Agenda packet — Pismo Beach City Council, April 16, 2024

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AGENDA
Pismo Beach City Council
Tuesday, April 16, 2024
Time Meeting Type Physical Location Virtual Viewing Option 5:00 p.m. Closed Session City Hall None
5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual viewing is offered via Zoom.
2 Broadcast meeting also available for viewing 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 options. 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 Council Chamber at the start of Closed Session; the Mayor will call for public comment prior to commencing the closed proceedings.

Watch 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.

Listen via telephone:
• Regular Meeting only: Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted.

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 prior to, or during, the meeting:
• 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:
• In the event a Council Member participates in this meeting by teleconference under the provisions of Government Code Section 54953(f), public comment will be accepted via Zoom, including by telephone audio, as required by law. However, the timing of a request by a Council Member to participate remotely may not allow sufficient time to post an agenda containing information on how the public may participate via Zoom or telephone. In such instances, the City Clerk or another staff member will orally provide such information at the meeting.
• 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 attendees may be visible to other meeting attendees, 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.

Pismo Beach City Council Agenda April 16, 2024

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Special Closed Session—5:00 p.m.

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. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) – Council Chamber Item 2.A: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: V. Lopez Jr. & Sons General Engineering Contractors, Inc. vs.

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

3. PUBLIC COMMENT PERIOD – Council Chamber
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.

4. CLOSED SESSION – Closed Meeting Room
The City Council will convene in Closed Session to discuss the items listed under Item 2 above. In accordance with the Brown Act, public access is not permitted for this portion of the meeting.

5. CLOSED SESSION REPORT – Council Chamber

If a regular meeting immediately follows this Closed Session, the Closed Session Report will be made during the regular meeting.

6. ADJOURNMENT

Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, April 16, 2024 Council Chamber, City Hall

Pismo Beach City Council Agenda April 16, 2024

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Regular Meeting—5:30 p.m.

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

CALL TO ORDER: Mayor Waage

1. ROLL CALL:

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

2. PLEDGE OF ALLEGIANCE

3. ACCEPTANCE OF AGENDA

4. PRESENTATIONS

Item 4.A: Presentation: Visit from Happy Time Preschool Students (Happy Time Preschool)

Item 4.B: Presentation: Introduction of New Employees & CDD Update • Michael Stoker, Building Official (Graham)

Item 4.C: Proclamation: Sexual Assault Awareness Month (Lumina Alliance)

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

Pismo Beach City Council Agenda April 16, 2024

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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)

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

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

Recommendation:

1. Adopt Minutes of the February 16, 2024 Special Workshop;

2. Adopt Minutes of the April 2, 2024 Regular Joint Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for March 24, 2024;

2. Approve the Register of Demands for March 29, 2024.

Item 9.C: Paid Parking Quarterly Update—Third Quarter of Fiscal Year 2024 (Graham)

Recommendation:

No action recommended, for information only.

Item 9.D: Annual City Weed Abatement Program; Declaration of Nuisances (Lee)

Recommendation:

Adopt a Resolution declaring that grass, weeds, and rubbish on certain lots in the City of Pismo Beach constitute public nuisances and ordering said public nuisances to be abated.

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

Recommendation:

1. Adopt a Resolution authorizing the installation of one Bus Loading Zone sign on Bello Street at the northern most edge of the Lucia Mar bus stop.

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

Pismo Beach City Council Agenda April 16, 2024

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Item 9.F: Award of Contract to Yoda Painting Inc. for the City Hall Exterior Improvements Project (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute a contract with Yoda Painting Inc. for the City Hall Exterior Improvements Project in the amount of $102,000.

10. ITEMS PULLED FROM CONSENT CALENDAR

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

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

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

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

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

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

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

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

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

Item 11.A: Resolution Levying the 2% Annual Assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2025: July 1, 2024 through June 30, 2025 (Feeser)

Recommendation:

1. Open public hearing; accept protests, if any, to the proposed assessments; close public hearing;

2. Adopt a Resolution levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2025: July 1, 2024 through June 30, 2025.

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

Item 12.A: Paving Project Update and Amendment #1 to the Agreement with Cannon Corporation for Construction Management, Inspection, Materials Testing and Administrative Services for the Paving Project (Fine)

Recommendation:

1. Receive an update on the current status of the 2022 Paving Project;

2. Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Cannon Corporation in the amount of $148,617.50 for Construction Management, Inspection, Materials Testing and Administrative Services for the 2022 Paving Project.

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

Pismo Beach City Council Agenda April 16, 2024

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14. ADJOURNMENT

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

Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, May 7, 2024 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 April 16, 2024 meeting(s) of the Pismo Beach City Council was posted on April 11, 2024, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.

Erica Inderlied, City Clerk

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

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

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

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

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

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

35.104 ADA Title II).

A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA RECOGNIZING APRIL 2024 AS SEXUAL ASSAULT AWARENESS MONTH WHEREAS, Sexual Assault Awareness Month calls attention to the fact that sexual and intimate partner violence is widespread and impacts every person in San Luis Obispo County; and WHEREAS, the marginalization of certain groups in society, including undocumented individuals, transgender individuals, and those living with disabilities, increases their vulnerability to sexual violence; and
WHEREAS, although much progress has been made toward preventing and ending sexual violence, important work remains to be done; and
WHEREAS, Lumina Alliance continues to provide a safe environment to those affected by sexual violence with crisis intervention, counseling, education, and emergency safe housing, with the help of dedicated volunteers and professionals; and
WHEREAS, Lumina Alliance provided services to 1,397 people in 2022-23, including answering 2,189 calls from the crisis line; and
WHEREAS, Lumina Alliance provided 380 survivors with more than 4,800 sessions of therapy in 2022-23; and
WHEREAS, Lumina Alliance provided evidence-based violence prevention education to 1,431 students in SLO County in 2022-23; and
WHEREAS, Lumina Alliance encourages the community to recognize our collective power to create a culture that supports survivors and works to create a community where everyone can live free from violence; and
WHEREAS, Lumina Alliance is celebrating its 45th anniversary of serving survivors of sexual and intimate partner violence in SLO County in 2024; and
WHEREAS, he City of Pismo Beach strongly supports the efforts of Lumina Alliance and its work to help survivors connect with services, and recognizes that every segment of our society can work together to better address sexual violence.

NOW, THEREFORE, the City Council of the City of Pismo Beach hereby recognizes April 2024 as Sexual Assault Awareness Month.

Dated this 16th day of April, 2024
________________________
Ed Waage, Mayor

4.C-1Council Agenda 4-16-2024
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
Meeting Date: April 16, 2024
TITLE:

Adoption of Meeting Minutes
RECOMMENDATION:

1.Adopt Minutes of the February 16, 2024 Special Workshop.

2.Adopt Minutes of the April 2, 2024 Regular Joint Meeting.

DISCUSSION:

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.

ATTACHMENTS:

1.Draft Minutes of the February 16, 2024 Special Workshop

2.Draft Minutes of the April 2, 2024 Regular Joint Meeting Submitted by:

Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 4-16-2024 9.A-1
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DRAFT MINUTES
Pismo Beach City Council
Friday, February 16, 2024
Special Meeting—10:00 p.m.
147 Stimson Avenue, Meeting Room 1, Pismo Beach, CA 93449 The City Council of the City of Pismo Beach met this date in a special meeting with Mayor Waage presiding.

CALL TO ORDER: 10:08 a.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:

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

2.PUBLIC COMMENT PERIOD
Call for public comment: No comment.

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3.AGENDA ITEMS
Item 3.A: Fiscal Years 2024 & 2025 Goals Update and Other Items (Garcia) Recommendation:

1.Provide direction to staff on additions or modifications to the adopted FY 2024 & FY 2025 Council Goals following the update provided at the regular meeting of January 16, 2024 (Garcia);

2.Receive the Capital Improvement Program Semi-Annual Report; provide direction to staff on options for the Pier Avenue Stairs project; provide other direction if desired (Fine);

3.Review the current parking in-lieu fee program, and provide direction to staff on any desired changes to Zoning Code parking requirements, in- lieu fee amounts, or other direction if desired (Codron, Feeser, Smith);

4.Review current affordable housing programs and projects, and provide direction to staff on policy changes, funding priorities, use of City-owned real property for the provision of affordable housing, or other direction if desired (Codron);

5.Review current purchasing authority thresholds and provide direction to staff on a proposed increase to the thresholds (Feeser);

6.Review the current sidewalk policy for residential development and provide direction to staff on any desired changes (Fine);

7.Review concept options for a refresh of the City’s park signs, and provide direction to staff if desired (Jackson).

1.Provide direction to staff on additions or modifications to the adopted FY 2024 & FY 2025 Council Goals following the update provided at the regular meeting of January 16, 2024.

Presenting staff:

Jorge Garcia, City Manager
Supplemental material submitted into the record.

Call for public comment: No comment.

Action: Consensus to provide the following direction to staff:

1.Evaluate options for and feasibility of a project to increase the size of the Council Chamber dais and staff tables, for potential inclusion in the Fiscal Year 2025 & 2026 Budget;

2.Schedule a City Council study session, no later than May 2024, on the topic of bluff erosion.

