Agenda packet — Pismo Beach City Council, October 4, 2022

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AGENDA
Pismo Beach City Council
Tuesday, October 4, 2022
Time Meeting Type Physical Location Virtual Participation Option 4:00 p.m. Closed Session Admin Conference Room, City Hall None 5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual participation is offered via Zoom.
2 Broadcast meeting also available, for viewing only, on cable Channel 20 and online at pismobeach.org/agenda.

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, 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 only: 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 Regular Meeting 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 only: Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted.
•To make Regular Meeting public comment, press *9 to “raise your hand” when the comment period on your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.

Watch online:
•Regular Meeting only: Visit www.pismobeach.org/agenda and scroll to “Upcoming Events.” When the live broadcast begins, an “In Progress” link will appear; click this link to watch the livestream. A recording of the meeting will be available on demand shortly after the meeting ends.

Watch on Channel 20:
•Regular Meeting only: Tune to local cable channel 20 in Pismo Beach; the meeting will be broadcast live.

Meetings are also replayed at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day the following week.

Submit written comment:
•Regular Meeting and Closed Session: 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 Regular 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. Emails submitted 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.

Voicemails submitted after the start of the meeting may not be fully considered prior to any action taken on the item. This automated voicemail line 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. •Phone numbers of voicemail commenters may be visible in the public record along with transcripts.

Please contact City Clerk Erica Inderlied at [email protected] with questions.

Council Agenda 10-4-2022

Pismo Beach City Council Agenda October 4, 2022

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Special Closed Session—4:00 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 Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: Pismo Beach Self Storage LP v. City of Pismo Beach, California Court of Appeal Case # B310289
Item 3.B: 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. v.

City of Pismo Beach, San Luis Obispo Superior Court Case # 20CV-0652

4.CLOSED SESSION REPORT

5.ADJOURNMENT
Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, October 4, 2022 Council Chamber, City Hall Council Agenda 10-4-2022

Pismo Beach City Council Agenda

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Regular Meeting—5:30 p.m.

Council Chamber, 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.PLEDGE OF ALLEGIANCE

3.ACCEPTANCE OF AGENDA

4.PRESENTATIONS
Item 4.A: Proclamation: Dating and Domestic Violence Action Month (Lumina Alliance)
Item 4.B: Presentation: Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting - Annual Comprehensive Financial Report (ACFR) (Mayor)

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
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October 4, 2022

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8.COUNCIL COMMITTEE REPORTS

1.Air Pollution Control District, SLO County (Waage/Newton)

2.California Coastal Coalition Board (Reiss/Blake)

3.California Joint Powers Insurance Authority Board (Reiss)

4.Central Coast Community Energy Policy Board (Mayor)

5.Chapman Estate Foundation Liaison (Reiss)

6.Coastal Cities Group, League of CA Cities (Waage)

7.CAPSLO Board of Directors (Reiss)

8.Conference and Visitors Bureau Board Liaison (Newton)

9.Friends of Price House Liaison (Waage)

10. Hazard Mitigation & Fire Safety (Blake/Waage)

11. Homeless Services Oversight Council (Guthrie)

12. Integrated W aste Management Authority (Newton)

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

14. REACH (formerly EVC) (Blake)

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

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

17. SLOCOG (Waage/Reiss)

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

19. Visit SLO CAL Advisory Committee (Newton)

20. Water Resources Advisory Committee, SLO (Guthrie)

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

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

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

Adopt Minutes of the September 20, 2022 Closed and Regular Meetings.

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

1.Approve the Summary of Payroll Register for August 16, 2020;

2.Approve the Register of Demands for August 14, 2020.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for August 2022 of FY 2022-2023 (Feeser)
Recommendation: No action required; information only.

Item 9.D: Update on March 16, 2020 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation: No action required; information only.

Item 9.E: Agreement with the County of San Luis Obispo for Joint Participation in the Permanent Local Housing Allocation (PLHA) Funding Program (Downing)
Recommendation:

Adopt a Resolution authorizing the City Manager to enter into an agreement with the County of San Luis Obispo for joint participation in the Permanent Local Housing Allocation funding program for Fiscal Years 2020 through 2025.

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Item 9.F: Purchase of Two Replacement Police Department Motorcycles (Fine) Recommendation:

Adopt a Resolution authorizing the purchase of two replacement Police Department motorcycles in the amount of $65,437.42 in Fiscal Year 2023.

Item 9.G: Award of Contract to Industrial Design Research, Inc. for the Purchase of a Lifeguard Tower (Lee)
Recommendation:

Adopt a Resolution awarding a contract for the purchase of a Surveyor SR Lifeguard Tower to Industrial Design Research, Inc. in the amount of $57,916.78 and appropriating related budget adjustments in Fiscal Year 2023.

Item 9.H: Final Map and Subdivision Improvement Agreement for Parcel Map PB21-0032, 478 Hinds Avenue (Fine)
Recommendation:

Adopt a Resolution approving the Final Map and Subdivision Improvement Agreement for Parcel Map PB21-0032, 478 Hinds Avenue.

Item 9.I: Appointment of Jack Krasner to the Parking Advisory Committee (Inderlied)
Recommendation:

Provide direction to staff on the appointment of Jack Krasner to the Parking Advisory Committee, for a membership term ending February 28, 2023.

Item 9.J: Cash for Grass Water Conservation Incentive Program (Fine) Recommendation:

Adopt a Resolution increasing the rebate for the “Cash for Grass” water conservation rebate incentive program to $2.00 per square foot of grass replaced with drought tolerant landscaping or artificial turf.

Item 9.K: Settlement Agreement/Amendment to Water Pre-Sale Agreement with Central Coast Development Company (Fleishman)
Recommendation:

Adopt a Resolution approving a Settlement Agreement/Amendment to Agreement for Pre-Sale of State Water, and authorizing the City Manager to execute the Agreement on behalf of the City.

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Item 9.L: 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:
•The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.

10.ITEMS PULLED FROM CONSENT CALENDAR

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

None.

12.BUSINESS ITEMS May be reordered and heard prior to Public Hearings Item 12.A: Joint Powers Agreement to Establish the Central Coast Blue Joint Powers Authority (Fleishman)
Recommendation:

Adopt a Resolution approving a Joint Exercise of Powers Agreement Creating the Central Coast Blue Regional Recycled Water Authority, and authorizing the Mayor to execute the Agreement on behalf of the City.

Item 12.B: Plan for Enhanced Community Cleanliness (Fine) Recommendation:

Adopt a Resolution authorizing the creation of two additional Maintenance Worker I positions and the purchase of an electric utility truck, and appropriating related budget adjustments in Fiscal Year (FY) 2023.

Item 12.C: Police Department Semi-Annual Update (Smith) Recommendation: Receive Police Department Semi-Annual Update

13.CITY COUNCIL COMMENTS AND REQUESTS

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

Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, October 18, 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).

Council Agenda 10-4-2022
October 4, 2022

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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 October 4, 2022 meeting(s) of the Pismo Beach City Council was posted on September 29, 2022, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.

Erica Inderlied, City Clerk
Meeting Schedule: The City Council of Pismo Beach regularly meets on the first and third Tuesdays of each month at 5:30 p.m., unless otherwise noticed. Closed and Special sessions will be duly noticed as needed.

Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at pismobeach.org/agenda and upon request from the City Clerk’s Office, typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed Sessions and other Special meetings are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.

Related Materials: All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at [email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. Please call (805) 773-7003 with any questions.

Broadcasting: Regular (televised) City Council meetings are available for viewing 24/7 at pismobeach.org/agenda, broadcast live on Channel 20, and re-broadcast during the week following the meeting on Channel 20 at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day.

Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment during public comment or as part of a scheduled presentation, 24 hours prior to the meeting at (805) 773-7003.

Notice Regarding Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need agenda documents provided in an alternative format, please contact the City Clerk’s Office at 773-7003 as soon as possible prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-

35.104 ADA Title II).

Council Agenda 10-4-2022
October 4, 2022

A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA RECOGNIZING OCTOBER 2022 AS

DATING AND DOMESTIC VIOLENCE ACTION MONTH
WHEREAS, Dating and Domestic Violence Action Month calls attention to the fact that sexual and intimate partner violence is widespread and impacts every person in Pismo Beach; and WHEREAS, domestic violence is a pattern of control in an intimate relationship where one person uses coercion and violence to gain power and control over their partner; and WHEREAS, domestic violence can result in physical injury, psychological trauma, and even death; and the devastating consequences of domestic violence can cross generations and can last a lifetime; and
WHEREAS, there is a need to focus on the individualized needs of domestic violence survivors; and the marginalization of certain groups in society, including undocumented individuals, transgender individuals, and those living with disabilities, increases their vulnerability to intimate partner violence; and
WHEREAS, Lumina Alliance provides essential, lifesaving services for survivors, their children, and families throughout San Luis Obispo County including Pismo Beach; providing a safe environment to those affected by domestic violence with crisis intervention, counseling, education, legal services, and emergency safe housing; and WHEREAS, Lumina Alliance has received over two thousand four hundred calls to the crisis & information line, provided more than six thousand four hundred collective nights for shelter clients, and provided more than five thousand hours of therapy; and WHEREAS, Lumina Alliance and Cal Poly Safer have partnered to create this year’s theme, which is “We Deserve,” in recognition that in all relationships, we deserves respect, equity, honesty, bodily autonomy, independence, boundaries, healing, joy, and so much more.

WHEREAS, the City of Pismo Beach strongly supports the efforts of Lumina Alliance and how every segment of our society can work together to better address intimate partner violence, and how to help survivors connect with services.

NOW, THEREFORE, the City Council of the City of Pismo Beach hereby recognizes the important work done by domestic violence programs, and hereby proclaims the month of October to be National Dating and Domestic Violence Action Month in the City of Pismo Beach.

Dated this 4th day of October, 2022
________________________
Ed Waage, Mayor
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.A
` SUBJECT/TITLE:

ADOPTION OF MEETING MINUTES
RECOMMENDATION:

Adopt Minutes of the September 20, 2022 Closed and Regular Meetings BACKGROUND:

Attached for the Council’s consideration are the draft minutes of the subject meetings for review and adoption.

FISCAL IMPACT:

There is no fiscal impact associated with the preparation or adoption of meeting minutes.

ALTERNATIVES:

1. Adopt the minutes with revisions.

2.Decline to adopt the minutes; provide direction or request additional information.

ATTACHMENTS:

1.Draft Minutes for September 20, 2022
Submitted by: Erica Inderlied, City Clerk Meeting Date: October 4, 2022 City Manager Approval:

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DRAFT MINUTES
Pismo Beach City Council
Tuesday, September 20, 2022
Special Closed Session—5:00 p.m.

Administration Conference Room, City Hall, 760 Mattie Road, Pismo Beach, CA 93449
The City Council of the City of Pismo Beach met this date in a special closed session with Mayor Waage presiding.

CALL TO ORDER: Mayor Waage called the meeting to order at 5:00 p.m.

1.ROLL CALL:

Present: Absent:

Mayor Ed Waage Council Member Scott Newton
Mayor Pro Tem Mary Ann Reiss
Council Member Sheila Blake
Council Member Marcia Guthrie
Staff Present:

Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, Assistant City Manager

2.PUBLIC COMMENT PERIOD

Call for public comment: No comment.

3.ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session items listed below.

Item 3.A: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: City of Pismo Beach vs. Pacific Harbor Homes Inc. / San Luis Obispo Superior Court Case No. 15CV-0627

4.CLOSED SESSION REPORT
City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above items.

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5. ADJOURNMENT
At 5:34 p.m., to the 5:30 p.m. Regular Meeting.

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Regular Meeting—5:30 p.m.

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

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

CALL TO ORDER: 5:40 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
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.

4. PRESENTATIONS

Item 4.A: Proclamation: National Hispanic Heritage Month (Latino Outreach Council)

Presented to Jacqueline del Valle Frederick and CR Lara, Latino Outreach Council.

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5. PUBLIC COMMENT PERIOD

Call for public comment:

Steve Norwood commented.

Kama Lopez commented.

Sean Corpuel commented.

Misa Perez commented.

Darice Rahbar commented.

Jeanette Vierra commented.

Susan Steck commented.

Kevin Kreowski commented.

Don Day commented.

Nathan Lengsrichaem commented.

6. CITY MANAGER’S REPORT

Assistant City Manager Garcia commented on various topics.

7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT

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

8. COUNCIL COMMITTEE REPORTS

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

Council Member Newton:

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

Pismo Beach Conference and Visitors Bureau (CVB) Board / LBID Advisory Board.

Mayor Waage:

San Luis Obispo County Community Fire Safe Council.

Central Coast Community Energy (3CE) Board.

League of California Cities Coastal Cities Group, Sea Level Rise Working Group.

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

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9. CONSENT CALENDAR

Call for public comment: No comment.

Action: Adopt Consent Calendar.

Motion: Blake
Second: Newton

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

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

Absent: 0
Abstain: 0
Recused: 0

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

Recommendation:

Adopt Minutes of the September 6, 2022 Regular Meeting.

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

Recommendation:

Approve the Register of Demands for August 19, 2022.

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

Recommendation: Receive reports as information only.

Item 9.D: Monthly Investment Transaction Report of the City’s Cash and Investments for July 2022 of FY 2022-2023 (Feeser)

Recommendation: No action required; information only.

Item 9.E: Biennial Conflict of Interest Code Update (Inderlied)

Recommendation: Adopt a Resolution adopting a revised Conflict of Interest Code; rescinding Resolution No. R-2020-076.

Legislative Record: Resolution R-2022-080 adopted.

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Item 9.F: 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:
• The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.

10. ITEMS PULLED FROM CONSENT

None.

11. PUBLIC HEARINGS

None.

12. BUSINESS ITEMS

Item 12.A: Water Supply Update (Fine)

Recommendation:

1. Receive an update on the City’s water supply; and

2. Discuss water conservation rebates and provide staff with direction on how to proceed.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, Assistant City Manager

Call for public comment:

Brad Snook commented.

Cynthia Replogle commented.

Tedd commented.

Action: Consensus to provide the following direction to staff:

1. Continue to find ways to enhance communication to the community about good water conservation habits.

2. Continue to find ways to partner with the lodging community to reduce lodging properties’ water use;

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3. Return at the next available meeting with an agenda item increasing the Cash4Grass incentive program rebate to $2 per square foot of turf removed.

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

Absent: 0
Abstain: 0
Recused: 0

Item 12.B: Zone 3 Contract Revisions (Fine)

Recommendation: Adopt a Resolution authorizing the Mayor to execute an Amended and Restated Water Supply Contract with the County of San Luis Obispo Flood Control and Water Conservation District, Zone 3.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, Assistant City Manager

Call for public comment: No comment.

Action: Adopt a Resolution authorizing the Mayor to execute an Amended and Restated Water Supply Contract with the County of San Luis Obispo Flood Control and Water Conservation District, Zone 3.

Motion: Newton
Second: Reiss

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2022-081 adopted.

Item 12.C: Code Compliance Update And Direction (Downing)

Recommendation:

Receive a report from staff on current Code Compliance practices and provide direction on the following policy items:

1. Enforcement priorities for Code Compliance cases.

2. Types of violations that should be pursued on a proactive basis, versus a complaint basis.

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3. Preferred approach to collecting unpaid fines associated with Code Compliance cases.

4. Dollar amount threshold, and other factors, that determine whether collections activities should be pursued.

Presenting staff:

Matt Downing, Community Development Director
Jorge Garcia, Assistant City Manager
Ian Livingston, Building Official

Call for public comment:

Don Day commented.

Action: Consensus to provide the following direction to staff:

1. Prioritize the investigation of apparent code violations in the following order:
• Substandard buildings and immediate life safety concerns; • Short-term rental (STR) permit complaints and unpermitted STR operations identified through the active monitoring program; • Active unpermitted construction;
• Sign violations;
• Other complaint-driven issues.

2. Undertake proactive enforcement activities relating to unpermitted STR operation, active unpermitted construction, off-site signage and banners, and substandard buildings presenting a health and safety risk.

Undertake complaint-based enforcement activity, and require an official complaint in writing, complete with contact information, for the remainder of cases.

3. Utilize the City Attorney’s office to seek payment for citations with unpaid fines that are more than 30 days overdue. Utilize a third-party collection agency for fines that remain unpaid 30 days after the City Attorney’s contact.

4. Pursue collections activities only for citations/cases totaling more than $500.

Pursuant to PBMC Subsection 1.24.020.C., grant the City Manager the discretion to adjust or waive up to $250 in fines in cases where compliance has been achieved or is underway.

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13. CITY COUNCIL COMMENTS AND REQUESTS

Consensus to agendize consideration of the appointment of Jack Krasner to the Parking Advisory Committee for the next available meeting.

Consensus to direct staff to return with an agenda item within approximately 45 to 60 days to provide the Council with more information about potentially hiring a consultant to conduct a study regarding the feasibility of a permanent outdoor dining program and/or conversion of Dolliver Street to a pedestrian promenade.

Consensus to refer public input regarding safety concerns relating to Shell Beach Streetscape pathway to the Traffic Safety Committee (TSC) for consideration.

14. ADJOURNMENT

At 8:12 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

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

PAYROLL REGISTER AND REGISTER OF DEMANDS

RECOMMENDATION:

1. Approve the Summary of Payroll Register for September 11, 2022.

2. Approve the Register of Demands for August 26, 2022; September 2, 2022; and September 9, 2022.

BACKGROUND:

Attached are the Summary of Payroll Register(s) and Register(s) of Demands (Check Registers) noted above, provided for Council approval.

FISCAL IMPACT:

As demonstrated in the attached payroll and check registers.

ALTERNATIVES:

1. Request additional information from staff.

ATTACHMENTS:

1. Payroll Summary

2. Registers of Demands

Submitted by: Meeting Date: October 4, 2022
Nadia Feeser, Administrative Services Director / City Treasurer

City Manager Approval:

9.B-1Council Agenda 10-4-2022
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FOR PERIOD ENDING 09/11/22
CHECKS DATED 09/16/22
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 556890 ‐ 556893 & 556889 5
ACH 126

EARNINGS
REGULAR 359,144.53
HOLIDAY 4,243.18
OVERTIME (Includes Comp Time Payouts)20,222.81
Administration ‐
Building ‐
Conference & Visitors Bureau ‐
Police Department 15,684.69
Parking 858.64
Engineering ‐
Fire ‐
Recreation ‐
Public Works 495.11
Water 1,710.91
Wastewater 1,473.46
Motor Vehicles ‐
Subtotal‐Overtime 20,222.81$
SALARY ADJUSTMENTS 572.28
TRAINING / UNIFORM ALLOWANCE 243.75
OTHER EARNINGS 14,427.27
$398,853.82
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 39,466.67
FICA & MEDICARE 29,491.09
STATE INCOME TAX 14,233.27
STATE DISABILITY INSURANCE 4,037.23
GARNISHMENTS 461.53
HEALTH 1,665.70
SUPPLEMENTAL DISABILITY 1,501.58
SECTION 125 2,302.31
PERS 32,247.52
DEFERRED COMPENSATION 9,336.54
ADDITIONAL LIFE INSURANCE 296.17
UNION DUES 2,438.04
PISMO ATHLETIC CLUB 195.00
OTHER
NET PAYROLL $261,181.17
DIRECT DEPOSIT DEDUCTION 250,971.24
NET PAYROLL AFTER ACH DEPOSIT 10,209.93
SUMMARY PAYROLL REGISTER

9.B-2Council Agenda 10-4-2022
Attachment 1
Packet Page 13

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 12017 Vantagepoint Transfer Agents 08/26/2022 11,266.00$ Retiree Health Premiums Sept 2022 ACH 12211 CA. Public Emp Retirement Sys 08/26/2022 107,471.34 Medical Insurance Sept 2022 Active Employees ACH 12944 Leaf 08/26/2022 1,231.19 Monthly Copier Lease August 2022 ACH 10371 Visit SLO County 08/26/2022 238,793.16 TMD Payments June 2022 ACH 14257 Igoe Administrative Services 08/26/2022 1,866.58 IGOE FSA & DDS Reimbursement - August 2022 123378 10446 Achievement House, Inc. 08/26/2022 9,779.55 Beach Maintenance & Litter Removal July 2022 123379 10695 AFLAC 08/26/2022 3,002.94 Supplemental Disability Insurance August 2022 123380 10294 Allstar Fire Equipment 08/26/2022 5,257.12 Thermal Imaging Camera - Fire 123381 11382 Applied Technology Group, Inc. 08/26/2022 17,930.11 Installation & Implementation of City Simulcast System 123382 12543 AT&T 805 773-3505 08/26/2022 145.63 PD Fax Line 805.773.3505 7/25/22 - 8/24/22 123383 14248 Boys and Girls Club of So. San Luis Obispo County 08/26/2022 1,700.00 Childcare Support Services July 2022 123384 11392 Brenntag Pacific Inc. 08/26/2022 2,216.31 Sodium Bisulfite 123385 14402 Carol A. Burner 08/26/2022 866.66 900 Bello Street Lease - Sept 2022 123386 12610 CalPortland Construction 08/26/2022 83,001.59 Paving Project July 2022 123387 13028 Jose Camacho 08/26/2022 12.00 Parking Reimbursement: PAPA Test Prep Course 8/2-8/3/22 123388 10085 Cannon Associates 08/26/2022 120,596.59 Ocean Blvd & Paving Project Construction Management June/July 2022 123389 13951 Central Coast Portables 08/26/2022 147.00 Portable Toilets - Price House 06/11/22-07/09/22 123390 11451 Channel Islands Technology Integrators' Group 08/26/2022 33,937.13 Professional IT Services 123391 13105 Chapman Foundation 08/26/2022 745.00 Chapman Estate Docent Tour Fees July 2022 123392 11169 Coast Riders Powersport Sales 08/26/2022 1,773.04 PD Equipment Maintenance 123393 10708 Coastline Equipment 08/26/2022 1,177.16 Backhoe Repairs 123394 12224 Delta Dental Of California 08/26/2022 7,502.16 Dental Insurance August 2022 123395 12307 Department Of Justice 08/26/2022 287.00 Fingerprint Services June 2022 123396 13086 Dependable Fire Protection 08/26/2022 944.88 Annual Fire Extinguisher Service - Corp Yard 123397 11222 Drive Customs 08/26/2022 1,358.79 PD213 Patrol Vehicle Build Out Labor 123398 11469 Eikhof Design Group Inc 08/26/2022 580.00 Development Review - July 2022 123399 14325 Engeo Incorporated 08/26/2022 78,796.32 Ocean Blvd ESDC - May/June/July 2022 123400 13646 Eurofins Eaton Analytical, LLC 08/26/2022 1,275.00 Central Coast Blue Sample Testing for Outfall Line 123401 12035 Ben Fine 08/26/2022 438.00 M&I/Mileage: League of CA Cities Annual Conf 9/6-9/9/22 123402 12554 Gov Connection, Inc. 08/26/2022 11,449.00 Annual Adobe License Subscriptions 123403 12168 Gregory Dean Gallegos 08/26/2022 700.00 Weed Abatement-City Lot 900 Bello St 123404 10806 Hach Company 08/26/2022 3,853.69 Dissolved Oxygen Probe Replacements for Oxidation Ditches 123405 14043 Health & Human Resource Center, Inc. 08/26/2022 130.05 Employee Assistance Program Sept 2022 123406 14246 Hunter Smith Architecture 08/26/2022 25,045.00 Corp Yard/Chapman Projects - June/July 2022 123407 11993 Information Technology 08/26/2022 1,379.07 Data Lines: Apr - June 2022 123408 13276 InfoSend, Inc. 08/26/2022 1,042.65 Processing-Printing-Mailing City's Utility Bills July 2022 123409 12525 JJ Fisher Construction 08/26/2022 1,251.60 Bello Bridge Art - CO 1 July 2022 123410 10474 Joseph Wolosz 08/26/2022 6,500.00 Wolosz Parking Lot Lease - Sept 2022 123411 12032 Kimball Midwest 08/26/2022 1,099.69 Shop Supplies 123413 11586 Liebert, Cassidy & Whitmore 08/26/2022 2,113.00 Professional Legal Services July 2022 123414 10175 Life-Assist, Inc. 08/26/2022 582.56 Medical Supplies - Fire 123415 14410 Maino Construction 08/26/2022 8,000.00 Release Encroachment Permit Bond: 2100 Shell Beach Rd 123416 14401 Barbara L. Maraist 08/26/2022 866.67 900 Bello Street Lease - Sept 2022 123417 13964 MNS Engineers, Inc. 08/26/2022 3,782.15 Bello Bridge CM - July 2022 123418 10728 Oilfield Environmental & Compliance, Inc. 08/26/2022 2,594.28 Lab Analysis July 2022 123419 14411 Falguni Patel 08/26/2022 1,000.00 Deposit Refund SBVH Event Date 10/9/22 123420 11202 Pavement Engineering, Inc. 08/26/2022 16,306.25 2022 Paving Project ESDC July 2022 123421 14403 Betty J. Pratt 08/26/2022 866.67 900 Bello Street Lease - Sept 2022 123422 12335 Procare Janitorial Supply Inc 08/26/2022 1,343.39 Janitorial Supplies 123423 14120 Quincon, Inc. 08/26/2022 46,189.95 City Hall/Corp Yard Remodel July 2022 123424 10140 Quincy Engineering Inc 08/26/2022 3,833.93 Bello ESDC April 2022 123425 12613 Quinn Company 08/26/2022 161.60 Forklift Battery 123426 13410 R.S. Fire Protection 08/26/2022 68.10 Fire Extinguisher Services 123427 12126 San Luis Distance Club 08/26/2022 2,500.00 Stride with the Tide Promoter Fees 123428 12516 San Luis Obispo Co. Health Agency 08/26/2022 12,778.00 FY 21/22 Debt Service Installment #1 & #2 123429 12108 Santa Maria Tire, Inc. 08/26/2022 233.90 PD214 Tire Mount & Balance 123430 13994 SBRK Finance Holdings, Inc. 08/26/2022 26,516.21 Springbrook Financial System Renewal FY 23 123431 10584 Selective Security Systems Inc 08/26/2022 79.56 Parking Annex Alarm Service 09/01/22 - 11/30/22 123432 13913 Silvas Oil Co., Inc 08/26/2022 8,538.14 Diesel & Unleaded Fuel Deliveries 8/18/22 123433 12925 Smith's Alarms & Electronics 08/26/2022 90.00 Security Monitoring - Price House 09/01/22 - 11/30/22 123434 12031 Stanley Convergent Security Solutions 08/26/2022 2,232.74 Security & Fire Monitoring Aug/Sept 2022 123435 12321 The Gas Company 08/26/2022 1,357.88 Gas Service 07/21/22 - 08/21/22 123436 13097 The Standard 08/26/2022 1,459.07 Life & Additional Life Insurance Sept 2022 123437 13442 Thorn Run Partners 08/26/2022 4,000.00 Federal Lobbying Services Aug 2022 123438 12860 Townsend Public Affairs 08/26/2022 10,500.00 State Lobbying Services May/June/July 2022 123439 12620 Uline 08/26/2022 1,430.31 IT Furniture & Ladder 123440 12982 Ultrex Business Products 08/26/2022 1,499.01 City-Wide Copier Usage June 2022 123441 13392 Urban Planning Concepts 08/26/2022 13,609.72 In-House Planning Services GP/LCP Update - 07/01/22 -07/31/22 123442 13073 VSP- Vision Service Plan (CA) 08/26/2022 1,727.90 VSP Vision Insurance September 2022 123443 12527 Water Systems Consulting Inc 08/26/2022 2,271.14 NCMA Staff Extension Services - June 2022 123444 14412 Debra Zuniga 08/26/2022 1,000.00 Deposit Refund SBVH Event Date 8/6/22 123445 UB*00931 LUKE LETTIHGA ALI SCHMIDT (T) 08/26/2022 70.53 Refund Check 018474-000, 151 CAPISTRANO 123446 11382 Applied Technology Group, Inc. 08/26/2022 28,716.70 Installation & Implementation of City Simulcast Radio System 123447 10085 Cannon Associates 08/26/2022 41,732.60 Paving Project CM - July 2022 City of Pismo Beach
Final Disbursement List Check Date 08/26/2022

