Pismo Beach City Council
January 17, 2023

AGENDA
Pismo Beach City Council
Tuesday, January 17, 2023
Time Meeting Type Physical Location Virtual Participation Option 5:00 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 1-17-2023

Pismo Beach City Council Agenda January 17, 2023

Special Closed Session—5:00 p.m.

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

CALL TO ORDER: Mayor Waage

1. ROLL CALL:

Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Guthrie, Inman, 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: V. Lopez Jr. & Sons General Engineering Contractors, Inc. vs.

City of Pismo Beach
San Luis Obispo Superior Court Case No. 20CV-0652

4. CLOSED SESSION REPORT
If a regular meeting follows this Closed Session, the Closed Session Report will be made during the regular meeting.

5. ADJOURNMENT

Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, January 17, 2023 Council Chamber, City Hall

Council Agenda 1-17-2023

Pismo Beach City Council Agenda January 17, 2023

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: Guthrie, Inman, Newton

2. PLEDGE OF ALLEGIANCE

3. ACCEPTANCE OF AGENDA

4. PRESENTATIONS

None.

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 - No action to be taken

7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT - No action to be taken

8. COUNCIL COMMITTEE REPORTS

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

2. California Joint Powers Insurance Authority (Reiss)

3. CAPSLO (Reiss)

4. Central Coast Blue Regional Recycled Water Authority (Waage)

5. Central Coast Community Energy Policy Board (Mayor)

6. Chapman Estate Foundation (Liaison) (Reiss)

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

8. Conference and Visitors Bureau / LBID Board (Liaison) (Inman)

9. Friends of Price House Liaison (Waage)

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

11. Homeless Services Oversight Council (Guthrie/Reiss)

12. Integrated Waste Management Authority (Newton/Inman)

13. Mobile Home Rent Stabilization Subcommittee (Inman/Reiss)

14. REACH (Newton)

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

16. Shell Beach Improvement Group Liaison (Inman)

17. SLOCOG (Waage/Reiss)

18. South County Chambers Gov’t Affairs (Guthrie/Inman)

19. Visit SLO CAL Advisory Committee (Inman)

20. Water Resources Advisory Committee, SLO (Guthrie/Inman)

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

Council Agenda 1-17-2023

Pismo Beach City Council Agenda January 17, 2023

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

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

Recommendation:

1. Adopt Minutes of the December 12, 2022 Special Meeting.

2. Adopt Minutes of the December 20, 2022 Regular Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for December 18, 2022 and January 1, 2023.

2. Approve the Register of Demands for December 16, 2022 and December 30, 2022.

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

Recommendation:

Receive reports as information only.

Item 9.D: Paid Parking Quarterly Update—Second Quarter of Fiscal Year 2023 (Downing)

Recommendation:

No action recommended; for information only.

Item 9.E: Annual Review and Approval of Investment Policy (Feeser)

Recommendation:

Approve the City of Pismo Beach Investment Policy.

Item 9.F: Award of Construction Contract to American Enviro Services, Inc. for the North Shell Beach Road Storm Drain Repair Project (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to award a contract to American Enviro Services, Inc. in the amount of $199,417 for the construction of the North Shell Beach Road Storm Drain Repair Project, and appropriating related budget adjustments.

Council Agenda 1-17-2023

Pismo Beach City Council Agenda January 17, 2023

Item 9.G: Award Construction Contract to Jack Handley Construction Services for the Chapman Estate ADA Restroom Remodel and Addition Project (Fine) Recommendation:

Adopt a Resolution authorizing the City Manager to award a contract to Jack Handley Construction Services in the amount of $327,950 for the construction of the Chapman Estate ADA Restroom Remodel and Addition Project.

Item 9.H: Purchase of Additional Parking Meters, Associated Hardware, and Housings from IPS Group (Smith)
Recommendation:

Adopt a Resolution authorizing the City of Pismo Beach to purchase 210 Parking Meters, associated hardware, and housings from IPS Group for a total of $255,911 in Fiscal Year 2023, and appropriating related budget adjustments.

Item 9.I: Contract with Phoenix Group Information Systems for Parking Revenue and Citation Management for a Three-Year Term (Smith)
Recommendation:

Adopt a Resolution authorizing the City Manager to execute a three-year contract with Phoenix Group Information Systems for parking revenue and citation management services from February 1, 2023, to January 31, 2026.

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: Progress Report on Fiscal Year 2022 & 2023 City Council Goals (Lewis) Recommendation:

Receive a progress report on the City Council’s Fiscal Year 2022 & 2023 Goals.

Item 12.B: Water Supply Update (Fine)
Recommendation:

Receive an update on the City’s water supply.

13.CITY COUNCIL COMMENTS AND REQUESTS - No action to be taken Council Agenda 1-17-2023

Pismo Beach City Council Agenda January 17, 2023

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, February 7, 2023 Council Chamber, City Hall Regular Council meetings will adjourn by 11:00 p.m. unless four-fifths of the Council votes to continue past that time. If the meeting is adjourned at 11:00 p.m., any remaining agenda items will be continued to the next regular meeting (R-97-04).

AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the January 17, 2023 meeting(s) of the Pismo Beach City Council was posted on January 12, 2023, 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 1-17-2023

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

ADOPTION OF MEETING MINUTES
RECOMMENDATION:

1.Adopt Minutes of the December 12, 2022 Special Meeting.

2.Adopt Minutes of the December 20, 2022 Regular Meeting.

BACKGROUND:

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

FISCAL IMPACT:

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

ALTERNATIVES:

1. Adopt the minutes with revisions.

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

ATTACHMENTS:

1.Draft Minutes for December 12, 2022

2.Draft Minutes for December 20, 2022
Submitted by: Erica Inderlied, City Clerk Meeting Date: January 17, 2023 City Manager Approval:

9.A-1Council Agenda 1-17-2023
Packet Page 1

DRAFT MINUTES
Pismo Beach City Council
Tuesday, December 12, 2022

Special Meeting—5:00 p.m.

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

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

CALL TO ORDER: 5:00 p.m.

1. ROLL CALL:

Present: Absent:

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

Staff Present:

Matt Downing, Community Development Director
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, Assistant City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Jeff Smith, Chief of Police
Other staff present as noted below

2. PUBLIC COMMENT PERIOD

Call for public comment: No comment.

9.A-2Council Agenda 1-17-2023
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3. AGENDA ITEMS

Item 3.A: Certification of November 8, 2022 General Election Results (Inderlied)

Recommendation: Adopt a Resolution reciting the fact of the General Municipal Election held on Tuesday, November 8, 2022, declaring the result and such other matters as provided by law.

Presenting staff:

Erica Inderlied, City Clerk
James R. Lewis, City Manager

Call for public comment: No comment.

Action: Adopt a Resolution reciting the fact of the General Municipal Election held on Tuesday, November 8, 2022, declaring the result and such other matters as provided by law.

Motion: Blake
Second: Newton

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2022-109 adopted.

Item 3.B: Oath of Office for Incoming Mayor and Council Members (Inderlied)

Recommendation: No Council action recommended.

Presenting staff:

Erica Inderlied, City Clerk

City Clerk Inderlied administered Oaths of Office to Mayor-elect Ed Waage, and Council Members-elect Stacy Inman and Mary Ann Reiss.

Action: No action.

9.A-3Council Agenda 1-17-2023
Attachment 1
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4. RECONVENE & ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton

5. AGENDA ITEMS

Item 3.C: Selection of Mayor Pro Tempore For A Two-Year Term (Inderlied)

Recommendation:

1. Nominate at least one Member of the City Council to serve as Mayor Pro Tempore;

2. Conduct a vote on any nominated Members and appoint the Member receiving the highest number of votes to a two-year term, through December 2024.

Presenting staff:

Erica Inderlied, City Clerk

Call for public comment: No comment.

Action: Nominate Council Member Reiss to serve as Mayor Pro Tempore for a two-year term ending December 2024.

Motion: Newton
Second: Inman

Vote: The nomination was approved on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

6. CITY COUNCIL COMMENTS AND REQUESTS

No requests.

9.A-4Council Agenda 1-17-2023
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7. ADJOURNMENT

At 5:11 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

9.A-5Council Agenda 1-17-2023
Attachment 1
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DRAFT MINUTES
Pismo Beach City Council
Tuesday, December 20, 2022

Regular Meeting—5:30 p.m.

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

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

CALL TO ORDER: 5:30 p.m.

1. ROLL CALL:

Present: Absent:

Mayor Ed Waage (via teleconference) None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton

Staff Present:

Matt Downing, Community Development Director
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, Assistant City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Jeff Smith, Chief of Police
Other staff present as noted below

2. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was not conducted.

3. ACCEPTANCE OF AGENDA

No requests to reorder the agenda.

9.A-6Council Agenda 1-17-2023
Attachment 2
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4. PRESENTATIONS

None.

5. PUBLIC COMMENT PERIOD

Call for public comment: No comment.

6. CITY MANAGER’S REPORT

City Manager Lewis commented on various topics.

7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT

City Attorney Fleishman had nothing to report.

8. COUNCIL COMMITTEE REPORTS

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

Mayor Waage:

Central Coast Community Energy (3CE) Policy Board.

9. CONSENT CALENDAR

Call for public comment: No comment.

Action: Adopt Consent Calendar, with the following revision to Item 9.G:

Item 9.G: Consolidated Permitting Process for Central Coast Blue and Delegating Authority to Approve or Deny Future Consolidation Requests (Downing)

Action:

1. Adopt a Resolution requesting a consolidated permitting process for Coastal Development Permits for underground infrastructure and wells associated with Central Coast Blue, with the following revision:

1. Remove the word “underground” throughout the resolution.

2. Adopt a Resolution delegating authority to the City Manager or their designee to approve or deny future Coastal Development Permit consolidation requests.

9.A-7Council Agenda 1-17-2023
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Motion: Newton
Second: Guthrie

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

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

Absent: 0
Abstain: 0
Recused: 0

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

Recommendation:

Adopt Minutes of the December 6, 2022 Closed and Regular Meetings.

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

Recommendation:

1. Approve the Summary of Payroll Register for December 4, 2022;

2. Approve the Register of Demands for November 11, 2022, November 18, 2022, December 2, 2022, and December 9, 2022.

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

Recommendation:

Receive reports as information only.

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

Recommendation:

No action required; information only

Item 9.E: Quarterly Investment Report for the Three Months of July Through September 2022—The First Quarter Of FY 2023
(Feeser)

Recommendation:

No action required; information only

9.A-8Council Agenda 1-17-2023
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Item 9.F: Contract Extension with Channel Islands Technology Integrators’ Group, Inc. (CITIG) for Information Technology Services (Feeser)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment 2 to the Channel Island Technology Integrators’ Group, Inc. agreement for Information Technology Services from December 1, 2022 to November 30, 2025, and making related budget adjustments.

Legislative Record: Resolution R-2023-110 adopted.

Item 9.G: Consolidated Permitting Process for Central Coast Blue and Delegating Authority to Approve or Deny Future Consolidation Requests (Downing)

Recommendation: Modified as noted above.

Legislative Record: Resolution R-2023-111 adopted.

Legislative Record: Resolution R-2023-112 adopted.

Item 9.H: Amendment #1 to the Agreement with ENGEO Incorporated for Engineering Services During Construction of the Ocean
Boulevard Improvements Project (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with ENGEO Incorporated in the amount of $160,000 for Engineering Services During Construction (ESDC) for the Ocean Boulevard Improvements Project.

Legislative Record: Resolution R-2023-113 adopted.

Item 9.I: Encroachment Agreement Between the City of Pismo Beach and Astound Broadband, LLC for the Installation of Fiber Optic Facilities (Fine)

Recommendation:

Authorize the City Manager to execute, and the City Clerk to record, an Encroachment Agreement between the City of Pismo Beach and Astound Broadband, LLC to install fiber optic facilities within the City’s right-of-way.

9.A-9Council Agenda 1-17-2023
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Item 9.J: Update on March 16, 2020 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:

No action required; information only.

Item 9.K: 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: 2023 Federal Legislative Agenda (Garcia)
Recommendation:

Approve the 2023 Federal Legislative Agenda.

Presenting staff:

Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
Guest presenters:

Greg Burns, Thorn Run Partners
Call for public comment: No comment.

9.A-10Council Agenda 1-17-2023
Attachment 2
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Action: Approve the 2023 Federal Legislative Agenda, with the following revision:

1.On page 3 of the Agenda, revise the summary position on the Proposed Designation of the Chumash Heritage National Marine Sanctuary, from “Monitor” to “Oppose Unless Amended.”
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0
Item 12.B: 2023 State Legislative Agenda (Garcia)
Recommendation:

Approve the 2023 State Legislative Agenda.

Presenting staff:

Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
Guest presenters:

Eric O’Donnell, Townsend Public Affairs
Call for public comment: No comment.

Action: Approve the 2023 State Legislative Agenda.

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

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

Absent: 0
Abstain: 0
Recused: 0

9.A-11Council Agenda 1-17-2023
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Item 12.C: Housing Legislation Update and Direction (Downing) Recommendation:

Receive a report on 2022 housing legislation and provide direction to staff.

Presenting staff:

Matt Downing, Community Development Director
James R. Lewis, City Manager
Call for public comment: No comment.

Action: Consensus to direct staff to prepare and return draft ordinances for consideration that address the requirements of Assembly Bill 2011 (Wicks, 2022) and Senate Bill 6 (Caballero, 2022).

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

Absent: 0
Abstain: 0
Recused: 0
Item 12.D: Budget Adjustments for Fiscal Year 2023 (Feeser) Recommendation:

Adopt a Resolution approving and appropriating budget adjustments for Fiscal Year 2023.

Presenting staff:

Nadia Feeser, Administrative Services Director
James R. Lewis, City Manager
Jason Takagi, IT Manager
Call for public comment: No comment.

Action: Adopt a Resolution approving and appropriating budget adjustments for Fiscal Year 2023, with the following revision:

1.Revise $90,000 in Chapman Estate funding from the General Find from “ongoing” to “one-time.”
Motion: Guthrie
Second: Newton
Vote: The motion passed on the following vote:

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

Absent: 0

9.A-12Council Agenda 1-17-2023
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Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-114 adopted.

Item 12.E: External Committee Assignments for Calendar Years 2023 And 2024 (Inderlied)
Recommendation:

1.Provide input to the Mayor on the assignment of Council Members to various internal and external boards and committees for calendar years 2023 and 2024; and

2.Affirm the Mayor's assignments.

Presenting staff:

Erica Inderlied, City Clerk
Call for public comment: No comment.

Action: Consensus in support of the following internal and external assignments for calendar years 2023 and 2024:

Assignment Primary Alternate
Air Pollution Control District Newton Reiss
California Joint Powers Insurance Authority Reiss None
CAPSLO Reiss None
Central Coast Blue Regional Recycled Water Authority Waage None Central Coast Community Energy Waage None
Chapman Estate Foundation Reiss None
Conference & Visitors Bureau Inman None
Friends of Price House Waage None
Hazard Mitigation & Fire Safety Inman Waage
Homeless Services Oversight Council Guthrie Reiss
Integrated Waste Management Authority Newton Inman
League of CA Cities Coastal Cities Group Waage None
Mobile Home Rent Stabilization Inman Waage
REACH Newton None
San Luis Obispo Council of Governments Waage Reiss
San Luis Obispo Regional Transit Authority Waage Reiss
Shell Beach Improvement Group Inman Reiss
SLO County Water Resources Guthrie Inman
South County Chambers of Commerce Guthrie Inman
Visit SLO CAL Inman None
Zone 3 Water Guthrie Inman

9.A-13Council Agenda 1-17-2023
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In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

13. CITY COUNCIL COMMENTS AND REQUESTS

No requests.

14. ADJOURNMENT

At 7:17 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

9.A-14Council Agenda 1-17-2023
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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 December 18, 2022 and January 1, 2023.

2. Approve the Register of Demands for December 16, 2022 and December 30, 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: January 17, 2023
Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

Council Agenda 1-17-2023 9.B-1
Packet Page 15

FOR PERIOD ENDING 12/18/22
CHECKS DATED 12/23/22
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 556923 ‐ 556927 5
ACH 126

EARNINGS
REGULAR 369,570.94
HOLIDAY 6,045.18
OVERTIME (Includes Comp Time Payouts)16,163.51
Administration
Building
Conference & Visitors Bureau
Police Department 8,795.09
Parking
Engineering
Fire
Recreation
Public Works 994.10
Water 2,659.40
Wastewater 3,714.92
Motor Vehicles
Subtotal‐Overtime 16,163.51$
SALARY ADJUSTMENTS 10,702.85
TRAINING / UNIFORM ALLOWANCE 144.00
OTHER EARNINGS 15,285.50
$417,911.98
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 41,512.59
FICA & MEDICARE 26,167.50
STATE INCOME TAX 15,099.15
STATE DISABILITY INSURANCE 3,402.21
GARNISHMENTS 461.53
HEALTH 1,925.19
SUPPLEMENTAL DISABILITY 1,439.56
SECTION 125 2,110.65
PERS 34,231.24
DEFERRED COMPENSATION 10,187.88
ADDITIONAL LIFE INSURANCE 296.17
UNION DUES 2,463.95
PISMO ATHLETIC CLUB 230.00
OTHER
NET PAYROLL $278,384.36
DIRECT DEPOSIT DEDUCTION 275,688.05
NET PAYROLL AFTER ACH DEPOSIT 2,696.31
SUMMARY PAYROLL REGISTER
Council Agenda 1-17-2023 9.B-2
Attachment 1
Packet Page 16

FOR PERIOD ENDING 01/01/23
CHECKS DATED 01/06/23
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 556928 ‐ 556929 2
ACH 119

EARNINGS
REGULAR 358,404.76
HOLIDAY 5,338.18
OVERTIME (Includes Comp Time Payouts)7,899.69
Administration
Building
Conference & Visitors Bureau
Police Department 4,446.01
Parking
Engineering
Fire
Recreation
Public Works 1,021.12
Water 1,504.55
Wastewater 928.01
Motor Vehicles
Subtotal‐Overtime 7,899.69$
SALARY ADJUSTMENTS
TRAINING / UNIFORM ALLOWANCE 111.00
OTHER EARNINGS 17,297.11
$389,050.74
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 34,233.27
FICA & MEDICARE 29,197.92
STATE INCOME TAX 11,975.59
STATE DISABILITY INSURANCE 3,286.63
GARNISHMENTS 461.53
HEALTH 2,133.27
SUPPLEMENTAL DISABILITY 1,578.02
SECTION 125 3,033.32
PERS 34,015.20
DEFERRED COMPENSATION 10,003.71
ADDITIONAL LIFE INSURANCE 296.17
UNION DUES 2,504.90
PISMO ATHLETIC CLUB 230.00
OTHER
NET PAYROLL $256,101.21
DIRECT DEPOSIT DEDUCTION 254,854.10
NET PAYROLL AFTER ACH DEPOSIT 1,247.11
SUMMARY PAYROLL REGISTER
Council Agenda 1-17-2023 9.B-3
Attachment 1
Packet Page 17

City of Pismo Beach
Final Disbursement List Check Date 12/16/2022

US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
ACH 12944 Leaf 12/16/2022 101.85$ Monthly Copier Lease Dec 2022 - PD ACH 13455 Wex 12/16/2022 545.58 Fuel for City Vehicles 11/07/22 - 12/07/22 124469 10434 Abalone Coast Analytical Inc 12/16/2022 240.00 Water Analysis 12/05/22 and 12/12/22 124470 12295 Addiction Medicine Consultants, Inc. 12/16/2022 1,470.00 DOT Testing Calendar Year 2023 124471 12275 Airgas West Inc 12/16/2022 484.95 Oxygen - Fire - Nov 2022 124472 11882 Alexander's Contract Services Inc 12/16/2022 1,374.67 Water Meter Reading Services Dec 2022 124473 10640 Allstate Plastics LLC 12/16/2022 2,060.28 Trash Bags 124474 12623 AT&T 9391012188 12/16/2022 3,357.89 Phone Bill 11/10/2022 - 12/09/2022 124475 13278 AT&T 9391059148 12/16/2022 2,826.52 Phone Bill 11/10/2022 - 12/09/2022 124476 13460 AT&T Mobility 287284035974 12/16/2022 1,215.23 Cell Phone Services - December 2022 124477 12805 Fred C. Atwood 12/16/2022 40.00 Senior Dance Band Member 12/12/2022 124478 10293 Battery Systems Inc 12/16/2022 252.17 Genius 2 & Genius 5 Batteries 124479 14229 Brendler Janitorial Service 12/16/2022 750.00 Special Cleaning of Chapman Estate 124480 12841 Robert Brenman 12/16/2022 40.00 Senior Dance Band Member 12/12/2022 124481 11392 Brenntag Pacific Inc. 12/16/2022 2,350.57 Sodium Bisulfite 124482 10028 Brisco Mill & Lumber Yard 12/16/2022 85.79 Parks - Metal Rake for Load n' Pack 124483 10626 California Highway Adoption Co 12/16/2022 1,050.00 Highway 101 On/Off Ramp Trash Mitigation - Dec 2022 124484 14349 Callander Associates Landscape Architecture, Inc 12/16/2022 51,876.12 Ventana Tennis Courts, Chumash & Palisades Playgrounds - Oct 2022 124485 13328 Campfire Central Coast of CA 12/16/2022 1,000.00 Deposit Refund - PBVH Event 11/18/22 124486 10269 Carquest Auto Parts 12/16/2022 138.21 Vehicle Maintenance 124487 11451 Channel Islands Technology Integrators' Group 12/16/2022 11,020.98 SharePoint, NetMotion Proj. & Remote Support Nov 2022 124488 14415 CLAD Consulting, Inc. 12/16/2022 3,906.25 Seacliff Sidewalk Inspections - Nov 2022 124489 11552 Agritec International Ltd CleanTech Environment 12/16/2022 1,297.42 Parts Washer Tank Service & Recycling Aerosol/ Flammable Liquids 124490 13842 ClientFirst Consulting Group, LLC 12/16/2022 11,723.25 IT Strategic- Assessment- Disaster Recovery Plan - Sept, Oct & Nov 22 124491 11231 Coastal Peaks Coffee 12/16/2022 156.00 Coffee Supplies 124492 10708 Coastline Equipment 12/16/2022 591.93 Equipment Maintenance 124493 13793 Contractor's Maintenance Service 12/16/2022 149.37 Streets - Pressure Washer Supplies 124494 11986 Culligan/Central Coast Water 12/16/2022 95.00 Soft Water Tank Rental - November 2022 124495 14313 Culligan/Santa Maria 12/16/2022 150.80 Drinking Water Nov 2022 124496 12628 Dell Marketing LP 12/16/2022 12,792.40 Latitude 7430 Laptop, Eaton 9PX - Battery & UPS (2) 124497 14217 Deltina Coffee Roasters 12/16/2022 125.00 Coffee Supplies 124498 10746 Electricraft Inc. 12/16/2022 6,112.00 Chapman Estate Video Camera, Data Cabling & Electrical Work 124499 12123 Farm Supply 12/16/2022 477.35 Corp Yard & Parks Supplies 124500 12235 Granicus, LLC 12/16/2022 3,498.90 Meeting Video Streaming 10/28/22 - 1/27/23 124501 10149 Heacock Trailers & Truck 12/16/2022 645.43 PD215 Hitch Equipment 124502 13628 Horizon West Auto Glass 12/16/2022 423.11 Vehicle Maintenance 124503 13385 IPS Group, Inc. 12/16/2022 2,092.49 IPS Transaction Fees - Nov 2022 124504UB*0095 KEONE KAUO (T) 12/16/2022 107.77 Refund Check 008058-000, 165 NAOMI 124505 12032 Kimball Midwest 12/16/2022 318.02 MVR Shop Supplies 124506 14419 Catherine Lemoine 12/16/2022 216.00 Instructor: Acrylic Painting 12/8/22 #11044 124507 14477 Michelle Macias 12/16/2022 250.00 Deposit Refund - DCP 10/23/22 124508 14245 Mary McGrath Architects 12/16/2022 13,250.00 Public Safety Facility - Sept & Oct 2022 124509 11230 MBS Land Surveys 12/16/2022 7,855.00 Surveying Services - 585 Dolliver Street 124510 10097 Miners Hardware 12/16/2022 1,218.91 Maintenance Supplies 124511 14405 Mission Linen Supply 12/16/2022 1,278.74 Uniforms - Nov 2022 124512 12406 Mosquito and Vector Management District 12/16/2022 1,578.41 Mosquito Trapping & Management July - Sept 2022 124513 11172 Mullahey Ford 12/16/2022 94.50 Vehicle Maintenance 124514 14343 ODP Business Solutions, LLC 12/16/2022 275.12 Office supplies 124515 12315 Pacific Gas & Electric Company 12/16/2022 3,736.85 Electricity 11/04/22 - 12/06/22 124516 12070 Michelle Pearson 12/16/2022 583.44 M&IE/Mileage: Conf. Venue Tour & AFSS Qtrly Meeting 12/5-12/7/22 124517 10590 Pismo Coast Village Inc 12/16/2022 1,000.00 Deposit Refund - PBVH Event 10/22/22 124518 12335 Procare Janitorial Supply Inc 12/16/2022 2,480.50 Restroom Supplies 124519 14201 Procare Medical Supplies 12/16/2022 1,195.00 Gloves 124520 12484 Range Master 12/16/2022 86.96 Crime Analyst Jacket Artwork 124521 13502 Robert Half International, Inc. -Officeteam 12/16/2022 2,490.00 Temp Account Clerk W/E 12/02 & 12/09/22 124522 13994 SBRK Finance Holdings, Inc. 12/16/2022 7,647.00 CivicPay IVR Message Block Subscription & Transaction Fees Oct & Nov 2022 124523 14479 Serene Waters Adventure Therapy LLC 12/16/2022 300.00 Instructor: Surf Lessons with James Shoffeitt 11/15 - 11/30/22 # 124524 13830 Service First Information Solutions, LLC 12/16/2022 11.10 Credit Check 124525 12570 SLO Roasted Coffee 12/16/2022 37.00 Coffee Supplies 124526 14387 Jake Smith 12/16/2022 202.00 Reimb: CWEA Renewal 2022 124527 12031 Stanley Convergent Security Solutions 12/16/2022 844.38 Monthly Security & Fire Monitoring - Dec 2022 124528 12171 State Water Resources Control Board 12/16/2022 922.50 Recycled Water Review fees 7/1/21-6/30/22 124529 12806 Donald G. Stever 12/16/2022 40.00 Senior Dance Band Member 12/12/2022 124530 11323 Streator Pipe & Supply 12/16/2022 39.68 Restroom Maintenance 124531 14480 Harold B. Sweasey Jr. 12/16/2022 40.00 Senior Dance Band Member 12/12/2022 124532 14460 Taft Electric Company 12/16/2022 1,203.40 City Hall - Electrical Services 124533 12629 Tetra Tech Inc 12/16/2022 102.50 Map Checking - Oct 2022 124534 13442 Thorn Run Partners 12/16/2022 4,000.00 Federal Lobbying Services December 2022 124535 12860 Townsend Public Affairs 12/16/2022 3,500.00 State Lobbying Services December 2022 124536 12924 Traffic Management Inc 12/16/2022 108.79 Streets - Safety Street Sign for Emergency Vehicles 124537 13905 Tripepi, Smith and Associates, Inc 12/16/2022 1,995.00 General Public Outreach and Education Nov 2022 124538 13617 Trophy Hunters 12/16/2022 517.13 Adopt a Bench Plaque (2) 124539 14034 Vital Records Holdings, LLC 12/16/2022 119.95 Document Storage Dec 2022 124540 13013 John H Von Biela 12/16/2022 350.00 Santa for Holiday Harmony 2022 124541 12132 White Flag Pest Control Inc 12/16/2022 1,061.00 Pest Control - 11/8/2022 124542 13377 Willdan Financial Services 12/16/2022 2,670.00 Comprehensive User Fee Study & Cost Allocation Plan - Oct 2022 Council Agenda 1-17-2023 9.B-4
Attachment 2
Packet Page 18

City of Pismo Beach
Final Disbursement List Check Date 12/16/2022

US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
Total:190,244.16$
Council Agenda 1-17-2023 9.B-5
Attachment 2
Packet Page 19

