L1SY OF
AGENDA
Pismo Beach City Council
A•SMOBeP�� Tuesday, October 1, 2024
Time Meeting Type Physical Location Virtual Viewing Option 5:30 p.m. Regular Mee tin '2 Council Chamber, City Hall httgs://us02web.zoom.us/i/84823715585 Live virtual viewing is offered via Zoom.
'Broadcast meeting also available for viewing on cable Channel 20 and online at pismobeach.org/agenda.
0. 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.IlusO2web.zoom.uslil84823715585. 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.,oismobeach.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 citycouncil(c)pismobeach.org 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(o,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 cityclerk(opismobeach.orp with questions.
Council Agenda 10-1-2024 Page 1 of 5
Pismo Beach City Council Agenda October 1, 2024 Regular Meeting-5:30 p.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 Council Member Inman to participate via teleconference from:
12820 Greene Avenue, Los Angeles, CA 90066
In accordance with CA Government Code Section 54953(b), this teleconferencing location shall be accessible to the public, this agenda shall be posted at the location,and a public comment period shall be provided.
CALL TO ORDER: Mayor Waage
1. ROLL CALL:
Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Guthrie, Inman, Newton
2. PLEDGE OF ALLEGIANCE
3. ACCEPTANCE OF AGENDA
4. PRESENTATIONS
Item 4.A: Presentation: Introduction of New Employees • Carson Caulk, Accountant (Feeser)
• Kaley Chapin, Administrative Secretary (James)
• Aaron Miller, Police Officer (Smith)
• Andrew Pasquini, Community Service Technician (Smith) Item 4.B: Proclamation: Dating and Domestic Violence Awareness Month (Lumina Alliance)
Item 4.C: Presentation: Central Coast Community Energy Annual Report (3CE)
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 Council Agenda 10-1-2024 Page 2 of 5
Pismo Beach City Council Agenda October 1, 2024
8. COUNCIL COMMITTEE REPORTS
1. Air Pollution Control District,SLO County(Newton/Reiss) 12.Integrated Waste Management Authority(Newton/Inman)
2. California Joint Powers Insurance Authority(Reiss) 13.Mobile Home Rent Stabilization Subcommittee(Inman/Reiss)
3. CAPSLO(Reiss) 14.REACH (Newton)
4. Central Coast Blue Regional Recycled Water Authority(Waage) 15.Regional Transit Authority, SLO(Waage/Reiss)
5. Central Coast Community Energy Policy Board(Mayor) 16.Shell Beach Improvement Group Liaison(Inman)
6. Chapman Estate Foundation (Liaison) (Reiss) 17.SLOCOG(Waage/Reiss)
7. Coastal Cities Group, League of CA Cities(Waage) 18.South County Chambers Gov't Affairs(Guthrie/Inman)
8. Conference and Visitors Bureau/LBID Board(Liaison) (Inman) 19.Visit SLO CAL Advisory Committee(Inman)
9. Friends of Price House Liaison(Waage) 20.Water Resources Advisory Committee,SLO(Guthrie/Inman)
10.Hazard Mitigation&Fire Safety(Inman/Waage) 21.Zone 3 Water Advisory Committee,SLO(Guthrie/Inman)
11.Homeless Services Oversight Council(Guthrie/Reiss) (Gout Code Section 53232.3)
9. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration.Public comment on Consent Calendar items will be invited prior to action on the Calendar.
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1. Adopt Minutes of the April 25, 2023 Budget Workshop.
2. Adopt Minutes of the September 17, 2024 Regular Meeting.
Item 9.13: Payroll Register and Register of Demands (Feeser) Recommendation:
1. Approve the Summary of Payroll Register for September 8, 2024;
2. Approve the Register of Demands for September 13, 2024.
Item 9.C: Monthly Investment Transaction Report of the City's Cash and Investments for August 2024 of Fiscal Year 2025 (Feeser) Recommendation:
No action recommended; for information only.
Item 9.D: Award of Contract to Standard Industries for the Digester #1 Demolition Project (James)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with J.D.M.L., Inc. dba Standard Industries for the Digester #1 Demolition Project in the amount of $187,721 in Fiscal Year 2025.
Council Agenda 10-1-2024 Page 3 of 5
Pismo Beach City Council Agenda October 1, 2024 Item 9.E: Shell Beach Road Shared Use Path Extension Project Agreements (James)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute the following agreements relating to the Shell Beach Road Shared Use Path Project:
1. Phase 2 Baseline Agreement;
2. Phase 3 Memorandum of Understanding;
3. Administering Agency - State Agreement And Program Supplement; and
4. Amendment #1 To the RSTP Exchange/STBG Cooperative Agreement.
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: Public Art Painted Benches for James Way Beautification Project (Jackson)
Recommendation:
1. Provide direction regarding the purchase of four concrete benches for the purpose of creating public art installations for the James Way Beautification project;
2. Direct staff to initiate a Call for Artists and return the item to the Parks, Recreation and Beautification Commission for recommendation on the submitted art proposals; and
3. Direct staff to return the Commission's recommendation to the Council for final approval.
Item 12.13: Closure of Dead-End Portion of Ridge Road to Vehicular Traffic (Fleishman)
Recommendation:
Direct staff to begin the process of vacating a portion of Ridge Road pursuant to Streets & Highways Code Section 8320.
Item 12.C: Capital Improvement Program Semi-Annual Report (James) Recommendation:
No action required; for information only.
13. CITY COUNCIL COMMENTS AND REQUESTS - No action to be taken Council Agenda 10-1-2024 Page 4 of 5
Pismo Beach City Council Agenda October 1, 2024
14. ADJOURNMENT
To the following meeting(s). Special and Closed Session times may be subject to change, as noticed. Meetings will be held in a hybrid in-person/virtual format unless otherwise noted:
Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, October 15, 2024 Council Chamber, City Hall Regular Council meetings will adjourn by 11:00 p.m. unless four-fifths of the Council votes to continue past that time. If the meeting is adjourned at 11:00 p.m., any remaining agenda items will be continued to the next regular meeting (R-97-04).
AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the October 1, 2024 meeting(s) of the Pismo Beach City Council was posted on September 26, 2024, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City's website. �cal , 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 einderlied a( pismobeach.org, or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon--Fri 8:00 a.m.--5:00 p.m. Please call(805)773-7003 with any questions.
Broadcasting: Regular (televised) City Council meetings are available for viewing 24/7 at pismobeach.org/agenda, broadcast live on Channel 20, and re-broadcast during the week following the meeting on Channel 20 at 9:00 a.m.,6:00 p.m.,and 1:00 a.m.each day.
Use of Equipment: Please contact the City Clerk's Office if requesting to use the chamber equipment during public comment or as part of a scheduled presentation,24 hours prior to the meeting at(805)773-7003.
Notice Regarding Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need agenda documents provided in an alternative format, please contact the City Clerk's Office at 773-7003 as soon as possible prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-
35.104 ADA Title II).
Council Agenda 10-1-2024 Page 5 of 5
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A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA RECOGNIZING OCTOBER 2024
AS DATING AND DOMESTIC VIOLENCE AWARENESS MONTH
WHEREAS, Dating and Domestic Violence Awareness Month calls attention to the fact that intimate partner violence is widespread and impacts every person in Pismo Beach; and WHEREAS, Lumina Alliance provides essential, lifesaving services for survivors, their children, and families throughout San Luis Obispo County including Pismo Beach; and WHEREAS, domestic violence is a pattern of control in an intimate relationship where one person uses coercion and violence to gain power and control over their partner; and WHEREAS, domestic violence can result in physical injury, psychological trauma, and even death; the devastating consequences of domestic violence can cross generations and can last a lifetime; and WHEREAS, there is a need to focus on the individualized needs of domestic violence survivors; and WHEREAS, the marginalization of certain groups in society, including undocumented individuals, transgender individuals, and those living with disabilities, increases their vulnerability to intimate partner violence; and
WHEREAS, Lumina Alliance continues to provide a safe environment to those affected by domestic violence with a 24-hour crisis line, advocacy, therapy, transitional and emergency housing, and prevention education, with the help of dedicated volunteers and professionals; and WHEREAS, Lumina Alliance has received over two thousand calls to its crisis & information line, provided more than six thousand collective nights for shelter clients, and provided more than four thousand, eight hundred hours of therapy; and
WHEREAS, Lumina Alliance serves as "A Bright Light During Dark Times" for survivors of intimate partner violence, illuminating a path toward safety and healing; and WHEREAS, the City of Pismo Beach strongly supports the efforts of Lumina Alliance and how every segment of our society can work together to address intimate partner violence, and to help survivors connect with services.
NOW, THEREFORE, the City Council of the City of Pismo Beach hereby recognizes the important work done by domestic violence programs, and proclaims the month of October to be National Dating and Domestic Violence Awareness Month in the City of Pismo Beach.
Dated this 1st day of October, 2024
Ed Waage, Mayor
Council Agenda 10-1-2024 4.A-1
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\T Y Op
PISMO BEACH CITY COUNCIL STAFF REPORT
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Pc� Agenda Item #9.A
Meeting Date: October 1, 2024
TITLE:
Adoption of Meeting Minutes
RECOMMENDATION:
1. Adopt Minutes of the April 25, 2023 Budget Workshop.
2. Adopt Minutes of the September 17, 2024 Regular 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 April 25, 2023 Budget Workshop.
2. Draft Minutes of the September 17, 2024 Regular Meeting.
Submitted by:
Erica Inderlied, City Clerk
City Manager Approval:
x
tit
Council Agenda 10-1-2024 9.A-1
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Attachment 1
Y
DRAFT MINUTES
- Pismo Beach City Council
A•SMo BEPcs Tuesday, April 25, 2023
Special Meeting-10:00 a.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 The City Council of the City of Pismo Beach met this date in a special session with Mayor Waage presiding.
CALL TO ORDER: 10:06 a.m.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tern Mary Ann Reiss (arrived 10:09 a.m.)
Council Member Marcia Guthrie (left 12:53 p.m.)
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:
Matt Downing, Community Development Director
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, Assistant City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Jeff Smith, Chief of Police
Other staff present as noted below
2. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
Council Agenda 10-1-2024 9.A-2
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Attachment 1
3. AGENDA ITEMS
Item 3.A: Initial Overview of Fiscal Year 2024 & 2025 Budget (Feeser/All) Recommendation:
1. Receive a presentation from staff regarding the Fiscal Year 2024 & 2025 Budget overview, including Department Work Plans;
2. Provide direction to staff on fiscal policies, City Goals, Department Work Plans and Priorities, position changes, and other items.
Presenting staff:
Matt Downing, Community Development Director
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, Assistant City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Jeff Smith, Chief of Police
Call for public comment: No comment.
Action: Approve fiscal policies as outlined in staff's report, including:
• Reserve Policies: General Fund Reserve of 25%; City Facility Reserve of $500,000; Risk Management Reserve of $50 thousand per year, up to $250,000; Contingency Reserve of 1% of budgeted General Fund expenditures; Motor Vehicle Replacement Fund. • Revenue Policies: Maintain safety and liquidity while maximizing investment revenue; Annually consider reduction of long-term debt as a use of revenues; Establish the level of cost recovery desired from various fees for services; Review fees annually, establish actual costs and adjust and establish new fees as needed.
• Expenditure Policies relating to Infrastructure; New Services; Public Safety; Water and Wastewater Funds; Facilities; Operational Efficiencies; Employee Development; Economic Development; Capital/Fixed Assets.
• Debt Management Policy.
Motion: Reiss
Second: Newton
Council Agenda 10-1-2024 9.A-3
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Attachment 1
Vote: The motion passed on the following vote:
Ayes: 5 Reiss, Newton, Guthrie, Inman, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Action: Consensus in support of budget items relating to Council Goals as follows:
Community Character, Beautification, and Quality of Life for Residents: As outlined in staff's report, with the following revisions:
• Remove the project to relocate the Bello Street sports courts that will be displaced by the Public Safety Facility project to Ventana Drive from the Fiscal Year 2024 and 2025 budget; add it to projections for the next budget.
• Revise the workout equipment item to remove the specific reference to South Palisades Park; seek a recommendation from the Parks, Recreation and Beautification Commission on the best location for the equipment.
Maintain a Focus on Public Safety: As outlined in staff's report.
Traffic Circulation & Parking: As outlined in staff's report, with the following revisions:
• Add $500,000 to $600,000 to the Fiscal Year 2024 and 2025 budget for a pedestrian scramble project at Dolliver Street and Pomeroy Avenue.
• Do not deappropriate $3.25 million in funding for the acquisition and improvement of land for parking inventory; carry the funding over to the next budget.
Water Supply, Conservation and Central Coast Blue: As outlined in staff's report.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Council Agenda 10-1-2024 9.A-4
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Attachment 1
Action: Consensus in support of budget items relating to staffing position changes for Accountant, Human Resources Officer, Executive Assistant, Lead Records Coordinator, Senior Engineer, Engineer, Senior Management Analyst, and Engineering Manager, as outlined in staff's report.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Action: Tentatively approve the practice of, and direct staff to return with a resolution implementing a policy of, allowing "overhiring" for the Police Department by up to three positions.
Motion: Newton
Second: Inman
Vote: The motion passed on the following vote:
Ayes: 5 Newton, Inman, Reiss, Guthrie, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Action: Consensus to approve fiscal policies relating to Cost Allocation, as outlined in staff's report.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Action: Consensus to approve fiscal policies relating to Vehicles, as outlined in staff's report.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Council Agenda 10-1-2024 9.A-5
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Attachment 1
Action: Consensus to approve fiscal policies relating to Departmental Work plans, as outlined in staff's report.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Item 3.13: Amendment of the City's Classification Plan to Update an Existing Job Classification; Authorize Two Full-Time Positions (Garcia) Recommendation:
Adopt a Resolution amending the City's Classification Plan to update the existing classification for Accountant/Senior Accountant, and authorizing adding one Accountant/Senior Accountant and one Engineer to the City's authorized employee list.
Presenting staff:
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
Call for public comment: No comment.
Action: Adopt a Resolution amending the City's Classification Plan to update the existing classification for Accountant/Senior Accountant, and authorizing adding one Accountant/Senior Accountant and one Engineer to the City's authorized employee list.
Motion: Waage
Second: Inman
Vote: The motion passed on the following vote:
Ayes: 4 Waage, Inman, Newton, Reiss
Noes: 0
Absent: 1 Guthrie
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-030 adopted.
Council Agenda 10-1-2024 9.A-6
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Attachment 1
Item 3.C: Authorization for North Shell Beach Road Storm Drain Repair Change Order (Fine)
Recommendation:
Adopt a Resolution Authorizing the City Manager to Execute a Change Order not to exceed $196,800 for the North Shell Beach Road Storm Drain Repair Project.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Supplemental material submitted into the record.
Call for public comment: No comment.
Action: Adopt a Resolution authorizing the City Manager to execute Change Order #1 not to exceed $196,800 with American Enviro Services for the North Shell Beach Road Storm Drain Repair Project.
Motion: Newton
Second: Reiss
Vote: The motion passed on the following vote:
Ayes: 4 Newton, Reiss, Inman, Waage
Noes: 0
Absent: 1 Guthrie
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-031 adopted.
4. CITY COUNCIL COMMENTS AND REQUESTS
None.
5 ADJOURNMENT
At 1:39 p.m.
