Agenda packet — Pismo Beach City Council, September 15, 2026

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AGENDA
Pismo Beach City Council
Tuesday, September 15, 2026
Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 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:
•Special and Regular Meetings: Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449.
•To make Special or Regular 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:
•Special and Regular Meetings: 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:
•Special and Regular Meetings: Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted.

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

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

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

Submit written comment prior to, or during, the meeting:
•Special and Regular Meetings: 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:
•Special and Regular Meetings: 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 [email protected] with questions. Please do not submit public comment to this address.

Council Agenda 9-15-2026

Pismo Beach City Council Agenda September 15, 2026

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Special Meeting—4:30 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.PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item appearing on the agenda.

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

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

3.AGENDA ITEMS
Item 3.A: Discussion of Pismo Beach Pier Fishing Regulations Primarily Related to Catch Storage Procedures (Clarke)
Recommendation:

1.Discuss Pismo Beach pier fishing regulations, primarily related to catch storage procedures; and

2.Provide direction to staff on any desired municipal code updates to pier fishing regulations, primarily related to catch storage procedures.

Item 3.B: Police K-9 Program Costs and Funding (Smith)
Recommendation:

Receive a report regarding the Police Department K-9 Program, including its current funding structure, operational expenses, and estimated costs associated with transitioning the program to City funding, and provide direction to staff if desired.

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

5.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:

Regular Meeting Tuesday, September 15, 2026
Council Agenda 9-15-2026

Pismo Beach City Council Agenda September 15, 2026

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Regular Meeting—5:30 p.m.

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

1.ROLL CALL:

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

2.PLEDGE OF ALLEGIANCE

3.ACCEPTANCE OF AGENDA

4.PRESENTATIONS
None.

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) CAPSLO (Reiss)
Central Coast Blue Regional Recycled Water Authority
(Waage/Guthrie)
Chapman Estate Foundation (Liaison) (Reiss)
Coastal Cities Group, League of CA Cities (Waage)
Conference and Visitors Bureau / LBID Board (Liaison) (Inman) Friends of Price House Liaison (Waage)
Hazard Mitigation & Fire Safety (Inman/Waage)

Mobile Home Rent Stabilization Subcommittee (Inman/Waage) Regional Transit Authority, SLO (Waage/Reiss)
Shell Beach Improvement Group Liaison (Inman/Reiss)
SLOCOG (Waage/Reiss)
South County Chambers Gov’t Affairs (Guthrie/Inman)
Visit SLO CAL Advisory Committee (Inman)
Water Resources Advisory Committee, SLO (Guthrie/Inman) Zone 3 Water Advisory Committee, SLO (Guthrie/Inman)
(Govt Code Section 53232.3)

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

Item 9.A: Adoption of Meeting Minutes (Kirkwood)
Recommendation:

Adopt Minutes of the September 1, 2026 Regular Meeting.

Council Agenda 9-15-2026

Pismo Beach City Council Agenda September 15, 2026

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

1.Approve the Summary of Payroll Register for August 23, 2026;

2.Approve the Register of Demands for August 21, 2026.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for July 2026 of Fiscal Year 2027 (Feeser)
Recommendation:

No action recommended; for information only.

Item 9.D: Update on July 28, 2026, January 9, 2023 and January 12, 2017 Emergency Proclamations (Kirkwood)
Recommendation:

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

2.Provide direction to staff if desired.

Item 9.E: Biennial Conflict of Interest Code Update (Kirkwood) Recommendation:

Adopt a Resolution adopting a revised Conflict of Interest Code; rescinding Resolution No. R-2024-013.

Item 9.F: Notice of Completion for the Cliff Avenue/Ocean Boulevard Utility Undergrounding Project (Gaglione)
Recommendation:

1.Accept the Cliff Avenue/Ocean Boulevard Utility Undergrounding 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.G: Amendment #1 to the Agreement with JPW Communications, Inc. for Public Outreach and Engagement Services Related to the General Plan/Local Coastal Plan and Zoning Code Update (Graham) Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the agreement with JPW Communications, Inc. for public outreach and engagement services relating to the General Plan/Local Coastal Plan and Zoning Code update in the amount of $46,560.

10.ITEMS PULLED FROM CONSENT CALENDAR
Council Agenda 9-15-2026

Pismo Beach City Council Agenda September 15, 2026

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

None.

12.BUSINESS ITEMS - May be reordered and heard prior to Public Hearings Item 12.A: Agreement with ANSA Productions, Inc. for Event Promotion and Management Services for the Annual Pismo Beach Car Show (Clarke) Recommendation:

Adopt a Resolution authorizing the City Manager to execute a 5-year agreement with ANSA Productions, Inc. for event promotion and management services for the annual Pismo Beach Car Show.

Item 12.B: Transfer of the Chapman Estate Real Property to the Chapman Estate Foundation Pursuant to a Disposition and Operations Agreement, and Designation of the Property as Local Historic Resource (Graham) Recommendation:

1.Adopt a Resolution approving the transfer of certain City-owned real property to the Chapman Estate Foundation pursuant to a Disposition and Operations Agreement, and authorizing the City Manager to execute all necessary documents;

2.Adopt a Resolution designating the City-owned property located at 1243 Ocean Boulevard (APNs 010-302-030 and 010-30-031), known as the Chapman Estate, as a Local Historic Resource.

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:

Special Meeting Tuesday, September 29, 2026
Regular Joint Meeting Tuesday, October 6, 2026
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 Kirkwood, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the September 15, 2026 meeting(s) of the Pismo Beach City Council was posted on September 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 Council Agenda 9-15-2026

Pismo Beach City Council Agenda September 15, 2026

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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 9-15-2026

PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #3.A
Meetin Date: September 15, 2026

TITLE:

Discussion of Pismo Beach Pier Fishing Regulations Primarily Related to Catch Storage Procedures
RECOMMENDATION:

1. Discuss Pismo Beach pier fishing regulations, primarily related to catch storage procedures; and

2. Provide direction to staff on any desired municipal code updates to pier fishing regulations, primarily related to catch storage procedures.

DISCUSSION:

Over recent months heightened public interest and regional media coverage have brought increased attention to shark fishing practices occurring on the Pismo Beach Pier.

Specifically, residents and visitors have expressed concern regarding the visual impact and perceived public safety risks associated with anglers tethering harvested thresher sharks in the water adjacent to the pier after being caught.

In response to these community concerns, the City Council on August 4, 2026, directed staff to return with an informational overview and policy discussion regarding pier-based fishing rules. The Council specifically directed staff to focus on catch storage procedures, catch handling, and overall facility safety on the Pismo Beach Pier.

Regulatory Jurisdictions (State vs. Municipal Pier Authority) California Department of Fish and Wildlife (CDFW): CDFW maintains jurisdiction over species harvest limits, ocean fishing licenses, protected species rules, and state allowable tackle regulations.
City of Pismo Beach Municipal Authority: Within the City’s police powers, the City retains the authority to regulate conduct and impose reasonable restrictions on City property to preserve and protect public health and safety. Public pier access is a privilege managed by the City, allowing for local regulations to maintain sanitation, prevent physical hazards, and ensure public enjoyment.

Under California law, public pier fishing operates under a unique framework that balances statewide wildlife conservation with municipal authority over local infrastructure:

State Regulations (California Department of Fish and Wildlife / CCR Title 14) No sport fishing license required: Under 14 CCR §1.88, any public pier connected to the shoreline and open for public fishing (such as the Pismo Beach Pier) is exempt from state sport fishing license requirements.