9.B-3Council Agenda 10-4-2022
Attachment 2
Packet Page 14

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
City of Pismo Beach
Final Disbursement List Check Date 08/26/2022
123448 14202 Crisp Imaging 08/26/2022 4,177.50 Scanning Public Records - Planning Permit Files 123449 UB*00933 GRANT ELWOOD 08/26/2022 112.76 Refund Check 013915-004, 2053 SHELL BEACH 123450 11325 KCBXNET 08/26/2022 938.00 Cablecast & Channel 20 Maintenance Services July 2022 123451 12096 Lee Wilson Electric Co Inc 08/26/2022 345.00 Signal Light Maintenance June 2022 123452 13279 Pacific Central Coast Health Centers 08/26/2022 4,604.80 Pre Employment Physicals 123453 UB*00566 PHOEBE SCHWAEGERLE 08/26/2022 164.11 Refund Check 017690-000, 2014 COSTA DEL SOL 123454 UB*00932 KENNETH SODA (T) 08/26/2022 57.96 Refund Check 018225-000, 369 CAPISTRANO 123455 14361 Sun Ridge Systems, Inc. 08/26/2022 62,895.44 Records Management System - 25% Payment 123456 13708 Tenera Environmental 08/26/2022 673.23 NPDES Permit Renewal Support July 2022 123457 12461 TJA Advertising 08/26/2022 174,794.71 CVB & LBID Advertising and Promotion July 2022 123458 12527 Water Systems Consulting Inc 08/26/2022 351,638.01 CCB - Program Mgmt-Permiting & Final Design July 2022 123459 10633 Pismo Beach Athletic Club Inc 08/26/2022 525.00 PBAC Dues Collected August 2022 Total 1,637,527.48

9.B-4Council Agenda 10-4-2022
Attachment 2
Packet Page 15

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 10002 Internal Revenue Service 09/02/2022 103,049.64$ Federal Income Tax PD 09/02/22 ACH 11305 Public Employees Retirement System 09/02/2022 66,200.37 PERS Retirement EE & ER PD 09/02/22 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 09/02/2022 22,811.92 ICMA 457 Deferred Comp PD 09/02/22 ACH 12305 Franchise Tax Board 09/02/2022 19,178.91 SDI & State Income Tax PD 09/2/22 ACH 12360 CalPERS 457 Plan 09/02/2022 291.67 PERS 457 Deferred Comp PD 09/02/22 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA 09/02/2022 360.00 ICMA Roth IRA PD 09/02/22 ACH 12944 Leaf 09/02/2022 193.43 Monthly Copier Lease Aug 2022 - PD 123460 10434 Abalone Coast Analytical Inc 09/02/2022 448.00 Water Analysis 123461 13460 AT&T Mobility 287284035974 09/02/2022 1,133.56 Phone Services July 2022 123462 14119 Boone Printing & Graphics, Inc. 09/02/2022 172.62 Business Card Printing 123463 14414 California State Disbursement Unit 09/02/2022 461.53 Garnishment Flat DCSS PD 09/02/22 123464 10281 City of Arroyo Grande 09/02/2022 5,416.40 Fall 2022 Activity Guide Printing and Postage 123465 11694 City of Grover Beach 09/02/2022 198.74 Active Shooter Training Lunches 123466 11757 City of Pismo Beach 09/02/2022 970.00 Chamber of Commerce Rec Scholarships 123467 11231 Coastal Peaks Coffee 09/02/2022 175.50 Coffee Supplies 123468 14202 Crisp Imaging 09/02/2022 121.63 Large Paper Rolls 123469 13386 Cuesta Polygraph & Investigations, LLC. 09/02/2022 3,550.00 Background Checks & Psych Evaluations 123470 13086 Dependable Fire Protection 09/02/2022 1,352.96 Annual Fire Extinguisher Service 123471 14391 Jamie Dietze 09/02/2022 121.60 Instructor: Art Camps W/ Jamie 8/1-8/5/22 #11037 (Additional) 123472 13283 Epic Entertainment DJS, Lighting & Photo BoothsLLC 09/02/2022 500.00 Balance Due Clam Festival 123473 12035 Ben Fine 09/02/2022 569.20 M&IE: WateReuse Conf.9/10-9/13/22 123474 13575 Jorge Garcia 09/02/2022 468.25 M&IE/Mileage: League of Cal Cities Annual Conf. & Expo 123475 14419 Catherine Lemoine 09/02/2022 576.00 Instructor: Acrylic Painting Class - 8/25/22 #11038 & #10996 123476 12019 James Lewis 09/02/2022 222.00 M&IE: League of Cal Cities Annual Conf. & Expo 123477 10175 Life-Assist, Inc. 09/02/2022 187.27 Medical Supplies - Fire 123478 14416 Linde Gas & Equipment Inc 09/02/2022 1,031.20 Annual Cylinder Rental to 8/8/23 123479 13361 Marborg Industries Santa Barbara 09/02/2022 311.81 Lifeguard Porta Potties - 7/25/22 - 8/21/22 123480 10097 Miners Hardware 09/02/2022 692.70 Maintenance Supplies 123481 11172 Mullahey Ford 09/02/2022 782.53 Vehicle Maintenance & Repairs 123482 14343 ODP Business Solutions, LLC 09/02/2022 360.71 Office Supplies 123483 10638 Matt Osborne 09/02/2022 496.50 Cash for Grass - 176 Valley View 123484 13279 Pacific Central Coast Health Centers 09/02/2022 420.12 Pre Employment Physical 123485 12022 Pismo Beach Police Officer's Association 09/02/2022 1,477.27 POA Dues PD 09/02/22 123486 12335 Procare Janitorial Supply Inc 09/02/2022 100.20 Janitorial Supplies 123487 13327 Steve Reinwald 09/02/2022 633.63 M&IE: CALBO Training Week 9/18/22 - 9/22/22 San Ramon 123488 11266 San Luis Auto Parts Inc 09/02/2022 307.31 Vehicle Maintenance & Repairs 123489 12126 San Luis Distance Club 09/02/2022 818.40 Stride with the Tide Fees 123490 11208 SEIU Local 620 AFL/CIO 09/02/2022 920.26 SEIU Dues PD 09/02/22 123491 14198 Ian Tyler Smith 09/02/2022 296.00 M&IE: Active Shooter Training- 8/16/22 - 8/20/22 123492 14099 Jeffrey Smith 09/02/2022 177.00 M&IE: CPCA BOD Mtg. 9/14-9/16/22 123493 11539 Eva Snopek Keehn 09/02/2022 427.20 Instructor: Dog Obedience 8/17/22 - 9/28/22 #11035 123494 14299 Natalia Stilleson 09/02/2022 18.00 Translation Services - Rec 123495 12982 Ultrex Business Products 09/02/2022 15.00 Shipping Charges - Toner for Main Copy Room Copier 123496 12622 USA Bluebook Acct: 82507 09/02/2022 101.29 Lab Supplies 123497 10692 Ed Waage 09/02/2022 246.25 Mileage: League of Cal Cities Conf 9/6-9/9/22 123498 13548 Jodi Weimer 09/02/2022 217.00 M&IE: WLLE Conf- 9/11-9/14/22 123499 12132 White Flag Pest Control Inc 09/02/2022 555.00 Pest Control Services Total 239,136.58
City of Pismo Beach
Final Disbursement List Check Date 09/02/2022

9.B-5Council Agenda 10-4-2022
Attachment 2
Packet Page 16

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
123500 13095 5Cities Homeless Coalition 09/09/2022 25,000.00$ FY 22/23 Funding to Support 5Cities Homeless Coalition 123501 10434 Abalone Coast Analytical Inc 09/09/2022 112.00 Water Analysis 123502 10832 American Red Cross 09/09/2022 3,500.00 FY 22/23 Funding to support American Red Cross 123503 11382 Applied Technology Group, Inc. 09/09/2022 34,150.90 Labor - City Simulcast System 7/27/22 through 8/12/22 123504 12412 Assistance League Of Slo County 09/09/2022 3,200.00 FY 22/23 Funding to support Assistance League of SLO County 123505 12370 Association of Amputee Surfers 09/09/2022 4,000.00 FY 22/23 Funding to support AMPSURF 123506 10288 Basin Street Regulars 09/09/2022 10,000.00 FY 22/23 Funding to Support Jubilee by the Sea 123507 13591 Ryan Bullock 09/09/2022 60.00 Reimb: Grade T2 Certification Renewal - Exp 8/2025 123508 13951 Central Coast Portables 09/09/2022 791.17 Tennis Court/Chapman/Price House Portable Toilets 123509 11451 Channel Islands Technology Integrators' Group 09/09/2022 6,213.85 Monthly IT Subscriptions 123510 14417 Cisco Systems Capital Corp 09/09/2022 3,475.15 Cisco Umbrella DNS Filtering Yr 1 of 3 123511 10067 Community Action Ptnr Of SLO 09/09/2022 14,500.00 FY 22/23 Funding to Support 40 Prado Homeless Services Center 123512 13257 Core & Main LLP 09/09/2022 737.11 July 2022 Water System Meters 123513 13100 CWEA 09/09/2022 220.00 Registration: CWEA Workshop 9/7/22- J. Gorham 123514 12307 Department Of Justice 09/09/2022 32.00 Fingerprint Services 123515 12365 ECO-SLO 09/09/2022 5,000.00 FY 22/23 Funding to Support ECO-SLO County Coastal Cleanup 123516 14325 Engeo Incorporated 09/09/2022 9,830.00 Chapman Shoreline Stabilization Report July 2022 123517 11868 FGL Environmental 09/09/2022 100.00 Organic Analysis 8/04/22 123518 12160 Five Cities Meals On Wheels Inc 09/09/2022 10,000.00 FY 22/23 Funding to Support Five Cities Meals on Wheels 123519 12048 Vanessa Garris 09/09/2022 258.08 M & IE: Springbrook Conference 9/14- 9/16/22 123520 14424 Lucas Gonzales 09/09/2022 364.00 Refund: Cleaning Deposit Chaman Event 8/16/22 123521 12019 James Lewis 09/09/2022 365.00 M&IE: 9/16-9/21/2022 ICMA Conference 123522 12279 McMaster Carr 09/09/2022 112.08 WWTP Supplies 123523 13716 Dawn Meisner 09/09/2022 155.00 M&IE: Springbrook Users Conf 9/14-9/16/22 Las Vegas- NV 123524 10097 Miners Hardware 09/09/2022 37.75 Maintenance Supplies 123525 14421 Rachel Nichols 09/09/2022 7.37 Refund Processing Fee: Class Cancelled #10989 123526 14343 ODP Business Solutions, LLC 09/09/2022 320.01 Office Supplies 123527 UB*00934 STEVE OHARA 09/09/2022 196.74 Refund Check 008789-000, 104 INDIO 123528 11551 Pismo Beach Chamber Of Commerce 09/09/2022 20,000.00 FY 22/23 Funding to Support Pismo Beach Chamber of Commerce 123529 12348 Rayne Water Conditioning 09/09/2022 109.90 Soft Water - Station 63 & 64 Sept 2022 123530 13201 Rincon Consultants, Inc. 09/09/2022 612.50 Prof Svcs GP/LCP from 04/01/22 - 07/31/22 123531 11266 San Luis Auto Parts Inc 09/09/2022 369.53 Fire Engine Exhaust Fluid 123532 11688 San Luis County Housing Trust Fund 09/09/2022 3,000.00 FY 22/23 Funding to Support SLO County Housing Trust Fund 123533 12157 San Luis Obispo International Film Festival, Inc 09/09/2022 5,000.00 FY 22/23 Funding to Support San Luis Int'l Film Festival 123534 11356 Service Corps Of Retired Executives Ch 597 09/09/2022 2,000.00 FY 22/23 Funding to Support SLO Score 123535 12680 Brandon Shea 09/09/2022 250.00 Reimbursement: Safety Boots 2022 123536 13743 Shower the People of SLO 09/09/2022 7,500.00 FY 22/23 Funding to Support Shower the People of SLO 123537 10443 SLO Noor Foundation 09/09/2022 15,000.00 FY 22/23 Funding to Support NOOR Foundation 123538 10054 SLO YMCA 09/09/2022 3,500.00 FY 22/23 Funding to Support SLO County YMCA 123539 14242 Surfing for Hope Foundation 09/09/2022 20,000.00 FY 22/23 Funding to Support Surfing for Hope SLO CAL Open 123540 13617 Trophy Hunters 09/09/2022 305.83 Plaque & Engraving - Adopt-A-Bench 123541 12151 United Way Of SLO 211 Hotline 09/09/2022 7,500.00 FY 22/23 Funding to Support SLO County 211 Hotline 123542 12622 USA Bluebook Acct: 82507 09/09/2022 697.10 Lab Supplies 123543 14115 Vanir Construction Mgmt, Inc. 09/09/2022 8,367.00 Safety Facility CM July 2022 123544 12527 Water Systems Consulting Inc 09/09/2022 310.42 Staff Extension - June 2022 123545 14420 Erin Wighton 09/09/2022 5.09 Refund Processing Fee: Class Cancelled #10988 123546 12614 Winema Industrial & Safety Supply 09/09/2022 72.15 Safety Supplies WWTP Total 227,337.73
City of Pismo Beach
Final Disbursement List Check Date 09/09/2022

9.B-6Council Agenda 10-4-2022
Attachment 2
Packet Page 17

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

MONTHLY INVESTMENT TRANSACTION REPORT OF THE CITY’S CASH AND INVESTMENTS FOR AUGUST 2022 OF FY 2022-2023
RECOMMENDATION:

No action required; information only.

BACKGROUND:

This report updates the City Council on the City of Pismo Beach’s monthly transactions of the City’s investment portfolio for the month ending August 31, 2022. California State Government Code Section 53607 states that if the authority of the legislative body to invest or reinvest funds for the City is delegated to the City Treasurer, the City Treasurer shall make a monthly report of those transactions to the legislative body.

The attached report includes all transactions of the City’s investments managed by the City, including funds invested in various securities and the City’s pooled funds invested in various financial instruments.
•Attachment 1 provides a summary of the City’s cash, investments, and monthly interest earnings based on book value as of August 31, 2022. •Attachment 2 provides details on the investment transactions for the General Fund Reserve and City Pooled Funds A (for deferred capital projects), including: purchases or deposits; sales, maturities, calls or withdrawals; and interest earnings. •Attachment 3 provides details of the monthly transactions by fund for City Pooled Funds B (for current year expenditures) for the month ending August 31, 2022.

FISCAL IMPACT:

No fiscal impact from the report itself—information only.

ALTERNATIVES:

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

ATTACHMENTS:

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

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

3.For City Pooled Funds B—Summary of monthly transactions by fund Prepared by: Vanessa Garris, Finance Manager Meeting Date: October 4, 2022 Submitted by: Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

9.C-1Council Agenda 10-4-2022
Packet Page 18

City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned August
2022
Actual Year-to-
Date Interest
Earned Ending
8/31/2022 * Data Sources
General Fund
Reserves
US Bank CDs/GASs/Corp/
Muni Bonds

1.92% avg 7,328,013$ 5,999$ 14,040$ 1 City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note

1.83% avg 28,053,269 38,699 53,203 1 Total All Securities 35,381,282$ 44,698$ 67,243$ City Pooled Funds - B US Bank Custody 0.00%-$ 7$ 79$ 1 City Pooled Funds - B Local Agency Invest.

Fund
State Investment
Pool

0.75%19,330,256 - - 2 City Pooled Funds - B US Bank Checki ng 0.00%18,901,617 71 141 3 City Pooled Funds - B 38,231,872$ 78$ 220$ City Pooled Funds total A + B 66,285,142$ 38,777$ 53,423$ Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 Pier Project 52$ -$ 0$ 4 Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 CREB's
Project
6 - - 4 CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit
Trust Account
Various managed
by CalPERS
4,313,918$ -$ -$ 5 TOTAL, Cash and Investments at August 31, 2022:77,927,130$ 44,776$ 67,463$ TOTAL for City Managed Portfolio, Cash and Investments:73,613,155$ 44,776$ 67,463$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund 3 = Monthly reconciled bank statement from US Bank
4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments

9.C-2Council Agenda 10-4-2022
Attachment 1
Packet Page 19

CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
August 31, 2022

INVESTMENT ACTIVITY

PURCHASES OR DEPOSITS
08/19/22 Purchase First Technology 245,000$
Total 245,000$

SALES, MATURITIES, CALLS OR WITHDRAWALS
08/23/22 Matured CIT Bank 245,000$
Total 245,000$
ACTIVITY TOTAL -$

INTEREST REVENUE

GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 5,999$

POOLED INVESTMENTS
Interest Earned on Investments 38,699$
TOTAL INTEREST EARNED 44,698$
Data Source: Monthly Download of Transactions from US Bank

9.C-3Council Agenda 10-4-2022
Attachment 2
Packet Page 20

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:8/31/2022 Bank Account Description Bank ID
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
General Checking US Bank 16,583,108$ 6,371,180$ (4,097,377)$ 289,705$ (245,000)$ 18,901,617$ LAIF LAIF 19,330,256 - - - - 19,330,256 Total all Bank Accounts 35,913,364$ 6,371,180$ (4,097,377)$ 289,705$ (245,000)$ 38,231,872$ Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
General Fund
General Fund 1001-10101 9,396,588 3,172,152 (1,485,323) - - 11,083,416 General Fund-Reserve 1001-10105 301,592 6,001 - - - 307,593 Half Cent Sales Tax Fund 1002 2,106,494 253,603 - - - 2,360,098 Special Revenue Funds
Gas Tax Fund 2001 190,841 33,954 - - - 224,795 LTF - Streets 2002 325,064 68,239 - - - 393,303 PEG Access Fund 2003 159,867 10,206 - - - 170,073 Police Grant Fund 2004 268,454 - - - - 268,454 Housing In Lieu Fund 2005 2,206,918 650 - - - 2,207,568 LBID Fund 2006 2,595,225 401,110 (255,583) - - 2,740,752 Chapman House 2007 15,986 1,124 (3,129) - - 13,981 Capital Projects Funds
Capital Projects Fund 3001 (40,758) 816,677 (1,271,238) - - (495,318) Public Facilities Fund 3002 869 - - - - 869 Park Development Fund 3003 307,573 13,400 (10,100) - - 310,873 Circulation Fund 3101 617,555 9,270 - - - 626,825 Development Impact Fee Fund 3102 382,949 70,684 - - - 453,633 Developer Impact Fee Fund 3103 165,375 - - - - 165,375 Underground Utility Fund 3201 16,349 - - - - 16,349

9.C-4Council Agenda 10-4-2022
Attachment 3
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Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:8/31/2022 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
Debt Service Funds
Public Finance Authority Fund 4001 - - - - - - Public Finance Authority Fund 4002 - - - - - - Freeway Foothills AD Fund 4101 756 - - - - 756 Spyglass AD Fund 4102 12,593 - - - - 12,593 Indio-El Portal AD Fund 4112 731 - - - - 731 Visalia Street AD Fund 4113 100,006 - - - - 100,006 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 2,077,339 488,723 (228,902) - - 2,337,160 Water Tax - Gragg Fund 6102-10102 100 - - - - 100 Water Construction Fund 6103 655,925 0 (9,796) - - 646,130 Water Expansion Fund 6104 1,206,966 21,494 - - - 1,228,460 Wastewater Enterprise Fund 6201 3,750,532 408,907 (366,188) - - 3,793,251 Wastewater Construction Fund 6202 1,234,272 - (6,208) - - 1,228,064 Wastewater Expansion Fund 6203 1,976,777 43,002 - - - 2,019,779 LTF - Transit Fund 6301 28,767 (75) - - - 28,692 Pier Operations Fund 6401 24,120 8,034 (6,870) - - 25,284 Parking Fund 6501 2,921,806 77,363 (37,580) - - 2,961,589 Internal Service Funds
Technology Service Fund 7101 124,934 80,751 (111,087) - - 94,597 Motor Vehicle Fund 7201 1,975,824 92,157 (63,831) - - 2,004,150 Trust & Agency Funds
SLO County TMD 8201 239,136 306,075 (243,667) - - 301,545 Control Funds
Payroll Control Fund 9301 306,111 (19,526) 63,270 - - 349,855 Interest Control Fund 9302 36,446 71 - - - 36,517 Utility Billing Control Fund 9304 222,733 (8,758) - - - 213,975 M/R Control Fund 9305 - - - - - - Total all cash funds 35,912,814 6,355,288 (4,036,230) - - 38,231,872

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Attachment 3
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INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 0 - - - - 0 General Fund - CD's 1001-10404 4,347,000 - - - - 4,347,000 General Fund - Fed Agency 1001-10405 4,049,000 - - - - 4,049,000 GF - Half Cent Sales Tax CD's 1002-10404 1,225,000 (245,000) - - - 980,000 GF - Half Cent Sales Tax 1002-10405 500,000 - - - - 500,000 GF - Half Cent Sales Tax Mny M 1002-10108 0 - - - - 0 GF Reserve Money Mkt Cash 1001-10109 0 - - - - 0 GF Reserve - CD's 1001-10403 2,607,000 - - - - 2,607,000 GF Reserve - Fed Agency 1001-10402 2,208,000 - - - - 2,208,000 GF Reserve - Building 1001-10406 202,000 - - - - 202,000 GF Reserve - Building - Federal A1001-10146 298,000 - - - - 298,000 GF Reserve - Risk Mgmt - CD's 1001-10407 150,000 - - - - 150,000 GF Reserve - Risk Mgmt - Fed A 1001-10140 50,000 - - - - 50,000 GF Corp Bond - Pooled 1001-10141 529,143 - - - - 529,143 GF Corp Bond - Reserve 1001-10145 500,000 - - - - 500,000 GF Municipal Bonds Pooled 1001-10142 435,101 - - - - 435,101 GF Municipal Bonds Reserve 1001-10143 1,263,013 - - - - 1,263,013 Risk Mgmt Muni Bonds Reserve 1001-10144 50,000 - - - - 50,000 Half Cent Sales Tax - Pooled 1002-10141 - - - - - - Half Cent Sales Tax - Muni Bond 1002-10142 571,288 - - - - 571,288 GF CREB's Fiscal Agent 1001-10515 (0) - - - - (0) GF Treasury Note 1001-10410 5,045,375 - - - - 5,045,375 Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 (0) - - - - (0) Housing In Lieu Fund 2005-10404 875,000 - - - - 875,000 Housing In-Lieu Fed Agencies 2005-10405 140,000 - - - - 140,000 Capital Projects Funds
Park Develop. Fund Mny Mkt 3003-10108 - - - - - - Park Development Fund 3003-10404 - - - - - - Park Develop Federal Agencies 3003-10405 - - - - - - Circulation Fees Mny Mkt 3101-10108 - - - - - - Circulation Fees 3101-10404 - - - - - - Develop. Impact Fee Mny Mkt 3102-10108 0 - - - - 0 Development Impact Fee Fund 3102-10404 245,000 - - - - 245,000 Impact Fees Federal Agencies 3102-10405 - - - - - -

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INVESTMENTS
Debt Service Funds
Public Fin Fiscal Agent-Pier 4002-10510 52 - - - - 52 Public Fin Fiscal Agent-CREBs 4002-10515 6 - - - - 6 Enterprise Funds
Water Fund Money Mrkt Csh 6101-10108 0 - - - - 0 Water Fund CD's 6101-10404 490,000 - - - - 490,000 Wtr Fund Federal Agencies 6101-10405 2,155,000 - - - - 2,155,000 Wtr Fund Corp Bond - Pooled 6101-10141 - - - - - - Water Construction Money Mkt 6103-10108 (0) - - - - (0) Water Construction 6103-10404 504,363 - - - - 504,363 Wastewater Fund Money Market 6201-10108 0 - - - - 0 Wastewater Fund CD's 6201-10404 490,000 - - - - 490,000 Wastewater Fund Fed Agencies 6201-10405 2,100,000 - - - - 2,100,000 WWtr Fund Corp Bond - Pooled 6201-10141 1,062,000 - - - - 1,062,000 Parking Enterprise Money Mrkt 6501-10108 (0) - - - - (0) Parking Fund Corp Bond-Pooled 6501-10141 500,000 - - - - 500,000 Parking Enterprise 6501-10404 490,000 245,000 - - - 735,000 Parking Fund Federal Agencies 6501-10405 1,000,000 - - - - 1,000,000 Parking Fund Treasury Note 6501-10410 1,000,000 - - - - 1,000,000 Internal Service Funds
MVR Fund Money Mrkt Csh 7201-10108 0 - - - - 0 MVR Fund CD's 7201-10404 50,000 - - - - 50,000 MVR Fund Federal Agencies 7201-10405 250,000 - - - - 250,000 CalPers Benefit Trust
OPEB Trust Account 8101-10408 4,313,918 - - - - 4,313,918 Total all Investments 39,695,258$ -$ -$ -$ -$ 39,695,258$ Total all Funds 75,608,072$ 6,355,288$ (4,036,230)$ -$ -$ 77,927,130$

9.C-7Council Agenda 10-4-2022
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.D

SUBJECT/TITLE:

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

PROCLAMATIONS

RECOMMENDATION:

No action required; information only.

BACKGROUND:

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

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

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

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

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

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

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

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

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

The City provided messaging to the community encouraging the public to pursue vaccination, and has ensured that City Council Members and staff members are enrolled in vaccination opportunities as appropriate. On April 27, 2021, it was announced that San Luis Obispo County would be moved to what was then known as the state’s “orange” tier of state-mandated health and safety restrictions, effective April 28, 2021, enabling the transition to certain activities, such as limited indoor gatherings of individuals, with certain restrictions. As such, staff implemented a hybrid model for City Council and Planning Council Agenda 10-4-2022 9.D-2
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Commission meetings, where a majority of legislative body members and some staff are present in person, and some legislative body members, some staff, and all members of the public are present virtually.

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

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

The California Governor ended the state’s indoor mask mandate for vaccinated people on February 15, 2022, and at that point, vaccinated employees and officials were no longer required to wear face coverings inside City work facilities. A hybrid in-person/virtual legislative meeting model was implemented for meetings of the City Council and advisory bodies, with legislative body members, staff, and the public participating both in the Council Chamber and virtually.

