Agenda packet — Pismo Beach City Council, August 2, 2022

Page 1 of 7 ends

AGENDA
Pismo Beach City Council
Tuesday, August 2, 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: Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, 93449

0. HYBRID MEETING INSTRUCTIONS:

To continue conducting the people’s business within San Luis Obispo County, State of California, and CDC health and safety guidelines, these meetings are being conducted in a hybrid format with both in-person and virtual public participation. Ways to watch this meeting and submit public comment are provided below.

Watch and participate in person:
• Regular Meeting: Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. • To make Regular Meeting public comment, please submit an optional blue “speaker slip” to staff; the Mayor will ask you to approach the lectern to speak during the public comment period on your item of interest. • To make Closed Session public comment, please be present in the Chamber at the start of Closed Session; the Mayor will call for public comment prior to commencing the closed proceedings.

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:
• In advance of the meeting, written comments may be emailed to [email protected] or mailed or delivered to the City Clerk’s Office, 760 Mattie Road, Pismo Beach, CA 93449. During the meeting no later than the start of the comment period for your item of interest, written comment may be hand-delivered to staff in the Council Chamber. Comment submitted via email after the start of the meeting may not be fully considered prior to any action taken on the item.

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 8-2-2022

Pismo Beach City Council Agenda August 2, 2022

Page 2 of 7 ends

Special Closed Session—5:00 p.m.

Administration Conference Room, City Hall, 760 Mattie Road, Pismo Beach, CA 93449

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 Real Property Negotiators (Government Code §54956.8) Agency Negotiator: Jorge Garcia, Acting City Manager
Property and Negotiating Party:
060-541-006 550 Farroll Road, Grover Beach Phyllis E. Blastervold Living Trust Under Negotiation: Price and Terms of Payment

4. CLOSED SESSION REPORT

5. ADJOURNMENT

Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, August 2, 2022 Council Chamber, City Hall

Council Agenda 8-2-2022

Pismo Beach City Council Agenda August 2, 2022

Page 3 of 7 ends

Regular Meeting—5:30 p.m.

Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 Zoom Meeting ID: 848 2371 5585 – Phone Number (669) 900-6833

CALL TO ORDER: Mayor Waage

1. ROLL CALL:

Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Blake, Guthrie, Newton

2. PLEDGE OF ALLEGIANCE

3. ACCEPTANCE OF AGENDA

4. PRESENTATIONS

Item 4.A: Presentation: Pismo FAST Development Permitting Process (Downing)

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 8-2-2022

Pismo Beach City Council Agenda August 2, 2022

Page 4 of 7 ends

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:

1. Adopt Minutes of the July 7, 2022 Special Workshop;

2. Adopt Minutes of the July 19, 2022 Regular and Closed Meeting.

Item 9.B: Payroll Register (Feeser)

Recommendation:

Approve the Summary of Payroll Register for July 17, 2022.

Item 9.C: Agreement with Quincy Engineering, Inc. for Traffic Signal Design at Bello Street and Price Canyon Road (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Quincy Engineering, Inc. in the amount of $291,000 for the design of the Bello Street and Price Canyon Road Signalization project.

Item 9.D: Second Reading (Adoption) of Ordinance Amending Council Member Compensation (Inderlied)

Recommendation:

Introduce an Ordinance amending Chapter 2.04, Section 2.04.020: Salaries Designated, of the City of Pismo Beach Municipal Code, relating to Council Member and Mayor compensation.

Council Agenda 8-2-2022

Pismo Beach City Council Agenda August 2, 2022

Page 5 of 7 ends

Item 9.E: Adoption of Findings Relating to AB 361 (Virtual Meetings) (Inderlied)

Recommendation:

Adopt the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:

1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.

2. The following circumstances exist:
• State or local officials continue to impose or recommend measures to promote social distancing.

10. ITEMS PULLED FROM CONSENT CALENDAR

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

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: Protest Hearing and Certification of Weed Abatement Charges for Forwarding to the County of San Luis Obispo for Placement on 2022 Property Tax Rolls (Lee)

Recommendation:

1. Conduct a Public Hearing to hear protests from property owners regarding weed abatement charges;

2. Provide direction to staff on reduction or elimination of weed abatement charges for identified lot(s), if desired;

3. Adopt a Resolution certifying the amount of abatement proceedings for grass, weeds, and rubbish pursuant to Resolution R-2022-025, to be filed with San Luis Obispo County Tax Rolls, as indicated by Assessor Parcel Number per Health & Safety Code Section 14912.

Item 11.B: Extension of Interim Urgency Ordinance Imposing a Citywide Moratorium Prohibiting the Issuance of Short-Term Rental Licenses Pursuant to Government Code Section 65858 (Downing)

Recommendation:

1. Conduct a Public Hearing to receive input on the extended urgency ordinance;

2. Adopt an Extended Interim Urgency Ordinance imposing a moratorium on the issuance of short-term rental licenses pursuant to Government Code Section 65858.

Council Agenda 8-2-2022

Pismo Beach City Council Agenda August 2, 2022

Page 6 of 7 ends

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

Item 12.A: Information Technology (IT) Project Update (Feeser)

Recommendation:

No action required; information only.

Item 12.B: Review of Code of Ethics for City Council and Advisory Body Members (Garcia)

Recommendation:

Conduct a review of the City’s Code of Ethics for City Council and Advisory Body Members, and provide direction to staff if desired.

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
Special Meeting 4:00 p.m. Tuesday, August 16, 2022 Council Chamber, City Hall Regular Meeting 5:30 p.m. Tuesday, August 16, 2022 Council Chamber, City Hall Regular Council meetings will adjourn by 11:00 p.m. unless four-fifths of the Council votes to continue past that time. If the meeting is adjourned at 11:00 p.m., any remaining agenda items will be continued to the next regular meeting (R-97-04).

AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the August 2, 2022 meeting(s) of the Pismo Beach City Council was posted on July 28, 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.

Council Agenda 8-2-2022

Pismo Beach City Council Agenda August 2, 2022

Page 7 of 7 ends

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 8-2-2022

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

ADOPTION OF MEETING MINUTES
RECOMMENDATION:

1.Adopt Minutes of the July 7, 2022 Special Workshop;

2.Adopt Minutes of the July 19, 2022 Regular and Closed Meeting.

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 July 7, 2022 Special Workshop

2.Minutes of the July 19, 2022 Regular and Closed Meeting Meeting Date: August 2, 2022 Submitted by: Erica Inderlied, City Clerk Acting City Manager Approval:

9.A-1Council Agenda 8-2-2022
Packet Page 1

DRAFT MINUTES
Pismo Beach City Council
Thursday, July 7, 2022
Special Meeting—9:00 a.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: 9:06 a.m.

1. ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss (via teleconference)
Council Member Sheila Blake
Council Member Marcia Guthrie
Council Member Scott Newton
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
Other staff present as noted below

2. PUBLIC COMMENT PERIOD
Call for public comment:

The following commented:

Marilee Hyman
Stacy Inman
Dave Daguerre
Effie McDermott

9.A-2Council Agenda 8-2-2022
Attachment 1
Packet Page 2

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

Discuss and provide direction to staff on a potential “Option C” site layout for the Public Safety Facility Project.

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:

Gary Campbell, Manns Woodward Architects
Mary McGrath, Mary McGrath Architects
Rob Nash, Vanir Construction Management
Action: Provide the following direction to staff:

1. Issue a contract amendment with Mary McGrath Architects as needed to pursue a new “Option D,” for a site layout that incorporates the relocation of the Police Department to the corner of Bello Street and Wadsworth Avenue, with an expanded/remodeled Fire Station and travel lanes for fire apparatus utilizing the remainder of the site to the northeast and southeast.

2. Refine “Option C” to locate Fire Department living space on the first floor of the second-story portion of the building, and relocate the “shared” space to the Police Station addition, enlarging the Police Station addition as necessary.

Motion: Waage
Second: Newton
Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

4. CITY COUNCIL COMMENTS AND REQUESTS
No requests.

9.A-3Council Agenda 8-2-2022
Attachment 1
Packet Page 3

5. ADJOURNMENT
At 12:33 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

9.A-4Council Agenda 8-2-2022
Attachment 1
Packet Page 4

DRAFT MINUTES
Pismo Beach City Council
Tuesday, July 19, 2022
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
Mayor Waage led the Pledge of Allegiance.

3.ACCEPTANCE OF AGENDA
No requests to reorder the agenda.

9.A-5Council Agenda 8-2-2022
Attachment 2
Packet Page 5

4. PRESENTATIONS

Item 4.A: Proclamation: Parks & Recreation Month

Presented to Colleen Cashmore-Ghiglia, Recreation Manager.

5. PUBLIC COMMENT PERIOD

Call for public comment: No comment.

6. CITY MANAGER’S REPORT

City Manager Lewis commented on various topics.

7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT

City Attorney Fleishman had nothing to report.

8. COUNCIL COMMITTEE REPORTS

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

Mayor Waage:

San Luis Obispo County Community Fire Safe Council.

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

League of California Cities Coastal Cities Group.

9. CONSENT CALENDAR

Call for public comment:

Stacy Inman commented on Item 9.G.

Action: Adopt Consent Calendar.

Motion: Guthrie
Second: Newton

Vote: The motion passed on the following vote (Items 9.A through 9.E; Item 9.H):

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

Absent: 0
Abstain: 0
Recused: 0

9.A-6Council Agenda 8-2-2022
Attachment 2
Packet Page 6

(Items 9.F and 9.G):

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

Absent: 0
Abstain: 0
Recused: 0

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

Recommendation:

Adopt Minutes of the June 21, 2022 Regular Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for June 19, 2022 and July 3, 2022;

2. Approve the Register of Demands for June 3, 2022, June 10, 2022, June 17, 2022, June 24, 2022, June 30, 2022, and July 1, 2022.

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

Recommendation:

No action required; information only.

Item 9.D: Paid Parking Quarterly Update – Fourth Quarter of Fiscal Year 2022 (Downing)

Recommendation:

Receive report; information only.

Item 9.E: Department Activity Reports for June 2022 (All)

Recommendation:

Receive reports as information only.

Item 9.F: City Council Automobile Allowance Policy (Garcia)

Recommendation:

Adopt a Resolution enacting an Automobile Allowance Policy to reimburse City Council Members and the Mayor for actual and necessary expenses.

Legislative Record: Resolution R-2022-066 adopted.

9.A-7Council Agenda 8-2-2022
Attachment 2
Packet Page 7

Item 9.G: Purchasing Policy Updates to Reflect Assembly Bill 1234 Regarding Council Expense Reimbursement (Feeser)

Recommendation:

Adopt a Resolution updating the City of Pismo Beach Purchasing Policy and Procedures Manual to reflect Assembly Bill 1234 regarding Council expense reimbursement; rescinding Resolutions R-2021-100 and R-2002- 064.

Legislative Record: Resolution R-2022-067 adopted.

Item 9.H: Adoption of Findings Relating to AB 361 (Virtual Meetings) (Inderlied)

Recommendation:

Adopt the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences.

1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.

2. The following circumstances exist:
• State or local officials continue to impose or recommend measures to promote social distancing.

10. ITEMS PULLED FROM CONSENT

None.

11. PUBLIC HEARINGS

None.

12. BUSINESS ITEMS

Item 12.A: Extending the Appointment of CalPERS Retiree to Serve as Extra Help on an Interim Basis (Garcia)

Recommendation: Adopt a Resolution extending the appointment of Deborah Di Bianca as an Interim Administrative Assistant pursuant to Government Code Section 21224.

Presenting staff:

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

Call for public comment: No comment.

9.A-8Council Agenda 8-2-2022
Attachment 2
Packet Page 8

Action: Adopt a Resolution extending the appointment of Deborah Di Bianca as an Interim Administrative Assistant pursuant to Government Code Section 21224.

Motion: Reiss
Second: Newton

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2022-068 adopted.

Item 12.B: Introduction (First Reading) of Ordinance Amending Council Member Compensation (Garcia)

Recommendation: Introduce an Ordinance amending Chapter 2.04, Section 2.04.020: Salaries Designated, of the City of Pismo Beach Municipal Code, relating to Council Member and Mayor compensation.

Presenting staff:

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

Call for public comment:

Stacy Inman commented.

Action: Introduce an Ordinance amending Chapter 2.04, Section 2.04.020:

Salaries Designated, of the City of Pismo Beach Municipal Code, relating to Council Member and Mayor compensation.

Motion: Guthrie
Second: Newton

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Ordinance O-2022-XXX introduced.

9.A-9Council Agenda 8-2-2022
Attachment 2
Packet Page 9

13. CITY COUNCIL COMMENTS AND REQUESTS

Consensus among a majority of the Council to direct staff to return with an agenda item allowing for the review of the City’s Code of Ethics for Council Members and Advisory Body Members.

14. ADJOURNMENT

At 6:15 p.m., to the scheduled Closed Session meeting.

9.A-10Council Agenda 8-2-2022
Attachment 2
Packet Page 10

Special Closed Session—Immediately Following Regular Meeting 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 6:19 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:

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

2. PUBLIC COMMENT PERIOD

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

3. ANNOUNCEMENT OF CLOSED SESSION ITEMS

City Attorney Fleishman announced the Closed Session item listed below.

Item 3.A: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: V. Lopez Jr. & Sons General Engineering Contractors, Inc. vs. City of Pismo Beach
San Luis Obispo Superior Court Case No. 20CV-0652

4. CLOSED SESSION REPORT

City Attorney Fleishman reported that no reportable action was taken on the above item.

5. ADJOURNMENT
At 6:35 p.m.

9.A-11Council Agenda 8-2-2022
Attachment 2
Packet Page 11

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

9.A-12Council Agenda 8-2-2022
Attachment 2
Packet Page 12

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

PAYROLL REGISTER
RECOMMENDATION:

Approve the Summary of Payroll Register for July 17, 2022.

BACKGROUND:

Attached is the Summary of Payroll Register noted above, provided for Council approval.

FISCAL IMPACT:

As demonstrated in the attached payroll register.

ALTERNATIVES:

1.Request additional information from staff.

ATTACHMENTS:

1.Payroll Summary
Submitted by: Meeting Date: August 2, 2022
Nadia Feeser, Administrative Services Director / City Treasurer Acting City Manager Approval:

9.B-1Council Agenda 8-2-2022
Packet Page 13

FOR PERIOD ENDING 07/17/22
CHECKS DATED 07/22/22
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 10
ACH 128

EARNINGS
REGULAR 369,375.09
HOLIDAY 4,606.68
OVERTIME (Includes Comp Time Payouts)21,321.33
Administration 70.48
Building 205.40
Conference & Visitors Bureau 324.05
Police Department 12,881.13
Parking ‐
Engineering ‐
Fire ‐
Recreation ‐
Public Works 4,318.67
Water 1,549.53
Wastewater 1,972.07
Motor Vehicles
Subtotal‐Overtime 21,321.33$
SALARY ADJUSTMENTS ‐
TRAINING / UNIFORM ALLOWANCE 757.00
OTHER EARNINGS 13,893.30
$409,953.40
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 41,255.77
FICA & MEDICARE 30,757.18
STATE INCOME TAX 14,523.85
STATE DISABILITY INSURANCE 4,237.27
GARNISHMENTS 162.40
HEALTH 1,627.11
SUPPLEMENTAL DISABILITY 1,501.58
SECTION 125 2,302.31
PERS 31,642.00
DEFERRED COMPENSATION 9,674.36
ADDITIONAL LIFE INSURANCE 296.17
UNION DUES 2,352.24
PISMO ATHLETIC CLUB 267.00
OTHER
NET PAYROLL $269,354.16
DIRECT DEPOSIT DEDUCTION 261,936.75
NET PAYROLL AFTER ACH DEPOSIT 7,417.41
SUMMARY PAYROLL REGISTER

9.B-2Council Agenda 8-2-2022
Attachment 1
Packet Page 14

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.C

SUBJECT/TITLE:

AGREEMENT WITH QUINCY ENGINEERING, INC. FOR TRAFFIC SIGNAL DESIGN

AT BELLO STREET AND PRICE CANYON ROAD

RECOMMENDATION:

BACKGROUND:

The intersection of Price Canyon Road and Bello Street is a busy intersection, and the amount of traffic on Price Canyon Road can make it difficult for vehicles on Bello Street to either cross or turn left onto Price Canyon Road. Price Canyon Road is a critical regional link between Pismo Beach and San Luis Obispo that provides access to agriculture, the airport, oil production, manufacturing, and residential areas between the two cities. The route is also heavily used by regional commuting traffic from south San Luis Obispo County and northern Santa Barbara County to San Luis Obispo. The City’s most recent traffic study, conducted in 2014, states that over 1,000 vehicles per hour utilize this intersection during peak travel times.

With the recent completion of the nearby Bello Street Bridge, which reconnected the eastern end of Bello Street to Frady Lane, providing access to the Wastewater Treatment Plant, sports complex, and through access to the southernmost portions of Pismo Beach, the intersection has seen an increase in traffic and in anticipation of this potential growth in traffic, the 10-year Capital Improvement Plan and Fiscal Year 2022 budget included a project to signalize the intersection of Bello Street and Price Canyon Road.

Staff issued a Request for Proposals (RFP) for professional engineering services for the design of the Bello Street and Price Canyon Road Signalization project. Two proposals were received on June 9, 2022 and were evaluated by a review panel. Quincy Engineering, Inc. (cost proposal provided as Attachment 1.A) was selected to perform the work based on the following:

 Understanding of the scope of work to be performed
 Methods, schedule, and procedures to be used
 Management, personnel, and experience
 Consultation and coordination with the City of Pismo Beach

Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement (Attachment 2) with

9.C-1Council Agenda 8-2-2022
Packet Page 15

Quincy Engineering, Inc. in the amount of $291,000 to complete the design of the Bello Street and Price Canyon Road Signalization project.

FISCAL IMPACT:

The fiscal impact of adopting the attached resolution is $291,000. The FY 2022 budget includes $600,000 to complete the signalization of the intersection. Compared to the budget, this leaves a remaining budget surplus of $309,000.

Bello/Price Canyon Signalization Budget $600,000
Quincy Engineering, Inc. contract $291,000
Remaining Budget $309,000
The remaining budget will be used for construction costs. The actual construction cost will not be known until the project has been advertised and bids are received for the project. Once the project has been bid, staff will return to Council at that time to award the project and request additional funds if needed.

ALTERNATIVES:

1. Do not authorize the contract; provide staff with direction on how to proceed.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Quincy Engineering, Inc. Cost Proposal

2. Quincy Engineering, Inc. Vendor Agreement
Prepared by: Meeting Date: August 2, 2022
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer Acting City Manager Approval:

9.C-2Council Agenda 8-2-2022
Packet Page 16

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 A PROFESSIONAL SERVICES AGREEMENT WITH QUINCY ENGINEERING, INC. IN THE AMOUNT OF $291,000 FOR THE DESIGN OF THE BELLO STREET AND

PRICE CANYON ROAD SIGNALIZATION PROJECT
WHEREAS, the intersection of Price Canyon Road and Bello Street is heavily utilized and it can be difficult for vehicles on Bello Street to either cross or turn left onto Price Canyon Road; and
WHEREAS, with the recent completion of the Bello Street Bridge, the intersection has seen an increase in traffic; and
WHEREAS, the 10-year Capital Improvement Plan and Fiscal Year 2023 budget included a project to signalize the intersection of Bello Street and Price Canyon Road; and WHEREAS, staff issued a Request for Proposals (RFP) for professional engineering services for the design of the Bello Street and Price Canyon Road Signalization project; and
WHEREAS, two proposals were received and evaluated by a review panel of City staff and Quincy Engineering, Inc. was selected to perform the work.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement with Quincy Engineering, Inc. (scope provided as Exhibit A) in the amount of $291,000 for the design of the Bello Street and Price Canyon Road Signalization project.

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 2nd day of August 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

9.C-3Council Agenda 8-2-2022
Attachment 1
Packet Page 17

Cost Proposal
Signalized Intersection Project
Date: 7/10/2022
Quincy Engineering, Inc.

Direct Labor:$53,484.92
Estimated Salary Increases for Multi-Year Project $0.00 Subtotal $53,484.92
Overhead (1.8000):$96,272.86
A. Labor Subtotal $149,757.78
Subconsultant Costs:

Cenral Coast Transportation Consulting $37,910.00
Wallace Group $30,139.00
Sunrise Transportation Strategies $7,280.00
Hamner-Jewell & Assoc $2,000.00
Yeh & Assoc $22,580.00
SWCA $18,877.00
B. Subconsultant Subtotal $118,786.00
Other Direct Costs:

Travel (@ active IRS mileage rate)0 miles @ $0.585 $0.00 Pier Diem/ Hotel 0 days @ $150.00 $0.00
Delivery 0 @ $20.00 $0.00
Vendor Reproduction
81/2 X 11 Reproduction 160 @ 0.45 $72.00
11 X 17 Reproduction 111 @ 0.35 $38.85
Mounting Boards for Presentations @ $0.00
Newsletters (Translation and printing)@ $0.00
Subtotal Vendor Reproduction $110.85
Title Report 1 @ $6,500.00 $6,500.00
Miscellaneous
C. Other Direct Cost Subtotal:$6,610.85
Labor Subtotal A. =$149,757.78
Fixed Fee (10.0%):$14,975.78
Subconsultant Subtotal B. =$118,786.00
Fixed Fee (0.0%):$0.00
Other Direct Cost Subtotal: C. =$6,610.85
Fixed Fee (0.0%):$0.00
SUB TOTAL =$290,130.40
TOTAL NOT TO EXCEED $291,000.00
Note: Invoices will be based upon actual QEI hourly rates plus overhead at 180.00% plus prorated portion of fixed fee. Subconsultant and Direct Costs will be billed at actual cost.

The overhead rate (ICR) shall be approved by the County each year to reflect the current audited overhead

BELLO STREET SIGNALIZED INTERSECTION PROJECT
2022-07-10_Pismo Bello St at Price Canyon Rd_Quincy Cost ProposalProject 1 Budget

9.C-4Council Agenda 8-2-2022
Attachment 1A
Packet Page 18

1 of 12
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 Quincy Engineering, Inc. (“VENDOR”).

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

RECITALS:

CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:

Traffic Signal Design – Bello Street and Price Canyon Road Signalization 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 December 31, 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, or longer as the parties agree in writing.

III. COMPENSATION
A.VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of two hundred ninety-one thousand dollars ($291,000), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT. 2 of 12
Vendor Agreement (Rev. 2/2/2018)
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.

VII.CITY REPRESENTATIVE
The Senior Engineer is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by

9.C-5Council Agenda 8-2-2022
Attachment 2
Packet Page 19

3 of 12
Vendor Agreement (Rev. 2/2/2018)
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 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

4 of 12
Vendor Agreement (Rev. 2/2/2018)
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.

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,

9.C-6Council Agenda 8-2-2022
Attachment 2
Packet Page 20

5 of 12
Vendor Agreement (Rev. 2/2/2018)
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.

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,

6 of 12
Vendor Agreement (Rev. 2/2/2018)
hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.

4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

5. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.

