PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
Meeting Date: October 7, 2025
TITLE:
Dinosaur Caves Landscaping Project Donation
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute an agreement with Margaret Wagner, Ben Trogdon, and Nick Wilkinson for contribution of funding and time to the Dinosaur Caves Park Landscaping Improvement Project and accepting the donation.
DISCUSSION:
For years, longtime Pismo Beach resident and veterinarian Margaret Wagner has had a vision to someday help create a spectacular succulent landscape at Dinosaur Caves Park. Earlier this year, Dr. Wagner approached the City Council with an offer to make this dream a reality for both her and for the City of Pismo Beach. At the April 1, 2025 Council meeting, Dr. Wagner shared that she is fighting metastatic breast cancer, and having no heirs, would like to donate something beautiful and lasting to the city that she loves.
Dr. Wagner is a member of the Cactus and Succulent Society of America and the Central Coast Cactus and Succulent Society, as are her associates Ben Trogdon and Nick Wilkinson, who are joining her in leading this effort to beautify Dinosaur Caves Park and showcase the beauty of cacti and other succulents. Dr. Wagner will be funding the work, which includes design, labor and materials. They have also offered to teach City staff how to care for the new plants.
Staff have been coordinating with Dr. Wagner and her associates on the Dinosaur Caves Landscaping Project to ensure that the installation meets the needs and standards of the City of Pismo Beach and well as her desire for beautification. Staff also went over the irrigation system with them and made space allowance for the upcoming Cliff Avenue Parking Project.
In addition to the project that is before the Council today, staff has reached out to Dr.
Wagner for ideas on plant selections for other projects, such as the Shell Beach Road Sports Courts. Staff appreciates her willingness to share information with us.
Conclusion and Recommendation
Staff recommends that the Council adopt a resolution accepting the Dinosaur Caves Park Landscaping Improvement Project Donation (Attachment 1) and authorizing the City Manager to sign the Dinosaur Caves Landscape Donation Agreement (Attachment 2).
FISCAL IMPACT:
There is no fiscal impact related to staff’s recommendation. The financial contribution and in-kind contribution of time, effort and materials will be managed by the donors, and the City will not take possession of the funding contributed.
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ATTACHMENTS:
1. Resolution
2. Agreement
Submitted by: Rosemarie R. Gaglione, Director of Public Works 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 EXECUTE AN AGREEMENT
WITH MARGARET WAGNER, BEN TROGDON, AND NICK WILKINSON FOR
CONTRIBUTION OF FUNDING AND TIME TO DINOSAUR CAVES PARK
LANDSCAPING PROJECT AND ACCEPTING THE DONATION
WHEREAS, the Dinosaur Caves Park Landscaping Project will enhance community recreational opportunities and beautification of the City; and WHEREAS, Margaret Wagner, Ben Trogdon, and Nick Wilkinson (the Donors) are community members who wish to contribute their expertise, funding, and materials to support the project; and
WHEREAS, the Donors have raised funds and secured materials for the project, including professional landscape design services, succulent plants, hardscape materials, and installation expertise; and
WHEREAS, the project involves creating a professionally designed and installed succulent plant landscape at Dinosaur Caves Park, incorporating drought-tolerant plants, signage for public information, and safety considerations for all visitors; and WHEREAS, the City will not take possession of the financial donation provided by the donors for this project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute an agreement with Margaret Wagner, Ben Trogdon and Nick Wilkinson for contribution of funding and time to Dinosaur Caves Park Landscaping Project, and accepts the in-kind donation for the 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 7th day of October 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
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Attachment 1
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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Attachment 1
AGREEMENT BETWEEN THE CITY OF PISMO BEACH AND MARGARET WAGNER, BEN
TROGDON, AND NICK WILKINSON FOR CONTRIBUTION OF FUNDING AND TIME TO
DINOSAUR CAVES PARK IMPROVEMENT PROJECT
THIS AGREEMENT ("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 Margaret Wagner, Ben Trogdon, and Nick Wilkinson ("Donors"). The City and Donors are sometimes referred to individually as a "Party" and together as "Parties."
RECITALS
A.The City owns and operates various parks and recreational facilities that serve the community and support activities for people of all ages and abilities.
B.The City's parks are important community assets, supporting recreational activities, community events, and quality of life initiatives for residents.
C.The City has identified a park improvement project that will enhance community recreational opportunities and beautification of the City ("the Project").
D.The Donors are community members who have identified the Dinosaur Caves Park landscape improvement project as beneficial to the community and wish to contribute their expertise, funding, and materials to support the Project.
E.Margaret Wagner, a longtime Pismo Beach resident and veterinarian, has been fighting metastatic breast cancer and wishes to create a beautiful and thriving succulent garden for visitors to enjoy as her legacy contribution to the community.
F.The Donors have raised funds and secured materials for the Project, including professional landscape design services, succulent plants, hardscape materials, and installation expertise.
G.The Project involves creating a professionally designed and installed succulent plant landscape at Dinosaur Caves Park, incorporating drought-tolerant plants, signage for public information, and safety considerations for all visitors.
H.In recognition of the Donors' fundraising efforts, professional expertise, and community contribution, the City has agreed to accept the Donors' donation and collaborative support for the Project.
NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement, the sufficiency of which is hereby agreed to, the City and Donors agree as follows:
AGREEMENT
A.Statement of Intent by the Parties
1.Donation and Services by Donors. The Donors' contribution to the City to support the Project is premised on the following commitments by the City:
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Attachment 2
a.The City will provide necessary permits, approvals, and coordination with City staff for project implementation.
