Pismo Beach City Council
August 19, 2025

AGENDA
Pismo Beach City Council
Tuesday, August 19, 2025
Time Meeting Type Physical Location Virtual Viewing Option 5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual viewing is offered via Zoom.
2 Broadcast meeting also available for viewing on cable Channel 20 and online at pismobeach.org/agenda.

0. MEETING INSTRUCTIONS:

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

Watch and participate in person:
• Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. • To make public comment, please submit an optional blue “speaker slip” to staff; the Mayor will ask you to approach the lectern to speak during the public comment period on your item of interest.

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

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

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

Watch on Channel 20:
• Tune to local cable channel 20 in Pismo Beach; the meeting will be broadcast live. Meetings are also replayed at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day the following week.

Submit written comment prior to, or during, the meeting:
• In advance of the meeting, written comments may be emailed to [email protected] or mailed or delivered to the City Clerk’s Office, 760 Mattie Road, Pismo Beach, CA 93449. During the Regular Meeting no later than the start of the comment period for your item of interest, written comment may be hand-delivered to staff in the Council Chamber. Emails 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:
• 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 8-19-2025

Pismo Beach City Council Agenda August 19, 2025

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: Central Cost Community Energy Annual Report (3CE)

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

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

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

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

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

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

8. COUNCIL COMMITTEE REPORTS

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

2. California Joint Powers Insurance Authority (Reiss/Inman)

3. CAPSLO (Reiss)

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

5. Chapman Estate Foundation (Liaison) (Reiss)

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

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

8. Friends of Price House Liaison (Waage)

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

10. Homeless Services Oversight Council (Guthrie/Reiss)

11. Integrated Waste Management Authority (Newton/Inman)

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

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

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

15. SLOCOG (Waage/Reiss)

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

17. Visit SLO CAL Advisory Committee (Inman)

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

19. Zone 3 Water Advisory Committee, SLO (Guthrie/Inman) (Govt Code Section 53232.3)

Council Agenda 8-19-2025

Pismo Beach City Council Agenda August 19, 2025

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

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

Recommendation:

1. Adopt Minutes of the August 5, 2025 Closed and Regular Meeting.

2. Adopt Minutes of the August 8, 2025 Closed Session.

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

Recommendation:

1. Approve the Summary of Payroll Register for July 27, 2025;

2. Approve the Register of Demands for July 18, 2025, July 25, 2025 and August 1, 2025.

Item 9.C: 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.D: Agreement with Applied Technology Group for Radio and Computer Control and Display Systems for the Public Safety Facility (Garris)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into an agreement with Applied Technology Group, Inc. to provide an RGB Spectrum system, Avtec radio consoles, and Kenwood backend radio equipment for the Public Safety Facility in the amount of $661,025.99 in Fiscal Year 2026.

Item 9.E: Contract with San Luis Obispo County for Animal Care and Control Services for Fiscal Years 2026 through 2030 (Smith)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute a five-year contract with the County of San Luis Obispo for the provision of animal care and control services for the period from July 1, 2025, to June 30, 2030.

Council Agenda 8-19-2025

Pismo Beach City Council Agenda August 19, 2025

Item 9.F: Authorization for Change Orders #1 and #2 with Souza Engineering Contracting, Inc. dba Souza Construction and Notice of Completion for the Oak Park Medical Plaza Parking Lot Repair Project (Gaglione)

Recommendation:

1. Adopt a Resolution authorizing the City Manager to execute Change Order #1 in the amount of $50,356.41 and Change Order #2 in the amount of ($25,435.30) for a total net increase of $24,921.11 with Souza Engineering Contracting, Inc. dba Souza Construction for the Oak Park Medical Plaza Parking Lot Repair Project;

2. Accept the Oak Park Medical Plaza Parking Lot Repair Project as complete;

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

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: Declaration of City-Owned Property as Surplus Land and Implementation of Procedures Under the State of California Surplus Land Act and the Coastal Act; Making a Finding of Exemption under the California Environmental Quality Act (Graham)

Recommendation:

Adopt a Resolution declaring that real properties owned by the City located at APNs 010-302-030 and 010-302-031 are exempt surplus land and not necessary for the City’s use pursuant to Government Code Section 54221, authorizing the City Manager to comply with the procedures under the surplus land act, and finding that such declaration and authorization is exempt from environmental review under the California Environmental Quality Act.

Item 12.B: Pier Airstream Trailer Concession Discussion (Graham)

Recommendation:

Provide direction to staff regarding the use of an airstream trailer for concessions on the Pier.

Item 12.C: Introduction (First Reading) of an Ordinance Amending Pismo Beach Municipal Code Chapter 5.11 – Massage Establishments (Smith)

Recommendation:

Introduce an Ordinance amending Chapter 5.11 Article 1: Massage Establishments, of the Pismo Beach Municipal Code, Relating to Schools of Massage and other Administrative Provisions.

Council Agenda 8-19-2025

Pismo Beach City Council Agenda August 19, 2025

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

14. ADJOURNMENT

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

Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, September 2, 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 August 19, 2025 meeting(s) of the Pismo Beach City Council was posted on August 14, 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.

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 8-19-2025

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
Meeting Date: August 19, 2025
TITLE:

Adoption of Meeting Minutes
RECOMMENDATION:

1.Adopt Minutes of the August 5, 2025 Closed and Regular Meeting.

2.Adopt Minutes of the August 8, 2025 Closed Session.

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 August 5, 2025 Closed and Regular Meeting.

2.Draft Minutes of the August 8, 2025 Closed Session.

Submitted by:

Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 8-19-2025 9.A-1
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DRAFT MINUTES
Pismo Beach City Council
Tuesday, August 5, 2025
Special Closed Session—4:30 p.m.

City Hall, 760 Mattie Road, Pismo Beach, CA 93449
The City Council of the City of Pismo Beach met this date in a special closed session with Mayor Pro Tem Reiss presiding.

CALL TO ORDER: Mayor Waage called the meeting to order at 4:30 p.m.

1.ROLL CALL:

Present: Absent:

Mayor Pro Tem Mary Ann Reiss Mayor Ed Waage
Council Member Marcia Guthrie (arrived 4:31 p.m.)
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:

Jorge Garcia, City Manager
Scot Graham, Community Development Director
Mike James, Assistant City Manager
Dean Pucci, Interim City Attorney

2.ANNOUNCEMENT OF CLOSED SESSION ITEMS
Interim City Attorney Pucci announced the Closed Session items listed below.

Item 2.A: Conference with Real Property Negotiators (Government Code §54956.8) Property: 1243 Ocean Boulevard (APN 010-302-013)
1201 Ocean Boulevard (APN 010-302-012)
Agency Negotiator: Jorge E. Garcia
Negotiating Parties: Chapman Estate Foundation
Under Negotiation: Price and Terms of Payment
Item 2.B: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: Harmony Brown v. City of Pismo Beach, Jeff Smith, et al.

San Luis Obispo County Superior Court Case No. 25CV-0497 Council Agenda 8-19-2025 9.A-2
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3. PUBLIC COMMENT PERIOD

Call for public comment: No comment.

4. CLOSED SESSION

The Council retired to Closed Session to consider the above items.

5. CLOSED SESSION REPORT

Interim City Attorney Pucci would report in the next regular open session that no reportable action was taken on the above items.

6. ADJOURNMENT
At 5:25 p.m.

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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 Pro Tem Reiss presiding.

CALL TO ORDER: 5:30 p.m.

1. ROLL CALL:

Present: Absent:

Mayor Pro Tem Mary Ann Reiss Mayor Ed Waage
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton

Staff Present:

Rosemarie Gaglione, Director of Public Works
Jorge Garcia, City Manager
Vanessa Garris, Finance Manager
Scot Graham, Community Development Director
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Mike James, Assistant City Manager
Paul Lee, Battalion Chief
Dean Pucci, Interim City Attorney
Jeff Smith, Chief of Police
Other staff present as noted below

2. PLEDGE OF ALLEGIANCE

Mayor Pro Tem Reiss led the Pledge of Allegiance.

3. ACCEPTANCE OF AGENDA

No requests to reorder the agenda.

4. PRESENTATIONS

None.

5. PUBLIC COMMENT PERIOD

Call for public comment: No comment.

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6. CITY MANAGER’S REPORT

City Manager Garcia commented on various topics; commended Public Works Parks Division employees Noah Kennedy and Pancho Fuerte.

7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT

Interim City Attorney Pucci reported that the Council had taken no reportable action during its 4:30 p.m. Closed Session.

8. COUNCIL COMMITTEE REPORTS

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

Council Member Guthrie:

San Luis Obispo County Homeless Services Oversight Council.

San Luis Obispo County Zone 3 Water Committee.

9. CONSENT CALENDAR

Call for public comment: No comment.

Council Member Newton requested that Item 9.I be pulled for discussion.

Action: Adopt Consent Calendar.

Motion: Newton
Second: Guthrie

Vote: The motion passed on the following vote (Items 9.A through 9.H; Item 9.J):

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

Absent: 1 Waage
Abstain: 0
Recused: 0

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

Recommendation:

Adopt Minutes of the July 1, 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 29, 2025 and July 13, 2025;
Council Agenda 8-19-2025 9.A-5
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2. Approve the Register of Demands for June 13, 2025, June 20, 2025, June 27, 2025, July 4, 2025 and July 11, 2025.

Item 9.C: Paid Parking Quarterly Update—Fourth Quarter of Fiscal Year 2025 (Graham)

Recommendation:

No action recommended, for information only.

Item 9.D: Creation of Park Maintenance Supervisor, Street Maintenance Supervisor, Wastewater Systems Supervisor, Water Systems Supervisor Job Specifications; and Approval of a Revised Combined Salary Schedule. (James)

Recommendation:

Adopt a Resolution:

1. Approving a new Park Maintenance Supervisor Job Specification;

2. Approving a new Street Maintenance Supervisor Job
Specification;

3. Approving a new Wastewater Systems Supervisor Job
Specification;

4. Approving a new Water Systems Supervisor Job Specification; and

5. Approving Revised Combined Salary Schedules.

Legislative Record: Resolution R-2025-050 adopted.

Item 9.E: Side Letter Agreements to Memorandum of Understanding with Pismo Beach Police Officers Association, and Full-Time Non- Represented Employees Resolution (James)

Recommendation:

Adopt a Resolution:

1. Approving a Side Letter Agreement to the Memorandum of Understanding with the Pismo Beach Police Officers Association (POA); and

2. Approving a Side Letter Agreement to the Full-Time Non- Represented Employees Resolution.

Legislative Record: Resolution R-2025-051 adopted.

Item 9.F: Memorandum of Understanding with the California Joint Powers Insurance Authority for ADA Assistance Program
(Gaglione)

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Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a Memorandum of Understanding (MOU) with the California Joint Powers Insurance Authority (CJPIA) for the CJPIA’s ADA Assistance Program.

Legislative Record: Resolution R-2025-052 adopted.

Item 9.G: Agreement with Water Systems Consulting, Inc. for Water Consulting Services, and Separate Amendment #1 to
Agreement with Water Systems Consulting, Inc., for Water Consulting Services (Gaglione)

Recommendation:

Adopt a Resolution authorizing the City Manager to:

1. Execute Amendment #1 to the existing Professional Services Agreement with Water Systems Consulting, Inc. for Central Coast Blue Program Management Services in the amount of $47,730;

2. Enter into a Professional Services Agreement in the amount of $154,206 with Water Systems Consulting, Inc. for Program Delivery Evaluation and Community Engagement Plan for
Central Coast Blue.

Legislative Record: Resolution R-2025-053 adopted.

Item 9.H: Notice of Completion for the 2022 Paving Project (Gaglione)

Recommendation:

1. Accept the 2022 Paving Project as complete;

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

Item 9.I: Acceptance of Coastal Mitigation Payment in Accordance with California Coastal Commission Amended Coastal Development Permit (CDP) 3-23-0014-AS (Graham)

Pulled from the Consent Calendar for discussion.

Item 9.J: Acceptance of Funding Award from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program (Smith)

Recommendation:

Adopt a Resolution accepting grant funds in the amount of $302,805.22 from the California Highway Patrol through the Cannabis Tax Fund Grant Program, and appropriating related budget adjustments in Fiscal Year 2026.

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Legislative Record: Resolution R-2025-054 adopted.

10. ITEMS PULLED FROM CONSENT

Item 9.I: Acceptance of Coastal Mitigation Payment in Accordance with California Coastal Commission Amended Coastal Development Permit (CDP) 3-23-0014-AS (Graham)

Recommendation:

Adopt a Resolution accepting a coastal mitigation fee in the amount of $548,170 in compliance with Special Condition No. 4 of California Coastal Commission Amended Coastal Development Permit No. 3-23-0014-A1 for 121 Indio Drive; and authorizing initiation of related Memorandum of Understanding.

Presenting staff:

Jorge Garcia, City Manager
Scot Graham, Community Development Director

Call for public comment: No comment.

Action: Adopt a Resolution accepting a coastal mitigation fee in the amount of $548,170 in compliance with Special Condition No. 4 of California Coastal Commission Amended Coastal Development Permit No. 3-23-0014-A1 for 121 Indio Drive; and authorizing initiation of related Memorandum of Understanding, with the following revision:

1. Add language directing staff to explore options for joining other coastal cities in advocating for the return of cities’ local power and authority in the Coastal Zone.

Motion: Newton
Second: Inman

Vote: The motion passed on the following vote:

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

Absent: 1 Waage
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2025-055 adopted.

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12. BUSINESS ITEMS

This item was reordered.

Item 12.A: Mid-Cycle Budget Adjustments for Fiscal Years 2025 through 2027 (Feeser)

Recommendation:

Adopt a Resolution approving and appropriating budget adjustments for Fiscal Years 2025 through 2027, and accepting various grant awards.

Presenting staff:

Jorge Garcia, City Manager
Vanessa Garris, Finance Manager

Supplemental material submitted into the record.

Call for public comment: No comment.

Action: Adopt a Resolution approving and appropriating budget adjustments for Fiscal Years 2025 through 2027, and accepting various grant awards.

Motion: Newton
Second: Inman

Vote: The motion passed on the following vote:

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

Absent: 1 Waage
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2025-056 adopted.

11. PUBLIC HEARINGS

Item 11.A: Protest Hearing and Certification of Weed Abatement Charges for Forwarding to the County of San Luis Obispo for Placement on 2025 Property Tax Rolls (Lee)

Recommendation:

1. Conduct a Public Hearing to hear protests from property owners regarding weed abatement charges;

2. Adopt a Resolution certifying the amount of abatement proceedings for grass, weeds, and rubbish pursuant to Resolution R-2025-018, to be Council Agenda 8-19-2025 9.A-9
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filed with San Luis Obispo County Tax Rolls, as indicated by Assessor Parcel Number per Health & Safety Code Section 14912.

Presenting staff:

Jorge Garcia, City Manager
Paul Lee, Battalion Chief

Supplemental material submitted into the record.

Public Hearing / Call for public comment: No comment.

The public hearing was closed.

Action: Adopt a Resolution certifying the amount of abatement proceedings for grass, weeds, and rubbish pursuant to Resolution R-2025-018, to be filed with San Luis Obispo County Tax Rolls, as indicated by Assessor Parcel Number per Health & Safety Code Section 14912.

Motion: Inman
Second: Guthrie

Vote: The motion passed on the following vote:

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

Absent: 1 Waage
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2025-057 adopted.

12. BUSINESS ITEMS

Item 12.A: Mid-Cycle Budget Adjustments for Fiscal Years 2025 through 2027 (Feeser)

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

Item 12.B: Review of Information Technology (IT) Project Updates (Feeser)

Recommendation:

No action required; information only.

Presenting staff:

Jorge Garcia, City Manager
Jason Takagi, Information Technology Manager

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Supplemental material submitted into the record.

Call for public comment: No comment.

Action: No action.

13. CITY COUNCIL COMMENTS AND REQUESTS

Consensus to agendize discussion at the August 19, 2025 meeting regarding the use of an airstream trailer to conduct concessions on the Pier.

14. ADJOURNMENT

At 6:31 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

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DRAFT MINUTES
Pismo Beach City Council
Friday, August 8, 2025

Special Closed Session—9:30 a.m.

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

The City Council of the City of Pismo Beach met this date in a special closed session with Mayor Waage presiding.

CALL TO ORDER: Mayor Waage called the meeting to order at 9:31 a.m.

1. ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton

Staff Present:

Jorge Garcia, City Manager
Dean Pucci, Interim City Attorney

2. ANNOUNCEMENT OF CLOSED SESSION ITEMS

Interim City Attorney Pucci announced the Closed Session item listed below.

Item 3.A: Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code §54956.9: One potential case

3. PUBLIC COMMENT PERIOD

Call for public comment: No comment.

4. CLOSED SESSION

The Council retired to Closed Session to consider the above items.

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5. CLOSED SESSION REPORT

Interim City Attorney Pucci reported that no reportable action was taken on the above item(s).