B. Other provisions or requirements:

1. Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.

2. Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, employees, or subconsultants.

3. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or 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

9.C-7Council Agenda 8-2-2022
Attachment 2
Packet Page 21

7 of 12
Vendor Agreement (Rev. 2/2/2018)
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 of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

8 of 12
Vendor Agreement (Rev. 2/2/2018)

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.

9.C-8Council Agenda 8-2-2022
Attachment 2
Packet Page 22

9 of 12
Vendor Agreement (Rev. 2/2/2018)
XVII. CONFLICT OF INTEREST

No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.

No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.

XVIII. NOTICE

All notices, requests, demands, or other communications under this AGREEMENT will be in writing.

Notice will be sufficiently given for all purposes as follows:

A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.

B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.

D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.

E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non- business day.

Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.

F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.

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

10 of 12
Vendor Agreement (Rev. 2/2/2018)
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

9.C-9Council Agenda 8-2-2022
Attachment 2
Packet Page 23

11 of 12
Vendor Agreement (Rev. 2/2/2018)
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.

12 of 12
Vendor Agreement (Rev. 2/2/2018)
CITY:

City of Pismo Beach, a Municipal Corporation
Signed:

Name: Benjamin A. Fine, P.E.

Title: Director of Public Works/City Engineer
Dated: ________________________________
Signed:

Name: James R. Lewis
Title: City Manager
Dated: ________________________________
Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449
ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:

Signed:

Name: David M. Fleishman
Title: City Attorney
VENDOR:

Quincy Engineering, Inc,
Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice (See Section XVIII):
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative (See Section VIII):

Name/Title: ____________________________
Attachments:

Exhibit A: Scope of Service
Exhibit B: Compensation Schedule

9.C-10Council Agenda 8-2-2022
Attachment 2
Packet Page 24

^ĐŽƉĞŽĨtŽƌŬ;dƌĂĨĨŝĐ^ŝŐŶĂůͿ
dŚŝƐ^ĐŽƉĞŽĨtŽƌŬƉƌĞƐĞŶƚƐƚŚĞƐƉĞĐŝĨŝĐƚĂƐŬƐĂŶĚƐƵďƚĂƐŬƐƌĞůĞǀĂŶƚĨŽƌƚŚĞƉůĂŶŶŝŶŐ͕ĚĞƐŝŐŶ͕ĂŶĚĐŽŶƐƚƌƵĐƚŝŽŶŽĨĂ ƚƌĂĨĨŝĐƐŝŐŶĂůĂƚƚŚĞŝŶƚĞƌƐĞĐƚŝŽŶŽĨĞůůŽ^ƚƌĞĞƚĂŶĚWƌŝĐĞĂŶǇŽŶZŽĂĚ͘ĂƐĞĚŽŶŽƵƌƌĞƐĞĂƌĐŚƚŚĞƐŝŐŶĂůůŽĐĂƚĞĚĂƚ ,ŝŶĚƐǀĞĂŶĚWƌŝĐĞ^ƚƌĞĞƚŝƐŽǁŶĞĚĂŶĚŵĂŝŶƚĂŝŶĞĚďǇƚŚĞŝƚǇĂŶĚƚŚĞĨŽůůŽǁŝŶŐƐĐŽƉĞŽĨǁŽƌŬŚĂƐďĞĞŶ ĚĞǀĞůŽƉĞĚĂĐĐŽƌĚŝŶŐůǇ͘dŽƚŚĞĞǆƚĞŶƚƉŽƐƐŝďůĞ͕ŽƚŚĞƌĂƐƐƵŵƉƚŝŽŶƐĂƌĞƐƚĂƚĞĚŚĞƌĞŝŶ͘ dd^ /D/EZz
E'/E

Z/E'^
Zs/
^
ƵƌŝŶŐƚŚĞƉƌĞůŝŵŝŶĂƌǇĞŶŐŝŶĞĞƌŝŶŐƚĂƐŬ͕ƚŚĞYƵŝŶĐǇ
ƚĞĂŵǁŝůůĐŽŵƉůĞƚĞƚƌĂĨĨŝĐĐŽƵŶƚƐĂŶĚĂŶĂůǇƐŝƐ͕
ƚŽƉŽŐƌĂƉŚŝĐƐƵƌǀĞǇƐ͕ƌŝŐŚƚͲŽĨͲǁĂǇĚĞƚĞƌŵŝŶĂƚŝŽŶĂŶĚ
ĚĞůŝŶĞĂƚŝŽŶ͕ŝŶŝƚŝĂƚŝŶŐƵƚŝůŝƚǇĐŽŽƌĚŝŶĂƚŝŽŶĂĐƚŝǀŝƚŝĞƐ͕ ĐŽŶĚƵĐƚŝŶŐŐĞŽƚĞĐŚŶŝĐĂůŝŶǀĞƐƚŝŐĂƚŝŽŶƐ͕ƉƌŽǀŝĚŝŶŐ
ĞŶǀŝƌŽŶŵĞŶƚĂůƐƵƉƉŽƌƚƐĞƌǀŝĐĞƐ͕ƉƌĞƉĂƌŝŶŐ
ƉƌĞůŝŵŝŶĂƌǇĐŽŶĐĞƉƚƵĂůƐŝŐŶĂůĂŶĚƌŽƵŶĚĂďŽƵƚ
ĂůƚĞƌŶĂƚŝǀĞƐĂŶĚĐŽƐƚĞƐƚŝŵĂƚĞƐ͕ĂŶĚƉƌĞƉĂƌŝŶŐĂŶ
ĂůƚĞƌŶĂƚŝǀĞƐĐƌĞĞŶŝŶŐŵĞŵŽŝĚĞŶƚŝĨǇŝŶŐĂ
ƌĞĐŽŵŵĞŶĚĞĚŝŶƚĞƌƐĞĐƚŝŽŶĐŽŶĨŝŐƵƌĂƚŝŽŶĂŶĚ
ŵƵůƚŝŵŽĚĂůŝŵƉƌŽǀĞŵĞŶƚƐ͘
d^ z^/^
dƌĂĨĨŝĐŽƵŶƚƐĂŶĚtĂƌƌĂŶƚŶĂůǇƐŝƐ
ĞŶƚƌĂůŽĂƐƚdƌĂŶƐƉŽƌƚĂƚŝŽŶŽŶƐƵůƚŝŶŐ;dͿǁŝůů
ĐŽŽƌĚŝŶĂƚĞƚŚĞĐŽůůĞĐƚŝŽŶŽĨϮϰͲŚŽƵƌǁĞĞŬĚĂǇĂŶĚ
ϮϰͲŚŽƵƌƐƵŵŵĞƌǁĞĞŬĞŶĚƚƵƌŶŝŶŐŵŽǀĞŵĞŶƚĐŽƵŶƚƐ
ĂƚƚŚĞĞůůŽ^ƚƌĞĞƚͬWƌŝĐĞĂŶǇŽŶZŽĂĚ͕,ŝŶĚƐ
ǀĞŶƵĞͬh^ϭϬϭ^KĨĨͲZĂŵƉ͕ĂŶĚ,ŝŶĚƐǀĞŶƵĞͬ
WƌŝĐĞ^ƚƌĞĞƚŝŶƚĞƌƐĞĐƚŝŽŶƐ͘dŚĞĐŽƵŶƚƐǁŝůůŝŶĐůƵĚĞ
ďŝĐǇĐůĞƐĂŶĚƉĞĚĞƐƚƌŝĂŶƐ͘ĨŝĞůĚǀŝƐŝƚǁŝůůďĞ
ĐŽŶĚƵĐƚĞĚƚŽŽďƐĞƌǀĞĞǆŝƐƚŝŶŐƚƌĂĨĨŝĐŽƉĞƌĂƚŝŽŶƐĂŶĚ
ƐŝŐŶĂůƚŝŵŝŶŐĚƵƌŝŶŐƚŚĞƉĞĂŬŚŽƵƌƐ͘
dǁŝůůĞǀĂůƵĂƚĞǀĞŚŝĐƵůĂƌůĞǀĞůŽĨƐĞƌǀŝĐĞ;>K^ͿĂƚ ƚŚĞƐƚƵĚǇůŽĐĂƚŝŽŶƐĚƵƌŝŶŐƚŚĞǁĞĞŬĚĂǇDĂŶĚWD
ĂŶĚǁĞĞŬĞŶĚŵŝĚͲĚĂǇƉĞĂŬŚŽƵƌƵƐŝŶŐŵĞƚŚŽĚƐ
ĨƌŽŵƚŚĞdƌĂŶƐƉŽƌƚĂƚŝŽŶZĞƐĞĂƌĐŚŽĂƌĚ͛Ɛ,ŝŐŚǁĂǇ
ĂƉĂĐŝƚǇDĂŶƵĂů͘tĞǁŝůůƌĞƉŽƌƚƚŚĞǀĞŚŝĐůĞ>K^ĂŶĚ
ƋƵĞƵŝŶŐĂƚƚŚĞƐƚƵĚǇŝŶƚĞƌƐĞĐƚŝŽŶƐƵŶĚĞƌĞǆŝƐƚŝŶŐĂŶĚ
ĨƵƚƵƌĞĐŽŶĚŝƚŝŽŶƐƵƐŝŶŐƚŚĞ^ǇŶĐŚƌŽƐŽĨƚǁĂƌĞ͘&ƵƚƵƌĞ
ĐŽŶĚŝƚŝŽŶƐĨŽƌĞĐĂƐƚƐǁŝůůďĞĚĞƌŝǀĞĚĨƌŽŵƚŚĞŝƚǇ͛Ɛ
ŝƌĐƵůĂƚŝŽŶ^ƚƵĚǇ͘
dŚĞƚƌĂĨĨŝĐƐŝŐŶĂůǁĂƌƌĂŶƚƐĨƌŽŵƚŚĞĂůŝĨŽƌŶŝĂDĂŶƵĂů ŽŶhŶŝĨŽƌŵdƌĂĨĨŝĐŽŶƚƌŽůĞǀŝĐĞƐ;DhdͿǁŝůů
ďĞĂŶĂůǇǌĞĚĨŽƌƚŚĞĞůůŽ^ƚƌĞĞƚͬWƌŝĐĞĂŶǇŽŶZŽĂĚ
ĂŶĚ,ŝŶĚƐǀĞŶƵĞͬh^ϭϬϭ^KĨĨͲZĂŵƉŝŶƚĞƌƐĞĐƚŝŽŶƐ
ƵŶĚĞƌĞǆŝƐƚŝŶŐĂŶĚĨƵƚƵƌĞĐŽŶĚŝƚŝŽŶƐ͘ŽůůŝƐŝŽŶĚĂƚĂ
ĨƌŽŵƚŚĞ^ƚĂƚĞǁŝĚĞ/ŶƚĞŐƌĂƚĞĚdƌĂĨĨŝĐZĞĐŽƌĚƐ^ǇƐƚĞŵ
;^t/dZ^ͿĂŶĚƚŚĞdƌĂĨĨŝĐĐĐŝĚĞŶƚ^ƵƌǀĞŝůůĂŶĐĞĂŶĚ
ŶĂůǇƐŝƐ^ǇƐƚĞŵ;d^^ͿĚĂƚĂďĂƐĞƐǁŝůůďĞĐŽŵƉŝůĞĚ
ĂŶĚƐƵŵŵĂƌŝǌĞĚĨŽƌƚŚĞƚƌĂĨĨŝĐƐŝŐŶĂůǁĂƌƌĂŶƚƐ͘
KƚŚĞƌƚƌĂĨĨŝĐĐŽŶƚƌŽůĂůƚĞƌŶĂƚŝǀĞƐ͕ŝŶĐůƵĚŝŶŐĂ
ƌŽƵŶĚĂďŽƵƚ͕ǁŝůůďĞĞǀĂůƵĂƚĞĚĨŽƌƚƌĂĨĨŝĐŽƉĞƌĂƚŝŽŶƐ͘
WĞĚĞƐƚƌŝĂŶĂŶĚďŝĐǇĐůĞĂĐĐĞƐƐĂŶĚĂĐĐŽŵŵŽĚĂƚŝŽŶ
ǁŝůůďĞĚŝƐĐƵƐƐĞĚ͘sŝƐƵĂůƐŝŵƵůĂƚŝŽŶƐŽĨƚŚĞĐŽƌƌŝĚŽƌ
ƚƌĂĨĨŝĐŽƉĞƌĂƚŝŽŶƐĂƌĞĞǆĐůƵĚĞĚďƵƚĐĂŶďĞƉƌĞƉĂƌĞĚ
ĂƐĂŶĂĚĚŝƚŝŽŶĂůƐĞƌǀŝĐĞŝĨŶĞĞĚĞĚ͘
dƌĂĨĨŝĐŶĂůǇƐŝƐDĞŵŽƌĂŶĚƵŵ
dǁŝůůƉƌŽǀŝĚĞĂĚƌĂĨƚŵĞŵŽƌĂŶĚƵŵƐƵŵŵĂƌŝǌŝŶŐ
ƚŚĞƐŝŐŶĂůǁĂƌƌĂŶƚĂŶĚƐƵƉƉŽƌƚŝŶŐĂŶĂůǇƐŝƐ͘dŚŝƐǁŝůů
ŝŶĐůƵĚĞƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐĨŽƌƐŝŐŶĂůƉŚĂƐŝŶŐŽƌ
ĂůƚĞƌŶĂƚŝǀĞƚƌĂĨĨŝĐĐŽŶƚƌŽůƐƚƌĂƚĞŐŝĞƐŝĨĂƐŝŐŶĂůŝƐŶŽƚ ƌĞĐŽŵŵĞŶĚĞĚĂƚĞůůŽ^ƚƌĞĞƚĂŶĚWƌŝĐĞĂŶǇŽŶZŽĂĚ͘
/ŶĐŽƌƉŽƌĂƚŝŶŐŽƌƌĞƐƉŽŶĚŝŶŐƚŽĐŽŵŵĞŶƚƐƌĞĐĞŝǀĞĚ
ŽŶƚŚĞĚƌĂĨƚŵĞŵŽƌĂŶĚƵŵ͕ĂĨŝŶĂůŵĞŵŽƌĂŶĚƵŵǁŝůů
ďĞƉƌĞƉĂƌĞĚĂŶĚƐƵďŵŝƚƚĞĚƚŽƚŚĞŝƚǇĨŽƌƌĞǀŝĞǁ͘
ĞůŝǀĞƌĂďůĞƐ͗
•ƌĂĨƚdƌĂĨĨŝĐŶĂůǇƐŝƐDĞŵŽƌĂŶĚƵŵ;W&Ϳ
•&ŝŶĂůdƌĂĨĨŝĐŶĂůǇƐŝƐDĞŵŽƌĂŶĚƵŵ;W&Ϳ
d^ ŝĐĞŶƐĞĚ^ƵƌǀĞǇƐ͘KƵƌƐƵƌǀĞǇŽƌƐ
ǁŝůůƐĞƚƐƵƌǀĞǇĐŽŶƚƌŽůƉŽŝŶƚƐŶĞĂƌƚŚĞĞǆƉĞĐƚĞĚ
ƉƌŽũĞĐƚůŝŵŝƚƐĨŽƌůĂƚĞƌƵƐĞĂƐĐŽŶƚƌŽůĨŽƌĐŽŶƐƚƌƵĐƚŝŽŶ ƐƚĂŬŝŶŐďǇŽƚŚĞƌƐ͘
dŚĞŵĂƉƉŝŶŐǁŝůůŝŶĐůƵĚĞĂǀĂƌŝĂďůĞǁŝĚƚŚƐƚƌŝƉĂůŽŶŐ
ĨŽƌĂƉƉƌŽǆŝŵĂƚĞůǇϭ͕ϬϬϬĨĞĞƚĂůŽŶŐWƌŝĐĞĂŶǇŽŶ
ZŽĂĚͬ,ŝŶĚƐǀĞĂŶĚϴϬϬĨĞĞƚĂůŽŶŐĞůůŽ^ƚƌĞĞƚ͘dŚĞ
ŵĂƉƉŝŶŐǁŝůůďĞĐŽŵƉůĞƚĞĚĂƚƚǁŽĚŝĨĨĞƌĞŶƚŵĂƉƉŝŶŐ
ůĞǀĞůƐ͘dŚĞŵĂũŽƌŝƚǇŽĨƚŚĞŵĂƉƉŝŶŐǁŝůůďĞĐŽŵƉůĞƚĞĚ
ĂƚĂϭͲĨŽŽƚĐŽŶƚŽƵƌŝŶƚĞƌǀĂůĂƚĂϭ͟сϮϬ͛ŵĂƉƉŝŶŐ
ƐĐĂůĞ͕ǁŝƚŚĚĞƚĂŝůƐŽĨϭ͟сϭϬ͛ƐĐĂůĞůŝŬĞůǇĂƚƚŚĞ
ŝŶƚĞƌƐĞĐƚŝŽŶĂŶĚĐƵƌďƌĞƚƵƌŶƐ͘dŚŝƐŵĂƉƉŝŶŐůĞǀĞůǁŝůů ƐŚŽǁƐƵĐŚǀŝƐŝďůĞĨĞĂƚƵƌĞƐĂƐĞĚŐĞƐŽĨƉĂǀĞŵĞŶƚƐ͕
ĐƵƌď͕ŐƵƚƚĞƌ͕ƐŝĚĞǁĂůŬ͕ĚƌŝǀĞǁĂǇƐ͕ǁĂůůƐ͕ĨĞŶĐĞƐ͕ƐƚƌĞĞƚ ƐŝŐŶƐ͕ƌŽĂĚƐƚƌŝƉŝŶŐ͕ƵƚŝůŝƚǇƉŽůĞƐĂŶĚƐƚƌƵĐƚƵƌĞƐ͕
ŽǀĞƌŚĞĂĚƵƚŝůŝƚǇůŝŶĞƐ͕ŵĂŶŚŽůĞƐ͕ĨŝƌĞŚǇĚƌĂŶƚƐ͕
ďƵŝůĚŝŶŐƐ͕ƚƌĞĞƐĨŽƵƌŝŶĐŚĞƐŝŶĚŝĂŵĞƚĞƌĂŶĚůĂƌŐĞƌ
ŵĞĂƐƵƌĞĚĂƚďƌĞĂƐƚŚĞŝŐŚƚĂŶĚďƌƵƐŚĂŶĚǀĞŐĞƚĂƚŝŽŶ
ůŝŶĞƐĂŶĚŽƚŚĞƌŝƚĞŵƐƚǇƉŝĐĂůƚŽƐƚĂŶĚĂƌĚƉƌĂĐƚŝĐĞ͘&Žƌ ĞĨĨŝĐŝĞŶĐǇƉƵƌƉŽƐĞƐ͕ĂĚĚŝƚŝŽŶĂůŵĂƉƉŝŶŐďĞǇŽŶĚƚŚĞ
ĞǆƉĞĐƚĞĚĚĞƐŝŐŶǀŝĐŝŶŝƚǇŽĨƚŚĞƐƵďũĞĐƚŝŶƚĞƌƐĞĐƚŝŽŶ
ǁŝůůďĞůŝŵŝƚĞĚƚŽƉůĂŶŝŵĞƚƌŝĐ;ŚŽƌŝǌŽŶƚĂůŽŶůǇͿ
ůŽĐĂƚŝŽŶŽĨƚŚĞƌŽĂĚƉƌŝƐŵ͘
ƵĞƚŽƚŚĞƚƌĂĨĨŝĐŽĨƚŚĞƌŽĂĚǁĂǇƐǁŝƚŚŝŶƚŚĞƐƵƌǀĞǇ
ůŝŵŝƚƐ͕ŽƵƌĨŝĞůĚƐƵƌǀĞǇƚĞĂŵǁŝůůďĞĐŽůůĞĐƚŝŶŐƌŽĂĚ
ŵĞĂƐƵƌĞŵĞŶƚƐƵƐŝŶŐĂdƌŝŵďůĞ^yϭϬ^ĐĂŶŶŝŶŐdŽƚĂů
^ƚĂƚŝŽŶĂŶĚdƌŝŵďůĞyϳ^ĐĂŶŶĞƌ͕ǁŚŝĐŚĂůůŽǁĨŽƌƚŚĞ
ĐŽůůĞĐƚŝŽŶŽĨĚĞŶƐĞ͕ĐŽůŽƌ͕ĨĞĂƚƵƌĞƌŝĐŚƉŽŝŶƚĐůŽƵĚƐ
ƚŚƌŽƵŐŚƌĞŵŽƚĞƐĞŶƐŝŶŐĂŶĚǁŝůůŬĞĞƉƚŚĞĨŝĞůĚĐƌĞǁ
ŽƵƚŽĨƚŚĞƚƌĂǀĞůĞĚǁĂǇĨŽƌĂůĂƌŐĞƉŽƌƚŝŽŶŽĨƚŚĞ
ǁŽƌŬ͘
'ƌĂǀŝƚǇƐĞǁĞƌƐƚƌƵĐƚƵƌĞƐĂŶĚƌŽĂĚĐĞŶƚĞƌůŝŶĞ
ŵŽŶƵŵĞŶƚǁĞůůƐĂƌĞůŽĐĂƚĞĚǁŝƚŚŝŶƚŚĞƉƌŽƉŽƐĞĚ
ƐƵƌǀĞǇĂƌĞĂ͘tĞŚĂǀĞŝŶĐůƵĚĞĚĂĐĐĞƐƐŝŶŐƚŚĞƐĞ
ůŽĐĂƚŝŽŶƐĨŽƌŵĞĂƐƵƌĞŵĞŶƚƉƵƌƉŽƐĞƐƵƐŝŶŐƚƌĂĨĨŝĐ
ĐŽŶƚƌŽůŵĞĂƐƵƌĞƐĂŶĚƐŝŐŶĂŐĞĂƐĂƉƉƌŽǀĞĚďǇƚŚĞ
ŝƚǇĂŶĚĂůƚƌĂŶƐ͘/ĨĂĚĚŝƚŝŽŶĂůƚƌĂĨĨŝĐĐŽŶƚƌŽů
ŵĞĂƐƵƌĞƐĂƌĞƌĞƋƵŝƌĞĚ͕ŝŶĐůƵĚŝŶŐƐƵďͲĐŽŶƚƌĂĐƚŝŶŐ
ƚŚĞƐĞƐĞƌǀŝĐĞƐƚŽĂŶŽƚŚĞƌƉĂƌƚǇ͕ƚŚŝƐǁŝůůďĞĂĚĚƌĞƐƐĞĚ ƚŚƌŽƵŐŚĂĐŽŶƚƌĂĐƚĂŵĞŶĚŵĞŶƚƉƌŝŽƌƚŽƚŚĞ
ĐŽŵƉůĞƚŝŽŶŽĨƚŚĞƐĞƐĞƌǀŝĐĞƐ͘dŚĞĨŝŐƵƌĞďĞůŽǁ
ŝůůƵƐƚƌĂƚĞƐƚŚĞƉƌŽƉŽƐĞĚůŝŵŝƚƐŽĨƐƵƌǀĞǇ͗

