Agenda packet — Pismo Beach City Council, June 4, 2024

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AGENDA AMENDED
Pismo Beach City Council
Tuesday, June 4, 2024
Time Meeting Type Physical Location Virtual Viewing Option 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:

This meeting is being conducted in a hybrid format with both in-person and virtual options. Ways to watch this meeting and submit public comment are provided below.

Watch and participate in person:
• Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. • To make 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.

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

Watch online:
• 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:
• 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:
• 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:
• 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.

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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: Proclamation: Recognizing June 19, 2024 as Juneteenth Day (SLO County NAACP)

Item 4.B: Proclamation: Recognizing June 7, 2024 as Hunger Awareness Day (SLO Food Bank)

Item 4.C: Presentation: Introduction of Police K-9 “Kylo” (Smith) No action to be taken.

5. PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item NOT appearing on the agenda. For items appearing on the agenda, including the Consent Calendar, the public will be invited to make comments during Council consideration of the item. In accordance with state law, matters raised as part of this comment period cannot be discussed or acted upon by the City Council at this time.

However, in response to a matter raised as part of this comment period, the Council may, during Item 13, City Council Comments and Requests, direct staff to assist a speaker, or schedule the matter for consideration on a future agenda.

Please adhere to the following procedures when addressing the Council:
• Please limit your comments to 3 minutes or less.
• Unduly disruptive behavior will not be permitted.

Documents submitted to the Council become public record unless otherwise exempt from disclosure.

6. CITY MANAGER’S REPORT - No action to be taken

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

8. COUNCIL COMMITTEE REPORTS

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

2. California Joint Powers Insurance Authority (Reiss)

3. CAPSLO (Reiss)

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

5. Central Coast Community Energy Policy Board (Mayor)

6. Chapman Estate Foundation (Liaison) (Reiss)

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

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

9. Friends of Price House Liaison (Waage)

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

11. Homeless Services Oversight Council (Guthrie/Reiss)

12. Integrated Waste Management Authority (Newton/Inman)

13. Mobile Hom e 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 Comm ittee, SLO (Guthrie/Inman) (Govt Code Section 53232.3)

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

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

Recommendation:

Adopt Minutes of the May 21, 2024 Regular Joint Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for May 19, 2024;

2. Approve the Register of Demands for May 10, 2024.

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

Recommendation:

No action recommended; for information only.

Item 9.D: Fiscal Year 2025 Appropriations Limit (Gann Limit) (Feeser)

Recommendation:

Adopt a Resolution accepting the Fiscal Year 2025 Appropriations Limit for the City of Pismo Beach.

Item 9.E: Calling November 5, 2024 General Municipal Election; Request to Board of Supervisors for Consolidation (Inderlied)

Recommendation:

1. Adopt a Resolution calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the laws of the state of California relating to general law cities;

2. Adopt a Resolution requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 5, 2024 with the statewide general election to be held on the date, pursuant to Elections Code Section 10403.

Item 9.F: Authorization for Change Order #4 with Jack Handley Construction and Notice of Completion for the Chapman Estate ADA Restroom Remodel and Addition Project (Fine)

Recommendation:

1. Adopt a Resolution authorizing the City Manager to execute Change Order #4 with Jack Handley Construction Services in the amount of $252,033.26 and appropriating related budget adjustments;

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2. Accept the Chapman Estate ADA Restroom Remodel and Addition Project as complete;

3. Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the project.

Item 9.G: Contract Amendment #3 with Brenntag Pacific for Supply of Sodium Bisulfite (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #3 to the existing Professional Services Agreement with Brenntag Pacific, Inc. to supply sodium bisulfite in an amount not to exceed $58,968 for Fiscal Year 2025 and appropriating related budget adjustments.

Item 9.H: Notice of Completion for the City Hall Exterior Improvement Project (Fine)

Recommendation:

1. Accept the City Hall Exterior Improvement Project as complete;

2. Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the project.

Item 9.I: Award of Contract to CBJ Building Maintenance, Inc. for Janitorial Services for City Facilities (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with CBJ Building Maintenance, Inc. in the amount of $762,125.70 to provide janitorial services for the City of Pismo Beach for Fiscal Years 2025 through 2027 and appropriating related budget adjustments.

Item 9.J: Contract Amendment #2 with Olin Corporation for Supply of Sodium Hypochlorite (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #2 to the existing Professional Services Agreement with Olin Corporation, dba Olin Chlor Alkali Products and Vinyls to supply sodium hypochlorite in an amount not to exceed $126,360 for Fiscal Year 2025 and appropriating related budget adjustments.

Item 9.K: Amendment #3 to the Professional Services Agreement with SP Maintenance Services, Inc. for Parking Lot and Street Sweeping (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute Contract Amendment #3 with SP Maintenance Services, Inc. in the amount of $61,892 per year for two years of parking lot and street sweeping for fiscal years 2025 and 2026.

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10. ITEMS PULLED FROM CONSENT CALENDAR

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

None.

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

Item 12.A: Fire Department Semi-Annual Report (Lee)

Recommendation:

Receive Fire Department briefing.

Item 12.B: Extending and Modifying a Sales And Use Tax (Garcia)

Recommendation:

1. Adopt a Resolution ordering the submission to the qualified electors of the City a measure relating to the extension and modification of a local transaction and use tax at the General Election to be held on Tuesday, November 5, 2024, and directing the City Attorney to prepare an impartial analysis thereof.

2. Introduce an Ordinance amending Title 3, Chapter 3.22, of the Pismo Beach Municipal Code extending and modifying a transactions and use tax to be administered by the California Department of Tax and Fee Administration.

3. Adopt a Resolution setting priorities for filing written arguments regarding a City measure submitted at the November 5, 2024, General Municipal Election.

4. Adopt a Resolution providing for the filing of rebuttal arguments for a City measure submitted at the November 5, 2024, General Municipal election.

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

14. ADJOURNMENT

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

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

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AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the June 4, 2024 meeting(s) of the Pismo Beach City Council was posted on May 30, 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 JUNE 19, 2024 AS “JUNETEENTH DAY” WHEREAS, Juneteenth has become the harbinger of the ending of the institution of slavery in this great nation; and
WHEREAS, Juneteenth embodies the indomitable human spirit of the past, in the present, and all time; and
WHEREAS, the celebration of Juneteenth gives us all the opportunity to rededicate ourselves to the true American spirit; and
WHEREAS, the San Luis Obispo branch of the NAACP will be holding its seventh annual Juneteenth celebration on Saturday, June 15, 2024; and
WHEREAS, we are citizens that wish to secure the blessings of freedom, justice, and equality for all in this great City of ours; and
WHEREAS, the collaboration of community-based organizations, faith-based organizations, and local businesses, and local government are committed to being part of the solution and guidance in continuing the struggle for freedom, justice, and equality for all.

NOW, THEREFORE, the City Council of the City of Pismo Beach hereby proclaims June 19, 2024, as “Juneteenth Day” and recommends that all citizens of Pismo Beach join in recognizing the importance of this day.

Dated this 4th day of June, 2024
________________________
Ed Waage, Mayor

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A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA RECOGNIZING JUNE 7, 2024, AS HUNGER AWARENESS DAY WHEREAS, hunger profoundly undermines the health and well-being of both our community at large and individual neighbors; and
WHEREAS, approximately a third of households in San Luis Obispo County are struggling to afford the cost of living in our region; and
WHEREAS, more than 4,800 children in San Luis Obispo County are suffering from food insecurity, jeopardizing their growth, health, and academic success; and WHEREAS, nearly a quarter of local seniors are struggling to meet their basic needs; and WHEREAS, the SLO Food Bank provides essential support to over 70 partner nonprofit agencies, thereby forming a critical network that distributes nutritious, life-sustaining food to those who face hunger; and
WHEREAS, the SLO Food Bank serves over 36,500 neighbors in need each month across San Luis Obispo County from Nipomo to San Miguel, and from San Simeon to California Valley; and
WHEREAS, the SLO Food Bank distributes millions of nutritious meals to families, seniors, children, and people in need annually; and
WHEREAS, the annual Hunger Awareness Day event, taking place this year on June 7, is a crucial initiative organized by the SLO Food Bank to elevate public consciousness about hunger and generate the necessary funds to continue and expand hunger relief efforts in San Luis Obispo County; and
WHEREAS, the steadfast commitment of our community on Hunger Awareness Day, June 7, 2024, will be instrumental in raising the funds and awareness required to alleviate hunger and build a healthier community in San Luis Obispo County.

NOW, THEREFORE, the City Council of the City of Pismo Beach hereby proclaim that on Hunger Awareness Day, we call upon the residents of San Luis Obispo County to acknowledge the urgency of food insecurity, to contribute generously to hunger relief, and to participate in a concerted effort to ensure that no child, adult, or senior goes hungry in our community.

Dated this 4th day of June, 2024
________________________
Ed Waage, Mayor
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
Meeting Date: June 4, 2024
TITLE:

Adoption of Meeting Minutes
RECOMMENDATION:

Adopt Minutes of the May 21, 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 May 21, 2024 Regular Joint Meeting Submitted by:

Erica Inderlied, City Clerk
City Manager Approval:

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DRAFT MINUTES
Pismo Beach City Council
Pismo Beach Public Financing Agency
Tuesday, May 21, 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 Agency of the City of Pismo Beach met this date in a regular session with Mayor/Chair Waage presiding.

CALL TO ORDER: 5:30 p.m.

1.ROLL CALL:

City Council:

Present: Absent:

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

Present: Absent:

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

Nadia Feeser, Administrative Services Director
Scot Graham, Community Development Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, City Manager
Dan Herlihy, Police Commander
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Mike James, Assistant City Manager
Other staff present as noted below

2.PLEDGE OF ALLEGIANCE
Public Works Director Fine 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: Recognizing May as California Tourism Month (Jackson)
Presented to Tourism and Events Director Jackson; Colleen Jimenez, Pismo Beach Hospitality Association; James Davison, Conference and Visitors Bureau Board / Lodging Business Improvement District Advisory Board Chair.

Item 4.B: Proclamation: Recognizing May 19–25, 2024 as National Public Works Week (Fine)
Presented to Public Works Director Fine; Public Works staff Ricky Blessing, Sean Campbell, Billy Haas, Erin Olsen, and Jake Smith.

Item 4.C: Presentation: APWA and ASCE Project of the Year for the Ocean Boulevard Improvement Project (Fine)
Presented to Public Works Director Fine.

5.PUBLIC COMMENT PERIOD
Call for public comment:

Donny Martin commented.

Jeff Chambers commented.

Brenda Auer commented.

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.

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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.

Mayor Pro Tem Reiss:

Chapman Estate Foundation Board.

Community Action Partnership San Luis Obispo (CAPSLO) Board.

Mayor Waage:

San Luis Obispo County Community Fire Safe Council.

9. CONSENT CALENDAR

Call for public comment: No comment.

Council Member Inman requested that Item 9.D: Residential Sidewalk Policy, be pulled for discussion.

Action: Adopt Consent Calendar.

Motion: Inman
Second: Reiss

Vote: The motion passed on the following vote (Items 9.A. 9.B, 9.C, 9.E, 9.F):

Ayes: 3 Inman, Reiss, Waage
Noes: 0

Absent: 2 Guthrie, Newton
Abstain: 0
Recused: 0

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

Recommendation:

Adopt Minutes of the May 7, 2024 Regular Joint and Closed Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for May 5, 2024;

2. Approve the Register of Demands for April 19, 2024, April 26, 2024 and May 3, 2024.

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

No action recommended; for information only.

Item 9.D: Residential Sidewalk Policy (Fine)
Recommendation:

Adopt a Resolution establishing a Residential Sidewalk
Development Policy.

Pulled from the Consent Calendar for discussion.

Item 9.E: Authorization of a Grant Application to the California Department of Housing and Community Development (HCD) for Funding under the Competitive Permanent Local Housing
Allocation (CPLHA) (Graham)
Recommendation:

Adopt a Resolution to (1) authorize the City to submit an application to the California Department of Housing and Community
Development (HCD) for $5,000,000 in funding under the Competitive Permanent Local Housing Allocation (CPLHA) and, if selected, authorize the Community Development Director to execute a Standard Agreement, any amendments thereto, and any related documents necessary to participate in the CPLHA Program.

Legislative Record: Resolution R-2024-029 adopted.

Item 9.F: Setting the Water Service Special Tax Rate for Fiscal Year 2024– 2025 at $227.52, and Approving Posting of Said Tax to the County Assessment Roll (Feeser)
Recommendation:

Adopt a Resolution approving the updated Engineer’s
Parcel/Equivalent Dwelling Unit (EDU) Table, setting the water service special tax rate for Fiscal Year 2024–2025 at $227.52, and approving posting of said tax to the County assessment roll per Government Code Section 50077(b).

Legislative Record: Resolution R-2024-030 adopted.

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10.ITEMS PULLED FROM CONSENT
Item 9.D: Residential Sidewalk Policy (Fine)
Recommendation:

Adopt a Resolution establishing a Residential Sidewalk Development Policy.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
Call for public comment: No comment.

Action: Adopt a Resolution establishing a Residential Sidewalk Development Policy.

Motion: Inman
Second: Reiss
Vote: The motion passed on the following vote:

Ayes: 3 Inman, Reiss, Waage
Noes: 0

Absent: 2 Guthrie, Newton
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2024-031 adopted.

11.PUBLIC HEARINGS
None.

12.BUSINESS ITEMS
Item 12.A: General Plan / Local Coastal Program (LCP) Status Update (Graham) Recommendation:

Receive a report on the status of the General Plan/Local Coastal Program Update and provide direction on the proposed method of moving the Update forward.

Presenting staff:

Scot Graham, Community Development Director
Jorge Garcia, City Manager
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Supplemental material submitted into the record.

Call for public comment:

Marilee Hyman commented.

Action: Provide staff with the following direction:

Proceed with the proposed methodology for moving the GP/LCP update forward, as outlined in staff’s report, including:
• Extracting the Safety Element from the GP/LCP Update and moving remainder of document forward for approval;
• Revising the Safety Element to include a neighborhood-based solution to coastal hazard policy development.

Motion: Inman
Second: Reiss

Vote: The motion passed on the following vote:

Ayes: 3 Inman, Reiss, Waage
Noes: 0

Absent: 2 Guthrie, Newton
Abstain: 0
Recused: 0

Item 12.B: Central Coast Blue Membership and Related Actions (Garcia)

Recommendation:

1. Direct staff to prepare and submit a request to the Central Coast Blue Regional Recycled Groundwater Authority (Authority) a formal request that the Pismo Beach Public Financing Agency be admitted as a member agency of the Authority;

2. Appoint the Public Financing Agency Board Vice-Chair as the Agency’s representative to the Authority Board, contingent on approval of the Agency’s membership;

3. Direct staff to work with current Authority staff to request that the Authority Board make a recommendation to the cities of Arroyo Grande and Grover Beach to amend the Joint Exercise of Powers Agreement (Agreement) as follows:
• Change the existing water purveyor contributions to reflect a contribution of 100% from the City of Pismo Beach, to reflect the withdrawal of the other city partner agencies;
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• Remove the provision that prohibits a member agency’s Attorney from serving as the Authority Attorney, in order to allow Pismo Beach’s City Attorney to serve as the Authority Attorney;

4. Direct staff to work with current Authority staff to request that the Authority Board adopt a resolution, contingent upon amendment of the Agreement to add the Pismo Beach Public Financing Agency as a member, appointing the following City of Pismo Beach staff as the new corporate officers of the Authority:
• General Manager: City Manager
• Authority Attorney: City Attorney
• Authority Treasurer: Administrative Services Director • Clerk of the Board: City Clerk;

5. Authorize the City Manager, acting as General Manager of the Authority, to execute an amendment to the Agreement providing that the cities of Arroyo Grande and Grover Beach be permitted to withdraw from the Authority as of June 30, 2024, in lieu of the 180-day waiting period prescribed by Section 8.2 of the Agreement;

6. Contingent upon the Authority Board’s actions with respect to the above items, direct staff to return thereafter with a joint meeting agenda item including the following:
• Acceptance of the Authority Board’s recommendation for amendments to the Agreement;
• Consideration of an Amendment to the Agreement, to formally effect the changes, including authorization for the City Manager / Executive Director to execute the Amendment;
• Consideration of a budget resolution allowing the City of Pismo Beach to reimburse the cities of Arroyo Grande and Grover Beach for the value of their respective shares of the real property held by the Authority;

7. Direct the City Manager / Executive Director to take any further administrative or executive steps necessary to keep the Authority operational during the departure of Arroyo Grande and Grover Beach and the addition of the Agency;

8. Direct staff to coordinate with current Authority staff and City of Grover Beach staff, as needed, to wind down the existing agreements between the Authority and Grover Beach for financial and IT services; and arrange for the transfer of the Authority’s records to Pismo Beach’s control;
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9. Direct staff continue to pursue the viability of the Central Coast Blue project on a mid- to long-term basis, exploring any available options.

Presenting staff:

Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager

Supplemental material submitted into the record.

Call for public comment:

Donny Martin commented.

Sheila Blake commented.

Action: Provide staff with the following direction:

2. Appoint the Public Financing Agency Board Vice-Chair as the Agency’s representative to the Authority Board, contingent on approval of the Agency’s membership;

3. Direct staff to work with current Authority staff to request that the Authority Board make a recommendation to the cities of Arroyo Grande and Grover Beach to amend the Joint Exercise of Powers Agreement (Agreement) as follows:
• Change the existing water purveyor contributions to reflect a contribution of 100% from the City of Pismo Beach, to reflect the withdrawal of the other city partner agencies;
• Remove the provision that prohibits a member agency’s Attorney from serving as the Authority Attorney, in order to allow Pismo Beach’s City Attorney to serve as the Authority Attorney;

• Clerk of the Board: City Clerk;

9. Direct staff continue to pursue the viability of the Central Coast Blue project on a mid- to long-term basis, exploring any available options.

Motion: Reiss
Second: Inman

Vote: The motion passed on the following vote:

Ayes: 3 Reiss, Inman, Waage
Noes: 0

Absent: 2 Guthrie, Newton
Abstain: 0
Recused: 0

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13.CITY COUNCIL COMMENTS AND REQUESTS
No action.

14.ADJOURNMENT
At 7:20 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B
Meeting Date: June 4, 2024
TITLE:

Payroll Register and Register of Demands
RECOMMENDATION:

1. Approve the Summary of Payroll Register for May 19, 2024;

2. Approve the Register of Demands for May 10, 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 6-4-2024 9.B-1
Packet Page 14

FOR PERIOD ENDING 05/19/24
CHECKS DATED 05/24/24

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557092-557095 4
ACH 136

EARNINGS
REGULAR 380,387.44
HOLIDAY 4,885.00
OVERTIME (Includes Comp Time Payouts)17,988.95
Administration 4.91
Building
Conference & Visitors Bureau
Police Department 14,239.80
Parking
Engineering
Fire
Recreation
Public Works 1,165.27
Water 1,501.17
Wastewater 1,077.80
Motor Vehicles
Subtotal-Overtime 17,988.95$
SALARY ADJUSTMENTS 416.99
TRAINING / UNIFORM ALLOWANCE 36.00
OTHER EARNINGS 12,834.80
$416,549.18

LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 37,709.10
FICA & MEDICARE 32,389.10
STATE INCOME TAX 14,605.56
STATE DISABILITY INSURANCE 4,449.30
GARNISHMENTS 479.99
HEALTH 4,110.91
SUPPLEMENTAL DISABILITY 1,509.21
SECTION 125 2,176.56
PERS 35,559.14
DEFERRED COMPENSATION 13,433.38
ADDITIONAL LIFE INSURANCE 327.80
UNION DUES 2,281.66
PISMO ATHLETIC CLUB 618.01
OTHER
NET PAYROLL $266,899.46
DIRECT DEPOSIT DEDUCTION 264,570.51
NET PAYROLL AFTER ACH DEPOSIT 2,328.95

SUMMARY PAYROLL REGISTER
Council Agenda 6-4-2024 9.B-2
Attachment 1
Council Agenda 6-4-2024
Packet Page 15