6. ADJOURNMENT

At 10:35 a.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B
Meeting Date: August 19, 2025
TITLE:

Payroll Register and Register of Demands
RECOMMENDATION:

1. Approve the Summary of Payroll Register for July 27, 2025;

2. Approve the Register of Demands for July 18, 2025, July 25, 2025 and August 1, 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: Vanessa Garris, Finance Manager, for Nadia Feeser, Administrative Services Director/City Treasurer
City Manager Approval:

Council Agenda 8-19-2025 9.B-1
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FOR PERIOD ENDING 07/27/25
CHECKS DATED 08/01/25

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 577211-577216 6
ACH 150

EARNINGS
REGULAR 458,577.11
HOLIDAY 5,446.00
OVERTIME (Includes Comp Time Payouts)30,467.44
Administration
Building 96.78
Conference & Visitors Bureau
Police Department 12,271.44
Parking
Engineering
Fire 11,094.96
Recreation
Public Works 1,063.38
Water 3,133.18
Wastewater 2,807.70
Motor Vehicles
Subtotal-Overtime 30,467.44$

SALARY ADJUSTMENTS -
TRAINING / UNIFORM ALLOWANCE (1,200.00)
OTHER EARNINGS 14,561.87
$507,852.42

LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 49,874.63
FICA & MEDICARE 39,085.89
STATE INCOME TAX 20,097.26
STATE DISABILITY INSURANCE 5,997.04
GARNISHMENTS 2,308.32
HEALTH 935.04
SUPPLEMENTAL DISABILITY 1,129.76
SECTION 125 3,114.16
PERS 40,856.40
DEFERRED COMPENSATION 12,988.87
ADDITIONAL LIFE INSURANCE 349.75
UNION DUES 2,467.46
PISMO ATHLETIC CLUB 640.00
OTHER
NET PAYROLL $328,007.84
DIRECT DEPOSIT DEDUCTION 321,712.69
NET PAYROLL AFTER ACH DEPOSIT 6,295.15

SUMMARY PAYROLL REGISTER
Council Agenda 8-19-2025 9.B-2
Attachment 1
Packet Page 15

ACH/Vendor Check
Check#Number Payee Amount Description
ACH 10002 Internal Revenue Service 136,196.99$ Federal Income Tax PD 07/08/25 & PD 07/18/25 ACH 11208 SEIU Local 620 AFL/CIO 936.09 SEIU Dues PD 07/18/25 ACH 11224 Richards, Watson, Gershon Attorneys At Law 25,227.10 Professional Legal Services - May 2025 ACH 11305 Public Employees Retirement System 80,370.74 PERS Retirement EE & ER PD 07/18/25 ACH 12017 Vantagepoint Transfer Agents 9,172.00 Retiree Health Longevity Premiums - PD 08/01/25 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 30,695.92 ICMA 457 Deferred Comp EE& ER PD 07/18/25 ACH 12305 Franchise Tax Board 27,247.40 SDI & State Income Tax PD 07/08/25 & PD 07/18/25 ACH 12360 CalPERS 457 Plan 333.33 PERS 457 Deferred Comp ER PD 07/18/25 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth IRA
575.00 ICMA Roth IRA PD 07/18/25
ACH 13455 Wex 652.42 Fuel for City Vehicles 06/07/25 - 07/06/25 134243 12275 Airgas West Inc 235.23 Medical Supplies
134244 10341 Alliant Insurance Services Inc-NPB Main 1,879.00 ACIP Crime Renewal FY25/26 134245 10341 Alliant Insurance Services Inc-NPB Main 329.00 Special Event Liability Insurance - Stride with the Tide 134246 14440 Paul Amarillas 2,224.06 Stride with the Tide Event Merchandise 134247 14123 Amazon Business 404.09 Office Supplies & Coffee 134248 11365 American Legal Publishing Corporation 10.51 Ordinance Codification 134249 11096 Arroyo Grande Chevrolet 2,036.23 Vehicle Maintenance 134250 13460 AT&T Mobility 287284035974 1,263.84 Monthly Phone Service - June 2025 134251 14363 AT&T Mobility 287314925891 127.61 iPad Tablet Service - June 2025 134252 11589 Austin's Wet Pets and Pond Maintenance, Inc 150.00 Chapman Pond Maintenance - June 2025 134253 10293 Battery Systems Inc 342.42 Vehicle Maintenance 134254 13569 Jedidiah J. Bickel 25.00 CVB Board Meeting Stipends Q2 2025 134255 15115 Stephanie Bracamontes 222.60 Refund: MDP 6/26/25 134256 14869 Michael Brannagan 4,440.00 GIS Updates 4/1/2025-6/30/2025 134257 13139 Brough Construction 14,165.00 Hydrant Reinstallation 134258 11492 Bunyon Bros. Tree Care, Inc.1,425.00 Tree Trimming 134259 10074 Burdine Printing 83.09 Neighborhood Event Postcards 134260 14766 C&M Western, Inc 234.05 Safety Boots FY26
134261 12029 Cal Poly Corporation 30,000.00 Cal Poly Clam Study Funding 134262 14414 California State Disbursement Unit 415.38 Tax Withholding Order PD 07/18/25 134263 14771 California State Disbursement Unit 16.15 Tax Withholding Order #2 PD 07/18/25 134264 14876 California State Disbursement Unit 784.61 Tax Withholding Order PD 07/18/25 134265 14995 California State Disbursement Unit 442.09 Tax Withholding Order PD 07/18/25 134266 12610 CalPortland Construction 405,557.73 Paving Project - March 2025 134267 13531 Central Coast Party Factory LLC 500.00 Concerts in the Park Bounce House & Generator 7/13/25 134268 11451 Channel Islands Technology Integrators' Group 19,939.00 Firewall Replacement & Monthly Infrastructure Mgmt & Help Desk - June 2025
134269 11093 Civic Plus 19,050.01 Website Annual Maintenance FY 25/26 134270 14415 CLAD Consulting, Inc.3,555.00 Pier Cameras Project and Construction Management & Stormwater Support - June 2025
134271 10667 Complete Paperless Solutions, LLC 27,426.00 Laserfiche Annual Renewal - FY26 134272 11184 Copware Inc.460.00 CA Peace Officers Legal Sourcebook 134273 12378 SLOACTTC County Of San Luis Obispo 30,439.70 LAFCO Allocation 2025-26 134274 12307 Department Of Justice 32.00 Livescan Services - June 2025 134275 13675 Michael Drew Devine 50.00 PRBC Meeting Stipends Q2 2025 134276 11289 eGenoa, LLC 435.00 Graphics Installation
134277 13586 Famcon Pipe & Supply Inc.5,055.28 Distribution Maintenance 134278 12587 Fedex 111.73 Express Shipping
134279 13846 Franchise Tax Board-Tax Withholding-2 50.00 Tax Withholding Order PD 07/18/25 134280 14485 Kyle Goodrich 489.00 M&IE: VoltVerified POST eBike Instructor Course 8/4-8/9/25 134281 12168 Gregory Dean Gallegos 3,595.00 Weed Abatement 134282 12952 GSI Water Solutions Inc 648.60 NCMA 2024 Annual Report - June 2025 134283 13276 InfoSend, Inc.1,591.51 Processing-Printing-Mailing Utility Bills Jun 2025 134284 14660 Interwest Consulting Group 24,505.00 Plan Review & Inspection - Public Safety Facility - May 2025 134285 13385 IPS Group, Inc.2,598.00 Office Supplies
134286 12255 Iron Mountain Information Mgmt, Inc 36.89 Shredding Services 5/28/25-6/24/25 134287 14926 Jason Addison Smith Consulting Services Inc 12,034.54 Plan Review - June 2025 134288 12100 David Jewell 200.00 Planning Commission Meeting Stipends Q2 2025 134289 15035 Ian Roxie Journey 200.00 Planning Commission Meeting Stipends Q2 2025 134290 12483 KCI Environmental Inc.1,116.00 Ocean Blvd Habitat Mitigation - June 2025 134291 15021 Wendy Lawton 1,150.00 Tax Withholding Order PD 07/18/25 134292 11586 Liebert, Cassidy & Whitmore 5,570.00 Employment Relations Consortium Membership 7/1/25-6/30/26 134293 10175 Life-Assist, Inc.408.08 Medical Supplies
134294 14577 LK Graphics 87.00 Nameplate & Nametag
134295 10656 LN Curtis & Sons 272.79 Fire Supplies
City of Pismo Beach
Final Disbursement List Check Date 07/18/2025

US BANK
Council Agenda 8-19-2025 9.B-3
Attachment 2
Packet Page 16

ACH/Vendor Check
Check#Number Payee Amount Description
City of Pismo Beach
Final Disbursement List Check Date 07/18/2025

US BANK
134296 12163 Michael K Nunley & Associates Inc 18,144.50 Charles St Reservoir - June 2025 134297 10097 Miners Hardware 45.61 Maintenance Supplies 134298 13493 Heidi Jane Moller 50.00 Instructor: FREE Pickleball Clinic 7/12/25 #11690 134299 14742 Momentum Paddle Sports Inc.1,859.99 Instructor: Ocean Adventure Camp 1 7/8-7/10/25 #11708 & Pickleball Camp 2 7/9-7/10/25 #11713
134300 11172 Mullahey Ford 4,606.15 Vehicle Maintenance 134301 14878 Nevada State Treasurer 2.00 Garnishment Withholding Fee PD 07/18/25 134302 10039 New Times 117.00 Legal Advertising
134303 11119 Sandra Nielsen 50.00 PRBC Meeting Stipends Q2 2025 134304 14343 ODP Business Solutions, LLC 1,136.89 Coffee & Office Supplies 134305 10633 Pismo Beach Athletic Club Inc 1,411.03 CalFire PBAC Dues& PBAC Dues Collected for July 2025 134306 12022 Pismo Beach Police Officer's Association 1,520.00 POA Dues PD 07/18/25 134307 14857 Caroline Portzel-Vaccaro 2,400.00 Instructor: Art Camp I 7/7-7/11/25 #11735 134308 14079 Clare Malone Prichard 200.00 Planning Commission Meeting Stipends Q2 2025 134309 12613 Quinn Company 2,658.11 July 4th Equipment Rental & Vehicle Maintenance 134310 13201 Rincon Consultants, Inc.3,084.50 PEIR Report GP/LCP - June 2025 134311 14920 Bernard Ringer-Britz 50.00 Parking Advisory Committee Meeting Stipends Q2 2025 134312 14162 Rock and Roll Diner of Oceano, Inc 957.94 4th of July Staff Appreciation Lunch 134313 10904 Ron Rodriguez 50.00 PRBC Meeting Stipends Q2 2025 134314 11796 San Luis Powerhouse, Inc.142.71 Generator Service 134315 13994 SBRK Finance Holdings, Inc.862.00 TCP Import & Testing for E-Timesheets - Apr 2025 & CivicPay IVR Transaction Fees Jun 2025
134316 14877 SCaDU 230.76 Garnishment Withholding PD 07/18/25 134317 14880 Scherle Specialties LLC 90.50 Vehicle Maintenance 134318 13913 Silvas Oil Co., Inc 7,473.06 Gas and Diesel Delivery for 07/03/2025 134319 10093 SLO County Auditor-Controller 12,392.50 Phoenix Parking Surcharges - Apr 2025 134320 10532 SLO County Sheriff-Coroner 174.00 Crime Lab Tests 4/27/25-5/1/25 134321 11722 SP Maintenance Services Inc 5,157.67 Sweeping Services June 2025 134322 14933 Stommel Inc.2,317.35 Vehicle Upfitting
134323 14757 Quincy Storm 1,402.50 Design Services
134324 11323 Streator Pipe & Supply 192.78 Maintenance Supplies 134325 14795 James Summer 200.00 Planning Commission Meeting Stipends Q2 2025 134326 12630 SWCA Environmental Consultants 3,600.00 Public Safety Center Archaeological Monitoring - June 2025 134327 13530 TCA Tools Inc 827.98 MVR Supplies
134328 11271 Templeton Uniforms 2,187.90 Uniforms
134329 14821 Traffic Management Products Inc 1,548.01 Street Signs 134330 12982 Ultrex Business Products 1,435.14 Monthly City-Wide Copier Usage & PD Fax & Records June 2025 134331 12621 UPS 50.36 Shipping
134332 13951 Carlos Valentin Gonzalez 132.10 Portable Restroom - Neighborhood Event 6/27/25 134333 14115 Vanir Construction Mgmt, Inc.65,602.80 Public Safety Facility CM - May 2025 134334 10370 Visit SLO CAL 12,954.54 2025 IPW Activation Booth & Related Expenses 134335 13678 Wallace Group 12,794.45 Shell Beach Rd Shared Use Path - May 2025 134336 12132 White Flag Pest Control Inc 270.00 Pest Control 134337 13326 Williams Cleaning Systems LLC 84.38 Sanitation Pressure Washer 134338 14020 Daniel Barrett Wrage 1,440.00 Instructor: Beach Volleyball Summer Camp 2 7/7-7/10/25 #11719 134339 15114 Courtney Zimmerman 250.00 Deposit Refund: PBVH 6/1/25 Total:1,111,983.02$
Council Agenda 8-19-2025 9.B-4
Attachment 2
Packet Page 17

ACH/Vendor Check
Check#Number Payee Amount Description
ACH 12944 Leaf 1,328.40$ Monthly Copier Lease - July 2025 ACH 10002 Internal Revenue Service 50.16 Federal Income Tax PD 07/18/25 ACH 10371 Visit SLO County 171,959.82 TMD Payments May 2025 ACH 11305 Public Employees Retirement System 86,402.13 PERS Retirement EE & ER PD 08/01/25 ACH 12211 CA. Public Emp Retirement Sys 136,241.99 Medical Insurance - Aug 2025 ACH 12260 dba: Mission Square ICMA Retirement Trust - 457 30,208.35 ICMA 457 Deferred Comp PD 08/01/25 ACH 12305 Franchise Tax Board 3.93 State Disability Insurance PD 07/18/25 ACH 12360 CalPERS 457 Plan 333.33 PERS 457 Deferred Comp PD 08/01/25 ACH 12636 CALPERS 1,943,974.00 CalPERS UAL Prepayment FY26 ACH 12708 dba: Mission Square ICMA Retirement Trust-Roth I 575.00 ICMA Roth IRA PD 08/01/25 ACH 14257 Igoe Administrative Services 4,933.55 Medical/Dependent Care FS Monthly Participation IGOE FSA & DDS Reimbursement - July 2025
134340 UB*01202 DANI ALLEN-WILLIAMS (T)78.73 Refund Check 019533-000, 561 WADSWORTH #C 134341 14402 Carol A. Burner 966.67 900 Bello Lease - August 2025 134342 10085 Cannon Corp 891.04 ESDC Clarifier Rehabilitation - April 2025 Ocean Blvd CM - May 2025
134343 14415 CLAD Consulting, Inc.5,312.50 On Call Engineering Services - May 2025 134344 12541 Engel & Gray Inc 8,005.55 Composting Biosolids June 2025 134345 12554 Gov Connection, Inc.12,482.00 Annual Adobe License Subscriptions FY25/26 134346 15093 InTime Services, Inc 9,500.00 Annual Hosting & Remote Project Svcs Subscription 134347 13385 IPS Group, Inc.2,768.21 Credit for Service (Aug 2023 - Oct 2024) IPS Monthly Transaction Fees May 2025
IPS Monthly Transaction Fees June 2025
134348 UB*01201 TYLER & LINDSAY JOHNSON & SCHNEIDER (T)57.76 Refund Check 017808-000, 440 SOLAR #B 134349 14401 Barbara L. Maraist 966.66 900 Bello Lease - August 2025 134350 UB*01204 RHETT MARTIN 223.46 Refund Check 019852-000, 511 SAN LUIS 134351 13973 Moffatt & Nichol 113,858.88 Pier and Bridge Inspections Through 5/31/2025 134352 11337 Perry's Electric Motor & Controls, Inc.14,214.74 Water & WW Pump Repair 134353 14403 Betty J. Pratt 966.67 900 Bello Lease - August 2025 134354 UB*01200 RAMOS COASTAL RENTALS LLC 44.39 Refund Check 019675-000, 853 NORMA 134355 13442 Thorn Run Partners 5,500.00 Federal Lobbying Services July 2025 134356 12860 Townsend Public Affairs 5,000.00 State Lobbying Services July 2025 134357 UB*01203 SHELLY & REED VAN ROZEBOOM (T)219.03 Refund Check 016755-000, 880 PRICE 134358 15022 Virtual Project Manager LLC 15,000.00 Virtual Proj Manager Software Subscription July 2025 - June 2026 Total:2,572,066.95$
City of Pismo Beach
Final Disbursement List Check Date 07/25/2025