ZZŝŐŚƚͲŽĨͲtĂǇDĂƉƉŝŶŐ
dŚĞƐƵƌǀĞǇƚĞĂŵĂŶƚŝĐŝƉĂƚĞƐůŽĐĂƚŝŶŐƐƵĨĨŝĐŝĞŶƚ
ŵŽŶƵŵĞŶƚƐƚŽĞƐƚĂďůŝƐŚƚŚĞƌĞĐŽƌĚZŝŐŚƚͲŽĨͲǁĂǇŽĨ
ĞůůŽ^ƚƌĞĞƚ͕WƌŝĐĞĂŶǇŽŶZŽĂĚͬ,ŝŶĚƐǀĞŶƵĞĂŶĚ
WƌŝĐĞ^ƚƌĞĞƚĂŶĚƉƌŽƉĞƌƚǇůŝŶĞƐŝĚĞůŝŶĞƐǁŝƚŚŝŶƚŚĞ
ŵĂƉƉŝŶŐůŝŵŝƚƐ͘&ŽƌďƵĚŐĞƚŝŶŐƉƵƌƉŽƐĞƐ͕ǁĞŚĂǀĞ
ĂƐƐƵŵĞĚƚŚĂƚƉƌĞůŝŵŝŶĂƌǇƚŝƚůĞƌĞƉŽƌƚƐǁŝůůďĞ
ƉƌŽĐƵƌĞĚƚŽĨĂĐŝůŝƚĂƚĞƌŝŐŚƚͲŽĨͲǁĂǇƌĞƐĞĂƌĐŚ͘dŚŝƐ
ŝŶĐůƵĚĞƐƌĞƐĞĂƌĐŚƐƵƉƉŽƌƚĨŽƌƚŚĞƌŝŐŚƚͲŽĨͲǁĂǇůŝŶĞƐ
ŚŝŐŚůŝŐŚƚĞĚƌĞĚŝŶƚŚĞĨŝŐƵƌĞďĞůŽǁĂŶĚƉƌĞůŝŵŝŶĂƌǇ
ƚŝƚůĞƌĞƉŽƌƚƐĨŽƌƚŚĞĨŽůůŽǁŝŶŐĂƐƐĞƐƐŽƌƉĂƌĐĞů
ŶƵŵďĞƌƐ͗

•ϬϬϱͲϬϰϭͲϬϭϲ͗KǁŶĞƌ͗>ƵĐŝĂDĂƌhŶŝĨŝĞĚ^ĐŚŽŽů
ŝƐƚƌŝĐƚ
•ϬϬϱͲϬϰϭͲϬϮϭ͗KǁŶĞƌ͗>ƵĐŝĂDĂƌhŶŝĨŝĞĚ^ĐŚŽŽů
ŝƐƚƌŝĐƚ
•ϬϬϱͲϬϰϭͲϬϮϮ͗KǁŶĞƌ͗>ƵĐŝĂDĂƌhŶŝĨŝĞĚ^ĐŚŽŽů
ŝƐƚƌŝĐƚ

9.C-11Council Agenda 8-2-2022
Attachment 2
Packet Page 25

•ϬϬϱͲϬϰϭͲϬϮϯ͗KǁŶĞƌ͗>ĞǁŝƐZŝĐŚĂƌĚdƌƵƐƚ
•ϬϬϱͲϬϰϭͲϬϮϰ͗KǁŶĞƌ͗ŝƚǇŽĨWŝƐŵŽĞĂĐŚ
•ϬϬϱͲϬϰϭͲϬϮϱ͗KǁŶĞƌ͗>ƵĐŝĂDĂƌhŶŝĨŝĞĚ^ĐŚŽŽů
ŝƐƚƌŝĐƚ
•ϬϬϱͲϬϴϰͲϬϬϱ͗KǁŶĞƌ͗:ŽŚŶ
͘DĞŶĚŽŶƐĂdƌƵƐƚ
ZZŝŐŚƚͲŽĨͲtĂǇ^ƵƉƉŽƌƚ
,ĂŵŶĞƌ͕:ĞǁĞůůΘƐƐŽĐŝĂƚĞƐǁŝůůƉƌŽǀŝĚĞƐƵƉƉŽƌƚƚŽ
ƚŚĞƉƌŽũĞĐƚĚĞƐŝŐŶƚĞĂŵŽŶƌŝŐŚƚͲŽĨͲǁĂǇĂŶĚƉƌŽƉĞƌƚǇ
ƌŝŐŚƚƐĂŶĂůǇƐŝƐ͕ŝŶĐůƵĚŝŶŐƉƌŝŽƌƌŝŐŚƚƐĂŶĂůǇƐŝƐǁŝƚŚŝŶ ƚŚĞƉƌŽũĞĐƚĂƌĞĂ͘,ĂŵŶĞƌ͕:ĞǁĞůůΘƐƐŽĐŝĂƚĞƐǁŝůů
ŚĂŶĚůĞƉƌŽƉĞƌƚǇŽǁŶĞƌŽƵƚƌĞĂĐŚƚŽŐĂƚŚĞƌ
ŝŶĨŽƌŵĂƚŝŽŶĂďŽƵƚƚŚĞƉƌŝǀĂƚĞƉƌŽƉĞƌƚǇƌŝŐŚƚƐ
ĂĚũĂĐĞŶƚƚŽƚŚĞĐŽŶƐƚƌƵĐƚŝŽŶĂƌĞĂƚŚĂƚŵĂǇĨĂĐŝůŝƚĂƚĞ
ƚŚĞĚĞƐŝŐŶƉƌŽĐĞƐƐƌĞŐĂƌĚŝŶŐĂĐĐĞƐƐƉƌŽǀŝƐŝŽŶƐĂŶĚ
ƉŽƚĞŶƚŝĂůƚĞŵƉŽƌĂƌǇĐŽŶƐƚƌƵĐƚŝŽŶĞĂƐĞŵĞŶƚŶĞĞĚƐ͘
'ĂƚŚĞƌŝŶŐƚŚŝƐŝŶĨŽƌŵĂƚŝŽŶĞĂƌůǇŚĞůƉƐƐƵƉƉŽƌƚ
ŝŶĨŽƌŵĞĚĚĞƐŝŐŶĂŶĚƐƚĂŐŝŶŐŽƉƚŝŽŶƐĂŶĂůǇƐŝƐƚŚĂƚ
ŚĞůƉƐƚŽŵŝŶŝŵŝǌĞĐŚĂŶŐĞƐƚŚĂƚǁŽƵůĚŽƚŚĞƌǁŝƐĞ
ďĞĐŽŵĞŵŽƌĞĐŽƐƚůǇĂƐƚŚĞƉƌŽũĞĐƚƉƌŽŐƌĞƐƐĞƐŝĨŶŽƚ
ŝĚĞŶƚŝĨŝĞĚŝŶƚŚĞƐĞĞĂƌůǇƐƚĂŐĞƐďǇĂƚĞĂŵǁŝƚŚĂĨƵůů ƐƉĞĐƚƌƵŵƉĞƌƐƉĞĐƚŝǀĞĂŶĚĚĞƉƚŚŽĨĞǆƉĞƌƚŝƐĞ͘
ĞůŝǀĞƌĂďůĞƐ͗
•dŽƉŽŐƌĂƉŚŝĐΘZŝŐŚƚͲŽĨͲǁĂǇDĂƉƉŝŶŐ;ƵƚŽ
ŝǀŝůϯĨŽƌŵĂƚͿ
•WƌĞůŝŵŝŶĂƌǇdŝƚůĞZĞƉŽƌƚƐ

d^ /dzKKZ/Ed/KE
tĞĂŶƚŝĐŝƉĂƚĞƚŚĞƌĞǁŝůůďĞĚƵĂůƉŚĂƐĞƐƚŽƚŚĞƵƚŝůŝƚǇ ĐŽŽƌĚŝŶĂƚŝŽŶĞĨĨŽƌƚ͘
ǆŝƐƚŝŶŐƵƚŝůŝƚǇƌĞůŽĐĂƚŝŽŶƐ͕ŝĨ
ŶĞĐĞƐƐĂƌǇ͕ǁŝůůƌĞƋƵŝƌĞƉƌŽĂĐƚŝǀĞĐŽŽƌĚŝŶĂƚŝŽŶǁŝƚŚ
ƚŚĞŝƚǇƚŽŵŝƚŝŐĂƚĞĐŽŶĨůŝĐƚƐǁŚŝĐŚĐŽƵůĚĂĨĨĞĐƚƚŚĞ
ƉƌŽũĞĐƚĚƵƌŝŶŐĐŽŶƐƚƌƵĐƚŝŽŶ͘
ĚĚŝƚŝŽŶĂůůǇ͕ŝƚŝƐĂŶƚŝĐŝƉĂƚĞĚƚŚĂƚĨƌĂŶĐŚŝƐĞƵƚŝůŝƚǇ ŽǁŶĞƌƐŵĂǇĞůĞĐƚƚŽƌĞůŽĐĂƚĞŽƌŝŶƐƚĂůůŶĞǁƵƚŝůŝƚǇ
ĨĂĐŝůŝƚŝĞƐǁŝƚŚŝŶƚŚĞƌŽĂĚǁĂǇƌŝŐŚƚͲŽĨͲǁĂǇĂĐĐŽƌĚŝŶŐ
ƚŽŝƚǇƉŽůŝĐŝĞƐ͘dŚĞƐĞƵƚŝůŝƚǇŝŶƐƚĂůůĂƚŝŽŶƐǁŝůůďĞ
ĐŽŽƌĚŝŶĂƚĞĚĞĂƌůǇĂŶĚŽĨƚĞŶƚŽǀĞƌŝĨǇƚŚĞƌĞůĞǀĂŶƚ
ƌŽĂĚǁĂǇ͕ƐƚŽƌŵǁĂƚĞƌ͕ĂŶĚƌŝŐŚƚͲŽĨͲǁĂǇ
ĐŽŶƐŝĚĞƌĂƚŝŽŶƐĂƌĞĂĚĚƌĞƐƐĞĚĞĂƌůǇŝŶƚŚĞƉůĂŶŶŝŶŐ
ĂŶĚĚĞƐŝŐŶƉƌŽĐĞƐƐǁŝƚŚƚŚĞŝŶƚĞŶƚŽĨĂǀŽŝĚŝŶŐĚĞůĂǇƐ
ŝŶĨŝŶĂůĚĞƐŝŐŶĂŶĚĐŽŶƐƚƌƵĐƚŝŽŶ͘
ZĞůĞǀĂŶƚƵƚŝůŝƚǇĐŽŶĨůŝĐƚƐĂŶĚĐŽŶƚĂĐƚƐǁŝůůďĞƚƌĂĐŬĞĚ ƵƐŝŶŐĂhƚŝůŝƚǇŽŶĨůŝĐƚDĂƚƌŝǆĂŶĚŝŶĐůƵĚĞĚǁŝƚŚĞĂĐŚ W^Θ
ƐƵďŵŝƚƚĂů͘dŚŝƐŵĞƚŚŽĚĐŽŶĨŝƌŵƐƉŽƚĞŶƚŝĂů
ĐŽŶĨůŝĐƚƐĂƌĞŝĚĞŶƚŝĨŝĞĚĞĂƌůǇŝŶƚŚĞƉůĂŶŶŝŶŐƉƌŽĐĞƐƐ ĂŶĚƚƌĂĐŬĞĚƚŚƌŽƵŐŚŽƵƚƚŚĞĚƵƌĂƚŝŽŶŽĨƚŚĞĚĞƐŝŐŶ
ĂŶĚĐŽŶƐƚƌƵĐƚŝŽŶƉƌŽĐĞƐƐ͘
KƵƌƚǁŽͲƉĂƌƚƵƚŝůŝƚǇĐŽŽƌĚŝŶĂƚŝŽŶƐƚƌĂƚĞŐǇŝƐĚĞĨŝŶĞĚ
ĂƐĨŽůůŽǁƐďĞůŽǁ͘

ǆŝƐƚŝŶŐhƚŝůŝƚŝĞƐ
YƵŝŶĐǇǁŝůůĞŵƉůŽǇƚŚĞͲͲƵƚŝůŝƚǇĐŽŽƌĚŝŶĂƚŝŽŶ
ƐƚƌĂƚĞŐǇƚŽĐŽŽƌĚŝŶĂƚĞĨƌĂŶĐŚŝƐĞƵƚŝůŝƚǇŝŵƉĂĐƚƐĨŽƌ
ƚŚĞĞůůŽ^ƚƌĞĞƚƚƌĂĨĨŝĐƐŝŐŶĂůƉƌŽũĞĐƚ͘dŚŝƐŵĞƚŚŽĚ
ǀĞƌŝĨŝĞƐƚŚĂƚ͗
͘hƚŝůŝƚǇĐŽŵƉĂŶŝĞƐĂƌĞŶŽƚŝĨŝĞĚŽĨƚŚĞƉƌŽũĞĐƚĂŶĚ
ĂƉƉƌŝƐĞĚŽĨƉƌŽũĞĐƚůŝŵŝƚƐ͕ƐĐŚĞĚƵůĞ͕ĂŶĚ
ĞǆƉĞĐƚĂƚŝŽŶƐ͘ZĞůĞǀĂŶƚƵƚŝůŝƚǇĂƐͲďƵŝůƚĂŶĚĂƚůĂƐ
ŵĂƉƉŝŶŐĂƌĞƌĞƋƵĞƐƚĞĚ͘
͘hƚŝůŝƚǇĐŽŶĨůŝĐƚƐĂƌĞŝĚĞŶƚŝĨŝĞĚ͕ŽƵƚůŝŶĞĚ͕ĂŶĚ
ƌĞůŽĐĂƚŝŽŶĐŽŽƌĚŝŶĂƚŝŽŶĞĨĨŽƌƚƐĂƌĞŝŶŝƚŝĂƚĞĚǁŝƚŚ
ƌĞůĞǀĂŶƚƵƚŝůŝƚǇŽǁŶĞƌƐ͘;dŽďĞĐŽŵƉůĞƚĞĚĚƵƌŝŶŐ
dĂƐŬϮ͘ϭ͕ϱϬйW^Θ
Ϳ
͘hƚŝůŝƚǇƌĞůŽĐĂƚŝŽŶĂŐƌĞĞŵĞŶƚƐďĞƚǁĞĞŶƵƚŝůŝƚǇ
ŽǁŶĞƌƐĂŶĚƚŚĞŝƚǇĂƌĞĨĂĐŝůŝƚĂƚĞĚĂŶĚĞǆĞĐƵƚĞĚ͘
;dŽďĞĐŽŵƉůĞƚĞĚĚƵƌŝŶŐdĂƐŬϮ͘ϱ͕ϭϬϬйW^Θ
Ϳ
&ƌĂŶĐŚŝƐĞhƚŝůŝƚŝĞƐ
dŚĞYƵŝŶĐǇƚĞĂŵǁŝůůĐŽŽƌĚŝŶĂƚĞĂŶĚĂĐĐŽƵŶƚĨŽƌ
ƵƚŝůŝƚǇƌĞůŽĐĂƚŝŽŶƐĂŶĚŝŵƉĂĐƚƐŝŶƚŚĞĞůůŽ^ƚƌĞĞƚΘ
WƌŝĐĞĂŶǇŽŶZŽĂĚŝŶƚĞƌƐĞĐƚŝŽŶ^ŽƵƚŚĞƌŶĂůŝĨŽƌŶŝĂ
'ĂƐ͕W'Θ
͕ĂŶĚdΘd͘tŚŝůĞYƵŝŶĐǇĚŽĞƐŶŽƚ
ĂŶƚŝĐŝƉĂƚĞƉƌŽǀŝĚŝŶŐƵƚŝůŝƚǇĚĞƐŝŐŶƐĞƌǀŝĐĞƐ͕ǁĞǁŝůů
ŵĞĞƚǁŝƚŚƚŚĞƌĞƐƉĞĐƚŝǀĞƵƚŝůŝƚǇĂŐĞŶĐŝĞƐŽŶƐŝƚĞĂŶĚ
ĚƵƌŝŶŐƚŚĞĚĞƐŝŐŶƉƌŽĐĞƐƐĂŶĚĂĐĐŽƵŶƚĨŽƌƚŚĞƵƚŝůŝƚǇ
ŝŵƉĂĐƚƐĂƐĂƉƉƌŽƉƌŝĂƚĞĂŶĚƌĞĨůĞĐƚƌĞůĞǀĂŶƚĐŽŶƚĂĐƚ
ĂŶĚƌĞůŽĐĂƚŝŽŶŝŶĨŽŝŶƚŚĞĐŽŶƐƚƌƵĐƚŝŽŶĚŽĐƵŵĞŶƚƐĂƐ
ƚŚĞǇƉĞƌƚĂŝŶƚŽƚŚĞƌŽĂĚǁĂǇĐƌŽƐƐƐĞĐƚŝŽŶĂůĞůĞŵĞŶƚƐ
ĂŶĚƚŚĞĚĞƐŝŐŶŽĨƵŶĚĞƌŐƌŽƵŶĚĨĂĐŝůŝƚŝĞƐ͘
ƐĚĞƐŝƌĞĚďǇƚŚĞĨƌĂŶĐŚŝƐĞƵƚŝůŝƚǇĐŽŵƉĂŶŝĞƐ͕YƵŝŶĐǇ
ǁŝůůĐŽŶǀĞŶĞĐŽůůĞĐƚŝǀĞƵƚŝůŝƚǇƉůĂŶŶŝŶŐŵĞĞƚŝŶŐƐƚŽ
ĚŝƐĐƵƐƐƉŽƚĞŶƚŝĂůŝŵƉĂĐƚƐĂŶĚƌĞůŽĐĂƚŝŽŶƐƚƌĂƚĞŐŝĞƐ͘/ƚ ŝƐĂŶƚŝĐŝƉĂƚĞĚƚŚĂƚĂƚůĞĂƐƚŽŶĞŽĨƚŚĞƐĞŵĞĞƚŝŶŐƐǁŝůů ŽĐĐƵƌĂƚƚŚĞŝŶƚĞƌƐĞĐƚŝŽŶƉƌŽũĞĐƚƐŝƚĞ͘,ŽǁĞǀĞƌ͕ǁĞ
ƵŶĚĞƌƐƚĂŶĚƚŚĂƚŝŶĚŝǀŝĚƵĂůŵĞĞƚŝŶŐƐŵĂǇďĞŶĞĞĚĞĚ
ǁŝƚŚŝŶĚŝǀŝĚƵĂůĂŐĞŶĐŝĞƐŽƌƐƚĂĨĨƚŽĐŽŶĨŝƌŵŝŵƉĂĐƚƐ
ĂƌĞĂĚĞƋƵĂƚĞůǇĂĚĚƌĞƐƐĞĚ͘tŝƚŚƚŚĂƚŝŶŵŝŶĚ͕ǁĞ
ŚĂǀĞďƵĚŐĞƚĞĚĨŽƌƵƉƚŽƚŚƌĞĞĐŽůůĞĐƚŝǀĞƵƚŝůŝƚǇ
ŵĞĞƚŝŶŐƐǁŝƚŚƚŚĞYƵŝŶĐǇĂŶĚŝƚǇWD͕ĂƐǁĞůůĂƐƵƉ
ƚŽϴĂĚĚŝƚŝŽŶĂůŝŶĚŝǀŝĚƵĂůŵĞĞƚŝŶŐƐ͘
ĞůŝǀĞƌĂďůĞƐ͗
•ŝƐƚƌŝďƵƚĞhƚŝůŝƚǇ͚͛>ĞƚƚĞƌ
•WůĂŶĂŶĚƚƚĞŶĚŽůůĞĐƚŝǀĞhƚŝůŝƚǇDĞĞƚŝŶŐƐ;ƵƉƚŽ
ƚŚƌĞĞ͕ŽŶĞĂƚƉƌŽũĞĐƚƐŝƚĞͿ
•WůĂŶĂŶĚƚƚĞŶĚ/ŶĚŝǀŝĚƵĂůhƚŝůŝƚǇDĞĞƚŝŶŐƐ;ƵƉƚŽ
ĞŝŐŚƚͿ