City of Pismo Beach
Final Disbursement List Check Date 12/30/2022

US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
ACH 10002 Internal Revenue Service 12/30/2022 130,873.05$ Federal Income Tax PD 12/09/2022 ACH 11224 Richards, Watson, Gershon Attorneys At Law 12/30/2022 36,696.83 Legal Fees - Nov 2022 ACH 11305 Public Employees Retirement System 12/30/2022 69,747.36 PERS Retirement EE & ER PD 12/09/2022 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 12/30/2022 25,465.10 ICMA 457 Deferred Comp EE & ER PD 12/09/2022 ACH 12305 Franchise Tax Board 12/30/2022 30,797.64 SDI & State Income Tax PD 12/09/2022 ACH 12360 CalPERS 457 Plan 12/30/2022 291.67 PERS 457 Deferred Comp ER & ER PD 12/09/2022 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA 12/30/2022 510.00 ICMA Roth IRA PD 12/09/2022 ACH 12944 Leaf 12/30/2022 1,231.19 Monthly Copier Lease Dec 2022 ACH 10002 Internal Revenue Service 12/30/2022 93,570.64 Federal Income Tax PD 12/23/2022 ACH 12017 Vantagepoint Transfer Agents 12/30/2022 20,006.00 Retiree Health Premiums - December 2022 & January 2023 ACH 12211 CA. Public Emp Retirement Sys 12/30/2022 106,536.62 Medical Insurance - December 2022 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 12/30/2022 24,951.68 ICMA 457 Deferred Comp EE & ER PD 12/23/2022 ACH 12305 Franchise Tax Board 12/30/2022 18,599.52 SDI & State Income Tax PD 12/23/2022 ACH 12360 CalPERS 457 Plan 12/30/2022 291.67 PERS 457 Deferred Comp ER PD 12/23/2022 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA 12/30/2022 510.00 ICMA Roth IRA PD 12/23/2022 ACH 10371 Visit SLO County 12/30/2022 174,397.53 TMD Payments October 2022 ACH 14257 Igoe Administrative Services 12/30/2022 1,023.81 IGOE FSA and DDS reimbursement - December 2022 124543 10434 Abalone Coast Analytical Inc 12/30/2022 240.00 Water Analysis 12/19/22 124544 10446 Achievement House, Inc. 12/30/2022 9,579.55 Sidewalk Cleaning, Litter Removal, & Pressure Washing Rental Services Nov 2022 124545 11509 American Industrial Supply 12/30/2022 522.00 Safety Supplies - Parks 124546 10830 Aramark 12/30/2022 1,214.36 Uniforms
124547 11589 Austin's Wet Pets and Pond Maintenance, Inc 12/30/2022 140.00 Chapman Estate Pond Maintenance - November 2022 124548 10888 Bound Tree Medical LLC 12/30/2022 844.34 Medical Supplies - Police 124549 UB*00825 TONEY BREAULT 12/30/2022 238.84 Refund Check 008985-000, 148 SANTA FE 124550 11392 Brenntag Pacific Inc. 12/30/2022 1,931.64 Sodium Bisulfite 124551 12564 Broadcast Music Inc 12/30/2022 391.00 Music License Fee 11/01/22 - 10/31/23 124552 13591 Ryan Bullock 12/30/2022 250.00 Reimb: Safety Boots FY22/23 124553 10074 Burdine Printing 12/30/2022 318.32 Office Supplies 124554 14038 Bureau Veritas North America, Inc. 12/30/2022 11,625.00 Certified Building Official Support Sept 2022 124555 12098 Burke & Pace Lumber of Arroyo Grande 12/30/2022 478.28 Supplies for 330 Main 124556 14402 Carol A. Burner 12/30/2022 866.66 900 Bello Street Lease Jan 2023 124557 14476 Burt Industrial Supply, Inc 12/30/2022 109.53 WWTP Supplies 124558 13852 California Diesel & RV LLC 12/30/2022 350.91 FDE64 Service 124559 14414 California State Disbursement Unit 12/30/2022 461.53 Tax Withholding Order PD 12/09/2022 124560 13531 Central Coast Party Factory LLC 12/30/2022 1,850.00 Inflatables - Holiday Harmony 12/2/22 124561 11451 Channel Islands Technology Integrators' Group 12/30/2022 6,202.50 Monthly Product Agreement, Microsoft Office 365, & Phone Licenses Nov 2022 124562 11231 Coastal Peaks Coffee 12/30/2022 78.00 Coffee Supplies 124563 11986 Culligan/Central Coast Water 12/30/2022 261.00 Car Wash Filtration & Service 12/9/22 124564 12628 Dell Marketing LP 12/30/2022 1,215.98 Dell UltraSharp 24 Monitors (4) 124565 14391 Jamie Dietze 12/30/2022 1,462.00 Instructor: Art Camp 12/19/22 - 12/22/22 #10991 124566 10251 Duperon Corporation 12/30/2022 663.52 WWTP equipment parts 124567 14486 Tucker Ellis 12/30/2022 59.00 M&IE: Enhanced Drug ID Training 1/10/23 124568 12123 Farm Supply 12/30/2022 357.63 Safety Supplies - Parks 124569 12589 Ferguson Enterprises, Inc. 12/30/2022 172.13 Water Supplies 124570 13575 Jorge Garcia 12/30/2022 99.99 Reimb: Apple App for City Council Chambers 124571 UB*00954 BRIAN & MORNA GERSHO 12/30/2022 75.40 Refund Check 018604-000, 253 CUYAMA 124572 14485 Kyle Goodrich 12/30/2022 59.00 M&IE: Enhanced Drug ID Training 1/10/23 124573 12144 CLA-VAL Griswold Industries 12/30/2022 1,139.56 Water - Rubber Rebuild Kits 124574 14207 Harrington Industrial Plastics, LLC 12/30/2022 443.82 Expansion Joint for Ferrous tank 124575 UB*00955 JULIE HARVEY (T) 12/30/2022 52.98 Refund Check 018739-000, 238 PIER 124576 11412 Harvey's Honey Huts 12/30/2022 200.00 Portable Toilets - Chapman Estate Nov 2022 124577 10376 Hinderliter, de Llamas & Associates 12/30/2022 840.77 Sales Tax Audit Services - Transactions Tax Q2/2022 124578 14478 Idaho Association of Building Officials 12/30/2022 30.00 Webinar Training - IDPT SFR from App to C of O 2022 124579 13276 InfoSend, Inc. 12/30/2022 1,104.04 Data processing-printing-mailing City's utility bills Nov 2022 124580 12255 Iron Mountain Information Mgmt, Inc 12/30/2022 92.37 Shredding Services: 10/26/22 - 11/21/2022 124581 10474 Joseph Wolosz 12/30/2022 6,500.00 Wolosz Parking Lot Lease Jan 2023 124582 14277 Kyle Laughlin 12/30/2022 59.00 M&IE: Enhanced Drug ID Training 1/10/23 124583 12096 Lee Wilson Electric Co Inc 12/30/2022 345.00 Signal Light Maintenance Oct 2022 124584 10175 Life-Assist, Inc. 12/30/2022 398.88 Medical Supplies - Fire 124585 14401 Barbara L. Maraist 12/30/2022 866.67 900 Bello Street Lease Jan 2023 124586 12279 McMaster Carr 12/30/2022 517.08 WWTP equipment parts 124587 13688 Justin McMillan 12/30/2022 225.00 Hi Striker Game - Pumpkins in the Park 124588 13836 Mesa Energy Systems, Inc 12/30/2022 1,622.95 Service call - PD 124589 10097 Miners Hardware 12/30/2022 1,601.55 Maintenance Supplies 124590 14405 Mission Linen Supply 12/30/2022 690.20 Floor Mats - City Hall Nov 2022 124591 11172 Mullahey Ford 12/30/2022 1,950.89 Vehicle Maintenance 124592 14343 ODP Business Solutions, LLC 12/30/2022 13.65 Office Supplies 124593 12099 Pacific Petroleum Corp 12/30/2022 9,107.50 Emergency Support - PG&E lift station 124594 10697 Parker Graphic Design 12/30/2022 275.00 Father/Daughter Dance Flyer & English/Spanish Online Ads 124595 UB*00953 HUGH PAYNE (T) 12/30/2022 8.28 Refund Check 009952-000, 399 FRANKLIN 124596 13585 Pismo Beach Hotel Pismo Beach Hotel Partners LLC 12/30/2022 1,023.66 Hotel Rooms for Band Review Judges 124597 13149 Pismo Beach Lifeguard Association 12/30/2022 5.00 Lifeguard Dues 12/09/22 124598 14484 Plumbers Depot Inc. 12/30/2022 109.84 WWTP Supplies 124599 12022 Pismo Beach Police Officer's Association 12/30/2022 1,615.66 POA Dues PD 12/09/2022 124600 12453 Polydyne, Inc. 12/30/2022 4,232.36 Polymer Tote - Clarifloc WE-1329 124601 14403 Betty J. Pratt 12/30/2022 866.67 900 Bello Street Lease Jan 2023 124602 12335 Procare Janitorial Supply Inc 12/30/2022 250.59 Restroom Supplies 124603 13898 Quadient, Inc. 12/30/2022 493.20 Neopost Postage Lease 10/16/22 - 01/15/23 124604 10240 R & T Embroidery, Inc. 12/30/2022 12.75 Embroidery 124605 13502 Robert Half International, Inc. -Officeteam 12/30/2022 2,241.00 Temp Account Clerk W/E 12/16/22 & 12/23/22 124606 11266 San Luis Auto Parts Inc 12/30/2022 191.33 Vehicle Maintenance Council Agenda 1-17-2023 9.B-6
Attachment 2
Packet Page 20

City of Pismo Beach
Final Disbursement List Check Date 12/30/2022

US BANK
ACH/ Vendor Check Check
Check# Number Payee Date Amount Description
124607 13516 San Luis Obispo Council of Governments 12/30/2022 1,495.00 Annual SLOCOG Membership Dues FY 22/23 124608 12028 San Luis Obispo County Public Works Dept 12/30/2022 630,614.85 Revised Final Lopez Contract 21/22 & Prelim Semi Annual Lopez Contract FY 22/23 124609 11796 San Luis Powerhouse, Inc. 12/30/2022 289.34 PD DUI Trailer Generator 124610 13994 SBRK Finance Holdings, Inc. 12/30/2022 47.25 Springbrook Payroll Review 11/7/22 124611 UB*00956 RICHARD & AMY SCHUH 12/30/2022 55.46 Refund Check 018801-000, 2028 OCEAN BLVD 124612 11208 SEIU Local 620 AFL/CIO 12/30/2022 857.96 SEIU Dues PD 12/09/2022 124613 14471 Nicole Shockley 12/30/2022 32.00 SGP Rental Refund Event Date 11/26/22 124614 10093 SLO County Auditor-Controller 12/30/2022 8,797.50 Phoenix Parking Surcharges Oct 2022 124615 12031 Stanley Convergent Security Solutions 12/30/2022 1,613.48 Service & Labor - 4G LTE Communicator; Monitoring - Airstreams 1/1/23 - 3/31/23 124616 10025 State Water Resource Ctrl Brd 12/30/2022 794.00 NPDES Drinking Water Annual Permit Fee FY22/23 124617 14483 Corissa Tamaki 12/30/2022 76.00 Reimb: Livescan Rec Volleyball Coach 124618 13708 Tenera Environmental 12/30/2022 1,496.52 NPDES Permit Renewal Support - Nov 2022 124619 12321 The Gas Company 12/30/2022 3,572.99 Gas Service 11/22/22 - 12/19/22 124620 UB*00937 TODD THORING 12/30/2022 31.29 Refund Check 008471-000, 119 PARK PLACE 124621 12924 Traffic Management Inc 12/30/2022 773.12 Streets - Aluminum Signs 124622 10135 U.S. Travel Association 12/30/2022 2,575.00 2023 Membership Dues 124623 13392 Urban Planning Concepts 12/30/2022 4,329.00 In-house Planning Services Nov 2022 124624 12622 USA Bluebook Acct: 82507 12/30/2022 3,438.92 Well Maintenance - Chlorine Reagent set 124625 10507 V & V Manufacturing 12/30/2022 642.95 Flat Badges 124626 14115 Vanir Construction Mgmt, Inc. 12/30/2022 8,330.00 Safety Facility CM - Nov 2022 124627 12527 Water Systems Consulting Inc 12/30/2022 413.75 Level 1 Water Validation - Nov 2022 124628 12132 White Flag Pest Control Inc 12/30/2022 661.00 Pest Control 124629 14020 Daniel Barrett Wrage 12/30/2022 1,280.00 Instructor: Volleyball Camp 12/19-12/22/22 #10994 124630 14414 California State Disbursement Unit 12/30/2022 461.53 Tax Withholding Order PD 12/23/2022 124631 12224 Delta Dental Of California 12/30/2022 8,202.63 Dental Coverage - November 2022 124632 14043 Health & Human Resource Center, Inc. 12/30/2022 130.05 Employee Assistance Program Dec 2022 124633 14043 Health & Human Resource Center, Inc. 12/30/2022 130.05 Employee Assistance Program Aug 2022 124634 10633 Pismo Beach Athletic Club Inc 12/30/2022 390.00 PBAC dues December 2022 124635 10633 Pismo Beach Athletic Club Inc 12/30/2022 365.00 PBAC dues November 2022 124636 12022 Pismo Beach Police Officer's Association 12/30/2022 1,615.66 POA Dues PD 12/23/2022 124637 11208 SEIU Local 620 AFL/CIO 12/30/2022 848.29 SEIU Dues PD 12/23/2022 124638 12171 State Water Resources Control Board 12/30/2022 41,906.70 CWSRF C-06-4793-130 C#08822-550-0 Pismo Oaks Lift Stat 124639 13097 The Standard 12/30/2022 1,531.95 Life & Additional Life Insurance Coverage Nov 2022 124640 13073 VSP- Vision Service Plan (CA) 12/30/2022 1,719.32 VSP Vision Coverage December 2022 124641 10695 AFLAC 12/30/2022 2,960.74 Supplemental Disability Insurance - November 2022 Total: 1,549,224.97
Council Agenda 1-17-2023 9.B-7
Attachment 2
Packet Page 21

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

DEPARTMENT ACTIVITY REPORTS FOR NOVEMBER 2022
RECOMMENDATION:

Receive reports as information only.

BACKGROUND:

The attached monthly department activity reports are for Council’s information.

FISCAL IMPACT:

Not applicable.

ALTERNATIVES:

1.Request additional information from staff.

ATTACHMENTS:

1.Administrative Services Department (Feeser)

2.City Manager's Office (Lewis)

3.Community Development Department (Downing)

4.Fire Department (Lee)

5.Management Services Department (Garcia)

6.Police Department (Smith)

7.Public Works and Engineering (Fine)

8.Tourism and Events Department (Jackson)
Prepared by: Respective departments. Meeting Date: January 17, 2023 City Manager Approval:

9.C-1Council Agenda 1-17-2023
Packet Page 22

City of Pismo Beach - Administrative Services Department Monthly Report – December 2022

KEY REVENUES

Transient Occupancy Tax (TOT)

As of January 1, 2021, TOT revenues are 11% of gross lodging revenues. These revenues reflect approximately 47% of the City’s General Fund budgeted revenues. Preliminary data for November rentals indicate that November 2022 TOT revenues are $ 1,065,992 which is below the year ago November 2021 TOT revenues of $1,153,241 by $87,249, or -7.57%. This is a preliminary amount as not all properties have reported. The following chart illustrates TOT revenues received in FY 2022 and FY 2023 by month.

Sales Tax Revenues

Sales tax revenues represent 1% of taxable sales received by the City. Fiscal Year 2023 sales tax revenues collected through December 2022 amount to $1,460,254, which is above the year-ago total of $1,377,175 by $83,078 or 6.03% for the same reporting period. Sales tax revenues are typically received 3 months after the month for which it was collected. The following chart illustrates sales tax revenues received in FY 2022 and FY 2023 by the month in which the sales tax was collected.

9.C-2Council Agenda 1-17-2023
Attachment 1
Packet Page 23

ECONOMIC INDICATOR

Consumer Price Index (CPI): For the Los Angeles/Riverside/Orange County area, the percent change in the CPI for the twelve months ending in November 2022 was 6.01%.

OPERATIONS

Finance

Financial Reporting
• FY 2022 Audit:
o Staff provided the final fixed asset and GASB 87 documents to the City’s auditors. o Staff continued to compile information for the FY 2022 Annual Comprehensive Financial Report.
o Staff remained busy responding to additional questions and providing documents as needed to the City’s auditors.
o The Audit will be published in January 2023 instead of December this year due to impacts related to staff vacancies.
• Annual State Controller’s Report for Streets: The Annual State Controller’s Report for Streets was submitted to the State Controller’s Office, who uses this report to determine future funding for street projects in the City.
• Annual Pier Report: The Annual Pier Report was submitted to the California State Lands Commission for FY 2022.
• Year End Preparation: Staff prepared and reconciled for calendar year-end reporting requirements such as W-2’s and 1099’s to outside agencies.

9.C-3Council Agenda 1-17-2023
Attachment 1
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Budget
• FY 2024 and FY 2025 Budget Development: The Administrative Services Director met with the City Manager to develop the FY 2024 & FY 2025 Budget Development schedule. Council members will begin seeing requests for April and May special budget workshops shortly.

Projects
• Central Coast Blue: Staff worked with WSC to submit financing applications for the Central Coast Blue project to the State’s Clean Water State Revolving Fund loan program and the EPA’s WIFIA loan program. This is a big step in obtaining financing for the non-grant funded portion of the project.

Payroll
• Payroll Year-End: Staff prepared the 2023 payroll changes, including updating tax tables, deferred comp limits, etc.
• Payroll: Staff implemented open enrollment changes, vacation payouts, and uniform allowances for the pay period ending December 4, 2022.

Staff
• Account Clerk: Jessica Benzon, the new Account clerk started in the Administrative Services Department. We are excited to welcome Jessica to the team! • Account Technician: Following the retirement of the Department’s Accounting Technician, an open recruitment took place, and an offer has been extended to a new Accounting Technician. She is currently in the background process with an anticipated start date at end of January.
• Development:
o Finance staff attended a Springbrook webinar on W-2 year-end reporting. o The Account Clerk attended a Springbrook webinar on 1099 year-end reporting.

Technology

Infrastructure
• Corporate Yard Remodel: IT assisted Public Works with extending the SCADA network to the remodeled Corporate Yard building.
• Council Chamber Automated Camera System Project: IT and the City Clerk demonstrated the City Council Chamber’s automated camera system to the City of San Luis Obispo’s City Clerk and IT supervisor.
• Sharepoint: IT moved Fire, Recreation, and Utilities folders to SharePoint. This leaves the Public Folder as the only drive that has not been migrated to SharePoint. • Jail Management System: IT assisted Police with testing and deploying the County’s new web-based Jail Management System, which will reduce human error from reading officer’s handwriting.
• City Hall: IT assisted Finance with installing a new workstation for the recently hired accounting clerk.

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• Safety & Security
• City Hall: IT added the 1st floor conference room door to City Hall’s access control system. • Dispatch: IT met with Police and SunRidge to set the kick-off date of the Police Department’s CAD/RMS system replacement project.
• License Plate Recognition: IT worked with Police to kick-off the Vigilant License Plate Reader system project which will collect, organize, and share data to law enforcement personnel and provide intelligence that is readily accessible and easy to use.

Accounts Payable December November October
Invoices Entered / Checks Issued:873/362 715/282 654/270 New purchase orders issued:10 13 8
New contract purchase orders issued:4 3 2
Change Orders / Amended PO's issued:5 2 9
Total dollar amount of all PO's issued:777,767$ 310,207$ 202,450$ Total Invoices paid:4,712,725$ 1,407,294$ 2,876,335$ Total No. of Voids processed: 1 0 2
Total Dollar amount of Voids:49$ -$ 1,426$ Business License Certificates
Renewed Licenses issued / New Licenses 39/13 71/14 304/39 Utility Billing
Downtown: Routine Utility Bills:2813 0 2813
Delinquent Utility Bills:0 210 0
Shell Beach: Routine Utility Bills:0 2,142 0
Delinquent Utility Bills: 161 0 157
Cash receipts:713,845.56$ 991,894$ 842,027$ Customer accts paid/ACH Direct/Online Bills:2061/254/613 2709/329/710 2104/256/608 48 Hour Notices / Water Lock-Outs:0/0 0/0 0/0
Meter Sets / Meter Change Outs / Demos:10/1/0 0/2/1 0/1/0 Change Orders / Closing Bills:45/35 39/33 40/32
Billing Adjustments / Deposits:19/31 39/57 10/26
Delinquent Closed Invoices / Write-Offs:0/0 0/0 0/0
Administrative Services Department
Statistical Activity Report - December 2022

9.C-5Council Agenda 1-17-2023
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CITY MANAGER’S OFFICE ACTIVITY REPORT DECEMBER 2022

 Met with Council Members to discuss various topics of interest.  Met with Department Heads to discuss various topics of interest.  Traveled to Monterey to attend the Cal Cities League Leaders Workshop  Attended department orientation meetings for new Council Member, Stacy Inman.
 Participated in the “Youth and Government Day” for local teens.  Attended Central Coast Blue Management Team meeting.
 Traveled to Paso Robles for the SLO County Regionalism Meeting for Housing and Infrastructure Discussion
 Met with local area City Managers for a Central Coast Blue Discussion  Participated in the Coastal Cities Group Leadership Committee meeting  Met with Federal Lobbyist
 Attended the Short-term Rental Advisory Task Force meeting  Met with South County Chamber of Commerce staff

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December 2022 CDD Monthly Report 1

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

BUILDING DIVISION

ISSUED PERMITS SUMMARY

Date Permit
Number
Address Description Valuation Total Fees
12/01/2022 B22-000422 152 Naomi
Drive
Residential
Alteration
$20,000.00 $1,347.12
12/02/2022 B22-000539 80 El Viento Re-roof Residential $4,275.00 $298.38 12/05/2022 B22-000426 290 Reef Court Solar PV -
Residential
$28,400.00 $657.58
12/05/2022 B22-000433 138 Summit
Drive
Residential
Addition
$150,000.00 $11,717.17
12/05/2022 B21-000517 117 Seacliff
Lane
Residential
Alteration
$55,000.00 $4,447.43
12/06/2022 B22-000491 620 Cypress #B Retaining Wall $5,000.00 $491.93 12/06/2022 B22-000434 2689 Spyglass
Drive
Residential
Alteration
$80,220.00 $4,941.10
12/06/2022 B22-000453 333 Five Cities
Drive
Commercial
Alteration
$15,000.00 $1,054.98
12/06/2022 B22-000414 333 Five Cities
Drive
Commercial
Alteration
$175,000.00 $8,277.75
12/07/2022 B22-000519 129 Paddock
Lane
Plumbing,
Mechanical &
Electrical
$- $138.80
12/07/2022 B21-000064 2655 Shell
Beach Road
Apartment
Dwelling
$1,446,767.49 $741,320.52

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December 2022 CDD Monthly Report 2
12/08/2022 B22-000385 241 Encanto
Drive
Solar PV -
Residential
$34,686.00 $643.58
12/09/2022 B21-000505 960
Wadsworth
Avenue
Solar PV -
Residential
$32,802.00 $782.49
12/09/2022 B22-000490 145 Limerick
Lane
Plumbing,
Mechanical &
Electrical
$- $319.29
12/09/2022 R22-000074 145 Limerick
Lane
Residential $- $97.47
12/12/2022 R22-000014 211 Radda Way Residential $- $89.89 12/12/2022 B22-000550 400 Longview
Avenue
Plumbing,
Mechanical &
Electrical
$- $141.64
12/13/2022 B21-000519 2655 Shell
Beach Road
Fire Sprinklers -
Residential
$95,000.00 $5,414.07
12/13/2022 B22-000402 690 Vista
Pacifica Circle
Solar PV -
Residential
$29,057.00 $742.73
12/13/2022 R22-000071 1241 Dolliver
Street
Revision $- $97.47
12/13/2022 B21-000302 890 Delano
Street
Residential
Addition
$159,075.00 $11,139.49
12/14/2022 B22-000526 129 Paddock
Lane
Solar PV -
Residential
$5,928.00 $445.98
12/14/2022 B22-000531 483 Dolliver
Street
Plumbing,
Mechanical &
Electrical
$- $515.96
12/14/2022 B22-000552 306 Boeker
Avenue
Re-roof Residential $14,972.00 $86.77
12/15/2022 B22-000482 1075 Canyon
Lane
Solar PV -
Residential
$18,000.00 $445.98
12/15/2022 B22-000515 204 Windward
Avenue
Residential
Alteration
$20,000.00 $1,687.57

9.C-8Council Agenda 1-17-2023
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December 2022 CDD Monthly Report 3
12/16/2022 B22-000429 2522 Coburn
Street
Plumbing,
Mechanical &
Electrical
$- $470.06
12/20/2022 B22-000432 2171 Costa
Brava Road
Solar PV -
Residential
$26,733.00 $460.98
12/20/2022 B22-000454 1353 Shell
Beach Road
Solar PV -
Commercial
$66,800.00 $1,056.38
12/20/2022 B22-000501 319 Morro
Avenue
Plumbing,
Mechanical &
Electrical
$- $239.09
12/20/2022 B22-000535 115 Karen Way Solar PV -
Residential
$6,669.00 $445.98
12/20/2022 B22-000544 135 Naomi
Avenue
Solar PV -
Residential
$8,151.00 $445.98
12/20/2022 B22-000510 961 Fresno
Street
Residential
Alteration
$15,000.00 $1,332.60
12/20/2022 B22-000497 860
Wadsworth
Avenue
Residential
Alteration
$5,000.00 $455.07
12/20/2022 B21-000359 861 Norma
Drive
Residential
Alteration
$11,900.00 $818.76
12/20/2022 B22-000560 120 Irish Way Re-roof Residential $14,600.00 $84.30 12/21/2022 B22-000516 1613 Costa
Brava
Solar PV -
Residential
$20,000.00 $664.19
12/21/2022 B22-000514 661 Vista
Pacifica Circle
Residential
Alteration
$11,191.28 $839.61
12/29/2022 B22-000568 865 Oak Park
Boulevard
Plumbing,
Mechanical &
Electrical
$- $380.59
12/29/2022 B22-000451 2121 Price
Street
Commercial
Alteration
$58,000.00 $3,602.65
Total 40 $2,633,226.77 $808,639.38

9.C-9Council Agenda 1-17-2023
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December 2022 CDD Monthly Report 4

NEW APPLICATIONS SUMMARY

Date Permit
Number
Address Description Valuation
12/01/2022 B22-000514 661 Vista Pacifica Circle Residential Alteration $11,191.28 12/02/2022 B22-000542 971 Fresno Street Re-roof Residential $7,700.00 12/05/2022 B22-000541 841 Bay Street Residential Alteration $55,000.00 12/06/2022 B22-000519 129 Paddock Lane Plumbing, Mechanical & Electrical
$-
12/06/2022 B22-000544 135 Naomi Avenue Solar PV - Residential $8,151.00 12/06/2022 B22-000545 167 Pier Avenue Residential Alteration $910.11 12/09/2022 R22-000077 139 El Portal Revision $-
12/12/2022 B22-000550 400 Longview Avenue Plumbing, Mechanical & Electrical
$-
12/13/2022 R22-000079 139 El Portal Revision $-
12/13/2022 B22-000551 2561 Coburn Lane Solar PV - Residential $- 12/14/2022 B22-000543 691 Lemoore Street Residential Alteration $40,000.00 12/14/2022 B22-000552 306 Boeker Avenue Re-roof Residential $14,972.00 12/15/2022 B22-000557 2736 Barcelona Single Family Residence $387,269.88 12/15/2022 B22-000559 244 Christine Way Residential Alteration $100,000.00 12/15/2022 B22-000548 56 Capanna Street Residential Alteration $5,281.00 12/16/2022 B22-000560 120 Irish Way Re-roof Residential $14,600.00 12/18/2022 B22-000563 558 San Luis Avenue Single Family Residence $659,193.76 12/18/2022 B22-000564 558 San Luis Avenue Demolish Single Family $10,000.00 12/19/2022 B22-000570 503 Five Cities Drive Sign - Illuminated $2,185.00 12/19/2022 B22-000558 152 Naomi Avenue Solar PV - Residential $15,561.00 12/19/2022 B22-000568 865 Oak Park Boulevard Plumbing, Mechanical & Electrical
$-
12/19/2022 B22-000567 1161 Longview Avenue Residential Alteration $30,000.00 12/20/2022 B22-000547 601 Cypress Avenue Plumbing, Mechanical & Electrical
$-
12/21/2022 B22-000555 2737 Barcelona Single Family Residence $470,599.04 12/21/2022 B22-000569 2568 Coburn Lane Residential Alteration $5,000.00 12/22/2022 B22-000575 333 Five Cities Drive Sign - Illuminated $2,400.00 12/22/2022 R22-000080 139 El Portal Revision $-
12/22/2022 B22-000573 219 Indio Drive Plumbing, Mechanical & Electrical
$-
12/22/2022 B22-000556 2738 Barcelona Single Family Residence $514,914.08 12/22/2022 B22-000553 2731 Barcelona Single Family Residence $361,982.20 12/22/2022 B22-000554 2733 Barcelona Single Family Residence $326,476.44 12/22/2022 B22-000561 2734 Barcelona Single Family Residence $461,386.00 12/22/2022 B22-000562 2732 Barcelona Single Family Residence $526,823.04 12/22/2022 B22-000580 143 Vista Del Mar Residential Addition $350,000.00

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December 2022 CDD Monthly Report 5
12/23/2022 B22-000579 235 Cuyama Avenue Residential Addition $500,000.00 12/23/2022 B22-000581 265 Encanto Drive Residential Alteration $75,000.00 12/23/2022 B22-000582 333 Five Cities Drive Commercial Alteration $20,000.00 12/27/2022 B22-000585 970 Wadsworth Avenue Residential Alteration $120,000.00 12/28/2022 B22-000590 503 Five Cities Drive Fire Sprinklers - Commercial
$9,220.00
12/28/2022 B22-000578 130 Bluff Drive Residential Alteration $12,500.00 12/30/2022 B22-000592 0 Ventana Public Works and Utilities $- 12/30/2022 B22-000593 0 Florin Street Public Works and Utilities $- 12/30/2022 B22-000591 773 Shamrock Lane Plumbing, Mechanical & Electrical
$-
12/30/2022 B22-000594 690 Dolliver Street Commercial Alteration $- Total 44 $5,118,315.83

SPECIAL PROGRAMS AND PROJECTS:
• Development Review Team Meeting was held weekly, and the pending review report was reviewed to ensure timely return on plan reviews among all divisions in the development process. • The Pismo Beach specific code amendments have been submitted to the California Building Standards Commission for review and approval.
• Building staff met with CitizenServe to discuss the move to update permitting software and online portal launch.