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Two-rod limit: Anglers are strictly limited to using no more than two rods/lines, handlines, or crab traps at any one time per person on a public pier (14 CCR §28.65(b)).
Harvest & species compliance still applies: While a license is not required, all state catch limits, size minimums, open seasons, and species protection rules remain fully enforced.
General ocean gear rules:
o Chumming in ocean waters is legally permitted under state fish and game codes (14 CCR §27.05).
o Gaffs may only be used to land legal-sized fish (14 CCR §28.65(e)).

Municipal Authority (Police Powers)
While the California Department of Fish and Wildlife (CDFW) maintains exclusive jurisdiction over the take, season, and harvest limits of marine life, the City retains power over the public facility (pier) itself.

Municipalities Can Regulate:
Public Safety & Conduct: Establishing rules against hazardous gear deployment, overhead casting restrictions, tethering items to the pier, or line casting into designated swim/surf corridors.
Facility Sanitation & Catch Storage: Enforcing public health guidelines regarding fish cleaning, bleeding, deck cleanliness, or prohibiting open storage of carcasses that obstruct pedestrian walkways.
Hours of Operation: Setting operational hours or temporary closures of municipal piers for maintenance, weather, or public safety concerns.

Relevant Current Municipal Codes:
12.20.130 Pier - Fishing - Safety required. Every person using, manipulating or fishing with any fishing tackle lines, hooks, bait casting paraphernalia or other fishing equipment from any area of the city pier from which fishing is not prohibited shall have due regard for the safety of other persons near or in the vicinity of the person using said equipment.
12.20.140 Pier - Overhead casting unlawful. It is unlawful for any person to cast or to otherwise propel any hooks, plugs, line or other fishing tackle or paraphernalia in an overhead manner from any portion of the city pier at any time.
12.20.160 Pier - Leaving bait, fish, litter, etc., on pier. It is unlawful for any person to leave any fish, clam shells or other fish bait, or the remnants from cleaning any fish or any other debris, papers or litter of any kind upon the pier. It is unlawful to clean or cut up fish on the pier, except at places provided for that Council Agenda 9-15-2026 3.A-2
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purpose.
12.20.195 Pier - Feeding of birds in Pier Zone—Prohibited. 12.20.210 Pier Zone - Hours of closure. Except as provided in Section 12.20.230 (Permit from Police Department), it is unlawful for any person between the hours of eleven p.m. one day and four a.m. the next day to be upon or within the pier zone. As used in this section, "pier zone" shall have the same meaning as in Section 12.20.185. A violation of this section is an infraction. Any person convicted of an infraction under the provisions of this chapter shall be punished by the fine specified in Municipal Code Chapter 1.20.

Conclusion and Recommendation
Staff recommends that the City Council receive this information and provide direction to staff, if desired, on future municipal code updates relating to pier safety regulations.

FISCAL IMPACT:

There is no direct fiscal impact from staff’s recommendation.

ATTACHMENTS:

None
Submitted by: Silas Clarke, Assistant City Manager
City Manager Approval:

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PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #3.B
Meetin Date: September 15, 2026
TITLE:

Police K-9 Program Costs and Funding
RECOMMENDATION:

DISCUSSION:

The Pismo Beach Police Department currently operates a K-9 Program that has been established and maintained by Cty funding, private donations, and community support.

The program provides the Police Department with specialized capabilities that support a variety of law enforcement operations, including suspect apprehension, building and area searches, tracking, evidence recovery, and other functions, with plans to train the K-9 team in narcotics detection.

As the program has developed, recurring expenses associated with maintaining a trained and operational K-9 have continued to be supported through donated funds. While this funding model has allowed the program to operate without a significant impact on the City's General Fund, donations are variable and cannot be relied upon as a consistent long-term funding source.

This report provides the City Council with an overview of the K-9 Program, its current expenses, available donation funding, and the estimated fiscal impact should the City Council elect to incorporate all or a portion of the program's ongoing expenses into the City’s operating budget.

Staff seeks City Council direction regarding whether it wishes to consider transitioning the K-9 Program to a fully City-funded program as part of a future budget process.

Current Funding Structure
The K-9 Police Officer and Vehicle are currently funded by the City through the Police Department Budget and the Motor Vehicle Budget, respectively. The vehicle is scheduled to be replaced every four years. All other expenses associated with the K-9 Program are currently funded primarily through donations received from community members, organizations, fundraising activities, and/or other private sources.

Donation funding has historically been used to support expenses including:
K-9 acquisition and initial training
Food and routine care
Veterinary and medical expenses
Training and certification
Specialized K-9 equipment
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Vehicle-related equipment
Handler equipment and supplies
Merchandise to sell at fundraising events
Kenneling of K-9
Replacement of equipment; and
Other expenses directly associated with the operation of the K-9 program As of August 20, 2026 the K-9 Program has an available donation fund balance of approximately $26,000. This current balance is the result of several months of fundraising by the K-9 Officer, local business owners, and donations from charitable individuals.

There have been periods over the last three years when the K-9 fund balance was approximately $2,500.

While existing funds may continue to support eligible K-9 related expenses, the available balance is finite. Future donations are not guaranteed and may fluctuate significantly from year to year.

K-9 Program Expenses
In preparation for this report, staff compiled a summary of estimated costs associated with operating the K-9 Program. It should be noted that due to major medical expenses, the K-9 Program secured a Pet Health Insurance Policy with a 90% reimbursement in February of 2025. Medical expenses are required to be paid up front, then covered treatment is reimbursed at 90% to the K-9 Program by the insurance agency. Prior to securing a Pet Insurance Policy, the K-9 Program was responsible for over $7,000 in medical expenses. Since securing insurance the K-9 Program has been responsible for paying approximately $3,000 in medical expenses with 90% being reimbursed.

Tables 1 and 2 summarize the estimated costs associated with operating the Police Department K-9 Program.

Table 1. Current City Expenses for K-9 Program
Current Cit Expenses Totals
Police -9 Vehicle, Ford Explore $95,000
Police Officer Salar and Benefits 2026 est.$206,675
Total Motor Vehicle and Personnel Cost: $301,675
Table 2. K-9 Program Reccuring Annual Expenses
K-9 Pro ram Reccurin Annual Expenses Totals
Food and Routine Care $1,000
Boardin max. 21 ni hts per ear, $72 per ni ht $1,512
Routine Veterinary and Medical Expenses (reimbursed 90%) $1,000 Emergency Medical Expenses Upfront Reserve (2024 cost) $7,000 Training and Annual Certification $2,500
K-9 Equipment and supplies (collar, harness, leash, etc.)$500 Council Agenda 9-15-2026 3.B-2
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Pet Insurance Policy (per year) $1,300
Replacement Equipment $300
International Police Canine Association Membership $45
Total (including upfront reserve for medical expenses): $15,175 In addition to recurring annual expenses, the K-9 Program may periodically incur larger, non-recurring costs associated with the acquisition and training of the replacement K-9, major medical expenses, or replacement of specialized equipment. It should be noted that the City absorbed the replacement cost of the K-9 vehicle (fully outfitted Police Ford Explorer) into its motor vehicle budget in 2025. Prior to this, funds from the K-9 account were utilized to purchase and outfit the patrol vehicle. Table 3 summarizes these estimated costs.

Table 3. Estimated Non-recurring and Long-Term Expenses Estimated Non-recurring and Long-Term Expenses Frequency Estimated Cost
Acquisition of replacement -9 5-6 ears $12,500
Initial -9 Trainin 6-week trainin 5-6 ears $6,000
Handler Lod in and Meals & Incidental Expenses 5-6 ears $6,000 -9 Mana ement School course plus lod in , M&IE 4 ears $1,300 Narcotics Trainin 4-week trainin 5-6 ears $5,000
Handler Lod in and M&IE 5-6 ears $4,500
Kennel for -9 home-based 5-6 ears $1,500
Estimated Total: 4-6 ears $36,800
Alternatives
Continue with the current strategy of partial City funding of the K-9 Program to include the K-9 Vehicle and personnel costs, relying on donations to fund the remaining cost of the K-9 Program.