d^ /Es
^d/'d/KE
zĞŚΘƐƐŽĐŝĂƚĞƐ;zĞŚͿǁŝůůƉĞƌĨŽƌŵĞǆƉůŽƌĂƚŽƌǇ
ďŽƌŝŶŐƐĂŶĚƉƌĞƉĂƌĞĂ'ĞŽƚĞĐŚŶŝĐĂůĞƐŝŐŶZĞƉŽƌƚĂƐ
ŝŶƉƵƚƚŽƚŚĞĚĞƐŝŐŶŽĨƚŚĞƉƌŽũĞĐƚ͘ƐĂǀĂŝůĂďůĞ͕
ƉƌĞǀŝŽƵƐĚĂƚĂǁŝůůďĞƌĞǀŝĞǁĞĚĂŶĚŝŶĐŽƌƉŽƌĂƚĞĚŝŶƚŽ
ƚŚĞ'ĞŽƚĞĐŚŶŝĐĂůĞƐŝŐŶZĞƉŽƌƚ͘
ŽŽƌĚŝŶĂƚŝŽŶ͕,ĞĂůƚŚĂŶĚ^ĂĨĞƚǇ͕ĂŶĚWĞƌŵŝƚƐ
zĞŚǁŝůůƉƌĞƉĂƌĞĂŚĞĂůƚŚĂŶĚƐĂĨĞƚǇƉůĂŶĨŽƌƚŚĞĨŝĞůĚ ǁŽƌŬ͕ǀŝƐŝƚƚŚĞƐŝƚĞƚŽŵĂƌŬƚŚĞůŽĐĂƚŝŽŶƐŽĨƚŚĞ
ƉůĂŶŶĞĚĞǆƉůŽƌĂƚŝŽŶƐ͕ĂŶĚĐŽŶƚĂĐƚhŶĚĞƌŐƌŽƵŶĚ
^ĞƌǀŝĐĞƐůĞƌƚ;h^ͿƚŽĐŽŶƚĂĐƚƵƚŝůŝƚǇĐŽŵƉĂŶŝĞƐƚŽ
ƌĞǀŝĞǁƚŚĞůŽĐĂƚŝŽŶƐƉƌŝŽƌƚŽďĞŐŝŶŶŝŶŐƚŚĞĨŝĞůĚ
ĞǆƉůŽƌĂƚŝŽŶƉƌŽŐƌĂŵ͘zĞŚǁŝůůŶŽƚďĞƌĞƐƉŽŶƐŝďůĞĨŽƌ
ĚĂŵĂŐĞƚŽƵŶŵĂƌŬĞĚŽƌŵŝƐŵĂƌŬĞĚƵƚŝůŝƚŝĞƐ͘tĞǁŝůů
ƐƵďŵŝƚĂŶĚŽďƚĂŝŶĂŶĞŶĐƌŽĂĐŚŵĞŶƚƉĞƌŵŝƚ
;ĂƐƐƵŵĞĚƚŽďĞŶŽͲĨĞĞͿǁŝƚŚƚŚĞŝƚǇŽĨWŝƐŵŽĞĂĐŚ
ĨŽƌŽƵƌĨŝĞůĚǁŽƌŬǁŝƚŚŝŶƚŚĞŝƚǇƌŝŐŚƚͲŽĨͲǁĂǇ͘zĞŚ
ĂƐƐƵŵĞƐƚŚĂƚŝĨĂŶǇĞŶǀŝƌŽŶŵĞŶƚĂůƐƚƵĚŝĞƐ͕ƌĞƉŽƌƚƐ͕
ŽƌŵŽŶŝƚŽƌƐĂƌĞƌĞƋƵŝƌĞĚĨŽƌƚŚŝƐǁŽƌŬƚŚĂƚƚŚŽƐĞ
ƐĞƌǀŝĐĞƐǁŝůůďĞƉƌŽǀŝĚĞĚďǇŽƚŚĞƌƐ͘ƌŝůůŝŶŐĂŶĚƚƌĂĨĨŝĐ ĐŽŶƚƌŽůǁŝůůďĞĐŽŽƌĚŝŶĂƚĞĚ͘
^ƵďƐƵƌĨĂĐĞ
ǆƉůŽƌĂƚŝŽŶʹƌŝůůŝŶŐ
ŽƌŝŶŐƐĂƌĞƉůĂŶŶĞĚŽŶƚŚĞĞǆŝƐƚŝŶŐƉĂǀĞĚƌŽĂĚǁĂǇƐ
ĂƚƚŚĞŝŶƚĞƌƐĞĐƚŝŽŶŽĨĞůůŽ^ƚƌĞĞƚĂŶĚWƌŝĐĞĂŶǇŽŶ
ZŽĂĚ͘tĞŚĂǀĞĂƐƐƵŵĞĚƚŚĂƚƚƌĂĨĨŝĐĐŽŶƚƌŽůƐĞƌǀŝĐĞƐ
ƐƵďĐŽŶƚƌĂĐƚĞĚƚŽzĞŚǁŝůůďĞŶĞĞĚĞĚƚŽĂůĞƌƚĚƌŝǀĞƌƐ
ŽĨƚŚĞǁŽƌŬǌŽŶĞǁŚŝĐŚǁŝůůŝŶǀŽůǀĞĂůĂŶĞĐůŽƐƵƌĞ͘
ŽƌŝŶŐƐǁŝƚŚŝŶƉĂǀĞŵĞŶƚĂƌĞĂƐǁŝůůďĞƐƵƌĨĂĐĞ
ƉĂƚĐŚĞĚǁŝƚŚƌĂƉŝĚͲƐĞƚĐŽŶĐƌĞƚĞĚǇĞĚďůĂĐŬƚŽŵĂƚĐŚ
ƚŚĞĞǆŝƐƚŝŶŐƉĂǀĞŵĞŶƚ͘
ǆĐĞƐƐƐŽŝůĐƵƚƚŝŶŐƐǁŝůůďĞ
ƐƉƌĞĂĚŽƵƚĂůŽŶŐƚŚĞƐŚŽƵůĚĞƌŽĨĞǆŝƐƚŝŶŐƌŽĂĚǁĂǇƐ͘
>ĂďŽƌĂƚŽƌǇdĞƐƚŝŶŐ
zĞŚǁŝůůƐĐŚĞĚƵůĞĂŶĚƉĞƌĨŽƌŵůĂďŽƌĂƚŽƌǇƚĞƐƚŝŶŐŽŶ
ƐĞůĞĐƚĞĚƐĂŵƉůĞƐƌĞĐŽǀĞƌĞĚĨƌŽŵƚŚĞĨŝĞůĚ
ĞǆƉůŽƌĂƚŝŽŶƉƌŽŐƌĂŵƚŽĐŚĂƌĂĐƚĞƌŝǌĞƚŚĞŐĞŽƚĞĐŚŶŝĐĂů
ƉƌŽƉĞƌƚŝĞƐĂŶĚĐůĂƐƐŝĨŝĐĂƚŝŽŶŽĨƐƵďƐƵƌĨĂĐĞŵĂƚĞƌŝĂůƐ
ĞŶĐŽƵŶƚĞƌĞĚ͘dĞƐƚƐĨŽƌĐůĂƐƐŝĨŝĐĂƚŝŽŶ͕ĐŽŵƉĂĐƚŝŽŶ͕
ƐƚƌĞŶŐƚŚ͕ZͲǀĂůƵĞ͕ĂŶĚĐŽƌƌŽƐŝǀŝƚǇǁŝůůďĞƉĞƌĨŽƌŵĞĚ͘
dŚĞƚǇƉĞƐĂŶĚŶƵŵďĞƌƐŽĨƚĞƐƚƐŵĂǇǀĂƌǇĚĞƉĞŶĚŝŶŐ
ŽŶƚŚĞƐƵďƐƵƌĨĂĐĞĐŽŶĚŝƚŝŽŶƐĞŶĐŽƵŶƚĞƌĞĚ͘
'ĞŽƚĞĐŚŶŝĐĂůĞƐŝŐŶZĞƉŽƌƚ
zĞŚǁŝůůƐƵŵŵĂƌŝǌĞƚŚĞĐŽůůĞĐƚĞĚĚĂƚĂ͕ƉĞƌĨŽƌŵ
ŐĞŽƚĞĐŚŶŝĐĂůĂŶĂůǇƐĞƐ͕ĂŶĚƉƌĞƉĂƌĞĂ'ĞŽƚĞĐŚŶŝĐĂů
ĞƐŝŐŶZĞƉŽƌƚƚŽƐƵƉƉŽƌƚƚŚĞƉƌŽũĞĐƚĚĞƐŝŐŶ͘ĚƌĂĨƚ
ƌĞƉŽƌƚǁŝůůďĞƉƌĞƉĂƌĞĚĂŶĚŝƐƐƵĞĚŝŶƉŽƌƚĂďůĞ
ĚŽĐƵŵĞŶƚĨŝůĞ;ƉĚĨͿĨŽƌŵĂƚĨŽƌƌĞǀŝĞǁďǇƚŚĞŝƚǇĂŶĚ
ĚĞƐŝŐŶƚĞĂŵ͘dŚĞƌĞƉŽƌƚǁŝůůƉƌŽǀŝĚĞůŽŐƐŽĨƚŚĞ
ĞǆƉůŽƌĂƚŝŽŶƐ͕ŝŶĨŝůƚƌĂƚŝŽŶĚĂƚĂ͕ůĂďŽƌĂƚŽƌǇƚĞƐƚƌĞƐƵůƚƐ͕ ĂŶĚĂŵĂƉƐŚŽǁŝŶŐƚŚĞůŽĐĂƚŝŽŶƐŽĨƚŚĞďŽƌŝŶŐƐ͘dŚĞ
ƌĞƉŽƌƚǁŝůůƉƌŽǀŝĚĞĂĚŝƐĐƵƐƐŝŽŶŽĨƚŚĞƐƵďƐƵƌĨĂĐĞ
ĐŽŶĚŝƚŝŽŶƐĞŶĐŽƵŶƚĞƌĞĚĂŶĚĐŽŶĐůƵƐŝŽŶƐĂŶĚ
ƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐƌĞŐĂƌĚŝŶŐ͗
•'ĞŽůŽŐŝĐƐĞƚƚŝŶŐ
•^ŽŝůĂŶĚŐƌŽƵŶĚǁĂƚĞƌĐŽŶĚŝƚŝŽŶƐ
ĞŶĐŽƵŶƚĞƌĞĚ
•
ƐƚŝŵĂƚĞĚŚŝƐƚŽƌŝĐŚŝŐŚŐƌŽƵŶĚǁĂƚĞƌůĞǀĞů
ƌĞƉƌĞƐĞŶƚĂƚŝǀĞŽĨƚŚĞƐŝƚĞďĂƐĞĚŽŶ
ƉƌŽƉŽƐĞĚďŽƌŝŶŐƐĂŶĚĂŶǇĂǀĂŝůĂďůĞƉƌĞǀŝŽƵƐ
ŐĞŽƚĞĐŚŶŝĐĂůĚĂƚĂŽƌǁĞůůĚĂƚĂƉƵďůŝƐŚĞĚďǇ
ƚŚĞĂůŝĨŽƌŶŝĂ'ĞŽůŽŐŝĐĂů^ƵƌǀĞǇ͕ƚŚĞ
ĞƉĂƌƚŵĞŶƚŽĨtĂƚĞƌZĞƐŽƵƌĐĞƐ͕
'ĞŽdƌĂĐŬĞƌ͕ŽƌŽƚŚĞƌƉƵďůŝĐĚĂƚĂďĂƐĞƐ
•ŽƌƌŽƐŝŽŶƚĞƐƚĚĂƚĂĂŶĚĐŽŶƐŝĚĞƌĂƚŝŽŶƐĨŽƌ
ƌĞŝŶĨŽƌĐĞĚĐŽŶĐƌĞƚĞĂŶĚƐƚĞĞů
•^ŝƚĞƉƌĞƉĂƌĂƚŝŽŶ͕ŽǀĞƌĞǆĐĂǀĂƚŝŽŶ͕ĂŶĚ
ŐƌĂĚŝŶŐ
•DĂƚĞƌŝĂůƐƉĞĐŝĨŝĐĂƚŝŽŶƐĨŽƌĐŽŵƉĂĐƚĞĚĨŝůů͕
ƚƌĞŶĐŚďĂĐŬĨŝůů͕ŝŵƉŽƌƚĞĚĨŝůů͕ŐĞŽƐǇŶƚŚĞƚŝĐƐ͕
ĂŶĚŽƚŚĞƌŵĂƚĞƌŝĂůƐƚŚĂƚŵĂǇďĞ
ƌĞĐŽŵŵĞŶĚĞĚŝŶƚŚĞƌĞƉŽƌƚ
•^ŝƚĞĚƌĂŝŶĂŐĞĂŶĚĞƌŽƐŝŽŶ
•ĞƐŝŐŶŽĨĨŽƵŶĚĂƚŝŽŶƐĨŽƌƐŝŐŶĂůƐĂƐƐƵŵŝŶŐ
ƚŚĞǇǁŝůůďĞƐƵƉƉŽƌƚĞĚŽŶĐĂƐƚͲŝŶͲĚƌŝůůĞĚ
ŚŽůĞƐƉĞƌĂůƚƌĂŶƐ^ƚĂŶĚĂƌĚWůĂŶƐ
•WĂǀĞŵĞŶƚƐĞĐƚŝŽŶƐĨŽƌŚŽƚͲŵŝǆĂƐƉŚĂůƚ
ďĂƐĞĚŽŶZͲǀĂůƵĞƚĞƐƚƌĞƐƵůƚƐ͖ĂŶĚ
•ŽŶƐƚƌƵĐƚŝŽŶĐŽŶƐŝĚĞƌĂƚŝŽŶƐƌĞŐĂƌĚŝŶŐ
ĞǆĐĂǀĂƚŝŽŶĐŚĂƌĂĐƚĞƌŝƐƚŝĐƐŽĨƐŽŝů

9.C-12Council Agenda 8-2-2022
Attachment 2
Packet Page 26

ĞŶĐŽƵŶƚĞƌĞĚ͕ƚĞŵƉŽƌĂƌǇĞǆĐĂǀĂƚŝŽŶƐ͕ĂŶĚ
ŐƌŽƵŶĚǁĂƚĞƌ
ĞůŝǀĞƌĂďůĞƐ͗
•ƌĂĨƚ'ĞŽƚĞĐŚŶŝĐĂůĞƐŝŐŶZĞƉŽƌƚ
•&ŝŶĂů'ĞŽƚĞĐŚŶŝĐĂůĞƐŝŐŶZĞƉŽƌƚ

d^ ^hWWKZd^
Zs/
^

YŽĐƵŵĞŶƚĂƚŝŽŶ
/ƚŝƐĂŶƚŝĐŝƉĂƚĞĚƚŚĂƚĂŶ/ŶŝƚŝĂů^ƚƵĚǇ;/^ͿůĞĂĚŝŶŐƚŽĂ DŝƚŝŐĂƚĞĚEĞŐĂƚŝǀĞĞĐůĂƌĂƚŝŽŶ;DEͿǁŝůůďĞƚŚĞ
ĂƉƉƌŽƉƌŝĂƚĞ
YĚŽĐƵŵĞŶƚ͘^tǁŝůůƉƌĞƉĂƌĞƚŚĞ
/^ͬDEƵƐŝŶŐƚŚĞŝƚǇ͛ƐƉƌĞĨĞƌƌĞĚĨŽƌŵĂƚĂƐƚŚĞůĞĂĚ
ĂŐĞŶĐǇ͘/ƚŝƐĂůƐŽĂƐƐƵŵĞĚƚŚĂƚƚŚĞŝƚǇǁŝůůďĞ
ƌĞƐƉŽŶƐŝďůĞĨŽƌƚŚĞƉƵďůŝĐŶŽƚŝĐŝŶŐĂŶĚĂƚƚĞŶĚĂŶĐĞĂƚ
ĂŶǇƉƵďůŝĐŚĞĂƌŝŶŐ͘^tǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌ
ƉƵďůŝƐŚŝŶŐƚŚĞĞŶǀŝƌŽŶŵĞŶƚĂůĚŽĐƵŵĞŶƚƐĂŶĚ
ĚŽĐƵŵĞŶƚƌĞǀŝƐŝŽŶƐĂĨƚĞƌƉƵďůŝĐƌĞǀŝĞǁĂŶĚ
ƉƌĞƉĂƌĂƚŝŽŶŽĨƚŚĞĨŝŶĂůDE͘/ŶƚŚĞƵŶůŝŬĞůǇĞǀĞŶƚ
ƚŚĂƚĂŶ
ŶǀŝƌŽŶŵĞŶƚĂů/ŵƉĂĐƚZĞƉŽƌƚ;
/ZͿŝƐĚĞĞŵĞĚ
ŶĞĐĞƐƐĂƌǇ͕ƚŚĞŝƚǇǁŝůůďĞŝŵŵĞĚŝĂƚĞůǇŶŽƚŝĨŝĞĚĨŽƌ
ĂƉƉƌŽƉƌŝĂƚĞĂĐƚŝŽŶ͘
ĞůŝǀĞƌĂďůĞƐ͗
•
YŽĐƵŵĞŶƚ;/^ͬDEĂƐƐƵŵĞĚͿ

d^ d
ZEd/s
^Z

E/E'd
,E/>
D
DK
ĂƐĞĚŽŶƚŚĞƚĞĐŚŶŝĐĂůƐƚƵĚŝĞƐĚĞƚĂŝůĞĚĂďŽǀĞĂŶĚĂƐ
ĚŝƌĞĐƚĞĚďǇƚŚĞŝƚǇ͕ƚŚĞYƵŝŶĐǇƚĞĂŵǁŝůůĚĞǀĞůŽƉƵƉ
ƚŽƚŚƌĞĞŝŶƚĞƌƐĞĐƚŝŽŶůĂǇŽƵƚĂůƚĞƌŶĂƚŝǀĞƐĂŶĚ
ƌĞĐŽŵŵĞŶĚĂƉƌĞĨĞƌƌĞĚĂůƚĞƌŶĂƚŝǀĞƚŽƚŚĞŝƚǇĨŽƌ
ƌĞǀŝĞǁ͘dŚĞĂůƚĞƌŶĂƚŝǀĞƐǁŝůůĐŽŶƐŝĚĞƌƐŝŐŶĂůŝǌĂƚŝŽŶ͕
ǇŝĞůĚĐŽŶƚƌŽů;ƌŽƵŶĚĂďŽƵƚͿ͕ĂŶĚĨĞĂƚƵƌĞďŝĐǇĐůĞĂŶĚ
ƉĞĚĞƐƚƌŝĂŶŝŵƉƌŽǀĞŵĞŶƚƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐǁŚĞƌĞ
ĂƉƉƌŽƉƌŝĂƚĞ͘
dŚĞƚĞĂŵǁŝůůĞǀĂůƵĂƚĞƚƌĂĨĨŝĐŽƉĞƌĂƚŝŽŶƐĂŶĚ
ĐŽƌƌĞƐƉŽŶĚŝŶŐŝŶƚĞƌƐĞĐƚŝŽŶĚĞƐŝŐŶĐŽŶĨŝŐƵƌĂƚŝŽŶƐ͘
ĨŽĐƵƐǁŝůůďĞƵŶĚĞƌƐƚĂŶĚŝŶŐŝĨƚŚĞƌĞĂƌĞŝŶƚĞƌĂĐƚŝŽŶƐ
ǁŝƚŚƚŚĞh^ϭϬϭƐŽƵƚŚďŽƵŶĚĞǆŝƚƌĂŵƉƚĞƌŵŝŶĂů
ŝŶƚĞƌƐĞĐƚŝŽŶĂŶĚ͕ŝĨƐŽ͕ƚŽǁŚĂƚĞǆƚĞŶƚĚŽĞƐƚŚĂƚ
ĞĨĨĞĐƚƚŚĞƐƚƵĚǇŝŶƚĞƌƐĞĐƚŝŽŶĂŶĚĐŽŶĐĞƉƚƵĂůůǇǁŚĂƚ
ĂƌĞŶĞĞĚƐĂƚƚŚĞh^ϭϬϭͬ,ŝŶĚƐǀĞĞǆŝƚƌĂŵƉ
ƚĞƌŵŝŶĂůŝŶƚĞƌƐĞĐƚŝŽŶ͘
dŚĞƚĞĂŵǁŝůůĐŽŶƐŝĚĞƌƚŚĞŽƉĞƌĂƚŝŽŶĂůĂŶĚĚĞƐŝŐŶ
ĨŽŽƚƉƌŝŶƚĨŽƌĂƐŝŐŶĂůŝǌĞĚĂŶĚƌŽƵŶĚĂďŽƵƚ
ŝŶƚĞƌƐĞĐƚŝŽŶĨŽƌŵ͘ZŽƵŶĚĂďŽƵƚƉĞƌĨŽƌŵĂŶĐĞ
ƉƌŝŶĐŝƉůĞƐǁŝůůďĞƵƐĞĚƚŽĞǀĂůƵĂƚĞ͕ƌĞĨŝŶĞ͕ĂŶĚ
ƉŽƚĞŶƚŝĂůůǇƐĐƌĞĞŶŽƌĂĚǀĂŶĐĞĂƌŽƵŶĚĂďŽƵƚ͘/ĨĂ
ƌŽƵŶĚĂďŽƵƚŝƐĂĚǀĂŶĐĞĚ͕ƉĞƌĨŽƌŵĂŶĐĞĐŚĞĐŬƐĨŽƌ
ƌŽƵŶĚĂďŽƵƚĚĞƐŝŐŶǀĞŚŝĐůĞ͕ĨĂƐƚĞƐƚƉĂƚŚƐ͕ĂŶĚƐŝŐŚƚ
ĚŝƐƚĂŶĐĞǀĞƌŝĨŝĐĂƚŝŽŶǁŝůůďĞĐŽŵƉůĞƚĞĚĂŶĚŝŶĐůƵĚĞĚ
ŝŶƚŚĞĂƉƉĞŶĚŝĐĞƐ͘ŽŶƐŝĚĞƌĂƚŝŽŶǁŝůůďĞŐŝǀĞŶƚŽ
ĐŽƌƌŝĚŽƌůĞǀĞůƚƌĂĨĨŝĐĂŶĂůǇƐŝƐĂůŽŶŐWƌŝĐĞĂŶǇŽŶZĚ
ĨŽƌĞĂĐŚĂůƚĞƌŶĂƚŝǀĞĂŶĚƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐĨƌŽŵƚŚĞ
ŝƚǇ͛ƐĂƉƉƌŽǀĞĚŝƌĐƵůĂƚŝŽŶ
ůĞŵĞŶƚ͘ƐĂǀĂŝůĂďůĞ͕
ĐŽŶƐŝĚĞƌĂƚŝŽŶǁŝůůĂůƐŽďĞŐŝǀĞŶƚŽ͕ďŝŬĞ͕ĂŶĚ
ƉĞĚĞƐƚƌŝĂŶƉůĂŶŶŝŶŐĞůĞŵĞŶƚƐ͘ůƚĞƌŶĂƚŝǀĞƐǁŝůůďĞ
ĚĞǀĞůŽƉĞĚǁŝƚŚƚŚĞŝŶƚĞŶƚƚŽŽƉƚŝŵŝǌĞŽƉĞƌĂƚŝŽŶƐ
ǁŝƚŚŝŶƚŚĞŝŶƚĞƌƐĞĐƚŝŽŶƉƌŽƉĞƌ͕ĂƐǁĞůůĂƐƚŚĞŶĞĂƌďǇ
ƐŝŐŶĂůŝǌĞĚŝŶƚĞƌƐĞĐƚŝŽŶŽĨWƌŝĐĞ^ƚƌĞĞƚĂŶĚ,ŝŶĚƐ
ǀĞŶƵĞ͘/ŵƉƌŽǀĞŵĞŶƚƐŵĂǇĂůƐŽďĞǁĂƌƌĂŶƚĞĚĨŽƌ
ƚŚĞ,ŝŐŚǁĂǇϭϬϭ,ŝŶĚƐǀĞŶƵĞŽĨĨͲƌĂŵƉŝŶƚĞƌƐĞĐƚŝŽŶ
ĂŶĚǁŝůůďĞŝŶĐůƵĚĞĚŝŶƌĞĐŽŵŵĞŶĚĞĚĂůƚĞƌŶĂƚŝǀĞƐ͕ŝĨ
ǁĂƌƌĂŶƚĞĚ͘
dŚĞŝŶƚĞƌƐĞĐƚŝŽŶĐŽŶĐĞƉƚƐĂŶĚĨŽŽƚƉƌŝŶƚǁŝůůĐŽŶƐŝĚĞƌ
ĞŶǀŝƌŽŶŵĞŶƚĂů͕ƵƚŝůŝƚǇ͕ĂŶĚƌŝŐŚƚͲŽĨͲǁĂǇĐŽŶƐƚƌĂŝŶƚƐ
ĂŶĚŝŵƉĂĐƚƐĂŶĚƉůĂŶŶŝŶŐůĞǀĞůĐŽƐƚĞƐƚŝŵĂƚĞƐǁŝůůďĞ
ƉƌĞƉĂƌĞĚĨŽƌĞĂĐŚĂůƚĞƌŶĂƚŝǀĞ͘dŚĞƉƌĞůŝŵŝŶĂƌǇ͕
ƐŝŶŐůĞͲƉĂŐĞ͕ĐŽƐƚĞƐƚŝŵĂƚĞƐǁŝůůďĞƉƌĞƉĂƌĞĚǁŝƚŚĂ
ϰϬйĐŽŶƚŝŶŐĞŶĐǇƚŽĂĐĐŽƵŶƚĨŽƌƚŚĞƉůĂŶŶŝŶŐůĞǀĞů
ŶĂƚƵƌĞŽĨƚŚĞĐŽŶĐĞƉƚƵĂůĂůƚĞƌŶĂƚŝǀĞƐ͘ŽƐƚĞƐƚŝŵĂƚĞƐ
ǁŝůůŝŶĐůƵĚĞƚƌĂĨĨŝĐƐŝŐŶĂůĨĂĐŝůŝƚŝĞƐ͕ůŝŐŚƚŝŶŐ͕ƉĂǀĞŵĞŶƚ ƐƚƌƵĐƚƵƌĂůƐĞĐƚŝŽŶ͕ĂŶĚŚǇĚƌĂƵůŝĐƐƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ
ĂŶĚǁŝůůƌĞĨůĞĐƚƉŽƚĞŶƚŝĂůƌŝŐŚƚͲŽĨͲǁĂǇŝŵƉĂĐƚƐ͘
dŚĞĂůƚĞƌŶĂƚŝǀĞƐǁŝůůďĞƐƵŵŵĂƌŝǌĞĚŝŶĂdĞĐŚŶŝĐĂů
DĞŵŽƌĂŶĚƵŵĂŶĚĂƌĞĐŽŵŵĞŶĚĞĚĂůƚĞƌŶĂƚŝǀĞǁŝůů
ďĞŝĚĞŶƚŝĨŝĞĚĨŽƌW^Θ
ĚĞǀĞůŽƉŵĞŶƚ͘dŚĞŵĞŵŽǁŝůů
ďĞĚĞůŝǀĞƌĞĚƚŽƚŚĞŝƚǇĨŽƌƌĞǀŝĞǁ͘&ŽůůŽǁŝŶŐƚŚĞ
ŝƚǇ͛ƐƌĞǀŝĞǁ͘tĞĂŶƚŝĐŝƉĂƚĞĐŽŶǀĞŶŝŶŐĂƌĞǀŝĞǁ
ŵĞĞƚŝŶŐƚŽĐŽůůĂďŽƌĂƚŝǀĞůǇĚŝƐĐƵƐƐƚŚĞĂůƚĞƌŶĂƚŝǀĞƐ
ĂŶĚďĂƐĞĚŽŶŝƚǇĐŽŶĐƵƌƌĞŶĐĞ͕ƐĞůĞĐƚƚŚĞ
ĂƉƉƌŽƉƌŝĂƚĞĂůƚĞƌŶĂƚŝǀĞĨŽƌW^Θ
ĚĞǀĞůŽƉŵĞŶƚĂƐ
ŽƵƚůŝŶĞĚŝŶdĂƐŬϮ͘