APPROVED: ATTEST:
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 10-1-2024 9.A-7
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Attachment 2
Y
DRAFT MINUTES
- Pismo Beach City Council
A•SMo BEPcs Tuesday, September 17, 2024
Regular Meeting-5:30 p.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 The City Council of the City of Pismo Beach met this date in a regular session with Mayor Waage presiding.
CALL TO ORDER: 5:30 p.m.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage Mayor Pro Tern Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:
Nadia Feeser, Administrative Services Director
Scot Graham, Community Development Director
David Fleishman, City Attorney
Jorge Garcia, City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Mike James, Assistant City Manager / Acting Public Works Director Paul Lee, Battalion Chief
Jeff Smith, Chief of Police
Other staff present as noted below
2. PLEDGE OF ALLEGIANCE
Mayor Waage led the Pledge of Allegiance.
3. ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
4. PRESENTATIONS
None.
Council Agenda 10-1-2024 9.A-8
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Attachment 2
5. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
6. CITY MANAGER'S REPORT
City Manager Garcia commented on various topics.
7. CITY ATTORNEY'S REPORT / CLOSED SESSION REPORT City Attorney Fleishman had nothing to report.
8. COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:
Council Member Newton:
San Luis Obispo County Integrated Waste Management Authority (IWMA) Board.
Mayor Waage:
League of California Cities Coastal Cities Group, Local Working Group.
San Luis Obispo Local Agency Formation Commission (SLO LAFCO).
San Luis Obispo County Community Fire Safe Council.
9. CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Newton
Second: Inman
Vote: The motion passed on the following vote (Items 9.A through 9.D):
Ayes: 4 Newton, Inman, Guthrie, Waage
Noes: 0
Absent: 1 Reiss
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
Adopt Minutes of the September 3, 2024 Regular Meeting.
Council Agenda 10-1-2024 9.A-9
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Attachment 2
Item 9.13: Payroll Register and Register of Demands (Feeser) Recommendation:
1. Approve the Summary of Payroll Register for August 25, 2024;
2. Approve the Register of Demands for August 23, 2024, August 30, 2024 and September 6, 2024.
Item 9.C: Update on January 9, 2023 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:
No action recommended; for information only.
Item 9.13: Adoption (Second Reading) of an Ordinance Amending Municipal Code Section 10.12.030 Relating to Weight Limits for Commercial Vehicles on City Streets (Inderlied)
Recommendation:
Adopt an Ordinance amending Section 10.12.030 relating to weight limits for commercial vehicles on City streets.
Legislative Record: Ordinance 0-2024-002 adopted.
10. ITEMS PULLED FROM CONSENT
None.
11. PUBLIC HEARINGS
None.
12. BUSINESS ITEMS
Item 12.A: Police Department Semi-Annual Update (Smith) Recommendation:
Receive Police Department Semi-Annual Update.
Presenting staff:
Jorge Garcia, City Manager
Jeff Smith, Chief of Police
Supplemental material submitted into the record.
Call for public comment: No comment.
Council Agenda 10-1-2024 9.A-10
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Attachment 2
Action: No action.
Item 12.B: Potential Boundary Street End Closure List (James) Recommendation:
Provide staff with direction for potential boundary street end closures.
Presenting staff:
Jorge Garcia, City Manager
Mike James, Assistant City Manager
Supplemental material submitted into the record.
Call for public comment: No comment.
Action: Consensus to direct staff to further research the following potential roadway and easement closures, and return to the Council with further information:
• Mattie Road at its city limit terminus
• Tulare Street at its city limit terminus
• Longview Avenue at the dirt road between 1015 and 1017 Longview Avenue
• Longview Avenue at the gated roadway immediately east of APN 005-211-002
In support: 4 Guthrie, Inman, Newton, Waage
In opposition: 0
Absent: 1 Reiss
Abstain: 0
Recused: 0
13. CITY COUNCIL COMMENTS AND REQUESTS
No action.
14. ADJOURNMENT
At 6:36 p.m.
APPROVED: ATTEST:
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 10-1-2024 9.A-11
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\T Y Op
PISMO BEACH CITY COUNCIL STAFF REPORT
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Agenda Item #9.13
Meeting Date: October 1, 2024
TITLE:
Payroll Register and Register of Demands
RECOMMENDATION:
1. Approve the Summary of Payroll Register for September 8, 2024;
2. Approve the Register of Demands for September 13, 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 10-1-2024 9.13-1
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Attachment 1
A�SM0 BEQ�'2
SUMMARY PAYROLL REGISTER
FOR PERIOD ENDING 09/08/24
CHECKS DATED 09/13/24
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557139-557144 6
AC H 140
EARNINGS
REGULAR 416,795.78
HOLIDAY 5,510.56
OVERTIME(Includes Comp Time Payouts) 16,184.38 Administration
Building
Conference&Visitors Bureau
Police Department 10,140.38
Parking
Engineering
Fire 2,951.26
Recreation
Public Works 95.57
Water 1,558.46
Wastewater 1,438.71
Motor Vehicles
Subtotal-Overtime $ 16,184.38
SALARY ADJUSTMENTS 103.53
TRAINING/UNIFORM ALLOWANCE 120.00
OTHER EARNINGS 67,486.32
506,200.57
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 53,881.45
FICA&MEDICARE 35,971.04
STATE INCOME TAX 19,788.33
STATE DISABILITY INSURANCE 5,450.91
GARNISHMENTS 1,555.06
HEALTH 4,107.12
SUPPLEMENTAL DISABILITY 1,493.74
SECTION 125 1,474.15
PERS 37,812.60
DEFERRED COMPENSATION 21,097.37
ADDITIONAL LIFE INSURANCE 254.00
UNION DUES 2,359.45
PISMO ATHLETIC CLUB 515.00
OTHER
NET PAYROLL $320,440.35
DIRECT DEPOSIT DEDUCTION 285,877.53
NET PAYROLL AFTER ACH DEPOSIT 34,562.82
Council Agenda 10-1-2024 9.13-2
Packet Page 14
Attachment 2
City of Pismo Beach
Final Disbursement List Check Date 09/13/2024
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10002 Internal Revenue Service $ 125,651.15 Federal Income Tax PD 09/13/24 ACH 11208 SEIU Local 620 AFL/CIO 864.57 SEIU Dues PD 09/13/24 ACH 11305 Public Employees Retirement System 80,337.84 PERS Retirement PD 09/13/24 ACH 12260 dba:Mission Square ICMA Retirement Trust-457 34,379.09 ICMA 457 Deferred Comp EE&ER PD 09/13/24 ACH 12305 Franchise Tax Board 25,199.98 State Income Tax&SDI PD 09/13/24 ACH 1 12360 CAPERS 457 Plan 291.67 PERS 457 Deferred Comp ER PD 09/13/24 ACH 12708 dba:Mission Square ICMA Retirement Trust-Roth 575.00 ICMA Roth IRA PD 09/13/24 IRA
ACH 13455 Wex 1,289.87 Fuel for City Vehicles 08/07/24-09/06/24 130930 10434 Abalone Coast Analytical Inc 144.00 Water Analysis 130931 10446 Achievement House,Inc. 15,229.55 Shell Beach&Pismo Beach Litter Removal&Clean-up Services/Sidewalk Cleaning Services&Pressure Washing Rental-July 2024
130932 12275 Airgas West Inc 249.94 Argon Mix&Oxygen-MVR/Fire-Aug 2024 130933 12624 AT&T9391012187 7,159.21 PSF Internet-08/10/2024-09/09/2024 130934 13278 AT&T 9391059148 1,611.13 Phone Bill-08/10/2024-09/09/2024 130935 14363 AT&T Mobility 287314925891 127.77 iPad Tablet Service-August 2024 130936 14832 AT&T Mobility 287339470580 160.96 iPad Mini Internet-August 2024 130937 10295 B&B Steel&Supply 748.05 Aluminum-New Fire Engine&Lifeguard Vehicle 130938 14919 Barcellos Construction 1,500.00 Release Encroachment Permit Bond-1081 Longview 130939 10028 Brisco Mill&Lumber Yard 168.51 Pumpkin Event-Plywood 130940 14148 Michael H.Bruffey 500.00 Asbestos Survey-Digester Demo project 130941 13591 Ryan Bullock 130.00 Reimb:SWRCB D4 Exam 130942 14414 California State Disbursement Unit 519.23 Tax Withholding Order PD 09/13/24 130943 14771 California State Disbursement Unit 18.46 Tax Withholding Order PD 09/13/24 130944 14876 California State Disbursement Unit 784.61 Tax Withholding Order PD 09/13/24 130945 12610 Caportland Construction 780.07 Truck Rental&Sand 130946 13028 Jose Camacho 182.00 MWE:Landscape Expo 9/17-9/19/24 130947 10085 Cannon Corp 38,882.12 Ocean Blvd&Paving Project CM-July 2024 130948 11451 Channel Islands Technology Integrators'Group 3,647.89 Monthly Backup Subscriptions/IT Services-July 2024 130949 13105 Chapman Foundation 885.00 Docent Tour Fees-August 2024 130950 11694 City of Grover Beach 1,666.00 PD Leadership Workshop 3/14-3/15/24 130951 14415 CLAD Consulting,Inc. 1,125.00 On-Call Engineering Services-July 2024 130952 14188 ClearGov,Inc. 10,927.27 Digital Budget Book Annual Fee FY 24/25 130953 11465 Coast Electronics 1,682.21 Lifeguards Radios 130954 14313 Culligan/Santa Maria 1,108.94 Drinking Water&Car Wash&Filtration Service August 2024-Aug 2024 130955 12628 Dell Marketing LP 11,414.80 PowerEdge R250 Server-Police&City Hall DC 130956 11222 Drive Customs 750.00 Vehicle Maintenance 130957 14325 Engeo Incorporated 28,194.76 Cliff/Ocean Storm Drain-July 2024 130958 14741 Epic Entertainment,Inc. 3,449.99 Speakers 130959 13586 Famcon Pipe&Supply Inc. 3,966.29 WW Maintenance Supplies,Distribution Maintenance&Paving Project 130960 12123 Farm Supply 205.41 Maintenance Supplies 130961 12589 Ferguson Enterprises,Inc. 48.15 Maintenance Supplies 130962 14308 Fire Apparatus Solutions 444.77 Vehicle Maintenance 130963 13575 Jorge Garcia 315.00 MIME:ICMA Annual Conference 9/21-9/25/24 130964 12048 Vanessa Garris 36.00 Reimb:Team Building 130965 13588 Kenneth John Guge III 376.00 Instructor:Central Coast Judo 8/5-8/28/24#11455 130966 11487 Hamner,Jewell And Associates 436.72 Cliff Ave&Ocean Blvd RW Services-July 2024 130967 14043 Health&Human Resource Center,Inc. 159.80 Employee Assistance Program October 2024 130968 14749 Michael James 286.00 M&IE:ICMA Annual Conference 9/21-9/25/24 130969 12525 JJ Fisher Construction 208,207.84 James Way Beautification-June 2024 130970 10375 Mark Latham 458.04 Mileage/M&IE:Landscape Expo 9/17-9/19/24 130971 11586 Liebert,Cassidy&Whitmore 6,251.00 Legal Services-August 2024 130972 14416 Linde Gas&Equipment Inc 1,134.31 Annual Cylinder Rental 130973 10656 LN Curtis&Sons 3,061.98 New Fire Engine Parts 130974 12279 McMaster Carr 243.87 WW Maintenance Supplies 130975 12960 Med-Stops Medical Clinic Inc 200.00 DMV/DOT Physical 130976 13836 Mesa Energy Systems,Inc 332.50 HVAC-Main Electrical Building Service Call 130977 14739 Mike's Coffee and Tea Co. 54.00 Coffee 130978 10097 Miners Hardware 564.76 Maintenance Supplies 130979 14405 Mission Linen Supply 3,461.92 Uniforms/Floor Mats/Towels-Aug 2024 130980 14878 1 Nevada State Treasurer 2.00 Tax Withholding Order Fee-PD 09/13/24 Council Agenda 10-1-2024 9.13-3
Packet Page 15
Attachment 2
City of Pismo Beach
Final Disbursement List Check Date 09/13/2024
US BANK
ACH/ Vendor Check
Check# Number Payee Amount Description
130981 12199 Noble Saw,Inc 69.88 Maintenance Supplies 130982 14343 ODP Business Solutions,LLC 92.23 Office Supplies 130983 14918 Wendy Oliver 800.00 Clam Festival Band 130984 12315 Pacific Gas&Electric Company 7,401.21 Electricity 8/5/24-9/5/24 130986 13344 Pacific Gas and Electric CFM/PPC Dept 76,622.51 1000 Bello St Rule 20C 130987 12099 Pacific Petroleum Corp 4,519.63 Emergency Repairs-120 Searidge 130988 10633 Pismo Beach Athletic Club Inc 1,165.00 PBAC Dues Collected&CalFire PBAC Dues-Sept 2024 130989 12022 Pismo Beach Police Officer's Association 1,494.88 POA Dues PD 09/13/24 130990 12335 Procare Janitorial Supply Inc 6,631.07 Janitorial Supplies 130991 12613 Quinn Company 259.69 Frady Lane Fence Equipment Rental 130992 12108 Santa Maria Tire,Inc. 3,491.68 Vehicle Maintenance 130993 13994 SBRK Finance Holdings,Inc. 28,779.72 Springbrook Financial System Renewal FY 24/25&CivicPay IVR Transaction Fees Aug 2024
130994 14877 SCaDU 230.76 Tax Withholding Order-PD 09/13/24 130995 14843 Schaaf&Wheeler,Consulting Civil Engineers 7,407.50 Drainage Master Plan-July 2024 130996 14557 Securitas Technology Corporation 725.69 Security/Fire Monitoring-Sept 2024 130997 13913 Silvas Oil Co.,Inc 7,168.29 Diesel&Unleaded Fuel Delivery 08/08/2024 130998 14099 Jeffrey Smith 74.00 MWE:CA Police Chief Association Board Meeting 9/19-9/20/24 130999 12659 Jason Spears 256.00 M&IE:POST SLI Course 9/18-9/21/24 131000 12771 Chris Sunderland 2,212.00 Release Encroachment Permit Bond-139 El Portal 131001 14902 T&G Global LLC 58,640.10 Holiday Decorations-50%deposit 131002 12078 Jason Takagi 272.02 M&IE/Mileage:MISAC Conference 20249/22-9/25/24 131003 11549 Tech Time Communications 169.00 Service Call-Sta 63 Alarm 131004 14440 The Top Shop 487.20 Uniform Shirts 131005 12301 TK Elevator 692.00 Elevator Servicing-City Hall Service Call 131006 12827 Toste Grading and Paving 50,213.00 780 Bello Driveway 131007 10014 United States Postal Service 1,500.00 Postage for Permit#2-Winter Clam Chronicle Mailing 131008 14115 Vanir Construction Mgmt,Inc. 10,724.77 Public Safety Facility CM-June 2024 131009 12132 White Flag Pest Control Inc 641.00 Pest Control Total: $ 905,323.83
Council Agenda 10-1-2024 9.13-4
Packet Page 16
G\T Y OF
PISMO BEACH CITY COUNCIL STAFF REPORT
.o�s'yo Bt Agenda Item #9.0
Meeting Date: October 1, 2024
TITLE:
Monthly Investment Transaction Report of the City's Cash and Investments for August 2024 of Fiscal Year 2025
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 August 31, 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. Pursuant to Government Code Section 6505.5, this information is being provided here to the Pismo Beach Public Financing Authority, the Pismo Beach Public Financing Agency, and the Central Coast Blue Regional Recycled Water Authority, through the members of the City Council who sit on those boards.