US BANK
Council Agenda 8-19-2025 9.B-5
Attachment 2
Packet Page 18

City of Pismo Beach
Final Disbursement List Check Date 08/01/2025

US BANK
ACH/Vendor Check
Check#Number Payee Amount Description
ACH 10002 Internal Revenue Service 127,996.25$ Federal Income Tax PD 08/01/25 ACH 11208 SEIU Local 620 AFL/CIO 947.46 SEIU Dues PD 08/01/25 ACH 12305 Franchise Tax Board 26,084.56 State Income Tax & SDI PD 08/01/25 ACH 14547 Quadient, Inc - Postage 2,000.00 Postage July 2025 134361 10434 Abalone Coast Analytical Inc 432.00 Water Analysis 134362 10695 AFLAC 2,349.37 Supplemental Disability Insurance - July 2025 134363 11195 Air Pollution Control District-SLO County 1,101.00 Fuel Tank - Renewal of Equipment Permit #2185-2 134364 11219 ak & company 2,500.00 SB90 Consultant & Claim Services FY 25/26 134365 11882 Alexander's Contract Services Inc 3,317.71 Water Meter Reading Services - July 2025 134366 10800 Whitney Almaguer 1,142.40 Instructor: Creative Kids Summer Theater 7/14-7/18/25 #11722 134367 14440 Paul Amarillas 157.18 Uniforms & Embroidery 134368 11509 American Industrial Supply 2,396.43 Safety Equipment 134369 11382 Applied Technology Group, Inc.3,170.15 Radio Maintenance 134370 14544 Jack Armstrong 300.00 FY26 Safety Boots
134371 12370 Association of Amputee Surfers 15,000.00 FY 2026 Funding to Support AMP Surf 134372 12623 AT&T 9391012188 3,201.41 Phone Bill - 06/10/2025 - 07/09/2025 134373 13278 AT&T 9391059148 1,839.41 Phone Bill - 06/10/2025 - 07/09/2025 134374 12625 AT&T 9391083592 1,545.49 Internet - June 2025 134375 14832 AT&T Mobility 287339470580 241.44 Internet - June 2025 134376 15084 Bean Family Boarding LLC 335.00 K9 Boarding 134377 10435 Berchtold Equipment Company 383.23 Vehicle Maintenance 134378 11392 Brenntag Pacific Inc.1,798.57 Sodium Bisulfite 134379 14217 Broken Crown Coffee Co, LLC 250.00 Coffee
134380 13591 Ryan Bullock 60.00 Reimb: SWRCB T2 Renewal 134381 13591 Ryan Bullock 251.00 Reimb: CWEA Membership Dues 134382 10074 Burdine Printing 3,200.44 Printing Services 134383 12098 Burke & Pace Lumber of Arroyo Grande 76.51 Maintenance Supplies 134384 14476 Burt Industrial Supply, Inc 9.73 Maintenance Supplies 134385 10055 CALBO 805.00 Reg: CALBO Education Week 10/26-10/30/25 134386 11795 California Park & Recreation Society 385.00 Membership Dues 134387 14414 California State Disbursement Unit 415.38 Tax Withholding Order - PD 08/01/25 134388 14771 California State Disbursement Unit 16.15 Tax Withholding Order - PD 08/01/25 134389 14995 California State Disbursement Unit 444.03 Tax Withholding Order - PD 08/01/25 134390 14855 California's Best Janitorial 21,338.64 Janitorial Services - June 2025 134391 14365 Sean Campbell 224.00 Reimb: Collections System Maintenance Grade II Test Application 134392 14381 Central Coast Economic Forecast 1,500.00 2025 CCEF Sponsorship Fee 134393 12425 Central Coast Tourism Council 950.00 CCTC Membership Renewal FY26 134394 11451 Channel Islands Technology Integrators' Group 458.80 IT Professional Services 134395 10281 City of Arroyo Grande 6,625.22 Activity Guide Printing & Postage - Summer 2025 134396 10840 Cold Canyon Landfill, Inc.1,986.50 Grit and Sludge Disposal 134397 10067 Community Action Ptnr of SLO 11,700.00 FY 2026 Funding to Support CAP-SLO Health and Prevention Program FY 2026 Funding to Support CAP-SLO Energy
FY 2026 Funding to Support CAP-SLO Homeless Service
134398 14313 Culligan/Santa Maria 528.30 Drinking Water Jun 2025 134399 12224 Delta Dental Of California 6,941.57 Dental Premiums - August 2025 134400 12307 Department Of Justice 32.00 Livescan Services 134401 12320 Dept Of Forestry and Fire Protection 75,018.41 Sched A-4th Quarter Actual FY 24/25 4/1/25-6/30/25 134402 UB*01205 JOHN DONOHUE 94.60 Refund Check 019660-000, 170 NAOMI 134403 14741 Epic Entertainment, Inc.1,585.00 Holiday Party Deposit 134404 13050 Environmental Systems Research Institute, Inc ESRI
29,300.00 Sm Gov Enterprise Agreement Software/Maint 8/14/25-8/13/26 134405 12123 Farm Supply 102.20 Maintenance Supplies
134406 14308 Fire Apparatus Solutions 19,893.02 FDE63 Maintenance & Repairs 134407 12160 Five Cities Meals On Wheels Inc 13,000.00 FY 2026 Funding to Support Five Cities Meals on Wheels 134408 13846 Franchise Tax Board-Tax Withholding-2 50.00 Tax Withholding Order - PD 08/01/25 134409 12168 Gregory Dean Gallegos 1,050.00 Weed Abatement 134410 10806 Hach Company 364.67 Reservoir Maintenance
134411 15078 Hansel Ford Inc.141,644.75 (2) 2024 Ford Super Duty F-350 SRW XL Stock 134412 13018 Jennifer Haydon 1,756.80 Instructor: Science & Games Adventure Camp 7/21-7/25/25 #11741 134413 14043 Health & Human Resource Center, Inc.159.80 Employee Assistance Program - August 2025 134414 13276 InfoSend, Inc.587.46 Printing Services
134415 15121 International Parking & Mobility Institute 667.00 Onsite Training Sessions 134416 11547 Jamrok Inc.974.25 Catering - Neighborhood Event 8/1/25 134417 10760 Johnboy's Towing 425.00 Towing Services
Council Agenda 8-19-2025 9.B-6
Attachment 2
Packet Page 19

City of Pismo Beach
Final Disbursement List Check Date 08/01/2025

US BANK
ACH/Vendor Check
Check#Number Payee Amount Description
134418 12894 Just Cruzin Productions, Inc.1,000.00 Deposit Refund: Just Cruzin Car Show 4/24/25 134419 13439 James Kenny 138.37 Rental Car Reimbursement: CRWA Expo 2025 4/28-5/1/25 134420 15118 Maya Kepner 253.76 Deposit Refund: DCP Event 5/17/25 134421 11833 Keylock Security Specialists 319.58 Maintenance Supplies 134422 15021 Wendy Lawton 1,150.00 Tax Withholding Order - PD 08/01/25 134423 11586 Liebert, Cassidy & Whitmore 1,997.50 Professional Legal Services 134424 14577 LK Graphics 43.50 Office Supplies
134425 13361 Marborg Industries Santa Barbara 469.41 ADA Portable Restrooms - Addie Street 06/22/2025 - 07/20/2025 134426 15119 Jennifer McCauley 467.50 Deposit Refund: DCP Event 7/19/25 134427 12279 McMaster Carr 23.96 Maintenance Supplies
134428 12960 Med-Stops Medical Clinic Inc 200.00 DMV/DOT Physical 134429 14617 Micronics Engineered Filtration Group, Inc 775.68 Maintenance Supplies 134430 12032 Midwest Motor Supply 854.72 Maintenance Supplies 134431 10097 Miners Hardware 1,073.41 Maintenance Supplies 134432 13964 MNS Engineers, Inc.2,053.00 Clarifiers CM - June 2025 134433 14742 Momentum Paddle Sports Inc.1,411.20 Instructor: Pickleball Camp 7/23-7/25/25 #11714 Instructor: Ocean Adventure Camp 2 7/22-7/24/25 #11709
134434 11172 Mullahey Ford 1,190.74 Vehicle Maintenance 134435 14878 Nevada State Treasurer 2.00 Tax Withholding Order Fee - PD 08/01/25 134436 10039 New Times 585.00 Legal Advertisement
134437 10753 Nick's Telecom 490.00 Vehicle Maintenance
134438 14343 ODP Business Solutions, LLC 1,230.95 Office Supplies 134439 13279 Pacific Central Coast Health Centers 684.62 Pre-employment Health Screening 134440 12315 Pacific Gas & Electric Company 118,577.55 Electricity - May & June 2025 134441 11551 Pismo Beach Chamber Of Commerce 5,000.00 FY 2026 Funding to Support Pismo Beach Chamber of Commerce 134442 13613 Pismo Beach Veterinary Corp 32.00 Kylo Vet Bill 6/19/25 134443 12022 Pismo Beach Police Officer's Association 1,520.00 POA Dues PD 08/01/25 134444 14857 Caroline Portzel-Vaccaro 1,248.00 Instructor: Art Camp I 7/14-7/18/25 #11736 134445 12335 Procare Janitorial Supply Inc 11,278.23 Janitorial Supplies 134446 13898 Quadient, Inc.494.80 Neopost Postage Lease 04/16/25 -07/15/25 134447 14294 Richard D. Jones, A Professional Law Corporation 9,585.00 Interim City Attorney Services - June 2025 134448 14613 Dennis Richardson 800.00 Instructor: Tennis w Dennis 6/7-6/28/25 #11686 134449 11266 San Luis Auto Parts Inc 372.10 Fuel & Vehicle Maintenance 134450 11688 San Luis County Housing Trust Fund 5,000.00 FY 2026 Funding to Support SLO County Housing Trust Fund 134451 13516 San Luis Obispo Council of Governments 2,818.00 Annual SLOCOG Membership Dues FY26 134452 12028 San Luis Obispo County Public Works Dept 1,094,848.92 FCZ3 Prelim Semi Annual Lopez Contract Water Billing CSA 12 Lopez Water Semi Annual Billing FY 26
CCWA Fixed & Variable O&M FY25/26
134453 12108 Santa Maria Tire, Inc.7,091.11 Equipment Maintenance 134454 14738 SCA OF CA, LLC 13,662.62 Street Sweeping Services - June 2025 134455 14877 SCaDU 230.76 Tax Withholding Order - PD 08/01/25 134456 11168 Sherwin-Williams 504.87 Maintenance Supplies 134457 13743 Shower the People of SLO 5,000.00 FY 2026 Funding to Support Shower the People of SLO 134458 14853 Robert Silvani 1,332.00 Instructor: Shell Beach Surf Camp 7/15-7/17/25 #11704 134459 13913 Silvas Oil Co., Inc 10,559.21 Diesel & Unleaded Fuel Delivery 7/22/2025 134460 10913 Siteone Landscape Supply LLC 82.32 Maintenance Supplies 134461 10532 SLO County Sheriff-Coroner 1,508.00 Crime Lab Tests 134462 10443 SLO Noor Foundation 16,000.00 FY 2026 Funding to Support SLO Noor Foundation 134463 10576 SLOCO Data, Inc 493.50 Printing Services
134464 12925 Smith's Alarms & Electronics 90.00 Security Monitoring 134465 15082 James Robert Soderborg 220.00 Instructor: Advanced Beginner Pickleball Clinic 7/19/25 #11751 134466 12304 State Of California Controller's Office 477.61 FTB Parking Intercept Offsets 2024 7/1/24-6/30/25 134467 14242 Surfing for Hope Foundation 5,000.00 FY 2026 Funding to Support Surfing for Hope - Surf Camp 134468 11549 Tech Time Communications 225.00 Quarterly Alarm Monitoring - Station 63 3rd Qtr 2025 134469 12321 The Gas Company 2,320.20 Gas Service 06/13/25- 07/18/25 134470 13097 The Standard 1,569.51 Life & Additional Life Insurance Premiums - August 2025 134471 12461 TJA Advertising 52,903.05 CVB Advertising and Promotion - May 2025 LBID Advertising and Promotion - June 2025
134472 12301 TK Elevator 556.23 Elevator Service
134473 14821 Traffic Management Products Inc 1,086.35 Street Signs & Safety Equipment 134474 12415 Transitions Mental Health Association 74.00 Refund: PBVH Rental & Attendant Fee 5/9/25 134475 14931 U. S. Bancorp Asset Management, Inc.10,845.52 Investment Advisory Services April, May, & June 2025 134476 12620 Uline 108.56 Maintenance Supplies
134477 10014 United States Postal Service 350.00 Permit #2 Renewal - First Class Presort 134478 12622 USA Bluebook Acct: 82507 698.87 Maintenance Supplies 134479 13741 Julia Valentine 1,628.00 Instructor: Sea Exploration 7/21-7/25/25 #11697 Council Agenda 8-19-2025 9.B-7
Attachment 2
Packet Page 20

City of Pismo Beach
Final Disbursement List Check Date 08/01/2025

US BANK
ACH/Vendor Check
Check#Number Payee Amount Description
134480 14457 Vigilant Solutions, LLC 39,925.35 Fixed LPR L6Q Subscription Package 134481 14034 Vital Records Holdings, LLC 198.74 Document Storage July 2025 134482 13073 VSP- Vision Service Plan (CA)1,650.24 VSP Vision Coverage - August 2025 134483 12527 Water Systems Consulting Inc 823.36 NCMA Staff Extension - June 2025 134484 12288 West Covina Nurseries 518.02 Maintenance Supplies 134485 12132 White Flag Pest Control Inc 997.00 Pest Control 134486 13326 Williams Cleaning Systems LLC 655.39 Equipment Maintenance Total:1,990,485.18$
Council Agenda 8-19-2025 9.B-8
Attachment 2
Packet Page 21

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.C
Meeting Date: August 19, 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- 2023-0011, 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:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=459337&dbid=0&repo=Laserfiche Council Agenda 8-19-2025 9.C-1
Packet Page 22

that was washed away during the storm. The City has received $620,838.75 in funding for completion of the repair project. Construction is anticipated to take place Fall of 2025.

January 12, 2017 Proclamation: Winter Storms
The Pismo Beach City Council declared a state of emergency on January 12, 2017, via Resolution R-2017-0122, 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
A Program Supplement Agreement for the Cliff Avenue and Ocean Boulevard site has been executed, and the City is now eligible to begin reimbursable work and submit for reimbursements. Staff is finalizing the bid package and anticipates advertising for construction bids in August 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:
2 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=107586&dbid=0&repo=Laserfiche Council Agenda 8-19-2025 9.C-2
Packet Page 23

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.D
Meeting Date: August 19, 2025
TITLE:

Agreement with Applied Technology Group for Radio and Computer Control and Display Systems for the Public Safety Facility
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to enter into an agreement with Applied Technology Group, Inc. to provide an RGB Spectrum system, Avtec radio consoles, and Kenwood backend radio equipment for the Public Safety Facility in the amount of $661,025.99 in Fiscal Year 2026.

DISCUSSION:

As part of the City’s efforts to equip the new Public Safety Facility with the latest Police technology to support the new emergency operations center, staff has identified Applied Technology Group, Inc, the City’s current radio vendor, as a direct source for critical technology components, including the RGB Spectrum system, Avtec radio consoles, and Kenwood backend radio equipment.

Procuring these items directly avoids additional overhead and markups that would otherwise be incurred under the existing overall project construction contract with F&H Construction. It also qualifies the purchase for government contract pricing. The RGB Spectrum system will serve as the video distribution backbone for dispatch, while the Avtec radio consoles and Kenwood backend equipment will support daily communications and emergency response coordination. The Police Department already relies on Avtec radio consoles and Kenwood backend radio equipment. For the Avtec and Kenwood equipment, this will upgrade existing outdated systems.

RGB Spectrum was awarded a competitively procured cooperative government purchasing contract in 2020 that was renewed through 2025 that meets the City’s Purchasing Policy and Procedures Manual requirements for piggy-back purchasing.

Avtec was awarded a competitively procured cooperative government purchasing contract in 2021 that lasts through 2026 that meets the City’s Purchasing Policy and Procedures Manual requirements for piggy-back purchasing. Kenwood was awarded a competitively procured cooperative government purchasing contract in 2021 that lasts through 2026 that meets the City’s Purchasing Policy and Procedures Manual requirements for piggy-back purchasing.

Applied Technology Group, Inc., as noted on its quotes (provided as part of Attachment 2), is providing its pricing under the cooperative government purchasing contracts awarded to the respective manufacturers.

Conclusion and Recommendation
Staff recommends that the City Council adopt a resolution (Attachment 1) authorizing the City Manager to enter into an agreement with Applied Technology to provide an RGB Council Agenda 8-19-2025 9.D-1
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Spectrum system, Avtec radio consoles, and Kenwood backend radio equipment in the amount of $661,025.99 in Fiscal Year (FY) 2026.

FISCAL IMPACT:

The fiscal impact of adopting the subject resolution is an additional $661,025.99 for the RGB Spectrum System, Avtec radio consoles, and Kenwood backend radio equipment as detailed in Table 1. This amount is already budgeted in the City’s FY 2026 Capital Projects Fund Public Safety Facility project budget. Purchasing this equipment directly from Applied Technology reduces the overhead costs associated with purchasing the equipment through the F&H Construction contract.

Table 1: Applied Technology Costs for Public Safety Facility Police Equipment Item Fiscal Impact
RGB Spectrum System $333,722.65
Avtec Radio Consoles $249,447.05
Kenwood Backend Radio
Equipment $77,856.29
Remaining/Shortfall $661,025.99
ATTACHMENTS:

1. Resolution

2. Agreement with Applied Technology Group
Prepared by:

Jason Takagi, Information Technology Manager
Submitted by: Vanessa Garris, Finance Manager, for Nadia Feeser, Administrative Services Director
City Manager Approval:

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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 AN AGREEMENT WITH APPLIED TECHNOLOGY GROUP, INC. TO PROVIDE AN RGB

SPECTRUM SYSTEM, AVTEC RADIO CONSOLES, AND KENWOOD BACKEND

RADIO EQUIPMENT FOR THE PUBLIC SAFETY FACILITY IN THE AMOUNT OF $661,025.99 IN FISCAL YEAR 2026
WHEREAS, the City is equipping the new Public Safety Facility with the latest Police technology; and
WHEREAS, RGB Spectrum equipment will provide the Police with flexible and secure video distribution; and
WHEREAS, the Police Department already utilizes Avtec Radio Consoles and Kenwood backend radio equipment; and
WHEREAS, Applied Technology Group, Inc. is providing its pricing under the cooperative government purchasing contracts awarded to the respective equipment manufacturers; and
WHEREAS, the City’s FY 2026 Capital Projects Fund Public Safety Facility project budget has sufficient funding to support this cost.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into an agreement with Applied Technology Group, Inc., in substantially the form attached to staff’s report dated August 19, 2025, to provide an RGB Spectrum system, Avtec radio consoles, and Kenwood backend radio equipment for the Public Safety Facility in the amount of $661,025.99 in Fiscal Year 2026.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 19th day of August 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

Provide and install radios, radio console, and video switching equipment to provide dispatch services at the Public Safety Facility.

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 March 31, 2026. 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 A. 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 six hundred sixty-one thousand twenty-five dollars and ninety-nine cents ($661,025.99), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee may be 2 of 13
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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 Information Technology 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

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services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.