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

Absent: 0
Abstain: 0
Recused: 0

2.Receive the Capital Improvement Program Semi-Annual Report; provide direction to staff on options for the Pier Avenue Stairs project; provide other direction if desired.

Presenting staff:

Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, City Manager
Supplemental material submitted into the record.

Call for public comment:

Ron Rodriguez commented.

Action: Consensus to provide the following direction to staff:
•Prior to initiating any future paving project work in Shell Beach, retain consultant services to conduct a Shell Beach drainage study; explore the possibility of an assessment district to fund any required improvements;
•Explore the feasibility of a ballot measure to both increase and extend the current half-cent sales tax enacted by Measure I, 2014 and return to the Council in time for consideration of a measure for the 2024 ballot.

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

Absent: 0
Abstain: 0
Recused: 0

5.Review current purchasing authority thresholds and provide direction to staff on a proposed increase to the thresholds.

Presenting staff:

Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager
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Supplemental material submitted into the record.

Call for public comment: No comment.

Action: Consensus to direct staff to return to the Council with an updated Purchasing Policy incorporating the changes outlined in staff’s report, including, but not limited to, increasing the purchasing authority limits to $10,000 for designated employees/supervisors; $50,000 for Department Heads; and $100,000 for City Manager.

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

Absent: 0
Abstain: 0
Recused: 0

3.Review the current parking in-lieu fee program, and provide direction to staff on any desired changes to Zoning Code parking requirements, in-lieu fee amounts, or other direction if desired.

Presenting staff:

Michael Codron, Interim Community Development Director
Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager
Jeff Smith, Chief of Police
Supplemental material submitted into the record.

Call for public comment: No comment.

Action: Consensus to provide the following direction to staff:
•Use the 2014 Downtown Vision and Strategic Plan as a concept guide for parking planning;
•Explore the following options for updating the parking in-lieu fee program:
o Increase the number of spaces that can be purchased by in-lieu fees, potentially up to 100%;
o Reduce parking requirements, in particular for downtown businesses that benefit from public parking facilities; o Reduce the parking in-lieu fee to 25%, or less, of the actual cost of a new parking space, potentially on a sliding-scale basis; Council Agenda 4-16-2024 9.A-5
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o Launch a pilot program to implement desired parking program changes that could be implemented in the near-term, such as reducing fees on a sliding scale basis;
•Partner with the Chamber of Commerce to conduct a survey to determine the locations where employees of downtown businesses park for work, to help assure that downtown workers have cost- effective parking options;
•Pursue associated Zoning Ordinance updates.

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

Absent: 0
Abstain: 0
Recused: 0

4. Review current affordable housing programs and projects, and provide direction to staff on policy changes, funding priorities, use of City-owned real property for the provision of affordable housing, or other direction if desired.

Presenting staff:

Michael Codron, Interim Community Development Director
Supplemental material submitted into the record.

Action: Consensus to provide the following direction to staff:
•Proceed with determining the feasibility of developing the “Pismo Marsh” parcel, APN 052-242-027, for the construction of affordable housing, in partnership with a third-party developer;
•Prioritize the creation workforce housing units and extra-low-income units as part of the project;
•Set aside $1.5 million of housing in-lieu fees for future use on such a project, while project feasibility is being determined; •Pursue associated Zoning Ordinance updates.

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

Absent: 0
Abstain: 0
Recused: 0
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7.Review concept options for a refresh of the City’s park signs, and provide direction to staff if desired.

Presenting staff:

Colleen Ghiglia, Recreation Manager
Jorge Garcia, City Manager
Gordon Jackson, Director of Tourism and Events
Supplemental material submitted into the record.

Action: Consensus to provide the following direction to staff:
•Proceed with the City-branded blue and yellow sign design; •Remove the pier “watermark” from the background of the design; •Install one large sign at Chumash Park and one small sign at Memory Park as a pilot;
•If no significant issues are identified thereafter, proceed with the installation of appropriately-located and appropriately-sized signs at all other City parks, with the exception of parks that have Master Plans;
•Return to the Parks, Recreation and Beautification Commission with concepts for new signs or kiosks to be located at City parks, showcasing the park’s history, to seek the Commission’s recommendation to the Council on the design of the signs and the extent of information to be included.

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

Absent: 0
Abstain: 0
Recused: 0

6.Review the current sidewalk policy for residential development and provide direction to staff on any desired change.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, City Manager
Supplemental material submitted into the record.

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Action: Consensus to provide the following direction to staff:
•Return to the City Council with a policy resolution detailing a revised residential sidewalk development policy incorporating the following provisions:
o Require the development, by the project applicant, of residential sidewalks along the street frontage of a parcel for development projects involving new construction, which shall include the development of a subdivision, under the following circumstances:
Require the development of residential sidewalks for
properties located on streets where the width of City right-of- way is 50 feet or more;
Require the development of residential sidewalks on streets where sidewalk has already been developed on 50% or more of the street, regardless of the average width of City right-of- way;
o Exclude “Old Shell Beach” (consisting of streets between Vista Del Mar to the north and Cliff Avenue to the south) from these residential sidewalk development requirements;
•Revise the Shell Beach Design Guidelines as necessary to reflect these changes and return the Guidelines to the Planning Commission for a recommendation to the City Council.

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

Absent: 0
Abstain: 0
Recused: 0

4.CITY COUNCIL COMMENTS AND REQUESTS
No action.

5.ADJOURNMENT
At 3:22 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
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DRAFT MINUTES
Pismo Beach City Council
Pismo Beach Public Financing Authority Board
Tuesday, April 2, 2024
Regular Joint Meeting—5:30 p.m.

Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 The City Council and Public Financing Authority Board of the City of Pismo Beach met this date in a regular session with Mayor Pro Tem/Vice-Chair Reiss presiding.

CALL TO ORDER: 5:30 p.m.

1.ROLL CALL:

City Council:

Present: Absent:

Mayor Pro Tem Mary Ann Reiss Mayor Ed Waage
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Public Financing Authority Board:

Present: Absent:

Vice-Chair Mary Ann Reiss Chair Ed Waage
Board Member Marcia Guthrie
Board Member Stacy Inman
Board Member Scott Newton
Staff Present:

Eric Eldridge, Engineering Manager
Nadia Feeser, Administrative Services Director
Scot Graham, Community Development Director
David Fleishman, City Attorney
Jorge Garcia, City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Mike James, Assistant City Manager
Paul Lee, Battalion Chief
Jeff Smith, Chief of Police
Other staff present as noted below

2.PLEDGE OF ALLEGIANCE
Community Development Director Graham led the Pledge of Allegiance.

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

4.PRESENTATIONS
Item 4.A: Proclamation: Month of the Child (Early Care in Education Planning Council of San Luis Obispo)
Presented to Shelby West, Early Care in Education Planning Council of San Luis Obispo.

Item 4.B: Presentation: Introduction of New Employees
Community Development Director Graham introduced Cindy Jacinth, Planning Manager, and Brianna Whisenhunt, Administrative Secretary.

Police Chief Smith introduced, Joe Andrade, Police Officer, and Malia Hunsicker, Police Records Technician.

Engineering Manager Eldridge introduced Richard Blessing, Wastewater Plant Operator, and Daniel Contreras, Capital Projects Manager.

Tourism and Events Director Jackson introduced Emma Neath, Recreation Coordinator, Lindsey Overstreet, Recreation Coordinator, and Anita Price, Recreation Coordinator.

Item 4.C: Presentation: Recognition of Outgoing Advisory Body Members (Waage)
Mayor Pro Tem Reiss presented certificates of recognition to Charley Allcock, former Parks, Recreation, and Beautification Commissioner, and Emma Neath, former Special Events Committee Member.

The Council recognized the contributions of Sharyl Naftal, former Conference and Visitors Bureau Board / LBID Advisory Board Member and Special Events Committee Member, Mark Roemer, former Conference and Visitors Bureau Board / LBID Advisory Board Member, Eduardo Salame, former Parking Advisory Committee Member, and Shauna Wills, former Planning Commissioner.

5.PUBLIC COMMENT PERIOD
Call for public comment: No comment.

Council Agenda 4-16-2024 9.A-10
Attachment 2
Packet Page 11

6.CITY MANAGER’S REPORT
City Manager Garcia commented on various topics.

7.CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman had nothing to report.

8.COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:

Council Member Inman:

Pismo Beach Conference and Visitors Bureau (CVB) Board / Lodging Business Improvement District (LBID) Advisory Board.

Council Member Guthrie:

San Luis Obispo County Homeless Services Oversight Council.

Mayor Pro Tem Reiss:

Chapman Estate Foundation Board.

9.CONSENT CALENDAR
Call for public comment: No comment.

Action: Adopt Consent Calendar.

Motion: Guthrie
Second: Newton
Vote: The motion passed on the following vote (Items 9.A through 9.G):

Ayes: 4 Guthrie, Newton, Inman, Reiss
Noes: 0

Absent: 1 Waage
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:

Adopt Minutes of the March 19, 2024 Regular Meeting.

