Pismo Beach City Council
March 7, 2023

AGENDA
Pismo Beach City Council
Tuesday, March 7, 2023
Time Meeting Type Physical Location Virtual Participation Option 4:30 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:

These meetings are being conducted in a hybrid format with both in-person and virtual public participation. Ways to watch these meetings 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 3-7-2023

Pismo Beach City Council Agenda March 7, 2023

Special Closed Session—4:30 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 Real Property Negotiators (Government Code §54956.8) Agency Negotiator: James R. Lewis
Under Negotiation: Price and Terms of Payment
Properties: Negotiating Parties:

APN: 010-521-012, 0 Terrace Ave., Pismo Beach Aileen Combs APN: 010-221-049, 2054 Ocean Blvd., Pismo Beach Herbert Hindler Trust APN: 010-231-023, 302 Vista Del Mar Ave., Pismo Beach Timothy H. Jones Trust

Item 3.B: Conference with Real Property Negotiators (Government Code §54956.8) Property: APN: 005-076-027, 350 Pismo Ave., Pismo Beach Agency Negotiator: James R. Lewis
Negotiating Parties: Joseph Wolosz
Under Negotiation: Price and Terms of Payment
Item 3.C: Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code §54956.9: One potential case

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, March 7, 2023 Council Chamber, City Hall

Council Agenda 3-7-2023

Pismo Beach City Council Agenda March 7, 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 3-7-2023

Pismo Beach City Council Agenda March 7, 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:

Adopt Minutes of the February 21, 2023 Closed, Regular, and Adjourned Special Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for February 12, 2023;

2. Approve the Register of Demands for January 27, 2023 and February 3, 2023.

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

Recommendation:

No action recommended; for information only.

Item 9.D: Annual Military Equipment Report Per California Assembly Bill 481 (Smith)

Recommendation:

Receive Staff’s Annual Military Equipment Report. No action recommended.

Item 9.E: Designation of Applicant’s Agent for Disaster Cost Recovery Assistance (Fine)

Recommendation:

Adopt a Resolution identifying the authorized agents for the City’s application(s) for state and federal disaster cost recovery assistance.

10. ITEMS PULLED FROM CONSENT CALENDAR

Council Agenda 3-7-2023

Pismo Beach City Council Agenda March 7, 2023

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

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

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

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

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

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

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

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

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

Item 11.A: Declaration of Non-Responsible Bidder: V. Lopez Jr. & Sons, Inc. (Fine)

Recommendation:

Adopt a Resolution declaring V. Lopez Jr. & Sons, Inc. a non-responsible bidder thereby disqualifying them from performing future work for the City of Pismo Beach for a period of five years.

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

Item 12.A: Capital Improvement Program Semi-Annual Report (Fine)

Recommendation:

No action recommended; for information only.

13. CITY COUNCIL COMMENTS AND REQUESTS - No action to be taken

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
Closed Session 3:30 p.m. Tuesday, March 21, 2023 Admin Conference Room, City Hall Regular Meeting 5:30 p.m. Tuesday, March 21, 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 March 7, 2023 meeting(s) of the Pismo Beach City Council was posted on March 2, 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 Council Agenda 3-7-2023

Pismo Beach City Council Agenda March 7, 2023

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 3-7-2023

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

ADOPTION OF MEETING MINUTES
RECOMMENDATION:

Adopt Minutes of the February 21, 2023 Closed, Regular, and Adjourned Special 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 February 21, 2023
Submitted by: Erica Inderlied, City Clerk Meeting Date: March 7, 2023 City Manager Approval:

Council Agenda 3-7-2023 9.A-1
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DRAFT MINUTES
Pismo Beach City Council
Tuesday, February 21, 2023

Special Closed Session—4:30 p.m.

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

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

CALL TO ORDER: Mayor Waage called the meeting to order at 4:30 p.m.

1. ROLL CALL:

Present: Absent:

Mayor Ed Waage Council Member Marcia Guthrie
Mayor Pro Tem Mary Ann Reiss
Council Member Stacy Inman
Council Member Scott Newton

Staff Present:

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

2. PUBLIC COMMENT PERIOD

Call for public comment: No comment.

3. ANNOUNCEMENT OF CLOSED SESSION ITEMS

City Attorney Fleishman announced the Closed Session items listed below.

Item 3.A: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: The City of Pismo Beach v. Tetra Tech, Inc.

San Luis Obispo Superior Court Case No. 22CV-0520

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

Council Agenda 3-7-2023 9.A-2
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Item 3.C: Conference with Real Property Negotiators (Government Code §54956.8) Property: APN: 005-078-017, 320 Main Street
Agency Negotiator: James R. Lewis, City Manager
Negotiating Parties: Justin Carey
Under Negotiation: Price and Terms of Payment

4. CLOSED SESSION REPORT

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

5. ADJOURNMENT
At 5:18 p.m., to the 5:30 p.m. Regular Meeting.

Council Agenda 3-7-2023 9.A-3
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Regular Meeting—5:30 p.m.

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

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

CALL TO ORDER: 5:30 p.m.

1. ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member 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

Council Member Inman led the Pledge of Allegiance.

3. ACCEPTANCE OF AGENDA

No requests to reorder the agenda.

4. PRESENTATIONS

Item 4.A: Presentation: SLOCOG 2023 Regional Transportation Plan (San Luis Obispo Council of Governments)

Presented by Stephen Hanamaikai, San Luis Obispo Council of Governments.

Council Agenda 3-7-2023 9.A-4
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5. PUBLIC COMMENT PERIOD

Call for public comment: No comment.

6. CITY MANAGER’S REPORT

City Manager Lewis commented on various topics.

7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT

City Attorney Fleishman reported that the Council had taken no reportable action during its 4:30 p.m. Closed Session.

8. COUNCIL COMMITTEE REPORTS

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

Council Member Newton:

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

Mayor Waage:

Central Coast Blue Regional Recycled Water Authority.

Central Coast Community Energy (3CE) Policy Board.

9. CONSENT CALENDAR

Call for public comment: No comment.

Action: Adopt Consent Calendar.

Motion: Reiss
Second: Inman

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

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

Absent: 0
Abstain: 0
Recused: 0

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

Recommendation:

Adopt Minutes of the February 7, 2023 Regular Meeting.

Council Agenda 3-7-2023 9.A-5
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Item 9.B: Payroll Register and Register of Demands (Feeser)

Recommendation:

1. Approve the Summary of Payroll Register for January 29, 2023;

2. Approve the Register of Demands for January 13, 2023 and January 20, 2023.

Item 9.C: Department Activity Reports for January 2023 (All)

Recommendation:

No action recommended; for information only.

Item 9.D: Fiscal Year 2023 Second Quarter Financial Status Report (Feeser)

Recommendation:

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

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

Recommendation:

No action required; information only.

Item 9.F: Termination of the COVID-19 Emergency Proclamation (Inderlied)

Recommendation:

Adopt a Resolution terminating the local emergency confirmed by City Council on March 17, 2020 and rescinding Resolution R-2020- 026.

Legislative Record: Resolution R-2023-013 adopted.

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

Recommendation:

Adopt a Resolution accepting a revised FY 2023 Appropriations Limit for the City of Pismo Beach; rescinding Resolution No. R-2022-044.

Legislative Record: Resolution R-2023-014 adopted.

Council Agenda 3-7-2023 9.A-6
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Item 9.H: AVEVA Select Agreement for Supervisory Control and Data Acquisition (Scada) Wonderware System Upgrade (Feeser)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into an agreement in the amount of $79,297.82 with E&M, Inc. dba AVEVA select, California to upgrade the City’s supervisory control and data acquisition (SCADA) Wonderware system, and appropriating related budget adjustments.

Legislative Record: Resolution R-2023-015 adopted.

10. ITEMS PULLED FROM CONSENT

None.

11. PUBLIC HEARINGS

None.

12. BUSINESS ITEMS

Item 12.A: Price Street Double-Loaded Diagonal Parking (Fine)

Recommendation: Provide direction to staff with respect to diagonal parking in the center of Price Street.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Jeff Smith, Chief of Police

Call for public comment:

Don Day commented.

Action: Consensus in support of providing the following direction to staff:

1. Temporarily restripe Price Street with the proposed “double-loaded” center diagonal parking configuration along all blocks that currently have center diagonal parking, for the duration of the summer, including loading zones and omitting bike lanes, curb parking, and parking meters from the test configuration.

Council Agenda 3-7-2023 9.A-7
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2. Conduct outreach to nearby businesses beginning in March regarding the test restriping, seeking feedback throughout and at the end of the demonstration.

3. Return to the City Council with findings following the test restriping, to seek Council direction on the final configuration.

4. Delay final repaving of Price Street until a later phase of the Fiscal Year 2022/23 Paving Project, to occur after summer and contingent upon the Council’s final direction regarding the parking configuration.

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

Absent: 0
Abstain: 0
Recused: 0

Item 12.B: Authorization to Bid the Ventana Tennis Courts Project (Fine)

Recommendation: Authorize staff to advertise for bids for the Ventana Tennis Courts Project.

Presenting staff:

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

Call for public comment: No comment.

Action: Authorize staff to advertise for bids for the Ventana Tennis Courts Project.

Motion: Inman
Second: Guthrie

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Item 12.C: Authorization to Bid the James Way Beautification Project (Fine)

Recommendation: Authorize staff to advertise for bids for the James Way Beautification Project.

Council Agenda 3-7-2023 9.A-8
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Presenting staff:

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

Call for public comment:

Phyllis Borba commented.

Action: Authorize staff to advertise for bids for the James Way Beautification Project, with the following revision:

1. Include a bid alternative for the elimination of raised tree wells on the inland side of James Way.

Motion: Guthrie
Second: Newton

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

13. CITY COUNCIL COMMENTS AND REQUESTS

Consensus to direct staff to return at the next available meeting with a Policy and Procedure for compliance with Assembly Bill 2449, relating to teleconference participation in legislative meetings.

14. ADJOURNMENT

At 7:09 p.m., to the Adjourned Special Meeting.

Council Agenda 3-7-2023 9.A-9
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Adjourned Special Meeting—Immediately Following Regular Meeting Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449

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

CALL TO ORDER: Mayor Waage called the meeting to order at 7:13 p.m.

1. 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

Staff Present:

David Fleishman, City Attorney
Erica Inderlied, City Clerk
James R. Lewis, City Manager

2. PUBLIC COMMENT PERIOD

Call for public comment: No comment.

3. AGENDA ITEMS

Item 3.A: 2023 Annual Advisory Body Appointments (Inderlied)

Recommendation:

Staff will conclude the tabulation of votes, and announce the results, of the appointments made for the Conference and Visitors Bureau Board and Parks, Recreation and Beautification Commission for the Term of March 1, 2023—February 28, 2025.

Presenting staff:

David Fleishman, City Attorney
Erica Inderlied, City Clerk
James R. Lewis, City Manager

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Action: Direct staff to add a third Resident Member seat to the Traffic Safety Committee, for a one-year term; Appoint Mike Cotta to the seat, contingent upon Cotta’s acceptance of the appointment.