City of Pismo Beach
Final Disbursement List Check Date 05/10/2024

US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10002 Internal Revenue Service 103,677.99$ Federal Income Tax PD 05/10/24 ACH 11208 SEIU Local 620 AFL/CIO 898.62 SEIU Dues PD 05/10/24 ACH 11305 Public Employees Retirement System 75,306.36 PERS Retirement EE & ER PD 05/10/24 ACH 12211 CA. Public Emp Retirement Sys 118,195.75 Medical Insurance - May 2024 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 26,920.79 ICMA 457 Deferred Comp PD 05/10/24 ACH 12305 Franchise Tax Board 19,148.29 State Income Tax & SDI PD 05/10/24 ACH 12360 CalPERS 457 Plan 416.67 PERS 457 Deferred Comp PD 05/10/24 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA
725.00 ICMA Roth IRA PD 05/10/24
ACH 12944 Leaf 91.06 Monthly PD Copier Lease May 2024
ACH 14547 Quadient, Inc - Postage 1,000.00 Postage April 2024 129636 10434 Abalone Coast Analytical Inc 144.00 Water Analysis 129637 10695 AFLAC 3,108.22 Supplemental Disability Insurance - April 2024 129638 12275 Airgas West Inc 17.30 Helium Cylinder Rental 129639 12625 AT&T 9391083592 1,537.06 PD Migration Internet - 04/01/2024 - 04/30/2024 129640 14036 Big Wakoo Fence, Inc.24,665.00 780 Bello Fencing 129641 14827 John Robert Bledsoe 2,173.30 Background Investigation 129642 10028 Brisco Mill & Lumber Yard 398.85 Maintenance Supplies 129643 12098 Burke & Pace Lumber of Arroyo Grande 61.73 Maintenance Supplies 129644 13094 Cal-Coast Refrigeration Inc.3,486.88 Service & Maintenance PBVH 129645 14414 California State Disbursement Unit 461.53 Tax Withholding Order PD 05/10/24 129646 14771 California State Disbursement Unit 18.46 Tax Withholding Order PD 05/10/24 129647 12610 CalPortland Construction 1,447.46 Maintenance Supplies 129648 10085 Cannon Associates 33,416.50 James Way Beautification - March 2024 129649 10269 Carquest Auto Parts 62.92 Vehicle Maintenance 129650 12506 CCGC, Inc Attn: AR 637.00 Parking Annex Inspection - March 2024 129651 11451 Channel Islands Technology Integrators' Group 4,167.05 Quarterly Phishing Q2 2024 & Meraki Enterprise & Support 129652 13893 Charles P. Crowley Company, Inc 3,830.95 Odor Control on Addie St. 129653 14146 Pamela Ann Coslick 88.00 Instructor: Tae Kwon Do 4/3 - 4/24/24 #11353 129654 14202 Crisp Imaging 895.68 Archiving Building Plans/ Tract Map - 478 Hinds/ Office Supplies 129655 14313 Culligan/Santa Maria 1,278.13 Car Wash Filtration & Service/ Soft Water Tank/ Drinking Water April 2024
129656 12628 Dell Marketing LP 142.50 Computer Supplies 129657 12224 Delta Dental Of California 7,040.10 Dental Premiums - May 2024 129658 14217 Deltina Coffee Roasters 62.50 Coffee
129659 11222 Drive Customs 2,135.63 Vehicle Maintenance 129660 10746 Electricraft Inc.6,410.50 Fiber - Police Circuits & Service Call 129661 14375 Endurant Sports, LLC 1,385.00 Replacement Rescue Board - Lifeguards 129662 12123 Farm Supply 84.36 Maintenance Supplies
129663 14826 Michael Fisher 636.74 Minimized Scope of Work - Partial Refund B23-000635 129664 13846 Franchise Tax Board-Tax Withholding-2 50.00 Tax Withholding Order PD 05/10/24 129665 10398 Liliana Graham 569.60 Instructor: Ballroom-Latin Dance 4/1 - 4/29/24 #11360 129666 12455 Griffin Plumbing, Inc 2,998.00 Facilities & Parks Maintenance 129667 UB*01092 JANE HANSEN(T)145.25 Refund Check 018955-000, 350 STIMSON 129668 14043 Health & Human Resource Center, Inc.159.80 Employee Assistance Program June 2024 129669 11739 J.B. Dewar Incorporated 9,453.75 Diesel & Fuel Deliveries 4/19/24 129670 11828 Gordon Jackson 238.52 Reimb: Mileage IPW 5/3-5/8/24 129671 12525 JJ Fisher Construction 10,782.00 780 Bello Frontage - April 2024 129672 11833 Keylock Security Specialists 403.01 Facilities Maintenance 129673 10983 Brett Lebed 1,000.00 Release Encroachment Permit Bond - 260 Encanto 129674 10175 Life-Assist, Inc.1,296.07 Medical Supplies 129675 10656 LN Curtis & Sons 3,235.54 Equipment Maintenance 129676 14824 Ann Maliszewski 409.00 Deposit Refund: Chapman Event 4/13/24 129677 12279 McMaster Carr 61.72 Maintenance Supplies
129678 UB*01093 THOMAS MCNEILL 173.26 Refund Check 005024-000, 220 SANTA FE 129679 10097 Miners Hardware 1,005.15 Maintenance Supplies 129680 14405 Mission Linen Supply 3,500.77 Uniforms/Floor Mats/Towels - Police Apr 2024 129681 12406 Mosquito and Vector Management District 1,549.67 Mosquito Abatement Services: Jan - March 2024 129682 10039 New Times 471.00 Legal Advertising
129683 14343 ODP Business Solutions, LLC 171.57 Office Supplies 129684 10728 Oilfield Environmental & Compliance, Inc.2,768.50 Lab Analysis - March 2024 129685 12099 Pacific Petroleum Corp 1,940.55 Well Maintenance 129686 11202 Pavement Engineering, Inc.2,883.75 Paving Project ESDC - March 2024 129687 14550 Phillco 109.90 Soft Water - Station 63 & 64 May 2024 Attachment 2
Council Agenda 6-4-2024 9.B-3
Packet Page 16

129688 10633 Pismo Beach Athletic Club Inc 1,027.67 PBAC Dues collected for May 2024 129689 13613 Pismo Beach Veterinary Corp 786.67 Kylo Vet Bill - Physical/ Immunizations/ Bravecto/ Heartgard 129690 12022 Pismo Beach Police Officer's Association 1,378.96 POA Dues PD 05/10/24 129691 14701 Pre Con Industries 90,522.03 Police Dept. Parking Division Annex Building - March 2024 129692 14740 Premier Supply, LLC 112.06 Maintenance Supplies 129693 12335 Procare Janitorial Supply Inc 1,402.54 Janitorial Supplies 129694 10817 PRP Co Dba PRP Companies 1,979.18 Citations 129695 14794 Ruff Ruff Pet Products Inc 4,055.10 Dog Waste Bags 129696 11266 San Luis Auto Parts Inc 199.01 Vehicle Maintenance 129697 14338 Robert Santa Cruz 800.00 Band: Neighborhood Event 5/17/24 129698 13994 SBRK Finance Holdings, Inc.575.50 CivicPay IVR Transaction Fees Apr 2024 129699 11168 Sherwin-Williams 116.44 Parks Maintenance
129700 10913 Siteone Landscape Supply LLC 453.68 Parks Maintenance 129701 10533 SLO County Sheriff Department 534.94 CAD to CAD Services FY24 129702 12570 SLO Roasted Coffee 37.00 Coffee
129703 14099 Jeffrey Smith 307.00 M&IE: CPCA Annual Symposium 5/18-5/22/24 129704 12290 State Of California- EDD 10,305.00 Unemployment Insurance 1st Qtr 2024 129705 14757 Quincy Storm 680.00 Public Outreach Graphic Art & Design 129706 14072 Stresscrete, Inc.1,616.25 Pier Bollards 129635 14828 Sunnyvale Ford, Inc.45,168.45 Rec231 Ford Truck Transit Cargo Van 129707 12630 SWCA Environmental Consultants 2,289.25 Archaeological Monitoring Bello Street & Solar Way/ Pismo Lake - 4th Street Parcel Botanical Survey Apr 2024
129708 12387 Teledyne Instruments, Inc 788.73 WWTP Lab Supplies 129709 13097 The Standard 1,555.80 Life & Additional Life Insurance Premiums - May 2024 129710 11001 Toste Construction, Inc.10,290.00 Remove and Replace Damaged Asphalt - 900 Bello & Chumash Park Restriping
129711 12651 Chris Trimble 307.00 M&IE: CPCA Annual Symposium 5/18-5/22/24 129712 12228 Turf Star, Inc.1,465.41 Equipment Maintenance 129713 14115 Vanir Construction Mgmt, Inc.9,572.91 Safety Center CM - March 2024 129714 14034 Vital Records Holdings, LLC 182.83 Document Storage May 2024 129715 13073 VSP- Vision Service Plan (CA)1,685.64 VSP Vision Coverage May 2024 129716 12132 White Flag Pest Control Inc 355.00 Pest Control 129717 14823 Douglas Wiles 100.00 Hot Water Pump Rebate - 1807 Costa Brava 129718 UB*01071 YVONNE MEEKS TRUST 144.21 Refund Check 014167-000, 122 HERMOSA 129719 13305 Robert Cantrell 1,125.00 Deposit: Pier Centennial Band Performance Total:683,469.52$
Attachment 2
Council Agenda 6-4-2024 9.B-4
Packet Page 17

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.C
Meeting Date: June 4, 2024
TITLE:

Monthly Investment Transaction Report of the City’s Cash and Investments for April 2024 of Fiscal Year 2024
RECOMMENDATION:

No action recommended; for information only.

DISCUSSION:

This report updates the City Council on the City of Pismo Beach’s monthly transactions of the City’s investment portfolio for the month ending April 30, 2024. California State Government Code Section 53607 states that if the authority of the legislative body to invest or reinvest funds for the City is delegated to the City Treasurer, the City Treasurer shall make a monthly report of those transactions to the legislative body.

The attached report includes all transactions of the City’s investments managed by the City, including funds invested in various securities and the City’s pooled funds invested in various financial instruments.
Attachment 1 provides a summary of the City’s cash, investments, and monthly interest earnings based on book value as of April 30, 2024. Attachment 2 provides details on the investment transactions for the General Fund Reserve and City Pooled Funds A (for deferred capital projects), including: purchases or deposits; sales, maturities, calls or withdrawals; and interest earnings. Attachment 3 provides details of the monthly transactions by fund for City Pooled Funds B (for current year expenditures) for the month ending April 30, 2024.

FISCAL IMPACT:

No fiscal impact from the report itself—information only.

ATTACHMENTS:

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

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

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

Council Agenda 6-4-2024 9.C-1
Packet Page 18

City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned April 2024
Actual Year-to-
Date Interest
Earned Ending
4/30/2024 * Data Sources
General Fund Reserves US Bank CDs/GASs/Corp/
Muni Bonds

2.08% avg 7,658,980 24,654$ 133,569$ 1 City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ Muni Bonds/
US Treasury Note

3.00% avg 34,736,551 81,222 1,134,014 1 Total All Securities 42,395,531$ 105,876$ 1,267,583$ City Pooled Funds - B US Bank Custody 0.00%-$ 3,662$ 11,251$ 1 City Pooled Funds - B Local Agency Invest.

Fund
State Investment
Pool

4.30%5,263,562 - 512,639 2
City Pooled Funds - B US Bank Checking & Sweep 4.91%28,001,552 109,928 135,856 3 City Pooled Funds - B 33,265,113$ 113,589$ 659,747$ City Pooled Funds total A + B 68,001,664$ 194,812$ 1,793,761$ Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 Pier Project 588$ 2$ 596$ 4 Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 CREB's
Project
1,026 4 515 4
CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit
Trust Account
Various managed by
CalPERS
5,500,858$ -$ 496,152$ 5
TOTAL, Cash and Investments at April 30, 2024:81,163,116$ 219,472$ 2,424,593$ TOTAL for City Managed Portfolio, Cash and Investments:75,660,644$ 219,465$ 1,927,330$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly Customer Statement from US Bank
2 = Monthly statement from Local Agency Investment Fund 3 = Monthly reconciled bank statement from US Bank
4 = Monthly statement from Wilmington Trust
5 = Monthly statement from CalPERS Benefit Trust Account Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments Attachment 1
Packet Page 19

CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
April 30, 2024

INVESTMENT ACTIVITY

PURCHASES OR DEPOSITS
No Activity -$
Total -$

SALES, MATURITIES, CALLS OR WITHDRAWALS
No Activity -$
Total -$
ACTIVITY TOTAL -$

INTEREST REVENUE

GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 24,654$

POOLED INVESTMENTS
Interest Earned on Investments 81,222$
TOTAL INTEREST EARNED 105,876$
Data Source: Monthly Download of Transactions from US Bank Council Agenda 6-4-2024 9.C-3
Attachment 2
Packet Page 20

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:4/30/2024 Bank Account Description Bank ID
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Checking US Bank 13,782,202$ 4,615,143$ (5,503,444)$ 15,107,651$ -$ 28,001,552$ LAIF LAIF 20,033,457 230,104 - - (15,000,000) 5,263,562 Total all Bank Accounts 33,815,659$ 4,845,247$ (5,503,444)$ 15,107,651$ (15,000,000)$ 33,265,113$ Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Fund
General Fund 1001-10101 9,239,841 1,988,126 (3,391,695) -- 7,836,272 General Fund-Reserve 1001-10105 386,525 28,408 - - - 414,933 Half Cent Sales Tax Fund 1002 2,173,962 (99,923) - - - 2,074,040 Special Revenue Funds
Gas Tax Fund 2001 211,439 35,280 - - - 246,719
LTF - Streets 2002 271,667 2,060 (470) -- 273,256 PEG Access Fund 2003 94,534 438 - - - 94,972
Police Grant Fund 2004 148,780 (12,496) - - - 136,284 Housing In Lieu Fund 2005 114,452 2,689 - - - 117,141 LBID Fund 2006 2,286,736 215,422 (76,442) -- 2,425,716 Chapman House 2007 68,601 3,208 (9,052) -- 62,757 Capital Projects Funds
Capital Projects Fund 3001 633,533 1,620,024 (1,474,916) -- 778,641 Public Facilities Fund 3002 891 7 - - - 898
Park Development Fund 3003 313,421 41,266 - - - 354,687 Circulation Fund 3101 539,468 23,428 - - - 562,895
Development Impact Fee Fund 3102 76,392 43,471 - - - 119,863 Developer Impact Fee Fund 3103 169,601 1,403 - - - 171,005 Underground Utility Fund 3201 16,767 139 - - - 16,906 Council Agenda 6-4-2024 9.C-4
Attachment 3
Packet Page 21

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 4/30/2024 Fund Description Fund #
Beginning
Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
Debt Service Funds
Public Finance Authority Fund 4001 -- - - - -
Public Finance Authority Fund 4002 -- - - - -
Freeway Foothills AD Fund 4101 776 6 - - - 782 Spyglass AD Fund 4102 12,915 107 - - - 13,022
Indio-El Portal AD Fund 4112 750 6 - - - 756
Visalia Street AD Fund 4113 5,182 439 - - - 5,621 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 4,302,001 462,608 (98,874) -- 4,665,734 Water Construction Fund 6103 847,244 31,933 (43,334) -- 835,842 Water Expansion Fund 6104 892,753 46,999 - - - 939,752 Wastewater Enterprise Fund 6201 432,848 569,765 (247,912) -- 754,700 Wastewater Construction Fund 6202 1,660,830 27,612 (14,531) -- 1,673,911 Wastewater Expansion Fund 6203 2,036,862 80,981 - - - 2,117,843 LTF - Transit Fund 6301 28,661 237 - - - 28,898
Pier Operations Fund 6401 (3,271) 2,013 (20,391) -- (21,649) Parking Fund 6501 2,255,525 (744,663) (29,730) -- 1,481,132 Internal Service Funds
Technology Service Fund 7101 170,445 124,809 (92,833) -- 202,421 Motor Vehicle Fund 7201 2,967,904 167,249 (45,499) -- 3,089,654 Trust & Agency Funds
SLO County TMD 8201 93,457 153,673 (101,097) -- 146,033 Control Funds
Payroll Control Fund 9301 1,173,551 1,602 182,651 -- 1,357,805 Interest Control Fund 9302 17,929 91,999 - - - 109,928 Utility Billing Control Fund 9304 172,688 3,256 - - - 175,944 M/R Control Fund 9305 -- - - - -
Total all cash funds 33,815,659 4,913,580 (5,464,126) -- 33,265,113 Council Agenda 6-4-2024 9.C-5
Attachment 3
Packet Page 22

INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 0 - - - - 0 General Fund - CD's 1001-10404 6,605,033 - - - - 6,605,033 General Fund - Fed Agency 1001-10405 4,049,000 - - - - 4,049,000 GF - Half Cent Sales Tax CD's 1002-10404 735,000 - - - - 735,000 GF - Half Cent Sales Tax Fed Age1002-10405 500,000 - - - - 500,000 GF - Half Cent Sales Tax Mny Mk 1002-10108 0 - - - - 0 GF Reserve Money Mkt Cash 1001-10109 0 - - - - 0 GF Reserve - CD's 1001-10403 3,182,967 - - - - 3,182,967 GF Reserve - Fed Agency 1001-10402 2,208,000 - - - - 2,208,000 GF Reserve - Building 1001-10406 202,000 - - - - 202,000 GF Reserve - Building - Federal A1001-10146 298,000 - - - - 298,000 GF Reserve - Risk Mgmt - CD's 1001-10407 150,000 - - - - 150,000 GF Reserve - Risk Mgmt - Fed Ag1001-10140 50,000 - - - - 50,000 GF Corp Bond - Pooled 1001-10141 529,143 - - - - 529,143 GF Corp Bond - Reserve 1001-10145 500,000 - - - - 500,000 GF Municipal Bonds Pooled 1001-10142 897,022 - - - - 897,022 GF Municipal Bonds Reserve 1001-10143 1,018,013 - - - - 1,018,013 Risk Mgmt Muni Bonds Reserve 1001-10144 50,000 - - - - 50,000 Half Cent Sales Tax - Pooled 1002-10141 - - - - - - Half Cent Sales Tax - Muni Bond 1002-10142 - - - - - - GF CREB's Fiscal Agent 1001-10515 (0) - - - - (0) GF Treasury Note 1001-10410 6,003,991 - - - - 6,003,991 Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 (0) - - - - (0) Housing In Lieu Fund 2005-10404 385,000 - - - - 385,000 Housing In-Lieu Fed Agencies 2005-10405 140,000 - - - - 140,000 Housing In-Lieu Treasury Note 2005-10410 - - - - - - Capital Projects Funds
Park Develop. Fund Mny Mkt 3003-10108 - - - - - - Park Development Fund 3003-10404 - - - - - - Park Develop Federal Agencies 3003-10405 - - - - - - Circulation Fees Mny Mkt 3101-10108 - - - - - - Circulation Fees 3101-10404 - - - - - - Develop. Impact Fee Mny Mkt 3102-10108 0 - - - - 0 Development Impact Fee Fund 3102-10404 245,000 - - - - 245,000 Impact Fees Federal Agencies 3102-10405 - - - - - - Council Agenda 6-4-2024 9.C-6
Attachment 3
Packet Page 23

INVESTMENTS
Debt Service Funds
Public Fin Fiscal Agent-Pier 4002-10510 586 2 - - - 588 Public Fin Fiscal Agent-CREBs 4002-10515 1,021 4 - - - 1,026 Visalia Street CD's 4113-10404 100,000 - - - - 100,000 Enterprise Funds
Water Fund Money Mrkt Csh 6101-10108 0 - - - - 0 Water Fund CD's 6101-10404 735,000 - - - - 735,000 Wtr Fund Federal Agencies 6101-10405 2,155,000 - - - - 2,155,000 Wtr Fund Corp Bond - Pooled 6101-10141 - - - - - - Water Fund Treasury Note 6101-10410 1,000,000 - - - - 1,000,000 Water Construction Money Mkt 6103-10108 (0) - - - - (0) Water Construction 6103-10404 504,363 - - - - 504,363 Wastewater Fund Money Market C6201-10108 0 - - - - 0 Wastewater Fund CD's 6201-10404 490,000 - - - - 490,000 Wastewater Fund Fed Agencies 6201-10405 2,100,000 - - - - 2,100,000 WWtr Fund Corp Bond - Pooled 6201-10141 1,062,000 - - - - 1,062,000 WWtr Fund Treasury Note 6201-10410 1,000,000 - - - - 1,000,000 Parking Enterprise Money Mrkt 6501-10108 (0) - - - - (0) Parking Fund Corp Bond-Pooled 6501-10141 500,000 - - - - 500,000 Parking Enterprise 6501-10404 1,225,000 - - - - 1,225,000 Parking Fund Federal Agencies 6501-10405 1,750,000 - - - - 1,750,000 Parking Fund Treasury Note 6501-10410 - - - - - - Internal Service Funds
MVR Fund Money Mrkt Csh 7201-10108 0 - - - - 0 MVR Fund CD's 7201-10404 1,526,000 - - - - 1,526,000 MVR Fund Federal Agencies 7201-10405 500,000 - - - - 500,000 CalPers Benefit Trust
OPEB Trust Account 8101-10408 5,500,858 - - - - 5,500,858 Total all Investments 47,897,996$ 7$ -$ -$ -$ 47,898,003$ Total all Funds 81,713,656$ 4,913,586$ (5,464,126)$ -$ -$ 81,163,116$ Council Agenda 6-4-2024 9.C-7
Attachment 3
Packet Page 24

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D
Meeting Date: June 4, 2024
TITLE:

Fiscal Year 2025 Appropriations Limit (Gann Limit)
RECOMMENDATION:

Adopt a Resolution accepting the Fiscal Year 2025 Appropriations Limit for the City of Pismo Beach.

DISCUSSION:

The California State Constitution requires that government entities calculate and adopt an appropriations limit each year to ensure that expenses don't grow greater than allowed by law.

California Constitution Article 13B, Section 1 provides that “The total annual appropriations subject to limitation of the State and each local government in the Constitution of the State of California, Article 13B Government Spending Limitation, shall not exceed the appropriations limit of the entity of government for the prior year adjusted for the change in the cost of living and the change in population, except as otherwise provided in this article.”
The Council set the Appropriations Limit for Fiscal Year (FY) 2024 at $32,985,168. In a letter dated April 30, 2024, the State Department of Finance (Attachment 2) informed all cities that the percentage change in the California Per Capita Personal Income that can be used for the “change in the cost of living” factor for FY 2025 is 3.62%, that the percent change in Pismo Beach’s population to be used for FY 2025 shall be a -0.29% decrease (from 7,869 to 7,846), and that the percent change in San Luis Obispo County’s population to be used for FY 2025 is a 1.06% increase. Adjusting the FY 2024 Appropriations Limit by the above percentage changes in California Per Capita Personal Income, and in the San Luis Obispo County population, yields an Appropriations Limit of $34,542,433 for FY 2025 (see calculations, Attachment 1A).

The FY 2025 appropriations that are subject to this Limit amount to $28,290,177, which is below the FY 2025 Appropriations Limit of $34,542,433 by $6,252,256.

Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) to approve the Gann Limit for FY 2025.

FISCAL IMPACT:

None, as FY 2025 appropriations subject to Gann Limit are below the calculated Gann Limit.

Council Agenda 6-4-2024 9.D-1
Packet Page 25

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Appropriations Limit Calculation Worksheet

2. April 30, 2024 Letter from State Dept of Finance Price and Population Letter Submitted by: Nadia Feeser, Administrative Services Director City Manager Approval:

Council Agenda 6-4-2024 9.D-2
Packet Page 26

RESOLUTION NO. R-2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ACCEPTING THE FISCAL YEAR 2025 APPROPRIATIONS LIMIT FOR

THE CITY OF PISMO BEACH
WHEREAS, Article XIII-B of the California Constitution provides that the total annual appropriations subject to limitation of each governmental entity shall not exceed the Appropriations Limit of such governmental entity for the prior year, adjusted for changes in population and inflation as mandated by Proposition 4 (commonly called the “Gann Limit”), passed in November 1979, and Proposition 111, passed in June 1990, except as otherwise provided for in said Article XIII-B and implementing State statutes; and WHEREAS, pursuant to Article XIII-B of said California Constitution, and Section 7900 et seq. of the California Government Code, the City is required to set its Appropriations Limit for each fiscal year; and
WHEREAS, the State Department of Finance has provided the required information on the change in California Per Capita Personal Income and on the change in population for the County of San Luis Obispo to be used for adjusting the FY 2024 Appropriations Limit to calculate the FY 2025 Appropriations Limit; and
WHEREAS, the City has used the change in California Per Capita Personal Income and change in San Luis Obispo County population data provided by the State Department of Finance on April 30, 2024 to calculate the FY 2025 Appropriations Limit, and, pursuant to Section 7910 of California Government Code, has made available to the public the documentation used to calculate the FY 2025 Appropriation Limit (provided as Exhibit A).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach that said Appropriation Limit for Fiscal Year FY 2025 shall be set in the amount of $34,542,433.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Council Agenda 6-4-2024 9.D-3
Attachment 1
Packet Page 27

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
Council Agenda 6-4-2024 9.D-4
Attachment 1
Packet Page 28

City of Pismo Beach
Appropriations Limit Calculation Worksheet
For
Fiscal Year 2024-2025
FY 2024 Appropriations Subject to Limit 27,800,754$

APPROPRIATION LIMIT CALCULATION
Item #
1 FY 2024 Appropriation Limit 32,985,168$
2 Population Factor - San Luis Obispo County X 1.010626368 3 Subtotal =33,335,681$
4 California Per Capita Personal Income Factor X 1.0362000 5 Total Adjustment %X 1.0472110
6 FY 2025 APPROPRIATION LIMIT (3) X (4)34,542,433$
7 Annual Adjustment in Dollars (1) X (5)1,557,264$
8 FY 2025 Appropriations Subject to Limit 28,290,177$
9 Over (Under) Limit (6,252,256)$
Council Agenda 6-4-2024 9.D-5
Attachment 1.A
Packet Page 29

April 30, 2024
Dear Fiscal Officer:

Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments.

