AGENDA
Pismo Beach City Council
Tuesday, December 17, 2024
Time Meeting Type Physical Location Virtual Viewing Option 5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual viewing is offered via Zoom.
2 Broadcast meeting also available for viewing on cable Channel 20 and online at pismobeach.org/agenda.
0. 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:
x Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. x 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:
x Click this link on any computer or mobile device: https://us02web.zoom.us/j/84823715585 . This URL may also be typed into a web browser.
Listen via telephone:
x Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted.
Watch online:
x Visit www.pismobeach.org/agenda and scroll to “Upcoming Events.” When the live broadcast begins, an “In Progress” link will appear; click this link to watch the livestream. A recording of the meeting will be available on demand shortly after the meeting ends.
Watch on Channel 20:
x 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:
x In advance of the meeting, written comments may be emailed to [email protected] or mailed or delivered to the City Clerk’s Office, 760 Mattie Road, Pismo Beach, CA 93449. During the Regular Meeting no later than the start of the comment period for your item of interest, written comment may be hand-delivered to staff in the Council Chamber. Emails submitted after the start of the meeting may not be fully considered prior to any action taken on the item.
Submit voicemail comment:
x 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:
x In the event a Council Member participates in this meeting by teleconference under the provisions of Government Code Section 54953(f), public comment will be accepted via Zoom, including by telephone audio, as required by law. However, the timing of a request by a Council Member to participate remotely may not allow sufficient time to post an agenda containing information on how the public may participate via Zoom or telephone. In such instances, the City Clerk or another staff member will orally provide such information at the meeting.
x Meetings may begin a few minutes after the scheduled start time. x Meetings will be recorded, except closed sessions; these recordings are public record. x Phone numbers of call-in attendees may be visible to other meeting attendees, or in meeting recordings. x Phone numbers of voicemail commenters may be visible in the public record along with transcripts.
Please contact City Clerk Erica Inderlied at [email protected] with questions.
Council Agenda 12-17-2024
Pismo Beach City Council Agenda December 17, 2024
Regular Meeting—5:30 p.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 CALL TO ORDER: Mayor Waage
1. ROLL CALL:
Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Guthrie, Inman, Newton
2. PLEDGE OF ALLEGIANCE
3. ACCEPTANCE OF AGENDA
12. BUSINESS ITEM - Reordered
Item 12.A: Certification of November 5, 2024 General Election Results (Inderlied) Recommendation:
Adopt a Resolution reciting the fact of the General Municipal Election held on Tuesday, November 5, 2024, declaring the result and such other matters as provided by law.
4. PRESENTATIONS
Item 4.A: Oath of Office for Incoming Mayor and Council Members (Inderlied) Recommendation:
No Council action is recommended.
Item 4.B: Selection of Mayor Pro Tempore for a Two-Year Term (Inderlied) Recommendation:
1. Nominate at least one Member of the City Council to serve as Mayor Pro Tempore;
2. Conduct a vote on any nominated Members and appoint the Member receiving the highest number of votes to a two-year term, through December 2026.
Brief Recess
Council Agenda 12-17-2024
Pismo Beach City Council Agenda December 17, 2024
5. PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item NOT appearing on the agenda. For items appearing on the agenda, including the Consent Calendar, the public will be invited to make comments during Council consideration of the item. In accordance with state law, matters raised as part of this comment period cannot be discussed or acted upon by the City Council at this time.
However, in response to a matter raised as part of this comment period, the Council may, during Item 13, City Council Comments and Requests, direct staff to assist a speaker, or schedule the matter for consideration on a future agenda.
Please adhere to the following procedures when addressing the Council:
• Please limit your comments to 3 minutes or less.
•Unduly disruptive behavior will not be permitted.
Documents submitted to the Council become public record unless otherwise exempt from disclosure.
6. CITY MANAGER’S REPORT - No action to be taken
7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT - No action to be taken
8. COUNCIL COMMITTEE REPORTS
1. Air Pollution Control District, SLO County (Newton/Reiss)
2. California Joint Powers Insurance Authority (Reiss)
3. CAPSLO (Reiss)
4. Central Coast Blue Regional Recycled Water Authority (Waage)
5. Central Coast Community Energy Policy Board (Waage)
6. Chapman Estate Foundation (Liaison) (Reiss)
7. Coastal Cities Group, League of CA Cities (Waage)
8. Conference and Visitors Bureau / LBID Board (Liaison) (Inman)
9. Friends of Price House Liaison (Waage)
10. Hazard Mitigation & Fire Safety (Inman/Waage)
11. Homeless Services Oversight Council (Guthrie/Reiss)
12. Integrated Waste Management Authority (Newton/Inman)
13. Mobile Home Rent Stabilization Subcommittee (Inman/Waage)
14. REACH (Newton)
15. Regional Transit Authority, SLO (Waage/Reiss)
16. Shell Beach Improvement Group Liaison (Inman/Reiss)
17. SLOCOG (Waage/Reiss)
18. South County Chambers Gov’t Affairs (Guthrie/Inman)
19. Visit SLO CAL Advisory Committee (Inman)
20. Water Resources Advisory Committee, SLO (Guthrie/Inman)
21. Zone 3 Water Advisory Committee, SLO (Guthrie/Inman) (Govt Code Section 53232.3)
9. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration. Public comment on Consent Calendar items will be invited prior to action on the Calendar.
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1. Adopt Minutes of the September 18, 2023 Closed Session.
2. Adopt Minutes of the September 26, 2023 Regular Meeting.
3. Adopt Minutes of the February 13, 2024 Special Meeting.
4. Adopt Minutes of the February 21, 2024 Special Meeting.
5. Adopt Minutes of the December 3, 2024 Regular Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:
1. Approve the Summary of Payroll Register for November 17, 2024 and December 1, 2024;
2. Approve the Register of Demands for November 22, 2024 and November 29, 2024.
Council Agenda 12-17-2024
Pismo Beach City Council Agenda December 17, 2024
Item 9.C: Notice of Completion for the Toucan Terrace Pipeline Recoating Project (James)
Recommendation:
1. Accept the Toucan Terrace Pipeline Recoating Project as complete;
2. Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the project.
Item 9.D: California Department of Tax and Fee Administration Resolutions to Implement Transactions and Use Tax Measure F-24, Effective April 1, 2025 (Feeser)
Recommendation:
1. Adopt a Resolution authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration for implementation of a transactions and use tax.
2. Adopt a Resolution authorizing the California Department of Tax and Fee Administration to examine transactions and use tax records.
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.B: 2025 Federal Legislative Agenda (James)
Recommendation:
Approve the 2025 Federal Legislative Agenda.
Item 12.C: Authorization for the Purchase of a New Restroom at Addie Street from the Public Restroom Company (James)
Recommendation:
1. Adopt a Resolution authorizing the purchase of a new restroom for the Addie Street Parking Lot from the Public Restroom Company in the amount of $693,614; and
2. Authorize staff to advertise for construction bids for the Addie Street Restroom Project.
Council Agenda 12-17-2024
Pismo Beach City Council Agenda December 17, 2024
Item 12.D External Committee Assignments for Calendar Years 2025 and 2026 (Inderlied)
Recommendation:
1. Provide input to the Mayor on the assignment of Council Members to various internal and external boards and committees for calendar years 2025 and 2026; and
2. Affirm the Mayor's assignments.
13. CITY COUNCIL COMMENTS AND REQUESTS - No action to be taken
14. ADJOURNMENT
To the following meeting(s). Special and Closed Session times may be subject to change, as noticed. Meetings will be held in a hybrid in-person / virtual format unless otherwise noted:
Meeting Time Date Location
Regular Meeting 5:30 p.m.Tuesday, January 21, 2025 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 December 17, 2024 meeting(s) of the Pismo Beach City Council was posted on December 12, 2024, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.
Erica Inderlied, City Clerk
Meeting Schedule:The City Council of Pismo Beach regularly meets on the first and third Tuesdays of each month at 5:30 p.m., unless otherwise noticed. Closed and Special sessions will be duly noticed as needed.
Council Agendas:Agendas for Regular Meetings are available for public review on the City’s website at pismobeach.org/agenda and upon request from the City Clerk’s Office, typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed Sessions and other Special meetings are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.
Related Materials:All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at [email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. Please call (805) 773-7003 with any questions.
Broadcasting:Regular (televised) City Council meetings are available for viewing 24/7 at pismobeach.org/agenda, broadcast live on Channel 20, and re-broadcast during the week following the meeting on Channel 20 at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day.
Use of Equipment:Please contact the City Clerk’s Office if requesting to use the chamber equipment during public comment or as part of a scheduled presentation, 24 hours prior to the meeting at (805) 773-7003. y,
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Pismo Beach City Council Agenda December 17, 2024
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 12-17-2024
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
Meeting Date: December 17, 2024
TITLE:
Certification of November 5, 2024 General Election Results RECOMMENDATION:
Adopt a Resolution reciting the fact of the General Municipal Election held on Tuesday, November 5, 2024, declaring the result and such other matters as provided by law.
DISCUSSION:
The San Luis Obispo County Elections Office has completed its canvass (official tabulation of results) of the General Election held on Tuesday, November 5, 2024, including the results of Pismo Beach's election of a Mayor and two City Council Members and Pismo Beach Sales Tax Measure F-24.
In accordance with California Elections Code §§10262—10264, staff recommends that the Council adopt a resolution (Attachment 1) declaring the results of the Election, as required by law, prior to installing the elected officers. The final Statement of Votes cast for Pismo Beach contests, dated December 3, 2024, is included in Attachment 1.A.
At the time of the election, Pismo Beach had 6,260 registered voters, of whom 5,455, or 87%, cast ballots, compared to 71% in 2022 and 91% in 2020. The city's voters cast 5,152 mail ballots, and 303 ballots at polling stations.
Mayor and City Council Election
The number of votes cast for each candidate was as follows:
For Mayor: Votes %
Ed Waage 3,200 64.61%
Kevin Kreowski 1,753 35.39%
For Council Member: Votes %
Scott A. Newton 3,467 48.19%
Marcia Guthrie 2,632 36.58%
Gianni Scangarello 1,096 15.23%
The results show that Ed Waage received the highest number of votes for the office of Mayor, and that Scott Newton and Marcia Guthrie received the highest and second- highest number of votes, respectively, for the office of City Council Member, and all three incumbents have therefore been re-elected.
In accordance with Elections Code §10265, following the adoption of the attached resolution, the City Clerk will administer an Oath of Office to the newly-elected officers, Council Agenda 12-17-2024 12.A-1
Packet Page 1
who will then officially commence their terms of office. A Mayor Pro Tempore will then be selected by the Council as part of the following agenda item.
Measure F-24
The number of votes cast upon Measure F-24, a sales and use tax measure also known as the Pismo Beach Essential Services Measure, was as follows:
Votes %
Yes 3,162 62.53%
No 1,895 37.47%
Total 5,057
The results show that the measure received greater than the 50%+1 threshold of votes required for its passage. The measure (provided for reference only as Attachment 2) is therefore ratified and, by the Council’s adoption of a resolution certifying the election results (Attachment 1), will be deemed adopted as of November 5, 2024. It will become effective by statute ten days after certification (December 27, 2024) and implementation will begin in 2025 as outlined in the ordinance. Additional legislative action will be required to enable the California Department of Tax and Fee Administration’s implementation of the tax, which will be brought to the Council as a separate agenda item.
Conclusion and Recommendation
Staff recommends that the City Council adopt a resolution (Attachment 1) declaring the results of the November 5, 2024 Election.
FISCAL IMPACT:
There is no fiscal impact from this request. The City has not yet received an invoice from the County for its election consolidation services, but the cost is anticipated to be within the adopted City Clerk Division budget. Other routine elections-related activities are absorbed by the City Clerk Division budget.
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: Certificate of Results and Statement of Votes Cast
2. Ordinance: Measure F-24 (for reference only)
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 12-17-2024 12.A-2
Packet Page 2
RESOLUTION NO. R-2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 5, 2024, DECLARING THE RESULT AND SUCH
OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Pismo Beach, California, on Tuesday, November 5, 2024, as required by law; and WHEREAS, notice of the election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, the San Luis Obispo County Elections Division canvassed the returns of the election and has certified the results, and the excerpt of the results pertaining to the elective offices of the City of Pismo Beach are attached, and made a part hereof as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1.
That the whole number of votes (ballots) cast in the precincts except vote by mail voter ballots was 303; that the whole number of vote-by-mail ballots cast in the City was 4,329; making a total of 5,152 votes (ballots) cast in the City.
SECTION 2.
That the names of persons voted for at the election for Mayor are as follows:
x Kevin Kreowski
x Ed Waage
That the names of persons voted for at the election for Member of the City Council are as follows:
x Marcia Guthrie
x Scott A. Newton
x Gianni Scangarello
Council Agenda 12-17-2024 12.A-3
Packet Page 3
Attachment 1
SECTION 3.
That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit A attached.
SECTION 4.
The City Council does declare and determine: That Ed Waage was elected as Mayor for the full term of two years; Scott A. Newton was elected as Member of the City Council for the full term of four years; and Marcia Guthrie was elected as Member of the City Council for the full term of four years; and
That as a result of the election, a majority of the voters voting on Measure F-24, also known as the Pismo Beach Essential Services Measure, did vote in favor of it by a vote of 3,162 in favor and 1,895 against, and that the measure was carried, and by adoption of this Resolution shall be deemed adopted and ratified as of the date of the election; and shall become effective ten days hereafter.
SECTION 5.
The City Clerk shall enter into the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of votes (ballots) cast in the City; (2) the names of the persons voted for, if any; (3) for what office each person was voted for; (4) the measure(s) voted upon, if any; (5) the number of votes given at each precinct to each person, and for and against each measure(s); (6) the total number of votes given to each person, and for and against each measure.
SECTION 6.
That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
SECTION 7.