Due to a relatively high number of COVID-19 cases at City Hall in late May and early June 2022, a number of staff resumed work-from-home practices on a temporary basis, and in addition to following standard CalOSHA guidance, enhanced guidance for masking upon returning to the office was implemented. Legislative meetings in the first half of June were held entirely virtually, and have since returned to fully in-person, with a virtual access option. Staff will continue to monitor state and county regulatory changes and formulate appropriate adaptations to City operations.

January 17, 2017 Proclamation: Winter Storms

Summary of Current Events
The storm drain failure at Cliff Avenue and Ocean Boulevard required a Phase II Environmental Study per Caltrans Local Assistance (LA) and the City’s environmental subconsultant. The Phase II Environmental Study fieldwork is complete and National Environmental Policy Act (NEPA) clearance has been provided. Staff submitted a time extension request to Caltrans LA in mid-August 2022, and is waiting on approval of that request. Staff has also submitted a request for authorization for the Right of Way (RW) phase of this project and is awaiting Caltrans review and approval before moving forward.

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Contracts were awarded by Council on December 21, 2021 to Granite Construction, Inc. (Granite) and Cannon Associates (Cannon) for construction and construction management services for the Ocean Boulevard Improvement Project, respectively. A pre- construction meeting for the project was held the week of February 7, 2022 and construction is ongoing. The project is anticipated to be complete in early Summer 2023.

Staff executed a contract with Eikhof Design Group, Inc., which has prepared 100% engineering plans for inhouse review and comments. The consultant is also preparing a bid document package and technical specifications. Staff anticipates requesting Council approval for authorization to advertise for construction bids in late October 2022.

Summary of Past Events
The Pismo Beach City Council declared a state of emergency on January 12, 2017, via Resolution R-2017-0122, in response to the January 2017 winter storms. Shortly after the Council’s declaration, the County of San Luis Obispo declared an emergency which was followed by a declaration by Governor Jerry Brown for the region. On February 14, 2020 and March 16, 2020 President Donald Trump declared a major disaster for the early and late January storms, making federal disaster aid available. The storms, which began the first week of January, took a toll on the community, culminating with a Caltrans storm drain failure on Highway 101, which caused flooding of two hotels on Price Street, blockage of the City’s Franklin storm drain outfall and debris scattered along Highway 101, Price Street and sidewalk, on Franklin Drive and various private parcels on January 20, 2017. Damage from the storms includes but is not limited to the following:
 Bluff failure on Ocean Boulevard (Caltrans purview)
 Bluff failure at Memory Park (FEMA purview)
 Franklin Avenue storm drain failure (FEMA purview)
 City Hall storm damage (FEMA purview)
 Bluff failure at Ebb Tide Park (FEMA purview)
 Bluff failure at Cypress Street at Harloe Avenue (FEMA purview)  Storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort (FEMA purview)
 Storm drain failure on Cliff Avenue at Ocean Boulevard (adjacent to Dinosaur Caves Park) (Caltrans Purview)
 Storm drain failure at the end of Harbor View Avenue (FEMA purview)  Slope/road failure on Price Canyon Road (Caltrans purview)

Staff took immediate cleanup and protective measures of the sites where possible and has been working with FEMA through the California Governor's Office of Emergency Services (CalOES) and FHWA through Caltrans for reimbursement for work and funds required to cleanup and secure the various sites. Staff attended a Recovery Scoping Meeting with FEMA on May 16, 2017 and a Damage Assessment Site Inspection Meeting with Caltrans on May 18, 2017. The application and approval process for cost recovery and permanent restoration at each site under FEMA purview is complete and checks have

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been issued based on FEMA scoping and estimated construction costs with a reimbursement of 93.75% FEMA/State and a 6.25% City match. Completed work for sites under FEMA purview includes removal of the fallen tree on the beach below Ebb Tide Park. It was anticipated that the actual cost of repairs at each site will exceed the amount approved and checks issued by FEMA. The City also filed insurance claims for each of these sites to potentially assist in completion of the repairs. After FEMA review, the following sites are deemed ineligible for federal aid as observed erosion and bluff failure was defined by FEMA representatives as naturally occurring over time:

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

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

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

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

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

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

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

Costs for these services are reimbursed at 88.53% by FHWA/Caltrans with an 11.47% City match. The environmental/design phase for both the Ocean Boulevard Improvement Project and the Price Canyon Road Slope Repair Project began by TerraCosta Consulting Group and Yeh and Associates, Inc., respectively in early 2019. Environmental, cultural resource and temporary access impacted the design schedule and City staff pursued one- Council Agenda 10-4-2022 9.D-5
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year time extensions from Caltrans for each project which we were subsequently granted.

Construction for the Price Canyon Road Slope Repair project is complete along with the 3-month plant establishment period. A Notice of Completion was approved by the City Council on May 17, 2022.

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

Staff is also pursuing a grant from the California Governor’s Office of Emergency Services (CalOES), through the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) as well as the Building Resilient Infrastructure and Communities (BRIC) program for stabilization of a portion of the bluff near the City’s lift station at the end of Harloe Street. The City submitted a full HMGP subapplication to CalOES on April 8, 2022. CalOES is expected to select projects for further review by FEMA in late summer/early fall 2022. The City also submitted a Notice of Interest (NOI) to CaloOES for the BRIC program on September 16, 2022. Staff expects to receive notification within 30 days on the BRIC NOI, and will submit a full subapplication if the NOI is approved.

FISCAL IMPACT:

There is no direct fiscal impact from this report.

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

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

ALTERNATIVES:

None, for information only.

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ATTACHMENTS:

None.

Prepared by: Meeting Date: August 16, 2022
Chad Stoehr, P.E., Engineer
Erica Inderlied, City Clerk
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E

SUBJECT/TITLE:

AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR JOINT

PARTICIPATION IN THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA)

FUNDING PROGRAM

RECOMMENDATION:

BACKGROUND:

Affordable housing and addressing homelessness remain important efforts for the City, the County, and the State. In May 2021, the State issued a Notice of Funding Availability (NOFA) for the Permanent Local Housing Allocation (PLHA) program, which provides funding to local governments in California for housing-related projects and programs that assist in addressing unmet housing needs of communities. This funding helps cities and counties:
 Increase the supply of housing for households at or below 60% of area median income;
 Increase assistance to affordable owner-occupied workforce housing;  Assist persons experiencing or at risk of homelessness; and  Facilitate housing affordability, particularly for lower- and moderate-income households.

The formula used to grant entitlements to jurisdictions is based on the formula prescribed for the Community Development Block Grant (CDBG) program. The City has consistently participated in the San Luis Obispo Urban County (the “Urban County”) for CDBG funds for a number of years. When the Notice of Funding Availability was issued for PLHA funds, it included an allocation for Pismo Beach separate from the Urban County. For all the PLHA funding years, the City’s total allocation is approximately $600,000. This was originally thought to be in error, as the City has not allowed its participation in the Urban County to lapse. However, conversations with the California Department of Housing and Community Development (HCD) determined that the allocation was accurate. To utilize PLHA funds, eligible entities must make an application for the funding by the deadline of October 31, 2022.

Staff has been in discussion with the County regarding the situation and upcoming application deadline, as the County is the administrator of the Urban County and all funding provided by the CDBG program. The County has offered to apply for PLHA funds on the City’s behalf in a joint venture. Dispersal of the PLHA funds would be administered by the County and would be allocated in accordance with the Urban County Consolidated Plan (the “Consolidated Plan”). The Consolidated Plan outlines allocations as follows:

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Affordable Ownership Housing – 10% of funds
Housing Trust Fund – 50% of funds
Homeless-Serving and Prevention – 35% of funds
Administration – 5% of funds.

The County has indicated priority for the City’s allocation would be given to projects in South County, including Pismo Beach where the opportunity is available. This joint venture is advantageous for several reasons, including that it ensures PLHA funding allocated to the region does not go unutilized, that the County is better equipped with personnel to administer the requirements of PLHA funding including environmental review under the National Environmental Policy Act, and, importantly, the County maintains the Consolidated Plan. Should the City apply for PLHA funds independently, a separate consolidated plan would be required to be developed and approved prior to application submission.

Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into an agreement with the County of San Luis Obispo for joint participation in the Permanent Local Housing Allocation funding program for Fiscal Years 2020 through 2025.

FISCAL IMPACT:

There is no direct fiscal impact to the City. The County will administer the PLHA funding and retain 5% of the awarded funds for cost recovery.

ALTERNATIVES:

1. Do not adopt the Resolution; direct staff to apply for PLHA funding directly;

2. Provide alternative direction.

ATTACHMENTS:

1. Resolution
1A. Exhibit A to Resolution: Agreement with County
Submitted by: Meeting Date: October 4, 2022
Matthew Downing, Community Development Director
City Manager Approval:

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RESOLUTION NO. R-2022-XXX

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

CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN

AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR JOINT

PARTICIPATION IN THE PERMANENT LOCAL HOUSING ALLOCATION FUNDING PROGRAM FOR FISCAL YEARS 2020 THROUGH 2025
WHEREAS, the State of California Department of Housing and Community Development ("State") is authorized to provide up to $304 million to Cities and Counties for assistance under the SB 2 Permanent Local Housing Allocation Program ("PLHA Program") Formula Component from the Building Homes and Jobs Trust Fund (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB2)); and WHEREAS, the State issued Permanent Local Housing Allocation Final Guidelines ("PLHA Program Guidelines") in October 2019; and
WHEREAS, the State issued a Notice of Funding Availability ("NOFA") dated May 3, 2021, under the Permanent Local Housing Allocation ("PLHA") Formula Component; and WHEREAS, each of the Parties is eligible to submit an application for and administer Permanent Local Housing Allocation Formula component funds; and WHEREAS, Section 300(c) of the PLHA Program Guidelines allows a local government to delegate another local government to submit an application and administer on its behalf its formula allocation of Program funds, provided that the local governments enter into a legally binding agreement and the funds are expended for eligible activities consistent with Program requirements; and
WHEREAS, the City Council desires to participate jointly with the County in said Program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves and authorizes the City Manager to enter into an agreement with the County of San Luis Obispo for joint participation in the Permanent Local Housing Allocation Funding Program for Fiscal Years 2020 through 2025 in the form attached hereto as Exhibit A.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
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AN AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE

CITY OF PISMO BEACH, FOR JOINT PARTICIPATION IN THE

PERMANENT LOCAL HOUSING ALLOCATION FUNDING PROGRAM FOR
FISCAL YEARS 2020-2025, AND TO DELEGATE THE COUNTY OF SAN LUIS

OBISPO AS THE ADMINISTERING LOCAL GOVERNMENT FOR THE

PROGRAM

THIS AGREEMENT is made and entered into this ___ day of ___, 202_, by and between the County of San Luis Obispo, a political subdivision of the State of California, hereinafter called "County"; and the City of Pismo Beach, a municipal corporation of the State of California, located in the County of San Luis Obispo, hereinafter referred to as "City", jointly referred to as "Parties".

WITNESSETH
WHEREAS, the State of California Department of Housing and Community Development ("State") is authorized to provide up to $ 304 million to Cities and Counties for assistance under the SB 2 Permanent Local Housing Allocation Program ("PLHA Program") Formula Component from the Building Homes and Jobs Trust Fund (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB2));
WHEREAS, the State issued Permanent Local Housing Allocation Final Guidelines ("PLHA Program Guidelines") in October 2019;
WHEREAS, the State issued a Notice of Funding Availability ("NOFA") dated May 3, 2021, under the Permanent Local Housing Allocation ("PLHA") Formula Component; WHEREAS, each of the Parties is eligible to submit an application for and administer Permanent Local Housing Allocation Formula component funds; WHEREAS, Section 300(c) of the PLHA Program Guidelines allows a local government to delegate another local government to submit an application and administer on its behalf its formula allocation of Program funds, provided that the local governments enter into a legally binding agreement and the funds are expended for eligible activities consistent with Program requirements;
WHEREAS, City of Pismo Beach desires to participate jointly with the County in said Program;
WHEREAS, the County desires to participate jointly with the City of Pismo Beach in said Program, and whereas the County agrees to administer the receipt of formula allocation Program funds on behalf of both Parties and act as the Applicant to the State for the funding;
NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the Parties agree as follows:

Council Agenda 10-4-2022 9.E-5
Attachment 1A
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SECTION I. GENERAL
A. Responsible Officers. The Director of Planning and Building or Director of Social Services of the County of San Luis Obispo (hereinafter referred to as ("Director”) is hereby authorized to act as applicant for the PLHA Program and to administer funding and activities under the Program. The City Manager of the City of Pismo Beach is hereby authorized to act as the responsible officer for the City under the Program.

B. Full Cooperation. Parties agree to fully cooperate and to assist each other in undertaking eligible programs or projects as defined in Section 301 of PLHA Program Guidelines, including but not limited to the development of affordable rental housing.

C. Threshold Requirements for Participation. Parties understand and agree to comply with State's threshold requirements for participation in the formula allocation program as follows:
a. Housing Element compliance: The County as Applicant and the delegating City must have a Housing Element that has been adopted by the local government's governing body and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code (“GC”) Section 65585. b. Housing Element Annual Progress Report (APR) compliance:

The County as Applicant and the delegating City must submit to the State the APR required by GC Section 65400 for the current or prior year.

D. Term of Agreement-Automatic Renewal Provision. The term of this Agreement shall be for a period encompassing five (5) years of formula allocations (2019-2023), made available in NOFAs issued by the State beginning in February 2020 and extending through 2024, and shall include the years stipulated in the State standard agreement. In addition, this Agreement provides for automatic renewal of participation in successive five-year periods, unless either of the Parties provides written notice of at least 60 days prior to the end of the term that it elects not to participate in a new five-year period. Not later than ninety days before the end of the first five-year term, the County will notify the City of Pismo Beach in writing of its right not to participate in the joint Program for a successive five-year term.

This Agreement remains in effect until the PLHA Program funds received with respect to the five-year planning period are fully committed, expended, and all required reports have been submitted and the required reporting period has ended.

E. Scope of Agreement. This agreement covers the PLHA formula program funding administered by the State where each of the Parties is awarded and accepts funding from the State.

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Attachment 1A
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SECTION II. PREPARATION AND SUBMITTAL OF PLHA FUNDING

APPLICATION AND PLAN

A. PLHA Application and Plan. Pursuant to the requirements listed in Section 302(c) of the PLHA Program Guidelines, the County shall prepare its own application requesting the formula funds, and a Plan which details how the allocated funds will be used for eligible activities, how investments will be prioritized to increase the supply of housing for households with incomes at or below 60% of Area Median Income, and how the Plan is consistent with the programs set forth in its Housing Element. The County will also provide evidence that the Plan was authorized and adopted by resolution by the Board of Supervisors of the County of San Luis Obispo and that the public had an adequate opportunity to review and comment on its content. The County will also prepare an application on behalf of the City of Pismo Beach requesting the formula funds, and a Plan which details how the allocated funds will be used for eligible activities, how investments will be prioritized to increase the supply of housing for households with incomes at or below 60% of Area Median Income, and how the Plan is consistent with the programs set forth in the City of Pismo Beach’s Housing Element.

B. Application Submittal. The County agrees to commit sufficient resources to completing and submitting the PLHA Applications and Plans to State in time for the Parties to be eligible to receiving funding beginning in 2023, dependent upon State's execution of a Standard Agreement with County.

SECTION Ill. PROGRAM ADMINISTRATION
A. Responsibilities of Parties. The Parties agree, in the delegation of the County as the administering local government for the PLHA Program, that the County shall be responsible for execution of the Standard Agreements with State and the proper performance of the PLHA Plans. County agrees to perform necessary administrative tasks such as, but not limited to, environmental clearance under CEQA or NEPA, establishment of loan underwriting policies and terms, execution and management of any loans made using PLHA funds, monitoring of programs and projects as needed to fulfill PLHA requirements, and submittal of annual reports to State on PLHA- funded activities. The City of Pismo Beach agrees to fully cooperate with the County in all things required and appropriate to comply with the provisions of the Standard Agreement with State. During the first year of the five-year Plan term, the Parties agree to meet on a quarterly basis to discuss the plans for the use of PLHA funds and progress being made. Beginning in the second year of the five- year Plan term, through the end of the fifth year, Parties will agree to a meeting schedule which will provide adequate opportunity for communication and decision-making.

B. Program Administration Funding. In consideration of the County's Council Agenda 10-4-2022 9.E-7
Attachment 1A
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agreement to be the administering local government for the PLHA Program and its assumption of the responsibilities inherent in this role, the Parties agree that the allowable Program Administration for the funding, which is equal to a maximum of 5% of each year's allocation for each local government jurisdiction, shall be retained exclusively by the County of San Luis Obispo for these administrative purposes.

C. Maintenance of Records. The County shall maintain records of activities for any projects undertaken pursuant to the PLHA Program, and said records shall be available for inspection by staff and/or auditors representing the City of Pismo Beach, on reasonable notice during the normal business hours of County.

SECTION IV. USE OF PLHA FUNDS
A. Joint Participation in Funding of Projects. The Parties agree it is in the best interest of the public that the allocations made available to each local government jurisdiction be combined into a pool of funds to be used throughout either jurisdiction, pursuant to the criteria described in Section IV.

D. of this Agreement. The Parties agree this method will allow for more timely development of the housing units assisted by the funding, and therefore address the current shortage of affordable housing throughout both jurisdictions, which is of vital importance and a high priority to all Parties.

B. Use of Funding During the First Five-Year Term. The Parties agree that funding received during the first five-year term will adhere to the percentages in the County’s already approved 5-year plan.

C. Project Assistance Criteria. As the Parties have agreed to combine their allocations into a pool of funds to be used throughout the County, the following criteria shall be considered by the County as funding decisions are made for the use of the PLHA funds.
a. Meeting PLHA Commitment Requirements: Pursuant to Section 300(e) of the PLHA Program Guidelines, the County shall consider how individual project readiness and project funding needs will impact the County's ability to remain in compliance with the commitment requirements of PLHA.
b. Project Readiness: Projects will be prioritized for funding within the following tiers of readiness:
i. High Readiness: Project Sponsor has site control, has been awarded any needed planning entitlements, has
completed environmental review/clearance, and has
developed a neighborhood outreach strategy.
ii. Medium Readiness: Project Sponsor has site control, planning entitlements and environmental clearance are under Council Agenda 10-4-2022 9.E-8
Attachment 1A
Packet Page 39

way, and is actively working on a neighborhood outreach strategy.
iii. Low Readiness: Project Sponsor is in negotiations for site control and has inquired of each jurisdiction what will be needed for planning entitlements and environmental review, as well as neighborhood outreach.
c. Project Funding Needs: In addition to consideration of Project Readiness, projects with a demonstrated need for the PLHA funding to ensure or enhance project viability will be prioritized. d. Targeting to the Lowest Income Households: PLHA funds can be used for households at a variety of income levels, but are especially intended to be used to meet the housing needs of households at or below 60% of Area Median Income. Projects which have units targeted for affordability for these households will be prioritized for funding.

D. Minimum Project Assistance by Jurisdiction. Notwithstanding the criteria described above, the Parties agree to make every reasonable effort to ensure that during the five-year term of the agreement, a minimum of one project is funded in the City.

Council Agenda 10-4-2022 9.E-9
Attachment 1A
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E. Funding Assistance in the Form of Loans. The Parties agree that any funding provided to a housing developer for a project will be provided in the form of a low-interest deferred loan, with the loan amount and loan terms (including conditions for the payment of accrued interest and principal from residual receipts), delineated at the time the loan commitment is approved by the County Board of Supervisors. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust in favor of the County of San Luis Obispo. A recorded Regulatory Agreement shall restrict occupancy and rents for a term of at least 55 years.

F. Use of Program Income. The Parties agree that program income generated as a result of the receipt of PLHA funds will be retained by the County and utilized to fund future PLHA-eligible activities. Program income will include payments from residual receipts, accrued interest, and any monitoring fees the County chooses to charge.

NOW THEREFORE, the Parties hereto have caused this Agreement to be executed and attested by their proper officer thereunder duly authorized and their official seals to be hereunto affixed, all as of the day first above written.

Council Agenda 10-4-2022 9.E-10
Attachment 1A
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County Counsel Certification

The Office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under State and local laws, and that this Agreement provides full legal authority for the County to undertake all responsibilities as the delegated local government to administer the PLHA funding.

COUNTY OF San Luis Obispo: APPROVED AS TO FORM:

By:_______________ By:______________
Trevor Keith, Director of Planning and Building
County Counsel, County of San
Luis Obispo

CITY OF Pismo Beach: APPROVED AS TO FORM:

By:_______________ By:______________
James R. Lewis, City Manager David M. Fleishman
City Attorney, City of Pismo Beach

Council Agenda 10-4-2022 9.E-11
Attachment 1A
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.F

SUBJECT/TITLE:

PURCHASE OF TWO REPLACEMENT POLICE DEPARTMENT MOTORCYCLES

RECOMMENDATION:

Adopt a Resolution authorizing the purchase of two replacement Police Department motorcycles in the amount of $65,437.42 in Fiscal Year 2023.

BACKGROUND:

The Fiscal Year (FY) 2023 Motor Vehicle Replacement Fund budget includes $77,000 for two BMW R 1250 RT-P motorcycles, enforcement-type, replacements for Police Department motorcycles PDHM1 and PDHM2.

These enforcement-type motorcycles are essential equipment needed for the Police Department to patrol the city. With the purchase of these enforcement-type motorcycles, safety and efficiency will increase as new motorcycles are more reliable, limiting down time from breakdowns, as well as maintenance and repair costs. The enforcement-type motorcycles must be ordered now as there is a significant delay in the manufacturing of vehicles due to COVID-19-related supply chain disruptions, with a current wait time of four months.

Staff was able to find enforcement type motorcycles under the State of California’s Department of General Services contract 1-19-23-30 (Attachment 2) with Long Beach BMW Motorcycles.The City’s Purchasing Policy authorizes “piggyback” purchases such as this one upon recommendation of the City Manager. The Long Beach BMW Motorcycles quote is provided as Attachment 1.A.

Conclusion and Recommendation
Staff recommends Council adopt a Resolution (Attachment 1) authorizing the purchase of two replacement Police Department motorcycles, enforcement-type, in the amount of $65,437.42.

FISCAL IMPACT:

The FY 2023 Motor Vehicle Replacement Fund budget includes $77,000 to replace Police motorcycles PDHM1 and PDHM2:

FY 2023 Budget $77,000.00

Two 2023 BMW R 1250 RT-P $60,668.50
Sales Tax $4,701.82
Tire Fee $7.00
CVR Fee $60.00
Total $65,437.42

Council Agenda 10-4-2022 9.F-1
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Remaining Budget $11,562.58
The remaining funds will be used to outfit the bikes with the necessary equipment, electronics, decals, etc.

ALTERNATIVES:

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

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Long Beach BMW Motorcycles Quote

2. City of Sacramento Contract
Prepared by: Meeting Date: October 4, 2022
Leah Moss, Administrative Secretary
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

Council Agenda 10-4-2022 9.F-2
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RESOLUTION NO. R-2022-XXX

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

CALIFORNIA AUTHORIZING THE PURCHASE OF TWO REPLACEMENT POLICE DEPARTMENT MOTORCYCLES IN THE AMOUNT OF $65,437.42 IN FISCAL YEAR 2023
WHEREAS, the Fiscal Year (FY) 2023 Motor Vehicle Replacement Fund budget includes $77,000 for two BMW R 1250 RT-P replacements for Police Department motorcycles PDHM1 and PDHM2; and
WHEREAS, these motorcycles are essential equipment needed for the Police Department to patrol the city; and
WHEREAS, new vehicles are more reliable, limiting down time from breakdowns, as well as maintenance and repair costs; and
WHEREAS, these motorcycles were found under the State of California’s Department of General Services Statewide Contract 1-19-23-30 with Long Beach BMW Motorcycles, and therefore qualify as a piggyback purchase under the City’s Purchasing Policy; and WHEREAS, the cost of the two motorcycles, including tax is $65,437.42, and the remaining budgeted funds will be used to outfit the motorcycles with the necessary equipment, electronics, decals, etc.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the purchase of two BMW R 1250 RT-P replacements for Police Department motorcycles PDHM1 and PDHM2 in the amount of $65,437.42 (quote provided as Exhibit A) in FY 2023.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 10-4-2022 9.F-3
Attachment 1
Packet Page 45

Council Agenda 10-4-2022 9.F-5
Attachment 1A
Packet Page 46

State of California

STATEWIDE CONTRACT

USER INSTRUCTIONS
All changes to most recent Supplement are in bold red italic. Additions will be enclosed in asterisks, *, and deletions will be enclosed in brackets, [].

MANDATORY

All changes to most recent Supplement are in bold red italic. Additions will be enclosed in asterisks, *, and deletions will be enclosed in brackets, []. *Supplement 2*
ISSUE AND EFFECTIVE DATE: *04/13/2021*
CONTRACT NUMBER: 1-19-23-30
DESCRIPTION: Motorcycles, Enforcement Type
CONTRACTOR: Long Beach BMW Motorcycles
CONTRACT TERM: 05/02/2019 through *05/01/2023*
STATE CONTRACT ADMINISTRATOR: *Rudolph Jimenez
916-441-9624*
[email protected]

The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:

http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd0401NONIT.pdf (GSPD-401 Non-IT Commodities, rev 06/08/2010) Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION
U.S. Mail Fax/Email Contact Information
Long Beach BMW Motorcycles
2125 E. Spring St.

Long Beach, CA 90806
Fax: 562-506-2144
Email: [email protected]
Long Beach BMW Motorcycles
Charles Berthon
Phone: 562-426-1200
Email: [email protected]

Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 01-19-23-30
Contract User Instructions, *Supplement 2*

Contract 1-19-23-30 Page 2 04/13/2021
User Instructions
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.

SUMMARY OF CHANGES
Supplement
Number Description/Articles Supplement
Date
*2* *Subject contract for Motorcycles,
Enforcement Type is hereby modified to reflect
the following changes:
¾ Contract has been extended to 5/1/2023
¾ Attachment 1 – Contract Pricing has
been updated to relect price changes
¾ Article 34 Contract Administration – has
been updated to relect a change to the
State Contract Administrator*
*04/13/2021*
1 Subject contract for Motorcycles, Enforcement
Type is hereby modified to reflect the following
changes:
¾ Contract extended to 05/01/2022
11/30/2020
N/A Original Contract Posted

5/17/2019
All other terms and conditions remain the same.

Council Agenda 10-4-2022 9.F-6
Attachment 2
Packet Page 47

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 01-19-23-30
Contract User Instructions, *Supplement 2*

Contract 1-19-23-30 Page 3 04/13/2021
User Instructions

1. SCOPE
The State’s contract with Long Beach BMW Motorcycles (Contractor) provides Motorcycles, Enforcement Type, at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Statewide Contract # 1-19-23-30. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Motorcycles, Enforcement Type, to the state.

The contract term is for two (2) years with an option to extend the contract for two (2) additional one (1) year period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term.

2. CONTRACT USAGE/RULES
A. State Departments
x The use of this contract is mandatory for all State of California departments. x Ordering departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2. x Prior to placing orders against this contract, departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. The department’s current purchasing authority number must be entered in the appropriate location on each purchase document. Departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may access the Purchasing Authority Application at https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division- Services-List-Folder/Obtain-Purchasing-Authority or may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected].
x Departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.