Each local jurisdiction must use their percentage change in population factor for January 1, 2024, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2024-25. Attachment A provides the change in California’s per capita personal income and an example for utilizing the factors to calculate the 2024-25 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit. Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2024. Please note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.
/s Richard Gillihan

RICHARD GILLIHAN
Chief Operating Officer
Attachment
Council Agenda 6-4-2024 9.D-6
Attachment 2
Packet Page 30

May 2024
Attachment A
A.Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2024-25 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2024-25 3.62
B.Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2024-25 appropriation limit.
2024-25:

Per Capita Cost of Living Change = 3.62 percent
Population Change = 0.17 percent
Per Capita Cost of Living converted to a ratio: 3.62 + 100 = 1.0362 100
Population converted to a ratio: 0.17 + 100 = 1.0017
100
Calculation of factor for FY 2024-25: 1.0362 x 1.0017 = 1.0379 Council Agenda 6-4-2024 9.D-7
Attachment 2
Packet Page 31

Fiscal Year 2024-25
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2023 to January 1, 2024 and Total Population, January 1, 2024 County
City
Percent Change
23-24
---Population Minus Exclusions ---
1-1-23 1-1-24
Total
Population
1-1-24
San Luis Obispo
Arroyo Grande
Atascadero
El Paso De Robles
Grover Beach
Morro Bay
Pismo Beach
San Luis Obispo
Unincorporated
-0.54
-0.15

0.37 -0.49
-0.52
-0.29

0.90 -0.42
18,039
29,278
30,792
12,542
10,315
7,869
48,249
118,457
17,941
29,233
30,907
12,481
10,261
7,846
48,684
117,954
17,941
30,279
30,907
12,481
10,261
7,846
48,684
120,070
County Total -0.08 275,541 275,307 278,469
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

Council Agenda 6-4-2024 9.D-8
Attachment 2
Packet Page 32

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.E
Meeting Date: June 4, 2024
TITLE:

Calling November 5, 2024 General Municipal Election; Request to Board of Supervisors for Consolidation
RECOMMENDATION:

DISCUSSION:

A General Municipal Election will be held in the state of California on November 5, 2024.

As a city that does not conduct standalone elections, Pismo Beach requests consolidation with San Luis Obispo County's Consolidated General Election activities in every even- numbered year.

In 2024, the City of Pismo Beach will hold an election for a Mayor for a two-year term, and two City Council Members for a four-year term, all elected by and from among the City's registered voters, to represent the City as a whole. The formal nomination period for candidates will run from July 15 through August 9, 2024, and the filing deadline will be extended to August 14, 2024 for non-incumbents, if an incumbent does not file.

Calling the Election; Requesting Consolidation
The Resolution provided as Attachment 1 calls the election in accordance with California Elections Code. The Resolution provided as Attachment 2 requests that the Board of Supervisors direct the County Clerk-Recorder's Office Elections Division to consolidate the City's 2024 General Elections activities. Services provided by the County in a consolidated election include ballot creation, printing, mailing, collection, and counting, voter registration, and polling site operation. The City’s request for consolidation commits to reimbursing the County for its costs associated with consolidation.

Runoff Election Provision
Section 7 of the Resolution calling the election (Attachment 1) says that the City shall hold a Special Runoff Election in the event two or more candidates for any seat are tied for the highest number of votes. Should the Council not wish to resolve a tie vote with a runoff election, it may direct staff to remove this provision, in which case such a tie would be resolved by a coin flip or other random method, in accordance with Elections Code §15651(a).

Council Agenda 6-4-2024 9.E-1
Packet Page 33

Candidate Statement Regulations
In June 2018, concurrent with the calling of the election to be held in November of that year, the City Council adopted Resolution R-2018-042 (Attachment 3) setting the City’s Candidate Statement Regulations. This policy provides, among other things, that candidate statements may not exceed 200 words in length, and that the candidate is responsible for paying for the full cost of printing their statement in the County’s Voter Information Guide. At this time, staff does not recommend any further revisions to this policy. Should the Council wish to make revisions, however, it may direct staff to return with a revised policy at the next available meeting.

Conclusion and Recommendation
Staff recommends that the City Council adopt Resolutions calling the November 2024 General Municipal Election and authorizing a runoff election in the event of a tie (Attachment 1), and requesting San Luis Obispo County's election consolidation services (Attachment 2).

FISCAL IMPACT:

The adopted Fiscal Year 2025 budget includes estimated 2024 election costs of $22,000.

The most recent estimated of the cost of this election is $24,215. The actual cost to the City of the election, including County costs that are reimbursed by the City, will depend upon on the number of individuals who file for candidacy, and the number of registered voters in Pismo Beach, among other factors. Once the actual cost of the election is determined, staff will return to the Council at a future date to appropriate funding to cover any shortfall.

ATTACHMENTS:

1. Resolution calling the election

2. Resolution requesting County consolidation

3. R-2018-042 establishing existing candidate statement regulations Submitted by: Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 6-4-2024 9.E-2
Packet Page 34

RESOLUTION NO. R-2024-XXX

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

CALIFORNIA CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION

OF CERTAIN OFFICERS AS REQUIRED BY THE LAWS OF THE STATE OF

CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 5, 2024 for the election of Municipal Officers.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Pismo Beach, California, on Tuesday, November 5, 2024 a General Municipal Election for the purpose of electing a Mayor for the full term of two (2) years, and two (2) Members of the City Council for the full term of four (4) years.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate with the San Luis Obispo County Clerk-Recorder to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the voting sites for the election shall be open at such hours and on such days as determined by the San Luis Obispo County Clerk Recorder (Registrar of Voters), provided that the opening and closure of voting sites is conducted in accordance with Sections §10242, §14401 and §14212 of the Elections Code of the State of California.

SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the San Luis Obispo County Council Agenda 6-4-2024 9.E-3
Attachment 1
Packet Page 35

Clerk-Recorder, the City Council, in accordance with Elections Code §15651(b), shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.

SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

RESOLUTION NO. R-2024-XXX

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

CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF

SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE, PURSUANT TO ELECTIONS CODE SECTION 10403 WHEREAS, the City Council of the City of Pismo Beach has adopted Resolution R-2024- XXX, calling a Municipal Election to be held on November 5, 2024 for the purpose of electing a Mayor for the full term of two (2) years, and two (2) Members of the City Council for the full term of four (4) years; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General election to be held on the same date and that within the city the precincts, polling places/voting sites and election officers of the two elections be the same, and that the elections division of San Luis Obispo County canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of Elections Code Section 10403, the Board of Supervisors of San Luis Obispo County is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024 for the purpose of electing a Mayor for the full term of two years, and two Members of the City Council for the full term of four years.

SECTION 2. That the San Luis Obispo County Clerk-Recorder Elections Division is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election, pursuant to Elections Code Section 10418.

SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Elections Division to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. That the City of Pismo Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs upon presentation of a properly-submitted bill.

Council Agenda 6-4-2024 9.E-5
Attachment 2
Packet Page 37

SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the San Luis Obispo County Elections Division.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Council Agenda 6-4-2024 9.E-7
Attachment 3
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Council Agenda 6-4-2024 9.E-8
Attachment 3
Packet Page 40

Council Agenda 6-4-2024 9.E-9
Attachment 3
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.F
Meeting Date: June 4, 2024
TITLE:

Authorization for Change Order #4 with Jack Handley Construction and Notice of Completion for the Chapman Estate ADA Restroom Remodel and Addition Project RECOMMENDATION:

1. Adopt a Resolution authorizing the City Manager to execute Change Order #4 with Jack Handley Construction Services in the amount of $252,033.26 and appropriating related budget adjustments;

2. Accept the Chapman Estate ADA Restroom Remodel and Addition Project as complete;

3. Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the project.

DISCUSSION:

On January 17, 2023, the City Council awarded a contract to Jack Handley Construction Services (Jack Handley) for the construction of an ADA Restroom at the Chapman Estate.

Over the course of construction, several issues arose increasing the scope of work. On May 15, 2023 Change Order #1 was executed under the City Manager’s Authority with Jack Handley adding 40 working days to the contract time due to an extended lead time on obtaining doors and floor tiles. On August 1, 2023, Council authorized Change Order #2 to address three existing gas lines that were leaking and needed to be repaired or abandoned, the replacement of the sewer line, and dry rot repairs. This work was to be completed on a time-and-material basis. On April 19, 2024, Change Order #3 was executed under the City Manager’s authority to address the cost of the gas leak investigation, sewer lines investigation, concrete flatwork, a new furnace, and drywall not covered by Change Order #2.

Additional was work was completed by Jack Handley under a work directive on a time and material basis to install the sewer lateral, electrical service improvements, plumbing, new awning, wall painting, window floor tiles, roof penetrations and wall insulation.

Construction of the project is now complete, and the contractor has provided their documentation of the actual cost of the added work. The total cost of the proposed Change Order #4 is $252,033.26. This will bring the total construction contract amount to $745,394.41.

Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute Change Order #4 (Attachment 1.A) to the existing Jack Handley construction contract. Jack Handley has completed the contracted services, and the Chapman Estate ADA Restroom Remodel and Addition Project has been completed in Council Agenda 6-4-2024 9.F-1
Packet Page 42

accordance with the plans, specifications, and contract documents. Staff also recommends that the City Council accept the project as complete and authorize the Notice of Completion (Attachment 2) to be recorded at the County Clerk’s office.

FISCAL IMPACT:

The fiscal impact of adopting the attached Resolution and approving Change Order #4 is an additional $252,033.26 from the Chapman Estate Fund. The current Fiscal Year 2024 budget is $856,670.48 in the Chapman Estate Fund of which $637,683.65 has been spent or encumbered for the ADA Restroom Remodel and the Addition project. The budget also included funds for the window replacement at the Chapman Estate. Because the windows are no longer being donated, that part of the project is not moving forward and those funds are available to support the ADA Restroom Remodel and Addition project.

Based on the remaining available budget of $226,961.82, an additional $252,033.26 for Change Order #4 will exceed the budget by $25,071.44. In order to close the shortfall, due to projected operating cost savings in the Chapman Estate Fund, staff recommends decreasing the General Fund transfer to the Chapman Estate Fund for operations by $25,072 and increasing the General Fund transfer to the Chapman Estate ADA Restroom Remodel and Addition project by $25,072, for a net fiscal impact across all funds of $0.

The following table illustrates the FY 2024 available budget for Chapman Estate Improvements, the proposed Jack Handley Change Order #4, the budget shortfall, proposed General Fund transfer, and the remaining budget surplus.

Project Funding
FY 2024 Available Budget for Chapman Improvements $226,961.82 Proposed FY 2024 Costs
Proposed Jack Handley Change Order #4 $252,033.26
Budget Surplus/ (Shortfall) $(25,071.44)
General Fund transfer $25,072.00
Remaining Budget Surplus (Shortfall) $0.56
ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Proposed Jack Handley Change Order #4

2. Notice of Completion
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 6-4-2024 9.F-2
Packet Page 43

RESOLUTION NO. R-2024-XXX

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

CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER #4 WITH JACK HANDLEY CONSTRUCTION SERVICES IN THE AMOUNT OF $252,033.26 AND APPROPRIATING RELATED BUDGET ADJUSTMENTS WHEREAS, on January 17, 2023 the City Council awarded a contract to Jack Handley Construction Services (Jack Handley) for the construction of an ADA Restroom at the Chapman Estate; and
WHEREAS, over the course of construction, several issues arose increasing the scope of work resulting in Change Order #1 (issued May 15, 2023 under the City Manager’s Authority); Change Order #2 (issued August 1, 2023 by the City Council); and Change Order #3 (issued on April 19, 2023 under the City Manager’s authority); and WHEREAS, additional was work was completed by Jack Handley under a work directive on a time and material basis to install the sewer lateral, electrical service improvements, plumbing, new awning, wall painting, window floor tiles, roof penetrations and wall insulation; and
WHEREAS, construction of the project is now complete, and the contractor has provided their documentation of the actual cost of the added work.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Change Order #4 (Exhibit A) with Jack Handley Construction Services in the amount of $252,033.26.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates an additional $25,072 in the Chapman Estate Fund Chapman House Improvements project capital outlay-building account, appropriate an additional $25,072 transfer from the General Fund to the Chapman Estate Fund, and de-appropriate $25,072 of the General Fund operating transfer to the Chapman Estate Fund, all in Fiscal Year 2024.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Council Agenda 6-4-2024 9.F-3
Attachment 1
Packet Page 44

No 4
Project:

Date of Issuance
Contractor:
floor tile, roof penetrations, wall insulation, and general requirements Change in Contract Price
Original Contract Price:
$80 days
No.1 to No.1 to
No.3 No.3
$40 Days
Contract Time Prior to this Change Order:
$120 days
Net change of this Change Order:
$64 days
$184 days
Recommended:
by
Recommended:
by
Daniel Contreras
Capital Projects Manager
Approved:Approved:Approved:

Benjamin A. Fine, P.E.Jorge E. Garcia Contractor
Director of Public Works/City Manager
City Engineer

CHANGE ORDER
(Instructions Follow)
Jack Handley Construction
Chapman Estate ADA Bathroom Project
You are directed to make the following changes in the Contract Documents.

Description:Additional Extra Work at the Direction of Engineer Purpose of Change Order:Increase budget for extra work at direction of City Engineer for additional sewer lateral installation, electrical service improvements, plumbing, new awning, wall painting, window Attachments: (List documents supporting change)
Change in Contract Time:
327,950.00 Original Contract Time:

Previous Change Orders:Previous Change Orders:

Contract Time with all approved Change Orders:
745,394.41
The amount and time provided in this contract change order are a full and final accord and satisfaction of all costs and time directly and indirectly related and all other claims related hereto are herby waived. The Contractor has reviewed the plans and specifications related to this change order and all changes thereto are accounted for in the attachment labeled "Attachment A". 165,411.15
Contract Price Prior to this Change Order
493,361.15
Net increase (decrease) of this Change Order
252,033.26
Contract Price with all approved Change Orders
Council Agenda 6-4-2024 9.F-5
Attachment 1.A
Packet Page 46

No 5.2
Project:

Date of Issuance
Contractor:Jack Hanley Construction
Install Sewer Lateral to Sewer Main
Verify that sewer system is intact and serviceable
Attachments: (List documents supporting change)
$139,840.21 11 days
Recommended:Authorized:
by by
Daniel Contreras Benjamin A. Fine, P.E.

Title:Capital Projects Manager City Engineer/Director of Public Works If the change involves an increase, the
estimated amount is not to be exceeded
without further authorization.

If the change involves an increase, the
estimated time is not to be exceeded without
further authorization.

Method of determining
change in Contract Price:

Method of determining
change in Contract Time
Estimated increase
(decrease) in Contract Price
Estimated increase
(decrease) in Contract Time
You are directed to make the following change(s):

If a claim is made that the above change(s) have affected Contract Price or Contract Time, any claim for a Change Order based theron will involve one of the following methods of determining the effect of the change(s).

Purpose of Work Directive Change:

WORK DIRECTIVE CHANGE
Contractor's T& M work sheet
(Instructions Follow)
Chapman Estates ADA Restroom Remodel & Addition
May 13, 2024
Description:Excavate and install 4" sewer lateral, pave pipe trench in street, and restore landscaping from 11/13 to 12/27 Time and Materials
Unit Prices
Cost plus fixed fee
Other:_____________________________
Engineer's Records
Contractor's Records
Other _______________________________
DocuSign Envelope ID: A05E810E-A0F2-4B34-A154-4FA235D08514 Council Agenda 6-4-2024 9.F-6
Attachment 1.A
Packet Page 47

No 10 rev 2
Project:

Date of Issuance
Contractor:Jack Hanley Construction
Extend general requirements contract bid item No. 1
This WD will provide for additional cost under general requirements which includes support from home office and project management to cover the contract time extension for one month Basis for supporting change: The schedule of values for General Requirements is $37,850 for a four month project duration. The monthly value $9,462.50 n/a days
Recommended:Authorized:
by by
Daniel Contreras Benjamin A. Fine, P.E.

Title:Capital Projects Manager City Engineer/Director of Public Works You are directed to make the following change(s):

Purpose of Work Directive Change:

WORK DIRECTIVE CHANGE
is $37,850/4 months = $9462.5/month. With a one month extension, the total is $9,463.50. (Instructions Follow)
Chapman Estates ADA Restroom Remodel & Addition
May 13, 2024
Description:The contractor's schedule of values has general requirements at 37,850 for a four month project duration If the change involves an increase, the
estimated amount is not to be
exceeded without further authorization.

If the change involves an increase, the
estimated time is not to be exceeded
without further authorization.

Method of determining
change in Contract Price:

Method of determining
change in Contract Time
Estimated increase
(decrease) in Contract Price
Estimated increase
(decrease) in Contract Time
Time and Materials
Unit Prices
Cost plus fixed fee
Other:_____________________________
Engineer's Records
Contractor's Records
Other _______________________________
DocuSign Envelope ID: A05E810E-A0F2-4B34-A154-4FA235D08514 Council Agenda 6-4-2024 9.F-7
Attachment 1.A
Packet Page 48

No 12
Project:

Date of Issuance
Contractor:Jack Hanley Construction
Install Building Wall Insulation
Because of a changed site condition, water intrusion and mold was discovered after the demolition of interior sheet rock. New wall insulation is required to meet title 24 energy requirements.

Attachments: (List documents supporting change)
$7,561.06 4 days
Recommended:Authorized:
by by
Daniel Contreras Benjamin A. Fine, P.E.

Title:Capital Projects Manager City Engineer/Director of Public Works You are directed to make the following change(s):

Purpose of Work Directive Change:

WORK DIRECTIVE CHANGE
Contractor's T& M work sheet
(Instructions Follow)
Chapman Estates ADA Restroom Remodel & Addition
May 13, 2024
Description:Install R15 batt insulation in exterior wall cavities If the change involves an increase, the
estimated amount is not to be
exceeded without further authorization.

If the change involves an increase, the
estimated time is not to be exceeded
without further authorization.

Method of determining
change in Contract Price:

Method of determining
change in Contract Time
Estimated increase
(decrease) in Contract Price
Estimated increase
(decrease) in Contract Time
Time and Materials
Unit Prices
Cost plus fixed fee
Other:_____________________________
Engineer's Records
Contractor's Records
Other: Lowest quote
DocuSign Envelope ID: A05E810E-A0F2-4B34-A154-4FA235D08514 Council Agenda 6-4-2024 9.F-8
Attachment 1.A
Packet Page 49

No 14
Project:

Date of Issuance
Contractor:Jack Hanley Construction
Install flashing at roof penetrations.

The project plans did not show the roof penetrations and related details.

Attachments: (List documents supporting change)
$4,622.95 4 days
Recommended:Authorized:
by by
Daniel Contreras Benjamin A. Fine, P.E.

Title:Capital Projects Manager City Engineer/Director of Public Works You are directed to make the following change(s):

Purpose of Work Directive Change:

WORK DIRECTIVE CHANGE
Contractor's T& M work sheet
(Instructions Follow)
Chapman Estates ADA Restroom Remodel & Addition
May 13, 2024
Description:At exhaust vents, bathroom sanitary vents, and heater vent, provide metal flashing at roof penetrations If the change involves an increase, the
estimated amount is not to be
exceeded without further authorization.

If the change involves an increase, the
estimated time is not to be exceeded
without further authorization.

Method of determining
change in Contract Price:

Method of determining
change in Contract Time
Estimated increase
(decrease) in Contract Price
Estimated increase
(decrease) in Contract Time
Time and Materials
Unit Prices
Cost plus fixed fee
Other:_____________________________
Engineer's Records
Contractor's Records
Other:____________________________
DocuSign Envelope ID: A05E810E-A0F2-4B34-A154-4FA235D08514 Council Agenda 6-4-2024 9.F-9
Attachment 1.A
Packet Page 50

No 15
Project:

Date of Issuance
Contractor:Jack Hanley Construction
Install water heater and additional ceiling support
and access to heater.

The project plans did not provide for a water heater to serve the kitchen and bathrooms.

Attachments: (List documents supporting change)
$9,172.53 4 days
Recommended:Authorized:
by by
Daniel Contreras Benjamin A. Fine, P.E.

Title:Capital Projects Manager City Engineer/Director of Public Works You are directed to make the following change(s):

Purpose of Work Directive Change:

WORK DIRECTIVE CHANGE
Contractor's T& M work sheet
(Instructions Follow)
Chapman Estates ADA Restroom Remodel & Addition
May 13, 2024
Description:Water heater for kitchen and bathroom is relocated in drop ceiling above kitchen.

If the change involves an increase, the
estimated amount is not to be
exceeded without further authorization.

If the change involves an increase, the
estimated time is not to be exceeded
without further authorization.

Method of determining
change in Contract Price:

Method of determining
change in Contract Time
Estimated increase
(decrease) in Contract Price
Estimated increase
(decrease) in Contract Time
Time and Materials
Unit Prices
Cost plus fixed fee
Other:_____________________________
Engineer's Records
Contractor's Records
Other:____________________________
DocuSign Envelope ID: A05E810E-A0F2-4B34-A154-4FA235D08514 Council Agenda 6-4-2024 9.F-10
Attachment 1.A
Packet Page 51

No 16
Project:

Date of Issuance
Contractor:Jack Hanley Consruction
Install interior floor tile.
was needed.

Match floor tile pattern and look between the house and the new addition.

Attachments: (List documents supporting change)
$3,977.54 4 days
Recommended:Authorized:
by by
Daniel Contreras Benjamin A. Fine, P.E.

Title:Capital Projects Manager City Engineer/Director of Public Works If the change involves an increase, the
estimated amount is not to be
exceeded without further authorization.