That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 17th day of December 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Council Agenda 12-17-2024 12.A-4
Attachment 1
Packet Page 4
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Inderlied, City Clerk
Council Agenda 12-17-2024 12.A-5
Attachment 1
Packet Page 5
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Council Agenda 12-17-2024 12.A-6
Attachment 1.A
Packet Page 6
Precinct Registered
Voters Voters Cast % Turnout
County
Electionwide
307
Polling 2,602 143 5.50%
Vote by Mail 2,602 2,144 82.40%
Total 2,602 2,287 87.89%
308
Polling 1,839 85 4.62%
Vote by Mail 1,839 1,546 84.07%
Total 1,839 1,631 88.69%
309
Polling 1,819 75 4.12%
Vote by Mail 1,819 1,462 80.37%
Total 1,819 1,537 84.50%
Electionwide - Total 6,260 5,455 87.14%
County - Total 6,260 5,455 87.14%
Polling 6,260 303 4.84%
Vote by Mail 6,260 5,152 82.30%
SOVC for: City of Pismo Beach, Mayor, City of Pismo Beach, Councilmember, City of Pismo Beach, All Counting Groups
NOVEMBER 5, 2024, GENERAL ELECTION
COUNTY OF SAN LUIS OBISPO
OFFICIAL ELECTION RESULTS - CITY OF PISMO BEACH
12/4/2024 2:37:49 PMPage: 1 of 4
Council Agenda 12-17-2024 12.A-7
Attachment 1.A
Packet Page 7
City of Pismo Beach, Mayor (Vote for 1) **** - Insufficient Turnout to Protect Voter Privacy Precinct Ti
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Electionwide
307
Polling 143 2,602 32 0
Vote by Mail 2,144 2,602 170 1
Total 2,287 2,602 202 1
308
Polling 85 1,839 20 0
Vote by Mail 1,546 1,839 115 0
Total 1,631 1,839 135 0
309
Polling 75 1,819 20 0
Vote by Mail 1,462 1,819 144 0
Total 1,537 1,819 164 0
Electionwide - Total 5,455 6,260 501 1
County - Total 5,455 6,260 501 1
Precinct KE
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Electionwide
307
Polling 59 52 111
Vote by Mail 791 1,182 1,973
Total 850 1,234 2,084
308
Polling 19 46 65
Vote by Mail 479 952 1,431
Total 498 998 1,496
309
Polling 27 28 55
Vote by Mail 378 940 1,318
Total 405 968 1,373
Electionwide - Total 1,753 3,200 4,953
County - Total 1,753 3,200 4,953
12/4/2024 2:37:49 PMPage: 2 of 4
Council Agenda 12-17-2024 12.A-8
Attachment 1.A
Packet Page 8
City of Pismo Beach, Councilmember (Vote for 2) **** - Insufficient Turnout to Protect Voter Privacy Precinct Ti
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Electionwide
307
Polling 143 2,602 136 0
Vote by Mail 2,144 2,602 1,378 2
Total 2,287 2,602 1,514 2
308
Polling 85 1,839 80 0
Vote by Mail 1,546 1,839 1,009 0
Total 1,631 1,839 1,089 0
309
Polling 75 81 0
Vote by Mail 1,462 1,819 1,029 0
Total 1,537 1,819 1,110 0
Electionwide - Total 5,455 6,260 3,713 2
County - Total 5,455 6,260 3,713 2
Precinct MA
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Electionwide
307
Polling 53 63
Vote by Mail 1,027 1,437
Total 1,080 1,500
308
Polling 28 44
Vote by Mail 766 1,006
Total 794 1,050
309
Polling 19 37
Vote by Mail 739 880
Total 758 917
Electionwide - Total 2,632 3,467
County - Total 2,632 3,467
12/4/2024 2:37:49 PMPage: 3 of 4
Council Agenda 12-17-2024 12.A-9
Attachment 1.A
Packet Page 9
Precinct GI
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County
Electionwide
307
Polling 34 150
Vote by Mail 444 2,908
Total 478 3,058
308
Polling 18 90
Vote by Mail 311 2,083
Total 329 2,173
309
Polling 13 69
Vote by Mail 276 1,895
Total 289 1,964
Electionwide - Total 1,096 7,195
County - Total 1,096 7,195
12/4/2024 2:37:49 PMPage: 4 of 4
Council Agenda 12-17-2024 12.A-10
Attachment 1.A
Packet Page 10
Council Agenda 12-17-2024 12.A-11
Attachment 1.A
Packet Page 11
Precinct Registered
Voters Voters Cast % Turnout
County
Electionwide
307
Polling 2,602 143 5.50%
Vote by Mail 2,602 2,144 82.40%
Total 2,602 2,287 87.89%
308
Polling 1,839 85 4.62%
Vote by Mail 1,839 1,546 84.07%
Total 1,839 1,631 88.69%
309
Polling 1,819 75 4.12%
Vote by Mail 1,819 1,462 80.37%
Total 1,819 1,537 84.50%
Electionwide - Total 6,260 5,455 87.14%
County - Total 6,260 5,455 87.14%
Polling 6,260 303 4.84%
Vote by Mail 6,260 5,152 82.30%
SOVC for: Measure F-24 City of Pismo Beach Transactions and Use Tax (50% +1), City of Pismo Beach, All Counting Groups
NOVEMBER 5, 2024, GENERAL ELECTION
COUNTY OF SAN LUIS OBISPO
OFFICIAL ELECTION RESULTS - MEASURE F-24
12/4/2024 3:17:58 PMPage: 1 of 2
Council Agenda 12-17-2024 12.A-12
Attachment 1.A
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Measure F-24 City of Pismo Beach Transactions and Use Tax (50% +1) (Vote for 1) **** - Insufficient Turnout to Protect Voter Privacy
Precinct Ti
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County
Electionwide
307
Polling 143 2,602 30 0
Vote by Mail 2,144 2,602 142 1
Total 2,287 2,602 172 1
308
Polling 85 1,839 15 0
Vote by Mail 1,546 1,839 81 1
Total 1,631 1,839 96 1
309
Polling 75 1,819 16 0
Vote by Mail 1,462 1,819 112 0
Total 1,537 1,819 128 0
Electionwide - Total 5,455 6,260 396 2
County - Total 5,455 6,260 396 2
Precinct YE
S
NO
To
t
a
l
V
o
t
e
s
County
Electionwide
307
Polling 69 44 113
Vote by Mail 1,283 718 2,001
Total 1,352 762 2,114
308
Polling 38 32 70
Vote by Mail 858 606 1,464
Total 896 638 1,534
309
Polling 32 27 59
Vote by Mail 882 468 1,350
Total 914 495 1,409
Electionwide - Total 3,162 1,895 5,057
County - Total 3,162 1,895 5,057
12/4/2024 3:17:58 PMPage: 2 of 2
Council Agenda 12-17-2024 12.A-13
Attachment 1.A
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MEASURE F-24
ORDINANCE NO. O-2024-003
AN ORDINANCE OF THE PEOPLE OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING TITLE 3, CHAPTER 3.22 OF THE PISMO BEACH MUNICIPAL CODE
EXTENDING AND MODIFYING A TRANSACTIONS AND USE TAX TO BE
ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE
ADMINISTRATION
The People of the City of Pismo Beach, California do ordain as follows:
SECTION 1. FINDINGS.
A. One of the primary roles of City government is to provide vital public services such as fixing potholes, keeping streets, sidewalks, infrastructure, parks, and public facilities safe, clean, and well-maintained, providing police/fire protection, 9-1-1 emergency services, addressing homelessness, and many other essential city services.
B. The City's revenue for such vital services comes from property tax, sales tax, hotel tax, and other such revenues.
C. Prior to 2008, budget cuts forced the City to spend less on street and sidewalk maintenance, pothole repair, park maintenance and replacement of 20- to 30-year- old storm drains than was necessary to adequately maintain this infrastructure in fully functional working condition. As a result, many City streets were in poor condition and inefficient storm drainage could have resulted in flooding.
D. In 2008, the voters of Pismo Beach approved a transactions and use tax in the amount of one-half of one percent, the funds from which have been used entirely for the improvement of City infrastructure, with none of the additional funds being used for administrative or other soft costs. In 2014, the voters of Pismo Beach approved the extension of the transactions and use tax. The City has used this money to pave streets, improve drainage and other City infrastructure.
E. The cost to continue to provide these vital services at current levels of service continues to escalate and exceeds the amount of funds and revenues generated from all other sources of income available for such purpose. The extension of the transactions and use tax, originally approved by the voters in 2008 and extended by the voters in 2014, and modification of the tax rate to one percent, is necessary to continue to maintain the public good, welfare, and safety.
Council Agenda 12-17-2024 12.A-14
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F. Without the extension of the transactions and use tax, the City will have to either generate additional revenue to continue to maintain existing City infrastructure or begin making cuts to other essential City services.
G. A local finance measure gives Pismo Beach residents local control. More than 63% of taxable purchases in the City are made by visitors to the City. Every penny generated by the measure stays in Pismo Beach to be used for the needs and services of our residents and the City.
H. The extension and modification of such a tax will allow the City to continue to provide a high level of essential services to residents, businesses and visitors throughout the City.
I. All funds from a locally approved transactions and use tax would stay in Pismo Beach to benefit local residents and could not be taken away by the State.
J. A local measure will include a twelve-year sunset clause, after which the tax will cease to be collected unless reauthorized by the voters.
SECTION 2. AMENDMENT OF CODE.
Pismo Beach Municipal Code Title 3 is hereby amended to revise Chapter 3.22 to read in its entirety as follows:
CHAPTER 3.22 TRANSACTIONS AND USE TAX
3.22.010 Title.
This ordinance shall be known as the “Transactions and Use Tax Ordinance of the City of Pismo Beach”. The City of Pismo Beach hereinafter shall be called “City.” This ordinance shall be applicable in the incorporated territory of the City.
3.22.020 Purpose.
This ordinance is adopted to extend and modify the transactions and use tax initially approved by the voters in 2008 and extended by the voters in 2014, to achieve the following, among other purposes, and the provisions hereof shall be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
Council Agenda 12-17-2024 12.A-15
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B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.
3.22.030 Operative date.
As to adoption of the transactions and use tax pursuant to Ordinance O-2008-002 approved by the voters in November 2008, “Operative Date” means the first day of the first calendar quarter commencing more than one hundred ten (110) days after the adoption of Ordinance O-2008-002.
As to the extension of the transactions and use tax pursuant to Ordinance O-2014- 008 approved by the voters in November 2014, “Operative Date” means the first day of the first calendar quarter commencing more than one hundred ten (110) days after the adoption of Ordinance O-2014-008.
Otherwise, “Operative Date” means the first day of the first calendar quarter commencing more than one hundred ten (110) days after the adoption of this ordinance, the date of adoption being set forth below.
3.22.040 Contract with state.
Prior to the operative date, the City shall contract with the State Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the State Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.
Council Agenda 12-17-2024 12.A-16
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3.22.050 Transactions tax rate.
Commencing on the Operative Date under Ordinances O-2008-002 and O-2014- 008, for the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one half of one percent (0.5%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City on and after the operative date of this ordinance. Commencing on the Operative Date, for the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent (1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City on and after the operative date of this ordinance.
3.22.060 Place of sale.
For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Department of Tax and Fee Administration.
3.22.070 Use tax rate.
Commencing on the Operative Date under Ordinances O-2008-002 and O-2014- 008, an excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one half of one percent (0.5%) of the sales price of the property. Commencing on the Operative Date, an excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one percent (1%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
3.22.080 Adoption of provisions of state law.
Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Council Agenda 12-17-2024 12.A-17
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Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.
3.22.090 Limitations on adoption of state law and collection of use taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name City of Pismo Beach shall be substituted therefor.
However, the substitution shall not be made when:
1. The word “State” is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against Pismo Beach or any agency, officer, or employee thereof rather than by or against the State Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this ordinance.
3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word “City” shall be substituted for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 and in the definition of that phrase in Section 6203.
Council Agenda 12-17-2024 12.A-18
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3.22.100 Permit not required.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.
3.22.110 Exemptions and exclusions.
A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley- Burns Uniform Local Sales and Use Tax Law or the amount of any state- administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
Council Agenda 12-17-2024 12.A-19
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3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of Council Agenda 12-17-2024 12.A-20
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time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
3.22.120 Amendments.
All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. The City Council may make amendments to this chapter that do not affect the rate or duration of the tax imposed without approval of the voters of the City.
Council Agenda 12-17-2024 12.A-21
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3.22.130 Enjoining collection forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
3.22.140 Semi-annual report to council.
The City Manager shall report to Council not less frequently than semi-annually on the amount of tax collected under this ordinance, and any expenditures made, or proposed to be made with such collections.
SECTION 3. USE OF TAX PROCEEDS.
All proceeds of the tax levied and imposed hereunder shall be accounted for and paid into the City of Pismo Beach General Fund, and may be used for any lawful purpose as designated by the City Council.
SECTION 4. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
SECTION 5. STATUTORY AUTHORITY FOR TAX.
This ordinance is adopted pursuant to Revenue and Taxation Code section 7285.9.
SECTION 6. ELECTION REQUIRED.
This ordinance shall not become operative unless and until a majority of the electors voting on this measure vote to approve the imposition of the tax at the general municipal election to be held on November 5, 2024.
SECTION 7. EFFECTIVE DATE AND TERMINATION DATE.
If this ordinance is approved by a majority of the electors voting on the issue at the November 5, 2024 general municipal election, pursuant to Elections Code Section 9217, the ordinance shall be become effective ten (10) days after the City Council accepts the certified results of the election. Should this ordinance be approved by a majority of electors at the November 5, 2024 election, it shall be repealed without further action of the City Council or voters twelve (12) years after the Operative Date, after which date the tax imposed by this ordinance shall not be collected.
Council Agenda 12-17-2024 12.A-22
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INTRODUCED at a regular meeting of the City Council held this 4th day of June, 2024, on motion of Mayor Pro Tem Reiss, seconded by Council Member Guthrie, and on the following roll call vote, to wit:
AYES: 4 Reiss, Guthrie, Inman, Waage
NOES: 1 Newton
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this 18th day of June, 2024, on motion of Council Member Guthrie, seconded by Council Member Inman, and on the following vote:
AYES: 4 Guthrie, Inman, Reiss, Waage
NOES: 1 Newton
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
PASSED AND ADOPTED by the People of the City of Pismo Beach this 5th day of November 2024.
Attest:
________________________
Erica Inderlied, City Clerk
Council Agenda 12-17-2024 12.A-23
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CERTIFICATION OF ORDINANCE POSTING
Government Code §40806
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN LUIS OBISPO }
I, Erica Inderlied, the City Clerk of the City of Pismo Beach, California, hereby certify in accordance with California Government Code Section 40806 that the foregoing document is a true and correct copy of Ordinance No. O-2024-003, titled AN ORDINANCE OF THE PEOPLE OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING TITLE 3, CHAPTER 3.22 OF THE PISMO BEACH MUNICIPAL CODE EXTENDING AND
MODIFYING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days of adoption thereof, pursuant to the requirements of California Government Code Section 36933.
Dated this 18th day of December, 2024. Witness my hand and official seal. ____________________________
Erica Inderlied, City Clerk
Council Agenda 12-17-2024 12.A-24
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #4.A
Meeting Date: December 17, 2024
TITLE:
Oath of Office for Incoming Mayor and Council Members
RECOMMENDATION:
No Council action is recommended.
DISCUSSION:
In accordance with California Elections Code §10265, following the certification of official results of the November 5, 2024 General Election by the City Council, the City Clerk will administer an Oath of Office to Mayor-elect Ed Waage and Council Members-elect Marcia Guthrie and Scott Newton, who will thereafter officially commence their terms of office.
Certificates of Election will also be distributed to the candidates. No action of the Council is recommended.
FISCAL IMPACT:
There is no fiscal impact from the swearing in of elected officers.
ATTACHMENTS:
None.
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 12-17-2024 4.A-1
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #4.B
Meeting Date: December 17, 2024
TITLE:
Selection of Mayor Pro Tempore for a Two-Year Term
RECOMMENDATION:
1. Nominate at least one Member of the City Council to serve as Mayor Pro Tempore;
2. Conduct a vote on any nominated Members and appoint the Member receiving the highest number of votes to a two-year term, through December 2026.
DISCUSSION:
In accordance with City Council Resolution R-99-35, the term of Pismo Beach's Mayor Pro Tempore shall be two years, commencing in December of each regular election year immediately following the seating of incoming elected officers. In this way, the Mayor Pro Tempore's term coincides with that of the Mayor.
Additionally, Government Code Section 36801 requires that "the city council shall meet at the meeting at which the declaration of the election results for a general municipal election is made […] and, following the declaration of the election results and the installation of elected officials, choose one of its number as […] mayor pro tempore." The City Council selects the Mayor Pro Tempore, commonly known as Mayor Pro Tem, from among seated Council Members.
The Council Member who serves as Mayor Pro Tem exercises the same level of legislative power as other members of the Council, however the Mayor Pro Tem will act as presiding officer in the Mayor's absence.
Conclusion and Recommendation
In accordance with R-99-35, the City Clerk will call for nominations from Members for the appointment of a Mayor Pro Tem, and then, call for a vote upon each. The Member receiving the majority of vote will be appointed Mayor Pro Tem, for a term ending December 2026.