2.Project Implementation by the Donors. The Donors will complete the Project, providing all materials, design, and installation work with City oversight and approval, as described in more detail in the Project Proposal (EXHIBIT A).
B.Donors' Obligations
1.Financial Contribution. The Donors agree to contribute funding for the Project with a total project budget of approximately $100,000 (one hundred thousand dollars) as managed and accounted for by Ben Trogdon.
2.Professional Services and Materials. The Donors will provide:
•Margaret Wagner: Project funding and coordination (proof of funds to be provided to City prior to the commencement of work)
•Nick Wilkinson: Professional landscape design, plant procurement, soil components, hardscape items, labor coordination, and irrigation supplies •Ben Trogdon: Project accounting, bill payment, and financial management
3.Design and Planning. A professionally designed landscape plan will be submitted for comment and approval to City Manager or his designated party.
4.Insurance and Licensing. Subject to the City's approval, copies of licenses, insurance, and City of Pismo Beach named as additional insured paperwork will be supplied to the responsible parties before work by any contractor begins.
Volunteers not employed by a contractor will sign the City’s Volunteer Waiver form.
5.Schedule Coordination. Schedule of work will be confirmed and agreed upon with the City prior to commencement.
C.City Obligations and Project Implementation
1.Project Approval and Oversight. The City agrees to:
•Review and approve the submitted landscape design plans •Coordinate with appropriate City departments for project oversight •Provide necessary permits and approvals for project implementation •Ensure the Project complies with all applicable laws, regulations, and permit requirements
2.Site Access and Coordination. The City will provide reasonable access to Dinosaur Caves Park for project implementation and coordinate with park personnel regarding scheduling and site logistics.
3.Project Timeline. The City will make reasonable efforts to facilitate timely project completion, subject to normal permitting processes, construction schedules, and weather conditions.
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Attachment 2
D.Project Specifications
The Project will include:
•Professionally designed and installed succulent plant landscape •Specimen anchor plants with additional boulders
•Drought-tolerant/fire-resistant qualities with signage for public information •Incorporation of boulders/hardscape with no rocks that can be picked up and no gravel top dressing in areas adjacent to pavement
•Plant selections safe for visitors (including children and pets) •Height consideration to prevent view blocking for neighbors •Utilization of current irrigation/sprinkler system versus installation of new drip irrigation
•Additional or future site improvements may include area in front of bathrooms, in planter between playground and restrooms, and around parking lot planters E.Maintenance and Long-term Care
1.Basic Maintenance Support. Following project completion and acceptance by the City, the City will provide basic maintenance such as leaf blowing, weeding, and similar routine care as part of normal park maintenance operations.
2.Specialized Maintenance. Quarterly maintenance with contracted landscape company for plant replacement, weed abatement, irrigation repair, etc., will be arranged and funded through:
•Potential establishment of endowment or non-profit funding (funded by Donors)
•Direct arrangement by Donors with City-approved landscape company F.Project Compliance with Applicable Laws
The City shall be solely responsible for ensuring the Project complies with all applicable laws, regulations, and permit requirements. The Donors shall ensure all work performed meets professional standards and City specifications.
G.Use of City Name and Recognition
The Donors may reference their partnership with the City of Pismo Beach in communications about the Project, subject to the City's reasonable approval of such references.
H.Counterparts
This Agreement may be executed in multiple counterparts and by electronic means, each of which so fully executed counterpart shall be deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.
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Attachment 2
I.Authority to Execute
Each Party hereto expressly warrants and represents they have the authority to execute this Agreement on behalf of their organization or governmental entity and warrants and represents that they have the authority to bind their entity to the performance of its obligations hereunder.
J.No Third-Party Beneficiaries
There shall be no third-party beneficiaries to this Agreement.
K.Severability
If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect.
L.Entire Agreement; Amendment
This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statements between the Parties with respect to the subject matter hereof. This Agreement may only be amended in writing by mutual consent of the Parties.
M.No Joint Ventures or Agents
Nothing in this Agreement is intended to or shall establish the Parties as partners or co- venturers with one another, or as agents of each other. Except as otherwise specifically provided in this Agreement or as the City may otherwise specify in writing, the Donors shall have no right or authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent or to commit or otherwise bind the City to any obligation.
N.Independent Contractor
During the term of this Agreement, the Donors' employees, agents and subcontractors shall be independent contractors and shall not be employees of the City.
O.Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws.
P.Notices
Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by:
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Attachment 2
1.Personal delivery, in which case notice is effective upon delivery;
2.Email transmission, followed by delivery by certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt;
3.Email transmission, followed by delivery by a nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; CITY:
City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
ATTENTION: Jorge E. Garcia, City Manager
DONORS:
Margaret Wagner, DVM
[email protected]
805-723-4920
Ben Trogdon
[email protected]
805-431-9365
Nick Wilkinson
[email protected]
805-305-9292
(SIGNATURE PAGE FOLLOWS)
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Attachment 2
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Jorge E. Garcia
Title: City Manager
Dated:
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: Dean J. Pucci
Title: City Attorney
DONORS:
Signed:
Margaret Wagner, DVM
Dated:
Signed:
Ben Trogdon
Dated:
Signed:
Nick Wilkinson
Dated:
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