Council Agenda 4-16-2024 9.A-11
Attachment 2
Packet Page 12

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

1.Approve the Summary of Payroll Register for March 10, 2024;

2.Approve the Register of Demands for March 8, 2024 and March 15, 2024.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for February 2024 of Fiscal Year 2024 (Feeser) Recommendation:

No action recommended; for information only.

Item 9.D: Annual Election of Officers; Pismo Beach Public Financing Authority (Feeser)
Recommendation:

Adopt a Resolution of the Board of Directors of the Pismo Beach Public Financing Authority conducting the annual election of officers.

Legislative Record: Resolution PFA-R-2024-001 adopted.

Item 9.E: Update on January 9, 2023 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:

No action recommended; for information only.

Item 9.F: Annual Report for Fiscal Year 2025 from the Pismo Beach Conference and Visitors Bureau / Lodging Business
Improvement District (LBID) Advisory Board; Declaration of the City Council’s Intention to Levy an Annual Assessment for the LBID for FY 2025 (Feeser)
Recommendation:

Adopt a Resolution approving the Annual Report for Fiscal Year 2025 from the Pismo Beach Conference and Visitors Bureau / Lodging Business Improvement District (LBID) Advisory Board, declaring the City Council’s intention to levy an annual assessment for the LBID for FY 2025, and directing the City Clerk to schedule a public hearing for April 16, 2024, to consider levying the assessment.

Legislative Record: Resolution R-2024-020 adopted.

Item 9.G: California Public Employees’ Retirement System (CalPERS) Additional Payment of $1.0 Million to Reduce the City’s Unfunded Pension Liability (Feeser)
Council Agenda 4-16-2024 9.A-12
Attachment 2
Packet Page 13

Recommendation:

Adopt a Resolution appropriating $1.0 million from the General Fund unassigned fund balance to provide additional discretionary payments of $500,000 to each of the City’s CalPERS Miscellaneous and Safety Police Tier 1 plans to reduce the City’s unfunded pension liability in Fiscal Year 2024.

Legislative Record: Resolution R-2024-021 adopted.

10.ITEMS PULLED FROM CONSENT
None.

11.PUBLIC HEARINGS
None.

12.BUSINESS ITEMS
Item 12.A: Police Department Semi-Annual Update (Smith) Recommendation:

Receive the Police Department Semi-Annual Update.

Presenting staff:

Jorge Garcia, City Manager
Jeff Smith, Chief of Police
Call for public comment: No comment.

Action: No action.

13.CITY COUNCIL COMMENTS AND REQUESTS
The Council commended Recreation Division staff for the Easter Egg-stravaganza event.

14.ADJOURNMENT
At 6:31 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 4-16-2024 9.A-13
Attachment 2
Packet Page 14

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B
Meeting Date: April 16, 2024
TITLE:

Payroll Register and Register of Demands
RECOMMENDATION:

1. Approve the Summary of Payroll Register for March 24, 2024;

2. Approve the Register of Demands for March 29, 2024.

DISCUSSION:

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.

ATTACHMENTS:

1.Payroll Summary

2. Registers of Demands
Submitted by: Nadia Feeser, Administrative Services Director/City Treasurer City Manager Approval:

Council Agenda 4-16-2024 9.B-1
Packet Page 15

FOR PERIOD ENDING 03/24/24
CHECKS DATED 03/29/24

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557068-557070 3
ACH 126

EARNINGS
REGULAR 376,122.00
HOLIDAY 5,092.85
OVERTIME (Includes Comp Time Payouts)17,747.75
Administration
Building
Conference & Visitors Bureau
Police Department 14,153.64
Parking
Engineering
Fire
Recreation
Public Works 482.21
Water 1,645.04
Wastewater 1,466.86
Motor Vehicles
Subtotal-Overtime 17,747.75$
SALARY ADJUSTMENTS 1,138.97
TRAINING / UNIFORM ALLOWANCE 493.75
OTHER EARNINGS 12,475.42
$413,070.74

LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 41,570.57
FICA & MEDICARE 31,605.37
STATE INCOME TAX 15,779.72
STATE DISABILITY INSURANCE 4,525.38
GARNISHMENTS 529.99
HEALTH

SUPPLEMENTAL DISABILITY
SECTION 125
PERS 35,403.95
DEFERRED COMPENSATION 725.00

ADDITIONAL LIFE INSURANCE
UNION DUES 906.88

PISMO ATHLETIC CLUB
OTHER
NET PAYROLL $282,023.88
DIRECT DEPOSIT DEDUCTION 276,073.40
NET PAYROLL AFTER ACH DEPOSIT 5,950.48

SUMMARY PAYROLL REGISTER
Council Agenda 4-16-2024 9.B-2
Attachment 1
Packet Page 16

City of Pismo Beach
Final Disbursement List Check Date 03/29/2024

US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10002 Internal Revenue Service 99,230.74$ Federal Income Tax PD 03/19/24 & 03/29/24 ACH 10371 Visit SLO County 90,244.60 TMD Payments Jan 2024 ACH 11208 SEIU Local 620 AFL/CIO 906.88 SEIU Dues PD 03/29/24 ACH 11305 Public Employees Retirement System 76,451.35 PERS Retirement from Springbrook EE & ER PD 03/29/24 & Arrear EE Contribution
ACH 12017 Vantagepoint Transfer Agents 9,580.00 Retiree Health Longevity Premiums - PD 04/01/24 ACH 12211 CA. Public Emp Retirement Sys 119,429.11 Medical Insurance - April 2024 ACH 12305 Franchise Tax Board 20,273.98 State Income Tax & SDI - PD PD 03/19/24 & 03/29/24 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA
725.00 ICMA Roth IRA PD 03/29/24
ACH 14257 Igoe Administrative Services 5,793.01 Medical and/or Dependent Care FS Monthly Participation Fee & IGOE FSA & DDS Reimbursement - March 2024
129180 10695 AFLAC 3,108.22 Supplemental Disability Insurance - March 2024 129181 11882 Alexander's Contract Services Inc 3,252.67 Water Meter Reading Services - Mar 2024 129182 14544 Jack Armstrong 424.99 Reimb: AWWT Advanced Waste Treatment & Water Treatment Basics Courses
129183 14363 AT&T Mobility 287314925891 80.48 iPad Tablet Service - Feb 2024 129184 14781 Athens Insurance Services, Inc. 425.00 CalPERS Form 1010 129185 14768 Bay Controls LLC. 1,296.00 Citywide Thermostats 129186 14119 Boone Printing & Graphics, Inc. 129.11 Business Cards 129187 14229 Brendler Janitorial Service 240.00 PBVH Event Rental Cleaning - Jan 2024 129188 12841 Robert Brenman 40.00 Senior Dance Band Member 3/12/24 129189 10028 Brisco Mill & Lumber Yard 220.25 Maintenance Supplies 129190 12098 Burke & Pace Lumber of Arroyo Grande 359.67 Maintenance Supplies 129191 14402 Carol A. Burner 866.66 900 Bello Lease - April 2024 129192 10626 California Highway Adoption Co 1,050.00 Highway 101 On/Off Ramp Mitigation - Mar 2024 129193 14414 California State Disbursement Unit 461.53 Tax Withholding Order PD 03/29/24 129194 14771 California State Disbursement Unit 18.46 Tax Withholding Order #2 PD 03/29/24 129195 14554 Jeffrey Cardinal 40.00 Senior Dance Band Member 3/12/24 129196 10269 Carquest Auto Parts 38.50 Vehicle Maintenance 129197 13951 Central Coast Portables 541.80 Portable Restrooms - 2/3/24-3/2/24 129198 10379 City Of San Luis Obispo 431.00 Pool Rental - Jr Lifeguard Tryouts 4/24/24 & 4/27/24 129199 14415 CLAD Consulting, Inc. 51,057.50 On-Call Engineering Services & Palisades and Chumash Parks CM & Parking Annex & Parking Annex Bid Alts - Feb 2024
129200 UB*01084 JERRY & BECKY CLARK 100.93 Refund Check 018282-000, 2526 COBURN 129201 11227 Cole Chrysler Dodge 203.35 Vehicle Maintenance 129202 14202 Crisp Imaging 473.51 Large Format Printer Ink 129203 13386 Cuesta Polygraph & Investigations, LLC. 1,000.00 Psych Evals & Pre-Employment Polygraphs 129204 UB*01083 HEIDI DE MAYO 30.73 Refund Check 018126-000, 500-502 BAXTER 129205 12224 Delta Dental Of California 7,040.08 Dental Premiums 129206 14519 Matthew Downs 376.00 M&IE: K9 School 4/7-4/12/24 -Week 5 129207 11469 Eikhof Design Group Inc 1,820.00 Development Review & Wadsworth Storm Drain- Feb 2024 129208 14383 Ellison Schneider Harris & Donlan LLP 44.50 Water Counsel Services - February 2024 129209 13646 Eurofins Eaton Analytical, LLC 2,160.00 Central Coast Blue Sample & Influent Testing 129210 14308 Fire Apparatus Solutions 1,174.66 Vehicle Maintenance 129211 13846 Franchise Tax Board-Tax Withholding-2 50.00 Tax Withholding Order PD 03/29/24 129212 13083 Anne Grannis 192.00 Instructor: Sewing - March Thursdays 3/7-3/28/24 #11415 129213 14265 Happy Time Cooperative Preschool 500.00 Deposit Refund: PBVH Rental 129214 14246 Hunter Smith Architecture 977.50 City Hall Color Board 129215 11739 J.B. Dewar Incorporated 9,643.26 Diesel & Unleaded Fuel Deliveries 129216 10474 Joseph Wolosz 6,500.00 Wolosz Parking Lot Lease - Apr 2024 129217 11833 Keylock Security Specialists 16.31 Facilities Maintenance 129218 14401 Barbara L. Maraist 866.67 900 Bello Lease - April 2024 129219 14674 McGrath Rentcorp 4,269.53 3 Temporary Trailers 330 Main St. - Lease 3/5-4/3/24 129220 13645 MDN Engineering, LLP 4,970.00 On-Call Engineering Support - 2/7-3/1/24 & Bello Bridge Habitat Monitoring - 2/9-3/1/24
129221 14427 Rubio Medina 3,758.00 Architectural Design Services for the Police Annex - Feb 2024 129222 13836 Mesa Energy Systems, Inc 1,086.20 PD IT Server Room A/C Unit 129223 10097 Miners Hardware 1,428.51 Maintenance Supplies 129224 14405 Mission Linen Supply 1,010.35 Uniforms/Mats/Towels - Feb 2024 129225 14611 Jon Wayne Mounts 40.00 Senior Dance Band Member 3/12/24 129226 11172 Mullahey Ford 68.53 Vehicle Maintenance
129227 14343 ODP Business Solutions, LLC 331.56 Office & Kitchen Supplies 129228 10697 John Parker 325.00 Activity Guide Ad
129229 11202 Pavement Engineering, Inc. 29,718.75 Paving Project ESDC - Feb 2024 129230 14403 Betty J. Pratt 866.67 900 Bello Lease - April 2024 129231 14701 Pre Con Industries 59,773.72 Police Dept. Parking Division Annex Building - Dec 2023 129232 12335 Procare Janitorial Supply Inc 1,558.62 Janitorial Supplies 129233 14593 Nina Reinacher 1,340.00 Instructor: Beginning Guitar Part 2 1/30-3/26/24 #11342 & Beginning Guitar Part 2 1/30-3/26/24
129234 13255 Rib Line 2,291.88 Chapman Estate Neighborhood Gathering Catering Service Council Agenda 4-16-2024 9.B-3
Attachment 2
Packet Page 17