In accordance with Pismo Beach Municipal Code Section 2.04.170 B., the Mayor Pro Tem shall be seated to the Mayor's right. In accordance with R-99-35, the Mayor Pro Tem serves at the discretion of the Council and may be removed by a majority vote of the Council at any properly noticed meeting.
FISCAL IMPACT:
There is no fiscal impact from the selection of a Mayor Pro Tempore. The office does not provide any additional compensation to the appointed Council Member.
ATTACHMENTS:
None
Council Agenda 12-17-2024 4.B-1
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Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 12-17-2024 4.B-2
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
Meeting Date: December 17, 2024
TITLE:
Adoption of Meeting Minutes
RECOMMENDATION:
1. Adopt Minutes of the September 18, 2023 Closed Session.
2. Adopt Minutes of the September 26, 2023 Regular Meeting.
3. Adopt Minutes of the February 13, 2024 Special Meeting.
4. Adopt Minutes of the February 21, 2024 Special Meeting.
5. Adopt Minutes of the December 3, 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 September 18, 2023 Closed Session.
2. Draft Minutes of the September 26, 2023 Regular Meeting.
3. Draft Minutes of the February 13, 2024 Special Meeting.
4. Draft Minutes of the February 21, 2024 Special Meeting.
5. Draft Minutes of the December 3, 2024 Regular Meeting.
Submitted by:
Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 12-17-2024 9.A-1
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DRAFT MINUTES
Pismo Beach City Council
Monday, September 18, 2023
Special Closed Session—8:30 a.m.
2727 Shell Beach Road, Pismo Beach, CA 93449
The City Council of the City of Pismo Beach met this date in a special closed session with Mayor Waage presiding.
CALL TO ORDER: Mayor Waage called the meeting to order at 8:30 a.m.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:
Bianka Buchanan, Human Resources Officer
2. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3. ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Waage announced the Closed Session item listed below.
Item 3.A: Public Employee Appointment (Government Code §54957) City Manager
4. CLOSED SESSION REPORT
Mayor Waage reported that no reportable action was taken on the above item.
5. ADJOURNMENT
At 3:58 p.m.
Attachment 1
Council Agenda 12-17-2024 9.A-2
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APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
Council Agenda 12-17-2024 9.A-3
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DRAFT MINUTES
Pismo Beach City Council
Tuesday, September 26, 2023
Special Closed Session—9:30 a.m.
City Hall, 760 Mattie Road, Pismo Beach, CA 93449
The City Council of the City of Pismo Beach met this date in a special closed session with Mayor Waage presiding.
CALL TO ORDER: Mayor Waage called the meeting to order at 9:30 a.m.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman (via teleconference)
Council Member Scott Newton
Staff Present:
David Fleishman, City Attorney
2. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3. ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session item listed below.
Item 3.A: Conference with Labor Negotiators (Government Code §54957.6) Agency designated representative: David M. Fleishman, City Attorney Unrepresented employee: City Manager
4. CLOSED SESSION REPORT
City Attorney Fleishman reported that no reportable action was taken on the above item.
Attachment 2
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5. ADJOURNMENT
At 10:28 a.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 2
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DRAFT MINUTES
Pismo Beach City Council
Tuesday, February 13, 2024
Special Meeting—1:00 p.m.
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: 1:02 p.m.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:
Erica Inderlied, City Clerk
2. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3. AGENDA ITEMS
Item 3.A: 2024 Annual Advisory Body Interviews and Appointments (Inderlied) Recommendation:
Review of Current Membership
1. Review the membership standing of current Advisory Body members, including training and attendance data, and provide direction to staff if desired.
Review of Applicants not Appearing for Interviews
2. Review the applications of applicants not appearing for an interview.
Interviews – Applicants for Multiple Bodies
3. Conduct interviews of applicants who have applied for multiple Advisory Bodies.
Attachment 3
Council Agenda 12-17-2024 9.A-6
Packet Page 33
Appointments – SEC
4. Complete a ballot selecting preferred candidates for two Special Events Committee (SEC) seats for the term of March 1, 2024—February 28, 2026.
Interviews – Planning Commission
5. Conduct interviews of remaining applicants for the Planning Commission.
Appointments – Planning Commission
6. Complete a ballot selecting preferred candidates for two Planning Commission seats for the term of March 1, 2024—February 28, 2026.
Presenting staff:
Erica Inderlied, City Clerk
The City Council considered the applications of the following applicants not appearing for interviews:
Kim Jacobsen, for the Planning Commission and Special Events Committee;
JD Payne, for the Parks, Recreation and Beautification Commission, Planning Commission, and Traffic Safety Committee;
Vicki Pobor, for the Parking Advisory Committee;
David Purdy, for the Parks, Recreation and Beautification Commission, Planning Commission, and Traffic Safety Committee;
Karen Valdez, for the Parking Advisory Committee, Parks, Recreation and Beautification Commission, and Traffic Safety Committee; Lyndon Schaeffer , for the Parks, Recreation and Beautification Commission, and Planning Commission;
Mukesh Modi , for the Conference and Visitors Bureau Board, Parks, Recreation and Beautification Commission, and Special Events Committee.
Supplemental material submitted into the record.
The City Council conducted the following interviews:
Dean Krikorian, for the Parks, Recreation and Beautification Commission and Planning Commission;
Linda Grupenhagen, for the Planning Commission, Special Events Committee, and Traffic Safety Committee;
Teresa Field, for the Conference and Visitors Bureau Board, Parks, Recreation and Beautification Commission, and Planning Commission; Bruce Botto, for the Planning Commission;
Tamara McCall, for the Planning Commission;
Jimmy Summer, for the Planning Commission;
Don Oberhelman, for the Planning Commission.
Attachment 3
Council Agenda 12-17-2024 9.A-7
Packet Page 34
Action: Make the following appointments:
x Planning Commission
Donald Oberhelman, for a two-year term ending February 28, 2026.
Jimmy Summer, for a two-year term ending February 28, 2026. x Special Events Committee
Linda Grupenhagen, for a two-year term ending February 28, 2026.
Tamara McCall, for a two-year term ending February 28, 2026.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
4. CITY COUNCIL COMMENTS AND REQUESTS
No action.
5. ADJOURNMENT
At 5:33 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 3
Council Agenda 12-17-2024 9.A-8
Packet Page 35
DRAFT MINUTES
Pismo Beach City Council
Wednesday, February 21, 2024
Special Meeting—9:00 a.m.
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: 9:05 a.m.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage Council Member Scott Newton
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Staff Present:
Erica Inderlied, City Clerk
2. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3. AGENDA ITEMS
Item 3.A: 2024 Annual Advisory Body Interviews and Appointments (Inderlied) Recommendation:
Interviews – CVB Board, PAC, PRBC, and TSC
1. Conduct interviews of remaining applicants for the Conference and Visitors Bureau Board (CVB Board).
2. Conduct interviews of remaining applicants for the Parking Advisory Committee (PAC).
3. Conduct interviews of remaining applicants for the Parks, Recreation and Beautification Commission (PRBC).
4. Conduct interviews of remaining applicants for the Traffic Safety Committee (TSC).
Attachment 4
Council Agenda 12-17-2024 9.A-9
Packet Page 36
Appointments – CVB Board, PAC, PRBC, and TSC
5. Complete a ballot selecting preferred candidates for two Conference & Visitors Bureau Board seats for the term of March 1, 2024—February 28, 2026.
6. Complete a ballot selecting preferred candidates for three Parking Advisory Committee seats for the term of March 1, 2024—February 28, 2026.
7. Complete a ballot selecting preferred candidates for two Parks, Recreation and Beautification Commission seats for the term of March 1, 2024—February 28, 2026.
8. Complete a ballot selecting preferred candidates for two Traffic Safety Committee (TSC) seats for the term of March 1, 2024—February 28, 2026.
Presenting staff:
Erica Inderlied, City Clerk
The City Council considered the applications of the following applicants not appearing for interviews:
David Morneau, for the Conference and Visitors Bureau Board; Robert Horch, for the Parking Advisory Committee;
Don Day, for the Parking Advisory Committee;
Michael Cotta, for the Traffic Safety Committee;
Dave Daguerre, for the Traffic Safety Committee.
The City Council conducted the following interviews:
Ryan Wardle, for the Parks, Recreation and Beautification Commission; Megan Taylor, for the Conference and Visitors Bureau Board; Charley Allcock, for the Parks, Recreation and Beautification Commission; Ron Rodriguez, for the Parks, Recreation and Beautification Commission.
Action: Make the following appointments:
x Conference and Visitors Bureau Board
David Morneau, for a two-year term ending February 28, 2026.
Megan Taylor, for a two-year term ending February 28, 2026. x Parks, Recreation and Beautification Commission
Ron Rodriguez, for a two-year term ending February 28, 2026.
Ryan Wardle, for a two-year term ending February 28, 2026. x Parking Advisory Committee
Don Day, for a two-year term ending February 28, 2026.
Attachment 4
Council Agenda 12-17-2024 9.A-10
Packet Page 37
Robert Horch, for a two-year term ending February 28, 2026. x Traffic Safety Committee
Michael Cotta, for a two-year term ending February 28, 2026.
David Daguerre, for a two-year term ending February 28, 2026.
In support: 4 Guthrie, Inman, Reiss, Waage
In opposition: 0
Absent: 1 Newton
Abstain: 0
Recused: 0
4. CITY COUNCIL COMMENTS AND REQUESTS
No action.
5. ADJOURNMENT
At 10:30 a.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 4
Council Agenda 12-17-2024 9.A-11
Packet Page 38
DRAFT MINUTES
Pismo Beach City Council
Tuesday, December 3, 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.
TELECONFERENCE PROCEDURE
Item: Notification by a Legislative Body Member of the Need for Teleconference Meeting Attendance for Just Cause Under Assembly Bill 2449
Council Member Inman notified the City Council of the need to attend the meeting by teleconference under the provisions of Assembly Billy 2449 for just cause; gave a brief general description of the circumstances giving rise to the need to attend virtually; and disclosed that there were no other adults present at the remote location.
Action: No action.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman (via teleconference)
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
Attachment 5
Council Agenda 12-17-2024 9.A-12
Packet Page 39
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.
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 Guthrie:
San Luis Obispo County Homeless Services Oversight Council.
San Luis Obispo County Zone 3 Water Committee.
Mayor Pro Tem Reiss:
Chapman Estate Foundation Board.
Mayor Waage:
San Luis Obispo Council of Governments (SLOCOG) Board / Executive Committee.
Attachment 5
Council Agenda 12-17-2024 9.A-13
Packet Page 40
9. CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Guthrie
Second: Newton
Vote: The motion passed on the following vote (Items 9.A through 9.H):
Ayes: 5 Guthrie, Newton, Inman, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1. Adopt Minutes of the May 11, 2023 Special Budget Workshop.
2. Adopt Minutes of the November 19, 2024 Regular Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:
1. Approve the Summary of Payroll Register for November 3, 2024;
2. Approve the Register of Demands for October 25, 2024, November 1, 2024, November 8, 2024, and November 15, 2024.
Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for October 2024 of Fiscal Year 2025 (Feeser) Recommendation:
No action recommended; for information only.
Item 9.D: Annual Public Report on Development Impact Fees for Fiscal Year 2024 (Feeser)
Recommendation:
1. Receive the Annual Public Report on Development Impact Fees for Fiscal Year 2024;
2. Adopt a Resolution approving the Annual Public Report on Development Impact Fees for Fiscal Year 2024.
Legislative Record: Resolution R-2024-068 adopted.
Attachment 5
Council Agenda 12-17-2024 9.A-14
Packet Page 41
Item 9.E: Update on January 9, 2023 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:
1. Review the need for continuing currently active local emergency proclamations;
2. Provide direction to staff if desired.
Item 9.F: Authorization for Agreement with Michael K. Nunley & Associates, Inc. for Design of the Charles Street Reservoir Replacement Project (James)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Michael K. Nunley & Associates, Inc. in the amount of $197,684 for engineering design services for the Charles Street Reservoir Replacement Project.
Legislative Record: Resolution R-2024-069 adopted.
Item 9.G: ThinkGard Agreement for Security Information Event Management (SIEM) and Security Orchestration Automation and Response (SOAR) Services (Feeser)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into an agreement with ThinkGard, LLC to provide security information event management and security orchestration automation and response services for Fiscal Years 2025 through 2027.
Legislative Record: Resolution R-2024-070 adopted.
Item 9.H: 2025 City Council Regular Meeting Schedule (Inderlied) Recommendation:
Adopt a Resolution establishing the 2025 City Council Regular Meeting schedule.
Legislative Record: Resolution R-2024-071 adopted.
10. ITEMS PULLED FROM CONSENT
None.
Attachment 5
Council Agenda 12-17-2024 9.A-15
Packet Page 42
12. BUSINESS ITEMS
This item was reordered.
Item 12.A: Mid-Year Budget Adjustments for Fiscal Year 2025 (Feeser) Recommendation:
Adopt a Resolution approving and appropriating budget adjustments for Fiscal Year 2025.
Presenting staff:
Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager
Supplemental material submitted into the record.
Call for public comment: No comment.
Action: Adopt a Resolution approving and appropriating budget adjustments for Fiscal Year 2025.
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes: 5 Newton, Guthrie, Inman, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2024-072 adopted.
11. PUBLIC HEARINGS
Item 11.A: Public Hearing to Receive Community Input and Requests for Use of Community Development Block Grant Funds (Graham)
Recommendation:
1. Conduct a public hearing to receive input on the City’s allocation of Community Development Block Grant funds for the 2025 Action Plan Year;
2. Adopt a Resolution approving draft funding recommendations to forward to the County of San Luis Obispo for inclusion in the 2025 Community Development Block Grant Action Plan.
Attachment 5
Council Agenda 12-17-2024 9.A-16
Packet Page 43
Presenting staff:
Jorge Garcia, City Manager
Scot Graham, Community Development Director
Supplemental material submitted into the record.
Call for public comment: No comment.
The public hearing was closed.
Action: Adopt a Resolution approving draft funding recommendations to forward to the County of San Luis Obispo for inclusion in the 2025 Community Development Block Grant Action Plan.
Motion: Guthrie
Second: Newton
Vote: The motion passed on the following vote:
Ayes: 5 Guthrie, Newton, Inman, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2024-073 adopted.
12. BUSINESS ITEMS
Item 12.A: Mid-Year Budget Adjustments for Fiscal Year 2025 (Feeser) This item was reordered and heard prior to Item 11.A.
13. CITY COUNCIL COMMENTS AND REQUESTS
No action.
14. ADJOURNMENT
At 6:08 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 5
Council Agenda 12-17-2024 9.A-17
Packet Page 44
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B
Meeting Date: December 17, 2024
TITLE:
Payroll Register and Register of Demands
RECOMMENDATION:
1. Approve the Summary of Payroll Register for November 17, 2024 and December 1, 2024;
2. Approve the Register of Demands for November 22, 2024 and November 29, 2024.
DISCUSSION:
Attached are the Summary of Payroll Register(s) and Register(s) of Demands (Check Registers) noted above, provided for Council approval.
FISCAL IMPACT:
As demonstrated in the attached payroll and check registers.