INSPECTIONS PERFORMED: 184

PLAN REVIEWS:
• Building: 56
• Planning: 4

CODE COMPLIANCE

CASE SUMMARY:
• Cases Closed: 11
• Cases Opened: 45
• Site Visits: 107
• Notice of Violation / Citation: 18

PLANNING DIVISION

CITY COUNCIL AND ADVISORY BOARD MEETINGS:
• City Council: Staff prepared reports and attended the December 6, 2022, and December 20, 2022, regular meetings.
• Planning Commission: Staff prepared reports and attended the December 13, 2022, regular meeting.

The December 27, 2022, regular meeting was cancelled in observance of the holiday.

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December 2022 CDD Monthly Report 6
NEW APPLICATIONS SUMMARY:

Project Number Date Received Address Description
P22-000126 12/1/2022 629 Hanford Street Time Extension
P22-000127 12/12/2022 690 Dolliver Street New Signs – Tito's Restaurant P22-000128 12/12/2022 701 Price Street New Wall Signs
P22-000129 12/12/2022 2121 Price Street New Pole Sign
P22-000130 12/13/2022 244 Christine Way Admin DP for Addition P22-000131 12/14/2022 76 Capanna Street Accessory Structure - Shed H22-000016 12/20/2022 289 Irish Way Home occupation

PROJECT ADMINISTRATION:
• Administrative Reviews: 30
• Discretionary Reviews: 32
• Plan Checks: 42
• Site Inspections: 26

SPECIAL PROJECTS UPDATE/OTHER:
• General Plan/Local Coastal Program: Staff reviewed public hearing drafts and revisions memos following the five previous study sessions. Staff onboarded the new Council Member following certification of election results. Preparations are being made for the January study session. • Central Coast Blue: Staff worked on a City Council report to authorize processing of a consolidated permit for underground infrastructure associated with Central Coast Blue. • Housing Legislation: Staff worked on the housing legislation implementation report.

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December 2022 CDD Monthly Report 7
• Affordable Housing: Following the City Council’s action regarding the senior affordable housing project at 2655 Shell Beach Road, staff finalized and executed associated agreements and assisted in the project’s financial closing. Construction has begun on the project. • Housing Trust Fund Commission: Staff attended the December Housing Trust Fund Commission meeting.
• Youth in Government Day: Staff attended the Youth in Government Day developed by the City Manager and discussed the different aspects of Community Development, as well as the different paths available for a career in the profession.
• Façade Improvement Program: The City’s consultants completed a Program flyer following Council direction on the Program. Staff is updating application materials in preparation for the upcoming rollout of the Program.
• Short-Term Rentals: Staff prepared for and attended the kickoff meeting for the Short-Term Rental Advisory Task Force on December 22, 2022.
• County Regionalism Meeting: Staff attended the County Regionalism Meeting to discuss housing and infrastructure.
• HASLO Senior Housing Project: Earthwork has begun on the project at 2655 Shell Beach Road. • Personnel: The Community Development Department welcomed Lindsay Christiansen to the City team as the Planning Division’s Administrative Secretary. • Regional Housing Action Team: Staff attended the monthly regional housing meeting. • Coastal Commission: Staff traveled to Long Beach to attend the Coastal Commission meeting regarding an appeal of the City Council’s approval of a Coastal Development Permit on Naomi Avenue. The Commission found No Substantial Issue on the appeal and the Council’s approval stands.
• Coastal Cities Group: Staff participated in the Coastal Cities Group Leadership Committee meeting.

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John Owens, Unit Chief

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

Fire Prevention
• 49-Plan reviews (Building/Planning)
• 13-Site visits
• 2-Fire Final
• 2-Emergency response
• 1-Knox updates
• 2-Special Event
• Public Service Call, broken fire line
• ISA World Para Surfing Championship
• Commercial Alarm Testing (Hotel)
• Judkins Middle School inspection
• Building/Planning meeting
Administration/Vegetation Management
• Fire staff met with San Luis Obispo County Planning to express concerns over the roundabout construction at Avila Beach Drive and Shell Beach Road. A potential plan is to close the intersection for 40 days during construction. The closure would significantly impact receiving Auto Aid from County Fire, San Luis City Fire and San Luis Ambulance into North Shell Beach. The closure would also impact the City of Pismo Beach providing Auto Aid into Avila and Diablo Canyon Power Plant. Fire is asking for a phased approach to reduce impact.

• Fire Administration staff is working on a CAL FIRE grant-California Climate Investment (CCI) Grant. This grant has the potential to fund needed equipment for vegetation management. Fire staff will work with Public Works for their needs as well as Fire Department needs.

Lifeguards/Junior Lifeguard Program
• The ISA World Para Surf Championship occurred the week of 12/5/22. With most of our Lifeguards back in school and out of the area we augmented staffing with Fire Rescue Swimmers to assist the Lifeguards that were available. The event December 2022 Activity Report

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was a success, and the Lifeguards and Fire Rescue Swimmers were busy with rescues and preventatives for the event.

December 2022 Stats

Number of Calls % Type of Incident
0 0.00%Debris
92 73.02%Emergency Medical
0 0.00%Fire Alarms
0 0.00%Fire Menace Standby
1 0.79% Flooding
0 0.00%Gas Leak
8 6.35%Other
13 10.32%Public Service Assistance
0 0.00%Smoke Check
1 0.79%Structure Fire
11 8.73%Traffic Collision
0 0.00%Vehicle Fire
0 0.00%Wildfire
126 100.00%
Incidents by City Response Area
Medicals Other % Descriptive Area
10 2 9.52% Palisades A
4 1 3.97% Spyglass B
7 9 12.70%Shell Beach Village C
4 0 3.17%Mattie Rd D
4 3 5.56%Shorecliff E
16 2 14.29% Downtown F
6 4 7.94% Heights G
12 5 13.49%Ventana H
10 3 10.32%Trailer Parks I
15 3 14.29%Five Cities Dr J
4 2 4.76%James Way K
Total 126 100.00%

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MANAGEMENT SERVICES DEPARTMENT

MONTHLY ACTIVITY REPORT

December 2022

MANAGEMENT SERVICES DEPARTMENT

CITY CLERK

ADVISORY BODIES
• Began notifying incumbent members of upcoming term ends and provided information about reapplication.
• City Clerk clerked the December 13, 2022 Planning Commission meeting. • Preparation for launch of annual advisory body recruitment. Application period will close January 31, 2023.

ELECTIONS & POLITICAL REFORM
• November 8, 2022 election results were certified by the County Clerk-Recorder's office. Elected Mayor and Council Members were seated at the December 12, special Council meeting. • Provided information to committee holders about the closure of campaign committees. Next form 460 campaign finance statements are due January 31, 2023. • Coordination with candidates on next steps for campaign finance committees.

RECORDS MANAGEMENT
• Ongoing review of numerous records requests.
• Ongoing coordination with the City’s claims handlers and counsel to provide relevant records.

CPRA REQUESTS COMPLETED
• Mihaly, Council Districts
• Clark, Types of Pipes
• Noland, 101 and 175 Pomeroy Avenue Building Permits
• Shuman, Mountain Lion Sightings
• Chojnacky, 164 Seacliff, 232 Capistrano, and 77 La Gaviota • Rusch, Police Settlements
• Walta, 372 Boeker Plans
• Daly, Case No. 22-1761 Police Report
• Erben, 850 Merced Building Records
• Horton, 2665 Shell Beach Road Building Plans
• Horton, 2665 Shell Beach Road Building Permits
• Iskowitz, Online Theft Police Report
• Lloren, 2128 Costa Del Sol Building Plans
• Turner, City Manager Employment Agreement
• Tymchek, Pismo Lighthouse Suites and Shore Cliff Lodge • Macias, 102 and 106 Beachcomber Building Plans

HUMAN RESOURCES
• Recruitment:
o Accounting Technician

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• Interviews:
o PT Recreation Coordinator I & II - TBD
o Maintenance Worker PT – TBD
o Maintenance Worker (Sanitation Tech, Landscape Tech) – 12/16 & 12/21/22 o Engineering Intern – 12/5/22 & 12/6/22
o Account Technician – 12/14/22 & 12/16/22

• Backgrounds:
o Administrative Secretary
o Account Clerk
o PT Recreation Office Assistant
o PT Parking Enforcement
o PT Community Service Technician
o Engineering Intern
o Maintenance Worker (Sanitation Tech, Landscape Tech
o Account Technician

• New employee orientation:
o Code Enforcement Officer
o Account Clerk
o Administrative Secretary CDD

• Conditionals:
o PT Recreation Office Assistant
o PT Parking Enforcement
o PT Community Service Technician

• Offer:
o Account Clerk
o Administrative Secretary CDD
o Engineering Intern
o PT Recreation Office Assistant
o PT Community Service Technician

TRAINING AND STAFF DEVELOPMENT
• This month, the city held its 8th session of the Managers and Supervisors Training Academy. This week’s session was presented by the Fire Department/Cal FIRE on the function and role of the Department, current trends, and stats they are seeing, as well as a hand-on demonstration of vehicle extrication and a simulated cliff rescue.

LEGISLATIVE AFFAIRS
• The City Manager and Assistant City Manager are coordinating with our federal lobbyist to evaluate funding opportunities for the bluff protection and coastal access along Ocean Blvd. following the direction from City Council.
• The State and Federal Legislative Platforms were approved by the City Council. The Department Head Team met with our lobbyists to discuss funding opportunities and changes in legislation.

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PUBLIC OUTREACH / PUBLIC INFORMATION
• New Postings:
o Holiday Light Contest
o Water Conservation following Rain

• Using the City’s style guide, staff has developed a streamlined solution to enhance and have consistency in the visual look of public information distribution through the use of Canva, an online platform that simplifies graphic design.
• Staff from Public Works began filming our new video series on water conservation. Short videos with tips and information on rebates will be distributed to provide information in different ways. • The City has received over 500 different priority submittals from the community.

SOCIAL MEDIA
• New Postings:
o Holiday Harmony
o Holiday Lights
o Water Conservation

RISK MANAGEMENT

• Held follow up conversation with CJPIA staff regarding outstanding claims to close out files in the areas of general liability, workers compensation and damage to city property. Staff is also putting together information for the Annual Risk Management Update to the City Council.

LIABILITY CLAIMS RECEIVED

• Safeplay by Design - Gonzalez, Pier slide
• Thai, pavement issue
• Larrabee, Pismo Pier Slide

OTHER
• Assistant City Manager attended the inaugural Central Coast Blue JPA meeting. In addition to establishing Bylaws for the JPA and transferring the property on Huber from the City of Pismo Beach to the JPA, the board selected Mayor Waage to serve as the Chair for the JPA. • Coordinating City Manager’s approval memorandum, and corresponding Insignia Policy update, for the adoption of a new “Experience Pismo Beach” tourism logo. • City Clerk attended the Cal Cities New Law and Elections Seminar in Monterey • The City held an information session for the Public Safety Facility with the Design-Build teams.

The meeting was the first opportunity for the firms to ask clarification questions of staff as they begin their design options. One of the firms also scheduled an inspection of Old City Hall/Grammar School. We anticipate site inspections will continue to occur throughout December and January.

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Pismo Beach Police Department
1000 Bello Street, Pismo Beach, CA 93449
(805) 773-2208
www.pismobeach.org/police
Monthly Activity & Crime Statistics Report
December 2022
Date Posted_________
Submitted: 01/06/2023 9.C-19Council Agenda 1-17-2023
Attachment 6
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PISMO BEACH POLICE DEPARTMENT
DECEMBER 2022

MONTHLY ACTIVITY AND CRIME STATISTICS

Table of Contents

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

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

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

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PISMO BEACH POLICE DEPARTMENT
DECEMBER 2022

MONTHLY ACTIVITY AND CRIME STATISTICS

OFFICE OF THE CHIEF

1. On December 01-02, 2022, Chief Smith attended the California League of Cities Leaders Workshop.

2. On December 08, 2022, Chief Smith along with other city leaders from Arroyo Grande and Grover Beach spoke to Arroyo Grande and Nipomo High School Associated Student Bodies about city government.

3. On December 09-10, 2022, Chief Smith attended California Police Chiefs Association Board Meeting.

4. On December 15, 2022, Chief Smith participated in the California Police Chiefs “Legislative Committee Meeting.”

MONTHLY TRAINING REPORT

POLICE VOLUNTEERS SUMMARY

Volunteer Service Hours
Patrol 2.25
Special Events 1.5
Administrative 68.5
Call-Outs 0.00
Training/Misc. 2.50
Total Hours 74.75

OVERTIME & SALARY

Total Overtime Budgeted FY 2023 $272,877.00
Total Overtime Spent YTD $131,435.43
Percentage Overtime Spent YTD 48.16%

Total Salary Budgeted FY 2023 $3,917,960.18
Total Salary Spent YTD $1,649,087.84
Percentage Salary Spent YTD 42.09%

Type of Training Attending Personnel Hours
SWAT Monthly Training 2 Officers 24
Lexipol Daily Training Bulletins 20 Officers, 9 Non-Sworn 43.5 Body Worn Cameras Online Briefing Training 18 Officers 36 Mastering Consent Searches: Webinar 1 Officer 1.5
Three Search & Seizure Golden Rules: Webinar 1 Officer 1.5 Total Hours 323.5 Hours 106.5

9.C-21Council Agenda 1-17-2023
Attachment 6
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PISMO BEACH POLICE DEPARTMENT

INVESTIGATIONS DIVISION

MONTHLY STATISTICS
November 2022
Routine Investigations
Arrests 3
Total Cases Worked 23
- Property Crimes 3
- Person Crimes 1
- Sex Crimes 1
- Other Criminal 13
- Other Non-Criminal 5
Supplemental Reports Completed 9
- Closed Cases – Misdemeanor 2
- Closed Cases – Felony 4
- Cases Filed with DA – Misdemeanor 0
- Cases Filed with DA – Felony 4
- Informational only 6

Investigation Management
Cases Assigned – Current 16
Cases Reviewed 47
Missing Person Cases Reviewed 1

Property and Evidence
New Property Cases 0
Property Purged 127
Physical Property Booked 138
Digital Property Booked 107
Property Auction 18
Evidence Items Processed 2
Fingerprint Submitted 0

Compliance and Permits
Annual PC 290 Registration Renewals 1
CCW Background Investigations 2
H&S 11590 Registration 0
PC 451.7 Arson Registration 0
Massage Establishment/Practitioner Permits/Inspections 3

Special Operations
Massage Sting Operation 0
- Arrests 0
290 PC Compliance- Arrests 1
Alcohol Sting Operation 0
- Arrests 0

9.C-22Council Agenda 1-17-2023
Attachment 6
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PISMO BEACH POLICE DEPARTMENT

INVESTIGATIONS DIVISION

MONTHLY STATISTICS
November 2022 Tobacco Sting Operations 0
Prostitution Sting Operations 0
Warrants Authored 4
Warrants Served 4

9.C-23Council Agenda 1-17-2023
Attachment 6
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Jun 2019 Jul 2019
64%of reported actvity occurred between the hours of 7:00 a.m. and 6:59p.m. 36%of reported activity occurred between the hours of 7:00 p.m. and 6:59 a.m. 32%of reported activity occurred on the weekend.

Monthly Activity Analysis

PISMO BEACH POLICE DEPARTMENT
DECEMBER 2022

MONTHLY ACTIVITY AND CRIME STATISTICS
Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8 Zone 9 Zone 10 Zone 11 Zone 12 Zone 13 (OUT)
Percent 0.7%2.7%3.4%5.4%16.3%23.1%30.6%4.1%2.7%0.7%2.0%7.5%0.7% 1 4 5 8
24 34
45 6 4 1 3
11 1
Case Reports Per Zone
Sun
16%
Mon
13%
Tues
13%Wed
12%
Thurs
13%
Fri
17%
Sat
16%

ACTIVITY BY DAY OF WEEK
Days
64%
Nights
36%

ACTIVITY BY SHIFT

9.C-24Council Agenda 1-17-2023
Attachment 6
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WORKLOAD Dec 2022 Dec 2021 Nov 2022 Variant % Change YTD 2022 YTD 2021 Variant % Change Calls For Service 1,813 2,109 1,809 4 0.2%26,798 29,490 -2,692 -9.1% Community-Generated Calls 1000 1322 1016 -16 -2%15,272 17,181 -1,909 -11% Self-Initiated Activities 813 787 793 20 3%11,526 12,309 -783 -6% Incident Reports 157 182 163 -6 -4%2,494 2,911 -417 -14% 9-1-1 Calls 693 608 625 68 11%8,867 9,376 -509 -5%
Arrests 79 113 104 -25 -24%1,370 1,816 -446 -25%
Citations & Warnings 177 215 228 -51 -22%3,241 3,643 -402 -11% Parking Citations 780 1,131 706 74 10%12,227 12,342 -115 -1% Total Workload 3,699 4,358 3,635 64 2%54,997 59,578 -4,581 -8% PART 1 CRIMES
Arson 0 0 0 0 0%1 0 1 100%
Assault (Aggravated)4 0 1 3 300%23 25 -2 -8%
Auto Theft 2 1 2 0 0%16 26 -10 -38%
Burglary 2 3 2 0 0%81 69 12 17%
Homicide 0 0 0 0 0%0 0 0 0%
Larceny 18 24 13 5 38%210 220 -10 -5%
Rape 0 0 1 -1 -100%4 1 3 300%
Robbery 1 1 0 1 100%8 6 2 33%
Total Pt 1 Crimes 27 29 19 8 42%343 347 -4 -1%
0 0%0%
PART 2 CRIMES
Assault (Simple)1 6 0 1 100%54 57 -3 -5%
Disorderly Conduct 7 8 3 4 133%94 119 -25 -21%
DUI 10 16 9 1 11%101 180 -79 -44%
Forgery/Fraud 1 3 2 -1 -50%38 52 -14 -27%
Narcotics Offenses 9 26 20 -11 -55%293 440 -147 -33%
Sex Offense 2 0 0 2 200%23 9 14 156%
Vandalism/Graffiti 5 2 8 -3 -38%93 86 7 8%
Warrant Arrest 32 41 44 -12 -27%479 480 -1 0%
Weapons 5 3 0 5 500%29 61 -32 -52%
Total Pt 2 Crimes 72 105 86 -14 -16%1,204 1,484 -280 -19% DECEMBER 2022

PISMO BEACH POLICE DEPARTMENT

MONTHLY ACTIVITY AND CRIME STATISTICS
1322 1437 1299 1210 1271 1307 1407 1602
1339 1265
1051 1016 1000
787 775 879
1124 997 940 890
1216
944 1016 1056
793 813
182 215 228 203 199 213 221 263 200 217 200 163 157
Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 WORKLOAD TREND Community-Generated Calls Self-Initiated Activities Incident Reports

9.C-25Council Agenda 1-17-2023
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ARRESTS Dec 2022 Dec 2021 Nov 2022 Variant % Change YTD 2022 YTD 2021 Variant % Change Adult 79 111 102 -23 -23%1,342 1,802 -460 -26%
Juvenile 0 2 2 -2 -100%28 14 14 100%
Total Arrests 79 113 104 -25 -24%1,370 1,816 -446 -25%
0%
CITATIONS 0%
Traffic Violation Citations 64 72 83 -19 -23%1,226 1,420 -194 -14% Infraction 42 50 58 -16 -28%863 839 24 3%
Hazardous 0 0 0 0 0%0 2 -2 -100%
Misdemeanor 22 21 25 -3 -12%366 578 -212 -37%
Felony 0 1 0 0 0%0 3 -3 -100%
All Other Citations 88 129 112 -24 -21%1,482 1,630 -148 -9% Warnings 25 14 33 -8 -24%533 593 -60 -10%
Parking Citations 780 1,131 706 74 10%12,227 12,342 -115 -1% Total Citations 957 1,346 934 23 2%15,468 15,985 -517 -3% TRAFFIC ACTIVITY 0%
Traffic Stops 239 317 233 6 3%3,721 5,174 -1,453 -28%
Traffic Accidents 9 7 10 -1 -10%155 160 -5 -3%
DUI 2 2 1 1 100%18 27 -9 -33%
Hit & Run 2 1 2 0 0%29 31 -2 -6%
Injury 3 1 2 1 50%36 41 -5 -12%
Property Damage Only 6 6 8 -2 -25%119 119 0 0%
0 0 0 0 0
0 0
0 4
0 2
1 4

MONTHLY ACTIVITY AND CRIME STATISTICS
DECEMBER 2022

PISMO BEACH POLICE DEPARTMENT
335
233
239
177
132
101
39 36
26 OCT
NOV
DEC
3 MONTH TRAFFIC STOPS ACTIVITY
Led to Arrest
Led to Citation
Vehicle Stops
22%
11%
11%
45%
11%

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

9.C-26Council Agenda 1-17-2023
Attachment 6
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PUBLIC WORKS AND ENGINEERING DEPARTMENT
DECEMBER 2022 ACTIVITY REPORT

CAPITAL IMPROVEMENT PROJECTS
Police Department Annex
• Finalizing revised floor plans and elevations.

Pier Ave Stairs Closure
• Waiting on cost from contractor to remove stairs.

Toucan Terrace Sewer Pipeline Trestle Bridge
• Trees trimmed back from sewer trestle for access to the work area. • 90% construction plans and bid specs.

North Shell Beach Rd Storm Drain Repair
• Job walk held December 1, 2022.
• Received 6 bids from contractors, low bid was $199,470. • Preparing staff report to award contract at the January 17, 2022 Council meeting

Palisades and Chumash Parks
• Consultant has prepared 90% construction and bid documents for review.

Bello and Price Canyon Signal
• Consultant has prepared Draft alternative analysis report for City review and comment.

Ocean Blvd Improvements
• Work continuing with construction of architectural finish shotcrete and pile cap sidewalk between Morro and Cuyama.

James Way Beautification Project
• Consultant is working on 60% plans.
• Supplemental Survey is in progress.

Ventana Tennis Courts
• 90% plans are in review by City staff.

Corp Yard Remodel/Addition and City Hall Improvements
• Corp Yard
o No change since last report
• City Hall
o Quote received from Paso Robles Glass for two new glass entry doors for employee lounge and upstairs employee entrance, staff reviewing. o Rough-in for keyless entry location at 1st Floor Conference room complete and ready for SOV to complete installation of equipment.

Park Signs
• Will be returning to PRBC on February 4th, 2023.

9.C-27Council Agenda 1-17-2023
Attachment 7
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Paving Project
• Construction of new ADA curb ramps and dig outs in advance of paving in progress on Mattie Road.
• Paving of the Bluff Trail at end of Indio Drive complete December 9, 2022. • Paving of Solar Way week of December 12, 2022.

Chapman Estate ADA Bathroom
• Job walk held December 8, 2022.
• Bids due December 22, 2022.
• Anticipate awarding a contract at the January 17, 2022 Council meeting.

Chapman Estate Windows
• No change since last report.

Chapman Estate Interior Repairs
• No change since last report.

Spyglass Dog Park
• Consultant has provided a Site Analysis Plan for staff review.

Palisades Tennis/Pickleball/Basketball Courts
• Consultant has prepared a Site Analysis Plan for parking and restroom addition.

PUBLIC WORKS OPERATIONS
Water
• Normal operations.
• Water staff responded to power outages City wide beginning on Saturday December 10th at 9pm that extended until Monday morning at approximately 4am. Staff worked shifts and were on site the full duration of the outage. Water supply was uninterrupted the entire time.

Wastewater
• Normal operations.
• Wastewater staff responded to power outages City wide beginning on Saturday December 10th at 9pm that extended until Monday morning at approximately 4am. Staff worked shifts and were on site the full duration of the outage. No sewage spills or violations occurred during the outage.
• Sewer spill at Ocean Blvd and Vista Del Mar. Approximately 50 total gallons, 20 of which entered a storm drain leading to the beach.
• Spyglass lift station lost its wet well level sensor. Staff responded, ran the station in manual until problem had been resolved. No spills occurred from this incident.

Public Facilities
• Normal operations.
• Storm Prep.
• Pothole repairs on Bello
• Holiday Harmony Setup.
• Tree lighting
• Station 64 Repairs.

9.C-28Council Agenda 1-17-2023
Attachment 7
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• Storm clean up.
• Graffiti abatement St. Jude’s.
• PD Generator tested and repaired.

ENGINEERING ACTIVITIES
Development Review/Permits/Inspections
• 2655 Shell Beach Road – Mixed Use Senior Affordable Housing Units – HASLO – Final PIP approved. Contractor completed construction of sidewalk on Seacliff. • Hanford/Shaffer Lane Development – No activity.
• Addie street sidewalk – Public Improvement Plans were submitted by developer and reviewed by City Staff. Redline comments were returned to the developer’s design team based on modification per an on-site meeting with the owner and City Staff. No work can commence until the developer has approved Public Improvement Plans (PIP), an Engineers Estimate, PIP fees paid based on the Engineers Estimate, and PIP bonds paid based on the Engineers Estimate.
• South Beachcomber Drive – Coastal Development Permit for 20 new residential lots off of Shell Beach Road. Vesting Tract Map is in review by City Staff. • 4th Street Peoples Self Help Housing project – Contractor continues with onsite work. • 4th Street Gas Station – Contractor continues with onsite work. • 401 Shell Beach Road (old Del’s Building) - Applicant submitted final building/site plans for review and comments.

OTHER ACTIVITIES

During the month of December project development review, staff performed 22 plan checks.

Engineering staff issued 6 encroachment permits and performed 29 field inspection during the month.

9.C-29Council Agenda 1-17-2023
Attachment 7
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March: N/A
YTD: N/A

VIC Walk-In Count: N/A
Daily Average: N/A

International visitors:

N/A

Inquiries/Comments
N/A

• Worked with Ampsurf who hosted a successful ISA World Para Surfing event. • Sent Visitors Guides to California, Nevada, Missouri, Texas, Virginia, Michigan, Wisconsin, New York and Washington.
• Received Leads from Visit California and added them to our newsletter. • Travel authorizations and registration for Laserfiche Empower 2023 Conference. • Submitted travel authorization forms for Gordon to attend CLIA Annual Meeting and Conference. • Attended the Virtual Travel and Adventure Show.
• Verified vendor business licenses for Chamber of Commerce Wine Walk. • Site tour of Jack House in San Luis Obispo with Rec.
• Compiled and submitted monthly report for Tourism and Events Department. • Terry, Melanie, Bill, Gordon and Micki completed the Certification for SLO CAL Welcome training program.
• Added links on Access Pismo and webpage for supplemental Special Events Application information for migration of applications to Laserfiche forms.
• Continued working on migration of paper applications to Laserfiche forms. • Finalized finance statements from September.
• Continued updating Marketing Plan for Chapman Estate with working on Marketing Opportunities, Event Types, Master Vendor List and and Influencer Referral packages. • Updated newsletter with new contacts.
• Processed payroll.
• Researched new businesses, phone numbers and web addresses to update Visitors Guide • Created a list to send to TJA Advertising on changes needed for the website. • Requested Citig update CVB/LBID Board Member and Liaison contact info. • Cancelled December 2022 CVB/LBID Board Meeting.
• Sent Special Event Application to Miners for possible Beach Clean up and added to volunteer oppor- Visitors Information Center and Airstream Highlights
• Saw various groups from multiple countries due to
ongoing ISA World Para Surfing Championships.
• Created January Schedule for employees.
• Researched new businesses in Pismo Beach to add
for next Visitors Guide Addition.
• Talked to visitors from Singapore, Dubai, Italy, Cana- da and Netherlands and British Columbia, Canada.
• Answered questions about Monarch Butterfly Grove,
Shopping, restaurants and hotels.
• Updated new visitors logs for January for Airstream
and Visitors Center use.