The attached report includes all transactions of the City's investments managed by the City, including funds invested in various securities and the City's pooled funds invested in various financial instruments.
• Attachment 1 provides a summary of the City's cash, investments, and monthly interest earnings based on book value as of August 31, 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 August 31, 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 10-1-2024 9.C-1
Packet Page 17 —�
Attachment 1
City of Pismo Beach
Attachment 1:Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments Actual Year-to-
Current Actual Interest Date Interest
Earnings Earned August Earned Ending
Investment Name Name of Institution Type of Investment Rate Book Value 2024 8/31/2024 Data Sources General Fund Reserves US Bank CDs/GASs/Corp/ 2.07%avg 7,375,967 $ 7,160 $ 22,407 1 Muni Bonds
City Pooled Funds-A US Bank CDs/GASs/Corp 3.00%avg 33,250,184 49,210 94,350 1 Bonds/Muni Bonds/
US Treasury Note
Total All Securities $ 40,626,151 $ 56,370 $ 116,757 City Pooled Funds-B US Bank Custody 0.00% $ . $ 141 $ 215 1 City Pooled Funds-B Local Agency Invest, State Investment 4.55% 15,326,373 2 Fund Pool
City Pooled Funds-B US Bank Checking&Sweep 4.89% 18,718,800 97,577 211,390 3 City Pooled Funds-B $ 34,045,172 $ 97,718 $ 211,605 City Pooled Funds total A+B $ 67,295,357 $ 146,928 $ 305,955 Funds Held with Fiscal Bond funds: 2017 Pier Project $ 401 $ 2 $ 35 4 Agent Wilmington Trust
Funds Held with Fiscal Bond funds: 2017 CREB's 239 1 21 4 Agent Wilmington Trust Project
CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit Various managed by $ 5,346,513 $ $ 5 Trust Account CalPERS
TOTAL,Cash and Investments at August 31,2024: $ 80,018,476 $ 154,091 $ 328,417 TOTAL for City Managed Portfolio,Cash and Investments: $ 74,671,324 $ 154,088 $ 328,362 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
Council Agenda 10-1-2024 9.C-2
Packet Page 18
Attachment 2
CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
August 31, 2024
INVESTMENT ACTIVITY
PURCHASES OR DEPOSITS
No Activity $ -
Total $ -
SALES, MATURITIES, CALLS OR WITHDRAWALS
08/01/24 Matured La Canada California $ 571,288 08/01/24 Matured Palm Springs GO Bonds 808,091 08/23/24 Matured Raymond James Bank 245,000
08/28/24 Matured Washington Federal Bank 245,000 08/30/24 Matured First National Bank Syracuse 245,000 Total $ 2,114,380
ACTIVITY TOTAL $ (2,114,380)
INTEREST REVENUE
GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments $ 7,160
POOLED INVESTMENTS
Interest Earned on Investments $ 49,210
TOTAL INTEREST EARNED $ 56,370
Data Source: Monthly Download of Transactions from US Bank Council Agenda 10-1-2024 9.C-3
Packet Page 19
Attachment 3
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: 8131/2024 Beginning Ending
Bank Account Description Bank ID Balance Cash Receipts Disbursements Transfers-In Transfers-Out Balance General Checking US Bank $28,846,416 $ 6,225,437 $ (8,514,564) $ 2,161,511 $(10,000,000) $ 18,718,800 LAIF LAIF 5,326,373 - 10,000,000 15,326,373 Total all Bank Accounts $34172,788 $ 6,225,437 $ (8,514,564) $ 2,161,511 $ $ 34,045,172 Beginning Ending
Fund Description Fund# Balance Cash Receipts Disbursements Transfers-In Transfers-Out Balance General Fund
General Fund 1001-10101 4,955,097 5,011,276 (2,410,574) 7,555,799 General Fund-Reserve 1001-10105 19,984 777,243 - 797,227.29 Half Cent Sales Tax Fund 1002 2,160,537 1,357 - 2,161,894 Special Revenue Funds
Gas Tax Fund 2001 357,512 42,486 - 399,999 LTF-Streets 2002 318,928 44,766 - 363,693 PEG Access Fund 2003 103,305 8,903 - 112,209 Police Grant Fund 2004 91,610 (23,173) - 68,437 Housing In Lieu Fund 2005 115,941 36 (4,275) 111,702 LBID Fund 2006 2,737,950 392,833 (142,419) 2,988,364 Chapman House 2007 90,093 10,910 (61,414) - - 39,589 Capital Projects Funds
Capital Projects Fund 3001 5,436,589 46,869 (2,144,111) - - 3,339,347 Public Facilities Fund 3002 898 - 898 Park Development Fund 3003 371,600 9,132 - 380,732 Circulation Fund 3101 567,282 7,147 - - - 574,429 Development Impact Fee Fund 3102 142,385 11,312 - 153,697 Developer Impact Fee Fund 3103 171,005 - 171,005 Underground Utility Fund 3201 16,906 - - - - 16,906 Council Agenda 10-1-2024 9.C-4
Packet Page 20
Attachment 3
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: 8131/2024 Beginning Ending
Fund Description Fund# Balance Cash Receipts Disbursements Transfers-In Transfers-Out Balance Debt Service Funds
Public Finance Authority Fund 4001
Public Finance Authority Fund 4002 - -
Freeway Foothills AD Fund 4101 782 - - 782 Spyglass AD Fund 4102 13,022 - - 13,022 Indio-EI Portal AD Fund 4112 756 - 756 Visalia Street AD Fund 4113 6,769 391 7,160 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 4,944,979 514,108 (623,938) 4,835,150 Water Construction Fund 6103 859,479 2 859,481 Water Expansion Fund 6104 958,059 9,624 - 967,683 Water Central Coast Blue JPA 6105 565 27,492 (825) 27,232 Wastewater Enterprise Fund 6201 672,349 408,901 (2,716,932) (1,635,682) Wastewater Construction Fund 6202 1,686,210 13,631 (11,317) 1,688,524 Wastewater Expansion Fund 6203 2,147,869 15,634 - 2,163,503 Wastewater CCB JPA 6204 1,146 55,817 (1,675) 55,288 LTF-Transit Fund 6301 28,898 - 28,898 Pier Operations Fund 6401 (4,494) 4,512 (7,528) (7,510) Parking Fund 6501 109,456 369,095 (78,605) 399,946 Internal Service Funds
Technology Service Fund 7101 81,584 118,790 (128,129) 72,244 Motor Vehicle Fund 7201 3,000,331 119,857 (66,744) 3,053,444 Trust&Agency Funds
SLO County TMD 8201 232,900 300,892 (237,318) 296,474 Control Funds
Payroll Control Fund 9301 1,058,410 1,128 103,819 1,163,357 Interest Control Fund 9302 532,704 97,577 - 630,281 Utility Billing Control Fund 9304 183,392 5,822 189,213 IWR Control Fund 9305 -
Total all cash funds 34,172,788 8,404,369 (8,531,985) 34,045,172 Council Agenda 10-1-2024 9.C-5
Packet Page 21
Attachment 3
Attachment 3: For City Pooled Funds B-Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 8/31/2024 Beginning Ending
Fund Description Fund# Balance Cash Receipts Disbursements Transfers-In Transfers-Out Balance
INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 0 0
General Fund-CD's 1001-10404 6,460,033 (735,000) 5,725,033 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 Ag(1002-10405 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 3,672,967 3,672,967 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 E 1001-10146 298,000 298,000 GF Reserve-Risk Mgmt-CD's 1001-10407 150,000 150,000 GF Reserve-Risk Mgmt-Fed Ac 1001-10140 50,000 50,000 GF Corp Bond-Pooled 1001-10141 529,143 529,143 GF Corp Bond-Reserve 1001-10145 500,000 500,000 GF Municipal Bonds Pooled 1001-10142 897,022 (606,367) 290,655 GF Municipal Bonds Reserve 1001-10143 1,018,013 (773,013) 245,000 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 10-1-2024 9.C-6
Packet Page 22
Attachment 3
Attachment 3: For City Pooled Funds B-Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 8/31/2024 Beginning Ending
Fund Description Fund# Balance Cash Receipts Disbursements Transfers-In Transfers-Out Balance
INVESTMENTS
Debt Service Funds
Public Fin Fiscal Agent-Pier 4002-10510 399 2 401 Public Fin Fiscal Agent-CREBs 4002-10515 238 1 239 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 6201-10108 0 0
Wastewater Fund CD's 6201-10404 490,000 - 490,000 Wastewater Fund Fed Agencies 6201-10405 2,100,000 2,100,000 WWtr Fund Corp Bond-Pooled 6201-10141 1,062,000 1,062,000 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 5,540,572 (194,059) 5,346,513 Total all Investments $48,281,741 $ (2,308,436) $ - $ - $ - $ 45,973,304 Total all Funds $82,454,529 $ 6,095,933 $ (8,531,985) $ - $ - $ 80,018,476 Council Agenda 10-1-2024 9.C-7
Packet Page 23
G\T Y OF
PISMO BEACH CITY COUNCIL STAFF REPORT
A�syoBt Agenda Item #9.D
Meeting Date: October 1, 2024
TITLE:
Award of Contract to Standard Industries for the Digester#1 Demolition Project RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute a contract with J.D.M.L., Inc. dba Standard Industries for the Digester #1 Demolition Project in the amount of $187,721 in Fiscal Year 2025.
DISCUSSION:
The Digester #1 Demolition project consists of the demolition of the defunct Digester#1, a piece of equipment where microorganisms break down the organic matter in wastewater. The project is one of several identified in the larger Wastewater Treatment Plant (WWTP) Improvements project authorized by City Council in August of 2020.
The Digester 1 Demolition Project was previously advertised for construction bids on June 13, 2024. Three bids were received; however, the low bidder did not possess the required license classification, and the next lowest bidder was significantly higher than the Engineer's Estimate of $200,000. On August 6, 2024, City Council rejected all bids and authorized staff to re-advertise the project.
The project was re-advertised for construction bids and on September 12, 2024 three bids were received, ranging from $187,721 to $494,575. The apparent low bidder is J.D.M.L., Inc. dba Standard Industries (Standard Industries) with a bid of $187,721 (bid results provided for reference in Table 1).
Table 1. Bid Results
Company Name Bid Amount
Bowen Engineering $340,225
Standard Industries $187,721
Brough Construction $494,575
Conclusion and Recommendation
Staff has verified Standard Industries' references and qualifications, and recommends the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into a contract with Standard Industries I the amount of$187,721 for completion of the Digester #1 Demolition project.
FISCAL IMPACT:
The fiscal impact of adopting the subject Resolution is a total estimated project cost of $197,107 to complete the project. The total estimated cost includes a 5% contingency.
Council Agenda 10-1-2024 9.D-1
Packet Page 24
The Fiscal Year (FY) 2025 budget includes $1,937,869 for completion of the WWTP Improvements project. The estimated project costs are shown in Table 2 below.
Table 2. Current Project Funding
Company Name Bid Amount
WWTP Improvements Project Budget $1,934,869
Construction Costs Standard Industries $187,721
5% Contingency $9,386
Remaining Budget $1,737,762
The remaining budget will be used to complete other projects included in the WWTP Improvements project.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: Standard Industries Bid
2. Standard Industries Contract
Prepared by:
Erin Olsen, Senior Management Analyst
Submitted by: Mike James, Assistant City Manager/Acting Public Works Director City Manager Approval:
Council Agenda 10-1-2024 9.D-2
Packet Page 25
Attachment 1
RESOLUTION NO. R-2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH J.D.M.L., INC. DBA STANDARD INDUSTRIES FOR THE DIGESTER #1 DEMOLITION PROJECT IN THE AMOUNT OF $187,721 IN FISCAL YEAR 2025 WHEREAS, the Digester #1 Demolition project consists of the demolition of the defunct Digester#1, a piece of equipment where microorganisms break down the organic matter in wastewater; and
WHEREAS, the project is one of several identified in the larger Wastewater Treatment Plant (WWTP) Improvements project authorized by City Council in August of 2020; and WHEREAS, the project was re-advertised for construction bids and on September 12, 2024 three bids were received, ranging from $187,721 to $494,575; and WHEREAS, the apparent low bidder is J.D.M.L., Inc. dba Standard Industries with a bid of$187,721; and
WHEREAS, the Fiscal Year 2025 WWTP Improvements Project budget has sufficient funding to support the cost of this contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute a contract with J.D.M.L., Inc. dba Standard Industries for the Digester#1 Demolition Project (cost sheet provided as Exhibit A).
UPON MOTION OF Council Member , seconded by Council Member the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 1st day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 10-1-2024 9.D-3
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Attachment 1
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 10-1-2024 9.D-4
Packet Page 27
Attachment 1.A
BID SCHEDULE
Digester 1 Demolition Project
BASE BID
ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL COST COST
1. Construction Coordination 1 LS $12,000 $ 12,000
2. Pothole for Existing Utilities 1 LS $9,200 $ 9.200
3. Cut and Cap Lines 21 EA $200 $ 4,200
4. Dispose of Sludge in Digester Tank 1 1 LS $106,000 $ 106,000
5. Demolition of Digester Tank 1, and 1 LS $36,000 $ 36,000 Hauling Waste
6. Demolition of Heater Building, and 1 LS $19,821 $ 19,821 Hauling Waste
7. New Class II Ag Base Foundation 115 Cy $100 $ 11,500 TOTAL PRICE BASE BID $ 198,721
Total Bid Amount in W One hundred ninety-eight thousand seven hundred twenty-one dollars STANDARD DEMOUTION.INC. -q J C 1 r _
2,9
Signature of Bidder: — JOHN SCHECK 1 PRESIDENT Date. _ D G(J LS=lump sum, EA=eac F=linear feet
The Contractor shall comply with the requirements the State Labor Code.
The undersigned further agrees that in case of default in executing and submitting the Contract with required bonds and insurance within ten (10) working days after having received notice that the Contract is ready for signature,the proceeds of the check or bond accompanying this Bid shall become the property of the City.
The Contractor to whom the contract is awarded shall submit a statement each month certifying that it is in conformance with the City's Affirmative Action Program.
The following Certification of Affirmative Action Program, Contractor's Licensing Statement, List of Subcontractors, Bidder's Information List, Bid Security Form and Non-Collusion Affidavit shall be filled out, signed, and submitted by each Bidder and shall be part of the Contract Documents.
Digester 1 Demolition Project Page—16
Council Agenda 10-1-2024 9.113-5
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CITY OF PISMO BEACH This AGREEMENT is subject to the provisions of Article 1.7(commencing at Section 20104.50)of CONSTRUCTION SERVICES AGREEMENT Division 2,Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments.Article 1.7 mandates certain procedures for the payment of undisputed and properly This Construction Services Agreement("AGREEMENT")is made and entered into as of the date the submitted payment requests within 30 days after receipt,for the review of payment requests,for AGREEMENT is fully executed by all parties(the"Effective Date'),by and between the City of Pismo notice to CONTRACTOR of improper payment requests,and provides for the payment of interest on Beach,a municipal corporation("CITY"),and J.D.M.L.,Inc.dba Standard Industries,a corporation progress payment requests which are not timely made in accordance with that Article.This ("CONTRACTOR").In consideration of the mutual covenants and conditions set forth herein,the AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein. parties agree as follows:
This AGREEMENT is also subject to the provisions of Public Contract Code Section 9204,which I. SCOPE OF WORK provides for the submission and resolution of specified claims by CONTRACTOR,including provisions governing the type of claims that may be submitted,the time to respond to such claims,and CONTRACTOR shall perform within the time set forth in Article 2 of this AGREEMENT and shall alternative dispute resolution procedures.The provisions of Section 9204 are incorporated herein by furnish at its own cost all labor,materials,equipment,tools,utility services,and transportation and reference,and to the extent CONTRACTOR asserts a claim specified by Section 9204, perform and complete all work required in connection with the construction of demolition of Digester CONTRACTOR shall comply with all provisions set forth in Section 9204 in submitting a claim to #1 for the Digester#1 Demolition Project(hereinafter"Project"). CITY.