Conclusion and Recommendation
Staff recommends that the City Council receive the information contained in this report and provide direction to staff regarding whether it wishes to consider transitioning the K- 9 Program to a fully City-funded program as part of a future budget process.

FISCAL IMPACT:

The K-9 Officer position is currently funded through the City’s General Fund Police Department budget, while the K-9 vehicle is funded through the Motor Vehicle Replacement Fund, which is also supported by the General Fund.

All other K-9 Program costs are funded primarily through donations from community members, organizations, fundraising activities, and other private sources. These costs are approximately $15,175 annually, plus an average of $7,360 in one-time costs, for an Council Agenda 9-15-2026 3.B-3
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estimated total of $22,535 per year. The current K-9 Program account balance is approximately $26,000.

Annual donations fluctuate based in part on the available K-9 Program fund balance.

Generally, donations and fundraising activity are lower when sufficient funds are available and increase as the account balance declines.

If the Council desires to provide additional General Fund support for the K-9 Program, it could consider funding all or a portion of the Program’s recurring or one-time costs; providing General Fund support only when available K-9 funds are insufficient to cover annual costs; or directing staff to implement another funding approach. These options would reduce the Program’s reliance on donations while allowing the Council to determine the appropriate level of ongoing City support.

ATTACHMENTS:

None
Prepared by:

Chris Trimble, Police Commander
Submitted by: Jeff Smith, Chief of Police
City Manager Approval:

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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
September 15, 2026
TITLE:

Adoption of Meeting Minutes
RECOMMENDATION:

Adopt Minutes of the September 1, 2026 Regular Meeting.

DISCUSSION:

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

FISCAL IMPACT:

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

ATTACHMENTS:

1.Draft Minutes of the September 1, 2026 Regular Meeting Submitted by:

Erica Kirkwood, City Clerk
City Manager Approval:

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DRAFT MINUTES
Pismo Beach City Council
Tuesday, September 1, 2026
Regular Meeting—5:30 p.m.

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

CALL TO ORDER: 5:30 p.m.

1.ROLL CALL:

Present: Absent:

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

Silas Clarke, Assistant City Manager
Nadia Feeser, Administrative Services Director
Rosemarie Gaglione, Director of Public Works
Jorge Garcia, City Manager
Scot Graham, Community Development Director
Erica Kirkwood, City Clerk
Paul Provence, Battalion Chief
Dean Pucci, City Attorney
Micki Salazar, Tourism Manager
Jeff Smith, Chief of Police

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

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

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4.PRESENTATIONS
Item 4.A: Proclamation: Recognizing September 2026 as Hunger Action Month (SLO Food Bank)
Presented to Savannah Colevans, SLO Food Bank.

5.PUBLIC COMMENT PERIOD
Call for public comment:

Terri Main commented.

Kathy Sostaric commented.

Cynthia Replogle commented.

6.CITY MANAGER’S REPORT
City Manager Garcia commented on various topics; commended staff for their response to the Brava Fire on August 30, 2026.

7.CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
City Attorney Pucci had nothing to report.

8.COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:

Council Member Inman:

Pismo Beach Conference and Visitors Bureau (CVB) Board / Lodging Business Improvement District (LBID) Advisory Board.

Mayor Waage:

San Luis Obispo County Community Fire Safe Council.

San Luis Obispo Regional Transit Authority (SLORTA).

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9.CONSENT CALENDAR
Call for public comment: No comment.

Action: Adopt Consent Calendar (Items 9.A through 9.I).

Motion: Newton
Second: Inman
Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Kirkwood)
Recommendation:

Adopt Minutes of the August 18, 2026 Regular Meeting.

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

1.Approve the Summary of Payroll Register for August 9, 2026;

2.Approve the Register of Demands for August 7, 2026, and August 14, 2026.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for June 2026 of Fiscal Year 2026 (Feeser)
Recommendation:

No action recommended; for information only.

Item 9.D: Fiscal Year 2026 Fourth Quarter Financial Status Report (Feeser)
Recommendation:

No action recommended; for information only.

Item 9.E: Quarterly Investment Report for the Three Months of April through June 2026 – the Fourth Quarter of Fiscal Year (FY) 2026 (Feeser)
Recommendation:

No action recommended; for information only.

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Item 9.F: Support for the City of Paso Robles Proposal for Emergency Medical Services (Clarke)
Recommendation:

Adopt a Resolution supporting the City of Paso Robles in submitting a proposal for the County of San Luis Obispo’s emergency medical services contract.

Legislative Record: Resolution R-2026-064 adopted.

Item 9.G: Award of Contract to JJ Fisher Construction for the Price Street and Ocean View Avenue Curb Ramp Improvements Project;
Related Budget Adjustments (Gaglione)
Recommendation:

Adopt a Resolution:

1.Authorizing the City Manager to execute a construction contract with JJ Fisher Construction, Inc. for the Price Street and Ocean View Avenue Curb Ramp Improvements project in the amount of $142,052; and

2.Appropriating related budget adjustments in Fiscal Year 2027.

Legislative Record: Resolution R-2026-065 adopted.

Item 9.H: Purchase of a Type 6 Fire Rescue Squad Vehicle for the Fire Department (Provence)
Recommendation:

Adopt a Resolution authorizing the purchase of a 2026 Type 6 Fire Rescue Squad Vehicle from Fire Apparatus Solutions in the amount of $450,148.97.

Legislative Record: Resolution R-2026-066 adopted.

Item 9.I: Acquisition of Real Property at 900 Bello Street; Related Budget Adjustments (Garcia)
Recommendation:

Adopt a Resolution authorizing the acquisition of real property located at 900 Bello Street and appropriating related budget adjustments in Fiscal Year 2027.

Legislative Record: Resolution R-2026-067 adopted.

Council Agenda 9-15-2026 9.A-5
Attachment 1
Packet Page 12

10.ITEMS PULLED FROM CONSENT
None.

11.PUBLIC HEARINGS
None.

12.BUSINESS ITEMS
Item 12.A: Geographic Information Systems (GIS) Program Update (Gaglione) Recommendation:

Receive a presentation on the City’s GIS program.

Presenting staff:

Michelle Baragona, GIS Analyst
Jorge Garcia, City Manager
Supplemental material submitted into the record.

Call for public comment: No comment.

Action: No action.

Item 12.B: Renaming Palisades Park to Mary Ann Reiss Park (Garcia) Recommendation:

Adopt a Resolution renaming Palisades Park to Mary Ann Reiss Park.

Presenting staff:

Jorge Garcia, City Manager
Call for public comment:

Iris Swisher commented.

Jeanette Vierra commented.

David Jewell commented.

Action:

1.Adopt a Resolution renaming South Palisades Park to Mary Ann Reiss Park;

2.Direct staff to investigate the feasibility of preparing plaques to provide historical context on the namesakes of City parks that are named after individuals.

Council Agenda 9-15-2026 9.A-6
Attachment 1
Packet Page 13

Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote:

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

Absent: 0
Abstain: 1 Reiss
Recused: 0
Legislative Record: Resolution R-2026-068 adopted.

Item 12.C: James Way Beautification Project Discussion (Gaglione) Recommendation:

Provide staff with direction on how to proceed with the $200,000 remaining in the James Way Beautification Project account.

