Agenda packet — Pismo Beach City Council, July 1, 2025

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AGENDA
Pismo Beach City Council
Tuesday, July 1, 2025
Time Meeting Type Physical Location Virtual Viewing Option 4:30 p.m. Closed Session City Hall None
5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual viewing is offered via Zoom.
2 Broadcast meeting also available for viewing on cable Channel 20 and online at pismobeach.org/agenda.

0.MEETING INSTRUCTIONS:

These meetings are being conducted in a hybrid format with both in-person and virtual options. Ways to watch these meetings and submit public comment are provided below.

Watch and participate in person:
•Regular Meeting: Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. •To make Regular Meeting public comment, please submit an optional blue “speaker slip” to staff; the Mayor will ask you to approach the lectern to speak during the public comment period on your item of interest. •To make Closed Session public comment, please be present in the Council Chamber when the Closed Session is publicly convened; the Mayor will call for public comment prior to commencing the closed proceedings.

Watch via Zoom:
•Regular Meeting only: Click this link on any computer or mobile device:
https://us02web.zoom.us/j/84823715585 . This URL may also be typed into a web browser.

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

Watch online:
•Regular Meeting only: Visit www.pismobeach.org/agenda and scroll to “Upcoming Events.” When the live broadcast begins, an “In Progress” link will appear; click this link to watch the livestream. A recording of the meeting will be available on demand shortly after the meeting ends.

Watch on Channel 20:
•Regular Meeting only: Tune to local cable channel 20 in Pismo Beach; the meeting will be broadcast live.

Meetings are also replayed at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day the following week.

Submit written comment prior to, or during, the meeting:
•Regular Meeting and Closed Session: In advance of the meeting, written comments may be emailed to [email protected] or mailed or delivered to the City Clerk’s Office, 760 Mattie Road, Pismo Beach, CA 93449. During the Regular Meeting no later than the start of the comment period for your item of interest, written comment may be hand-delivered to staff in the Council Chamber. Emails and other written comment submitted after the start of the meeting may not be fully considered prior to any action taken on the item.

Submit voicemail comment:
•Regular Meeting and Closed Session: Call 805-773-7005 and leave a voicemail before the meeting.

Voicemails submitted after the start of the meeting may not be fully considered prior to any action taken on the item. This automated voicemail line will not be answered or monitored for other purposes.

Please note:
•In the event a Council Member participates in this meeting by teleconference under the provisions of Government Code Section 54953(f), public comment will be accepted via Zoom, including by telephone audio, as required by law. However, the timing of a request by a Council Member to participate remotely may not allow sufficient time to post an agenda containing information on how the public may participate via Zoom or telephone. In such instances, the City Clerk or another staff member will orally provide such information at the meeting. •Meetings may begin a few minutes after the scheduled start time. •Meetings will be recorded, except closed sessions; these recordings are public record. •Phone numbers of call-in attendees may be visible to other meeting attendees, or in meeting recordings. •Phone numbers of voicemail commenters may be visible in the public record along with transcripts.

Please contact City Clerk Erica Inderlied at [email protected] with questions.

Council Agenda 7-1-2025

Pismo Beach City Council Agenda July 1, 2025

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Special Closed Session—4:30 p.m.

City Hall, 760 Mattie Road, Pismo Beach, CA 93449
CALL TO ORDER: Mayor Waage

1. ROLL CALL:

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

2. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) – Council Chamber Item 2.A: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: San Luis Obispo Coastkeeper, et. al v. County of San Luis Obispo, U.S. District Court Central District of California (Western Division – Los Angeles), Case No. 2:24-cv-06854-SPG-AS

3. PUBLIC COMMENT PERIOD – Council Chamber
At this time, members of the public may comment on any item appearing on the agenda.

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

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

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

5. CLOSED SESSION REPORT – Council Chamber

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

6. ADJOURNMENT
Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, July 1, 2025 Council Chamber, City Hall

Council Agenda 7-1-2025

Pismo Beach City Council Agenda July 1, 2025

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Regular Meeting—5:30 p.m.

Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 CALL TO ORDER: Mayor Waage

1. ROLL CALL:

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

2. PLEDGE OF ALLEGIANCE

3. ACCEPTANCE OF AGENDA

4. PRESENTATIONS
Item 4.A: Presentation: Introduction of New Employees
• Shanice Brewer, Accounting Clerk (Feeser)

• Michelle Baragona, GIS Analyst (Gaglione)
• Albert Espinosa, PT Maintenance Worker (Gaglione)
• Diego Herrera Zacarias, Maintenance Worker (Gaglione) • Leonardo Lopez Carreno, PT Maintenance Worker (Gaglione) • Cody Mapes, PT Maintenance Worker (Gaglione)
• Sean Witt, PT Maintenance Worker (Gaglione)

• Olivia Sample, Planning Intern (Graham)

• Bailey Brown, PT Recreation Coordinator (Jackson)
• Gwendolyn Hanson, Visitor Information Center Host (Jackson) • Connie McKinley, Visitor Information Center Host (Jackson) • Phil Panos, Visitor Information Center Host (Jackson)

• Shanna Angelus, PT Lead Lifeguard (Lee)
• Ryan Handy, Lifeguard (Lee)
• Conner Howard, Lifeguard (Lee)
• Aaron Lee, Lifeguard (Lee)
• Joseph McDonough, Lifeguard (Lee)
• Camden Seifert, Lifeguard (Lee)
• Stephen Wright, Lifeguard (Lee)

• Elisa Martinez, Lead Police Records Technician (Smith)

Council Agenda 7-1-2025

Pismo Beach City Council Agenda July 1, 2025

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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/Inman)

3. Central Coast Blue Regional Recycled Water Authority (Waage/Guthrie)

4. Chapman Estate Foundation (Liaison) (Reiss)

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

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

7. Friends of Price House Liaison (Waage)

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

9. Homeless Services Oversight Council (Guthrie/Reiss)

10. Integrated Waste Management Authority (Newton/Inman)

11. Mobile Home Rent Stabilization Subcommittee (Inman/Waage)

12. Regional Transit Authority, SLO (Waage/Reiss)

13. Shell Beach Improvement Group Liaison (Inman/Reiss)

14. SLOCOG (Waage/Reiss)

15. South County Chambers Gov’t Affairs (Guthrie/Inman)

16. Visit SLO CAL Advisory Committee (Inman)

17. Water Resources Advisory Committee, SLO (Guthrie/Inman)

18. 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:

Adopt Minutes of the June 17, 2025 Regular Joint Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for June 15, 2025;

2. Approve the Register of Demands for May 30, 2025 and June 6, 2025.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for May 2025 of Fiscal Year 2025 (Feeser)

Recommendation:

No action recommended; for information only.

Council Agenda 7-1-2025

Pismo Beach City Council Agenda July 1, 2025

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Item 9.D: 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.E: Award of Contract to Achievement House, Inc. for Litter Removal and Cleanup Services (Gaglione)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a two-year Professional Services Agreement with Achievement House, Inc. in the amount of $165,689.20 for litter removal and cleanup services throughout the city for Fiscal Years 2026 and 2027.

Item 9.F: Adoption (Second Reading) of an Ordinance Adopting Maps Designating Moderate, High and Very High Fire Hazard Severity Zones (VHFHSZ) in the Pismo Beach Local Responsibility Area (LRA) (Inderlied)

Recommendation:

Adopt an Ordinance adding Section 8.04.040, Fire Hazard Severity Zones, of the City of Pismo Beach Municipal Code.

Item 9.G: Local Coastal Program Local Assistance Grant Application to the California Coastal Commission (Graham)

Recommendation:

Adopt a Resolution authorizing the submission of a grant application for, and receipt of, up to $900,000 in funding to assist in updating the City’s Local Coastal Program from the California Coastal Commission.

10. ITEMS PULLED FROM CONSENT CALENDAR

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

None.

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

Item 12.A: Agreement with Jones Mayer for Interim City Attorney Services and Other Legal Services (Garcia)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute a Legal Services Agreement with Richard D. Jones, a Professional Law Corporation, DBA Jones Mayer, for Interim City Attorney Services and Other Legal Services through December 31, 2026.

Council Agenda 7-1-2025

Pismo Beach City Council Agenda July 1, 2025

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Item 12.B: 2024 Northern Cities Management Area (NCMA) Annual Report (Gaglione)

Recommendation:

No action recommended, for information only.

Item 12.C: Review of Housing In-Lieu Regulations, Including Use of In-Lieu Fee Funds (Graham)

Recommendation:

1. Receive an overview of the City’s current housing in-lieu policies/regulations, including approved uses for Housing In-Lieu Fee funds;

2. Provide direction on desired updates to the housing in-lieu regulations and/or use of in-lieu funds.

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 - Cancelled Tuesday, July 15, 2025
Regular Meeting 5:30 p.m. Tuesday, August 5, 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 July 1, 2025 meeting(s) of the Pismo Beach City Council was posted on June 26, 2025, 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.

Council Agenda 7-1-2025

Pismo Beach City Council Agenda July 1, 2025

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

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

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

35.104 ADA Title II).

Council Agenda 7-1-2025

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
Meeting Date: July 1, 2025
TITLE:

Adoption of Meeting Minutes
RECOMMENDATION:

Adopt Minutes of the June 17, 2025 Regular Joint Meeting.

DISCUSSION:

Attached for the Council’s consideration are the draft minutes of the subject meetings for review and adoption.

FISCAL IMPACT:

There is no fiscal impact associated with the preparation or adoption of meeting minutes.

ATTACHMENTS:

1. Draft Minutes of the June 17, 2025 Regular Joint Meeting.

Submitted by:

Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 7-1-2025 9.A-1
Packet Page 1

DRAFT MINUTES
Pismo Beach City Council
Pismo Beach Public Financing Authority Board
Tuesday, June 17, 2025
Regular Meeting—5:30 p.m.

Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 The City Council of the City of Pismo Beach met this date in a regular session with Mayor Waage presiding.

CALL TO ORDER: 5:30 p.m.

1.ROLL CALL:

Present: Absent:

City Council:

Mayor: Waage None
Mayor Pro Tem: Reiss
Council Members: Guthrie, Inman, Newton
Public Financing Authority Board:

Chair: Waage None
Vice-Chair: Reiss
Board Members: Guthrie, Inman, Newton
Staff Present:

Vanessa Garris, Finance Manager
David Fleishman, City Attorney
Rosemarie Gaglione, Director of Public Works
Scot Graham, Community Development Director
Erica Inderlied, City Clerk
Mike James, Assistant City Manager
Paul Lee, Battalion Chief
Jeff Smith, Chief of Police
Other staff present as noted below

2.PLEDGE OF ALLEGIANCE
Mayor Waage led the Pledge of Allegiance.

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

Attachment 1
Council Agenda 7-1-2025 9.A-2
Packet Page 2

4. PRESENTATIONS

Item 4.A: Proclamation: Recognizing July 2025 as Parks Make Life Better! Month (Jackson)

Presented to Colleen Cashmore-Ghiglia, Recreation Manager, and Ron Rodriguez, Parks, Recreation and Beautification Commission Chair.

5. PUBLIC COMMENT PERIOD

Call for public comment: No comment.

6. CITY MANAGER’S REPORT

City Manager Garcia commented on various topics. City Manager Garcia reported that the Council had taken the following reportable action during its 1:00 p.m. Closed Session on June 16, 2025: Appointment of Dean J. Pucci, of the law firm Jones Mayer, to serve as Interim City Attorney.

7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT

City Attorney Fleishman had nothing to report.

8. COUNCIL COMMITTEE REPORTS

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

Council Member Inman:

Visit SLO CAL Advisory Board.

Council Member Guthrie:

San Luis Obispo Water Resources Advisory Committee (WRAC).

Council Member Newton:

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

San Luis Obispo County Air Pollution Control District (APCD) Board.

Mayor Pro Tem Reiss:

California Joint Powers Insurance Authority (CJPIA) Executive Committee.

Mayor Waage:

San Luis Obispo County Community Fire Safe Council.

Attachment 1
Council Agenda 7-1-2025 9.A-3
Packet Page 3

9. CONSENT CALENDAR

Call for public comment: No comment.

Action: Adopt Consent Calendar.

Motion: Newton
Second: Inman

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

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

Absent: 0
Abstain: 0
Recused: 0

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

Recommendation:

Adopt Minutes of the June 3, 2025 Closed and Regular Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for June 1, 2025;

2. Approve the Register of Demands for May 16, 2025 and May 23, 2025.

Item 9.C: Summary Vacation of Bonita Street Between 299 and 301 El Portal Drive (Gaglione)

Recommendation:

Adopt a Resolution summarily vacating Bonita Street between 299 El Portal Drive and 301 El Portal Drive.

Legislative Record: Resolution R-2025-037 adopted.

Attachment 1
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Item 9.D: Contract Amendment #4 with Brenntag Pacific, Inc. for Supply of Sodium Bisulfite (Gaglione)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #4 to the existing Professional Services Agreement with Brenntag Pacific, Inc. to supply sodium bisulfite in an amount not to exceed $63,180 for Fiscal Year 2026.

Legislative Record: Resolution R-2025-038 adopted.

Item 9.E: Contract Amendment #3 with Olin Corporation for Supply of Sodium Hypochlorite (Gaglione)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #3 to the existing Professional Services Agreement with Olin Corporation, dba Olin Chlor Alkali Products and Vinyls to supply sodium hypochlorite in an amount not to exceed $129,276 for Fiscal Year 2026.

Legislative Record: Resolution R-2025-039 adopted.

Item 9.F: Contract Amendment #1 with Engel & Gray, Inc. for Biosolids Composting (Gaglione)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Vendor Services Agreement with Engel & Gray, Inc. to provide biosolids composting in the amount of $130,000 per year for three years.

Legislative Record: Resolution R-2025-040 adopted.

Item 9.G: Three-Year Successor Memorandum of Understanding with the Pismo Beach Service Employees International Union Local 620 for Fiscal Years 2026, 2027, and 2028; Related Budget
Adjustments (James)

Recommendation:

Adopt a Resolution approving a New Three-Year Successor Memorandum of Understanding with the Service Employees
International Union Local 620 ("SEIU") for Fiscal Years 2026, 2027, and 2028, and appropriating funds to cover associated costs.

Legislative Record: Resolution R-2025-041 adopted.

Attachment 1
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Item 9.H: Three-Year Resolution Establishing Wages and Benefits for Full-time Non-Represented Employees; Resolution
Establishing Salary Schedule for Part-Time Employees;
Amendment of the City’s Classification Plan to Include a New Job Classification for Tourism Manager; Related Budget
Adjustments (James)

Recommendation:

1. Adopt a Resolution amending the City’s Classification Plan to include a create a Tourism Manager job classification effective July 14, 2025;

2. Adopt a Resolution approving salaries and benefits for a three- year term for Fiscal Years 2026, 2027, and 2028 for non- represented full-time City employees and appropriating funds to cover associated costs;

3. Adopt a Resolution approving salaries and benefits for a three- year term for Fiscal Years 2026, 2027, and 2028 for non- represented part-time City employees and appropriating funds to cover associated costs; and

4. Approve the updated Combined Salary Schedule.

Legislative Record: Resolution R-2025-042 adopted.

Legislative Record: Resolution R-2025-043 adopted.

Legislative Record: Resolution R-2025-044 adopted.