ĞůŝǀĞƌĂďůĞƐ͗
•ƌĂĨƚůƚĞƌŶĂƚŝǀĞ^ĐƌĞĞŶŝŶŐdĞĐŚŶŝĐĂůDĞŵŽ
;W&Ϳ
•&ŝŶĂůůƚĞƌŶĂƚŝǀĞ^ĐƌĞĞŶŝŶŐdĞĐŚŶŝĐĂůDĞŵŽ;W&͕
ǁŝƚŚƐƵƉƉŽƌƚŝŶŐĂƉƉĞŶĚŝĐĞƐͿ
•WƌĞůŝŵŝŶĂƌǇůƚĞƌŶĂƚŝǀĞ>ĂǇŽƵƚƐ;ϭϭǆϭϳ͕W&͕ƵƉ
ƚŽƚŚƌĞĞͿ
•WƌĞůŝŵŝŶĂƌǇŽƐƚ
ƐƚŝŵĂƚĞƐ;W&͕ƵƉƚŽƚŚƌĞĞͿ
•hƚŝůŝƚǇKǁŶĞƌDĂƚƌŝǆͬdƌĂĐŬŝŶŐ>ŽŐ;
ǆĐĞůͿ

dd^
E'/E

Z/E'
^/'E
d^ E^͕^W
/&/d/KE^͕E

^d/Dd
^;W^Θ
Ϳ
ĂƐĞĚŽŶƚŚĞĂůƚĞƌŶĂƚŝǀĞƐĞůĞĐƚĞĚŝŶƚŚĞƉƌĞůŝŵŝŶĂƌǇ
ĞŶŐŝŶĞĞƌŝŶŐƚĂƐŬĂŶĚǁƌŝƚƚĞŶĐŽŵŵĞŶƚƐƌĞĐĞŝǀĞĚ
ĨƌŽŵƚŚĞŝƚǇ͕ƚŚĞYƵŝŶĐǇƚĞĂŵǁŝůůƉƌĞƉĂƌĞϱϬй
ƉůĂŶƐ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ͕ĂŶĚĐŽƐƚĞƐƚŝŵĂƚĞƐ͘WůĂŶƐǁŝůůďĞ ƉƌĞƉĂƌĞĚĂĐĐŽƌĚŝŶŐƚŽŝƚǇŽĨWŝƐŵŽĞĂĐŚ

ŶŐŝŶĞĞƌŝŶŐ^ƚĂŶĚĂƌĚƐĚĂƚĞĚƉƌŝůϮϬϮϬ͕ƚŚĞĂůƚƌĂŶƐ
WůĂŶƐWƌĞƉĂƌĂƚŝŽŶDĂŶƵĂů͕ĂŶĚĂůƚƌĂŶƐϮϬϭϴ
^ƚĂŶĚĂƌĚĞƚĂŝůƐĂŶĚ^ƉĞĐŝĨŝĐĂƚŝŽŶƐ͘ĞƐŝŐŶ

ǆĐĞƉƚŝŽŶƐ͕ŝĨŶĞĐĞƐƐĂƌǇ͕ǁŝůůďĞŝĚĞŶƚŝĨŝĞĚĂŶĚƚŚĞ
ĂƉƉƌŽƉƌŝĂƚĞĚŽĐƵŵĞŶƚĂƚŝŽŶǁŝůůďĞƉƌĞƉĂƌĞĚĂŶĚ
ƐƵďŵŝƚƚĞĚƚŽƚŚĞŝƚǇĨŽƌƌĞǀŝĞǁ͘
/ƚŝƐĂŶƚŝĐŝƉĂƚĞĚƚŚĂƚƚŚĞĨŽůůŽǁŝŶŐƐŚĞĞƚƐǁŝůůďĞ
ƉƌĞƉĂƌĞĚĨŽƌƚŚĞϱϬйĚĞƐŝŐŶƐƵďŵŝƚƚĂů͗
•dŝƚůĞ^ŚĞĞƚʹϭƐŚĞĞƚ
•WƌŽũĞĐƚŽŶƚƌŽůWůĂŶʹϭƐŚĞĞƚ
•dǇƉŝĐĂůƌŽƐƐ^ĞĐƚŝŽŶƐʹϮƐŚĞĞƚƐ
•ZŽĂĚǁĂǇ>ĂǇŽƵƚʹϮƐŚĞĞƚƐ
•ZŽĂĚǁĂǇWƌŽĨŝůĞƐʹϮƐŚĞĞƚƐ
•ŽŶƐƚƌƵĐƚŝŽŶĞƚĂŝůƐʹϮƐŚĞĞƚƐ
•tĂƚĞƌWŽůůƵƚŝŽŶŽŶƚƌŽůWůĂŶʹϭƐŚĞĞƚ
•hƚŝůŝƚǇWůĂŶʹϮƐŚĞĞƚƐ
•dƌĂĨĨŝĐ,ĂŶĚůŝŶŐWůĂŶƐĂŶĚĞƚĂŝůƐʹϯƐŚĞĞƚƐ
•^ŝŐŶŝŶŐĂŶĚ^ƚƌŝƉŝŶŐWůĂŶƐʹϮƐŚĞĞƚƐ
•^ŝŐŶĂůΘ>ŝŐŚƚŝŶŐWůĂŶƐʹϮ^ŚĞĞƚƐ
•^ŝŐŶĂů/ŶƚĞƌĐŽŶŶĞĐƚWůĂŶʹϭ^ŚĞĞƚ;ŝĨ
ĂƉƉůŝĐĂďůĞͿ
•^ƚĂŶĚĂƌĚWůĂŶƐĂŶĚƌĂǁŝŶŐƐʹϯƐŚĞĞƚƐ
ƉƉƌŽǆŝŵĂƚĞ^ŚĞĞƚŽƵŶƚʹϮϰ^ŚĞĞƚƐ
ƐƉĂƌƚŽĨƚŚĞĚĞǀĞůŽƉŵĞŶƚŽĨƚŚĞϱϬйWůĂŶƐ͕
^ƉĞĐŝĨŝĐĂƚŝŽŶƐĂŶĚ
ƐƚŝŵĂƚĞƚĂƐŬ͕ǁĞǁŝůůƉƌĞƉĂƌĞĂůŝƐƚ
ŽĨĂŶƚŝĐŝƉĂƚĞĚ^ƚĂŶĚĂƌĚ^ƉĞĐŝĂůWƌŽǀŝƐŝŽŶƐ;^^WƐͿ
ďĂƐĞĚŽŶŝƚǇďŽŝůĞƌƉůĂƚĞƐƉĞĐŝĨŝĐĂƚŝŽŶƐĂŶĚƚŚĞϮϬϭϴ
ĂůƚƌĂŶƐ^ƚĂŶĚĂƌĚ^ƉĞĐŝĨŝĐĂƚŝŽŶƐ͘dŚĞůŝƐƚǁŝůůŝŶĐůƵĚĞ ĂƉƉůŝĐĂďůĞƌŽĂĚǁĂǇ͕ĚƌĂŝŶĂŐĞ͕ĂŶĚĞůĞĐƚƌŝĐĂůƐƉĞĐŝĂů
ƉƌŽǀŝƐŝŽŶƐ͘
tĞǁŝůůŝĚĞŶƚŝĨǇŶŽŶͲƐƚĂŶĚĂƌĚƐƉĞĐŝĂůƉƌŽǀŝƐŝŽŶƐƚŚĂƚ
ŵĂǇďĞƌĞƋƵŝƌĞĚ͘
ƉƌĞůŝŵŝŶĂƌǇĐŽŶƚƌĂĐƚďŝĚŝƚĞŵůŝƐƚǁŝůůďĞƉƌĞƉĂƌĞĚ͘ KŶĞƐĞƚŽĨƉƌĞůŝŵŝŶĂƌǇƋƵĂŶƚŝƚŝĞƐǁŝůůďĞĐĂůĐƵůĂƚĞĚ͕
ĂŶĚĂůƚƌĂŶƐĂŶĚůŽĐĂůĂŐĞŶĐǇĐŽŶƐƚƌƵĐƚŝŽŶĐŽƐƚ
ŝŶĨŽƌŵĂƚŝŽŶǁŝůůďĞƵƐĞĚƚŽĂƐƐŝŐŶƵŶŝƚĐŽƐƚƐƚŽĞĂĐŚ
ďŝĚŝƚĞŵ͘ϱϬйĐŽƐƚĞƐƚŝŵĂƚĞǁŝůůƚŚĞŶďĞƉƌŽĚƵĐĞĚ͘
ĐŽŶƚŝŶŐĞŶĐǇŽĨϮϬйǁŝůůďĞŝŶĐŽƌƉŽƌĂƚĞĚĂƚƚŚŝƐ
ƉŽŝŶƚƚŽƌĞĨůĞĐƚƚŚĞƉƌĞůŝŵŝŶĂƌǇŶĂƚƵƌĞŽĨƚŚĞ
ĞƐƚŝŵĂƚĞ͘
tĞĂŶƚŝĐŝƉĂƚĞƚŚĂƚƵƚŝůŝƚǇŝŵƉĂĐƚƐ͕ďĂƐĞĚŽŶƚŚĞ
ƉƌĞĨĞƌƌĞĚĂůƚĞƌŶĂƚŝǀĞĂŶĚŝĚĞŶƚŝĨŝĞĚƵƚŝůŝƚǇĨĂĐŝůŝƚŝĞƐ͕ ǁŝůůďĞĂĚĞƋƵĂƚĞůǇŝĚĞŶƚŝĨŝĞĚƚŽŶŽƚŝĨǇƵƚŝůŝƚǇŽǁŶĞƌƐ ŽĨƚŚĞŶĞĞĚƚŽĂĚũƵƐƚŽƌƌĞůŽĐĂƚĞƚŚĞŝƌĨĂĐŝůŝƚŝĞƐ͘
YƵŝŶĐǇǁŝůůƉƌĞƉĂƌĞĂŶĚĚŝƐƚƌŝďƵƚĞƵƚŝůŝƚǇ͚͛ůĞƚƚĞƌƐƚŽ ĂĨĨĞĐƚĞĚƵƚŝůŝƚǇŽǁŶĞƌƐĂŶĚĐŽŽƌĚŝŶĂƚĞĨŝŶĂůĚĞƚĂŝůƐ
ƌĞůĂƚĞĚƚŽƵƚŝůŝƚǇƌĞůŽĐĂƚŝŽŶĂŶĚͬŽƌĂĚũƵƐƚŵĞŶƚƐƚŽƚŚĞ ŝŶƚĞƌƐĞĐƚŝŽŶĐŽŶĨŝŐƵƌĂƚŝŽŶ͘
ĞůŝǀĞƌĂďůĞƐ͗
•ϱϬйWůĂŶƐ;ϭϭǆϭϳ͕W&Ϳ
•ϱϬйŽŶƐƚƌƵĐƚŝŽŶŽƐƚ
ƐƚŝŵĂƚĞ;
ǆĐĞůͿ
•>ŝƐƚŽĨĂŶƚŝĐŝƉĂƚĞĚ^^WƐ;W&Ϳ
•ĞƐŝŐŶ
ǆĐĞƉƚŝŽŶŽĐƵŵĞŶƚĂƚŝŽŶ;W&͕ĂƐ
ŝĚĞŶƚŝĨŝĞĚͿ
•ŝƐƚƌŝďƵƚĞhƚŝůŝƚǇ͚͛>ĞƚƚĞƌƐ;ƵƉƚŽƚŚƌĞĞͿ
•hƉĚĂƚĞĚhƚŝůŝƚǇKǁŶĞƌDĂƚƌŝǆͬdƌĂĐŬŝŶŐ>ŽŐ
;
ǆĐĞůͿ

d^ E^͕^W
/&/d/KE^͕E

^d/Dd
^;W^Θ
Ϳ
YƵŝŶĐǇǁŝůůĐŽŽƌĚŝŶĂƚĞĂŶĚĂƚƚĞŶĚĂϱϬйW^Θ
ƌĞǀŝĞǁ
ŵĞĞƚŝŶŐǁŝƚŚƚŚĞŝƚǇ͘/ƚŝƐĂŶƚŝĐŝƉĂƚĞĚƚŚĂƚƚŚĞŝƚǇ ǁŝůůƉƌŽǀŝĚĞĐŽŵŵĞŶƚƐŽŶƚŚĞϱϬйW^Θ
ƐƵďŵŝƚƚĂůŝŶ
ǁƌŝƚƚĞŶĨŽƌŵ͘ĂƐĞĚŽŶƚŚĞƐĞĐŽŵŵĞŶƚƐĂŶĚ
ĐŽŽƌĚŝŶĂƚŝŽŶǁŝƚŚƚŚĞŝƚǇ͕ƚŚĞĚĞƐŝŐŶƚĞĂŵǁŝůů
ŝŶĐŽƌƉŽƌĂƚĞƚŚĞĐŽŵŵĞŶƚƐĂŶĚĞĚŝƚƐĂƐĂƉƉƌŽƉƌŝĂƚĞ
ĂŶĚĂĚǀĂŶĐĞƚŚĞĚĞƐŝŐŶ͕ƉůĂŶƐ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ͕ĂŶĚ
ĐŽƐƚĞƐƚŝŵĂƚĞƚŽƚŚĞϵϬйW^Θ
ƐƚĂŐĞ͘dŚĞϵϬйWůĂŶƐ͕
^ƉĞĐŝĨŝĐĂƚŝŽŶƐĂŶĚ
ƐƚŝŵĂƚĞǁŝůůĂůƐŽďĞƌĞǀŝĞǁĞĚďǇĂ
ƐĞŶŝŽƌůĞǀĞůĞŶŐŝŶĞĞƌĂƐƉĂƌƚŽĨŽƵƌŝŶƚĞƌŶĂůYͬY
ƉůĂŶƌĞƋƵŝƌĞŵĞŶƚƐ͘

9.C-13Council Agenda 8-2-2022
Attachment 2
Packet Page 27

dŚĞYƵŝŶĐǇƚĞĂŵǁŝůůƉƌĞƉĂƌĞƌĞƋƵŝƌĞĚƚĞĐŚŶŝĐĂů
ƐƉĞĐŝĂůƉƌŽǀŝƐŝŽŶƐĨŽƌƚŚĞĞůůŽ^ƚƌĞĞƚƚƌĂĨĨŝĐƐŝŐŶĂů ƉƌŽũĞĐƚŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚŝƚǇďŽŝůĞƌƉůĂƚĞ
ƐƉĞĐŝĨŝĐĂƚŝŽŶƐĂŶĚĂůƚƌĂŶƐϮϬϭϴ^ƚĂŶĚĂƌĚ
^ƉĞĐŝĨŝĐĂƚŝŽŶƐ͘dŚĞƚĞĂŵǁŝůůƐƵƉƉůǇƉƌŽũĞĐƚƐƉĞĐŝĨŝĐ
ŝŶĨŽƌŵĂƚŝŽŶƚŽƚŚĞŝƚǇĨŽƌŝŶĐůƵƐŝŽŶŝŶƚŽƚŚĞŝƚǇ͛Ɛ
ďŽŝůĞƌƉůĂƚĞƐƉĞĐŝĨŝĐĂƚŝŽŶƐ͕ŝŶĐůƵĚŝŶŐŽƌĚĞƌŽĨǁŽƌŬ͕
ƚŝŵĞŽĨĐŽŵƉůĞƚŝŽŶ͕ƵƚŝůŝƚǇĐŽŶƚĂĐƚƐĂƐŶĞĐĞƐƐĂƌǇ͘/ƚŝƐ ĂƐƐƵŵĞĚƚŚĂƚƚŚĞŝƚǇǁŝůůƉƌĞƉĂƌĞƚŚĞĨŝŶĂů͞ďŽŝůĞƌ
ƉůĂƚĞ͟ĚŽĐƵŵĞŶƚƐĨŽƌĨŝŶĂůďŝĚĚŝŶŐ͘
dŚĞĐŽŶƐƚƌƵĐƚŝŽŶĐŽƐƚĞƐƚŝŵĂƚĞǁŝůůďĞƵƉĚĂƚĞĚďĂƐĞĚ
ŽŶĚĞƐŝŐŶƌĞǀŝƐŝŽŶƐŵĂĚĞŝŶƚŚĞϵϬйƉůĂŶƐ͕ĂŶĚ
ƋƵĂŶƚŝƚŝĞƐǁŝůůďĞŝŶĚĞƉĞŶĚĞŶƚůǇĐŚĞĐŬĞĚďǇĂŶ
ĞŶŐŝŶĞĞƌǁŝƚŚŶŽƉƌŝŽƌŝŶǀŽůǀĞŵĞŶƚǁŝƚŚƚŚĞƉƌŽũĞĐƚ͘
dŚĞƋƵĂŶƚŝƚǇĐĂůĐƵůĂƚŝŽŶƐǁŝůůďĞŽƌŐĂŶŝǌĞĚĂŶĚ
ĚĞƚĂŝůĞĚĨŽƌƵƐĞďǇĨŝĞůĚŝŶƐƉĞĐƚŽƌƐĚƵƌŝŶŐ
ĐŽŶƐƚƌƵĐƚŝŽŶ͘hŶŝƚĐŽƐƚƐǁŝůůďĞƌĞǀŝĞǁĞĚĂŶĚ
ƵƉĚĂƚĞĚĨŽƌĞĂĐŚĐŽŶƚƌĂĐƚŝƚĞŵĂŶĚǁŝůůďĞďĂƐĞĚŽŶ
ƚŚĞůĂƚĞƐƚĂǀĂŝůĂďůĞĚĂƚĂĨƌŽŵƚŚĞůŽĐĂůĂŶĚƌĞŐŝŽŶĂů
ƉƌŽũĞĐƚƐŽĨƐŝŵŝůĂƌƐĐŽƉĞĂŶĚƐŝǌĞ͘
YƵŝŶĐǇǁŝůůƵƚŝůŝǌĞŽƵƌŝŶͲŚŽƵƐĞĐŽŶƐƚƌƵĐƚŝŽŶ
ŵĂŶĂŐĞŵĞŶƚƐƚĂĨĨƚŽƉĞƌĨŽƌŵĂĐŽŵƉƌĞŚĞŶƐŝǀĞ
ĐŽŶƐƚƌƵĐƚĂďŝůŝƚǇƌĞǀŝĞǁŽŶƚŚĞϵϬйƉůĂŶƐ͘dŚŝƐƚĂƐŬ
ŝŶĐůƵĚĞƐƉůĂŶƌĞǀŝĞǁ͕ĚŽĐƵŵĞŶƚŝŶŐĐŽŵŵĞŶƚƐĂŶĚ
ƌĞƐŽůǀŝŶŐŝŶƚĞƌŶĂůĐŽŵŵĞŶƚƐŽƌĚŝƐĐƌĞƉĂŶĐŝĞƐǁŝƚŚŝŶ
ƚŚĞĐŽŶƐƚƌƵĐƚŝŽŶĚŽĐƵŵĞŶƚƐ͘
YƵŝŶĐǇǁŝůůƉƌĞƉĂƌĞĂĐŽŶƐƚƌƵĐƚŝŽŶƐĐŚĞĚƵůĞƚŽ
ĞƐƚŝŵĂƚĞƚŚĞŶƵŵďĞƌŽĨǁŽƌŬŝŶŐĚĂǇƐƚŽďĞŝŶĐůƵĚĞĚ
ŝŶƚŚĞĐŽŶƐƚƌƵĐƚŝŽŶĐŽŶƚƌĂĐƚ͘dŚĞƐĐŚĞĚƵůĞǁŝůůďĞ
ƉƌĞƉĂƌĞĚƵƐŝŶŐDŝĐƌŽƐŽĨƚWƌŽũĞĐƚĂŶĚǁŝůůďĞ
ƉƌŽǀŝĚĞĚƚŽƚŚĞZĞƐŝĚĞŶƚ
ŶŐŝŶĞĞƌĨŽƌƚŚĞŝƌƵƐĞ
ĚƵƌŝŶŐĐŽŶƐƚƌƵĐƚŝŽŶ͘
ĞůŝǀĞƌĂďůĞƐ͗
•ϵϬйWůĂŶƐ;ϭϭǆϭϳ͕W&Ϳ
•ϵϬйŽŶƐƚƌƵĐƚŝŽŶŽƐƚ
ƐƚŝŵĂƚĞ;
ǆĐĞůͿ
•ƌĂĨƚdĞĐŚŶŝĐĂů^ƉĞĐŝĂůWƌŽǀŝƐŝŽŶƐ;W&Ϳ
•ƌĂĨƚtŽƌŬŝŶŐĂǇŽŶƐƚƌƵĐƚŝŽŶ^ĐŚĞĚƵůĞ;W&Ϳ
•YͬYŽĐƵŵĞŶƚĂƚŝŽŶ;W&Ϳ
•hƉĚĂƚĞĚhƚŝůŝƚǇKǁŶĞƌDĂƚƌŝǆͬdƌĂĐŬŝŶŐ>ŽŐ
;
ǆĐĞůͿ