If the change involves an increase, the
estimated time is not to be exceeded
without further authorization.

Method of determining
change in Contract Price:

Method of determining
change in Contract Time
Estimated increase
(decrease) in Contract Price
Estimated increase
(decrease) in Contract Time
You are directed to make the following change(s):

Purpose of Work Directive Change:

WORK DIRECTIVE CHANGE
Contractor's T& M work sheet
(Instructions Follow)
Chapman Estates ADA Restroom Remodel & Addition
May 13, 2024
Description:Floor tile layout was not included in the project plans. To match the house tile pattern, additional tile Time and Materials
Unit Prices
Cost plus fixed fee
Other:_____________________________
Engineer's Records
Contractor's Records
Other:____________________________
DocuSign Envelope ID: A05E810E-A0F2-4B34-A154-4FA235D08514 Council Agenda 6-4-2024 9.F-11
Attachment 1.A
Packet Page 52

No 17
Project:

Date of Issuance
Contractor:Jack Hanley Construction
Upgrade electrical service to remodel area
and new service for electric water heaters in bathrooms and kitchen
electrical service panel.

Changed design from gas to electrical for heating water.

Attachments: (List documents supporting change)
$31,407.59 4 days
Recommended:Authorized:
by by
Daniel Contreras Benjamin A. Fine, P.E.

Title:Capital Projects Manager City Engineer/Director of Public Works If the change involves an increase, the
estimated amount is not to be
exceeded without further authorization.

If the change involves an increase, the
estimated time is not to be exceeded
without further authorization.

Method of determining
change in Contract Price:

Method of determining
change in Contract Time
Estimated increase
(decrease) in Contract Price
Estimated increase
(decrease) in Contract Time
You are directed to make the following change(s):

Purpose of Work Directive Change:

WORK DIRECTIVE CHANGE
Contractor's T& M work sheet
(Instructions Follow)
Chapman Estates ADA Restroom Remodel & Addition
May 13, 2024
Description:Provide 50 amp service panel, service run from existing house panel, provide additional wire runs to new Time and Materials
Unit Prices
Cost plus fixed fee
Other:_____________________________
Engineer's Records
Contractor's Records
Other:____________________________
DocuSign Envelope ID: A05E810E-A0F2-4B34-A154-4FA235D08514 Council Agenda 6-4-2024 9.F-12
Attachment 1.A
Packet Page 53

No 18
Project:

Date of Issuance
Contractor:Jack Hanley Construction
Provide new gas lateral run for new FAU heater
and ADA compliant bathroom and kitchen sinks.

Provide ADA compliant dishwasher.

ADA compliant dish washer and kitchen sink. Changed condition for plumbing drain/waste lines routes.

Gas lateral needed for FAU operation and use. Plumbing fixtures and appliances needed for Building Code compliance. Plumbing line routes needed for proper operation.

Attachments: (List documents supporting change)
$13,765.85 4 days
Recommended:Authorized:
by by
Daniel Contreras Benjamin A. Fine, P.E.

Title:Capital Projects Manager City Engineer/Director of Public Works You are directed to make the following change(s):

Purpose of Work Directive Change:

WORK DIRECTIVE CHANGE
Contractor's T& M work sheet
(Instructions Follow)
Chapman Estates ADA Restroom Remodel & Addition
May 13, 2024
Description:Install gas service line from basement area to remodel area and mount new bathroom sinks and If the change involves an increase, the
estimated amount is not to be
exceeded without further authorization.

If the change involves an increase, the
estimated time is not to be exceeded
without further authorization.

Method of determining
change in Contract Price:

Method of determining
change in Contract Time
Estimated increase
(decrease) in Contract Price
Estimated increase
(decrease) in Contract Time
Time and Materials
Unit Prices
Cost plus fixed fee
Other:_____________________________
Engineer's Records
Contractor's Records
Other:____________________________
DocuSign Envelope ID: A05E810E-A0F2-4B34-A154-4FA235D08514 Council Agenda 6-4-2024 9.F-13
Attachment 1.A
Packet Page 54

No 19
Project:

Date of Issuance
Contractor:Jack Hanley Construction
Provide new awning at exterior S.W. bldg corner
The existing awning conflicts with the new door operation. The new awning will be raised to clear the conflict.

Attachments: (List documents supporting change)
$12,933.96 4 days
Recommended:Authorized:
by by
Daniel Contreras Benjamin A. Fine, P.E.

Title:Capital Projects Manager City Engineer/Director of Public Works If the change involves an increase, the
estimated amount is not to be
exceeded without further authorization.

If the change involves an increase, the
estimated time is not to be exceeded
without further authorization.

Method of determining
change in Contract Price:

Method of determining
change in Contract Time
Estimated increase
(decrease) in Contract Price
Estimated increase
(decrease) in Contract Time
You are directed to make the following change(s):

Purpose of Work Directive Change:

WORK DIRECTIVE CHANGE
Contractor's T& M work sheet
(Instructions Follow)
Chapman Estates ADA Restroom Remodel & Addition
May 13, 2024
Description:Remove existing awning and construct new awning.

Time and Materials
Unit Prices
Cost plus fixed fee
Other:_____________________________
Engineer's Records
Contractor's Records
Other:____________________________
DocuSign Envelope ID: A05E810E-A0F2-4B34-A154-4FA235D08514 Council Agenda 6-4-2024 9.F-14
Attachment 1.A
Packet Page 55

No 20
Project:

Date of Issuance
Contractor:Jack Hanley Construction
Provide additional interior painting
Additional sheet rock demolition was necessary for the roof leak damage and mold remediation.

Attachments: (List documents supporting change)
$7,713.85 4 days
Recommended:Authorized:
by by
Daniel Contreras Benjamin A. Fine, P.E.

Title:Capital Projects Manager City Engineer/Director of Public Works If the change involves an increase, the
estimated amount is not to be
exceeded without further authorization.

If the change involves an increase, the
estimated time is not to be exceeded
without further authorization.

Method of determining
change in Contract Price:

Method of determining
change in Contract Time
Estimated increase
(decrease) in Contract Price
Estimated increase
(decrease) in Contract Time
You are directed to make the following change(s):

If a claim is made that the above change(s) have affected Contract Price or Contract Time, any claim for a Change Order based Theron will involve one of the following methods of determining the effect of the change(s).

Purpose of Work Directive Change:

WORK DIRECTIVE CHANGE
Contractor's T& M work sheet
(Instructions Follow)
Chapman Estates ADA Restroom Remodel & Addition
May 13, 2024
Description:Paint interior wall in remodel area and adjacent dining room Time and Materials
Unit Prices
Cost plus fixed fee
Other:_____________________________
Engineer's Records
Contractor's Records
Other:____________________________
DocuSign Envelope ID: A05E810E-A0F2-4B34-A154-4FA235D08514 Council Agenda 6-4-2024 9.F-15
Attachment 1.A
Packet Page 56

No 21
Project:

Date of Issuance
Contractor:Jack Hanley Construction
Provide new window over kitchen sink
New window will match the other windows and doors in the remodeled area Attachments: (List documents supporting change)
$11,575.22 4 days
Recommended:Authorized:
by by
Daniel Contreras Benjamin A. Fine, P.E.

Title:Capital Projects Manager City Engineer/Director of Public Works You are directed to make the following change(s):

Purpose of Work Directive Change:

WORK DIRECTIVE CHANGE
Contractor's T& M work sheet
(Instructions Follow)
Chapman Estates ADA Restroom Remodel & Addition
May 13, 2024
Description:Remove and replace window and patch and paint stucco.

If the change involves an increase, the
estimated amount is not to be
exceeded without further authorization.

If the change involves an increase, the
estimated time is not to be exceeded
without further authorization.

Method of determining
change in Contract Price:

Method of determining
change in Contract Time
Estimated increase
(decrease) in Contract Price
Estimated increase
(decrease) in Contract Time
Time and Materials
Unit Prices
Cost plus fixed fee
Other:_____________________________
Engineer's Records
Contractor's Records
Other:____________________________
DocuSign Envelope ID: A05E810E-A0F2-4B34-A154-4FA235D08514 Council Agenda 6-4-2024 9.F-16
Attachment 1.A
Packet Page 57

RECORDING REQUESTED BY:

WHEN RECORDED, RETURN TO:

CITY CLERK

CITY OF PISMO BEACH
760 MATTIE ROAD
PISMO BEACH, CA 93449

NO TRANSFERORS
This document is recorded for the benefit of the City of Pismo Beach, a Municipal Corporation, and is exempt from fee per Government Code Section 27383.

NOTICE OF COMPLETION AND ACCEPTANCE

FOR CHAPMAN ESTATE ADA RESTROOM REMODEL AND ADDITION PROJECT NOTICE IS HEREBY GIVEN by the City of Pismo Beach in the County of San Luis Obispo, State of California, as follows:

1.That on the 4th of June 2024, the project hereunder described was considered completed and accepted by the City Council of the City of Pismo Beach.

2.That the description of said project is the construction of Chapman Estate ADA Restroom Remodel and Addition Project, for the City of Pismo Beach.

3.That the name of the political subdivision controlling said project, and the owner of the land upon which the project was constructed, is the City of Pismo Beach, in the County of San Luis Obispo, State of California, whose address is 760 Mattie Road, Pismo Beach, CA 93449.

4.That the name of the owner/contractor on said project is Jack Handley Construction Services, Inc., 2741 McMillian Road, Building A, Unit 1, San Luis Obispo, CA 93401.

5.The name of the Surety on the project is The Ohio Casualty Insurance Company, 790 The City Drive South, Suite 200, Orange, CA 92868.

I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Date:

Jorge E. Garcia, City Manager
Attest:

Erica Inderlied, City Clerk
Council Agenda 6-4-2024 9.F-17
Attachment 2
Packet Page 58

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.G
Meeting Date: June 4, 2024
TITLE:

Contract Amendment #3 with Brenntag Pacific for Supply of Sodium Bisulfite RECOMMENDATION:

DISCUSSION:

The City of Pismo Beach’s Wastewater Treatment Plant uses sodium bisulfite during the treatment process to dechlorinate wastewater effluent prior to being discharged to the ocean. In June of 2022 through a competitive bid process, the City entered into a contract with Brenntag Pacific, Inc. (Brenntag) for one year with three options to extend the agreement for an additional one-year period.

The initial contract was executed under the City Manager’s authority on June 15, 2022 for $1.7496 per gallon, which was estimated at that time to not-to-exceed an amount of $39,900. Due to storm activity in January and March of 2023, as well as other unforeseen circumstances, that not-to-exceed amount was reached prior to the end of the fiscal year.

On March 21, 2023, the Council authorized Amendment #1, increasing the not-to-exceed amount by $19,100, bringing the total FY 2023 contract amount to $59,000. On June 6, 2023, the Council authorized Amendment #2 for the supply of sodium bisulfite for FY 2024 for $1.8792 per gallon, not to exceed $56,376.

Staff has requested a quote from Brenntag to continue to provide sodium bisulfite for FY 2025. The quote is for $1.9656 per gallon, not to exceed $58,968 bringing the total contract cost for FY 2023 through FY 2025 to $174,344.

Conclusion and Recommendation
Staff recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute Amendment #3 (Attachment 1.A) to the existing Professional Services Agreement with Brenntag to supply sodium bisulfite in the amount not to exceed $58,968 in FY 2025.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution is $58,968 in the Wastewater Enterprise Fund. The FY 2025 budget includes $57,500 in the Wastewater Enterprise Fund de-chlorination account for the purchase of sodium bisulfite. The following table lists the budgeted amount, proposed contract costs, and budget shortfall.

Council Agenda 6-4-2024 9.G-1
Packet Page 59

FY 2025 Wastewater Enterprise Fund De-Chlorination Budget $57,500 Proposed Brenntag Contract Costs $58,968
FY 2025 Budget Shortfall $(1,468)
Staff recommends appropriating $1,500 in FY 2025 in the Wastewater Enterprise Fund de-chlorination account, supported by the Wastewater Enterprise Fund net position (available fund balance).

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Amendment #3
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 6-4-2024 9.G-2
Packet Page 60

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 #3

TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH BRENNTAG PACIFIC, INC. TO SUPPLY SODIUM BISULFITE IN AN AMOUNT NOT TO EXCEED $58,968 FOR FISCAL YEAR 2025 AND APPROPRIATING RELATED BUDGET

ADJUSTMENTS
WHEREAS, the City of Pismo Beach’s Wastewater Treatment Plant uses sodium bisulfite during the treatment process to dechlorinate wastewater effluent prior to being discharged to the ocean; and
WHEREAS, in June of 2022 through a competitive bid process, the City entered into a contract with Brenntag Pacific, Inc. (Brenntag) under the City Manager’s authority for one year with three options to extend the agreement for an additional one-year period; and WHEREAS, on March 21, 2023, the Council authorized Amendment #1 increasing the Fiscal Year (FY) 2023 not to exceed cost, and on June 6, 2023, the Council authorized Amendment #2 for the supply of sodium bisulfite in FY 2024; and WHEREAS, the current quote for FY 2025 is $1.9656 per gallon, not to exceed $58,968 bringing the total contract cost for FY 2023 through FY 2025 to $174,344.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #3 (Exhibit A) to the existing Professional Services Agreement with Brenntag Pacific, Inc. to supply sodium bisulfite in an amount not to exceed $58,968 for FY 2025.

BE IT FURTHER RESOLVED that the that the City Council of the City of Pismo Beach hereby appropriates $1,500 in the Wastewater Enterprise Fund de-chlorination account in FY 2025, supported by the Wastewater Enterprise Fund net position (available fund balance), which will provide the additional budget needed to acquire sodium bisulfite.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Council Agenda 6-4-2024 9.G-3
Attachment 1
Packet Page 61

AMENDMENT # 3
to the
JUNE 15, 2022 AGREEMENT BETWEEN THE CITY OF PISMO BEACH AND BRENNTAG PACIFIC, INC.

Pursuant to the June 15, 2022 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and Brenntag Pacific, Inc., 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 May 7, 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 $1.9656 per gallon, not to exceed fifty eight thousand nine hundred sixty-eight dollars ($58,968 ), without prior written approval of the City.

3.The revised fee under the June 15, 2022 contract, plus addendum 1-3, is one hundred seventy-four thousand three hundred forty-four dollars ($174,344).

4.The term end date of the agreement is hereby revised to June 30, 2025.

5.All other provisions of the subject 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:

Brenntag Pacific, Inc.

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: Cost Proposal
Council Agenda 6-4-2024 9.G-5
Attachment 1.A
Packet Page 63

Price Extension
175 N Hughes Ave. Fresno, CA 93706
Robbie Bishop – Account Manager
Cust. Service # 800-350-4150 , Fax # 559-485-0605
Cell # 559-905-4211 Hm. Office # 661-387-0285
To: City of Pismo Beach
Wastewater Treatment Plant
Attn: Paula Reitsma
From: Robbie Bishop
Date: 5.7.24 2024/2025 Effective 7.1.24
Product Item Number Quantity Price
Sodium Bisulfite 25% 500 gl. $1.74 a gal. to $1.82 a gal.

Small Bulk.

Pricing is delivered to Pismo Beach, CA.

Confirming we will adjust pricing by .08 a gal. and hold for 12 months. From 7.1.24 to

7.30.25. All other terms and conditions remain the same for this price extension.

California Locations: South Gate, CA – Santa Fe Springs, CA – San Diego, CA – Fresno, CA – Richmond, CA - Imperial, CA.

Council Agenda 6-4-2024 9.G-6
Attachment 1.A
Packet Page 64

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.H
Meeting Date: June 4, 2024
TITLE:

Notice of Completion for the City Hall Exterior Improvement Project RECOMMENDATION:

1. Accept the City Hall Exterior Improvement Project as complete;

2. Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the project.

DISCUSSION:

On April 16, 2024, the City Council awarded a contract to Yoda Painting, Inc. (Yoda Painting) for the City Hall Exterior Improvement Project. The project included wood repairs and repainting of the exterior of City Hall.

Conclusion and Recommendation
Yoda Painting has completed the contracted services and the City Hall Exterior Improvements Project has been completed in accordance with the plans, specifications, and contract documents. Staff recommends that the City Council accept the project as complete and authorize the Notice of Completion (Attachment 1) to be recorded at the County Clerk’s office.

FISCAL IMPACT:

There is no direct fiscal impact associated with this report.

ATTACHMENTS:

1. Notice of Completion
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 6-4-2024 9.H-1
Packet Page 65

RECORDING REQUESTED BY:

WHEN RECORDED, RETURN TO:

CITY CLERK

CITY OF PISMO BEACH
760 MATTIE ROAD
PISMO BEACH, CA 93449

NO TRANSFERORS
This document is recorded for the benefit of the City of Pismo Beach, a Municipal Corporation, and is exempt from fee per Government Code Section 27383.

NOTICE OF COMPLETION AND ACCEPTANCE

FOR CITY HALL EXTERIOR IMPROVEMENT PROJECT
NOTICE IS HEREBY GIVEN by the City of Pismo Beach in the County of San Luis Obispo, State of California, as follows:

1.That on the 4th of June 2024, the project hereunder described was considered completed and accepted by the City Council of the City of Pismo Beach.

2.That the description of said project is the construction of City Hall Exterior Improvement Project, for the City of Pismo Beach.

4.That the name of the owner/contractor on said project is Yoda Painting, Inc., 1272 Encina St., Hayward, CA 94544.

5.The name of the Surety on the project is Old Republic Surety Company, 18500 W Corporate Drive, Suite 170, Brookfield, WI 53045.

I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Date:

Jorge E. Garcia, City Manager
Attest:

Erica Inderlied, City Clerk
Council Agenda 6-4-2024 9.H-2
Attachment 1
Packet Page 66

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.I
Meeting Date: June 4, 2024
TITLE:

Award of Contract to CBJ Building Maintenance, Inc. for Janitorial Services for City Facilities
RECOMMENDATION:

DISCUSSION:

For many years the City has used private contractors to provide cleaning services for the City’s facilities. These janitorial services provide the public with clean, well-stocked and accessible bathrooms and public facilities. The contractor also provides cleanup for special events. The City’s current janitorial contract expires on June 30, 2024.

A Request for Proposals (RFP) was advertised on April 4, 2024, and a mandatory job walk for this RFP was conducted on April 18, 2024 with the Public Facilities Manager. A total of four contractors attended the job walk and a total of four proposals were received for evaluation.

Proposals were evaluated by a review panel of City staff. CBJ Building Maintenance, Inc. (CBJ) (cost proposal provided as Attachment 1.A) was selected to perform the work based on the following:
A demonstrated understanding of the scope of work
Qualifications and experience
Experience working with local government
Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement (Attachment 2) with CBJ in the amount of $762,125.70 to provide janitorial services for the City of Pismo Beach through Fiscal Year (FY) 2027.

FISCAL IMPACT:

The fiscal impact of adopting the attached Resolution is $762,125.70 for three years from July 1, 2024 through June 30, 2027, with the possibility of two additional two-year extensions. The total cost of the contract per year is $254,041.90.

The General Fund Public Works, Facilities Division budget includes $196,840 in FY 2025 for janitorial services. The following table lists the budgeted amount, proposed contract costs, and budget shortfall.

Council Agenda 6-4-2024 9.I-1
Packet Page 67

FY 2025 General Fund, Public Works, Government $196,840.00 Facilities, Janitorial Services Budget
CBJ Contract Costs $254,041.90
FY 2025 Budget Shortfall $(57,201.90)
Staff recommends appropriating $57,202 in FY 2025 in the General Fund, Public Works Department, Facilities Division, Governmental Facilities activity, contract services account and deappropriating $57,202 from the General Fund Next Level Services budget to cover the shortfall.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: CBJ Cost Proposal

2. CBJ Professional Services Agreement
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 6-4-2024 9.I-2
Packet Page 68

RESOLUTION NO. R-2024-XXX

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

CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A

PROFESSIONAL SERVICES AGREEMENT WITH CBJ BUILDING MAINTENANCE, INC. IN THE AMOUNT OF $762,125.70 TO PROVIDE JANITORIAL SERVICES FOR THE CITY OF PISMO BEACH FOR FISCAL YEARS 2025 THROUGH 2027 AND

APPROPRIATING RELATED BUDGET ADJUSTMENTS
WHEREAS, for many years the City has used private contractors to provide cleaning services for the City’s facilities; and
WHEREAS, the current janitorial services contract expires on June 30, 2024; and WHEREAS, a Request for Proposals (RFP) was advertised on April 4, 2024 and a total of four proposals were received; and
WHEREAS, proposals were evaluated by a review panel of City staff and CBJ Building Maintenance, Inc. was selected to perform the work based on a demonstrated understanding of the scope of work, qualifications and experience, and experience working with local government.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a Professional Services Agreement with CBJ Building Maintenance, Inc. in the amount of $762,125.70 to provide janitorial services for the City of Pismo Beach for Fiscal Years 2024 through 2027.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $57,202 in the General Fund, Public Works Department, Facilities Division, Governmental Facilities activity, contract services account and deappropriates $57,202 from the General Fund Next Level Services budget to cover the shortfall, in Fiscal Year 2025.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Council Agenda 6-4-2024 9.I-3
Attachment 1
Packet Page 69

16 CONTRACT COST PROPOSAL
Janitorial Services for City Facilities
Description of Facility/Item Monthly
Cost
Total
Annual
Fee

Annual Fee
Signature of Authorized Representative: ______ ____________ Date: __________ Pismo Beach Veteran’s Hall
Shell BeachVeteran's Hall
City Hall Offices
Corporation Yard & Wastewater Operations Office
Pier Parking Lot
Addie Parking Lot
Mary Harrington Park
Ira Lease Park
Community Baseball Field and Parking lot
Wadsworth Stairs
Dinosaur Caves Park
Spyglass Park
Chumash Park
Price Historical Park
Chapman Estate
1010.88
336.96
1516.32
1684.80
673.92Visitors Information Center Airstream & Restroom, Pier Police Department -320/330 Main St., 760 Mattie St.2021.76 PD Annex & Parking Offices, 585 Dolliver 168.48
2948.40
2358.72
884.52
884.52
1794.96
884.52
1179.36
884.52
884.52
884.52
168.48
$254041.90
4/23/2024
Council Agenda 6-4-2024 9.I-5
Attachment 1.A
Packet Page 71

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

CITY OF PISMO BEACH

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

RECITALS:

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

Janitorial Services in the City of Pismo Beach
VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.

VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.

II. TERM
Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date July 1, 2024 through and including June 30, 2027. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for up to two (2) additional two (2) year periods, as the parties agree in writing.