Presenting staff:

Jorge Garcia, City Manager
Call for public comment:

David Jewell commented.

Action: Consensus to direct staff as follows:

1.Do not deappropriate the $200,000 remaining in the James Way Beautification Project account;

2.Utilize a portion of the remaining $200,000 to pay for a feasibility study to evaluate the possibility of developing a streetscape project on the inland side of the roadway;

3.Return at goal-setting in early 2027 to review the study and provide further direction to staff.

In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0
Council Agenda 9-15-2026 9.A-7
Attachment 1
Packet Page 14

13.CITY COUNCIL COMMENTS AND REQUESTS
The Council commended Police, Fire, and Public Works personnel for their response to the Brava Fire on August 30, 2026.

Consensus to direct staff to bring an agenda item to the Parks, Recreation and Beautification Commission to allow the Commission to evaluate options for providing additional shade at the Shell Beach pickleball courts.

14.ADJOURNMENT
At 7:04 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Kirkwood, City Clerk
Council Agenda 9-15-2026 9.A-8
Attachment 1
Packet Page 15

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.B
September 15, 2026
TITLE:

Payroll Register and Register of Demands
RECOMMENDATION:

1. Approve the Summary of Payroll Register for August 23, 2026;

2. Approve the Register of Demands for August 21, 2026.

DISCUSSION:

Attached are the Summary of Payroll Register(s) and Register(s) of Demands (Check Registers) noted above, provided for Council approval.

FISCAL IMPACT:

As demonstrated in the attached payroll and check registers.

ATTACHMENTS:

1.Payroll Summary

2. Registers of Demands
Submitted by:

Nadia Feeser, Administrative Services Director/City Treasurer City Manager Approval:

Council Agenda 9-15-2026 9.B-1
Packet Page 16

FOR PERIOD ENDING 08/23/26
CHECKS DATED 08/28/26

PAYROLL CHECKS AND DIRECT DEPOSIT TRANSACTIONS
Checks 577330-577332 3
ACH 150

EARNINGS
REGULAR 482,199.47
HOLIDAY 6,316.63
OVERTIME (Includes Comp Time Payouts)24,715.14
Administration -
Building -
Conference & Visitors Bureau -
Police Department 15,799.96
Parking -
Planning -
Fire 2,861.00
Recreation -
Public Works 1,745.48
Water 1,929.14
Wastewater 2,379.56
Motor Vehicles -
Subtotal-Overtime 24,715.14$

SALARY ADJUSTMENTS -
TRAINING / UNIFORM ALLOWANCE 1,306.46
OTHER EARNINGS 17,258.10
$531,795.80

LESS AUTHORIZED PAYROLL DEDUCTIONS
FEDERAL WITHHOLDING TAX 50,243.66
FICA & MEDICARE 40,358.52
STATE INCOME TAX 20,249.36
STATE DISABILITY INSURANCE 6,672.32
GARNISHMENTS 2,059.83
HEALTH 4,112.39
SUPPLEMENTAL DISABILITY 1,207.67
SECTION 125 3,263.32
PERS 45,078.62
DEFERRED COMPENSATION 15,790.55
ADDITIONAL LIFE INSURANCE 345.01
UNION DUES 2,472.74
PISMO ATHLETIC CLUB 445.00

OTHER -
NET PAYROLL $339,496.81
DIRECT DEPOSIT DEDUCTION 335,762.54
NET PAYROLL AFTER ACH DEPOSIT 3,734.27

SUMMARY PAYROLL REGISTER
Council Agenda 9-15-2026 9.B-2
Attachment 1
Packet Page 17

ACH/ Vendor Check
Check# Number Payee Amount Description
138438 UB*01301 Coni Airoso 57.79$ Refund Check 020244-000, 733 WHITE OAK 138439 10630 Laurel J Allen 556.80 Instructor: Adult Beach Volleyball 7/21-8/11/26 #11908 138440 11096 Arroyo Grande Chevrolet 747.53 Vehicle Maintenance 138441 14832 AT&T Mobility 287339470580 285.18 iPad Mini Internet - Jul 2026 138442 10435 Berchtold Equipment Company 40.17 Vehicle Maintenance 138443 14119 Boone Printing & Graphics, Inc.61.65 Business Cards 138444 14841 Brand Creative 282.74 Movies in the Park Banner 138445 11392 Brenntag Pacific Inc.2,255.97 Sodium Bisulfite 138446 12610 CalPortland Construction 925.27 Distribution Maintenance 138447 15342 Cristian Camacho 35.50 Security Refund - PBVH 6/27/26 138448 14663 Carlos Xavier Delatorre 55,250.00 PSF IT Project Management Services & 911 System Project Management
138449 11451 Channel Islands Technology Integrators' Group 62,737.83 IT Professional Services: PSF PD Move 6/1-6/8/26 & Arcserve Deployment 7/20/26 & Quarterly Phishing 2026/2027 &Microsoft O365- Phone- MDM & Storage Licenses - June 2026 & July 2026 & Monthly Infrastructure Mgmt & Help Desk & Monthly Backup Subscriptions/ IT Services - July 2026
138450 14986 City Of San Luis Obispo 5,125.00 San Luis Obispo Regional SWAT Team Annual Contribution FY26/27 138451 14313 Culligan/Santa Maria 1,010.33 Drinking Water July 2026 138452 14759 Michael Dias 300.00 Senior Dance Band 9/8/26 138453 14325 Engeo Incorporated 7,038.75 Vista Del Mar Stairway Design - July 2026 138454 11917 First American Title 1,000.00 Title Report - Temporary Construction Easement 138455 14895 Folsom Lake Ford Inc 58,553.96 PD262 - 2026 Ford Expedition SSV 4x4 138456 12235 Granicus, LLC 4,803.08 Government Transparency Software Suite 07/28/2026-10/27/2026 138457 10377 HdL Coren & Cone 2,850.66 Property Tax Consulting & Audit Information Jul - Sept 2026 138458 14481 HPS West, Inc 3,893.14 Water Meters
138459 13385 IPS Group, Inc.358.58 Parking Kiosk Card Reader Replacements 138460 12255 Iron Mountain Information Mgmt, Inc 40.04 Shredding Service 6/24/26 - 7/28/26 138461 15258 L6 Engineering 29,030.00 Dinosaur Caves Park Cameras - June 2026 & Public Safety Center PM - July 2026
138462 10175 Life-Assist, Inc.258.71 Medical Supplies
138463 15120 Mango Technologies 179.13 ClickUp Enterprise Plan Seats 6/9/26 - 7/31/26 138464 15350 Carolyn Marting 41.18 Rental Refund: Palisades 8/15/26 138465 14785 Matrix Consulting Group, Ltd.3,350.00 TED Operational Review & Assessment 5/12/26-6/30/26 138466 14044 Alan McClintock 1,097.50 PSF VPN Licenses 6/24/26-6/9/27 138467 14674 McGrath Rentcorp 3,162.43 3 Temporary Trailers 330 Main St. - Lease 7/23/26 - 8/21/26 & Early Removal Credit
138468 13836 Mesa Energy Systems, Inc 2,342.53 Facilities Maintenance 138469 15349 Rebecca Metzger 273.00 Refund: Rental Hours Reduction - MDP 9/5/26 138470 12032 Midwest Motor Supply 854.72 MVR Shop Supplies 138471 14739 Mike's Coffee and Tea Co.32.00 Coffee
138472 10097 Miners Hardware 665.97 Maintenance Supplies 138473 11172 Mullahey Ford 435.84 Vehicle Maintenance
138474 15184 NetFile, Inc.1,200.00 Annual Subscription Charges for Agency Services 7/27/26 - 7/26/27 138475 10039 New Times 1,301.00 Legal Advertising
138476 14343 ODP Business Solutions, LLC 912.50 Office Supplies 138477 15351 Jessica Orr 135.00 Refund - Cancelled Rec Class #11901 138478 12335 Procare Janitorial Supply Inc 4,748.68 Janitorial Supplies 138479 13800 R.A. Batchelor Co.1,300.00 Annual Inspections 138480 15113 Rael & Letson 2,900.00 FY2025/26 GASB 75 Disclosure 138481 14294 Richard D. Jones, A Professional Law Corporation 37,132.25 Professional Legal Services - July 2026 138482 11266 San Luis Auto Parts Inc 1,100.53 MVR Shop Supplies & Vehicle Maintenance 138483 12108 Santa Maria Tire, Inc.620.31 Vehicle Maintenance 138484 14190 Santa Ynez Valley Elite Event Party Rentals 8,917.00 Clam Festival Rentals 138485 14738 SCA OF CA, LLC 13,662.62 Street Sweeping Services - July 2026 138486 14557 Securitas Technology Corporation 1,185.38 Security & Fire Monitoring - May 2026 & June 2026 & 4/1-6/30/26 138487 15348 Karina Silva Garcia 72.00 Instructor: Yoga W/ Kari 5/2-6/27/26 #12048 138488 10532 SLO County Sheriff-Coroner 994.00 Crime Lab Tests 4/29/26 - 6/10/26 138489 12570 SLO Roasted Coffee 75.42 Coffee
138490 10576 SLOCO Data, Inc 656.20 Printing Services
138491 11722 SP Maintenance Services Inc 5,157.67 Parking Lot & Street Sweeping Services - July 2026 138492 15016 River Testa 5,710.00 Facilities Maintenance 138493 14283 Josh Tyler 326.25 Junior Lifeguard & Instructor Photos City of Pismo Beach
Final Disbursement List Check Date 08/21/2026