d^ dZE^
EZK,D
EdW
ZD/d
ƵƌŝŶŐƚŚĞϵϬйW^Θ
ƉŚĂƐĞƚŚĞYƵŝŶĐǇƚĞĂŵǁŝůů
ƉƌĞƉĂƌĞĂŶĚƐƵďŵŝƚĂĂůƚƌĂŶƐ
ŶĐƌŽĂĐŚŵĞŶƚWĞƌŵŝƚ
ǁŝƚŚŝƐƚƌŝĐƚϱƚŽĐŽŶĨŝƌŵƚŚĞƉĞƌŵŝƚŝƐƌĞĂĚǇĂŶĚ
ĂǀĂŝůĂďůĞĨŽƌƚŚĞŽŶƚƌĂĐƚŽƌĚƵƌŝŶŐĐŽŶƐƚƌƵĐƚŝŽŶĨŽƌ
ǁŽƌŬŽŶŽƌĂƌŽƵŶĚ,ŝŐŚǁĂǇϭϬϭĂŶĚƚŚĞ,ŝŶĚƐ
ǀĞŶƵĞŽĨĨͲƌĂŵƉ͘ŽŶƐƚƌƵĐƚŝŽŶĞůĞŵĞŶƚƐŵĂǇŝŶĐůƵĚĞ
ƐŝŐŶĂůŵĂŝŶƚĞŶĂŶĐĞ͕ƚƌĂĨĨŝĐĐŽŶƚƌŽůĞůĞŵĞŶƚƐ͕ĂŶĚͬŽƌ
ŵŝŶŽƌĐŽŶƐƚƌƵĐƚŝŽŶŵŽĚŝĨŝĐĂƚŝŽŶƐ͘dŚĞƉĞƌŵŝƚ
ƉĂĐŬĂŐĞǁŝůůďĞŵĂĚĞĂǀĂŝůĂďůĞƚŽƚŚĞŝƚǇĨŽƌƌĞǀŝĞǁ
ƉƌŝŽƌƚŽƐƵďŵŝƚƚĂůƚŽĂůƚƌĂŶƐ͕ŝĨĚĞƐŝƌĞĚ͘ĂƐĞĚŽŶ
ĞǆƉĞƌŝĞŶĐĞǁŝƚŚƚŚĞĂůƚƌĂŶƐĞŶĐƌŽĂĐŚŵĞŶƚƉĞƌŵŝƚ
ƉƌŽĐĞƐƐ͕ǁĞĂŶƚŝĐŝƉĂƚĞƌĞĐĞŝǀŝŶŐĐŽŵŵĞŶƚƐŽŶŽƵƌ
ŝŶŝƚŝĂůƐƵďŵŝƚƚĂůĂŶĚƌĞǀŝĞǁďǇĂůƚƌĂŶƐŝƐƚƌŝĐƚϱĂŶĚ ŚĂǀĞŝŶĐůƵĚĞĚĂĚƌĂĨƚĂŶĚĨŝŶĂůƉĞƌŵŝƚƐƵďŵŝƚƚĂů
ĂĐĐŽƌĚŝŶŐůǇ͘
ĞůŝǀĞƌĂďůĞƐ͗
•ƌĂĨƚĂůƚƌĂŶƐ
ŶĐƌŽĂĐŚŵĞŶƚWĞƌŵŝƚ;W&Ϳ
•&ŝŶĂůĂůƚƌĂŶƐ
ŶĐƌŽĂĐŚŵĞŶƚWĞƌŵŝƚ;W&Ϳ

d^ E^͕^W
/&/d/KE^͕E

^d/Dd
^;W^Θ
Ϳ
YƵŝŶĐǇǁŝůůĐŽŽƌĚŝŶĂƚĞĂŶĚĂƚƚĞŶĚĂϵϬйĚĞƐŝŐŶ
ƌĞǀŝĞǁŵĞĞƚŝŶŐ͘dŚĞĨŝŶĂůƉůĂŶƐ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ͕ĂŶĚ
ĐŽƐƚĞƐƚŝŵĂƚĞǁŝůůƚŚĞŶďĞƌĞǀŝƐĞĚďĂƐĞĚŽŶǁƌŝƚƚĞŶ
ĐŽŵŵĞŶƚƐƌĞĐĞŝǀĞĚĨƌŽŵƚŚĞϵϬйƐƵďŵŝƚƚĂůĂŶĚ
ƉƌĞƉĂƌĞĚĨŽƌĨŝŶĂůďŝĚĚŝŶŐ͘YƵŝŶĐǇǁŝůůŝŶĐŽƌƉŽƌĂƚĞ
ĐŽŵŵĞŶƚƐĂŶĚƐƵďŵŝƚĨŝŶĂůƉůĂŶƐ͕ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ͕ĂŶĚ
ĐŽƐƚĞƐƚŝŵĂƚĞƚŽƚŚĞŝƚǇ͘
YƵŝŶĐǇǁŝůůƵƉĚĂƚĞƚŚĞĚƌĂĨƚdĞĐŚŶŝĐĂů^ƉĞĐŝĂů
WƌŽǀŝƐŝŽŶƐĂƐŶĞĐĞƐƐĂƌǇďĂƐĞĚŽŶĐŽŵŵĞŶƚƐƌĞĐĞŝǀĞĚ
ĂŶĚĐŚĂŶŐĞƐŵĂĚĞĨŽƌƚŚĞϭϬϬйƉƌŽũĞĐƚƉůĂŶƐ͘/ƚŝƐ
ĂƐƐƵŵĞĚƚŚĞŝƚǇǁŝůůƉƌŽǀŝĚĞďŽŝůĞƌƉůĂƚĞůĂŶŐƵĂŐĞ͕
ƉĞƌĨŽƌŵĂĨŝŶĂůƌĞǀŝĞǁ͕ĂŶĚƉƌŽǀŝĚĞĂŶǇƵƉĚĂƚĞĚ
ůĂŶŐƵĂŐĞƚŚĂƚŶĞĞĚƐƚŽďĞŝŶĐŽƌƉŽƌĂƚĞĚ͘
&ŝŶĂůƵƚŝůŝƚǇ͚͛ůĞƚƚĞƌƐ͕ŽƌƌĞůŽĐĂƚŝŽŶĂŐƌĞĞŵĞŶƚƐ͕ǁŝůů ďĞĨŝŶĂůŝǌĞĚĂŶĚĞǆĞĐƵƚĞĚĂŶĚƌĞůŽĐĂƚŝŽŶƐĐŚĞĚƵůĞƐ
ǁŝůůďĞĞƐƚĂďůŝƐŚĞĚƌĞĨůĞĐƚĞĚŝŶƚŚĞĐŽŶƚƌĂĐƚƉůĂŶƐĂŶĚ ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ͘
&ŝŶĂůd
͛ƐǁŝůůďĞƉƌĞƉĂƌĞĚĂŶĚŝŶĐůƵĚĞĚŝŶƚŚĞϭϬϬй
W^Θ
ƐƵďŵŝƚƚĂůĨŽƌŝƚǇƌĞĐŽƌĚƐĂŶĚƚŽƉƌĞƉĂƌĞƚŽ
ĨĂĐŝůŝƚĂƚĞďŝĚĚŝŶŐ͘
ĞůŝǀĞƌĂďůĞƐ͗
•ϭϬϬйWůĂŶƐ͕^ŝŐŶĞĚĂŶĚ^ĞĂůĞĚ;ϭϭǆϭϳ͕W&Ϳ
•ϭϬϬй
ŶŐŝŶĞĞƌ͛ƐKƉŝŶŝŽŶŽĨWƌŽďĂďůĞ
ŽŶƐƚƌƵĐƚŝŽŶŽƐƚƐ͕^ŝŐŶĞĚĂŶĚ^ĞĂůĞĚ;W&Ϳ
•&ŝŶĂůdĞĐŚŶŝĐĂů^ƉĞĐŝĂůWƌŽǀŝƐŝŽŶƐ͕^ŝŐŶĞĚĂŶĚ
^ĞĂůĞĚ;W&Ϳ
•&ŝŶĂůtŽƌŬŝŶŐĂǇŽŶƐƚƌƵĐƚŝŽŶ^ĐŚĞĚƵůĞ;W&Ϳ
•hƚŝůŝƚǇ͚͛>ĞƚƚĞƌƐ͕ŽƌŐƌĞĞŵĞŶƚƐ;ƵƉƚŽƚŚƌĞĞͿ
•hƉĚĂƚĞĚhƚŝůŝƚǇKǁŶĞƌDĂƚƌŝǆͬdƌĂĐŬŝŶŐ>ŽŐ
;
ǆĐĞůͿ
•&ŝŶĂůdĞŵƉŽƌĂƌǇŽŶƐƚƌƵĐƚŝŽŶ
ĂƐĞŵĞŶƚƐ;W&͕
ƵƉƚŽƚŚƌĞĞͿ
•YͬYŽĐƵŵĞŶƚĂƚŝŽŶ;W&Ϳ

ddĂƐŬϯʹ
ŶŐŝŶĞĞƌŝŶŐ^ƵƉƉŽƌƚƵƌŝŶŐŝĚĚŝŶŐ
ΘŽŶƐƚƌƵĐƚŝŽŶ
d^<ϯ͘ϭͲ/^^/^dE

YƵŝŶĐǇǁŝůůƉƌŽǀŝĚĞƐƵƉƉŽƌƚĚƵƌŝŶŐďŝĚĚŝŶŐŽĨƚŚĞ
ĐŽŶƐƚƌƵĐƚŝŽŶƉƌŽũĞĐƚŝŶĐůƵĚŝŶŐƌĞƐƉŽŶĚŝŶŐƚŽ
ƚĞĐŚŶŝĐĂůZĞƋƵĞƐƚƐĨŽƌ/ŶĨŽƌŵĂƚŝŽŶ;Z&/͛ƐͿĨƌŽŵ
ďŝĚĚĞƌƐ͕ŝŶƚĞƌƉƌĞƚĂƚŝŽŶŽĨƚŚĞĐŽŶƚƌĂĐƚĚŽĐƵŵĞŶƚƐ͕
ĂŶĚĂƐƐŝƐƚŝŶŐƚŚĞŝƚǇŝŶƉƌĞƉĂƌŝŶŐĂĚĚĞŶĚĂƚŽƚŚĞ
W^Θ
ĚŽĐƵŵĞŶƚƐƚŚĂƚŵĂǇƌĞƐƵůƚĨƌŽŵZ&/͛Ɛ͘YƵŝŶĐǇ
ǁŝůůƉƌŽǀŝĚĞďŝĚƉĞƌŝŽĚƐƵƉƉŽƌƚƐĞƌǀŝĐĞƐƚŽŚĞůƉĐůĂƌŝĨǇ ƋƵĞƐƚŝŽŶƐĨƌŽŵĐŽŶƚƌĂĐƚŽƌƐ͘^ŝŶĐĞĂƉŽƌƚŝŽŶŽĨƚŚŝƐ
ƚĂƐŬŝƐĚĞƉĞŶĚĞŶƚŽŶƚŚĞŶƵŵďĞƌŽĨďŝĚĚĞƌŝŶƋƵŝƌŝĞƐ͕
ǁĞŚĂǀĞŝŶĐůƵĚĞĚƵƉƚŽϭϬƌĞƐƉŽŶƐĞƐŝŶƚŚŝƐƚĂƐŬ͘
ĞůŝǀĞƌĂďůĞ͗
•ZĞƐƉŽŶƐĞƚŽŝĚĚĞƌ/ŶƋƵŝƌŝĞƐĂƐZĞƋƵŝƌĞĚ
d^<ϯ͘ϮͲ
^/'E^hWWKZdhZ/E'KE^dZhd/KE
dŚĞĚĞƐŝŐŶƚĞĂŵǁŝůůƌĞƐƉŽŶĚƚŽƚŚĞŽŶƚƌĂĐƚŽƌ͛Ɛ
ZĞƋƵĞƐƚƐͲĨŽƌͲ/ŶĨŽƌŵĂƚŝŽŶ;Z&/ƐͿĂŶĚƌĞǀŝĞǁƚŚĞ
ŽŶƚƌĂĐƚŽƌ͛ƐƐŚŽƉĚƌĂǁŝŶŐƐƵďŵŝƚƚĂůƐ͘ĚĚŝƚŝŽŶĂůůǇ͕
dŵĂǇƉƌĞƉĂƌĞĂƐͲďƵŝůƚĞůĞĐƚƌŝĐĂůƉůĂŶƐďĂƐĞĚŽŶ
ƚŚĞŽŶƚƌĂĐƚŽƌ͛ƐƌĞĚůŝŶĞĚƌĂǁŝŶŐƐŝĨƌĞƋƵŝƌĞĚ͘
YƵŝŶĐǇǁŝůůƉƌĞƉĂƌĞĂZĞƐŝĚĞŶƚ
ŶŐŝŶĞĞƌ͛Ɛ;Z
Ϳ&ŝůĞ
ĂŶĚƐƵƉƉŽƌƚƚŚĞŝƚǇƚŚƌŽƵŐŚŽƵƚĐŽŶƐƚƌƵĐƚŝŽŶ͘
/ŶĐůƵĚĞĚŝŶƚŚĞZ
ĨŝůĞǁŝůůďĞĂŶǇŶŽƚĞƐĨƌŽŵƚŚĞ
ĚĞƐŝŐŶĞƌƌĞŐĂƌĚŝŶŐƵŶƵƐƵĂůŽƌƵŶŝƋƵĞŝƚĞŵƐĂŶĚĂŶǇ
ŽƚŚĞƌŝŶĨŽƌŵĂƚŝŽŶƚŚĂƚƚŚĞZĞƐŝĚĞŶƚ
ŶŐŝŶĞĞƌƐŚŽƵůĚ
ďĞŵĂĚĞĂǁĂƌĞ͘
YƵŝŶĐǇǁŝůůƉƌŽǀŝĚĞƚŚĞĨŽůůŽǁŝŶŐŝƚĞŵƐĂƐƉĂƌƚŽĨƚŚĞ Z
&ŝůĞ͗
•YƵĂŶƚŝƚǇĂůĐƵůĂƚŝŽŶƐ
•WƌŽũĞĐƚŽƐƚ
ƐƚŝŵĂƚĞƐ
•&ŝŶĂůƌĂŝŶĂŐĞZĞƉŽƌƚ
•&ŝŶĂů^tWWWĂŶĚ^DZd^ůŽŐŝŶŝŶĨŽƌŵĂƚŝŽŶ
•ŽŶƚƌĂĐƚŽĐƵŵĞŶƚƐ
•ĞǀŝĂƚŝŽŶƐĨƌŽŵĞƐŝŐŶ^ƚĂŶĚĂƌĚƐ
•WƌŽũĞĐƚ
ŶŐŝŶĞĞƌĂŶĚĞƐŝŐŶĞƌEŽƚĞƐ
•ƌŽƐƐͲƐĞĐƚŝŽŶƐĂƚϱϬͲĨŽŽƚŝŶƚĞƌǀĂůƐ;W&ĂŶĚ
ƵƚŽŝǀŝůϯĨŽƌŵĂƚͿ
ĞůŝǀĞƌĂďůĞƐ͗
•ZĞƐŝĚĞŶƚ
ŶŐŝŶĞĞƌ͛Ɛ&ŝůĞŝŶĂƉƉƌŽƉƌŝĂƚĞĞůĞĐƚƌŽŶŝĐ
ĨŽƌŵĂƚƐ
•^ƵƌǀĞǇ&ŝůĞĞůĞĐƚƌŽŶŝĐĐŽƉǇ

dĂƐŬϰʹWƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ͕DĞĞƚŝŶŐƐ͕
ĂŶĚZĞƉŽƌƚƐ
ƵƌŝŶŐƚŚŝƐƚĂƐŬ͕ǁĞǁŝůůƉƌŽǀŝĚĞƉƌŽũĞĐƚŵĂŶĂŐĞŵĞŶƚ
ĨŽƌƚŚĞƉƌŽũĞĐƚ͕ŝŶĐůƵĚŝŶŐƉƌĞƉĂƌŝŶŐŵŽŶƚŚůǇŝŶǀŽŝĐĞƐ
ĂŶĚƉƌŽũĞĐƚƐƚĂƚƵƐΘƐĐŚĞĚƵůĞƵƉĚĂƚĞƐ͘dŚŝƐƚĂƐŬǁŝůů
ŝŶĐůƵĚĞŝŶƚĞƌŶĂůĂŶĚĞǆƚĞƌŶĂůĐŽŽƌĚŝŶĂƚŝŽŶǁŝƚŚƚŚĞ
YƵŝŶĐǇƚĞĂŵ͕ŝŶĐůƵĚŝŶŐǁŽƌŬŝŶŐǁŝƚŚƚŚĞŝƚǇ͛Ɛ
ƉƌŽũĞĐƚŵĂŶĂŐĞƌƚŽŽďƚĂŝŶŶĞĐĞƐƐĂƌǇZŝŐŚƚƐͲŽĨͲ
ŶƚƌǇ
ŶĞĞĚĞĚĨŽƌƐƵƌǀĞǇ͕ŐĞŽƚĞĐŚŶŝĐĂů͕ĂŶĚƚŚĞĚĞƐŝŐŶ
ƚĞĂŵ͛ƐƌĞǀŝĞǁŽĨƚŚĞƐŝƚĞ͘dŚŝƐƚĂƐŬĂƐƐƵŵĞƐƚŚĞ
ƉƌŽũĞĐƚǁŝůůďĞĐŽŵƉůĞƚĞĚǁŝƚŚŝŶϭϮŵŽŶƚŚƐ͘

d^<ϰ͘ϭͲWZK:
dd
DD

d/E'^
dŚĞYƵŝŶĐǇdĞĂŵǁŝůůŽƌŐĂŶŝǌĞĂŶĚĂƚƚĞŶĚĂŬŝĐŬŽĨĨ
ŵĞĞƚŝŶŐǁŝƚŚŝƚǇƐƚĂĨĨ͘dŚĞŬŝĐŬŽĨĨŵĞĞƚŝŶŐǁŝůůďĞ
ĂƚƚĞŶĚĞĚďǇƚŚĞWƌŽũĞĐƚDĂŶĂŐĞƌ͕WƌŽũĞĐƚ
ŶŐŝŶĞĞƌ͕
ĂŶĚƌĞƉƌĞƐĞŶƚĂƚŝǀĞƐĨƌŽŵd͕zĞŚΘƐƐŽĐŝĂƚĞƐ͕
ĂŶĚ,ĂŵŶĞƌ͕:ĞǁĞůůΘƐƐŽĐŝĂƚĞƐ͘dŚĞƉƵƌƉŽƐĞŽĨƚŚĞ
ŬŝĐŬŽĨĨŵĞĞƚŝŶŐǁŝůůďĞƚŽƌĞǀŝĞǁƚŚĞƉƌŽũĞĐƚƐĐŽƉĞ
ĂŶĚƐĐŚĞĚƵůĞ͕ƉƌŽũĞĐƚŚŝƐƚŽƌǇ͕ĚŝƐĐƵƐƐƉŽƚĞŶƚŝĂůůĂǇŽƵƚ ĂůƚĞƌŶĂƚŝǀĞƐ͕ĂŶĚƌĞǀŝĞǁƚŚĞƐŝƚĞ͘
/ŶĂĚĚŝƚŝŽŶƚŽƚŚĞŬŝĐŬŽĨĨŵĞĞƚŝŶŐ͕YƵŝŶĐǇǁŝůů
ĐŽŽƌĚŝŶĂƚĞ͕ƉƌĞƉĂƌĞĂŐĞŶĚĂƐ͕ĂŶĚĂƚƚĞŶĚƵƉƚŽĨŽƵƌ
ĂĚĚŝƚŝŽŶĂůŵĞĞƚŝŶŐƐǁŝƚŚŝƚǇƐƚĂĨĨĂŶĚƐƚĂŬĞŚŽůĚĞƌƐ͘
dŚĞƐĞŵĞĞƚŝŶŐƐǁŝůůĨĂĐŝůŝƚĂƚĞƌĞǀŝĞǁŽĨƚŚĞ
ƉƌĞůŝŵŝŶĂƌǇĂůƚĞƌŶĂƚŝǀĞƐĂŶĚW^Θ
ĚŽĐƵŵĞŶƚƐ͕ĂŶĚ

9.C-14Council Agenda 8-2-2022
Attachment 2
Packet Page 28

ƉƌŽǀŝĚĞƵƉĚĂƚĞƐŽŶƵƚŝůŝƚǇĐŽŽƌĚŝŶĂƚŝŽŶ͕
ĞŶǀŝƌŽŶŵĞŶƚĂůĂŶĚƌŝŐŚƚͲŽĨͲǁĂǇĚĞǀĞůŽƉŵĞŶƚƐ͕ĂŶĚ
ƉƌŽǀŝĚĞƵƉĚĂƚĞƐŽŶƐĐŽƉĞĂŶĚƐĐŚĞĚƵůĞ͘
tĞǁŝůůĨŽůůŽǁƵƉŽŶĞĂĐŚŵĞĞƚŝŶŐǁŝƚŚŶŽƚĞƐĂŶĚ
ĚŝƐƚƌŝďƵƚĞƚŽĂƚƚĞŶĚĞĞƐĨŽƌƌĞǀŝĞǁĂŶĚĨŝŶĂůŝǌĂƚŝŽŶ͘ƚ ƚŚŝƐƚŝŵĞ͕ŽƵƌƐĐŽƉĞŚĂƐĂƐƐƵŵĞĚƚŚĂƚƚŚĞƐĞŵĞĞƚŝŶŐƐ
ǁŝůůďĞŝŶͲƉĞƌƐŽŶ͘,ŽǁĞǀĞƌ͕ǁĞĂƌĞĐĂƉĂďůĞŽĨŚŽƐƚŝŶŐ
ǁĞďͲďĂƐĞĚŵĞĞƚŝŶŐƐŝĨƚŚĂƚŝƐƉƌĞĨĞƌƌĞĚ͘
ĞůŝǀĞƌĂďůĞƐ͗
•ŽŽƌĚŝŶĂƚĞĂŶĚƚƚĞŶĚ z^,
h>
E
^/'E
WZK'Z
^^Z
WKZd^
YƵŝŶĐǇǁŝůůƉƌŽǀŝĚĞďŝͲǁĞĞŬůǇƉƌŽŐƌĞƐƐƌĞƉŽƌƚƐǁŚŝĐŚ
ǁŝůůŝŶĐůƵĚĞƵƉĚĂƚĞƐƉĞƌƚĂŝŶŝŶŐƚŽƐĐŚĞĚƵůĞ͕ĚĞƐŝŐŶ
ƉƌŽŐƌĞƐƐ͕ĂŶĚďƵĚŐĞƚ͘
&ŽƌďƵĚŐĞƚŝŶŐƉƵƌƉŽƐĞƐ͕ǁĞŚĂǀĞĂƐƐƵŵĞĚƚŚĞƐĞ
ƌĞƉŽƌƚƐǁŝůůďĞŝƐƐƵĞĚŽŶƚŚĞĨŝƌƐƚĂŶĚĨŝĨƚĞĞŶƚŚŽĨ
ĞĂĐŚŵŽŶƚŚƚŚƌŽƵŐŚŽƵƚƚŚĞĚƵƌĂƚŝŽŶŽĨƚŚĞĚĞƐŝŐŶ
ƉŚĂƐĞƐĂŶĚǁŝůůĐĞĂƐĞĂƚƚŚĞĐŽŵŵĞŶĐĞŵĞŶƚŽĨƚŚĞ
ďŝĚĚŝŶŐĂŶĚĐŽŶƐƚƌƵĐƚŝŽŶƉŚĂƐĞƐ
ĞůŝǀĞƌĂďůĞ͗
•ŝͲtĞĞŬůǇWƌŽŐƌĞƐƐZĞƉŽƌƚƐ
&RVW3URSRVDO
6LJQDOL]HG,QWHUVHFWLRQ3URMHFW
'DWH