Item 9.I: Reduction to Fine for Expired Parking Meter or Kiosk Receipt (Feeser)

Recommendation:

Adopt a Resolution reducing the Expired Meter or Kiosk Receipt Fine from $80 to $20, effective July 3, 2025.

Legislative Record: Resolution R-2025-045 adopted.

10. ITEMS PULLED FROM CONSENT

None.

12. BUSINESS ITEMS

This item was reordered.

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

Recommendation:

Receive Fire Department briefing.

Attachment 1
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Packet Page 6

Presenting staff:

Mike James, Assistant City Manager
Paul Lee, Battalion Chief

Supplemental material submitted into the record.

Call for public comment: No comment.

Action: No action.

11. PUBLIC HEARINGS

Item 11.A: Protest Hearing for Declaration of Properties as Non-Compliant for Weed and Rubbish Abatement (Lee)

Recommendation:

Conduct a public hearing to hear protests from property owners whose properties have been identified as non-compliant for weed abatement.

Presenting staff:

Mike James, Assistant City Manager
Paul Lee, Battalion Chief

Public Hearing / Call for public comment:

John Brown commented.

The public hearing was closed.

Action: No action.

Item 11.B: Introduction (First Reading) of an Ordinance Adopting Maps Designating Moderate, High and Very High Fire Hazard Severity Zones (VHFHSZ) in the Pismo Beach Local Responsibility Area (LRA) (Lee)

Recommendation:

1. Conduct a public hearing to receive input on the proposed ordinance;

2. Introduce an Ordinance adding Section 8.04.040, Fire Hazard Severity Zones, of the City of Pismo Beach Municipal Code.

Presenting staff:

Mike James, Assistant City Manager
Paul Lee, Battalion Chief

Supplemental material submitted into the record.

Attachment 1
Council Agenda 7-1-2025 9.A-7
Packet Page 7

Public Hearing / Call for public comment: No comment.

Action: Introduce an Ordinance adding Section 8.04.040, Fire Hazard Severity Zones, of the City of Pismo Beach Municipal Code.

Motion: Guthrie
Second: Inman

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Ordinance O-2025-XXX introduced.

12. BUSINESS ITEMS

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

This item was reordered and heard prior to Item 11.A.

Item 12.B: Review of Taxicab Permitting Regulations and Consideration of Pedicab Regulations (Smith)

Recommendation:

1. Receive an overview of the City’s current taxicab permitting regulations and practices.

2. Provide direction on desired updates to the municipal code and direct staff to prepare an updated ordinance and return for a first reading.

3. Provide direction on whether and how to regulate pedicabs, including the possibility of a standalone ordinance.

Presenting staff:

Dan Herlihy, Police Commander
Mike James, Assistant City Manager

Supplemental material submitted into the record.

Call for public comment: No comment.

Action: Consensus to direct staff as follows:

1. Direct staff to prepare an updated ordinance in order to preserve the viability of taxicab licensing, and return for a first reading; Attachment 1
Council Agenda 7-1-2025 9.A-8
Packet Page 8

2. Return with information about options for subsidizing taxicab licensing fees;

3. Indefinitely table the possible development of pedicab regulations, until after such time that the relinquishment of Highway 1 right-of-way from Caltrans to the City is completed.

Item 12.C: T-Mobile Cell Tower Lease Agreement Amendment at 760 Mattie Road (James)

Recommendation:

1. Adopt a Resolution of the City Council of the City of Pismo Beach authorizing the City Manager to execute Amendment #1 to the Lease Agreement with VB-S1 Assets, LLC (T-Mobile) for operation of a cell tower at 760 Mattie Road; and

2. Adopt a Resolution of the Board of Directors of the Pismo Beach Public Financing Authority approving Amendment #1 to the Lease Agreement between the City of Pismo Beach and VB-S1 Assets, LLC (T-Mobile) for operation of a cell tower at 760 Mattie Road.

Presenting staff:

Mike James, Assistant City Manager

Supplemental material submitted into the record.

Call for public comment: No comment.

Action: Adopt a Resolution of the City Council of the City of Pismo Beach authorizing the City Manager to execute Amendment #1 to the Lease Agreement with VB-S1 Assets, LLC (T-Mobile) for operation of a cell tower at 760 Mattie Road.

Motion: Newton
Second: Reiss

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2025-046 adopted.

Attachment 1
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Packet Page 9

Action: Adopt a Resolution of the Board of Directors of the Pismo Beach Public Financing Authority approving Amendment #1 to the Lease Agreement between the City of Pismo Beach and VB-S1 Assets, LLC (T- Mobile) for operation of a cell tower at 760 Mattie Road.

Motion: Newton
Second: Reiss

Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution PFA-R-2025-002 adopted.

13. CITY COUNCIL COMMENTS AND REQUESTS

Consensus to direct staff to prepare correspondence to the California Department of Fish and Wildlife to request that San Luis Obispo County be considered for inclusion in the Pismo clam harvesting season restrictions set forth for other counties in the California Code of Regulations.

Consensus to appoint Mayor Waage and Mayor Pro Tem Reiss to serve as a subcommittee for the purpose of interviewing applicants to serve as Pismo Beach’s representative to the San Luis Obispo Council of Governments (SLOCOG) Citizen Transportation Advisory Committee (CTAC), following the recent resignation of representative Keryn Gold. Consensus to direct staff to return at the next available meeting with a consent calendar item allowing the full Council to approve the subcomittee’s recommended appointee.

14. ADJOURNMENT

At 7:09 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Chair Erica Inderlied, Secretary
Attachment 1
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B
Meeting Date: July 1, 2025
TITLE:

Payroll Register and Register of Demands
RECOMMENDATION:

1. Approve the Summary of Payroll Register for June 15, 2025;

2. Approve the Register of Demands for May 30, 2025 and June 6, 2025.

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 7-1-2025 9.B-1
Packet Page 11

FOR PERIOD ENDING 06/15/25
CHECKS DATED 06/20/25

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 577195-577198 4
ACH 150

EARNINGS
REGULAR 427,843.27
HOLIDAY 5,508.31
OVERTIME (Includes Comp Time Payouts)25,665.11
Administration
Building
Conference & Visitors Bureau
Police Department 10,600.87
Parking
Engineering
Fire 5,291.32
Recreation
Public Works 1,542.78
Water 4,310.44
Wastewater 3,731.78
Planning 187.92
Motor Vehicles
Subtotal-Overtime 25,665.11$

SALARY ADJUSTMENTS -

TRAINING / UNIFORM ALLOWANCE -
OTHER EARNINGS 12,439.46
$471,456.15

LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 43,444.82
FICA & MEDICARE 36,374.94
STATE INCOME TAX 16,826.06
STATE DISABILITY INSURANCE 5,483.53
GARNISHMENTS 3,152.87
HEALTH 7,173.83
SUPPLEMENTAL DISABILITY 1,225.81
SECTION 125 3,114.16
PERS 39,492.07
DEFERRED COMPENSATION 14,118.26
ADDITIONAL LIFE INSURANCE 349.75
UNION DUES 2,613.10
PISMO ATHLETIC CLUB 617.23
OTHER
NET PAYROLL $297,469.72
DIRECT DEPOSIT DEDUCTION 290,392.64
NET PAYROLL AFTER ACH DEPOSIT 7,077.08

SUMMARY PAYROLL REGISTER
Council Agenda 7-1-2025 9.B-2
Attachment 1
Packet Page 12

ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 10371 Visit SLO County 121,261.14$ TMD Payments March 2025 ACH 11305 Public Employees Retirement System 81,382.74 PERS Retirement EE & ER PD 05/23/25 ACH 12211 CA. Public Emp Retirement Sys 133,806.76 Medical Insurance - June 2025 ACH 12260 dba: Mission Square ICMA Retirement Trust -
457
28,579.15 ICMA 457 Deferred Comp ER & ER PD 05/23/25
ACH 12360 CalPERS 457 Plan 291.67 PERS 457 Deferred Comp ER PD 05/23/25 ACH 12708 dba: Mission Square ICMA Retirement Trust-
Roth IRA
575.00 ICMA Roth IRA PD 05/23/25
ACH 12944 Leaf 1,236.91 Monthly Copier Lease - May 2025 ACH 14257 Igoe Administrative Services 10,104.12 IGOE FSA & DDS Reimbursement - May 2025 133741 11448 2ND Nature LLC 6,179.04 Stormwater Annual Software Renewal FY26 133742 10434 Abalone Coast Analytical Inc 288.00 Water Analysis 133743 10446 Achievement House, Inc.9,719.55 Sidewalk Cleaning Services & Pressure Washing &Pismo Beach Litter Removal & Clean-up Services - April 2025
133744 10118 Adamson Industries Police Products 4,809.96 PD Equipment 133745 10695 AFLAC 2,541.47 Supplemental Disability Insurance - May 2025 133746 11882 Alexander's Contract Services Inc 3,112.39 Water Meter Reading Services May 2025 & Water Meter Reading Services Credit Dec 2024-Feb 2025
133747 15053 American Safety Services, Inc.214.26 Maintenance Supplies 133748 15085 Catalina Bertola 4,000.00 Public Art
133749 11852 Bill Gaines Audio Inc 1,334.25 Audio - Concerts in the Park 6/8/25 133750 11392 Brenntag Pacific Inc.2,187.88 Sodium Bisulfite 133751 13591 Ryan Bullock 200.00 Reimb: PW BBQ 2025 Wood 133752 14402 Carol A. Burner 933.33 900 Bello Lease - June 2025 133753 10964 California Building Standards Commission - CBSC 199.97 Green Fees Jan-Mar 2025 133754 10626 California Highway Adoption Co 1,250.00 Highway 101 On/Off Ramp Mitigation May 2025 133755 14855 California's Best Janitorial 22,002.64 Janitorial Services - Apr 2025 133756 10085 Cannon Corp 618.74 Ocean Blvd CM - April 2025 133757 11451 Channel Islands Technology Integrators' Group 13,263.00 Monthly Infrastructure Mgmt & Help Desk - May 2025 133758 15059 Charles Clingman 4,500.00 Public Art
133759 15087 Erik Davison 3,000.00 Public Art
133760 12224 Delta Dental Of California 6,904.62 Dental Premiums - June 2025 133761 11803 Department Of Conservation 614.09 SMIP Fees Jan-Mar 2025 133762 12307 Department Of Justice 98.00 Livescan Services - April 2025 133763 14759 Michael Dias 300.00 Senior Dance 6/10/25
133764 11469 Eikhof Design Group Inc 11,283.95 Development Review & Stormwater Inspection - March & April 2025 & Pier Ave. Storm Drain Repair - April 2025
133765 15055 Isabel Emrich Mankins 4,000.00 Public Art
133766 13586 Famcon Pipe & Supply Inc.1,867.31 Distribution Maintenance 133767 12123 Farm Supply 110.35 Maintenance Supplies
133768 11868 FGL Environmental 535.00 Water Analysis
133769 15057 Forever Stoked 4,000.00 Public Art
133770 12030 Grainger, Inc.164.75 Fire Apparatus Supplies 133771 11828 Gordon Jackson 486.00 M&IE: U.S. Travel's IPW 6/14-6/19/25 133772 14926 Jason Addison Smith Consulting Services Inc 12,809.01 Plan Review - Apr 2025 133773 14769 JNE Concrete Inc 1,500.00 Concrete Repair
133774 14401 Barbara L. Maraist 933.34 900 Bello Lease - June 2025 133775 12279 McMaster Carr 181.16 Maintenance Supplies
133776 14042 Merjan Enterprises, Inc.27,000.00 Preventative Maintenance Service - 5th Year 4/14/25-4/14/26 133777 12032 Midwest Motor Supply 41.65 Maintenance Supplies 133778 10097 Miners Hardware 507.59 Maintenance Supplies 133779 13964 MNS Engineers, Inc.1,299.00 Clarifiers CM - April 2025 133780 14353 Motorola Solutions, Inc.4,500.00 Annual Integration Body Cameras Service 133781 14343 ODP Business Solutions, LLC 188.76 Office Supplies 133782 13781 Bouba Otello Boumaiz 3,000.00 Public Art
133783 12070 Michelle Pearson 524.50 M&IE/Mileage: AFSS Quarterly Meeting June 2025 133784 14591 Bernadette Pennetta-Simpson 2,842.98 Beverages - 4th of July 133785 10633 Pismo Beach Athletic Club Inc 150.00 CalFire PBAC Dues - May 2025 133786 14403 Betty J. Pratt 933.33 900 Bello Lease - June 2025 133787 12335 Procare Janitorial Supply Inc 222.14 Janitorial Supplies 133788 14120 Quincon, Inc.44,720.30 Bello Bridge Habitat Mitigation - 7/1/24-4/30/25 City of Pismo Beach
Final Disbursement List Check Date 05/30/2025

US BANK
Council Agenda 7-1-2025 9.B-3
Attachment 2
Packet Page 13

ACH/ Vendor Check
Check# Number Payee Amount Description
City of Pismo Beach
Final Disbursement List Check Date 05/30/2025

US BANK
133789 13201 Rincon Consultants, Inc.11,548.49 Charles Reservoir NEPA - April 2025 133790 10452 Richard Rolson 750.00 Stage Rental - Pacific Breeze Concert 6/8/25 133791 15046 Antonio Romero 3,010.00 Public Art
133792 14849 Joshua Rosenblum 1,700.00 Pacific Breeze Concert Band 6/8/25 133793 14738 SCA OF CA, LLC 27,325.24 Street Sweeping Services - Feb & April 2025 133794 10093 SLO County Auditor-Controller 12,487.50 Phoenix Parking Surcharges - Mar 2025 133795 14099 Jeffrey Smith 317.00 M&IE: CPCA Strategic Planning Session 6/10-6/13/25 133796 13654 Souza Engineering Contracting, Inc.89,563.20 Oak Park Medical Plaza Parking Lot Repair 133797 14299 Natalia Stilleson 25.00 Translation Services 133798 14757 Quincy Storm 382.50 Design Services
133799 15054 Lauren Taylor 2,000.00 Public Art
133800 12321 The Gas Company 1,775.15 Gas Service 04/17/25- 05/19/25 133801 13097 The Standard 1,625.46 Life & Additional Life Insurance Premiums - June 2025 133802 13442 Thorn Run Partners 5,000.00 Federal Lobbying Services May 2025 133804 12860 Townsend Public Affairs 4,490.00 State Lobbying Services May 2025 133805 14821 Traffic Management Products Inc 4,331.38 Street Signs 133806 13392 Urban Planning Concepts 10,800.00 GP/LCP & General Planning Services - Apr 2025 133807 13951 Carlos Valentin Gonzalez 132.10 Portable Restrooms - Concerts in the Park 5/11/25 133808 13073 VSP- Vision Service Plan (CA)1,648.76 VSP Vision Coverage June 2025 133809 13678 Wallace Group 88,910.97 Shell Beach Rd Shared Use Path - Feb & March 2025 133810 12527 Water Systems Consulting Inc 817.00 New Production Well - April 2025 133811 12132 White Flag Pest Control Inc 236.00 Pest Control 133812 14102 Peak WiFi LLC 689.60 Internet Service PD Camera Network & PD LPR & Lift Station - May 2025
133813 14594 Toucan Terrace Section 1 Homeowners
Association
150.00 Neighborhood Event Reservation Fee 8/1/25
133814 14594 Toucan Terrace Section 1 Homeowners
Association
250.00 Deposit: Clubhouse Rental - Neighborhood Event 8/1/25 Total:859,275.15$
Council Agenda 7-1-2025 9.B-4
Attachment 2
Packet Page 14