Chapman Estate Highlights
• Received offseason inquiry for proposal at Chapman
and sent out 3 applications.
• Site tour for Julie Knaus for 2023 wedding.
• Updated spreadsheet to reflect Chapman inquires
from 2022.
• Added new water consumption reading to Chapman
chart to track water saving efforts.
• Met with Public Works to discuss licensing agree-
ment items.
• Currently updating SEC application for 2023.
• Scanned all Chapman Visitor Logs into Laserfiche
from 2021 and 2022

9.C-30Council Agenda 1-17-2023
Attachment 8
Packet Page 51

PLATFORM TOTAL FANS/VIEWS NEW THIS MO.

Facebook 205,141 0
Twitter 6,147 -13
Instagram 69,645 141
YouTube 643,309 165
E-Newsletter 12,459
Pinterest 38,400 38,400

ExperiencePismoBeach.com THIS MONTH YEAR TO DATE
Total Sessions 77,231 454,783
Average Daily Visitors 2,491 2,972
All Lodging Referrals 3,979 29,567
Jack Rabbit Referrals 1,147 12,253
• https://www.begadistrictnews.com.au/story/8003468/
merimbula-para-surfer-john-wheele-takes-on-the-
worlds-best-in-california/
• https://highwaymail.co.za/473226/surfing-abroad/
• https://www.bristolpost.co.uk/news/bristol-news/
bristol-man-paralysed-waist-down-7880018
• https://www.loveexploring.com/galleries/158875/the-
west-coasts-most-charming-small-towns-and-cities?
page=2
• https://www.ksby.com/news/local-news/the-2022-
pismo-beach-world-para-surfing-championships-kick-
off
• https://news.yahoo.com/2022-pismo-beach-world-
para-050836124.html
• https://www.bournemouthecho.co.uk/
sport/23147739.bournemouth-para-surfers-set-us-
world-championships/
• https://www.youtube.com/watch?v=8BAaOgmPHmU
• https://www.npr.org/2022/12/04/1140630233/a-
participant-reflects-on-this-years-para-surfing-world-
championships-in-califor
• https://www.insidethegames.biz/index.php/
articles/1131212/isa-para-surfing-world-champs-la28
• https://www.sanluisobispo.com/news/local/
environment/article269160502.html
• https://www.wunc.org/2022-12-04/a-participant-
reflects-on-this-years-para-surfing-world-
championships-in-california
• https://www.ksby.com/news/local-news/international
-para-surfing-championship-returns-to-pismo-beach
• https://news.yahoo.com/international-para-surfing-
championship-returns-065238998.html
• https://isasurf.org/fresh-faces-and-returning-
champions-deliver-huge-performances-on-day-one-in-
pismo-beach/
• https://www.kclu.org/2022-12-05/leading-athletes-
from-around-the-world-all-of-whom-have-a-disability-
are-competing-off-the-central-coast
• https://ucanr.edu/blogs/bugsquad/index.cfm ?
tagname=monarch%20breeding%20season
• https://www.sfgate.com/centralcoast/article/monarch
-butterfly-booms-pismo-beach-17632617.php
• https://flipboard.com/topic/unitedstatestravel/-/a-
PlNbNqMkRJel627wFLhDgw%3Aa%3A3199657-%2F0
• https://www.youtube.com/watch?v=lAOfJAZ1agA
• https://www.sfgate.com/centralcoast/article/monarch
-butterfly-booms-pismo-beach-17632617.php
• https://www.carvemag.com/2022/12/isa-world-para-
surfing-championship-2/
• https://www.sanluisobispo.com/news/local/
article269731906.html
• https://keyt.com/lifestyle/community/2022/12/07/
international-surfing-association-world-para-surfing-
championship-kicks-off-at-pismo-beach/
• https://www.carvemag.com/2022/12/isa-world-para-
surfing-championship-day-3/
• https://www.roadsidesecrets.com/best-spots-to-
watch-monarch-butterflies/
• Agenda Review Meeting
• Department Head Meeting
• City Council Meeting
• SLO Coast Wine Collective Marketing Meeting
• Management Training Academy
• CLIA Annual Meeting and Conference
• Special City Council Meeting
• CalSEA Seasonal Spectacular
• Pismo Beach Chamber of Commerce Board
Meeting
• SLO CAL Wine Collective Sponsorship Meeting
• Issued SEC permit for Shell Beach Holiday Stroll,
Pismo Chamber Classic California Christmas Sip &
Shop and Classic California Christmas.

• Reached out to SEC members regarding update to
WSL SEC application for sandcastle building on
the first diamond of the pier near the Airstreams.

• Continued working on transferring SEC
applications to Laserfiche forms.

• Sent updated SEC calendar to Administrative
Services Department as requested.

9.C-31Council Agenda 1-17-2023
Attachment 8
Packet Page 52

• https://www.carvemag.com/2022/12/isa-world-para-surfing-championship-day-4/ • https://www.sandiegomagazine.com/features/aboard-amtrak-searching-for-adventure/article_d02ac6b0-74ed-11ed -9d13-cfdb04262af9.html
• https://keyt.com/lifestyle/community/2022/12/09/state-park-officials-see-up-to-over-24000-monarch-butterflies-so -far-at-pismo-beachs-monarch-butterfly-grove/
• https://nationworldnews.com/sara-almagro-reaches-world-cup-final-in-california-with-best-record-more-sports/ • https://www.france24.com/en/live-news/20221210-california-dreaming-para-surf-hopefuls-eye-los-angeles- olympics
• https://www.travelawaits.com/2838313/best-restaurants-central-coast-ca/ • https://www.hawaiinewsnow.com/2022/12/10/team-hawaii-needs-your-help-they-hit-waters-world-para-surfing- championship/
• https://www.abc.net.au/news/2022-12-10/emma-dieters-jocelyn-neumueller-world-para-surfing- championship/101758062
• https://www.legit.ng/world/1508802-california-dreaming-para-surf-hopefuls-eye-los-angeles-olympics/ • https://www.urdupoint.com/en/miscellaneous/california -dreaming-para-surf-hopefuls-eye-l-1607998.html • https://www.barrons.com/news/california-dreaming-para-surf-hopefuls-eye-los-angeles-olympics-01670637010 ? tesla=y
• https://www.iol.co.za/weekend-argus/news/para-surfer-raemondo-lessing-was-destined-for-greatness-since-birth- 8f55cbbc-8d9a-4458-a9bd-05d68eceff19
• https://www.bangkokpost.com/sports/2457350/california-dreaming-para-surf-hopefuls-eye-los-angeles-olympics • https://www.taipeitimes.com/News/sport/archives/2022/12/11/2003790522 • https://www.pittwateronlinenews.com/Gold -For-Emma-Dieters-ISA-World-Para-Surfing-Champ.php • https://www.cbc.ca/sports/paralympics/summer/canadian-para-surfer-victoria-feige-historic-4th-world-title-

1.6681977
• https://ca.sports.yahoo.com/news/canadian-para-surfer-victoria-feige-090005391.html • https://www.theinertia.com/surf/world -champs-crowned-at-the-isa-world-para-surfing-championships/ • https://www.insidethegames.biz/articles/1131535/para -surfing-pismo-beach • https://www.2ec.com.au/local-news/23701/
• https://www.rfi.fr/en/health-and-lifestyle/20221212-blind-surfer-matt-formston-conquering-the-world-s-biggest- waves
• https://www.bangkokpost.com/sports/2458459/blind-surfer-matt-formston-conquering-the-worlds-biggest-waves • https://www.breitbart.com/news/blind-surfer-matt-formston-conquering-the-worlds-biggest-waves/ • https://news.topwirenews.com/2022/12/11/conquering-the-worlds-biggest-waves-health-and-lifestyle-news-report -by-afr/
• https://mb.com.ph/2022/12/12/blind-surfer-matt-formston-conquering-the-worlds-biggest-waves/ • https://gulfnews.com/world/americas/blind-surfer-matt-formston-conquering-the-worlds-biggest-waves-

1.1670820572106
• https://www.begadistrictnews.com.au/story/8015665/bronze-for-john-wheele-at-the-world-championships/ ? cs=510
• https://www.news.com.au/world/blind-surfer-matt-formston-conquering-the-worlds-biggest-waves/ video/74089331410496440f8e3ab47c3a9997
• https://www.bbc.com/sport/disability-sport/63934388
• https://www.itv.com/news/wales/2022-12-12/amputee-surfer-becomes-wales-first-world-champion • https://www.rawstory.com/california-dreaming-para-surf-hopefuls-eye-los-angeles-olympics/ • https://www.carvemag.com/2022/12/gold-for-llywelyn-sponge-williams-wal/ • https://nation.cymru/sport/wales-has-its-first-surfing-world-champion/ • https://hardwoodparoxysm.com/team-usa-wins-world-championship-in-pismo-beach-for-the-third-time-surfcorner- it/
• http://www.dailyexpress.com.my/news/204306/blind-surfer-conquering-the-world-s-biggest-waves/ • https://www.sfgate.com/shopping/article/pismo -beach-hotels-17649093.php • https://japantoday.com/category/sports/blind -surfer-matt-formston-conquering-the-world%27s-biggest-waves • https://www.capetownetc.com/events/sport-and-outdoors/team-south-africa-places-5th-at-the-world-para-surfing- championship/
• https://lancasteronline.com/sports/outdoors/manheim -native-liv-stone-wins-gold-at-para-surfing-world- championships/article_52041064-7bd4-11ed-9f87-9b69608a0c57.html • https://www.goodhousekeeping.com/life/travel/g42318799/most-unique-airbnb-in-every-state/ • https://www.stuff.co.nz/national/300764473/the-antidote-five-happy-things-in-the-news-today-december-14

9.C-32Council Agenda 1-17-2023
Attachment 8
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• https://www.essentiallysports.com/us-sports-news-surfing-news-but-the-ocean-is-the-safest-place-for-me-para- surfing-legends-including-one-who-lost-sight-at-age-5-prove-nothing-can-stop-a-determined-soul/ • https://www.thetimes.co.uk/article/llywelyn-williams-becomes-first-welsh-world-surfing-champion-0tnv766t0 • https://www.cleveland.com/entertainment/2022/12/al-jardines-still-having-fun-fun-fun-with-beach-boys-brian- wilson-and-on-his-own.html
• https://www.atvrider.com/story/ride/where-to-ride-atv-sand-dunes-western-united-states/ • https://www.iol.co.za/weekend-argus/news/quadruple-amputee-surfer-comes-home-ranked-18th-in-the-world-out- of-50-athletes-39ebeca0-cfff-4421-9072-02b743fe2d79
• https://mercedcountytimes.com/monarch -count-surpasses-300000-butterflies-so-far/ • https://www.sfgate.com/shopping/article/pismo -beach-hotels-17649093.php • https://www.sfgate.com/shopping/article/places-to-visit-in-California-17665121.php • https://www.sfgate.com/centralcoast/article/monarch-butterfly-booms-pismo-beach-17632617.php • https://www.thetravel.com/what-to-do-in-pismo-beach-in-winter/ • https://pasoroblesdailynews.com/local-monarch-butterfly-population-looking-up-for-the-second-year/156109/ • https://www.mapleridgenews.com/sports/historic-win-for-canadian-para-surfer-victoria-feige/ • https://www.sanluisobispo.com/news/local/environment/article270217492.html • https://www.aberdeenlive.news/news/dad-aberdeenshire-para-surfing-prodigy-7961657 • https://www.yaktrinews.com/i/california-county-sees-highest-number-of-monarch-butterflies-in-more-than-20- years/
• https://www.americanhotels.co/blog/pismo -beach-guide-a-quick-guide-to-this-california-coastline/ • https://www.theedadvocate.org/11-fun-things-to-do-in-pismo-beach-with-kids-family-friendly-activities/ • https://phys.org/news/2022-12-california-county-highest-monarch-butterflies.html • https://www.travelawaits.com/2840746/best-wildlife-experiences-california-coast/ • https://easyreadernews.com/travel-photowalkstv-best-of-2022/ • https://www.travelawaits.com/2843076/most-popular-california-towns-2022/ • https://ca.sports.yahoo.com/news/ocean-everyone-canadian-para-surfer-002251925.html • https://www.ksby.com/news/local-news/clam-surfacing-phenomenon-prompts-advisory-at-the-oceano-dunes • https://www.sanluisobispo.com/news/local/community/cambrian/article270351242.html • https://www.pressandjournal.co.uk/fp/news/moray/5198770/quadruple-amputee-surfer-jade-edward-semi-final/

9.C-33Council Agenda 1-17-2023
Attachment 8
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RECREATION PROGRAMS
• Enrollment for winter / spring programs began in December. • Fall adult programs for December; programming for both outdoor and indoor classes include Yoga, Surf, Watercolor, Tae Kwon Do, Qi Gong, Judo and Latin/Ballroom Dance and a Low Impact Fitness class. • Recreation registered 87 participants for recreation programs in December. • Registrations for winter camps are full for art, theater, and volleyball. Recreation is in constant communication with instructors regarding enrollment, set-up and tear-down and additionally checking-in on the programs daily to ensure all is going well.
• Recreation continues to register participants over the phone to answer questions relating to upcoming classes and programs. For our active adults, phone transactions registrations are preferred. • Instructor payments/invoices/weekly cash reconciliation completed as scheduled.

Flyers for upcoming classes and camps were created and translated into spanish, with flyers uploaded onto Peachjar to promote these activities (school district promotional distribution service).

ACTIVITY GUIDE
• The Winter/Spring 2023 activity guide has been delivered to over 21,000 homes in the five cities area. With this dis- tribution, inquires for winter / spring programming have increased with registrations for activities and events con- firmed daily.

SPECIAL EVENTS
• Holiday Harmony December 2nd: This annual event and tree-lighting ceremony featured snow, crafts, cookie deco- rating, bounce houses, and holiday goodie bags from Santa himself. The weather held and attendance was robust with several hundred locals and tourists enjoying a winter wonderland on the pier promenade. • Recreation held Senior Dance on December 12th. This month’s theme was “Happy Holidays” and we had 35 in attendance. Staff provided a meal which included ham, au gratin potatoes, green beans, and dessert. Music was provided by our house band, The Swingin’ Bridge Band.
• Recreation is beginning to prepare for the Black & White Ball and upcoming Father Daughter Dance.

FACILITIES
• The new facility coordinator should begin in January of 2023. Recreation staff is currently filling in by taking in all park/hall reservations and reviewing current rentals on the books.

• Requests for rentals have been steady and rental requests for 2023 are already being reserved. • 6 Park rental applications and 7 hall reservations were booked for the month of December. • The Facility Attendant, Security Guard, and Janitorial service schedule is constantly updated as needed to reflect new rentals.
• Recreation communicated with special events regarding park application, fees, and rental details. Recreation sent the Janitorial service the monthly calendar for programs and cleaning schedule. • Adopt-a-bench inquires continue with currently the only benches along Shell Beach Road Streetscape and pier picnic tables available for adoption. Recreation staff contacted public works and are scheduling a meeting in January 2023 to develop a plan to strategically replace worn benches in need of replacement.

PUBLIC ART PROJECTS l PRBC
• The Bello Street Bridge project is near completions. At parts are ready for installation, but due to weather, installa- tion date was pushed back to January 2023.
• The next PRBC meeting is scheduled for Jan. 12th.

ADMINISTRATIVE
• Instructor payments and cash reconciliation were completed on a weekly basis. • Follow-up with instructors on enrollment and logistics for upcoming classes. • Invoices, contracts processed.
• Inquiries regarding recreational programs.
• Recreation Manager attended CJPIA Management Academy

9.C-34Council Agenda 1-17-2023
Attachment 8
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.D

SUBJECT/TITLE:

PAID PARKING QUARTERLY UPDATE–SECOND QUARTER OF FISCAL YEAR 2023

RECOMMENDATION:

No action recommended; for information only.

BACKGROUND:

This report provides the City Council and public with information on preliminary actual revenues and expenditures for Fiscal Year (FY) 2023 ending December 31, 2022, and the current balance of the Parking Enterprise Fund. This report also provides an update on parking initiatives.

FY 2023 Financial Update
The following table details the preliminary actual revenues and expenditures for FY 2023 compared to FY 2022.

Table 1: Parking Enterprise Fund Revenues & Expenditures through 2nd Quarter

FY 2023 2nd
Quarter Actuals
FY 2022 2nd
Quarter Actuals
Variance FY23
v FY22 ($)
V ariance FY23 v
FY22 (%)
July 1st Beginning Fund Balance 5,409,268$ 3,409,461$ 1,999,807$ 58.7%

REVENUES
Parklet Fee 39,018$ -$ 39,018$ Parking Citations 209,872 226,374 (16,502) -7.3% Interest Earnings 8,846 4,054 4,792 118.2% Rents & Leases 3,399 23,793 (20,394) -85.7% Parking Kiosks/Meters 977,461 1,057,217 (79,756) -7.5% Parking Permits 4,305 2,635 1,670 63.4% Miscellaneous Revenue 3,161 2,400 761 31.7% TOTAL REVENUES 1,246,061$ 1,316,472$ (70,410)$ -5.3%

EXPENDITURES
Salaries & Wages 92,071$ 106,364$ (14,293)$ -13.4% Benefits 29,287 44,230 (14,943) -33.8% Purchased Professional Services 2,804 978 1,826 186.7% Other Purchased Services 24,542 36,006 (11,464) -31.8% Operations and Maintenance 57,637 43,035 14,601 33.9% Other Expenses 88,404 86,615 1,789 2.1% TOTAL OPERATING EXPENSES 294,745$ 317,229$ (22,484)$ -7.1% NET INCOME / (LOSS) As of June
30, 2023
951,317$ 999,243$ (47,926)$ -4.8% One-time Expenditures 14,313$ 3,600$ 10,713$ 297.6% June 30, 2023 Ending Fund
Balance
6,346,271$ 4,405,104$ 1,941,167$ 44.1% Carryforward One-time projects 4,056,597$ -$ 4,056,597$ June 30, 2023 Available Ending
Fund Balance
2,289,674$ 4,405,104$ (2,115,430)$ -48.0%

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As shown in Table 1, the preliminary estimate of revenues of the Parking Enterprise Fund at the end of the second quarter of FY 2023 (ending December 31, 2022) totaled $1,246,061, which is 5.3% fewer parking revenues compared to the same period in FY 2022.

Operating expenses at the end of this same period, which include personnel costs, operating expenses, and contract services, totaled $294,745, which is 7.1% less than operating expenditures through the second quarter of FY 2022. The projected net operating income (revenues less operating expenses) through the second quarter of FY 2023 is $951,317. The projected ending balance of the Parking Enterprise Fund at the end of the second quarter is $6,346,271.

In addition to the ongoing expenses, there are one-time budgeted costs of $4,056,597 for one-time projects. These projects include $2,510,231 for the purchase of property to increase the City’s parking inventory, $750,000 for paving the parking lots, $500,000 for the Downtown Police/Parking Substation, $100,854 for the Secure Communication Radio project, $100,000 for the Addie Street Parking and Access Improvements project, $70,000 for additional parking meters, $21,278 for the Parking Management Study, $4,000 for a radio system upgrade and reliability project, and $825 for other projects. After considering these one-time costs and carrying forward these project budgets to the next fiscal year, the projected available fund balance is $2,289,674.

Parking Management Implementation
As previously reported, all parklets utilized throughout the city were removed and the underlying parking returned to its previous state on September 30, 2022. On November 15, 2022, the City Council determined not to pursue a permanent outdoor dining program.

As part of the upcoming paving project, parking meters will be installed on Price Street between Pomeroy and San Luis Avenues and the adjacent stub streets. The City Council will consider authorizing the purchase of the parking meters on January 17, 2023. Staff is working with Walker Consultants for an update to the City’s Parking Management Plan (PMP). The PMP will incorporate the updated parking meters but will also address alternate topics such as electric bike infrastructure to help ensure the public can enjoy the downtown and the coast. Walker Consultants conducted 2-2-1 interviews with the members of the Parking Advisory Committee to continue their data gathering before moving forward with recommendations on the PMP.

As the City finds itself in the middle of the offseason months, parking rates have been reduced to help accommodate the reduced number of vehicles impacting downtown. Staff will continue to monitor and adjust parking rates to encourage parking in appropriate areas Downtown.

FISCAL IMPACT:

No fiscal impact is anticipated by receipt of this update.

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ALTERNATIVES:

1. Direct staff to return with additional information.

ATTACHMENTS:

None.

Submitted by: Meeting Date: January 17, 2023
Matthew Downing, Community Development Director
City Manager Approval:

9.D-3Council Agenda 1-17-2023
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E

SUBJECT/TITLE:

ANNUAL REVIEW AND APPROVAL OF INVESTMENT POLICY

RECOMMENDATION:

Approve the City of Pismo Beach Investment Policy.

EXECUTIVE SUMMARY:

The primary purpose of this agenda item is to present the City of Pismo Beach Investment Policy for City Council review and approval. California Government Code Section 53646 (a) (2) provides that “In the case of any other local agency [other than county government], the treasurer or chief fiscal officer of the local agency may annually render to the legislative body of that local agency and any oversight committee of that local agency a statement of investment policy, which the legislative body of the local agency shall consider at a public meeting. Any change in the policy shall also be considered by the legislative body of the local agency at a public meeting." The City’s Investment Policy was last approved on January 4, 2022.

The Administrative Services Director/City Treasurer reviewed the existing Investment Policy and has no changes to the Policy at this time. The policy complies with the California Government Code and best practices and is certified by the California Municipal Treasurers Association Investment Policy certification program.

Recommendation
Staff recommends that Council approve the City of Pismo Beach Investment Policy (Attachment 1).

FISCAL IMPACT:

As the proposed Investment Policy is the same as the existing policy, approving the Investment Policy does not have a significant financial impact. The Policy promotes the City’s objectives to safeguard the principal, remain liquid, and strive for maximum investment returns. The amount invested in various investment securities is dependent on the cash flow needs of the City and the market dictates the earnings on the majority of the City’s portfolio.

ALTERNATIVES:

1. The City Council may make its own changes, or may provide direction to the City Treasurer to develop information for possible future recommendations.

ATTACHMENTS:

1. 2023 City of Pismo Beach Investment Policy

Council Agenda 1-17-2023 9.E-1
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Submitted by: Meeting Date: January 17, 2023
Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

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CityofPismoBeachInvestmentPolicy
1 CityofPismoBeachInvestmentPolicyJanuary17,2023 



1.0Policy
TheCityofPismoBeach(“City”)shallinvestpublicfundsinsuchamannerastocomply withstateandlocallaws;ensureprudentmoneymanagement;providefordailycash flowrequirements;andmeettheobjectivesofthePolicy,inpriorityorderofSafety, Liquidity,andReturnoninvestment.

CaliforniaGovernmentCodeSection53646(a)(2)statesthattheCityTreasurermay annuallysubmitaninvestmentpolicytotheCityCouncilforconsiderationatapublic meeting.ThisinvestmentpolicyconformstoallpertinentexistinglawsoftheStateof California,includingCaliforniaGovernmentCodeSections53600etseq. 

2.0Scope
ThisinvestmentpolicyappliestoallfinancialassetsandinvestmentactivitiesoftheCity. InvestmentsfortheCitywillbemadeonallfundsidentifiedintheComprehensiveAnnual FinancialReport(CAFR)onapooledbasis,includingtheGeneralFund,SpecialRevenue Funds,CapitalProjectFunds,DebtServiceFunds,EnterpriseFunds,InternalServiceFunds, FiduciaryFunds,andanyfundssubsequentlycreated.

ThisinvestmentpolicydoesnotapplytoBondProceeds,DeferredCompensationFunds, RetirementorRetireeHealthCaresavings/trusts/plans.CaliforniaGovernmentCode Section5922(d)authorizesproceedsofbondstobeinvestedinaccordancewithrelated offeringdocumentation.TheseCodeSectionsrecognizetheuniqueneedsandobjectives ofsuchproceeds.Likewise,DeferredCompensationPlansarecoveredunderCalifornia GovernmentCode.


3.0Prudence
TheCityTreasurerisauthorizedtomakeinvestmentdecisionsonbehalfoftheCity investingpublicfundssubjecttotheprudentinvestmentstandard.ThePrudentInvestor Standard(CaliforniaGovernmentCodeSection53600.3)states,that“wheninvesting, reinvesting,purchasing,acquiring,exchanging,sellingormanagingpublicfunds,atrustee shallactwithcare,skill,prudenceanddiligenceunderthecircumstancesthenprevailing, including,butnotlimitedto,thegeneraleconomicconditionsandtheanticipatedneed ofthe[City],thataprudentpersoninalikecapacityandfamiliaritywiththosematters woulduseintheconductoffundsofalikecharacterandwithlikeaims,tosafeguardthe principalandmaintaintheliquidityneedsofthe[City]”.Thestandardofprudencetobe usedbyinvestmentofficialsshallbeappliedinthecontextofmanaginganoverall portfolio.
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4.0Objectives
Theprimaryobjectives,inpriorityorder,oftheCity’sinvestmentactivities(per CAGovtCodeSection53600.5)shallbe:


4.1.Safety:Safetyofprincipalistheforemostobjectiveoftheinvestmentprogram. InvestmentsoftheCityshallbeundertakeninamannerthatseekstoensurethe preservationofcapitalintheoverallportfolio.Toattainthisobjective,the Citywilldiversifyitsinvestmentsbyinvestingfundsamongavarietyofsecurities withindependentreturns.


4.2.Liquidity:TheCity’sinvestmentportfoliowillremainsufficientlyliquidtoenable theCitytomeetalloperatingrequirementswhichmightbereasonably anticipated.


4.3.ReturnonInvestments:TheCity’sinvestmentportfolioshallhavetheobjectiveof attainingacomparativeperformancemeasurementoranacceptablerateof returnthroughoutbudgetaryandeconomiccycles.Thesemeasurementsshould becommensuratewiththeCity’sinvestmentriskconstraintsidentifiedinthe InvestmentPolicyandthecashflowcharacteristicsoftheportfolio. 

5.0DelegationofAuthority 
CaliforniaGovernmentCodeSection53601statesthatthelegislativebodyofalocal agency(i.e.,theCityCouncil)isauthorizedtoinvestsurplusmoneysasspecifiedinthat codesection.InaccordancewithCaliforniaGovernmentCodeSection53607,this authoritymaybedelegatedtotheCityTreasurerforaoneͲyearperiodbytheCity Council.Subjecttoreview,theCityCouncilmayrenewthedelegationofauthorityunder thiscodesectioneachyear.

ThePismoBeachCityCouncildelegatesitsauthoritytoinvestorreinvestCityfundsto theCityTreasurer,whoisalsotheAdministrativeServicesDirector.TheCityTreasurer willberesponsibleforallinvestmenttransactionsandshallestablishasystemofcontrols toregulatetheactivitiesofCityofficialsinvolvedinanyaspectoftheinvestmentprogram. InthecaseoftheCityTreasurer’sabsence,theCityCouncildelegatesinvestment authorityinthefollowingorderto(1)FinanceManagerand(2)CityManager. 
DutiesandResponsibilities


5.1.CityTreasurer(AdministrativeServicesDirector):Chargedwithresponsibilityforall publicfundsandsecuritiesbelongingtoorunderthecontroloftheCity,andfor thedepositandinvestmentofthosefundsinaccordancewiththeprinciplesof soundtreasurymanagementandinaccordancewiththeapplicablelaws, ordinances,andpoliciesadoptedbytheCity.
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5.2.AdministrativeServicesDepartmentStaff:Chargedwithrecordinginvestment activityintheaccountingrecordsandwithverifyingtheTreasurer'srecordswith brokerconfirmations,bankstatements,andsafekeepingrecords. 

5.3.FinanceManager:Chargedwithresponsibility(intheabsenceoftheTreasurer)for allpublicfundsandsecuritiesbelongingtoorunderthecontroloftheCityandfor theirdeposit.Dutiesrelatedtoinvestmentactivitiesshallbeperformedbystaff otherthanthoseresponsiblefortheaccountingofthoseinvestments. 

5.4.CityCouncil:MaydelegatetotheCityTreasurerforaoneͲyearperiodtheauthority toinvesttheCity'sfunds.Subjecttoreview,theCityCouncilmayrenewthe delegationofthisauthorityeachyear.TheCityCouncilmayalsoannually considerandapproveawrittenStatementofInvestmentPolicyatapublic meeting.AnychangetotheInvestmentPolicyatanytimeshallalsobeconsidered bytheCityCouncilatapublicmeeting.