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

XIII. INDEMNIFICATION

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

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

B. Non-design, construction Professional Services:

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

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C. Design Professional Services:

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

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

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

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

XV. INSURANCE

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

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

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

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

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

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

6. Cyber technology errors and omissions. VENDOR shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
a. Liability arising from the unauthorized release of information for which an entity has the legal obligation to keep private, such as personally identifiable information (PII) and protected health information (PHI). b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c. Liability arising from the failure of technology products (software and hardware) required under the contract for VENDOR to properly perform the intended services.
d. Claims alleging the failure of computer security that result in the transmission of malicious code, deletion, destruction or alteration of data, or the denial of service.
e. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. f. Liability arising from the rendering, or failure to render, professional services. g. Defense costs in regulatory proceedings (state and federal) involving a violation of privacy laws or intellectual property rights.
h. Crisis management and other expert services.

If coverage is maintained on a claims-made basis, VENDOR shall maintain such coverage for an additional three (3) years following termination of the contract.

B. Other provisions or requirements:

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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 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

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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 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.

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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.

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.

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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 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.

Council Agenda 8-19-2025 9.D-9
Attachment 2
Packet Page 32

11 of 13
Vendor Agreement (Rev. 2/2/2018)
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.

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.

12 of 13
Vendor Agreement (Rev. 2/2/2018)

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.

Council Agenda 8-19-2025 9.D-10
Attachment 2
Packet Page 33

13 of 13
Vendor Agreement (Rev. 2/2/2018)
CITY:

City of Pismo Beach, a Municipal Corporation

Signed:

Name: Vanessa Garris
Title: Acting Administrative Services Director
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 Pucci
Title: City Attorney
VENDOR:

Applied Technology Group, 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 and Compensation Schedule
Council Agenda 8-19-2025 9.D-11
Attachment 2
Packet Page 34

APPLIED TECHNOLOGY GROUPi INC.

SPECIALIZED COMMUNICATIONS SERVICES
4440 Easton Drive - BAKERSFIELD, CA 93309
Quote
Date
S-QUO2323
July 31, 2025
Quote Expires: August 30, 2025
(661)322-8650 / (800) 481-0007 or Fax (661) 322--4060
Fed ID #77-0229621 / Contractors Lie #891598 / B.E.AR. #89845 atginternet.com -atg-inc.com
ADD'L 3% FEE CHARGED FOR CREDIT
CARD PURCHASES OVER $SK
Bill To: 8903

CITY OF PISMO BEACH

ACCOUNTS PAYABLE
760 MATTIE RD
PISMO BEACH, CA 93449
Ship To:

CITY OF PISMO BEACH

ACCOUNTS PAYABLE
760 MATTIE RD
PISMO BEACH, CA 93449
Purchase Order No. I Customer ID I Salesperson ID I Shippinq Method I Pavment Terms I Req. Ship Date I 8903
Quantitv Description
I Gene Hanson I Ground
5 -Seat RGB Spectrum solution with video wall processing for screens located in the Training Room 3x3 wall (113) -Dispatch supervisor's office (224) -Briefing room (139) Includes components for 5 dispatch positions with dual 43"curved monitors and a display in Dispatch supervisor's office.

All RGB Pricing is based off of Omnia contract #R200803 10 XtendPoint 43" Curved Monitor
10 43 in. Curved Monitor -Extended hardware warranty for years two to three 10 XtendPoint 2-Port Transmitter unit
5 XtenPoint 4-Port Transmitter unit
S XtendPoint 4-Port Receiver unit
8 Rackmount tray for up to 2 units (1 RU)
20 XtendPoint all models -Extended hardware warranty for years two through three. 1 Zic W4024, Plus Software, 3x IP4K-E, 3x MD-4H-4
2 Cable retention bracket for ZIO
10 Mini-HDMI to HDMI adapter
2 Cable retention bracket for GO MD-4H-4
1 Zic products. Software Maintenance Agreement for years two through three. 1 Zic products. Extended hardware warranty for years two through three. 5 Single-channel CAT-Linx 3 transmitter
5 Single-channel CAT-Linx 3 receiver
2 Rackmount shelf (6RU) for up to 10 CATLinx 3 units
10 Table or wall mount bracket for a single CAT-Linx 3 or Zic endpoint 1 Power Distribution Unit for up to 12 CAT-Linx 2 units. 10 CAT-Linx 3 and CAT-Linx 3 Plus.
1 PDU. Extended hardware warranty for years two through three. 1 RGB -Day 1 On-Site Support and/or Training
1 RGB -Day 2 On-Site Support and/or Training
1 55" Flat Panel LCD 4K UHD Smart TV
1 Cable management hardware for tv installations
1 Wall Mount -Flush Mount with Tilt actuation TV mounting 1 FREIGHT CHARGES
1 FINAL FREIGHT CHARGES WILL BE ADDED TO INVOICE.
1 PROJECT LABOR
-Installation of above quoted materials
I Net 15 davs I
UOM Unit Price
Each 5,755.20
Each 719.40
Each 4,200.00
Each 5,280.00
Each 5,280.00
Each 451.20
Each 592.50
Each 47,817.60
Each 129.60
Each 19.20
Each 182.40
Each 3,840.00
Each 5,649.60
Each 513.60
Each 513.60
Each 1,036.80
Each 120.00
Each 1,915.20
Each 64.20
Each 239.40
Each 7,500.00
Each 4,500.00
Each 900.00
Each 125.00
Each 475.00
Each 1,800.00
Note 0.00
Each 52,816.26
Subtotal
Total Tax
Total $ Incl. Tax
Ext. Price
57,552.00
7,194.00
42,000.00
26,400.00
26,400.00
3,609.60
11,850.00
47,817.60
259.20
192.00
364.80
3,840.00
5,649.60
2,568.00
2,568.00
2,073.60
1,200.00
1,915.20
642.00
239.40
7,500.00
4,500.00
900.00
125.00
475.00
1,800.00

0.00 52,816.26
312,451.26
21,271.39
333,722.65
Page: 1
Council Agenda 8-19-2025 9.D-12
Attachment 2
Packet Page 35

APPLIED TECHNOLOGY GROUPi INC.

SPECIALIZED COMMUNICATIONS SERVICES
4440 Easton Drive - BAKERSFIELD, CA 93309
Quote
Date
S-QUO2710
July 24, 2025
Quote Expires: August 23, 2025
(661)322-8650 / (800) 481-0007 or Fax (661) 322-4060
Fed ID #77-0229621 / Contractors Lie #891598 / B.E.AR. #89845 atginternet.com -atg-inc.com
ADD'L 3% FEE CHARGED FOR CREDIT
CARD PURCHASES OVER $SK
Bill To: 8903

CITY OF PISMO BEACH

ACCOUNTS PAYABLE
760 MATTIE RD
PISMO BEACH, CA 93449
Purchase Order No. I Customer ID I 8903
I Salesperson ID I Gene Hanson
Ship To:

CITY OF PISMO BEACH

ACCOUNTS PAYABLE
760 MATTIE RD
PISMO BEACH, CA 93449
I Shippinq Method I Pavment Terms I Ground I Net 15 davs I Req. Ship Date I
Quantitv Description UOM Unit Price Ext. Price
City of Pismo Beach Public Safety Center
All Avtec Dispatch hardware in this proposal is quoted at the NASPO Contract #00318 discount rate.

More information about the NASPO pre-negotiated contract can be found at www.Naspovaluepoint.org
Dispatch Hardware -Installation Materials
4 Scout EX Console -Tier 1 includes a license for Scout Enterprise Console w/software audio package.
4 USB PTT Footswitch Accessory
8 Avtec USB Headset/handset Jackbox (single Jack) Integrates NENA phone at the operators position
4 10 Port USB 3.0 Hub with Power Adapter
4 Avtec USB PTT Desk Microphone
4 USB Relay Kit, 4 ea. Form C Relays
8 Avtec USB Dual Speaker Kit, Scout Software Media Workstation 4 Plantronics CA22CD Wireless PTT Headset Base. Headset top sold separately. 8 Headset top, Single Ear with Noice canceling microphone. Requires base. 1 Redundant VPGate Software License for a maximum of 40 1 Supplementary VPGate P25 DFSI endpoint license, requires SFW-VPG-XXXX. 20 Outpost plus kit MDC1200 functionality
20 Outpost plus kit kenwood mobile endpoint
10 Outpost Radio Gateway, VoIP, 2 Port PoE
1 MC-Edge Main Module CPU -Configured for Aux 1/0
1 MC-Edge 1/0 Low Expansion Module -16 Inputs and 8 Outputs 1 MC-Edge Output Expansion Module - 8 Outputs
1 MC-Edge Replacement Power Supply
1 MC-Edge Rack Mount Adapter
1 Type 66 cabling / punch block kit for Aux 1/0 package 10 Outpost Plus Power Supply NA
5 Outpost RU Shelf (holds two)
2 Kit to add support for rack mount servers
1 Avtec Professional Services
1 Avtec ScoutCare - 1 year support
1 ScoutCare Hardware Option: Annual Extended Maintenance Program for hardware repairs.
1 Installation hardware
Each 12,193.25
Each 401.85
Each 981.35
Each 440.80
Each 737.20
Each 468.35
Each 1,103.90
Each 806.55
Each 111.15
Each 16,853.00
Each 6,316.55
Each 521.55
Each 1,048.80
Each 2,313.25
Each 1,990.25
Each 755.25
Each 850.25
Each 522.50
Each 565.25
Each 853.00
Each 101.65
Each 203.30
Each 237.50
Each 14,412.00
Each 9,930.20
Each 3,140.50
Each 1,500.00
48,773.00
1,607.40
7,850.80
1,763.20
2,948.80
1,873.40
8,831.20
3,226.20
889.20
16,853.00
6,316.55
10,431.00
20,976.00
23,132.50
1,990.25
755.25
850.25
522.50
565.25
853.00
1,016.50
1,016.50
475.00
14,412.00
9,930.20
3,140.50
1,500.00
Page: 1
Council Agenda 8-19-2025 9.D-13
Attachment 2
Packet Page 36

APPLIED TECHNOLOGY GROUPi INC.

SPECIALIZED COMMUNICATIONS SERVICES
4440 Easton Drive - BAKERSFIELD, CA 93309
(661)322-8650 / (800) 481-0007 or Fax (661) 322--4060
Fed ID #77-0229621 / Contractors Lie #891598 / B.E.AR. #89845 atginternet.com -atg-inc.com
Bill To: 8903

CITY OF PISMO BEACH

ACCOUNTS PAYABLE
760 MATTIE RD
PISMO BEACH, CA 93449
Quote S-QUO2710
Date July 24, 2025
Quote Expires: August 23, 2025
ADD'L 3% FEE CHARGED FOR CREDIT
CARD PURCHASES OVER $SK
Ship To:

CITY OF PISMO BEACH

ACCOUNTS PAYABLE
760 MATTIE RD
PISMO BEACH, CA 93449
Purchase Order No. I Customer ID I Salesperson ID I Shippinq Method I Pavment Terms I Req. Ship Date I a903 I Gene Hanson I Ground
Quantitv Description
1 FREIGHT CHARGES
1 PROJECT LABOR
ATG -Avtec system installation
Authorized Signature
I Net 15 davs I
UOM Unit Price
Each 750.00
Each 41,135.64
Subtotal
Total Tax
Total $ Incl. Tax
Ext. Price
750.00
41,135.64
234,385.09
15,061.96
249,447.05
Page: 2
Council Agenda 8-19-2025 9.D-14
Attachment 2
Packet Page 37

APPLIED TECHNOLOGY GROUPi INC.

SPECIALIZED COMMUNICATIONS SERVICES
4440 Easton Drive - BAKERSFIELD, CA 93309
Quote
Date
S-QUO2768
July 25, 2025
Quote Expires: August 24, 2025
(661)322-8650 / (800) 481-0007 or Fax (661) 322--4060
Fed ID #77-0229621 / Contractors Lie #891598 / B.E.AR. #89845 atginternet.com -atg-inc.com
ADD'L 3% FEE CHARGED FOR CREDIT
CARD PURCHASES OVER $SK
Bill To: 8903

CITY OF PISMO BEACH

ACCOUNTS PAYABLE
760 MATTIE RD
PISMO BEACH, CA 93449
Ship To:

CITY OF PISMO BEACH

ACCOUNTS PAYABLE
760 MATTIE RD
PISMO BEACH, CA 93449
Purchase Order No. I Customer ID I Salesperson ID I Shippinq Method I Pavment Terms I Req. Ship Date I a903 Quantitv Description
I Gene Hanson
City of Pismo Beach Public Safety Center
I Ground
Radio Hardware -System power management-Installation Materials All Kenwood product is quoted at the NASPO Contract #00318 rate of 30% off list 3 RADIO; VHF (136-174MHZ), SOW NXDN CONVENTIONAL/TYP-C TRUNCKING 5 RADIO; UHF (450-520MHZ), 45W (INCLUDES CONTROL HEAD, MIC, BRACKET AND DC CABLE)
4 ELECTRONIC LICENSE KEY FOR P25 CONVENTIONAL
4 AES & DES ENCRYPTION MODULE (MULTI-KEY)
4 19" Rack Mounting Panel for Dual Radios KENWOOD NXSX00 1 406-512 MHz 0-18 dB 8-Channel Compact Distribution Panel - 1 RU 2,000 50 Ohm 3/8" OD COAXIAL CABLE
32 CONNECTOR; N (M) CRIMP PLUG FOR LMR400
16 BULKHEAD ARRESTOR N(F)-N(F)
16 N(F)BULKHEAD-N(F)W/DBL D-FLAT
64 N (M) CRIMP PLUG FOR RG58,141
12 ADAPTER N(F)-UHF(M)
16 1/2" CABLE FITTING W/GASKET
500 #6 GREEN JACKET STRANDED INSULATED GROUND WIRE
2 WIRE 4 GAUGE SOFT
2 WIRE 4 GAUGE SOFT 100'
4 1.92kW Single Phase Meter PDU 120V 110-127V In 1 U
1 Dual-Breaker Battw/ 12VDC 700W DC Converter +48/24V 1 Module 4 12VDC Power Module -S0A Hot Swappable
4 12/24/48Vdc 200 Amp 19" Rack Dual Bus Brkr Dist Pnl
8 Hydraulic/Magnetic load breakers -30A
48 Hydraulic/Magnetic load breakers - 1 SA
1 Blanking panel for power module chassis
1 Racking cable management and hardware
1 FREIGHT CHARGES
1 Kenwood and Power Svstem Installation
Authorized Signature
I Net 15 davs I
UOM Unit Price
Each 835.24
Each 835.24
Each 434.70
Each 469.14
Each 125.00
Each 4,500.00
Foot 1.15
Each 14.44
Each 101.99
Each 16.37
Each 11.02
Each 16.67
Each 22.24
Foot 1.48
Each 309.00
Each 309.00
Each 299.00
Each 3,493.42
Each 831.25
Each 1,103.45
Each 35.29
Each 35.29
Each 15.00
Each 1,500.00
Each 750.00
Each 34,913.45
Subtotal
Total Tax
Total $ Incl. Tax
Ext. Price
2,505.72
4,176.20
1,738.80
1,876.56
500.00
4,500.00
2,300.00
462.08
1,631.84
261.92
705.28
200.04
355.84
740.00
618.00
618.00
1,196.00
3,493.42
3,325.00
4,413.80
282.32
1,693.92

15.00 1,500.00
750.00
34,913.45
74,773.19
3,083.10
77,856.29
Page: 1
Council Agenda 8-19-2025 9.D-15
Attachment 2
Packet Page 38

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.E
Meeting Date: August 19, 2025
TITLE:

Contract with San Luis Obispo County for Animal Care and Control Services for Fiscal Years 2026 through 2030
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to execute a five-year contract with the County of San Luis Obispo for the provision of animal care and control services for the period from July 1, 2025, to June 30, 2030.

DISCUSSION:

The City of Pismo Beach contracts with the County of San Luis Obispo Animal Services Division for the provision of animal care and control services, including sheltering, field response, licensing, rabies control, and enforcement of state and local animal-related laws. The previous contract term is set to expire, and the City is currently operating under a month-to-month contract extension until the new contract is approved to ensure uninterrupted services.

The proposed agreement continues the existing partnership while introducing updates that promote consistency, enhance collaboration, and improve cost transparency across all participating jurisdictions in the county.

A key change in this new contract is the City’s adoption of Title 9 of the San Luis Obispo County Code. Title 9 outlines the local animal control regulations used by the County to guide operations. On March 18, 2025, the City Council adopted Ordinance O-2025-001, which adopted by reference the required provisions of the County’s Title 9, and retained carve-outs for the City’s local priority animal control regulations such as dog leash laws.

By adopting Title 9 by reference, the City aligns its municipal code with the regulatory framework used countywide, ensuring clarity and consistency in enforcement and legal authority for field and shelter operations.

The contract defines the scope of services provided by the County, which includes:
24/7 response to animal-related emergencies.
Maintenance of a centralized shelter for stray, surrendered, and impounded animals.
Rabies control and bite investigation.
Enforcement of state and local animal care laws.
Public education and licensing services.

The City retains the ability to exempt individual provisions of Title 9 or adopt additional regulations beyond Title 9 if desired. However, County Animal Services will only enforce provisions that fall within their operational scope.

Council Agenda 8-19-2025 9.E-1
Packet Page 39

Recommendation:

Staff recommends that the City Council adopt a resolution (Attachment 1) authorizing the City Manager to execute a contract with the County of San Luis Obispo for Animal Care and Control Services for Fiscal Years 2026 through 2030.

FISCAL IMPACT:

The fiscal impact of adopting the subject resolution is an additional $77,019 of expenditures in Fiscal Year (FY) 2026, and future annual costs of approximately the same amount, adjusted for cost increases for the remaining 4 years of the agreement. The FY 2026 and FY 2027 General Fund Police Department interagency contracts account budgets include sufficient amounts to support the first two years of this agreement.