ATTACHMENTS:
1. Payroll Summary
2. Registers of Demands
Submitted by: Nadia Feeser, Administrative Services Director/City Treasurer City Manager Approval:
Council Agenda 12-17-2024 9.B-1
Packet Page 45
FOR PERIOD ENDING 11/17/24
CHECKS DATED 11/22/24
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557155-557155 1
ACH 128
EARNINGS
REGULAR 387,825.23
HOLIDAY 5,351.20
OVERTIME (Includes Comp Time Payouts)13,710.92
Administration
Building
Conference & Visitors Bureau
Police Department 9,761.17
Parking
Engineering
Fire
Recreation
Public Works 653.85
Water 1,381.40
Wastewater 1,914.50
Motor Vehicles
Subtotal-Overtime 13,710.92$
SALARY ADJUSTMENTS 219.71
TRAINING / UNIFORM ALLOWANCE 165.00
OTHER EARNINGS 12,289.99
$419,562.05
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 43,286.30
FICA & MEDICARE 29,143.48
STATE INCOME TAX 17,131.35
STATE DISABILITY INSURANCE 4,499.88
GARNISHMENTS 1,448.90
HEALTH 4,062.24
SUPPLEMENTAL DISABILITY 1,346.05
SECTION 125 1,514.15
PERS 36,826.23
DEFERRED COMPENSATION 8,429.87
ADDITIONAL LIFE INSURANCE 299.00
UNION DUES 2,309.05
PISMO ATHLETIC CLUB 412.50
OTHER
NET PAYROLL $268,853.05
DIRECT DEPOSIT DEDUCTION 268,495.52
NET PAYROLL AFTER ACH DEPOSIT 357.53
SUMMARY PAYROLL REGISTER
Council Agenda 12-17-2024 9.B-2
Attachment 1
Packet Page 46
FOR PERIOD ENDING 12/01/24
CHECKS DATED 12/06/24
PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 557156 1
ACH 126
EARNINGS
REGULAR 383,041.88
HOLIDAY 5,347.43
OVERTIME (Includes Comp Time Payouts)19,188.18
Administration
Building
Conference & Visitors Bureau
Police Department 13,170.65
Parking
Engineering
Fire
Recreation
Public Works 1,590.34
Water 2,302.38
Wastewater 2,124.81
Motor Vehicles
Subtotal-Overtime 19,188.18$
SALARY ADJUSTMENTS 57.60
TRAINING / UNIFORM ALLOWANCE 14,232.31
OTHER EARNINGS 166,349.97
$588,217.37
LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 78,814.95
FICA & MEDICARE 36,357.76
STATE INCOME TAX 28,111.08
STATE DISABILITY INSURANCE 6,325.81
GARNISHMENTS 1,448.90
HEALTH 7,045.45
SUPPLEMENTAL DISABILITY 1,311.47
SECTION 125 1,514.15
PERS 37,201.44
DEFERRED COMPENSATION 12,686.88
ADDITIONAL LIFE INSURANCE 349.75
UNION DUES 2,229.32
PISMO ATHLETIC CLUB 763.48
OTHER
NET PAYROLL $374,056.93
DIRECT DEPOSIT DEDUCTION 369,314.17
NET PAYROLL AFTER ACH DEPOSIT 4,742.76
SUMMARY PAYROLL REGISTER
Council Agenda 12-17-2024 9.B-3
Attachment 1
Packet Page 47
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10002 Internal Revenue Service 101,393.16$ Federal Income Tax PD 11/22/24 ACH 11208 SEIU Local 620 AFL/CIO 930.09 SEIU Dues PD 11/22/24 ACH 12017 Vantagepoint Transfer Agents 9,208.00 Retiree Health Longevity Premiums - PD 12/01/24 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 25,657.43 ICMA 457 Deferred Comp EE & ER PD 11/22/24 ACH 12305 Franchise Tax Board 21,582.83 SDI & State Income Tax PD 11/22/24 ACH 12360 CalPERS 457 Plan 291.67 PERS 457 Deferred Comp ER PD 11/22/24 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA
525.00 ICMA Roth IRA PD 11/22/24
ACH 13455 Wex 552.42 Fuel for City Vehicles 10/07/24 - 11/06/24 131746 10434 Abalone Coast Analytical Inc 144.00 Water Analysis 131747 14943 Aggie Investments LLC 46,514.49 2023 Chevrolet Silverado - ST232 131748 14760 AHA Shoes, Inc 300.00 Safety Boots FY25
131749 12275 Airgas West Inc 46.08 Oxygen - MVR - Oct 2024 131750 12433 Alpha Electrical Service Inc 1,520.64 Addie St Lift Station Service Call & WW Electrical Repairs 131751 14911 Brenda Alvarado 586.51 Reimb Hotel/Parking/Uber: Springbrook Activate 10/28-10/30/24 131752 11365 American Legal Publishing Corporation 6.30 Ordinance Codification 131753 11382 Applied Technology Group, Inc. 225.00 Service Call - PD 10/2/24 131754 12624 AT&T 9391012187 6,120.35 PSF Internet - 10/10/2024 - 11/09/2024 131755 12623 AT&T 9391012188 4,332.61 Phone Bill - 10/10/2024 - 11/09/2024 131756 13278 AT&T 9391059148 1,810.56 Phone Bill - 10/10/2024 - 11/09/2024 131757 12625 AT&T 9391083592 1,545.49 Internet - 10/01/2024 - 10/31/2024 131758 14832 AT&T Mobility 287339470580 160.96 iPad mini Internet - October 2024 131759 14827 John Robert Bledsoe 2,085.00 Pre-employment Background Check 131760 14402 Carol A. Burner 933.33 900 Bello Lease - December 2024 131761 13094 Cal-Coast Refrigeration Inc. 724.21 Refrigeration Service Call 131762 14414 California State Disbursement Unit 415.38 Tax Withholding Order PD 11/22/24 131763 14771 California State Disbursement Unit 16.15 Tax Withholding Order PD 11/22/24 131764 14876 California State Disbursement Unit 784.61 Tax Withholding Order PD 11/22/24 131765 12488 California Travel Association 999.00 Regular yearly membership 7/1/24 - 6/30/25 131766 14855 California's Best Janitorial 21,469.18 Janitorial Services - July - September 2024 131767 12610 CalPortland Construction 516,403.55 Paving Project - Aug 2024 131768 11451 Channel Islands Technology Integrators' Group 9,682.56 O365- Phone- MDM & Storage Licenses - Oct 2024 131769 12349 Charter Communications 3,974.25 WAN 10/01/24-10/31/24 131770 11373 Cherry Lane Nursery 29.08 Clam Island
131771 10667 Complete Paperless Solutions, LLC 796.49 Laserfiche User License 131772 14466 Cuesta Springs Ice Company Inc. 5,220.00 14 Tons Ice - Holiday Harmony 12/6/24 131773 14313 Culligan/Santa Maria 1,117.26 Drinking Water Oct 2024- Admin 131774 13098 Cushman Contracting Corporation 15,326.88 Emergency Pier Pile Removal 131775 11585 D & H Water Systems Inc 1,165.81 WWTP Probe 131776 12119 Dave Bang Associates Inc of California 3,502.64 Boosinger Park Play Equipment 131777 12628 Dell Marketing LP 2,737.32 3 x OptiPlex Micro Form Factor 7020 BTX - A/V room 131778 14217 Deltina Coffee Roasters 62.50 Coffee for PW Streets & Parks 131779 12790 Diversified Project Services International 2,250.00 Engineering Design Services - Digester #1 Demolition - Oct 2024 131780 13697 Dudek 400.00 GP/LCP Update - 8/23/24-9/27/24 131781 14473 DXP Enterprises, Inc. 2,508.54 JLW 90PT Horizon Tablets 131782 11469 Eikhof Design Group Inc 2,235.00 Development Review & Stormwater Inspection - Oct 2024 131783 12541 Engel & Gray Inc 8,082.93 Composting Biosolids October 2024 131784 14741 Epic Entertainment, Inc. 575.00 Holiday Harmony DJ 12/5/24 131785 14973 Dustin M Evans 1,560.00 Refund permit fee for withdrawn application 250 Main St. 131786 13586 Famcon Pipe & Supply Inc. 688.53 Distribution Maintenance 131787 11868 FGL Environmental 615.00 Organic Analysis Sample Date 8/8/24 131788 14532 Emily France 533.26 Reimb: Hotel/Parking Springbrook Activate 10/28-10/30/24 131789 11016 Gardensoft 251.80 Waterwise website license 12/10/24-12/10/25 131790 14097 Julia Goodman 606.44 Reimb:Hotel/Parking/Ride Share-CalPERS Educ Forum 10/27-10/30/24 131791 12030 Grainger, Inc. 54.03 Pipe Plug Wing Nut
131792 14619 Brian Hanson 466.00 M&IE: Field Sobriety Test Course 12/1-12/6/24 131793 14967 Hawkins-Prosperity, LLC 6,880.00 Ceramic Coating of New E64 131794 10377 Hdl, Coren & Cone 2,687.02 Property Tax Consulting & Audit Information Oct - Dec 2024 131795 14043 Health & Human Resource Center, Inc. 159.80 Employee Assistance Program December 2024 131796 13276 InfoSend, Inc. 2,455.42 Processing-Printing-Mailing Utility Bills & Pismo Voice Oct 20 131797 14660 Interwest Consulting Group 21,170.00 Plan Review & Inspection of a Public Safety Facility - Oct 2024 131798 13385 IPS Group, Inc. 2,754.67 IPS Transaction Fees - Oct 2024 131799 13926 Jack Handley Construction Services 2,925.75 City Hall Storefront Doors - Final Invoice 131800 14881 Jim Shorkey 1 White Oak, LLC 224,940.00 2024 Ford F-150 Responder - PD245, PD246, PD247, PD248 131801 12525 JJ Fisher Construction 100,821.60 James Way Beautification Aug-Sept 2024 131802 10474 Joseph Wolosz 7,000.00 Wolosz Parking Lot Lease - December 2024 131803 14277 Kyle Laughlin 466.00 M&IE: Field Sobriety Test Course 12/1-12/6/24 City of Pismo Beach
Final Disbursement List Check Date 11/22/2024
US BANK
Council Agenda 12-17-2024 9.B-4
Attachment 2
Packet Page 48
ACH/ Vendor Check
Check# Number Payee Amount Description
City of Pismo Beach
Final Disbursement List Check Date 11/22/2024
US BANK
131804 12096 Lee Wilson Electric Co Inc 345.00 Signal Light Maintenance - September 2024 131805 11586 Liebert, Cassidy & Whitmore 10,396.50 Legal Services - September 2024 131806 10175 Life-Assist, Inc. 381.30 Medical supplies
131807 14401 Barbara L. Maraist 933.34 900 Bello Lease - December 2024 131808 13361 Marborg Industries Santa Barbara 311.81 PB Parking Lot 10/14/2024-11/10/2024 life guards 131809 10544 Jessica Marsalek 75.71 Mileage: Fall Forum 11/15/2024 131810 14674 McGrath Rentcorp 4,269.53 3 Temporary Trailers 330 Main St. - Lease 10/31/24-11/29/24 131811 10097 Miners Hardware 713.67 Maintenance Supplies 131812 14971 Emma Neath 75.71 Mileage: Fall Forum 11/15/24 131813 14878 Nevada State Treasurer 2.00 Tax Withholding Order Fee - PD 11/22/24 131814 14887 Nixon-Egli Equipment Co. of Southern CA, Inc. 245,424.13 Dulvo D3 Street Sweeper 131815 14343 ODP Business Solutions, LLC 345.26 Office Supplies 131816 14813 Olympus and Associates, Inc 80,370.00 Toucan Terrace Pipeline Recoating - Oct 2024 131817 13197 Pioneer Americas, LLC 10728 11,297.86 Sodium Hypochlorite 131818 10633 Pismo Beach Athletic Club Inc 825.00 PBAC Dues collected for November 2024 131819 14484 Plumbers Depot Inc. 20.90 Maintenance Supplies 131820 12022 Pismo Beach Police Officer's Association 1,378.96 POA Dues PD 11/22/24 131821 14403 Betty J. Pratt 933.33 900 Bello Lease - December 2024 131822 14701 Pre Con Industries 3,229.74 Parking Annex - Oct 2024 131823 14740 Premier Supply, LLC 301.70 Parks Supplies
131824 12335 Procare Janitorial Supply Inc 1,213.93 Janitorial Supplies 131825 13327 Steve Reinwald 1,041.12 Reimb Hotel & Parking: CALBO 10/27-10/31/24 131826 14505 Rosy Rodriguez 75.71 Mileage: Fall Forum 11/15/24 131827 11796 San Luis Powerhouse, Inc. 605.40 WWTP Generator 131828 13994 SBRK Finance Holdings, Inc. 608.50 CivicPay IVR Transaction Fees Oct 2024 131829 14877 SCaDU 230.76 Tax Withholding Order - PD 11/22/24 131830 14557 Securitas Technology Corporation 2,265.02 Security Maintenance Panic Buttons 131831 10093 SLO County Auditor-Controller 12,300.00 Phoenix Parking Surcharges - September 2024 131832 12570 SLO Roasted Coffee 154.00 Coffee Shell Beach Station 63 131833 14817 Christopher Staley 2,297.75 Pre-Employment Background Check 131834 12290 State Of California- EDD 2,238.00 Unemployment Insurance 3 Qtr 2024 131835 10025 State Water Resources Control Board 14,580.00 Central Coast Blue Recycled Water Review 7/1/23-6/30/24 131836 12306 State Water Resources Control Board 80.00 Grade D2 Cert fee 131837 13467 Sunrun 452.26 Refund for cancellation of permit B23-000559 131838 14972 Katherine A Taylor 300.00 Clam Painting: Pismo Coast Village November 131839 12629 Tetra Tech Inc 5,745.00 Map Checking Services 131840 11032 The Cliffs 8,350.79 Holiday Party 1/10/2025 131841 12321 The Gas Company 357.78 Gas Service 10/15/24 - 11/14/24 131842 14440 The Top Shop 344.81 Uniforms
131843 12461 TJA Advertising 158,113.21 CVB & LBID Advertising and Promotion - Sept 2024 131844 14821 Traffic Management Products Inc 67.44 Street Signs 131845 12982 Ultrex Business Products 1,819.03 Monthly Copier Usage - Oct 2024 131846 14488 VBP Operating Co., LLC 300.00 Clam Chowder Cook-Off Participation 131847 14034 Vital Records Holdings, LLC 190.78 Document Storage Nov 2024 131848 12263 Westech Engineering Inc 8,065.22 Parts for the WWTP Clarifier 131849 12132 White Flag Pest Control Inc 65.00 Pest Control - Police Annex 11/12/2024 131850 13490 WIP, Inc.-PBR Enterprises 2,177.55 Wireless Conference Unit & Microphone 131851 14970 Kyle Anthony Wright 10,024.04 Claim settlement agreement 131852 13841 Rocky Allen 105.00 M&IE: PAPA Test Prep 12/2-12/3/24 131853 13438 Francisco Fuerte 105.00 M&IE: PAPA Test Prep 12/2-12/3/24 131854 11828 Gordon Jackson 172.00 M&IE: CA Lodging Expo & Conference 12/8-12/10/24 131855 13040 Noah Kennedy 105.00 M&IE: PAPA Test Prep 12/2-12/3/24 131856 14099 Jeffrey Smith 210.00 M&IE: Cal Cities Conference/Board Meeting 12/4-6/24 Total: 1,800,377.13$
Council Agenda 12-17-2024 9.B-5
Attachment 2
Packet Page 49
ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10371 Visit SLO County 167,469.46$ TMD Payments Sept 2024 ACH 14257 Igoe Administrative Services 4,329.32 IGOE FSA & DDS Reimbursement and Medical and/or Dependent Care FS Monthly Participation Fee - Nov 2024
ACH 10002 Internal Revenue Service 2,266.10 Federal Income Tax PD 11/27/2024 ACH 12305 Franchise Tax Board 419.18 State Income Tax & SDI - PD 11/27/24 131857 10434 Abalone Coast Analytical Inc 144.00 Water Analysis 131858 14874 Advance Stores Company, Incorporated 165.70 Vehicle Maintenance 131859 14932 Applied Concepts, Inc. 7,393.55 Radar Units (2) - PD Motorcycles 131860 13460 AT&T Mobility 287284035974 1,180.80 Monthly Phone Service - October 2024 131861 14363 AT&T Mobility 287314925891 127.82 iPad Tablet Service - Oct 2024 131862 UB*01141 STEPHANIE BRENNER (T) 96.92 Refund Check 019303-000, 509 SAN LUIS 131863 14476 Burt Industrial Supply, Inc 143.67 Maintenance Supplies 131864 14976 City of Paso Robles 3,065.00 SLO County EMS Alliance Project 131865 UB*01140 JAYNE COHEN 180.00 Refund Check 019621-000, 116 BEACHCOMBER 131866 12156 County Of San Luis Obispo 2,272.00 Well #23 Annual Invoice 1/1/25 - 12/31/25 & Annual Tank Permit/Hazmat 2025 - WWTP
131867 14202 Crisp Imaging 268.14 Print Safety Facility Plans - 2 sets 131868 14313 Culligan/Santa Maria 177.83 Drinking Water Oct 2024 131869 14217 Deltina Coffee Roasters 62.50 Coffee
131870 UB*01138 ZACHARY & LINDSAY DOERNER (T) 74.41 Refund Check 019387-000, 756 SHAMROCK 131871 10574 Environmental Resource Assoc. 652.17 Lab
131872 11868 FGL Environmental 1,230.00 Water Analysis
131873 13926 Jack Handley Construction Services 3,306.08 Ramp - 330 Main 131874 UB*01139 NICK REGALIA KATIE KNAUPP (T) 49.68 Refund Check 019196-000, 747 VISTA PACIFICA 131875 11833 Keylock Security Specialists 2,928.55 Facilities Maintenance 131876 10656 LN Curtis & Sons 78.94 Equipment for New Fire Engine 131877 10097 Miners Hardware 519.79 Maintenance Supplies 131878 11172 Mullahey Ford 356.39 Vehicle Maintenance
131879 10039 New Times 173.00 Public Hearing Notice CDBG CC 11/21/24 131880 11551 Pismo Beach Chamber Of Commerce 750.00 Christmas by the Sea 2024 Sponsorships 131881 14974 Pismo Terrace LP 173.00 TEFRA Hearing Notice Refund 131882 12335 Procare Janitorial Supply Inc 1,726.78 Janitorial Supplies 131883 14975 Llolaine Ross 1,500.00 Release Bond for Encroachment Permit 131884 11266 San Luis Auto Parts Inc 19.12 Vehicle Maintenance 131885 12108 Santa Maria Tire, Inc. 181.37 Vehicle Maintenance 131886 13913 Silvas Oil Co., Inc 7,633.11 Gas and Diesel Delivery 10/31/2024 131887 10913 Siteone Landscape Supply LLC 180.37 Landscape Maintenance 131888 12570 SLO Roasted Coffee 58.50 Coffee
131889 13530 TCA Tools Inc 385.75 Maintenance Supplies
131890 UB*01142 THE J.F WILL COMPANY, INC. 402.58 Refund Check 019631-000, 100 FIVE CITIES HYD 131891 14639 TimeClock Plus, LLC 1,199.00 E-Timesheet Project Development 11/20/2024 131892 12198 USLA Membership 90.00 USLA Annual Dues - Additional 2024 131893 12132 White Flag Pest Control Inc 911.00 Pest Control Total: 214,341.58$
City of Pismo Beach
US BANK
Final Disbursement List Check Date 11/29/2024
Council Agenda 12-17-2024 9.B-6
Attachment 2
Packet Page 50
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.C
Meeting Date: December 17, 2024
TITLE:
Notice of Completion for the Toucan Terrace Pipeline Recoating Project RECOMMENDATION:
1. Accept the Toucan Terrace Pipeline Recoating Project as complete;
2. Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the project.