Motion: Newton
Second: Guthrie

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Action: By ballot, the following advisory body appointments were tabulated and announced:
• Conference and Visitors Bureau Board
Jed Bickel, for a two-year term ending February 28, 2025.

James Davison, for a two-year term ending February 28, 2025.

Forest Key, for a two-year term ending February 28, 2025. • Parking Advisory Committee
Jack Krasner, for a two-year term ending February 28, 2025.

Rick Turton, for a two-year term ending February 28, 2025. • Planning Commission
Greg Alex, for a two-year term ending February 28, 2025.

Clare Malone Prichard, for a two-year term ending February 28, 2025.

Reed Van Rozeboom, for a two-year term ending February 28, 2025. • Parks, Recreation and Beautification Commission
Jessica Blackburn, for a two-year term ending February 28, 2025.

Michael Devine, for a two-year term ending February 28, 2025.

Sandra Gore Nielsen, for a two-year term ending February 28, 2025.

4. CITY COUNCIL COMMENTS AND REQUESTS

No requests.

5. ADJOURNMENT
At 7:44 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 3-7-2023 9.A-11
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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 February 12, 2023.

2. Approve the Register of Demands for January 27, 2023 and February 3, 2023.

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: March 7, 2023
Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

Council Agenda 3-7-2023 9.B-1
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FOR PERIOD ENDING 02/12/23
CHECKS DATED 02/17/23
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 556940 ‐ 556944 5
ACH 121

EARNINGS
REGULAR 354,831.11
HOLIDAY 5,153.46
OVERTIME (Includes Comp Time Payouts)10,866.11
Administration
Building
Conference & Visitors Bureau
Police Department 6,165.08
Parking
Engineering
Fire
Recreation 451.64
Public Works 513.94
Water 1,367.14
Wastewater 2,368.31
Motor Vehicles
Subtotal‐Overtime 10,866.11$
SALARY ADJUSTMENTS 185.76
TRAINING / UNIFORM ALLOWANCE 78.00
OTHER EARNINGS 15,039.14
$386,153.58
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 33,571.93
FICA & MEDICARE 28,900.70
STATE INCOME TAX 11,833.90
STATE DISABILITY INSURANCE 3,234.86
GARNISHMENTS 461.53
HEALTH 2,021.63
SUPPLEMENTAL DISABILITY 1,547.06
SECTION 125 2,825.32
PERS 33,105.00
DEFERRED COMPENSATION 10,813.07
ADDITIONAL LIFE INSURANCE 286.42
UNION DUES 2,494.92
PISMO ATHLETIC CLUB 160.00
OTHER
NET PAYROLL $254,897.24
DIRECT DEPOSIT DEDUCTION 251,566.24
NET PAYROLL AFTER ACH DEPOSIT 3,331.00
SUMMARY PAYROLL REGISTER
Council Agenda 3-7-2023 9.B-2
Attachment 1
Packet Page 13

City of Pismo Beach
Final Disbursement List Check Date 01/27/2023

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 10371 Visit SLO County 01/27/2023 142,806.56$ TMD Payments Nov 2022 ACH 11305 Public Employees Retirement System 01/27/2023 213,000.54 PERS Retirement EE & ER PD 12/23/2022, 1/6/2023, 1/20/2023 124833 11882 Alexander's Contract Services Inc 01/27/2023 5,189.47 Water Meter Reading Services Jan 2023 124834 14123 Amazon Business 01/27/2023 439.66 Office Supplies 124835 14503 ARTCOLAB LLC 01/27/2023 300.00 Clam Painting Visitors Center Jan 2023 124836 13460 AT&T Mobility 287284035974 01/27/2023 1,219.09 Phone Service - 12/1-12/31/22 124837 14363 AT&T Mobility 287314925891 01/27/2023 80.48 Parking Tablets- 12/1-12/31/22 124838 11501 Backyard Improvement Center 01/27/2023 83.49 Shell Beach Road Signs 124839 UB*00960 SHAMUS BETTENCOURT 01/27/2023 448.17 Refund Check 018936-000, 1557 COSTA BRAVA 124840 14119 Boone Printing & Graphics, Inc. 01/27/2023 134.61 Business Cards 124841 13603 Francine Bracamonte 01/27/2023 142.23 Year End Plaques 124842 10028 Brisco Mill & Lumber Yard 01/27/2023 221.79 Storm - Sandbags 124843 14037 Harmony Brown 01/27/2023 221.00 M&IE: CPCA Exec. Assistant Conference- 1/29-2/1/23 124844 11492 Bunyon Bros. Tree Care, Inc. 01/27/2023 950.00 Emergency Tree Removal 124845 14402 Carol A. Burner 01/27/2023 866.66 900 Bello Lease - Feb 2023 124846 13094 Cal-Coast Refrigeration Inc. 01/27/2023 220.00 Bello Vets Hall Refrigerator Repair & Labor 124847 14349 Callander Associates Landscape Architecture, Inc 01/27/2023 11,804.36 Chumash/Palisade Parks - Nov 2022 124848 12610 CalPortland Construction 01/27/2023 663,402.84 Paving Project - Dec 2022 124850 11451 Channel Islands Technology Integrators' Group 01/27/2023 52,336.07 Help Desk Dec 22 & Jan 23, SharePoint, Network Security 2023 Agreement, NetMotion Dec 22 124851 11231 Coastal Peaks Coffee 01/27/2023 26.00 Coffee 124852 10708 Coastline Equipment 01/27/2023 224.93 Equipment Maintenance 124853 11227 Cole Chrysler Dodge 01/27/2023 544.37 Vehicle Maintenance 124854 10894 Consolidated Electrical Dist. 01/27/2023 232.73 Electrical Work - 900 Bello 124855 UB*00964 MUDIT & NANDITA DABRAL 01/27/2023 180.00 Refund Check 018937-000, 1602 COSTA DEL SOL 124856 12628 Dell Marketing LP 01/27/2023 15,549.61 SonicWall Subscription, Council Laptop 124857 12224 Delta Dental Of California 01/27/2023 7,203.26 Dental Premiums - January 2023 124858 11815 Digital Dolphin Supplies 01/27/2023 385.01 Toner 124859 11469 Eikhof Design Group Inc 01/27/2023 800.00 Development Review Services - Dec 2022 124860 12541 Engel & Gray Inc 01/27/2023 8,574.75 Composting Biosolids Dec 2022 124861 13669 Frontal Security Services of California 01/27/2023 1,190.00 Security: PBVH Event 1/12, 1/13,1/14, 1/15/2023 124862 14246 Hunter Smith Architecture 01/27/2023 7,175.50 Chapman/Corp Yard/City Hall - Dec 2022 124863 13276 InfoSend, Inc. 01/27/2023 1,433.74 Data processing-printing-mailing City's utility bills Dec 2022 124864 12351 International Association Of Chiefs Of Police 01/27/2023 190.00 IACP 2023 Annual Dues 124865 13385 IPS Group, Inc. 01/27/2023 2,091.83 IPS Transaction Fees - Dec 2022 124866 10474 Joseph Wolosz 01/27/2023 6,500.00 Wolosz Parking Lot Lease - Feb 2023 124867 10175 Life-Assist, Inc. 01/27/2023 5.62 Medical Supplies - Fire 124868 14508 Ann Brizelda Macam 01/27/2023 500.00 Refund: Deposit SBVH Event 12/11/2022 124869 14401 Barbara L. Maraist 01/27/2023 866.67 900 Bello Lease - Feb 2023 124870 13645 MDN Engineering, LLP 01/27/2023 1,375.00 Bello Bridge Habitat Mitigation Monitoring - Dec 2022 124871 14427 Rubio Medina 01/27/2023 13,151.50 Architectural Design Services for PD Annex - Dec 2022 124872 UB*00965 CHRISTL MICHE 01/27/2023 285.40 Refund Check 011025-000, 240 CORAL COURT 124873 10097 Miners Hardware 01/27/2023 165.77 Maintenance Supplies 124874 10039 New Times 01/27/2023 501.00 Legal Notice Advertising 124875 UB*00959 PCR HOMES LLC 01/27/2023 84.84 Refund Check 018856-000, 1045 CANYON LANE 124876 14403 Betty J. Pratt 01/27/2023 866.67 900 Bello Lease - Feb 2023 124877 12516 San Luis Obispo Co. Health Agency 01/27/2023 8,956.00 Q1 FY 22-23 Animal Care & Control Services 124878 12108 Santa Maria Tire, Inc. 01/27/2023 998.85 Vehicle Maintenance 124879 14499 Jordyn Teraoka 01/27/2023 236.00 Refund: Cancellation MDP Event 7/1/23 124880 12321 The Gas Company 01/27/2023 5,876.28 Gas Service 12/15/22-1/20/23 124881 13442 Thorn Run Partners 01/27/2023 4,500.00 Federal Lobbying Services - Jan 2023 124882 12860 Townsend Public Affairs 01/27/2023 4,000.00 State Lobbying Services - Jan 2023 124883 12415 Transitions Mental Health Association 01/27/2023 500.00 Refund: Deposit PBVH Event 12/9/22 124884 12991 TransUnion Risk and Alternative 01/27/2023 300.00 Investigative Services- 12/1/22 - 12/31/22 124885 13905 Tripepi, Smith and Associates, Inc 01/27/2023 1,553.75 General Public Outreach and Education Dec 2022 124886 10135 U.S. Travel Association 01/27/2023 4,145.00 Registration: IPW 5/20-5/25/23 124887 10381 Walker Consultants 01/27/2023 1,000.00 Planning Svcs - Update Parking Management Plan Dec 2022 Total:1,196,037.10$
Council Agenda 3-7-2023 9.B-3
Attachment 2
Packet Page 14