III. COMPENSATION
A. VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of two hundred fifty-four thousand forty-one dollars and ninety cents ($254,041.90) per year, and an aggregate total of seven hundred sixty-two thousand one hundred twenty-five dollars and seventy cents ($762,125.70) for the term of this agreement, unless otherwise first approved in writing by 2 of 12
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CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.

B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses.

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

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

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

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

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

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

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

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

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

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

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

B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the 4 of 12
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services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.

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

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

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

B. Non-design, construction Professional Services:

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

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C. Design Professional Services:

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

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

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

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

XV. INSURANCE

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

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

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

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

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

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

B. Other provisions or requirements:

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

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

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

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

4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or Council Agenda 6-4-2024 9.I-8
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CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.

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

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

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

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

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

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

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

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement 8 of 12
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of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

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

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

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

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

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

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

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

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;
B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and
C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.

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XVII. CONFLICT OF INTEREST

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

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

XVIII. NOTICE

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

Notice will be sufficiently given for all purposes as follows:

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

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

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

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

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

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

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

G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this

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AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.

XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING

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

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

XX. INTERPRETATION

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

XXI. SEVERABILITY

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

XXII. TIME OF ESSENCE

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

XXIII. GOVERNING LAW; JURISDICTION

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

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

XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS

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

XXV. WAIVER OF BREACH

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

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XXVI. ATTORNEY’S FEES
Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.

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

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

XXVIII. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that:

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

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

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

Signatures begin on next page.
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CITY:

City of Pismo Beach, a Municipal Corporation
Signed:

Name: 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
VENDOR:

CBJ Building Maintenance, Inc.

Signed:

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

Name/Title: ____________________________
Attachments:

Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
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17 Exhibit A

RFP FOR JANITORIAL SERVICES
A. General Maintenance Tasks (These specific tasks are referenced in each location detail listed below)

1. Use Appropriate Cleaning Compounds
a. do not use cleaning compounds with the following ingredients: hydrochloric acid, phenols, peroxides, mercury, and iodine
b. post Material Safety Data Sheets (MSDS) for all cleaning compounds wherever such cleaning compounds are stored at City locations
c. whenever and wherever feasible, use “green” cleaning compounds that are environmentally friendly

2. Report Problems
a. note any of the following problems and report them to the City representative before 7:30 a.m. on the next working day: pest infestations, vandalism, graffiti, damaged fixtures and furnishings, clogged drains (that cannot be cleared with a plunger), inoperable lighting fixtures
b. immediately report running water which cannot be shut off to the Police Department dispatcher at (805) 773-2208 to notify standby personnel for response. c. secure any lost-and-found articles in a janitorial closet and notify the City representative

3. Empty and Clean Wastebaskets and Trashcans
a. for all “Recreation Facilities,” “General Offices,” “Public Safety Offices,” and “Public Restrooms” locations, empty all wastebaskets, trashcans, feminine hygiene containers, and recycling containers and install clean liners of the correct size b. ensure deposit of any interior collected recycle materials is placed separately from trash in appropriate exterior recycle bins.

4. Clean and Disinfect Drinking Fountains
a. wash all drinking fountain surfaces using clean toweling and an approved Quaternary Ammonium Germinal Detergent (QAGD) solution
b. rinse washed surfaces with potable water
c. ensure that all surfaces are free of spots
d. polish all stainless-steel surfaces with an approved polishing compound

5. Clean Lobby Counters
a. remove dirt, oil, and fingerprints from all lobby counter surfaces using a cloth dampened with an approved cleaning solution
b. do not use abrasive products on counter surfaces

6. Spot Clean Window and Door Glass at Entrances
a. remove streaks, spots, and fingerprints from interior and exterior glass surfaces using a cloth and an approved cleaning solution

7. Spot Clean Doors, Door Frames, Door Hardware, and Switch plates a. remove dirt, oil, and fingerprints from doors, door frames, door hardware (including kick plates), and switch plates using a cloth dampened with an approved cleaning solution

8. Spot Clean Interior Walls
a. gently remove dirt, oil, and fingerprints from interior wall surfaces using a cloth dampened 18 with an approved cleaning solution and following procedures appropriate for the surface to be cleaned

9. Vacuum Carpets
a. remove loose dirt and debris from carpets using a commercial vacuum cleaner

10. Spot Clean Carpets
a. remove spots and stains from carpets using a truck-mounted or portable carpet extraction machine

11. Dust Mop Wood Floors
a. remove loose dirt and debris from wood floors using an untreated, oil-free dust mop

12. Damp Mop Wood Floors
a. remove loose dirt and debris from wood floors using an untreated, oil-free dust mop b. remove dirt and grime using a damp mop without soaking the floor

13. Sweep Concrete, Ceramic Tile, and Resilient Floors
a. remove loose dirt and debris from floors using a push broom, dust mop, or commercial vacuum cleaner

14. Wet Mop Floors
a. remove loose dirt and debris from floors using a push broom, dust mop, or commercial vacuum cleaner
b. wash off dirt and grime using a wet mop and bucket with an approved cleaning solution c. remove stubborn dirt and grime spots using a plastic or nylon scrubbing pad (either hand- held or mounted on a low-speed buffing machine) with an approved cleaning solution d. remove all excess cleaning solution with a wet mop or wet/dry vacuum cleaner

15. Dust below Eight Feet
a. remove dirt and dust from countertops, cabinets, shelf tops, wall-hung pictures, cubicle partition caps, and horizontal baseboard surfaces using a clean dry cloth, or a cloth dampened with an approved cleaning solution
B. Specific Restroom Maintenance Tasks

1. Disinfect Restroom Doors, Door Frames, Door Hardware, and Switch plates a. wipe entire surface area and remove dirt, oil, and fingerprints from doors, door frames, door hardware (including kick plates), and switch plates using a cloth dampened with an approved QAGD solution

2. Refill Restroom Dispensers
a. check dispensers for soap, toilet paper, paper towels, and seat covers and refill if necessary b. disinfect dispensers and surrounding surfaces with an approved QAGD solution

3. Disinfect Restroom Countertops
a. wipe entire surface area and remove dirt, oil, and fingerprints from all countertop surfaces using a cloth dampened with an approved QAGD solution
b. do not use abrasive products on counter surfaces
Council Agenda 6-4-2024 9.I-12
Attachment 2
Packet Page 78

19 4. Disinfect Restroom Sinks
a. scrub all sink surfaces using a nylon or plastic bristle brush with an approved QAGD solution b. wipe all plumbing fixtures with an approved QAGD solution c. dry all sink surfaces with clean, dry cloth
d. dry bright plumbing fixtures to prevent water spots

5. Clean Restroom Mirrors
a. remove streaks, spots, and fingerprints from mirrors using a cloth and an approved cleaning solution

6. Disinfect Restroom Walls and Partitions
a. wipe all wall and partition surfaces (including baseboards and cove moldings) with an approved QAGD solution

7. Disinfect Restroom Floors
a. remove loose dirt and debris from the floor using a push broom, dust mop, or commercial vacuum cleaner
b. wash dirt and grime from the floor using a wet mop and bucket with an approved QAGD solution
c. remove stubborn dirt and grime spots from the floor using a plastic or nylon scrubbing pad (either hand-held or mounted on a low-speed buffing machine) with an approved QAGD solution
d. remove all excess cleaning solution with a wet mop or wet/dry vacuum cleaner

8. Disinfect and Descale Toilets and Urinals
a. scrub all toilet and urinal surfaces using a nylon or plastic bristle brush with an approved QAGD solution
b. rinse toilet seat surfaces with clear water
c. wipe all exposed plumbing fixtures with an approved QAGD solution d. dry all surfaces with clean, dry cloth
e. dry bright plumbing fixtures to prevent water spots
f. as necessary, remove scale and water rings in toilets and urinals using an approved bowl cleaner
g. wipe down and disinfect all surfaces of waterless urinals. h. replace cartridges in waterless urinals first week or July, November and March or earlier as needed

9. Disinfect Showers and Adjacent Changing Areas
a. spray shower walls, floors, and fixtures with an approved QAGD solution b. rinse thoroughly with clear water
c. dry fixtures to prevent water spots

10. Clean Shower Drain Grates
a. remove hair and other debris from shower drain grates

11. Check for and Correct Minor Plumbing Problems
a. clear clogged drains and toilets/urinals using a plunger or snake b. remove debris from floor drain grates
c. if plumbing problems cannot be corrected, notify the City representative before 7:30 a.m. on the next working day

20 12. Polish Brightwork
a. polish all chrome plated or stainless-steel surfaces with an approved polishing compound

13. Graffiti Abatement
a. check walls (interior and exterior), ceilings, floors, and fixtures for graffiti or foreign materials b. remove any spitballs, dirt clods, mud, or foreign materials c. remove graffiti and/or markings with approved graffiti removal materials or other scrubbing techniques. Care shall be taken not to damage painted surfaces when possible d. contractor shall be responsible for applying paint as required to mask out or cover entire graffiti, markings, or damages to painted surfaces due to vandalism. Care shall be taken not to drip paint on floors or fixtures
e. City will provide paint in the appropriate touch up colors

14. Exterior Monitoring
a. daily pick up all trash and debris within twenty feet of all restroom facilities b. sweep and wash down surfaces surrounding restrooms
c. report any damages to the city immediately

15. Seasonal Female Restroom Attendant
a. seasonal attendant shall be available last weekend in March through first weekend in September on Friday, Saturday, Sunday, and Holidays (Memorial Day, Independence Day, and Labor Day) during the hours 12:00 p.m. (noon) to 9:00 p.m. b. attendant shall be in constant hourly rotation to the following restrooms: Pier, Addie, Parking/PD Annex, Main, and Wadsworth
c. attendant shall be female to minimize closures and impacts to the women’s restrooms during peak tourist season
d. attendant shall monitor and pick up ground litter, empty trash receptacles through route and promenade areas
C. Specific Breakroom/Kitchen/Meeting Room Maintenance Tasks

1. Refill Breakroom/Kitchen Dispensers
a. check dispensers for soap and paper towels and refill if necessary b. disinfect dispensers and surrounding surfaces with an approved QAGD solution

2. Disinfect Breakroom/Kitchen Countertops
a. remove dirt, oil, and fingerprints from all countertop surfaces using a cloth dampened with an approved QAGD solution
b. do not use abrasive products on counter surfaces

3. Spot Clean Exteriors of Breakroom/Kitchen Cabinets, Refrigerators, Conventional Ovens, and Microwave Ovens
a. remove dirt, oil, and fingerprints from all cabinet, refrigerator, and conventional oven exterior surfaces using a cloth dampened with an approved cleaning solution b. remove dirt, grime, grease, and food particles from all interior and exterior surfaces of microwave ovens using a clean paper towel dampened with an approved cleaning solution and wipe all surfaces dry

4. Disinfect Breakroom/Kitchen Sinks
a. scrub all sink surfaces using a nylon or plastic bristle brush with an approved QAGD solution b. wipe all plumbing fixtures with an approved QAGD solution Council Agenda 6-4-2024 9.I-13
Attachment 2
Packet Page 79

21 c. dry all sink surfaces with clean, dry cloth
d. dry bright plumbing fixtures to prevent water spots

5. Spot Clean Breakroom/Meeting Room Tables and Chairs
a. as necessary, remove dirt, grime, grease, and food particles from permanently arranged tables and chairs using a cloth dampened with an approved cleaning solution b. maintain tables and chairs in the configuration specified by the City representative

6. Wipe Down Breakroom/Meeting Room Tables and Chairs
a. wipe down all surfaces of permanently arranged tables and chairs using a cloth dampened with an approved cleaning solution
D. Complete Window Washing

1. remove any window screens and louvers

2. spray window screens and louvers with water to wash off loose dirt and debris

3. remove loose dirt and debris from interior windowsills, sash tracks, and other horizontal surfaces using a vacuum cleaner

4. wash interior and exterior glass surfaces using an approved cleaning solution

5. remove all wash water with a squeegee or cloth

6. ensure that all glass surfaces are free of streaks and spots

7. wipe interior window frames with a dampened cloth

8. reinstall window screens and louvers

9. remove dust and dirt from blinds using a vacuum cleaner with HEPA filter

10. remove dust and dirt from drapes using a vacuum cleaner with HEPA filter E. Exterior Window Washing

1. remove any window screens and louvers

2. spray window screens and louvers with water to wash off loose dirt and debris

3. wash exterior glass surfaces using an approved cleaning solution

4. remove all wash water with a squeegee or cloth

5. ensure that all glass surfaces are free of streaks and spots

6. reinstall window screens and louvers
F. Carpet Extraction

1. notify building occupants at least two days before carpet extraction to allow time for moving personal items off the floor

2. remove loose dirt and debris from carpets using a commercial vacuum cleaner

3. pre-treat carpets using an approved carpet shampoo solution and agitate visible stains

4. extract all carpets using a truck-mounted or portable carpet extraction machine with heated water

5. extract all carpets using a truck-mounted or portable carpet extraction machine without water

6. complete all extraction activity before 12:00 midnight to allow adequate drying time before occupancy the next morning
G. Carpet Bonnet-Cleaning

1. notify building occupants at least two days before carpet bonnet-cleaning to allow time for moving personal items off the floor

2. remove loose dirt and debris from carpets using a commercial vacuum cleaner

3. clean carpets using a low-speed buffing machine with a special bonnet-cleaning pad and an 22 approved cleaning solution

4. complete all carpet bonnet-cleaning activity before 2:00 a.m. to allow adequate drying time before occupancy the next morning
H. Hard Floor Scrubbing and Recoating

1. remove loose dirt and debris from resilient, ceramic, and hardwood floors using a push broom, dust mop, or commercial vacuum cleaner

2. wash off dirt and grime using a wet mop and bucket with an approved cleaning solution

3. remove stubborn dirt and grime spots using a plastic or nylon scrubbing pad (using either an auto scrubber or mounted on a low-speed buffing machine) with an approved cleaning solution

4. remove all excess cleaning solution with a wet mop or wet/dry vacuum cleaner

5. apply one coat of an approved polymer finish to the entire floor area I. Hard Floor Stripping and Recoating

1. remove loose dirt and debris from resilient, ceramic, and hardwood floors using a push broom, dust mop, or commercial vacuum cleaner

2. remove all dirt, grime, and stains and strip off all the existing finish using a low-speed buffing machine with a nylon scrubbing pad and an approved stripping solution

3. remove all stripping solution with a wet mop or wet/dry vacuum cleaner

4. apply one coat of an approved polymer base to the entire floor area

5. apply two coats of an approved polymer finish to the entire floor area J. High Dusting above Eight Feet

1. remove loose dust, dirt, and cobwebs from ceilings, beams, ductwork, HVAC diffusers, light fixtures, and horizontal surfaces with a clean cloth, duster, or vacuum cleaner with HEPA filter

2. take care that dust and dirt do not fall onto areas below K. Shower and Changing Area Scrubbing

1. spray shower walls, floors, and fixtures with an approved acid foaming cleaner

2. scrub walls, floors, and fixtures using a nylon or plastic bristle brush

3. rinse thoroughly with clear water

4. dry fixtures to prevent water spots
L. Special Cleaning for Event Rental

1. remove dirt, grime, grease, and food particles from folding tables and stacking chairs using a cloth dampened with an approved cleaning solution

2. special cleaning will be required in conjunction with the scheduled cleaning so that there will be a cleaning before and after an event rental at the Veteran’s Halls with no other event in between cleanings should renter not perform or hire for the performance of the cleaning facility

3. cleaning will include sweeping, mopping, restroom cleaning, wiping down counters, chairs, and tables as described above

4. may include setup and teardown of tables and chairs

5. locations and frequencies of work may vary

Council Agenda 6-4-2024 9.I-14
Attachment 2
Packet Page 80

23 WORK LOCATIONS

RECREATION FACILITIES
Pismo Beach Veteran’s Hall, 780 Bello
Shell Beach Veteran’s Hall, 230 Leeward

GENERAL OFFICES
City Hall Offices, 760 Mattie Road
Corporation Yard and Wastewater Operations Offices, 550 and 570 Frady Lane Visitors Information Center Airstream & Restroom, Pier

PUBLIC SAFETY OFFICES
Police Department - 330 Main Street
Police Department – 320 Main Street
Police Department – 760 Mattie Road, Suite A1
PD Annex & Parking Offices, 585 Dolliver

PUBLIC RESTROOMS
Pier Parking Lot*
Addie Parking Lot*
Mary Harrington Park
Ira Lease Park
Community Baseball Fields** and ***
Main Parking Lot*
Wadsworth Stairs*
Dinosaur Caves Park
Spyglass Park
Chumash Park
Price Historical Park
Chapman Estate

*additional seasonal cleanings between last week in March through first week in September ** Second week in February through second week in June
*** Second week in June through first week in November

On the following pages are listed the tasks and frequencies of work for all locations. Following each task is a reference to the paragraph letter and number in Section III that describes the task in detail. 24 JANITORIAL TASKS AND FREQUENCIES

Pismo Beach Veteran’s Hall, 780 Bello

CATEGORY: Recreation Facilities
MAINTENANCE PERIOD: Year-round & Special
Events as Needed
ALLOWED WORKHOURS: Three days per week (Tuesday, Friday, Sunday) 10:00 p.m. to 6:00 a.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

THREE DAYS PER WEEK TASKS (Tuesday, Friday, Sunday):

Use Appropriate Cleaning Compounds (A.1)
Report Problems (A.2)
Empty and Clean Wastebaskets and Trashcans (A.3)
Empty and Clean Ashtrays (A.4)
Clean and Disinfect Drinking Fountains (A.5)
Spot Clean Window and Door Glass at Entrances (A.7)
Spot Clean Doors, Door Frames, Door Hardware, and Switch plates (A.8) Spot Clean Interior Walls (A.9)
Vacuum Carpets (A.10)
Sweep Concrete, Ceramic Tile, and Resilient Floors (A.14) Wet Mop Floors (A.15)
Disinfect Restroom Doors, Door Frames, Door Hardware, and Switch plates (B.1) Refill Restroom Dispensers (B.2)
Disinfect Restroom Countertops (B.3)
Disinfect Restroom Sinks (B.4)
Clean Restroom Mirrors (B.5)
Disinfect Restroom Walls and Partitions (B.6)

Disinfect Restroom Floors (B.7)
Disinfect and Descale Toilets and Urinals (B.8)
Check for and Correct Minor Plumbing Problems (B.11)
Polish Brightwork (B.12)
Refill Breakroom/Kitchen Dispensers (C.1)
Disinfect Breakroom/Kitchen Countertops (C.2)
Spot Clean Exteriors of Breakroom/Kitchen Cabinets, Refrigerators, and Conventional Ovens (C.3) Disinfect Breakroom/Kitchen Sinks (C.4)
Clean Microwave Ovens (C.5)

WEEKLY TASK:

Dust below Eight Feet (A.16)

MONTHLY TASKS
Complete Window Washing (D) – 641 sq. ft
Exterior Window Washing (E)
Hard Floor Scrubbing and Recoating (H)
Council Agenda 6-4-2024 9.I-15
Attachment 2
Packet Page 81

25 QUARTERLY TASKS (Performed in the months of January, April, July, and October) Carpet Extraction (F)
Carpet Bonnet-Cleaning (G)
Hard Floor Stripping and Recoating (I)
High Dusting above Eight Feet (J)
Spot Cleaning Folding Tables and Stacking Chairs (L.1)
Replace waterless urinal cartridges first week of July, November, and March (B) PERIODICALLY REQUESTED TASKS:

Special Cleaning for an Event Rental (L)
26 JANITORIAL TASKS AND FREQUENCIES
Shell Beach Veteran’s Hall, 230 Leeward
CATEGORY: Recreation Facilities
MAINTENANCE PERIOD: Year-round
ALLOWED WORKHOURS: Two days per week (Tuesday and Friday) 10:00 p.m. to 6:00 a.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072 TWO DAYS PER WEEK TASKS (Tuesday, Friday):

Use Appropriate Cleaning Compounds (A.1)
Report Problems (A.2)
Empty and Clean Wastebaskets and Trashcans (A.3)
Empty and Clean Ashtrays (A.4)
Clean and Disinfect Drinking Fountains (A.5)
Spot Clean Window and Door Glass at Entrances (A.7)
Spot Clean Doors, Door Frames, Door Hardware, and Switch plates (A.8) Spot Clean Interior Walls (A.9)
Sweep Concrete, Ceramic Tile, and Resilient Floors (A.14) Wet Mop Floors (A.15)
Disinfect Restroom Doors, Door Frames, Door Hardware, and Switch plates (B.1) Refill Restroom Dispensers (B.2)
Disinfect Restroom Countertops (B.3)
Disinfect Restroom Sinks (B.4)
Clean Restroom Mirrors (B.5)
Disinfect Restroom Walls and Partitions (B.6)
Disinfect Restroom Floors (B.7)
Disinfect and Descale Toilets and Urinals (B.8)
Check for and Correct Minor Plumbing Problems (B.11)
Polish Brightwork (B.12)
Refill Breakroom/Kitchen Dispensers (C.1)
Disinfect Breakroom/Kitchen Countertops (C.2)
Spot Clean Exteriors of Breakroom/Kitchen Cabinets, Refrigerators, and Conventional Ovens (C.3) Disinfect Breakroom/Kitchen Sinks (C.4)
Clean Microwave Ovens (C.5)
WEEKLY TASK:

Vacuum Carpets (A.10)
Dust below Eight Feet (A.16)
MONTHLY TASKS:

Complete Window Washing (D) – 457 sq. ft.