ACH/ Vendor Check
Check# Number Payee Amount Description
ACH 11208 SEIU Local 620 AFL/CIO 989.71$ SEIU Dues PD 06/06/25 ACH 10002 Internal Revenue Service 125,475.77 Federal Income Tax PD 06/06/25 ACH 11305 Public Employees Retirement System 83,108.01 PERS Retirement EE & ER PD 06/06/25 ACH 12260 dba: Mission Square ICMA Retirement Trust -
457
28,579.15 ICMA 457 Deferred Comp EE& ER PD 06/06/25
ACH 12305 Franchise Tax Board 25,268.83 SDI & State Income Tax PD 06/06/25 ACH 12360 CalPERS 457 Plan 291.67 PERS 457 Deferred Comp ER PD 06/06/25 ACH 12708 dba: Mission Square ICMA Retirement Trust-
Roth IRA
575.00 ICMA Roth IRA PD 06/06/25
ACH 12944 Leaf 319.53 Copier Lease June 2025
133815 11917 First American Title 1,000.00 Title Report - 279 & 281 Ridge Road 133816 15089 Seth Neuschwander 401.62 Reimb: USLA Academy Graduates & LG Staff Dinner 133817 14115 Vanir Construction Mgmt, Inc.38,600.50 Public Safety Facility CM - Feb 2025 133818 14414 California State Disbursement Unit 415.38 Tax Withholding Order PD 06/06/25 133819 14771 California State Disbursement Unit 16.15 Tax Withholding Order #2 PD 06/06/25 133820 14876 California State Disbursement Unit 784.61 Tax Withholding Order PD 06/06/25 133821 14995 California State Disbursement Unit 442.08 Tax Withholding Order PD 06/06/25 133822 13846 Franchise Tax Board-Tax Withholding-2 50.00 Tax Withholding Order PD 06/06/25 133823 15021 Wendy Lawton 1,150.00 Tax Withholding Order PD 06/06/25 133824 14878 Nevada State Treasurer 2.00 Garnishment Withholding Fee PD 06/06/25 133825 12022 Pismo Beach Police Officer's Association 1,640.00 POA Dues PD 06/06/25 133826 14877 SCaDU 230.76 Garnishment Withholding PD 06/06/25 133827 15088 Vehicle Registration Collections 151.12 Tax Withholding Order PD 06/06/25 133828 10434 Abalone Coast Analytical Inc 144.00 Water Analysis 133829 12275 Airgas West Inc 115.72 Medical Supplies
133830 14440 Paul Amarillas 406.18 Logo Wear
133831 11382 Applied Technology Group, Inc.10,327.50 Avtec ScoutCare Renewal 2025 133832 14363 AT&T Mobility 287314925891 127.82 iPad Tablet Service - Apr 2025 133833 14865 AT&T Mobility 287341782965 129.72 SCADA Hotspot - Apr 2025 133834 10293 Battery Systems Inc 847.35 Vehicle Maintenance 133835 10074 Burdine Printing 1,813.89 Printing Services 133836 14349 Callander Associates Landscape Architecture, Inc 1,179.57 Ventana Sports Courts - March 2025 133837 12506 CCGC, Inc Attn: AR 38,241.50 Public Safety Facility Special Inspections - April 2025 133838 12178 Central Coast Playgrounds, Inc.1,150.00 Parks Maintenance 133839 11552 Agritec International Ltd CleanTech 266.96 Parts Washer Rental Service 133840 11227 Cole Chrysler Dodge 1,239.71 Vehicle Maintenance 133841 12156 County Of San Luis Obispo 2,066.50 Chargeable Report Writing/Correspondence Jan/Feb 2025 133842 11794 Dimes Media Corporation 550.00 Advertising: Summer Program Guide 5/5-5/11/25 133843 13697 Dudek 2,256.25 GP/LCP Update 03/29/25-04/25/25 133844 11289 eGenoa, LLC 217.50 Signs
133845 14325 Engeo Incorporated 15,077.25 Cliff/Ocean Storm Drain Design - April 2025 133846 13586 Famcon Pipe & Supply Inc.1,609.68 Maintenance Supplies 133847 11868 FGL Environmental 675.00 Water Analysis
133848 15077 Full Spectrum Metal Finishing Inc 350.00 Public Art 133849 10398 Liliana Graham 408.00 Instructor: Ballroom/Latin Dance 5/5-5/26/25 #11681 133850 13083 Anne Grannis 204.80 Instructor: Back to Sewing 5/8-5/29/25 #11693 133851 12952 GSI Water Solutions Inc 5,520.79 NCMA 2024 Annual Report - April 2025 133852 13588 Kenneth John Guge III 312.00 Instructor: Central Coast Judo 5/5-5/28/25 #11612 133853 14481 HPS West, Inc 7,112.52 Water Meters
133854 15003 Daniel Keen 12,000.00 Facilitation of City Attorney Performance Evaluation 133855 11833 Keylock Security Specialists 1,284.24 Facilities Maintenance 133856 11586 Liebert, Cassidy & Whitmore 9,360.00 Consulting & Legal Services - Employment Negotiations 133857 10175 Life-Assist, Inc.1,680.37 Medical Supplies 133858 10656 LN Curtis & Sons 2,420.00 Equipment Maintenance 133859 12163 Michael K Nunley & Associates Inc 19,622.84 Charles St Reservoir - April 2025 133860 12032 Midwest Motor Supply 368.62 MVR Supplies
133861 14739 Mike's Coffee and Tea Co.90.00 Coffee
133862 10097 Miners Hardware 1,035.75 Maintenance Supplies & Vehicle Maintenance 133863 11172 Mullahey Ford 907.83 Vehicle Maintenance
133864 10039 New Times 468.00 Legal Advertising
133865 10753 Nick's Telecom 1,026.01 MVR Supplies & Radio Maintenance 133866 13279 Pacific Central Coast Health Centers 1,300.00 Pre-employment Health Screening City of Pismo Beach
Final Disbursement List Check Date 06/06/2025

US BANK
Council Agenda 7-1-2025 9.B-5
Attachment 2
Packet Page 15

ACH/ Vendor Check
Check# Number Payee Amount Description
City of Pismo Beach
Final Disbursement List Check Date 06/06/2025

US BANK
133867 14102 Peak WiFi LLC 750.00 Pier Camera Maintenance 133868 14550 Phillco 76.95 Soft Water - June 2025
133869 13197 Pioneer Americas, LLC 10728 11,505.34 Sodium Hypochlorite 133870 13613 Pismo Beach Veterinary Corp 924.69 Kylo Vet Bill 6/4/25 133871 14484 Plumbers Depot Inc.500.91 WWTP Supplies
133872 14740 Premier Supply, LLC 201.19 Production Well Maintenance 133873 12335 Procare Janitorial Supply Inc 4,406.76 Janitorial Supplies 133874 13255 Rib Line 5,855.78 Balance: July 4th BBQ Pier Celebration 133875 13201 Rincon Consultants, Inc.4,559.00 PEIR Report for GP/LCP & Zoning Code Update - Jan-Apr 2025 133876 11266 San Luis Auto Parts Inc 612.67 Vehicle Maintenance 133877 12108 Santa Maria Tire, Inc.1,000.38 Vehicle Maintenance 133878 11168 Sherwin-Williams 362.22 Maintenance Supplies 133879 13913 Silvas Oil Co., Inc 8,545.84 Gas and Diesel Delivery 05/22/2025 133880 10532 SLO County Sheriff-Coroner 754.00 Crime Lab Tests 133881 12570 SLO Roasted Coffee 50.28 Coffee
133882 14113 Southpaw Sign Co., Inc.14.00 Refund: One-time Business License Fee 133883 11722 SP Maintenance Services Inc 5,157.67 Sweeping Services - April 2025 133884 14933 Stommel Inc.370.99 Vehicle Maintenance
133885 11323 Streator Pipe & Supply 24.07 Maintenance Supplies 133886 14361 Sun Ridge Systems, Inc.16,393.00 RIMS Annual Software Support 5/4/25 - 5/23/26 133887 13530 TCA Tools Inc 62.24 Vehicle Maintenance
133888 11271 Templeton Uniforms 104.24 Uniforms
133889 12461 TJA Advertising 123,801.02 CVB & LBID Advertising and Promotion Services - April 2025 133890 14821 Traffic Management Products Inc 2,613.15 Signs 133891 12228 Turf Star, Inc.154.00 Equipment Maintenance 133892 12620 Uline 693.54 Maintenance Supplies
133893 12622 USA Bluebook Acct: 82507 1,479.58 WWTP Lab Supplies 133894 15086 Kyle Van Til 496.46 VR Permit Refund
133895 14115 Vanir Construction Mgmt, Inc.62,889.50 Public Safety Facility CM - April 2025 133896 12132 White Flag Pest Control Inc 476.00 Pest Control 133897 13326 Williams Cleaning Systems LLC 250.49 Equipment Maintenance Total:708,491.72$
Council Agenda 7-1-2025 9.B-6
Attachment 2
Packet Page 16

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.C
Meeting Date: July 1, 2025
TITLE:

Monthly Investment Transaction Report of the City’s Cash and Investments for May 2025 of Fiscal Year 2025
RECOMMENDATION:

No action recommended; for information only.

DISCUSSION:

This report updates the City Council on the City of Pismo Beach’s monthly transactions of the City’s investment portfolio for the month ending May 31, 2025. California Government Code Section 53607 states that if the authority of the legislative body to invest or reinvest funds for the City is delegated to the City Treasurer, the City Treasurer shall make a monthly report of those transactions to the legislative body. Pursuant to Government Code Section 6505.5, this information is being provided here to the Pismo Beach Public Financing Authority, the Pismo Beach Public Financing Agency, and the Central Coast Blue Regional Recycled Water Authority, through the members of the City Council who sit on those boards.

The attached report includes all transactions of the City’s investments managed by the City, including funds invested in various securities and the City’s pooled funds invested in various financial instruments.
•Attachment 1 provides a summary of the City’s cash, investments, and monthly interest earnings based on book value as of May 31, 2025. •Attachment 2 provides details on the investment transactions for the General Fund Reserve and City Pooled Funds A (for deferred capital projects), including: purchases or deposits; sales, maturities, calls or withdrawals; and interest earnings. •Attachment 3 provides details of the monthly transactions by fund for City Pooled Funds B (for current year expenditures) for the month ending May 31, 2025.

FISCAL IMPACT:

No fiscal impact from the report itself—information only.

ATTACHMENTS:

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

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

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

Council Agenda 7-1-2025 9.C-1
Packet Page 17

City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned May 2025
Actual Year-to-
Date Interest
Earned Ending
5/31/25 * Data Sources
General Fund Reserves US Bank CDs/GASs/Corp
Bonds/Treasuries

2.81% avg 8,664,200 10,874$ 156,424$ 1
City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ MBSs/
Treasuries

2.59% avg 45,412,374 123,286 895,294 1
Total All Securities 54,076,574$ 134,161$ 1,051,717$ City Pooled Funds - B US Bank Custody 4.17%410,760$ 5,043$ 93,117$ 1 City Pooled Funds - B Local Agency Invest.

Fund (LAIF)
State Investment
Pool

4.48%410,824 - 84,451 2
City Pooled Funds - B PFM Asset Mgmt
CAMP
JPA Investment Pool 4.42%15,017,769 56,202 617,768 3 City Pooled Funds - B US Bank Checking & Sweep 3.92%10,082,997 37,234 625,457 4 City Pooled Funds - B 25,922,350$ 98,480$ 1,420,793$ City Pooled Funds total A + B 71,334,725$ 221,766$ 2,316,087$ Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 Pier Project 1,069,106$ 64$ 2,484$ 5 Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 CREB's
Project
-2 742 5
Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2024 Public Safety
Facility
31,285,675 100,842 1,031,962 5
CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit Trust
Account
Various managed by
CalPERS
5,610,818$ -$ 267,490$ 6
TOTAL, Cash and Investments at May 31, 2025:117,964,523$ 333,549$ 3,775,189$ TOTAL for City Managed Portfolio, Cash and Investments:79,998,924$ 232,640$ 2,472,511$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly investment statement from US Bank
2 = Monthly statement from Local Agency Investment Fund 3 = Monthly statement from PFM Asset Management LLC
4 = Monthly reconciled bank statement from US Bank
5 = Monthly statement from Wilmington Trust
6 = Monthly statement from CalPERS Benefit Trust Account Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments Council Agenda 7-1-2025 9.C-2
Attachment 1
Packet Page 18

CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
May 31, 2025

INVESTMENT ACTIVITY

PURCHASES OR DEPOSITS
05/01/25 Purchase FNMA Gtd Remic 550,427$
05/02/25 Purchase Colgate Palmolive Co 249,868
05/09/25 Purchase Bank of America Corp 400,000
05/09/25 Purchase Cummins Inc.24,983
05/15/25 Purchase Toyota Motor Corp 94,892
05/15/25 Purchase US Treasury 198,734
05/21/25 Purchase US Treasury 422,775
05/22/25 Purchase US Treasury 550,000
05/23/25 Purchase FNMA Gtd Remic 397,203
05/23/25 Purchase FNMA Gtd Remic 426,946
05/29/25 Purchase Citibank 250,000
Total 3,565,828$

SALES, MATURITIES, CALLS OR WITHDRAWALS
05/02/25 Sold US Treasury Note 141,469$
05/08/25 Sold US Treasury Note 408,551
05/14/25 Matured Enterprise Bank 245,000
05/15/25 Sold Amazon Com Inc 291,999
05/15/25 Matured Flagstar Bank 245,000
05/21/25 Sold Glaxosmith Kline Cap 416,568
05/22/25 Sold Cooperatieve Centrale Raiffeis 546,568
05/27/25 Paid Down FHLMC Multiclass Mtg 124
05/27/25 Paid Down FHLMC Multiclass Mtg 11,541
05/27/25 Paid Down FNMA Gtd Remic 556,161
05/30/25 Sold US Treasury Note 99,367
Total 2,962,347$
ACTIVITY TOTAL 603,481$

INTEREST REVENUE

GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 10,874$

POOLED INVESTMENTS
Interest Earned on Investments 123,286$
TOTAL INTEREST EARNED 134,161$
Data Source: Monthly Download of Transactions from US Bank Council Agenda 7-1-2025 9.C-3
Attachment 2
Packet Page 19