DISCUSSION:
On March 19, 2024 City Council awarded a contract to Olympus and Associates, Inc. (Olympus) for the Toucan Terrace Pipeline Recoating project. The project consisted of rehabilitation of the existing coatings of the aboveground portion of the City’s existing sewer trestle located across the Toucan Terrace HOA open space property.
Conclusion and Recommendation
Olympus has completed the contracted services, and the Toucan Terrace Pipeline Recoating Project has been completed in accordance with the plans, specifications, and contract documents. Staff recommends that the City Council accept the project as complete and authorize the Notice of Completion (Attachment 1) to be recorded at the County Clerk’s office.
FISCAL IMPACT:
There is no direct fiscal impact associated with this report.
ATTACHMENTS:
1. Notice of Completion
Prepared by:
Erin Olsen, Senior Management Analyst
Submitted by: Mike James, Assistant City Manager/Acting Director of Public Works City Manager Approval:
9.C-1Council Agenda 12-17-2024
Packet Page 51
RECORDING REQUESTED BY:
WHEN RECORDED, RETURN TO:
CITY CLERK
CITY OF PISMO BEACH
760 MATTIE ROAD
PISMO BEACH, CA 93449
NO TRANSFERORS
This document is recorded for the benefit of the City of Pismo Beach, a Municipal Corporation, and is exempt from fee per Government Code Section 27383.
NOTICE OF COMPLETION AND ACCEPTANCE
FOR THE TOUCAN TERRACE PIPELINE RECOATING PROJECT
NOTICE IS HEREBY GIVEN by the City of Pismo Beach in the County of San Luis Obispo, State of California, as follows:
1. That on the 17
th of December 2024, the project hereunder described was considered completed and accepted by the City Council of the City of Pismo Beach.
2. That the description of said project is the construction of Toucan Terrace Pipeline Recoating, for the City of Pismo Beach.
3. That the name of the political subdivision controlling said project, and the owner of the land upon which the project was constructed, is the City of Pismo Beach, in the County of San Luis Obispo, State of California, whose address is 760 Mattie Road, Pismo Beach, CA 93449.
4. That the name of the owner/contractor on said project is Olympus and Associates, Inc., PO Box 8015, Reno, NV 89507.
5. The name of the Surety on the project is Great American Insurance Company, 301 E Fourth Street, Cincinnati, OH 45202.
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Date:
Jorge E. Garcia, City Manager
Attest:
Erica Inderlied, City Clerk
9.C-2Council Agenda 12-17-2024
Attachment 1
Packet Page 52
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D
Meeting Date: December 17, 2024
TITLE:
California Department of Tax and Fee Administration Resolutions to Implement Transactions and Use Tax Measure F-24, Effective April 1, 2025 RECOMMENDATION:
1. Adopt a Resolution authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration for implementation of a transactions and use tax.
2. Adopt a Resolution authorizing the examination transactions and use tax records.
DISCUSSION:
On June 6, 2024, the City Council adopted Resolution R-2024-040 directing the placement of the Pismo Beach Essential Services Measure, also known as Measure F- 24, for a local transactions and use tax, on the November 5, 2024 ballot. Measure F-24 sought voter approval to renew a half-cent (½ ¢) transactions and use (sales) tax passed by Pismo Beach voters in 2014, as well as an additional half-cent (½ ¢) transactions and use tax. This local transactions and use tax is a 1% tax that will become effective April 1, 2025 and expire on March 31, 2037.
On November 5, 2024, the voters passed Measure F-24 with a 62.53% majority. As part of implementing the Measure, the California Department of Tax and Fee Administration (CDTFA, or Department) requires that the local jurisdiction provide several documents to enable the Department’s role in administering and collecting the transactions and use taxes for the City. The Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes. The Department requires that the City Council authorize a signatory for the agreements. In addition, the Department requires a resolution authorizing the City’s sales tax auditor to examine sales or transactions and use tax records.
In addition to these resolutions, the Department has requested several other documents that are due to the Department by December 27, 2024. These include:
x Preparatory Agreement
x Administration Agreements
x Transaction and Use Tax Ordinance
x Certification of Final Election Results
x Contact form for all communications
x Designation letter
x Contact form for notification and appeals
Council Agenda 12-17-2024 9.D-1
Packet Page 53
x EFT authorization agreement and voided check
x Media and registration request form
Conclusion and Recommendation
Staff recommends that the Council:
1. Adopt a Resolution (Attachment 1) authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration for implementation of a local transactions and use tax.
2. Adopt a Resolution (Attachment 2) authorizing the examination of sales or transactions and use tax records.
FISCAL IMPACT:
There is no direct fiscal impact of approving the two subject resolutions. Implementing the Measure will result in the City receiving approximately $4.0 million in transaction and use tax revenues effective April 1, 2025 for 12 years, offset by collection fees of the California Department of Tax and Fee Administration.
ATTACHMENTS:
1. Resolution authorizing the City Manager to execute agreements with CDTFA
1.A: Exhibit A to Resolution: Preparatory Agreement
1.B: Exhibit B to Resolution: Administrative Agreement
2. Resolution authorizing the examination of sales or transactions and use tax records
Submitted by: Nadia Feeser, Administrative Services Director City Manager Approval:
Council Agenda 12-17-2024 9.D-2
Packet Page 54
RESOLUTION NO. R-2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE
ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND
USE TAX
WHEREAS, on June 4, 2024, the City Council adopted, and November 5, 2024, the voters did approve, Ordinance No. O-2024-003, a ballot measure amending the City Municipal Code and providing for a local transactions and use tax; and WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes; and WHEREAS, the Department requires that the City Council authorize the agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach that the “Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement” attached as Exhibit B are hereby approved and the City Manager is hereby authorized to execute each agreement.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 17th day of December 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 12-17-2024 9.D-3
Attachment 1
Packet Page 55
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 12-17-2024 9.D-4
Attachment 1
Packet Page 56
(Rev. 07/24)1
AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Pismo Beach, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows:
1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.
2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.
3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.
5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance. City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.
6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.) (Rev. 07/24)2
7. Communications and notices may be sent by first class United States mail or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail. Communications and notices to be sent to the Department shall be addressed to:
California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
Attention: Administrative Services Director/City Treasurer
8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.
CITY OF PISMO BEACH CALIFORNIA STATE DEPARTMENT OF
TAX AND FEE ADMINISTRATION
By By
Jorge E. Garcia Administrator
City Manager Local Revenue Branch
Date: _______________________________ Date: _______________________________ Council Agenda 12-17-2024 9.D-5
Attachment 1.A
Packet Page 57
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Pismo Beach has adopted, and the voters of the City of Pismo Beach (hereafter called “City” or “District”) have approved by the required majority vote, City of Pismo Beach Transactions and Use Tax Ordinance O-2024-003 (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the “Department”) and the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:
1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation Code Section 7285.9, and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No. O-2024-003, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance. (Rev. 7/24)2
B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.
C. Transmittal of money.
1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed limits or by final judgment of any court of the State of California holding that City’s Ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.
3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.
D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear.
Council Agenda 12-17-2024 9.D-6
Attachment 1.B
Packet Page 58
(Rev. 7/24) 3
F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears.
The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.
G. Records of the Department. When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City.
Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.
H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.
ARTICLE III
ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:
1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion (Rev. 7/24) 4
of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.
2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies.
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail.
Council Agenda 12-17-2024 9.D-7
Attachment 1.B
Packet Page 59
(Rev. 7/24)5
Communications and notices to be sent to the Department shall be addressed to:
California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
Attention: Administrative Services Director
Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.
B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on April 1, 2025. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.
C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal. (Rev. 7/24)6
ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.
1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid.
2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable.
B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.
2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.
3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.
4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing Council Agenda 12-17-2024 9.D-8
Attachment 1.B
Packet Page 60
(Rev. 7/24)7
the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.
5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.
7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.
CITY OF PISMO BEACH CALIFORNIA STATE DEPARTMENT OF
TAX AND FEE ADMINISTRATION
By By
Jorge E. Garcia Administrator
City Manager Local Revenue Branch
Date: _______________________________ Date: _______________________________ Council Agenda 12-17-2024 9.D-9
Attachment 1.B
Packet Page 61
RESOLUTION NO. R-2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND
USE TAX RECORDS
WHEREAS, pursuant to Ordinance Number O-324, the City of Pismo Beach entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and
WHEREAS, pursuant to Ordinance Numbers O-2008-002, O-2014-008, and O-2024-003, Revenue and Taxation Code section 7270, the City entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the City Council of the City of Pismo Beach deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the Department for the City pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach as follows:
Section 1. That the City Manager, Administrative Services Director, and Finance Manager, or other officer or employee of the City designated in writing by the Administrative Services Director to the California Department of Tax and Fee Administration are hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.
Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to that contract.
Attachment 2
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Section 3. That Hinderliter, de Llamas and Associates a California Corporation (HdL) is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and Hinderliter, de Llamas and Associates:
a) has an existing contract with the City to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information;
c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.
BE IT FURTHER RESOLVED by City Council of the City of Pismo Beach hereby that the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to the contract between the City and the Department.
Section 4. That this resolution supersedes all prior resolutions of the City Council of the City of Pismo Beach adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 17th day of December 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Inderlied, City Clerk
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.B
Meeting Date: December 17, 2024
TITLE:
2025 Federal Legislative Agenda
RECOMMENDATION:
Approve the 2025 Federal Legislative Agenda.
DISCUSSION:
Thorn Run Partners currently provides the City with grant writing and legislative advocacy services at the federal level. As part of its services, Thorn Run has formulated the City's Federal Legislative Agendas for several years and provided focused and effective grant writing and legislative advocacy services in accordance therewith. Thorn Run has been very successful in helping to obtain funds for various City priorities and acting as a liaison to federal legislators with respect to complex issues.
2025 Legislative Agenda
Thorn Run has proposed a Federal Legislative Agenda for 2025, provided as Attachment
1. The legislative agenda serves as the City's official policy document for interacting with federal officials and for taking positions on legislation. At this meeting, Greg Burns of Thorn Run will review the proposed 2025 Legislative Agenda and provide an overview of current activity at the federal level.
Conclusion and Recommendation
Staff recommends that the Council approve the City’s 2025 Federal Legislative Agenda (Attachment 1).
FISCAL IMPACT:
There is no fiscal impact associated with this action.
ATTACHMENTS:
1. 2025 Federal Legislative Agenda
Submitted by: Mike James, Assistant City Manager$FWLQJ'LUHFWRURI3XEOLF:RUNV City Manager Approval:
Council Agenda 12-17-2024 12.B-1
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Cityȱ ofȱPismoȱ Beach,ȱCaliforniaȱ
2025ȱFederalȱLegislativeȱAgenda
Council Agenda 12-17-2024 12.B-2
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Prepared by Thorn Run Partners for the
Pismo Beach City Council
Mayor Ed Waage
Mayor Pro Tempore Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Jorge Garcia, City Manager
Questions regarding the information in this book may be directed to:
Greg Burns Jorge Garcia
(202) 849-8523 (805) 773-7007
December 2024
Council Agenda 12-17-2024 12.B-3
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City of Pismo Beach
2025 Federal Legislative Agenda
Water Resources and Infrastructure
Central Coast Blue & Infrastructure
Support continued full funding the Bureau of Reclamation’s Title XVI Program. Support City efforts to secure federal funding for the Central Coast Blue project as well as other infrastructure projects while federal agencies implement the Bipartisan Infrastructure Law.
Defense Issues
Vandenberg Space Force Base
Support federal investment in Vandenberg Space Force Base to enhance the nation’s national security and provide economic benefits to the greater northern Santa Barbara and southern San Luis Obispo community.