By entering into this AGREEMENT,CONTRACTOR acknowledges that there may be other V. RETENTION OF SECURITIES contractors on the site whose work will be coordinated with that of its own.CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay,hinder, Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by or interfere with the work of other separate contractors,CITY,the Project Manager,the Public Works CITY to ensure performance under a contract,at the request and expense of CONTRACTOR.
Director/City Engineer,or utilities.CONTRACTOR also expressly agrees that,in the event its work is Substitution of securities shall not be required in contracts in which there will be financing provided by hindered,delayed,interfered with,or otherwise affected by a separate contractor,its sole remedy will the Farmers Home Administration of the United States Department of Agriculture pursuant to the be a direct action against the separate contractor.To the extent allowed by law,CONTRACTOR will Consolidated Farm and Rural Development Act(7 U.S.C.Sec.1921 at seq.),and where federal have no remedy,and hereby expressly waives any remedy against CITY,the Project Manager,or the regulations or policies,or both,do not allows the substitution of securities.Alternatively, Public Works Director/City Engineer on account of delay,hindrance,interference or other events CONTRACTOR may request that CITY make payment of retention earned directly to an escrow agent caused by a separate contractor. at the expense of CONTRACTOR.At the expense of CONTRACTOR,CONTRACTOR may direct the investment of the payments into securities and CONTRACTOR shall receive the interest earned on II. TIME FOR PROJECT COMPLETION the investments upon the same terms provided for in this section for securities deposited by CONTRACTOR.Upon satisfactory completion of the contract,CONTRACTOR shall receive from the All of CONTRACTOR's work on the Project shall be completed within durations established for the escrow agent all securities,interest,and payments received by the escrow agent from CITY,pursuant individual activities as set forth in the Project Construction Schedule.All work shall commence fifteen to the terms of this section. (15)calendar days after receiving a written Notice to Proceed from CITY or Project Manager,if a Project Manager is employed by CITY on the Project.CONTRACTOR shall refer to the invitations for The escrow agreement entered into pursuant to this section must be substantially similar to the form bids,and Project Plans and Specifications,all of which,as set forth below,are incorporated herein by included in Public Contract Code Section 22300(e).CONTRACTOR shall obtain the written consent of reference,for contractual obligations regarding individual activity durations.The aggregate sum total its surety to such escrow agreement.Securities eligible for investment under this section shall include work of all individual Prime Contractors to CITY comprises the entire"Project"and shall be those listed in Section 16430 of the Government Code,bank or savings and loan certificates of commenced and completed in conformance with the Project Construction Schedule.The entire deposit,interest-bearing demand deposit accounts,standby letters of credit,or any other security Project shall be completed within 30 consecutive working days("Contract Time"). mutually agreed to by CONTRACTOR and CITY.
III. THE CONTRACT SUM In accordance with Public Contract Code Section 22300(d)(1),if CONTRACTOR elects to receive interest on moneys withheld in retention by CITY,CONTRACTOR shall,at the request of any CITY shall pay to CONTRACTOR for the performance of this AGREEMENT,subject to any additions subcontractor performing more than five percent of CONTRACTOR's total bid,make that option and deductions provided in the Project documents,the sum of one hundred eighty-seven thousand available to the subcontractor regarding any moneys withheld in retention by CONTRACTOR from the seven hundred twenty-one dollars($187,721). subcontractor.
IV. PROGRESS PAYMENTS VI. INDEMNITY,DEFENSE AND HOLD HARMLESS AGREEMENT Based upon Applications for Payment submitted to the Public Works Director/City Engineer by To the fullest extent permitted by law,CONTRACTOR shall indemnify,defend,and hold harmless the CONTRACTOR and Certificates for Payment issued by the Public Works Director/City Engineer,CITY CITY,and its elected officials,officers,employees,volunteers,and agents("CITY Indemnitees"),from shall make progress payments on account of the Contract Sum to CONTRACTOR as provided in the and against any and all causes of action,claims,liabilities,obligations,judgments,or damages, General Conditions. including reasonable legal counsels'fees and costs of litigation("claims"),arising out of CONTRACTOR's performance or CONTRACTOR's failure to perform its obligations under this 1of10 2of10
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AGREEMENT or out of the operations conducted by CONTRACTOR,except for such loss or damage X. FINAL PAYMENT 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 Final payment,constituting the entire unpaid balance of the Agreement Sum,shall be paid by CITY to CONTRACTOR's performance of this AGREEMENT,CONTRACTOR shall provide a defense to CITY CONTRACTOR no sooner than thirty-five(35)days after a Notice of Completion has been recorded, Indemnitees or at CITY's option,reimburse CITY Indemnitees their costs of defense,including unless otherwise stipulated in the Notice of Completion,provided the work has then been completed, reasonable legal fees,incurred in defense of such claims. the AGREEMENT fully performed,and a final Certificate for Payment has been issued by the Public Works Director/City Engineer.
Payment by CITY is not a condition precedent to enforcement of the indemnities in this section.In the event of any dispute between CONTRACTOR and CITY,as to whether liability arises from the active XI. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT negligence,sole negligence,or willful misconduct of CITY or its officers,employees,or agents, CONTRACTOR will be obligated to pay for CITY's defense until such time as a final judgment has In the event CONTRACTOR fails to furnish tools,equipment,or labor in the necessary quantity or been entered adjudicating CITY as having been actively negligent,solely negligent,or as having quality,or fails to prosecute the work or any part thereof contemplated by this AGREEMENT in a engaged in willful misconduct.CONTRACTOR will not be entitled in the absence of such a diligent and workmanlike manner,and if CONTRACTOR for a period of three(3)calendar days after determination to any reimbursement of defense costs including but not limited to attorneys'fees, receipt of written demand from CITY or its designated representative to do so,fails to furnish tools, expert fees,and costs of litigation.The provisions of this Section VI shall survive completion of equipment,or labor in the necessary quantity or quality,and to prosecute its work and all parts thereof CONTRACTOR's services or the termination of this AGREEMENT. in a diligent and workmanlike manner,or after commencing to do so within said three(3)calendar days,fails to continue to do so;then CITY may exclude CONTRACTOR from the premises,or any VII. PREVAILING WAGES portion thereof,and take possession of said premises or any portion thereof,together with all material and equipment thereon,and may complete the work contemplated by this AGREEMENT or any A. Wage rates for this Project shall be in accordance with the General Wage Determination Made portion of said work,either by furnishing the tools,equipment,labor or material necessary,or by by the Director of Industrial Relations Pursuant To California Labor Code,Part 7,Chapter 1, letting the unfinished portion of said work,or the portion taken over by CITY to another contractor or Article 2,Sections 1770,1773 and 1773.1,for San Luis Obispo County.Wage rates shall by a combination of such methods.In any event,the procuring of the completion of said work,or the conform with those posted at 760 Mattie Road,Pismo Beach,and the Project site. portion thereof taken over by CITY,shall be a charge against CONTRACTOR,and may be deducted from any money due or becoming due to CONTRACTOR from CITY,or CONTRACTOR shall pay B. The following Labor Code sections are hereby referenced and made a part of this CITY the amount of said charge,or the portion thereof unsatisfied.The sureties,provided for under AGREEMENT: this AGREEMENT shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by CITY.
1. Section 1775-Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4-Apprenticeship Requirements. XII. INSURANCE
3. Section 1777.5-Apprenticeship Requirements.
4. Section 1813-Penalty for Failure to Pay Overtime. A. Prior to the beginning of and throughout the duration of the Project,CONTRACTOR and its
5. Sections 1810 and 1811-Working Hour Restrictions. subcontractors shall maintain insurance in conformance with the requirements set forth below.
6. Section 1775-Payroll Records. CONTRACTOR may use existing coverage to comply with these requirements.If that existing
7. Section 1773.8-Travel and Subsistence Pay. coverage does not meet the requirements set forth herein,CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
Vill. RECORD AUDIT
CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this In accordance with Government Cade,Section 8546.7,records of both CITY and CONTRACTOR section constitute the minimum amount of coverage required.Any insurance proceeds shall be subject to examination and audit by the Auditor General for a period of three(3)years after available to CONTRACTOR or its subcontractors in excess of the limits and coverage final payment. identified in this AGREEMENT and which is applicable to a given loss,claim or demand,will be equally available to CITY.
IX. CERTIFICATIONS
CONTRACTOR shall provide the following types and amounts of insurance:
In addition to certification and licensing requirements identified elsewhere in this agreement, CONTRACTOR shall maintain the following certifications for the duration of this AGREEMENT: 1. General liability insurance.CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, A. None in an amount not less than$1,000,000 per occurrence,$2,000,000 general aggregate, for bodily injury,personal injury,and property damage,and a$2,000,000 completed operations aggregate.The policy must include contractual liability that has not been amended.Any endorsement restricting standard Insurance Services Office(ISO) "insured contract"language will not be accepted.
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2. Automobile liability insurance.CONTRACTOR shall maintain automobile insurance at 2. Duration of coverage.CONTRACTOR shall procure and maintain for the duration of least as broad as Insurance Services Office form CA 00 01(06/92)covering bodily the AGREEMENT insurance against claims for injuries to persons or damages to injury and property damage for all activities of CONTRACTOR arising out of or in property,which may arise from or in connection with the performance of the Project connection with the Project,including coverage for any owned,hired,non-owned or hereunder by CONTRACTOR,his agents,representatives,employees or rented vehicles,in an amount not less than$1,000,000 combined single limit for each subcontractors.CONTRACTOR must maintain general liability and umbrella or excess accident. liability insurance for as long as there is a statutory exposure to completed operations
3. Workers'compensation insurance.CONTRACTOR shall maintain Workers' claims.CITY and its officers,elected officials,employees,and agents shall continue as Compensation Insurance(Statutory Limits)and Employer's Liability Insurance(with additional insureds under such policies. limits of at least$1,000,000)for CONTRACTOR's employees in accordance with the 3. Primary/noncontributing.Coverage provided by CONTRACTOR shall be primary and laws of the State of California,Section 3700 of the Labor Code at seq.In addition, any insurance or self-insurance procured or maintained by CITY shall not be required CONTRACTOR shall require each subcontractor to similarly maintain Workers' to contribute with it.The limits of insurance required herein may be satisfied by a Compensation Insurance and Employer's Liability Insurance in accordance with the combination of primary and umbrella or excess insurance.Any umbrella or excess laws of the State of California for all of the subcontractor's employees. insurance shall contain or be endorsed to contain a provision that such coverage shall
4. CONTRACTOR shall submit to CITY,along with the certificate of insurance,a Waiver also apply on a primary and non-contributory basis for the benefit of CITY before of Subrogation endorsement in favor of CITY,its officers,agents,employees and CITY's own insurance or self-insurance shall be called upon to protect it as a named volunteers. insured.
5. Pollution liability insurance.Environmental Impairment Liability Insurance shall be 4. CITY's rights of enforcement.In the event any policy of insurance required under this written on a CONTRACTOR's Pollution Liability form or other form acceptable to CITY AGREEMENT does not comply with these requirements or is canceled and not providing coverage for liability arising out of sudden,accidental and gradual pollution replaced,CITY has the right but not the duty to obtain the insurance it deems and remediation.The policy limit shall be no less than$1,000,000 dollars per claim and necessary and any premium paid by CITY will be promptly reimbursed by in the aggregate.All activities contemplated in this AGREEMENT shall be specifically CONTRACTOR or CITY will withhold amounts sufficient to pay premium from scheduled on the policy as"covered operations."The policy shall provide coverage for CONTRACTOR payments.In the alternative,CITY may terminate this AGREEMENT. the hauling of waste from the project site to the final disposal location,including non- 5. Acceptable insurers.All insurance policies shall be issued by an insurance company owned disposal sites. currently authorized by the Insurance Commissioner to transact business of insurance
6. Products/completed operations coverage.Coverage shall extend a minimum of three or is on the List of Approved Surplus Line Insurers in the State of California,with an (3)years after project completion and shall be included on behalf of the insured for assigned policyholders'Rating of A-(or higher)and Financial Size Category Class VII covered claims arising out of the actions of independent contractors.If the insured is (or larger)in accordance with the latest edition of Best's Key Rating Guide,unless using subcontractors,the Policy must include work performed"by or on behalf'of the otherwise approved by CITY's Risk Manager. insured.Policy shall contain no language that would invalidate or remove the insurer's 6. Waiver of subrogation.All insurance coverage maintained or procured pursuant to this duty to defend or indemnify for claims or suits expressly excluded from coverage. agreement shall be endorsed to waive subrogation against CITY,its elected or Policy shall specifically provide for a duty to defend on the part of the insurer.The appointed officers,agents,officials,employees,and volunteers or shall specifically CITY,its officials,officers,agents,and employees,shall be included as insureds under allow CONTRACTOR or others providing insurance evidence in compliance with these the policy. specifications to waive their right of recovery prior to a loss.CONTRACTOR hereby waives its own right of recovery against CITY,and shall require similar written express B. Other provisions or requirements: waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions(non-estoppel).CONTRACTOR acknowledges and
1. Proof of insurance.CONTRACTOR shall provide certificates of insurance to CITY as agrees that any actual or alleged failure on the part of CITY to inform CONTRACTOR evidence of the insurance coverage required herein,along with a waiver of subrogation of non-compliance with any requirement imposes no additional obligations on CITY nor endorsement for Workers'Compensation.Insurance certificates and endorsements does it waive any rights hereunder. must be approved by CITY's Risk Manager prior to commencement of performance. 8. Requirements not limiting.Requirements of specific coverage features or limits CITY's Risk Manager or City Attorney may waive the requirement of any insurance contained in this Section are not intended as a limitation on coverage,limits or other policy set forth herein if he/she determines that such a policy is not commercially requirements,or a waiver of any coverage normally provided by any insurance. available to CONTRACTOR,or if the risk to CITY is sufficiently minimal to render such Specific reference to a given coverage feature is for purposes of clarification only as it insurance unnecessary.If such a policy is commercially available,additional cost to pertains to a given issue and is not intended by any party or insured to be all inclusive, CONTRACTOR in obtaining such a policy shall not be a basis upon which the or to the exclusion of other coverage,or a waiver of any type.If CONTRACTOR insurance requirement will be waived.Current certification of insurance shall be kept maintains higher limits than the minimums shown above,CITY requires and shall be on file with CITY at all times during the term of AGREEMENT.CITY reserves the right entitled to coverage for the higher limits maintained by CONTRACTOR.Any available to require complete,certified copies of all required insurance policies,including insurance proceeds in excess of the specified minimum limits of insurance and endorsements to such policies,at any time.
coverage shall be available to CITY.