City of Pismo Beach
Final Disbursement List Check Date 02/03/2023

US BANK
ACH/Vendor Check Check
Check#Number Payee Date Amount Description
ACH 10002 Internal Revenue Service 02/03/2023 94,478.19$ Federal Income Tax PD 02/03/23 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 02/03/2023 23,793.49 ICMA 457 Deferred Comp EE & ER PD 02/03/23 ACH 12305 Franchise Tax Board 02/03/2023 15,312.91 SDI & State Income Tax PD 02/03/23 ACH 12360 CalPERS 457 Plan 02/03/2023 291.67 PERS 457 Deferred Comp ER PD 02/03/23 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA 02/03/2023 360.00 ICMA Roth IRA PD 02/03/23 124888 10434 Abalone Coast Analytical Inc 02/03/2023 150.00 Water analysis 1/23 & 1/29/23 124889 12485 ASCAP 02/03/2023 420.00 Annual Music License 2023 124890 13603 Francine Bracamonte 02/03/2023 19.40 End of Year Perpetual Plaques 124891 11392 Brenntag Pacific Inc. 02/03/2023 5,965.92 Sodium Bisulfite 124892 12267 California Association for Property & Evidence 02/03/2023 300.00 Reg: CAPE 4/2-4/7/23 124893 10626 California Highway Adoption Co 02/03/2023 1,050.00 Highway 101 On/Off Ramp Trash Mitigation Jan 2023 124894 14414 California State Disbursement Unit 02/03/2023 461.53 Tax Withholding Order PD 02/03/23 124895 14510 California Travel and Tourism Commission 02/03/2023 1,500.00 Reg: Luxury Forum 2022 124896 12610 CalPortland Construction 02/03/2023 855.65 Distribution Maintenance & Truck Rental 124897 10085 Cannon Associates 02/03/2023 49,761.00 Paving Project CM - Dec 2022 124898 10269 Carquest Auto Parts 02/03/2023 318.14 Vehicle Maintenance 124899 13951 Central Coast Portables 02/03/2023 688.80 Portable Restrooms - Tennis Courts & Price House 124900 14146 Pamela Ann Coslick 02/03/2023 56.00 Instructor: Tae Kwon Do 1/4-1/25/23 #11061 124901 14202 Crisp Imaging 02/03/2023 185.09 Office Supplies 124902 12628 Dell Marketing LP 02/03/2023 5,668.77 Council Laptops 124903 12224 Delta Dental Of California 02/03/2023 7,276.79 Dental Premiums - February 2023 124904 14217 Deltina Coffee Roasters 02/03/2023 62.50 Coffee 124905 13869 Matt Downing 02/03/2023 17.21 Reimb: Mileage & Parking SLOCO Planning Directors 1/25/2023 124906 14502 Maria Evans 02/03/2023 21.00 Reimb: Pre-employment Livescan 124907 12123 Farm Supply 02/03/2023 123.94 Maintenance Supplies 124908 13575 Jorge Garcia 02/03/2023 555.04 M/IE & Mileage: League of Cal Cities 2/8-2/10/23 124909 12496 Gifts Galore 02/03/2023 1,650.00 Easter Event - plastic easter eggs 124910 10398 Liliana Graham 02/03/2023 328.00 Instructor: Ballroom Dance 12/5-12/26/22 #11007 124911 11977 Dan Hall 02/03/2023 302.40 Instructor: Yoga with Dan 1/9 - 1/30/23 #11083 124912 14043 Health & Human Resource Center, Inc. 02/03/2023 130.05 Employee Assistance Program - February 2023 124913 11706 Shirley Horacek 02/03/2023 1,296.00 Instructor: Beg/Int Watercolor 1/17-2/21/23 #11067 & Watercolor Challenges 1/11-2/15/23 #11065
124914 12032 Kimball Midwest 02/03/2023 645.18 Equipment Maintenance 124915 12019 James Lewis 02/03/2023 596.19 Reimb: Hotel New Mayor's and Council Academy 1/18-1/20/23 124916 12019 James Lewis 02/03/2023 481.00 M/IE & Airfare: League of Cal Cities & Meetings 2/6-2/10/23 124917 12090 Mier Bros. Landscape Products 02/03/2023 79.20 Parks Maintenance 124918 10097 Miners Hardware 02/03/2023 482.25 Maintenance Supplies 124919 14405 Mission Linen Supply 02/03/2023 1,136.55 Uniforms - Dec 2022 124920 13279 Pacific Central Coast Health Centers 02/03/2023 499.00 Pre-employment physicals 124921 13197 Pioneer Americas, LLC 10728 02/03/2023 8,663.50 Sodium Hypochlorite 124922 12022 Pismo Beach Police Officer's Association 02/03/2023 1,681.68 POA Dues PD 02/03/23 124923 12335 Procare Janitorial Supply Inc 02/03/2023 1,656.21 Janitorial Supplies 124924 14201 Procare Medical Supplies 02/03/2023 1,195.00 Gloves 124925 10817 PRP Co Dba PRP Companies 02/03/2023 335.16 Office Supplies 124926 14509 Barnet Reitner 02/03/2023 1,400.00 Cash for Grass - 216 Indio 124927 14504 Cason Roberts 02/03/2023 50.00 Reimb: Pre-employment Livescan 124928 14505 Rosy Rodriguez 02/03/2023 21.00 Reimb: Pre-employment Livescan 124929 14501 Sheila Rothstein 02/03/2023 77.35 Reimb: Mileage 10/11/22 - 1/11/23 124930 12516 San Luis Obispo Co. Health Agency 02/03/2023 8,956.00 Q2 FY 22-23 Animal Care & Control Services 124931 11208 SEIU Local 620 AFL/CIO 02/03/2023 907.71 SEIU Dues PD 02/03/23 124932 10913 Siteone Landscape Supply LLC 02/03/2023 51.31 Parks Maintenance 124933 14167 Speed's Oil Tool Service, Inc. 02/03/2023 448.00 Fill Sand - Storm Sandbags 124934 12031 Stanley Convergent Security Solutions 02/03/2023 298.92 Security & Fire Monitoring - Pier Restrooms - 2/1/23 - 4/30/23 124935 12476 Statewide Traffic Safety And Signs, Inc 02/03/2023 2,299.65 Pothole Repair Supplies 124936 10711 Robert Stock 02/03/2023 650.00 Father Daughter Dance DJ package 124937 11323 Streator Pipe & Supply 02/03/2023 19.85 Parks Maintenance 124938 13530 TCA Tools Inc 02/03/2023 436.66 Equipment Maintenance 124939 13097 The Standard 02/03/2023 1,557.40 Life & Additional Life Insurance Premiums - February 2023 124940 12461 TJA Advertising 02/03/2023 68,552.69 CVB Advertising and Promotion Dec 2022 124941 13617 Trophy Hunters 02/03/2023 212.52 Adopt a Bench Plaque - Baker 124942 12041 United Rentals Northwest, Inc 02/03/2023 716.54 Equipment Rental 124943 12622 USA Bluebook Acct: 82507 02/03/2023 750.64 Lab Supplies & Lift Station Maintenance 124944 13073 VSP- Vision Service Plan (CA) 02/03/2023 1,762.36 VSP Vision Coverage February 2023 124945 12614 Winema Industrial & Safety Supply 02/03/2023 700.00 WW Annual Fall Protection Inspections Total:320,719.01$
Council Agenda 3-7-2023 9.B-4
Attachment 2
Packet Page 15

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

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

No action recommended; for information only.

BACKGROUND:

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

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

FISCAL IMPACT:

No fiscal impact from the report itself—information only.

ALTERNATIVES:

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

ATTACHMENTS:

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

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

3. For City Pooled Funds B—Summary of monthly transactions by fund Prepared by: Vanessa Garris, Finance Manager Meeting Date: March 7, 2023 Submitted by: Nadia Feeser, Administrative Services Director / City Treasurer City Manager Approval:

9.C-1Council Agenda 3-7-2023
Packet Page 16

City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned
November 2022
Actual Year-to-
Date Interest
Earned Ending
11/30/2022 * Data Sources
General Fund
Reserves
US Bank CDs/GASs/Corp/
Muni Bonds

2.02% avg 7,572,606$ 13,708$ 60,370$ 1 City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note

2.07% avg 28,940,170 43,623 245,482 1 Total All Securities 36,512,776$ 57,331$ 305,851$ City Pooled Funds - B US Bank Custody 0.00% -$ 656$ 1,049$ 1 City Pooled Funds - B Local Agency Invest.

Fund
State Investment
Pool

1.35% 19,396,029 - 65,774 2 City Pooled Funds - B US Bank Checking 0.00% 23,404,065 88 392 3 City Pooled Funds - B 42,800,095$ 745$ 67,215$ City Pooled Funds total A + B 71,740,265$ 44,368$ 312,696$ Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 Pier Project 280,181$ -$ 0$ 4 Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 CREB's
Project
232,797 - - 4 CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit
Trust Account
Various managed
by CalPERS
3,999,974$ -$ (313,000)$ 5 TOTAL, Cash and Investments at November 30, 2022: 83,825,824$ 58,076$ 60,066$ TOTAL for City Managed Portfolio, Cash and Investments: 79,312,871$ 58,076$ 373,066$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund 3 = Monthly reconciled bank statement from US Bank
4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments

9.C-2Council Agenda 3-7-2023
Attachment 1
Packet Page 17

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

INVESTMENT ACTIVITY

PURCHASES OR DEPOSITS
11/04/22 Purchase Numerica Credit Union 245,000$
Total 245,000$

SALES, MATURITIES, CALLS OR WITHDRAWALS
11/10/22 Matured Jefferson Financial Federal Credit Union 245,000$ 11/22/22 Matured TIAA Federal Savings Bank 245,000
Total 490,000$
ACTIVITY TOTAL (245,000)$

INTEREST REVENUE

GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 13,708$

POOLED INVESTMENTS
Interest Earned on Investments 43,623$
TOTAL INTEREST EARNED 57,331$
Data Source: Monthly Download of Transactions from US Bank

9.C-3Council Agenda 3-7-2023
Attachment 2
Packet Page 18

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 11/30/2022 Bank Account Description Bank ID
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
General Checking US Bank 21,200,241$ 3,940,335$ (2,039,498)$ 547,988$ (245,000)$ 23,404,065$ LAIF LAIF 19,396,029 - - - - 19,396,029 Total all Bank Accounts 40,596,270$ 3,940,335$ (2,039,498)$ 547,988$ (245,000)$ 42,800,095$ Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
General Fund
General Fund 1001-10101 12,871,995 2,798,958 (1,214,802) - - 14,456,151 General Fund-Reserve 1001-10105 158,279 13,843 - - - 172,122 Half Cent Sales Tax Fund 1002 2,709,102 2,122 - - - 2,711,224 Special Revenue Funds
Gas Tax Fund 2001 153,984 33,674 - - - 187,658 LTF - Streets 2002 392,320 70,739 - - - 463,059 PEG Access Fund 2003 86,383 10,083 - - - 96,466 Police Grant Fund 2004 365,860 - - - - 365,860 Housing In Lieu Fund 2005 2,209,059 5,052 - - - 2,214,111 LBID Fund 2006 2,009,730 230,379 (99,795) - - 2,140,314 Chapman House 2007 25,256 40 (7,826) - - 17,470 Capital Projects Funds
Capital Projects Fund 3001 (757,934) 36,679 (27,943) - - (749,198) Public Facilities Fund 3002 871 - - - - 871 Park Development Fund 3003 338,518 (412) - - - 338,106 Circulation Fund 3101 628,532 - - - - 628,532 Development Impact Fee Fund 3102 494,802 30,896 - - - 525,698 Developer Impact Fee Fund 3103 165,829 - - - - 165,829 Underground Utility Fund 3201 16,394 - - - - 16,394