B. Local Governmental Agencies
x Local governmental agency use of this contract is optional. x Local government agencies are defined as “any city, county, city and county, district or other governmental body or corporation, including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges’’, empowered to expend public funds for the acquisition of products, per Public Contract Code Chapter 2, Section 10298 (a) (b). While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations. x Local governmental agencies shall have the same rights and privileges as the State under the terms of this contract. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of the contract.
x A DGS-issued billing code is not required for local governmental agencies to place orders against this contract.

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 01-19-23-30
Contract User Instructions, *Supplement 2*

Contract 1-19-23-30 Page 4 04/13/2021
User Instructions
C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to state departments or local governmental agencies shall be identified within each article.

3. DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.

Current fees are available online in the Price Book & Directory of Services located at:
https://www.dgs.ca.gov/OFS/Price-Book (go to Price Book Download and click on Purchasing under Procurement Division).

B. Local Governmental Agencies
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to 1% of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency’s purchase price, nor invoiced or charged to the purchasing entity. All prices quoted to local governmental agency customers shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

4. SB/DVBE OFF-RAMP PROVISION
There is no SB/DVBE off-ramp associated with this contract.

5. EXEMPT PURCHASES
There are no exempt purchases associated with this contract.

6. PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractor shall inform the State Contract Administrator (State CA) of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc.

For Contractor performance issues, ordering agencies must submit a completed Supplier Performance Report via email or facsimile to the State CA identified in Article 34, Contract Administration. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).

7. CONTRACT ITEMS
All available core line items and associated pricing are listed on Attachment 1 – Pricing Worksheet. The Contractor also has available a Dealer’s Catalog/Non-Core Options that include options and repair parts, is incorporated into this contract, and shall be available to the ordering agencies. All such items in the Dealer’s Catalog/Non-Core Options are offered at a seventy percent (70%) discount off of list pricing. Ordering agencies may contact the Contractor for a current copy of the Dealer’s Catalog/Non-Core Options. This catalog may be available in hard copy or electronic format.

Council Agenda 10-4-2022 9.F-7
Attachment 2
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STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 01-19-23-30
Contract User Instructions, *Supplement 2*

Contract 1-19-23-30 Page 5 04/13/2021
User Instructions

8. SPECIFICATIONS
All products listed on Attachment 1, Contract Pricing, must conform to the Attachment 2, Bid Specification Number 2340-4654, dated 1/24/2019.

9. CUSTOMER SERVICE

Contractor will provide office and personnel resources for responding to requests, including telephone coverage weekdays during the hours of 8:00 AM through 5:00 PM (PT).

Contact Phone Email
Charles Berthon (562) 426-1200 [email protected]

10. ELECTRONIC CATALOG/CONTRACT WEBSITE CONTENTS
There is no electronic catalog or contract website associated with this contract.

11. PRE-ORDER CONFIGURATION CONSULTATION (OFFER GENERATION) There is no pre-order configuration consultation associated with this contract.

12. OFFER FORMAT
There is no specific offer format associated with this contract.

13. PRODUCT SUBSTITUTIONS
Product substitution shall be in accordance with the General Provisions (GSPD-401 Non-IT Commodities, rev 06/08/10), section 16 entitled “Substitutions”.

14. PROMOTIONAL PRICING
The Contractor shall immediately notify the State CA of all manufacturers’ price declines and the State shall receive full benefit of such declines, effective on the date of manufacturer’s public announcement.

15. STATE AGENCY INFORMATION TECHNOLOGY CERTFICATION REQUIREMENT There is no technology certification requirement associated with this contract.

16. PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site: https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx (select STD Forms).

All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
x Agency Order Number (Purchase Order Number)
x Ordering Agency Name

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 01-19-23-30
Contract User Instructions, *Supplement 2*

Contract 1-19-23-30 Page 6 04/13/2021
User Instructions
x Agency Billing Code
x Purchasing Authority Number
x Leveraged Procurement Number (Contract Number)
x Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail) x Line Item number
x Quantity
x Unit of Measure
x Commodity Code Number
x Product Description
x Unit Price
x Extension Price

2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.
3) Blanket Orders
The use of blanket orders against this statewide contract is not allowed.

B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only).

17. MINIMUM ORDER
The minimum order shall be $100.

18. ORDERING PROCEDURE
Ordering agencies are to submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:
x U.S. Mail
x Facsimile
x Email
The Contractor’s Order Placement Information is as follows:

ORDER PLACEMENT INFORMATION
U.S. Mail Facsimile Email
Long Beach BMW Motorcycles
2125 E. Spring St.

Long Beach, CA 90806
(562) 506-2144 [email protected]

When using any of the ordering methods specified above, all State departments must conform to proper State procedures.

Council Agenda 10-4-2022 9.F-8
Attachment 2
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STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 01-19-23-30
Contract User Instructions, *Supplement 2*

Contract 1-19-23-30 Page 7 04/13/2021
User Instructions

19. ORDER ACCEPTANCE
The Contractor shall accept orders from any State department or local governmental agency. The Contractor shall not accept purchase documents for this contract that:
x Are incomplete
x Contain non-contract items
x Contain non-contract terms and conditions
The Contractor must not refuse to accept orders from any State department or local governmental agency for any other reason without written authorization from the State CA.

20. ORDER RECEIPT CONFIRMATION
The Contractor will provide ordering agencies with an email or facsimile order receipt confirmation within forty-eight (48) hours of receipt of purchase document. The Order Receipt Confirmation shall include the following information:
x Ordering Agency Name
x Agency Order Number (Purchase Order Number)
x Purchase Order Total Cost
x Anticipated Delivery Date

21. OUT OF STOCK REMEDY
Upon receipt of order acknowledgment identifying out of stock items, the ordering agencies shall have the following options:
x Request back order
x Cancel the item from the order with no penalty
Contractor will provide notification to the ordering agencies regarding out-of-stock items which have been back ordered.

Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products.

22. DISCONTINUED ITEM REMEDY
Upon receipt of order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:
x Amend purchase document to reflect State-approved substitute item per Article 13, Product Substitutions.
x Cancel the item from the order
Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the State CA.

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 01-19-23-30
Contract User Instructions, *Supplement 2*

Contract 1-19-23-30 Page 8 04/13/2021
User Instructions

23. DELIVERY SCHEDULES
Delivery for orders placed against this contract shall be in accordance with the following:

A. Locations
Deliveries for the California Highway Patrol (CHP) shall be FOB Destination to:

California Highway Patrol, Fleet Operations
330 Reed Ave.

West Sacramento, CA 95605
(916) 376-3500

If the purchase order indicates delivery outside the CHP FOB point, the Contractor and agency will negotiate for delivery. This delivery may be subject to an additional delivery charge.

B. Schedule
Delivery of ordered product shall be completed in full within sixty (60) calendar days after receipt of an order (ARO). Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each facility for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency, within twelve (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Receipt Confirmation.

Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM PT.

24. EMERGENCY/EXPEDITED ORDERS
Not applicable

25. FREE ON BOARD (F.O.B.) DESTINATION
All prices are F.O.B. destination; freight prepaid by the Contractor, to the ordering organization's receiving point. Responsibility and liability for loss or damage for all orders will remain with the Contractor until final inspection and acceptance, when all responsibility will pass to the ordering organization, except the responsibility for latent defects, fraud, and the warranty obligations.

26. PALLETS
There are no pallet requirements associated with this contract.

27. SHIPPED ORDERS
All motorcycles must be completely serviced, inspected, properly adjusted and road tested before delivery, including the proper fill of all fluids and lubricants. The Contractor shall insure that each enforcement motorcycle reaches its delivery point with a full tank of fuel and a fully charged battery.

Motorcycles delivered with more than one-hundred (100) miles on the odometer shall not be accepted.

Council Agenda 10-4-2022 9.F-9
Attachment 2
Packet Page 50

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 01-19-23-30
Contract User Instructions, *Supplement 2*

Contract 1-19-23-30 Page 9 04/13/2021
User Instructions

28. DOCUMENTS SUBMITTED WITH MOTORCYCLE
The following documents shall be delivered to the receiving agency with the motorcycle:
x Complete and signed pre-delivery service checklist with the order number and vehicle identification number (VIN).
x “Line set Tickets” or “Window Sticker” showing all options installed and/or deleted. x One (1) copy of the vehicle warranty.
x One (1) Owner’s Manual.

29. PACKAGING, PACKING AND MARKING
All shipments shall be in accordance with the General Provisions (GSPD-401 Non-IT Commodities, rev 06/08/10), section 12 entitled “Packing and Shipment”.

30. PACKING LABEL
There are no packing label requirements associated with this contract.

31. SAFETY DATA SHEET
The Contractor shall provide a Safety Data Sheet for products subject to Title 8 of the California Code of Regulations, Section 5194, Hazard Communication. The Safety Data Sheet is to be prepared and delivered in accordance with this Section.

32. INSTALLATION
There is no installation associated with this contract.

33. INSPECTION AND ACCEPTANCE
The first motorcycle delivery shall consist of no more than five (5) motorcycles and shall be completed within sixty (60) calendar days ARO.

All subsequent deliveries shall be in accordance with the delivery schedule as specified on the purchase order of the ordering agency. Motorcycles delivered to the State will be inspected for specification compliance. Acceptance of delivery does not imply specification compliance and does not preclude the State from requiring the Bidder to correct non-compliance issues. In the event a motorcycle is returned to the Bidder for lack of compliance to the specifications prior to being put in service, the official delivery date will be the date the motorcycle is returned to the State and deemed compliant by the inspector. All motorcycles delivered must meet the minimum requirements of the contract. If it is found that any motorcycle delivered does not meet the minimum requirements, the Bidder shall be required to correct the non-compliance issue at their expense, within thirty (30) calendar days. Failure to correct any deficiencies in any motorcycle delivered, to any ordering agency, may cause the Bidder to be in default of the contract terms.

The State reserves the right to inspect any motorcycle for specification compliance at the Bidder’s place of business or at any State delivery location under the State’s General Provisions (GSPD-401 Non-IT Commodities, rev 06/08/2010).

Local agencies will be responsible for inspecting their motorcycles for specification compliance and acceptance.

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 01-19-23-30
Contract User Instructions, *Supplement 2*

Contract 1-19-23-30 Page 10 04/13/2021
User Instructions

34. CONTRACT ADMINISTRATION
Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.

Administrator
Information
DGS-PD
(State Contract Administrator)
Long Beach BMW Motorcycles
(Contractor)
Contact Name: *Rudolph Jimenez* Charles Berthon
Telephone: *(916) 441-9624* (562) 426-1200
Facsimile: (916) 375-4613 (562) 506-2144
Email: [email protected] [email protected] Address: DGS/Procurement Division
Attn: *Rudolph Jimenez*
707 Third Street, 2nd Floor, MS 201
West Sacramento, CA 95605
Long Beach BMW Motorcycles
Attn: Charles Berthon
2125 E. Spring St.

Long Beach, CA 90806

35. INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will contain the following information:
x Contractor’s name, address and telephone number
x Leveraged Procurement Number (Contract Number)
x Agency Order Number (Purchase Order Number)
x Line Item Number
x Quantity purchased
x Contract price and extension
x State sales and/or use tax
x Prompt payment discounts/cash discounts, if applicable x Totals for each order

36. PAYMENT
A. Terms
Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.

A discount of one-half percent (0.5%) is offered for prompt payment of not more than twenty (20) days.

B. CAL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.

C. State Financial Marketplace
The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial Council Agenda 10-4-2022 9.F-10
Attachment 2
Packet Page 51

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 01-19-23-30
Contract User Instructions, *Supplement 2*

Contract 1-19-23-30 Page 11 04/13/2021
User Instructions
marketplace, the Contractor will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.

D. Payee Data Record
Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office. Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the Contractor for copies of the Payee Data Record.

37. CALIFORNIA SELLER’S PERMIT
The California seller permit number for the Contractor is listed below. State departments can verify that permits are currently valid at the following website: www.cdtfa.ca.gov . State departments must adhere to the file documentation required identified in the State Contracting Manual Volume 2.

Contractor Name Seller Permit #
Long Beach BMW Motorcycles SREA 16-657156

38. CALIFORNIA VEHICLE DEALER
The California Vehicle Dealer license number is listed below. State Departments can verify that permits are currently valid at the following website: https://www.dmv.ca.gov/portal/dmv/detail/portal/olinq2/welcome and follow the prompts, selecting Vehicle Dealer/Broker when asked to select a Business Category.

Contractor Name Dealer License #
Long Beach BMW Motorcycles 06066

39. WARRANTY
The manufacturer’s warranty shall apply to all motorcycles purchased under the resulting contract established through this solicitation.

A. Base Warranty
The Contractor offers a minimum three (3) year/sixty-thousand (60,000) mile, whichever occurs first, no deductible warranty.

B. Premium Warranty
The Contractor offers an all-inclusive three (3) year/sixty-thousand (60,000) mile, whichever occurs first, no deductible, bumper to bumper warranty which covers all elements of the motorcycle, including parts and labor, except:

x Tire wear*
x Brake pad wear*
x Halogen / Incandescent bulbs
x Damage caused by the end user

The manufacturer’s scheduled maintenance services are included in the premium warranty.

*Tires and brake pads are warranted against defects on a percentage-of-wear pro-rated basis.

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 01-19-23-30
Contract User Instructions, *Supplement 2*

Contract 1-19-23-30 Page 12 04/13/2021
User Instructions
In both cases, the warranty effective date shall be the in-service date of the motorcycle, as reported by the ordering agency, to the Contractor. In lieu of in-service date activation, the Contractor shall provide an additional six (6) months of warranty coverage. The ordering agency shall accept the service intervals listed in the manufacturer’s preventative maintenance schedule as sufficient for meeting the service requirements for obtaining warranty service.

If Contractor is providing additional six (6) months of warranty coverage, a warranty certificate, warranty card, or a statement indicating the extended warranty has been recorded with the manufacturer shall be furnished with each motorcycle delivered under the resulting contract.

40. SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION There is no small business (SB) or disabled veteran business enterprise (DVBE) participation for this contract.

41. BIDDER DECLARATION/COMMERCIALLY USEFUL FUNCTION (CUF)

There are no subcontractors for this contract.

42. ATTACHMENTS

Attachment 1 – Contract Pricing *Supplement 2*
Attachment 2 – Specification 2340-4654R1
Attachment 2A – Specification 2340-4654 Radio Test
Attachment 3 – Postconsumer Recycled Content Certification

Council Agenda 10-4-2022 9.F-11
Attachment 2
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.G

SUBJECT/TITLE:

AWARD OF CONTRACT TO INDUSTRIAL DESIGN RESEARCH, INC. FOR THE

PURCHASE OF A LIFEGUARD TOWER

RECOMMENDATION:

BACKGROUND:

Pismo Beach Lifeguards currently protect the Beach Safety Zone with five lifeguard observation towers. The City seeks to replace its oldest tower in service as it is at the end of its lifespan. It was originally purchased in 2003 and has a useful life of 20 years.

Staff has identified Industrial Design Research, Inc. (IDR) as the only manufacturer of fiberglass observation towers in the United States, making this a sole vendor purchase.

IDR has been constructing lifeguard towers since 1989. The City of Pismo Beach has purchased its last seven lifeguard towers from IDR. IDR uses galvanized steel, stainless steel, and fiberglass in its construction. These components have proven to be very durable in harsh environments. The buildout of lifeguard towers is a 6- to 8-month process. In order to have the new tower available for the 2023 season, the City needs to purchase the Tower now.

Because there is only one source of procurement for the lifeguard tower, in conformity with the City’s purchasing policy, the City Manager recommends a sole source purchase.

Staff recommends that the City Council adopt a Resolution (Attachment 1) authorizing the purchase of a Surveyor SR model lifeguard tower and appropriating related budget adjustments in Fiscal Year (FY) 2023. A quote from IDR is provided as Attachment 2.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution is $51,918.78. The FY 2023 Motor Vehicle Replacement Fund budget includes $46,000 for the replacement of a Lifeguard Tower. Staff recommends that Council appropriate the remaining $11,920 in the Motor Vehicle Replacement Fund for the Lifeguard Tower from the Motor Vehicle Replacement Fund available fund balance in FY 2023.

ALTERNATIVES:

1. Decline to adopt the resolution; defer purchasing Lifeguard Tower.

2. Provide direction to staff.

ATTACHMENTS:

1. Resolution

9.G-1Council Agenda 10-4-2022
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1.A. Exhibit A to Resolution: Quote from IDR
Prepared by: Meeting Date: October 4, 2022
Michelle Pearson, Administrative Assistant
Submitted by: Paul Lee, Battalion Chief
City Manager Approval:

9.G-2Council Agenda 10-4-2022
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RESOLUTION NO. R-2022-XXX

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

CALIFORNIA AWARDING A CONTRACT FOR THE PURCHASE OF A SURVEYOR SR LIFEGUARD TOWER TO INDUSTRIAL DESIGN RESEARCH, INC. IN THE AMOUNT OF $57,916.78 AND APPROPRIATING RELATED BUDGET
ADJUSTMENTS IN FISCAL YEAR 2023
WHEREAS, the City owns and maintains towers and equipment for the Fire Department, including the Lifeguard program; and
WHEREAS, the Fiscal Year 2023 Motor Vehicle Replacement Fund budget includes $46,000 for the replacement of a Lifeguard Tower; and
WHEREAS, Industrial Design Research, Inc. is the only manufacturer of fiberglass observation towers in the United States and the procurement of a new tower is therefore a sole source purchase; and
WHEREAS, the City has purchased its last seven lifeguard towers from Industrial Design Research, Inc. and they have met all specifications.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby awards a contract for the purchase of a lifeguard tower from Industrial Design Research, Inc. in the amount of $57,916.78 (quote provided as Exhibit A).

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates an additional $11,920 in the Motor Vehicle Replacement Fund to purchase a Lifeguard Tower from the Motor Vehicle Replacement Fund available fund balance.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

9.G-3Council Agenda 10-4-2022
Attachment 1
Packet Page 55

Date :August 31, 2022 QUOTATION

QTY TAXED UNIT PRICE LINE TOTAL
1 x 45,650.00$ 45,650.00$
1 x 2,231.00$ 2,231.00$
1 725.00$ 725.00$
1 3,280.00$ 3,280.00$
1 2,320.00$ 2,320.00$
SUBTOTAL 54,206.00$
TAXABLE 47,881.00$
TAX RATE 7.750%
TAX 3,710.78$
TOTAL 57,916.78$
Fire Captain

I N D U S T R I A L D E S I G N R E S E A R C H , I N C Surveyor Lifeguard Towers
3203 Bern Ct., Laguna Beach, CA 92651
Phone: (714) 420-0695 / email: [email protected]

JOB REQUESTED BY
Surveyor SR Lifeguard Tower for Pismo Beach Carlos Pacheco Off-Load and Set-UP
Pismo Beach Fire Station

DESCRIPTION
Surveyor Senior Tower (10' x 12' Deck) S
Light Blue Gel-Coat
Palletize/Load (Each) S
Shipping

COMMENTS OR SPECIAL INSTRUCTIONS
Buyer Provides Forklift to Off-Load and Set-up
Quote good for 45 days
Terms: Net 30 (After delivery and inspection)
Signed ________________________________________Title__________________________________Date______________

CONDITIONS OF SALE (APPROVAL SIGNATURE REQUIRED)
Buyer shall properly operate and maintain each tower per IDR’s guidelines, as updated from time to time.

Buyer shall be solely responsible for denying access to each tower to the public. Only persons authorized by Buyer shall be allowed access to each tower. The towers are not designed for public use.

Buyer shall indemnify and hold IDR harmless for any and all damages, claims, causes of action and injuries by any person who is not an authorized agent of Buyer as a result of any contact with a tower, excluding any patent defects in a tower.

Buyer is solely responsible for the deployment of and securing the towers against environmental and weather conditions.

Quotation, terms and conditions of sale approved by:

9.G-4Council Agenda 10-4-2022
Attachment 1A
Packet Page 56

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.H

SUBJECT/TITLE:

FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP PB21-0032, 478 HINDS AVENUE

RECOMMENDATION:

Adopt a Resolution approving the Final Map and Subdivision Improvement Agreement for Parcel Map PB21-0032, 478 Hinds Avenue.

BACKGROUND:

Tentative Parcel Map PB21-0032 was reviewed and approved by the Planning Commission on August 10, 2021. The owner is Pismo Homes, LLC.

The project is located at 478 Hinds Avenue and includes the demolition of an existing residence, and the formation of a 3-lot residential subdivision consisting of three detached single-family residences. Public improvements will consist of placement of new sidewalk and frontage improvements along Hinds Avenue, as well as a new sidewalk that runs parallel to Highway 101. The developer will construct approximately half the span of the sidewalk that will connect Hinds Avenue to Stimson Avenue along the Highway 101 fence line. This sidewalk will include a large gutter plan to convey the development’s runoff to Stimson Avenue. The City has budgeted a future project to construct the remaining half of the sidewalk to Hinds Avenue.

Conclusion and Recommendation
The City’s Planning Division, Building Division, Engineering Division, and Fire Department have reviewed the public and private improvement plans and the Final Map, and are recommending approval. The City Engineer and the Community Development Director have determined that the owner has complied with the Conditions of Approval for Tentative Parcel Map PB21-0032, including the payment of all subdivision fees and supplying subdivision improvement bonds. A copy of the Maintenance Agreement and Declaration Establishing Architectural Controls for Future Remodels (Attachments 3 and 4, respectively) for the project, which will be recorded concurrently with the map but do not require Council approval, have been reviewed and accepted by the Engineering and Planning Divisions.

Staff recommends adopting a Resolution (Attachment 1) approving the Final Map, and associated Subdivision Improvement Agreement (Attachment 2) and authorizing the execution and recording of the Map, the Subdivision Improvement Agreement and associated documents.

FISCAL IMPACT:

The City will be receiving additional infrastructure to maintain, additional Fire and Police protection will be necessary, and demands on existing infrastructure will be increased.

These issues were addressed during the environmental review of the subdivision, and

9.H-1Council Agenda 10-4-2022
Packet Page 57

mitigation measures, including payment of development fees, have been incorporated into the project.

ALTERNATIVES:

1. Find that the Final Parcel Map PB21-0032 is not in substantial conformance with the approved Tentative Parcel Map and deny the Resolution. Staff is unable to make this finding and therefore this alternative is not recommended.

ATTACHMENTS:

1. Resolution

2. Subdivision Improvement Agreement

3. Maintenance Agreement

4. Declaration Establishing Architectural Controls for Future Remodels

5. Vicinity Map and Site Plan
Prepared by: Meeting Date: October 4, 2022
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

9.H-2Council Agenda 10-4-2022
Packet Page 58

RESOLUTION NO. R-2022-XXX

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

CALIFORNIA APPROVING THE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP PB21-0032, 478 HINDS AVENUE
WHEREAS, Pismo Homes LLC, the Owner/Developer, has submitted a signed Subdivision Improvement Agreement with the City wherein the Owner/Developer will provide certain road, water, sewer, storm drain, public utility and other improvements; and WHEREAS, the Owner/Developer has submitted Final Parcel Map PB21-0032 for City Council approval; and
WHEREAS, the Owner/Developer is providing the City with performance security, labor and material security, maintenance, and monumentation security in the form of surety bonds approved by the City Attorney assuring completion of all subdivision improvements; and
WHEREAS, the Owner/Developer has been required to pay certain subdivision fees and the City Plan Check and Inspection Fee prior to City Council approval of the Final Map; and
WHEREAS, the following fees have been paid; and

SUBDIVISION FEES COST SUB TOTAL
Public Facilities Fee 3 units x $460 $1,380.00
Final Map Processing $5,632 $5,632.00
Recording Fees
Final Map + Reproduction (2 of Pages)
Maintenance Agreement + Reproduction (6 of
Pages)
CC&Rs + Reproduction (8 Pages)
Declaration Establishing Architectural Controls +
Reproduction (3 of Pages)
$135
Plan Check and Inspection $464,253.49 x .05 $23,212.67
Park Development
(Quimby Fees) $8,683 per Single Family x 3 units $26,049.00 TOTAL $56,408.67
TOTAL FEES PAID (see below) $20,614.89
Less $5,632.00, received 10/12/2021
Less $14,982.89 received 11/05/2021
Less $35,793.78 received 9/13/2022
TOTAL FEES DUE PRIOR TO COUNCIL ACCEPTANCE $0
Attachment 1

9.H-3Council Agenda 10-4-2022
Packet Page 59

SECURITY AGREEMENT
Based on the approved bonding estimate of $464,253.49 for the public improvements, the following security in the form of surety bonds conforming to the requirements of the Municipal Code and approved by the City Attorney are required:
100% Faithful Performance Security PIP $464,253.49
50% Material and Labor Payment Security PIPs: $232,126.75 10% Maintenance Bond for 1 year after acceptance: $46,425.35 WHEREAS, the Director of Public Works/City Engineer and the Community Development Director have reviewed the Final Map and the Improvement Plans and find them to be in substantial compliance with City Standards, the City of Pismo Beach Municipal Code, and Tentative Parcel Map PB21-0032.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves the Final Map and the Improvement Plans for Parcel Map PB21-0032, directs the Mayor to execute the Subdivision Improvement Agreement, and authorizes and directs the City Manager to sign and the City Clerk to attest, seal and deliver said Parcel Map to the office of the San Luis Obispo County Clerk-Recorder.

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 4th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1

9.H-4Council Agenda 10-4-2022
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SUBDIVISION AGREEMENT Page 1 of 9 478 Hinds, Parcel Map PB21-0032

CITY OF PISMO BEACH

SUBDIVISION IMPROVEMENT AGREEMENT
NAME AND LEGAL STATUS OF SUBDIVIDER:

Pismo Homes, LLC
PO Box 1649
Arroyo Grande, CA 93421
NAME OF SUBDIVISION/TRACT NUMBER (A Subdivision):
478 Hinds, Parcel Map PB21-0032, a 3 Lot Residential Subdivision COST OF IMPROVEMENTS (EST.): COST OF MONUMENTATION
$464,253.49 (Public Street, Utility, Landscaping & other Improvements) N/A TOTAL = $ 464,253.49
DATE OF AGREEMENT: October 4, 2022
DATE OF COMPLETION: Twenty Four (24) months from recordation of the Final Map This Subdivision Agreement (Agreement) is made and entered into by and between the City of Pismo Beach (CITY), a municipal corporation of the State of California and Pismo Homes, LLC (SUBDIVIDER).