City of Pismo Beach
Final Disbursement List Check Date 03/29/2024

US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
129235 14557 Securitas Technology Corporation 1,890.05 Monthly Security & Fire Monitoring - April 2024 & Quarterly Maintenance & Monitoring - Chapman & Pier Apr-Jun 2024
129236 10093 SLO County Auditor-Controller 7,475.00 Phoenix Parking Surcharges - Jan 2024 129237 11722 SP Maintenance Services Inc 4,688.75 Parking Lot & Street Sweeping Services - February 2024 129238 12806 Donald G. Stever 40.00 Senior Dance Band Member 3/12/24 129239 12630 SWCA Environmental Consultants 540.00 Chapman Archeological Monitoring - Feb 2024 129240 12321 The Gas Company 2,519.79 Gas Service 02/13/24-03/19/24 129241 14262 The McClatchy Co., LLC 353.50 Public Hearing Notice: Planning Commission 11/19/2023 129242 13097 The Standard 1,598.43 Life & Additional Life Insurance Premiums 129243 13442 Thorn Run Partners 4,500.00 Federal Lobbying Services - March 2024 129244 14639 TimeClock Plus, LLC 84.38 E-Timesheet Project Implementation Services Dec 2023 129245 12860 Townsend Public Affairs 4,000.00 Consulting Services - March 2024 129246 12924 Traffic Management Inc 142.65 Street Stencils & Signs 129247 13392 Urban Planning Concepts 22,050.00 In-house Planning Services - Jan 2024 129248 12622 USA Bluebook Acct: 82507 638.35 Lab Supplies 129249 10507 V & V Manufacturing 72.29 Badge
129250 13073 VSP- Vision Service Plan (CA) 1,678.00 VSP Vision Coverage 129251 13548 Jodi Weimer 238.00 M&IE: SLI 4/3-4/6/24 (Week 4) 129252 12132 White Flag Pest Control Inc 476.00 Pest Control Total: 685,708.52$
Council Agenda 4-16-2024 9.B-4
Attachment 2
Packet Page 18

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.C
Meeting Date: April 16, 2024
TITLE:

Paid Parking Quarterly Update—Third Quarter of Fiscal Year 2024 RECOMMENDATION:

No action recommended, for information only.

DISCUSSION:

This report provides the City Council and public with information on preliminary actual revenues and expenditures for Fiscal Year (FY) 2024 for the quarter ending March 31, 2024, and the current balance of the Parking Enterprise Fund. This report also provides an update on parking initiatives.

FY 2024 Financial Update
Table 1 details the preliminary actual revenues and expenditures for the third quarter of FY 2024 compared to the third quarter of FY 2023.

Table 1: Parking Enterprise Fund Revenues & Expenditures through 3rd Quarter FY 2024 3rd
Quarter Actuals
FY 2023 3rd
Quarter Actuals
Variance FY24
v FY23 ($)
V ariance FY24 v
FY23 (%)
July 1st Beginning Fund Balance 5,846,885$ 5,409,268$ 437,617$ 8.1%

REVENUES
Parklet Fee 44,298$ (44,298)$ -100.0%
Parking Citations 437,732 353,798 83,933 23.7%
Interest Earnings 118,504 36,488 82,017 224.8% Rents & Leases -3,399 (3,399) -100.0%
Parking Kiosks/Meters 1,812,007 1,271,569 540,439 42.5% Parking Permits 3,621 4,795 (1,174) -24.5%
Miscellaneous Revenue 8,036 3,412 4,625 135.6%
TOTAL REVENUES 2,379,900$ 1,717,758$ 662,142$ 38.5%

EXPENDITURES
Salaries & Wages 143,070$ 134,429$ 8,641$ 6.4% Benefits 44,564 41,151 3,413 8.3%
Purchased Professional Services 3,206 2,804 402 14.3% Other Purchased Services 10,878 41,364 (30,486) -73.7% Operations and Maintenance 65,173 72,827 (7,655) -10.5% Other Expenses 228,687 228,803 (116)-0.1%
TOTAL OPERATING EXPENSES 495,577$ 521,378$ (25,801)$ -4.9% NET INCOME / (LOSS) As of June
30, 2023
1,884,323$ 1,196,380$ 687,943$ 57.5%
One-time Expenditures 2,846,670$ 160,657$ 2,686,014$ 1671.9% June 30, 2024 Ending Fund
Balance
4,884,538$ 6,444,992$ (1,560,454)$ -24.2%
Carryforward One-time projects 4,003,261$ 4,166,254$ (162,993)$ -3.9% June 30, 2024 Available Ending
Fund Balance
881,277$ 2,278,738$ (1,397,461)$ -61.3%
FY 2024 Available Ending Fund Balance is an estimate assuming only 3 quarters of revenues and expenditures Council Agenda 4-16-2024 9.C-1
Packet Page 19

As shown in Table 1, the preliminary estimate of revenues of the Parking Enterprise Fund at the end of the third quarter of FY 2024 (ending March 31, 2023) totaled $2,379,900, which is 38.5% greater parking revenue compared to the same period in FY 2023. This increase is largely due to increases in parking rates and occupancy, parking citations, and interest earnings.

Operating expenses at the end of this same period, which include personnel costs, operating expenses, and contract services, totaled $495,577, which is 4.9% less than operating expenditures through the third quarter of FY 2023. The projected net operating income (revenues less operating expenses) through the third quarter of FY 2024 is $1,884,323. After accounting for one-time expenditures of $2,846,670, the projected ending balance of the Parking Enterprise Fund at the end of the third quarter is $4,884,538.

In addition to the ongoing expenses, there are one-time budgeted costs of $6,849,931 for one-time projects. These projects include $4,000,000 to support the parking functions and related public safety support of parking functions associated with and located within the Public Safety Facility project; $1,305,496 for the purchase of parking inventory; $1,159,056 for the Police Department Parking Division Substation; $291,884 for additional parking meters; $88,398 for the Addie Street Parking and Access Improvements project; $4,000 for a radio system upgrade and reliability project; and $1,097 for other projects. After considering these one-time costs of $2,846,670 and carrying forward the $4,003,261 remaining project balances to the next fiscal year, the projected available fund balance is $881,277.

Parking Initiatives
The paving project in the Price Street area commenced on April 8, 2024, and includes construction of a center median on Price Street between Bay Street and Pomeroy Avenue and installation of parking meters in this same area including the adjacent stub streets.