Exterior Window Washing (E)
Hard Floor Scrubbing and Recoating (H)
Council Agenda 6-4-2024 9.I-16
Attachment 2
Packet Page 82

27 QUARTERLY TASKS: (Performed in the months of January, April, July, and October) Carpet Extraction (F)
Carpet Bonnet-Cleaning (G)
Hard Floor Stripping and Recoating (I)
High Dusting above Eight Feet (J)
Spot Cleaning Folding Tables and Stacking Chairs (L.1)

PERIODICALLY REQUESTED TASKS:

Special Cleaning for an Event Rental (L)

28 JANITORIAL TASKS AND FREQUENCIES

City Hall Offices, 760 Mattie Road
(Including Employee breakroom, elevator, and public restrooms)

CATEGORY: General Offices & Breakroom
MAINTENANCE PERIOD: Year-round
ALLOWED WORKHOURS: Three days per week (Monday, Wednesday, and Friday) 5:00 p.m. to 6:00 a.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

THREE DAYS PER WEEK TASKS (Monday, Wednesday, and Friday):

Use Appropriate Cleaning Compounds (A.1)
Report Problems (A.2)
Empty and Clean Wastebaskets and Trashcans (A.3)
Empty and Clean Ashtrays (A.4)
Clean and Disinfect Drinking Fountains (A.5)
Clean Lobby Counters (A.6)
Spot Clean Window and Door Glass at Entrance (A.7)
Spot Clean Doors, Door Frames, Door Hardware, and Switch plates (A.8) Spot Clean Interior Walls (A.9)
Vacuum Carpets (A.10)
Sweep Concrete, Ceramic Tile, and Resilient Floors including exterior top and bottom porch areas (A.14) Wet Mop Floors (A.15)
Dust below Eight Feet including ledges and railings on exterior porch and stairway areas (A.16) Disinfect Restroom Doors, Door Frames, Door Hardware, and Switch plates (B.1) Refill Restroom Dispensers (B.2)
Disinfect Restroom Countertops (B.3)
Disinfect Restroom Sinks (B.4)
Clean Restroom Mirrors (B.5)
Disinfect Restroom Floors (B.7)
Disinfect and Descale Toilets and Urinals (B.8)
Check for and Correct Minor Plumbing Problems (B.11)
Polish Brightwork (B.12)
Refill Breakroom/Kitchen Dispensers (C.1)
Disinfect Breakroom/Kitchen Countertops (C.2)
Spot Clean Exteriors of Breakroom/Kitchen Cabinets, Refrigerators, and Conventional Ovens (C.3) Disinfect Breakroom/Kitchen Sinks (C.4)
Clean Microwave Ovens (C.5)
Spot Clean Breakroom/Meeting Room Tables and Chairs (C.6)

WEEKLY TASKS:

Spot Clean Carpets (A.11)
Wet Mop Floors (A.15)
Disinfect Restroom Walls and Partitions (B.6)
Wipe Down Breakroom/Meeting Room Tables and Chairs (C.7)

Council Agenda 6-4-2024 9.I-17
Attachment 2
Packet Page 83

29 NOTE: Once a week flush each floor drain in exterior public restrooms upstairs and downstairs with a bucket of water.

MONTHLY TASKS:

Complete Window Washing (D) – 1354 sq. ft.

Exterior Window Washing (E)

QUARTERLY TASKS: (Performed in the months of January, April, July, and October) Carpet Extraction (F)
Carpet Bonnet-Cleaning (G)
Hard Floor Scrubbing and Recoating (H)
Hard Floor Stripping and Recoating (I)
High Dusting above Eight Feet (J)
Replace waterless urinal cartridges first week of July, November, and March (B) 30 JANITORIAL TASKS AND FREQUENCIES

Corporation Yard and Wastewater Operations Offices, 550 and 570 Frady Lane (Including maintenance building restroom and Motor Vehicle office)

CATEGORY: General Offices & Locker Rooms
MAINTENANCE PERIOD: Year-round
ALLOWED WORKHOURS: Two days per week (Monday & Wednesday) 4:00 p.m. to 10:00 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

ONE DAY PER WEEK TASKS (Tuesday or Wednesday):

Use Appropriate Cleaning Compounds (A.1)
Report Problems (A.2)
Empty and Clean Wastebaskets and Trashcans (A.3)
Empty and Clean Ashtrays (A.4)
Clean Lobby Counters (A.6)
Spot Clean Window and Door Glass at Entrances including interior partitions (A.7) Spot Clean Doors, Door Frames, Door Hardware, and Switch Plates (A.8) Spot Clean Interior Walls (A.9)
Vacuum Carpets (A.10)
Sweep Concrete, Ceramic Tile, and Resilient Floors (A.14) Wet Mop Floors (A.15)
Dust below Eight Feet (A.16)
Disinfect Restroom Doors, Door Frames, Door Hardware, and Switch plates (B.1) Refill Restroom Dispensers (B.2)
Disinfect Restroom Countertops (B.3)
Disinfect Restroom Sinks (B.4)
Clean Restroom Mirrors (B.5)
Disinfect Restroom Walls and Partitions (B.6)
Disinfect Restroom Floors (B.7)
Disinfect and Descale Toilets and Urinals (B.8)
Disinfect Showers and Adjacent Changing Areas (B.9)
Clean Shower Drain Grates (B.10)
Check for and Correct Minor Plumbing Problems (B.11)
Polish Brightwork (B.12)
Refill Breakroom/Kitchen Dispensers (C.1)
Disinfect Breakroom/Kitchen Countertops (C.2)
Spot Clean Exteriors of Breakroom/Kitchen Cabinets, Refrigerators, and Conventional Ovens (C.3) Disinfect Breakroom/Kitchen Sinks (C.4)
Clean Microwave Ovens (C.5)
Wipe Down Breakroom/Meeting Room Tables and Chairs (C.7)

NOTE: Once a week flush each floor drain in restrooms with a bucket of water.

MONTHLY TASKS:

Complete Window Washing (D) – 401 sq. ft.

Council Agenda 6-4-2024 9.I-18
Attachment 2
Packet Page 84

31 Exterior Window Washing (E)
Shower and Changing Area Scrubbing (K)

QUARTERLY TASKS: (Performed in the months of January, April, July, and October) Carpet Extraction (F)
Carpet Bonnet-Cleaning (G)
High Dusting above Eight Feet (J)

PERIODICALLY REQUESTED TASKS:

Hard Floor Scrubbing and Recoating (H)
Hard Floor Stripping and Recoating (I)
Replace waterless urinal cartridges first week of July, November, and March (B)

32 JANITORIAL TASKS AND FREQUENCIES

Visitor Information Center Airstream Trailer & Restroom, Pier

CATEGORY: General Offices
MAINTENANCE PERIOD: Year-round
ALLOWED WORKHOURS: Two days per week – Friday and Monday 6:00 p.m. to 7:00 a.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

ONE DAY PER WEEK TASKS (Monday and Friday):

MONTHLY TASKS:

Complete Window Washing (D) – 167 sq. ft.

Exterior Window Washing (E)
Hard Floor Scrubbing and Recoating (H)
Hard Floor Stripping and Recoating (I)
High Dusting above Eight Feet (J)

Council Agenda 6-4-2024 9.I-19
Attachment 2
Packet Page 85

33 JANITORIAL TASKS AND FREQUENCIES

Police Station, 320 Main Street

CATEGORY: Public Safety Offices
MAINTENANCE PERIOD: Year-round Until Public Safety Facility is Built ALLOWED WORKHOURS: Three days per week (Monday thru Friday) 8:00 a.m. to 5:00 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

THREE DAYS PER WEEK TASKS (Monday thru Friday):

Use Appropriate Cleaning Compounds (A.1)
Report Problems (A.2)
Empty and Clean Wastebaskets and Trashcans (A.3)
Clean Lobby Counters (A.6)
Spot Clean Window and Door Glass at Entrances including interior partitions (A.7) Spot Clean Doors, Door Frames, Door Hardware, and Switch plates (A.8) Spot Clean Interior Walls (A.9)
Vacuum Carpets (A.10)
Sweep Concrete, Ceramic Tile, and Resilient Floors including exterior porch area (A.14) Wet Mop Floors (A.15)
Dust below Eight Feet) including ledges and railings on exterior porch and stairway areas (A.16 Disinfect Restroom Doors, Door Frames, Door Hardware, and Switch plates (B.1) Refill Restroom Dispensers (B.2)
Disinfect Restroom Countertops (B.3)
Disinfect Restroom Sinks (B.4)
Clean Restroom Mirrors (B.5)
Disinfect Restroom Walls and Partitions (B.6)
Disinfect Restroom Floors (B.7)
Disinfect and Descale Toilets and Urinals (B.8)
Disinfect Showers and Adjacent Changing Areas (B.9)
Clean Shower Drain Grates (B.10)
Check for and Correct Minor Plumbing Problems (B.11)
Polish Brightwork (B.12)
Refill Breakroom/Kitchen Dispensers (C.1)
Disinfect Breakroom/Kitchen Countertops (C.2)
Spot Clean Exteriors of Breakroom/Kitchen Cabinets, Refrigerators, and Conventional Ovens (C.3) Disinfect Breakroom/Kitchen Sinks (C.4)
Clean Microwave Ovens (C.5)
Spot Clean Breakroom/Meeting Room Tables and Chairs (C.6)

WEEKLY TASKS:

Spot Clean Carpets (A.11)
Wipe Down Breakroom/Meeting Room Tables and Chairs (C.7)

NOTE: Once a week flush each detention cell floor drain with a bucket of water. Once a week flush each floor drain in restrooms with a bucket of water.
34 MONTHLY TASKS:

Complete Window Washing (D) – 364 sq. ft.

Exterior Window Washing (E)
Shower and Changing Area Scrubbing (K)

PERIODICALLY REQUESTED TASKS:

Carpet Extraction (F)
Carpet Bonnet-Cleaning (G)
High Dusting above Eight Feet (J)

Council Agenda 6-4-2024 9.I-20
Attachment 2
Packet Page 86

35 JANITORIAL TASKS AND FREQUENCIES

Police Station Portables, 330 Main Street

CATEGORY: Public Safety Offices
MAINTENANCE PERIOD: Year-round Until Public Safety Facility Opens ALLOWED WORKHOURS: Three days per week (Monday thru Friday) 8:00 a.m. to 5:00 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

THREE DAYS PER WEEK TASKS (Monday thru Friday):

Use Appropriate Cleaning Compounds (A.1)
Report Problems (A.2)
Empty and Clean Wastebaskets and Trashcans (A.3)
Clean and Disinfect Drinking Fountains (A.5)
Clean Lobby Counters (A.6)
Spot Clean Window and Door Glass at Entrances including interior partitions (A.7) Spot Clean Doors, Door Frames, Door Hardware, and Switch plates (A.8) Spot Clean Interior Walls (A.9)
Vacuum Carpets (A.10)
Sweep Concrete, Ceramic Tile, and Resilient Floors including exterior porch area (A.14) Wet Mop Floors (A.15)
Dust below Eight Feet) including ledges and railings on exterior porch and stairway areas (A.16 Disinfect Restroom Doors, Door Frames, Door Hardware, and Switch plates (B.1) Refill Restroom Dispensers (B.2)
Disinfect Restroom Countertops (B.3)
Disinfect Restroom Sinks (B.4)
Clean Restroom Mirrors (B.5)
Disinfect Restroom Walls and Partitions (B.6)
Disinfect Restroom Floors (B.7)
Disinfect and Descale Toilets and Urinals (B.8)
Check for and Correct Minor Plumbing Problems (B.11)
Polish Brightwork (B.12)
Spot Clean Breakroom/Meeting Room Tables and Chairs (C.6)

WEEKLY TASKS:

Spot Clean Carpets (A.11)
Wipe Down Breakroom/Meeting Room Tables and Chairs (C.7)

MONTHLY TASKS:

Complete Window Washing (D) – 364 sq. ft.

Exterior Window Washing (E)
Shower and Changing Area Scrubbing (K)

PERIODICALLY REQUESTED TASKS:

Carpet Extraction (F)
Carpet Bonnet-Cleaning (G)
High Dusting above Eight Feet (J)
36 JANITORIAL TASKS AND FREQUENCIES

Police Station, 760 Mattie Road, Suite A-1

CATEGORY: Public Safety Offices
MAINTENANCE PERIOD: Year-round Until New Public Safety Building is Built ALLOWED WORKHOURS: Three days per week (Monday thru Friday) 3:00 p.m. to 6:00 a.m.

Note: certain offices need to be cleaned BEFORE 5:00 p.m. and will be identified during the job walk.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

THREE DAYS PER WEEK TASKS (Monday thru Friday):

Use Appropriate Cleaning Compounds (A.1)
Report Problems (A.2)
Empty and Clean Wastebaskets and Trashcans (A.3)
Empty and Clean Ashtrays (A.4)
Clean and Disinfect Drinking Fountains (A.5)
Clean Lobby Counters (A.6)
Spot Clean Window and Door Glass at Entrances including interior partitions (A.7) Spot Clean Doors, Door Frames, Door Hardware, and Switch plates (A.8) Spot Clean Interior Walls (A.9)
Vacuum Carpets (A.10)
Sweep Concrete, Ceramic Tile, and Resilient Floors including exterior porch area (A.14) Wet Mop Floors (A.15)
Dust below Eight Feet) including ledges and railings on exterior porch and stairway areas (A.16 Disinfect Restroom Doors, Door Frames, Door Hardware, and Switch plates (B.1) Refill Restroom Dispensers (B.2)
Disinfect Restroom Countertops (B.3)
Disinfect Restroom Sinks (B.4)
Clean Restroom Mirrors (B.5)
Disinfect Restroom Walls and Partitions (B.6)
Disinfect Restroom Floors (B.7)
Disinfect and Descale Toilets and Urinals (B.8)
Disinfect Showers and Adjacent Changing Areas (B.9)
Clean Shower Drain Grates (B.10)
Check for and Correct Minor Plumbing Problems (B.11)
Polish Brightwork (B.12)
Refill Breakroom/Kitchen Dispensers (C.1)
Disinfect Breakroom/Kitchen Countertops (C.2)
Spot Clean Exteriors of Breakroom/Kitchen Cabinets, Refrigerators, and Conventional Ovens (C.3) Disinfect Breakroom/Kitchen Sinks (C.4)
Clean Microwave Ovens (C.5)
Spot Clean Breakroom/Meeting Room Tables and Chairs (C.6)

WEEKLY TASKS:

Spot Clean Carpets (A.11)
Wipe Down Breakroom/Meeting Room Tables and Chairs (C.7) Council Agenda 6-4-2024 9.I-21
Attachment 2
Packet Page 87

37 NOTE: Once a week flush each detention cell floor drain with a bucket of water. Once a week flush each floor drain in restrooms with a bucket of water.

MONTHLY TASKS:

Complete Window Washing (D)
Exterior Window Washing (E)
Shower and Changing Area Scrubbing (K)

PERIODICALLY REQUESTED TASKS:

Carpet Extraction (F)
Carpet Bonnet-Cleaning (G)
High Dusting above Eight Feet (J)

38 JANITORIAL TASKS AND FREQUENCIES

Police Annex and Parking Offices, 580 Dolliver

CATEGORY: General Offices
MAINTENANCE PERIOD: Year-round
ALLOWED WORKHOURS: One day per week – Monday 6:00 p.m. to 7:00 a.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

ONE DAY PER WEEK TASKS (Monday):

MONTHLY TASKS:

Complete Window Washing (D) – 167 sq. ft.

Exterior Window Washing (E)
Hard Floor Scrubbing and Recoating (H)
Hard Floor Stripping and Recoating (I)
High Dusting above Eight Feet (J)

Council Agenda 6-4-2024 9.I-22
Attachment 2
Packet Page 88

39 JANITORIAL TASKS AND FREQUENCIES

Pier Restroom, 640 sq. ft.

CATEGORY: Public Restrooms
MAINTENANCE PERIOD: Year-round
ALLOWED WORKHOURS: Three times Daily between 7:00 a.m., 1:00 p.m., & 3:30 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072 *NOTE: ALL DAY ATTENDENTS NEEDED FOR FOUTH OF JULY

SEVEN DAYS PER WEEK TASKS (Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and Sunday):

Use Appropriate Cleaning Compounds (A.1)
Report Problems (A.2)
Empty and Clean Wastebaskets and Trashcans (A.3)
Clean and Disinfect Drinking Fountains (A.5)
Spot Clean Doors, Door Frames, Door Hardware, and Switch plates (A.8) Spot Clean Interior Walls (A.9)
Sweep Concrete, Ceramic Tile, and Resilient Floors (A.14) Wet Mop Floors (A.15)
Dust below Eight Feet (A.16)
Disinfect Restroom Doors, Door Frames, Door Hardware, and Switch plates (B.1) Refill Restroom Dispensers (B.2)
Disinfect Restroom Countertops (B.3)
Disinfect Restroom Sinks (B.4)
Clean Restroom Mirrors (B.5)
Disinfect Restroom Walls and Partitions (B.6)
Disinfect Restroom Floors (B.7)
Disinfect and Descale Toilets and Urinals (B.8)
Disinfect Showers and Adjacent Changing Areas (B.9)
Clean Shower Drain Grates (B.10)
Check for and Correct Minor Plumbing Problems (B.11)
Polish Brightwork (B.12)
Graffiti Abatement (B.13)
Exterior Monitoring (B.14)

NOTE: Once a week flush each floor drain in restrooms with a bucket of water. Once a week flush waterless urinal with a bucket of water.

40 JANITORIAL TASKS AND FREQUENCIES

Pier Restroom, 640 sq. ft.

CATEGORY: Public Restrooms
MAINTENANCE PERIOD: Seasonal
ALLOWED WORKHOURS: Friday, Saturday, Sunday, and Holidays between 12:00 pm (noon) to 9:00 pm CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

TWO TO THREE DAYS PER WEEK TASKS (Friday, Saturday, Sunday, and Holidays):

Disinfect Restroom Floors (B.7)

Disinfect and Descale Toilets and Urinals (B.8)
Disinfect Showers and Adjacent Changing Areas (B.9)
Clean Shower Drain Grates (B.10)
Check for and Correct Minor Plumbing Problems (B.11)
Polish Brightwork (B.12)
Graffiti Abatement (B.13)
Exterior Monitoring (B.14)
Seasonal Female Restroom Attendant (B.15)

NOTE: Once a week flush each floor drain in restrooms with a bucket of water.

Council Agenda 6-4-2024 9.I-23
Attachment 2
Packet Page 89

41 JANITORIAL TASKS AND FREQUENCIES

Addie Parking Lot, 300 sq. ft.

CATEGORY: Public Restrooms
MAINTENANCE PERIOD: Year-round
ALLOWED WORKHOURS: Three times Daily between 7:00 a.m. to 4:00 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

SEVEN DAYS PER WEEK TASKS (Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and Sunday):

Disinfect Restroom Floors (B.7)

NOTE: Once a week flush each floor drain in restrooms with a bucket of water.

42 JANITORIAL TASKS AND FREQUENCIES

Addie Parking Lot, 300 sq. ft.

CATEGORY: Public Restrooms
MAINTENANCE PERIOD: Seasonal
ALLOWED WORKHOURS: Friday, Saturday, Sunday, and Holidays between 12:00 p.m. (noon) to 9:00 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

TWO TO THREE DAYS PER WEEK TASKS (Friday, Saturday, Sunday, and Holidays):

Disinfect Restroom Floors (B.7)
Disinfect and Descale Toilets and Urinals (B.8)
Disinfect Showers and Adjacent Changing Areas (B.9)
Clean Shower Drain Grates (B.10)
Check for and Correct Minor Plumbing Problems (B.11)
Polish Brightwork (B.12)
Graffiti Abatement (B.13)
Exterior Monitoring (B.14)
Seasonal Female Restroom Attendant (B.15)

NOTE: Once a week flush each floor drain in restrooms with a bucket of water.

Council Agenda 6-4-2024 9.I-24
Attachment 2
Packet Page 90

43 JANITORIAL TASKS AND FREQUENCIES

Mary Harrington Park, 91 sq. ft.

CATEGORY: Public Restrooms
MAINTENANCE PERIOD: Year-round
ALLOWED WORKHOURS: Twice Daily between 7:00 a.m. to 4:00 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

SEVEN DAYS PER WEEK TASKS (Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and Sunday):

Disinfect Restroom Floors (B.7)

NOTE: Once a week flush each floor drain in restrooms with a bucket of water.

44 JANITORIAL TASKS AND FREQUENCIES

Ira Lease Park, 91 sq. ft.

CATEGORY: Public Restrooms
MAINTENANCE PERIOD: Year-round
ALLOWED WORKHOURS: Twice Daily between 7:00 a.m. to 4:00 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

SEVEN DAYS PER WEEK TASKS (Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and Sunday):

Disinfect Restroom Floors (B.7)

NOTE: Once a week flush each floor drain in restrooms with a bucket of water.

Council Agenda 6-4-2024 9.I-25
Attachment 2
Packet Page 91

45 JANITORIAL TASKS AND FREQUENCIES

Community Baseball Fields, 272 sq. ft.

CATEGORY: Public Restrooms
MAINTENANCE PERIOD: Seasonal ** Second week in February through second week in June MAINTENANCE PERIOD: Seasonal *** Second week in June through first week in November ALLOWED WORKHOURS: Daily between 7:00 a.m. to 4:00 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

FOUR DAYS PER WEEK TASKS ** (Monday, Wednesday, Friday, and Saturday):

TWO DAYS A WEEK *** (Monday and Friday)
Use Appropriate Cleaning Compounds (A.1)
Report Problems (A.2)
Empty and Clean Wastebaskets and Trashcans (A.3)
Clean and Disinfect Drinking Fountains (A.5)
Spot Clean Doors, Door Frames, Door Hardware, and Switch plates (A.8) Spot Clean Interior Walls (A.9)
Sweep Concrete, Ceramic Tile, and Resilient Floors (A.14) Wet Mop Floors (A.15)
Dust below Eight Feet (A.16)
Disinfect Restroom Doors, Door Frames, Door Hardware, and Switch plates (B.1) Refill Restroom Dispensers (B.2)
Disinfect Restroom Countertops (B.3)
Disinfect Restroom Sinks (B.4)
Clean Restroom Mirrors (B.5)
Disinfect Restroom Walls and Partitions (B.6)

Disinfect Restroom Floors (B.7)

NOTE: Once a week flush each floor drain in restrooms with a bucket of water.

46 JANITORIAL TASKS AND FREQUENCIES

Main Parking Lot, 91 sq. ft.

CATEGORY: Public Restrooms
MAINTENANCE PERIOD: Year-round
ALLOWED WORKHOURS: Twice Daily between 7:00 a.m. to 4:00 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

SEVEN DAYS PER WEEK TASKS (Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and Sunday):

Disinfect Restroom Floors (B.7)

NOTE: Once a week flush each floor drain in restrooms with a bucket of water.

Council Agenda 6-4-2024 9.I-26
Attachment 2
Packet Page 92

47 JANITORIAL TASKS AND FREQUENCIES

Main Parking Lot, 91 sq. ft.

CATEGORY: Public Restrooms
MAINTENANCE PERIOD: Seasonal
ALLOWED WORKHOURS: Friday, Saturday, Sunday, and Holidays between 12:00 p.m. (noon) to 9:00 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

TWO TO THREE DAYS PER WEEK TASKS (Friday, Saturday, Sunday, and Holidays):

NOTE: Once a week flush each floor drain in restrooms with a bucket of water.

48 JANITORIAL TASKS AND FREQUENCIES

Wadsworth Stairs, 91 sq. ft.

CATEGORY: Public Restrooms
MAINTENANCE PERIOD: Year-round
ALLOWED WORKHOURS: Twice Daily between 7:00 a.m. to 4:00 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

SEVEN DAYS PER WEEK TASKS (Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and Sunday):

Disinfect Restroom Floors (B.7)

NOTE: Once a week flush each floor drain in restrooms with a bucket of water.