6.0EthicsandConflictsofInterest
Officersandemployeesinvolvedintheinvestmentprocessshallrefrainfrompersonal businessactivitythatcouldconflictwithproperexecutionoftheinvestmentprogram,or whichcouldimpairtheirabilitytomakeimpartialinvestmentdecisions.Employeesand investmentofficersshalldiscloseanymaterialfinancialinterestinfinancialinstitutions thatconductbusinesswiththisCity,andtheyshallfurtherdiscloseanylargepersonal financial/investmentpositionsthatcouldberelatedtotheperformanceoftheCity’s portfolio.

7.0 AuthorizedFinancialDealersandInstitutions

7.1.TheTreasurerwillmaintainalistofapprovedfinancialinstitutionsauthorizedto provideinvestmentservicestotheCityintheStateofCalifornia.Acompetitivebid process,whenpractical,willbeusedtoplaceallinvestmentpurchases,otherthan thosethatareclassifiedas“newissue”securities.Onanannualbasis,the Treasurershallrecommendalistofatleasttwobroker/dealerswhoare authorizedtoprovideinvestmentservices.ThelistshallbeapprovedbytheCity Council.Allbroker/dealerswhowishtobeconsideredforthelistmustmeetthe followingminimumrequirements:


7.1.aMustbea“primary”orregionaldealerthatqualifiesundertheSecurities andExchangeCommissionRule15C3Ͳ1(UniformNetCapitalRule)

7.1.bMustbeexperiencedinpublicagencyinvestingandinvestmentproducts andfamiliarwiththeCaliforniaGovernmentCodeasrelatedto investmentsforlocalgovernmentalagencies

7.1.cMusthavebeeninbusinessforatleastthreeyears

7.1.dMustsupplytheTreasurerwiththefollowing:
•currentauditedfinancialstatements,
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•proofofFinancialIndustryRegulatoryAuthority(FINRA) certification,
•tradingresolution,
•depositorycontracts,
•proofofStateofCaliforniaregistration,
•completedbroker/dealerquestionnaire,and
•certificationofhavingreadtheCity’sinvestmentpolicy.

7.1.eTheTreasurershallconsiderthecreditworthinessofinstitutions. 

7.2.Ifathirdpartyinvestmentadvisorisauthorizedtoconductinvestment transactionsontheCity’sbehalf,theinvestmentadvisormayusetheirown listofapprovedbroker/dealersandfinancialinstitutions.Theinvestmentadvisor’s approvedlistmustbemadeavailabletotheCityuponrequest. 

7.3.Nopublicdepositshallbemadeexceptinaqualifiedpublicdepositoryas establishedbytheestablishedstatelaws.


7.4.Anannualreviewofthefinancialconditionandregistrationsofqualifiedbidders willbeconductedbytheTreasurer.Acurrentauditedfinancialstatementis requiredtobeonfileforeachfinancialinstitutionandbroker/dealerinwhichthe Cityinvests.


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5 CityofPismoBeachInvestmentPolicyJanuary17,2023 



8.0AuthorizedandSuitableInvestments
CaliforniaGovernmentCodeSection53601,53601.6,53601.8,53635,53635.2, 53638and53684includeanumberofrequirementsonhowandwherepublicmoney maybeinvested.TheCityisempoweredbystatutetoinvestinthefollowingtypesof securities:




PermittedInvestments
CityDollarLimit,
MaximumPercentageof
PortfolioLimit

Maturity
Limit
LocalAgencyInvestmentFund(LAIF)$50million,100%None AgencyIssues(Government
SponsoredEnterprise,orGSE,
instruments
50%5years
NegotiableCertificatesofDeposits30%5years
PublicFundsCheckingorSavings
Account
100%None
SharesofBeneficialInterest(i.e.,
moneymarketmutualfunds)
20%(10%inanyone
mutualfund)
None
U.S.TreasuryIssues100%5years
StateofCaliforniaIssues30%5years
IssuesofEntitiesoutsideofCalifornia30%5years
IssuesofOtherCaliforniaentities30%5years
CityofPismoBeachBonds100%5years
CorporateBonds30%,minimumratingbyat
leastoneofthefollowing,anda
maximumof10%perissuer:
S&PA,Moody’sA2,FitchA
5years
CommercialPaper25%orportfolio;10%
perissuer;Ratingof
‘A1/P1’orhigherfrom
S&PandMoody’s
270
days

AnyStateofCalifornialegislativeactionthatfurtherrestrictsallowablematurities, investmenttypesorpercentageallocationswillbeincorporatedintotheCity’sPolicyand supersedesanyandallpreviousapplicablelanguage.IftheCityisholdinganinvestment thatissubsequentlyprohibitedbyalegislativechange,theCitymayholdthatinvestment, ifitisdeemedprudentbytheInvestmentOfficer,untilthematuritydatetoavoidan unnecessaryloss.


9.0ReviewofInvestmentPortfolio
ThesecuritiesheldbytheCitymustbeincompliancewithSection8.0Authorizedand SuitableInvestmentsatthetimeofpurchase.Becausesomesecuritiesmaynotcomply withSection8.0AuthorizedandSuitableInvestmentssubsequenttothedateofpurchase, theTreasurershallatleastquarterlyreviewtheportfoliotoidentifythosesecuritiesthat Council Agenda 1-17-2023 9.E-7
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CityofPismoBeachInvestmentPolicy
6 CityofPismoBeachInvestmentPolicyJanuary17,2023 

donotcomply.TheTreasurershallestablishprocedurestoreporttotheCityCouncil, majorandcriticalincidencesofnoncomplianceidentifiedthroughthereviewofthe portfolio.


10.0InvestmentPools/MutualFunds
Athoroughinvestigationofthepool/fundisrequiredpriortoinvesting,andonacontinual basis.Thereshallbeaquestionnairedevelopedwhichwillanswerthefollowinggeneral questions:

10.1.Adescriptionofeligibleinvestmentsecurities,andawrittenstatementof investmentpolicyandobjectives.

10.2.Adescriptionofinterestcalculationsandhowitisdistributed,andhowgains andlossesaretreated.

10.3.Adescriptionofhowthesecuritiesaresafeguarded(includingthesettlement processes),andhowoftenthesecuritiesarepricedandtheprogramaudited.

10.4.Adescriptionofwhomayinvestintheprogram,howoften,whatsizedepositand withdrawalareallowed.

10.5.Ascheduleforreceivingstatementsandportfoliolistings

10.6.Adescriptionofhowthepool/fundmaintainreserves,retainedearnings,etc.or isallincomeafterexpensesdistributedtoparticipants

10.7.Afeeschedulethatdiscloseswhenandhowfeesareassessed.

10.8.Theeligibilityofthepool/fundtoinvestinbondproceedsandadescriptionofits practices.


11.0Collateralization
Collateralizationisrequiredoncertificatesofdepositsandsweepcheckingaccounts.In ordertoanticipatemarketchangesandprovidealevelofsecurityforallfunds,the collateralizationlevelwillbe(110%)ofmarketvalueofprincipalandaccruedinterest. 
TheCitychoosestolimitcollateraltothefollowing:certificatesofdeposits,sweep checkingaccounts,andagencyissues.Collateralwillalwaysbeheldbyanindependent thirdpartywithwhomtheentityhasacurrentcustodialagreement.Aclearlymarked evidenceofownership(safekeepingreceipt)mustbesuppliedtotheentityandretained. 
TheTreasurer,atherdiscretion,maywaivethecollateralrequirementsforcertificatesof depositsupto$250,000whicharefullyinsuredbytheFederalDepositInsurance Corporation.


12.0SafekeepingandCustody
Allsecuritieswillbereceivedanddeliveredonadeliveryversuspayment(DVP)basis. Securitieswillbeheldbyathirdpartycustodian/safekeepingaccountdesignatedbythe Treasurerandevidencedbysafekeepingreceipts.Saidsecuritiesshallbeheldinamanner thatestablishesthegovernmententity’srightofownership.Theonlyexceptiontothe foregoingshallbedepositoryaccountsandsecuritiespurchasesmadewith:LAIF,time certificatesofdepositandmoneymarketmutualfundshelddirectlywithissuing institution,sincethepurchasedsecuritiesarenotdeliverable. Council Agenda 1-17-2023 9.E-8
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13.0Diversification
TheCityrecognizesthatinvestmentriskscanresultfromissuerdefaults,marketprice changes,orvarioustechnicalcomplicationsleadingtotemporaryilliquidity.Tominimize theCity’sexposuretothesetypesofrisk,theportfolioshouldbediversifiedamong severaltypesofinstitutions,instruments,andmaturities.TheTreasurershallminimize defaultriskbyprudentlyselectingonlyinstrumentsandinstitutions,whichatthetimeof placementhavebeenevaluatedfortheirfinancialviabilityandcompliancewiththis policy.

Noindividualinvestmenttransactionshallbeundertakenthatjeopardizesthetotal capitalpositionoftheoverallportfolio.Riskshallalsobemanagedbysubscribingtoa portfoliomanagementphilosophythathelpstocontrolmarketandinterestrateriskby matchinginvestmentswithcashflowrequirements.Seesection9.0Authorizedand SuitableInvestments,whichliststheCity’smaximumpercentagelimitsandpromotesa diverseportfolio.


14.0MaximumMaturities
Totheextentpossible,theCitywillattempttomatchitsinvestmentswithanticipatedcash flowrequirements.Matchingmaturitieswithcashflowdateswillreducetheneedtosell securitiespriortomaturity,thusreducingmarketrisk.Unlessmatchedtoaspecific cashflowandapprovedbyCityCouncil,theCitywillnotdirectlyinvestinsecurities maturingmorethan5yearsfromthedateofpurchase.


15.0InternalControls
TheTreasurershallestablishanannualprocessofindependentreviewbyanexternal auditor.Thisreviewwillprovideinternalcontrolbyassuringcompliancewithpoliciesand procedures.

•Properdocumentationobtainedfromconfirmationandcashdisbursementwire transfersisrequiredforeachinvestmenttransaction. •Timelybankreconciliationisconductedtoensureproperhandlingofalltransactions. •Theinvestmentportfolioandallrelatedtransactionsarereviewedandbalancedto appropriategeneralledgeraccountsbytheAdministrativeServicesDepartmentona monthlyandquarterlybasis.


16.0PerformanceStandards
Theinvestmentportfolioshallbedesignedwiththeobjectiveofobtainingarateof returnthroughoutbudgetaryandeconomiccycles,commensuratewithinvestmentrisk constraintsandcashflowneeds.

TheCity’sbasicinvestmentstrategyistobuyandholdinvestmentsuntilmaturity However,theTreasurermaysellasecurityduetoadversechangesincreditriskordueto unexpectedcashflowneeds.
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TheMarketYieldbenchmarkusedbytheTreasureristodeterminewhethermarketyields arebeingachievedandshallbetherateofreturnfromthefollowingindices:LocalAgency InvestmentFund(LAIF)and6Ͳmonthand1ͲyearTreasuryBills. 

17.0InvestmentReporting
InaccordancewithCaliforniaGovernmentCodeSection53607,theTreasurershallfile amonthlyinvestmentreportwiththeCityClerkwhowillplacethereportontheagenda ofthenextregularCityCouncilmeeting.TheTreasurershallreviewandrendermonthly andquarterlyinvestmentportfolioreportstotheCityManagerandCityCouncil. •Themonthlyreportshallincludeanaccountingofallreceipts,disbursements,and fundbalances.
•Thequarterlyreportsshallincludethebookandmarketvalueofthecash investment,theclassificationoftheinvestment,thenameoftheinstitutionorentity, therateofinterest,andthematuritydatesforallsecurities. •Thequarterlyreportwillincludeastatementofcomplianceoftheportfoliowith theinvestmentpolicyoranexplanationastowhytheportfolioisnotincompliance perGovernmentCode53646(b)(2).
•Thequarterlyreportwillincludeastatementonavailabilityoffundstomeetits obligationswithinthenextsixmonthsperGovernmentCode53646(b)(3). 

18.0InvestmentPolicyAdoption
TheCity’sInvestmentPolicyshallbeadoptedbyresolutionannuallybytheCityCouncil. ThepolicyshallbereviewedannuallybytheCityCouncilandanymodificationsmade theretomustbeapprovedbytheCityCouncil.


19.0Glossary

AGENCIES:Federalagencysecuritiesand/orGovernmentͲsponsoredenterprises.ASK PRICE:Thepriceatwhichsecuritiesareoffered.
BEARMARKET:Aperiodofgenerallypessimisticattitudesanddecliningmarketprices. 
BENCHMARK:Acomparativebaseformeasuringtheperformanceorrisktoleranceofthe investmentportfolio.Abenchmarkshouldrepresentaclosecorrelationtothelevelofriskand theaveragedurationoftheportfolio’sinvestments.

BIDPRICE:Thepriceofferedbyabuyerofsecurities.(Whenyouaresellingsecurities,youaskfor abid.)SeeOffer.

BOND:AninterestͲbearingsecurityissuedbyacorporation,quasiͲgovernmentalagencyorother body,whichcanbeexecutedthroughabankortrustcompany.Abondisaformofdebtwithan interestrate,maturity,andfacevalue,andisusuallysecuredbyspecificassets.Mostbonds haveamaturityofgreaterthanoneyear,andgenerallypayinterestsemiͲannually. Council Agenda 1-17-2023 9.E-10
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BONDRATING:Theclassificationofabond’sinvestmentquality. 
BOOKVALUE:Theamountatwhichasecurityiscarriedonthebooksoftheholderorissuer.The bookvalueisoftenthecost,plusorminusamortization,andmaydiffersignificantlyfromthe marketvalue.

BROKER:Abrokerbringsbuyersandsellerstogetherforacommission. 
BULLMARKET:Aperiodofgenerallyoptimisticattitudesandincreasingmarketprices. 
CERTIFICATEOFDEPOSIT(CD):AtimedepositwithaspecificmaturityevidencedbyaCertificate. LargeͲdenominationCD’saretypicallynegotiable.

COLLATERAL:Securities,evidenceofdepositorotherproperty,whichaborrowerpledgesto securerepaymentofaloan.Alsoreferstosecuritiespledgedbyabanktosecuredepositsof publicmonies.

COMMERCIALPAPER:ShortͲtermobligationswithmaturitiesrangingfrom2to270daysissued bybanks,corporations,andotherborrowerstoinvestorswithtemporarilyidlecash.Such instrumentsareunsecuredandusuallydiscounted,althoughsomeareinterestͲbearing. 
COMMISSION:Thebroker’soragent’sfeeforpurchasingorsellingsecuritiesforaclient. 
COMPREHENSIVEANNUALFINANCIALREPORT(CAFR):Theofficialfinancialannualreportofthe City.Itincludesfivecombinedstatementsforeachindividualfundandaccountgroupprepared inconformitywithGAAP.Italsoincludessupportingschedulesnecessarytodemonstrate compliancewithfinanceͲrelatedlegalandcontractualprovisions,extensiveintroductory material,andadetailedStatisticalSection.

COUPON:(a)Theannualrateofinterestthatabond’sissuerpromisestopaythebondholderon thebond’sfacevalue.(b)Acertificateattachedtoabondevidencinginterestdueonapayment date.

DEALER:Adealer,asopposedtoabroker,actsasaprincipalinalltransactions,buying andsellingforhisownaccount.

DEBENTURE:Abondsecuredonlybythegeneralcreditoftheissuer. 
DEFAULTRISK:Thisistheriskthatacompanyorindividualwillbeunabletomaketherequired paymentsontheirobligation.Standardmeasurementtoolstogaugedefaultriskincludecredit ratingsbyNationallyRecognizedStatisticalRatingOrganizations(NRSROs). 

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DELIVERYVERSUSPAYMENT:Therearetwomethodsofdeliveryofsecurities:deliveryversus paymentanddeliveryversusreceipt.Deliveryversuspaymentisdeliveryofsecuritieswithan exchangeofmoneyforthesecurities.Deliveryversusreceiptisdeliveryofsecuritieswithan exchangeofasignedreceiptforthesecurities.

DISCOUNT:Thedifferencebetweenthecostpriceofasecurityanditsmaturitywhenquotedat lowerthanfacevalue.Asecuritysellingbeloworiginalofferingpriceshortlyaftersalealsois consideredtobeatadiscount.

FEDERALRESERVESYSTEM:ThecentralbankoftheUnitedStateswhichconsistsofaseven memberBoardofGovernors,12regionalbanksandapproximately5,700commercialbanks thataremembers.

DISCOUNTSECURITIES:NonͲinterestbearingmoneymarketinstrumentsthatareissueda discountandredeemedatmaturityforfullfacevalue(e.g.,U.S.TreasuryBills). 
DIVERSIFICATION:Dividinginvestmentfundsamongavarietyofsecuritiesofferingindependent returns.

DURATION:Ameasureofthesensitivityoftheprice(thevalueofprincipal)ofafixedͲincome investmenttoachangeininterestrates.Durationisexpressedasanumberofyears.Rising interestratesmeanfallingbondprices,whiledeclininginterestratesmeanrisingbondprices. 
FEDERALCREDITAGENCIES:AgenciesoftheFederalgovernmentsetuptosupplycredittovarious classesofinstitutionsandindividuals,e.g.,S&L’s,smallbusinessfirms,students,farmers,farm cooperatives,andexporters.

FEDERALDEPOSITINSURANCECORPORATION(FDIC):Afederalagencythatinsuresbankdeposits, currentlyupto$250,000perentity.

FEDERALFUNDSRATE:TherateofinterestatwhichFedfundsaretraded.Thisrateiscurrently peggedbytheFederalReservethroughopenͲmarketoperations. 
FEDERALOPENMARKETCOMMITTEE(FOMC):ConsistsofsevenmembersoftheFederalReserve BoardandfiveofthetwelveFederalReserveBankPresidents.ThePresidentoftheNewYork FederalReserveBankisapermanentmember,whiletheotherPresidentsserveonarotating basis.TheCommitteeperiodicallymeetstosetFederalReserveguidelinesregardingpurchases andsalesofGovernmentSecuritiesintheopenmarketasameansofinfluencingthevolumeof bankcreditandmoney.

FISCALYEAR:Anaccountingortaxperiodcomprisinganytwelvemonthperiod.The City’sfiscalyearbeginsonJuly1.


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FULLFAITHANDCREDIT:TheunconditionalguaranteeoftheUnitedStatesgovernmentbacking adebtforrepayment.

INTERESTRATE:Theinterestpayableeachyearonborrowedfunds,expressedasapercentageof theprincipal.

INVESTMENT:Useofcapitaltocreatemoremoney,eitherthroughincomeͲproducingvehiclesor throughmoreriskͲorientedventuresdesignedtoresultincapitalgains. 
INVESTMENTPORTFOLIO:Acollectionofsecuritiesheldbyabank,individual,institution,or governmentagencyforinvestmentpurposes.

LAIF:tradenamefortheCaliforniaStateLocalAgencyInvestmentFund.Chapter730,Statutesof 1976oftheStateofCalifornia,establishedtheLAIF.TheLAIFenableslocalgovernmental agenciestoremitmoneynotrequiredforimmediateneedstotheStateTreasurerforthe purposeofinvestment.Inordertoderivethemaximumrateofreturnpossible,theState TreasurerhaselectedininvestthesemonieswithStatemoniesasapartofthePooledMoney InvestmentAccount.Eachlocalgovernmentalunithastheexclusivedeterminationofthelength oftimeitsmoneywillbeondepositwiththeStateTreasurer.Attheendofeachcalendarquarter, allearningsderivedfrominvestmentsaredistributedbytheStaterespectiveamountsdeposited intheLAIFandthelengthoftimesuchamountsremainedtherein.Priortothedistribution,the State’scostofadministeringtheprogramaredeductedfromtheearnings.TheCalifornia GovernmentCodestatesthatmoniesplacedfordepositinLAIFareintrustinthecustodyofthe StateTreasurerandcannotbeborrowedorbewithheldfromtheCity.Further,therightofthe CitytowithdrawitsdepositedmoneyfromtheLAIFupondemandmaynotbealtered, impaired,ordeniedinanywaybyanyStateofficialoragencybasedupontheState’sfailureto adoptabudgetbyJuly1ofeachnewfiscalyear.

LIQUIDITY:Aliquidassetisonethatcanbeconvertedeasilyandrapidlyintocashwithouta substantiallossofvalue.Inthemoneymarket,asecurityissaidtobeliquidifthespreadbetween bidandaskedpricesisnarrowandreasonablesizecanbedoneatthosequotes. 
MARKETRISK:Thisistheriskthatthevalueofasecuritywillraiseordeclineasaresultof changesinmarketconditions.
MARKETVALUE:thepriceatwhichasecurityiscurrentlybeingsoldinthemarket.MATURITY: thedatethattheprincipalorstatedvalueofdebtinstrumentbecomesdue andpayable.

MONEYMARKET:ThemarketinwhichshortͲtermdebtinstruments(bills,commercialpaper, bankers’acceptances,etc.)areissuedandtraded.


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MUTUALFUND:Aninvestmentcompanythatpoolsmoneyandcaninvestinavarietyof securities,includingfixedͲincomesecuritiesandmoneymarketinstruments.Mutualfundsare regulatedbytheInvestmentCompanyActof1940andmustabidebySecuritiesandExchange Commission(SEC)disclosureguidelines.

NEGOTIABLECERTIFICATESOFDEPOSIT:Fixeddepositcertificatethatmaybenegotiated(traded) toathirdparty.Theinstitutionissuingthecertificatepromisestopayfacevalueplusaccrued interestatmaturityorsemiͲannuallyifmaturityisoveroneyear. 
NRSRO:ThisacronymstandsforNationallyRecognizedStatisticalRatingOrganization,whichisa creditratingagencythatissuescreditratingsthattheU.S.SecuritiesandExchangeCommission (SEC)permitsotherfinancialfirmstouseforcertainregulatorypurposes.NRSROsinclude Standard&Poor’s,Moody’s,andFitchratings.

OFFER:Thepriceaskedbyasellerofsecurities.(Whenyouarebuyingsecurities,youaskforan offer.)SeeAskedandBid.

OPENMARKETOPERATIONS:Purchasesandsalesofgovernmentandcertainothersecuritiesin theopenmarketbytheNewYorkFederalReserveBankasdirectedbytheFOMCinorderto influencethevolumeofmoneyandcreditintheeconomy.Purchasesinjectreservesintothe banksystemandstimulategrowthofmoneyandcredit;saleshavetheoppositeeffect.Open marketoperationsaretheFederalReserve’smostimportantandmostflexiblemonetarypolicy tool.

PORTFOLIO:Thecollectionofsecuritiesheldbyanindividualorinstitution.Thecombinedholding ofmorethanonestock,bond,commodity,realestateinvestment,cashequivalent,orother asset.Thepurposeofaportfolioistoreduceriskbydiversification. 
PRINCIPAL:Thefaceorparvalueofaninstrument.

PRIMARYDEALER:Agroupofgovernmentsecuritiesdealerswhosubmitdailyreportsofmarket activityandpositionsandmonthlyfinancialstatementstotheFederalReserveBankofNewYork andaresubjecttoitsinformaloversight.PrimarydealersincludeSecuritiesandExchange Commission(SEC)ͲregisteredsecuritiesbrokerͲdealers,banks,andafewunregulatedfirms. 
QUALIFIEDPUBLICDEPOSITORIES:Afinancialinstitutionwhichdoesnotclaimexemptionfrom thepaymentofanysalesorcompensatinguseoradvaloremtaxesunderthelawsofthisstate, whichhassegregatedforthebenefitofthecommissioneligiblecollateralhavingavalueof notlessthanitsmaximumliabilityandwhichhasbeenapprovedbythePublicDeposit ProtectionCommissiontoholdpublicdeposits.


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RATEOFRETURN:1)Theyieldwhichcanbeattainedonasecuritybasedonitspurchasepriceor itscurrentmarketprice.2)Incomeearnedonaninvestment,expressedasapercentageofthe costoftheinvestment.

RATING:Thedesignationusedbyinvestors’servicestoratethequalityofasecurity’s creditworthiness.Moody’sratingsrangefromthehighestAaa,downthroughAa,A,Bbb,Ba, B,etc.whileStandardandPoor’sratingrangefromthehighestAAA,downthroughAA,A, BBB,BB,B,etc.

REFINANCING:Rollingovertheprincipalonsecuritiesthathavereachedmaturityorreplacing themwiththesaleofnewissues.Theobjectmaybetosaveinterestcostsortoextendthe maturityoftheloan.

SAFEKEEPING:Aserviceofferedtocustomersforafee,wheresecuritiesareheldinthevaultsfor protection.

SECONDARYMARKET:Amarketmadeforthepurchaseandsaleofoutstandingissues followingtheinitialdistribution.

SECURITIES&EXCHANGECOMMISSION:AgencycreatedbyCongresstoprotectinvestorsin securitiestransactionsbyadministeringsecuritieslegislation. 
SECRULE15(C)3Ͳ1:SeeUniformNetCapitalRule.

SECURITIES:investmentinstrumentssuchasbonds,stocksandotherinstrumentsof indebtednessorequity.

SPREAD:Thedifferencebetweentwofiguresorpercentages.Forexample,itmaybethe differencebetweenthebidandaskedpricesofaquote,orbetweentheamountpaidwhen boughtandtheamountreceivedwhensold.

TREASURYBILLS(TͲBILL):U.S.TreasuryBillsareshortͲterm,directobligationsoftheU.S. Governmentissuedwithoriginalmaturitiesof13weeks,26weeksand52weeks;soldinminimum amountsof$10,000inmultiplesof$5,000abovetheminimum.TreasuryBillsareissuedinbook entryformonlyandaresoldonadiscountbasis.

TRUSTEE:Abankdesignatedasthecustodianoffundsandtheofficialrepresentativefor bondholders.

UNDERWRITER:Adealerbankorfinancialinstitutionwhicharrangesforthesaleanddistribution ofalargebatchofsecuritiesandassumestheresponsibilityforpayingthenetpurchaseprice. 

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UNIFORMNETCAPITALRULE:SecuritiesandExchangeCommissionrequirementthatmember firmsaswellasnonmemberbrokerͲdealersinsecuritiesmaintainamaximumratioof indebtednesstoliquidcapitalof15to1;alsocallednetcapitalruleandnetcapitalratio. Indebtednesscoversallmoneyowedtoafirm,includingmarginloansandcommitmentsto purchasesecurities,onereasonnewpublicissuesarespreadamongmembersofunderwriting syndicates.Liquidcapitalincludescashandassetseasilyconvertedintocash. 
U.S.GOVERNMENTAGENCIES:InstrumentsissuedbyvariousU.S.governmentagenciesmostof whicharesecuredonlybythecreditworthinessoftheparticularagency. 
YIELD:Therateofannualincomereturnonaninvestment,expressedasapercentage.(a)INCOME YIELDisobtainedbydividingthecurrentdollarincomebythecurrentmarketpriceforthe security.(b)NETYIELDorYIELDTOMATURITYisthecurrentincomeyieldminusanypremium aboveparorplusanydiscountfromparinpurchaseprice,withtheadjustmentspreadoverthe periodfromthedateofpurchasetothedateofmaturityofthebond. Council Agenda 1-17-2023 9.E-16
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LISTOFAPPROVEDBROKER/DEALERS

MultiͲBankSecurities,Inc.
Attn:PeterYanezAccount
Executive
2400E.Commercial,Suite812
Ft.Lauderdale,FL33308
855Ͳ928Ͳ0111/800Ͳ967Ͳ9045
[email protected]

MutualSecurities,Inc.
Attn:ReneMolina
GeneralSecuritiesPrincipal
300112IvyGlennDrive,Suite145
LagunaNiguel,CA92677
866Ͳ899Ͳ5544
[email protected]



LISTOFAPPROVEDCUSTODIANSFORSAFEKEEPINGOFSECURITIES 
USBank
Attn:AprilBeauchamp
RelationshipManager
1CaliforniaStreet,Suite1000
SanFrancisco,CA94111
415.774.2268
[email protected]

Council Agenda 1-17-2023 9.E-17
Attachment 1
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.F

SUBJECT/TITLE:

AWARD OF CONSTRUCTION CONTRACT TO AMERICAN ENVIRO SERVICES, INC.

FOR THE NORTH SHELL BEACH ROAD STORM DRAIN REPAIR PROJECT

RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to award a contract to American Enviro Services, Inc. in the amount of $199,417 for the construction of the North Shell Beach Road Storm Drain Repair Project, and appropriating related budget adjustments.