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending: 5/31/2025 Bank Account Description Bank ID Beginning Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Checking US Bank 10,349,143$ 6,569,857$ (5,787,349)$ -$ (1,048,654)$ 10,082,997$ LAIF LAIF 410,824 - - - - 410,824 PFM Asset Management LLC CAMP 14,961,567 56,202 - - - 15,017,769 Total all Bank Accounts 25,721,534$ 6,626,059$ (5,787,349)$ -$ (1,048,654)$ 25,511,590$ Fund Description Fund # Beginning Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
General Fund
General Fund 1001-10101 4,093,068 3,803,714 (2,860,523) - - 5,036,260 General Fund-Reserve 1001-10105 8,442 20 - - - 8,462 Half Cent Sales Tax Fund 1002 2,620,734 (566,093) - - - 2,054,641 Special Revenue Funds
Gas Tax Fund 2001 583,208 29,594 - - - 612,802 LTF - Streets 2002 500,359 45,944 - - - 546,303 PEG Access Fund 2003 127,639 8,587 - - - 136,226 Police Grant Fund 2004 158,000 296 - - - 158,297 Housing In Lieu Fund 2005 349,822 710 - - - 350,531 LBID Fund 2006 1,411,977 166,409 (243,565) - - 1,334,821 Chapman House 2007 (65) 2,179 (2,113) - - 2 Capital Projects Funds
Capital Projects Fund 3001 1,786,076 203,177 (1,880,437) - - 108,816 Public Facilities Fund 3002 945 2 - - - 948 Park Development Fund 3003 356,297 341 - - - 356,638 Circulation Fund 3101 621,514 (1,037) - - - 620,477 Development Impact Fee Fund 3102 165,734 314 - - - 166,048 Developer Impact Fee Fund 3103 179,959 424 - - - 180,382 Underground Utility Fund 3201 17,791 42 - - - 17,833 Council Agenda 7-1-2025 9.C-4
Attachment 3
Packet Page 20

Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund City of Pismo Beach - Bank Account Proof of Cash for the month ending:5/31/2025 Fund Description Fund # Beginning Balance Cash Receipts Disbursements Transfers-In Transfers-Out Ending
Balance
Debt Service Funds
Public Finance Authority Fund 4001 - - - - - - Public Finance Authority Fund 4002 - - - - - - Freeway Foothills AD Fund 4101 823 2 -- - 825
Spyglass AD Fund 4102 13,704 32 -- - 13,736
Indio-El Portal AD Fund 4112 796 2 -- - 798
Visalia Street AD Fund 4113 10,827 25 -- - 10,853 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 4,373,420 637,106 (131,960) -- 4,878,566 Water Construction Fund 6103 723,354 147,487 (141,070) -- 729,771 Water Expansion Fund 6104 505,285 1,190 -- - 506,475 Water Central Coast Blue JPA 6105 7,918 613 (6,429) -- 2,102 Wastewater Enterprise Fund 6201 761,531 357,674 (117,653) -- 1,001,552 Wastewater Construction Fund 6202 2,055,311 43,153 (37,422) -- 2,061,042 Wastewater Expansion Fund 6203 622,938 1,467 -- - 624,405 Wastewater CCB JPA 6204 16,078 1,244 (13,053) --4,269 LTF - Transit Fund 6301 - - - - - -
Pier Operations Fund 6401 16,984 1,746 (5,011) -- 13,719 Parking Fund 6501 357,593 284,223 (86,368) -- 555,448 Internal Service Funds
Technology Service Fund 7101 32,397 115,477 (129,888) -- 17,987 Motor Vehicle Fund 7201 1,340,921 116,170 (68,262) -- 1,388,829 Trust & Agency Funds
SLO County TMD 8201 49,910 130,922 (123,736) -- 57,097 Control Funds
Payroll Control Fund 9301 1,582,056 1,032 60,337 -- 1,643,425 Interest Control Fund 9302 84,836 41,476 -- - 126,312 Utility Billing Control Fund 9304 183,350 1,544 -- - 184,895 M/R Control Fund 9305 - - - - - -
Total all cash funds 25,721,534 5,577,208 (5,787,151) -- 25,511,590 Council Agenda 7-1-2025 9.C-5
Attachment 3
Packet Page 21

INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 297,978 (122,296) - - - 175,682 General Fund - CD's 1001-10404 3,960,033 (90,000) - - - 3,870,033 General Fund - Fed Agency 1001-10405 4,049,000 - - - - 4,049,000 GF Reserve Money Mkt Cash 1001-10109 351,471 (351,471) - - - 0 GF Reserve - CD's 1001-10403 3,182,967 (400,000) - - - 2,782,967 GF Reserve - Fed Agency 1001-10402 2,208,000 - - - - 2,208,000 GF Reserve - Building 1001-10406 202,000 - - - - 202,000 GF Reserve - Building - Federal A1001-10146 298,000 - - - - 298,000 GF Reserve - Risk Mgmt - CD's 1001-10407 200,000 - - - - 200,000 GF Reserve - Risk Mgmt - Fed A g1001-10140 50,000 - - - - 50,000 GF Corp Bond - Pooled 1001-10141 1,420,326 (321,676) - - - 1,098,650 GF Corp Bond - Reserve 1001-10145 1,034,827 424,983 - - - 1,459,809 GF Municipal Bonds Pooled 1001-10142 - - - - - - GF Municipal Bonds Reserve 1001-10143 - - - - - - Risk Mgmt Muni Bonds Reserve 1001-10144 - - - - - - GF Treasury Note 1001-10410 7,936,627 57,266 - - - 7,993,893 GF Treasury Bill 1001-10411 - - - - - -
GF Mortgage Back Sec 1001-10412 3,112,875 391,345 - - - 3,504,221 GF Reserve Treasury Note 1001-10413 1,463,424 - - - - 1,463,424 GF CREB's Fiscal Agent 1001-10515 (0) - - - - (0) GF - Half Cent Sales Tax CD's 1002-10404 245,000 - - - - 245,000 GF - Half Cent Sales Tax Fed Age1002-10405 500,000 - - - - 500,000 GF - Half Cent Sales Tax Mny Mk 1002-10108 304,960 (304,960) - - - 0 Half Cent Sales Tax - Pooled 1002-10141 105,000 250,000 - - - 355,000 Half Cent Sales Tax - Muni Bond 1002-10142 - - - - - - Half Cent Sales Tax Treasury Note1002-10410 1,139,955 550,000 - - - 1,689,955 Half Cent Sales Tax Mortg Back S1002-10412 189,993 - - - - 189,993 Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 (0) 170 - - - 170 Housing In Lieu Fund 2005-10404 140,000 - - - - 140,000 Housing In-Lieu Fed Agencies 2005-10405 140,000 - - - - 140,000 Housing In-Lieu Treasury Note 2005-10410 - - - - - - LBID Fund Money Market Cash 2006-10108 (0) 13,127 - - - 13,127 LBID Fund - Treasury Note 2006-10410 1,315,918 - - - - 1,315,918 LBID Fund Mortgage Back Sec 2006-10412 575,591 (11,541) - - - 564,050 Capital Projects Funds
Capital Proj Fund Mny Mkt Cash 3001-10108 0 11,870 - - - 11,870 Capital Projects Fund - Pooled 3001-10141 403,640 - - - - 403,640 Capital Projects Fund - Fed Agen 3001-10405 1,000,000 - - - - 1,000,000 Capital Proj Fd Mortgage Back Se3001-10412 556,682 - - - - 556,682 Park Develop. Fund Mny Mkt 3003-10108 - - - - - - Park Development Fund 3003-10404 - - - - - - Park Develop Federal Agencies 3003-10405 - - - - - - Circulation Fees Mny Mkt 3101-10108 - - - - - - Circulation Fees 3101-10404 - - - - - -
Develop. Impact Fee Mny Mkt 3102-10108 0 1,020 - - - 1,020 Development Impact Fee Fund 3102-10404 245,000 - - - - 245,000 Impact Fees Federal Agencies 3102-10405 - - - - - - Council Agenda 7-1-2025 9.C-6
Attachment 3
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INVESTMENTS
Debt Service Funds
Capital Proj Fund - Fiscal Agent 3001-10511 31,161,482 124,193 - - - 31,285,675 Public Fin Fiscal Agent-Pier 4002-10510 19,590 1,049,516 - - - 1,069,106 Public Fin Fiscal Agent-PSF 4002-10511 - - - - - - Public Fin Fiscal Agent-CREBs 4002-10515 717 (717)- - - 0 Visalia Street AD Fund 4113-10108 - 388 - - - 388 Visalia Street CD's 4113-10404 100,000 - - - - 100,000 Enterprise Funds
Water Fund Money Mrkt Csh 6101-10108 0 67,656 - - - 67,656 Water Fund CD's 6101-10404 735,000 - - - - 735,000 Wtr Fund Federal Agencies 6101-10405 2,155,000 - - - - 2,155,000 Wtr Fund Corp Bond - Pooled 6101-10141 2,786,547 (42,132) - - - 2,744,415 Water Fund Treasury Note 6101-10410 1,171,133 - - - - 1,171,133 Water Construction Money Mkt 6103-10108 (0) 85 - - - 85 Wtr Constr. Fd Corp Bond-Pool 6103-10141 393,028 - - - - 393,028 Water Construction 6103-10404 504,363 - - - - 504,363 Water Expansion Fd Mny Mkt Cas6104-10108 (0) 127,593 - - - 127,593 Wtr Expansion Fund - Pooled 6104-10141 546,568 (546,568) - - - - Water Fund Treasury Note 6104-10410 - 422,775 - - - 422,775 Wastewater Fund Money Market C6201-10108 - 6,775 - - - 6,775 Wastewater Fund CD's 6201-10404 490,000 - - - - 490,000 Wastewater Fund Fed Agencies 6201-10405 2,100,000 - - - - 2,100,000 WWtr Fund Corp Bond - Pooled 6201-10141 1,504,848 - - - - 1,504,848 WWtr Fund Treasury Note 6201-10410 - - - - - - Wastewater Expansion Fund Mny 6203-10108 - 3,633 - - - 3,633 WWtr Expansion Fd Mortgage Ba6203-10412 1,094,546 - - - - 1,094,546 Parking Enterprise Money Mrkt 6501-10108 - 2,761 - - - 2,761 Parking Fund Corp Bond-Pooled 6501-10141 - -- - - - Parking Enterprise 6501-10404 980,000 - - - - 980,000 Parking Fund Federal Agencies 6501-10405 - - - - - - Parking Fund Treasury Note 6501-10410 - - - - - - Internal Service Funds
MVR Fund Money Mrkt Csh 7201-10108 0 - - - - 0 MVR Fund CD's 7201-10404 1,526,000 - - - - 1,526,000 MVR Fund Federal Agencies 7201-10405 250,000 - - - - 250,000 MVR Fund Treasury Note 7201-10410 1,361,836 (408,551) - - - 953,285 MVR Mortgage Back Securities 7201-10412 - 426,946 - - - 426,946 CalPers Benefit Trust
OPEB Trust Account 8101-10408 5,610,818 - - - - 5,610,818 Total all Investments 91,120,742$ 1,332,191$ -$ -$ -$92,452,933$ Total all Funds 116,842,276$ 6,909,399$ (5,787,151)$ -$ -$117,964,523$ Council Agenda 7-1-2025 9.C-7
Attachment 3
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D
Meeting Date: July 1, 2025

TITLE:

Update on January 9, 2023 and January 12, 2017 Emergency Proclamations

RECOMMENDATION:

1. Review the need for continuing currently active local emergency proclamations;

2. Provide direction to staff if desired.

DISCUSSION:

Chapter 2.32 of the Pismo Beach Municipal Code empowers the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by an emergency and the City Council is not in session. An emergency exists when conditions are beyond the control of the services, personnel, equipment, facilities, and existing laws of the City. The declaration is an acknowledgement of the need for additional resources and expedited procedures to deal with the emergency. The Director of Emergency Services’ declaration is subject to City Council ratification within seven days.

Currently active Emergency Declarations are those ratified by Resolution R-2023-001 on January 11, 2023, relating to winter storm damage, and by Resolution R-2017-012 on January 17, 2017, relating to winter storm damage. In accordance with Government Code Section 8630, the City Council is required to review the need for continuing the local emergency at least once every 60 days until the emergency is terminated. The following status report is provided for the Council’s information. No action is recommended, but direction may be given to staff if desired.

January 11, 2023 Proclamation: Winter Storms
The City Council declared a state of emergency on January 11, 2023, via Resolution R- 2023-001 1, ratifying the Emergency Services Director’s proclamation of a local emergency in response to the January 2023 winter storms. On January 9, 2023, the County of San Luis Obispo declared an emergency which was followed by a declaration by Governor Newsom for the region. On January 14, 2023 President Biden approved a major disaster declaration for the January storms, making federal disaster aid available.

The storms, which began the first week of January, took a toll on the community, causing conditions of peril to the safety of persons and property due to flooding, bluff erosion, strong winds and other storm related damages.

Summary of Current Events
The Pier Avenue Storm Drain Outfall site has been approved by the Federal Emergency Management Agency (FEMA) for a permanent repair project to replace the outfall pipe

1 Full URL:
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that was washed away during the storm. The City has received $620,838.75 in funding for completion of the repair project. A contract for engineering design services to prepare a construction bid package has been executed. Construction is anticipated to take place summer of 2025. Staff has also submitted a request for reimbursement of management costs that were incurred working on the disasters. The City is eligible to receive 5% of total obligations, approximately $35,000, which will be disbursed after the Pier Avenue project has been constructed.

January 12, 2017 Proclamation: Winter Storms
The Pismo Beach City Council declared a state of emergency on January 12, 2017, via Resolution R-2017-012 2, in response to the January 2017 winter storms. Shortly after the Council’s declaration, the County of San Luis Obispo declared an emergency which was followed by a declaration by Governor Jerry Brown for the region. On February 14, 2017 and March 16, 2017 the President declared a major disaster for the early and late January storms, making federal disaster aid available. The storms, which began the first week of January, took a toll on the community, culminating with a Caltrans storm drain failure on Highway 101, which caused flooding of two hotels on Price Street, blockage of the City’s Franklin storm drain outfall and debris scattered along Highway 101, Price Street and sidewalk, on Franklin Drive and various private parcels on January 20, 2017.

Summary of Current Events
On June 18, 2025 Caltrans approved a full Advance Construction (AC) conversion to federal funds for the Cliff Avenue and Ocean Boulevard site. The City is now eligible to begin reimbursable work and submit for reimbursements. Staff are working to finalize the bid package and anticipates advertising for construction bids in July 2025.

FISCAL IMPACT:

There is no direct fiscal impact from this report.

January 2023 Winter Storms
The cost of damage from the January 2023 storms is estimated to be about $26 million.

January 2017 Winter Storms
The cost of damage from the January 2017 storms is approximately $12 million.

ATTACHMENTS:

None.

Prepared by: Erin Olsen, Senior Management Analyst
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.E
Meeting Date: July 1, 2025
TITLE:

Award of Contract to Achievement House, Inc. for Litter Removal and Cleanup Services
RECOMMENDATION:

DISCUSSION:

For many years, the City has contracted out litter removal and cleanup services for the downtown core, beach, and surrounding roadways. This service helps maintain a clean and welcoming environment for the public while also reducing the workload on City staff.

The current contract for Litter Removal and Cleanup Services expires on June 30, 2025.

Staff issued a formal Request for Proposals (RFP) for litter removal and cleanup services for Fiscal Year (FY) 2026 through FY 2027. On May 29, 2025 one proposal was received from Achievement House, Inc. (Achievement House). Staff has reviewed the proposal and determined that the proposal is responsive and meets the City’s service requirements. There is no cost increase associated with Achievement House’s services for FY 2026 and a $1,180 annual increase for FY 2027.

Conclusion and Recommendation
Staff recommends that the Council adopt a resolution (Attachment 1) authorizing the City Manager to enter into a Professional Services Agreement (Attachment 2) with Achievement House, Inc. in the amount of $165,689.20 for litter removal and cleanup services throughout the city of Pismo Beach for FY 2026 and FY 2027.