9.C-4Council Agenda 3-7-2023
Attachment 3
Packet Page 19

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 11/30/2022 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance
Debt Service Funds
Public Finance Authority Fund 4001 - - - - - - Public Finance Authority Fund 4002 - - - - - - Freeway Foothills AD Fund 4101 759 - - - - 759 Spyglass AD Fund 4102 12,628 - - - - 12,628 Indio-El Portal AD Fund 4112 733 - - - - 733 Visalia Street AD Fund 4113 100,281 - - - - 100,281 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 2,767,055 555,344 (109,371) - - 3,213,028 Water Tax - Gragg Fund 6102-10102 - - - - - - Water Construction Fund 6103 609,604 9 - - - 609,613 Water Expansion Fund 6104 1,233,090 3,754 - - - 1,236,844 Wastewater Enterprise Fund 6201 3,906,166 (106,672) (165,342) - - 3,634,152 Wastewater Construction Fund 6202 1,341,931 - (35,628) - - 1,306,303 Wastewater Expansion Fund 6203 2,030,917 9,121 - - - 2,040,038 LTF - Transit Fund 6301 28,621 (75) - - - 28,546 Pier Operations Fund 6401 30,962 6,310 (5,574) - - 31,699 Parking Fund 6501 2,423,690 141,101 (56,202) - - 2,508,589 Internal Service Funds
Technology Service Fund 7101 15,234 80,751 (79,183) - - 16,802 Motor Vehicle Fund 7201 3,173,696 92,183 (39,484) - - 3,226,395 Trust & Agency Funds
SLO County TMD 8201 208,886 178,027 (203,994) - - 182,919 Control Funds
Payroll Control Fund 9301 620,205 2,541 51,219 - - 673,964 Interest Control Fund 9302 84 88 - - - 172 Utility Billing Control Fund 9304 222,202 3,763 - - - 225,964 M/R Control Fund 9305 - - - - - - Total all cash funds 40,595,721 4,198,300 (1,993,926) - - 42,800,095

9.C-5Council Agenda 3-7-2023
Attachment 3
Packet Page 20

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 11/30/2022 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance

INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 0 - - - - 0 General Fund - CD's 1001-10404 4,347,407 (245,000) - - - 4,102,407 General Fund - Fed Agency 1001-10405 4,049,000 - - - - 4,049,000 GF - Half Cent Sales Tax CD's 1002-10404 1,225,000 - - - - 1,225,000 GF - Half Cent Sales Tax 1002-10405 500,000 - - - - 500,000 GF - Half Cent Sales Tax Mny M1002-10108 0 - - - - 0 GF Reserve Money Mkt Cash 1001-10109 0 - - - - 0 GF Reserve - CD's 1001-10403 2,851,593 - - - - 2,851,593 GF Reserve - Fed Agency 1001-10402 2,208,000 - - - - 2,208,000 GF Reserve - Building 1001-10406 202,000 - - - - 202,000 GF Reserve - Building - Federal 1001-10146 298,000 - - - - 298,000 GF Reserve - Risk Mgmt - CD's 1001-10407 150,000 - - - - 150,000 GF Reserve - Risk Mgmt - Fed A 1001-10140 50,000 - - - - 50,000 GF Corp Bond - Pooled 1001-10141 529,143 - - - - 529,143 GF Corp Bond - Reserve 1001-10145 500,000 - - - - 500,000 GF Municipal Bonds Pooled 1001-10142 331,595 - - - - 331,595 GF Municipal Bonds Reserve 1001-10143 1,263,013 - - - - 1,263,013 Risk Mgmt Muni Bonds Reserve 1001-10144 50,000 - - - - 50,000 Half Cent Sales Tax - Pooled 1002-10141 - - - - - - Half Cent Sales Tax - Muni Bond 1002-10142 571,288 - - - - 571,288 GF CREB's Fiscal Agent 1001-10515 (0) - - - - (0) GF Treasury Note 1001-10410 5,045,375 - - - - 5,045,375 Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 (0) - - - - (0) Housing In Lieu Fund 2005-10404 875,000 - - - - 875,000 Housing In-Lieu Fed Agencies 2005-10405 140,000 - - - - 140,000 Capital Projects Funds
Park Develop. Fund Mny Mkt 3003-10108 - - - - - - Park Development Fund 3003-10404 - - - - - - Park Develop Federal Agencies 3003-10405 - - - - - - Circulation Fees Mny Mkt 3101-10108 - - - - - - Circulation Fees 3101-10404 - - - - - - Develop. Impact Fee Mny Mkt 3102-10108 0 - - - - 0 Development Impact Fee Fund 3102-10404 245,000 - - - - 245,000 Impact Fees Federal Agencies 3102-10405 - - - - - -

9.C-6Council Agenda 3-7-2023
Attachment 3
Packet Page 21

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 11/30/2022 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In
Transfers-
Out
Ending
Balance

INVESTMENTS
Debt Service Funds
Public Fin Fiscal Agent-Pier 4002-10510 52 280,129 - - - 280,181 Public Fin Fiscal Agent-CREBs 4002-10515 6 232,792 - - - 232,797 Enterprise Funds
Water Fund Money Mrkt Csh 6101-10108 0 - - - - 0 Water Fund CD's 6101-10404 490,000 - - - - 490,000 Wtr Fund Federal Agencies 6101-10405 2,155,000 - - - - 2,155,000 Wtr Fund Corp Bond - Pooled 6101-10141 - - - - - - Water Construction Money Mkt 6103-10108 (0) - - - - (0) Water Construction 6103-10404 504,363 - - - - 504,363 Wastewater Fund Money Market 6201-10108 0 - - - - 0 Wastewater Fund CD's 6201-10404 490,000 - - - - 490,000 Wastewater Fund Fed Agencies 6201-10405 2,100,000 - - - - 2,100,000 WWtr Fund Corp Bond - Pooled 6201-10141 1,062,000 - - - - 1,062,000 Parking Enterprise Money Mrkt 6501-10108 (0) - - - - (0) Parking Fund Corp Bond-Pooled 6501-10141 500,000 - - - - 500,000 Parking Enterprise 6501-10404 980,000 - - - - 980,000 Parking Fund Federal Agencies 6501-10405 1,500,000 - - - - 1,500,000 Parking Fund Treasury Note 6501-10410 1,000,000 - - - - 1,000,000 Internal Service Funds
MVR Fund Money Mrkt Csh 7201-10108 0 - - - - 0 MVR Fund CD's 7201-10404 295,000 - - - - 295,000 MVR Fund Federal Agencies 7201-10405 250,000 - - - - 250,000 CalPers Benefit Trust
OPEB Trust Account 8101-10408 3,999,974 - - - - 3,999,974 Total all Investments 40,757,808$ 267,921$ -$ -$ -$ 41,025,729$ Total all Funds 81,353,529$ 4,466,221$ (1,993,926)$ -$ -$ 83,825,824$

9.C-7Council Agenda 3-7-2023
Attachment 3
Packet Page 22

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.D

SUBJECT/TITLE:

ANNUAL MILITARY EQUIPMENT REPORT PER CALIFORNIA ASSEMBLY BILL 481

RECOMMENDATION:

Receive Staff’s Annual Military Equipment Report. No action recommended.

BACKGROUND:

Assembly Bill 481 (AB 481), codified at Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to the LEA funding, acquiring, or using military equipment as defined by the bill.

On April 5, 2022, Council adopted Ordinance O-2022-003 (Military Equipment Use Policy Ordinance), codified as Pismo Beach Municipal Code Section 9.26, in accordance with the requirements of AB 481. The bill requires that staff return to the Council annually to provide a report on the City’s Military Equipment Policy and identify any necessary updates to the Policy (Attachment 1). The bill also requires staff to report any complaints or concerns regarding the use of the equipment, results of any internal audits on the use of the equipment, the annual costs for the equipment, the quantity possessed by the agency, and the intention to purchase additional equipment in the following year.

Staff reviewed department records and determined there were no complaints or concerns raised regarding the use of the equipment in 2022. Staff’s internal audit of the equipment use determined there were no violations of the City’s Military Equipment Policy. An internal audit (Attachment 2) was completed for Calendar Year 2022 documenting the use of the equipment, the annual costs for the equipment, and the quantity possessed.

Staff does not intend to purchase any additional equipment this year.

Conclusion and Recommendation
Staff does not recommend any changes be made to the Policy, and recommends Council accept this report.

FISCAL IMPACT:

There is no direct fiscal impact from accepting the Annual Military Report.

ALTERNATIVES:

1. Modify, and then accept, the Annual Military Equipment Report.

2. Provide staff with alternative direction.

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ATTACHMENTS:

1. Pismo Beach Police Department Military Equipment Policy 707

2. Pismo Beach Police Department Military Use, Quantity, and Cost Audit Prepared by: Meeting Date: March 7, 2023
Dan Herlihy, Commander
Submitted by: Jeff Smith, Chief of Police
City Manager Approval:

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E

SUBJECT/TITLE:

DESIGNATION OF APPLICANT’S AGENT FOR DISASTER COST RECOVERY

ASSISTANCE

RECOMMENDATION:

Adopt a Resolution identifying the authorized agents for the City’s application(s) for state and federal disaster cost recovery assistance.

BACKGROUND:

On February 8, 2023, staff attended an Applicants’ Briefing for the Presidentially Declared Federal Disaster FEMA-4683 (California Severe Winter Storms, Flooding, Landslides, and Mudslides), also known as the January 2023 storm events. This is the same event for which the City Council declared a state of emergency by adoption of Resolution R- 2023-001 on January 11, 2023, and for which updates are presented to the Council every 60 days.

The purpose of the February 8, 2023 briefing was to provide disaster cost recovery information and application procedures, documentation requirements, deadlines, and other pertinent information specific to the January 2023 storm event. The incident period is December 27, 2022 through January 31, 2023.

City staff has begun the formal application process by completing and submitting the Request for Public Assistance on February 16, 2023. Another key step in the process is for City Council to designate Authorized Agents for the City of Pismo Beach’s applications for cost recovery assistance. Authorized Agents are the City officials authorized by the City Council to execute applications and other documents as required with the Federal Emergency Management Agency (FEMA) and the Governor’s Office of Emergency Services (Cal OES), regarding public assistance. Once the Designation of Applicants Agent’s Resolution (Attachment 1.A) has been submitted, Cal OES will contact City staff to begin working in more detail on cost recovery.

Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) approving the Cal OES form Designation of Applicant’s Agent Resolution (Attachment 1.A) listing the following City officials as Authorized Agents:
 City Manager (James R. Lewis)
 Director of Public Works/City Engineer (Benjamin A. Fine).

FISCAL IMPACT:

There is no direct fiscal impact associated with adopting the attached Resolution.

9.E-1Council Agenda 3-7-2023
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ALTERNATIVES:

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

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Designation of Applicant’s Agent Resolution for Non-State Agencies
Prepared by: Meeting Date: March 7, 2023
Erin Olsen, Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

9.E-2Council Agenda 3-7-2023
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RESOLUTION NO. R-2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA IDENTIFYING THE AUTHORIZED AGENTS FOR THE CITY’S

APPLICATION(S) FOR STATE AND FEDERAL DISASTER COST RECOVERY

ASSISTANCE
WHEREAS, on January 11, 2023 the City Council adopted Resolution R-2023-001 declaring a state of emergency following severe storm events known as FEMA-4683; and WHEREAS, the City seeks to apply for state and federal disaster cost recovery assistance; and
WHEREAS, the California Governor’s Office of Emergency Services (Cal OES) requires the City’s governing body identify authorized agents for purposes of applying for such assistance.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves the Cal OES form “Designation of Applicant’s Agent Resolution for Non- State Agencies” (Exhibit A) identifying the following City Manager and Director of Public Works/City Engineer as authorized agents for purposes of applying for disaster cost recovery assistance.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

9.E-3Council Agenda 3-7-2023
Attachment 1
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City of Pismo Beach

9.E-4Council Agenda 3-7-2023
Attachment 1A
Packet Page 41

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9.E-5Council Agenda 3-7-2023
Attachment 1A
Packet Page 42

Cal OES Form 130 Instructions
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9.E-7Council Agenda 3-7-2023
Attachment 1A
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #11.A
SUBJECT/TITLE:

DECLARATION OF NON-RESPONSIBLE BIDDER: V. LOPEZ JR. & SONS, INC.