BACKGROUND:

In January 2017, a series of severe winter storms occurred, triggering a state of emergency (declared by the City Council via Resolution R-2017-012) and causing damage throughout the City. One of those sites included the storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort. City staff took immediate cleanup and protective measures and has been working with FEMA through the California Governor’s Office of Emergency Services (CalOES) for reimbursement for work and funds required to cleanup and temporary repairs to the site.

The project was advertised for construction bids on November 10, 2022. Six bids were received on December 15, 2022, ranging in amount from $199,417 to $498,000. The apparent low bidder is American Enviro Services, Inc. (American Enviro) with a bid of $199,417 (bid results provided for reference as Attachment 3).

Conclusion and Recommendation
Staff has verified their references and qualifications, and recommends the Council adopt a Resolution (Attachment 1) awarding a contract (Attachment 2) to American Enviro in the amount of $199,417 to complete the project (bid schedule provided as Attachment

1.A).

FISCAL IMPACT:

The fiscal impact of adopting the subject Resolution is a total estimated project cost of $284,010. The current Fiscal Year (FY) 2023 project budget is $214,890 in the General Fund.

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Current Project Funding
Total Project Budget $214,890
Known Project Costs
Construction Costs $199,417
Construction Observation and Inspection Services $37,258 20% Contingency $47,335
Total Project Cost $284,010
Budget Shortfall ($69,120)
In order to close the shortfall of $69,120, staff recommends transferring General Fund contingency budget to the 2017 Rainstorm project account. Since construction will begin, staff recommends that Council move the 2017 Rainstorm project from the General Fund to the Capital Projects Fund for a total $284,010 in capital project infrastructure expenditures, supported by a transfer in from the General Fund in FY 2023 of $284,010.

ALTERNATIVES:

1. Do not authorize the Resolution; provide staff with direction.

ATTACHMENTS:

1. Resolution

1.A American Enviro Bid Schedule

2. American Enviro Construction Contract

3. Bid Results
Prepared by: Meeting Date: January 17, 2023
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

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RESOLUTION NO. R-2023-XXX

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

CALIFORNIA AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO AMERICAN ENVIRO SERVICES, INC. IN THE AMOUNT OF $199,417 FOR THE

CONSTRUCTION OF THE NORTH SHELL BEACH ROAD STORM DRAIN REPAIR

PROJECT AND APPROPRIATING RELATED BUDGET ADJUSTMENTS
WHEREAS, in January 2017, a series of severe winter storms occurred, triggering a state of emergency, and causing damage throughout the City; and WHEREAS, damages included the storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort; and
WHEREAS, staff took immediate cleanup and protective measures and has been working with FEMA through the California Governor’s Office of Emergency Services (CalOES) for reimbursement for work and funds required to cleanup and temporary repairs to the site; and
WHEREAS, the project was advertised for construction bids and six bids were received on December 15, 2022 ranging in amount from $199,417 to $498,000; and WHEREAS, the apparent low bidder is American Enviro Services, Inc. (American Enviro) with a bid of $199,417; and
WHEREAS, staff has verified their references and qualifications.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to award a contract to American Enviro in the amount of $199,417 for the construction of the North Shell Beach Road Storm Drain Repair Project.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby de-appropriates $69,120 from the General Fund contingency budget, de-appropriates $214,890 in the General Fund 2017 Rainstorm project account, appropriates a General Fund transfer of $284,010 to the Capital Projects Fund, and appropriates $284,010 in the Capital Projects Fund infrastructure expenditure account for the 2017 Rainstorm project to support the construction of the project, all in FY 2023, including 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 17th day of January 2023, by the following vote:

AYES:

Council Agenda 1-17-2023 9.F-3
Attachment 1
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NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 1-17-2023 9.F-4
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Attachment 1.A
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Construction Services Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

CONSTRUCTION SERVICES AGREEMENT

This Construction Services Agreement (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation ("CITY"), and American Enviro Services, Inc., a corporation ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK

CONTRACTOR shall perform within the time set forth in Article 2 of this AGREEMENT and shall furnish at its own cost all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of storm drain repairs for the North Shell Beach Road Storm Drain Repair Project (hereinafter “Project”).

By entering into this AGREEMENT, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own. CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, CITY, the Project Manager, the Public Works Director/City Engineer, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, CONTRACTOR will have no remedy, and hereby expressly waives any remedy against CITY, the Project Manager, or the Public Works Director/City Engineer on account of delay, hindrance, interference or other events caused by a separate contractor.

II. TIME FOR PROJECT COMPLETION

All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Construction Schedule. All work shall commence fifteen (15) calendar days after receiving a written Notice to Proceed from CITY or Project Manager, if a Project Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to CITY comprises the entire “Project” and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within 30 consecutive working days (“Contract Time”).

III. THE CONTRACT SUM

CITY shall pay to CONTRACTOR for the performance of this AGREEMENT, subject to any additions and deductions provided in the Project documents, the sum of one hundred ninety-nine thousand four hundred seventeen dollars ($199,417).

IV. PROGRESS PAYMENTS

Based upon Applications for Payment submitted to the Public Works Director/City Engineer by CONTRACTOR and Certificates for Payment issued by the Public Works Director/City Engineer, CITY shall make progress payments on account of the Contract Sum to CONTRACTOR as provided in the General Conditions.

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This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to CONTRACTOR of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

This AGREEMENT is also subject to the provisions of Public Contract Code Section 9204, which provides for the submission and resolution of specified claims by CONTRACTOR, including provisions governing the type of claims that may be submitted, the time to respond to such claims, and alternative dispute resolution procedures. The provisions of Section 9204 are incorporated herein by reference, and to the extent CONTRACTOR asserts a claim specified by Section 9204, CONTRACTOR shall comply with all provisions set forth in Section 9204 in submitting a claim to CITY.

V. RETENTION OF SECURITIES

Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by CITY to ensure performance under a contract, at the request and expense of CONTRACTOR.

Substitution of securities shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allows the substitution of securities. Alternatively, CONTRACTOR may request that CITY make payment of retention earned directly to an escrow agent at the expense of CONTRACTOR. At the expense of CONTRACTOR, CONTRACTOR may direct the investment of the payments into securities and CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by CONTRACTOR. Upon satisfactory completion of the contract, CONTRACTOR shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from CITY, pursuant to the terms of this section.

The escrow agreement entered into pursuant to this section must be substantially similar to the form included in Public Contract Code Section 22300(e). CONTRACTOR shall obtain the written consent of its surety to such escrow agreement. Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by CONTRACTOR and CITY.

In accordance with Public Contract Code Section 22300(d)(1), if CONTRACTOR elects to receive interest on moneys withheld in retention by CITY, CONTRACTOR shall, at the request of any subcontractor performing more than five percent of CONTRACTOR’s total bid, make that option available to the subcontractor regarding any moneys withheld in retention by CONTRACTOR from the subcontractor.

VI. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT

To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of CONTRACTOR’s performance or CONTRACTOR’s failure to perform its obligations under this Council Agenda 1-17-2023 9.F-6
Attachment 2
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Construction Services Agreement (Rev. 2/2/2018)
AGREEMENT or out of the operations conducted by CONTRACTOR, except for such loss or damage arising from the active negligence, sole negligence, or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR’s performance of this AGREEMENT, CONTRACTOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

Payment by CITY is not a condition precedent to enforcement of the indemnities in this section. In the event of any dispute between CONTRACTOR and CITY, as to whether liability arises from the active negligence, sole negligence, or willful misconduct of CITY or its officers, employees, or agents, CONTRACTOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent, or as having engaged in willful misconduct. CONTRACTOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorneys' fees, expert fees, and costs of litigation. The provisions of this Section VI shall survive completion of CONTRACTOR’s services or the termination of this AGREEMENT.

VII. PREVAILING WAGES

A. Wage rates for this Project shall be in accordance with the General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, for San Luis Obispo County. Wage rates shall conform with those posted at 760 Mattie Road, Pismo Beach, and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this AGREEMENT:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

VIII. RECORD AUDIT

In accordance with Government Code, Section 8546.7, records of both CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

IX. CERTIFICATIONS

In addition to certification and licensing requirements identified elsewhere in this agreement, CONTRACTOR shall maintain the following certifications for the duration of this AGREEMENT:

A. None

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X. FINAL PAYMENT

Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by CITY to CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the AGREEMENT fully performed, and a final Certificate for Payment has been issued by the Public Works Director/City Engineer.

XI. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT

In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this AGREEMENT in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this AGREEMENT or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from CITY, or CONTRACTOR shall pay CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this AGREEMENT shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by CITY.

XII. INSURANCE

A. Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below.

CONTRACTOR may use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this AGREEMENT and which is applicable to a given loss, claim or demand, will be equally available to CITY.

CONTRACTOR shall provide the following types and amounts of insurance:

1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard Insurance Services Office (ISO) “insured contract” language will not be accepted.

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2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 (06/92) covering bodily injury and property damage for all activities of CONTRACTOR arising out of or in connection with the Project, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code et seq. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees.

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

5. Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non- owned disposal sites.

6. Products/completed operations coverage. Coverage shall extend a minimum of three (3) years after project completion and shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.

Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

7. Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only CITY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.

i. The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to CITY. ii. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or

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deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to CITY prior to commencement of construction.

B. Other provisions or requirements:

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

CITY’s Risk Manager or City Attorney may waive the requirement of any insurance policy set forth herein if he/she determines that such a policy is not commercially available to CONTRACTOR, or if the risk to CITY is sufficiently minimal to render such insurance unnecessary. If such a policy is commercially available, additional cost to CONTRACTOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived. Current certification of insurance shall be kept on file with CITY at all times during the term of AGREEMENT. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.

2. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Project hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, elected officials, employees, and agents shall continue as additional insureds under such policies.

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

4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by Council Agenda 1-17-2023 9.F-8
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CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may terminate this AGREEMENT.

5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.

6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

7. Enforcement of contract provisions (non-estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.

8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

9. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment, for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event CONTRACTOR’S policy of insurance cannot be endorsed to provide this notice of cancellation, CONTACTOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.

10. Additional insured status. General liability and automobile insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach."

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

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12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

13. Pass-through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party providing any work on the Project under the direction of CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in performing work on the Project will be submitted to CITY for review.

14. CITY’s right to revise requirements. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to CONTRACTOR, CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

15. Self-insured retentions. Any deductibles or self-insured retention must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects CITY, its elected and appointed officials, employees and volunteers, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Self-insurance will not be considered to comply with this paragraph unless approved by CITY.

16. Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

17. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Project.

XIII. CONTRACTOR'S LICENSE

CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

XIV. REGISTRATION REQUIREMENTS

Pursuant to Section 1771.1(a) of the Labor Code:

“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code Council Agenda 1-17-2023 9.F-9
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or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

Except as otherwise provided in Labor Code Section 1771.1(a), no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

XV. CORPORATION IN GOOD STANDING

If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that the undersigned is authorized to act for and bind the corporation.

XVI. PROVISIONS REQUIRED BY LAW

Each and every provision of law and clause required by law to be inserted in this AGREEMENT shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the AGREEMENT shall forthwith be physically amended to make such insertion or correction.

XVII. SUBSURFACE HAZARDOUS MATERIALS

A. Pursuant to Public Contract Code Section 7104, in the event the Project includes trenches or other excavations extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify CITY in writing of any:

1. Material that CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law;

2. Subsurface or latent physical conditions at the site differing from those indicated in the Project specifications;

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the CONTRACT.

B. Upon receipt of said notification CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in CONTRACTOR's cost of or the time required for performance of any part of the

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Project, CITY will issue a change order under the procedures described in the General Conditions.

C. In the event that a dispute arises between CITY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in CONTRACTOR's cost of or time required for performance of any part of the Project, CONTRACTOR shall not be excused from any scheduled completion date provided for by the AGREEMENT, but shall proceed with all work to be performed under the AGREEMENT.

CONTRACTOR shall retain any and all rights provided either by AGREEMENT or by law which pertain to the resolution of disputes and protests between the contracting parties.

XVIII. COMPONENT PARTS OF THE CONTRACT

This AGREEMENT entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the AGREEMENT as if herein set out in full or attached hereto:

In addition, all Change Orders and Work Directive Changes authorizing additions, deletions, or modifications, and all appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof, the terms of said documents shall control over each other in the following order:

1. Agreement

2. Change Orders and Work Directive Changes

3. Addenda

4. Notice to Bidders

5. Contract Proposal

6. Special Provisions

7. Technical Provisions

8. Contract Plans

9. City of Pismo Beach Standard Specifications and Drawings

10. Standard Specifications for Public Works Construction, “Greenbook,” 2015 edition, or the latest edition thereof

11. Standard Plans for Public Works Construction, “Greenbook,” 2015 edition, or the latest edition thereof

12. California State Department of Transportation Standard Specifications, latest edition, when specifically referenced in the plans.

All of the above named CONTRACT DOCUMENTS are intended to be complementary. Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.

XIX. ENTIRE CONTRACT

This AGREEMENT constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This AGREEMENT can be modified only by an amendment in writing, signed by both parties.

Council Agenda 1-17-2023 9.F-10
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.

CITY:

City of Pismo Beach, a Municipal Corporation

Signed:

Name: Benjamin A. Fine, P.E.

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

Signed: _______________________________

Name: James R. Lewis
Title: City Manager
Dated: ________________________________

Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449

ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk

APPROVED AS TO FORM:

Signed:

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

American Enviro Services, Inc.

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________

Address for giving notice:
______________________________________
______________________________________

Email address for official communications:
______________________________________

Vendor Representative:

Name/Title: ____________________________

Council Agenda 1-17-2023 9.F-11
Attachment 2
Packet Page 86

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Council Agenda 1-17-2023 9.F-12
Attachment 3
Packet Page 87

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

AWARD CONSTRUCTION CONTRACT TO JACK HANDLEY CONSTRUCTION

SERVICES FOR THE CHAPMAN ESTATE ADA RESTROOM REMODEL AND

ADDITION PROJECT
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to award a contract to Jack Handley Construction Services in the amount of $327,950 for the construction of the Chapman Estate ADA Restroom Remodel and Addition Project.

BACKGROUND:

The Chapman Estate is a unique property in the City that was accepted by City Council in 2013. Since that time, the City has been performing work to make the Estate available for event rentals, including a new roof, electrical repairs, railing installation, ADA walkway construction and some siding repair. On February 15, 2022, staff presented Council with an update on efforts at the Estate and received direction to move forward with design documents for both the window replacement and ADA restroom, and construction of a new roof, which has now been completed. Council also directed staff move forward with obtaining a geotechnical analysis of the seawall, bluffs, and sea caves beneath the Estate and to bring that analysis back for Council consideration.

Geotechnical Analysis
In March of 2022, a contract was executed with ENGEO Incorporated (ENGEO), formerly TerraCosta Consulting Group, to provide an update to its 2013 Shoreline Stabilization Report for the Chapman Estate. A draft report has been completed and provides options for both temporary and long-term shoreline stabilization efforts, which staff is currently reviewing. In summary, the draft report states that the sea caves are not an immediate threat to the house itself, however the existing seawall on the northwest side of the house and below the lighthouse is in need of repair.

Construction
The Chapman ADA Restroom Addition and Remodel project was advertised for construction bids on November 17, 2022. Five bids were received on December 22, 2022 ranging in amount from $327,950 to $647,000. The apparent low bidder is Jack Handley Construction Services with a bid of $327,950 (bid results provided for reference as Attachment 3).

Conclusion and Recommendation
Staff has verified their references and qualifications, and recommends the Council adopt a Resolution (Attachment 1) awarding a contract (Attachment 2) to Jack Handley Construction Services in the amount of $327,950 to complete the project (bid schedule provided as Attachment 1.A).

Packet Page 88

FISCAL IMPACT:

The fiscal impact of adopting the subject Resolution is a total estimated project cost of $453,540. The current Fiscal Year (FY) 2023 budget is $934,570 in the Chapman Estate Fund.

Current Project Funding
Total Project Budget $934,570
Known Project Costs
Construction Costs $327,950
Construction Observation and Inspection Services $50,000 20% Contingency $75,590
Total Project Cost $453,540
Remaining Budget $481,030
The remaining budget will be used to complete other improvements at the Chapman Estate including window replacements.

ALTERNATIVES:

1. Do not authorize the Resolution; provide staff with direction.

ATTACHMENTS:

1. Resolution

1.A Jack Handley Construction Services Bid Schedule

2. Jack Handley Construction Services Contract

3. Bid Results
Prepared by: Meeting Date: January 17, 2023
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

Packet Page 89

RESOLUTION NO. R-2023-XXX

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

CALIFORNIA AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO JACK HANDLEY CONSTRUCTION SERVICES IN THE AMOUNT OF $327,950 FOR

THE CONSTRUCTION OF THE CHAPMAN ESTATE ADA RESTROOM REMODEL

AND ADDITION PROJECT
WHEREAS, the Chapman Estate is a unique property in the City that was accepted by City Council in 2013; and
WHEREAS, the City has been performing work to make the Estate available for event rentals, including a new roof, electrical repairs, railing installation, ADA walkway construction and some siding repair; and
WHEREAS, on February 15, 2022, Council directed staff to move forward with design documents for both the window replacement and ADA restroom and construction of a new roof, which has now been completed; and
WHEREAS, the project was advertised for construction bids and five bids were received on December 22, 2022 ranging in amount from $327,950 to $647,000; and WHEREAS, the apparent low bidder is Jack Handley Construction Services with a bid of $327,950; and
WHEREAS, staff has verified their references and qualifications; and WHEREAS, the Fiscal Year 2023 Chapman Estate Fund budget includes $934,570 budgeted for the Chapman Estate ADA restroom and other improvements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to award a contract to Jack Handley Construction Services in the amount of $327,950 for the construction of the Chapman Estate ADA Restroom Remodel and Addition Project (cost exhibit provided 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 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Attachment 1
Packet Page 90

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
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Attachment 1.A
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Construction Services Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

CONSTRUCTION SERVICES AGREEMENT

This Construction Services Agreement (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation ("CITY"), and Jack Handley Construction Services, a corporation ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK

CONTRACTOR shall perform within the time set forth in Article 2 of this AGREEMENT and shall furnish at its own cost all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of restroom addition and remodel for the Chapman Estate ADA Restroom Remodel and Addition (hereinafter “Project”).

By entering into this AGREEMENT, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own. CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, CITY, the Project Manager, the Public Works Director/City Engineer, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, CONTRACTOR will have no remedy, and hereby expressly waives any remedy against CITY, the Project Manager, or the Public Works Director/City Engineer on account of delay, hindrance, interference or other events caused by a separate contractor.

II. TIME FOR PROJECT COMPLETION

All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Construction Schedule. All work shall commence fifteen (15) calendar days after receiving a written Notice to Proceed from CITY or Project Manager, if a Project Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to CITY comprises the entire “Project” and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within 80 consecutive working days (“Contract Time”).

III. THE CONTRACT SUM

CITY shall pay to CONTRACTOR for the performance of this AGREEMENT, subject to any additions and deductions provided in the Project documents, the sum of three hundred twenty-seven thousand nine hundred fifty dollars ($327,950).

IV. PROGRESS PAYMENTS

Based upon Applications for Payment submitted to the Public Works Director/City Engineer by CONTRACTOR and Certificates for Payment issued by the Public Works Director/City Engineer, CITY shall make progress payments on account of the Contract Sum to CONTRACTOR as provided in the General Conditions.

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This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to CONTRACTOR of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

This AGREEMENT is also subject to the provisions of Public Contract Code Section 9204, which provides for the submission and resolution of specified claims by CONTRACTOR, including provisions governing the type of claims that may be submitted, the time to respond to such claims, and alternative dispute resolution procedures. The provisions of Section 9204 are incorporated herein by reference, and to the extent CONTRACTOR asserts a claim specified by Section 9204, CONTRACTOR shall comply with all provisions set forth in Section 9204 in submitting a claim to CITY.

V. RETENTION OF SECURITIES

Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by CITY to ensure performance under a contract, at the request and expense of CONTRACTOR.

Substitution of securities shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allows the substitution of securities. Alternatively, CONTRACTOR may request that CITY make payment of retention earned directly to an escrow agent at the expense of CONTRACTOR. At the expense of CONTRACTOR, CONTRACTOR may direct the investment of the payments into securities and CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by CONTRACTOR. Upon satisfactory completion of the contract, CONTRACTOR shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from CITY, pursuant to the terms of this section.

The escrow agreement entered into pursuant to this section must be substantially similar to the form included in Public Contract Code Section 22300(e). CONTRACTOR shall obtain the written consent of its surety to such escrow agreement. Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by CONTRACTOR and CITY.

In accordance with Public Contract Code Section 22300(d)(1), if CONTRACTOR elects to receive interest on moneys withheld in retention by CITY, CONTRACTOR shall, at the request of any subcontractor performing more than five percent of CONTRACTOR’s total bid, make that option available to the subcontractor regarding any moneys withheld in retention by CONTRACTOR from the subcontractor.

VI. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT

To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of CONTRACTOR’s performance or CONTRACTOR’s failure to perform its obligations under this Attachment 2
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AGREEMENT or out of the operations conducted by CONTRACTOR, except for such loss or damage arising from the active negligence, sole negligence, or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR’s performance of this AGREEMENT, CONTRACTOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

Payment by CITY is not a condition precedent to enforcement of the indemnities in this section. In the event of any dispute between CONTRACTOR and CITY, as to whether liability arises from the active negligence, sole negligence, or willful misconduct of CITY or its officers, employees, or agents, CONTRACTOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent, or as having engaged in willful misconduct. CONTRACTOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorneys' fees, expert fees, and costs of litigation. The provisions of this Section VI shall survive completion of CONTRACTOR’s services or the termination of this AGREEMENT.

VII. PREVAILING WAGES

A. Wage rates for this Project shall be in accordance with the General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, for San Luis Obispo County. Wage rates shall conform with those posted at 760 Mattie Road, Pismo Beach, and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this AGREEMENT:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

VIII. RECORD AUDIT

In accordance with Government Code, Section 8546.7, records of both CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

IX. CERTIFICATIONS

In addition to certification and licensing requirements identified elsewhere in this agreement, CONTRACTOR shall maintain the following certifications for the duration of this AGREEMENT:

A. None

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X. FINAL PAYMENT

Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by CITY to CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the AGREEMENT fully performed, and a final Certificate for Payment has been issued by the Public Works Director/City Engineer.

XI. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT

In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this AGREEMENT in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this AGREEMENT or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from CITY, or CONTRACTOR shall pay CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this AGREEMENT shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by CITY.

XII. INSURANCE

A. Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below.

CONTRACTOR may use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this AGREEMENT and which is applicable to a given loss, claim or demand, will be equally available to CITY.

CONTRACTOR shall provide the following types and amounts of insurance:

1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard Insurance Services Office (ISO) “insured contract” language will not be accepted.

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2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 (06/92) covering bodily injury and property damage for all activities of CONTRACTOR arising out of or in connection with the Project, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
i. A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
ii. Pay on behalf of wording as opposed to reimbursement; iii. Concurrency of effective dates with primary policies; iv. Policies shall “follow form” to the underlying primary policies; and v. Insureds under primary policies shall also be insureds under the umbrella or excess policies.

4. Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code et seq. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees.

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

6. Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non- owned disposal sites.

7. Products/completed operations coverage. Coverage shall extend a minimum of three (3) years after project completion and shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.

Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

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8. Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only CITY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.

i. The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to CITY. ii. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to CITY prior to commencement of construction.

B. Other provisions or requirements:

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

CITY’s Risk Manager or City Attorney may waive the requirement of any insurance policy set forth herein if he/she determines that such a policy is not commercially available to CONTRACTOR, or if the risk to CITY is sufficiently minimal to render such insurance unnecessary. If such a policy is commercially available, additional cost to CONTRACTOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived. Current certification of insurance shall be kept on file with CITY at all times during the term of AGREEMENT. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.

2. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Project hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations Attachment 2
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claims. CITY and its officers, elected officials, employees, and agents shall continue as additional insureds under such policies.

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

4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may terminate this AGREEMENT.

5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.

6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

7. Enforcement of contract provisions (non-estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.

8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

9. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment, for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event CONTRACTOR’S policy of insurance cannot be endorsed to provide this notice of cancellation, CONTACTOR shall provide CITY notice

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of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.

10. Additional insured status. General liability and automobile insurance policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach."

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

13. Pass-through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party providing any work on the Project under the direction of CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in performing work on the Project will be submitted to CITY for review.

14. CITY’s right to revise requirements. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to CONTRACTOR, CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

15. Self-insured retentions. Any deductibles or self-insured retention must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects CITY, its elected and appointed officials, employees and volunteers, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Self-insurance will not be considered to comply with this paragraph unless approved by CITY.

16. Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

17. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Project.

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XIII. CONTRACTOR'S LICENSE

CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

XIV. REGISTRATION REQUIREMENTS

Pursuant to Section 1771.1(a) of the Labor Code:

“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

Except as otherwise provided in Labor Code Section 1771.1(a), no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

XV. CORPORATION IN GOOD STANDING

If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that the undersigned is authorized to act for and bind the corporation.

XVI. PROVISIONS REQUIRED BY LAW

Each and every provision of law and clause required by law to be inserted in this AGREEMENT shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the AGREEMENT shall forthwith be physically amended to make such insertion or correction.

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XVII. SUBSURFACE HAZARDOUS MATERIALS

A. Pursuant to Public Contract Code Section 7104, in the event the Project includes trenches or other excavations extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify CITY in writing of any:

1. Material that CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law;

2. Subsurface or latent physical conditions at the site differing from those indicated in the Project specifications;

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the CONTRACT.

B. Upon receipt of said notification CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in CONTRACTOR's cost of or the time required for performance of any part of the Project, CITY will issue a change order under the procedures described in the General Conditions.

C. In the event that a dispute arises between CITY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in CONTRACTOR's cost of or time required for performance of any part of the Project, CONTRACTOR shall not be excused from any scheduled completion date provided for by the AGREEMENT, but shall proceed with all work to be performed under the AGREEMENT.

CONTRACTOR shall retain any and all rights provided either by AGREEMENT or by law which pertain to the resolution of disputes and protests between the contracting parties.

XVIII. COMPONENT PARTS OF THE CONTRACT

This AGREEMENT entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the AGREEMENT as if herein set out in full or attached hereto:

In addition, all Change Orders and Work Directive Changes authorizing additions, deletions, or modifications, and all appendices, bulletins and addenda as prepared prior to the date of opening Bids setting forth any modifications or corrections or interpretations of any of said documents. In the event of any conflict between the provisions thereof, the terms of said documents shall control over each other in the following order:

1. Agreement

2. Change Orders and Work Directive Changes

3. Addenda

4. Notice to Bidders

5. Contract Proposal

6. Special Provisions

7. Technical Provisions

8. Contract Plans

9. City of Pismo Beach Standard Specifications and Drawings

10. Standard Specifications for Public Works Construction, “Greenbook,” 2015 edition, or the latest edition thereof
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11. Standard Plans for Public Works Construction, “Greenbook,” 2015 edition, or the latest edition thereof

12. California State Department of Transportation Standard Specifications, latest edition, when specifically referenced in the plans.

All of the above named CONTRACT DOCUMENTS are intended to be complementary. Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.

XIX. ENTIRE CONTRACT

This AGREEMENT constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This AGREEMENT can be modified only by an amendment in writing, signed by both parties.

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

CITY:

City of Pismo Beach, a Municipal Corporation

Signed:

Name: Benjamin A. Fine, P.E.

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

Signed: _______________________________

Name: James R. Lewis
Title: City Manager
Dated: ________________________________

Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449

ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk

APPROVED AS TO FORM:

Signed:

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

Jack Handley Construction Services

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________

Address for giving notice:
______________________________________
______________________________________

Email address for official communications:
______________________________________

Vendor Representative:

Name/Title: ____________________________

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CITY OF PISMO BEACH

BID OPENING LOG
Date: December 22, 2022
Time: 2:00 p.m.

Subject: Chapman Estate ADA Restroom Remodel and Addition Project # Company Name Date Rec’d Time Rec’d Bid Bond Base Bid Amount

1. BC Construction &
Electric
12/22/2022 12:38 pm X $329,538.00

2. C & C Contracting 12/22/2022 12:42 pm X $647,000.00

3. Pre Con Industries, Inc. 12/22/2022 1:36 pm X $538,000.00

4. Quincon 12/22/2022 1:47 pm X $417,614.00

5. Jack Handley
Construction Services
12/22/2022 1:48 pm X $327,950.00

6. 7.

8. 9.

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.H

SUBJECT/TITLE:

PURCHASE OF ADDITIONAL PARKING METERS, ASSOCIATED HARDWARE, AND

HOUSINGS FROM IPS GROUP

RECOMMENDATION:

Adopt a Resolution authorizing the City of Pismo Beach to purchase 210 Parking Meters, associated hardware, and housings from IPS Group for a total of $255,911 in Fiscal Year 2023, and appropriating related budget adjustments.