FISCAL IMPACT:

The fiscal impact of adopting the attached resolution is $165,689.20 over two years, or $82,254.60 for FY 2026 and $83,434.60 for FY 2027. There is sufficient budget the FY 2026 and FY 2027 General Fund Public Works Department Facilities Division budget to support these services.

ATTACHMENTS:

1. Resolution

2. Professional Services Agreement
Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Rosemarie R. Gaglione, PE, Director of Public Works City Manager Approval:

Council Agenda 7-1-2025 9.E-1
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RESOLUTION NO. R-2025-XXX

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

CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A TWO-YEAR PROFESSIONAL SERVICES AGREEMENT WITH ACHIEVEMENT HOUSE, INC. IN THE AMOUNT OF $165,689.20 FOR LITTER REMOVAL AND CLEANUP SERVICES THROUGHOUT THE CITY FOR FISCAL YEARS 2026 AND 2027
WHEREAS, for many years, the City has contracted out litter removal and cleanup services to help maintain a clean and welcoming environment in the downtown core, beach, and surrounding roadways; and
WHEREAS, the current contract for Litter Removal and Cleanup Services expired on June 30, 2025; and
WHEREAS, staff issued a formal Request for Proposals (RFP) for litter removal and cleanup services for Fiscal Year (FY) 2026 through FY 2027 and received one proposal on May 29, 2025; and
WHEREAS, staff has reviewed the proposal from Achievement House, Inc. (Achievement House) and determined that the proposal is responsive and meets the City’s service requirements; and
WHEREAS, there is sufficient funding in the FY 2026 and FY 2027 General Fund Public Works Department Facilities Division budget to support these services; and WHEREAS, Achievement House’s cost proposal is $165,689.20 over two years, or $82,254.60 for FY 2026 and $83,434.60 for FY 2027.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a two-year Professional Services Agreement with Achievement House, Inc., in substantially the form attached to staff’s report dated July 1, 2025, in the amount of $165,689.20 for litter removal and cleanup services throughout the City of Pismo Beach for Fiscal Years 2026 and 2027.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 1st day of July 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Council Agenda 7-1-2025 9.E-2
Attachment 1
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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Pismo Beach on _______________________.
________________________
Erica Inderlied, City Clerk
Council Agenda 7-1-2025 9.E-3
Attachment 1
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Vendor Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES
This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Achievement House, Inc. (“VENDOR”).

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

RECITALS:

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

Litter Removal and Cleanup Services
VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

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

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

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

III. COMPENSATION
A. VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of eighty-two thousand two hundred fifty-four dollars and sixty cents ($82,254.60) for FY 2026 and eighty-three thousand four hundred thirty-four dollars and sixty cents ($83,434.60 ) for FY 2027 for an aggregate total of one hundred sixty-five thousand six hundred eighty-nine dollars and twenty cents ($165,689.20), unless otherwise first approved in writing by CITY. Should this AGREEMENT 2 of 12
Vendor Agreement (Rev. 2/2/2018)
be extended pursuant to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.

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

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

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

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

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

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

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

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

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

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

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

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

B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the 4 of 12
Vendor Agreement (Rev. 2/2/2018)
services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.

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

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

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

B. Non-design, construction Professional Services:

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

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Vendor Agreement (Rev. 2/2/2018)
C. Design Professional Services:

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

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

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.

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

1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 6 of 12
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2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

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

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

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

B. Other provisions or requirements:

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

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

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

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

4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or Council Agenda 7-1-2025 9.E-6
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CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Notice will be sufficiently given for all purposes as follows:

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

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

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

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

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

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

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

G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this 10 of 12
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AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.

XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.

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

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

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

XXII. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.

XXIII. GOVERNING LAW; JURISDICTION
This AGREEMENT will be administered and interpreted under the laws of the State of California.

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

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

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

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XXVI. ATTORNEY’S FEES

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

XXVII. EXHIBITS

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

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

XXVIII. VENDOR’S AUTHORITY TO EXECUTE

The persons executing this AGREEMENT on behalf of the VENDOR warrant that:

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

XXIX. INTEGRATION; AMENDMENT

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

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

Signatures begin on next page.

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CITY:

City of Pismo Beach, a Municipal Corporation

Signed:

Name: Rosemarie R. Gaglione, PE
Title: Director of Public Works
Dated: ________________________________

Signed:

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

Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449

ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk

APPROVED AS TO FORM:

Signed:

Name: Dean J. Pucci
Title: Interim City Attorney
VENDOR:

Achievement House, Inc.

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________

Address for giving notice (See Section XVIII):
______________________________________
______________________________________

Email address for official communications:
______________________________________

Vendor Representative (See Section VIII):

Name/Title: ____________________________

Attachments:

Exhibit A: Scope of Service
Exhibit B: Compensation Schedule
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Pismo City Crew - Job Duties and Schedule Week Of: / / Duty Schedule
Mon. Tues. Wed. Thurs. Fri.Check in Daily For Special Duties Daily Mon. Tues. Wed. Thurs. Fri.Pismo Pier Parking Lot Area
Pick up trash throughout parking lot (including sand removal) and dirt parking lot Daily
Sweep driveway areas of dirt parking lot Daily
Pick up trash along boardwalk from Pier to Addie (including sand removal)Daily
Sweep beach accesses from Pier to Addie Daily
Remove sand from all shower areas Daily
Clean bait stations located on pier Tuesday and Friday
Clean trash can lids (all throughout town)Twice per week Sweep gutters in promenade area Three times per week
Sweep around all flower beds (palm trees)Three times per week Pick up trash along beach from Addie to north volleyball courts Three times per week Blow and/or sweep boardwalk Three times per week
Sweep stairs on boardwalk Three times per week
Hose down stairs, shower and all promenade area Three times per week Place trash bags in downtown trash cans on Fridays after South County Sanitation has dumped cans Friday
Remove weeds in planters As needed
Mon. Tues. Wed. Thurs. Fri.Streets of Pismo and 3 Upper Parking Lots Pick up trash from sidewalks and gutters on all streets from Pier Parking Lot to Addie Parking Lot and along Pomeroy and Dolliver Daily Pick up trash from 3 public parking lots (upper Pomeroy, South Main and North Main), including flower beds Daily
Pick up trash from Chamber parking lot and around building Daily Sweep Chamber parking lot As needed
Remove weeds As needed

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Duty Schedule
Mon. Tues. Wed. Thurs. Fri.Addie Parking Lot and Board Walk Daily Pick up trash from parking lot (includes sand removal)Daily Blow and/or sweep boardwalk Daily
Sweep stairs Daily
Clean shower (hose located in closet behind shower)Three times per week Mon. Tues. Wed. Thurs. Fri.Wadsworth Beach Access Three times per week Sweep stairs Three times per week
Sweep and remove sand from shower area Three times per week Pick up trash from gutters along street and side streets Three times per week Pick up trash along beach and Cypress bluff top
Mon. Tues. Wed. Thurs. Fri.Wilmar Beach Access
Pick up trash in parking area, along stairway and along beach Once per week Mon. Tues. Wed. Thurs. Fri.Dead end streets in Pismo
Pick up trash from all dead end streets (both sides of Highway 101)Once per week Blow and/or sweep walkway under Highway 101 Once per week Pick up trash from Pismo Vets parking lot Once per week Mon. Tues. Wed. Thurs. Fri.Wadsworth at Bello to Judkins Middle School Shovel and sweep gutter from Bello to School Twice per month Mon. Tues. Wed. Thurs. Fri.4th Street
Pick up trash from both sides of street from Five Cities Dr to City Limits Once per week Mon. Tues. Wed. Thurs. Fri.Five Cities Drive
Pick up trash from both sides of street Once per week
Remove weeds as needed Once per week
(or as requested)
Mon. Tues. Wed. Thurs. Fri.James Way
Pick up trash from both sides of street Once per week
Remove weeds as needed Once per week
(or as requested)

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Duty Schedule
Mon. Tues. Wed. Thurs. Fri.Rain/Storm Days
Clearing storm drain inlets and other storm debris from streets and parks as directed (Check with Supervisor)As Needed
Mon. Tues. Wed. Thurs. Fri.Stormwater Management Program BMP 6.10 Estimate daily amount of trash collected (total 5 gallon buckets)Daily Note: Crew may be called to assist Streets or Parks Divisions as needed. As time permits, crew may be assigned other duties in the areas trash/weed removal and other tasks withen their scope of work.

Supervisor: Crew Leader:

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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.F
Meeting Date: June 17, 2025
TITLE:

Adoption (Second Reading) of an Ordinance Adopting Maps Designating Moderate, High and Very High Fire Hazard Severity Zones (VHFHSZ) in the Pismo Beach Local Responsibility Area (LRA)
RECOMMENDATION:

Adopt an Ordinance adding Section 8.04.040, Fire Hazard Severity Zones, of the City of Pismo Beach Municipal Code.

DISCUSSION:

On June 17, 2025, the City Council introduced an ordinance designating Moderate, High, and Very High Fire Hazard Severity Zones (VHFHSZ) in the Pismo Beach Local Responsibility Area (LRA) as recommended by the Office of the State Fire Marshal, in accordance with the California Fire Code, and as required by Government Code Section 51179. The subject ordinance (Attachment 1) was introduced without modification, and it is now being returned for adoption.

The staff report for the June 17, 2025 agenda item, which includes background and analysis, is provided as Attachment 2.

Conclusion and Recommendation
Staff recommends that the City Council adopt an ordinance (Attachment 1) designating Moderate, High, and Very High Fire Hazard Severity Zones (VHFHSZ) in the Pismo Beach Local Responsibility Area (LRA) by addition of Section 8.04.040 to the Pismo Beach Municipal Code. If the Council acts to adopt the ordinance as recommended, it will become effective by statute 30 days thereafter.

FISCAL IMPACT:

There is no anticipated fiscal impact from staff’s recommendation. If adopted, the codification of this ordinance will be absorbed by the adopted City Clerk Division budget.

It is not anticipated that any cost associated with complying with the newly designated fire hazard maps will impact the existing adopted budget, which contains sufficient funds to support the cost of the City’s contract with Cal Fire for Fiscal Years 2026 through 2030.

ATTACHMENTS:

1. Ordinance as introduced

2. June 17, 2025 staff report (without ordinance attachment) Submitted by: Erica Inderlied, City Clerk
City Manager Approval:

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ORDINANCE NO. O-2025-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADDING SECTION 8.04.040, FIRE HAZARD SEVERITY ZONES, OF

THE CITY OF PISMO BEACH MUNICIPAL CODE
WHEREAS, the City Council finds that the prevention of wildfires is a matter of both local and statewide concern; and
WHEREAS, the City Council finds that wildfires are extremely costly to property owners, residents, and local and state agencies; and that wildfires pose a serious threat to the preservation of the public peace, health, and safety; and WHEREAS, the City Council finds that, because fire does not honor municipal boundaries, it is necessary that cities, counties, and state agencies cooperate on fire prevention measures in order to preserve the public peace, health, and safety; and WHEREAS, California Government Code Section 51179 and California Fire Code Section 4904.3.1 require a local agency to designate, by ordinance, Very High Fire Hazard Severity Zones within its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Government Code Section 51178; and
WHEREAS, the State Fire Marshal has released updated Fire Hazard Severity Zone Maps, including a map for the City of Pismo Beach Local Responsibility Area, as of March 10, 2025.

NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:

SECTION 1.

The foregoing recitals are adopted as findings of fact in support of this ordinance.

SECTION 2.

A new Section 8.04.040 of the Pismo Beach Municipal Code is hereby added, to read as follows:

8.04.040 Fire Hazard Severity Zones.

A.The City of Pismo Beach hereby designates the Fire Hazard Severity Zones as recommended by the Office of the State Fire Marshal pursuant to Government Code Section 51178, dated March 10, 2025, as the Fire Hazard Severity Zones for the City of Pismo Beach.

Attachment 1
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B.The subject Fire Hazard Severity Zones are depicted on the map entitled “Local Responsibility Area - Fire Hazard Severity Zones”, which map is attached to this Ordinance as Exhibit A, depicted in reduced form in Figure 1 below, and on file in the office of the Pismo Beach City Clerk and the Pismo Beach Fire Department. This map is hereby incorporated by reference as though fully set forth herein.

Figure 1
Fire Hazard Severity Zone Map,
City of Pismo Beach Local Responsibility Area, March 2025 SECTION 3.

Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the Attachment 1
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activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.

SECTION 4.

This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.

SECTION 5.

This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.

SECTION 6.

The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted. The City Clerk shall transmit a copy of this ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption, pursuant to California Government Code Section 51179(c).

Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.

INTRODUCED at a regular meeting of the City Council held this 17th day of June, 2025, on motion of Council Member Guthrie, seconded by Council Member Inman, and on the following roll call vote, to wit:

AYES: 5 Guthrie, Inman, Newton, Reiss, Waage
NOES: 0
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Attachment 1
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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2025, on motion of Council Member , seconded by Council Member , and on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney

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-2025-XXX, titled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADDING SECTION 8.04.040, FIRE HAZARD SEVERITY ZONES, OF THE CITY OF PISMO BEACH MUNICIPAL CODE, 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 ____th day of ______________, 2025. Witness my hand and official seal. ____________________________
Erica Inderlied, City Clerk
Attachment 1
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Exhibit A
Attachment 1
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #11.B
Meeting Date: June 17, 2025
TITLE:

Introduction (First Reading) of an Ordinance Adopting Maps Designating Moderate, High and Very High Fire Hazard Severity Zones (VHFHSZ) in the Pismo Beach Local Responsibility Area (LRA)
RECOMMENDATION:

1. Conduct a public hearing to receive input on the proposed ordinance;

2. Introduce an Ordinance adding Section 8.04.040, Fire Hazard Severity Zones, of the City of Pismo Beach Municipal Code.

DISCUSSION:

On March 10, 2025, the Office of the State Fire Marshal published new maps identifying Fire Hazard Severity Zones within Local Responsibility Areas (LRAs). The updated zones will be applied statewide across all jurisdictions. The City of Pismo Beach is required by state law (Government Code Section 51179) to adopt the maps within 120 days of their release.

After the devastating Oakland Hills Fire in 1991, Assembly Bill 337 required the Office of the State Fire Marshal to evaluate fire hazard severity in Local Responsibility Areas (LRAs) and make recommendations to local jurisdictions where Very High Fire Hazard Severity Zones (VHFHSZs) exist. In 2021, the law was amended to include both Moderate and Very High Fire Hazard Severity Zones.

LRAs are areas such as incorporated cities, urban regions, agricultural lands, and portions of the desert where the local government is responsible for wildfire protection.

This responsibility is typically handled by city fire departments, fire protection districts, counties, or by Cal Fire under contract.

According to the State Fire Marshal, the factors considered in determining fire hazard within wildland areas include fire history, flame length, terrain, local weather, and potential fuel over a 50-year period. Outside of wildlands, the model also accounts for factors that may threaten buildings, including terrain, weather, urban vegetation cover, blowing embers, proximity to wildlands, fire history, and fire hazards in nearby wildlands.

The State Fire Marshal’s office uses an extension of the State Responsibility Area Fire Hazard Severity Zone model as the basis for evaluating fire hazards in Local Responsibility Areas. The LRA hazard rating reflects the risks of ember intrusion from adjacent wildlands, as well as flammable vegetation within urban areas.