RECOMMENDATION:

Adopt a Resolution declaring V. Lopez Jr. & Sons, Inc. a non-responsible bidder thereby disqualifying them from performing future work for the City of Pismo Beach for a period of five years.

BACKGROUND:

The Five Cities Lift Station and Lift Station Maintenance Project consisted of replacing the Five Cities Lift Station, performing maintenance on six lift stations, and various other repairs to the wastewater collection system. A full project description can be found in the December 19, 2017 staff report for the award of the project and is included as Attachment 2. The basis of award was the total price of the base bid for both the Five Cities Lift Station and Lift Station Maintenance portions of the project, plus Bid Alternates 1 through 6 for the Lift Station Maintenance portion of the project. The Project was put out to bid on August 24, 2017, and bids were opened on November 2, 2017. The City received five bids ranging from $3,046,203 to $4,793,117. The apparent low bidder was V. Lopez Jr. & Sons (V. Lopez) in the amount of $3,046,203. The contract was awarded for the base bid for both portions of the project, and Bid Alternates 1, 3, 4, and 6 for the Lift Station Maintenance portion of the project in the amount of $2,901,486.

Construction for the project commenced on February 2, 2018 and based on the 300-day contract time had a completion date of April 15, 2019. The extended date of completion for the project, including additional days because of change orders and other unforeseen circumstances, was March 17, 2020. Substantial completion for the project was reached on June 22, 2020, 69 days after the contract end date, and in accordance with the executed construction agreement, the City withheld liquidated damages in the amount of $69,000 ($1,000 per day).

Facts Supporting Declaration of a Non-responsible Bidder Issues encountered with V. Lopez over the course of the project included the following:

Issue Number 1: V. Lopez consistently initiated work items without proper planning prior to beginning the work. The lack of planning meant V. Lopez often started work items without the necessary materials, equipment, or tools required to complete the work. This lack of planning often required City intervention to help complete the work or to protect public health and safety. Other times, the City lost use of facilities while waiting for materials to complete the work. These incidents also extended the schedule unnecessarily and meant V. Lopez could not complete the project on schedule, preventing the City from taking beneficial use of the facilities and resulted in increased costs to the City in project management and inspection fees which are

11.A-1Council Agenda 3-7-2023
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outlined in the fiscal impact section of this report. Some instances where V. Lopez demonstrated this lack of planning include:
 Spyglass Park Excavation. V. Lopez excavated a large hole at Spyglass Park adjacent to the lift station, without the parts required to complete the work. This prevented the City from using portions of the park for at least 14 weeks. This park rents out for $25 per hour and average rental income is approximately $300 per month. Work at this site was not completed for 6 months. o On September 25, 2018 V. Lopez opened an excavation at Spyglass Park measuring approximately 20 feet by 40 feet to perform planned piping modifications. V. Lopez did not have the fittings on hand that were required to perform the piping modifications, and later City staff learned that some of the required fittings had not even been ordered at the time excavation was begun. The fittings were not unusual, and V. Lopez knew ahead of time what fittings were required to perform the work. To protect public health and safety, the City directed V. Lopez to provide temporary fencing around the excavation. It was anticipated that this area of the park would be closed for a short period of time, however the area was closed off for approximately 14 weeks, affecting park rentals and site safety. On January 2, 2019, the excavation was temporarily backfilled since the fittings had not arrived in a reasonable time. The site was re-excavated in late March 2019 to complete the piping modifications, 6 months after the work was begun.

 Use of City Vactor Truck. V. Lopez initiated bypass pumping but did not have adequate back-up pumping to prevent a sanitary sewer system overflow. The City used City equipment and personnel to provide additional backup pumping to prevent a sewer overflow.
o On multiple occasions throughout the course of the project for both the Five Cities and Lift Station Maintenance portions of the project, the City wastewater division had to provide staff assistance and deploy the City’s vactor truck to assist V. Lopez to mitigate the threat of a potential spill, which resulted in staff overtime and prevented the wastewater operators from completing their normally assigned daily duties. Use of the vactor truck carries an hourly rate of $180, requires a minimum of two staff members with specific training to operate at an average hourly rate of $48, and is a piece of equipment included on regular rotational maintenance for all of the City’s lift stations. V. Lopez did not enact the approved backup plan to prevent a spill during construction operations.

V. Lopez was back-charged for one of these events, but not all of them.

Staff estimates deployment of the City vactor truck at least five times throughout the course of the project, with an estimated total cost of $1,500 to $2,000.

 Drilled a circular hole for a square grate and sump. During construction of the Five Cites Lift Station, V. Lopez drilled a circular hole in the bottom of the precast concrete valve vault to fit a square concrete sump and grate without

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prior consideration for how the installation would be completed or waterproofed.

Improper installation of the sump would lead to the valve vault being flooded with groundwater, increasing sewage pumping costs, and reducing pump station reliability and downstream sewer infrastructure capacity. The City was able to prepare a detail showing how to install and waterproof the sump considering that V. Lopez had already drilled a circular hole for the sump. o Plan details call for an 18-in square sump to be installed in the bottom of the concrete valve vault to direct incidental water (i.e. minor leaks in the roof, or from water used to clean the site) into the lift station for pumping back to the wastewater treatment plant. The sump is connected to the wet well through a 4-in diameter drain line. As is typical, the plans do not specify the means or methods to be used to create the sump or install the grate but do require the installed grate and sump to function properly. When such a detail is unclear to a contractor, the normal process is to submit a Request for Clarification (RFC) prior to initiating the work. Instead on March 19, 2019, V. Lopez drilled a hole in the bottom of the sump, then asked for a detail to allow for a functional waterproof installation. The City was able to prepare a design detail for installation of the square sump in the round hole, however this resulted in additional time and costs to the City. Proper planning would have identified the need for this sump and incorporated it into the precast vault or sought clarification for the intended installation prior to ordering materials or drilling a hole in the concrete vault.
 Lack of equipment and labor to properly perform bypass pumping. V. Lopez and its subcontractor did not have adequate equipment or labor to safely bypass the Sunset Palisades Lift Station. The flow-through plug system leaked multiple times, allowed sewage to build up in the lift station, and required City personnel to monitor the lift station and assist with bypass using City resources, again resulting in overtime and preventing wastewater operators from completing their normally-assigned daily duties. Without City intervention, the lift station could have overflowed. City efforts to assist V. Lopez at this lift station resulted in City wastewater operators not being able to perform their required daily tasks. The difficulty with the bypass system also extended the project schedule, resulting in additional costs to the City in project management and inspection fees.
o In late May 2019, V. Lopez initiated rehabilitation of the Sunset Palisades Lift Station by installing the bypass pumping system.

However, the bypass system experienced leaks in the fittings and in the plugs. City staff assisted V. Lopez with pumping the wet well down, monitoring the system, and providing guidance to get the bypass system functioning. The problems with the bypass system meant that it took several days longer to coat the wet well than planned and required the City to keep a presence on the site in order to respond to issues, again resulting in a lack of productivity for City wastewater operators. These events took place in late May 2019 and required up to two sewer staff

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onsite off and on for up to a half day over the several days. with an estimated total cost of $1,500 to $2,000

Issue Number 2: V. Lopez demonstrated a general lack of understanding of municipal sewage pump station practice and materials. The lack of understanding meant that V.

Lopez often interpreted the plans or specifications unconventionally. V. Lopez’s interpretations resulted in additional cost to the City as the City strove to keep the project moving. V. Lopez’s interpretations also extended the project duration significantly resulting in additional costs to the City in project management and inspection fees. Some instances where V. Lopez demonstrated this lack of understanding include:
 Misinterpretation of duplex pump station meaning. A cross section of one of the existing duplex lift stations (meaning a lift station with two pumps) which required replacement of valves, and other work, only showed one pump and one set of valves (which is typical of a cross section), and relied on the mandatory site visit, description of the lift station, and municipal pump station conventions to convey the count of the valves to be replaced. V. Lopez insisted that since only one pump and valve configuration was depicted, a contract change order was required to install two sets of valves. o V. Lopez interpreted the project plans for the improvements in the dry well at the Spyglass Lift Station to include replacement of only one set of the existing plug valves with the reasoning that “the picture” suggested that there was only one set of plug valves (one pump) in the drywell. The notes on the plans clearly show that there are two pumps in the drywell for a total of four plug valves to be replaced. It is rare for a municipal lift station to include only one pump, since there will not be a backup available in the event one pump fails. In an effort to keep the project moving forward, V. Lopez was compensated for the cost of replacing the other two additional plug valves through a contract change order. This occurred in September 2018.

 Poor pump control panel assumptions. The contract, consistent with public contracting protocol and general construction practice, includes a method for the Contractor to seek clarification on issues or perceived conflicts in the Contract Documents. The Contractor can submit Requests for Information or Requests for Clarifications (RFI or RFC) to ask questions about aspects of the design that are not clear. Instead of submitting an RFC for the pump station control panel, V. Lopez fabricated the control panel and installed it using faulty assumptions about pump control. The assumptions used by V. Lopez were not consistent with general lift station practice, or with the other work being performed as part of this contract.
o Section 33 32 19 2.4.E of the technical specifications for the Five Cities Lift Station project addresses general pump station controls operations.

Within 2.4.E, there are two paragraphs that appear to be in conflict regarding how the floats are to operate if the PLC (programmable logic controller) is down. The PLC is intended to operate the pumps based on

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input from the submersible level sensing transducer with backup operation from the mechanical float switches. Rather than submitting an RFI or RFC, V. Lopez, its subcontractors, and suppliers moved forward with fabrication and installation of the control panel based on a loose interpretation of one section of the specifications, without consideration of other paragraphs in the same section. Furthermore, the interpretation—that there would be no independent float back up—is an unconventional way of controlling the pumps for a critical asset like a sewage lift station. V. Lopez’s abnormal assumption and failure to submit an RFC meant the project experienced additional delays and inefficiencies, again resulting in additional project management and inspection costs to the City. The City executed a change order with V.

Lopez on April 20, 2020 for costs ($50,214.75) and 47 additional working days to modify the incorrect installation that V. Lopez had already completed, and complete the configuration in accordance with the project specifications and the wastewater division’s standard practices.