BACKGROUND:

The Fiscal Year 2022/23 Paving Project includes extensive paving project throughout the city. As part of the project, the City has planned to expand the paid parking area to include a majority of the parking spaces along Price Street. The paving project on Price Street will include the installation of poles along a new center median designated for diagonal parking spaces, as well as on the sidewalks parallel to Price Street for the curbside parking spaces. These poles will be affixed with parking meters. Staff has identified 124 parking spaces where single meters will be affixed and 83 spaces were double meters will be affixed. The Council has directed that paid parking will only be in effect from Friday evening to Sunday evening as to not impact locals from conducting business during the week.

Staff recommends that the new meters be purchased from IPS Group, the manufacturer of the City’s current parking meters, so that the new meters will be completely compatible with the existing meters. This purchase of meters will include vehicle sensors, mobile payment options, housings, and will pair with the existing enforcement applications.

Additionally, the MK5 Single-Space Meters from IPS Group are solar powered with rechargeable battery packs, and wirelessly networked, and the patented meter mechanism accepts payment by coins, credit/debit card, smart card and tokens, pay-by- phone, or contactless payment. Due to the City’s existing relationship with IPS Group, the IPS Group purchase of the new parking meters is being recommended as a sole-source purchase. The IPS Group quote is provided as Attachment 1.A.

Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) authorizing the purchase of 210 Parking Meters, the associated hardware, and the housings from IPS Group for $255,911 in Fiscal Year (FY) 2023, including appropriating related budget adjustments.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution is an additional cost of $255,911 for the purchase and installation of 210 parking meters, hardware, and housings. Staff recommends that Council appropriate $256,000 in the Parking Enterprise Fund Capital

9.H-1Council Agenda 1-17-2023
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Outlay for machine and equipment in FY 2023, supported by the Parking Enterprise Fund’s available fund balance.

ALTERNATIVES:

1. Do not purchase the parking meters from IPS Group; provide staff with direction on how to proceed.

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: IPS Group Quote
Prepared by: Meeting Date: January 17, 2023
Chris Trimble, Police Commander
Submitted by: Jeff Smith, Chief of Police
City Manager Approval:

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RESOLUTION NO. R-2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE PURCHASE OF 210 PARKING METERS, THE

ASSOCIATED HARDWARE, AND HOUSINGS FROM IPS GROUP FOR THE AMOUNT OF $255,911.00 IN FISCAL YEAR 2023 AND APPROPRIATING RELATED

BUDGET ADJUSTMENTS
WHEREAS, the Fiscal Year (FY) 2023 Parking budget includes $255,911 for the purchase of new parking meters as the paid parking area expands to extend along Price Street; and
WHEREAS, over two hundred parking meters will be affixed along Price Street in curbside parking spaces and diagonal spaces adjacent to the newly-constructed center median, in accordance with the Price Street Paving Project plan; and WHEREAS, parking meters are a vital tool for the Parking Division for the collection of parking revenue and to ensure the regular flow of vehicles in the paid parking areas; and WHEREAS, in order to realize significant operational benefits, staff recommends the procurement of parking meters identical to the existing parking meters installed in the downtown area, and this purchase is therefore being recommended as a “sole source” purchase since the City is adding to a product compatible with the City’s equipment and this product is available from only one vendor, with whom the City has a current relationship.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the purchase of 210 parking meters, the associated hardware, and housings from IPS Group for the amount of $255,911 (quote provided as Exhibit A).

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $256,000 in the Parking Enterprise Fund capital outlay machinery and equipment in Fiscal Year 2023, supported by Parking Enterprise Fund net position (available fund balance).

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

9.H-3Council Agenda 1-17-2023
Attachment 1
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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

9.H-4Council Agenda 1-17-2023
Attachment 1
Packet Page 103

120-009 Large Coin Can Assembly - IPS LOCK 210 $40.00 $8,400.00 101-033-B IPS meter yoke assembly (Black)50 $75.00 $3,750.00 101-009 Pole Mounting Kit - Yoke Center 50 $15.00 $750.00 101-027-ASY-B Model 147/247 Housing (M95) - Large Vault - Abloy Top Lock - Abloy Vault Lock -
BLACK
210 $235.00 $49,350.00
Installation On-site Services
(2 Technician(s) - 5 Days)
1 $9,500.00 $9,500.00
347-504-SRM MK5 Model 247 SSPM Meter Mechanism
w/Stereoscopic w/Radio w/Modem
210 $770.00 $161,700.00
N/A Coin Type : COINS 1 $00.00 $00.00
N/A Coin Slots : Dollar 1 $00.00 $00.00
N/A Card Decals : VISA,MASTERCARD 1 $00.00 $00.00
7737 Kenamar Court,
San Diego, CA 92121
IPS-2022-033097516
IPS Sales Quote
Date Quote # Customer
Sub-Contractor
11/15/2022 IPS-2022-
033097516
Pismo Beach
CA (613)
None
Bill To
City of Pismo Beach Shipping
1000 Bello Street
Pismo Beach, CA 93449
Ship To
City of Pismo Beach - Parking Operations
550 Frady Lane
Pismo Beach, CA 93449
Rep P.O. No. Terms FOB Contract
PS Net 30 San Diego
Item Description Qty Price Total

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Notes-Freight + FREIGHT CHARGES
(SHIPPING_FREIGHT_ECONOMY)
1 $5,104.87 $5,104.87
7737 Kenamar Court,
San Diego, CA 92121
IPS-2022-033097516
IPS Sales Quote
Date Quote # Customer
Sub-Contractor
11/15/2022 IPS-2022-
033097516
Pismo Beach
CA (613)
None
Bill To
City of Pismo Beach Shipping
1000 Bello Street
Pismo Beach, CA 93449
Ship To
City of Pismo Beach - Parking Operations
550 Frady Lane
Pismo Beach, CA 93449
Rep P.O. No. Terms FOB Contract
PS Net 30 San Diego
Item Description Qty Price Total
Order Remarks:

TERMS AND CONDITIONS:

1. Quote is stated in USD. Shipping and sales tax charges may apply.

2. Orders will not be submitted until a Purchase Order has been issued or a signed copy of the quote is received by IPS Group, Inc. If your company uses a blanket purchase order, please write the number in the 'P.O. No.' box near the top of the quote.

3. A signed copy of this quote must be returned to your sales representative for further processing. Notification will be sent once the order is submitted for processing.

4. This quote expires 90 days after the date it was issued.

5. Additional installation services required will be charged $950/day per technician.

6. Training and Commissioning will be $1000 minimum on a new installation if applicable.

7. if you have any questions, or require further assistance please contact customer support by submitting your questions to the email address below.

Subtotal $238,554.87
Sales Tax (7.750%)$17,356.13
Grand Total $255,911.00
Signature _______________________________
Phone #Fax #E-mail
858-568-7648 858-408-7839 [email protected]

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.I

SUBJECT/TITLE:

CONTRACT WITH PHOENIX GROUP INFORMATION SYSTEMS FOR PARKING

REVENUE AND CITATION MANAGEMENT FOR A THREE-YEAR TERM

RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to execute a three-year contract with Phoenix Group Information Systems for parking revenue and citation management services from February 1, 2023, to January 31, 2026.

BACKGROUND:

For many years, the City of Pismo Beach has contracted with Phoenix Group Information Systems for the collection, management, reporting, and tracking of revenue pertaining to paid parking and parking citations in Pismo Beach. Phoenix Group is an industry leader in this field. In preparation for the expiration of the current contract, research was done, and other companies were found by staff to be inadequate to meet the needs of the City.

In addition, staff determined that Phoenix Group offers several services that the City had not taken advantage of during previous years. These additional services include e-citation set-up and processing, citation storage, and additional-fee recovery services. For these reasons, and in consideration of the City’s existing relationship with Phoenix Group, staff recommends that the City Council that a new contract with Phoenix Group be awarded as “sole source.”

Contract Provisions and Costs:

The proposed contract (Attachment 2) provides for the management of parking revenue and parking citation management for a period of three years. The fees charged to the City are based on a percentage taken from the revenue collected and accounted for by Phoenix Group. The total cost to the City for services provided by Phoenix Group Information Systems in FY 2022 was approximately $67,000. The costs associated with the services provided by Phoenix Group are directly correlated with the amount of revenue received and citations processed. Those costs (i.e. percentages and cost per citation) will remain the same as they were in the previous contract. The total cost for Phoenix Group services could rise as both parking enforcement and revenue rise. The proposed Phoenix Group scope and cost exhibit is provided as Attachment 1.A.

Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute a three-year contract with Phoenix Group Information Systems for parking revenue and citation management.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution and contract reflects net additional citation revenue to be deposited in the Parking Enterprise Fund. Parking citation revenues are offset by various fees as set in the Phoenix Group Information Systems contract. Total

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expenditures for parking citation fees vary each year depending on the parking citations needed, number of visitors using paid parking areas, parking enforcement staffing levels, and the type of parking citation issued. In FY 2022, Phoenix citation fees were approximately $67,000 and prior to that, the total citation fees were $37,000 and $27,000 per year. These fees are covered by the citation revenues to the City. Staff recommends that a conservative estimate assuming full staffing, adding on the electronic citation and fee recovery services, and additional citations could reach $80,000 per year, or $240,000 over three years.

As these citation revenues and fee expenditures vary each year, staff recommends adjusting the budget at the end of the fiscal year to reflect actual revenues received and expenditures spent.

ALTERNATIVES:

1. Do not extend the contract with Phoenix Group Information Systems; direct staff to explore other companies who provide a similar service.

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Scope and Cost Exhibit

2. Phoenix Group Contract for Professional Services
Prepared by: Meeting Date: January 17, 2023
Chris Trimble, Police Commander
Submitted by: Jeff Smith, Chief of Police
City Manager Approval:

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RESOLUTION NO. R-2023-XXX

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

CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR

CONTRACT WITH PHOENIX GROUP INFORMATION SYSTEMS FOR PARKING REVENUE AND CITATION MANAGEMENT FROM FEBRUARY 1, 2023, TO JANUARY 31, 2026
WHEREAS, the City’s current agreement for parking revenue and citation management with Phoenix Group Information Systems, expired on January 1, 2023; and WHEREAS, in consideration of the City’s existing relationship with Phoenix Group, the firm’s familiarity with the City’s parking citation processing needs, and additional value- added services that will be available under a new contract, including e-citation set-up and processing, citation storage, and additional-fee recovery services, and the lack of availability of other suitable vendors, staff recommends that the City Council that a new contract with Phoenix Group be awarded as sole-source.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute an agreement (scope and cost provided as Exhibit A) with Phoenix Group Information Systems for parking revenue and citation management for a three-year term in the not-to-exceed amount of $240,000 over three years or $80,000 per year from spanning February 1, 2023 to January 31 , 2026.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

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Exhibit A

PARKING CITATION PROCESSING AND COLLECTIONS - PRICING
Item Description Cost

Monthly Fee
Parking Citations Cloud Based Database Access,
Custom Website, Live On-Site Bilingual Customer
Service, Reports, Adjudication Services, DMV
Registered Owner Lookup; DMV HOLDS and
RELEASES. Unlimited Agency User Access.

Training, all session can be recorded.

Included
Free of
Charge
Per Electronic Cite Processed Per Electronic Cite Processed Hand Written Cite Processed (includes data entry)
$1.25

Out of State citations
Out of State processing includes any costs charged
by the state for the registered owner. The percentage
is only for citations that are collected.

$0.35

Delinquent Notice
A notice of violation (delinquent notice) is sent after an INDIVIDUAL received the initial citation as a
courtesy reminder. If applicable, A second notice of
delinquency is sent if the payment is not made by the
initial due date.

$0.95
Payment Processing/Updates Cost per payment processed included $0.30 Reports Management
Includes Monthly Surcharge
Report
Includes: online reports to generate, print and re-print 24/7. Reports can be exported in both PDF and
Excel. Custom reports are available upon request.

Included
Free of
Charge

Credit Card Payments
A credit card processing fee of $4.95 or 4.25%,
whichever is greater, will be charged to the
INDIVIDUAL at no cost to the AGENCY.

Included

Credit Card Chargebacks
If a chargeback occurs, the citation is re-opened free
of charge and the administrative fee is added – pass
though cost forthe Agency.

Pass through cost to
Agency

Special Custom Letter
Special letters are custom notices used as follow-up
for hearing dates, review results, hearing results, or
habitual violations (Scofflaw), Pre-intercept letters.

$1.59
Bank Management Fee Includes all related costs for bank account and reconciliation of funds, supplies. $50.00
NSF Bank returned checks Bank account must be accessed and controlled by PHX. $10.00

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Refunds
Bank account must be accessed and controlled by
PHX. The AGENCY will approve (In writing) each
refund in advance of disbursement

$5.00
Expedited Collections If bail amount is recovered after 90 days. 20% FTB Collections Activated Based on age of collections. Percentage is based on bail amount collected. 15%+ $1.35 per SSN#
look up

Software maintenance Wincite Data base, data storage, remote support configuration adjustments on software interfaces.

$175.00
AB503 Monthly fee for the creation, processing and
monitoring of all payment plans in compliance with
legislative bill 503 and online application. Payment
plan set up, letter to Indigent applicant, monitoring
of plans, late fees in abatement, removed from
DMV hold.
$245.00

Online Contesting This service charge of $95.00 a month was waived and included at no cost.

Included

FREE OF
CHARGE

Training
Training; full training of Wincite software for Agency
Staff. All training sessions can be digitally recorded
and given to the Agency for future use and reference.

A video will be provided for future training purposes.

Included

FREE OF
CHARGE

Services for the above-mentioned items include:
 Data entry of manually written citations performed within 24 hours of receipt  Quality assurance verification of manually entered citations  Scanning of all manually written citations onto our network for storage and ease of retrieval  Bi-monthly shredding of manually written citations
 Electronic transfer of all electronically written citations, recordings, videos and photographs

Delinquent Notice Cost: Services for the above-mentioned item include:
 Semi-custom Notice that is printed on an 8 ½ x 11” piece of paper with a perforated tear-of payment stub provided in a window envelope
 All notices are attached to the citation online and are viewable via the web  All notices sent via 1st Class Mail, postage included  All notices include a return envelope in which the responsible party may submit payment

Delinquent Collections:
 This fee will be assessed, assuming a first notice has been sent to the registered owner/individual and the citation is not on hold for any reason.
 All notices are sent via First Class mail and all notices are printed on an 8 ½ x 11” sheet of paper and folded into a window envelope; in addition, a window envelope is provided for the recipient to return payment

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 All notices are attached to the citation online and are viewable via the web.  If PHX does not collect on a citation that is delinquent, the Agency does not owe this fee  Notices will be sent via 1st Class Mail, and PHX will be responsible for the cost incurred and all customer service and payment entry.

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Franchise Tax Board Processing:
 SSN Look-up: This fee will be assessed to lookup a social security number associated with a particular responsible party and address
This charge is charged per unique SSN, not per citation FTB Collections  FTB Collections: This fee is charged if a citation is paid at the Franchise Tax Board.  This charge is not combined with any other charge; for example, if a citation is rolled to delinquent status and paid at FTB, only the 15% of revenue collected will be charged

Collections:
 This fee is charged if a citation is paid at Collections  This charge is not combined with any other charge; for example, if a citation is rolled to delinquent status and paid at Collections, only the 20% of revenue collected will be charged

Adjudication Service;
 Scanning and Scheduling of Hearing
 PHX will review all documentation received by the Appellant and determine whether the request received within the required timeframe
 If the request was received within the required timeframe, PHX’s Adjudication Department will place the citation on an Administrative Hearing Request Hold and scan all received documentation into the Solution where it is displayed on the web for the Agency’s Staff and the Hearing Officer
 If the request is received outside the required timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have PHX send a “time expired letter” rejecting the appeal
 PHX will work with the designated Hearing Officer to schedule the Hearing based on either a pre- determined schedule or an ad hoc basis, depending on the Agency’s schedule

Hearing Schedule & Disposition Letters:
 PHX will send a custom disposition letter to the Appellant via 1st Class Mail, Postage Included  All letters are attached to the citation online and are viewable via the web  Disposition letters will be sent Monday – Friday

Online Access for the Agency’s Customers/ Public:
 Included The Agency’s Customers will have the ability to perform the following functions online:
 View real-time citation(s) data
 Pay for a single or many citation(s)
 Accept payment via VISA, MasterCard, Discover and American Express credit/debit cards  Request a Hearing online and attach up to 3 supporting documents  Print a receipt
 View pictures of the citation taken by the issuing officer (if the Agency allows)

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Online Access for the Agency’s Staff:
 Included Access to the Agency’s data is based on unique usernames and passwords assigned to everyone who requires access to the system. PHX does not limit the number of individuals who have access to the system and the number and types of access can change at any point with a simple email request to PHX.
 Our Solution is setup to maintain a complete audit trail for each transaction in the system so that the username is displayed next to every transaction in the system, indicating who performed the transaction and when. Dependent on the access rights provided to each Agency Staff member, the following capabilities are available:
 View real-time citation(s) data, including pictures taken by the Issuing Officer  Accept payment via VISA, MasterCard, Discover and American Express credit/debit cards  Accept payment via Cash, Check or Money Order
 Process NSFs, Charge-backs and Refunds
 Reduce or increase violation amounts, dismiss citations, void citations and place a citation on hold
 Change citation data, including violations, date, time, location, comments, and others  Generate a time expired or letter of non-responsibility for a citation in the adjudication process  View the complete reason for the Hearing Request and supporting documentation provided by the Appellant directly online
 Edit Appellant information
 Upload disposition documents sent to the Agency via US Mail  Add a note to a citation and see all comments added to the citation  View the reason for the 2nd Level Administrative Hearing Request online and view the supporting documentation provided by the Appellant, directly online  Print a receipt with or without responsible party information

Reporting:
 PHX offers 24 reports online for our Clients to generate, print and re-print 24/7. We provide real- time reports that can be generated for any timeframe required and we provide pre- processed/month-end reports that reflect the month-end view of data.  All reports are available online through our Wincite Software Solution.  All reports are generated are available in both PDF and Excel.

Manual Payment Processing: Included:
 Manually received payments (checks, cash, money orders and credit card payments sent via US Mail) are received at our PO Box in Santa Ana where a bonded and insured courier picks up the mail daily and delivers it to our Santa Ana office.
 On-site Mail Department opens, sorts and batches the payments before providing them to our on- site Data Entry Department
 After double-blind entry of each payment, the citations are updated by our Quality Assurance team
 Payments are then provided to our Accounting Department where daily deposit slips are completed and provided to a bonded, insured courier who takes them to the bank

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Customer Service:
 PHX provides a live, bi-lingual, on-site Customer Service Department that is fully trained to answer questions related to citation issuance, payment, adjudication, FTB, Collections.  All calls are recorded to quality assurance and recordings can be sent to the Agency at any time for review
 PHX’s IVR is bi-lingual and accessible via several toll-free numbers; the IVR provides real-time information to the caller regarding current status, including the amount due  The IVR accepts VISA, MasterCard, Discover, and American Express

Web Presence:
 PHX Solution is 100% web-based: paymycite.com/pismo ; this is a custom website for the Agency for complete transparency. This website allows for the Agency and the Agency’s Customers to access citations online
 PCI complaint,TLS1.2 encryption level. McAfee Secure.Trustwave.  Web Content Accessibility Compliance: WCAG20- 20081211/ Level AA, Section 508

MOBILE ENFORCEMENT - PRICING
Description Cost
Android HHU | Wi-Fi only w/ military grade protective case TBD Wincite Mobile Software License | Unlimited site license; One-time charge per unit
$695.00
Software Installation/configuration | One-time charge per unit $100.00 TSC Alpha 3R | Bluetooth Printer w/ 2-year warranty / Protective environmental case.
$780.00 per
device
Hardware/Software Support | ongoing monthly charge per unit LPR real time accessibility | ongoing monthly charge per unit.

$60.00
LPR Software License & Activation, one time fee per device This service charge of $3995.00 per device was waived and included at no cost.

FREE OF CHARGE
Training; full training of Wincite Mobile Automated Ticket writing software for Agency Staff. All training sessions can be digitally recorded and given to the Agency for future use and reference. A video will be provided for future training purposes.

FREE OF CHARGE
DATE

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Vendor Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES

This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Phoenix Group Information Systems (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

RECITALS:

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

Parking citation processing management

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

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR

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

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

II. TERM

Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through January 31, 2026. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.

III. COMPENSATION

A. VENDOR’s Fee

For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule included as Exhibit A. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of two hundred forty thousand dollars ($240,000.00) over three years and eighty thousand dollars ($80,000.00) per year, unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II,

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Vendor Agreement (Rev. 2/2/2018)
VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.

B. Schedule of Payment

VENDOR will submit invoices monthly for actual services performed and associated expenses.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.

IV. TERMINATION OF AGREEMENT

A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.

V. FORCE MAJEURE

If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.

VI. RETENTION OF FUNDS

VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.

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Vendor Agreement (Rev. 2/2/2018)
VII. CITY REPRESENTATIVE

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

VIII. VENDOR REPRESENTATIVE(S)

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

IX. INDEPENDENT CONTRACTOR

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

X. BUSINESS LICENSE

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

XI. OTHER LICENSES AND PERMITS

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

XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS

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

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

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services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.

C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.

XIII. INDEMNIFICATION

A. Non-design, non-construction Professional Services:

To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

B. Non-design, construction Professional Services:

To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

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C. Design Professional Services:

In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.

D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.

XV. INSURANCE

A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.

1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

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2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

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

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

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

B. Other provisions or requirements:

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

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

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

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

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

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CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.

5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.

6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non- compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.

8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

9. Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.

10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." CITY need not be named as an additional insured on professional liability insurance policies.

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement

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of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party providing any work under the Scope of Services under the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.

14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.

15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

16. Timely notice of claims. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

17. Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Scope of Services.

XVI. SUBCONTRACTORS

Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;

B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and

C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.

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XVII. CONFLICT OF INTEREST

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

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

XVIII. NOTICE

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

Notice will be sufficiently given for all purposes as follows:

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

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

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

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

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

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

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

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

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XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING

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

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

XX. INTERPRETATION

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

XXI. SEVERABILITY

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

XXII. TIME OF ESSENCE

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

XXIII. GOVERNING LAW; JURISDICTION

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

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

XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS

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

XXV. WAIVER OF BREACH

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

XXVI. ATTORNEY’S FEES

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

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

XXVII. EXHIBITS

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

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

XXVIII. VENDOR’S AUTHORITY TO EXECUTE

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

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

XXIX. INTEGRATION; AMENDMENT

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

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

Signatures begin on next page.

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CITY:

City of Pismo Beach, a Municipal Corporation

Signed:

Name: Jeff Smith
Title: Police Chief
Dated: ________________________________

Signed:

Name: James R. Lewis
Title: City Manager
Dated: ________________________________

Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449

ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk

APPROVED AS TO FORM:

Signed:

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

Phoenix Group Information Systems

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________

Address for giving notice (See Section XVIII):
______________________________________
______________________________________

Email address for official communications:
______________________________________

Vendor Representative (See Section VIII):

Name/Title: ____________________________

Attachments:

Exhibit A: Scope of Service and Compensation Schedule

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A

SUBJECT/TITLE:

PROGRESS REPORT ON FISCAL YEAR 2022 & 2023 CITY COUNCIL GOALS

RECOMMENDATION:

Receive a progress report on the City Council’s Fiscal Year 2022 & 2023 Goals.

EXECUTIVE SUMMARY/BACKGROUND:

The City of Pismo Beach utilizes a thorough and thoughtful planning process to establish the City’s focus and priorities. This process manifests itself every two years, when the City Council meets to determine goals for the following two-year period (July 1 – June 30 of the following year) and beyond. The goals established by the City Council then drive the priorities outlined in the City budget and provide direction to staff for work plans for the corresponding time. During the goal-setting process for the Fiscal Year 2022 and 2023, four goals were established. Staff has made significant progress in most of the areas and status reports describing this progress have been given during Capital Improvement Program updates.

The City Council is being asked to receive this comprehensive report regarding the progress made toward accomplishing the City’s goals during the first three quarters (through December 31, 2022) of this two-year budget period. This also provides an opportunity for the public to learn of the City’s progress and share input with the City Council on any of the goals prior to new goals being established/reestablished. The City Council will review its current goals and available budget and set its new goals for the Fiscal Year 2024 and 2025 period at a special workshop on February 3, 2023.

Major City Goals and Other Important Objectives
The City Council has approved four goals for the City for Fiscal Years 2022–2023. The goals are broken into Major City Goals and Other Important Objectives:

Goal #1: Water Supply, Conservation, and Central Coast Blue (Sustainability) Goal statement: Sustain the City's water supply by completing Central Coast Blue and pursuing access to new, high-quality, and reliable water sources; promoting conservation; and conducting public outreach and education.

Priorities for the next two years:
 Implement Central Coast Blue, working with partner agencies  Promote water conservation
 Pursue additional water supplies and options for storage  Conduct public outreach and education
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Goal #2: Public Safety
Goal statement: Create a public safety center that enables exceptional public safety services and honors the history of the site.

Priorities for the next two years:
 Build a state-of-the-art fire facility
 Modernize and expand the police station
 Preserve the facade of the historic city hall

Goal #3: Traffic, Circulation, and Parking
Goal statement: Improve traffic flow and parking assets to meet the needs of current and future residents and visitors.

Priorities for the next two years:
 Continue work on downtown parking solutions, including acquiring additional parking assets
 Improve bike and pedestrian options
 Determine whether to acquire Dolliver Street from the state and make circulation improvements per the Circulation Element
 Determine future of outdoor dining and related parking considerations

Goal #4: Community Character and Quality of Life for Residents Goal statement: 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.

Priorities for the next two years:
 Invest in neighborhoods, including road, sidewalk, and park improvements  Relocate tennis courts located at the site of the future public safety center and add basketball courts/pickleball courts to offer improved recreational opportunities for residents at the new site
 Complete updates to the Local Coastal Plan, General Plan and Zoning Ordinance, emphasizing issues important to the community, such as managed growth, appropriate design, and neighborhood preservation
 Engage the community and communicate the benefits of a visitor economy to quality of life for residents (e.g., tourism, hospitality)  Evaluate the locations and potential expansion of recreation programs to meet community needs (i.e., mobile home community centers)
 Implement community beautification strategies (e.g., James Way Beautification Plan), and establishing City policy about tree planting programs  Evaluate the option of assessment districts to address major infrastructure improvements (e.g., Shell Beach drainage, undergrounding utilities) Council Agenda 1-17-2023 12.A-2
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 Deliver exceptional services to the public

While each of the goals are large and complex, staff is pleased to report that substantial progress has been made in many areas. This report will break down each goal in detail, outlining the major accomplishments as well as other administrative accomplishments.

Review of Major City Goals

Goal #1: Water Supply, Conservation, and Central Coast Blue (Sustainability) Implement Central Coast Blue, working with partner agencies  Implement Central Coast Blue, working with partner agencies  The Partner agencies worked together to create the Cost sharing agreement for participation in the Central Coast Blue project, establishing the water purveyor allocation among other provisions.
 The Partner agencies, the Cities of Arroyo Grande, Grover Beach, and Pismo Beach have formed the Central Coast Blue Regional Recycled Water Authority, a JPA which will own and operate Central Coast Blue.  The Central Coast Blue Management and Technical Advisory Committees (TAC) have been meeting monthly to review project progress and provide direction to the design team.
 60% design plans have been completed for review by the TAC.  City staff and the consultant team have worked with permitting jurisdictions to outline permitting requirements for the facility and infrastructure.

Consolidated Coastal Development Permitting Process has been requested following City Council authorization.
 Pismo Beach City Council has adopted a resolution adopting the 2019 San Luis Obispo County Integrated Regional Water Management Plan which allows Central Coast Blue to be eligible for a recommended $1M Proposition 1 IRWM grant. This application will be submitted in January of 2023.
 The JPA met on December 1, 2022, approving bylaws, selecting a Chair and Vice-Chair, and designating the Pismo Beach City Manager as the designated authorized signer for financial assistance applications.  The JPA submitted the Clean Water State Revolving Fund loan and the EPA’s WIFIA letter of interest to apply for funding of the non-grant funded portion of the Central Coast Blue project.
 Prop 1 GWGP grant award funding is expected to be announced early 2023.