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9. Notice of cancellation.CONTRACTOR agrees to oblige its insurance agent or broker 17. Additional insurance.CONTRACTOR shall also procure and maintain,at its own cost and insurers to provide to CITY with a thirty(30)day notice of cancellation(except for and expense,any additional kinds of insurance,which in its own judgment may be nonpayment,for which a ten(10)day notice is required)or nonrenewal of coverage for necessary for its proper protection and prosecution of the Project. each required coverage.In the event CONTRACTOR'S policy of insurance cannot be XIII. CONTRACTOR'S LICENSE endorsed to provide this notice of cancellation,CONTACTOR shall provide CITY notice of such cancellation,in writing,not later than 24 hours following the effective time of CONTRACTOR must possess at the time of commencing work and throughout the Project duration,a such cancellation. Contractor's License,issued by the State of California,which is current and in good standing.
10. Additional insured status.General liability and automobile insurance policies shall CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of provide or be endorsed to provide that CITY and its officers,officials,employees, commencing work and throughout the Project duration,a Contractor's License,issued by the State of agents,and volunteers shall be additional insureds under such policies.This provision California,which is current and in good standing. shall also apply to any excess/umbrella liability policies.Each such insurance policy shall contain language substantially similar to the following clause: XIV. REGISTRATION REQUIREMENTS "The City of Pismo Beach,its elected and appointed officials,officers,employees Pursuant to Section 1771.1(a)of the Labor Code:
and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal,subject to the
11. Prohibition of undisclosed coverage limitations.None of the coverages required herein requirements of Section 4104 of the Public Contract Code,or engage in the performance of any will be in compliance with these requirements if they include any limiting endorsement contract for public work,as defined in this chapter,unless currently registered and qualified to perform of any kind that has not been first submitted to CITY and approved of in writing by public work pursuant to Section 1725.5.It is not a violation of this section for an unregistered CITY's Risk Manager or City Attorney. contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code
12. Separation of insureds.A severability of interests provision must apply for all additional or by Section 10164 or 20103.5 of the Public Contract Code,provided the contractor is registered to insureds ensuring that CONTRACTOR's insurance shall apply separately to each perform public work pursuant to Section 1725.5 at the time the contract is awarded." insured against whom claim is made or suit is brought,except with respect to the CONTRACTOR must be registered with the Department of Industrial Relations(DIR)of the State of insurer's limits of liability.The policy(ies)shall not contain any cross-liability exclusions. California in order to be eligible to work on public works projects.CONTRACTOR must ensure
13. Pass-through clause.CONTRACTOR agrees to ensure that its subconsultants, registration with the DIR that is active and in good standing. subcontractors,and any other party providing any work on the Project under the direction of CONTRACTOR,provide the same minimum insurance coverage and Except as otherwise provided in Labor Code Section 1771.1(a),no contractor or subcontractor may endorsements required of CONTRACTOR.CONTRACTOR agrees to monitor and be listed on a bid proposal for a public works project unless registered with the Department of review all such coverage and assumes all responsibility for ensuring that such Industrial Relations pursuant to Labor Code section 1725.5. coverage is provided in conformity with the requirements of this section.
CONTRACTOR agrees that upon request,all agreements with consultants, No contractor or subcontractor may be awarded a contract for public work on a public works project subcontractors,and others engaged in performing work on the Project will be unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. submitted to CITY for review.
14. CITY's right to revise requirements.CITY reserves the right at any time during the term This project is subject to compliance monitoring and enforcement by the Department of Industrial of the AGREEMENT to change the amounts and types of insurance required by giving Relations.
CONTRACTOR a ninety(90)day advance written notice of such change.If such change results in substantial additional cost to CONTRACTOR,CITY and XV. CORPORATION IN GOOD STANDING CONTRACTOR may renegotiate CONTRACTOR's compensation.
If CONTRACTOR is a corporation,the undersigned hereby represents and warrants that the
15. Self-insured retentions.Any deductibles or self-insured retention must be declared to corporation is duly incorporated and in good standing in the State of California,and that the and approved by CITY.At the option of CITY,either the insurer shall reduce or undersigned is authorized to act for and bind the corporation. eliminate such deductibles or self-insured retention as respects CITY,its elected and appointed officials,employees and volunteers,or CONTRACTOR shall procure a bond XVI. PROVISIONS REQUIRED BY LAW guaranteeing payment of losses and related investigations,claim administration and defense expenses.Self-insurance will not be considered to comply with this paragraph Each and every provision of law and clause required by law to be inserted in this AGREEMENT shall unless approved by CITY. be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were
16. Timely notice of claims.CONTRACTOR shall give CITY prompt and timely notice of included herein,and if through mistake or otherwise any such provision is not inserted,or is not claims made or suits instituted that arise out of or result from CONTRACTOR's currently inserted,then upon application of either party the AGREEMENT shall forthwith be physically performance under this AGREEMENT,and that involve or may involve coverage under amended to make such insertion or correction. any of the required liability policies.
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XVII. SUBSURFACE HAZARDOUS MATERIALS 11. Standard Plans for Public Works Construction,"Greenbook,"2015 edition,or the latest edition thereof
A. Pursuant to Public Contract Code Section 7104,in the event the Project includes trenches or 12. California State Department of Transportation Standard Specifications,latest edition,when other excavations extend deeper than four(4)feet below the surface,CONTRACTOR shall specifically referenced in the plans. promptly,and before the following conditions are disturbed,notify CITY in writing of any:
All of the above named CONTRACT DOCUMENTS are intended to be complementary.Work required
1. Material that CONTRACTOR believes may be material that is hazardous waste,as by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required defined in Section 25117 of the Health and Safety Code,that is required to be removed by all. to a Class I,Class II or Class III disposal site in accordance with the provisions of existing law; XIX. ENTIRE CONTRACT
2. Subsurface or latent physical conditions at the site differing from those indicated in the This AGREEMENT constitutes the entire contract of the parties.No other agreements or contracts, Project specifications; whether oral or written,pertaining to the work to be performed,exists between the parties.This
3. Unknown physical conditions at the site of any unusual nature,different materially from AGREEMENT can be modified only by an amendment in writing,signed by both parties. those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the CONTRACT. IN WITNESS WHEREOF,the parties hereto have caused this AGREEMENT to be executed the day B. Upon receipt of said notification CITY will investigate the conditions,and if it finds that the and year last written below. conditions do materially so differ,or do involve hazardous waste,and cause a decrease or ACTOR:
CONTR
increase in CONTRACTOR's cost of or the time required for performance of any part of the CITY:City of Pismo Beach,a Municipal Corporation CONTRACTOR:
Inc.dba Standard Industries
Project,CITY will issue a change order under the procedures described in the General Conditions.
Signed: Signed:
C. In the event that a dispute arises between CITY and CONTRACTOR whether the conditions materially differ,or involve hazardous waste or cause a decrease or increase in Name:Mike James Name:
CONTRACTOR's cost of or time required for performance of any part of the Project, Title:Assistant City Manager/Acting Public Works Title:
CONTRACTOR shall not be excused from any scheduled completion date provided for by the Director AGREEMENT,but shall proceed with all work to be performed under the AGREEMENT. Dated: Dated:
CONTRACTOR shall retain any and all rights provided either by AGREEMENT or by law Address for giving notice:
which pertain to the resolution of disputes and protests between the contracting parties. Signed:
XVIII. COMPONENT PARTS OF THE CONTRACT Name:Jorge E.Garcia Title:City Manager
This AGREEMENT entered into consists of the following CONTRACT DOCUMENTS,all of which are Dated: Email address for official communications:
component parts of the AGREEMENT as if herein set out in full or attached hereto:
In addition,all Change Orders and Work Directive Changes authorizing additions,deletions,or Address for giving notice(See Section XVIII):
modifications,and all appendices,bulletins and addenda as prepared prior to the date of opening Bids 760 Mattie Road,Pismo Beach,CA 93449 Vendor Representative:
setting forth any modifications or corrections or interpretations of any of said documents.In the event ATTEST: Name/Title:
of any conflict between the provisions thereof,the terms of said documents shall control over each other in the following order:
1. Agreement Signed:
2. Change Orders and Work Directive Changes
3. Addenda Name:Erica Inderlied
4. Notice to Bidders Title:City Clerk
5. Contract Proposal
6. Special Provisions APPROVED AS TO FORM:
7. Technical Provisions
8. Contract Plans Signed:
9. City of Pismo Beach Standard Specifications and Drawings
10. Standard Specifications for Public Works Construction,"Greenbook,"2015 edition,or the Name:David M.Fleishman latest edition thereof Title:City Attorney 9of10 10of10
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G\T Y OF
PISMO BEACH CITY COUNCIL STAFF REPORT
A�syoBt Agenda Item #9.E
Meeting Date: October 1, 2024
TITLE:
Shell Beach Road Shared Use Path Extension Project Agreements RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute the following agreements relating to the Shell Beach Road Shared Use Path Project:
1. Phase 2 Baseline Agreement;
2. Phase 3 Memorandum of Understanding;
3. Administering Agency - State Agreement And Program Supplement; and
4. Amendment #1 To the RSTP Exchange/STBG Cooperative Agreement.
DISCUSSION:
The Shell Beach Streetscape project completed in 2021 was Phase 1 of a city-wide multi- use path identified in the City's Bicycle and Pedestrian Master Plan and Complete Street Plan. The current Shell Beach Road Shared Use Path (SBSUP) project includes Phase 2 (from Avila Beach Drive to Spyglass Drive) and Phase 3 (Spyglass Drive to Terrace Avenue). On June 28, 2023, the California Transportation Commission (CTC) awarded San Luis Obispo Council of Governments (SLOCOG) $65 million from the Trade Corridor Enhancement Program (TCEP) for the Five Cities Multimodal Transportation Network Enhancement Project. The TCEP award includes funding to construct the US 101 southbound managed lane project, as well as $508,000 for design of the SBSUP Extension project from Avila Beach Drive to Spyglass Drive (Phase 2).
Phase 2 Baseline Agreement
In order to allocate grant funds for the Shell Beach Road Multi-Use Path Extension project, the City is required to approve a Project Report Equivalent (PRE) and execute a Baseline Agreement (Attachment 2) with SLCOOG, Caltrans, and the CTC, which provides assurances the project will be fully funded through construction with no additional TCEP funds. On March 19, 2024 the City Council approved the PRE.
Phase 3 Memorandum of Understanding
The Memorandum of Understanding (MOU) provided as Attachment 3 is between the City of Pismo Beach, SLOCOG, and the California Department of Transportation (Caltrans). The MOU is intended to formalize the development of a schedule and financial plan for the planning of the Shell Beach Path Phase 3, and represents a commitment to subsequently enter into a cooperative agreement to fund and construct the Shell Beach Path Phase 3.
Administering Agency - State Agreement and Program Supplement On April 16, 2024, the CTC allocated $508,000 in State TCEP funds to be used for the SBSUP design phase. Before the City can begin invoicing for reimbursements an Council Agenda 10-1-2024 9.E-1
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Administering Agency - State Agreement (Attachment 4), and a project specific program supplement (Attachment 5) need to be executed between the City and the state.
Amendment #1 to the RSTP Exchange/STBG Cooperative Agreement On January 10, 2024 the SLOCOG Board approved $500,000 of Regional State Highway Account (RSHA) funds to be used for the SBSUP. Before the City can begin invoicing for reimbursement for work performed on that project, Amendment #1 to the existing Cooperative Agreement (Attachment 6) must be executed between SLOCOG and the City.
Conclusion and Recommendation
Staff recommends the City Council adopt a Resolution (Attachment 1) authorizing the City Manager to execute the Phase 2 Baseline Agreement, Phase 3 MOU, Administering Agency - State Agreement and Program Supplement, and Amendment #1 to the RSTP Exchange/STBG Cooperative Agreement, as outlined above, for the Shell Beach Road Shared Use Path extension project.
FISCAL IMPACT:
There is no immediate fiscal impact associated with executing the agreements. Staff will return to the Council to award a design contract and to recommend accepting and appropriating the grant funds to the project at that future Council meeting.
ATTACHMENTS:
1. Resolution
2. Phase 2 Baseline Agreement
3. Phase 3 Memorandum of Understanding
4. Administering Agency - State Agreement
5. Program Supplement
6. Amendment #1 to the RSTP Exchange/STBG Cooperative Agreement Prepared by:
Erin Olsen, Senior Management Analyst
Submitted by: Mike James, Assistant City Manager/Acting Public Works Director City Manager Approval:
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Attachment 1
RESOLUTION NO. R-2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOLLOWING
AGREEMENTS RELATING TO THE SHELL BEACH ROAD
SHARED USE PATH PROJECT:
1. PHASE 2 BASELINE AGREEMENT;
2. PHASE 3 MEMORANDUM OF UNDERSTANDING;
3. ADMINISTERING AGENCY - STATE AGREEMENT AND PROGRAM
SUPPLEMENT; AND
4. AMENDMENT #1 TO THE RSTP EXCHANGE/STBG COOPERATIVE
AGREEMENT
WHEREAS, the Shell Beach Road Shared Use Path project includes Phase 2 (from Avila Beach Drive to Spyglass Drive) and Phase 3 (Spyglass Drive to Terrace Avenue); and WHEREAS, in order to allocate grant funds for the Shell Beach Road Multi-Use Path Extension project, the City is required to execute a Baseline Agreement with SLOCOG, Caltrans, and the CTC; and
WHEREAS, the agencies have worked to develop a Memorandum of Understanding (MOU) to formalize the development of a schedule and financial plan for the planning of the Shell Beach Path Phase 3; and
WHEREAS, the CTC allocated $508,000 in state TCEP funds to be used for the design phase which requires an Administering Agency - State Agreement and a project specific program supplement executed; and
WHEREAS, the SLOCOG Board approved $500,000 of regional RSHA funds to be used for the SBSUP design phase which requires Amendment #1 to the existing Cooperative Agreement executed before the City can request reimbursements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute the following agreements relating to the Shell Beach Road Shared Use Path project, in the substantially the same form provided in staff's report dated October 1, 2024:
1. Phase 2 Baseline Agreement, among the City, California Transportation Commission, California Department of Transportation, and the San Luis Obispo Council of Governments;
2. Phase 3 Memorandum of Understanding, among the City, the San Luis Obispo Council of Governments, and the California Department of Transportation;
3. Administering Agency - State Agreement and Program Supplement, between the City and the California Department of Transportation; and
4. Amendment #1 to the RSTP Exchange/STBG Cooperative Agreement, between the City and the San Luis Obispo Council of Governments.
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Attachment 1
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 1st day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on
Erica Inderlied, City Clerk
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Attachment 2
STATE OF CALIFORNIA -CALIFORNIA TRANSPORTATION COMMISSION CTC-0001 (REV.03/2023)
ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
PROJECT BASELINE AGREEMENT
Five Cities Multimodal Transportation Network Enhancement Project Resolution TCEP-P-2324-08B
(to be completed by CTC)
1. FUNDING PROGRAM
❑ Active Transportation Program
❑ Local Partnership Program(Competitive)
❑ Solutions for Congested Corridors Program
❑ State Highway Operation and Protection Program
0 Trade Corridor Enhancement Program
2. PARTIES AND DATE
2.1 This Project Baseline Agreement(Agreement)effective on 6/28/2024 (will be completed by CTC),is made by and between the California Transportation Commission(Commission),the California Department of Transportation(Caltrans),the Project Applicant,San Luis Obispo Council of Governments and the Implementing Agency,Caltrans and City of Pismo Beach sometimes collectively referred to as the"Parties".