4XLQF\(QJLQHHULQJ,QF
'LUHFW/DERU

(VWLPDWHG6DODU\,QFUHDVHVIRU0XOWL<HDU3URMHFW 6XEWRWDO

2YHUKHDG

$ /DERU6XEWRWDO

6XEFRQVXOWDQW&RVWV

&HQUDO&RDVW7UDQVSRUWDWLRQ&RQVXOWLQJ

:DOODFH*URXS

6XQULVH7UDQVSRUWDWLRQ6WUDWHJLHV
+DPQHU-HZHOO $VVRF
<HK $VVRF
6:&$
% 6XEFRQVXOWDQW6XEWRWDO
2WKHU'LUHFW&RVWV

7UDYHO
#DFWLYH,56PLOHDJHUDWH
PLOHV#
3LHU'LHP+RWHO GD\V#
'HOLYHU\ #
9HQGRU5HSURGXFWLRQ
;5HSURGXFWLRQ #
;5HSURGXFWLRQ #
0RXQWLQJ%RDUGVIRU3UHVHQWDWLRQV #
1HZVOHWWHUV
7UDQVODWLRQDQGSULQWLQJ
#
6XEWRWDO9HQGRU5HSURGXFWLRQ
7LWOH5HSRUW #
0LVFHOODQHRXV
& 2WKHU'LUHFW&RVW6XEWRWDO

/DERU6XEWRWDO$

)L[HG)HH

6XEFRQVXOWDQW6XEWRWDO%
)L[HG)HH

2WKHU'LUHFW&RVW6XEWRWDO
&
)L[HG)HH

68%727$/

727$/12772(;&(('

1RWH
,QYRLFHVZLOOEHEDVHGXSRQDFWXDO4(,KRXUO\UDWHVSOXVRYHUKHDGDW SOXVSURUDWHGSRUWLRQRIIL[HGIHH6XEFRQVXOWDQWDQG'LUHFW&RVWVZLOOEHELOOHGDWDFWXDOFRVW 7KHRYHUKHDGUDWH
,&5
VKDOOEHDSSURYHGE\WKH&RXQW\HDFK\HDU
WRUHIOHFWWKHFXUUHQWDXGLWHGRYHUKHDG
%(//2675((76,*1$/,=(',17(56(&7,21352-(&7
B3LVPR%HOOR6WDW3ULFH&DQ\RQ5GB4XLQF\&RVW3URSRVDO3URMHFW%XGJHW

ǆŚŝďŝƚ

9.C-15Council Agenda 8-2-2022
Attachment 2
Packet Page 29

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.D

SUBJECT/TITLE:

SECOND READING (ADOPTION) OF ORDINANCE AMENDING COUNCIL MEMBER

COMPENSATION

RECOMMENDATION:

Introduce an Ordinance amending Chapter 2.04, Section 2.04.020: Salaries Designated, of the City of Pismo Beach Municipal Code, relating to Council Member and Mayor compensation.

BACKGROUND:

On July 19, 2022, a majority of the City Council voted to introduce an ordinance (Attachment 1) enacting a 20% increase to the compensation amount for City Council Members, from $772.20 per month to $926.64 per month. The ordinance is now being returned to the Council for second reading and adoption.

The agenda report for the July 19, 2022 agenda item, which includes background and analysis, is provided as Attachment 2.

Recommendation
Staff recommends that the Council adopt an ordinance (Attachment 1) that will enact a 20% increase to the compensation amount for City Council Members.

In accordance with Government Code Section 36516.5, any adopted change in Council Member salary will take effect for all Council Members once one or more Council Members begin a new term of office, in this case following the certification of the results of the November 8, 2022 General Election in December 2022.

FISCAL IMPACT:

The annual fiscal impact of approving the attached Ordinance with a 20% increase from the current monthly compensation results in a $926.64 per month compensation for Council Members and $1,226.64 per month compensation for the Mayor. This results in an estimated additional $9,978 year, or $5,821 for a partial year in FY 2023. Should Council approve this increase, staff will come back at Mid-Year budget around December 2022 to increase the FY 2023 General Fund City Council salaries and benefits budget.

ALTERNATIVES:

1. Pismo Beach Municipal Code 2.04.340 automatically waives full readings of Ordinances unless the Council directs otherwise; the Council may opt to have staff conduct a second reading in full, and then take action on the Ordinance.

2. Amend the Ordinance and return it for another first reading and introduction.

3. Decline to adopt the Ordinance. Compensation would remain unchanged.

Council Agenda 8-2-2022 9.D-1
Packet Page 30

ATTACHMENTS:

1.Ordinance as introduced

2.July 19, 2022 staff report
Submitted by: Erica Inderlied, City Clerk Meeting Date: August 2, 2022 City Manager Approval:

Council Agenda 8-2-2022 9.D-2
Packet Page 31

ORDINANCE NO. O-2022-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 2.04, SECTION 2.04.020: SALARIES

DESIGNATED, OF THE CITY OF PISMO BEACH MUNICIPAL CODE, RELATING TO

COUNCIL MEMBER AND MAYOR COMPENSATION
WHEREAS, the City last set the salary of its Council Members at $772.20 per month, plus an additional $300 for the Mayor per month, via Ordinance O-2018-005, effective December 1, 2018; and
WHEREAS, Government Code Section 36516(a)(4) provides that Council Member salary may be increased by Ordinance in an amount not to exceed 5% per calendar year from the effective date of the prior salary; and
WHEREAS, Government Code Section 36516.1 provides that additional Mayoral compensation may be established by an ordinance of the City Council; and WHEREAS, an amendment to these salary amounts will better align Council Member and Mayoral compensation with the actual costs incurred in the course of holding office; and WHEREAS, this increase shall take effect for all Council Members and the Mayor on and after the date one or more Council Members begins a new term of office.

NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:

SECTION 1.

The foregoing recitals are adopted as findings of fact in support of this ordinance.

SECTION 2.

Section 2.04.020 of the Pismo Beach Municipal Code is revised to read as follows:

2.04.020 Salaries Designated.

A.Each member of the City Council shall receive, as salary, the sum of nine hundred twenty-six dollars and sixty-four cents ($926.64) per month, as prescribed by Section 36516 et seq. of the Government Code for cities of up to and including thirty-five thousand in population, effective as of the date one or more members of the City Council are sworn in for a new term of office following certification of the results of the November 8, 2022 general election.

Council Agenda 8-2-2022 9.D-3
Attachment 1
Packet Page 32

B.Pursuant to Government Code Section 36516.1, in addition to the above salary received as a member of the City Council, the Mayor shall receive three hundred dollars ($300) per month.

C.In addition, each member of the Council shall be reimbursed for actual expenses incurred in the performance of the Council's duties in such amounts as may be approved by resolution. Both the salary and the expense reimbursements shall be payable at the same time and in the same manner as the same are paid to other officers and employees of the City.

SECTION 3.

Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption of the regulations contained herein, the activity is not subject to CEQA.

SECTION 4.

This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.

SECTION 5.

This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof. The provisions of this ordinance shall take effect for all Council Members and the Mayor on and after the date one or more Council Members begins a new term of office.

SECTION 6.

The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.

Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Council Agenda 8-2-2022 9.D-4
Attachment 1
Packet Page 33

Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.

INTRODUCED at a regular meeting of the City Council held this 19th day of July, 2022, on motion of Council Member Guthrie, seconded by Council Member Newton, and on the following roll call vote, to wit:

AYES: 3 Guthrie, Newton, Waage
NOES: 2 Blake, Waage
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2022, on motion of Council Member , seconded by Council Member , and on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
Council Agenda 8-2-2022 9.D-5
Attachment 1
Packet Page 34

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B
SUBJECT/TITLE:

INTRODUCTION
),567 5($',1*
OF ORDINANCE AMENDING COUNCIL

MEMBER COMPENSATION
RECOMMENDATION:

Introduce an Ordinance amending Chapter 2.04, Section 2.04.020: Salaries Designated, of the City of Pismo Beach Municipal Code, relating to Council Member and Mayor compensation.

BACKGROUND:

On June 21, 2022 the City Council received a report from staff on current Council Member and Mayor compensation (salary) and expense reimbursement practices, including options for a potential salary increase. At that time, a majority of the City Council directed staff to prepare an ordinance that would enact a 20% increase to the City Council’s compensation. The June 21, 2022, staff report is available in the Access Pismo public records portal at www.pismobeach.org/accesspismo1 , or by scanning the QR Code at right.

Available Council Compensation Increase Amounts
In summary, state law allows for a 5%-per-year increase from the last Council Member compensation increase, which occurred in 2018, and as such, a 20% increase is the maximum currently allowable. Further detail is provided in the June 21, 2022 staff report.

Table 1 and Table 2 show current Council compensation for other cities in San Luis Obispo County, and potential Pismo Beach salary increase amounts, respectively.

Table 1. Current Council and Mayor Salaries in Nearby Cities City Council
Salary (a)
Add'l Mayor
Salary (b)
Mayor Salary
(total) (a+b=c)
Atascadero $600.00 $150.00 $750.00
Paso Robles $600.00 $200.00 $800.00
Arroyo Grande $648.00 $150.00 $798.00
Grover Beach 2 $720.00 $180.00 $900.00
Pismo Beach $772.20 $300.00 $1,072.20
Morro Bay 3 $1,000.00 $400.00 $1,400.00
San Luis Obispo 4 $1,990.00 $518.00 $2,508.00
1 Full URL: https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=431003&dbid=0&repo=Laserfiche 2 If adopted in 2022, Grover Beach compensation of $720 for Council Members and $900 for Mayor would become effective after the 2022 election. Current salary is $600 for Council and $750 for Mayor. 3 Morro Bay compensation of $1,000 for Council Members and $1,400 for Mayor will be effective after the 2022 election. Current salary is $500 for Council and $700 for Mayor. 4 San Luis Obispo is a charter city and thus is not bound by the same salary limitations as general law cities such as Pismo Beach, which may explain the relatively higher salary amount for that city.

Council Agenda 7-19-2022 12.B-1
July 19, 2022 Staff Report - First Reading
Council Agenda 8-2-2022 9.D-6
Attachment 2
Packet Page 35

Table 2. Analysis of Potential Salary Increase Amounts 5 Increase
from
Current
Council
Member
Salary
Mayor Salary
(total)
Compared to
Median
(Council)
Compared to
Average
(Council)
Rank
1 = highest
7 = lowest
(Council)
0% $772.20 $1,072.20 +$52.20 -$132.11 3
5% $810.81 $1,110.81 +$90.81 -$93.50 3
10% $849.42 $1,149.42 +$129.42 -$54.89 3
15% $888.03 $1,188.03 +$168.03 -$16.28 3
20% (max) $926.64 $1,226.64 +$206.64 +$22.33 3
Additional Mayor Compensation
In addition to salary received as a Council Member, Government Code Section 36516.1 provides the Mayor may receive additional compensation as established by Council ordinance. The amount of this compensation is not regulated by Government Code, and an increase may be enacted at any time, including mid-term of office.

In accordance with Municipal Code Section 2.04.020B., the Mayor presently receives an additional $300 in compensation per month. This additional Mayoral compensation is the third-highest amount countywide. The draft ordinance provided as Attachment 1 does not include a provision for increasing compensation for the position of Mayor. Should the Council wish to direct a change to the amount of Mayor compensation, staff recommends the change be made to the draft ordinance prior to introduction.

Recommendation and Next Steps
In accordance with the Council’s June 21, 2022 direction, staff recommends that the Council introduce an ordinance (Attachment 1) that would ultimately enact a 20% increase to the compensation amount for City Council Members. The Council may also provide direction as to modification of the additional monthly Mayor compensation, and amend the ordinance prior to introduction to reflect that change.

If the draft ordinance is introduced at this juncture, it will be scheduled for adoption at the August 2, 2022 meeting. In accordance with Government Code Section 36516.5, any adopted change in Council Member salary will take effect for all Council Members once one or more Council Members begin a new term of office, in this case following the certification of the results of the November 8, 2022 General Election in December 2022.

FISCAL IMPACT:

Council Agenda 7-19-2022 12.B-2
July 19, 2022 Staff Report - First Reading
Council Agenda 8-2-2022 9.D-7
Attachment 2
Packet Page 36

ALTERNATIVES:

1. Decline to introduce the ordinance; salaries would remain unchanged.

ATTACHMENTS:

1. Draft Ordinance enacting revised salary amount
Prepared by: Meeting Date: July 19, 2022
Erica Inderlied, City Clerk
Submitted by: Jorge Garcia, Assistant City Manager
City Manager Approval:

Council Agenda 7-19-2022 12.B-3
July 19, 2022 Staff Report - First Reading
Council Agenda 8-2-2022 9.D-8
Attachment 2
Packet Page 37

ORDINANCE NO. O-2022-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 2.04, SECTION 2.04.020: SALARIES

DESIGNATED, OF THE CITY OF PISMO BEACH MUNICIPAL CODE, RELATING TO

NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:

SECTION 1.

The foregoing recitals are adopted as findings of fact in support of this ordinance.

SECTION 2.

Section 2.04.020 of the Pismo Beach Municipal Code is revised to read as follows:

2.04.020 Salaries Designated.

A. Each member of the City Council shall receive, as salary, the sum of nine hundred twenty-six dollars and sixty-four cents ($926.64) per month, as prescribed by Section 36516 et seq. of the Government Code for cities of up to and including thirty-five thousand in population, effective as of the date one or more members of the City Council are sworn in for a new term of office following certification of the results of the November 8, 2022 general election.

Council Agenda 7-19-2022 12.B-4
Attachment 1
July 19, 2022 Staff Report - First Reading
Council Agenda 8-2-2022 9.D-9
Attachment 2
Packet Page 38

B. Pursuant to Government Code Section 36516.1, in addition to the above salary received as a member of the City Council, the Mayor shall receive three hundred dollars ($300) per month.

C. In addition, each member of the Council shall be reimbursed for actual expenses incurred in the performance of the Council's duties in such amounts as may be approved by resolution. Both the salary and the expense reimbursements shall be payable at the same time and in the same manner as the same are paid to other officers and employees of the City.

SECTION 3.

SECTION 4.

SECTION 5.

SECTION 6.

Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.

INTRODUCED at a regular meeting of the City Council held this 19th day of July, 2022, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2022, on motion of Council Member , seconded by Council Member , and on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E

SUBJECT/TITLE:

ADOPTION OF FINDINGS RELATING TO AB 361 (VIRTUAL MEETINGS)

RECOMMENDATION:

Adopt the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:

1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.

2. The following circumstances exist:
• State or local officials continue to impose or recommend measures to promote social distancing.

BACKGROUND:

Assembly Bill 361 (Rivas, 2021) amends and codifies the relaxed Brown Act provisions that were originally implemented by Executive Orders of the Governor in response to the coronavirus pandemic. Among the provisions of the Brown Act that were relaxed by the Governor’s Orders were provisions for participation in legislative meetings by teleconference (phone, or virtual platform such as Zoom). Prior Brown Act provisions required that, in the event any legislative body member(s) wished to participate in a meeting remotely, the exact address of the remote location(s) be published in advance on the meeting agenda, the remote location(s) be disabled-accessible, and the public be provided the opportunity to observe the meeting and make public comment at the remote location(s).

Governor’s Orders N-29-20 and N-08-21 effectively suspended all of these provisions for health and safety reasons, making it possible for legislative body members to join a meeting virtually without the need for conducting advance noticing or providing direct public access to the location. AB 361, effective October 1, 2021, functionally codifies these provisions through January 2024, allowing agencies to avail themselves of the continued teleconferencing option if desired, provided that the legislative body makes certain findings as outlined below (Government Code Section 54953(e)(3)):

(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.

9.E-1Council Agenda 8-2-2022
Packet Page 41

(ii) State or local officials continue to impose or recommend measures to promote social distancing.

The City Council inaugurated its use of AB 361 provisions by holding a totally teleconferenced meeting via Zoom on October 5, 2021, and then adopted the recommended findings at each of its regular meetings since October 19, 2021. Following the state’s removal of the indoor mask mandate for vaccinated individuals on February 16, 2022, the City Council transitioned to fully hybrid meetings where the legislative body members, staff, and the public may attend the meeting either in person, or virtually. Due to a recent increase in the number of COVID-19 cases at City Hall, City Council meetings and other legislative meetings were temporarily transitioned back to fully virtual. Meetings were returned to a hybrid model in the second half of June 2022.

Procedural Flexibility
The circumstances surrounding the impact of the coronavirus pandemic are continually evolving, and the progression of the pandemic, along with accompanying governmental health and safety directives, are difficult to foresee. While the Council has determined to transition to hybrid City Council meetings with a certain level of in-person participation, staff recommends that the adoption of these findings, as recommended, remain on the Council’s consent agenda for the foreseeable future, until such time that the Council determines that it can no longer make the findings due to a change in circumstance.

Adoption of the recommended findings at each meeting will provide continued flexibility should the Council need or desire to make a change to its meeting practices at any point in the future. Adoption of the findings in no way commits the City to holding virtual or hybrid meeting proceedings, providing full flexibility under uncertain circumstances.

Other Provisions of AB 361
AB 361 also requires that the public be given the opportunity to address the legislative body with their comments in real time, which the City has provided continuously since the start of the pandemic, and will continue to. In addition, the bill requires that meeting proceedings be stopped in the event that the public’s virtual access to a meeting is disrupted, for example due to an internet outage. When holding a hybrid meeting with some or all members participating in person, and some or all of the public participating virtually, staff will monitor the virtual meeting to component to assure that public access is not interrupted, and pause meeting proceedings in the event of a disruption.

Conclusion and Recommendation
In order to provide both legal compliance and practical flexibility during ongoing uncertain circumstances, staff recommends that, by minute order, the City Council make the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:

1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.

2. The following circumstances exist:

9.E-2Council Agenda 8-2-2022
Packet Page 42

•State or local officials continue to impose or recommend measures to promote social distancing.

FISCAL IMPACT:

There is no fiscal impact associated with adoption of the recommended findings.

ALTERNATIVES:

1.Do not adopt the findings; provide other direction to staff.

ATTACHMENTS:

None.

Meeting Date: August 2, 2022 Submitted by:

Erica Inderlied, City Clerk
Acting City Manager Approval:

9.E-3Council Agenda 8-2-2022
Packet Page 43

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #11.A

SUBJECT/TITLE:

PROTEST HEARING AND CERTIFICATION OF WEED ABATEMENT CHARGES FOR FORWARDING TO THE COUNTY OF SAN LUIS OBISPO FOR PLACEMENT ON 2022

PROPERTY TAX ROLLS
RECOMMENDATION:

1. Conduct a Public Hearing to hear protests from property owners regarding weed abatement charges;

2. Provide direction to staff on reduction or elimination of weed abatement charges for identified lot(s), if desired;

BACKGROUND:

This request is the final action for the 2022 annual Weed Abatement Program. On April 19, 2022, the City Council adopted Resolution R-2022-025 (Attachment 3), ordering the abatement of grass and weeds presenting nuisance conditions within the City. On June 21, 2022, the Council conducted a Public Hearing to allow property owners to protest their parcels having been identified as needing this abatement. Letters have been sent to property owners whose lots were cleared by a City contractor, which identified the abatement cost and administrative fee.

One letter of protest (Attachment 2) was received from a new property owner who failed to receive the initial letter notifying them of non-compliance. Due to a clerical error in the property owner database, the protesting party did not receive initial letter giving them the opportunity to clear the lot themselves. The property owner is protesting the fee stating they never got notification and are requesting a reduction of fees. It should be noted that this property was identified during last year’s Weed Abatement Program cycle and the lot was cleared by the City contractor and a fee of $1,500 was assessed to the 2021 property taxes.

This hearing is an opportunity for additional owners to protest the abatement charges prior to the charges being forwarded to the County of San Luis Obispo for placement on 2022 tax rolls. A Resolution certifying the weed abatement assessments for forwarding to the County, and a table of individual properties and charges, is provided as Attachment 1 and 1A. In accordance with Pismo Beach Municipal Code section

8.32.070, the City Council may direct staff to uphold, reduce, or eliminate the assessments for properties which a protest has been received, prior to adoption of this Resolution. Otherwise, the full assessments shown in Attachment 1A will be forwarded for the tax rolls.

11.A-1Council Agenda 8-2-2022
Packet Page 44

FISCAL IMPACT:

Funds have been budgeted to cover weed abatement costs and will be reimbursed to the City through the Property Tax Assessment.

ALTERNATIVES:

1. Adopt Resolution with modifications to Exhibit A following public testimony.

2. Decline to adopt the Resolution and reimbursement to the City through the tax assessment roll.

ATTACHMENTS:

1. Resolution R-2022-XXX
1A. Exhibit A to Resolution: Weed Abatement Charges Table

2. Letter of protest

3. Resolution R-2022-025
Prepared by: Michelle Pearson Administrative Assistant Meeting Date: August 2, 2022 Submitted by: Paul Lee, Battalion Chief
Acting City Manager Approval:

11.A-2Council Agenda 8-2-2022
Packet Page 45

RESOLUTION NO. R-2022-XXX

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

CALIFORNIA CERTIFYING THE AMOUNT OF THE ABATEMENT PROCEEDINGS FOR GRASS, WEEDS AND RUBBISH PURSUANT TO RESOLUTION R-2022-025

TO BE FILED WITH SAN LUIS OBISPO COUNTY TAX ROLLS AS INDICATED BY ASSESSOR PARCEL NUMBER PER HEALTH & SAFETY CODE SECTION 14912 WHEREAS, pursuant to Weed Abatement Ordinance 0-96-05, Section 8.32.130 of the City of Pismo Beach Municipal Code, and City Council Resolution No R-2022-25, the attached list of weed abatement accounts (Exhibit A) is hereby certified by the City Council of the City of Pismo Beach and is hereby assigned to the County Auditor, County of San Luis Obispo, for placement upon the appropriate Assessor’s Tax Roll of the County of San Luis Obispo; and
WHEREAS, the various abatement charge amounts listed in Exhibit A to this Resolution are hereby incorporated and made part of this Resolution; and WHEREAS, Exhibit A shows a total of $4,330.00 of abatement charges as of the date of execution of this Resolution; and
WHEREAS, California Health & Safety Code Section 14912 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 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.