ATTACHMENTS:

1. Resolution

2. Animal Care and Control Services Contract with Exhibits Submitted by: Jeff Smith, Chief of Police
City Manager Approval:

Council Agenda 8-19-2025 9.E-2
Packet Page 40

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 FIVE-YEAR

CONTRACT WITH THE COUNTY OF SAN LUIS OBISPO FOR ANIMAL CARE AND CONTROL SERVICES FROM JULY 1, 2025 TO JUNE 30, 2030
WHEREAS, the City’s current agreement with the County of San Luis Obispo for Animal Services will expire on June 30, 2025; and
WHEREAS, the County of San Luis Obispo is the only animal control and care service provider available in San Luis Obispo County that provides state-mandated animal care and control services; and
WHEREAS, the new Animal Care and Control Services Contract will be for a five-year period from July 1, 2025, to June 30, 2030; and
WHEREAS, the adopted Police Department budget for Fiscal Years 2026 and 2027 includes sufficient funding for the first two years of the agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute an agreement, in substantially the form attached to staff’s report dated August 19, 2025, with the County of San Luis Obispo for provision of Animal Care and Control Services for a five-year term spanning July 1, 2025, through June 30, 2030.

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 19th day of August 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 8-19-2025 9.E-3
Attachment 1
Packet Page 41

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 8-19-2025 9.E-4
Attachment 1
Packet Page 42

CONTRACT FOR

ANIMAL CARE AND CONTROL SERVICES
THIS CONTRACT, entered into by and between the County of San Luis Obispo, a public entity in the State of California, (“County”) and, the City of Pismo Beach, an incorporated city in the State of California, (“City”).

RECITALS
WHEREAS, County has established the Division of Animal Services to provide animal care and control functions including the enforcement of the ordinances of San Luis Obispo County Code Title 9 and of California state codes pertaining to the care, keeping, and management of animals; and
WHEREAS, County through Animal Services, maintains and operates an animal shelter and a humane education program; and
WHEREAS, City is desirous of contracting with County for the provision of such services;
NOW THEREFORE, in consideration of the covenants, conditions agreements and stipulations set fourth herein, the parties hereby agree that to the following terms and conditions.

TERMS AND CONDITIONS

1.Exhibits. The contract consists of the terms and conditions as set forth in the following exhibits:
a.Exhibit A – Scope of Services
b.Exhibit B – Compensation
c.Exhibit C – Duration of Contract
d.Exhibit D – General Conditions

2.Notices. Notices required in this contract shall be provided to:

COUNTY: CITY:

Eric Anderson, DVM
Animal Services Manager
865 Oklahoma Ave.

San Luis Obispo, CA 93405
Council Agenda 8-19-2025 9.E-5
Attachment 2
Packet Page 43

IN WITNESS WHEREOF, County and Contractor have executed this Contract on the day and year set forth below.

COUNTY OF SAN LUIS OBISPO CITY OF PISMO BEACH
By: By:

Chairperson of the Board of
Supervisors

NAME / TITLE
Date: Date:

ATTEST:

MATT PONTES
Ex-Officio Clerk of the Board of
Supervisors
By: ________________________________________
Deputy Clerk

APPROVED AS TO FORM AND LEGAL
EFFECT:

JON ANSOLABEHERE
County Counsel
Deputy County Counsel
Dated: August 14, 2025
Council Agenda 8-19-2025 9.E-6
Attachment 2
Packet Page 44

CONTRACT FOR

ANIMAL CARE AND CONTROL SERVICES
EXHIBIT A – SCOPE OF SERVICES
1) County Obligations. The County shall perform the following duties:
a) Shelter Services
i) Maintain, or cause to be maintained, an animal shelter whereat stray, owner surrendered, confiscated, quarantined and custodially impounded household pets are received and provided with appropriate care, housing, and shelter services in accordance with state regulations, local ordinances, and policies governing the humane treatment of such animals.
ii) Provide services allowing sheltered animals to be returned to their owners, adopted into new homes, or to be humanely euthanized.
iii) Provide for the receipt and publication of lost and found animal reports. iv) Provide services for the humane euthanasia of household pets and for the disposal of their remains.
b) Field Services
i) Receive and respond to public calls for service related to alleged violations of local or state codes pertaining to the care, keeping, treatment, and management of animals.
ii) Provide for the response to any of the following circumstances 24 hours a day, seven days a week:
(1) Domestic animals posing an active and present threat to public safety (2) Domestic animals which are severely injured, sick, or in eminent risk and whose owner is unknown or unavailable.
(3) Domestic or wild animals demonstrating signs of possible rabies infection. (4) Calls for assistance from law enforcement or emergency response personnel.
(5) Reported animal bites where the animal remains in the area unconfined and whose owner is unknown or unavailable.
(6) Loose livestock roaming on roadways or other public areas. iii) Provide for the response to any of the following during Animal Services' normal business hours:

Council Agenda 8-19-2025 9.E-7
Attachment 2
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(1) Pick-up and impoundment of unlimited numbers of stray confined domestic animals.
(2) Pick-up and disposal of unlimited numbers of dead domestic animals from roadways, parks, and other public areas.
(3) Pick up and transfer to shelter of owned animals for surrender or euthanasia.
(4) Pick up of dead owned animals for disposal.
iv) Provide for the necessary medical treatment and emergency care for domestic animals picked up by Animal Services personnel and for those domestic animals presented directly to veterinarians by private citizens and emergency response personnel.
v) Provide for the receipt, processing and investigation of animal bite reports as well as the subsequent quarantine of animals in accordance with state codes pertaining to rabies control.
vi) In the event that an animal responsible for causing serious bodily injury (as defined by Penal Code 243(f)(4)) or death to a person dies in the custody of, or is euthanized by, Animal Services, County shall preserve the bodily remains of that animal until such time as City has been consulted and approves of their disposal.

Nothing in this requirement shall be interpreted to prevent Animal Services from collecting and processing any tissue or body samples required to comply with legally mandated rabies testing requirements or other public health needs. vii) Request assistance from the San Luis Obispo County District Attorney's Office Bureau of Investigations when an animal bite results in significant injury causing death or likely to cause death or in any case Animal Services believes may require significant criminal investigation beyond the experience of Animal Services Officers.
viii) Receive and respond to reports of animals, domestic or wild, which are suspected to be rabid or to have been exposed to rabies infection and attempt to affect their capture. Captured animals will be processed in accordance with state codes pertaining to rabies control.
ix) Receive and process all applications related to the keeping and sale of household pets; inspect and regulate permitted operations in accordance with local and state codes.
x) Provide for the recording, investigation, administrative hearings, and issuance of findings and orders related to animal nuisances, animal seizures or confiscations, and dangerous or vicious animals. Nuisances which remain Council Agenda 8-19-2025 9.E-8
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unresolved following the issuance of an abatement order will be processed to court through the District Attorney’s office.
xi)Assist in the preparation and filing of court documents related to the civil and/or criminal prosecution of cases involving violation of municipal codes pertaining to the care, treatment, and keeping of domestic animals.
xii)Provide for the preparation, filing and civil or criminal prosecution of cases involving violations of California state codes pertaining to the care, treatment, and keeping of domestic animals.
c)Reporting: Provide to the City bi-annual service activity and financial reports reflecting field services, licensing, and shelter operations, programs. Reports will detail this information for both the individual quarter and year-to-date. d)Collaboration: Participate collaboratively with the City regarding matters impacting the provision of animal care and control services. County shall not append or modify the provisions of Title 9 of the San Luis Obispo County Code without having first consulted with the City.
2)City Obligations. The City shall perform the following duties:
a)Ordinance Conformity: City shall adopt by reference Title 9 of the San Luis Obispo County Code.
i)In the event that City does not desire to incorporate specific provisions of Title 9, those provisions may be individually exempted from adoption. ii)In the event that City desires to incorporate additional provisions related to the care and keeping of animals which are not established by Title 9, those provisions may be added and individually specified within City’s municipal code.

Animal Services will not be responsible for enforcing any added provisions which are substantially outside of the Animal Service Division’s normal scope of operations.
b)City shall immediately notify the County upon determining that any animal in the custody of Animal Services is believed to have caused serious bodily injury (as defined by Penal Code 243(f)(4)) or death to a person and request that the body of that animal be preserved in the event that it dies or is euthanized while in custody. c)Assistance: Provide such assistance and support to Animal Services personnel as may be reasonably necessary to safely and effectively execute the operations required by this contract within the City limits.
d)Collaboration: Participate collaboratively with the County regarding matters impacting the provision of animal care and control services. City shall not append or Council Agenda 8-19-2025 9.E-9
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modify the provisions of its municipal code related to animal care and control without having first consulted with County.
3) Animal Care and Control Coordination Group: The County and City agree that Animal Services is a shared interest of all parties and that all participating jurisdictions will share in the cost and revenue generated based on actual costs and fees generated in each jurisdiction. Further, policy-setting, procedural changes and ordinance development will happen in a collaborative manner, with all participating jurisdictions having input into the best way to conduct these services in San Luis Obispo County. a) To coordinate efforts, the participating jurisdictions, including the City and County agree to meet and confer periodically to discuss current issues as they relate to the fiscal and practical application of this contract, along with other potential items identified by the group. Such meetings shall be coordinated by the County Animal Services Manager from time to time as necessary, but no less than twice yearly. 4) As part of this commitment, the County agrees to develop performance benchmarks and communicate them quarterly to the group on the following:
a) Cost of Services/per Capita (by City) overtime.
b) Cost of services/per City over time.
c) Number of Full-Time Equivalent (FTE) positions within Animal Control over time. d) Number of field FTE within Animal Control over time. e) Geographical Information Service (GIS) heat maps of calls for service over time by City (requested development from County IT Department, maps to be provided when available).
f) Average response times for priority calls over time by City. g) Percentage of animals licensed by the City over time. h) Other data points charted out over time that were used to spread out the Animal Shelter costs.

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CONTRACT FOR

ANIMAL CARE AND CONTROL SERVICES
EXHIBIT B – COMPENSATION
1)First Year Service Fee: The City agrees to pay to the County the amount of $77,019 for services provided under this Contract during the first year of service. 2)Subsequent Years’ Service Fee: The County shall compute on an annual basis a service fee assessed to the City for services provided under this Contract. 3)Timing of Service Fee: The County shall calculate annual service fees and provide them to the City prior to April 15th of each year, with service fees becoming effective on July 1st of that year. No further action by either party is necessary to implement new fees in subsequent years.
4)Service Fee Methodology: The County shall use a service-based methodology for determining city service fees. The service-based methodology shall be based on three key facets of Animal Services' operations:
•Field Service
•Shelter Operations
•Licensing
a)Determination of Cost of Service - The cost of providing services to the City will be calculated by determining the average percentage of service allocated to the City over the preceding three years for each of the three facets of operations and multiplying this percentage against Animal Services operational budgeted expense for each facet. Combined, this then represents the City's total service cost in proportion to the County and all other contracting parties. b)Credit for Fees - The average annual revenue generated from fees or fines assessed directly to residents of the City by Animal Services over the preceding three years will be applied against the City's total service cost.
c)Determination of Service Fee - The fee assessed to the City for provision of services outlined in this contract shall be determined by subtracting the average revenue as determined by item 4b of this exhibit from the average cost of service as determined by item 4a of this exhibit.
5)Billing: County shall bill City for contracted services in quarterly increments. City shall remit payment to the County within thirty (30) days of receipt of billing. 6)Year End Variance – In the event that Animal Services’ net operational costs for any fiscal year are less than projected in the calculation of the service fee methodology (Item 4 of Council Agenda 8-19-2025 9.E-11
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this exhibit), the City’s proportionate share of that savings shall be applied as a credit against the calculated service fee for the subsequent fiscal year.

In the event that Animal Services net operational costs for any fiscal year exceed projections in the calculation of the service fee methodology (Item 4 of this exhibit), the City’s proportionate share of the overage shall be added to the calculated service fee for the subsequent fiscal year.

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CONTRACT FOR

ANIMAL CARE AND CONTROL SERVICES
EXHIBIT C – DURATION
1)Effective Date: This contract shall be effective July 1, 2025, or fifteen (15) days following of the date of the signature of the County, whichever is later. The County shall be the last to sign this contract.
2)Service Date: City and County acknowledge that the services provided under this contract are a continuation of those established during the preceding contract term and that these services may have been provided continually and without interruption between July 1, 2025, and the date of execution by the County in order to ensure the interest of public service.
a)Both City and County expressly and retroactively authorize the provision of these services.
b)For the purposes of billing and determination of the First Year Service Fee as provided in Exhibit B, the first year of service will be presumed to have begun on July 1, 2025.
3)Duration: The term of this Contract shall expire June 30, 2030, unless terminated sooner as provided in Exhibit D.

Council Agenda 8-19-2025 9.E-13
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CONTRACT FOR

ANIMAL CARE AND CONTROL SERVICES
EXHIBIT D – GENERAL CONDITIONS
1) Termination: Either party may terminate this contract at any time by giving the other party thirty (30) days written notice of termination. Termination for convenience shall have no effect upon the rights and obligations of the parties arising out of any services provided occurring prior to the effective date of such termination. County shall be paid for all work satisfactorily completed prior to the effective date of termination. In the event that the contract is terminated prior to the conclusion of a quarterly billing cycle, the City shall remit to the County a prorated amount based upon the number of days of service relative to the total number of days in the billing cycle. 2) Indemnification: Nothing in the provisions of this Contract is intended to create duties or obligations to, or rights in third parties not party to this contract or affect the legal liability of either party to contract, by imposing any standard of care respecting the regulation and enforcement of laws regarding animals different from the standard of care imposed by law.
a) It is understood and agreed that neither City, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Contract. It is also understood and agreed that pursuant to Government Code 895.4, County shall defend, indemnify and save harmless the City, all officers, and employees from all claims, suits or actions of every name, kind, and description brought forth or on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by the County under this Contract except as otherwise provided by Statute.
b) It is understood and agreed that neither County nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this Contract. It is also understood and agreed that pursuant to Government Code Section 895.4, the City shall defend, indemnify and save harmless the County, all officers and employees from all claims, suits or actions of every name, kind and description brought forth on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by City under connection with any work, authority or jurisdiction delegated to the City under this Agreement except as otherwise provided by Statute.

Council Agenda 8-19-2025 9.E-14
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3) Notices: Any notice, payment, statement, or demand required or permitted to be given hereunder by either party to the other shall be affected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three days after mailing.

COUNTY CITY
Eric Anderson, DVM
Animal Services Manager
865 Oklahoma Ave.

San Luis Obispo, CA 93405

4) Status of the Parties' Officers/Employees/Agents: Neither party’s officers, employees, agents, partners, other contractors or subcontractors shall be deemed to be employees of the other party at any time. Nothing in this contract shall be construed as creating a civil service employer - employee relationship or a joint venture relationship. No officer, employee, agent, partner, other contractor or subcontractor of the other party shall be eligible for membership in or receive benefits from any plan for hospital, surgical, or medical insurance, or be eligible for membership in any retirement program, paid vacation, paid sick leave, other leave, with or without pay, collective bargaining rights, grievance procedures, appeals to the Civil Service Commission or any other benefits which inures to or accrues to an employee of the other party. The only performance and rights due the other party are those specifically stated in this contract. 5) Governing Law and Venue: This Contract shall be governed by and construed in accordance with the laws of the State of California. Additionally, this contract has been formed and shall be performed in San Luis Obispo County; the venue for any legal action on the contract shall be in San Luis Obispo County. 6) Entire Agreement: This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without the prior written agreement of the parties. 7) Severability: In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract.
8) Successors and Assigns: This Contract shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns.

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9)Captions: The captions to the various clauses of this Contract are for information purposes only and shall not alter the substance of the terms and conditions of this Contract.
10) Authorization: Each of the parties represents and warrants to the other that this Contract has been duly authorized by all necessary corporate or governmental action on the part of the representing party and that this Contract is fully binding on such party.

Council Agenda 8-19-2025 9.E-16
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.F
Meeting Date: August 19, 2025
TITLE:

Authorization for Change Orders #1 and #2 with Souza Engineering Contracting, Inc. dba Souza Construction and Notice of Completion for the Oak Park Medical Plaza Parking Lot Repair Project
RECOMMENDATION:

1. Adopt a Resolution authorizing the City Manager to execute Change Order #1 in the amount of $50,356.41 and Change Order #2 in the amount of ($25,435.30) for a total net increase of $24,921.11 with Souza Engineering Contracting, Inc. dba Souza Construction for the Oak Park Medical Plaza Parking Lot Repair Project;

2. Accept the Oak Park Medical Plaza Parking Lot Repair Project as complete;

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

DISCUSSION:

On April 1, 2025, the City Council awarded a contract to Souza Engineering Contracting, Inc. dba Souza Construction (Souza Construction) for the removal and replacement of damaged asphalt and sub-base in the privately-owned parking lot located at 901 N. Oak Park Boulevard. The parking lot was damaged when a valve that is part of City-owned water infrastructure that runs beneath the parking lot ruptured.

During the course of construction, the contractor was unable to achieve required compaction of the soils due to an unexpected amount of water underground. Additional measures were required of the contractor that resulted in a change in the character of the work, slowing progress and increasing costs. The additional work was completed by Souza Construction on a time and materials basis.

Construction of the project is now complete, and the contractor has provided its documentation of the actual cost of the added work. The total cost of the proposed Change Order #1 is $50,356.41. Change Order #2 is a balancing change order which accounts for underruns in actual quantities of several bid items, resulting in a contract deduction of ($25,435.30). The net increase from both change orders is $24,921.11, bringing the total construction contract amount to $132,442.11.