US BANK
Council Agenda 9-15-2026 9.B-3
Attachment 2
Packet Page 18

ACH/ Vendor Check
Check# Number Payee Amount Description
City of Pismo Beach
Final Disbursement List Check Date 08/21/2026

US BANK
Total:338,039.79$
Council Agenda 9-15-2026 9.B-4
Attachment 2
Packet Page 19

PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #9.C
Meetin Date: September 15, 2026
TITLE:

Monthly Investment Transaction Report of the City’s Cash and Investments for July 2026 of Fiscal Year 2027
RECOMMENDATION:

No action recommended; for information only.

DISCUSSION:

This report updates the City Council on the City of Pismo Beach’s monthly transactions of the City’s investment portfolio for the month ending July 31, 2026. California Government Code Section 53607 states that if the authority of the legislative body to invest or reinvest funds for the City is delegated to the City Treasurer, the City Treasurer shall make a monthly report of those transactions to the legislative body. Pursuant to Government Code Section 6505.5, this information is being provided here to the Pismo Beach Public Financing Authority, the Pismo Beach Public Financing Agency, and the Central Coast Blue Regional Recycled Water Authority, through the members of the City Council who sit on those boards.

The attached report includes all transactions of the City’s investments managed by the City, including funds invested in various securities and the City’s pooled funds invested in various financial instruments.
Attachment 1 provides a summary of the City’s cash, investments, and monthly interest earnings based on book value as of July 31, 2026. Attachment 2 provides details on the investment transactions for the General Fund Reserve and City Pooled Funds A (for deferred capital projects), including: purchases or deposits; sales, maturities, calls or withdrawals; and interest earnings. Attachment 3 provides details of the monthly transactions by fund for City Pooled Funds B (for current year expenditures) for the month ending July 31, 2026.

FISCAL IMPACT:

No fiscal impact from the report itself—information only.

ATTACHMENTS:

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

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

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

9.C-1Council Agenda 9-15-2026
Packet Page 20

City of Pismo Beach
Investment Name Name of Institution Type of Investment
Current
Earnings
Rate Book Value
Actual Interest
Earned July 2026
Actual Year-to-
Date Interest
Earned Ending
7/31/2026 * Data Sources
General Fund Reserves US Bank CDs/GASs/Corp
Bonds/Treasuries

3.54% avg 9,278,785 15,756$ 15,756$ 1
City Pooled Funds - A US Bank CDs/GASs/ Corp
Bonds/ MBSs/
Treasuries/ Bank
Notes

3.66% avg 49,982,269 99,276 99,276 1
Total All Securities 59,261,054$ 115,032$ 115,032$ City Pooled Funds - B US Bank Custody 3.55%571,068$ 2,820$ 2,820$ 1 City Pooled Funds - B Local Agency Invest.

Fund (LAIF)
State Investment
Pool

3.92%10,589,786 - - 2
City Pooled Funds - B PFM Asset Mgmt
CAMP
JPA Investment Pool 3.78%5,554,332 17,785 17,785 3 City Pooled Funds - B US Bank Checking & Sweep 3.27%13,966,928 47,903 47,903 4 City Pooled Funds - B 30,682,114$ 68,508$ 68,508$ City Pooled Funds total A + B 80,664,383$ 167,785$ 167,785$ Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 Pier Project 292$ 1$ 1$ 5
Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2017 CREB's
Project
141 0 0 5
Funds Held with Fiscal
Agent
Bond funds:

Wilmington Trust
2024 Public Safety
Facility
2,233 3,667 3,667 5
CalPERS Benefit Trust
OPEB Trust Account CalPERS Benefit Trust
Account
Various managed by
CalPERS
6,646,364$ -$ -$ 6
TOTAL, Cash and Investments at July 31, 2026:96,592,198$ 187,209$ 187,209$ TOTAL for City Managed Portfolio, Cash and Investments:89,943,168$ 183,541$ 183,541$ Notes:
* Data Sources for Book Values and Actual Interest Earned:
1 = Monthly investment statement from US Bank
2 = Monthly statement from Local Agency Investment Fund 3 = Monthly statement from PFM Asset Management LLC
4 = Monthly reconciled bank statement from US Bank
5 = Monthly statement from Wilmington Trust
6 = Monthly statement from CalPERS Benefit Trust Account Attachment 1: Summary Table for All Funds,
including Book Values and Earnings Data for Investments in Other Financial Instruments

9.C-2Council Agenda 9-15-2026
Attachment 1
Packet Page 21

CITY OF PISMO BEACH
Attachment 2: For the General Fund Reserve and City Pooled Funds A Transactions on Investments in Securities
July 31, 2026

INVESTMENT ACTIVITY

PURCHASES OR DEPOSITS
None -$
Total -$

SALES, MATURITIES, CALLS OR WITHDRAWALS
07/15/26 Matured Toyota Financial Savings Bank 245,000$ 07/27/26 Paid Down FHLMC Multiclass Mtg 853
07/27/26 Paid Down FHLMC Multiclass Mtg 9,416
07/27/26 Paid Down FHLMC Multiclass Mtg 59
07/27/26 Paid Down FHLMC Multiclass Mtg 336
07/27/26 Paid Down FHLMC Multiclass Mtg 125
07/27/26 Paid Down FHLMC Multiclass Mtg 400
07/27/26 Paid Down FHLMC Multiclass Mtg 877
07/27/26 Paid Down FHLMC Multiclass Mtg 11,982
07/27/26 Paid Down FNMA Gtd Remic 167
07/27/26 Paid Down FNMA Gtd Remic 408
07/27/26 Paid Down FNMA Gtd Remic 670
07/27/26 Paid Down FNMA Gtd Remic 647
Total 270,939$
ACTIVITY TOTAL (270,939)$