Public Safety
Emergency Services Support and Wildfire and the Wildland Urban Interface Support funding for important public safety and wildfire and the wildland urban interface grants.
Support any City of Pismo Beach applications for these funds.
Energy & Environment
Energy Issues
Support the continued operation of the Diablo Canyon Nuclear Power Plant. Monitor the development of offshore wind energy off the coast of California. Oppose the expansion of offshore oil and gas exploration in California’s federal waters.
Land and Water Conservation Fund; Open Space Opportunities & Park Amenities Support the state conservation grant program of the Land and Water Conservation Fund, which would provide opportunities for the City of Pismo Beach for acquisition or land preservation improvement opportunities.
Endangered Species Act Issues; Designation of Critical Habitat for the Monarch Butterfly Monitor the classification of the monarch butterfly as a threatened species and the subsequent designation of critical habitat for the species.
Social Services
Community Development Block Grant Program
Support adequate funding for the Community Development Block Grant program for future fiscal years.
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FEDERAL ISSUE: Central Coast Blue & Infrastructure
BACKGROUND: To respond to increasingly frequent drought concerns, the City of Pismo Beach created Central Coast Blue, a recycled water project to boost the region’s water supply and relieve concerns related to groundwater overdraft. The project would allow the region to take an effluent stream that is otherwise pumped into the ocean and put it through an advanced filtration process and then inject it into the groundwater basin, thereby helping to provide a sustainable source of water for the region. Not only would the recycled water augment the natural ground water supplies, it would also create a saltwater intrusion barrier to help prevent saltwater intrusion into the basin. Once complete, the project could recycle up to 900 acre-feet of water per year and up to an additional 3,530 acre-feet per year should additional phases be completed.
To capture federal funding for the project, the City of Pismo Beach submitted a feasibility study to the Bureau of Reclamation’s Title XVI WIIN Act Program that was approved in 2018. Since then, the City was awarded $796,094 in FY 2018, $1.7 million in FY 2021, and $14,124,000 in FY 2022 from the Bureau’s Title XVI program for Central Coast Blue. The City may seek additional funding to reach the maximum 25 percent federal contribution (the cap for which was recently increased to $40 million per project). The project has also received state funding from California and $36 million in financing from the EPA’s WIFIA loan program.
However, increases in project costs, an unexpected loss of state grant funding, and improvements in local water supply conditions have prompted leaders to pause Project design and permitting until the impacts of these recent developments can be evaluated. The City of Pismo Beach still owns many of the assets of Central Coast Blue and may decide to proceed with a version of the project at some point in the future.
Meanwhile, implementation of the Bipartisan Infrastructure Law continues, with the City having successfully competed for a Safe Streets for All grant for $160,000 to help develop a Vision Zero Action Plan. The funding will play a critical role in advancing the City’s Action Plan, aimed at eliminating roadway fatalities and serious injuries. Ensuring the safety of all who use our roads—whether driving, biking, or walking—is a top priority, and this grant will enable the City to take meaningful steps toward a safer, more connected community.
POSITION: Support continued full funding of the Bureau of Reclamation’s Title XVI Program. Support City efforts to secure federal funding for the Central Coast Blue project as well as other infrastructure projects while federal agencies implement the Bipartisan Infrastructure Law.
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FEDERAL ISSUE: Vandenberg Space Force Base
BACKGROUND: Federal support for Vandenberg Space Force Base (VSFB), located in California, is a key aspect of U.S. national security and space exploration initiatives. Vandenberg has historically been vital for satellite launches, missile testing, and supporting military and civilian space missions. In recent years, the federal government has continued to provide substantial support to the base, both in terms of funding and infrastructure development, due to its growing importance in national defense and commercial space activities.
The federal investment in Vandenberg’s expansion and mission diversity provides significant economic benefits to the Santa Barbara/San Luis Obispo County regions. The increased demand for space missions and associated infrastructure creates jobs and drives economic activity in the region.
Vandenberg Space Force Base receives significant funding through annual defense budgets. These funds are typically allocated for base maintenance, facility upgrades, and support for military and space-related missions. The budget also supports the modernization of facilities, particularly those related to launch and tracking operations, to ensure the base can handle the increasing demand for space missions.
Recently, the federal government has invested heavily in modernizing Vandenberg's infrastructure. This includes the construction of new launch facilities, expanded control centers, and improved logistical support systems. These upgrades enable VSFB to support both national defense missions and the growing commercial space sector.
As the U.S. Space Force continues to grow, Vandenberg’s role becomes even more crucial. The establishment of Space Force as a separate branch of the military (in 2019) has also led to increased federal funding for base operations and expansion. The Space Force’s mission to enhance and protect space-based capabilities has translated into a focus on developing more robust space infrastructure at Vandenberg, including defense systems for monitoring and protecting U.S. assets in space.
Federal support for Vandenberg Space Force Base is comprehensive, spanning military, commercial, scientific, and environmental sectors. The base’s growing role in national defense, space exploration, and commercial satellite launches ensures continued investment and infrastructure development, strengthening its position as a key asset for the U.S. government’s space ambitions.
POSITION: Support federal investment in Vandenberg Space Force Base to enhance the nation’s national security and provide economic benefits to the greater northern Santa Barbara and southern San Luis Obispo community.
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FEDERAL ISSUE: Emergency Services Support and Wildfire and the Wildland Urban Interface
BACKGROUND:
Emergency Services Support -- Firefighters
The Federal Emergency Management Agency (FEMA) routinely makes funds available to local governments via competitive grant solicitations. The two primary FEMA programs that provide financial support for local fire rescue and emergency services are the Staffing for Adequate Fire & Emergency Response Grants (SAFER) and the Assistance to Firefighters Grants (AFG). The City of Pismo Beach may compete for these types of funds.
The primary goal of the AFG program is to meet the firefighting and emergency response needs of fire departments and nonaffiliated emergency medical service organizations by helping them to obtain critically needed equipment, protective gear, emergency vehicles, training, and other resources required to protect the public and emergency personnel from fire related hazards.
Meanwhile, the SAFER program was created to provide funding directly to fire departments and volunteer firefighter interest organizations to help them increase or maintain the number of trained, “front line” firefighters available to their communities. The goal of SAFER is to enhance the local fire departments’ abilities to comply with staffing, response, and operational standards established by the National Fire Protection Association (NFPA).
Recently, these fire safety programs have been funded with relatively healthy amounts by Congress; such funding may continue.
Emergency Services Support – Police
Local police departments in the United States receive funding from a variety of federal sources, typically through grants and programs administered by different federal agencies. These federal resources are often aimed at supporting law enforcement operations, enhancing public safety, or addressing specific issues like community policing, crime prevention, or technology improvements.
The programs most relevant to the City of Pismo Beach may be some of those offered by the Department of Justice, including:
x Edward Byrne Memorial Justice Assistance Grant (JAG) Program: This is one of the largest sources of federal funding for local law enforcement. It provides flexible funding that can be used for a variety of purposes, such as crime prevention, law enforcement programs, and equipment.
While the City does not receive a direct allocation due to its size, the City and County of San Luis Obispo both do and could opt to share funding.
x Community Oriented Policing Services (COPS) Office: COPS offers various competitive grants to local police departments to support community policing initiatives, improve public safety, and enhance police-community relations.
x COPS Hiring Program (CHP): A specific competitive program under the COPS Office that funds the hiring of new officers or retaining existing officers to increase community policing efforts.
Given the election of President Trump, it is possible that funding for public safety agencies from the federal government could increase, thereby offering the City opportunities to secure funding from the for fire initiatives or policing. Trump could also propose or support new legislation that allocates more Council Agenda 12-17-2024 12.B-7
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federal funds to local law enforcement and emergency services, particularly through grants or specific programs aimed at improving public safety infrastructure. The President may also push for increased collaboration between federal, state, and local governments to ensure that funding for public safety is prioritized, potentially encouraging matching funds or targeted grants for local departments.
Wildfire and the Wildland Urban Interface
Pismo Beach has a major risk of wildfire over the next 30 years. 99% of properties in Pismo Beach are at risk of being affected by a wildfire, and wildfires can cause significant damage to properties and infrastructure. In addition to damaging properties, wildfire can also cut off access to utilities, emergency services, impact evacuation routes, and may impact the overall economic well-being of an area.
As recently as November 2024, four acres of the Pismo Preserve burned. Over the past several years, major fires in the region have proved threatening to the City, highlighting the need for better planning and fire prevention.
Meanwhile, the federal government offers some resources to help address these issues. For example, the U.S. Forest Service offers the Community Wildfire Defense Grants program, whereby they will offer a total of $200 million to assist local communities at risk of wildfire damage with planning or implementation projects to mitigate wildfire damage.
The Forest Service will provide funding to at-risk communities in areas identified as having a high risk of being damaged by wildfires. This opportunity may be a good way to develop a Community Wildfire Protection Plan if one does not already exist. The grant emphasizes funding for the most at-risk communities, so the City’s high risk would likely make an application more competitive.
POSITION: Support funding for important public safety and wildfire and the wildland urban interface grants. Support any City of Pismo Beach applications for these funds.
FEDERAL ISSUE: Energy Issues
BACKGROUND:
Diablo Canyon Nuclear Power Plant
The Diablo Canyon Nuclear Power Plant was planned to close in 2025 under a 2016 agreement1 between Pacific Gas and Electric (PG&E), then-Governor Jerry Brown, labor unions representing plant workers, and environmentalists who objected to the plant's location near an earthquake fault line, the potential for dangerous accidents and the problem of what to do with radioactive waste. More recently, Governor Newsom and the California legislature extended the plant's life span to 20302 to stave off blackouts while the state pursues its goal of a carbon-free grid by 2045. In November 2023, PG&E officially requested federal permission from the Nuclear Regulatory Commission (NRC) to keep the Diablo Canyon plant open for 20 more years. The NRC’s evaluation of the request may take years to complete and will include opportunities for public comment.
1 https://subscriber.politicopro.com/article/eenews/2016/12/09/anti-nuclear-movement-set-its-sight-on-calif- closures-066637
2 https://subscriber.politicopro.com/article/2022/09/newsom-signs-california-nuclear-power-plant-extension-into- law-00054758
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Meanwhile, in 2024, the Civil Nuclear Credit Program funded by the Inflation Reduction Act finalized terms for $1.1 billion in credit payments to PG&E. The credits are slated to be paid in installments for a four-year period of performance from 2023 through 2026, with the amount of the annual payment to be adjusted based on a number of factors, including actual costs incurred to extend the operation of the Diablo Canyon Power Plant.
Offshore Wind Development
In 2021, BOEM announced the designation of the Morro Bay Wind Energy Area (WEA). The Morro Bay WEA is located approximately 20 miles offshore the central California coastline and comprises approximately 240,898 acres (376 square miles).
Then, in 2022, BOEM announced results from their wind energy auction for five leases offshore California, drawing competitive high bids from 5 companies covering 373,268 total acres off central and northern California. BOEM claims the leased areas have the potential to produce over 4.6 gigawatts of offshore wind energy, enough to power over 1.5 million homes.
In 2023, the U.S. Bureau of Ocean Energy Management (BOEM) officially approved two offshore wind lease areas off the coast of Morro Bay. These areas are part of the broader plan to create a California Offshore Wind Energy Area, designated to help the state meet its ambitious renewable energy goals. The two leases, totaling over 300,000 acres, could generate up to 4.6 gigawatts of offshore wind power, enough to provide energy for around 1.5 million homes. The first round of projects in the Morro Bay area could see wind turbines starting to be built by 2026-2027, with full operational capacity expected to come online by the early 2030s. The Morro Bay WEA is planned to be located approximately 20 miles off the coast of central California.
Oil & Gas Exploration
For many years, the federal government has developed five-year Outer Continental Shelf (OCS) Oil and Gas Leasing programs to guide energy exploration activities in federal waters. The last two OCS Oil and Gas Leasing programs for 2012-2022 do not include new oil or gas leasing sales off the coasts of California, Oregon, and Washington. This was due in part to consistent efforts by the governors of the states to express opposition to oil and gas development off the coast of their states.
However, in 2018, the Bureau of Ocean Energy Management (BOEM) released a draft proposed program (DPP) for the National Outer Continental Shelf Oil and Gas Leasing Program for 2019-2024. The DPP included 47 potential lease sales in 25 of the 26 planning areas, including the Pacific Coast, regardless of previous efforts to keep certain areas free from drilling. The City commented in opposition to the DPP, particularly in opposition to the two leases in the Southern California region, which includes the water off the shores of Pismo Beach.
Most recently in late 2023, BOEM released a new plan for 2024-2029 which included three lease sales in the Gulf of Mexico, but none off the west coast of the U.S. Incoming Administration’s may seek to make changes to this or future Oil and Gas Leasing programs.
POSITION: Support the continued operation of the Diablo Canyon Nuclear Power Plant. Monitor the development of offshore wind energy off the coast of California. Oppose the expansion of offshore oil and gas exploration in California’s federal waters.
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FEDERAL ISSUE: Land and Water Conservation Fund; Open Space Opportunities & Park Amenities BACKGROUND: The Land and Water Conservation Fund Act of 1965 was enacted to help preserve, develop, and assure access to outdoor recreation facilities for our nation. The law created the Land and Water Conservation Fund (LWCF) in the U.S. Treasury as a funding source to implement outdoor recreation goals.
The LWCF has been the principal source of monies for land acquisition for outdoor recreation by four federal agencies—the National Park Service, Bureau of Land Management, Fish and Wildlife Service, and Forest Service. The LWCF also funds a matching grant program via the National Park Service to assist states (and local governments as sub-recipients) in acquiring recreational lands and developing outdoor recreational facilities. A portion of the appropriation is divided equally among the states, with the remainder apportioned based on need, as determined by the Secretary of the Interior. The states award their grant money through a competitive selection process based on statewide recreation plans, as well as establish their own priorities and criteria. This state program could offer opportunities for the City of Pismo Beach to either purchase open space opportunities or for additional public park amenities.
The LWCF is authorized at $900 million annually. The Great American Outdoors Act, which became law in 2020, mandates that the LWCF will receive its authorized funding with 40 percent, or $360 million, allocated annually to the state grant program. Given relatively recent funding of between $100 and $125 million to the program from Congress for the past several years, this is basically a tripling of the funding and should increase the monies available to California from about $11 million to at least $33 million, thereby increasing the City’s future opportunities.
Apart from mandatory funding for the LWCF, the Great American Outdoors Act also creates a National Parks and Public Land Legacy Restoration Fund that will be funded by up to $1.9 billion per year for the next five years to help restore maintenance backlogs on National Park Service and other federal lands.
POSITION: Support the state conservation grant program of the Land and Water Conservation Fund, which provides opportunities for the City of Pismo Beach for acquisition or land preservation improvement opportunities.
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FEDERAL ISSUE: Endangered Species Act Issues; Designation of Critical Habitat for the Monarch Butterfly
BACKGROUND: The City of Pismo Beach is well-known as a home to a large, seasonal monarch butterfly population from November through February. In 2014, the U.S. Fish and Wildlife Service (USFWS) received a petition to list the monarch butterfly as an endangered species.
In December 2024, the USFWS proposed listing the monarch butterfly as a threatened species under the Endangered Species Act, determining that the monarch requires federal protections — albeit with some management flexibility that has yet to be fully defined, but with a designated critical habitat that includes portions of the City of Pismo Beach and 4,395 acres in coastal California.