Loading zones are also being added west of Price Street at Wadsworth Avenue, Pismo Avenue, Hollister Avenue, and Main Street. The loading zones will be restricted to active commercial loading use between the hours of 6:00 a.m. and 6:00 p.m. Monday through Friday and Saturday from 6:00 a.m. to 2:00 p.m. Outside of these hours, the loading zones will be available for parking.

The City Council authorized the purchase of the parking meters on January 17, 2023.

Associated with this work, on February 21, 2023, the City Council directed staff to temporarily restripe Price Street with a “double-loaded” center diagonal parking for the 2023 summer. This allowed the community to test the reconfiguration for the season and allow continued business outreach to determine appropriateness for permanent installation. Since implementation of the test reconfiguration, staff held four meetings with businesses on Price Street to understand how the configuration is functioning. On October 3, 2023, the City Council directed staff to implement the “hybrid option” for Price Street, with alternating center diagonal parking and center parallel parking on the “off blocks.”
Council Agenda 4-16-2024 9.C-2
Packet Page 20

As the City heads into the summer months, staff will monitor parking demand and rates will be adjusted to encourage parking in less congested areas.

The Parking Advisory Committee is scheduled to discuss possible changes to the downtown parking requirements, including options for updating the structure of the parking in-lieu program, in accordance with the City Council’s February 16, 2024 direction, at its April 24, 2024 meeting. Staff will report back to Council on the outcome of the Parking Advisory Committee downtown parking discussion.

FISCAL IMPACT:

There is no fiscal impact from staff’s recommendation.

Submitted by: Scot Graham, Community Development Director City Manager Approval:

Council Agenda 4-16-2024 9.C-3
Packet Page 21

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D
Meeting Date: April 16, 2024
TITLE:

Annual City Weed Abatement Program; Declaration of Nuisances RECOMMENDATION:

Adopt a Resolution declaring that grass, weeds, and rubbish on certain lots in the City of Pismo Beach constitute public nuisances and ordering said public nuisances to be abated.

DISCUSSION:

As part of the annual weed abatement program, Fire Department personnel are making a survey of all properties in the city to identify those properties requiring weed, rubbish, or refuse abatement. Municipal Code Chapter 8.321 allows the City Council by resolution to declare those properties a nuisance and order the abatement of those unsafe conditions. Each property owner whose lot has been identified as needing abatement will be mailed a letter, which will explain the weed abatement requirements. That letter will also notify the owner of a protest hearing before the City Council on June 20, 2024, where they can protest the notice. This program needs to be completed by August 2, 2024, in order for the City to turn in abatement assessments to the County Auditor on time to meet the deadline for the 2024–2025 tax roll.

The proposed Resolution (Attachment 1) conforms to all provisions of the weed and rubbish abatement ordinance adopted in 1996 (Ordinance O-96-05).

Conclusion and Recommendation
Staff recommends that the Council adopt the Resolution provided as Attachment 1.

FISCAL IMPACT:

Costs associated with the annual weed abatement program are included in the City's existing Weed Abatement fund.

ATTACHMENTS:

1. Resolution
Prepared by:

Michelle Pearson, Administrative Assistant
Submitted by: Paul Lee, Battalion Chief
City Manager Approval:
1 Full URL https://codelibrary.amlegal.com/codes/pismobeach/latest/pismo_ca/0-0-0-2846

9.D-1Council Agenda 4-16-2024
Packet Page 22

RESOLUTION NO. R-2024-XXX

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

CALIFORNIA DECLARING THAT GRASS, WEEDS AND RUBBISH ON CERTAIN

LOTS IN THE CITY OF PISMO BEACH CONSTITUTE PUBLIC NUISANCES AND

ORDERING SAID PUBLIC NUISANCES TO BE ABATED
WHEREAS, Section 8.32.020 of the City of Pismo Beach Municipal Code provides, “The City Council may declare by resolution as a public nuisance, and abate:

A. Weeds growing in any location within the city, whether on public or private land.

B. All rubbish, refuse and dirt upon parkways or sidewalks, and all rubbish and refuse upon private property in the City”; and
WHEREAS, the Fire Chief of the City of Pismo Beach or their representative is surveying all lots and can present evidence to the City Council of the City of Pismo Beach that there are weeds, rubbish, refuse and dirt on or adjacent to said lots, and that said conditions should be abated.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach that the Fire Chief of the City of Pismo Beach or their representative shall identify said lots and send by mail to each known owner of said lots a notice that the City of Pismo Beach intends to abate the public nuisances thereon.

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 16th day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Inderlied, City Clerk

9.D-2Council Agenda 4-16-2024
Attachment 1
Packet Page 23

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.E
Meeting Date: April 16, 2024

TITLE:

Traffic Safety Committee Recommendations to City Council RECOMMENDATION:

1. Adopt a Resolution authorizing the installation of one Bus Loading Zone sign on Bello Street at the northern most edge of the Lucia Mar bus stop.

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

DISCUSSION:

The Traffic Safety Committee (TSC) met on met on March 7, 2024, and the following summary outlines the results of the meeting. The Public Works Department will implement the TSC recommendations, unless otherwise directed by the City Council.

Item 1 – ADA Parking on Shell Beach Road
The TSC discussed the possibility of adding ADA parking on Shell Beach Road in the Streetscape corridor.

TSC Recommendation
Table the conversation until there is a request received for the addition of ADA parking.

No action is required by City Council.

Item 2 – Parking in front of 2131 Price Street
The TSC discussed the on-street parking spaces and the current temporary striping put in place by Caltrans.

TSC Recommendation
Staff should reach out to Caltrans and recommend restriping the previous configuration with a smooth taper. Staff has already made this request to Caltrans. No action is required by City Council.

Item 3 – Signage for Lucia Mar Bus Stop on Bello
The TSC discussed adding signage or striping to the Lucia Mar bus stop on Bello Street.

TSC Recommendation
Install bus stop signage, confer with school district on length of the bus stop, install “Bus Loading Zone No Parking M–F, 8 a.m.–5 p.m., Aug–June” sign at the northern most edge.

Conclusion and Recommendation
Staff recommends that the Council adopt the Resolution provided as Attachment 1.

Council Agenda 4-16-2024 9.E-1
Packet Page 24

FISCAL IMPACT:

There is no fiscal impact associated with staff’s recommendation.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Lucia Mar Bus Stop Exhibit Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

Council Agenda 4-16-2024 9.E-2
Packet Page 25

RESOLUTION NO. R-2024-XXX

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

CALIFORNIA AUTHORIZING THE INSTALLATION OF ONE BUS LOADING ZONE

SIGN ON BELLO STREET AT THE NORTHERN MOST EDGE OF THE LUCIA MAR

BUS STOP
WHEREAS, the Lucia Mar bus stop on Bello Street is located just north of the Veterans’ Hall driveway; and
WHEREAS, there is no current signage identifying the area as a bus stop; and WHEREAS, if cars are parked in the bus area during drop-off and pick-up times, the bus must stop in traffic and children have to cross between parked cars to get to sidewalk.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the installation of one “Bus Loading Zone No Parking M–F, 8 a.m.–5 p.m., Aug–June” sign on Bello Street at the northern most edge of the Lucia Mar bus stop.

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 16th day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Bello Street Lucia Mar Bus Stop
EO
3/7/2024 D.4A1 1Council Agenda 4-16-2024 9.E-4
Attachment 2
Packet Page 27

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.F
Meeting Date: April 16, 2024

TITLE:

Award of Contract to Yoda Painting Inc. for the City Hall Exterior Improvements Project
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to execute a contract with Yoda Painting Inc. for the City Hall Exterior Improvements Project in the amount of $102,000.

DISCUSSION:

The City Hall Exterior Improvements Project consists of wood repairs and repainting of the exterior of City Hall.

In February of 2024 the project was advertised for bids and on March 28, 2024 five bids were received ranging from $102,000 to $142,000. The apparent low bidder is Yoda Painting Inc. (Yoda Painting) with a bid of $102,000 (bid results provided for reference as Attachment 3).

Conclusion and Recommendation
Staff has verified Yoda Painting’s references and qualifications, and recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a contract with Yoda Painting in the amount of $102,000 for the completion of the City Hall Exterior Improvements Project.

FISCAL IMPACT:

The fiscal impact of adopting the subject Resolution is a total estimated project cost of $122,400 to complete the project. The total estimated cost includes a 20% contingency.

The Fiscal Year (FY) 2024 budget includes $125,000 for completion of the project.