Conclusion and Recommendation
Staff recommends the Council adopt a resolution (Attachment 1) authorizing the City Manager to execute Change Order #1 (Attachment 2) and Change Order #2 (Attachment 3) to the existing Souza Construction contract. Souza Construction has completed the contracted services, and the Oak Park Medical Plaza Parking Lot Repair Project has been completed in accordance with the plans, specifications and contract documents. Staff also recommends that the City Council accept the project as complete Council Agenda 8-19-2025 9.F-1
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and authorize the Notice of Completion (Attachment 4) to be recorded at the County Clerk’s office.

FISCAL IMPACT:

The fiscal impact of adopting the attached resolution and approving Change Orders #1 and #2 is an additional $24,921.11. There is sufficient budget in the Fiscal Year (FY) 2026 Water Construction Fund North Oak Park Repair project account to support this cost.

ATTACHMENTS:

1. Resolution

2. Change Order #1

3. Change Order #2

4. Notice of Completion
Prepared by:

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

Council Agenda 8-19-2025 9.F-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 CHANGE ORDER #1 IN THE AMOUNT OF $50,356.41 AND CHANGE ORDER #2 IN THE AMOUNT OF ($25,435.30) FOR A TOTAL NET INCREASE OF $24,921.11 WITH SOUZA ENGINEERING CONTRACTING, INC. DBA SOUZA CONSTRUCTION FOR THE OAK

PARK MEDICAL PLAZA PARKING LOT REPAIR PROJECT
WHEREAS, the privately-owned parking lot and driveway located at 901 N. Oak Park Boulevard was damaged when a valve that is part of City-owned water infrastructure that runs beneath the parking lot ruptured; and
WHEREAS, on April 1, 2025, the City Council awarded a contract to Souza Engineering Contracting, Inc. dba Souza Construction (Souza Construction) for the removal and replacement of damaged asphalt and sub-base in the parking lot; and WHEREAS, during the course of construction several unforeseen issues arose resulting in a change in the character of the work, and work was completed by Souza Construction on a time and material basis; and
WHEREAS, construction of the project is now complete, and the contractor has provided its documentation of the actual cost of the added work; and WHEREAS, underruns in actual quantities used of several bid items is documented in a balancing changer order; and
WHEREAS, there is sufficient budget in the Fiscal Year 2026 Water Construction Fund North Oak Park Repair project account to support this cost.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Change Order #1 in the amount of $50,356.41 and Change Order #2 in the amount of ($25,435.30) for a total net increase of $24,921.11 with Souza Engineering Contracting, Inc. dba Souza Construction, in substantially the form attached to staff’s report dated August 19, 2025, for the Oak Park Medical Plaza Parking Lot Repair Project.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 19th day of August 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Council Agenda 8-19-2025 9.F-3
Attachment 1
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RECUSED:

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 8-19-2025 9.F-4
Attachment 1
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No 1
Project:

Date of Issuance
Contractor:

You are directed to make the following changes in the Contract Documents.

Change in Contract Price
Original Contract Price:
$10 days
No. N/A to No. N/A to
No. N/A No. N/A
$0 Days
Contract Time Prior to this Change Order:
$10 days
Net change of this Change Order:
$0 days
$10 days
Recommended:Recommended:
by by
Approved:Approved:Approved:

Rosemarie Gaglione, PE Jorge Garcia Contractor
Director of Public Works City Manager
157,877.41
The amount and time provided in this contract change order are a full and final accord and satisfaction of all costs and time directly and indirectly related and all other claims related hereto are hereby waived. The Contractor has reviewed the plans and specifications related to this change order and all changes thereto are accounted for in the attachment labeled "Attachment A". 107,521.00

0.00 Net increase (decrease) of this Change Order
Contract Price with all approved Change Orders
Contract Price Prior to this Change Order
50,356.41
Contract Time with all approved Change Orders:

Previous Change Orders:

Purpose of Change Order:Discovered saturated soil during excavation. Replacement of two valves Attachments: (List documents supporting change)
Change in Contract Time:

Original Contract Time:

Previous Change Orders:

Souza Construction
Description:Replace two (2) water valves. Change of character of the work. Original scope

CHANGE ORDER
107,521.00
(Instructions Follow)
August 8, 2025
Oak Park Medical Plaza Parking Lot
requested the dig out and place/compact the same soil. Scope was revised to remove and haul off the saturated soil, install geofabric and replace with base material.

CouncilpAgendap8JF9J2"25 9.F-5
Attachment 
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No 2
Project:

Date of Issuance
Contractor:

Change in Contract Price
Original Contract Price:
$10 days
No. 0 to No. 0 to
No. 1 No. 1
$0 Days
Contract Time Prior to this Change Order:
$10 days
Net change of this Change Order:
$0 days
$10 days
Recommended: Recommended:
by by
Approved: Approved: Approved:

Rosemarie Gaglione, PE Jorge Garcia Contractor
Director of Public Works City Manager
Souza Construction

CHANGE ORDER
August 8, 2025
Oak Park Medical Plaza Parking Lot
107,521.00
(Instructions Follow)
You are directed to make the following changes in the Contract Documents.

Description:BALANCING CHANGE ORDER
Purpose of Change Order:Full or partial descope of line items 3, 5, 7, & 8 Change in Contract Time:

Original Contract Time:

Attachments: (List documents supporting change)
Contract Time with all approved Change Orders:

Previous Change Orders:
132,442.11
The amount and time provided in this contract change order are a full and final accord and satisfaction of all costs and time directly and indirectly related and all other claims related hereto are herby waived. The Contractor has reviewed the plans and specifications related to this change order and all changes thereto are accounted for in the attachment labeled "Attachment A". 157,877.41
50,356.41
Net increase (decrease) of this Change Order
Contract Price with all approved Change Orders
Contract Price Prior to this Change Order
(25,435.30)
Previous Change Orders:

CouncilRAgendaR8FL9F"Y"5 9wFF6
AttachmentR3
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RECORDING REQUESTED BY:

WHEN RECORDED, RETURN TO:

CITY CLERK

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

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

NOTICE OF COMPLETION AND ACCEPTANCE

FOR OAK PARK MEDICAL PLAZA PARKING LOT REPAIR PROJECT
NOTICE IS HEREBY GIVEN by the City of Pismo Beach in the County of San Luis Obispo, State of California, as follows:

1.That on the 19th of August 2025, the project hereunder described was considered completed and accepted by the City Council of the City of Pismo Beach.

2.That the description of said project is the construction of parking lot repairs, for the City of Pismo Beach.

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

4.That the name of the owner/contractor on said project is Souza Engineering Contracting, Inc. dba Souza Construction, 4027 Santa Fe Road, San Luis Obispo, CA 93401.

5.The name of the Surety on the project is Everest National Insurance Company, 100 Everest Way, Warren, NJ 07059.

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

Date:

Jorge E. Garcia, City Manager
Attest:

Erica Inderlied, City Clerk
Council Agenda 8-19-2025 9.F-7
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
Meeting Date: August 19, 2025
TITLE:

Declaration of City-Owned Property as Surplus Land and Implementation of Procedures Under the State of California Surplus Land Act and the Coastal Act; Making a Finding of Exemption under the California Environmental Quality Act RECOMMENDATION:

Adopt a Resolution declaring that real properties owned by the City located at APNs 010- 302-030 and 010-302-031 are exempt surplus land and not necessary for the City’s use pursuant to Government Code Section 54221, authorizing the City Manager to comply with the procedures under the surplus land act, and finding that such declaration and authorization is exempt from environmental review under the California Environmental Quality Act.

DISCUSSION:

Assembly Bill 1486 (AB 1486, 2019) provides that land shall be declared either “surplus land” or “exempt surplus land” before a local agency may take any action to sell or lease land that the agency owns. AB 1486 further added provision prohibiting local agencies from negotiating any disposition of the property prior to compliance with the procedural requirements of the California Surplus Land Act.

The City currently owns property known as the Chapman Estate at 1243 Ocean Boulevard, Pismo Beach, which is approximately 1.55 acres and is made up of two parcels, APN 010-302-030 and APN 010-302-031. In August 2024, the City Council received an assessment of the Chapman Estate’s physical condition, operational and maintenance activities, and financial summaries. The City Council determined that operating and maintaining the Chapman Estate was not financially prudent nor was it reasonable to continue to operate and maintain. As such, the City Council directed staff to take the necessary steps needed to dispose of the property. To sell or lease the Chapman Estate, the City must now comply with the Surplus Land Act as amended by AB 1486.

Procedure
As noted above, the amended Surplus Land Act, Government Code sections 54220 et seq., requires the City to first declare this property to be exempt surplus land and offer such exempt surplus land to various entities for parks or open space before it can privately negotiate any disposition and dispose of the land. This action is consistent with the Costal Act requirements which restrict the use of the property to recreational and public use per the terms and conditions of the Distribution Agreement dated December 30, 2013 (Attachment 2), which transferred the property to the City. Therefore, pursuant to the amended Surplus Land Act and Coastal Act, City staff must send a written Notice of Availability of the City-owned properties by email or certified mail to the California Department of Housing and Community Development (HCD) and any regional park authority and State Resources agency for open-space purposes.

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If one of the entities/agencies receiving the Notice of Availability desires to purchase or lease the property, it must notify the City of its interest to do so in writing within 60 days of receiving the City’s notice, and the City must negotiate in good faith with the entity/agency so responding for a period of 90 days. If no one replies within 60 days of issuance of the Notice of Availability, the City may dispose of the property without regard to the Surplus Land Act.

If the City receives a reply, it must enter negotiations with an entity interested in parks or open space. If multiple notices of interest are received, the Surplus Land Act establishes priorities. In the event no agreement is reached between the City and any interested entity/agency after the 90-day good faith negotiation period, the land may then be disposed of without further regard to the Surplus Land Act.

Environmental
Staff has determined that the designation of this property as exempt surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by CEQA Guidelines Section 15378.

Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) declaring that real properties owned by the City located at APNs 010-302-030 and 010-302-031 are surplus land and not necessary for the City’s use pursuant to Government Code Section 54221, authorizing the City Manager to comply with the procedures under the Surplus Land Act, and finding that such declaration and authorization is exempt from environmental review under the California Environmental Quality Act.

FISCAL IMPACT:

There is no direct financial impact associated with declaring the Chapman Estate surplus property. However, depending on the number of responses to the Notice of Availability, City staff may need to spend multiple hours negotiating with multiple entities. Subsequent actions, should the City find an interested party, will have a financial impact and will be evaluated as part of those actions.

ATTACHMENTS:

1. Resolution

2. Chapman Estate Distribution Agreement
Submitted by: Scot Graham, Community Development Director City Manager Approval:

Council Agenda 8-19-2025 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 DECLARING THAT REAL PROPERTIES OWNED BY THE CITY LOCATED AT APNs 010-302-030 AND 010-302-031 ARE EXEMPT SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE PURSUANT TO GOVERNMENT CODE SECTION 54221, AUTHORIZING THE CITY MANAGER TO COMPLY WITH

THE PROCEDURES UNDER THE SURPLUS LAND ACT, AND FINDING THAT

SUCH DECLARATION AND AUTHORIZATION IS EXEMPT FROM ENVIRONMENT

REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Pismo Beach ("City") is owner in fee simple of certain restricted real property located at APNs 010-302-030 and 010-302-031, commonly known as the Chapman Estate and depicted in Exhibit A ("Property"); and WHEREAS, when the City owns surplus land in fee simple and such land is no longer necessary for the City use, then under the Surplus Properties Land Act, Government Code Sections 54220–54233 ("Act") the City must either declare the land surplus land or exempt surplus land; and
WHEREAS, the City Council desires to declare the property exempt surplus land and not necessary for City use; and
WHEREAS, the City received title to this Property with a restriction that the owner shall use the land for recreational and general public use purposes only; and WHEREAS, the Property legally qualifies as exempt surplus land because the Property is “Land Subject to Valid Legal Restrictions” [Gov. Code §54221(f)(1)(J); HCD Guidelines § 103(c)(8)] due to the restrictions in the disposition agreement that require the City to use the property for public recreational uses, except for the residential lease which is personal and non-transferable, and therefore meets the following criteria: i) the restriction was not imposed by the local agency, ii) the restriction makes housing a prohibited use, and iii) there is no feasible method to mitigate or avoid the prohibition of housing on the site; and
WHEREAS, the Act requires that, before City Council disposes of exempt surplus land or engages in negotiations to dispose of exempt surplus land, the City must support such a determination with written findings and shall provide a copy of the written determination to the California Department of Housing and Community Development (HCD) at least 30 days prior to disposition.

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

1. The previous recitals are true and correct and a substantive part of this resolution.

Council Agenda 8-19-2025 12.A-3
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2. The City Council hereby finds and declares the property described in the attached Exhibit A as exempt surplus land because the land is in the Coastal Zone and is restricted to recreational and public use per the terms and conditions of a Distribution Agreement dated December 30, 2013, which transferred the Property to the City. The subject property is commonly known as the Chapman Estate, located at 1243 Ocean Boulevard, Pismo Beach, California, and consists of Assessor’s Parcel Numbers 010-302-030 and 010-302-031.

3. The City Council directs the City Clerk or designee to send this resolution by electronic mail to the California Department of Housing and Community Development (“HCD”) in compliance with HCD's Surplus Land Act Guideline Section 400 and to send a Notice of Availability (NOA) for open space purposes to HCD and designated parks entities per Gov. Code §54221(f)(2) and HCD Guidelines §103(d)(3).

4. The City has reviewed this resolution with respect to applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). City staff has determined that the designation of this property as exempt surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of this resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

5. The City Council authorizes the City Manager and other City officers and staff, jointly and severally, to do all things which they deem necessary or proper to effectuate the purposes of this resolution and ratifies and confirms any such actions previously taken. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase or lease the Properties in compliance with the Act.

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 19th day of August 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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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
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.B
Meeting Date: August 19, 2025
TITLE:

Pier Airstream Trailer Concession Discussion
RECOMMENDATION:

Provide direction to staff regarding the use of an airstream trailer for concessions on the Pier.

BACKGROUND:

On March 20, 2018, the City Council approved the concept of the Pier Plaza / Parking Lot Upgrade project, which included the use of airstream trailers, to be located on the first diamond of the Pier, to function as a Visitor Information Kiosk (VIK), bait shack, and concession stand. On October 16, 2018, the City Council authorized the City Manager to negotiate and purchase used airstream trailers to be used for the project.

In August 2019, the City undertook a competitive bid process for a food vendor to operate concessions out of one of the airstream trailers. The selection committee selected Rib Line by Brian, LLC (Rib Line), and the City Council awarded the license agreement on September 3, 2019. Rib Line began work in November 2020 under a three-year agreement with two one-year options for renewal. The current agreement expires in October 2025.

In July 2025, in anticipation of the upcoming contract term end, staff published a Request for Proposals seeking proposals for operation of the airstream trailer that serves as a restaurant, and four proposals were received.

Discussion
On August 5, 2025, the City Council directed staff to pause the selection process and return at a future meeting with a discussion item regarding the restaurant concession on the first diamond of the Pier. Staff has prepared an overview of the land use designation that established the concession use at this location, and a financial summary of the revenues and expenditures associated with the restaurant concession.

Land Use History
In 2003, City Council adopted Resolution R-03-50, making a number of General Plan amendments, including the designation of the Pier as open space (OS). This action was ratified by the California Coastal Commission in September 2003. Staff has determined that, at some point between 2003 and 2006, the General Plan designation for the Pier was changed from OS to resort commercial (RC) for the first diamond of the Pier on certain documents, which change was ultimately incorporated into the General Plan/Local Coastal Program (GP/LCP) document. Since that time, staff’s research has resulted in the conclusion that the change from OS to RC was not formally accomplished by legislative action. As such, if the City Council desires to continue commercial uses on the Pier, a General Plan amendment and zoning (land use) change will be required.

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Financial History:

A summary of revenues and expenditures associated with the restaurant airstream trailer are shown below.

Revenues:

The current agreement for the restaurant airstream trailer includes a base license fee of $2,431, subject to an annual CPI adjustment, plus 2% of gross sales revenue, paid by the licensee to the City. Over the almost five-year term, total revenue collected from the licensee for both the base license fee and the 2% of gross sales revenue amounts to $217,376 through August 2025. Including forecasted revenue through October 2025, the revenue total is $225,737, as shown in Table 1.

Table 1. Revenue Collected
2021 2022 2023 2024
2025
Forecast
through
October
Total
Revenue $47,230 $47,546 $44,478 $43,723 $42,760 $225,737 Expenditures:

The restaurant airstream trailer cost $151,458, which includes the initial purchase price, conversion, and improvements. Utility costs incurred over the license agreement term to date are as follows: PG&E: $23,421, SoCalGas: $23,395, Internet: $3,168, and Security:
$2,289. All utility expenses are fully reimbursed by the licensee.

In addition, ongoing operational costs for maintenance and repairs specific to the restaurant trailer over the past five years total $21,445, of which $12,170 is related to exterior polishing.

Overall, revenue from the base license fee and the 2% of gross sales revenue has fully covered the initial investment in the restaurant trailer over the past five years.

Alternatives (if Desired)
Staff has prepared three potential scenarios for the City Council’s discussion:

1. Continue with the RFP process and select a vendor for the airstream concessions.

This use would then be incorporated into the LCP/General Plan Amendment process.

2. Cancel the RFP process and take no further action until a later date. The existing license agreement would be terminated at the end of the current period.

3. Cancel the RFP process, do not pursue a third-party vendor, and remove the airstream trailer from the Pier.

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Conclusion and Recommendation
Provide direction to staff the use of an airstream trailer for concessions on the Pier.