 Lack of Understanding of PG&E Standards. PG&E standards for new services have a series of details for residential or commercial services based on the size of the service (for instance, this project was directed to use a detail for a commercial service rated at 201–400 amps). The main breaker for this project is sized at 225 amps. V. Lopez ordered parts and materials to install a 225-amp residential service and attempted to negotiate acceptance of that service through correspondence with the PG&E representative. The City eventually issued V. Lopez a change order to install the correct panel. It took significant effort by the City to negotiate the correct requirements with V. Lopez and clarify the project needs with PG&E.
o V. Lopez interpreted the electrical portion of the project plans and specifications to call for a new 225-amp residential electrical panel to replace the existing 200-amp electrical panel at the Five Cities Lift Station, when the handout package issued directly from PG&E for the service relocation called for a 201–400 amp commercial service. In addition, the plans and specifications placed all responsibility of the electrical service relocation on the Contractor as well as communicating/confirming PG&E requirements for the service relocation. The City executed a change order on July 22, 2019 for costs ($2,283) and 20 additional working days to maintain progress on the project since the electrical work was on the critical path and V. Lopez was refusing to work. This extension resulted in additional project management and inspection fees to the City.

 Demonstrated unfamiliarity with pump elbow flange installation. V. Lopez failed to understand that the provided pump elbow flange was designed to mate different pipe materials and stated that mating the pump elbow flange to the stainless-steel riser pipe flange would lead to cracking and failure. The pump vendor and the engineer stated that it should be installed as designed. V. Lopez

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discussed not meeting warranty for that work, requiring the pump manufacturer to issue a statement (in addition to the statement in the O&M manual) that the installation was acceptable. When comparing this concern with prior decisions which resulted in delays and extra costs for the project, the Contractor’s lack of understanding of municipal pump stations became more apparent. o V. Lopez issued RFI #18 on March 12, 2019 for the Five Cities Lift Station project, noting that the pump discharge elbow was a raised face class 150 ANSI flange that would not mate to a class 125 ductile iron flange. The pump elbow flange is not a raised face class 150 ANSI pattern but is compatible with ductile iron flange patterns and faces as well as the provided stainless steel flange. The O&M manual and installation instructions from the pump manufacturer are clear on this fact. While V. Lopez is right to be concerned about flange mating, it continued to express doubt as to the suitability of the configuration, which is not consistent with the lack of pursuing additional information (RFI or RFC) on other aspects of the project as discussed above and below. This demonstrated V. Lopez’s limited knowledge of building pump stations with control panels as a pipeline contractor. If the engineer and pump manufacturer hadn’t been able to address this concern, V. Lopez may have installed a different type of flange on the elbow, which could have caused cracking, leaking or corrosion.

Issue Number 3: V. Lopez demonstrated a lack of understanding of public works process. This lack of understanding is reflected in the numerous instances where V.

Lopez did not issue proactive RFIs or RFCs (see Issues 1 and 2 for examples) and it also shows in V. Lopez’s approach to managing potential change orders and the project schedule. This lack of understanding has increased the projects schedule, added cost to the project, and has resulted in assessment of liquidated damages.

Some examples of this issue are shown below:
 Failure to request compensatory days when submitting change order requests.

V. Lopez consistently submitted change order requests without a request for additional days, and the City consistently returned the change order request with the inclusion of days based on discussions with V. Lopez. The City has been generous with V. Lopez when it comes to adding contract days when they are requested and reasonable. The City has sought to help V. Lopez succeed on this project. By not including an identified amount of working days in its request, V. Lopez has caused the City to have to spend additional time reviewing each change order request and discussing addition of days with V.

Lopez. The City could have allowed the days requested to remain at 0, which would have increased the liquidated damages that V. Lopez is exposed to. o On multiple occasions throughout the project, V. Lopez has provided change order proposals with a proposed cost increase but no request for additional working days. V. Lopez was informed multiple times by City staff that its change order proposal should include a proposed cost and additional working days to complete the additional work. During the beginning of the project, City staff, although not obligated to do so,

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totaled the labor hours included on the change order proposal and provided an equivalent amount of additional working days in an effort to maintain progress on the project. The change order form includes the following disclaimer:
“The amount and time provided in this contract change order are a full and final accord and satisfaction of all costs and time directly and indirectly related and all other claims related hereto are hereby waived. The Contractor has reviewed the plans and specifications related to this change order and all changes thereto are accounted for…”
 Submitted a claim for extra working days after finalizing change orders. V.

Lopez submitted a request for 120 working days in January 2020 citing that it did not receive adequate compensation for submitted change orders. V. Lopez submitted this claim despite the disclaimer on each change order stating that, "The amount and time provided in this contract change order are a full and final accord and satisfaction of all costs and time…” The tactic of going back and seeking additional compensation for fully executed change orders is also inconsistent with the Contract Documents and California Public Contracting Code. This claim required City effort to refute, and distracted the Contractor from pursuing strategies to accelerate the schedule.
o V. Lopez submitted a letter on January 7, 2020 seeking 120 working days based on needing additional days for each executed change order.

V. Lopez also made claims that limiting sections of the Contract Documents did not apply because its delay claim “declares void any arguably exculpatory contract clauses…” The City Attorney responded to this claim, although V. Lopez has insisted on this and since submitting this letter, V. Lopez has refused to sign working day statements or contract change orders with the stated contract days.

 Failed to accelerate work effort to recover the project schedule. V. Lopez made limited efforts to accelerate the project schedule even when notified that its scheduled completion date would expose it to liquidated damages. The Contract Documents include provisions for assessing liquidated damages of $1,000 per day. V. Lopez was asked to provide a recovery schedule at routine progress meetings. V. Lopez did not supply a recovery schedule until October 31, 2019 despite being noticed in June 2019 that its current schedule would result in the City assessing liquidated damages. The “recovery schedule” showed no acceleration of work effort and just updated the dates of the work.

V. Lopez was encouraged to add an additional crew, or work on multiple fronts, or otherwise accelerate the pace of work regularly. By not accelerating work or otherwise attempting to recover time lost from poor planning, lack of equipment, or insufficient materials, V. Lopez extended the project schedule costing the City additional money to manage the contract, project management and inspection fees, keep the old lift stations in operation using our own parts, equipment and personnel, and observe the work being performed.

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The project experienced significant delays and resulted in the City extending the Contract time 159 days past the 300-day contract time, to a total of 459 days. The extra days were awarded to V. Lopez for a variety of reasons including change order requests, weather delays, issues with SCADA integration, etc. V. Lopez provided 2-week look-ahead schedules at each progress meeting, but was inconsistent with updating the overall project schedule, and went several months between updates. V. Lopez also built the schedule linearly creating a single-track critical path. When it became apparent V. Lopez was not going to complete the project on-time, V. Lopez made no effort to perform multiple tasks or otherwise recover the project schedule. This resulted in the City assessing V.

Lopez 69 days of liquidated damages for a total of $69,000.

Conclusion and Recommendation
Given the number and severity of the issues outlined in this report staff recommends that the City Council adopt a Resolution (Attachment 1) declaring V. Lopez and Sons as a non-responsible bidder thereby disqualifying them from performing future work for the City of Pismo Beach for a period of five years.

FISCAL IMPACT:

There is no direct fiscal impact from this action, however this action will result in the City being able to disqualify V. Lopez from future projects. The total approximate financial loss to the City as a direct result of V. Lopez is $323,437.75 comprised of the following:

Construction Management Amendment #1 $69,900.00
Construction Management Amendment #2 $49,000.00
Construction Management Amendment #3 $69,645.00
Additional Engineering Services During Construction Amendment #7 $15,395.00 CCO #211 - 20 working days plus $2,283 additional costs $22,283.00 CCO #262 - 47 working days plus $50,214.75 additional costs $97,214.75 Total loss $323,437.75

The total loss outlined above does not include City staff time or equipment costs. The City is also withholding $69,000 in liquidated damages from the contractor’s retention. 1CCO #21 - $22,283 (20 working days @$1,000 per day ($20,000) and $2,283 additional cost): See discussion in the section labeled “Lack of Understanding of PG&E Standards” within the staff report. This change order was issued for the change to a 400-amp panel and the City was not ultimately obligated to issue this change order, but it was issued to maintain progress on the project and the electrical item was on the critical path. 2CCO #26 - $97,214.75 (47 working days @$1,000 per day ($47,000) and $50,214.75 additional cost): See discussion in the section labeled “Poor Pump Control Panel Assumptions” within the staff report. This change order was another that the City was not obligated to issue but did so, to maintain progress and the work was critical to getting the project completed.

ALTERNATIVES:

1. Do not declare V. Lopez and Sons as a non-responsible bidder.

11.A-8Council Agenda 3-7-2023
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ATTACHMENTS:

1. Resolution

2. December 19, 2017 staff report
Prepared by: Meeting Date: March 7, 2023
Chad Stoehr, P.E., Engineer
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

11.A-9Council Agenda 3-7-2023
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RESOLUTION NO. R-2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA DECLARING V. LOPEZ JR. & SONS, INC. A NON-RESPONSIBLE

BIDDER THEREBY DISQUALIFYING THEM FROM PERFORMING FUTURE WORK

FOR THE CITY OF PISMO BEACH FOR A PERIOD OF FIVE YEARS

WHEREAS, on December 19, 2017 V. Lopez Jr. & Sons (V. Lopez) was awarded a contract in the amount of $2,901,486 for the Five Cities Lift Station and Lift Station Maintenance Projects; and

WHEREAS, several significant issues were encountered with V. Lopez’s project understanding and public works competence over the course of the project; and

WHEREAS, the project experienced significant delays and resulted in the City extending the contract time 159 days past the 300-day contract time to a total of 459 days; and

WHEREAS, V. Lopez completed the work 69 days past the contract time, for which the City withheld 69 days of liquidated damages for a total of $69,000; and

WHEREAS, the total approximate financial loss to the City as a direct result of V. Lopez is $322,500.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby declares V. Lopez Jr. and Sons as a non-responsible bidder, thereby disqualifying them from performing future work for the City of Pismo Beach for a period of five years from the date of this action.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

11.A-10Council Agenda 3-7-2023
Attachment 1
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PISMO BEACH COUNCIL AGENDA REPORT
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8.G-1Council Agenda 12-19-2017
Attachment 2
December 19, 2017 Staff Report

11.A-11Council Agenda 3-7-2023
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8.G-2Council Agenda 12-19-2017
Attachment 2
December 19, 2017 Staff Report

11.A-12Council Agenda 3-7-2023
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8.G-3Council Agenda 12-19-2017
Attachment 2
December 19, 2017 Staff Report

11.A-13Council Agenda 3-7-2023
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8.G-4Council Agenda 12-19-2017
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December 19, 2017 Staff Report

11.A-14Council Agenda 3-7-2023
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8.G-5Council Agenda 12-19-2017
Attachment 2
December 19, 2017 Staff Report

11.A-15Council Agenda 3-7-2023
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8.G-6Council Agenda 12-19-2017
Attachment 1
Attachment 2
December 19, 2017 Staff Report

11.A-16Council Agenda 3-7-2023
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8.G-7Council Agenda 12-19-2017
Attachment 1
Attachment 2
December 19, 2017 Staff Report

11.A-17Council Agenda 3-7-2023
Packet Page 61

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8.G-8Council Agenda 12-19-2017
Attachment 2
Attachment 2
December 19, 2017 Staff Report

11.A-18Council Agenda 3-7-2023
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8.G-9Council Agenda 12-19-2017
Attachment 2
Attachment 2
December 19, 2017 Staff Report

11.A-19Council Agenda 3-7-2023
Packet Page 63

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8.G-10Council Agenda 12-19-2017
Attachment 3
Attachment 2
December 19, 2017 Staff Report

11.A-20Council Agenda 3-7-2023
Packet Page 64

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A

SUBJECT/TITLE:

CAPITAL IMPROVEMENT PROGRAM SEMI-ANNUAL REPORT
RECOMMENDATION:

No action recommended; for information only.