RECITALS
WHEREAS, SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California (Government Code 66410 et. seq.) and CITY’s ordinances (Pismo Beach Municipal Code, Title 16

16.12.010 et. seq.) and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to as the Subdivision Laws); and, WHEREAS, a tentative map of the Subdivision has been approved, subject to the Subdivision Laws and subject to the requirements and conditions contained in the Resolution of Approval on file in the Office of the City Clerk and hereby incorporated into this Agreement by reference and SUBDIVIDER now wishes to proceed with final map approval and recordation; and,
WHEREAS, the Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (1) completed, in compliance with CITY standards, all of the Improvements and land development work (collectively referred to as Improvements) required by the Subdivision Laws and the Resolution of Approval, or (2) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY; and
WHEREAS, complete improvement plans for the construction, installation and completion of the Improvements (Improvement Plans) have been prepared by SUBDIVIDER, approved by the City Engineer, and are on file with CITY and are hereby incorporated by reference into this Agreement; and Attachment 2

9.H-5Council Agenda 10-4-2022
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SUBDIVISION AGREEMENT Page 2 of 9 478 Hinds, Parcel Map PB21-0032

WHEREAS, in consideration of approval of a final map for the Subdivision by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER’s own expense, all the Improvements required by CITY in connection with the proposed Subdivision; and

WHEREAS, SUBDIVIDER recognizes that by approval of the final map for the Subdivision, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the Subdivision, and has taken the final act necessary to subdivide the property within the Subdivision and, as a result, CITY will be damaged to the extent of the cost of installation of the Improvements if SUBDIVIDER should fail to perform its obligations under this Agreement, including, but not limited to, SUBDIVIDER’s obligation to complete construction of the Improvements by the time established in this Agreement; and

WHEREAS, CITY shall be entitled to all remedies available to it pursuant to this Agreement and law in the event of a default by SUBDIVIDER, and it is specifically recognized that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY;

NOW THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the Subdivision, and in recognition and acceptance of the above recitals, SUBDIVIDER and CITY agree as follows:

1. SUBDIVIDER OBLIGATIONS TO CONSTRUCT IMPROVEMENTS.

a. SUBDIVIDER shall:

1) Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws.

2) Complete, at SUBDIVIDER’s own expense, all the Improvements required on the Tentative Map and in the project approvals as identified above in conformance with CITY standards and the approved Improvement Plans.

3) Furnish the necessary materials for completion of the Improvements in conformity with the Improvement Plans, the Resolution of Approval, and CITY standards.

4) In all appropriate cases, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights- of-way, easements and other interests in real property for construction or installation of the Improvements, free and clear of all liens and encumbrances, prior to commencement of work on the Improvements.

5) Complete construction of the Improvements within Twenty Four (24) months of the recordation of the Final Map, unless a time extension is granted by the CITY pursuant to section 15 of this Agreement.

6) Install all subdivision monuments required by law prior to the completion and acceptance of the Improvements by CITY, including re-installation of existing monuments that were removed, altered, or destroyed by SUBDIVIDER.

7) Ensure, at SUBDIVIDER’s expense, that all contractors obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law.

Attachment 2

9.H-6Council Agenda 10-4-2022
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SUBDIVISION AGREEMENT Page 3 of 9 478 Hinds, Parcel Map PB21-0032

8) Until final acceptance of the work of improvement, give good and adequate warning to the public of each and every dangerous condition, which exists in the project, and take all reasonable actions to protect the public from such dangerous condition.

b. SUBDIVIDER agrees that CITY may impose necessary changes to the scope of the Improvements if CITY determines that such changes are necessary and incidental to the successful completion and function of the improvements or are required to meet CITYs standards.

c. SUBDIVIDER’s obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private drainage easements or authorization to accommodate the Subdivision.

2. SECURITY.

a. SUBDIVIDER shall at all times guarantee SUBDIVIDER’s performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws (see, Government Code section 66499 et seq.) on forms approved by CITY for the purposes and in the amounts as follows:

1) To assure faithful performance of this Agreement in an amount of 100% of the estimated cost of the improvements; and

2) To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor, materials for the improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the improvements; and

3) To guarantee or warranty the work performed pursuant to this Agreement for a period of one year following acceptance by CITY against any defective work or labor performed or defective materials furnished in the additional amount of 10% of the estimated cost of the improvements; and

4) SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of 100% of the estimated cost of setting subdivision monuments.

b. The securities required by this Agreement shall be kept on file with the City Clerk. No security may be modified or replaced without written approval of CITY. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released.

c. Should the sureties on any of the bonds become insufficient, SUBDIVIDER agrees to renew the bond(s) with good, sufficient, and duly authorized sureties within ten (10) days after receiving notice that the sureties are insufficient.

3. RELEASE OF SECURITIES.

The securities required by this Agreement shall be released as follows:

a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work.

b. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, twelve months after the completion and acceptance of Attachment 2

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SUBDIVISION AGREEMENT Page 4 of 9 478 Hinds, Parcel Map PB21-0032

the work or 35 days after filing a notice of completion as applicable, be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.

c. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Paragraph 12, the warranty period shall not commence until final acceptance of all the work and improvements by the City Council.

d. In the event of disputes or outstanding claims, CITY may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys fees.

4. ALTERATIONS TO IMPROVEMENT PLANS.

a. SUBDIVIDER shall construct the improvements in accordance with CITY standards in effect at the time of adoption of the Resolution of Approval, unless otherwise approved by City in writing in advance. CITY reserves the right to modify the standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or comply with applicable State or Federal law or CITY ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension.

b. Changes, alterations or additions to the improvement plans and specifications or to the improvements, not exceeding 10% of the original estimated cost of the improvement, shall not reduce the improvement security given for faithful performance of this Agreement. If such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Section 2 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Section 3 of this Agreement.

5. INSPECTION AND COMPLETION.

SUBDIVIDER shall at all times maintain proper facilities and safe access by CITY inspectors for inspection of the improvements and to the shops wherein any work is in preparation. Upon completion of the work, SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineers authorized representative. SUBDIVIDER shall bear all costs of inspection and certification.

6. DAMAGE TO PUBLIC PROPERTY.

SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed by reason of any work done under this Agreement. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

7. DEFAULT OF SUBDIVIDER.

a. Default of SUBDIVIDER shall include, but is not limited to, SUBDIVIDER’s failure to timely commence construction of under this Agreement; SUBDIVIDER’s failure to timely cure any defect in Attachment 2

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SUBDIVISION AGREEMENT Page 5 of 9 478 Hinds, Parcel Map PB21-0032

the Improvements; SUBDIVIDER’s failure to perform substantial construction work for a period of twenty (20) calendar days after commencement of the work; failure to timely complete the Improvements to CITY standards; SUBDIVIDER’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the Subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER’s failure to perform any other obligation under this Agreement.

b. CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER’s obligations under this Agreement. CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITYs damages in event of default by SUBDIVIDER. The right of CITY to unilaterally and without notice draw upon or utilize the security is additional to, and not in lieu of, any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITYs damages for SUBDIVIDER’s default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the improvements in accordance with the improvement plans and specifications contained herein, but shall not be construed to limit CITYs damages.

c. In the event of SUBDIVIDER’s default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER’s surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, at the expense of SUBDIVIDER and CITY may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on site of the work and necessary for the performance of the work.

d. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the Subdivision, to rescind the approval or otherwise revert the Subdivision to acreage. The remedy provided by this subsection is in addition to, and not in lieu of, other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER’s breach shall be at the sole discretion of CITY.

e. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorneys fees.

f. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER.

8. WARRANTY.

SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement against any defective work or labor done or defective materials furnished for a period of one (1) year after final acceptance of the Improvements by the City Council. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or improvement. SUBDIVIDER further acknowledges and understands within the one (1) year warranty period, SUBDIVIDER will bear the total responsibility for all repair and/or replacement of the improvements as installed, reserving to SUBDIVIDER the right of recourse or indemnity against any third party who causes damage to such improvements.

Attachment 2

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SUBDIVISION AGREEMENT Page 6 of 9 478 Hinds, Parcel Map PB21-0032

Should SUBDIVIDER fail to act promptly in accordance with this requirement, SUBDIVIDER hereby authorizes CITY , at CITY’s option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER’s surety, and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs.

9. SUBDIVIDER NOT AGENT OF CITY.

Neither SUBDIVIDER nor any of SUBDIVIDER’s agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER’s obligations under this Agreement.

10. DAMAGE TO WORK.

Until such time as the Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed and will be responsible for the care of, maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of the cause, happening or occurrence to the Improvements specified in this Agreement prior to the acceptance of the Improvements. All such risks shall be the responsibility of, and are hereby assumed by, SUBDIVIDER.

11. OTHER AGREEMENTS.

Nothing contained in this Agreement shall preclude CITY from expending moneys pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other SUBDIVIDER’s for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment.

12. FINAL ACCEPTANCE OF WORK AND VESTING.

Acceptance of the work on the behalf of CITY shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. If the City Engineer determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and CITY standards.

The City Council shall act upon the Engineer’s recommendation within 30 days from the date the City Engineer certifies that the work has been finally completed. Such acceptance shall not constitute a waiver of defects by CITY. In no event shall CITY issue certificates of occupancy for structures within the Subdivision prior to final acceptance of the Improvements without express prior written approval by the City Engineer (prior approval is at the sole discretion of the City Engineer).

Upon acceptance of the work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY, unless designated otherwise.

13. INDEMNITY/HOLD HARMLESS.

CITY or any officer, employee, official, agent, or volunteer thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents, employees, or subcontractors in the performance of this Agreement. SUBDIVIDER further agrees to Attachment 2

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SUBDIVISION AGREEMENT Page 7 of 9 478 Hinds, Parcel Map PB21-0032

protect, indemnify, and hold harmless CITY, its officers, employees, officials, agents, or volunteers from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts, omissions or negligence (regardless of whether such negligence is active or passive) of SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, arising out of, in whole or in part, the design or construction of the improvements. This indemnification and hold harmless agreement shall extend to any injuries to persons and/or damage to property or taking of property resulting from the design or construction of said Subdivision, and the Improvements as provided herein, and in addition, without limitation, to property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other Improvements. Acceptance by CITY of the Improvements shall not constitute an assumption by the CITY of any responsibility for any damage or taking. CITY shall not be responsible for the design or construction of the Subdivision or the Improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by CITY in approving the plans or map. After acceptance of the Improvements, SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, SUBDIVIDER shall not be responsible for routine maintenance unless provision is made otherwise. The provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by CITY of the Improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction.

14. SALE OR DISPOSITION OF SUBDIVISION.

Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. SUBDIVIDER agrees to notify CITY in writing at least 30 days in advance of any actual or pending sale or other disposition of the property. If SUBDIVIDER sells the property or any portion of the property within the Subdivision to any other person, SUBDIVIDER may request a transfer/novation of this Agreement and a substitution of security. Upon approval of the transfer/novation and substitution of securities SUBDIVIDER may request a release or reduction of the securities of the obligations for the work or improvement done by SUBDIVIDER. The decision of whether to grant a transfer/novation and substitution of securities shall be at CITY’s sole discretion.

15. TIME FOR COMMENCEMENT AND COMPLETION OF WORK;
EXTENSIONS; TIME OF THE ESSENCE.

a. All Improvements must be completed within twenty four (24) months of the recordation of the Final Map, unless otherwise provided in subsection (b) below.

b. The time for commencement of construction or completion of the Improvements may be extended in the event good cause exists as determined by the City Council upon recommendation of the City Engineer. A request for extension must be submitted in writing to the City Engineer at least 60 days prior to the requested extension date. The extension must be set out in writing and executed by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER’s surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. As a condition of extension, the City Engineer may require SUBDIVIDER to furnish new security in an increased amount guaranteeing performance of this Agreement as extended as necessary to compensate for any increase in construction costs as determined by the City Engineer.

c. Time is of the essence of this Agreement.

Attachment 2

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SUBDIVISION AGREEMENT Page 8 of 9 478 Hinds, Parcel Map PB21-0032

16. NO VESTING OF RIGHTS.

Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER’s rights with respect to any change in any zoning or building law or ordinance.

17. MISCELLANEOUS PROVISIONS.

a. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by first class mail, postage prepaid and addressed as provided in this section. Notice shall be effective on the date it is delivered in person, or if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with CITY:

CITY: City Engineer
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449

SUBDIVIDER: Pismo Homes, LLC
PO Box 1649
Arroyo Grande, CA 93421

b. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.

c. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement.

d. In the event that suit or arbitration is entered into arising out of performance of this Agreement or brought to enforce the terms of this Agreement, the prevailing party shall be entitled to recover all litigation costs and reasonable attorneys fees.

e. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.

f. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter.

All prior or simultaneous agreements or understandings are replaced by this Agreement. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of CITY, the appropriate party shall be the City Engineer.

Attachment 2

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SUBDIVISION AGREEMENT Page 9 of 9 478 Hinds, Parcel Map PB21-0032

IN WITNESS WHEREOF, SUBDIVIDER and CITY, by and through its Mayor, have caused this Agreement to be executed.

DATE: ____________________ DATE: _____________________

SUBDIVIDER: CITY:
(Attach Notarization)

Pismo Homes, LLC BY:

Ed Waage, Mayor

BY: ATTEST:

Signature

Print Name

BY: BY:

Signature Erica Inderlied, City Clerk

Print Name

APPROVED AS TO FORM:

BY:

Dave Fleishman, City Attorney

Attachment 2

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Declaration Establishing Private Use and Maintenance Agreement 478 Hind Avenue, Pismo Beach
(09-23-2022)
Recording Requested By and
When Recorded Mail To:

Pismo Homes, LLC
Post Office Box 1649
Arroyo Grande, CA 93421

With a Copy To:

The City of Pismo Beach
Community Development Department
760 Mattie Road
Pismo Beach, CA 93449
APN: 005-085-006

DECLARATION ESTABLISHING NON-EXCLUSIVE PRIVATE USE AND

MAINTENANCE AGREEMENT FOR COMMON DRIVEWAY, UNDERGROUND

PUBLIC UTILITIES, DRAINAGE STRUCTURES, AND GREEN WASTE FACILITY

THIS DECLARATION ESTABLISHING NON-EXCLUSIVE PRIVATE USE AND

MAINTENANCE AGREEMENT FOR COMMON DRIVEWAY, UNDERGROUND

PUBLIC UTILITIES, DRAINAGE STRUCTURES, AND GREEN WASTE FACILITY (“Agreement”) made on the date set forth below in this instrument by RONALD CHAPPELL (hereinafter “Declarant”), is made with reference to the following facts:

WHEREAS, Declarant is the owner of that certain real property in the City of Pismo Beach (hereinafter “City”), County of San Luis Obispo, State of California, described as Parcels 1 through 3, City of Pismo Beach Parcel Map PB21-0032 as shown on a map recorded in Book __, Pages __ through __ of Maps, in the office of the County Recorder of the County of San Luis Obispo, State of California (“Parcel”) (collectively “Parcels”); and

WHEREAS, each of the Parcels will utilize a portion of the common concrete driveway located on Parcels 1 through 3 for access to its individual Parcel as shown on attached Exhibit A (“Driveway”); and

WHEREAS, each of the Parcels will utilize a portion of Parcels 1 through 3 for providing underground public utilities, including but not limited to water, gas, electric, and cable service, to its individual Parcel as shown on attached Exhibit A (“Public Utilities”); and

WHEREAS, each of the Parcels will utilize a portion of Parcels 1 through 3 for storm drainage from its individual Parcel as shown on attached Exhibit A (“Drainage Structures”); and

WHEREAS, each of the Parcels will utilize a portion of Parcel 1 for a shared Green Waste Facility for its individual Parcel as shown on attached Exhibit A (“Green Waste Facility”); and Attachment 3

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Declaration Establishing Private Use and Maintenance Agreement 478 Hind Avenue, Pismo Beach
(09-23-2022)
WHEREAS, Declarant intends by this document to execute a DECLARATION ESTABLISHING

NON-EXCLUSIVE PRIVATE USE AND MAINTENANCE AGREEMENT FOR COMMON

DRIVEWAY, UNDERGROUND PUBLIC UTILITIES, DRAINAGE STRUCTURES, AND GREEN WASTE FACILITY for the benefit of all of the individual owners of the individual Parcels.

NOW THEREFORE, Declarant hereby declares that Parcels 1 through 3 inclusive, as shown on City of Pismo Beach Parcel Map PB21-0032 shall be held, sold, leased, mortgaged, encumbered, rented, used, occupied, improved and conveyed subject to the following agreement, which shall run with the real property and be binding on Declarant and their successors and assigns, on all parties having or acquiring right, title or interest in or to the described property or any party thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.

1. Common Driveway.

A.Driveway Access. Each Owner of a Parcel (“Owner”) (collectively “Owners”) shall have a permanent right to use the Driveway.

B. Driveway Maintenance. The Driveway shall be regularly maintained and repaired with a paved concrete surface so that the Driveway is accessible in all weather and free of potholes, or large cracks. Repair of the Driveway includes the repair of all damages caused by ordinary use, the occurrence of natural events, and acts of god.

C. Sharing of Maintenance Costs. The Owners of Parcels 1 through 3 agree to mutually share in the cost and expense of maintaining the Driveway. Excepting that each Owner shall be solely responsible for the cost of repair of damage to the Driveway, other than normal wear and tear, caused by an Owner or that Owner’s contractors, agents, guests, licensees, or invitees.

D.Additional Repairs. Each Owner shall have the right to make a request that reasonable maintenance and/or repairs be made to the Driveway.

E.Required Capital Improvements. Should any governing entity, including, but not limited to, the City of Pismo Beach, require any capital improvements or upgrades to the Driveway, the cost and expense of such improvements shall be borne individually by the underlying property Owner.

F.Parking Prohibited. The Owners hereby agree to prohibit parking on the Driveway in all posted no parking zones and fire lanes.

G.Vehicle Removal. Any affected Owner or tenant thereof may avail itself of the authority granted private property Owners in section 22658 of the California Vehicle Code to Attachment 3

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Declaration Establishing Private Use and Maintenance Agreement 478 Hind Avenue, Pismo Beach
(09-23-2022)
remove a vehicle when said vehicle is parked on the Driveway in such a manner so as to interfere with entry or access to a Parcel which it serves.

H. Abandonment of Agreement. If this Agreement is abandoned or dissolved, each Parcel previously served by the Driveway shall be provided with standard access as required by the City Zoning Regulations.

2. Frontage Improvements.

A. Frontage Improvements Maintenance. The Owners of Parcels 1 through 3 shall maintain, repair and replace the landscaping and irrigation (“Frontage Improvements”) in the public right-of-way adjoining the development, including the 26-foot-wide offer of dedication to the City (“Frontage”). Use of low-water-using irrigation systems shall be utilized, and drip irrigation shall be used where feasible.

B. Trash Can Responsibilities. The Owners of Parcels 1 through 3 are responsible to take trash cans to Hinds Avenue and to bring the cans back in within forty-eight (48) hours of trash collection.

C. Sharing of Maintenance Costs. The Owners of Parcels 1 through 3 agree to mutually share in the cost and expense of maintaining the Frontage Improvements; excepting that all costs of water used for irrigation of landscaping in the Frontage area shall be the sole responsibility of the Owner of Parcel 1; and further excepting that each Owner shall be solely responsible for the cost of repair of damage to the Frontage Improvements, other than normal wear and tear, caused by an Owner or that Owner’s contractors, agents, guests, licensees, or invitees.

D. Additional Repairs. Each Owner shall have the right to make a request that reasonable maintenance and/or repairs be made to the Frontage Improvements.

3. Landscape Improvements.

A. Landscape Improvements Maintenance. The Owners of Parcels 1 through 3 shall assure that private planting, irrigation, parking pavers, common retaining walls and fencing (“Landscape Improvements) are regularly maintained, repaired and/or replanted to assure the aesthetics and viability of these items. Parking pavers are required for stormwater purposes and shall remain for this purpose.

B. Sharing of Maintenance Costs. The Owners of Parcels 1 through 3 agree to mutually share in the cost and expense of maintaining the Landscape Improvements; excepting that each Owner shall be solely responsible for the cost of repair of damage to the Landscape Improvements, other than normal wear and tear, caused by an Owner or that Owner’s contractors, agents, guests, licensees, or invitees.

Attachment 3

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Declaration Establishing Private Use and Maintenance Agreement 478 Hind Avenue, Pismo Beach
(09-23-2022)
C. Additional Repairs. Each Owner shall have the right to make a request that reasonable maintenance and/or repairs be made to the Landscape Improvements.

4. Underground Public Utilities.

A. Maintenance of Underground Public Utilities. Each utility shall have sole responsibility for the maintenance of their respective utility facilities, including costs arising from the malfunction of a utility line.

B. Responsibility for Repair of Damage to Underground Public Utilities. Each Owner shall be solely responsible for the cost of repair of any damage to the Underground Public Utilities by that Owner or that Owner’s guests, invitees, contractors, agents, or licensees.

5. Drainage Structures.

A. Maintenance of Drainage Structures. The Drainage Structures shall be regularly maintained and repaired to be fully operational at all times. Repair of the Drainage Structures includes the repair of all damages caused by ordinary use, the occurrence of natural events, and acts of god.

B. Drainage Pattern Alterations. No Owner shall do any work, construct any improvement, place any landscaping or suffer the existence of any condition whatsoever which shall alter or interfere with the drainage pattern for the Owner’s, or any adjacent Parcels as established in connection with the approval of the final Parcel Map applicable to the Development, except to the extent such alteration in drainage pattern is approved in writing by the City.

C. Post-Construction Stormwater Management System Operations & Maintenance Inspections. The Owners of Parcels 1 through 3 shall submit yearly Post-Construction Stormwater Management System Operations & Maintenance Inspections to the City of Pismo Beach to show permanent drainage structures are operational. Should the Owners fail to do so, then fines can be administered by the City of Pismo Beach.

D. Sharing of Maintenance Costs. The Owners of Parcels 1 through 3 agree to mutually share in the cost and expense of maintaining the Drainage Structures. Excepting that each Owner shall be solely responsible for the cost of repair of damage to the Drainage Structures, other than normal wear and tear, caused by an Owner or that Owner’s contractors, agents, guests, licensees, or invitees.

E. Additional Repairs. Each Owner shall have the right to make a request that reasonable maintenance and/or repairs be made to the Drainage Structures.

Attachment 3

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Declaration Establishing Private Use and Maintenance Agreement 478 Hind Avenue, Pismo Beach
(09-23-2022)

6. Green Waste Facility.

A. Maintenance of Green Waste Facility. The Green Waste Facility shall be regularly maintained and repaired to be fully operational at all times. Repair of the Green Waste Facility includes the repair of all damages caused by ordinary use, the occurrence of natural events, and acts of god.

B. Sharing of Maintenance Costs. The Owners of Parcels 1 through 3 agree to mutually share in the cost and expense of maintaining the Green Waste Facility. Excepting that each Owner shall be solely responsible for the cost of repair of damage to the Green Waste Facility, other than normal wear and tear, caused by an Owner or that Owner’s contractors, agents, guests, licensees, or invitees.

C. Additional Repairs. Each Owner shall have the right to make a request that reasonable maintenance and/or repairs be made to the Green Waste Facility.

7. Miscellaneous.

A. Maintenance Manager. For purposes of this agreement, the Owners of Parcels 1 through 3 may mutually agree to hire a Maintenance Manager who shall be entitled to a management fee not to exceed ten percent (10%) of the maintenance costs and expenses to cover administrative costs.

B. Temporary Entry. Each Owner shall have the temporary right to enter any of the parcels to the extent reasonably required for inspection and/or the proper maintenance of any of the facilities covered by this Agreement.

C. Insurance. Each party is responsible for maintaining their own insurance. Each Owner agrees to hold harmless and indemnify each of the other Owners for any injuries sustained by an Owner or that Owner’s contractors, agents, guests, licensees, or invitees.

D. Amendment or Abandonment. This Agreement may not be amended, or abandoned except by a written agreement signed by all Owners and by the City of Pismo Beach duly acknowledged, and recorded in the office of the County Recorder of the County of San Luis Obispo, California.

E. Covenant with the Land. The benefits and obligations of the covenants herein shall run with the Parcels herein described so long as this declaration is in effect and shall bind the respective parties hereto, their heirs, legal representatives, grantees, and assigns.

F. Entire Agreement. This Agreement contains the entire agreement between parties relating to the obligations assumed by this Agreement. Any oral representations or modifications concerning this Agreement shall be of no force or legal effect.

Attachment 3

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Declaration Establishing Private Use and Maintenance Agreement 478 Hind Avenue, Pismo Beach
(09-23-2022)
G. Governing Law. This Agreement shall be governed in all respects by the laws of the State of California. In any action or proceeding connected with this Agreement, the parties consent to the jurisdiction and venue of the Superior Court of the State of California, County of San Luis Obispo, California.

H. Severability. The provisions of this Agreement are severable. If any portion is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.

I. Judicial Reference. Pursuant to Code of Civil Procedure Section 638, et seq., all legal actions regarding this Agreement shall be heard by a referee who shall be a retired judge from either the San Luis Obispo County Superior Court, or the California Court of Appeal, provided that the selected referee shall have experience in resolving land use and real property disputes. The parties shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before such referee. If the parties are unable to agree on a referee within ten (10) days of a written request to do so by either Party hereto, either party may seek to have one appointed pursuant to Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne equally between the parties involved in the dispute. Any referee selected pursuant to this Section shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. Notwithstanding the provisions of this Section, any party shall be entitled to seek declaratory and injunctive relief in any court of competent jurisdiction to enforce the terms of this Agreement, or to enjoin another party from an asserted breach thereof, pending the selection of a referee as provided in this Section, on a showing that the moving party would otherwise suffer irreparable harm. Upon the mutual agreement by the parties involved in the dispute, any legal action shall be first be submitted to mediation in accordance with rules to be mutually agreed upon by the parties.

J. Attorneys’ Fees Clause. Should any of the Owners be required to engage counsel for the purposes of enforcing or preventing the breach of any provision hereof, including, but not limited to, by instituting any action or referenced proceeding to enforce any provision hereof, for damages by reason of any alleged breach of any provision hereof, for a declaration of such Owner’s rights and obligations with reference to the provisions hereof, by defending any action or proceeding instituted in violation hereof, or for seeking any other judicial or referenced remedy, then if said matter is settled by judicial or referenced determination, the prevailing party shall be entitled, in addition to such other relief as may be granted, to be reimbursed by the losing party for reasonable attorneys’ fees and costs actually incurred by the prevailing party.

Attachment 3

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Declaration Establishing Private Use and Maintenance Agreement 478 Hind Avenue, Pismo Beach
(09-23-2022)
IN WITNESS WHEREOF, the Declarant has executed this DECLARATION

ESTABLISHING NON-EXCLUSIVE PRIVATE USE AND MAINTENANCE

AGREEMENT FOR COMMON DRIVEWAY, UNDERGROUND PUBLIC UTILITIES, DRAINAGE STRUCTURES, AND GREEN WASTE FACILITY the day and year below written.

Date: __________________

By:

________________________

RONALD CHAPPELL,
an individual

Attachment 3

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Declaration Establishing Architectural Controls
478 Hind Avenue, Pismo Beach
(09-23-2022)
Recording Requested By and
When Recorded Mail To:

Pismo Homes, LLC
Post Office Box 1649
Arroyo Grande, CA 93421
With a Copy To:

The City of Pismo Beach
Community Development Department
760 Mattie Road
Pismo Beach, CA 93449
APN: 005-085-006

DECLARATION ESTABLISHING ARCHITECTURAL CONTROLS

FOR FUTURE REMODELS

THIS DECLARATION ESTABLISHING ARCHITECTURAL CONTROLS FOR FUTURE REMODELS (hereinafter “Agreement”) made on the date set forth below in this instrument by RONALD CHAPPELL (hereinafter “Declarant”), is made with reference to the following facts:

WHEREAS, Declarant intends by this document to execute a DECLARATION ESTABLISHING ARCHITECTURAL CONTROLS FOR FUTURE REMODELS for the benefit of all of the individual owners of the individual Parcels.