FISCAL IMPACT:

There is no fiscal impact associated with this discussion. However, depending on the City Council’s direction to staff, there will likely be expenditures or revenue impacts, which staff can analyze further at the request of City Council.

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

Jorge Garcia, City Manager
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item 12.C
Meeting Date: August 19, 2025
TITLE:

Introduction (First Reading) of an Ordinance Amending Pismo Beach Municipal Code Chapter 5.11 – Massage Establishments
RECOMMENDATION:

Introduce an Ordinance amending Chapter 5.11 Article 1: Massage Establishments, of the Pismo Beach Municipal Code, Relating to Schools of Massage and other Administrative Provisions.

DISCUSSION:

On April 1, 2025, the City Council directed staff to prepare amendments to the City’s massage establishment ordinance to address operational and permitting requirements for massage schools and to reduce or eliminate the existing 1,000-foot separation requirement between massage establishments.

Chapter 5.11 of the Pismo Beach Municipal Code (PBMC) was originally enacted to regulate the operation of massage establishments, establish health and safety requirements, and provide a framework for enforcement to prevent illicit activity. The ordinance relied on distance requirements between establishments to prevent over- concentration.

Over time, the California Massage Therapy Council (CAMTC) has strengthened professional standards and licensing requirements for practitioners and establishments.

In addition, the City recognizes the need to address educational institutions offering massage therapy instruction to ensure these facilities are appropriately regulated while supporting professional training opportunities.

The proposed ordinance (Attachment 1) expands definitions to include “school of massage” or “massage school” as CAMTC-approved institutions and require massage schools to obtain a massage establishment/school permit issued by the Police Department, similar to massage establishments. The amendments establish permitting, background check, and operational requirements specific to massage schools, including those offering instruction as a stand-alone facility or as part of an existing massage establishment, and require students providing massage services to the public to do so under appropriate supervision.

The amendments also reduce the existing 1,000-foot separation requirement between massage establishments to 500 feet. The reduced separation standard of 500 feet applies only to primary massage establishments, which occupy more than 25 percent of the floor area, with an explicit exemption for massage schools. This change is intended to allow greater flexibility for businesses and training facilities, reflecting current market and regulatory conditions. Because this proximity limitation is also reflected in the Zoning Council Agenda 8-19-2025 12.C-1
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Code, the City Council’s direction to reduce it in Chapter 5.11 will also need to be accounted for in the forthcoming Zoning Ordinance update.

Finally, the proposed ordinance makes other streamlining and housekeeping revisions, including adjusting the language regarding the permitting appeals process to more closely match the administrative appeals process established by PBMC Chapter 1.24.

Alternatives
The City Council may introduce the ordinance as proposed, modify the ordinance and introduce it as amended, or take no action, in which case the existing ordinance would remain in effect.

Recommendation
Staff recommends that the City Council introduce an ordinance (Attachment 1) that will amend PBMC Chapter 5.11, Article 1 to allow for the permitting of massage schools, reduce the existing proximity limitation between establishments, and make other administrative updates. 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:

No significant fiscal impact is anticipated from staff’s recommended action. Application and renewal fees for massage establishments and massage schools are set by City Council resolution and are designed to recover costs of background checks, inspections, and permit processing.

ATTACHMENTS:

1. Draft Ordinance
Submitted by: Jeff Smith, Chief of Police
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 AMENDING CHAPTER 5.11 ARTICLE 1: MASSAGE

ESTABLISHMENTS, OF THE PISMO BEACH MUNICIPAL CODE, RELATING TO

SCHOOLS OF MASSAGE AND OTHER ADMINISTRATIVE PROVISIONS
WHEREAS, Article 11, Section 7 of the California Constitution authorizes the City to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, Chapter 5.11, Article 1 of the Pismo Beach Municipal Code regulates the personal services businesses of massage establishments by imposing certain performance standards, including limiting hours of operation and imposing professional certification requirements, to help minimize actual and potential negative impacts from such businesses, such as human trafficking; and
WHEREAS, it is the intent of the City Council in enacting this ordinance to maintain high standards of professional qualification for massage practitioners in the city while providing some flexibility in how those standards are met, including provisions for massage therapy instruction as part of CAMTC-approved schools of massage; and WHEREAS, the Council desires to make other amendments to the existing regulations in order to facilitate ease of compliance by legitimate massage practitioners in the city.

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.

Chapter 5.11, Article 1, of the Pismo Beach Municipal Code is hereby revised to read in its entirety as follows:

Article I. Massage Establishments

5.11.020 Purpose and intent—massage establishments.

A. In enacting this article regarding massage establishments, the city council recognizes that commercial massage therapy is a professional pursuit which can offer the public valuable health and therapeutic services. The city council further recognizes that, unless properly regulated, the practice of massage therapy and the operation of massage establishments may be Council Agenda 8-19-2025 12.C-3
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associated with unlawful activity and pose a threat to the quality of life in the local community. Accordingly, it is the purpose and intent of this article to protect the public health, safety, and welfare by providing for the orderly regulation of businesses providing massage therapy and education services, discouraging prostitution, human trafficking, and related illegal activities carried on under the guise of massage therapy, and establishing certain sanitation, health, and operational standards for massage establishments.

B. Furthermore, it is the council's purpose and intent to rely upon the uniform statewide regulations applicable to massage practitioners and establishments that were enacted by the State Legislature in 2008 as Business and Professions Code Section 4600 et seq. by Senate Bill 731, amended in 2011 by Assembly Bill 619, amended in 2014 by Assembly Bill 1147, amended in 2016 by Assembly Bill 2194 which also amended Government Code Section 51034, and amended by Assembly Bill 1504, or substantially similar qualifications, and to restrict the commercial practice of massage in the city to those persons duly certified to practice by the California Massage Therapy Council or who have substantially similar qualifications or are actively pursuing such certification or substantially similar qualifications and are properly supervised, and to provide for the registration and regulation of massage establishments for health and safety purposes to the extent allowed by law.

5.11.030 Definitions.

For the purposes of this article, unless the particular provision or the context otherwise clearly requires, the definitions in this section shall govern the construction, meaning, and application of words and phrases used in this article:

A. "Business" includes, but not by way of limitation, everything about which a person can be employed, and means that which occupies the time, attention, and labor of persons for the purpose of producing a livelihood or profit, and connotes the efforts of persons by varied and diverse methods of dealing with each other, to improve their individual economic conditions, and for the purposes of this article shall include, without limitation, the advertising and soliciting of massages. The term "business" includes, but is not limited to, a massage practitioner who is the sole owner, operator, and employee of a massage establishment operating as a sole proprietorship, as well as a massage establishment which employs massage practitioners and therapists.

B. "California Massage Therapy Council" or "CAMTC" means the massage therapy organization formed pursuant to Business and Professions Code Section 4600.5.

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C. "Certified massage practitioner" means any individual certified by the California Massage Therapy Council as a certified massage therapist or as a certified massage practitioner pursuant to California Business and Professions Code Section 4600 et seq.

D."Client" means the customer or patron who pays for or receives massage services.

E. "Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

F. "Employee" means any person employed by a massage establishment who may render any service to the business, and who receives any form of compensation from the business.

G. "Established massage practitioner" means any person who is over eighteen years of age and who holds an established massage practitioner permit issued pursuant to Section 5.11.050 of this code and who is not a certified massage practitioner.

H. "Health officer" means the person appointed by the County of San Luis Obispo Health Department pursuant to the California Health and Safety Code or their authorized representatives or designees.

I. "Massage" or "massage therapy" means and refers to any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances.

J. "Massage establishment" means any establishment that offers massage therapy in exchange for compensation, including both fixed places of business and outcall services. This includes massage clinics, massage parlors, spas offering massage services, and massage schools providing services to the public for compensation, whether as part of their educational program or otherwise.

K. "Massage establishment permit" means the certification issued by the police chief, or their authorized representative(s) or designee(s), and required by this article in order to operate a massage establishment in Pismo Beach.

L. “Massage instruction” means instruction in massage therapy techniques, theory, or practice for compensation, whether or not such instruction includes hands-on training or supervision.

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M. "Massage practitioner" means a certified massage practitioner, an established massage practitioner, or a probationary massage practitioner.

N."Operator" or "massage establishment operator'' means any and all owners of a massage establishment and/or massage school.

O. "Outcall massage" means the engaging in or carrying on of massage therapy for compensation in a location other than the business operations address set forth on the massage establishment permit.

P. "Owner" means any of the following persons:

1. Any person who is a general partner of a general or limited partnership that owns a massage establishment.

2. Any person who has a five percent (5%) or greater ownership interest in a corporation that owns a massage establishment.

3. Any person who is a member of a limited liability company that owns a massage establishment.

4. Any person who has a five percent (5%) or greater ownership interest in any other type of business association that owns a massage establishment.

Q. "Person" means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.

R. "Police chief' means the police chief of the city of Pismo Beach and their authorized representative(s) or designee(s).

S. "Probationary massage practitioner" means any person who is over eighteen years of age and who holds a probationary massage practitioner permit issued pursuant to Section 5.11.060 and who is not a certified massage practitioner. Probationary massage practitioners may be either employees or students.

T. "Reception and waiting area" means an area immediately inside the front door of the massage establishment dedicated to the reception and waiting of patrons of the massage establishment and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.

U. "School of massage" or “massage school” means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Section 4600 et seq., as currently drafted or as may Council Agenda 8-19-2025 12.C-6
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be amended and is recognized and in good standing with the California Massage Therapy Council.

V."Sole proprietorship" means and includes any legal form of business organization where the business owner (sometimes referred to as the "sole proprietor") is the only person employed by that business to provide massage services.

W. "Solicit" means to request, ask, demand, or otherwise arrange for the provision of services.

X. “Student” means any individual receiving instruction in massage therapy who is not an employee of a massage establishment.

5.11.040 CAMTC certification and city permit required.

A. Individuals. At any time later than six (6) months after the effective date of this article, it shall be unlawful for any individual to practice massage therapy within the city of Pismo Beach unless that individual is (i) a certified massage practitioner by the California Massage Therapy Council, (ii) an established massage practitioner or (iii) a probationary massage practitioner. Certified massage practitioners and established massage practitioners who are providing massage therapy or instruction services as an independent contractor must obtain a valid city of Pismo Beach business license. Probationary massage practitioners must practice massage and/or massage therapy under the supervision of a certified massage practitioner or an established massage practitioner at a business with a valid massage establishment permit.

B. Businesses. At any time later than six (6) months after the effective date of this article, it shall be unlawful for any business to provide massage therapy within the city of Pismo Beach unless all individuals employed by the massage establishment to perform massage, whether as an employee, independent contractor, or sole proprietorship, are certified massage practitioners, established massage practitioners, or probationary massage practitioners (provided such probationary massage practitioners are provided adequate supervision) and said business has obtained a valid massage establishment permit issued by the police chief as provided in this article and a valid city of Pismo Beach business license.

C. Massage Schools. At any time later than six (6) months after the effective date of this article, it shall be unlawful for any person or business to operate a massage school within the city of Pismo Beach without a valid massage establishment permit. No person shall provide massage instruction except through a licensed school of massage that holds a valid massage establishment permit issued under this article.

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5.11.050 Established massage practitioner permit.

A. Application. The application for an established massage practitioner permit shall include all of the following:

1. Legal name of the applicant seeking to practice massage.

2. Address and telephone number of the applicant.

3. Name, address, and telephone number of the massage
establishment the applicant owns or at which the applicant is employed or independently contracted.

4. An application for a background check, including the following: Live scan fingerprints; all arrest, felony or misdemeanor convictions, pleas of guilty, pleas of nolo contendere, or expungements; the individual's business, occupation, and employment history for the five (5) years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage establishment, massage school, or similar business owned or operated by the individual whether inside or outside the city of Pismo Beach.

5. A diploma, certificate, or similar documentation from a licensed massage or massage therapy school demonstrating successful completion of curricula in massage and related subjects that incorporates appropriate school assessment of student knowledge and skill.

6. Documentation demonstrating sufficient level of training and/or experience as follows:
a. Completion of a minimum of five hundred (500) hours of massage therapy instruction, at least one hundred (100) hours of which addressed anatomy, physiology,
contraindications, health and hygiene, and business ethics, and passage of a massage and bodywork competency
assessment examination that meets generally recognized
psychometric principles.
b. In lieu of or in addition to training and experience required under Section 5.11.050(A)(6)(a) of this code, the applicant may instead provide documentation that the applicant has been practicing massage therapy in good standing since
before 2016, as evidenced by a valid business license,
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massage therapy license, or similar license, permit, or approval that has not been suspended or revoked at any point during the relevant time period.

7. A valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.

8. A signed statement that all of the information contained in the application is true and correct; and acknowledging that failure to comply with any applicable local, state, or federal law, or the provisions of this article may result in revocation of the established massage practitioner permit.

B. Issuance. Upon provision by the applicant of the foregoing documentation, the police chief may issue the applicant an established massage practitioner permit, which shall be valid for two (2) years from the date of issuance. No reapplication will be accepted within one (1) year after an application or renewal is denied or a permit is revoked. Established massage practitioner permits may not be issued if the applicant:

1. Is currently serving a suspension or revocation pursuant to Section

5.11.140 of this code;

2. Has received a notice of suspension, revocation, or fine issued pursuant to Section 5.11.140 of this code, or there is a currently pending appeal of such a suspension, revocation, or fine;

3. Has outstanding fines issued pursuant to Section 5.11.140 of this code that have not been paid;

4. Is a certified massage practitioner or a probationary massage practitioner.

C. Amendment. An established massage practitioner shall notify the police chief within thirty (30) days after any change in the established massage practitioner permit information, including, but not limited to any changes in address and/or telephone number, place of employment, or qualifications.

D. Renewal. An established massage practitioner shall apply to the police chief to renew its established massage practitioner permit at least thirty (30) days prior to the expiration of said permit. If an application for renewal of an established massage practitioner permit and all required information are not timely received and the permit expires, no right or privilege to provide massage therapy or instruction shall exist.

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E. Fees. A nonrefundable fee as set by resolution of the city council shall accompany the submission of each established massage practitioner permit application and renewal application to defray the costs of the application review and permit preparation. There shall be no fee for any amendment of an established massage practitioner permit. The provisions of this section shall not prevent the city from establishing fees for safety inspections as may be conducted from time to time and for the background checks, fingerprinting, and subsequent arrest notification for established massage practitioners.

F. Transfer. An established massage practitioner permit is not transferable.

G. Denial. In the event of a denial for an established massage practitioner permit, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail.

5.11.060 Probationary massage practitioner permit.

A. Application. The application for a probationary massage practitioner permit shall include all of the following:

1. Legal name of the applicant seeking to practice massage.

2. Address and telephone number of the applicant.

3. Name, address, and telephone number of the massage
establishment at which the applicant is or will be studying, employed, or independently contracted.

4. Name and address of a certified massage practitioner or an established massage practitioner sponsoring the applicant who works at the same massage establishment as the applicant.

5. An application for a background check, including the following: Live scan fingerprints; all arrest, felony, or misdemeanor convictions, pleas of guilty, pleas of nolo contendere, or expungements; the individual's business, occupation, and employment history for the five years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage establishment or similar business owned or operated by the individual whether inside or outside the city of Pismo Beach.

6. Proof of current enrollment in school of massage (i.e. a CAMTC- approved school or a licensed massage or massage therapy school).

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7. Documentation of successful completion of a minimum of one hundred (100) hours of curricula in massage and related subjects.

8. A valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.

9. A signed statement that all of the information contained in the application is true and correct; certifying that the applicant is actively pursuing certification with the CAMTC, and acknowledging that failure to comply with the California Business and Professions Code Section 4600 et seq., any other applicable local, state, or federal law, or the provisions of this article may result in revocation of the probationary massage practitioner permit.

B. Issuance. Upon provision by the applicant of the foregoing documentation, the police chief may issue the applicant a probationary massage practitioner permit, which shall be valid for one (1) year from the date of issuance. No reapplication will be accepted within one (1) year after an application or renewal is denied or a permit is revoked. Probationary massage practitioner permits may not be issued if the applicant:

1. Is currently serving a suspension or revocation pursuant to Section

5.11.140 of this code;

2. Has received a notice of suspension, revocation or fine issued pursuant to Section 5.11.140 of this code, or there is a currently pending appeal of such a suspension, revocation, or fine;

3. Has outstanding fines issued pursuant to Section 5.11.140 of this code that have not been paid;

4. Is a certified massage practitioner or an established massage practitioner.

C. Amendment. A probationary massage practitioner shall notify the police chief within thirty (30) days after any change in the probationary massage practitioner permit information, including, but not limited to any changes in address and/or telephone number, place of employment or study, qualifications, or successful certification by the CAMTC, or successful completion of curricula at a licensed massage or massage therapy school and sufficient level of training and/or experience such that the probationary massage practitioner is eligible for an established massage practitioner permit.

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D. Renewal. A probationary massage practitioner shall apply to the police chief to renew its probationary massage practitioner permit at least thirty (30) days prior to the expiration of said permit. If an application for renewal of a probationary massage practitioner permit and all required information are not timely received and the permit expires, no right or privilege to provide massage shall exist.

E. Fees. A nonrefundable fee as set by resolution of the city council shall accompany the submission of each probationary massage practitioner permit application and renewal application to defray the costs of the application review and permit preparation. There shall be no fee for any amendment of a probationary massage practitioner permit. The provisions of this section shall not prevent the city from establishing fees for safety inspections as may be conducted from time to time and for the background checks, fingerprinting, and subsequent arrest notification for probationary massage practitioners.

F. Transfer. A probationary massage practitioner permit is not transferable.

G. Denial. In the event of a denial for a probationary massage practitioner permit, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail.

