. COMPENSATION
A. VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of one hundred sixty-four thousand nine hundred eighty-two dollars and sixty cents ($164,982.60) per year, or six hundred fifty- nine thousand nine hundred thirty dollars and forty cents ($659,930.40) over the four- year term, unless otherwise first approved in writing by CITY. Should this AGREEMENT be 2 of 12
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extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.

B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses.

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.

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 Facilities Manager is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.

VIII. VENDOR REPRESENTATIVE(S)
The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.

IX. INDEPENDENT CONTRACTOR
VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

X. BUSINESS LICENSE
VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.

XI. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.

XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.

B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the 4 of 12
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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.

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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