Current Project Funding
City Hall Exterior Improvements Project Budget $125,000 Estimated Project Cost
Construction Costs (Yoda Painting) $102,000
20% Contingency $20,400
Total Estimate Project Cost $122,400
Budget Surplus $2,600
Council Agenda 4-16-2024 9.F-1
Packet Page 28

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Yoda Painting Bid

2. Yoda Painting Construction Agreement

3. Bid Results
Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

Council Agenda 4-16-2024 9.F-2
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RESOLUTION NO. R-2024-XXX

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

CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH YODA PAINTING INC. FOR THE CITY HALL EXTERIOR IMPROVEMENTS PROJECT IN THE AMOUNT OF $102,000
WHEREAS, the FY 2024 budget includes $125,000 to complete wood repairs and painting of the exterior of City Hall; and
WHEREAS, the project was advertised for bids and on March 28, 2024 five bids were received ranging from $102,000 to $142,000; and
WHEREAS, the apparent low bidder is Yoda Painting Inc. (Yoda Painting) with a bid of $102,000; and
WHEREAS, staff has verified Yoda Painting’s references and qualifications.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a contract with Yoda Painting (scope provided as Exhibit A) in the amount of $102,000 for the completion of the City Hall Exterior Improvements Project.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 16th day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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CITY OF PISMO BEACH

CONSTRUCTION SERVICES AGREEMENT
This Construction Services Agreement (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation ("CITY"), and Yoda Painting Inc., a corporation ("CONTRACTOR").

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

I. SCOPE OF WORK
CONTRACTOR shall perform within the time set forth in Article 2 of this AGREEMENT and shall furnish at its own cost all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of wood repairs and painting of the building exterior for the City Hall Exterior Improvements Project (hereinafter “Project”).

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

II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Construction Schedule. All work shall commence fifteen (15) calendar days after receiving a written Notice to Proceed from CITY or Project Manager, if a Project Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to CITY comprises the entire “Project” and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within forty-five (45) consecutive working days (“Contract Time”).

III. THE CONTRACT SUM
CITY shall pay to CONTRACTOR for the performance of this AGREEMENT, subject to any additions and deductions provided in the Project documents, the sum of one hundred two thousand dollars ($102,000).

IV. PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Public Works Director/City Engineer by CONTRACTOR and Certificates for Payment issued by the Public Works Director/City Engineer, CITY shall make progress payments on account of the Contract Sum to CONTRACTOR as provided in the General Conditions.
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This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to CONTRACTOR of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

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

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

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

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

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

VI. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of CONTRACTOR’s performance or CONTRACTOR’s failure to perform its obligations under this Council Agenda 4-16-2024 9.F-5
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AGREEMENT or out of the operations conducted by CONTRACTOR, except for such loss or damage arising from the active negligence, sole negligence, or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR’s performance of this AGREEMENT, CONTRACTOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

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

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

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

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

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

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

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

A. None
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X. FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by CITY to CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the AGREEMENT fully performed, and a final Certificate for Payment has been issued by the Public Works Director/City Engineer.

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

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

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

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

CONTRACTOR shall provide the following types and amounts of insurance:

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

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

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

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

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

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

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

7. Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only CITY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below. i. The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to CITY. ii. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or 6 of 11
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deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to CITY prior to commencement of construction.

B. Other provisions or requirements:

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

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

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

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

4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by Council Agenda 4-16-2024 9.F-7
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CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may terminate this AGREEMENT.

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

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

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

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

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

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

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

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.
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12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

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

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

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

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

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

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

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

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

XIV. REGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code Council Agenda 4-16-2024 9.F-8
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or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

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

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

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

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

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

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

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

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

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

B. Upon receipt of said notification CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in CONTRACTOR's cost of or the time required for performance of any part of the 10 of 11
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Project, CITY will issue a change order under the procedures described in the General Conditions.

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

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

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

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

1. Agreement

2. Change Orders and Work Directive Changes

3. Addenda

4.Notice to Bidders

5. Contract Proposal

6.Special Provisions

7.Technical Provisions

8.Contract Plans

9. City of Pismo Beach Standard Specifications and Drawings

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

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

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

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

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

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

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CITY:

City of Pismo Beach, a Municipal Corporation
Signed:

Name: Benjamin A. Fine, P.E.

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

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

Signed:

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

Signed:

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

Yoda Painting Inc.

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
______________________________________
______________________________________
Email address for official communications:
______________________________________
Vendor Representative:

Name/Title: ____________________________
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CITY OF PISMO BEACH

BID OPENING LOG
Date: March 28, 2024
Time: 2:00 p.m.

Subject: City Hall Exterior Improvements
# Company Name Date
Rec’d
Time
Rec’d
Bid Bond Base Bid Amount

1. Yoda Painting 3/20/24 11:00 am X $102,000*

2. Color New Co. 3/27/24 11:30 am X $122,000

3. Satellite Painting 3/28/24 11:00 am X $119,000

4. Pacific Contractors Group 3/28/24 11:45 am X $142,000

5. Vivid-Accent Painting 3/28/24 1:56 pm X $108,200

6. 7.

8. 9.
*Apparent Low Bidder
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #11.A
Meeting Date: April 16, 2024
TITLE:

Resolution Levying the 2% Annual Assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2025: July 1, 2024 through June 30, 2025
RECOMMENDATION:

1. Open public hearing; accept protests, if any, to the proposed assessments; close public hearing;

2. Adopt a Resolution levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2025: July 1, 2024 through June 30, 2025.

EXECUTIVE SUMMARY
On April 2, 2024, the City Council adopted Resolution R-2024-020 approving the Conference and Visitors Bureau (CVB)/LBID Advisory Board’s Annual Report for Fiscal Year (FY) 2025; declaring the Council’s intention to levy an annual assessment of 2% on gross lodging revenues from transient rentals in the District; and setting a public hearing for April 16, 2024 to consider levying the assessment. The Resolution of Intention and Annual Report for FY 2025 were mailed to all lodging properties within the city on April 5, 2024, and a Notice of the April 16, 2024 public hearing was published in the New Times, on April 4, 2024. After the public hearing, the Council may consider adoption of a Resolution levying the LBID assessment for Fiscal Year FY 2025.

The primary purpose of this agenda item is to hold a public hearing to hear all interested persons and receive any protests. If written protests are received from lodging operations in the district proposed to pay fifty percent (50%) percent or more of the annual assessment, no further proceedings to impose the levy of assessments shall take place during the ensuing fiscal year. If protests received do not represent 50% or more, the Council may proceed to adopt the subject Resolution (Attachment 1) confirming the CVB/LBID Advisory Board’s Annual Report for FY 2025, and levying the LBID assessment for FY 2025.

The CVB/LBID Advisory Board’s Annual Report for FY 2025 is provided as Attachment

1.A to this staff report.

Alternatives

1. Do not adopt the Resolution; do not levy an assessment in FY 2025.

Conclusion and Recommendation
Staff recommends that the City Council:
Open the public hearing; accept protests, if any, to the proposed assessments; close the public hearing;

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Adopt a Resolution (Attachment 1) levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District (LBID) for FY 2025: July 1, 2024 through June 30, 2025.

FISCAL IMPACT:

If the proposed FY 2025 Annual Report is approved, it is estimated that a 1% LBID annual assessment for FY 2025 for promotional programs would generate $1,375,869 in LBID Assessment Revenues in FY 2025 which, after $145,310 of administrative expenses, could be used to promote the lodging businesses in Pismo Beach. These costs could, in turn, generate transient occupancy tax revenues and other revenues for the City and related agencies.

In addition, the 1% LBID annual assessment for FY 2025 for physical improvements is estimated to generate the same $1,375,869. This assessment could be used to support visitor serving improvements. The FY 2025 proposed budget includes a budgeted $1,200,000 for the Addie Street restroom project and $125,000 for a feasibility study for a Downtown Boardwalk Extension between Main Street and Wadsworth Avenue.

Not adopting this or a similar Resolution would preclude the Council from setting an Annual Assessment for the LBID for FY 2025, and thus preclude the LBID from generating an estimated $2,751,738 in Assessment Revenues in FY 2025, which could be used to promote the lodging businesses in Pismo Beach.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: CVB/LBID Advisory Board Annual Report for FY 2025
Submitted by: Nadia Feeser, Administrative Services Director City Manager Approval:

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RESOLUTION NO. R-2024-XXX

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

CALIFORNIA LEVYING AN ANNUAL ASSESSMENT FOR THE PISMO BEACH LODGING BUSINESS IMPROVEMENT DISTRICT (LBID) FOR FISCAL YEAR 2025:

JULY 1, 2024 THROUGH JUNE 30, 2025
WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.) authorizes cities to establish parking and business improvement areas for the purpose of imposing assessments on businesses for certain purposes; and
WHEREAS, the Pismo Beach City Council established the Pismo Beach Lodging Business Improvement District ("the District", "PBLBID", or "LBID") by the adoption of Ordinance No. O-2009-08; and
WHEREAS, as required by the California Streets and Highways Code Section 36533, the Pismo Beach Conference and Visitors Bureau/LBID Advisory Board has submitted an Annual Report to Council that outlines the activities of the District proposed for Fiscal Year (FY) 2025 (attached as Exhibit A), which was accepted by the City Council on April 2, 2024; and
WHEREAS, on April 16, 2024, the City Council conducted a public hearing to consider any protests against the levy of an annual assessment for the District, and such protests constituted less than fifty percent of the businesses to be assessed; and WHEREAS, pursuant to California Streets and Highways Code Section 36535(d), the City Council may adopt a resolution continuing the District and assessments from the current fiscal year without change.