5.11.070 Massage establishment permit.

A. Application. The application for a massage establishment permit shall include all of the following:

1. Legal name of the massage establishment.

2. Address and telephone number of the proposed massage establishment location.

3. Legal names of all owners of the massage establishment.

4. A list of all of the massage establishment's employees, students, and independent contractors who will be performing massage therapy and, for each employee, student, or independent contractor, either (i) a current copy of the CAMTC certification, (ii) the documentation required under Section 5.11.050 of this code for established massage practitioners or an established massage practitioner permit, or (iii) the documentation required under Section 5.11.060 of this code for probationary massage practitioners or a probationary massage practitioner permit.

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5. Residential address and telephone number of all owners of the massage establishment.

6. Business address and telephone number of all owners of the massage establishment.

7. The form of business under which the massage establishment will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form).

8. Each owner or operator of the massage establishment who is not a certified massage practitioner, established massage practitioner, or probationary massage practitioner shall submit an application for a background check, including the following: Live scan fingerprints; all arrest, felony, or misdemeanor convictions, pleas of guilty, pleas of nolo contendere or expungements; the individual's business, occupation, and employment history for the five (5) years preceding the date of the application; the inclusive dates of such employment history; the name and address of any massage establishment, massage school, or similar business owned or operated by the individual whether inside or outside the city of Pismo Beach.

9. For all owners, a valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.

10. For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business's employees, students, or independent contractors providing massage services; and acknowledging that failure to comply with the California Business and Professions Code Section 4600 et seq., any local, state, or federal law, or the provisions of this article may result in revocation of the business's massage establishment permit.

B. Issuance. Upon provision by the massage establishment of the foregoing documentation, the police chief may issue the massage establishment a massage establishment permit, which shall be valid for two (2) years from the date of issuance. No reapplication will be accepted within one (1) year after an application or renewal is denied or a permit is revoked. Massage establishment permits may not be issued to a massage establishment seeking to operate at a particular location if:

1. Another massage establishment is or was operating at that particular location and that massage establishment is currently serving a Council Agenda 8-19-2025 12.C-13
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suspension or revocation pursuant to Section 5.11.140 of this code, during the pendency of the suspension or one (1) year following revocation;

2. Another massage establishment is or was operating at that particular location and that massage establishment has received a notice of suspension, revocation, or fine issued pursuant to Section 5.11.140 of this code, during the ten (10) day period following receipt of the notice or while any appeal of a suspension, revocation, or fine is pending;

3. Another massage establishment is or was operating at that particular location and that massage establishment has outstanding fines issued pursuant to Section 5.11.140 of this code that have not been paid.

C. Amendment. A massage establishment shall notify the police chief within thirty (30) days after any change in the massage establishment permit information, including, but not limited to, the hiring or termination of certified massage practitioners, established massage practitioners, or probationary massage practitioners, or any changes in the owner(s)' addresses and/or telephone numbers.

D. Renewal. A massage establishment shall apply to the police chief to renew its massage establishment permit at least thirty (30) days prior to the expiration of said permit. If an application for renewal of a massage establishment permit and all required information are not timely received and the certificate expires, no right or privilege to provide massage therapy or instruction shall exist.

E. Fees. A nonrefundable fee as set by resolution of the city council shall accompany the submission of each massage establishment permit application and renewal application to defray the costs of the application review and permit preparation. There shall be no fee for any amendment of a massage establishment permit unless there is a change of address for the business location, at which time a new massage establishment permit application will be required along with a new facility inspection by both the police and fire departments. The provisions of this section shall not prevent the city from establishing fees for safety inspections as may be conducted from time to time and for the background checks, fingerprinting, and subsequent arrest notification for owners of a massage establishment who are subject to such background checks pursuant to this article.

F. Transfer. A massage establishment permit is not transferable to a new owner or ownership group. A new application for a massage establishment permit shall be submitted to the city by the new owner(s). A massage Council Agenda 8-19-2025 12.C-14
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establishment permit may not be transferred to a new owner during any period of suspension or one (1) year following revocation pursuant to Section 5.11.140 of this code, during the ten (10) day period following a massage establishment's receipt of a notice of suspension, revocation, or fine issued pursuant to Section 5.11.140 of this code or while any appeal of a suspension, revocation, or fine is pending. Further, a massage establishment permit application shall not be approved until all outstanding fines issued pursuant to Section 5.11.140 of this code have been paid.

G. Denial. In the event of a denial for a massage establishment permit, notification of the denial and reasons therefor shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail.

5.11.080 Operating requirements.

At any time later than six (6) months after the effective date of this article, no person shall engage in, conduct, carry on, or permit any massage therapy and/or instruction within the city of Pismo Beach unless all of the following requirements are met:

A. All massage practitioners must register, in person, with the Pismo Beach Police Department and certified massage practitioners must present a valid CAMTC certificate. Application for and issuance of an established massage practitioner permit or a probationary massage practitioner permit shall satisfy this in-person registration requirement.

B. Massage therapy and/or instruction shall be provided or given only between the hours of 6:00 a.m. and 9:00 p.m. No massage establishment shall be open and no massage therapy and/or instruction shall be provided between 9:00 p.m. and 6:00 a.m. A massage therapy or instruction session commenced prior to 9:00 p.m. shall nevertheless terminate at 9:00 p.m., and, in the case of a massage establishment, all clients shall exit the premises at that time. It is the obligation of the massage establishment to inform clients of the requirement that services must cease at 9:00 p.m.

C. A copy of the CAMTC certificate of each and every certified massage practitioner employed in the massage establishment shall be displayed in the reception area or similar open public place on the premises. A copy of the established massage practitioner permit or probationary massage practitioner permit of each and every established and probationary massage practitioner shall be present on site and available for immediate inspection during business hours. CAMTC certificates, established massage practitioner permits, or probationary practitioner permits of former employees and/or contractors shall be removed as soon as those massage Council Agenda 8-19-2025 12.C-15
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practitioners are no longer employed by or offering services through the massage establishment.

D. For each massage therapy service provided, including massage therapy sessions provided for purposes of instruction, every massage establishment shall keep a complete and legible written record of the following information: The date and hour that service was provided; the service received; the name or initials of the employee entering the information; and the name of the massage practitioner administering the service. Such records shall be open to inspection and copying by police officers, or other city officials charged with enforcement of this article. These records may not be used by any massage practitioner or operator for any purpose other than as records of service provided and may not be provided to other parties by the massage practitioner or operator unless otherwise required by law. Such records shall be retained on the premises of the massage establishment for a period of two years and be immediately available for inspection during business hours.

E. Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one (1) client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) client. Soiled linens and paper towels shall be deposited in separate, approved receptacles.

F. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the health officer.

Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the health officer. All walls, ceilings, floors, and other physical facilities for the business must be in good repair and maintained in a clean and sanitary condition.

G. Instruments utilized in performing massage therapy and/or instruction shall not be used on more than one (1) client unless they have been sterilized, using approved sterilization methods under the California Safe Body Art Act, Health & Safety Code Section 119300 et seq.

H. All massage establishment operators and their employees and/or students, including massage practitioners, shall wear clean, non-transparent outer garments. Said garments shall not expose their genitals, pubic areas, buttocks, or chest, and shall not be worn in such manner as to expose the genitals, pubic areas, buttocks, or chest. For the purposes of this section, Council Agenda 8-19-2025 12.C-16
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outer garments means a garment worn over other garments and does not include garments like underwear, bras, lingerie, or swimsuits.

I. No tobacco products or cannabis products shall be stored, sold, served, consumed, or furnished on the premises of any massage establishment. No person shall enter, be, or remain in any part of a massage establishment while consuming or using any tobacco or cannabis product. The owner, operator, responsible managing employee, or manager shall not permit any such person to enter or remain upon such premises.

J. No massage establishment shall place, publish or distribute, or cause to be placed, published, or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services as described in compliance with the provisions of this article.

K. No massage therapy or instruction shall be given unless the client's genitals are, at all times, fully covered. A massage practitioner shall not, in the course of administering any massage, make physical contact with the genitals of any other person regardless whether the contact is over or under the person's clothing.

L. Where the establishment has staff available to assure security for clients and massage staff are behind closed doors, the entry to the reception area of the massage establishment shall remain unlocked during business hours when the establishment is open for business or when clients are present.

M. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall, during business hours, block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.

For the purpose of this subsection, there is a presumption that the visibility is impermissibly blocked if more than ten percent (10%) of the interior reception and waiting area is not visible from the exterior window.

N. All signs shall be in conformance with the current ordinances of the city of Pismo Beach or as otherwise outlined in any applicable planning entitlement(s) or building permit(s) for the massage establishment.

O. Minimum lighting consisting of at least one (1) artificial light of not less than forty (40) watts shall be provided and in operation in each room or enclosure where massage therapy and/or instruction services are being performed, and in all areas where clients are present.

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P. Ventilation shall be provided in accordance with applicable building codes and regulations.

Q. Hot and cold running water shall be provided at all times.

R. Adequate dressing, locker, and toilet facilities shall be provided for clients.

S. A minimum of one (1) wash basin with hot and cold running water for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin.

T. Pads used on massage tables shall be covered with durable, washable plastic or other waterproof material. One-time use disposable pads are permitted as long as they are only used for one (1) client and then disposed of.

U. All massage establishments shall comply with all state and federal laws and regulations for disabled clients.

V. A massage practitioner shall operate only under the name specified in their CAMTC certificate, established massage practitioner permit, or probationary massage practitioner permit. A massage establishment shall operate only under the name specified in its massage establishment permit and city business license.

W. No massage establishment permit shall be issued for the operation of a massage establishment in a residence and no person shall be allowed to reside within the massage establishment or in attached structures owned, leased, or controlled by the massage establishment.

X. No massage establishment shall be open for business or provide massage therapy or instruction services between the hours of 11:00 p.m. and 5:00 a.m. No patron shall be permitted to enter or remain on the premises outside of the permitted operating hours.

Y. No new primary massage establishment shall be established or operated within five hundred (500) feet from any like establishment. Five hundred feet shall be the minimum linear distance between the closest points along the boundaries of the parcel upon which the existing personal services business is located and the parcel upon which the additional personal services business is proposed, respectively, as determined by the community development director or designee. "Primary" for purposes of this subsection means occupying more than twenty-five percent (25%) of the floor area of the establishment. Notwithstanding the foregoing, a school of massage may Council Agenda 8-19-2025 12.C-18
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operate as a stand-alone facility or as part of a massage establishment and shall not be subject to the distance requirement set forth in this section.

5.11.090 Outcall massage.

Outcall massage may only be performed under the following criteria:

A. Residences: Massage may be given at private residences owned or rented by the client. The massage practitioner must be either an employee, independent contractor, or sole proprietor of a currently permitted massage establishment in the city of Pismo Beach. Non-employee students receiving instruction in massage therapy shall not perform outcall massage services.

B. Special Events: At a city of Pismo Beach-approved special event by a certified massage practitioner who is either an employee, student, independent contractor, or sole proprietor of a currently permitted massage establishment in Pismo Beach or an individual operating only at the special event and who is in possession of and has on display a valid city of Pismo Beach business license.

5.11.100 Inspection by officials.

The investigating and enforcing officials of the city of Pismo Beach and the county of San Luis Obispo, including but not limited to law enforcement, code enforcement, fire officials, health officer, and the community development director, or their respective authorized representative(s) or designee(s), shall have the right to enter the massage establishment premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing, or health regulations, and to enforce compliance with applicable regulations, laws, and statutes, and with the provisions of this article. The Pismo Beach police department, community development department, and fire department may charge a nonrefundable fee for any safety inspections. Such fee shall be established by resolution of the city council.

5.11.110 Notifications.

A. A massage establishment shall notify the police chief of any changes described in Section 5.11.070 of this code pursuant to the timelines specified therein.

B. A registrant shall report to the police chief any of the following within ninety- six (96) hours of the occurrence:

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1. Arrests of any employees or owners of the registrant's massage establishment for an offense other than a misdemeanor traffic offense;

2. Resignations, terminations, or transfers of massage practitioners employed by, or studying at, the registrant's massage establishment;

3. Any event involving the registrant's massage establishment or the massage practitioners employed or studying therein that constitutes a violation of this article or state or federal law.

C. This section requires reporting to the police chief even if the massage establishment believes that the police chief has or will receive the information from another source.

5.11.120 Exemptions.

A. The provisions of this article shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties and providing massage therapy or instruction under their scope of practice:

1. Physicians, surgeons, chiropractors, osteopaths, nurses, or any physical therapists who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person.

2. Acupuncturists who are duly licensed under the laws of the State of California while engaging in the practice of acupuncture pursuant to California law.

3. Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face and/or scalp, hands, or feet of the clients.

4. Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions, while acting within the scope of their employment.

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5. Accredited high schools, junior colleges, colleges, or universities whose coaches and trainers are acting within the scope of their employment.

6. Trainers of amateur, semi-professional, or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event.

7. Individuals administering massages or health treatment involving massage to persons participating in single-occurrence athletic or recreational event, such as road races, track meets, triathlons, and other similar events, provided that all of the following conditions are satisfied:
a. The massage services are made equally available to all participants in the event;
b. The event is open to participation by the general public or a significant segment of the public such as employees of
sponsoring or participating corporations;
c. The massage services are provided at the site of the event and either during, immediately preceding, or immediately following the event;
d. The sponsors of the event have been advised of and have approved the provisions of massage services;
e. The persons providing the massage services are not the primary sponsors of the event.

5.11.130 Unlawful business practices may be enjoined; remedies cumulative.

Any massage establishment operated, conducted, or maintained contrary to the provisions of this article shall constitute an unlawful business practice pursuant to California Business & Professions Code Section 17200 et seq., and the city attorney may, in the exercise of discretion, in addition to or in lieu of taking any other action permitted by this article, commence an action or actions, proceeding or proceedings in the Superior Court of San Luis Obispo County, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including but not limited to abatement, removal of enjoinment thereof, fines, attorneys' fees, and costs. All remedies provided for in this article are cumulative.

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5.11.140 Suspension and revocation of permits.

A. Reasons.

1.Massage establishment permits may be suspended or revoked by the police chief upon finding any of the following grounds:
a. A massage practitioner employed or contracted by, or studying at, the massage establishment and providing
massage services is no longer in possession of current and valid CAMTC certification, established massage practitioner permit, or probationary massage practitioner permit. This subsection shall apply to a sole proprietor or a person employed or used by a massage establishment to provide
massage therapy and/or instruction.
b. An owner or sole proprietor:
i. Is required to register under the provisions of California Penal Code Section 290;
ii. Is arrested or convicted of a violation of any of the following sections of the California Penal Code: 266i,
315, 316, 318, 647(b), 653.22, 653.23;
iii. Has a business permit or license denied, revoked,
restricted, or suspended by any agency, board, city,
county, territory, or state;
iv. Is subject to an injunction for nuisance pursuant to California Penal Code sections 11225–11235;
v. Is convicted of a felony offense involving a controlled substance;
vi. Is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or
vii. Is convicted in any other state of an offense which, if committed in this state, would have been punishable
as one or more referenced offenses in this subsection.
c. The city determines that a material misrepresentation was included on the application for a massage establishment permit or a Pismo Beach business license or renewal of either.

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d. Violations of any of the following occurred on the premises of a massage establishment or were committed by a massage
practitioner: California Business and Professions Code
Section 4600 et seq.; any local, state, or federal law; or the provisions of this article.

2. Established massage practitioner permits or probationary massage practitioner permits may be suspended or revoked by the police chief upon finding the massage practitioner:
a. Is required to register under the provisions of California Penal Code Section 290;
b. Is arrested or convicted of a violation of any of the following sections of the California Penal Code: 266i, 315, 316, 318, 647(b), 653.22, 653.23;
c. Has a business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state;
d. Is subject to an injunction for nuisance pursuant to California Penal Code sections 11225–11235;
e. Is convicted of a felony offense involving a controlled substance;
f. Is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude;
g. Is convicted in any other state of an offense which, if committed in this state, would have been punishable as one or more referenced offenses in this subsection;
h. Materially misrepresented information on the application for an established massage practitioner permit or a probationary massage practitioner permit or renewal of either; or
i. Committed violations of any of the following: California Business and Professions Code Section 4600 et seq.; any local, state, or federal law; or the provisions of this article.

B. Procedures. Written notice of the suspension or revocation with the legal violation and supporting facts shall be served on the sole proprietor or owners or established massage practitioner or probationary massage practitioner, as applicable, by certified mail. The notice shall contain an Council Agenda 8-19-2025 12.C-23
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advisement of the right to request an appeal hearing pursuant to Chapter

1.24 of this Code.

C. Time period of suspension of permit. The police chief may suspend a permit for a period of time between five (5) days and the end of the permit term, at the police chief’s discretion.

D. Effective date of suspension or revocation. A suspension or revocation will become effective if no timely appeal is filed. In the event the police chief has denied the issuance or renewal of a permit, or has revoked an existing permit, the applicant or owner may elect to file an appeal of that decision to the hearing administrator. Such appeal must be made, and hearing proceedings shall be conducted to the greatest extent possible, in accordance with the provisions of Chapter 1.24 of this Code.

E. Reapplication. No reapplication for a massage establishment permit, established massage practitioner permit, or probationary massage practitioner permit will be accepted within one (1) year after such permit is suspended or revoked.

5.11.150 Public nuisance.

It shall be unlawful and a public nuisance for a massage establishment to be operated, conducted, or maintained contrary to the provisions of this article. The city may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, and enjoinment of that business in any manner provided by law.

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 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 Council Agenda 8-19-2025 12.C-24
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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.

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 19th day of August, 2025, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2025, on motion of Council Member , seconded by Council Member , and on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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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 XXXX, 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
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