Critical habitat is a specific geographic area(s) that contains features essential for the conservation of a threatened or endangered species and that may require special management and protection. Federal agencies are required to consult with the USFWS on actions they carry out, fund, or authorize to ensure that their actions will not destroy or adversely modify critical habitat. According to the USFWS, a critical habitat designation generally has no effect on situations that do not involve a federal agency—for example, a private landowner undertaking a project that involves no federal funding or permit.
The listing proposal specifies some 4(d) exemptions, including injuring or killing monarchs due to vehicle strikes and the nonlethal collection for possession or research of 250 or fewer monarchs per year. When it comes to more potentially controversial exemptions, such as for wind farms, infrastructure projects or pesticide use, USFWS didn't come to any final conclusions but is asking for public input.
Next steps on this proposed listing will be implemented by the incoming Trump administration.
Comments on the listing will be received until mid-March.
An unofficial count of the butterfly population in 2023 shows there were more than 233,000 monarchs at western overwintering sites, much higher than the official count of only about 2,000 three years before.
While this remains down from the millions of Western monarch butterflies that are thought to have existed in the past, it remains a positive sign.
Meanwhile, the International Union for Conservation of Nature (IUCN) has decided North America’s monarch butterfly is not “endangered.” Instead, the species is only “vulnerable” to extinction.
Forecasting future monarch populations is difficult, meaning interested parties need to keep a close watch on populations into the future.
POSITION: Monitor the classification of the monarch butterfly as a threatened species and the subsequent designation of critical habitat for the species.
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FEDERAL ISSUE: Community Development Block Grant Program BACKGROUND: The Community Development Block Grant (CDBG) program is a flexible program that provides communities with federal funding to address a wide range of unique community development needs. The CDBG program provides annual grants on a formula basis to participating jurisdictions, including San Luis Obispo County, from which the City receives a sub-allocation.
The City of Pismo Beach must use CDBG funding to target those in the community that are most economically vulnerable. In previous years, the City received sub-allocations from San Luis Obispo County and awarded those funds to the Community Action Partnership of San Luis Obispo County (CAPSLO). This CDBG funding enabled CAPSLO to provide a variety of home repairs for lower income families, seniors, and disabled individuals in Pismo Beach, reviving a City partnership with CAPSLO to address affordable housing.
Congress provided the CDBG program with $3.3 billion in FY 2024. This resulted in an allocation to San Luis Obispo County of just over $1.79 million.
POSITION: Support adequate funding for the Community Development Block Grant program for future fiscal years.
Council Agenda 12-17-2024 12.B-12
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.C
Meeting Date: December 17, 2024
TITLE:
Authorization for the Purchase of a New Restroom at Addie Street from the Public Restroom Company
RECOMMENDATION:
1. Adopt a Resolution authorizing the purchase of a new restroom for the Addie Street Parking Lot from the Public Restroom Company in the amount of $693,614; and
2. Authorize staff to advertise for construction bids for the Addie Street Restroom Project.
DISCUSSION:
The Addie Street Restroom project replaces the current restroom with a new larger restroom that incorporates a lifeguard office restroom at the Addie Street Parking Lot. In May 2023, the City entered into a professional services agreement with Eikhof Design Group for engineering design services for the project. Design documents are nearing completion, and a construction bid package is being prepared.
This project, when completed, will provide for new restrooms and additional restrooms, as well as serve as a headquarters for the Pismo Beach Lifeguard Program. The project is fully funded by LBID.
Staff located a restroom under the Public Restroom Company’s cooperative government purchasing agreement #081721-PRM (Attachment 2). The City’s Purchasing Policy authorizes “piggyback” purchases such as this one upon recommendation of the City Manager. The Public Restroom Company quote is provided as Attachment 1.A.
Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) authorizing the purchase of a new restroom from the Public Restroom Company in the amount of $693,614, and authorize staff to advertise for construction bids for the Addie Street Restroom project.
FISCAL IMPACT:
The fiscal impact of adopting the attached Resolution is $693,614 for purchase and installation of the Addie Street restroom. The project budget includes $1,200,000 for construction of the project in the Capital Projects Fund, supported by the Lodging Business Improvement District Fund.
The estimated project costs are shown in Table 1 below.
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Table 1. FY 2025 Project Funding
Description Amount
Available Project Budget $1,200,000
Restroom Purchase/Installation ($693,614)
Budget Surplus / (Shortfall)$506,386
Once the design of the Addie Restroom project has been completed, the project advertised and construction bids are received, staff will return to Council to award the project.
ATTACHMENTS:
1. Resolution
1.A Exhibit A to Resolution: Public Restroom Company Quote
2. Cooperative Government Purchasing Agreement
Prepared by:
Erin Olsen, Senior Management Analyst
Submitted by: Mike James, Assistant City Manager/Acting Director of Public Works City Manager Approval:
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RESOLUTION NO. R-2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE PURCHASE OF A NEW RESTROOM FOR THE
ADDIE STREET PARKING LOT FROM THE PUBLIC RESTROOM COMPANY IN THE AMOUNT OF $693,614
WHEREAS, the Addie Street Restroom project consists of replacing the current restroom with a new larger restroom that incorporates a lifeguard office restroom at the Addie Street Parking Lot; and
WHEREAS, Eikhof Design Group is preparing design documents and a construction bid package; and
WHEREAS, staff was able to locate a restroom under the Sourcewell and Public Restroom Company’s cooperative government purchasing agreement #081721-PRM; and
WHEREAS, the City’s Purchasing Policy authorizes “piggyback” purchases such as this one upon recommendation of the City Manager; and
WHEREAS, the City’s Capital Project Fund Addie Street Improvements project, supported by the Lodging Business Improvement District Fund, has sufficient budget to support this purchase.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the purchase of a new restroom for the Addie Street Parking Lot from the Public Restroom Company in the amount of $693,614 (cost proposal provided as Exhibit A).
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 17th day of December 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Inderlied, City Clerk
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Addie Street Restroom – Pismo Beach, CA | 11.05.2024| Reference # 11663-11/1/2024-3 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 1 of 9
Price Proposal: Addie Street Restroom – Pismo Beach, CA Date: 11.05.2024
Reference: 11663-11/1/2024-3
Sourcewell: Contract # 081721-PRM
Our Offer to Sell:
1. Restroom Building delivered to site @ $ 647,546
Public Restroom Company (PRC) herein bids to furnish (building only per plans and specifications, delivered to site with all costs except installation including applicable taxes excluding retention. (Retention is not allowed as this is materials or a product fully assembled before shipment to the site and therefore not subject to retention.)
2. Installation: Turnkey Installation of the Building above @ $ 46,068 with retention allowed.
Public Restroom Company also includes in this two-part quotation our turnkey installation package for this building. Our national factory authorized installation team will:
a. Arrive onsite to confirm and verify the Owner/General Contractor provided scope of work in preparation for installation including access to the site. b. Verify the building pad size, building corners, finished slab elevation, utility depth and location, meter size and distance from building, and compaction compliance. c. Excavate the utility trenches for placement of our prefabricated underground piping tree for the buildings plumbing and electrical, set the kit in place, provide the water test for inspection before backfilling, and then place the site adjacent coarse sand you provide to us alongside the building pad and screed it level for final building placement. We will need onsite water availability for wetting the sand bed before building placement to consolidate the pad.
d. Set the building on the site pad.
e. Connect the utility piping stub ups to the building piping stub down building points of connection for water, sewer, and electrical conduit to the building internal electrical panel.
3. Owner/General Contractor Final Tie In of Utilities and other site work:
a. The Owner/Contractor is responsible for making all final plumbing connections at the 6’ POC locations.
b. The Owner/Contractor is responsible for pulling wire and completing all final tie-ins to the electrical panel from the 6’ POC location.
c. The Owner/Contractor is responsible for preparing the pad/foundation. PRC will trench through provided pad/foundation to run utilities to 6’ POC locations.
4. Total Cost of building and installation @ $ 693,614
12.C-5Council Agenda 12-17-2024
Attachment 1.A
Packet Page 81
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OWNER/GENERAL CONTRACTOR SCOPE OF WORK WITH/WITHOUT FOOTINGS:
Scope of Work Background:
Owner/General Contractor shall survey the site, establish survey for the building pad and prefabricated building slab elevation and front corners, excavate for building footings (if required), locate footing sleeves for electrical, waste, and water, pour the footings (if required), furnish sand base adjacent to subgrade pad, and provide location for utility POC’s nominally 6’ outside the foundation.
Preparation of Building Pad:
Owner/General Contractor is responsible for providing the building subgrade pad or when required footings to frost depth per Public Restroom Company design specifications. PRC will provide detailed drawings for the subgrade building pad, utilities POC’s, and if required the footings, attached to this scope of work.
Subgrade Pad/Foundation Requirements:
1. Owner/General Contractor shall survey the building site and provide a finished slab elevation for the prefabricated building. The building pad size we require is larger than the final actual building footprint. Provide building front corner stakes with 10’ offsets.
2. Excavate the existing site to the depth of the required footings to local code if required.
3. Furnish coarse concrete sand adjacent to subgrade pad so PRC can cut the utility trenches, install underground utilities, and screed sand.
Owner/General Contractor verification of site access to allow Building Delivery:
1. You certify to PRC that suitable delivery access to the proposed building site is available. Suitable access is defined as 14’ minimum width, 16’ minimum height, and sufficient turning radius for a crane and 70’ tractor-trailer.
2. Our cost is based upon the crane we provide being able to get within 35’ from the building center and for the delivery truck to be no more than 35’ from the crane center picking point.
3. If the path to the building site traverses curbs, underground utilities, landscaping, sidewalks, or other obstacles that could be damaged, it is the Owner/General Contractor ‘s responsibility for repair and all costs, if damage occurs.
4. If trench plating is required, it shall be the cost responsibility of the Owner/General Contractor.
5. If unseen obstacles are present when site installation begins, it is the Owner/General Contractor responsibility to properly mark them and verbally notify PRC before installation.
6. If weather becomes an issue for safety or site installation delays due to weather, Owner/General Contractor or PRC with General Contractor’s confirmation may call-off set. If building set is stopped, relocation of the building modules to an onsite or offsite location may incur additional costs to Owner/General Contractor.
Installation Notice and Site Availability:
PRC will provide sufficient notice of delivery of the prefabricated building. The Owner/General Contractor shall make the site available during the delivery period. During the delivery period, on an
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improved site, Owner should stop site watering several days before delivery to minimize the impact on the soils for the heavy equipment needed for installation.
Caution: If site is not ready for our field crew to perform their installation and if no notice of delay in readiness from Owner/General Contractor is received, PRC will provide a change order for re- mobilization on a daily basis until the site is ready for us. Ready means that the site pad is completed, the corner required survey stakes are in place, the slab elevation stakes are in place, the location of the front of the building is confirmed on site, and access to the site is available from an improved roadway. Owner/General Contractor shall sign the change order before we will continue delivery.
Public Restroom Company will “turn-key” set the buildings including the hook up of utilities inside the building (only) when they are available. PRC will use its own factory trained staff for the installation.
Utility Connections:
1. PRC to complete all internal building plumbing connections and connections from the electrical panel to building’s fixtures. The Owner/ Contractor is responsible for making the final plumbing connections at the 6’ POC locations.
2. The Owner/Contractor is responsible for pulling the wire and completing the final tie-in to the electrical panel from the 6’ POC location.
3. The Owner/Contractor is responsible for commissioning the building once final utility connections are made. This includes flushing & testing all water service lines before final startup.
Special Conditions, Permits, and Inspection Fees:
Follow any published specifications governing local building procedures for applicable building permit fees, health department fees, all inspection fees, site concrete testing fees, and compaction tests, if required by Owner. PRC is responsible for all required State inspections and final State insignia certification of the building, if applicable.
Jurisdiction for Off-site Work:
Jurisdiction, for permitting and inspection of this building shall be either the State agency who manages prefabricated building compliance in the state or the local CBO (when the State does not provide certification.) If the responsibility for building inspection is the local CBO, we will provide a certified plan set, calculations, and a third-party engineer inspection report for any and all closed work the local official cannot see.
PUBLIC RESTROOM COMPANY SCOPE OF WORK:
Our In Plant/Off-Site Construction Scheduling System:
PRC has several off-site manufacturing centers in the United States, strategically located, with the proper equipment and trained staff to fabricate our custom buildings to our high-quality fit and finish standards. PRC manages quality control in our off-site production facility to comply with the approved drawings and provides an inspection certification and photos as required. When proprietary materials,
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which we have designed and fabricated, are part of the project, PRC supplies the manufacturing centers with these proprietary PRC components. We then schedule the in-plant construction process to coordinate with your delivery date through our Operations Division field staff. We guaranty on time at cost delivery weather permitting.
Special Payment and Progress Billing Terms:
Invoicing begins on the 30th of the month following an order and/or the acceptance of the proposal/contract.
The first progress billing invoice will be issued for the commencement of design and engineering of architectural plans. This will be 10% of the contracted amount. Once construction begins invoicing will commence monthly based on plant percentage of completion, supported by photographs.
In the event of project stoppage, additional fees may be assessed for re-mobilization, storage, crane costs, etc. Our discounted project costs are based upon timely payments. Delays in payment could change delivery schedules and project costs.
Delivery and Installation:
Site Inspection:
PRC staff, upon site arrival, will verify the required dimensions of the building pad and the corner locations/elevation. We will also verify the delivery path from an accessible road or street and install the underground utilities to the point of connection nominally 6’ from the exterior of the building.
Installation:
PRC will install the building turn-key, except for any exclusion (listed under “Exclusions,” herein.) Installation of Utilities under the Prefabricated Building:
We fabricate off-site an underground utilities (water, and DWV piping and fittings) preassembled plumbing and electrical tree. Our site staff will set the underground tree into code depth excavated trenches and our staff will install the coarse concrete sand to bed the piping per our submitted drawing.
We provide all the buildings under-slab piping including the driven electrical ground rod. The Owner/General Contractor brings utility services to within 6’ of the pad and are responsible for final connections at that point.
Connection of Utilities Post Building Placement:
After placement of the building on the pad by PRC, our field staff will tie in the water and sewer connection “inside” the building only and terminate at a point of connection (POC) outside the building clearly marked for each utility service. The Owner/General Contractor is responsible for final utility point of service connections at the nominal 6’ from building locations.
Electrical:
PRC provides the electrical conduit to the POC 6’ from the building. The Owner/General Contractor pulls the wire and ties it off on the electrical panel.
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Plumbing:
PRC provides the POC up to 6’ from the building footprint and the Owner/General Contractor connects the water to our stub out location.
Sewer:
Some sites depending on the local jurisdiction will require an outside house trap which Owner/General Contractor shall install if needed. PRC will provide you with a sewer point of connection including a clean out to which Owner/General Contractor will terminate the site sewer service.
Testing of Water, Sewer, and Electrical in Plant and Final Site Utility Connection:
Before the building leaves the manufacturing center, PRC certifies a pressure water piping test, DWV, and the electrical connections for compliance with code. While the building is fully tested for leaks at the plant before shipment, road vibration may loosen some plumbing slip fittings and require tightening once the building services (water) is completed. Owner/General Contractor is responsible for minor fitting tightening to handle small slip fitting leaks caused by transportation.
Time of Completion:
PRC estimates a 240 calendar day schedule to complete our scope of work from receipt of written notice to proceed together with signed approved architectural submittals; including final construction documents and structural calculations from all authorities required to approve them.
Exclusions/Exceptions:
1. Access issues for delivery of the building by a clear unobstructed path of travel from an improved roadway to the final installation pad or foundation may cause site delays and extra cost at each site. This exclusion covers sites whose access is limited by trees, inaccessible roadways, overhead power lines at location where crane will lift building, grade changes disallowing our delivery trailers with only 4” of clearance to grade, berms, or uneven site grades, or when the path of travel is over improvements such as sidewalks, all of which are not within the scope of work by PRC. On some sites without on-site storage availability for buildings that cannot be set, relocation to a proximal crane yard and later relocated to the site for installation, will incur additional fees at rates that vary depending on local rates. PRC will provide written costs for this additional work by change order.