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 Promote water conservation
 The City Council committed $30,000 in additional funding toward water conservation rebates. Current rebate programs include Cash 4 Grass, High Efficiency Toilet Rebates, Washing Machine Rebates, Hot Water Recirculation Pump Rebates, Rain Barrel Rebates and Smart Irrigation Controller Rebates. Under the current program, 50 rebates have been issued at a cost of $27,252.75 which is estimated to save 8.04 acre-feet of water per year (AFY) at a cost of $3,389.65/AFY.
 Pursue additional water supplies and options for storage  Staff successfully negotiated contract changes to the Lopez Lake Contract to establish storage rights in Lopez Lake. Under the newly revised contract, each Zone 3 agency can store unused Lopez allocation indefinitely (subject to evaporation losses), as well as storing State Water at Lopez Lake. Under the old contract, unused Lopez allocations were dispersed proportionally among the Zone 3 agencies per their allocation in the project. Further, water that was carried over had to be used the following year or forfeited back to the district pool.
 At the City Council’s direction, staff is working with the County of San Luis Obispo Flood Control and Water Conservation District to increase the City’s State Water Drought Buffer from 1,240 acre-feet per year (AFY) to 3,192 AFY. With this level of drought buffer, the City can expect to have a total water supply portfolio of 1,800 AF when State Water deliveries are at 20%.  Conduct public outreach and education
 Staff has developed and sent out water conservation mailers as well as produced and posted water conservation videos.
 Staff worked with local hotels and distributed water conservation table tents to be placed in their guestrooms.
 Staff discussed water conservation with the Pismo Beach Hospitality Association to promote water conservation.
 Staff encouraged the Pismo Beach Hospitality Association to write an article for the Clam Chronicle on lodging water conservation efforts.

Goal #2: Public Safety
Goal statement: Create a public safety center that enables exceptional public safety services and honors the history of the site.
 Acquisition of property at 940 Bello Street to expand the project site.  Lease of 900 Bello Street for Fire personnel living quarters. This lease will provide housing throughout the construction of the project and allow for continued response to the community.

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 Staff and consultants presented four site options for the City Council to consider for the layout and logistics for the site. The City Council selected “Option D,” which would build a new two-story police station at the site of the former elementary school, and repurpose the existing police station to be converted into fire station living and support space with new apparatus bays.
 Released the Request for Proposals to the prequalified Design-Build Entity Teams.

Conducted kick-off meetings, onsite meetings, requests for information, and confidential meetings with the firms to ensure that the submitted proposals are in alignment with the goals and direction from the City Council.  Proposals are due to the City on February 16, 2023 (tentative) at which point they will be scored and then presented to the City Council for review and consideration prior to an award of contract.

Temporary Police Station
 Three different buildings will be utilized to support police department operations during construction: 330 Main Street, 585 Dolliver Street, and 760 Mattie Road.

Staff has been coordinating with all impacted departments to make the necessary improvements and arrangements to support these efforts.

Goal #3: Traffic, Circulation, and Parking
Goal statement: Improve traffic flow and parking assets to meet the needs of current and future residents and visitors.
 Continue work on downtown parking solutions, including acquiring additional parking assets
 The City Council authorized an agreement for the update of the City’s Parking Management Plan. The consultants have completed data gathering and interviews of the Parking Advisory Committee members.  Improve bike and pedestrian options
 The City Council reaffirmed a sidewalk policy to improve walkability throughout the city by requiring new sidewalk to be installed with specific development/redevelopment projects.
 Initial draft report has been completed for the signalization of Bello Street and Price Canyon Road. A final report is expected to be completed by February 2023.
 Construction has commenced on the 2022/23 Paving Project. This project, when complete, will pave nearly 1/3 of all City streets and is the largest paving project in the City’s history.
 A new sidewalk from Price Canyon Road to Ocean View Avenue is being constructed, as well as a sidewalk from Mattie Road to Spyglass, under US 101.
 The City’s first buffered bike lines are being constructed along Mattie Road with the 2022/23 Paving Project.

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 Over 150 curb ramps are being either constructed or reconstructed to improve ADA access throughout the city in conjunction with the 2022/23 paving project.
 The Bello Street Bridge was completed which improves traffic circulation by allowing traffic to bypass downtown. The bridge also has a separated bicycle/pedestrian path.
 E-bike needs and parking locations are being evaluated as part of the Parking Management Plan update.
 Determine whether to acquire Highway 1 from the state and make circulation improvements per the Circulation Element
 The Council directed staff to move forward to accept Highway 1 after it is rehabilitated and the City has received all necessary legislative and executive approvals. Staff has been negotiating with Caltrans for the final details of the relinquishment of Highway 1.
 Staff has been diligent in influencing the design and method of construction for the rehabilitation project.
 Determine future of outdoor dining and related parking considerations  On November 15, 2022, the City Council considered pursuing a permanent parklet program but determined not to move forward with a permanent program.
 The program allowing parklets in public right-of-way ended on September 30, 2022, and the encroachments were removed.

Goal #4: Community Character and Quality of Life for Residents Goal statement: 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.  Invest in neighborhoods, including road, sidewalk, and park improvements  Installing new water bottle filling stations and drinking fountains at all City parks.
 Completed the design process for and ordered new playground equipment at Chumash and Palisades Parks.
 Investing in improvements along Ocean Boulevard including new beach access, sidewalks, and telescopes. Relocate tennis courts located at the site of the future Public Safety Facility and add basketball courts/pickleball courts to offer improved recreational opportunities for residents at the new site  At the City Council’s direction, staff has prepared plans for new sports courts (two pickleball and one tennis court) at the vacant lot across from Chumash Park.

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 As part of this effort, necessary studies were completed for the preparation of plans.
 Complete updates to the Local Coastal Plan, General Plan and Zoning Ordinance, emphasizing issues important to the community, such as managed growth, appropriate design, and neighborhood preservation
 To disperse background information and draft Elements to the City Council, GP/LCP binders were prepared, consisting of more than 1,600 pages per binder for each Council Member and Planning Commissioner.  A series of Joint Study Sessions with the City Council and Planning Commission have been held, beginning in 2022 and continuing into 2023, to disperse the GP/LCP binders and begin the review of and comment on each of the draft Elements.
 Engage the community and communicate the benefits of a visitor economy to quality of life for residents (e.g., tourism, hospitality)  Staff introduced the Stewardship Program to the community at the Clam Festival. A stewardship area was created that included California State Parks, Cal Poly Marine Conservation Lab, Cal Poly Center for Coastal and Marine Sciences, and the Conference and Visitors.
 Evaluate the locations and potential expansion of recreation programs to meet community needs (i.e., mobile home community centers)
 Staff expanded recreation programs by having three neighborhood gatherings. These three gatherings were held at Highland Park, Boosinger Park, and a local mobile home community center, Hacienda Del Pismo. The gatherings were a huge success.
 Continued to invest in existing public events to make them better and initiated additional classes and day camps for residents.  Created a new scholarship and investment program for supporting childcare programs.
 Implement community beautification strategies (e.g., James Way Beautification Plan), and establishing City policy about tree planting programs  The plans for the James Way Beautification Project are 60% complete and staff anticipates the project will go out to bid in the spring of 2023.  Established the Community Service Technician position and hired several CSTs to enforce quality of life infractions such as citations for smoking, dogs off leash, graffiti, litter, etc.
 Continued to install community art projects.
 Completed the St. Jude’s tunnel lighting and art project.  Hired a full-time Code Enforcement Officer to enforce Council-approved proactive enforcement priorities, as well as complaint-based violations.

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 City Council approval of updates to the Façade Improvement Program to attract successful applications for commercial façade improvements.  Established two new full-time staff positions for trash management and graffiti and weed removal in the right-of-way. Employees should be on board shortly.
 Evaluate the option of assessment districts to address major infrastructure improvements (e.g., Shell Beach drainage, undergrounding utilities)  Conducted a public workshop on the value of assessment districts and how to create them.
 Budgeted to establish an initial district assessment had a neighborhood wished to move forward.
 Deliver exceptional services to the public
 Staff has developed the My Maintenance Program. Under this program, the City is divided into 7 zones with each zone being assigned a My Maintenance Professional. This member of the Public Works staff drives their zone once a month and proactively removes graffiti and weeds and makes repairs to the public infrastructure as they are able. Tasks that require extra time or help are added to the maintenance list. An email address, [email protected], was established to allow community members to reach their My Maintenance Professional.

 Staff has developed the Pismo FAST permitting program and has been implementing strategies to make it easier for the public to interact with the City.

Other Administrative Accomplishments
In addition to making substantial progress on the City Council’s goals, staff has made noteworthy progress in other administrative areas including:
 Successfully negotiated labor agreements with the two bargaining groups and with unrepresented management and part-time employees.
 Conducted the 2022 Municipal Election for the City, including the election of a Mayor and two Council Members.
 Adjusted City Council and Mayor compensation consistent with state law and adjusted reimbursements at the direction of City Council.  Launched an automated microphone and camera system for the Council Chamber following the loss of the City’s longtime cablecasting contractor.  Recruited and onboarded 60 full-time and part-time employees to provide service to the community.
 Completed the digitalization of Personnel Files and medical records.  Fulfilled almost 200 Public Records Act requests.

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 Completed the Pismo Voice community survey with over 600 submissions from the public.
 Received the Government Finance Officers Association for the Excellence in Financial Reporting for the City’s FY 2021 Annual Comprehensive Financial Reports (ACFR), making it the 20th consecutive year the City has received this prestigious award.
 Achieved full compliance with Governmental Accounting Standards Board (GASB) 45 for Other Post-Employment Benefits (OPEB), to pre-fund retiree health costs for retirees and their beneficiaries, and GASB 87 to account for leases.  Received Council approval of the City’s Technology Master Plan for FY 2023 through FY 2028, which will include 43 technology initiatives, including smart cities strategies, cyber security measures, departmental applications and software, and IT infrastructure to support these initiatives.
 Developed an actionable Technology Incident Response plan and Disaster Recovery Plan.
 Implemented the City’s new simulcast radio system for the Police Department, including adding an encrypted radio channel to comply with the Federal Bureau of Investigation’s California Department of Justice Information Services Security Policy regarding the encryption of personally identifiable information, and a simulcast radio system to allow users to no longer must change channels for radio communication throughout the City.
 Took over full-time dispatching responsibility for the City of Grover Beach.

Dispatchers have received positive feedback from surveys related to calls for service within Grover Beach.
 Continued to pursue technological advancements which allows employees to work as efficiently as possible. During this past year the police department selected a new Computer Aided Dispatch/Records Management System (CAD/RMS). The City will be adding 10 License Plate Readers (LPR) throughout the city. Our parking division transitioned to E-Citations, decreasing the amount of time spent writing tickets.
 Implemented a new “Experience Pismo Beach” logo for tourism marketing effort.

This logo will be used for sponsorships and marketing for the Tourism and Events Department for the City.
 Successfully completed the second Pismo Beach ISA World Para Surfing Championship Hosted by AMP Surf. 181 athletes from 29 countries participated.

This event was held during the off season and ran over 11 days.  Successfully completed the SLO CAL WSL 1000 Pismo Beach Open Championship. This event was held in January 2022. This event will be upgraded to a WSL 3000 in 2023.
 Obtained $46,000 OTS grant for new vehicle extrication system.

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 Implemented Vegetation Management Projects for 1000 Hills, Cave/Bluffs and Chumash Park.
 Updated training and improved management of Junior Lifeguard and Lifeguard program.
 Processed the 2022 Fire Code through the local approval process.  Implemented a moratorium on new Short-Term Rentals in the City while evaluating potential modifications to the existing ordinance.
 Assembled the Short-Term Rental Advisory Task Force to assist in the development of potential modifications to the existing STR Ordinance.  Developed an Ordinance to address the state’s implementation of Senate Bill 9 inside and outside the Coastal Zone. The Ordinance has been approved by the City Council and is being evaluated by Coastal Commission staff.  Processed amendments to the St. Andrews Tract Planning Area of the General Plan/Local Coastal Program. The amendments were certified by the Coastal Commission.
 Processed the 2022 Building Standards Code through the local approval process.  Successfully recruited the Planning Division Administrative Secretary following retirement of previous personnel.
 Provided over $1,000,000 in funding for the Shell Beach Senior affordable housing project, currently under construction by People’s Self-Help Housing.  Participated in the Coastal Cities Group Leadership Committee.  Completed and submitted the 2021 General Plan Annual Report.  Worked with the County of San Luis Obispo to transfer approximately $600,000 in Permanent Local Housing Allocation funds to support low-income housing projects.
 Ongoing work to digitize property development records in the Community Development Department.
 The Ocean Boulevard Coastal Access Project is under construction and expected to be completed in June. This project is replacing beach access stairs, improving drainage, and making a complete pedestrian accessway from Vista del Mar to Wawona.
 Completed the Shell Beach Reservoir I replacement.
 Completed the City Hall safety improvement project and Corporation Yard Administration Building project.
 Developed and implemented a Management/Supervisor Academy to provide all senior employees with knowledge across all departments. This effort will lead to great service, lower risk/liability exposure, and improve the quality of employees that serve the community.

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Developed a south county major traffic collision team. The Pismo Beach Police Department will work in collaboration with the Arroyo Grande and Grover Beach Police Departments to investigate fatal traffic collision within our jurisdiction. Applied for and received a grant from the Office of Traffic Safety (OTS), to address DUI drivers. The grant is for $55,000 and can be used for DUI checkpoints, overtime related to DUI saturations, DUI training and equipment needed to conducted DUI arrests.
Purchased new all electric parking enforcement vehicle, that included the new License Plate Reader (LPR) technology.
This past year, Police Department employees participated in of 2,200 hours of training. Some of the highlights included Active Shooter Training, Internal Affairs, Emergency Medical Dispatching, Strategic Communications, Biased Based Policing, Background Investigations and Crisis Intervention Training just to name a few.
The Police Department continue to work on increasing its social media followers.

This past year, the Department realized a 76% increase in Facebook followers, 19% increase in Instagram followers, and 20% increase in Twitter followers.

FISCAL IMPACT:

There is no fiscal impact associated with receiving this report as information only.

ALTERNATIVES:

1. Request additional information from staff.

ATTACHMENTS:

None.

Submitted by: Meeting Date: January 17, 2023
Jorge Garcia, Assistant City Manager
City Manager Approval:

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B

SUBJECT/TITLE:

WATER SUPPLY UPDATE

RECOMMENDATION:

Receive an update on the City’s water supply.

BACKGROUND:

On November 16, 2021, staff provided an update to the City Council on the City’s water supply and committed to return to the Council at the second meeting every other month to provide an update on the City’s water supply.

The staff report for that meeting can be found in the Access Pismo online public records portal1 or by scanning the QR Code at right.

In response to the worsening drought, the City Council has taken actions to protect the City’s water supply and to encourage conservation. On June 1, 2021, the City Council declared a Moderately Restricted Water Supply Condition via Resolution R-2021-049, on January 18, 2022, the City Council declared a Severely Restricted Water Supply Condition via Resolution R-2022-004, and most recently, the City Council declared a Critical Water Supply Condition via Resolution R-2022-043 and adopted an urgency ordinance enacting a prohibition on the installation of natural turf.

Water Use Restrictions – No change since last report
Section 13.24.060 of the City’s Municipal Code, which defines a Critical Water Supply Condition, states “In addition to the conditions specified in Section 13.24.050, the city council may impose any water rationing requirement as it deems appropriate to protect public health, safety, welfare, comfort and convenience.” The water use restrictions in section 13.24.050 are:

A. Use of water which causes runoff onto adjacent properties, non-irrigated areas, private and public walkways, roadways, gutters, parking lots, or structures is prohibited.

B. Outdoor water use for washing vehicles, boats, paved surfaces, buildings, and other similar uses shall be attended and have hand-controlled water devices, which shut off the water immediately when not in use.

C. No water shall be used for cleaning driveways, patios, parking lots, sidewalks, streets, or other such uses except as found necessary by the city to protect the public health or safety.

D. Outdoor irrigation
1) Outdoor irrigation is prohibited between the hours of ten a.m. and four p.m. 2) Applying water to outdoor landscapes during and within 48 hours after measurable rainfall is prohibited.

1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=362819&dbid=0&repo=Laserfiche Council Agenda 1-17-2023 12.B-1
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3) Irrigation of private and public landscaping, turf areas and gardens is permitted at even-numbered addresses only on Mondays and Thursdays, and at odd-numbered addresses only on Tuesdays and Fridays. All customers are directed to use no more water than necessary to maintain landscaping.

E. Restaurants shall serve drinking water only in response to a specific request by a customer.

F. Using water in a fountain or other decorative water feature, except where the water is part of a recirculating system, is prohibited.

G. Use of potable water for compaction or dust control purposes in construction activities is prohibited.

H. Emptying and refilling swimming pools and commercial spas is prohibited except to prevent structural damage and/or to provide for the public health and safety.

In addition to the above water use restrictions the Council directed the following water use restrictions be imposed:
 Water leaks be repaired within 72 hours of notification by the City  Extending the prohibited hours for outdoor irrigation from 10 a.m. to 4 p.m. to 8 a.m. to 6 p.m.
 No new lawns to be allowed in the City

Other Agencies
Staff has reached out to other local agencies as well as agencies throughout California through the League of California Cities Public Works Department and have found that other municipalities have adopted the following water use restrictions:
 Mandatory water reduction based upon 2020 usage
o Amount of reduction ranges from 0% to 30% depending on amount of usage o Irrigation meters must reduce use 25%
o Fines for noncompliance with a one-time “water school” to have the fine dismissed
 Landscape irrigation limited to 10 minutes per station on an allowed watering day  Outdoor watering limited to one day per week
 All pools must be covered when not in use
 Mandatory 10% reduction based on 2020 usage

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Update on Water Supply
The City’s water supply portfolio is made up of three sources: State Water, Lopez Lake Water, and groundwater from the Santa Maria Groundwater Basin (SMGB).

Santa Maria Groundwater Basin
The SMGB is an adjudicated basin, and the City of Pismo Beach has the right to extract 700 acre-fee per year (AFY) from the basin.

The NCMA Technical Group has established a “Deep Well Index Threshold” level of 7.5 feet as a level that can induce seawater intrusion into the basin if the basin remains below that level for an extended period of time.

Previous Index Level
Data Collection Date: July 11, 2022
DWIL: 5.34 feet

2.16 feet lower than the Deep Well Index Threshold

Most Current Index Level
Data Collection Date: October 3, 2022
DWIL: 5.88 feet

1.62 feet lower than the Deep Well Index Threshold

The current DWIL is 0.54 feet higher than the previous level and 0.77 feet lower than one year ago (October 2021). Staff is looking forward to the next reading as the recent rains should have a significant impact on the health of the groundwater basin.

Lopez Lake
Lopez Lake is operating under the Low Reservoir Response Plan (LRRP), however this may change as a result of recent rains that have brought capacity over 20,000 AF. Until recent rains, because the level in Lopez Lake was below 15,000 acre-feet (AF) and was expected to drop below 10,000 AF, Zone 3 agencies had reduced their entitlements by 20%. The reservoir is now over 20,000 AF as a result of recent storms and if the reservoir continues to fill, the LRRP may be suspended. The full list of reductions in municipal diversions under the LRRP are shown in Table 1.

Table 1: LLRP Recommended Municipal Diversion Reduction Targets

Amount of Water In
Storage (AF)
Recommended Municipal
Diversion Reduction
Targets
Recommended
Municipal Diversion
(AFY) Targets for Pismo
20,000 0% 892.0
15,000 10% 802.8
10,000 20% 713.6
5,000 35% 579.8
1,700 100% 0

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As previously stated, Lopez Lake levels have increased significantly from recent rains.

Lake levels from November 2, 2021 to January 10, 2023 are shown in Table 2, below.

Table 2: Lake Lopez Levels November 2, 2021 – November 4, 2022 Measurement Date Lake Level (AF) % Change
November 2, 2021 14,763.0
January 12, 2022 14,942.8 1.2%
March 9, 2022 14,508.7 -2.9%
April 5, 2022 14,331.6 -1.2%
September 9, 2022 11,942.1 -16.7%
November 4, 2022 11,226.1 -6.0%
January 10, 2023 20,594.3 45.5%

The current lake level is 9,368.24 AF higher than it was on November 4, 2022.

State Water
There are two components of State Water: Table A allocations and Drought Buffer. “Table A” refers to the amount of water an agency contracts for, while Drought Buffer is an additional allocation that can be delivered when deliveries are set below 100%. The total water delivered (Table A plus Drought Buffer) cannot be more than an agency’s Table A allocation. Further, State Water can be stored, and the amount of storage calculated based upon the total available water (Table A plus Drought Buffer) and the delivery percentage.

The County of San Luis Obispo Flood Control and Water Conservation District (District/County) is one of 29 State Water Project (SWP) Contractors. The County’s total SWP allocation is 25,000 AFY. If that amount 4,830 AFY under contract as Table A allocations amongst the 10 SWP Subcontractors, and an additional 5,747 AFY is under contract as Drought Buffer. This leaves the District with 14,423 AFY of unsubscribed SWP allocations. The City currently has a contract with the District for 1,240 AFY Table A allocation and 1,240 AFY of Drought Buffer.

On December 1, 2022, the State Department of Water Resources (DWR) set initial 2023 State Water Project (SWP) allocations to 5% with SWP Human Health and Safety Needs (HH&S). Notice to State Water Project Contractors No. 22-04 states in part, “With the close of Water Year 2022 as critically dry, California has experienced its third consecutive dry year. Enter 2023 with the possibility of another dry year occurring, the Department of Water Resources (DWR) is initially allocating 5 percent of most State Water Project (SWP) contractors requested Table A amounts. DWR is also provisionally allocating additional SWP water to ensure that SWP contractors can meet their minimum water demands for domestic supply, fire protection, and sanitation during the year. The HH&S deliveries are not to exceed 55 gallons per capita per day and is only available to State Water Contractors that do not have SWP water in storage. The latest update from the District in December of 2022 showed that there was approximately 8,200 AF of District- Council Agenda 1-17-2023 12.B-4
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owned SWP water in storage and that the County would use this water to make its subcontractors “whole” as long as the District has the surplus water on hand.

Currently, the snowpack is 175% of normal for this time of year for the Northern Sierras, 201% of normal for the Central Sierras, and 222% of normal for the Southern Sierras.

The SWP reservoirs are filling up as well with Lake Oroville at 44% of its capacity.

Considering the recent precipitation and snowpack, staff believes that SWP deliveries will be significantly increased at some point this year, however with the County agreeing to make its subcontractors whole this year, the actual delivery only impacts the City by the amount of water that can be stored by the County for next year.

The City’s current water supplies without additional State Water from the County are shown in Table 3, below.

Table 3: Current Pismo Beach Water Supplies

Source
Full
Allocation
(AF)
Percent of
Allocation Allocation (AF)
SMGWB* 700 30% 210.0
State Water** 1,240 5% 62.0
Drought Buffer*** 1,240 5% 62.0
Stored State Water 0.0
Lopez Water# 892 80% 713.6
Lopez Surplus 300.8
Total 2,692 1348.4
*Santa Maria Groundwater Basin
**In previous reports the City’s Table A water was reported as 1,140 AF, however since the last update to the City Council the City reached a settlement with an outside agency for the return of 100 AF of State Water that was previously sold to the outside agency.
***Drought buffer is an additional allocation of water that can only be delivered when State Water Deliveries are less than 100%. The total amount of State Water delivered including drought buffer cannot exceed 1,240 AF in a given year.
#Lopez Lake is projected to drop below 10,000 AF in December of 2022. At that time allocations from the lake would drop to 80% retroactively, therefore for planning purposes an 80% allocation is assumed.

However, taking into account the State Water, the County has agreed to deliver to the City of Pismo Beach, the City’s total available water supply is 2,464.4 AF for 2023.

Precipitation
The City’s two local water supplies, Lopez Lake and the Santa Maria Groundwater Basin, are highly dependent on rainfall. Calendar year 2020 saw a significant short fall in precipitation, while 2021 saw only a small surplus of rain. So far, 2022 has proven to be drier than both of the previous years. 2023 has started with a significant amount of rain however, this report addresses the period ending 2022. Rainfall data for these years is shown in Table 4, below.

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Table 4: Average and Actual Rainfall from January 2020 to October 2022

Month
Average
Rainfall
(in) *
2020
Rainfall
(in)
Delta
(in)
2021
Rainfall
(in)
Delta
(in)
2022
Rainfall
(in)
Delta
(in)
Jan 3.59 0.61 -2.98 6.46 2.87 0.0 -3.59
Feb 3.87 0.0 -3.87 0.03 -3.84 0.08 -3.79
Mar 3.46 8.02 4.56 2.53 -0.93 1.08 -2.38
Apr 1.13 1.72 0.59 0.0 -1.13 0.49 -0.64
May 0.41 0.0 -0.41 0.1 -0.31 0.0 -0.41
Jun 0.07 0.0 -0.07 0.0 -.07 0.0 -0.07
Jul 0.03 0.0 -0.03 0.03 0.0 0.0 -0.03
Aug 0.02 0.0 -0.02 0.0 -0.02 0.0 -0.02
Sep 0.32 0.0 -0.32 0.0 -0.32 2.62 2.30
Oct 0.62 0.04 -0.58 1.95 1.33 0.0 -0.62
Nov 1.7 0.49 -1.21 0.46 -1.24 1.06 -0.64
Dec 2.57 1.21 -1.36 7.69 5.12 8.40 5.83
Total 17.79 12.09 -5.7 19.25 1.46 0.08 -4.58
*Average rainfall from http://longrangeweather.com/

Options for Drought Mitigation: Purchase Additional Drought Buffer via State Water

At the November 15, 2022, City Council meeting staff presented the City Council with two options to increase the City’s SWP drought buffer to make the City’s water supply more resilient to drought until Central Coast Blue comes online.

Option A was to increase the City’s drought buffer from 1,240 AFY to 4,960 AFY. This option would provide the City with a full delivery of State Water when deliveries are at 20% (248 AF of Table A deliveries plus 992 AF of drought buffer for a total delivery of 1,240 AF).

Option B was to increase the City’s drought buffer from 1,240 AFY to 3,192 AFY. This option would ensure the City has a total of 1,800 AFY when SWP deliveries are at 20%, assuming an 80% delivery from Lopez Lake and 200 AF from the Santa Maria Ground Water Basin.

The City Council directed staff to work with County staff to pursue Option B. Staff has had initial conversations with County staff on increasing the City’s drought buffer supply, however since the County has agreed to make its subcontractors whole by utilizing County stored State Water and the County’s unsubscribed allocations, staff has delayed moving this forward until later in the water year.

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Water Conservation Efforts
At the October 18, 2022, City Council Meeting, City Council directed staff to implement five additional water conservation incentive programs (Hot Water Recirculation Pump, Washing Machine, Rain Barrel, Smart Controller and Mulch) in addition to the two on- going programs (Cash for Grass and High Efficiency Toilet). Table 5 below lists all current incentive programs.

Table 5: Current Incentive Programs
Rebate Program Amount
Potential
Water
Savings
(Gal/Year)
Potential
Water Savings
(AFY)
$ amount
offered $/AF
Cash for Grass 500 SF 32,396 0.0994 $1,000 $10,058
High Efficiency
Toilet 1 Unit 9,725 0.0298 $100 $3,351
Hot Water
Recirculation
Pump
1 Unit 12,000 0.0368 $100 $2,715
Washing Machine 1 Unit 5,000 0.0153 $150 $9,775
Rain Barrel 2 Unit 1,300 0.0040 $100 $25,065
Smart Controller 1 Unit 6,000 0.0184 $100 $5,430
Mulch NA SF NA NA NA NA

While the City’s Cash for Grass and High Efficiency Toilet Rebate programs continue to be popular among the community, there have yet to be any applications submitted for any of the new incentive programs. Table 6 below details the total number of rebates issued per program thus far.

Table 6: Rebates Issued to Date
Rebate Program # of
Conversions
Rebate
Total
Current
Water
Saving
$/AF
Cash 4 Grass
(Paid Out) 25 $17,231.50 5.66 AF/year $3,044
Cash 4 Grass
(Under
Conversion)
10 $8,521.25 1.49 AF/year $5,719
Toilet (Paid Out) 15 $1,500.00 0.89 AF/year $1,685
Toilet (Under
Conversion) 0 $0 AF/year
TOTAL 50 $27,252.75 8.04 AF/year $3,390

Council Agenda 1-17-2023 12.B-7
Packet Page 138

In an effort to promote the City’s new incentive programs, staff has designed mailers that will be sent out with water conservation tips and information on the City’s water conservation rebate programs. Staff has also produced a series of videos to post on social media titled “No Water Wednesdays” and has been pushing these videos out once a week.

Conclusion and Recommendation
While some recent rain has been experienced, California is still in a drought and water conservation must be taken seriously by the community. Staff recommends that the City Council discuss the City’s water position and provide staff with direction if necessary.

FISCAL IMPACT:

There is no direct fiscal impact from this report.

ALTERNATIVES:

None.

ATTACHMENTS:

None
Submitted by: Meeting Date: January 17, 2023
Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

Council Agenda 1-17-2023 12.B-8
Packet Page 139