Council Agenda 6-4-2024 9.I-27
Attachment 2
Packet Page 93

49 JANITORIAL TASKS AND FREQUENCIES

Wadsworth Stairs, 91 sq. ft.

CATEGORY: Public Restrooms
MAINTENANCE PERIOD: Seasonal
ALLOWED WORKHOURS: Friday, Saturday, Sunday, and Holidays between 12:00 p.m. (noon) to 9:00 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

TWO TO THREE DAYS PER WEEK TASKS (Friday, Saturday, Sunday, and Holidays):

NOTE: Once a week flush each floor drain in restrooms with a bucket of water.

50 JANITORIAL TASKS AND FREQUENCIES

Dinosaur Caves Park, 604 sq. ft.

CATEGORY: Public Restrooms
MAINTENANCE PERIOD: Year-round & Special
Events as Needed
ALLOWED WORKHOURS: Twice Daily between 7:00 a.m. to 4:00 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

SEVEN DAYS PER WEEK TASKS (Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and Sunday):

Disinfect Restroom Floors (B.7)

NOTE:

1. Once a week flush each floor drain in restrooms with a bucket of water.

2. Initial cleaning will be before 9:00 a.m. on days with a special event. (Notice will be given before scheduled events)

Council Agenda 6-4-2024 9.I-28
Attachment 2
Packet Page 94

51 JANITORIAL TASKS AND FREQUENCIES

Spyglass Park, 91 sq. ft.

CATEGORY: Public Restrooms
MAINTENANCE PERIOD: Year-round
ALLOWED WORKHOURS: Daily between 7:00 a.m. to 4:00 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

SEVEN DAYS PER WEEK TASKS (Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and Sunday):

NOTE: Once a week flush each floor drain in restrooms with a bucket of water.

52 JANITORIAL TASKS AND FREQUENCIES

Chumash Park, 85 sq. ft.

CATEGORY: Public Restrooms
MAINTENANCE PERIOD: Year-round
ALLOWED WORKHOURS: Daily between 7:00 a.m. to 4:00 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

SEVEN DAYS PER WEEK TASKS (Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and Sunday):

Disinfect Restroom Floors (B.7)

Council Agenda 6-4-2024 9.I-29
Attachment 2
Packet Page 95

53 JANITORIAL TASKS AND FREQUENCIES

Price Historic Park, 118 sq. ft.

CATEGORY: Public Restrooms
MAINTENANCE PERIOD: Year-round
ALLOWED WORKHOURS: Daily between 7:00 a.m. to 4:00 p.m.

CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

SEVEN DAYS PER WEEK TASKS (Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and Sunday):

Disinfect Restroom Floors (B.7)

54 JANITORIAL TASKS AND FREQUENCIES

Chapman Estate Restrooms, 500 sq. ft.

CATEGORY: Public Restrooms
MAINTENANCE PERIOD: Year-round and
Special Events as needed
ALLOWED WORKHOURS: Mondays between 7:00am – 8:00pm
CITY REPRESENTATIVE: Public Facilities Manager, 773-7072

WEEKLY TASKS (Monday):

Use Appropriate Cleaning Compounds (A.1)
Report Problems (A.2)
Empty and Clean Wastebaskets and Trashcans (A.3)
Spot Clean Doors, Door Frames, Door Hardware, and Switch plates (A.8) Spot Clean Interior Walls (A.9)
Sweep Concrete, Ceramic Tile, and Resilient Floors (A.14) Wet Mop Floors (A.15)
Dust below Eight Feet (A.16)
Disinfect Restroom Doors, Door Frames, Door Hardware, and Switch plates (B.1) Refill Restroom Dispensers (B.2)
Disinfect Restroom Countertops (B.3)
Disinfect Restroom Sinks (B.4)
Clean Restroom Mirrors (B.5)
Disinfect Restroom Walls (B.6)
Disinfect Restroom Floors (B.7)
Disinfect and Descale Toilets (B.8)
Disinfect Adjacent Changing Areas (B.9)
Check for and Correct Minor Plumbing Problems (B.11)
Polish Brightwork (B.12)
Graffiti Abatement (B.13)
Exterior Monitoring (B.14)

Council Agenda 6-4-2024 9.I-30
Attachment 2
Packet Page 96

16 CONTRACT COST PROPOSAL
Janitorial Services for City Facilities
Description of Facility/Item Monthly
Cost
Total
Annual
Fee
Annual Fee
Signature of Authorized Representative: ______ ____________ Date: __________ Pismo Beach Veteran’s Hall
Shell BeachVeteran's Hall
City Hall Offices
Corporation Yard & Wastewater Operations Office
Pier Parking Lot
Addie Parking Lot
Mary Harrington Park
Ira Lease Park
Community Baseball Field and Parking lot
Wadsworth Stairs
Dinosaur Caves Park
Spyglass Park
Chumash Park
Price Historical Park
Chapman Estate
1010.88
336.96
1516.32
1684.80
673.92Visitors Information Center Airstream & Restroom, Pier Police Department -320/330 Main St., 760 Mattie St. 2021.76 PD Annex & Parking Offices, 585 Dolliver 168.48
2948.40
2358.72
884.52
884.52
1794.96
884.52
1179.36
884.52
884.52
884.52
168.48
$254041.90
_____ ____4/23/2024

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Council Agenda 6-4-2024 9.I-31
Attachment 2
Packet Page 97

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.J
Meeting Date: June 4, 2024, 2024
TITLE:

Contract Amendment #2 with Olin Corporation for Supply of Sodium Hypochlorite RECOMMENDATION:

DISCUSSION:

Sodium hypochlorite is used in the City’s Wastewater Treatment Plant as a source of chlorine for disinfectant as part of the treatment process. In June of 2022 through a competitive bid process, the City entered into a contract with Olin Corporation, dba Olin Chlor Alkali Products and Vinyls (Olin Corp) for one year with three options to extend the agreement for an additional one-year period.

The initial contract was authorized by City Council on June 7, 2022, for $2.083 per gallon, not to exceed an amount of $103,109 in Fiscal Year (FY) 2023. Contract Amendment #1 was authorized by City Council on June 6, 2024 for $2.5272 per gallon, not to exceed $126,360 in FY 2024. Staff requested a quote from Olin Corp to continue to provide sodium hypochlorite for FY 2025. The quote maintains the previous year’s cost of $2.5272 per gallon, not to exceed $126,360.

Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute Amendment #2 to the existing Professional Services Agreement with Olin Corp to supply sodium hypochlorite in the amount not to exceed $126,360 in FY 2025.

FISCAL IMPACT:

The fiscal impact of approving the attached Resolution is $126,360 in the Wastewater Enterprise Fund. The FY 2025 budget includes $110,004 in the Wastewater Enterprise Fund chlorine account for the purchase of sodium hypochlorite. The following table lists the budgeted amount, proposed contract costs, and budget shortfall.

FY 2025 Wastewater Enterprise Fund Chlorine Budget $110,004 Proposed Olin Corp Contract Costs $126,360
FY 2025 Budget Shortfall $(16,356)
Council Agenda 6-4-2024 9.J-1
Packet Page 98

Staff recommends appropriating $16,400 in FY 2025 in the Wastewater Enterprise Fund chlorine account, supported by the Wastewater Enterprise Fund net position (available fund balance).

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Amendment #2
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 6-4-2024 9.J-2
Packet Page 99

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 #2

TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH OLIN

CORPORATION, DBA OLIN CHLOR ALKALI PRODUCTS AND VINYLS TO SUPPLY SODIUM HYPOCHLORITE IN AN AMOUNT NOT TO EXCEED $126,360 FOR FISCAL YEAR 2025 AND APPROPRIATING RELATED BUDGET ADJUSTMENTS WHEREAS, sodium hypochlorite is used in the City’s Wastewater Treatment Plant as a source of chlorine for disinfectant as part of the treatment process; and WHEREAS, In June of 2022 through a competitive bid process, the City entered into a contract with Olin Corporation, dba Olin Chlor Alkali Products and Vinyls (Olin Corp) for one year with three options to extend the agreement for an additional one-year period; and
WHEREAS, staff requested a quote from Olin Corp to continue to provide sodium hypochlorite for Fisal Year (FY) 2025; and
WHEREAS, the quote maintains the previous year’s cost of $2.5272 per gallon, not to exceed $126,360.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #2 (Exhibit A) to the existing Professional Services Agreement with Olin Corp to supply sodium hypochlorite in an amount not to exceed $126,360 for FY 2025.

BE IT FURTHER RESOLVED that the that the City Council of the City of Pismo Beach hereby appropriates $16,400 in the Wastewater Enterprise Fund chlorine account in FY 2025, supported by the Wastewater Enterprise Fund net position (available fund balance), which will provide the additional budget needed to acquire sodium hypochlorite.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Council Agenda 6-4-2024 9.J-3
Attachment 1
Packet Page 100

AMENDMENT # 2
to the
JUNE 29, 2023 AGREEMENT BETWEEN THE CITY OF PISMO BEACH

AND OLIN CORPORATION, DBA OLIN CHLOR ALKALI PRODUCTS AND VINYLS Pursuant to the June 29, 2023 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and Olin Corporation, dba Olin Chlor Alkali Products and Vinyls, 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 May 21, 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 $2.5272 per gallon not to exceed one hundred twenty-six thousand three hundred sixty dollars ($126,360), without prior written approval of the City.

3.The revised fee under the June 29, 2023 contract, plus addendum s 1-2, is three hundred fifty-five thousand eight hundred twenty-nine dollars ($355,829).

4.The term end date of the agreement is hereby revised to June 30, 2025.

5.All other provisions of the subject 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
VENDOR:

Olin Corporation, dba Olin Chlor Alkali
Products and Vinyls
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: ____________________________
Council Agenda 6-4-2024 9.J-5
Attachment 1.A
Packet Page 102

490 Stuart Road NE, Cleveland, Tennessee 37312
423/336-4850 • 423/336-4830
Internet Address: www.olinchloralkali.com
May 21, 2024
Billy Haas, Utilities Manager
City of Pismo Beach Public Works Department
550 Frady Lane
Pismo Beach, CA 93449
805-773-7075 Direct
Subject : ANNUAL PROPOSAL (SEMI-ANNUAL PRICING ) – 12.5 WT % SODIUM HYPOCHLORITE Dear Billy:

Following our recent discussions, Olin Corporation, for and on behalf of itself and its subsidiaries (“Olin”) is pleased to provide City of Pismo Beach Public Works Department (“Buyer”) with our proposal to supply 12.5 wt% Sodium Hypochlorite to your wastewater facility. Our proposal is outlined below:

PRODUCT & GRADE: 12.5 wt% Sodium Hypochlorite, meeting the West Coast Water Treatment Specification attached hereto as Addendum A
QUANTITY: 100% of Buyer's requirements estimated to be 50,000 gallons per year, and not to exceed 125% of estimate in any contract year without Olin’s prior approval.

DELIVERY PERIOD: 07/01/2024 through 6/30/202 5 . Extensions upon mutual agreement PRICE & FREIGHT Sodium Hypochlorite, 12.5%
Min. delivered quantities 7/1/202 4 – 12/31/202 4 Semi-Annual Pricing Full Truck Load $2.3 4/gal + Applicable Taxes*
New pricing effective 7/1/2024 and will be negotiated semi-annual based on market conditions Note: Pricing is plus U.S. Superfund Excise Tax Surcharge ($0.004/gal. for 12.5 wt% bleach) CONTAINER: Olin's provided Tank Truck
ORIGIN: Olin’s Primary Shipping Point, Pittsburg, CA or other preferred shipping point DESTINATION: Buyer’s Wastewater Treatment Facility in Pismo Beach , CA PAYMENT TERMS: Net thirty (30) days from date of invoice ADDITIONAL PROVISIONS: •Seller reserves the right by written notice given at any time before shipment, to increase the price, if there is any increase in the price or cost of the product(s) to Seller due to increases in the cost of raw materials (including energy), labor or transport or any other causes beyond the control of Seller, provided that Seller gives advance notice to Buyer of any such price adjustment including reasonable explanations for this adjustment. •This proposal is made subject to the execution by the parties of a sales contract in a form to be agreed.
•Tank truck detention charges incurred at destination shall be for Buyer’s account.

Council Agenda 6-4-2024 9.J-6
Attachment 1.A
Packet Page 103

Supply Proposal Page 2

• Product shipped shall meet Olin’s specification at delivery, copy of which is attached. • Olin reserves the right to cancel this proposal at any time prior to mutual agreement and execution by the parities of a sales contract, and in any event this proposal may expire if sales contract is not executed by Buyer on or before the 20th day following the date hereof.

We trust the above meets with your approval. Should you require any assistance, or have any questions concerning this proposal, please feel free to contact us at your earliest convenience.

Yours truly,

Jason Cho

Jason Cho
Account Manager

Attachments: West Coast Water Treatment Specification
Council Agenda 6-4-2024 9.J-7
Attachment 1.A
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Addendum A
Council Agenda 6-4-2024 9.J-8
Attachment 1.A
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.K
Meeting Date: June 4, 2024
TITLE:

Amendment #3 to the Professional Services Agreement with SP Maintenance Services, Inc. for Parking Lot and Street Sweeping
RECOMMENDATION:

DISCUSSION:

On May 15, 2018, the City Council authorized a professional services agreement with SP Maintenance Services, Inc. (SP Maintenance) for parking lot and street sweeping in the City of Pismo Beach. The contract was for a term of four years, with the possibility of two additional two-year extensions.

Amendment #1 was executed under the City Manger’s authority in February 2021 to add the newly constructed parking lot on Shell Beach Road to the scope of work. On April 19, 2022, the City Council approved Amendment #2 to continue parking lot and street sweeping for an additional two years. The contract is currently set to expire on June 30, 2024. Staff requested a quote to extend the current agreement for an additional two years, through June 30, 2026. SP Maintenance provided a quote (Attachment 1.A) of $61,892 per year, for two years to continue with parking lot and street sweeping services.

Conclusion and Recommendation
Staff recommends that the Council adopt a Resolution (Attachment 1) authorizing Amendment #3 to the existing Professional Services Agreement with SP Maintenance in the amount of $61,892 per year, $123,784 for two years of parking lot and street sweeping.

FISCAL IMPACT:

The fiscal impact of adopting the attached Resolution is $123,784 over two years, or $61,892 per year for fiscal year (FY) 2025 and FY 2026. The FY 2025 General Fund Public Works Department Facilities Division Streets Activity contract services budget has sufficient budget available that can be used for the parking lot and street sweeping services.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Proposed Amendment #3
Prepared by:

Erin Olsen, Senior Management Analyst
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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 CONTRACT AMENDMENT #3 WITH SP MAINTENANCE SERVICES, INC. IN THE AMOUNT OF $61,892 PER YEAR FOR TWO YEARS OF PARKING LOT AND STREET SWEEPING FOR FISCAL YEARS 2025 AND 2026
WHEREAS, on May 15, 2018, the City Council authorized a professional services agreement with SP Maintenance Services, Inc. (SP Maintenance) for parking lot and street sweeping services; and
WHEREAS, Amendment #1 was executed under the City Manger’s authority in February 2021 to add the newly constructed parking lot on Shell Beach Road to the scope of work; and
WHEREAS, on April 19, 2022, the City Council approved Amendment #2 to continue parking lot and street sweeping through June 30, 2024; and WHEREAS, SP Maintenance provided a quote of $61,892 per year, for two years to continue with parking lot and street sweeping services through June 30, 2026; and WHEREAS, the FY 2025 General Fund Public Works Department Facilities Division Streets Activity contract services budget has sufficient budget available that can be used for these services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Contract Amendment #3 (Exhibit A) with SP Maintenance Services, Inc. in the amount of $61,892 per year, $123,784 for two years of parking lot and street sweeping in fiscal years 2025 and 2026.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 6-4-2024 9.K-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 6-4-2024 9.K-4
Attachment 1
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AMENDMENT # 3
to the
JULY 1, 2018 AGREEMENT BETWEEN THE CITY OF PISMO BEACH
AND SP MAINTENANCE SERVICES, INC.

Pursuant to the July 1, 2018 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and SP Maintenance Services, Inc., 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 May 22, 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 sixty-one thousand eight hundred ninety-two dollars ($61,892) per year, one hundred twenty-three thousand seven hundred eighty-four dollars ($123,784) for two years, without prior written approval of the City.

3.The revised fee under the July 1, 2018 contract, plus addendum s 1 -3, is four hundred forty- seven thousand seven hundred thirty-one dollars and fifty cents ($447,731.50).

4.The term end date of the agreement is hereby revised to June 30, 2026.

5.All other provisions of the subject agreement between City and Vendor shall remain in full force and effect.

Signatures begin on next page.

Council Agenda 6-4-2024 9.K-5
Attachment 1.A
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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: ________________________________
ATTEST:

Signed:

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

Signed:

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

SP Maintenance Services, Inc.

Signed:

Council Agenda 6-4-2024 9.K-7
Attachment 1.A
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ROUTES CURRENT RATE 2024 INCREASE
Route #1 $1,188.00 $1,307.00
Stub Streets:

West of U.S. 101 from Price to the end of the street at U.S. 101 Includes: Bay, Harloe, San Luis, Hollister, Pismo, Main, Pomeroy, Stimson and Oceanview.

Route #2 $3,432.00 $3,775.00
Downtown Core:

Includes: Pomeroy and Hinds from Dolliver to the Pier Parking Lot. Cypress from Main to Stimpson, Main from Dolliver to the southern end of the street, and Dolliver from Main to Hinds.

Parking Lots Group #1 $47,190.00 $51,909.00
Includes: Pier, Addie Street, Upper Pomeroy, Main Street South, Main Street North, Chamber of Commerce and the Price Street Diagonal Parking.

Parking Lots Group #2 $3,960.00 $4,356.00
Includes: Ira Lease Park, Mary Harington Park, Pismo Vets Hall, Chumash Park, Dinasaur Caves Park, City Hall, Shell Beach Vets Hall, Spy Glass Park,, The Bluffs Park, Police Department, Shell Beach Tennis Courts, Shell Beach Basket Ball Courts and Shell Beach Road Parking Lot.

Amendment 1/2021 - Shell Beach Parking Lot (1x per month)$495.00 $545.00 Added: 1465 Shell Beach Road Parking Lot - 1x per month. $56,265.00 $61,892.00

PARKING LOT & STREET SWEEPING ROUTES
Proposed Contract Extension - 10% Increase
Effective July 1, 2024 - June 30, 2026

ANNUALLY
Council Agenda 6-4-2024 9.K-8
Attachment 1.A
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
Meeting Date: June 4, 2024
TITLE:

Fire Department Semi-Annual Report
RECOMMENDATION:

Receive Fire Department briefing.

DISCUSSION:

Battalion Chief Paul Lee will deliver a report of Fire Department activities including a report of SB 1205 mandated inspections since the last report, which was provided in December 2023.

FISCAL IMPACT:

This report is for informational purposes only and has no fiscal impact.

ATTACHMENTS:

1. June 4, 2024 Fire Department Semi-Annual Report
Prepared by:

Michelle Pearson, Administrative Assistant
Submitted by: Paul Lee, Battalion Chief
City Manager Approval:

Council Agenda 6-4-2024 12.A-1
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Prepared by: Michelle Pearson, Administrative Assistant Submitted by: Paul Lee, Battalion Chief
Emergency Response

1. Emergency Response by Type

2. Year Incident Review
Lifeguard Program

1. Early Recruitment

2. Lead Lifeguard Academy

3. Watch Tower Program
Junior Lifeguard Program

1. 70 participants-Session 1, 40 participants-Session 2

2. New Format (3
rd year) numbers are increasing
Prevention

1. Special Events

2. Surf Events

3. 4
th of July

4. Sidewalk CPR

5. Car Show

6. Weed Abatement Program

7. SB 1205 Inspections-100% completion
Vegetation Management Program (VMP)

1. CAL FIRE Fuels Projects

2. Lighthouse Unit 3

3.Cave/Bluffs/Ontario Communication Site

4. 1000 Hills RX Burn

5. Pile Burning

6. Avila Control Lines
June 2024 Fire Department Semi Annual Report
John Owens, Unit Chief
Council Agenda 6-4-2024 12.A-2
Attachment 1
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Staffing

1. Captain Dell Wells

2.Engineers

3. Training
Equipment

1. New Engine

2. Rescue Type 3 recertification

3. Rope System changes

4. Lifeguard Tower

5. Going Green-most small engines replaced
Grants

1. Fire Safe Council

2. OHV

3. Cal Fire CCI Grant
Council Agenda 6-4-2024 12.A-3
Attachment 1
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.B
Meeting Date: June 4, 2024
TITLE:

Extending And Modifying A Sales And Use Tax
RECOMMENDATION:

1.Adopt a Resolution ordering the submission to the qualified electors of the City a measure relating to the extension and modification of a local transaction and use tax at the General Election to be held on Tuesday, November 5, 2024, and directing the City Attorney to prepare an impartial analysis thereof.

2.Introduce an Ordinance amending Title 3, Chapter 3.22, of the Pismo Beach Municipal Code extending and modifying a transactions and use tax to be administered by the California Department of Tax and Fee Administration.

3.Adopt a Resolution setting priorities for filing written arguments regarding a City measure submitted at the November 5, 2024, General Municipal Election.

4.Adopt a Resolution providing for the filing of rebuttal arguments for a City measure submitted at the November 5, 2024, General Municipal election.

EXECUTIVE SUMMARY:

At the June 4, 2014, general election, Pismo Beach residents voted to pass Measure I, the continuation of a previously approved half-cent sales and use tax (sales tax) measure that was first approved in 2008. The sales tax was set at 7.75% for a period of twelve (12) years, and was a general tax, with revenue going to the City’s general fund for any governmental purpose. It was approved by the following result:

Yes:No:
2,343 Votes, 71.22% 947 Votes, 28.78%
The sales tax sunsets (expires) on March 31, 2027, and if the City wants to continue to implement its proactive street paving program while simultaneously constructing infrastructure improvement projects, the sales tax must be renewed prior to the expiration date. The sales tax revenues have been invested in meaningful neighborhood and quality of life projects and have been well received. As a result, staff is recommending that the City Council place a measure on the ballot to extend the existing sales tax and setting the rate at one-cent, an increase of an additional half-cent. If the proposed ballot measure is approved by the voters, the new sales tax rate would be set at 8.25% and would expire on March 31, 2027.

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BACKGROUND

What is a Sales and Use Tax?
Sales tax is imposed on retail transactions for tangible personal property. The use tax is imposed on consumers of tangible personal property that is used, consumed, or stored.