2. If weather on site causes site delivery issues, the delivery may have to be diverted to an off-site location and the additional costs will be a change order to the bid. Our staff works with the Owner/General Contractor in advance to make sure sound decisions for delivery are made to avoid this issue. But sometimes Owner/General Contractor take risks for weather, but this risk is clearly at the Owner/General Contractor risk, not PRC.
3. Sidewalks outside the building footprint.
4. Trench plates or matting needed for protection of site soils, sidewalks, hardscaping, or site utilities shall be the responsibility of the Owner/General Contractor. Any site soils damage or other site improvements if damaged during installation shall be the responsibility of the Owner/General Contractor.
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5. Not responsible for removing any soil, sand, or other debris as a result of trenching or installation.
6. Survey, location of building corners, finish floor elevation, excavation, and construction of subgrade building pad and footings (if required) per PRC plans.
7. Soil conditions not suitable for bearing a minimum of 1500 PSF with compaction to 90% maximum dry density shall require Owner/General Contractor correction before building placement. If no soils testing report is available before bid, Owner/General Contractor must verify site supporting soils at a minimum of 1500 PSF because that is the least we can place our structures on or Owner/General Contractor or engineer of record must design a foundation system to meet the imposed loads of site placement.
8. Improper water pressure, an undersized meter, or improper water volume flow to the building may necessitate a change order for installation of a building internal diaphragm tank to provide the minimum flow rate and static pressure of up to 60 PSI and a minimum of 40 PSI to properly flush the fixtures. Building water service chlorination, post installation, shall be by Owner/General Contractor.
9. Our bid included crane costs are based on a maximum 35’ radius from the center pin of the crane (10’ back from the rear of the crane) to the building center point of the furthest building module roof. If additional distance requires a larger crane, additional costs will be assessed by change order to the Owner/General Contractor.
10. Bonds, building permits, a site survey, special inspection fees, minor trash removal (nominally one pickup truck of shipping materials), final utility connections to the on-site water, sewer and electrical are by the Owner/General Contractor. Since the building is fully inspected and tested in plant, minor plumbing leaks (if water is not available when building site work installation is completed) is by the Owner/ General Contractor.
11. Site Traffic Control, if applicable, shall be by Owner/ General Contractor, not PRC.
12. Any equipment installation, site work or special inspections other than described within this proposal, shall be by Owner/General Contractor.
13. Backflow certification if applicable by Owner/ General Contractor.
14. The building does not include provisions for annual flooding Insurance and Prevailing Wage Certification:
PRC shall comply with the required insurance requirements, wage reports, and safety requirements for the project, including OSHA regulations.
Special Insurance to protect the Building before acceptance:
As PRC requires payment for each month of off-site construction, and since the building is not on owner property where their insurance will cover the building, we maintain a special policy that insures the property even when paid for off-site until the building is finally accepted by the owner. This special policy protects the Owner’s custom ordered materials to be used in the fabrication of the building during this period. PRC provides this Stock Throughput Policy to cover the building materials from supplier to manufacturer, while it is being built off-site, while in transit to the job site, during and after it is installed on-site until final acceptance. This special policy has a $1,000,000 coverage limit. This exceeds the cost of any single building we have offered for sale herein.
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Errors and Omissions Insurance:
Our firm employs licensed architects, engineers, and drafting staff to provide design of our buildings.
Since these buildings are required to meet accessibility standards and building codes on site, and since we are the designer, we carry Errors and Omissions Insurance (E & O) to protect our clients from any errors. The policy covers a limit of up to $2,000,000 per occurrence and is more clearly explained in the insurance certificates we provide after receipt of a purchase order.
WARRANTY
All work performed by PUBLIC RESTROOM COMPANY (called “Company”) shall be warranted to the Owner to be of good quality, free of faults and defects in material, workmanship, and title for 5 years from last date of installation if building is installed by Company or 1 year if building is installed by Owner or Owner’s agent without on-site supervision by Company. Company warranty on building shell including exterior walls, concrete 8” slab/foundation, and roof system is warranted for 20 years structurally. The Company will repair or replace at their sole option any defects in work upon proper notice to the below stated address below.
Our Company extended warranties shall be Company only and shall have no effect on any required Performance, Payment, or Warranty Bonds where Surety shall assume no liability to the Company, the Owner, or any third parties should the Company fail for any reason to deliver acceptable maintenance warranties beyond the one year period. The warranty extension is solely between the owner and PRC and not the general contractor, bonding company, or architect/engineer of record.
This warranty applies only if all work performed by Company has been fully paid for, including change orders if applicable. Company has no responsibility for any neglect, abuse, or improper handling of building product.
The warranties expressed herein are exclusive, and are in lieu of all other warranties expressed or implied, including those of merchantability and fitness.
There are no warranties which extend beyond those described on the face of this Warranty. The foregoing shall constitute the full liability of the Company and be the sole remedy to the Owner.
Term of Offer to Sell and Owner/General Contractor Acceptance:
This offer is valid for acceptance within 30 days, or when a part of a public bid for the applicable duration imposed within the Owner’s bid documents. Acceptance is by approving our post bid preliminary notice to begin drawings subject to final Owner/General Contractor approval of our submittals and receipt of a contract or a purchase order/contract.
Special Notice of Possible Project Cost Increases as a Result of Late Payments:
In the event of delayed or late payment, PRC shall have the right to remedies including late charges, overall project total cost increases, and other damages as allowed by applicable law. The contract price quoted herein is a discounted price based upon our receipt of progress payments as invoiced on the
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agreed billing schedule of PRC. In the event of non-payment, PRC will provide a 5 day written notice to cure and if payment is still not received, the discounted price for the payment due may increase, to an undetermined amount, to cover work stoppage, remobilization, cancellation of materials and subsequent restocking charges, resale of the contracted building to another party, storage fees, additional crane fees, travel and per diem costs for field crews, and any other cost applicable to the project, as allowed by law. Interest if applicable to non-payment will be assessed at the maximum amount allowed by law or 18% whichever is greater.
Termination
Upon Termination for any reason, Owner/General Contractor shall be liable for the cost of all work performed up to the date of termination. Additionally, Owner/General Contractor shall pay for off-site demolition and disposal of the partially or fully fabricated building as well as any non-returnable materials which were custom-ordered to complete fabrication in PRC’s factory location. Any returned materials are subject to return and restocking fees at the Owner/General Contractor expense.
Venue for Contract Jurisdiction:
Public Restroom Company requires all contracts accepted by our firm to hold that the venue for legal jurisdiction for this contract offer and acceptance shall be Douglas County, Nevada. In the event of your default, PRC shall be entitled to the full amount due including reasonable attorney fees, costs, storage, expenses of physical recovery, and statutory interest, as allowed by law.
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No modifications to this offer shall be authorized unless confirmed in writing by the President of Public Restroom Company.
Offered by: Public Restroom Company by _________________________________ Charles E. Kaufman IV, President
This provides conditional acceptance of this preliminary purchase order for this building subject to acceptance of the submittals, furnished by Public Restroom Company. Once you accept the preliminary submittals, this shall become a final purchase agreement or at your discretion the final purchase order or a contract may be substituted with this attached.
Accepted by:
_______________________________ _______________________________ Authorized Signature Date Signed
_______________________________ _______________________________ Printed Name Legal Entity Name and Address
____________________________________________________________________________ Charles E. Kaufman IVV, PPPPPPrPPPPPPPPesident
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081721-PRM
Rev. 3/2021 1
Solicitation Number: RFP 081721
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Public Restroom Company, 2587 Business Parkway, Minden, NV 89423 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Restroom and Shower Facility Solutions from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires October 15, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3.Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1.Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2.Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3.Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1.Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2.Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3.Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4.Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5.Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Public Restroom Company
By: __________________________ By: __________________________ Jeremy Schwartz Katie Sherin
Title: Chief Procurement Officer Title: Chief Operating Officer Date: ________________________ Date: ________________________ Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Attachment 2
12.C-23Council Agenda 12-17-2024
Attachment 2
Packet Page 99
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Bid Number: RFP 081721 Vendor Name: Public Restroom Company
Attachment 2
12.C-25Council Agenda 12-17-2024
Attachment 2
Packet Page 101
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Bid Number: RFP 081721 Vendor Name: Public Restroom Company
Attachment 2
12.C-26Council Agenda 12-17-2024
Attachment 2
Packet Page 102
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Attachment 2
12.C-27Council Agenda 12-17-2024
Attachment 2
Packet Page 103
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Bid Number: RFP 081721 Vendor Name: Public Restroom Company
Attachment 2
12.C-28Council Agenda 12-17-2024
Attachment 2
Packet Page 104
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Attachment 2
12.C-29Council Agenda 12-17-2024
Attachment 2
Packet Page 105
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Attachment 2
12.C-30Council Agenda 12-17-2024
Attachment 2
Packet Page 106
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.D
Meeting Date: December 17, 2024
TITLE:
External Committee Assignments for Calendar Years 2025 and 2026 RECOMMENDATION:
1. Provide input to the Mayor on the assignment of Council Members to various internal and external boards and committees for calendar years 2025 and 2026; and
2. Affirm the Mayor's assignments.
DISCUSSION:
In December of each even-numbered year, following the seating of incoming Council Members, the Mayor appoints Council Members to serve as primary and alternate representatives on various agency committees and boards throughout the community.
These assignments include membership on City subcommittees such as the Mobile Home Rent Stabilization Committee, and external County and joint powers agency boards such as the Integrated Waste Management Authority Board and San Luis Obispo Council of Governments Board. Some appointments are a less-formal liaison status to groups such as the Friends of Price House and Shell Beach Improvement Group. Current assignments (2023 – 2024) are provided for ease of reference as Attachment 1.
Changes for 2025 – 2026 Cycle
To date, the City has not appointed an alternate representative for the Board of Directors of the Central Coast Blue Regional Recycled Water Authority. In that the Authority’s formation documents require the appointment of an alternate, staff recommends that the Mayor appoint an alternate director.
Stipends and FPPC Reporting
Council Members may receive a stipend from an external agency for a few of these appointments; information about any such stipends is available on the City's website at www.pismobeach.org/Form806 as part of the City's required Fair Political Practices Commission (FPPC) “Public Official Appointments” posting.
Conclusion and Recommendation
Staff recommends that the Mayor make assignments for calendar years 2025 and 2026 with input from individual Council Members, and that the Council then affirm the assignments by general consensus. Following assignments, the City Clerk's Office will notify the agencies as to the change of assigned members, if any.
FISCAL IMPACT:
No fiscal impact. Council Members may be reimbursed for certain expenses associated with committee responsibilities, as accounted for in the adopted City Council budget.
Council Agenda 12-17-2024 12.D-1
Packet Page 107
ATTACHMENTS:
1. Current Committee Assignments, calendar years 2023 and 2024 Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 12-17-2024 12.D-2
Packet Page 108
CITY COUNCIL COMMITTEE ASSIGNMENTS 2023 — 2024
Meeting schedules, locations, and stipends subject to change by controlling agencies.
Body and Meeting Schedule Assignees
Air Pollution Control District Board - Member Stipend: $100 Meets the 4th Wednesday of every odd numbered month at 9:00 a.m., at Board of Supervisors Chamber, 1055 Monterey Street, San Luis Obispo
Primary: Newton
Alt: Reiss
California Joint Powers Insurance Authority Board - Member Stipend: $100 Meets annually every July, at 8081 Moody Street, La Palma Primary: Reiss
Alt: None
CAPSLO Board - Member Stipend: $0
Meets the 3rd Thursday of every month at 5:00 p.m., at Zoom Primary: Reiss
Alt: None
Central Coast Blue Regional Recycled Water Authority Board - Member Stipend: $0 Meets as needed, at locations to be determined
Primary: Waage
Alt: None
Central Coast Community Energy Policy Board - Member Stipend: $0 Meets three times per year (February, June, and September), at locations to be determined Primary: Waage
Alt: None
Chapman Estate Foundation Board - Liaison Stipend: $0
Meets second Wednesday of every month at 12:00 p.m., at Chapman Estate Primary: Reiss
Alt: None
Conference & Visitors Bureau Board - Liaison Stipend: $0 Meets the 3rd Wednesday of every month at 3:00 p.m., at Pismo Beach City Council Chamber Primary: Inman
Alt: None
Friends of Price House Board - Liaison Stipend: $0
Meets the 1st Wednesday of every month at 4:30 p.m., except January, at Meherin House, 100 Rancho Pismo Drive, Pismo Beach
Primary: Waage
Alt: None
Hazard Mitigation & Fire Safety Committee - Member Stipend: $0 Meets as needed, at locations to be determined
Primary: Inman
Alt: Waage
Homeless Services Oversight Council - Member Stipend: $0 Meets the 3rd Wednesday of every other month at 1:00 p.m., at 801 Grand Avenue, San Luis Obispo Primary: Guthrie
Alt: Reiss
Integrated Waste Management Authority Board - Member Stipend: $100 Meets the 2nd Wednesday of every month at 1:30 p.m., at 870 Osos Street, San Luis Obispo Primary: Newton
Alt: Inman
League of CA Cities Coastal Cities Group Leadership Committee - Member Stipend: $0 Meets the 3rd Thursday of every month in late afternoon, at locations to be determined, generally video conference or phone call
Primary: Waage
Alt: None
Mobile Home Rent Stabilization Subcommittee - Member Stipend: $0 Meets as needed, at Pismo Beach Administration Conference Room Primary: Inman
Alt: Waage
REACH SLO Advisory Commission - Member Stipend: $0
Meets the 4th Wednesday of every month at 4:00 p.m., at 1050 Southwood Drive, San Luis Obispo Primary: Newton
Alt: None
San Luis Obispo Council of Governments Board - Member Stipend: $100 Meets the 1st Wednesday of every month at 8:30 a.m., at Board of Supervisors Chamber, 1055 Monterey Street, San Luis Obispo
Primary: Waage
Alt: Reiss
San Luis Obispo Regional Transit Authority Board - Member Stipend: $100 Meets the 1st Wednesday of every other month at 9:00 a.m., at Board of Supervisors Chamber, 1055 Monterey Street, San Luis Obispo
Primary: Waage
Alt: Reiss
Shell Beach Improvement Group Board - Liaison Stipend: $0 Meets the 2nd Tuesday of every other month at 5:45 p.m.*unless otherwise notified by SBIG, at Shell Beach Veterans' Hall, Pismo Beach
Primary: Inman
Alt: Reiss
SLO County Water Resources Advisory Committee - Member Stipend: $0 Meets the 1st Wednesday of every month at 1:30 p.m., at 995 Palm Street, San Luis Obispo Primary: Guthrie
Alt: Inman
South County Chambers of Commerce Governmental Affairs Committee - Member Stipend: $0 Meets monthly, at locations to be determined
Primary: Guthrie
Alt: Inman
Visit SLO CAL Advisory Committee - Member Stipend: $0
Meets tentatively on the 1st Thursday of June and December at 3:00 p.m., at Embassy Suites, 333 Madonna Road, San Luis Obispo
Primary: Inman
Alt: None
Zone 3 Water Advisory Committee - Member Stipend: $0
Meets the 3rd Thursday of every odd-numbered month at 6:30 p.m., at locations to be determined Primary: Guthrie
Alt: Inman
Council Agenda 12-17-2024 12.D-3
Attachment 1
Packet Page 109