INTEREST REVENUE

GENERAL FUND RESERVE INVESTMENTS
Interest Earned on Investments 15,756$

POOLED INVESTMENTS
Interest Earned on Investments 99,276$
TOTAL INTEREST EARNED 115,032$
Data Source: Monthly Download of Transactions from US Bank

9.C-3Council Agenda 9-15-2026
Attachment 2
Packet Page 22

City of Pismo Beach
Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund Bank Account Proof of Cash for the month ending: 7/31/2026 Bank Account Description Bank ID Be innin Balance Cash Recei ts Disbursements Transfers-In Transfers-Out Endin Balance General Checking US Bank 18,886,967$ 6,490,665$ (11,410,705)$ -$ -$ 13,966,928$ LAIF LAIF 10,487,352 102,433 - - - 10,589,786 PFM Asset Management LLC CAMP 5,536,547 17,785 - - - 5,554,332 Total all Bank Accounts 34,910,867$ 6,610,883$ (11,410,705)$ -$ -$ 30,111,046$ Fund Description Fund # Be innin Balance Cash Recei ts Disbursements Transfers-In Transfers-Out Endin Balance General Fund
General Fund 1001-10101 7,505,578 2,954,560 (6,602,925) - - 3,857,214 General Fund-Reserve 1001-10105 239,153 - - - - 239,153 Transaction Sales Tax Fund 1002 2,748,714 - - - - 2,748,714 Special Revenue Funds
Gas Tax Fund 2001 652,069 37,457 - - - 689,526 LTF - Streets 2002 651,343 (82) - - - 651,261 PEG Access Fund 2003 164,744 (354) - - - 164,390 Police Grant Fund 2004 75,536 (81) - - - 75,455 Housing In Lieu Fund 2005 545,555 (121) - - - 545,434 LBID Fund 2006 1,028,099 313,813 (209,775) - - 1,132,137 Chapman House 2007 (7) 3,020 (2,608) - - 405 Capital Projects Funds
Capital Projects Fund 3001 425,800 1,235,322 (445,700) - - 1,215,422 Public Facilities Fund 3002 988 - - - - 988 Park Development Fund 3003 316,161 (603) - - - 315,558 Circulation Fund 3101 699,819 (4)- - - 699,815 Development Impact Fee Fund 3102 168,103 (81) - - - 168,022 Developer Impact Fee Fund 3103 188,082 - - - - 188,082 Underground Utility Fund 3201 18,594 - - - - 18,594

9.C-4Council Agenda 9-15-2026
Attachment 3
Packet Page 23

City of Pismo Beach
Attachment 3: For City Pooled Funds B - Summary of monthly transactions by fund Bank Account Proof of Cash for the month ending: 7/31/2026 Fund Description Fund # Be innin Balance Cash Recei ts Disbursements Transfers-In Transfers-Out Endin Balance Debt Service Funds
Public Finance Authority Fund 4001 - - - - - - Public Finance Authority Fund 4002 - - - - - - Freeway Foothills AD Fund 4101 860 - - - - 860 Spyglass AD Fund 4102 14,322 - - - - 14,322 Indio-El Portal AD Fund 4112 832 - - - - 832 Visalia Street AD Fund 4113 12,880 - - - - 12,880 Enterprise Funds
Water Enterprise/Tax Fund 6101/6102 7,315,933 437,285 (2,212,319) - - 5,540,899 Water Construction Fund 6103 1,250,417 - (82,653) - - 1,167,764 Water Expansion Fund 6104 774,047 - - - - 774,047 Water Central Coast Blue JPA 6105 10,023 627 - - - 10,650 Wastewater Enterprise Fund 6201 992,126 432,608 (611,283) - - 813,451 Wastewater Construction Fund 6202 2,197,596 - (26,974) - - 2,170,622 Wastewater Expansion Fund 6203 943,680 - - - - 943,680 Wastewater CCB JPA 6204 20,628 1,273 - - - 21,901 LTF - Transit Fund 6301 - - - - - - Pier Operations Fund 6401 (468) 12,276 (9,238) - - 2,570 Parking Fund 6501 2,336,019 434,901 (83,805) - - 2,687,116 Internal Service Funds
Technology Service Fund 7101 640,952 156,883 (148,558) - - 649,277 Motor Vehicle Fund 7201 1,322,529 162,601 (175,244) - - 1,309,887 Trust & Agency Funds
SLO County TMD 8201 183,979 244,520 (182,858) - - 245,641 Control Funds
Payroll Control Fund 9301 1,101,566 975 (604,224) - - 498,316 Interest Control Fund 9302 163,508 168,121 - - - 331,629 Utility Billing Control Fund 9304 201,107 3,425 - - - 204,531 M/R Control Fund 9305 - - - - - - Total all cash funds 34,910,867 6,598,342 (11,398,164) - - 30,111,046

9.C-5Council Agenda 9-15-2026
Attachment 3
Packet Page 24

INVESTMENTS
General Fund
General Fund Money Mrkt Csh 1001-10108 23,582 60,695 - - - 84,277 General Fund - CD's 1001-10404 3,625,033 - - - - 3,625,033 General Fund - Fed Agency 1001-10405 762,000 - - - - 762,000 GF Reserve Money Mkt Cash 1001-10109 195 261,207 - - - 261,402 GF Reserve - CD's 1001-10403 2,537,967 (245,000) - - - 2,292,967 GF Reserve - Fed Agency 1001-10402 1,500,000 - - - - 1,500,000 GF Reserve - Building 1001-10406 202,000 - - - - 202,000 GF Reserve - Building - Federal 1001-10146 298,000 - - - - 298,000 GF Reserve - Risk Mgmt - CD's 1001-10407 200,000 - - - - 200,000 GF Reserve - Risk Mgmt - Fed A 1001-10140 50,000 - - - - 50,000 GF Corp Bond - Pooled 1001-10141 3,343,832 - - - - 3,343,832 GF Corp Bond - Reserve 1001-10145 3,315,193 - - - - 3,315,193 GF Municipal Bonds Pooled 1001-10142 - - - - - - GF Municipal Bonds Reserve 1001-10143 - - - - - - Risk Mgmt Muni Bonds Reserve 1001-10144 - - - - - - GF Treasury Note 1001-10410 8,352,236 - - - - 8,352,236 GF Treasury Bill 1001-10411 - - - - - - GF Mortgage Back Sec 1001-10412 4,574,868 (12,777) - - - 4,562,091 GF Reserve Treasury Note 1001-10413 1,420,625 - - - - 1,420,625 GF CREB's Fiscal Agent 1001-10515 (0) - - - - (0) GF - Transaction Sales Tax CD's 1002-10404 245,000 - - - - 245,000 GF - Transaction Sales Tax Fed 1002-10405 500,000 - - - - 500,000 GF - Transaction Sales Tax Mn 1002-10108 2,820 13,846 - - - 16,667 Transaction Sales Tax - Pooled 1002-10141 1,776,354 - - - - 1,776,354 Transaction Sales Tax - Muni Bo 1002-10142 - - - - - - Transaction Sales Tax Treasury 1002-10410 2,794,656 - - - - 2,794,656 Transaction Sales Tax Treas Bill 1002-10411 - - - - - - Transaction Sales Tax Mortg Bac 1002-10412 739,414 - - - - 739,414 Special Revenue Funds
Housing In Lieu - Mny Mkt Csh 2005-10108 3,573 157 - - - 3,730 Housing In Lieu Fund 2005-10404 140,000 - - - - 140,000 Housing In-Lieu Fed Agencies 2005-10405 140,000 - - - - 140,000 Housing In-Lieu Treasury Note 2005-10410 - - - - - - LBID Fund Money Market Cash 2006-10108 1,795 14,594 - - - 16,389 LBID Fund - Treasury Note 2006-10410 1,305,152 - - - - 1,305,152 LBID Fund - Pooled 2006-10141 1,489,219 - - - - 1,489,219 LBID Fund Mortgage Back Sec 2006-10412 739,577 (11,982) - - - 727,595 Capital Projects Funds
Capital Proj Fund Mny Mkt Cash 3001-10108 22,001 2,320 - - - 24,322 Capital Projects Fund - Pooled 3001-10141 403,640 - - - - 403,640 Capital Projects Fund - Fed Age 3001-10405 1,000,000 - - - - 1,000,000 Capital Proj Fd Mortgage Back S 3001-10412 556,682 - - - - 556,682 Park Develop. Fund Mny Mkt 3003-10108 - - - - - - Park Development Fund 3003-10404 - - - - - - Park Develop Federal Agencies 3003-10405 - - - - - - Circulation Fees Mny Mkt 3101-10108 - - - - - - Circulation Fees 3101-10404 - - - - - - Develop. Impact Fee Mny Mkt 3102-10108 5,176 1,008 - - - 6,184 Development Impact Fee Fund 3102-10404 245,000 - - - - 245,000 Impact Fees Federal Agencies 3102-10405 - - - - - -