Sales tax is not applicable to several general categories including:

1. Necessities of life (food products unless heated, health related service, prescription medicine, housing);

2. General public benefit (alternate energy, non-profit, religious, and educational organizations);

3. Industry benefit (motor vehicle fuel, manufactured housing and buildings, entertainment industry, etc.);

4. Exclusions by definition (admission charges, sales price/gross receipts); and

5. Other exemptions, exclusions, or credits (full list of exemptions is available at https://cdtfa.ca.gov/formspubs/pub61.pdf .

A general-purpose tax measure requires approval from the majority of voters (50% plus 1) to implement such a tax. The sales and use tax is a common method used by most cities in California to generate additional revenue for city programs and services.

The City receives about $2 million per year from the current sales tax. Visitors pay approximately 63% of this tax, generating the bulk of the sales tax based off goods purchased or restaurants visited while they are shopping in Pismo Beach. As a result, residents pay only 37% of the total proceeds collected, though residents receive 100% of the benefit through improved neighborhood infrastructure projects; which improves safety, results in cost savings for ongoing maintenance, and enhances quality of life by ensuring streets, parks, and sidewalks look good and are well maintained.

An additional benefit of the sales tax for infrastructure projects is both the lowered burden to the General Fund to support these projects and the ability to expedite repairs and maintain the City’s infrastructure resulting in a higher level of service and faster delivery schedule.

Measure I Accomplishments

Street Paving: To date, approximately 14.5 miles of street paving has been completed, with another one and a half miles scheduled for completion by July 2026. Measure I revenues contributed $8.3 million towards these street paving projects. Funding requirements for street maintenance over the next 10 years is projected to be $14 million.

Shell Beach Streetscape: The Shell Beach Streetscape project transformed the heart of Shell Beach into a vibrant, pedestrian-friendly area, including the enhancement of sidewalks, landscaping, lighting, and public spaces to create a more inviting and accessible environment for residents and visitors alike. Measure I revenues contributed $2.6 million towards the Shell Beach Streetscape project.

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Other Projects: Other projects completed or scheduled for completion include:

 Storm drain maintenance, repair and improvements, and completion of storm drain studies that will determine where and what type of storm drains need to be constructed in areas where there are drainage issues. Measure I revenues contributed approximately $1 million towards various drainage projects;  Continued bluff protection and improved beach access, that included the Ocean Boulevard Improvements project. Measure I revenues contributed $1.5 million towards the Ocean Boulevard Improvements project;
 Continued maintenance and rehabilitation of the City’s Pier; and  Reconstruction of the Bello Veterans’ Hall Parking Lot.

The resource needs for infrastructure projects continue to be a critical need. Should the sales tax be continued and set at one-cent by the voters, approximately $4 million would be generated annually. These funds would be available for use by the city for any governmental purpose, such as:
 Continuous improvement to our many neighborhood parks;  Construction of new storm drains in areas of the City that have drainage issues;  Preserving essentially emergency services, including 911, police and fire response; and
 Improving City facilities, including two veterans’ halls, and replacing the Addie Street public restrooms.

Neighboring Cities’ Sales Tax Rates

Table 1 below shows the current sales tax rates for nearby cities.

Table 1. Neighboring Cities’ Sales Tax Rates

City Sales Tax
Rate
San Luis Obispo 8.75%
Grover Beach 8.75%
Morro Bay 8.75%
Paso Robles* 8.75%
Santa Maria 8.75%
Atascadero* 8.75%
Arroyo Grande** 7.75%
Pismo Beach 7.75%
*Considering extending their sales tax
**Arroyo Grande is considering a 1% increase to their existing rate

If the proposed ballot measure is approved, the City’s new sales tax rate would be set at

8.25%, which would be the lowest or second-lowest in the County (dependent on the outcome of the Arroyo Grande election). When compared to other similar “destination” Council Agenda 6-4-2024 12.B-3
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communities, such as Santa Barbara (8.75%), Carpinteria (9.00%), or Monterey (9.25%), Pismo Beach would continue to be a value and competitive.

Sunset Date
The current sales tax will sunset March 31, 2027. The expiration provision on the existing tax is widely supported by residents. The provision is popular because it encourages the City to work with residents to prioritize and be specific about projects over a set period of time, and it provides voters with additional security that funds will be invested well since they ultimately will get to continue to vote on whether the tax remains or not. To maintain public trust and continue the tax with high levels of support, staff is recommending a expiration that is 12 years from the operative date of the tax.

In addition, although the Elections Code does not mandate that the City Council actually adopt the ordinance extending the transactions and use tax that will be submitted to the voters, the California Department of Tax and Fee Administration has requested that the City Council adopt the ordinance with a first and second reading, in addition to adopting the resolution placing the measure on the ballot. Therefore, if introduced, the ordinance will return to the City Council at its next meeting for second reading and adoption. The ordinance will not be operative unless it is approved by the voters.

Impartial Analysis
The Elections Code (Code) sets forth that, whenever any City measure qualifies to be placed on a ballot or at the direction of the City Council, the City Council may direct the Elections Official to transmit a copy of the measure to the City Attorney for preparation of the impartial analysis.

If the City Council so directs, the City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure in 500 words or less. This direction is included in the resolution calling for the submission of the measure to the voters.

Arguments For and Against
For a measure that is placed on the ballot by the legislative body, any member or members of the legislative body authorized by that body, or any individual voter who is eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations, may file a written argument for or against any City measure.

The Code further sets forth the process for receiving arguments for and against the measure. However, the Code is silent as to how to choose any or all Council Members to write arguments and rebuttals. The City Council can decide to:

1) Delegate one or two Council Members to write and submit the argument on behalf of the entire Council; or
2) Draft the argument at this meeting. Staff recommends this option.

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Arguments shall not exceed 300 words in length and must be accompanied by the printed name(s) and signature(s) of the author(s) submitting it. In case any argument is signed by more than five authors, the signatures of the first five shall be printed.

If the decision is to delegate one or two Council Members to write the argument on behalf of the entire Council, the deadline to file arguments with the Elections Official for and against a measure would be Tuesday, June 18, 2024, at 5:00 p.m.

Rebuttals
The Elections Official shall give copies of the “Argument in Favor” and the “Argument Against” to the opposing authors as soon as the filing period for the “direct” arguments has closed. The rebuttal arguments shall not exceed 250 words and would be due to the Elections Official no later than Friday, June 28, 2024, at 5:00 p.m. The author, or a majority of the authors of an argument may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.

Conclusion and Recommendation
By placing the measure on the ballot, the City Council is seeking input from the voters of Pismo Beach on the future of the City and the type of service levels they would like to receive moving forward.

Staff recommends that the City Council:
1) Adopt a Resolution (Attachment 1) placing the Pismo Beach Essential Services Measure on the November 2024 ballot,
2) Introduce, by title only, an Ordinance (Attachment 1.A) extending and modifying the sales tax,
3) Adopt a Resolution (Attachment 2) setting the priorities for filing of written arguments and authorizing Council Member(s) to file such arguments, and 4) Adopt a Resolution (Attachment 3) providing for the filing of rebuttal arguments.

FISCAL IMPACT:

The County Clerk-Recorder’s office has estimated that the cost of adding a ballot measure to the City’s consolidated general municipal election would be approximately $4,400. The actual cost of the measure will depend upon the number of registered voters in the city, among other factors. Funds for these actual costs will be included within the City Clerk’s budget, along with the cost for the general municipal election. Staff will come back to the City Council in December 2024 to appropriate additional funds, if needed.

If the Pismo Beach Essential Services Measure is placed on the November 2024 ballot and is approved, the City could receive approximately $4.0 million in transaction sales and use tax measures effective April 1, 2025 for 12 years. If the Measure is placed on the November 2024 ballot but is not approved, the City’s existing Measure I would continue to generate $2.0 million until its expiration on March 31, 2027.

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ATTACHMENTS:

1. Resolution to place the Pismo Beach Essential Services Measure on the November 2024 ballot

1.A. Exhibit A to Resolution: Ordinance extending and modifying the sales tax

2. Resolution setting priorities for filing of written arguments

3. Resolution providing for the filing of rebuttal arguments Submitted by: Jorge Garcia, City Manager
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 ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF

THE CITY A MEASURE RELATING TO THE EXTENSION AND MODIFICATION OF A

LOCAL TRANSACTION AND USE TAX AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, AND DIRECTING THE CITY ATTORNEY TO

PREPARE AN IMPARTIAL ANALYSIS THEREOF
WHEREAS, the City Council of the City of Pismo Beach has by Resolution R-2024-XXX called for a general municipal election to be held on November 5, 2024; and WHEREAS, in 2008 and 2014, the voters of the City of Pismo Beach approved an ordinance adding Chapter 3.22 of the Pismo Beach City Municipal Code, establishing a local transactions and use tax at the rate of 0.5 percent; and WHEREAS, the City Council has the authority under Elections Code Section 9222 to place on the ballot a measure for the voters of the City of Pismo Beach to extend the implementation of Chapter 3.22 of the Pismo Beach City Municipal Code; and WHEREAS, Section 2(b) of Article XIII C of the California Constitution, added by Proposition 218, effective November, 1996, requires that a measure proposing a general tax be submitted to the voters at an election consolidated with a regularly scheduled general election for members of the governing body of the local government except in cases of emergency as declared by the City Council; and WHEREAS, the City Council has by Resolution R-2024-XXX requested that the County of San Luis Obispo consent and agree to the consolidation of the general municipal election with the statewide general election; and
WHEREAS, pursuant to California Constitution Article XIII C, Section 2(b) and Elections Code Section 10201, the City has determined to submit a measure to the voters to enact an ordinance extending and modifying the rate of the transactions and use tax at the City’s next regular consolidated general municipal election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PISMO BEACH DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Pursuant to Election Code Section 9222, the proposed ballot proposition attached hereto in draft ordinance form as Exhibit A, and titled “The Pismo Beach Essential Services Measure”, is hereby approved for placement on the ballot and submission to voters at the City’s regular election scheduled for November 5, 2024. The question shall be posed as follows:

Council Agenda 6-4-2024 12.B-7
Attachment 1
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CITY OF PISMO BEACH
MEASURE _____
The Pismo Beach Essential Services Measure. To maintain the City of Pismo Beach’s long term financial stability and services such as fixing potholes; keeping streets, sidewalks, infrastructure, parks, and public facilities safe, clean, and well-maintained; providing police/fire protection, 9-1-1 emergency services; addressing homelessness; and for general government use, shall the City extend its Measure I sales tax and set the rate at 1¢ per dollar, providing approximately $4,000,000 annually for 12 years; requiring independent audits, with all funds used locally?
YES
NO
Section 2. City staff is directed to take all appropriate and necessary actions to cause the foregoing proposition to be placed on the ballot at the regular election of November 5, 2024.

Section 3. Pursuant to Election Code Section 9280, the City Attorney of the City of Pismo Beach is hereby directed to prepare and submit an impartial analysis explaining the effect of the measure on existing law and the operation of the measure.

Section 4. The City Clerk shall certify to the passage and adoption of this resolution, and immediately transmit a certified copy of this resolution to the San Luis Obispo County Clerk-Recorder for inclusion on the November 5, 2024, ballot.

Section 5. Pursuant to the requirements of Elections Code Section 10403 and in addition to the request previously set forth in Resolution R-2024-XXX, the Board of Supervisors of San Luis Obispo County is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024 for the placement of the above-referenced measure on the same ballot and under the same conditions set forth in Resolution R-2024-XXX.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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Attachment 1
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ORDINANCE NO. O-2024-XXX

AN ORDINANCE OF THE PEOPLE OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING TITLE 3, CHAPTER 3.22 OF THE PISMO BEACH MUNICIPAL CODE

EXTENDING AND MODIFYING A TRANSACTIONS AND USE TAX TO BE

ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE

ADMINISTRATION
The People of the City of Pismo Beach, California do ordain as follows:

SECTION 1. FINDINGS.

A.One of the primary roles of City government is to provide vital public services such as fixing potholes, keeping streets, sidewalks, infrastructure, parks, and public facilities safe, clean, and well-maintained, providing police/fire protection, 9-1-1 emergency services, addressing homelessness, and many other essential city services.

B. The City's revenue for such vital services comes from property tax, sales tax, hotel tax, and other such revenues.

C. Prior to 2008, budget cuts forced the City to spend less on street and sidewalk maintenance, pothole repair, park maintenance and replacement of 20- to 30-year- old storm drains than was necessary to adequately maintain this infrastructure in fully functional working condition. As a result, many City streets were in poor condition and inefficient storm drainage could have resulted in flooding.

D. In 2008, the voters of Pismo Beach approved a transactions and use tax in the amount of one-half of one percent, the funds from which have been used entirely for the improvement of City infrastructure, with none of the additional funds being used for administrative or other soft costs. In 2014, the voters of Pismo Beach approved the extension of the transactions and use tax. The City has used this money to pave streets, improve drainage and other City infrastructure.

E. The cost to continue to provide these vital services at current levels of service continues to escalate and exceeds the amount of funds and revenues generated from all other sources of income available for such purpose. The extension of the transactions and use tax, originally approved by the voters in 2008 and extended by the voters in 2014, and modification of the tax rate to one percent, is necessary to continue to maintain the public good, welfare, and safety.

F. Without the extension of the transactions and use tax, the City will have to either generate additional revenue to continue to maintain existing City infrastructure or begin making cuts to other essential City services.

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G. A local finance measure gives Pismo Beach residents local control. More than 63% of taxable purchases in the City are made by visitors to the City. Every penny generated by the measure stays in Pismo Beach to be used for the needs and services of our residents and the City.

H. The extension and modification of such a tax will allow the City to continue to provide a high level of essential services to residents, businesses and visitors throughout the City.

I. All funds from a locally approved transactions and use tax would stay in Pismo Beach to benefit local residents and could not be taken away by the State.

J. A local measure will include a twelve-year sunset clause, after which the tax will cease to be collected unless reauthorized by the voters.

SECTION 2. AMENDMENT OF CODE.

Pismo Beach Municipal Code Title 3 is hereby amended to revise Chapter 3.22 to read in its entirety as follows:

CHAPTER 3.22 TRANSACTIONS AND USE TAX

3.22.010 Title.

This ordinance shall be known as the “Transactions and Use Tax Ordinance of the City of Pismo Beach”. The City of Pismo Beach hereinafter shall be called “City.” This ordinance shall be applicable in the incorporated territory of the City.

3.22.020 Purpose.

This ordinance is adopted to extend and modify the transactions and use tax initially approved by the voters in 2008 and extended by the voters in 2014, to achieve the following, among other purposes, and the provisions hereof shall be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the Council Agenda 6-4-2024 12.B-11
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requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.

3.22.030 Operative date.

As to adoption of the transactions and use tax pursuant to Ordinance O-2008-002 approved by the voters in November 2008, “Operative Date” means the first day of the first calendar quarter commencing more than one hundred ten (110) days after the adoption of Ordinance O-2008-002.

As to the extension of the transactions and use tax pursuant to Ordinance O-2014- 008 approved by the voters in November 2014, “Operative Date” means the first day of the first calendar quarter commencing more than one hundred ten (110) days after the adoption of Ordinance O-2014-008.

Otherwise, “Operative Date” means the first day of the first calendar quarter commencing more than one hundred ten (110) days after the adoption of this ordinance, the date of adoption being set forth below.

3.22.040 Contract with state.

Prior to the operative date, the City shall contract with the State Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the State Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

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3.22.050 Transactions tax rate.

Commencing on the Operative Date under Ordinances O-2008-002 and O-2014- 008, for the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one half of one percent (0.5%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City on and after the operative date of this ordinance. Commencing on the Operative Date, for the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent (1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City on and after the operative date of this ordinance.

3.22.060 Place of sale.

For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Department of Tax and Fee Administration.

3.22.070 Use tax rate.

Commencing on the Operative Date under Ordinances O-2008-002 and O-2014- 008, an excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one half of one percent (0.5%) of the sales price of the property. Commencing on the Operative Date, an excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one percent (1%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

3.22.080 Adoption of provisions of state law.

Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Council Agenda 6-4-2024 12.B-13
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Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

3.22.090 Limitations on adoption of state law and collection of use taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name City of Pismo Beach shall be substituted therefor.

However, the substitution shall not be made when:

1. The word “State” is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against Pismo Beach or any agency, officer, or employee thereof rather than by or against the State Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word “City” shall be substituted for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 and in the definition of that phrase in Section 6203.

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3.22.100 Permit not required.

If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.

3.22.110 Exemptions and exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley- Burns Uniform Local Sales and Use Tax Law or the amount of any state- administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

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3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed Council Agenda 6-4-2024 12.B-16
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not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

3.22.120 Amendments.

All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. The City Council may make amendments to this chapter that do not affect the rate or duration of the tax imposed without approval of the voters of the City.

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3.22.130 Enjoining collection forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

3.22.140 Semi-annual report to council.

The City Manager shall report to Council not less frequently than semi-annually on the amount of tax collected under this ordinance, and any expenditures made, or proposed to be made with such collections.

SECTION 3. USE OF TAX PROCEEDS.

All proceeds of the tax levied and imposed hereunder shall be accounted for and paid into the City of Pismo Beach General Fund, and may be used for any lawful purpose as designated by the City Council.

SECTION 4. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

SECTION 5. STATUTORY AUTHORITY FOR TAX.

This ordinance is adopted pursuant to Revenue and Taxation Code section 7285.9.

SECTION 6. ELECTION REQUIRED.

This ordinance shall not become operative unless and until a majority of the electors voting on this measure vote to approve the imposition of the tax at the general municipal election to be held on November 5, 2024.

SECTION 7. EFFECTIVE DATE AND TERMINATION DATE.

If this ordinance is approved by a majority of the electors voting on the issue at the November 5, 2024 general municipal election, pursuant to Elections Code Section 9217, the ordinance shall be become effective ten (10) days after the City Council accepts the certified results of the election. Should this ordinance be approved by a majority of electors at the November 5, 2024 election, it shall be repealed without further action of the City Council or voters twelve (12) years after the Operative Date, after which date the tax imposed by this ordinance shall not be collected.

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INTRODUCED at a regular meeting of the City Council held this 4th day of June, 2024, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2024, on motion of Council Member , seconded by Council Member , and on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
PASSED AND ADOPTED by the People of the City of Pismo Beach this 5th day of November 2024.

Attest:
________________________
Erica Inderlied, City Clerk
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RESOLUTION NO. R-2024-XXX

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

CALIFORNIA SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE SUBMITTED AT THE NOVEMBER 5, 2024,

GENERAL MUNICIPAL ELECTION
WHEREAS, a General Municipal Election is to be held in the City of Pismo Beach, on November 5, 2024, at which the City Council has ordered the submission of the following measure to the voters:

CITY OF PISMO BEACH
MEASURE _____
The Pismo Beach Essential Services Measure. To maintain the City of Pismo Beach’s long term financial stability and services such as fixing potholes; keeping streets, sidewalks, infrastructure, parks, and public facilities safe, clean, and well-maintained; providing police/fire protection, 9-1-1 emergency services; addressing homelessness; and for general government use, shall the City extend its Measure I sales tax and set the rate at 1¢ per dollar, providing approximately $4,000,000 annually for 12 years; requiring independent audits, with all funds used locally?
YES
NO
WHEREAS, under Elections Code Section 9282, the City Council, or a member or members of the City Council authorized by the City Council, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against the measure set forth above.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PISMO BEACH DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
[ALTERNATIVE 1]
SECTION 1. That the City Council authorizes the following member(s) of its body _____________________________ ______________________________ Council Member in Favor Council Member Against _____________________________ ______________________________ Council Member in Favor Council Member Against Council Agenda 6-4-2024 12.B-20
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_____________________________ ______________________________ Council Member in Favor Council Member Against _____________________________ ______________________________ Council Member in Favor Council Member Against _____________________________ ______________________________ Council Member in Favor Council Member Against to file (a) written argument(s) not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, on behalf of the City Council. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. [ALTERNATIVE 2]
SECTION 1. That the City Council authorizes all members of the City Council to file (a) written argument(s) In Favor of or Against the City measure(s) not exceeding 300 words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk.

The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument, which shall be furnished by the City Clerk.

SECTION 2. Pursuant to Elections Code Section 9287, in the event more than one argument for or against the City measure described above is submitted to the City Clerk within the time prescribed, the City Clerk shall select one of the arguments in favor and one of the arguments against the proposed measure for printing and distribution to the voters. In selecting the argument, the City Clerk shall give preference and priority, in the order below, to the arguments of the following:
(a) The Mayor and/or members of the City Council authorized by the City Council;
(b) Bona fide associations of citizens; and
(c) Individual voters who are eligible to vote on the measure.

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SECTION 3. Pursuant to Elections Code Section 9286(b), the deadline for filing (and changing or withdrawing) arguments for or against the City measure described above with the City Clerk shall be not later than 5:00 p.m. on June 18, 2024.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

RESOLUTION NO. R-2024-XXX

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

CALIFORNIA PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A CITY MEASURE SUBMITTED AT THE NOVEMBER 5, 2024, GENERAL MUNICIPAL

ELECTION
WHEREAS, a General Municipal Election is to be held in the City of Pismo Beach, on November 5, 2024, at which the City Council has ordered the submission of the following measure to the voters:

CITY OF PISMO BEACH
MEASURE _____
The Pismo Beach Essential Services Measure. To maintain the City of Pismo Beach’s long term financial stability and services such as fixing potholes; keeping streets, sidewalks, infrastructure, parks, and public facilities safe, clean, and well-maintained; providing police/fire protection, 9-1-1 emergency services; addressing homelessness; and for general government use, shall the City extend its Measure I sales tax and set the rate at 1¢ per dollar, providing approximately $4,000,000 annually for 12 years; requiring independent audits, with all funds used locally?
YES
NO
WHEREAS, Section 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions for the filing of rebuttal arguments for City measures submitted at municipal elections.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PISMO BEACH DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Pursuant to Section 9285 of the Elections Code of the State of California, when the Elections Official has selected the arguments for and against the measure which will be printed and distributed to the voters, the Elections Official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments.

SECTION 2. The author or a majority of the authors of an argument relating to a City measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument may not be signed by more than five authors. The rebuttal arguments shall be filed with the Election Official, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the Council Agenda 6-4-2024 12.B-23
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name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments.

The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument, which shall be furnished by the City Clerk.

SECTION 3. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed.

SECTION 4. That the provisions of Section 1 shall apply only to the election to be held on November 5, 2024, and shall then be repealed.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Pismo Beach City CouncilJune 4, 2024

Pismo Beach City Council
June 4, 2024