Government Code Section 51179 requires a local agency to designate, by ordinance, moderate, high and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal. A draft ordinance designating Council Agenda 6-17-2025 11.B-1
Attachment 2
June 17, 2025 Staff Report
Council Agenda 7-1-2025 9.F-7
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these areas, by adoption of the State Fire Marshal’s Fire Hazard Severity Zone map for the Pismo Beach LRA, is provided as Attachment 1.

In 2011, the total acreage classified as "Very High" fire hazard severity in Pismo Beach was 564 acres, according to the State Fire Marshal. As reflected on the map provided as Attachment 1.A, as of 2025, the updated classifications for the city are 746 acres in "Very High," 664 acres in "High," and 231 acres in "Moderate." Conclusion and Recommendation
Staff recommends that the City Council introduce an Ordinance (Attachment 1) designating Moderate, High, and Very High Fire Hazard Severity Zones (VHFHSZ) in the Pismo Beach Local Responsibility Area (LRA) as recommended by the Office of the State Fire Marshal, in accordance with the California Fire Code, and as required by Government Code Section 51179.

If the Council acts to introduce the Ordinance as recommended, it will be returned for adoption at the next available meeting and will become effective by statute 30 days thereafter.

FISCAL IMPACT:

There is no direct fiscal impact from staff’s recommended action. If ultimately adopted, the cost of codifying this ordinance will be absorbed by the City Clerk Division Budget. It is not anticipated that any cost associated with complying with the newly designated fire hazard maps will impact the existing adopted budget, which contains sufficient funds to support the cost of the City’s contract with Cal Fire for Fiscal Years 2026 through 20230.

ATTACHMENTS:

1. Ordinance

1.A. Exhibit A to Ordinance: State Fire Marshal Map for Pismo Beach LRA Prepared by:

Kevin McLean, Fire Marshal/Battalion Chief
Submitted by: Paul Lee, Battalion Chief
City Manager Approval:

Council Agenda 6-17-2025 11.B-2
Attachment 2
June 17, 2025 Staff Report
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item 9.G
Meeting Date: July 1, 2025
TITLE:

Local Coastal Program Local Assistance Grant Application to the California Coastal Commission
RECOMMENDATION:

DISCUSSION:

On June 3, 2025, the City Council adopted Resolution R-2025-033 authorizing the submission of a grant application to the California Coastal Commission (CCC) in the amount of $500,000 to assist with updating the City’s Local Coastal Program (LCP).

Subsequent to Council’s action, staff met with CCC staff and the Engineering Geologist on the project and determined that the scope for the sea level rise analysis would require additional data sources and policy development, increasing the cost of the LCP update.

To this end, staff is now returning to the Council with a request to increase the grant authorization amount from $500,000 to $900,000.

The City was previously awarded a total of $85,000 and $170,000 as part of the CCC Round 6 grant funding. To date, the City has received 100% of those funds. The City was also awarded $500,000 as part of CCC Round 7 grant funding. There is approximately $300,000 in Round 7 funds remaining which are currently being used to update the majority of the LCP, including the Land Use, Noise, Circulation, Conservation and Open Space Elements and the Zoning Code.

The current request for funding will allow the City to update the Safety Element, with a neighborhood-based planning and adaptation approach. The Parks, Recreation, and Access (PRA) Element is also proposed to be updated along with revisions to the zoning code for consistency with the Safety Element and PRA.

Conclusion and Recommendation
Staff recommends the City Council adopt a Resolution (Attachment 1) authorizing staff submittal of grant application to the CCC in an amount not to exceed $900,000.

This amount would recapture costs associated with staff and consultant time devoted to the project for approximately the next two to three years.

FISCAL IMPACT:

The fiscal impact of adopting the subject resolution is a potential for up to $900,000 in additional grant revenues. The City’s Fiscal Year 2026 Budget includes $350,000 in grant revenues and expenditures at this time. If the application is successful, the funds would reimburse costs associated with staff and consultant time. If the City is awarded this grant, Council Agenda 7-1-2025 9.G-1
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staff would return to Council to accept the grant and make any budget related changes as needed.

ATTACHMENTS:

1. Resolution
Prepared by: Brian Schwartz, Contract Planner
Submitted by: Scot Graham, Community Development Director City Manager Approval:

Council Agenda 7-1-2025 9.G-2
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RESOLUTION NO. R-2025-XXX

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

CALIFORNIA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION FOR, AND RECEIPT OF, UP TO $900,000 IN FUNDING TO ASSIST IN UPDATING THE CITY’S LOCAL COASTAL PROGRAM FROM THE CALIFORNIA COASTAL

COMMISSION
WHEREAS, the Budget Act of 2021 provides up to $31 million to support the Coastal Commission’s LCP Local Assistance Grant Program which awards grants to local governments to support coastal resiliency and updates to Local Coastal Programs (LCPs); and
WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act, may provide financial assistance to support coastal planning and has approved a grant program to provide such financial assistance for LCP planning; and WHEREAS, the goal of the grant program is to develop new or updated LCPs in conformance with the California Coastal Act and to promote coastal resiliency and address the effects of climate change; and
WHEREAS, grant proposals submitted under this grant program must complete Local Coastal Program (LCP) planning work with special emphasis on coastal resiliency and addressing the effects of climate change and sea-level rise; and WHEREAS, the City of Pismo Beach has an effectively certified LCP; and WHEREAS, the City of Pismo Beach desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an Amendment to the LCP in part; and
WHEREAS, the City of Pismo Beach commits to and agrees to fully support a planning effort intended to amend a certified LCP pursuant to the provisions of the California Coastal Act, with full public participation and coordination with the Coastal Commission staff.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the Community Development Director to:

1.Submit the grant application package to the California Coastal Commission to provide financial and planning assistance, under authority of the California Coastal Act, in an amount not to exceed $900,000 to fund the project more particularly described in the grant application package.

Council Agenda 7-1-2025 9.G-3
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2.Execute, in the name of the City of Pismo Beach, all necessary applications, contracts, and agreements and amendments thereto to implement and carry out the grant application package and any project approved through approval of the grant application.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 1st day of July 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Inderlied, City Clerk
Council Agenda 7-1-2025 9.G-4
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
Meeting Date: July 1, 2025
TITLE:

Agreement with Jones Mayer for Interim City Attorney Services and Other Legal Services
RECOMMENDATION:

DISCUSSION:

On May 15, 2025, the City received notice that the City’s Legal Services Agreement with Richards, Watson & Gershon (RWG) would terminate on June 30, 2025. Services provided by RWG have included contract City Attorney and Assistant City Attorney services. Staff published a request for proposals (RFP) for Interim City Attorney Services on May 27, 2025. Six responsive proposals were received, and on June 16, 2025, the City Council interviewed the top-ranked firms, ultimately selecting the firm of Jones Mayer.

On June 17, 2025, an agreement was executed within the City Manager’s purchasing authority for the two-week period of June 17, 2025, through June 30, 2025. In accordance with the anticipated scope of services presented in the RFP, staff now recommends that the City Council authorize a six-month agreement with Jones Mayer, in order to continue Interim City Attorney services and other legal services through December 31, 2025. Near the conclusion of that six-month period, the Council will be asked to provide direction to staff on whether to proceed with a longer-term agreement with the firm for permanent City Attorney services.

Alternatives
The Council may direct staff to take other action with respect to an agreement for Interim City Attorney Services, however due to the essential nature of the duties performed by the City Attorney, staff does not recommend allowing a vacancy in the position to be created.

Conclusion and Recommendation
Staff recommends that the City Council adopt a resolution (Attachment 1) authorizing the City Manager to sign a Legal Services Agreement with Richard D. Jones, a Professional Law Corporation, DBA Jones Mayer, for Interim City Attorney Services and other legal services for a term ending December 31, 2025. The Legal Services Agreement with Jones Mayer is provided as Attachment 2.

FISCAL IMPACT:

The fiscal impact of approving the attached resolution is an estimated to result in legal services cost of $200,000 for the first six months of Fiscal Year (FY) 2026. This estimate Council Agenda 7-1-2025 12.A-1
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is based on the prior firm’s average monthly cost of $31,847 at an hourly rate of $215 in FY 2025. The proposed agreement with Jones Mayer includes an hourly rate of $225 per hour, representing a 4.65% increase. Assuming a similar number of hours worked, total costs are projected to be approximately $200,000 for six months.

The City’s FY 2026 General Fund Legal budget has sufficient budget to support this cost and will be charged based on actual services provided. It is anticipated that the initial two months of services will require additional costs while the new firm becomes familiar with various legal matters related to the City.

Staff will monitor the cost and provide updates to the City Council on the legal services costs and whether any adjustments beyond the budgeted amount for FY 2026 are necessary.

ATTACHMENTS:

1. Resolution

2. Legal Services Agreement
Submitted by: Jorge Garcia, City Manager
City Manager Approval:

Council Agenda 7-1-2025 12.A-2
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RESOLUTION NO. R-2025-XXX

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

CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE A LEGAL SERVICES AGREEMENT WITH RICHARD D. JONES, A PROFESSIONAL LAW

CORPORATION, DBA JONES MAYER, FOR INTERIM CITY ATTORNEY SERVICES AND OTHER LEGAL SERVICES THROUGH DECEMBER 31, 2025
WHEREAS, on May 15, 2025, the City received notice that the City’s Legal Services Agreement with Richards, Watson & Gershon (RWG) would terminate on June 30, 2025; and
WHEREAS, services provided by RWG have included contract City Attorney and Assistant City Attorney services, and as such staff published a request for proposals (RFP) for Interim City Attorney Services on May 27, 2025; and WHEREAS, on June 16, 2025, the City Council interviewed the top-ranked firms, ultimately selecting the firm of Jones Mayer; and
WHEREAS, on June 17, 2025, an agreement was executed within the City Manager’s purchasing authority for the two-week period of June 17, 2025 through June 30, 2025; and
WHEREAS, in accordance with the anticipated scope of services presented in the RFP, staff now recommends that the City Council authorize a six-month agreement with Jones Mayer, in order to continue services through December 31, 2025; and WHEREAS, near the conclusion of that six-month period, the Council will be asked to provide direction to staff on whether to proceed with a longer-term agreement with the firm for permanent City Attorney services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute a Legal Services Agreement with Richard D.Jones, a Professional Law Corporation, dba Jones Mayer, for Interim City Attorney services and other legal services for a term ending December 31, 2025, in substantially the form attached to staff’s report dated July 1, 2025.

BE IT FURTHER RESOLVED that the City Manager is authorized and directed to take such other action as is necessary to transition Interim City Attorney legal services from Richards, Watson & Gershon to Jones Mayer.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 1st day of July 2025, by the following vote:

Council Agenda 7-1-2025 12.A-3
Attachment 1
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AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

QM]
JONES MAYER ---LAW--- www.jones-mayer.com LEGAL SERVICES AGREEMENT for CITY OF PISMO BEACH 1.IDENTIFICATION OF PARTIES. This Agreement is made between JONESMA YER, hereafter referred to as "Law Firm," and the CITY OF PISMO BEACH, hereafter referred to as "Client." This Agreement is required by Business and Professions Code section 6148 and is intended to fulfill the requirements of that section. 2.LEGAL SERVICES TO BE PROVIDED. The legal services to be provided byLaw Firm to Client are as follows: to serve as the designated Interim City Attorney for the Client, and to provide the corresponding Legal Services as needed. See Attachment A for further details on the Scope of Work to be provided. Said legal services and representation are hereby assigned to Law Firm. 3.RESPONSIBILITIES OF ATTORNEY AND CLIENT. Law Firm will performthe legal services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client's inquiries and communications. Client will be truthful and cooperative with Law Firm and keep Law Firm reasonably informed of developments; as well as make timely payments required under this Agreement. 4.ATTORNEY'S FEES. Client will pay Law Firm for attorney's fees for the legalservices provided under this Agreement as described in Attachment B Law Firm will charge in minimum units of one tenth of an hour. Law Firm will provide General Legal Services to the City for blended attorney rate of $225.00 per hour. All Special/Extraordinary Legal Services requested by the client and all Litigation will be billed at a rate of $275.00 per hour. Northern California 6349 Auburn Blvd.

Citrus Heights, CA 95621
(916)771-0635
Southern California
3777 N. Harbor Blvd.

Fullerton, CA 92835
(714) 446-1400
Council Agenda 7-1-2025 12.A-5
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All paralegal work will be done at the rate of $165.00 per hour.

Law Firm will charge for all activities undertaken in providing legal services to Client under this Agreement, including, but not limited to, the following: Travel, meetings, court appearances, correspondence and legal documents (review and preparation), legal research and telephone consultations.

Client acknowledges that Law Firm has made no promise about the total amount of attorney's fees to be incurred by Client under this Agreement.

5. RATE GUARANTEE. We will freeze our rates for a period of one year.

Thereafter, rates will automatically increase each year thereafter based upon the Consumer Price Index increase for the prior year, utilizing the month the retainer was approved, and the standard as established by the Bureau of Labor Statistics of the U.S. Department of Labor for consumers in the Los Angeles -Long Beach -Anaheim area, or another mutually agreed upon index.

6. COSTS. Client will pay all "costs" in connection with Law Firm's representation under this Agreement. Costs will be advanced by Law Firm and then billed to Client. We do not bill fax, word processing, or small reproduction matters (under 100 pages).

Law Firm will charge the client for actual necessary costs incurred for all of the following, including but not limited to: court filing fees, attorney services (includes service of process fees, e-filing fees, arbitrators, and mediators), messenger services, Lexis-Nexis/Westlaw research, overnight/express mail service, mileage (charged at the current IRS rate), parking fees, travel expenses, including hotel, air travel and car rentals, but excluding routine travel expenses to the City, actual costs for large reproduction projects if performed by an outside service, or $0.10 per page (b/w) and $0.20 per page (color) if performed in house, and any other expense not listed above which becomes necessary to the successful resolution of a client matter.

7. REPRESENTATION OF ADVERSE INTERESTS. Client is informed that the Rules of Professional Conduct of the State Bar of California require the Client's informed written consent before an attorney may begin or continue to represent the Client when the attorney has had a relationship with another party interested in the subject matter of the attorney's proposed representation of the Client. Client and Law Firm are not aware of any potential conflicts and have discussed them in detail. Law Firm will consult with Client in accordance with the requirements of the Rules of Professional Conduct as to any new Council Agenda 7-1-2025 12.A-6
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matters assigned to Law Firm after the entering of this Agreement regarding any potential conflicts of interest relating to such new matters.

8. DISCHARGE OF ATTORNEY. Client may discharge Law Firm, pursuant to state law, by written notice effective when received by Law Firm. Notwithstanding the discharge, Client will be obligated to pay Law Firm for all work performed to date, within thirty (30) days of its receipt of the final statement as set forth under the terms of this Agreement. Law Firm may terminate this agreement for any reason, provided Law Firm provides Client with sixty (60) days written notice. Client will be obligated to pay for all work performed through the end of the termination period.

9. STATEMENTS AND PAYMENTS. Law Firm will send Client monthly statements by the 15th of month for work completed the prior month, indicating attorney fees and costs incurred and their basis, any amount applied for deposits, and any current balance owed. If no attorney fees or costs are incurred for a particular month, or if they are minimal, the statement may be held and combined with that for the following month. Any balance will be paid in full within thirty (30) days after the statement is mailed and within thirty (30) days after final statement is submitted due to discharge of Law Firm.