3. RECITAL
3.1 Whereas at its 6/28/2023 meeting the Commission approved the I Trade Corddor Enhanoement Program and included in this program of projects the rsMAm .1T.nsno i N.woxe na .m ,the parties are entering into this Project Baseline Agreement to document the project cost, schedule,scope and benefits,as detailed on the Project Programming Request Form attached hereto as Exhibit A,the Project Report attached hereto as Exhibit B,the Performance Metrics Form,if applicable,attached hereto as Exhibit C,as the baseline for project monitoring by the Commission.
3.2 The undersigned Project Applicant certifies that the funding sources cited are committed and expected to be available;the estimated costs represent full project funding;and the scope and description of benefits is the best estimate possible.
4. GENERAL PROVISIONS
The Project Applicant,Implementing Agency,and Caltrans agree to abide by the following provisions:
4.1 To meet the requirements of the Road Repair and Accountability Act of 2017(Senate Bill[SB] 1,Chapter 5,Statutes of 2017)which provides the first significant,stable,and on-going increase in state transportation funding in more than two decades.
4.2 To adhere,as applicable,to the provisions of the Commission:
❑ Resolution�,"Adoption of Program of Projects for the Active Transportation Program",dated ❑ Resolution�,"Adoption of Program of Projects for the Local Partnership Program",dated ❑ Resolution�,"Adoption of Pro ram of Projects for the Solutions for Congested Corridors Program", dated
❑ Resolution�,"Adoption of Program of Projects for the State Highway Operation and Protection Program", dated
■❑ Resolution G23 46 "Adoption of Program of Projects for the Trade Corridor Enhancement Program", dated 6/28/2023
Project Baseline Agreement Page 1 of 3
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4.3 All signatories agree to adhere to the Commission's Guidelines.Any conflict between the programs will be resolved at the discretion of the Commission.
4.4 All signatories agree to adhere to the Commission's SB 1 Accountability and Transparency Guidelines and policies,and program and project amendment processes.
4.5 SLOCOG,Caltrans and City of Pismo Beach agrees to secure funds for any additional costs of the project.
4.6 Caltrans and City of Pismo Beach agrees to report to Caltrans on a quarterly basis;on the progress made toward the implementation of the project, including scope,cost,schedule,and anticipated benefits/performance metric outcomes.
4.7 Caltrans agrees to prepare program progress reports on a on a semi-annual basis and include information appropriate to assess the current state of the overall program and the current status of each project identified in the program report.
4.8 1 Caltans and City of Pismo Beach agrees to submit a timely Completion Report and Final Delivery Report as specified in the Commission's SB 1 Accountability and Transparency Guidelines.
4.9 ICaltrans and City of Pismo Beach agrees to submit a timely Project Performance Analysis as specified in the Commission's SB 1 Accountability and Transparency Guidelines.
4.10 All signatories agree to maintain and make available to the Commission and/or its designated representative,all work related documents,including without limitation engineering,financial and other data,and methodologies and assumptions used in the determination of project benefits and performance metric outcomes during the course of the project,and retain those records for six years from the date of the final closeout of the project.Financial records will be maintained in accordance with Generally Accepted Accounting Principles.
4.11 The Inspector General of the Independent Office of Audits and Investigations has the right to audit the project records,including technical and financial data,of the Department of Transportation,the Project Applicant,the Implementing Agency,and any consultant or sub-consultants at any time during the course of the project and for six years from the date of the final closeout of the project,therefore all project records shall be maintained and made available at the time of request. Audits will be conducted in accordance with Generally Accepted Government Auditing Standards.
5. SPECIFIC PROVISIONS AND CONDITIONS
5.1 Project Schedule and Cost
See Project Programming Request Form,attached as Exhibit A.
5.2 Project Scope
See Project Report or equivalent,attached as Exhibit B.At a minimum,the attachment shall include the cover page,evidence of approval,executive summary,and a link to or electronic copy of the full document.
5.3 Performance Metrics
See Performance Metrics Form,if applicable,attached as Exhibit C.
5.4 Additional Provisions and Conditions (Please attach an additional page if additional space is needed.) Implementing Agencies:
Caltrans-Contract#1:Five Cities Multimodal Transportation Network Enhancement Project City of Pismo Beach-Contract#2:Shell Beach Road Shared Use Path Extension In the event of a cost overrun,at the discretion of the department on a case-by-case basis,the state may cover a share proportionate to the state contribution of the TCEP funding identified in the Project Programming Request(PPR)submitted with the project application.For example,if the state/regional TCEP funding share was a 40/60 ratio,the state may fund no more than 40%of the cost overrun.
Additional funding sources available for cost overruns are regional and local discretionary funds,including but not limited to, STIP-RIP,STBG,or CMAQ funds.
Attachments:
Exhibit A: Project Programming Request Form
Exhibit B: Project Report
Exhibit C: Performance Metrics Form(f applicable)
Project Baseline Agreement Page 2 of 3
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Attachment 2
SIGNATURE PAGE
TO
PROJECT BASELINE AGREEMENT
Project Name Five Cities Multimodal Transportation Network Enhancement Project Resolution TCEP-P-2324-08B
(to be completed by CTQ
Peter F. Rod ers Digitally signed by Peter F.Rodgers 4/11/2024 g Date:2024.04.11 15:02:17-07'00'
Pete Rodgers Date
Executive Director
Project Applicant
9�_ — 05/06/2024
Scott Eades Date
District Director-
Implementing Agency
05/06/2024
Scott Eades Date
District Director
California Department of Transportation
11s-mw06/25/2024
Tony Tavares Date
Director
California Department of Transportation
I� T�
/31/2024
Tanisha Taylor Date
Executive Director
California Transportation Commission
Project Baseline Agreement Page 3 of 3
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Attachment 3
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF PISMO BEACH,
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS, AND
CALIFORNIA DEPARTMENT OF TRANSPORTATION
REGARDING REQUIREMENTS TO EXECUTE
COASTAL DEVELOPMENT PERMIT FOR THE
FIVE CITIES MULTIMODAL TRANSPORTATION NETWORK
ENHANCEMENT PROJECT
This Memorandum of Understanding (MOU) is entered into on month/day/year and is made by and between the City of Pismo Beach (CITY), the San Luis Obispo Council of Governments (SLOCOG), and the California Department of Transportation (Caltrans), collectively referred to herein as the AGENCIES.
WHEREAS, SLOCOG is the Lead Nominating Agency for the Five Cities Multimodal Transportation Network Enhancement Project (PROJECT) in the Statewide Transportation Improvement Program (STIP), where PROJECT includes a part-time managed lane approximately 5.27 miles in length on southbound US 101, a mobility transit hub, and electric vehicle charging stations, primarily within the City of Pismo Beach.
WHEREAS, SLOCOG intends to ensure a multimodal pathway is completed in conjunction with the project, including a Shell Beach Path Phase 1 (already complete), a Phase 2, and a Phase 3.
WHEREAS, the California Transportation Commission (CTC) adopted the 2022 Senate Bill 1 Trade Corridor Enhancement Program on June 28, 2023, which includes grant funding to construct PROJECT and Shell Beach Path Phase 2 (SBP 2).
WHERAS, SLOCOG, CTC, Caltrans, and the City of Pismo Beach entered into a Baseline Agreement on July 31, 2024 that sets forth the agreed upon expected benefits, delivery schedule, project cost, and funding plan for PROJECT and SBP 2.
WHEREAS, Caltrans District 5 is the Implementing Agency for the PROJECT.
WHEREAS, the CITY, is the Implementing Agency for SBP 2.
WHEREAS, PROJECT will require a Coastal Development Permit (the CDP) from the California Coastal Commission and it is anticipated that the Commission will require as a condition of approval that Caltrans as the Permittee support planning and construction of the Shell Beach Path Phase 3.
WHEREAS, the AGENCIES wish to demonstrate that, in conjunction with the PROJECT, they intend to plan and complete the Shell Beach Path Phase 3.
WHEREAS, the AGENCIES wish to enter into this MOU to develop a schedule and financial plan for the planning of the Shell Beach Path Phase 3 in its entirety, and to subsequently enter into a cooperative agreement to fund and construct the Shell Beach Path Phase 3. See attached mapping.
IT IS THEREFORE MUTUALLY AGREED:
1. Nothing in this MOU shall be construed to interfere with the authority, under any State law in effect of the date of the enactment of Section 134 of Title 23 USC, of SLOCOG to develop transportation improvement programs.
2. All obligations of Caltrans under the terms of this MOU are subject to appropriation of resources by Council Agenda 10-1-2024 9.E-8
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the Legislature, State Budget Act authority and the allocation of funds by the California Transportation Commission (CTC).
3. All obligations of SLOCOG under the terms of this MOU are subject to approval of programming of resources by the SLOCOG Board of Directors and may also require allocation of funds by the CTC.
4. All obligations of CITY under the terms of this MOU are subject to approval of the CITYs capital improvement programs and programming of resources by the City Council.
5. Within two years from Commission approval of the CDP for the Project, the AGENCIES shall enter into the Cooperative Agreement for the planning and construction of the Shell Beach Path Phase 3.
6. The Cooperative Agreement shall be submitted for review by the Commission's Executive Director prior to execution. The Cooperative Agreement shall include an outline of the AGENCIES' roles and responsibilities, a timeline for completion, and funding of the Shell Beach Path Phase 3. The Cooperative Agreement shall be consistent with the terms and conditions of the CDP issued for the PROJECT. The timetable for completion of the Shell Beach Path Phase 3 shall demonstrate that construction will begin by December 31, 2027.
7. Subject to items 2, 3 and 4 above, Caltrans and SLOCOG shall diligently pursue and complete financial programming and transfer of funds to the CITY.
8. The CITY shall diligently pursue construction and completion of Shell Beach Path Phase 3 as soon as possible, but no later than the deadlines set in the Cooperative Agreement.
9. Funds shall be deposited into separate interest-bearing account(s) specifically established to underwrite the planning, design and engineering, and construction of the Shell Beach Path Phase 3.
10. Within 360 days of the execution of this MOU, and annually thereafter, the AGENCIES shall submit a written report to the California Coastal Commission documenting the progress toward funding and completion of the Shell Beach Path Phase 3.
11. Failure by the AGENCIES to enter into the Cooperative Agreement described above, or to implement it in a manner consistent with the CDP shall be remedied consistent with the terms below. a. In the event the AGENCIES fail to enter into the Cooperative Agreement described above, Caltrans shall submit an application for an amendment to the CDP for the PROJECT to the California Coastal Commission. Such an amendment application shall be required within 90 days upon notice from the Commission's Executive Director. The amendment application shall include a new proposal (or combination of proposals) for multimodal corridor access improvements that provides greater (e.g., longer, more complete amenities, or serving a greater density of population) mitigation than the Shell Beach Path Phase 3. b. In the event the AGENCIES are not able to complete financial programing and transfer the funds to the City by December 31, 2027, or no entity has begun construction of the Shell Beach Path Phase 3 by December 31, 2027, Caltrans shall submit an application for an amendment to the CDP for the PROJECT to the California Coastal Commission. Such an amendment application shall be required within 90 days upon notice from the Commission's Executive Director. The amendment application shall include a new proposal (or combination of proposals) for multimodal corridor access improvements that provides greater (e.g., longer, more complete amenities, or serving a greater density of population) mitigation than the Shell Beach Path Phase 3.
c. The AGENCIES agree that the Commission's Executive Director may extend any deadline above if the Executive Director determines that AGENCIES: (i) have been diligently pursuing the completion of the tasks and milestones, (ii) have demonstrated good cause for any identified delays, and (iii) determines no CDP amendment is legally required.
12. The AGENCIES shall coordinate the planning, funding, design, and construction of the Shell Beach Path Phase 3. The AGENCIES shall work diligently and in good faith to see that the Shell Beach Path Phase 3 is planned, funded, and constructed.
13. No party may terminate its participation in this MOU.
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Attachment 3
City of Pismo Beach
Mayor City Manager
Date: Date:
City Clerk Legal Counsel
Date: Date:
San Luis Obispo Council of Governments
Andy Pease Peter Rodgers
Board President Executive Director
Date: Date:
Jon Ansolabehere
Legal Counsel
Date:
California Department of Transportation
Scott Eades
District 5 Director
Date:
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Attachment 4
MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT
STATE-FUNDED PROJECTS
05 City of Pismo Beach
-------- ---------------------------------------------- District Administering Agency
Agreement No. 05-5289S21
This AGREEMENT, is entered into effective this day of 20_, by and between the City of Pismo Beach, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:
1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and
2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and
3. WHEREAS, said PROJECT will not receive any federal funds; and
4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
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ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.
2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.
3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.
5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.
6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.
7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.
8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).
9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.
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10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.
11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.
12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.
13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.
14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities.
15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.
16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.
17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a
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fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.
18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.
19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.
20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.
21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.
22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.
23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.
24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.
ARTICLE II - RIGHTS-OF-WAY
1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.
2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for
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PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT.
(c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.
3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.
ARTICLE III - MAINTENANCE AND MANAGEMENT
1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide.
With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.
2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not
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being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.
4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.
ARTICLE IV - FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.
2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.
3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six- month period
4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.
5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.
7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of
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indirect cost incurred within each fiscal year being claimed for reimbursement.
ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.
8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.
10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.
11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.
12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.
14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.
15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CaIHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess of CaIHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.
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16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.
17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments. ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.
18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.
19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.
20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.
21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.
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22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.
ARTICLE V
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.
3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.
5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for AE Consultant Contracts.
6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335- 10381 for other professional service contracts.
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7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.
9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.
ARTICLE VI - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.
2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.
3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.
5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.
6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.
7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
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8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.
9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.
10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.
11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.
13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.
14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.
15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or
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jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.
16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.
17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.
18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.
19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.
20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.
21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.
STATE OF CALIFORNIA City of Pismo Beach
DEPARTMENT OF TRANSPORTATION
By By
Chief, Office of Project Management
Oversight City of Pismo Beach
Division of Local Assistance
Representative Name & Title
(Authorized Governing Body
Representative)
Date Date
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EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement
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and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.
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PROGRAM SUPPLEMENT NO. 0000OA685 Adv. Project ID Date: September 04, 2024 to 0524000153 Location: 05-SLO-0-PBCH
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: TCEP-5289(017) FOR STATE FUNDED PROJECTS NO 05-5289S21 E.A. Number:
Locode: 5289
This Program Supplement, effective 08/16/2024, hereby adopts and incorporates into the Administering Agency-State Agreement No. 05-5289S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof.This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project,Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.
PROJECT LOCATION: In the City of Pismo Beach on Shell Beach Road from Avila Beach Drive to Spyglass Drive construct a paved shared use path.
TYPE OF WORK: Shared Use Path Extension LENGTH: 0.O(MILES) Estimated Cost State Funds Matching Funds STATE $508,000.00 LOCAL OTHER
$726,000.00 $218,000.00 $0.00
CITY OF PISMO BEACH STATE OF CALIFORNIA
Department of Transportation
By By
Title Chief, Office of Project Implementation Division of Local Assistance
Date
Attest Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer Date 09/04/2024 $508,000.00 Program Supplement 05--528-A685-SERIAL Page 1 of 3 Council Agenda 10-1-2024 9.E-26
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05-SLO-0-PBCH
TCEP-5289(017)
SPECIAL COVENANTS OR REMARKS
1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds.
2. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
3. ADMINISTERING AGENCY agrees to submit PROJECT specific award information, using Exhibit 25-0 of the LAPG, to the STATE's District Local Assistance Engineer (DLAE) immediately after award of contract, and prior to first invoice submittal. Failure to do so will delay processing invoices for the construction contract. As a minimum, the award information should include the following information: project number, Advantage ID, project description, date funds allocated by the CTC, date project was advertised, bid opening date, award date, award amount, and estimated completion date.
4. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).
5. This PROJECT is programmed to receive State Senate Bill 1, Chapter 5, Statutes of 2017 (SB1) funds from Trade Corridor Enhancement Program (TCEP). This PROJECT will be administered in accordance with the California Transportation Commission (CTC) approved/adopted TCEP Guidelines, and this Program Supplement Agreement.
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05-SLO-0-PBCH
TCEP-5289(017)
SPECIAL COVENANTS OR REMARKS
ADMINISTERING AGENCY agrees to use eligible matching funds of the type identified in its project application/nomination, for the required dollar for dollar minimum local match to the TCEP funds.
ADMINISTERING AGENCY agrees to submit invoices for PROJECT costs in accordance with the Local Assistance Procedures Manual (LAPM).
To satisfy the SB1 accountability requirements, ADMINISTERING AGENCY agrees to:
1) Submit Progress Reports on the activities, expenditures and progress made towards implementation of the PROJECT, as applicable, per CTC SB1 Transparency and Accountability Guidelines. Changes to the scope and budget from the CTC approved project application/nomination shall also be identified in these reports.
The Progress Reports shall be submitted to the Division of Local Assistance - Office of State Programs via the CaISMART reporting tool. 2) Submit a Completion Report after each phase using TCEP funds is complete and a Final Delivery Report to the CTC, within six months of the PROJECT construction contract being accepted, on the scope of the completed PROJECT, its final costs as compared to the project budget in its project application/nomination, its duration as compared to the project schedule in its application/nomination and performance outcomes derived from the PROJECT as compared to those described in the project application/nomination, per the SB1 Transparency and Accountability Guidelines.
6. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.
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Attachment 5
San Luis Obispo Council of Governments
Agreement No. PB-FAST-01
RSTP EXCHANGE/STBG COOPERATIVE AGREEMENT
Amendment No. 1 to Agreement No. PB-FAST-01
THIS AGREEMENT, ENTERED INTO ON THE DATE BELOW STATED is between the San Luis Obispo Council of Governments, referred to herein as"SLOCOG", and the
CITY OF PISMO BEACH
a municipal corporation and
political subdivision of the
State of California, referred
to herein as the"CITY".
RECITALS
WHEREAS, SLOCOG and the CITY are authorized, pursuant to requirements of the Fixing America's Surface Transportation (FAST Act), FAST Act § 1109(a), to enter into a Cooperative Agreement for any transportation purpose within the CITY; and
WHEREAS, SLOCOG and the CITY entered into Agreement No. AG-FAST-01 ("Agreement") on December 5, 2018; and,
WHEREAS, the Agreement is being modified by this Amendment No. 1 to reflect SLOCOG Board programming actions on January 2, 2022, to modify the CITY's Surface Transportation Block Grant Program(STBGP)"Local Choice"program consistent with the 2022 Regional Transportation Improvement Program; and,
WHEREAS, the Agreement is being modified by this Amendment No. 1 to reflect SLOCOG Board programming actions on August 3,2022,to modify the CITY's Surface Transportation Block Grant Program (STBGP)program of projects consistent with the adoption of SLOCOG's Community Betterments Cycle 1.
NOW,THEREFORE,the parties mutually agree as follows:
1) That Agreement No. PB-FAST-01 is hereby amended by adding the programming amounts of January 2, 2022 (2022 Regional Transportation Improvement Program (RTIP), and January 10, 2024(2024 RTIP).
2) That reimbursement of invoices should be based on the estimates provided by the CITY and approved by the SLOCOG Board.
3) That SLOCOG, as grantor of these funds, be recognized in all promotion of the projects in the Amendment. CITY shall include the recognition of SLOCOG in all project branding, signage, press releases, and other marketing materials related to the projects. 4) That remaining terms and conditions of the original Agreement No. PB-FAST-01 shall remain in full force and effect unless otherwise amended per agreement.
SIGNATURES:
CITY OF PISMO BEACH SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS
By: By:
Jorge Garcia, City Manager Peter Rodgers, Executive Director Date: Date:
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ATTEST:
By:
Erica Inderlied, City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: By:
Dave Fleishman, City Attorney Jon Ansolabehere, SLOCOG Counsel Date: Date:
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TABLE 1
CITY OF PISMO BEACH PROJECTS
For
Amendment No. 1 to Agreement No. PB-FAST-01
SLOCOG# Project Name USHA RSHA
SMAPPB02U Urban Area Apportionment $124,800 - (FY 21/22-FY 24/25)
FUTURE# Shell Beach Road Shared Use Path - $500,000 Extension Project(P.E. only)
Total $124,800 $500,000
SLOCOG RSTP Exchange/STBG General Cooperative Agreement page 3 Council Agenda 10-1-2024 9.E-31
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Attachment 5
EXHIBIT A
San Luis Obispo Council of Governments
Regional Surface Transportation Program Exchange (RSTP Exchange)
REIMBURSEMENT REQUEST FORM
Agency Name: Date:
Contact Person:
Project Number(s): Regional: Urban:
Project Title:
This Invoice Covers Work Completed from: / / to:
Project Budget Information: (complete box below-refer to cooperative agreement "Table I"for budget information)
Total SPENT This invoice $ - When using electronic format:fill in unshaded areas only Other Sources TOTAL
Regional Urban Non Regional (must equal 100%)
Reimbursement Rate by Fund
Source(must be consistent with Exhibit 0%
A Project Sheet)
Pro-rata Reimbursement by
Funding Source $ $ - $ $
(Regional/Urban)
Please send a check for$
Total RSTP Exchange share due this invoice (total of heavier shaded boxes above)
Attachments: 1) A brief description of work completed; and 2) Consultant invoices
3) Proof of payment (e.g. copy of CITY check to consultant).
Signed:
(Agency Rep.)
Shaded boxes below for SLOCOG Use
Regional Planner Approval Accounting Initials
SLOCOG RSTP Exchange/STBG General Cooperative Agreement page 4 Council Agenda 10-1-2024 9.E-32
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Attachment 5
EXHIBIT B
PROJECT COMPLETION FORM
for
RSTP Exchange Projects
This form notifies SLOCOG of project completion in accordance with the provisions in the Cooperative Agreement noted below. Our records indicate that the project listed below, funded all or in part with RSTP Exchange funds, has been completed:
Project Name:
Project Number(s):
Cooperative Agreement Date(Recipient Agency):
Approved RSTP amount:
I certify, on behalf of the CITY/County
name of authorized official
of that the project named above was completed name ofjurisdiction
on in accordance with the provisions set forth in the cooperative approximate date of completion
agreement dated It is my understanding that all savings date jurisdiction representative signed
from a cost underrun will be returned to for
CITY/county or SLOCOG
reprogramming in accordance with the cooperative agreement.
Signed: Date:
signature of authorized official date signed
Return completed and signed Project Completion Forms within 2 months of the completion of each project to:
SLOCOG
1114 Marsh Street
San Luis Obispo, CA 93401
Attn: Stephen Hanamaikai
SLOCOG RSTP Exchange/STBG General Cooperative Agreement page 5 Council Agenda 10-1-2024 9.E-33
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Attachment 5
EXHIBIT C
Project Eligibility by Fund Program - Project eligibility requirements by funding program are summarized below.
I. Regional Surface Transportation Program. The Surface Transportation Program (STP) provides flexible funding that may be used by States and localities for projects to preserve and improve the conditions and performance on any Federal-aid highway, bridge and tunnel projects on any public road, pedestrian and bicycle infrastructure, and transit capital projects, including intercity bus terminals. SLOCOG's 2014 RTP will provide guidance on priority routes for regional funding consideration.
The STP program supports national performance goals as defined in FAST-Act, but there are no measures tied specifically to this program. Eligible costs for funds under these programs include pre-project initiation documents (Pre-PID), project study reports (PSR), preliminary engineering (PE), right-of-way acquisition (RW), capital costs, and construction costs associated with an eligible activity.
Eligible Project Activities:
• Construction, reconstruction, rehabilitation, resurfacing, restoration, preservation, or operational improvements for highways, streets, and roads; bikeways and other surface transportation improvements.
• Replacement, rehabilitation, and preservation of bridges on any public road, including construction or reconstruction necessary to accommodate other modes. • Construction of new bridges on a Federal-aid highway. • Capital costs for transit projects eligible for assistance under chapter 53 of title 49, including vehicles and facilities used to provide intercity passenger bus service. • Carpool projects, fringe and corridor parking facilities and programs, including electric and natural gas vehicle charging infrastructure, bicycle transportation and pedestrian walkways, and ADA sidewalk modification.
• Highway and transit safety infrastructure improvements and programs, installation of safety barriers and nets on bridges, hazard eliminations, mitigation of hazards caused by wildlife, railway-highway grade crossings.
• Highway and transit plans research and development. • Capital and operating costs for traffic monitoring, management and control facilities and programs, including advanced truck stop electrification. • Surface transportation planning.
• Transportation Alternatives; newly defined, includes most transportation enhancement eligibilities with the exception of landscaping.
• Transportation control measures (e.g. as defined by region's APCD Clean Air Plan) • Development and establishment of transportation management systems. • Environmental mitigation efforts
• Modifications to intersections with high accident rates or levels of congestion. • Infrastructure-based ITS capital improvements consistent with the Central Coast ITS Implementation Plan.
• Environmental restoration and pollution abatement.
SLOCOG RSTP Exchange/STBG General Cooperative Agreement page 6 Council Agenda 10-1-2024 9.E-34
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Attachment 5
• Control of noxious weeds and establishment of native species. • Congestion pricing projects and strategies, including electric toll collection and travel demand management strategies and programs.
• Recreational trails projects.
• Construction of marine terminals.
• Truck parking facilities.
• Surface transportation infrastructure modifications within port terminal boundaries, only if necessary to facilitate direct intermodal interchange, transfer, and access into and out of the port.
• Construction and operational improvements for a minor collector in the same corridor and in proximity to an NHS route if the improvement is more cost-effective(as determined by a benefit-cost analysis)than an NHS improvement and will enhance NHS level of service and regional traffic flow.
Available Funding
• Direct urban and rural apportionment up to minimum required equal to 110%, plus 15%, of the FY 1990/91 allocation of Federal Aid Secondary(FAS)based upon 2010 census data (initiated in 2015). Final apportionment tables will be developed for the August 2017 Board meeting.
• Regional discretionary funds of$S.OM through FY 2021.
SLOCOG RSTP Exchange/STBG General Cooperative Agreement page 7 Council Agenda 10-1-2024 9.E-35
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Attachment 5
EXHIBIT D
General Programming Policies -All Fund Programs
SLOCOG's 2014 Regional Transportation Plan/Sustainable Communities Strategy identifies an overall goal to develop a multi-modal transportation system which is balanced, coordinated, safe, cost effective, environmentally sound, economically supportive, meeting all the financially reasonable transportation needs of all citizens in San Luis Obispo County. General programming policies affecting the decision making and project selection of the surface transportation system are summarized as follows:
1. SLOCOG will strive to be fair and equitable in the allocation of funding between the various subregions in the county and among member jurisdictions.
2. SLOCOG will adhere to the federal and state statutes, policies, regulations and guidelines applicable to each fund being allocated, and require recipients of grants to do the same.
3. SLOCOG will recommend projects for funding that are:
• Deliverable
• Consistent with the goals, policies, and programs of the 2014 Regional Transportation Plan
• Regionally Significant
• Responsive to immediate funding and project needs
• Consistent with specific criteria of a particular funding program • High likelihood of leveraging other funding (state, federal and/or local)
4. SLOCOG will seek to implement all programs in a timely and efficient manner.
5. SLOCOG will seek to maximize the use of the funds for general public benefit,and will marshal other funds when possible to complete funded projects by prioritizing joint-funded projects.
6. SLOCOG will integrate social equity factors in to the decision making process by applying the findings generated from the Disadvantaged Communities Assessment that is now amended in to the 2014 RTP/SCS.
7. SLOCOG will, to the extent feasible, assure the integration of all projects with jurisdiction, region and statewide transportation plans, providing a comprehensive, systematic approach to resolving transportation problems in the region.
8. SLOCOG will retain maximum flexibility of federal programs under FAST ACT,where feasible, and will also seek to exchange Surface Transportation Block Grant Program (STBGP) (federal)funds for Regional Surface Transportation Program (RSTP) Exchange (state)funds, for reasons of cost efficiency and simplicity in administration. Through the RSTP Exchange funds ultimately become (local)funds.
9. SLOCOG will retain a continuing commitment to emphasize quality and promote excellence in the development of competitive proposals, seeking to fund the best possible projects in terms of cost effectiveness, public benefit and regional and local significance.
10. SLOCOG will reserve discretionary funds for advance development work to ensure regionally significant projects are well scoped, alternatives assessed, accurate estimates prepared, and a finance plan for implementation is developed.
SLOCOG RSTP Exchange/STBG General Cooperative Agreement page 8 Council Agenda 10-1-2024 9.E-36
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Attachment 5
11. SLOCOG will reserve off-the-top funding for programs identified in the 2014 RTP/SCS, including Transportation Demand Management (i.e. Rideshare), Active Transportation Partnership Program, Highway Safety Improvement Program and Safe Routes to School.
12. SLOCOG will maintain funding commitments for existing programmed projects as long as those projects have achieved the project delivery milestones set out at the time of programming. Unavoidable delays to the project delivery milestones will be considered on a case by case basis.
13. SLOCOG will commit a portion of discretionary funding to match and leverage other competitive state-wide grant programs (e.g. new SB1 programs, State of CA Active Transportation Program, Highway Safety Improvement Program (HSIP) for projects of regional significance.)
14. SLOCOG may consider using the above referenced fund sources to address surface transportation needs as identified in the June 7th 2017 SLCOOG Board Staff Report item B-3 2018 RTIP Fund Assumptions Programming Approach - Table 2 Sections 1, 2, and 3, and defer the programming of funds on needs identified in Section 4 (Other Multi-Modal Needs, including bicycle, pedestrian, and public transit related needs).
SLOCOG RSTP Exchange/STBG General Cooperative Agreement page 9 Council Agenda 10-1-2024 9.E-37
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G\T Y OF
PISMO BEACH CITY COUNCIL STAFF REPORT
A�syo sEP Agenda Item #12.A
Meeting Date: October 1, 2024
TITLE:
Public Art Painted Benches for James Way Beautification Project RECOMMENDATION:
1. Provide direction regarding the purchase of four concrete benches for the purpose of creating public art installations for the James Way Beautification project;
2. Direct staff to initiate a Call for Artists and return the item to the Parks, Recreation and Beautification Commission for recommendation on the submitted art proposals; and
3. Direct staff to return the Commission's recommendation to the Council for final approval.
DISCUSSION:
On November 16, 2023, and March 7, 2024, the Parks, Recreation and Beautification Commission (PRBC) explored various public art options for the James Way beautification project, discussing the use of four designated bench areas for public art.
On May 30, 2024, the PRBC decided to move forward with the painted public art benches and recommended this option to be presented to City Council for approval. The Commission concluded that painted benches would enhance the vibrancy of the corridor and highlight the creativity of local artists. The theme may encompass parameters such as California inspiration, bright colors, coastal motifs, and floral elements, and can be either abstract or figurative.