9.C-6Council Agenda 9-15-2026
Attachment 3
Packet Page 25

INVESTMENTS
Debt Service Funds
Capital Proj Fund - Fiscal Agent 3001-10511 1,201,619 (1,199,386) - - - 2,233 Public Fin Fiscal Agent-Pier 4002-10510 291 1 - - - 292 Public Fin Fiscal Agent-PSF 4002-10511 - - - - - - Public Fin Fiscal Agent-CREBs 4002-10515 141 0 - - - 141 Visalia Street AD Fund 4113-10108 3,900 383 - - - 4,283 Visalia Street CD's 4113-10404 100,000 - - - - 100,000 Enterprise Funds
Water Fund Money Mrkt Csh 6101-10108 12,542 4,001 - - - 16,543 Water Fund CD's 6101-10404 735,000 - - - - 735,000 Wtr Fund Federal Agencies 6101-10405 - - - - - - Wtr Fund Corp Bond - Pooled 6101-10141 2,606,629 - - - - 2,606,629 Water Fund Treasury Note 6101-10410 2,327,227 - - - - 2,327,227 Water Construction Money Mkt 6103-10108 18,160 5,218 - - - 23,378 Wtr Constr. Fd Corp Bond-Pool 6103-10141 504,363 - - - - 504,363 Water Construction 6103-10404 - - - - - - Wtr Constr. Fd Treasury Note 6103-10410 405,188 - - - - 405,188 Water Expansion Fd Mny Mkt Ca 6104-10108 1,280 1 - - - 1,281 Wtr Expansion Fund - Pooled 6104-10141 - - - - - - Water Fund Treasury Note 6104-10410 20,263 - - - - 20,263 Wastewater Fund Money Market 6201-10108 4,644 5,141 - - - 9,785 Wastewater Fund CD's 6201-10404 490,000 - - - - 490,000 Wastewater Fund Fed Agencies 6201-10405 - - - - - - WWtr Fund Corp Bond - Pooled 6201-10141 275,000 - - - - 275,000 WWtr Fund Treasury Note 6201-10410 1,707,049 - - - - 1,707,049 WWtr Fund Mortgage Back Sec 6201-10412 1,186,120 - - - - 1,186,120 Wastewater Fund Bank Note 6201-10414 553,085 - - - - 553,085 Wastewater Expansion Fund Mn 6203-10108 9,958 3,960 - - - 13,918 WWtr Expansion Fd Mortgage B 6203-10412 974,551 (647) - - - 973,904 Parking Enterprise Money Mrkt 6501-10108 9,208 2,735 - - - 11,943 Parking Fund Corp Bond-Pooled 6501-10141 429,845 - - - - 429,845 Parking Enterprise 6501-10404 980,000 - - - - 980,000 Parking Fund Federal Agencies 6501-10405 - - - - - - Parking Fund Treasury Note 6501-10410 - - - - - - Internal Service Funds
MVR Fund Money Mrkt Csh 7201-10108 64,899 12,067 - - - 76,966 MVR Corp Bond - Pooled 7201-10141 1,131,673 - - - - 1,131,673 MVR Fund CD's 7201-10404 1,526,000 - - - - 1,526,000 MVR Fund Federal Agencies 7201-10405 250,000 - - - - 250,000 MVR Fund Treasury Note 7201-10410 136,184 - - - - 136,184 MVR Mortgage Back Securities 7201-10412 937,368 (533) - - - 936,834 CalPers Benefit Trust
OPEB Trust Account 8101-10408 6,646,364 - - - - 6,646,364 Total all Investments 67,564,141$ (1,082,989)$ -$ -$ -$ 66,481,152$ Total all Funds 102,475,008$ 5,515,354$ (11,398,164)$ -$ -$ 96,592,198$

9.C-7Council Agenda 9-15-2026
Attachment 3
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PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #9.D
Meetin Date: September 15, 2026

TITLE:

Update on July 28, 2026, 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, in accordance with Government Code Section 8630(b).

Update on Currently Active Emergency Declarations
Currently active Emergency Declarations are those ratified by Resolution R-2026-051 on August 4, 2026, relating to storm drain failures; 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.

July 28, 2026 Proclamation: Storm Drain Failures
The City Council declared a state of emergency on August 4, 2026, via Resolution R- 2026-0511, ratifying the Emergency Services Director’s Proclamation of a local emergency in response to the development of two sudden sinkholes located within City roadways. Investigation of a pothole on James Way at Capanna Street revealed a sinkhole measuring approximately 12 feet by 8 feet by 6 feet deep and it was determined that this was the result of a failed corrugated metal pipe (CMP) storm drain. A second sinkhole appeared on Shell Beach Road at Encanto Avenue and inspection of the CMP beneath the area determined that the sinkhole was caused by severe deterioration of a CMP that carries storm water from the east to the west side of Shell Beach Road. The City Manager authorized staff to enter into an emergency contracts with R. Baker, Inc. (R. Baker) to make repairs to protect public safety and prevent the road from failing. 1 Full URL: https://portal.laserfiche.com/Portal/DocView.aspx?id=796674&repo=r-f36a9aa0 Council Agenda 9-15-2026 9.D-1
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Summary of Current Events
Work on the James Way location has been completed and staff is waiting on the final billing from the contractor. Work on the Shell Beach Road and Encanto Avenue site is substantially complete, with only restoration to the private property driveway remaining.

The final driveway restoration will be completed once a custom concrete stamp has been fabricated to match the existing driveway. Staff will return to the Council for retroactively awarding the contracts to R. Baker and ending the emergency declaration once all work is complete and the final costs are known.

January 11, 2023 Proclamation: Winter Storms
The City Council declared a state of emergency on January 11, 2023, via Resolution R- 2023-0012, 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 that was washed away during the storm. A Coastal Development Permit was approved by Planning Commission on July 28, 2026. The project was advertised for construction bids and five bids were received on August 20, 2026. A construction contract has been executed with the low bidder, Souza Engineering Contracting, Inc. under the City Manager’s authority in line with the City’s Purchasing Policy & Procedures Manual.

Construction is estimated to begin in September and be completed by November 2026.