10. INSURANCE. Law Firm will at all times maintain the following insurance coverage:

Professional Liability/Errors & Omissions 2,000,000/$4,000,000 General Liability 2,000,000/$4,000,000
Auto Liability 1,000,000 (including hired and non -hired) Workers Compensation State Mandated Limits or higher
Prior to starting work under this agreement, Law Firm will provide certificates of coverage for the above policies.

11. ENTIRE AGREEMENT. This Agreement contains the entire Agreement of the parties. No other Agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.

Council Agenda 7-1-2025 12.A-7
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12. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

13. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent Agreement of the parties only by an instrument in writing signed by both of them or an oral Agreement to the extent that the parties carry it out.

14. DISPUTE RESOLUTION. If any dispute or disagreement arises between Law Firm and Client as to any matter relating to the Agreement, including but not limited to the scope of services, the performance of the respective responsibilities of the Client and Law Firm, the quality of the services rendered, and the billing of such services, the Client and Law Firm agree to confer and attempt to resolve the matter informally. If the parties cannot agree, they agree that they will refer the dispute for resolution to mediation to the fullest extent permitted by law. The parties are aware that mediation is a voluntary process and pledge to cooperate fully and fairly with the mediator in an attempt to reach a mutually satisfactory compromise of any dispute or disagreement. The mediator shall be chosen by mutual agreement of the parties, and mediation shall commence within thirty (30) days of either party's written request to the other for mediation. Any agreement reached by the mediation shall be reduced to writing, be signed by both parties, and be binding on them.

This provision for mediation is an effort to protect, preserve, and respect the requisites of a productive attorney -client relationship, but shall be without prejudice to either party pursuing its other lawful remedies.

15. FILE RETENTION AND DESTRUCTION. At the conclusion of this matter, we will retain your legal files for a period of 10 years after we close our file. At the expiration of the 10-year period, we will destroy these files unless you notify us in writing that you wish to take possession of them. We reserve the right to charge administrative fees and costs associated with researching, retrieving, copying and delivering such files.

16. ARTIFICIAL INTELLIGENCE. Law Firm may use artificial intelligence tools in our representation of Client. If we do so, we will ensure your confidential information is maintained in confidence and that any writing or analysis produced by generative artificial intelligence is edited or confirmed by an attorney before use. If you have any questions or concerns about our use of artificial intelligence tools, please let us know.

Council Agenda 7-1-2025 12.A-8
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17. EXECUTION. This Agreement may be executed in counterparts and by fax or electronic signature. In executing this Agreement, the Client warrants (i) by executing this Agreement, the Client is formally bound to the provisions of this Agreement and (ii) the entering into this Agreement does not violate any provision of any other agreement to which the Client is bound.

18. EFFECTIVE DATE. The effective date of this Agreement will be July 1, 2025, and when it is executed by the last of the parties to do so. The term of this agreement is for 6 months, ending December 31, 2025, unless superseded sooner by a permanent legal services agreement.

The foregoing is agreed to by:

Dated: . 2025 By:

Title
Dated: . 2025 JONES MAYER
Ryan R. Jones, Owner
Council Agenda 7-1-2025 12.A-9
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Attachment A: Scope of Services
General Legal Services

1. Attend all workshops, closed, regular and special City Council meetings, all meetings of the Planning Commission, and attend other meetings when there is a request to do so. This may be accomplished with multiple attorneys.

2.Provide general legal services, routine legal assistance, advice and consultation to the City Council and City staff relating to the Meyers-Milias-Brown Act, general municipal and public law issues, potential tort liability, and risk management.

3.Except where conflict of interest rules require otherwise, supervise and coordinate the activities of all other counsel retained by the City or working behalf of the City.

4.Provide legal advice, telephone, email, and personal consultations with members of the City Council and City staff.

5.Attendance at weekly executive staff meetings, and other meetings with City staff upon request (virtual meetings acceptable) may be required.

6.Review and/or prepare legal opinions, staff reports, ordinances, resolutions, agreements, contracts, forms, notices, certificates, deeds, leases, and other documents required by the City.

7.Perform legal work pertaining to land use issues, including, but not limited to, property transactions (e.g., acquisitions, disposals), public improvements, easements, dedications, and right-of-way vacations.

8.Monitor pending and current state and federal legislation and court decisions, as appropriate, and provide written updates on those that have the potential to affect the City.

Provide suggested action or changes in operations or procedures to assure compliance.

9.Consult with the City Council and City staff as needed, render legal advice and opinions(both oral and written), and perform such other or additional general legal services as maybe requested by the City, acting by and through the City Council or the City Manager.

10.Enforce City codes, zoning regulations, and building standards through administrative and judicial actions.

Council Agenda 7-1-2025 12.A-10
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11.Provide training and guidance regarding the requirements of the Meyers-Milias-Brown Act, the Ralph M. Brown Act, Conflict of Interest (including Political Reform law and AB 1234), CEQA, the Elections Code, the Public Records Act, and other legal requirements imposed by statute and common law.

12.Advise the Council on municipal government legal matters, including the Brown Act and parliamentary procedures for running meetings.

13.Perform all duties of the office of City Attorney as provided in the Pismo Beach Municipal Code.

14.Promptly return all calls and e-mails from the City Council and City staff.

Litigation Services

1.Represent the City in civil litigation brought on behalf of or against the City, as directed by the City Council.

2.Provide litigation services to the City in any and all matters assigned by the City.

3.Prosecute misdemeanor and infraction violations of the City Municipal Code.

4.Oversee work by outside legal counsel.

Other Specialized Legal Services as Requested

1.Advice regarding taxes, assessments, fees, Proposition 218 proceedings, and other financial advice.

2.Environmental Legal Services other than routine review of negative declarations, environmental impact reports, and other project -level environmental documentation.

3.Real Estate services, other than routine review of escrow documents, title reports, and contracts of sale.

4.Advice regarding insurance coverage matters, such as advice and representation regarding coverage disputes.

5.Advice regarding water law and regulations.

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Attachment B: Compensation Schedule
Hourly Rates
General Legal Services 225 per hour
Special Legal Services 275 per hour
Litigation Services 275 per hour
Paralegal Services 165 per hour
General Legal Services are those services which involve regular, recurring legal and factual issues. General Legal Services include: attendance at City Council, Planning Commission and other subordinate City agency meetings, attendance at regular staff meetings, representing the City in intergovernmental projects, providing legal counsel and advice, both written and oral, to elected and appointed officials as to City business, working with City staff on all agenda items for City meetings, negotiation, drafting, review and revision of City agendas, routine agreements, contracts, instruments, ordinances, reports, resolutions, orders, forms, notices, and other documents as requested by City, and providing legal advice concerning Brown Act, CEQA, Public Records Act, Political Reform Act and other conflict of interest compliance, supervision and coordination of legal services performed by special and outside counsel, and recurring City Council and staff in-service training as requested by the City.

Special Legal Services include those matters which present unique legal and/or factual issues.

Special Legal Services differ from general legal services in that they are of an irregular non- recurring basis. Examples include all litigation, whether civil or criminal, code enforcement, City or Utility Authority work that is of unusual complexity or requiring an extraordinary dedication of attorney time, as determined by the City Manager or City Council, such as EIR Council Agenda 7-1-2025 12.A-12
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work, initiatives, negotiation and drafting of complex development agreements, complex/novel ordinances, comprehensive General Plan updates, or to the entire Zoning Code, etc. The City Attorney will not unilaterally designate any matter as a special project.

For any "special" matter, we will first obtain approval from the City Manager or City Council, and we will provide a proposed budget for said work.

Expense Reimbursement/Mileage. For all general legal services, we will not bill for travel time to and from our offices to City Hall. We generally do not bill fax, word processing, or small reproduction matters (under 100 pages). The firm will charge the City for actual necessary costs incurred for all of the following including but not limited to: court filing fees, attorney services (includes service of process fees, arbitrators, and mediators), messenger services, Lexis-Nexis research, overnight or express delivery services, mileage, parking fees, travel expenses, if applicable, including hotel, air travel and car rentals, actual costs for large reproduction projects if performed by an outside service, or $0.10 per page (b/w) and $0.20 per page (color) if performed in house, and any other expense not listed above which becomes necessary to the successful resolution of a client matter. In addition to the above, we will charge travel time for litigation and special services.

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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.B
Meeting Date: July 1, 2025
TITLE:
2024 Northern Cities Management Area (NCMA) Annual Report RECOMMENDATION:

No action recommended, for information only.

DISCUSSION:

A California Superior Court Ruling in 2008 adjudicated the rights to the Santa Maria Groundwater Basin (SMGB) to various agencies. Part of that ruling established three management areas, including the Northern Cities Management Area (NCMA), Nipomo Mesa Management Area (NMMA) and the Santa Maria Valley Management Area (SMVMA). Further, the ruling mandated that a monitoring program be established in each of the three Management Areas to collect and analyze data regarding water supply and demand conditions, and that an annual report be filed with the Court within 120 days after the end of each calendar year.

The NCMA is comprised of four agencies: the Cities of Arroyo Grande, Grover Beach, Pismo Beach, and the Oceano Community Services District. Through the NCMA Technical Group (TG), comprised of representatives from each agency, the member agencies work together to manage the SMGB and meet the annual reporting requirements.

The 2024 NCMA Annual Report1 (Attachment 1), prepared by GSI Water Solutions, Inc. (GSI), was filed with the Court as required on April 30, 2025. The following is a summary of the report’s highlights and important information
Groundwater Conditions
During 2024, water elevations generally increased in the NCMA portion of the Santa Maria Groundwater Basin (SMGB) in response to above-average rainfall received during the 2022/23 and 2023/24 winter season. The rise in water level is not only a direct result of above average precipitation, but is also attributed to groundwater recharge associated with the prolonged spill event of Lopez Lake from February 2024 through June 2024 as well as ongoing efforts by all NCMA agencies to minimize groundwater extraction and maximize surface water supply sources while maintaining the water conservation practices and requirements implemented during the recent drought.

Groundwater Levels
The most significant potential impact to the groundwater supply in the area is seawater intrusion. An indicator of whether the NCMA agencies and other stakeholders are successfully averting the threat of seawater intrusion is the groundwater elevation in the 1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=687316&dbid=0&repo=Laserfiche Council Agenda 7-1-2025 12.B-1
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NCMA sentry wells near the coastline. The average water elevations of three sentry wells––24B03, 30F03, and 30N02––make up a Deep Well Index. This index was developed by the NCMA in 2007 to gauge the ability of the aquifer to withhold potential landward migration of seawater. A Deep Well Index value above 7.5 feet North American Vertical Datum 1988 (NAVD 88) generally indicates that sufficient freshwater flow occurs from the east to the coastline to prevent seawater intrusion. History has shown that a prolonged period in which the Deep Well Index level is below 7.5 feet poses a risk of seawater intrusion. The following are evaluations of groundwater levels through the seasons in calendar year 2024.

Spring 2024
In the mostly urbanized areas north of Arroyo Grande Creek, groundwater is extracted from the deep groundwater aquifers of the Paso Robles Formation and the Careaga Sand. The water elevation contours in the deep aquifer system in spring of 2024 generally showed a westerly to southwesterly groundwater flow, as has been seen in past years.

These groundwater flow gradients and positive (above 0.0 NAVD 88) groundwater elevations are developed and maintained primarily because the NCMA agencies have managed this portion of the basin through collaborative water management and conservation efforts. The proactive basin management efforts by the agencies was necessary to respond to lower water levels in the Deep Well Index more than a decade ago. The combined NCMA efforts are to ensure that fresh groundwater flow to the ocean continues to create a barrier to seawater intrusion. April 2024 groundwater elevations in the deep aquifer system main production zone along the coast ranged from 11.3 to 18.1 feet above 0.0 NAVD 88, compared to 7.5 to 13.5 feet the previous year. In the southernmost portion of the area, the groundwater elevations, flow, and gradient are less well known because there are a limited number of wells and point sources of water level data. The groundwater gradient and flow in this area are generally inferred on the basis of historical records and trends as well as water level data from the Nipomo Mesa Management Area (NMMA) farther east.

The Cienega Valley is in the central area of the NCMA, generally south of Arroyo Grande Creek. All known groundwater pumping in this area is from the relatively shallow (less than 100 feet deep) alluvial aquifer. Agricultural groundwater production typically results in seasonal drawdown of the alluvial aquifer in the valley. Historically, a portion of the recharge to the alluvial aquifer of the Cienega Valley came from the Paso Robles Formation aquifer on the Nipomo Mesa. However, this recharge mechanism appears to be slowing due to declining water levels on the Nipomo Mesa. This reduction of subsurface inflow exacerbates the seasonal drawdown of the alluvial aquifer in the Cienega Valley. Groundwater elevations in the alluvial aquifer in the Cienega Valley were in the range of 10 feet to more than 50 feet above 0.0 NAVD 88 in spring 2024. These data show an overall increase in alluvial groundwater elevations from April 2023 to April 2024.

Fall 2024
Groundwater elevations in the alluvial aquifer within the Cienega Valley in October 2024 were 2 to 12 feet lower than elevations at the start of the irrigation season in April 2024, Council Agenda 7-1-2025 12.B-2
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which is a typical cyclical response to the irrigation season. No discernable pumping depression was observed in the Cienega Valley in 2024. October 2024 groundwater elevations in the deep aquifer system main production zone along the coast ranged from

10.7 to 15.9 feet above 0.0 NAVD 88.

Deep Well Index
In 2024, the Deep Well Index started the year above the trigger value with an index value

12.3 feet in January. The index value high occurred in April at 13.8 feet, and then generally declined, reaching a low point of 11.5 feet in October 2024.

NCMA/NMMA Boundary
The water elevation in the San Luis Obispo County monitoring well (Well 32C03), which was installed to monitor aquifer conditions along the NCMA/NMMA boundary, typically exhibits regular seasonal fluctuations. The groundwater elevation in 2024 continued to trend upward, consistent with reported groundwater levels in 2023. In 2024, well 32C03 ranged from 12.8 feet (October 2024) to 23.0 feet (April 2024) above mean sea level (NAV 88). The 2024 seasonal high-water level in Well 32C03 is the highest seen since 2012.

Change in Groundwater Storage
The change in groundwater in storage in the NCMA portion of the SMGB between April 2023 and April 2024 is estimated by comparing water level grids created for these periods and calculating the volume change from April 2023 to April 2024. The same selection of wells is used from the previous year to the current year. Separate estimates of change in groundwater in storage were computed for both the deep aquifer system and for the alluvial aquifer and then summed to represent the total NCMA estimated change in groundwater in storage. A comparison of April water levels was chosen to comply with the California Department of Water Resources (DWR) recommended reporting requirements.

An increase in groundwater in storage reflects a net increase in water levels across the aquifer. From April 2023 to April 2024, the NCMA portion of the SMGB experienced a net increase of groundwater in storage. The net increase in groundwater storage from April 2023 to April 2024 is calculated to be approximately 530 acre-feet (AF); that is, there was approximately 530 AF more groundwater in storage in the NCMA portion of the SMGB in April 2024 than in April 2023. This increase in groundwater in storage may be attributable to groundwater recharge from above-average precipitation during the winter of 2023/24 and from prolonged infiltration from Arroyo Grande Creek during the Lopez Lake spill event, which extended from February through June of 2024.