BACKGROUND:

The City's Engineering Division consists of five full-time staff members: the Director of Public Works/City Engineer, Senior Engineer, Engineer, Engineering Technician, and Management Analyst. The Engineering Division remains busy with capital improvement projects, development review, and administering the City's water conservation programs.

Every two years the City Council meets to establish goals to guide the City during the next budget cycle. This year the City Council met on February 3, 2023 to establish new goals, which will guide the department’s work plans and projects for the next budget cycle.

The Fiscal Year 2024 & Fiscal Year 2025 Council goals are:
a. Maintain a Focus on Public Safety
b. Water Supply, Conservation and Central Coast Blue
c. Community Character, Beautification and Quality of Life for Residents d. Traffic, Circulation, and Parking
e. Housing and Homelessness
Due to the duration of certain projects, some projects that staff is working on reflect direction from the City Council’s Fiscal Year 2022 & Fiscal Year 2023 goals which are very similar to the new goals. The FY 2022 & FY 2023 goals are:
a. Water Supply, Conservation and Central Coast Blue
b. Public Safety
c. Traffic, Circulation, and Parking
d. Community Character and Quality of Life for Residents Completed
Corporation Yard Facilities Building/City Hall Improvements Project This project included a remodel and addition to the Corporation Yard facilities building and a remodel to City Hall. The focus of the remodels was to enhance employee safety and customer service to the public. A contract was awarded to Quincon Inc., for the project on May 18, 2021. Construction at both locations is complete and staff is working with the City Building and Fire Department along with the Contractor to complete items required to closeout the Building Permits for the project.

12.A-1Council Agenda 3-7-2023
Packet Page 65

Under Construction
Council Goal – Traffic, Circulation, and Parking

2022-23 Paving Project
A contract was awarded to CalPortland Construction in April 2022. Construction commenced in May 2022 and is ongoing. The project is anticipated to be complete in July 2024.

Work in Progress
 Paving of Mattie Road
 Construction of new sidewalk and ADA curb ramps on Spyglass Drive underneath Highway 101 between Shell Beach Road and Mattie Road

Completed Work
 New section of sidewalk and ADA curb ramps at the intersection of Ventana Drive and James Way
 New concrete cross gutter at intersection of Solar Way and Bello Street  New ADA curb ramps on Mattie Road
 Repaving of the Bluff Trail at end of Indio Drive and resurfacing and striping of Bluff Trail parking lot
 New ADA curb ramps in neighborhoods above James Way:
o Christine Way
o Crest Drive
o Dugan Drive
o Effie Way
o Elaine Way
o Frances Way
o Houston Way
o Irish Way
o Limerick Lane
o Margo Way
o Norma Drive
o Oakwood Drive
o Panorama Drive
o Ridge Road
o Shamrock Lane
o Skyline Drive
o Summit Drive
o Vista Pacific Circle
o White Oak Boulevard

Upcoming Work*
 Construction of new concrete cross gutter at intersection of Capistrano Avenue and Ocean Boulevard and reconstruction of existing concrete cross gutters on Ocean Boulevard at Santa Fe Avenue and Placentia Avenue end of March 2023
 Start paving operations on Ocean Boulevard in April 2023

* Given availability of materials and crews, and weather pending

12.A-2Council Agenda 3-7-2023
Packet Page 66

Council Goal – Community Character, Beautification and Quality of Life for Residents

Ocean Boulevard Coastal Access Improvement Project
The Ocean Boulevard Coastal Access Improvement Project includes the following:
 Ocean Boulevard bluff stabilization (federally funded)  Ocean Boulevard Pedestrian Walkway between Vista del Mar and Capistrano Avenues (City-funded)
 Morro Stairs Replacement (City-funded)
 Morro Storm Drain Outfall Replacement (City-funded)

A contract was awarded to Granite Construction in the amount of $5,172,223 on December 21, 2021. Construction of the project is ongoing. The project is estimated to be complete at the end of June 2023.

Work in Progress
 Construction of concrete flatwork
 Fabrication of handrailing and guard railing

Completed Work
 Installation of new sidewalk, curb, and gutter along Ocean Boulevard from Vista del Mar Avenue to Capistrano Avenue
 Bluff stabilization along Ocean Boulevard within project limits  Construction of Morro Avenue storm drain outfall
 Construction of Morro Avenue stairs

Upcoming Work*
 Asphalt patch back on Ocean Boulevard in areas of new concrete curb and gutter in mid-March 2023
 Installation of hand railing, guard railing and chain and bollard in early May 2023
 Hydroseeding near end of March 2023

*Given availability of crews and materials, and weather pending

Other Projects

Wastewater Treatment Plant Improvements Project
The project includes:
 Rehabilitation of the existing:
o Belt Filter Press – Completed
o Dissolved Air Flotation Tank – Completed by staff
o Clarifiers – Going to bid in winter 2023
o Digester #2 – Completed
 Cleaning of the oxidation ditches – Will be performed by staff in spring of 2023

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 Demolition of Digester #1 – Going to bid in winter 2023  Construction of a new 60-foot by 60-foot steel building – Waiting for demolition of digester #1.
 Construction of a new dump station and retaining wall – Staff will complete as time allows.
 Repaving of the Corporation Yard parking lot after completion of construction of the various improvements – Waiting for completion of Corp Yard Admin Building.

Chapman Estate ADA Restroom Remodel & Addition
This project will create an ADA accessible restroom at the Chapman Estate. A contract was awarded to Jack Handley Construction on January 17, 2023. Staff is working with the contractor to schedule a preconstruction meeting. Construction is estimated to begin by the end of March 2023 and be completed in September 2023.

North Shell Beach Road Storm Drain Repair
The North Shell Beach Road Storm Drain Repair project will address the storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort that was sustained during the January 2017 winter storms. A contract was awarded to American Enviro Services, Inc. on January 17, 2023. Construction is set to begin April 17, 2023, with completion in late May 2023.

Design

Council Goal – Water Supply, Conservation and Central Coast Blue

Central Coast Blue

Financing
 The City was awarded a Round 1 Proposition 1 Groundwater Grant Program (GWGP) Planning Grant in the amount of $2,000,000. The grant agreement was executed in April 2019 and grant activities were completed in January 2022. These activities included construction of a test injection well, construction of a monitoring well, aerial geophysics investigations, completion of a leaching study, developing an updated groundwater monitoring plan, and completion of an anti-degradation analysis, all of which will assist in advancing the Central Coast Blue project.

 Following review of the City’s concept proposal, the State Water Resources Control Board (SWRCB) Division of Financial Assistance invited the City to submit a full proposal for Round 3 Proposition 1 GWGP Implementation Grant funding.

On July 15, 2022, the City submitted a full proposal which included a request for $35.7 million in grant funding for the project, the largest single grant opportunity for the project, representing almost 40% of implementation costs. The SWRCB anticipated completing its review of the Round 3 proposals by December 2022, however the SWRCB has still not contacted any applicants with respect to the status of grants. Notification is anticipated by March 2023.

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 The City applied for a Title XVI planning grant from the United States Bureau of Reclamation and was notified in February 2019 of an award of $796,094 to fund program management, permitting, and final design. The City then applied for a Title XVI implementation grant and was notified in August 2021 of an award of $1,700,000. Then on March 15, 2022, the City submitted another Title XVI implementation grant request and was notified in August 2022 of an additional award bringing total funding from the program to $14,124,000. The City anticipates applying in mid-2023 for the remainder of funding available to the project from this program. The project is eligible to receive up to 25% of total project costs, or approximately $9.1 million in additional funding for a total of approximately $23.2 million.

 The County of San Luis Obispo Flood Control District submitted an application for the Proposition 1 Integrated Regional Water Management (IRWM) Implementation Grant Program in January 2023 that includes multiple projects from agencies in the County. The City submitted a request to the County which was subsequently recommended by the Regional Water Management Group Working Group and the Water Resources Advisory Committee to receive $1 million of the $3.7 million that is available to the region for this final round of funding. The Board of Supervisors approved the authorization of the application in November of 2022. A final award is anticipated in June 2023 followed by an agreement between the State and the Flood Control District in Fall of 2023.

 The City submitted applications to the SWRCB for Clean Water State Revolving Fund (CWSRF) financing for construction of the project in December 2021. The project was not placed on the Fundable List for the FY 2023 CWSRF Intended Use Plan because the Joint Powers Authority (JPA) had not been created yet, and the project did not score high enough. After the JPA was established in fall 2022, an updated CWSRF application was submitted in December 2022. The CWSRF application will also make the project eligible for up to $15 million in grant funding from the SWRCB through the Water Recycling Funding Program (WRFP). The Fundable List for the FY 2024 CWSRF Intended Use Plan is expected to be published in June 2023.

 The City and its partners, Arroyo Grande and Grover Beach, submitted a Letter of Interest to the United States Environmental Protection Agency for low-interest financing through the Water Infrastructure Finance and Innovation Act (WIFIA) Program in December 2022. In February 2023, the City received a formal invitation to apply for $36.1 million in low-interest financing through the Program.

Technical
 The City kicked off the Program Management, Permitting, and Final Design stage of the project in March 2022. Final design and permitting efforts are currently underway to advance the project to the point where it is ready for construction.

Design is currently scheduled to be completed in fall/winter 2023 and construction is scheduled to begin in early 2024.

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 An architectural visioning workshop was held in May 2022 which informed the development of architectural renderings and the architectural design for the Advanced Water Purification Facility.

 The 60% design deliverable and technical specifications for the Advanced Water Purification Facility were completed in December 2022.

Governance
 A cost-sharing agreement was developed and approved by the Arroyo Grande City Council on January 25, 2022, by the Grover Beach City Council on February 15, 2022 and by the Pismo Beach City Council on March 1, 2022.

 A Management Team made up of staff from the three cities was formed in early 2022 and meets monthly to evaluate pre-construction and construction costs, provide input into formation and operations of the JPA, and present reports at the joint City Council meetings.

 An inaugural joint meeting of the three City Councils was held on September 14, 2022. Joint meetings of the three City Councils will occur at least once annually until the Project is constructed to provide a venue for discussion and transparency for the public on the project’s progress, to receive project updates, and discuss policy issues as needed (e.g., unexpected timeline extensions, approvals of expenditures beyond the Project budget, etc.).