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

Section 1. The City Council hereby approves the Annual Report for FY 2025, as submitted to the City Clerk by the CVB/LBID Advisory Board (Exhibit A).

Section 2. Pursuant to the provisions of Section 36500 et seq. of the California Streets and Highways Code, City Council levies an annual assessment for the Lodging Business Improvement District for FY 2025. The assessment shall be calculated based upon 2% of the gross lodging revenues, as that term is defined in Pismo Beach Municipal Code Section 3.26.020(D).

Section 3. This Resolution is effective on its adoption.

11.A-3Council Agenda 4-16-2024
Attachment 1
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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 16th day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

11.A-4Council Agenda 4-16-2024
Attachment 1
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Pismo Beach Lodging Business Improvement District
Annual Report and Business Plan for Fiscal Year 2024-2025 Presented to the Pismo Beach City Council By the City Conference & Visitors Bureau / Lodging Business Improvement District Advisory Board
The City of Pismo Beach’s Conference & Visitors Bureau (CVB) Board at its meeting on March 21, 2024, completed its Pismo Beach Lodging Business Improvement District Updated Annual Report and Business Plan as required by Section 3.26.060 of the Pismo Beach Municipal Code.

Regarding the requirements for the Annual Report, as stated in Section 36533 of the California Streets and Highways Code:

1.The Pismo Beach Lodging Business Improvement District (LBID) Advisory Board did not propose any changes in the Boundaries of the LBID, which were established in Section

3.26.040 to be the boundaries of the City of Pismo Beach.

2.With the renewal of the LBID following adoption of Proposition 26, the purposes for which LBID assessments could be expended were more limited than when the LBID was initially established. As such, the improvements and activities to be provided for in Fiscal Year (FY) 2025 are those services and activities permitted under Section 3.26.030 of the Pismo Beach Municipal Code, which include:

A. The general promotion of lodging operations within the LBID shall include costs of programs and physical improvements as specified in the business plan to be adopted annually;
B. The marketing of conference, group, and vacation business that benefits the local lodging industry in the district;
C. The marketing of the LBID to the travel industry in order to benefit the local lodging industry in the district;
D. Administration of the LBID, including collection and enforcement of assessments.

The continuing initiatives proposed for the original 1% LBID Assessment for FY 2025 include the following: Following the Strategic Plan including smart tourism growth, collaborative partnerships, expanding the brand of Classic California, Wine and Waves and current campaigns that feature stewardship, equity, diversity and inclusivity as well as ExperiencePismoBeach.com.

This will be accomplished by following the 2023-2025 Marketing Plan with ongoing reviews at the CVB/LBID Advisory Board Meetings. Specific initiatives include emphasis on lodging packages, targeted advertising of the four-to-five-hour drive markets of both Southern and Northern California, Fresno, Bakersfield, Ventura County, and Santa Barbara County, as well as San Luis Obispo flight routes from Los Angeles, San Diego, Phoenix, Denver, Seattle, Dallas and San

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Attachment 1.A
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2 Francisco. Continue cooperative advertising with the County Tourism Marketing District and other tourism partners, such as Central Coast Tourism Council and Visit California. There will be a continuing effort to promote off-season events that benefit the lodging industry in Pismo Beach and other marketing efforts with emphasis on all social media platforms. All advertising and marketing efforts will drive customers to the ExperiencePismoBeach.com website to select their lodging preference. These efforts are designed to improve lodging occupancies, RevPAR and TOT taxes which benefit all the residents of Pismo Beach.

The physical improvements proposed for the additional 1% LBID Assessment for FY 2025 include the Addie Street restroom improvements project continued from FY 2024 and a Downtown Boardwalk Extension Feasibility Study between Main Street and Wadsworth. These efforts are designed to improve lodging occupancies, RevPAR and TOT taxes which benefit all the residents of Pismo Beach.

3.Estimated Costs for FY 2024 and FY 2025
FY 2024 Projected Actuals for Original 1% Assessment
•Sources: The FY 2024 projected actual total sources of $2,076,916, made up of $719,530 from fund balance carried over from the prior fiscal year, an estimated $1,348,891 from LBID assessment revenues, and a projected $8,496 in interest earnings and fees. •Uses: The FY 2024 projected actual expenditures are $1,506,471. This total includes $135,233 for administrative costs and $1,371,238 for direct costs.

The following table shows: the FY 2024 projected actuals for the original 1% assessment, followed by summary tables of the total uses by administrative costs, direct costs, and improvements and details on the direct costs.

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Attachment 1.A
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3 The next tables summarize the total uses by administrative costs and direct costs, and provides the components of the direct costs.

FY 2024
Original 1%
Beginning Fund Balance 719,530$
Revenues
LBID Assessment Revenues 1,348,891
Interest Earnings 8,496
Total Revenues 1,357,386$
Total Sources 2,076,916$
Expenditures
SALARIES & WAGES 34,203
BENEFITS 7,580
PURCHASE PROFESSIONAL SVCS 122,236
OTHER PURCHASED SERVICES 1,177,002
OPERATIONS & MAINTENANCE 2,300
OTHER EXPENSES 91,149
Sponsorships for Events 52,000
CA Welcome Center Funding 20,000
Total Expenditures 1,506,471$
Net Revs - Exp (149,084)
Carryforward 16,000
Ending Fund Balance 570,446$
FY 2024
Original 1%
Administrative/Overhead 135,233
Direct Costs 1,371,238$
Direct Costs
TJA Agreement 1,283,100
Miscellaneous direct costs 16,138
Contributions/Sponsorships
WSL SLO CAL Open at Pismo Beach 40,000
Pismo Chamber 12,000
California Welcome Center 20,000
Subtotal Contributions 72,000
Total Direct Costs 1,371,238$

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Attachment 1.A
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4 FY 2024 Projected Actuals for 1% Assessment for Physical Improvements • Sources: The FY 2024 projected actual total sources of $1,852,518, made up of $495,132 from fund balance carried over from the prior fiscal year, an estimated $1,348,891 from LBID assessment revenues, and a projected $8,496 in interest earnings and fees. • Uses: The FY 2024 projected actual expenditures are $15,083. This total includes: $7,084 to replace the beach playground equipment at Main Street and Addie Street and $7,999 for beach wheelchairs. The Addie Street Restroom Improvements project is carried forward to FY 2025.

The following table shows: the FY 2024 projected actuals for the 1% assessment for physical improvements.

FY 2025 Proposed Budget for Original 1% Assessment
• Sources: The FY 2025 proposed budget total sources of $1,954,810, made up of $570,446 from fund balance carried over from the prior fiscal year, an estimated $1,375,869 from LBID assessment revenues, and a projected $8,496 in interest earnings and fees. • Uses: The FY 2025 proposed budget expenditures are $1,646,703. This total includes $145,310 for administrative costs and $1,501,393 for direct costs.

The following table shows: the FY 2025 proposed budget sources and uses, followed by summary tables of the total uses by administrative costs, direct costs, and improvements and details on the direct costs.

FY 2024
Physical
Improvements
Beginning Fund Balance 495,132$
Revenues
LBID Assessment Revenues 1,348,891
Interest Earnings 8,496
Total Revenues 1,357,386$
Total Sources 1,852,518$
Expenditures
FY23 Beach swing replacement 7,084
FY24 Beach wheelchairs 7,999
FY24 Addie St Restroom Improvements
-
Total Expenditures 15,083$
Net Revs - Exp 1,342,304
Carryforward
Ending Fund Balance 1,837,436$

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Attachment 1.A
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5 The next tables summarize the total uses by administrative costs and direct costs, and provides the components of the direct costs.

FY 2025
Original 1%
Beginning Fund Balance 570,446$
Revenues
LBID Assessment Revenues 1,375,869
Interest Earnings 8,496
Total Revenues 1,384,364$
Total Sources 1,954,810$
Expenditures
SALARIES & WAGES 34,946
BENEFITS 7,800
PURCHASE PROFESSIONAL SVCS 130,166
TOT Audit 16,000
OTHER PURCHASED SERVICES 1,235,227
OPERATIONS & MAINTENANCE 2,300
OTHER EXPENSES 100,264
Sponsorships for Events 100,000
CA Welcome Center Funding 20,000
Total Expenditures 1,646,703$
Net Revs - Exp (262,339)
Carryforward
Ending Fund Balance 308,107$
FY 2025
Original 1%
Administrative/Overhead 145,310$
Direct Costs 1,501,393
Direct Costs
TJA Agreement 1,347,255$
Miscellaneous direct costs 82,138
Contributions/Sponsorships
WSL SLO CAL Open at Pismo Beach 40,000
Pismo Chamber 12,000
California Welcome Center 20,000
Subtotal Contributions 72,000
Total Direct Costs 1,501,393$

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6 FY 2025 Proposed Budget for 1% Assessment for Physical Improvements • Sources: The FY 2025 proposed budget total sources of $3,221,800, made up of $1,837,436 from fund balance carried over from the prior fiscal year, an estimated $1,375,869 from LBID assessment revenues, and a projected $8,496 in interest earnings and fees. • Uses: The FY 2025 proposed budget expenditures include $1,200,000 for the Addie Street restroom improvements project carried forward from the prior fiscal year and $125,000 for a Downtown Boardwalk Extension Feasibility Study between Main Street and Wadsworth.