Groundwater Quality
Analytical results of key water quality data (chloride, total dissolved solids (TDS), and sodium) in 2024 were generally consistent with historical concentrations and observed ranges of constituent concentrations. In general, no water quality results from monitoring events throughout 2024 indicate an immediate threat of seawater intrusion.

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Water Supply and Production/Deliveries
Urban water use in 2024 among the NCMA agencies was 5,356 AF. Urban water use over the past 18 years has ranged from 5,240 AF in 2023 (the lowest in 20 years) to 8,982 AF in 2007. There has been an overall decline in urban use since 2007, although there have been slight increases since 2016. The decline in pumping since 2013 was at least in part, a result of the statewide order by the governor to reduce the amount of water used in urban areas by 20 percent. That goal was achieved locally by conservation activities implemented by the NCMA agencies, and the relatively low urban water use has been maintained since then.

Agricultural acreage in the NCMA portion of the SMGB has remained relatively constant for more than 20 years. Thus, the annual applied water requirement for agricultural irrigation has been relatively stable, although it varies with weather conditions.

Acknowledging the variability resulting from weather conditions, agricultural applied water is not expected to change significantly given the relative stability of applied irrigation acreage and cropping patterns in the NCMA. Changes in rural domestic pumping have not been significant.

Total water use in 2024 (including urban use by the NCMA agencies plus agricultural irrigation and private pumping by rural users) was 7,783 AF compared to 7,403 AF in 2023. Of this amount, Lopez Lake deliveries accounted for 4,173 AF (3,493 AF in 2023), State Water Project deliveries totaled 661 AF (1,213 AF in 2023), and groundwater pumping from the NCMA potion of the SMRVGB accounted for approximately 2,949 AF (2,697 in 2023). The City of Arroyo Grande produced 0 AF from its Pismo Formation wells, outside the SMGB, in 2024. The breakdown is shown in Table 1 below:

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Table 1. Water Production by Source (AF)
Agency Lopez
Lake
State
Water
Project
SMGB
Groundwater
Other
Supplies Total
Urban Area
Arroyo Grande 1,965 0 59 0 2,024
Grover Beach 791 0 436 0 1,227
Pismo Beach 1,099 380 15 0 1,494
Oceano CSD 318 281 12 0 611
Urban Water Use
Total 4,173 661 522 0 5,356
Non-Urban Area
Agricultural Irrigation
Applied Water 0 0 2,307 0 2,307
Rural Water Users 0 0 80 0 80
Non-potable
Irrigation by Arroyo
Grande
0 0 40 0 40
Non-Urban Water
Use Total 0 0 2,163 2,163
Total 4,173 661 2,949 0 7,783
Threats to Water Supply
Total groundwater pumping (urban, agriculture, and rural domestic) from the SMRVGB in the NCMA was 2,949 AF in 2024 which is 31 percent of the court-accepted 9,500 AF per year long term safe yield of the NCMA portion of the SMRVGB. In 2023, total groundwater pumping was 2,697 AF, or 28 percent of the long-term safe yield of the NCMA portion of the SMRVGB.

When pumping is less than the safe yield of an aquifer, groundwater in storage should generally increase and result in rising groundwater levels. As such, groundwater elevations throughout the NCMA portion of the SMGB should rise if several consecutive years of groundwater pumping occur at 30 to 40 percent of the safe yield, which has been the case in the NCMA for the past decade. However, the data show that the aquifer is still in a tenuous position with respect to the threat of seawater intrusion. According to the DWR Bulletin 63-3 report, both the Paso Robles Formation aquifer and the lower confined portion of the Cienega Valley alluvial aquifer are recharged primarily from subsurface groundwater inflow from the east, where the overlying confining layers are thin to non- existent (DWR, 1970). These recharge areas to the east include inland reaches of Arroyo Grande Valley and portions of the Nipomo Mesa (DWR 1907). Any increase in the regional pumping, or any other changes that reduce recharge from the east could result in a groundwater deficit in the NCMA and vulnerability to seawater intrusion.

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Historically, groundwater flowed from higher elevations in inland areas westward towards the ocean, thereby mitigating seawater intrusion. DWR (2002) documented a pumping depression in Spring 1975 in the deep aquifer system near Black Lake Canyon within the NCMA. By Spring 1995, DWR (220) documented that the pumping depression had expanded and reversed the coastward groundwater gradient. The groundwater pumping depression was documented in the first NMMA Annual Reports in 2008–2009.

The development of a landward gradient in the southern portion of the NCMA, caused by the pumping depression in the NMMA, reduces the historical recharge volume of subsurface inflow into the NCMA from Nipomo Mesa. This reduction of subsurface inflow to the NCMA creates conditions more likely to result in seawater intrusion in the NCMA and NMMA and it exacerbates the seasonal drawdown of the alluvial aquifer in the Cienega Valley.

During 2024, the groundwater flow direction in the northern portion of the NCMA was predominantly toward the ocean. However, along the southeast corner of the NCMA at the boundary with the NMMA, there is evidence of landward flow from the NCMA into NMMA. During 2024 there were no indications of seawater intrusion.

New Threat to Water Supply
In August 2024, a coalition of four environmental groups filed a lawsuit alleging that the County, which operates the Lopez Dam as San Luis Obispo County Flood Control and Water Conservation District Zone 3, is in violation of the Endangered Species Act, and requested an increase of releases from the Lopez Dam to support steelhead populations, and to provide fish passage past the dam. In December 2024, the US District Court ruled in favor of the plaintiffs and ordered a preliminary injunction that requires the County to increase downstream releases into Arroyo Grande Creek. The County is appealing the ruling and oral argument is set before the Ninth Circuit Court of Appeals on August 12, 2025. The additional downstream releases required by the preliminary injunction are detrimental to the resiliency of the water supply portfolios of Zone 3 contractors and to the goal of sustainable management of groundwater through periods of drought in the NCMA. The County has support from NCMA and other Zone 3 agencies, the California Farm Bureau, the San Luis Obispo Farm Bureau, the California State Association of Counties, the Pacific Legal Foundation. And numerous other entities.

Had the preliminary injunction been in place during 2020–2023, the dam would have reached “minimum pool” (poor water quality) in late 2020 to early 2021, and “dead pool” (no water deliveries) in the later half of 2021 into the beginning of 2023. This would have equated to 27 months of poor water quality, and 15 months without drinking water or other downstream deliveries from Lopez Lake. Minimum pool would also have been reached in the 2016/17 drought, with 15 months of poor water quality.

Legal proceedings are anticipated to continue in 2025.

FISCAL IMPACT:

There is no direct fiscal impact associated with this report.

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ATTACHMENTS:

1.2024 NCMA Annual Report (online attachment only2)
Submitted by: Rosemarie Gaglione, P.E., Director of Public Works City Manager Approval:
2 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=687316&dbid=0&repo=Laserfiche This attachment is available online only due to file size. A hard copy may be requested from the City Clerk’s Office.

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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.C
Meeting Date: July 1, 2025
TITLE:

Review of Housing In-Lieu Regulations, Including Use of In-Lieu Fee Funds RECOMMENDATION:

1.Receive an overview of the City’s current housing in-lieu policies/regulations, including approved uses for Housing In-Lieu Fee funds;

2.Provide direction on desired updates to the housing in-lieu regulations and/or use of in-lieu funds.

DISCUSSION:

On May 20, 2025, the City Council directed staff to return at a future meeting to provide an overview of the City’s Inclusionary Housing Requirements and Affordable Housing Incentives. The provisions for both Inclusionary Housing and Affordable Housing Incentives can be found in Chapter 17.26 of the Pismo Beach Municipal Code (PBMC), adopted by the City Council in 2000 and provided as Attachment 1 to this staff report.

Sections 17.26.020, 17.26.022 and 17.26.050.D of the PBMC outline methods for meeting the City’s inclusionary housing requirements, including use of in-lieu fees for new residential and commercial development.

To assist the City Council in discussion and direction to staff on any potential changes, below are the relevant PBMC sections related to Housing In-lieu fees, an overview of recent in-lieu fund activity, including programs the in-lieu fund has supported.

Relevant Municipal Code Sections

17.26.020 Inclusionary housing requirements.

The provisions of this chapter shall apply to all new residential and commercial projects within, and to be annexed to, the city.

A. Methods of Meeting Inclusionary Housing Requirements. New development projects shall satisfy the inclusionary housing requirement, as specified in Section 17.26.022 contained herein. To meet the inclusionary housing requirements, the developer shall comply with one or more of the following methods:

1. Construct the required number of affordable housing units, as specified in this chapter; or

2. Pay an in-lieu fee as described in this chapter; or

3. Dedicate existing dwelling units for affordable housing equal to or greater than the equivalent value to the applicable in-lieu fee which would otherwise be required by this chapter and table; or
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4. Dedicate real property for affordable housing equal to or greater than the equivalent value to the applicable in-lieu fee which would otherwise be required by this chapter; or

5. Use a combination of the above methods subject to the approval of the city council.

17.26.022 Applicability.

The provisions of this chapter shall apply to the following types and numbers of development projects:

A. Residential Developments. Residential development shall provide housing as set out below.

Fraction units less than 0.5 shall be rounded down to the first whole number unit, and fractional units of 0.50 percent or greater shall be rounded up to the next higher number unit.

For residential projects consisting of custom built dwelling units which are to be constructed subsequently to the completion of the subdivision, building valuation shall be determined by using the average building permit value of five recently constructed comparable dwelling units. Under circumstances where recent construction values cannot be used, the average value of constructed dwelling units listed as property improvements on the assessor's roll shall be used in calculating in-lieu fees.

1. For each ten residential units provide one affordable unit; or

2. For five or more residential units provide in-lieu fees equal to or more than five percent of building permit value; or

3. For each ten residential units dedicate one used dwelling or real property equal to or more than the applicable in-lieu fee; or

4. A combination of the above methods subject to city council approval;

5. Projects which involve subdivision of residential lots only shall be required to either:
a. Dedicate a number of lots equal to ten percent of the total, or an equivalent land area, to the city for future development of low and moderate income housing; or
b. Pay in-lieu housing fees established by the city ordinance; or c. A combination of the above methods subject to city council approval; d. Residential projects in which the total development on the property is more than one unit but less than twenty units shall be require to either provide affordable units on the same percentage bases specified in item 1 or to pay in-lieu fees as established by city ordinance. If affordable units are to be provided, the city may permit those units to be developed elsewhere at other appropriate sites within the city.

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e. The percentages of this housing set aside shall apply to the total development project and be proportionally included in annual phasing.

B. Commercial Developments in the City and for Annexed Properties Designated for Commercial Use. Commercial developments in the City or to be annexed shall:

1. For each five thousand sq. ft. of commercial area, provide one affordable unit; or

2. For a commercial building five thousand sq. ft. or greater, provide in- lieu fees equal to or more than two percent of building permit value; or

3. For each five thousand sq. ft. of commercial building provide one used dwelling or real property equal to the value of, or more than, the applicable in-lieu fee; or

4. A combination of the above methods subject to city council approval.

17.26.050.D In-lieu fee method/procedures.

D. Affordable Housing Fund. An in-lieu fee paid and collected pursuant to this chapter shall be deposited into an affordable housing fund. The affordable housing fund shall be administered by the city's finance director, and shall be used exclusively to provide funding for the provision of affordable housing and for reasonable costs associated with the development of affordable housing, at the discretion of the city council.

Recent Housing In-Lieu Fee Activity for FY 2021 to FY 2025 Provided below are the housing in-lieu fee revenues and expenditures for FY 2021 through year-to-date FY 2025 as well as the current fund balance.

Description Amount Balance
FY 2021 to FY 2025 Revenue
Housing In Lieu Fee Revenues $270,998
Net Interest Earnings $120,657
FY 2021 to FY 2025 Revenue Total $391,655
FY 2021 to FY 2025 Expenditures
Biological Analysis at 4th Street Lot ($6,600)
Overhead Expenses ($6,798)
Contributions to Outside Agencies ($64,600)
HASLO SB 2655 Road Project ($1,133,731)
People’s Self Help Housing Project
855 N. 4th Street ($2,500,000)
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FY 2021 to FY 2025 Expenditure Total ($4,711,729)

Current Housing In-Lieu Fee Fund Balance $601,710

In-Lieu Fund Program Uses
Housing in-lieu funds have been used for the following programs in the recent past:

• Construction/Rehabilitation: Building new affordable housing units, creation of special needs housing, transitional housing or renovating existing affordable units ensuring they remain safe, habitable and affordable.
• Local Matches: Contributing to the local match requirements for federal affordable housing grants.
• Property/Unit Acquisition: Purchasing property to build affordable housing or purchasing units to convert to or maintain as affordable housing • Supporting San Luis Obispo County Housing Trust Fund: In-lieu fees assist the Housing Trust Fund to increase the supply of affordable housing for very low, low and moderate income households, including households with special needs.

Other programs/uses for the funds:
• Smart Share Housing Solutions (SSHS). Program connects people and homes.

SSHS is a non-profit that administers three programs: HomeShare SLO, ADU SLO and Co-Living Collaborative.
• Peoples Self-Help Housing Solutions. Provides safe, healthy housing, and quality supportive health service for low-income residents and helps prevent homelessness among city residents.
• CAPSLO Energy Services Home Repair program. Provides low-income residents with minor home repairs so they can stay in their homes. • Rental Assistance. Funds can be used to establish a rental assistance program for low-income residents that are having difficulty making their rent payments. • Housing in-lieu funds may be disbursed, collateralized, or otherwise employed, but not limited to the following purposes: assistance to housing development corporations, equity participation loans, grants, pre-home ownership co- investment, pre-development loan funds, participation leases, or other public/private partnership arrangements. The affordable housing fund may be applied to the benefit of rental or owner-occupied housing or housing services. • Administration Costs. Funds may also be used to cover reasonable administrative expenses not reimbursed through processing or other fees, including: reasonable consultant and legal expenses related to the establishment and/or administration of the affordable housing fund; reasonable expenses for administering the process of calculating, collecting, and accounting for in-lieu and housing impact fees, and city administrative costs for the development, permitting, and the ongoing Council Agenda 7-1-2025 12.C-4
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monitoring of affordable housing projects constructed with affordable housing fund moneys.

Recommendation
Staff recommends that the City Council provide direction to on any desired changes to the City’s housing in-lieu policies or the way the City dispenses in-lieu funds. This may include modification of the existing ordinance, adopting a future resolution that outlines the policy direction of the City Council, or other actions as directed by the City Council.

FISCAL IMPACT:

There is no direct fiscal impact related to staff’s recommendation. If the City Council desires to direct staff to amend the City’s housing in-lieu regulations and/or policies for use of in-lieu fee funds, the fiscal impact of the action will be analyzed at the time the item is presented to the City Council for action.

ATTACHMENTS:

1. Inclusionary Housing Requirements and Affordable Housing Incentives, PBMC Chapter 17.26
Submitted by:

Scot Graham, Community Development Director
City Manager Approval:

Council Agenda 7-1-2025 12.C-5
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)%

*

+,+ $D

+

%

4
1

1

*

+E
1
$

.&/
'0

$$
$
Attachment 1
Council Agenda 7-1-2025 12.C-11
Packet Page 80

Pismo Beach City CouncilJuly 1, 2025

Pismo Beach City Council
July 1, 2025