NOW THEREFORE, Declarant hereby declares that Parcels 1 through 3 inclusive, as shown on City of Pismo Beach Tract Map PB23-0032 shall be held, sold, leased, mortgaged, encumbered, rented, used, occupied, improved and conveyed subject to the following agreement, which shall run with the real property and be binding on Declarant and their successors and assigns, on all parties having or acquiring right, title or interest in or to the described property or any party thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.

Attachment 4

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Declaration Establishing Architectural Controls
478 Hind Avenue, Pismo Beach
(09-23-2022)

1. Architectural Controls.

A. Building Maintenance Requirements. The owner of Parcel 1, 2, or 3 shall maintain in a clean and neat manner all exterior colors and roofing materials, windows, door, siding, stucco, gutters, or any other exterior finishes.

B. Exterior Improvements. No alteration or improvement of any kind shall be made to the exterior of any residence, until the same has been approved in writing by the City of Pismo Beach.

C. Exceptions. However, no permission or approval shall be required to repaint in accordance with the Project’s original color scheme or to rebuild in accordance with plans and specifications previously approved by the City of Pismo Beach. Nothing contained herein shall be construed to limit the right of an owner to remodel the interior of his residence or to paint the interior of his residence any color desired.

D. Landscape Maintenance Requirements. The owners of Parcels 1, 2, and 3 shall be responsible to assure that private planting, parking pavers, common retaining walls and fencing are regularly maintained, repaired and/or replanted to assure the aesthetics and viability of these items. Parking pavers are required for stormwater purposes and shall remain for this purpose. Maintenance of these landscape items includes the repair of all damages caused by ordinary use, the occurrence of natural events, and acts of god. All of the Parcel owners shall have equal responsibility for the maintenance and repair, excepting that each owner shall be solely responsible for the cost of repair of, other than normal wear and tear, caused by an owner or that owner’s contractors, agents, guests, licensees, or invitees.

E. Landscape Planting Requirement. All landscape plant materials within the drainage easement shall be limited to shallow roots and easily removable plant materials.

F. Accessibility Standards. Notwithstanding the foregoing, or any other provision or term within this Declaration, owners may modify a unit, at the owner's expense, to facilitate access for persons who are legally disabled, or to alter conditions which could be hazardous to said persons.

2. Miscellaneous.

A. Amendment or Abandonment. This Agreement may not be amended, or abandoned except by a written agreement signed by all Owners and by the City of Pismo Beach duly acknowledged, and recorded in the office of the County Recorder of the County of San Luis Obispo, California.

B. Covenant with the Land. The benefits and obligations of the covenants herein shall run with the Parcels herein described so long as this declaration is in effect and shall bind the respective parties hereto, their heirs, legal representatives, grantees, and assigns.

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Declaration Establishing Architectural Controls
478 Hind Avenue, Pismo Beach
(09-23-2022)

C. Entire Agreement. This Agreement contains the entire agreement between parties relating to the obligations assumed by this Agreement. Any oral representations or modifications concerning this Agreement shall be of no force or effect.

D. Governing Law. This Agreement shall be governed in all respects by the laws of the State of California. In any action or proceeding connected with this Agreement, the parties consent to the jurisdiction and venue of the Superior Court of the State of California, County of San Luis Obispo, California.

E. Severability. The provisions of this Agreement are severable. If any portion is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.

F. Judicial Reference. Pursuant to Code of Civil Procedure Section 638, et seq., all legal actions regarding this Agreement shall be heard by a referee who shall be a retired judge from either the San Luis Obispo County Superior Court, or the California Court of Appeal, provided that the selected referee shall have experience in resolving land use and real property disputes. The parties shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before such referee. If the parties are unable to agree on a referee within ten (10) days of a written request to do so by either Party hereto, either party may seek to have one appointed pursuant to Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne equally between the parties involved in the dispute. Any referee selected pursuant to this Section shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. Notwithstanding the provisions of this Section, any party shall be entitled to seek declaratory and injunctive relief in any court of competent jurisdiction to enforce the terms of this Agreement, or to enjoin another party from an asserted breach thereof, pending the selection of a referee as provided in this Section, on a showing that the moving party would otherwise suffer irreparable harm. Upon the mutual agreement by the parties involved in the dispute, any legal action shall be first be submitted to mediation in accordance with rules to be mutually agreed upon by the parties.

G. Attorneys’ Fees Clause. Should any of the owners be required to engage counsel for the purposes of enforcing or preventing the breach of any provision hereof, including, but not limited to, by instituting any action or referenced proceeding to enforce any provision hereof, for damages by reason of any alleged breach of any provision hereof, for a declaration of such owner’s rights and obligations with reference to the provisions hereof, by defending any action or proceeding instituted in violation hereof, or for seeking any other judicial or referenced remedy, then if said matter is settled by judicial or referenced determination, the prevailing party shall be entitled, in addition to such other relief as may be granted, to be reimbursed by the losing party for reasonable attorneys’ fees and costs actually incurred by the prevailing party.

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Declaration Establishing Architectural Controls
478 Hind Avenue, Pismo Beach
(09-23-2022)

IN WITNESS WHEREOF, the Declarant has executed this DECLARATION ESTABLISHING ARCHITECTURAL CONTROLS FOR FUTURE REMODELS the day and year below written.

Date: __________________

By:

________________________

RONALD CHAPPELL,
an individual

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.I

SUBJECT/TITLE:

APPOINTMENT OF JACK KRASNER TO THE PARKING ADVISORY COMMITTEE

RECOMMENDATION:

Provide direction to staff on the appointment of Jack Krasner to the Parking Advisory Committee, for a membership term ending February 28, 2023.

BACKGROUND:

In February 2022, the City Council conducted interviews of a number of applicants to fill routine vacancies, due to scheduled term ends, during the annual recruitment for all City advisory bodies. At that time, the Council reappointed three incumbent members to the Parking Advisory Committee, to fill the three vacancies that existed at that time.

In September 2022, Parking Advisory Committee member John Capela resigned from the Committee due to a relocation of residence out of the area. A vacancy now exists on the Committee. At its September 20, 2022 meeting, the City Council directed staff to return with an agenda item allowing the Council to consider appointing Pismo Beach resident Jack Krasner, who was interviewed but not appointed during the annual recruitment, to fill the remainder of Capela’s term, which expires February 28, 2023.

Krasner’s application and resume are provided as Attachment 1. As a Pismo Beach resident and retired parking operations professional, Krasner meets the eligibility criteria for the Committee.

Conclusion and Recommendation
Staff recommends that the Council, by minute order, provide direction to staff on the appointment of Jack Krasner to the Parking Advisory Committee, for a term ending February 28, 2023. Krasner would be eligible for reappointment during the 2023 annual recruitment. Making the appointment in this manner is an expedient and cost-effective way of filling this vacancy.

FISCAL IMPACT:

There is no fiscal impact from the appointment of a Parking Advisory Committee member.

ALTERNATIVES:

1. Appoint Krasner for a term ending February 28, 2025, such that the seat would not need to be re-filled in the spring of 2023.

2. Direct staff to schedule a Special City Council meeting to conduct interviews of other applicants for this seat.

ATTACHMENTS:

1. Jack Krasner application and resume
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Submitted by: Erica Inderlied, City Clerk Meeting Date: October 4, 2022 City Manager Approval:

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Attachment 1

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Attachment 1

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Jack L. Krasner, CMA

Pismo Beach CA 93449

PROFILE
Multi-disciplined, high-energy, certified management accountant with decades of success in achieving corporate goals for public and private service, technology and manufacturing companies. A skilled, detail-oriented, hands-on technician who understands the big picture. An accomplished team builder and effective communicator. Extensive experience in planning, forecasting, financial reporting, cash management, risk and benefit insurance. Experience includes:

New information system implementations Design of budgeting models Key participant in IPO Responsible portfolio management Management of foreign finances Effective financial presentations

EXPERIENCE
12/05 to 05/16 SAN FRANCISCO PARKING, Inc. San Francisco, CA Private $60M company Premier provider of vehicle parking including valet services to luxury hotels in the Bay Area Director of Finance and Accounting reporting to CEO
Recruit and develop a high functioning team to manage labor-intensive manual transaction business
Build models to document and automate processes
Develop cross-training and mentoring programs
Led company through a three year San Francisco parking tax audit with zero findings Manage cash requirements, lines of credit, regulatory reporting and budgets 1/01 to 2/05 TOM SAWYER SOFTWARE, Oakland, CA Private <$5M company Graphing and topology software for OEM’s and pharmaceutical researchers Corporate Controller
Implemented and assured compliance with SOP 97-2 (revenue recognition) to conform to Generally Accepted Accounting Principles
Designed and implemented new general ledger and management reports to facilitate cash management
Designed and built option tracking/vesting templates to facilitate a merger or acquisition Recouped $141k from the Board of Equalization following their $149k sales tax levy 6/99 to 12/00 CYBERGOLD, Inc. Oakland, CA, Public $5M company Provider of internet-based marketing and advertising solutions Treasurer/Director of Financial Systems
Managed $40M investment portfolio to minimize risk
Developed criteria and selected new health care and 401(k) providers to better accommodate growing company
Implemented Investor Relations function to fulfill a Board mandate Served as Compliance Officer for Section 16 reporting; prepared Forms 3,4 and 5 Participated in due diligence for several acquisitions and integrations. 2/96 to 6/99 POWERBAR, Inc. Berkeley, CA Private, $100M company Developer and manufacturer of sports nutrition foods
Controller
New ERP system implementation
Reengineered business processes to maximize efficiency of ERP software Packet Page 87
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9.I-6Council Agenda 10-4-2022

Directed implementation consultants to assure that new software fit business needs and conformed to GAAP
Designed and configured relational database transactions Taught classes covering new system benefits and usage
Financial reporting
Implemented First Sale structure created to minimize European tariffs Created pro forma financial statements for tax reporting Developed and presented financial presentations at executive and company meetings Management
Reorganized and built staff to handle high growth and increasingly complex and competitive business environment
Rapidly implemented Finance portion of ERP software with limited resources by shifting priorities and managing expectations
8/87 to 3/95 WALKER INTERACTIVE SYSTEMS Inc., San Francisco, CA Public Developer of business and financial software for Fortune 1000 companies Treasurer 5/93 to 3/95
Wrote and implemented policies to manage foreign exchange risks Oversaw the creation and financing of foreign subsidiaries Defined and implemented investment guidelines for a $40M investment portfolio Controller 8/87 to 4/93
Key participant in initial public registration, provided financial information and drafted management disclosure and analysis
Completed SEC reporting forms 10-Q, 10-K, 8-K, and proxy Previous employment:
Lee Mah Electronics – 1986 to 8/87
Gilro Stamping Company, a division of Atwood Vacuum Machine – 1983 to 1986 Transamerica Transportation Services – 1980 to 1983
Buttes Gas & Oil Company – 1975 to1980

EDUCATION
Certified Management Accountant, April 1997
B.S. Accounting, University of Rhode Island, 1973

COMPUTER SKILLS
Microsoft Dynamics SL, Oracle 11i, Peachtree, MAS90, QuickBooks, PrimePay Packet Page 88
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9.I-7Council Agenda 10-4-2022

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

CASH FOR GRASS WATER CONSERVATION INCENTIVE PROGRAM
RECOMMENDATION:

BACKGROUND:

On February 2, 2021 the City Council directed staff to reestablish and fund the most effective water conservation programs, namely the “Cash for Grass” and Water-Efficient Toilet Rebates. Currently the Cash for Grass program offers a rebate of $0.50 per square foot of grass that is replaced with drought-tolerant landscaping or artificial turf.

The Cash for Grass rebate program has proven to be a cost-effective way of encouraging residents to conserve water and help the City to achieve its water conservation goals. In order to further its water conservation efforts, the Council directed staff to present options for increasing the amount of the Cash for Grass rebate. At the September 20, 2022 City Council meeting, the Council reviewed staff’s options for increasing the rebate, and directed staff to increase the rebate amount $2.00 per square foot of grass that is replaced with drought-tolerant landscaping or artificial turf.

Conclusion and Recommendation
Staff recommends the Council adopt the attached Resolution (Attachment 1) increasing the Cash for Grass rebate to help encourage residents to conserve more water.

FISCAL IMPACT:

The remaining water conservation program budget is $42,533, not including rebates in progress. Increasing the Cash for Grass rebate will exhaust the current budget at a faster rate, and a reduction in water use will result in less revenue to the Water Enterprise Fund, the extent of which is unknown.

ALTERNATIVES:

1. Do not adopt the proposed Resolution, provide staff with direction.

ATTACHMENTS:

1. Resolution
Prepared by: Meeting Date: October 4, 2022
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

Council Agenda 10-4-2022 9.J-1
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RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA INCREASING THE REBATE FOR THE “CASH FOR GRASS” WATER CONSERVATION REBATE INCENTIVE PROGRAM TO $2.00 PER SQUARE FOOT

OF GRASS REPLACED WITH DROUGHT TOLERANT LANDSCAPING OR

ARTIFICIAL TURF
WHEREAS, the “Cash for Grass” rebate program has proven to be a cost-effective way of encouraging residents to conserve water and help the City to achieve its water conservation goals; and
WHEREAS, currently, the Cash for Grass program offers $0.50 per square foot of grass that is replaced with drought-tolerant landscaping or artificial turf; and WHEREAS, in order to further its water conservation efforts, the Council reviewed options for increasing the rebate.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby increases the rebate for the Cash for Grass water conservation rebate incentive program to $2.00 per square foot of grass replaced with drought tolerant landscaping or artificial turf.

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 4th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 10-4-2022 9.J-2
Attachment 1
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.K

SUBJECT/TITLE:

SETTLEMENT AGREEMENT/AMENDMENT TO WATER PRE-SALE AGREEMENT

WITH CENTRAL COAST DEVELOPMENT COMPANY

RECOMMENDATION:

Adopt a Resolution approving a Settlement Agreement/Amendment to Agreement for Pre-sale of State Water, and authorizing the City Manager to execute the Agreement on behalf of the City.

BACKGROUND:

In 1992, the City entered into an agreement with Pacific Coast Homes for “pre-sale” of State Water. The City agreed to request an additional 140 acre-feet per year from the State Water Project, above its allocation of 1100 acre-feet per year, provided Pacific Coast Homes paid the costs for the additional water. The water was intended to be used on property at the northern boundary of Pismo Beach. Pacific Coast Homes later sold the land, and it was ultimately purchased by Gragg Canyon Ranch, LLC. In September 2005, the water presale agreement rights were assigned to Pismo-98, LLC, which then entered into an agreement in 2011 with Central Coast Development Company (CCDC) to assign 100 acre-feet of the 140 acre-foot allocation to CCDC. Pismo-98, LLC later assigned the remaining 40 acre-foot allocation to the City.

CCDC is a parent company of Pacific Harbor Homes, LLC, which was the developer of the Los Robles del Mar property on the southern end of Pismo Beach. Starting in approximately 2015, CCDC ceased reimbursing the City for the carrying costs of the 100 acre-foot water allocation CCDC acquired from Pismo-98. The City filed suit against CCDC in 2015 to recover the carrying costs, and the matter was set for trial in November 2022. All other litigation between the City and CCDC has previously been finally resolved.

The City and CCDC have agreed to resolve the lawsuit through a settlement agreement and modification to the water pre-sale agreement that will transfer 80 acre-feet of the CCDC allocation to the City permanently without cost to the City. The remaining 20 acre- foot allocation will remain with CCDC, but until CCDC requests to use the allocation, the City is free to use the allocation, and the City will be responsible for paying the fixed and variable costs associated with the 20 acre-foot allocation. If CCDC requests use of the water allocation, it will be responsible for obtaining all necessary approvals from LAFCO and any other governmental entities to use the water, and it will be responsible for constructing any infrastructure needed to facilitate delivery of the water. If CCDC fails to either use the water or transfer its rights to the water with City approval within 15 years, the remaining 20 acre-foot allocation will revert to the City without cost to the City.

The settlement agreement will end the litigation between the parties, and each side will bear its own attorneys’ fees.

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Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) approving, and authorizing the City Manager to execute, a Settlement Agreement/Amendment to Water Pre-Sale Agreement with Central Coast Development Company.

FISCAL IMPACT:

The fiscal impact of approving this agreement is anticipated to be neutral, in that the City has been paying for the State Water Project allocation continuously since 1992, and the City has incorporated the costs of the State Water Project water into water rates and the voter-approved special water tax since that time. In anticipation of CCDC not reimbursing the City for the $893,316 for these State Water Project costs, this amount has been recognized as not likely to be received and is already incorporated into the City’s Water Tax Fund and Water Enterprise Fund calculations and rates. The City will continue to pay the costs of the State Water Project water it has contracted to receive, but if CCDC uses the water allocation, it will be responsible for the fixed and variable costs of the 20 acre- foot allocation at that time.

The City will be giving up its rights to reimbursement for approximately $890 thousand in back carrying charges from CCDC by settling the lawsuit, but the City will obtain full control of 80 acre-feet of the CCDC Allocation. This will assist the City in ensuring its water supply into the future.

ALTERNATIVES:

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

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Settlement Agreement
Submitted By: Meeting Date: October 4, 2022
Dave Fleishman, City Attorney
City Manager Approval:

9.K-2Council Agenda 10-4-2022
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RESOLUTION NO. R-2022-XXX

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

CALIFORNIA APPROVING A SETTLEMENT AGREEMENT/AMENDMENT TO

WATER PRE-SALE AGREEMENT WITH CENTRAL COAST DEVELOPMENT

COMPANY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT ON BEHALF OF THE CITY
WHEREAS, In 1992, the City entered into an agreement with Pacific Coast Homes for “pre-sale” of State Water in which the City agreed to request an additional 140 acre-feet per year from the State Water Project, above its allocation of 1100 acre-feet per year, provided Pacific Coast Homes paid the costs for the additional water; and WHEREAS, in September 2005, the water presale agreement rights were assigned to Pismo-98, LLC, which then entered into an agreement in 2011 with Central Coast Development Company (CCDC) to assign 100 acre-feet of the 140 acre-foot allocation to CCDC; and
WHEREAS, starting in approximately 2015, CCDC ceased reimbursing the City for the carrying costs of the 100 acre-foot water allocation CCDC acquired from Pismo-98; and WHEREAS, the City filed suit against CCDC in 2015 to recover the carrying costs, and the matter was set for trial in November 2022; and
WHEREAS, the City and CCDC have agreed to resolve the lawsuit through a settlement agreement and modification to the water pre-sale agreement that will transfer 80 acre- feet of the CCDC allocation to the City permanently without cost to the City, with CCDC retaining the rights to 20 acre-feet of the allocation for potential future use.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves the Settlement Agreement/Amendment to Water Pre-sale Agreement substantially in the form attached hereto as Exhibit A, and authorizes the City Manager to execute the agreement on behalf of 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 4th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

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________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

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12872-0006\2723624v1.doc

SETTLEMENT AGREEMENT/AMENDMENT TO AGREEMENT FOR PRE-SALE OF

STATE WATER
This Agreement (the “AGREEMENT”), dated October 4, 2022, is entered into by and between Pacific Harbor Homes, LLC, Pacific Harbor Homes, Inc., and Central Coast Development Company (“CCDC”) on the one hand, and the City of Pismo Beach (CITY) on the other hand, collectively the PARTIES, on the following terms and conditions:

RECITALS
A. On May 21, 1992 the CITY entered into an agreement with Pacific Coast Homes (“PCH”)––the Agreement for Pre-Sale of State Water (the “PCH AGREEMENT”). Under the PCH AGREEMENT, the CITY among other things, (i) agreed to obtain an additional allocation of State of California Water Project water (“STATE WATER”) in the amount of 140 acre-feet per year (the “ADDITIONAL ACRE-FEET ALLOCATION”), and (ii) granted to PCH an exclusive right to use the ADDITIONAL ACRE-FEET ALLOCATION on specific property subject to certain conditions.

B. Gragg Canyon Ranch, LLC (“GRAGG CANYON”), as successor to PCH, subsequently assigned all of its right, title, and interest under the PCH AGREEMENT to Pismo- 98, LLC, an Arizona limited liability company (“PISMO-98”). Concurrently with the CITY’s consent to the assignment, the CITY, GRAGG CANYON, and PISMO-98 entered into Amendment Number 1 to the PCH AGREEMENT dated as of September 5, 2005, pursuant to which certain real property owned by PISMO-98 was substituted for the real property described in the original PCH AGREEMENT.

C. In 2011, Pismo-98 assigned its right, title, and interest in 100 acre-feet of the Additional Acre-Feet Allocation (the “100 ACRE-FEET ALLOCATION”) to CCDC, CCDC agreed to assume PISMO-98’s obligations regarding the payment of fixed and variable costs associated with the 100 ACRE-FEET ALLOCATION, and real property owned by CCDC was substituted for the PISMO-98 property. The PCH AGREEMENT, Amendment No. 1, and the agreements regarding the assignment and assumption of obligations related to the 100 ACRE- FEET ALLOCATION are referred to herein collectively as the “STATE WATER AGREEMENTS.”
D. On November 24, 2015, the CITY filed a Complaint for Breach of Contract and Declaratory Relief against Pacific Harbor Homes, LLC, Pacific Harbor Homes, Inc., and CCDC (collectively “DEFENDANTS”) regarding payments the CITY alleged were due under the STATE WATER AGREEMENTS––City of Pismo Beach v. Pacific Harbor Homes, Inc., et al. (San Luis Obispo County Case No. 15CV0627) (the “LAWSUIT”).

E. DEFENDANTS and the CITY now wish to settle their differences with respect to the LAWSUIT, and amend their obligations under the STATE WATER AGREEMENTS.

NOW, THEREFORE, in consideration of the foregoing recitals and the promises, mutual covenants and warranties set forth herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:

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TERMS OF SETTLEMENT

1. Assignment of 80 Acre-Feet of the 100 ACRE-FEET ALLOCATION to CITY CCDC hereby transfers and assigns to CITY permanently and without cost, and the CITY hereby accepts, CCDC’s interest in 80 acre-feet of the 100 ACRE-FEET ALLOCATION.

2. CCDC Retains Right to 20 Acre-Feet of the 100 ACRE-FEET ALLOCATION

2.1. The remaining 20 acre-feet of the 100 ACRE-FEET ALLOCATION shall remain a CCDC asset (the CCDC ALLOCATION”). However, until CCDC notifies CITY under paragraph 3.1 below that CCDC intends to use the CCDC ALLOCATION (if and when the CCDC development is approved by the County of San Luis Obispo, or another agency), CITY may use the CCDC ALLOCATION as it sees fit, without notice or payment to CCDC.

2.2. All costs and obligations associated with the CCDC ALLOCATION shall be borne by the CITY, until such date as CCDC notifies the CITY under paragraph 3.1 below that CCDC intends to use the CCDC ALLOCATION, or any portion thereof. From that date forward, CCDC shall be obligated to pay both fixed and variable costs associated with the CCDC ALLOCATION, as contemplated in the STATE WATER AGREEMENTS.

2.3. If CCDC decides not to pursue development of its property, if another source of water is located, or for any other reason, CCDC may sell or transfer the CCDC ALLOCATION pursuant to the terms of the STATE WATER AGREEMENTS.

2.4. If CCDC does not, however, develop its property within fifteen (15) years of the date of this AGREEMENT, or for any reason fails to call for, sell, or transfer the CCDC ALLOCATION within that 15-year period, then all rights, title, and interest in the CCDC ALLOCATION shall automatically revert to CITY permanently, and at no charge to either party.

3. CCDC’s Use of the CCDC ALLOCATION

3.1. If and when CCDC wants access to the CCDC ALLOCATION for use on CCDC’s property, it must notify the CITY, in writing, before October 1st of the preceding year.

The notice must be in writing and delivered to the CITY clerk, with copies to the CITY’s City Attorney, City Manager, and Director of Public Works/City Engineer.

3.2. If and when CCDC notifies the CITY as described in paragraph 3.1, the CITY will make the CCDC ALLOCATION available to CCDC through use of the CITY’s existing infrastructure, as allowable by law. The PARTIES recognize that approvals from the San Luis Obispo Local Agency Formation Commission (“LAFCO”), or other agencies, may be necessary to allow delivery of the CCDC ALLOCATION to CCDC or its transferee. Any applications to LAFCO, or any other agency, shall be the sole responsibility of CCDC and at the sole cost of CCDC. The CITY shall not object or oppose any application to allow delivery of the CCDC ALLOCATION that is consistent with this AGREEMENT.

3.3. The PARTIES also recognize that additional infrastructure may be required to allow for delivery of the CCDC ALLOCATION. Any additional infrastructure that is

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needed to facilitate delivery of the CCDC ALLOCATION will be the sole responsibility of CCDC. The CITY will not construct, nor be responsible for the constructing, any additional infrastructure for the sole benefit of CCDC, or its successor in interest.

4. Waiver/Release
The CITY has alleged in the LAWSUIT that DEFENDANTS owe CITY past due amounts of fixed and variable costs of the 100 ACRE-FEET ALLOCATION. In response DEFENDANTS have alleged that the CITY used a portion of the 100 ACRE-FEET ALLOCATION without notice or payment to DEFENDANTS.

Effective as of the date of this AGREEMENT, the PARTIES waive any right to recover any amounts potentially owed to the other for costs associated with the 100 ACRE-FEET ALLOCATION through the date of this AGREEMENT. The PARTIES expressly waive any and all provisions, rights, and benefits conferred by California Civil Code section 1542 or any law of any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to the provisions of California Civil Code section 1542, including that provision itself, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.

The PARTIES intend, in executing this AGREEMENT and doing the acts called for herein, that this AGREEMENT constitutes a full and final accord and satisfaction and settlement of and a bar to each and every item hereby released. In connection with such waiver, the PARTIES acknowledge that they are aware that they may hereafter discover facts different from or in addition to the facts they now know or believe to be true.

5. Dismissal With Prejudice
Within ten (10) court days of this AGREEMENT being fully executed by the PARTIES the CITY will request dismissal of the LAWSUIT, with prejudice.

6. Costs and Fees
Each party shall bear its own costs and attorneys’ fees.

7. Representations and Warranties

7.1. This AGREEMENT contains the sole and entire agreement and understanding of the PARTIES with respect to the entire subject matter of this AGREEMENT, and any and all prior discussions, negotiations, commitments, or understandings related to this AGREEMENT, if any, are merged in this AGREEMENT. No representations, oral or otherwise, express or implied, other than those contained in this AGREEMENT, have been or shall be

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deemed to have been made by any party. This AGREEMENT may not be amended, canceled, revoked or otherwise modified except by written agreement executed by all PARTIES.

7.2 The advice of legal counsel has been obtained by each of the PARTIES prior to the execution of this AGREEMENT. A responsible director, officer, board member or elected official of each party has read this AGREEMENT and understands the contents hereof.

Each party represents that it is fully able to comply with the terms of the AGREEMENT and will be remain able to comply with said terms for the foreseeable future. Each director, officer, board member or elected official executing this agreement on behalf of such party is empowered to do so and to thereby bind said party. Each of the PARTIES hereby executed this AGREEMENT voluntarily.