The following table shows: the FY 2025 proposed budget for the 1% assessment for physical improvements.

As the revenues and expenditures in this report reflect projections, it is prudent to continue to monitor these items over the course of the fiscal year.

4. No change in the LBID method or basis of levying the assessment was proposed for FY 2025.

The CVB/LBID Advisory Board approved a motion to recommend that the 2% Assessment be continued in FY 2025.

5. The FY 2024 LBID budget for the original 1% assessment is projected to include a $570,446 surplus left over for carryover into FY 2025. The FY 2024 LBID budget for the 1% assessment for physical improvements is projected to include a $1,837,436 surplus left over for carryover into FY 2025.

FY 2025
Physical
Improvements
Beginning Fund Balance 1,837,436$
Revenues
LBID Assessment Revenues 1,375,869
Interest Earnings 8,496
Total Revenues 1,384,364$
Total Sources 3,221,800$
Expenditures
FY24 Addie St Restroom Improvements 1,200,000
FY25 Downtown Boardwalk Extension
Feasibility Study between Main Street
and Wadsworth
125,000
Total Expenditures 1,325,000$
Net Revs - Exp 59,364
Carryforward
Ending Fund Balance 1,896,800$

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7 6.The FY 2025 LBID Projected Actuals includes $16,991 in projected interest earnings, which comes from investments from the 2% assessment levied on transient rentals, and fund balance carried over from the prior fiscal year. The CVB/LBID Advisory Board did not recommend that any other contributions be budgeted for FY 2025.

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Attachment 1.A
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
Meeting Date: April 16, 2024
TITLE:

Paving Project Update and Amendment #1 to the Agreement with Cannon Corporation for Construction Management, Inspection, Materials Testing and Administrative Services for the Paving Project
RECOMMENDATION:

1. Receive an update on the current status of the 2022 Paving Project;

DISCUSSION:

On April 19, 2022, a Professional Services Agreement with Cannon Corporation (Cannon) was approved by the City Council in the amount of $1,291,907.30 for Construction Management, Inspection, Materials Testing and Administrative Services for the 2022 Paving Project.

Construction of the project is ongoing, and staff will present an update on the current status of the project. Over the course of the project significant work items outside of the initial scope were added to the project including:
Modifications on Mattie Road to accommodate roadway widening; Installation of storm drain infrastructure on Wadsworth Ave. between Bello Street and Price Street;
Additional “Extra Work at Direction of the City Engineer” resulting in additional field inspection work.

The items all arose from betterments made to the project after the contract was awarded that have had a positive impact to the project, and to local neighborhoods; however there is an increase of 45 working days associated with the additional work.

Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute Amendment #1 (Attachment 1.A) to the existing Cannon contract to cover the additional work.

FISCAL IMPACT:

The fiscal impact of adopting the attached Resolution approving Amendment #1 to the Cannon agreement is $148,617.50 from the Capital Projects Fund 2022 Paving Project.

This will increase the agreement with Cannon to a total of $1,440,524.80. The project Council Agenda 4-16-2024 12.A-1
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budget included $2,426,452 in contingency funds. There is sufficient budget available in the project’s contingency budget to support this additional work and related costs.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Proposed Cannon Amendment #1 Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:

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RESOLUTION NO. R-2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #1

TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH CANNON CORPORATION IN THE AMOUNT OF $148,617.50 FOR CONSTRUCTION

MANAGEMENT, INSPECTION, MATERIALS TESTING AND ADMINISTRATIVE SERVICES FOR THE 2022 PAVING PROJECT
WHEREAS, on April 19, 2022 a Professional Services Agreement with Cannon Corporation was approved by the City Council in the amount of $1,291,907.30 for Construction Management, Inspection, Materials Testing and Administrative Services for the 2022 Paving Project; and
WHEREAS, over the course of the project significant work items outside of the initial scope were added to the project; and
WHEREAS, the items all arose from betterments made to the project after the contract was awarded; and
WHEREAS, there is an increase of 45 working days associated with the additional work; WHEREAS, there is sufficient budget available in the project’s contingency budget to support this additional work and related costs.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #1 (Exhibit A) to the existing Professional Services Agreement with Cannon Corporation in the amount of $148,617.50 for Construction Management, Inspection, Materials Testing and Administrative Services for the 2022 Paving Project.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 16th day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 4-16-2024 12.A-3
Attachment 1
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Inderlied, City Clerk
Council Agenda 4-16-2024 12.A-4
Attachment 1
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AMENDMENT # 1
to the
APRIL 21, 2022 AGREEMENT BETWEEN THE CITY OF PISMO BEACH

AND CANNON CORPORATION
Pursuant to the April 21, 2022 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and Cannon Corporation, hereinafter referred to as “Vendor,” City and Vendor hereby agree as follows:

1.Additional services shall be performed as set forth in the proposal dated March 13, 2024, which is attached hereto and by this reference made a part hereof.

2.Compensation for and timing of the additional services shall be as set forth in the referenced proposal.

Compensation for the additional services shall not exceed the amount of one hundred forty-eight thousand six hundred seventeen dollars and fifty cents ($148,617.50), without prior written approval of the City.

3.The revised fee under the April 21, 2022 contract, plus this addendum, is one million four hundred forty thousand five hundred twenty-four dollars and eighty cents ($1,440,524.80).

4.All other provisions of the Construction Management, Inspection, Materials Testing and Administrative Services for the 2022 Paving Project agreement between City and Vendor shall remain in full force and effect.

CITY:

City of Pismo Beach, a Municipal Corporation
Signed:

Name: Benjamin A. Fine, P.E.

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

Name: Jorge E. Garcia
Title: City Manager
Dated: ________________________________
ATTEST:

Signed:

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

Signed:

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

Cannon Corporation
Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
(if changed from prior agreement)
______________________________________
______________________________________
Email address for official communications:
(if changed from prior agreement)
______________________________________
Vendor Representative:
(if changed from prior agreement)
Name/Title: ____________________________
Attachment: Scope/Cost Proposal
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Request for Additional Services
CM Services Agreement
City of Pismo Beach 2022-2023 Pavement Rehabilitation Project (Sent via email)
March 13, 2024
Mr. Daniel Contreras – Capital Projects Manager
City of Pismo Beach
130 Cremona Drive, Suite B
Goleta, CA 93117
Subject: CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR CITY OF PISMO BEACH 2022-2023 PAVEMENT REHAB PROJECT REQUEST FOR ADDITIONAL SERVICE AGREEMENT NO.1
Dear Mr. Contreras,
Cannon has reviewed the labor and administrative costs associated with management and inspection activities directly related to the additional work added to the contract since the beginning of construction. These items were not included in our original scope of work and have resulted in extra effort on Cannon’s part to ensure thorough contract administration and effective construction management and inspection.

The nature and substance of this increased management, inspection and materials testing is based on additions or changes requested by the City. Our work associated with these changes has resulted in additional review and coordination of modifications to contract plans, additional meetings, field coordination, onsite inspection, materials testing, and preparation of change orders. The requested changes and specific unforeseen issues are detailed below:
Change Order 01 – Widening Mattie Road
o Increased Cost - $ 234,776.00 and an increase of 7 working days. Change Order 02 – Wadsworth Storm Drain Installation
o Increased Cost - $ 550,000.00 and an increase of 15 working days. Bid Item No.87 – “Extra Work at Direction of the City Engineer” (Not included in CCO #1 & #2) o Increased Cost - $ 612,000.00 and an increase of approximately 23 days of field inspection work.

The original contract completion date of August 14, 2024, has been extended to September 13, 2024, due to these additional 22 working days added by Change Order No.01 and No.02. In addition, “Extra Work as Directed by the City Engineer” has taken approximately 23 working days to accomplish. With the new date of completion scheduled for September 2023, and additional time expended on directed work items, we have roughly 2.3 additional months of Construction Management and Inspection work not included in our original scope of work.

Cannon has provided construction management and administrative services for the 2022-2023 Pavement Rehabilitation Project since the start of construction in August of 2023. Over the course of the project, we have been able to maintain our staffing efforts to adequately cover this additional work.

Considering this, we request that the City provide an additional construction management budget of $148,617.50 to cover the additional working days on this project. We remain committed to providing the City with high quality service to meet your needs throughout the final completion of this project. If you have any questions, or wish to discuss this matter further, please contact me at (805) 503-4562 or [email protected].

Sincerely,
Todd Bartolome, PE
Sr. Resident Engineer
Construction Management Division
Council Agenda 4-16-2024 12.A-6
Attachment 1.A
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Request for Additional Services
CM Services Agreement
City of Pismo Beach 2022-2023 Pavement Rehabilitation Project (Sent via email)
Council Agenda 4-16-2024 12.A-7
Attachment 1.A
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Pismo Beach City CouncilApril 16, 2024

Pismo Beach City Council
April 16, 2024