 A Joint Exercise of Powers Agreement to establish the Central Coast Blue Joint Powers Authority (Authority) was developed and approved by the Grover Beach City Council on September 26, 2022, by the Arroyo Grande City Council on September 27, 2022, and by the Pismo Beach City Council on October 4, 2022.

The JPA Agreement contains provisions relating to:

o The powers of the Authority (e.g., to make contracts, employ staff and consultants, acquire and dispose of property, issue bonds and incur debts and liabilities, apply for grants, etc.).
o The governance of the Authority. The Board of Directors will meet at least quarterly, and will consist of one representative of each city, as well as one alternate. Except for reimbursement for actual costs and expenses, the Board will serve without compensation from the Authority. o An annual budget process. In March of each year, the Board will adopt a preliminary budget and an allocation of contributions from the Member Agencies for presentation to each of the Member Agencies’ governing bodies. The governing body of each Member Agency will then review and comment on the preliminary budget and allocation of contributions. The Board will adopt a final budget prior to July 1of each year and adopt an allocation of contributions from the Member Agencies to be consistent with the percentages agreed to for pre-construction and construction costs for

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Phase 1 of the project (i.e., Pismo Beach 39%, Arroyo Grande 25%, and Grover Beach 36%). Each annual budget will be adopted by an affirmative unanimous vote of the Directors, except the first annual budget may be adopted by a majority vote.
o Construction financing, operations and maintenance costs, capital improvement costs, and debt service. In connection with the issuance of debt, each party will enter into a financing agreement with the Authority securing the obligation of such party to make payments on its share of debt service. The financing agreements will stipulate that payment to the Authority is a special limited obligation payable solely from system net revenues of each party’s Enterprise Fund.
o Termination, indemnification, and withdrawal of Member Agencies and the effect of withdrawal, including continuing liability; the Agreement makes it clear that the debts, liabilities, and obligations of the Authority are not the debts, liabilities and obligations of any of the Member Agencies.

 The Authority Board has met and elected Mayor Ed Waage as its first Chair. The Board has also appointed its first General Manager, Geoff English. The JPA is now functioning independently.

New Groundwater Production Well
This project will construct a new municipal drinking water well within an easement on the Central Coast Blue Advanced Water Purification Facility property located in Grover Beach. This new well will replace the aging Well 23. A contract for engineering design services was awarded to Water Systems Consulting, Inc. on February 7, 2023 and staff is scheduling a project kick off meeting in early March.

Charles Street and Bello Street Reservoirs Improvement Project This project will completely replace the Charles Street Reservoir and construct a new roof over the Bello Street Reservoir. The Charles Street Reservoir, like the Shell Beach I Reservoir which was recently replaced, has reached the end of its useful life and no longer complies with seismic safety requirements. The Bello Street Reservoir has a floating roof that was installed over 15 years ago and it too has reached the end of its useful life. Staff if finalizing the RFP for this project and anticipates that proposals will be due in April and construction for this project will begin in September of this year.

FY 2022 & FY 2023 Council Goal – Public Safety
FY 2024 & FY 2025 Council Goal – Maintain a Focus on Public Safety

Public Safety Facility
Staff and the consultant team are continuing to develop the parameters of the design- build documents for project delivery and reviewing cost impacts and alternate building and site configuration layouts. The City has received requests for qualifications from the future design-build teams to pre-qualify their services to design and construct a new police station and renovations and additions to the existing police and fire station facility, and related site work at 1000 Bello Street. Staff released the RFP on December 1, 2022,

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and responses are due on March 2, 2023. Staff will perform a ranking of the proposal and will provide those to the City Council during the presentations by the Design-Build teams.

Police/Parking Annex Building
The Pismo Beach Police Annex Building project located at 585 Dolliver Street consists of tenant improvements to make the building functional as a downtown location for both the Police Department and Parking Division. The Architect is preparing construction plans for building permit submittal prior to bidding for contractors to perform the work.

330 Main Street
The 330 Main Street project consists of tenant improvements to make the building functional for a portion of the Police Department during the construction of Public Safety Facility. Staff is continuing to work on these improvements.

Council Goal - Community Character, Beautification and Quality of Life for Residents

James Way Beautification Project
On February 15, 2022, the City Council directed staff to move forward with the James Way Beautification streetscape project that will significantly enhance the corridor by installing approved landscaping, irrigation, drainage, ADA compliant curb ramps, removing and replacing street poles and signs, repairing raised planters, removing and replacing select sidewalk panels, and striping. On May 17, 2022, a contract was awarded to BEK Collective to prepare plans and specifications for the project. On February 21, 2023, City Council authorized advertising for construction bids for the James Way Beautification project. The current timeline for the project anticipates construction to begin in May of 2023.

Ventana Sports Courts Project
On May 17, 2022 a contract was awarded to Callander Associates Landscape Architecture Inc. to prepare plans and specifications for the new tennis and pickleball courts on Ventana Drive. These sports courts will consist of two pickleball courts, one tennis court, and a parking lot. On February 21, 2023, City Council authorized advertising for construction bids for the Ventana Courts Project. The current timeline for the project anticipates construction to begin in May 2023.

Chumash Park and Palisades Park
Initial budgeting cost estimates for both park improvements were $450,000. Current estimates for park improvements are $1.3 million. The increased costs are a result of moving the playground further up the hill and cost increases for material procurement, installation services, softfall installation and the amount of accessibility improvements that must be constructed in both parks. The current estimated playground equipment vendor’s manufacture lead-time from the date of authorized purchase is four to six months. Plans have been submitted to the building department for permit issuance and plans and specifications are concurrently being prepared for public contractor bidding.

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Spyglass Dog Park
This project will add a dog park to Spyglass Park. Because this park is located in the Coastal Zone, a Costal Development Permit is required. Staff is preparing the necessary applications to have the Planning Commission consider the permit at its second meeting in March 2023.

Price Historical Park Event Green
This project will create an event green area per the Master Plan. The consultant has submitted preliminary landscape improvement plans for a grassy event area between the Price House and the Meherin House. City staff has reviewed and returned comments to Friends of Price House.

Pier Avenue Stairs Closure
The consultant has begun the evaluation of the stairs. Repairs, alternative options, and cost estimates were being developed as part of the assessment and were presented to the City Council on November 15, 2022. The Storms of January 2023 caused further damage to the stairs and surrounding bluff and staff is working with CalOES and FEMA for possible funding for the repair/replacement of the stairs and coastal bluffs.

Hinds/Oceanview Pedestrian Path
This project will construct a sidewalk between Price Canyon Road/Hinds Street to Ocean View Avenue adjacent to Highway 101. Staff is waiting for the public improvements for Parcel Map PB21-0032 (478 Hinds), which will build the first section of this path, to be completed prior to moving this project forward.

Council Goal – Traffic, Circulation, and Parking

Bello and Price Canyon Signal
This project is for the design and installation of a traffic signal at the intersection of Price Canyon Road and Hinds Ave. A contract was awarded to Consor North America Inc. (formerly Quincy Engineering) for the design of the signal. The consultant is finalizing draft intersection design alternative analysis report. Council has given direction to pursue this project only if regional funding is obtained.

Shell Beach Road Parking Lot
This project includes adding a parking lot on Shell Beach Road to the north of the Shell Beach Road tennis courts and pickleball courts. Staff is seeking proposals from consultants to prepare conceptual level studies and plans for City review and input.

Addie Street Restroom Replacement
This project includes removing the existing bathrooms in the Addie Street parking lot and replacing them with a larger bathroom that includes a dedicated space for lifeguards to change, as well as replacing the existing sand shower. In addition, this project will add a second entrance to the Addie Street parking lot and install a drive approach to the beach for emergency and City vehicles.

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Other Projects

Cliff Avenue/Ocean Boulevard Strom Drain Repair
This project will repair the storm drain infrastructure at the end of Cliff Avenue near the intersection with Ocean Boulevard that was damaged during the 2017 storms. This project is federally funded through FHWA and Caltrans Local Assistance (LA) and has recently received National Environmental Policy Act (NEPA) clearance and can now enter the right-of-way phase before finalizing plans, specifications and engineer’s estimate for construction bidding and authorization to bid from Caltrans LA.

Chapman Estate Window Replacement
Staff received a cost proposal from Pella Windows of $100,000 for the supply of all 48 windows in the house. This is for the supply of the windows only. City staff, with assistance from an architect, are currently pursuing additional cost proposals and possible donations from other window manufacturers and local window installers, while simultaneously finalizing plans and specifications for the replacement of the windows.

Toucan Terrace Sewer Trestle Rehabilitation
This project will complete a recoating of the Toucan Terrace sewer trestle support bridge.

The consultant has prepared plans and specs and the project is currently being advertised for construction bids. Bids are due on April 6, 2023.

Bello Bridge Trail Continuation
This project will extend the existing trail under the new Bello Street Bridge and connect it to the Juan Bautista de Anza Trail. Construction is anticipated to take place in Summer 2023. Staff is currently working to revise environmental permits to be able to construct the path adjacent to Pismo Creek.

Project Timing
Many projects are worked on simultaneously by the same staff member, or project manager. The project manager will shift their focus from project to project based on the project needs, timeline, and phase of work. For example, the 2022/23 Paving Project is one of the current top priorities, however since the project has been on hold recently due to weather delays that project manager has shifted their focus to other projects during the delay. The list below shows each of the projects that staff is working on in the order of priority. The priority of projects in design or planning phases can easily be adjusted, however projects that are under construction need to be kept on track.

Projects Under Construction

1. Ocean Boulevard Coastal Access Improvement Project

2. 2022/23 Paving Project

3. Chapman Estate ADA Restroom Remodel and Addition

4. Bello Bridge Trail Continuation

5. North Shell Beach Road Strom Drain Repair Project

6. Wastewater Treatment Plant Improvements Project

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Projects in Design

1. Central Coast Blue
a. New Groundwater Production Well

2. Public Safety Facility
a. Police/Parking Annex Building
b. 330 Main Street

3. James Way Beautification Project

4. Ventana Sports Courts Project

5. Charles Street and Bello Street Reservoirs Improvement Project

6. Shell Beach Parking Lot

7. Chumash Park and Palisades Park

8. Addie Street Restroom Replacement

9. Toucan Terrace Sewer Trestle Rehabilitation Project

10. Pier Avenue Stairs Closure

11. Bello and Price Canyon Signalization Project

12. Cliff Avenue/Ocean Boulevard Storm Drain Repair Project

13. Spyglass Dog Park

14. Hinds/Oceanview Pedestrian Path

15. Price Historical Park Event Green

16. Chapman Estate Improvements
Projects in Planning

1. South Palisades Workout Stations

2. Park Signs Replacement Project

3.Shell Beach Manhole Project
FISCAL IMPACT:

There is no direct fiscal impact associated with this report.

ALTERNATIVES:

1. Provide additional direction to staff.

ATTACHMENTS:

None
Prepared by: Meeting Date: March 7, 2023
Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

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