7.3 The PARTIES represent and warrant that no part of any claim or cause of action which it had, has, or might have, arising out of, or in any way related to, the matters that are the subject of this AGREEMENT, has been assigned or transferred in any manner to any other person or entity not a party to this AGREEMENT.

8. Enforcement of Settlement
In any proceeding to enforce any rights and/or construe any obligations under this AGREEMENT, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs in connection therewith, including reasonable attorneys’ fees and costs relating to any and all appeals or petitions taken with respect to any such action or proceeding.

9. Interpretation
The various headings of the paragraphs of this AGREEMENT have been inserted for convenience of reference only and shall not affect the meaning or interpretation of this AGREEMENT or any of its provisions.

The Court shall retain jurisdiction to enforce the terms of this AGREEMENT, pursuant to Code of Civil Procedure section 664.6. This AGREEMENT shall be interpreted and enforced in accordance with the laws of the State of California, provided that no provision of this AGREEMENT shall be interpreted for or against a party because that party or parties’ legal representative drafted such provision, and that this AGREEMENT shall be construed as if jointly prepared by the parties.

10. Severability
If any part of this AGREEMENT is determined or adjudicated to be invalid, unenforceable, or void for any reason whatsoever, each such part shall be severed from the remaining parts, and shall not affect the validity or enforceability of such remaining parts.

11. Counterparts
This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original. A facsimile or electronic signature shall be deemed to be the equivalent of

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-5-
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the actual signature. All counterparts so executed shall constitute one AGREEMENT binding all the parties hereto.

DATED: October ___, 2022 LAW OFFICE OF K.M. NEISWENDER

By:

Kate Neiswender
Attorneys for Defendants Pacific Harbor Homes, Inc.,
Pacific Harbor Homes, LLC, and Central Coast
Development Company

DATED: October ___, 2022 Pacific Harbor Homes, Inc., Pacific Harbor Homes, LLC, and Central Coast Development Company
By:__________________________________
Darin Kruse
President of Pacific Harbor Homes, Inc., and Central
Coast Development Company

DATED: October ___, 2022 RICHARDS WATSON & GERSHON
A Professional Corporation
By:

David Fleishman
Attorneys for Plaintiff

CITY OF PISMO BEACH

DATED: October ___, 2022 CITY OF PISMO BEACH

By:

CITY OF PISMO BEACH

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.L

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:
 The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.

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.

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

The City Council inaugurated its use of AB 361 provisions by holding a totally teleconferenced meeting via Zoom on October 5, 2021, and then adopted the recommended findings at each of its regular meetings since October 19, 2021. Following the state’s removal of the indoor mask mandate for vaccinated individuals on February 16, 2022, the City Council transitioned to fully hybrid meetings where the legislative body members, staff, and the public may attend the meeting either in person, or virtually.

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

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

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

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

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

2. The following circumstances exist:
 The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.

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FISCAL IMPACT:

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

ALTERNATIVES:

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

ATTACHMENTS:

None.

Submitted by: Meeting Date: October 4, 2022
Erica Inderlied, City Clerk
City Manager Approval:

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A

SUBJECT/TITLE:

JOINT POWERS AGREEMENT TO ESTABLISH THE CENTRAL COAST BLUE JOINT

POWERS AUTHORITY

RECOMMENDATION:

BACKGROUND:

At its March 1, 2022 meeting, the City Council authorized a Cost Sharing Agreement with the cities of Grover Beach and Arroyo Grande for the Central Coast Blue Project (CCB).

CCB will help address the threat of seawater intrusion into existing groundwater wells by injecting treated recycled water into the Santa Maria Groundwater Basin. Phase 1 of CCB will treat wastewater from Pismo Beach’s wastewater treatment plant to an advanced purification level to create between 900 and 1,000 acre-feet of additional water per year.

This new developed water will be injected into the basin at key locations to help to ensure that a sufficient barrier exists within the basin to keep seawater from flooding into the aquifer and contaminating the wells used by the cities. As a result, CCB will support the City’s ability to rely on groundwater to supply water to its existing residents and businesses into the future, and it will reduce vulnerability to drought and seawater intrusion by creating a seawater intrusion barrier and supplementing the naturally occurring groundwater.

The Cost Sharing Agreement was the culmination of discussions among the three agencies on how to allocate the future costs for CCB. A copy of the March 1, 2022 staff report is provided as Attachment 2. The report contains additional information regarding the process leading up to approval of that agreement, as well as information related to the financing for CCB. The Cost Sharing Agreement also contemplated creation of a joint powers authority (JPA), a separate legal public entity from the three cities, that will own and operate CCB. The attached JPA agreement entitled “Joint Exercise of Powers Agreement Creating the Central Coast Blue Regional Recycled Water Authority” (Attachment 1A) has been negotiated by the three cities to establish the JPA. The proposed JPA will have the power to issue debt, receive grant funding, and enter into loans or financing agreements to finance the construction costs for Phase 1 of the Project.

As contemplated in the Cost Sharing Agreement, the joint powers agreement contains provisions addressing transfer of the facility site currently owned by Pismo Beach to the JPA, ownership of the facility’s improvements, and financing of construction costs, including repayment obligations of the parties consistent with the Water Purveyor Contribution percentages identified in the Cost Sharing Agreement. The JPA Agreement is now being presented to the City Council for its consideration and approval.

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The CCB JPA Agreement contains provisions to provide for the ongoing operation of CCB. It provides that the new Central Cost Blue Regional Recycled Water Authority will have the responsibility for the operation and maintenance of CCB and will own the Facility Sites, Facilities, Ancillary Facility Sites and Ancillary Facilities, which are defined in the Agreement. It references and incorporates the Cost Sharing Agreement. It has also been reviewed and revised by bond counsel to address and facilitate anticipated future financing for the project.

The JPA Agreement contains provisions relating to:

 The powers of the Authority (e.g., to make contracts, employ staff and consultants, acquire and dispose of property, issue bonds and incur debts and liabilities, apply for grants, etc.).
 The governance of the Authority. There will be a Board of Directors, which will have a Chair and Vice-Chair, will meet at least quarterly, and will consist of one representative of each city, as well as one alternate. Except for reimbursement for actual costs and expenses, the Board will serve without compensation from the Authority.
 An annual budget process. In March of each year, the Board will adopt a preliminary budget and an allocation of contributions from the Member Agencies for presentation to each of the Member Agencies’ governing bodies. The governing body of each Member Agency will then review and comment on the preliminary budget and allocation of contributions. The Board will adopt a final budget prior to July 1 of each year and adopt an allocation of contributions from the Member Agencies to be consistent with the percentages agreed to for Pre-Construction and Construction costs for Phase 1 of the Project (i.e., Pismo Beach 39%, Arroyo Grande 25%, and Grover Beach 36%). Each annual budget will be adopted by an affirmative unanimous vote of the Directors, except that the first annual budget may be adopted by a majority vote.
 Construction financing, operations and maintenance costs, capital improvement costs, and debt service. In connection with the issuance of debt, each party will enter into a Financing Agreement with the Authority securing the obligation of such party to make payments on its share of debt service. The Financing Agreements will stipulate that payment to the Authority is a special limited obligation payable solely from system net revenues of each party’s Enterprise Fund.  Termination, indemnification and withdrawal of Member Agencies and the effect of withdrawal, including continuing liability; the Agreement makes it clear that the debts, liabilities, and obligations of the Authority are not the debts, liabilities and obligations of any of the Member Agencies.

Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) authorizing the Mayor to execute a Joint Exercise of Powers Agreement (Attachment 1A) that will create the Central Coast Blue Regional Recycled Water Authority.

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FISCAL IMPACT:

The adoption of the JPA agreement itself is not expected to create a fiscal impact other than the cost of staff time needed to begin the process of transferring the Huber Street property (well site) to the JPA and otherwise administering the JPA Agreement. The costs of the Central Coast Blue project itself have been the topic of recent discussions by the City Council, and those costs will be reviewed further as additional grant funding is identified and project plans are further refined.

At present, total costs for the Project are currently estimated to be $92,595,000. To date, $17,120,000 in federal and state grants have been awarded to fund the Project. It is anticipated that the Project could receive an estimated $29,178,000 of additional federal and state grants, which would reduce these costs. The City’s portion of the estimated remaining $46,297,000 in Project costs is $18,055,830. All or a portion of this amount would be financed and supported by the Water and Wastewater Enterprise Funds. In addition to the pre-construction and construction costs of the project, the three Cities will also support their share of operating and maintenance costs of the Central Coast Blue facility, which is currently projected to begin in 2026.

ALTERNATIVES:

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

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Draft JPA Agreement

2. February 15, 2022 staff report regarding cost sharing agreement, continued to March 1, 2022 meeting
Submitted By: Meeting Date: October 4, 2022
Dave Fleishman, City Attorney
City Manager Approval:

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RESOLUTION NO. R-2022-XXX

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

CALIFORNIA APPROVING A JOINT EXERCISE OF POWERS AGREEMENT

CREATING THE CENTRAL COAST BLUE REGIONAL RECYCLED WATER

AUTHORITY, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT

ON BEHALF OF THE CITY
WHEREAS, the City of Pismo Beach is the lead agency for Central Coast Blue, a regional recycled water project that will enhance groundwater supply reliability by injecting advanced purified water into the Santa Maria Groundwater Basin; and WHEREAS, the partner agencies, which consist of the cities of Arroyo Grande, Grover Beach, and Pismo Beach, have previously entered into a Cost Sharing Agreement outlining how costs and benefits for the project will be distributed; and WHEREAS, costs will be shared by the three cities in proportion to their share of the benefits allocated to each jurisdiction as set forth in the Cost Sharing Agreement; and WHEREAS, the Cost Sharing Agreement contemplates creation of a Joint Powers Authority to own and operate the CCB facilities; and
WHEREAS, the three cities have negotiated a Joint Exercise of Powers Agreement to create the Central Coast Blue Regional Recycled Water Authority.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves the Joint Exercise of Powers Agreement Creating the Central Coast Blue Regional Recycled Water Authority substantially in the form attached hereto as Exhibit A, and authorizes the mayor to execute the agreement on behalf of 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 4th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

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A JOINT EXERCISE OF POWERS AGREEMENT

CREATING THE CENTRAL COAST BLUE REGIONAL

RECYCLED WATER AUTHORITY
THIS JOINT EXERCISE OF POWERS AGREEMENT ("Agreement") is made and entered into by and between the City of Arroyo Grande, a California municipal corporation (“Arroyo Grande”), the City of Grover Beach, a California municipal corporation (“Grover Beach”), and the City of Pismo Beach, a California municipal corporation (“Pismo Beach”). The cities may be individually referred to herein as a “Party” or collectively as the “Parties.”

RECITALS
WHEREAS, each Party to this Agreement is a public agency authorized and empowered to contract for the joint exercise of powers under Articles 1 through 4, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the State of California; and WHEREAS, in 1983, the Parties hereto entered into a voluntary groundwater management plan to manage the safe yield of the Arroyo Grande Groundwater Basin, which agreement was updated by the Parties through approval of the 2002 Agreement Regarding Management of the Arroyo Grande Groundwater Basin (the “Management Agreement”); and
WHEREAS, on April 30, 2002, the Parties hereto, among others, entered into a settlement agreement (the “Settlement Agreement”) related to a 1997 groundwater adjudication litigation filed by the Santa Maria Valley Water Conservation District, which reaffirmed the Management Agreement, established separate water management areas (the “Original Management Areas”) to be independently managed by the Parties and others, and requiring the Parties and others to develop an equitable cost sharing agreement for any newly constructed water resource and water production facilities within the Original Management Areas; and
WHEREAS, on June 30, 2005, the Parties hereto entered into a stipulation imposing a physical solution for ensuring the Arroyo Grande Groundwater Basin’s long-term stability (the “Stipulation”). The Stipulation adopted a local management approach, establishing three management areas (the “Current Management Areas”) and requiring a monitoring program to be established in each of the Current Management Areas; and
WHEREAS, on January 25, 2008, the Santa Clara Superior Court entered Judgment in the Santa Maria Groundwater Adjudication litigation approving the Stipulation, without qualification (the “Adjudication Decree”); and
WHEREAS, the Parties are participating in the Central Coast Blue Project to construct a regional recycled water project that will enhance supply reliability by injecting advanced purified water into the Northern Cities Management Area of the Santa Maria Groundwater Basin (“Project”). The Project will reduce vulnerability to drought and seawater intrusion by creating a seawater intrusion barrier and supplementing the naturally occurring groundwater; and
WHEREAS, Phase 1 of the Project includes construction of an Advanced Treatment Facility (“ATF”), treatment of secondary treated flows from Pismo Beach’s Wastewater Treatment Plant (“WWTP”), construction of approximately five injection wells and associated transmission lines, and injection of flows from the WWTP (“Phase 1”). Phase 1 proposes to treat wastewater from Pismo Beach to an advanced purification level to create between nine hundred (900) and one thousand (1,000) acre-feet of additional water per year; and

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WHEREAS, Phase 2 of the Project will include upgrades to the ATF to increase capacity, construction of approximately two additional injection wells and associated transmission lines, and injection of flows from the South San Luis Obispo County Sanitation District Wastewater Treatment Plant (“Phase 2”); and WHEREAS, Arroyo Grande, Grover Beach and Pismo Beach believe that the best way to achieve their joint goals in a way that is mutually beneficial is to form a joint powers agency under Articles 1 through 4, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the State of California ("Joint Exercise of Powers Act"); and
WHEREAS, by forming a joint powers agency ("JPA") under the Joint Exercise of Powers Act, the Parties believe they will be better able to, through a separate JPA, oversee and manage the planning and implementation, including but not limited to construction, operation and administration of, the Project.

NOW THEREFORE, in consideration of the above Recitals and of the mutual promises and agreements contained herein, the Parties agree as follows:

ARTICLE 1

GENERAL PROVISIONS

1.1 Definitions. Unless the context otherwise requires, the words and terms defined in this Section

1.1 shall, for the purposes of this Agreement, have the meanings herein specified.

1.1.1. Act means Articles 1 through 4, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6500) relating to the joint exercise of powers common to public agencies.

1.1.2. Agreement means this Joint Exercise of Powers Agreement.

1.1.3. Ancillary Facilities means injection wells, storage tanks, pump stations, associated piping, and any other equipment located on an Ancillary Facilities Site.

1.1.4. Ancillary Facilities Sites means any real property or real property interest held by the Authority for purposes of the Project, excluding the Facility Site.

1.1.5. Annual Budget means the budget adopted pursuant to Section 6.2.2 of this Agreement.

1.1.6. Authority means the Central Coast Blue Regional Recycled Water Authority, which is created by this Agreement.

1.1.7. Board or Board of Directors means the Board of Directors referred to in Article 2 of this Agreement, which is the governing body of the Authority.

1.1.8. Bonds means bonds, notes, commercial paper, and any other evidence of indebtedness of the Authority authorized and issued pursuant to the Act, any indebtedness issued or incurred by the Authority pursuant to any act supplementary to the Act, including, but not limited to, refunding bonds authorized and issued pursuant to Article 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.

1.1.9. Cost Sharing Agreement means the Cost Sharing Agreement for the Parties’ Participation in the Central Coast Blue Project dated March 14, 2022, a copy of which is attached hereto as Exhibit A and incorporated herein.

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1.1.10. Director means a member of the Board appointed to the Board pursuant to Section 2.2 of this Agreement.

1.1.11. Effective Date means the last date on which all Parties to this Agreement have executed the Agreement.

1.1.12. Facility or Facilities means the advanced water treatment facility that will receive and further treat wastewater influent from Pismo Beach’s WWTP, in Phase 1, which as of the date of this Agreement is proposed to be constructed on Assessor’s Parcel Number 060- 543-016 in the City of Grover Beach, including the Facility’s equalization basin, injection wells, storage tanks, pump station and associated piping and equipment from the Pismo Beach WWTP, but excluding the joint outfall shared by the South San Luis Obispo County Sanitation District and the City of Pismo Beach which both agencies use to discharge their municipal waste.

1.1.13. Facility Site means Assessor’s Parcel Number 060-543-016 in the City of Grover Beach, California.

1.1.14. Financing Agreement means any agreement between the Authority and a Member Agency securing the obligation of the Member Agency to make payments relating to Bonds or other obligations issued or incurred by the Authority in connection with the financing of the Facilities or the improvement, use or acquisition of real or personal property that is or will be owned or operated by the Authority, or to refinancing of such previously issued or incurred Bonds or other obligations.

1.1.15. Manager means the manager of the Authority.

1.1.16. Member Agency(ies) means Arroyo Grande, Grover Beach and Pismo Beach and any other entity added to this Agreement by a subsequent amendment.

1.1.17. Member of the Board or Board Member means and includes any duly appointed Director, Chair and/or Vice-Chair of the Board.

1.1.18. Party(ies) means those entities who have executed this Agreement or any Amendment to this Agreement and who have not withdrawn from the Authority.

1.2 Purpose. This Agreement is made pursuant to the Act by Arroyo Grande, Grover Beach and Pismo Beach, each of which is authorized to contract with the other pursuant hereto. The purposes of this Agreement are to create the Authority, provide for the administration of the Authority and to enable the Authority to: (1) take all actions necessary to operate, and maintain Phases 1 and 2 of the Project. Phase 1 includes construction of an ATF, treatment of all secondary treated flows from Pismo Beach’s WWTP, construction of approximately five injection wells and associated transmission lines, and injection of flows from the WWTP; and (2) pursue grant funding and financing options for the Project and future projects; and (3) collectively interact with regulatory agencies with oversight over the Parties and the Project.

1.3 Creation of Authority. Pursuant to the Act, there is hereby created a public entity known as the “Central Coast Blue Regional Recycled Water Authority." The Authority shall be a public entity separate and apart from the Member Agencies and shall administer this Agreement.

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1.4 Term. The term of this Agreement shall commence on the Effective Date and shall continue until terminated by the Parties as provided in Article 7 of this Agreement.

1.5 Phase 1, Project Facility Site Ownership, Construction Financing, and Operation

1.5.1. Phase 1 of Project. As set forth in Article III, Section 1 – Lead Agency Duties of the Cost Sharing Agreement, Pismo Beach will be Lead Agency and act as project developer through final completion of Phase 1 of the Project. As the Lead Agency, Pismo Beach will act as the construction manager for Phase 1 and will provide administration of construction and start-up of Phase 1 on behalf of the Member Agencies. The Parties shall pay their pro rata shares of Pre-Construction costs for any professional service expenses incurred by Pismo Beach in connection with obtaining such Phase 1 approvals, in accordance with Section 6.3.2 below.

1.5.2. Ownership of Facility Sites and Facilities. Pismo Beach has previously purchased the Facility Site, which is located in Grover Beach and identified as Assessor’s Parcel Number 060-543-016 (“Facility Site”). Within sixty (60) days of the Effective Date of this Agreement, Pismo Beach shall transfer the Facility Site to the Authority. The Authority shall own all Facilities located at the Facility Sites, including, but not limited to, the real property, buildings, water and treatment facilities, and support infrastructure and assets, injection wells and related transmission lines.

1.5.3. Ownership of Ancillary Facilities Sites and Ancillary Facilities. The Authority shall own all Ancillary Facilities Sites and Ancillary Facilities located thereon.

1.5.4. Financing of Construction Costs. To finance Construction Costs, as defined in the Cost Sharing Agreement, the Authority shall apply for and obtain financing for such costs through the issuance of Bonds, entering into loans or Financing Agreements or any other financing mechanisms not otherwise covered by grant funding awarded to the Project.

Any loans entered into and secured for construction of the Project may consist of separate installment sale agreements based on the respective share of each Member Agency, and any prepayment may be paid either directly to the Authority by each Party consistent with the Water Purveyor Contribution percentages identified in Section 6.3.2 hereof or directly to the grant funding agency or bond trustee, depending on the funding mechanism. In the event that the Authority is not able to finance the Construction Costs as described in this Section 1.5.4, the Parties will seek financing consistent with the financing plan described in Article III, Section 1.c of the Cost Sharing Agreement for its respective share of Construction Costs.

1.5.5. Operation and Maintenance of the Facilities. The Authority will have total responsibility for the operation and maintenance of the Facilities.

1.5.6. Procurement Methods. The Board may adopt such policies relating to procurement of services, equipment, supplies and other materials needed to accomplish the purposes of this Agreement.

1.6 Powers of Authority

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1.6.1. General Powers. The Authority shall exercise, in the manner herein provided, the powers which are common to each of the Member Agencies, powers otherwise permitted under the Act, and powers necessary to accomplish the purposes of this Agreement.

1.6.2. Specific Powers. Subject to the limitations set out in Section 1.6.1, the Authority is hereby authorized, in its own name, to do all acts necessary, convenient and appropriate for the exercise of the foregoing powers for the purposes set forth in this Agreement and to do any or all of the following:
i.To make and enter contracts, including contracts with its Member Agencies; ii.To employ agents, attorneys, consultants and employees or to contract for personnel to fulfill its mission and purpose. The Authority shall not contact employees of the Member Agencies at their current places of employment about employment opportunities with the Authority;
iii.To lease, acquire, construct, manage, maintain or operate any building, works or improvements;
iv.To lease, acquire, hold or dispose of real or personal property; v.To acquire and hold property, including funds, Project agreements and other obligations of any kind, and pledge, encumber or assign the same, or the revenues therefrom or any portion of such revenues, or other rights, whether then owned or possessed, or thereafter acquired, for the benefit of the bondholders, and as security or additional security for any bonds or the performance of obligations under an indenture;
vi.To provide for the advance of bond proceeds and other funds pursuant to Project agreements as necessary to pay or reimburse for Project costs; vii.To borrow money and issue Bonds and incur debts, liabilities or obligations for the purpose of paying all or any part of the costs of the Project or for any other authorized purpose, which do not constitute a debt, liability or obligation of any Member Agency;
viii.To receive gifts, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations, and governmental entities, provided that the Authority consents to such gifts, contributions and donations;
ix.To fix the compensation, if any, paid to the Board of Directors, Secretary, Treasurer, Controller and Attorney, in compliance with all applicable laws; x.To prescribe the duties, compensation and other terms and conditions of employment of other agents, officers and employees;
xi.To adopt reasonable rules and regulations for the conduct of the day-to-day operations of the Authority;

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xii.To apply for, accept, receive and disburse grants, loans and other aid from any agency of the United States of America or of the State of California; xiii.To sue and be sued in its own name;
xiv.To enter into Financing Agreements, state funding agreements and federal funding agreements relating to the Project, and assume rights and obligations pursuant to these agreements;
xv.To invest money in the treasury, pursuant to Government Code Section 6505.5, that is not required for the immediate necessities of the Authority, as the Authority determines advisable, in the same manner and on the same conditions as local agencies, pursuant to Section 53601 of the Government Code; xvi.To contract and pay compensation for professional, financial, and other services; xvii.To carry out and enforce all provisions of this Agreement; xviii.To exercise any and all powers which are provided for in the Act and in Government Code section 6584 et seq., including, without limitation, Government Code section 6588, as they exist on the Effective Date of this Agreement or may hereafter be amended;
xix.To exercise any power necessary or incidental to the foregoing powers.

ARTICLE 2

BOARD OF DIRECTORS

2.1. Creation. The Authority shall be governed by a board of three (3) members, which is hereby established and which shall be composed of one (1) representative appointed from each Member Agency.

The governing board shall be known as the "Board of Directors of the Central Coast Blue Regional Recycled Water Authority." All voting power shall reside in the Board.

2.2. Members of the Board of Directors.

2.2.1. Directors Appointed. Upon the Effective Date of this Agreement, each Member Agency which has not already done so shall designate and appoint, by resolution or minute order of its governing body, one (1) member of its governing body to act as its representative on the Board of Directors, and one individual to act as an alternate to each Director so appointed. The alternate appointed by each Member Agency shall have the authority to attend, participate in and vote at any meeting of the Board when the regular member is absent.

2.2.2. Membership. Each Director and alternate of the Board of Directors shall serve until a successor is appointed; provided, however, each Director and alternate serves at the pleasure of the appointing Member Agency's governing body and may be removed at any time, with or without cause, at the sole discretion of the appointing Member Agency governing body. If a Director or alternate's membership on the appointing Member Agency's governing body ceases, his or her membership on the Board shall also cease.

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2.2.3. Chair. The Board of Directors shall elect one of its members as Chair of the Board. The term of office for the Chair of the Board shall be one (1) year. The Chair of the Board shall preside at all meetings and shall perform such other duties as are specified by the Board of Directors.

2.2.4. Vice-Chair. The Board of Directors shall elect one of its members as Vice-Chair. The term of office for the Vice-Chair shall be one (1) year. The Vice-Chair shall perform all the duties of the Chair of the Board in the absence of the Chair of the Board or in the event the Chair of the Board is unable to perform such duties, and shall perform such other duties as are specified by the Board of Directors.

2.2.5. Board Compensation. Except for reimbursement for actual costs and expenses, the Board shall serve without compensation from the Authority. Compensation may be provided as approved by the Member Agencies appointing each Director and alternate, and any such compensation will be the responsibility of the Member Agency.

2.2.6. Reimbursement of Costs. Each Board Member is entitled to reimbursement for their travel, meals, lodging and other actual and necessary expenses incurred in the performance of the duties required or authorized by the Board pursuant to Government Code Section 53232.2.

2.3. Powers of the Board. All the power and authority of the Authority shall be exercised by the Board of Directors.

2.4. Provision for Bylaws. The Board may cause to be developed and may adopt, from time to time, such bylaws for the Authority to govern its day-to-day operations. Each Member Agency shall receive a copy of any bylaws developed and adopted under this Section.

ARTICLE 3

MEETINGS OF THE BOARD

3.1 Meetings. The Board shall provide for its regular meetings by resolution; provided, however, that at least one regular meeting shall be held each fiscal quarter. The date, hour and place of the regular meetings shall be fixed by resolution of the Board and filed with the governing body of each of the Member Agencies. The Board may meet in joint session with other public agencies and advisory bodies in accordance with State law.

3.2 Ralph M. Brown Act. All meetings of the Board, including, without limitation, regular, adjourned regular, special, adjourned special, and emergency meetings, shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act, commencing with section 54950 of the Government Code.

3.3 Voting. Each Board Member shall have one vote. Except as otherwise provided by law or by this Agreement, all actions of the Board shall be approved on the affirmative vote of a majority of the Members of the Board.

3.4 Quorum. A majority of the Members of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time.

3.5 Minutes. The Secretary of the Authority shall cause minutes of regular, adjourned regular, special, adjourned special, and emergency meetings to be kept and shall, as soon as possible after each

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meeting, cause a copy of the minutes to be forwarded to each Member of the Board and to each Member Agency.

3.6 Rules. The Board may adopt from time to time such rules and regulations for the conduct of its affairs as may be required.

ARTICLE 4

OFFICERS AND EMPLOYEES OF THE AUTHORITY

4.1 Secretary. The Board of Directors shall appoint a Secretary who shall serve at the pleasure of the Board. The Secretary may, but need not, be a member of the Board of Directors. The Secretary shall be responsible for the minutes and other records of the proceedings of the Board of Directors and shall perform such other duties as the Board of Directors specifies.