If approved, the benches will take approximately 6-8 weeks for shipment, with the Call for Artists occurring simultaneously. In accordance with Municipal Code Section
15.49.035 E., once PRBC reviews and recommends approval of the designs, staff will return to the Council with the designs for final approval. The artists will be able to work onsite to complete the public art project with an estimated completion timeline in early 2025.
Conclusion and Recommendation
Staff recommends Council to provide direction regarding the public art project for James Way corridor, including the purchasing of four concrete benches and directing staff to solicit a Call for Artists. PRBC will select the top candidates and final designs will be presented for Council approval at a future meeting. Staff will prepare an artist agreement for each artist involved in the project.
Council Agenda 10-1-2024 12.A-1
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FISCAL IMPACT:
The fiscal impact of recommending the James Way public art project is $22,000, and detailed below in Table 1. The funding will come out of the Fiscal Year (FY) 2025 budget, specifically from the General Fund Public Art Program project funds.
Table 1. Cost Estimates
Description Amount
Concrete benches by Precast Unlimited (4) $10,000
Artist Agreements (4) $10,000
Anti-Graffiti Sealer (4) $2,000
Total Cost $22,000
ATTACHMENTS:
1. Concrete art bench design samples
Prepared by:
Colleen Ghiglia, Recreation Manager
Submitted by: Gordon Jackson, Tourism Event Director
City Manager Approval:
Council Agenda 10-1-2024 12.A-2
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G\T Y OF
PISMO BEACH CITY COUNCIL STAFF REPORT
A�syoBt Agenda Item #12.13
Meeting Date: October 1, 2024
TITLE:
Closure of Dead-End Portion of Ridge Road to Vehicular Traffic RECOMMENDATION:
Direct staff to begin the process of vacating a portion of Ridge Road pursuant to Streets & Highways Code Section 8320.
DISCUSSION:
In November 2014, the voters of the City of Pismo Beach approved Measure H-14, which amended the City's General Plan in a number of regards, specifically with reference to development in Planning Area R. Planning Area R consists of a number of parcels currently outside the city limits, but within the City's sphere of influence. Measure H-14 placed a limit on the size of parcels within Planning Area R, and it further limited the types into the City at some point. Measure H-14 also removed references in the City's Land Use and Circulation elements of the General Plan to an inland arterial road running from Price Canyon Road to Oak Park Boulevard, as well as references to the extension of Highland Drive and Ventana Road to the inland arterial. Since the inland arterial and connections to the inland arterial are no longer included as part of the City's General Plan, the roads that ended at the city limits, Rancho Pismo Drive, Highland Drive, Ventana Drive, and Morgan Drive, were no longer needed for vehicular traffic into Planning Area R and were closed pursuant to City Council Resolution R-2018-093, which is available in the Access Pismo public records portal at pismobeach.org/accesspismo'.
At the time the City closed those roads, there was some discussion at the staff level about closing Ridge Road from Panorama Drive to the City limit line as well, but unlike the four portions of roads noted above, there are currently a number of homes within Pismo Beach that take access from Ridge Road. However, beyond the driveways at 250 Ridge Road and 251 Ridge Road, there is no longer any need for the portion of Ridge Road to the city limit to be maintained for public use.
With that said, however, the owners of APN 079-261-001 currently access the property, which lies in the county, through Ridge Road, and the City accesses its water tank facilities along an easement in the county that is accessible from the end of Ridge Road.
Under Vehicle Code Section 21101, a city council may adopt a resolution closing streets under its control to vehicular traffic upon a finding that such streets are no longer needed for vehicular traffic. However, closure of the portion of Ridge Road in question is not possible under Section 21101, as the owners of APN 079-261-001 would still need to use ' Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=204309&dbid=0&repo=Laserfiche Council Agenda 10-1-2024 12.13-1
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Ridge Road to access their property. Therefore, staff has been exploring vacating a portion of Ridge Road under the Streets & Highways Code.
Under the street vacation process, the City would give up its right-of-way over the underlying property, and the property would revert to the owner. The City must first refer the proposed vacation to the Planning Commission pursuant to Government Code Section 65402 for a determination of consistency with the City's General Plan.
In the case of Ridge Road, the City's right-of-way was dedicated at two different times.
The southern lateral half of Ridge Road was dedicated to the City as part of Tract 1233 in 1985, and the City accepted the streets on that tract map in 1986 under Resolution R- 86-114. The northern lateral half of Ridge Road was dedicated to the City as part of Tract 1204 in 1984, which the City accepted in 1988 via Resolution R-88-07. The configuration of the cul-de-sac and adjacent parcels is depicted in Figure 1 below. Parcel lines shown in this figure are for illustration only, and are not precise survey lines.
Figure 1. Ridge Road Cul-de-Sac
APN 079-261-001 " f
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RIDGE
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251 RIDGE '
ROAD
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As part of this process, staff would approach the property owner at 250 Ridge Road to request two things: (1) a perpetual easement in favor of APN 079-261-001 to allow the Mankins family to continue across the formerly public portion of Ridge Road from the City's remaining right-of-way on Ridge Road to the edge of the their property, and (2) a one-foot no access easement in favor of the City across the property that is subject only to the Mankins easement noted in (1). This would permit the City to prevent any through Council Agenda 10-1-2024 12.113-2
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traffic on to the City's right-of-way beyond the portion vacated in favor of 250 Ridge Road on the north half of Ridge Road. The City would offer to draft the necessary documents to effectuate these actions.
Staff would also approach the property owner at 250 Ridge Road to request a similar no- access easement in favor of the City over a portion of that property beyond the end of the current cul-de-sac. Since that property extends beyond the end of cul-de-sac, vacating that half of Ridge Road would be unnecessary.
The process outlined above is significantly more complicated than the street closure procedures previously undertaken for other streets in the city, mainly because of the need to maintain access for the owners of APN 079-261-001, and for access to the City's water facilities outside the City limits. However, the end result would be the same: closure of the portion of Ridge Road no longer needed for public access.
Alternatives
The Council could elect to not close the portion of Ridge Road in question. Should property in the county develop in the future, Ridge Road might be used to access that area as a public street.
Conclusion and Recommendation
Staff recommends that the Council direct staff to begin the process of vacating a portion of the northern lateral half of Ridge Road and associated actions as noted above, including referral of the matter to the Planning Commission for consideration of a consistency determination under the General Plan. If Council approves this recommendation, staff will return to the Council following Planning Commission action on this matter with a resolution initiating the street vacation process along with associated documents reflecting the easements requested from the property owners at 250 and 251 Ridge Road.
FISCAL IMPACT:
No significant fiscal impact is anticipated from the closure of Ridge Road at its terminus, as it is not used currently for public vehicular through traffic. Only the City and the owners of APN 079-261-001 currently use the access at the end of Ridge Road. There are currently gates both for the Mankins access and the City's access that would remain.
There will be some minor expense associated with drafting and recording of various documents to effectuate the street vacation and easement reservations that is expected to be within existing budgeted authority.
ATTACHMENTS:
None.
Submitted by:
Dave Fleishman, City Attorney
City Manager Approval: .
Council Agenda 10-1-2024 12.113-3
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G\T Y OF
PISMO BEACH CITY COUNCIL STAFF REPORT
.o�s'yo Bt Agenda Item #12.0
Meeting Date: October 1, 2024
TITLE:
Capital Improvement Program Semi-Annual Report
RECOMMENDATION:
No action required; for information only.
DISCUSSION:
The City's Engineering Division consists of five full-time staff members: the Director of Public Works/City Engineer, Engineering Manager, Senior Engineer, Capital Projects Manager, and Senior Management Analyst. Currently, the Director of Public Works/City Engineer position is vacant. The Engineering Manager is serving as Acting City Engineer and the Assistant City Manager is serving as Acting Director of Public Works.
The City Council met on February 3, 2023, to establish goals for Fiscal Year 2024 & 2025 to guide capital improvements, investments, and initiatives for the City for the next two years. Additionally, due to the duration of certain projects, some projects that staff is working on reflect direction from the City Council's previous goals. The Council's current goals are:
• Maintain a Focus on Public Safety
• Water Supply, Conservation and Central Coast Blue
• Community Character, Beautification and Quality of Life for Residents • Traffic, Circulation, and Parking
• Housing and Homelessness
Completed Projects
Council Goal - Community Character, Beautification and Quality of Life for Residents Palisades and Chumash Park Improvements
This project involved the purchase and installation of new play equipment at both Palisades Park and Chumash Park along with related ADA site and parking lot improvements. Play equipment has been installed at both parks and a ribbon cutting was held on May 7, 2024. The Notice of Completion was approved by City Council on August 20, 2024.
Council Agenda 10-1-2024 12.C-1
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Other Projects
Chapman Estate ADA Restroom Remodel and Addition
This project involved construction of an ADA Restroom at the Chapman Estate.
Construction commenced in May of 2023. The Notice of Completion was approved by City Council on June 4, 2024.
City Hall Exterior Improvements Project
This project consisted of wood repairs and repainting of the exterior of City Hall. In addition, updates to the awnings and sign on the exterior of the building were completed.
The Notice of Completion was approved by City Council on June 4, 2024.
Emergency Services Temporary Relocation
This project consisted of improvements at various locations to support the temporary relocation of the emergency essential services during the construction of the Public Safety Facility project. Police and Fire crews will operate from these temporary locations until the construction of a new public safety facility is completed.
Under Construction
Council Goal - Traffic, Circulation, and Parking
FY 23/24 Paving Project
A contract was awarded to Cal Portland Construction in April 2022. Construction commenced in May 2022 and is ongoing. The project is estimated to be completed in the fall of 2024.
Work in Progress
• Price Street paving and striping
Completed Work Since Last CIP Update
• Striping of neighborhoods off of James Way and Ventana Drive • Striping of Mattie Road
• Price Street Medians
• Vista Del Mar Avenue
• Upper Wadsworth concrete and paving
• Lower Wadsworth storm drain
• Paving of the City Hall parking lot
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Council Goal - Community Character, Beautification and Quality of Life for Residents James Way Beautification
A contract was awarded to JJ Fisher Construction on September 5, 2023 and construction began in November 2023. Work on the ocean side of the street is complete. Remaining work includes the installation of new trees on the inland side of the street.
Council Goal— Maintain a Focus on Public Safety
Public Safety Facility
Demolition and preservation of existing bricks for the Old Grammar School/Old City Hall building is in progress.
Police/Parking Annex Building
The project is down to final punchlist items and estimated to be completed in October 2024.
Other Projects
Wastewater Treatment Plant Improvements Project
The project includes:
• Rehabilitation of the existing:
o Belt Filter Press — Completed
o Dissolved Air Flotation Tank — Completed
o Clarifiers — Currently advertised for construction bids o Digester#2 — Completed
• Cleaning of the oxidation ditches — Spring 2025
• Demolition of Digester#1 — Construction bids received, and contract is pending Council approval under a different item at this meeting. • Construction of a new 60-foot by 60-foot steel building — Pending demolition of Digester #1.
• Repaving of the Corporation Yard parking lot after completion of construction of the various improvements — Pending completion of Public Safety Facility.
Toucan Terrace Trestle Recoating
This project consists of painting of the piping and support structure for the sewer trestle located in the open space adjacent to the Toucan Terrace neighborhood. Scaffolding is in place and painting of the piping and support structure to follow.
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Bello Bridge Trail Continuation
This project will extend the existing trail under the new Bello Street Bridge. Construction began on September 23, 2024 and at the time of the writing of this report is expected to last one week.
Design
New Production Well
This project will construct a new water production well, which will add redundancy to the system and eventually replace Well 23, which has been rebuilt twice in the last twenty years and is not expected to be rebuilt again in the future. The City is reevaluating the site locations for this project to ensure optimal performance, location, and reliability.
Council Goal - Community Character and Quality of Life for Residents Ventana Tennis Courts Project
The project consists of construction of new tennis and pickleball courts on Ventana Drive (Ventana Courts). These will consist of two pickleball courts, one tennis court, and a parking lot as well as a crosswalk between Chumash Park and the Ventana Courts. This project was previously on hold, and a new contract with the design consultant has been executed. A kickoff meeting was held on September 13, 2024.
Hinds/Oceanview Pedestrian Path
This project was intended to construct a sidewalk between Price Canyon Road/Hinds Avenue to Ocean View Avenue adjacent to and east of Highway 101. During the design process, it was discovered that due to existing terrain, an ADA accessible pedestrian path is infeasible. Staff has developed an alternate project and the consultant is currently preparing plans for construction of a maintenance access road between Hinds Avenue and Stimson Avenue, to be constructed by the private developer. The road will be closed to vehicular traffic using bollards, which can be removed for maintenance equipment access.
Addie Street Restroom Replacement
This project will replace the current restroom at the beach end of Addie Street, adjacent to the Addie Street parking lot, with a larger restroom that incorporates a lifeguard office.
The design consultant is working on finalizing the plans, specifications and estimate package to get the project bid ready. Planning staff is currently working to renew the lease agreement with State Parks.
Bello Street and Price Canyon Road Signal
The project will construct a traffic signal at the intersection of Bello Street and Price Canyon Road. The design consultant is preparing the environmental document and construction plans, specifications and estimate (PS&E). Staff is currently reviewing the Administrative Draft environmental document and 50% PS&E.
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Other Projects
Pier Avenue Stairs Closure
An Engineering consultant is preparing plans and specifications for removal of the stairs.
Construction of the project is expected in FY 2026.
Shell Beach Road Shared Use Path
The project will construct a Class 1 multi-use path on Shell Beach Road between Avila Beach Drive in the county to Cliff Avenue. Phase 1 of the project has been completed, between Terrace Avenue and Cliff Avenue, known as the Shell Beach Streetscape project. Phase 2 of the project will connect Avila Beach Drive to Spyglass Drive, with Phase 3 connecting Spyglass Drive to Terrace Avenue. Phases 2 and 3 of the project are funded through SLOCOG, scheduled to be constructed in 2026 and 2027, respectively.
Staff has released an RFP for design of Phase 2, with final construction documents anticipated to be completed by January 2026.
Cliff Avenue/Ocean Boulevard Storm Drain Repair
The project will repair the damaged storm drain outfall at the intersection of Cliff Avenue and Ocean Boulevard. The project is funded through the Federal Emergency Relief program. The Right of Way Certification was approved by Caltrans on September 13, 2024. Staff has submitted the request for construction funding authorization and is preparing the bid package as well as an RFP for construction management services to be issued once construction funding is authorized.
Charles Street Reservoir Replacement project
This project will replace the Charles Street Reservoir, located in Grover Beach, which has reached the end of its useful life. The City has been awarded a $500,000 U.S. Department of Housing and Urban Development (HUD) grant. Staff is seeking environmental professional services for the HUD National Environmental Policy Act (NEPA) requirements and has released a formal RFP for design services.
Bello Street Reservoir Roof Replacement Project
This project will replace the floating roof on the Bello Street Reservoir, which has reached the end of its useful life, with a wooden roof suspended over the reservoir that will last longer than a floating roof and require less maintenance over its useful life.
FISCAL IMPACT:
There is no direct fiscal impact associated with this report.
ATTACHMENTS:
None.
Prepared by:
Erin Olsen, Senior Management Analyst
Submitted by: Mike James, Assistant City Manager/Acting Public Works Director City Manager Approval: -
Council Agenda 10-1-2024 12.C-5
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