NOW, THEREFORE, be it resolved by the City Council of the City of Pismo Beach as follows:

1. The total amount of said weed abatement charges for the City of Pismo Beach is $4,330.00.

2. 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.

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 2nd day of August 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

11.A-3Council Agenda 8-2-2022
Attachment 1
Packet Page 46

ABSTAIN:

RECUSED:

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

11.A-4Council Agenda 8-2-2022
Attachment 1
Packet Page 47

2022 Weed Abatement Charges
Name Fee APN
Jessica Micklus/Milton Padilla $310.00 005-023-019
Shell 1 LLC $210.00 005-062-003
Anthony Simoes Revocable Trust $310.00 005-101-032
Cole McReynolds $410.00 005-213-001
Benjamin Black/Sandra Harris $260.00 005-222-015
Vintner’s Distributors Inc $560.00 005-242-010
Sushil Capital LLC $1,700.00 005-398-042
Aileen Combs Living Trust $360.00 010-521-012
242 Palomar LLC $210.00 010-352-002
$4,330.00

11.A-5Council Agenda 8-2-2022
Attachment 1A
Packet Page 48

11.A-6Council Agenda 8-2-2022
Attachment 2
Packet Page 49

11.A-7Council Agenda 8-2-2022
Attachment 2
Packet Page 50

11.A-8Council Agenda 8-2-2022
Attachment 3
Packet Page 51

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #11.B

SUBJECT/TITLE:

EXTENSION OF INTERIM URGENCY ORDINANCE IMPOSING A CITYWIDE

MORATORIUM PROHIBITING THE ISSUANCE OF SHORT-TERM RENTAL LICENSES PURSUANT TO GOVERNMENT CODE SECTION 65858

RECOMMENDATION:

1. Conduct a Public Hearing to receive input on the extended urgency ordinance;

2. Adopt an Extended Interim Urgency Ordinance imposing a moratorium on the issuance of short-term rental licenses pursuant to Government Code Section 65858.

BACKGROUND:

On June 21, 2022, the City Council adopted an urgency ordinance (O-2022-005) imposing a moratorium on the issuance of short-term rental licenses pursuant to Government Code Section 65858. At that meeting, the City Council directed staff to research additional short-term rental regulations, including additional time penalties for operating without permits, time limits for the placement of trash containers for collection, methods of determining primary residency, and potential limits to the number of short- term rentals in the community. In addition, staff is researching potential impacts of professionally managed co-ownership rental units and methods of addressing potential concerns. The urgency ordinance is valid for 45 days, in accordance with state law, and is set to expire on August 5, 2022.

Under Government Code Section 65858, the 45-day urgency ordinance may be extended twice, once for a period of 10 months, 15 days, and once again for an additional year.

Because staff is still researching potential regulations to address the Council’s concerns related to short-term rentals, staff recommends an extension of the existing urgency ordinance for 10 months, 15 days as provided by Government Code. This extension of the temporary moratorium will allow the City time to identify appropriate regulations to minimize impacts of short-term rentals on residential neighborhoods. This should permit adequate time for the Planning Commission to complete its review and forward its recommendations to the Council. Pursuant to Government Code Section 65858(d), the City Council must issue a report of the steps it has taken to alleviate the need for an urgency zoning ordinance; this report is provided as Attachment 2.

Conclusion and Recommendation
Staff recommends that the Council conduct a hearing to receive public input on the proposed ordinance, then adopt the extended interim urgency ordinance (Attachment 1) to continue a moratorium on the issuance of short-term rental licenses while staff develops appropriate regulations to minimize impacts of short-term rentals on residential neighborhoods.

Council Agenda 8-2-2022 11.B-1
Packet Page 52

If Council acts to extend the Urgency Ordinance, the Extended Interim Urgency Ordinance (Attachment 1) will expire June 20, 2023; the Council may then elect, if it deems necessary, to extend the Urgency Ordinance for one additional year. This adoption requires at least a four-fifths vote of the Council, in accordance with Government Code Section 65858(a).

FISCAL IMPACT:

No fiscal impact is anticipated from the extension of the urgency ordinance itself. Staff costs that will be incurred in drafting a future ordinance are unknown.

ALTERNATIVES:

1. Do not adopt the urgency extension ordinance. The existing moratorium would expire on August 5, 2022.

ATTACHMENTS:

1. Proposed urgency extension ordinance

2. City Attorney Memorandum regarding status of urgency ordinance Prepared by: Meeting Date: August 2, 2022
Matthew Downing, Community Development Director
David M. Fleishman, City Attorney
Submitted by: Matthew Downing, Community Development Director Acting City Manager Approval:

Council Agenda 8-2-2022 11.B-2
Packet Page 53

ORDINANCE NO. O-2022-XXX

AN EXTENDED INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF PISMO BEACH, CALIFORNIA IMPOSING A MORATORIUM ON THE

ISSUANCE OF SHORT-TERM RENTAL LICENSES PURSUANT TO GOVERNMENT CODE SECTION 65858
WHEREAS, Pismo Beach is a popular tourist destination, drawing visitors from around the world to enjoy the Pacific Ocean, the beach, and recreational opportunities available in and around Pismo Beach; and
WHEREAS, one of the City Council’s 2022 goals is to build on the strength of the City’s local community to preserve the City’s “Classic California” charm and ensure an exceptional quality of life for residents; and
WHEREAS, the City Council recognizes the need to balance the provision of transient lodging options other than traditional hotels and motels for visitors with the needs of residents working in and around Pismo Beach to have affordable housing options; and WHEREAS, like many cities on the Central Coast, the city of Pismo Beach has a shortage of rental and for-sale housing affordable to people working in Pismo Beach and surrounding communities; and
WHEREAS, Chapter 5.22 of the Pismo Beach Municipal Code currently requires operators of short-term rentals and homestays to obtain a short-term rental license prior to engaging in the short-term rental business and as a condition of engaging in such business; and
WHEREAS, the City of Pismo Beach currently does not limit the number of short-term rental or homestay licenses that may be issued, either city-wide or in any neighborhood where such short-term rentals are allowed; and
WHEREAS, anecdotal evidence suggests that the COVID-19 pandemic has exacerbated the housing shortage, as people have moved to Pismo Beach and the Central Coast from more urban communities, and some housing units previously used as long-term rentals were sold to buyers intending to occupy them on either a full-time or part-time basis; and WHEREAS, the City has received complaints from neighbors of properties used as short- term rentals concerning parking, noise, trash, crowding, and other issues; and WHEREAS, it is in the interest of the City and its residents that the City undertake a review to consider zoning, land use, and regulatory measures to limit or otherwise regulate the number, location, and/or other aspects of short-term rental properties in Pismo Beach; and
Council Agenda 8-2-2022 11.B-3
Attachment 1
Packet Page 54

WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety, and welfare associated with the lack of long-term rental housing in Pismo Beach, that there is a link between the prevalence of short-term rental properties and the lack of long-term rental housing, and that the issuance of additional short-term rental and homestay permits while the City undertakes a review and consideration of measures to regulate short-term rentals would exacerbate the threat and diminish or postpone the effectiveness of such measures; and
WHEREAS, California Government Code Section 65858 expressly authorizes the City Council to adopt by four-fifths (4/5) vote, without following the procedures otherwise required for the adoption of a zoning ordinance, an urgency ordinance that would go into effect immediately following its passage, which is necessary for the immediate protection of the public health, safety, and welfare; and
WHEREAS, on June 21, 2022, the City Council adopted Ordinance O-2022-005 as an interim urgency ordinance imposing a temporary moratorium on the issuance of short- term rental licenses pursuant to Government Code Section 65858 to provide the City time to study and plan its approach to short-term rentals; and WHEREAS, since the City Council has not yet had sufficient time to consider a permanent ordinance, the City seeks to extend a temporary moratorium on the issuance of new short- term rental licenses pursuant to the Pismo Beach Municipal Code, in order to provide time to study and plan its approach to these use regulations.

NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:

SECTION 1.

The foregoing recitals are adopted as findings of fact in support of this interim urgency ordinance.

SECTION 2.

The City Council hereby places a moratorium on the issuance of permits and directs that no permits issue for short-term rentals and homestays under Chapter 5.22 of the Pismo Beach Municipal Code, nor shall short-term rentals and homestays not in existence as of the date of this ordinance be an allowed use under either Chapter 17.09 or Chapter

17.113 of the Pismo Beach Municipal Code. Nothing herein shall affect the City’s authority to deny a permit application pending as of the date that is one week before the adoption of this ordinance, or to suspend or revoke a permit, pursuant to Section 5.22.160 of the Pismo Beach Municipal Code, or to take action for violations as set forth in Section

17.09.100 or Section 17.113.100. The City Council hereby enacts this interim urgency Council Agenda 8-2-2022 11.B-4
Attachment 1
Packet Page 55

ordinance by not less than a four-fifths vote, and in light of the findings set forth herein, under the authority granted to it by Article XI, Section 7 of the California Constitution and Section 65858(a) of the California Government Code, which allows the City to adopt an interim urgency ordinance in order to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a zoning proposal that the City Council, Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time:

SECTION 3.

Based upon the findings set forth in Section 1, above, this is an extended interim urgency ordinance adopted pursuant to Government Code Section 65858. This ordinance shall therefore take effect immediately upon adoption. This ordinance shall remain in effect for ten months, fifteen days from the expiration date of Ordinance O-2022-005; that is, until June 20, 2023.

SECTION 4.

Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b)(3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.

SECTION 5.

Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.

ADOPTED at a regular meeting of the City Council held this 2nd day of August, 2022, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Council Agenda 8-2-2022 11.B-5
Attachment 1
Packet Page 56

David M. Fleishman

T 805.706.0962
F 800.552.0078
E [email protected]
847 Monterey Street, Suite 206
San Luis Obispo, California 93401
rwglaw.com

MEMORANDUM

TO: MAYOR WAAGE AND MEMBERS OF THE CITY COUNCIL
FROM: David M. Fleishman, City Attorney
DATE: July 22, 2022
SUBJECT: Extension of interim urgency ordinance imposing a citywide moratorium prohibiting the issuance of short-term rental licenses pursuant to Government Code section 65858

Pursuant to Government Code Section 65858(d), the City Council must issue a report of the steps it has taken to alleviate the need for an urgency zoning ordinance. This memorandum serves as that report. The City Council and Planning Commission, due to the press of other business, have not yet had an opportunity to review the issues related to the issuance of short- term rental licenses and the regulatory structure associated with the licensing program. As of this date, the Planning Commission has not examined these issues or provided recommendations to the City Council. As such, it is appropriate to extend the urgency ordinance to allow the Planning Commission and City Council adequate time to consider a revised regulatory scheme for short-term rentals.

Council Agenda 8-2-2022 11.B-7
Attachment 2
Packet Page 58

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A

SUBJECT/TITLE:

INFORMATION TECHNOLOGY (IT) PROJECT UPDATE

RECOMMENDATION:

No action required; information only.

BACKGROUND:

This staff report updates the Council on the status of the upcoming five-year strategic planning process and key IT projects. The highlights of the key IT projects include projects during fiscal year (FY) 2022. In addition, this report also provides key customer service metrics regarding the performance of the City’s IT help desk.

Upcoming IT Strategic Plan
The upcoming Five-Year IT Strategic Plan began in late 2019, but was put on hold due to the plethora of changes in how the City uses technology to deliver and provide services to residents, visitors, and business. In the aftermath of the stay-at-home orders issued in March 2020, it became apparent that the IT priorities of the City had shifted when compared to the input had been collected prior to the COVID-19 global pandemic. City staff decided to put the IT Strategic Planning process on hold until there was a more certain short-term future. The overall IT sector is experiencing increased uncertainty due to equipment shortages and development delays caused by the pandemic. As a result of staffing shortages and other priority projects, staff expects to complete the IT Strategic Planning process in August 2022 and come back to the Council in September 2022 to present the new Five-Year IT Strategic Plan and Assessment recommendations.

Highlights of Key IT Projects

Police Radio Upgrade
Per the California Department of Justice Information Services (CJIS) Bulletin No. 20-09- CJIS, all California law enforcement agencies are required to have a plan to comply with sections 5.10 and 5.13 of the Federal Bureau of Investigation’s CJIS Security Policy regarding the encryption of personally identifiable information. In order to meet this requirement for an encrypted communications channel, the City needs to add an encrypted radio channel for the Police Department. Currently, the City only has a single radio channel for the Police Department and needs to maintain an unencrypted radio channel for interoperability with surrounding agencies. This hybrid configuration will allow the City to meet current requirements and the anticipated requirements if California Senate Bill 1000 (SB 1000) passes. SB 1000 will require law enforcement agencies to use a hybrid radio configuration by January 1, 2024. The city’s geography requires the use of three transmitter sites to provide adequate coverage and the City’s radio channel is setup as a split channel. A split channel means that users must switch channels at the north and south ends of the city to receive the radio channel. Moving to a simulcast Council Agenda 8-2-2022 12.A-1
Packet Page 59

channel would make it so users would not need to change channels depending on where in the city they are.

Based on these needs, in December 2021 the City received a $470,000 grant from the federal government to upgrade the City’s radio system. Included in this project is the creation of an encrypted radio channel, simulcasting both the existing and new radio channel, new mobile and handheld radios, and a new communication link to provide dispatchers priority access to the City’s radio channels. Simulcasting is a technology that allows the City to have the same or better coverage than the City’s existing split channel, makes more efficient use of available radio spectrum, and ensures users receive the best audio available at their location. All of the mobile and handheld radios have been programmed and delivered. The City’s radio vendor is working on the APCO P25 FCC coordination needed to add an additional law enforcement radio channel. Installation of the new antenna systems started in July 2022. Almost all of the equipment for the project has been delivered and is currently being configured. One critical piece of equipment has been delayed due to global shipping issues. If this equipment is delivered by the current delivery estimate, the project is expected to be finished in October 2022.

SCADA Radio Upgrade
The City utilizes a 900 MHz radio network to provide real-time data logging, remote control, and alarming of the City’s water and wastewater systems. This radio network provides communication to all the City’s water and wastewater facilities and is critical to the efficient operation of those facilities. The current radios are out-of-date, have exceeded their expected lifetime, and are no longer supported by the manufacturer. The out-of-date radios have also been identified as a security vulnerability. New radios were purchased to replace the existing 900 MHz radios and they have been undergoing configuration and testing the past few months. Installation of the new radios is scheduled for the week of August 1st. The new radios have the latest security features, provide more efficient use of available radio bandwidth, and utilize backup cellular connections if the main radio connection stops working. They also have more user-friendly interfaces that will make it easier for City staff to replace radios in the event of a failure. Having up-to- date radios ensures system reliability and allows staff to respond as quickly as possible to any problems.

Mobile Command Vehicle
The City’s mobile command vehicle (MCV) is a high-tech communications hub that allows Police Department staff to access their systems from anywhere in the city. There are 6 radios, 4 computers, 8 LCD screens, and 1 camera installed within or on the MCV. This allows for 2 dispatch stations with access to the City’s radio channels as well as those of surrounding public safety agencies. One computer is available to write reports or for general purposes. The last computer is installed under the conference room table to provide access to the City’s surveillance cameras or any other information command staff needs. The MCV is also equipped with a video switcher that allows staff both inside and outside the MCV to see the same information at the discretion of command staff. One application of this is to allow dispatch staff and those outside the MCV see live video from the Police Department’s drone. The camera on top of the MCV is on an extendable mast Council Agenda 8-2-2022 12.A-2
Packet Page 60

that provides Police Department staff with better local situational awareness. The live video feeds from the drone and the City’s other surveillance cameras provides command staff with an unprecedented real-time view of what is happening. After each of the first two deployments of the MCV, Police and IT have met to debrief on what improvements need to be made and how to make operations more efficient.

Security Improvements
This past year, the cyber security environment was very challenging. IT responded to security alerts requiring the City to block internet traffic from Russia. IT has also been auditing and hardening all systems to ensure the City’s multi-layered cyber security systems are operating as efficiently as possible. One part has been deploying new VPN software to ensure all network communications are authenticated and encrypted. The new VPN software will allow IT in the future to provide multi-factor authenticated logins, increased single sign on capabilities, and user specific security profiles. Moving to multi- factor authenticated logins will make credential harvesting less of a problem, decrease the City’s cyber liability risk, and decrease the need for users to change passwords.

In the past, the City has conducted an annual email phishing and credential harvesting test. These tests consist of IT sending out phishing and credential harvesting emails and tracking how many users open them. Due to recommendations from the California Joint Powers Insurance Authority (CJPIA), which provides the City’s cyber liability insurance, IT is now conducting quarterly email phishing and credential harvesting tests. Each test is conducted using multiple emails so that users do not all receive the same one. This decreases the chance of users figuring out and letting others know that a test is going on.

In addition, users are offered additional cyber security training if they click on one of the test emails. IT is closely following all cyber liability recommendations from CJPIA.

Part of the City Hall security project was to add keyless entry doors and upgraded surveillance cameras to City Hall. This system allows the City to have locked physical barriers between public spaces and staff work areas. The City Hall security project also provided physical security for the City’s IT systems and increased the cooling efficiency of the City Hall IT room. Access is provided by a smart card that can also double as the City’s employee identification card or emergency operations center identification card.

The smart cards provide a higher level of security that physical keys, because if one is lost IT can deactivate that card to ensure it is not used. It also provides a log of when and what card used to enter the building. The upgraded surveillance cameras now tie into the Police Department’s systems and ensure the City complies with its requirements to retain surveillance video. If there is a problem at City Hall, Police can remotely view the City Hall cameras to see what the issue is before they arrive.

IT Survey Results
Every year, IT staff sends out a survey to canvass City employees on the effectiveness of the City’s IT helpdesk. Staff city-wide can contact the IT helpdesk via phone, email, webpage form, or in person. In order to respond to these requests on a timely basis, the City contracts out the helpdesk to CITIG. The IT Manager manages the CITIG contract and also responds to helpdesk issues as needed. This year IT received 41 complete Council Agenda 8-2-2022 12.A-3
Packet Page 61

survey results, the highest amount ever in the 8 years IT has conducted this survey. This past year, survey respondents gave the City’s IT services an overall satisfaction rating of 90%. This is lower than the 95% rating from the previous year. Of the overall satisfaction rating, 44% gave a very satisfied rating, a noteworthy decrease from the 77% rating from the previous year.

Due to the increased reliance on technology for most employees, the City increased help desk support by increasing the onsite visits from monthly to weekly. Unfortunately, this past year there has been significant staff turnover at CITIG and getting the new help desk staff trained on City-specific systems is likely why the “very satisfied” rating dropped. The IT Manager continues to work with City’s help desk provider to improve response times and user interactions. IT staff are going through the survey results and reaching out to resolve any issues that may have led to dissatisfied interactions

Next Steps
This year (FY 2023), City staff are planning to resume the new five-year strategic planning process. This process will re-evaluate the projects that have been cancelled, look at where technology is headed in the near future, and position the City to make use of the available technology to provide the highest level of customer service while ensuring security of the City’s systems and business continuity in the event of disruptions.

FISCAL IMPACT:

There is no fiscal impact from receiving this report as it is information only.

ALTERNATIVES:

None.

ATTACHMENTS:

None.
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
50%
Very Satisfied Satisfied Neutral Dissastisfied Very Dissastisfied Chart 1: IT Survey Results for 2022
Overall Satisfaction
Council Agenda 8-2-2022 12.A-4
Packet Page 62

Prepared by: Meeting Date: August 2, 2022
Jason Takagi, Information Technology Manager
Submitted by: Nadia Feeser, Administrative Services Director Acting City Manager Approval:

Council Agenda 8-2-2022 12.A-5
Packet Page 63

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B
SUBJECT/TITLE:

REVIEW OF CODE OF ETHICS FOR CITY COUNCIL AND ADVISORY BODY

MEMBERS
RECOMMENDATION:

Conduct a review of the City's Code of Ethics for City Council and Advisory Body Members, and provide direction to staff if desired.

BACKGROUND:

On October 4, 2005, the City Council adopted Resolution R-05-067 (Attachment 1), establishing a Code of Ethics for City Council and Advisory Body Members, based on model language from the League of California Cities. On June 20, 2006, the Council approved an addendum to the policy allowing members to pledge that they will honor the policy in their service to the City. The City Clerk's Office currently collects this "Statement of Commitment" from each City Council Member and Advisory Body Member.

On July 19, 2022, a majority of the City Council directed staff to return an agenda item allowing for a review of the above Code of Ethics.

Conclusion and Recommendation
Staff recommends that the City Council conduct a review of the Code of Ethics for City Council and Advisory Body Members, and provide direction to staff if desired.

FISCAL IMPACT:

There is no fiscal impact associated with this review.

ALTERNATIVES:

None.

ATTACHMENTS:

1. Resolution

2.Statement of Commitment
Submitted by: Jorge Garcia, Assistant City Manager Meeting Date: August 2, 2022 Acting City Manager Approval:

12.B-1Council Agenda 8-2-2022
Packet Page 64

12.B-2Council Agenda 8-2-2022
Attachment 1
Packet Page 65

12.B-3Council Agenda 8-2-2022
Attachment 1
Packet Page 66

12.B-4Council Agenda 8-2-2022
Attachment 1
Packet Page 67

12.B-5Council Agenda 8-2-2022
Attachment 1
Packet Page 68

12.B-6Council Agenda 8-2-2022
Attachment 1
Packet Page 69

CITY OF PISMO BEACH CODE OF ETHICS

FOR CITY COUNCIL AND ADVISORY BODY MEMBERS

STATEMENT OF COMMITMENT

As a member of the Pismo Beach City Council or as a member of a Pismo Beach Advisory Body, I agree to uphold the Code of Ethics for elected and appointed officials adopted by The City Council and conduct myself by the following model of behavior.

I will:

 Recognize the worth of individual members and appreciate their individual talents, perspective and contributions.

 Help create an atmosphere of respect and civility where individual members, city staff and the public are free to express their ideas and work to their full potential.

 Conduct my personal and public affairs with honesty, integrity, fairness and respect for others.

 Respect the dignity and privacy of individuals and organizations.

 Keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit.

 Avoid and discourage conduct, which is divisive or harmful to the best interests of Pismo Beach.

 Treat all people with whom I come in contact in the way I wish to be treated.

 Before I speak or act I will ask myself the following four questions:

o Is it the truth?
o Is it fair to all concerned?
o Will it build goodwill and better friendships?
o Will it be beneficial to all concerned?

I affirm that I have read and that I understand, accept and support the City of Pismo Beach Code of Ethics.

Council or Advisory Body: ______________________ Position: ______________________

Date: ___________________________

Print Name: ______________________

Signature: ________________________

12.B-7Council Agenda 8-2-2022
Attachment 2
Packet Page 70

Pismo Beach City CouncilAugust 2, 2022

Pismo Beach City Council
August 2, 2022