4.2 Treasurer and Auditor Controller. Pursuant to Government Code Sections 6505.5 and 6505.6, the Authority's Treasurer and Auditor/Controller shall be the Manager's senior financial officer (such as its chief financial officer, director of finance, or finance manager as designated by the Manager. The Treasurer shall be the depository and have custody of all money of the Authority, from whatever source, and shall have all of the duties and obligations set forth in Sections 6505 and 6505.5 of the Government Code. The offices of Treasurer and Auditor/Controller may be held by separate individuals, or combined and held by one individual as the Board may elect. The Treasurer and Auditor/Controller shall serve at the pleasure of the Manager and may be removed at any time, with or without cause, in the sole discretion of the Manager.

4.3 Authority Attorney. The Attorney for the Authority, who may not be counsel to one of the Member Agencies, shall be engaged by the Board of Directors. The Attorney for the Authority or a designated deputy shall attend or participate in meetings of the Board of Directors; provided, however, that the absence of the Authority Attorney shall not affect the validity of any meeting. The Attorney shall perform such other duties the Board of Directors specifies.

4.4 Official Bond. Pursuant to Government Code section 6505.1, the public officer, officers or persons who have charge of, handle or have access to any property of the Authority shall file an official bond in an amount to be fixed by the Parties to this Agreement.

4.5 Additional Officers and Employees. The Board shall have the power to appoint such additional officers and to employ such employees, assistants, contractors, consultants and others as may be appropriate. Such power shall include, but not be limited to, the power to appoint a Manager for the purposes of managing and administering the Authority, and an Operator for the purposes of providing operations, maintenance, and similar services to the Authority. A Member Agency may be appointed as the Authority's Manager and/or Operator pursuant to a written agreement with the Authority.

ARTICLE 5

COMMITTEES

5.1 Committees. The Board of Directors, by a majority vote, may form committees for any purpose.

Such vote shall designate the method for appointing committee members, the scope of the duties and responsibility of the committee, whether the committee is a standing or ad hoc committee, and such other matters as the Board may deem appropriate.

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ARTICLE 6

FINANCES
Fiscal year. The Fiscal Year of the Authority shall be the period commencing on July 1 of each year and ending on and including the following June 30.

6.2 Annual Budget.

6.2.1 Interim Budget. The Board shall, within one hundred and twenty days (120) days of the Effective Date of this Agreement, approve an interim budget, which shall constitute the operating budget until the Annual Budget is adopted.

6.2.2 Annual Budget. Except for costs related to construction of Phase I, which shall be subject to the Cost Sharing Agreement, annually, in March of each year, the Board shall adopt a preliminary budget and an allocation of contributions from Member Agencies for presentation to each Member Agencies' governing body. The governing body of each Member Agency shall, no later than May 31 of each year, review and comment on the preliminary budget and allocation of contributions. Thereafter, annually, prior to July 1 of each year, the Board shall adopt a final budget for all expenses to be made by the Authority during the ensuing Fiscal Year and adopt an allocation of contributions from Member Agencies consistent with Section 6.3.2. Each annual budget shall be adopted and shall be effective on the affirmative unanimous vote of the Directors, except that the first Annual Budget may be adopted by an affirmative vote of a majority of the Directors.

Contributions for each Member Agency shall be due and payable to the Authority on a monthly basis with the first payment being made within thirty (30) days of approval of the budget.

6.2.3 Failure to Obtain Budget Approval. In the event the Board does not adopt a budget prior to the beginning of a fiscal year, the budgeted amounts of all expenses and allocation of contributions from Member Agencies shall remain the same as the amounts last approved by the Board in its most recently adopted budget; provided, however, that the amounts shall be increased by the Consumer Price Index ("CPI") with a minimum increase of no less than two percent (2%). The CPI shall mean the Consumer Price Index, Bureau of Labor Statistics, U.S. Department of Labor Consumer Price Index-All Urban Consumers, All Items, Los Angeles-Long Beach-Anaheim CA for the twelve (12) month period ending the February prior to the beginning of the fiscal year, or if this index no longer exists, an index approved by a majority of the Board. This factor shall be applied to the budget until such time as a new budget is adopted by the Board. Any shortfall in revenues shall be made up from available reserves dedicated by the Board for such purpose and, if insufficient to cover the shortfall, any available reserve funds which have not been designated by the Board for a particular purpose or otherwise legally restricted for other purposes. Reserves shall mean any available cash or investments.

6.3 Funds, Accounts and Reports. There shall be strict accountability of all funds and reporting of all receipts and disbursements.

6.3.1 Sources of Funds. The sources of funds available to the Authority may include, but are not limited to, the following:

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i.Grants, donations, and loans received by the Authority from local, State, or Federal agencies or from individuals or businesses.
ii.Funds collected as user charges or user fees by Member Agencies. iii.Funds collected from Members pursuant to this Agreement. iv.Funds received from State and Federal disaster relief agencies. v.Funds obtained by issuing Bonds.
vi.Funds collected pursuant to a Financing Agreement.
vii."In kind" contributions from Member Agencies.
viii.Funds from any other source derived.

The Authority shall arrange for the receipt of such funds from the above sources as are available to the Authority and as are necessary for the conduct of the Authority's activities. Member Agencies may, in the appropriate circumstances: (a) make contributions from their treasuries for the purposes set forth in this Agreement; (b) make payments of public funds to defray the cost of such purposes; and (c) make advances of public funds for such purposes. The provisions of Government Code section 6513 are incorporated into this Agreement.

6.3.2 Water Purveyor Contributions. The Parties shall pay their pro rata share of all Pre- Construction and Construction Costs incurred by Pismo Beach in connection with Phase 1 of the Project.

The Parties agree to the following cost allocation of the total Pre-Construction and Construction costs for Phase 1 for each Party:
i.Arroyo Grande shall contribute 25%.
ii.Grover Beach shall contribute 36%.
iii.Pismo Beach shall contribute 39%.
. As provided in Section 6.2.2, annual contributions by Member Agencies for ongoing operations shall be consistent with the above percentages.

6.3.3 Accounts. Revenues or funds received or made available to the Authority from any source whatsoever, shall be deposited into accounts that may be established by the Authority and may be expended by the Authority in any legal manner, subject to such reservations as may be imposed by the Authority from time to time.

6.3.4 Reports. The Treasurer shall, within one hundred and eighty days (180) days after the close of each Fiscal Year, give a complete written report of all financial activities for such fiscal year to the Board of Directors and to each Member Agency. The Authority's books and records shall be open to inspection at all reasonable times by representatives of each Member Agency.

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6.4 Payments and Advances. No expenditures in excess of those budgeted shall be made without approval of a revised or amended budget, which may from time to time be submitted to and approved by the Board of Directors.

6.5 Audit. The Treasurer and Auditor/Controller shall cause an annual audit of the accounts and records of the Authority to be made and reported in accordance with Sections 6505 through 6505.6 of the Government Code. The audit shall be conducted by an independent certified public accountant. The audit shall conform to generally accepted auditing standards. Such report shall be filed within twelve (12) months of the end of the Fiscal Year under examination.

ARTICLE 7

COST ALLOCATION

7.1 Operations and Maintenance Costs. Each Party shall pay its allocated share of all expenses incurred by the Authority for administration, operation, and maintenance of its Facilities and Ancillary Facilities based on the Water Purveyor Contribution percentages.

7.2. Capital Improvement Costs. Capital improvement costs to acquire, construct, or improve Facilities and Ancillary Facilities shall be subject to allocation between the Parties based on the Water Purveyor Contribution percentages.

7.3 Debt Service. In connection with the issuance of Bonds or the incurrence of other obligations by the Authority to finance or refinance Construction Costs or capital improvement costs to acquire, construct or improve Facilities and Ancillary Facilities, each Party shall negotiate a Financing Agreement with the Authority that includes provisions by which each Party shall make payments with respect to such Party’s share of debt service on the Bonds or other obligations incurred by the Authority, consistent with any pre-existing contractual obligations of each Party.

Each Financing Agreement will stipulate that the debt service payments made by a Party to the Authority will be subject to the payment limitations set forth in Article IV, Section 5 of the Cost Sharing Agreement. For purposes of this Section 7.3, the provisions of Article IV, Section 5 of the Cost Sharing Agreement shall continue in full force and effect in the event that the Cost Sharing Agreement shall terminate.

At the time of a Bond issuance or the entering into of any other obligation by the Authority, if a Party elects to pay its share of the capital improvement costs in full with cash, it will not be allocated any share of the debt service on such Bonds or other obligations incurred by the Authority, and will not be required to enter into a Financing Agreement with the Authority, for that Bond issuance or obligation.

ARTICLE 8

TERMINATION/WITHDRAWAL/AMENDMENT

8.1 Duration and Termination. This Agreement shall become effective as of the Effective Date and shall continue in full force and effect until terminated by the mutual written agreement of all Member Agencies, which agreement shall meet the requirements imposed by the terms and conditions of all outstanding bonds, notes, warrants, indentures and other evidences of indebtedness; provided, however, that this Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of the Authority.

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8.2 Withdrawal. Notwithstanding any other provision of this Agreement, any Member Agency may withdraw from the Authority by providing the Authority with one hundred eighty (180) days written notice of its intent to withdraw. A withdrawal from the Authority constitutes a withdrawal of that Member Agency's representatives from the Board of Directors.

8.3 Effect of Withdrawal. The withdrawal of a Member Agency shall not terminate its responsibility to contribute its share of any obligation incurred by the Authority, including amounts determined by the Board for (1) liabilities and claims accrued during the time the agency was a Member Agency or (2) budgeted expenses for the Fiscal Year in which notice of intent to withdraw is given. Except as the withdrawing Member Agency may agree, in writing, with the Board, the withdrawing Member Agency shall automatically relinquish all rights as a Member Agency under this Agreement, on the effective date of the withdrawal. Upon termination of this Agreement, a Member Agency that has withdrawn will be treated like all other Member Agencies for purposes of disbursement of Authority assets, unless otherwise agreed in writing.

8.4 Disbursement. Upon termination of this Agreement and after payment of all liabilities, costs, expenses and charges validly incurred under this Agreement, all remaining assets of the Authority shall be disbursed among Member Agencies, including any Member Agencies which previously withdrew from the Authority. All assets shall be divided among the Member Agencies in accordance with and proportionate to the Water Purveyor Contribution amounts stated in Section 6.3.2, if it is feasible to do so.

8.5 Amendment. This Agreement may be amended at any time by the written approval of the governing body of each Member Agency upon recommendation of a majority of the Board of Directors of the Authority.

ARTICLE 9

SPECIAL PROVISIONS

9.1 Insurance. The Authority shall maintain types and levels of insurance coverage for the Authority as the Board of Directors determines to be reasonably adequate, provided, however, that each Member Agency shall be named as an additional insured on such policy of and/or agreement for insurance coverage.

9.2 Liability of Authority, Board, Officers, Employees. Pursuant to Government Code section 6508.1, the debts, liabilities, and obligations of the Authority shall not be the debts, liabilities and obligations of any of the Member Agencies or any of their respective members, officers, directors, employees or agents. The Authority, its Directors, officers, employees, staff and agents shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No Member Agency, its officer, director or employee shall be responsible for any action taken or omitted by any other Member Agency, or its officers, or employees or the Authority, its officers, or employees.

9.3 Indemnity. The Authority shall indemnify, defend and hold harmless the Board of Directors, the individual Member Agencies, and their elected officials, members, officers, directors, employees and agents from and against any and all liability, loss, damages, expenses, costs (including, without limitations, costs and fees of litigation or arbitration) of every nature, arising out of any act or omission related to this Agreement, including, but not limited to those related to the use of any property and/or facility of any Member Agency, The Authority shall indemnify, defend and hold harmless the individual Member Agencies, and their elected officials, members, officers, directors, employees and agents from and against any and all liability, loss, damages, expenses, costs (including, without limitations, costs and

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fees of litigation or arbitration) of every nature, arising out of any willful misconduct of the Authority Board of Directors or its Board Members, officers or employees. Further, the duty of the Authority to indemnify, defend and hold harmless shall not extend to the activities of the individual Member Agencies, and their members, officers, directors, employees and agents that are outside the scope of this Agreement.

The Authority's duty to indemnify each Member Agency pursuant to this Agreement shall survive that Member Agency's withdrawal from the Agency. This section shall not be deemed to supersede, extinguish, or modify the indemnification provisions in the Cost Sharing Agreement.

9.4 Conflict of Interest Code. The Authority shall, by resolution, adopt a conflict of interest code as required by law.

ARTICLE 10

MISCELLANEOUS PROVISIONS

10.1 Severability. If any section, clause or phrase of this Agreement or the application thereof to any Party or any other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it shall be deemed severable, and the remainder of the Agreement or the application of such provisions to the other Party or to other persons or circumstances shall not be affected thereby. Each Party hereby declares that it would have entered into this Agreement, and each subsection, sentence, clause and phrase thereof, irrespective that one or more sections, subsections sentences, clauses or phrases or the application thereof might be held invalid.

10.2 Notices. Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or by registered or certified mail, postage prepaid to the respective Parties, as follows:

City of Arroyo Grande
Attention: City Manager
300 E Branch Street
Arroyo Grande, CA 93420
City of Pismo Beach
Attention: City Manager
760 Mattie Road
Pismo Beach, CA 93449
City of Grover Beach
Attention: City Manager
154 S. Eighth Street
Grover Beach, CA 93433

10.3 Other Obligations. The responsibilities and obligations of each Party to this Agreement shall be solely as provided in this Agreement, or as may be provided for in other agreements to be executed by the Parties, including but not limited to the Cost Sharing Agreement. In the event there is any conflict between this Agreement and the Cost Sharing Agreement, the provisions of this Agreement shall be controlling.

10.4 Consent. Whenever in this Agreement or in any amendment thereto consent or approval is required, the same shall not be unreasonably withheld.

10.5 Other Agreements Not Prohibited. Other agreements by and between the Parties of this Agreement or any other entity are neither prohibited nor modified in any manner by execution of this Agreement.

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10.6 Assignment. The rights, titles and interests of any Party to this Agreement shall not be assignable or transferable without the consent of the governing body of each Party hereto and the Board of Directors.

Any assignment of a membership in the Authority made under this Section 10.6 by the governing body of any Party hereto will not result in the novation of the assignor Member Agency’s obligations with respect to this Agreement, a Financing Agreement or any other agreement which may obligate the assignor Member Agency, unless such novation is agreed to in writing by such consenting Member Agency, the assignee and the assignor Member Agency.

10.7 Section Headings. The section headings herein are for convenience of the Parties only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement.

10.8 Laws of California. This Agreement is made in the State of California, under the Constitution and laws of such State, and shall be construed and enforced in accordance with the laws of such State.

10.9 Construction of Language. It is the intention of the Parties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid.

10.10 Cooperation. The Parties recognize the necessity and hereby agree to cooperate with each other in carrying out the purposes of this Agreement.

10.11 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto.

10.12 Enforcement. The Authority is hereby authorized to take any and all legal or equitable actions, including, but not limited to, an injunction and specific performance, necessary or permitted by law to enforce this Agreement.

10.13 Integration. This Agreement constitutes the full and complete Agreement of the Parties.

10.14 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same agreement. [Signatures on following page.]

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IN WITNESS WHEREOF, the Parties have caused this Joint Exercise of Powers Agreement to be executed and attested by their proper officers thereunto duly authorized on the day and year set forth below, making the same effective on the date signed by the last of all Parties hereto.

CITY OF ARROYO GRANDE: CITY OF PISMO BEACH:

By:

Caren Ray Russom, Mayor
Date:

By:

Ed Waage, Mayor
Date:

ATTEST:

By:

Jessica Matson, City Clerk
Date:

ATTEST:

By:

Erica Inderlied, City Clerk
Date:

APPROVED AS TO FORM:

By:

Timothy J. Carmel, City Attorney
Date:

APPROVED AS TO FORM:

By:

David M. Fleishman, City Attorney
Date:

CITY OF GROVER BEACH:

By:

Jeff Lee, Mayor
Date:

ATTEST:

By:

Wendi Sims, City Clerk
Date:

APPROVED AS TO FORM:

By:

David P. Hale, City Attorney
Date:

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B

SUBJECT/TITLE:

PLAN FOR ENHANCED COMMUNITY CLEANLINESS

RECOMMENDATION:

BACKGROUND:

One of the City Council’s top goals is to “build on the strength of our local community to preserve the City’s ‘Classic California’ charm and ensure an exceptional quality of life for residents.” On, August 16, 2022 the City Council directed staff to review options that would provide an exceptional level of service by enhancing maintenance in residential areas. To meet the expectations of the community, staff recommends that the City Council consider adding two Maintenance Worker I positions to the Public Works Department. One of these positions would operate as a full-time trash operator, and the other as full-time landscape technician.

Trash Operator
The Public Facilities Division of the Public Works Department is primarily comprised of two working groups, Streets and Government Buildings (Streets), and Parks. Streets is made up of one Lead Worker and four Maintenance Workers, while Parks is comprised of one Lead Worker, five Maintenance Workers and three part-time Maintenance Workers, for a total of 11 full-time employees and three part-time employees. One of the Parks Maintenance Workers is assigned to be the “Pier Plaza Attendant” who operates the “scrubber,” eliminates trash in the Pier Plaza, keeps the tables clean, and, when time allows, ensures that the Pismo Pier and Boardwalk (from Main Street to Addie Street) are clean and free of trash, stickers, and other debris. The Pier Plaza Attendant is assisted by two of the part-time positions, with the third part-time employee dedicated to the Chapman Estate.

Currently, the beach trash cans are emptied with the “Load ‘n’ Pack,” a specialized piece of equipment utilized by an employee working a modified schedule referred to as “trash rotation.” While on trash rotation, that employee has a four-day weekend prior to their trash rotation. and then works ten days straight, Wednesday through the following Friday, working 7:30 a.m. to 4:00 p.m. Monday through Friday, and 5:30 a.m. to 2:00 p.m. on the weekends. This schedule is shown in Table 1, below.

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Table 1. Current Trash Rotation Schedule
Sa Su M Tu W Th F Sa Su M Tu W Th F
NS off off X X X X X off off X X X X X
TR1 off off off off X X X X X X X X X X
TR2 X X X X X X X off off X X X X X
NE 1 1 10 10 11 11 11 1 1 11 11 11 11 11

NS = Normal Schedule
TR1 = Trash Rotation Week 1
TR2 = Trash Rotation Week 2
NE = Number of employees

With this schedule, the Public Facilities Division is short one employee on Mondays and Tuesdays, reducing productivity within the division by 16 working hours each week.

Further, during the summer, there is at least one employee who is shifted from normal duties to trash duties, resulting in that division losing 40 working hours.

By allocating one additional full-time employee to trash duties, the division will gain 56 hours of additional work per week, thus reinstating the trash rotation employee back on Mondays and Tuesdays in addition to the 40 hours worked by the new trash operator.

The proposed schedule is shown below in Table 2.

Table 2. Proposed Trash Rotation With Additional Employee Sa Su M Tu W Th F Sa Su M Tu W Th F
NS off off X X X X X off off X X X X X
TO X X X off off X X X X X off off X X
NE 1 1 12 11 11 12 12 1 1 12 11 11 11 11

NS = Normal Schedule
TO = Trash Operator
NE = Number of employees

In addition to emptying the trash cans on the beach, the trash operator will empty trash cans throughout the downtown core and outlying parks, helping to eliminate overflowing trash cans often seen throughout the City during busy weekends. To assist the trash operator, staff recommends the purchase of a small utility electric truck capable of maneuvering through the busy downtown traffic to haul the trash bags back to the corporation yard for disposal.

Currently, there are no contractors in the area who own or operate a Load ‘n’ Pack. To obtain a basis of comparison, staff asked contractors if they would be willing to operate the City’s Load ‘n’ Pack, although staff does not recommend this practice; however, none were willing to do so. Therefore, staff is unable to provide alternatives other than self- performing this service.

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Landscape Technician
The full-time landscape technician would be an additional employee to focus on removal of weeds within the right-of-way throughout the city, enhancing the appearance of medians along major arterials and in neighborhoods. Over the last several years, the City has added additional landscape areas, including the Pier Plaza, Shell Beach Road, Price Historical Park, and an expansion of Ebb Tide Park. Further, it is expected that the James Way Beautification Project will be completed early next year, adding more landscaping.

This position would ensure that the public right-of-way is better-maintained and would allow the Public Facilities Division to be able to provide a higher level of service to the community and meet the Council's goal to preserve the City’s “Classic California” charm and ensure an exceptional quality of life for residents.

Staff contacted several contractors to see if this level of landscape maintenance could be provided; the contractors indicated that, while this service could be provided, they were not willing to provide a quote due to the fact they were not sure of the level of effort it would take to meet the City’s expectations and clarity of what those expectations are. The City does contract with the Achievement House for litter removal in the downtown core, along major arterials, and the Shell Beach Streetscape, at a cost of approximately $100,000 per year. While the Achievement House performs well for the City, like most contractors they are unable to provide the responsiveness and “pride of ownership” that a City employee brings to the job.

Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) authorizing two additional Maintenance Worker I positions in the Public Facilities Division in the Department of Public Works.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution is estimated to be $250,000 in FY 2023 from the General Fund, with approximately $210,000 of this amount as an annual recurring amount for personnel costs and an amount each year to depreciate and replace the proposed new vehicle. The current estimated cost of a Maintenance Worker I is $105,000 per year, including salary and benefits. The anticipated cost for two proposed full-time employees is estimated to be $210,000 per year, and the proposed electric utility truck is approximately $40,000. Staff recommends the utilization of “Next Level” funds to fund the Community Cleanliness Plan for the two Maintenance Worker I positions and a portion of the Electric Utility Truck and using the Motor Vehicle Replacement Fund available fund balance for the remaining portion, or $10,901, of the Electric Utility Truck.

FY 2023 Next Level Fund General Fund Budget $304,099

Two Maintenance Worker I Positions $210,000
Electric Utility Truck $40,000
Total $250,000

Next Level Budget Remaining Budget $54,099

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In order to implement this change in the City’s budget, staff recommends that Council make the following budget adjustments:
•Transfer $210,000 of the FY 2023 General Fund Budget Non-Department Next Level Fund for contract services to the General Fund Public Works Department Facilities Division Streets Activity.
•Appropriate $115,000 in salaries and $95,000 in various benefits in the FY 2023 General Fund Budget Public Works Department Facilities Division Streets Activity, •Transfer $40,000 of the FY 2023 General Fund Budget Non-Department Next Level Fund for contract services to the Motor Vehicle Replacement Fund, Motor Vehicle Replacement Activity.
•Appropriate $40,000 of the Motor Vehicle Replacement Fund, Motor Vehicle Replacement Activity, Capital Outlay-Automotive account to support the Electric Utility Truck purchase in FY 2023.
•Appropriate any related transfers between funds.

ALTERNATIVES:

1. Do not approve the Community Cleanliness Plan; provide staff with direction on how to proceed.

2. Seek additional information from staff.

ATTACHMENTS:

1. Resolution
Prepared by and Submitted By: Meeting Date: October 4, 2022 Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

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RESOLUTION NO. R-2022-XXX

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

CALIFORNIA AUTHORIZING THE CREATION OF TWO ADDITIONAL

MAINTENANCE WORKER I POSITIONS AND THE PURCHASE OF AN ELECTRIC

UTILITY TRUCK, AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2023
WHEREAS, one of the City Council’s top goals is to “build on the strength of our local community to preserve the City’s ‘Classic California’ charm and ensure an exceptional quality of life for residents”; and
WHEREAS, to meet the expectations of the community, staff recommends that the City Council add two Maintenance Worker I positions to the Public Works Department, one of which would operate as a full-time trash operator and the other as full-time landscape technician; and
WHEREAS, to assist the trash operator, staff recommends the purchase of a small electric utility truck capable of maneuvering through the busy downtown traffic to haul the trash bags back to the corporation yard for disposal; and WHEREAS, staff recommends the utilization of Fiscal Year FY 2023 General Fund “Next- Level” funds to fund the Community Cleanliness Plan for the two Maintenance Worker I positions and the electric utility truck.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the creation of two additional Maintenance Worker I positions in the General Fund Public Works Department Facilities Division Streets Activity.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the purchase of an electric utility truck at a cost of approximately $40,000 in FY 2023.

BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach hereby appropriates the following budget adjustments in FY 2023:
Transfer $210,000 of the FY 2023 General Fund Budget Non-Department Next Level Fund for contract services to the General Fund Public Works Department Facilities Division Streets Activity.
Appropriate $115,000 in salaries and $95,000 in various benefits in the FY 2023 General Fund Budget Public Works Department Facilities Division Streets Activity, Transfer $40,000 of the FY 2023 General Fund Budget Non-Department Next Level Fund for contract services to the Motor Vehicle Replacement Fund, Motor Vehicle Replacement Activity.

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Appropriate $40,000 of the Motor Vehicle Replacement Fund, Motor Vehicle Replacement Activity, Capital Outlay-Automotive account to support the Electric Utility Truck purchase in FY 2023.
Appropriate any related transfers between funds.

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 4th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.C

SUBJECT/TITLE:

POLICE DEPARTMENT SEMI-ANNUAL UPDATE

RECOMMENDATION:

Receive Police Department Semi-Annual Update.

BACKGROUND:

The Police Department will provide an overview of activity from January 2022 through August 2022. The City Council will review information regarding crime trends/statistics, staffing, dispatch consolidation, parking, activities of the Community Service Technicians, Police program implementation and community involvement. Additionally, the City Council will be briefed on the many accomplishments of the department during this calendar year.

Semi-Annual Department Update
From January 2022 through August of 2022, the Police Department noted a 15% decrease in reportable incidents. Of these reportable incidents, the Police Department saw a 5% increase in Part 1 crimes and a 21% decrease in Part 2 reportable FBI crime offenses. There are several factors that may have contributed to this reduction in reportable incidents. These factors may include the reduction in hotel occupancy and visitors to the city, staffing vacancies, and the removal of COVID protocols at the County Jail.

The Police Department has had a very successful year in hiring new police officers. The Department has hired four new officers and one reserve officer, all of whom come to Pismo Beach with law enforcement experience. In total, these five positions bring approximately 70 years of law enforcement experience to the City of Pismo Beach. The City has been fortunate to hire several outstanding new dispatchers in the recent past.

Prior to the end of October 2022, the Police Department anticipates being fully staffed in dispatch.

During the remainder of 2022, the Police Department will focus on hiring and training the remaining open dispatcher positions, parking positions and internal special assignments.

Department personnel will continue to work on the implementation of the Computer Aided Dispatch/Records Management System (CAD/RMS) project and License Plate Reader (LPR) technology that was approved this past year will also be a top priority. Additional items will be covered as well.

FISCAL IMPACT:

There is no direct fiscal impact from this report.

12.C-1Council Agenda 10-4-2022

ALTERNATIVES:

1. Receive briefing and ask questions to staff.

2. Receive briefing and direct staff for items to be presented at next briefing.

ATTACHMENTS:

None.

Submitted by: Meeting Date: October 4, 2022
Jeff Smith, Chief of Police
City Manager Approval:

12.C-2Council Agenda 10-4-2022

Pismo Beach City CouncilOctober 4, 2022

Pismo Beach City Council
October 4, 2022