January 12, 2017 Proclamation: Winter Storms
The Pismo Beach City Council declared a state of emergency on January 12, 2017, via Resolution R-2017-0123, 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. 2 Full URL:
https://portal.laserfiche.com/Portal/DocView.aspx?id=459337&repo=r-f36a9aa0 3 Full URL: https://portal.laserfiche.com/Portal/DocView.aspx?id=107586&repo=r-f36a9aa0 Council Agenda 9-15-2026 9.D-2
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Summary of Current Events
The Cliff/Ocean Storm Drain project’s “Advanced Construction” funding was converted to federal funds on April 8, 2026 and is now available for reimbursement. A construction contract with John Madonna Construction was approved by City Council on August 4, 2026. A kickoff meeting was held on August 31, 2026 and construction is estimated to begin in September 2026.

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.

July 2026 Storm Drain Failures
The cost of damage from the James Way sinkhole is estimated at $250,000 and the cost of damage from the Shell Beach Road sinkhole is estimated at $150,000 as of the writing of this report. When work on these two projects is complete and the exact cost is known, staff will return to the Council for retroactively awarding the contracts to R. Baker, at which time any required budget adjustments will be made.

ATTACHMENTS:

None.

Prepared by: Erin Olsen, Senior Management Analyst
Submitted by: Erica Kirkwood, City Clerk
City Manager Approval:

Council Agenda 9-15-2026 9.D-3
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PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #9.E
Meetin Date: September 15, 2026
TITLE:

Biennial Conflict of Interest Code Update
RECOMMENDATION:

Adopt a Resolution adopting a revised Conflict of Interest Code; rescinding Resolution No. R-2024-013.

DISCUSSION:

The Political Reform Act (PRA) requires local government agencies to adopt and implement a Conflict of Interest Code setting forth the agency's conflict of interest policies, designating agency positions that are required to file Statements of Economic Interest (Fair Political Practices Commission Form 700), and assigning disclosure categories specifying the types of financial interests that filers must report. In addition to Form 700 filer policies, the Conflict of Interest Code sets forth the general rule that no agency official may participate in a governmental decision in which the official has a disqualifying financial interest, and provides specific recusal guidance for City officials who are members of legislative bodies.

Government Code §87200 mandates that specific agency officials file full-disclosure Form 700s and comply with the full breadth of the PRA. These positions include members of the City Council, members of the Planning Commission, City Manager, City Attorney, City Treasurer, and candidates for elective office. In addition to these "87200 filers," each local agency must designate other agency officials who are required file Form 700s because the nature or extent of the decision-making authority of those positions is such that the potential for material conflicts of interest exists. These filers include Advisory Body members, all Department Heads, the majority of Mid-Managers, and certain non- management staff who make governmental decisions such as building inspectors.

Local governmental agencies are required to review their Conflict of Interest Code at least biennially to determine whether revisions are needed due to creation or elimination of positions, changes in the duties assigned to existing positions, or the need to augment local conflict of interest policies. The City’s last Conflict of Interest Code update occurred as a biennial update in September 2024, via Resolution R-2024-0131.

Proposed Revisions
Revisions to the City's list of Form 700 filer positions and other provisions are necessary at this time due to recent personnel system changes, legislative changes, and software implementation requirements. In addition, in order to achieve greater transparency, more designated filers will be filing Schedule B, which reports real property interests. An overview of revisions is provided below:
1 Full URL: https://portal.laserfiche.com/Portal/DocView.aspx?id=519407&repo=r-f36a9aa0 Council Agenda 9-15-2026 9.E-1
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Filer Positions and Assigned Disclosure Categories
Revisions to the list of filer positions to reflect the following changes:
o Separation of City Attorney’s Office; Financing Agencies; and Mayor and Council into their own groups.
o Addition of Schedule B, and associated change to Disclosure Category 2, for positions with the potential for real property-related conflicts-of-interest including IT Manager, Fire Captain/Specialist, Tourism Manager, and Police Commander.
o Replacement of Senior Management Analyst with Finance Supervisor to reflect a title change for an existing staff position in the Administrative Services Department.
o Removal of Management Analyst from the City Manager’s Office group to reflect that the title is no longer used within the department. o Differentiation of Building Inspector/Plans Examiner from Building Inspector within the Community Development Department group.
o Replacement of Code Enforcement Officer with Code Compliance Inspector to reflect a title change for an existing staff position in the Community Development Department.
o The addition of Deputy Chief, Division Chief, and Unit Chief within the Fire Department group to reflect correct titles and complete chain of command for Fire Department staff within the context of the Cal Fire San Luis Obispo Unit.
o Addition of Parking Operations Supervisor to the Police Department group. o Separation of the City Engineer and Public Works Director positions within the Public Works Department group, to reflect that the two are no longer used as a combined title for a single official.
o Removal of Management Analyst from the Public Works Department group to reflect that the title is no longer used within the department. o Replacement of Public Facilities Manager with Public Works Operations Manager to reflect a title change for an existing staff position in the Public Works Department.
o Replacement of Tourism Coordinator with Tourism Manager to reflect a title change for an existing staff position in the Tourism and Events Department.

Disclosure Categories Defined:
Reorganization of this section to eliminate redundant content. Revision of the summary of what constitutes a real property conflict, to add “[…] within two miles outside Pismo Beach city limits, or within two miles of any other real property owned or used by the City of Pismo Beach” to reflect current state law.

Council Agenda 9-15-2026 9.E-2
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Format of Statements:
Revision to reflect the requirements of AB 1170 (Valencia, 2024) which requires that all state-mandated Form 700 filers file digital statements directly with the FPPC using the state’s software system, and to reflect the launch of the City’s Netfile system.

Legal Requirement for Participation:
Addition of a procedure for reconstituting a quorum of a legislative body when a majority of the body’s members would otherwise be disqualified from participation in a particular decision.
Revision of Pay-to-Play Prohibition (Levine Act) language to reflect the provisions of SB 1243 (Dodd, 2024) which increased the disqualifying campaign contribution threshold from $250 to $500 to achieve parity between local regulations and state regulations.

Conclusion and Recommendation
Staff recommends that the Council adopt a resolution (Attachment 1) revising the City's Conflict of Interest Code (Attachment 1.A) to incorporate the changes outlined above, and rescinding the prior Code.

FISCAL IMPACT:

There is no fiscal impact associated with updating the City’s Conflict of Interest Code.

Staff time required for enforcement of the City's conflict of interest regulations is absorbed primarily by the adopted City Manager’s Office budget.

ATTACHMENTS:

1. Resolution

1.A. Exhibit A to Resolution: Conflict of Interest Code Submitted by: Erica Kirkwood, City Clerk
City Manager Approval:

Council Agenda 9-15-2026 9.E-3
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RESOLUTION NO. R-2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADOPTING A REVISED CONFLICT OF INTEREST CODE; RESCINDING RESOLUTION NO. R-2024-013
WHEREAS, the Political Reform Act of 1974 (California Government Code §81000, et seq.) provides that public officials shall not participate in or influence decisions relating to matters in which they know, or in which they have reason to believe, that they have a financial interest; and
WHEREAS, the Political Reform Act and implementing regulations (California Code of Regulations, Title 2, Division 6, §18104, et seq.) adopted by the Fair Political Practices Commission (FPPC) set forth various rules applicable to such conflicts of interest, including rules of disclosure and participation; and
WHEREAS, among the regulations are rules requiring cities to adopt Conflict of Interest Codes setting forth conflict of interest policies and identifying the agency's Form 700 filers, and to review and update these policies biennially; and WHEREAS, by resolution the Pismo Beach City Council previously has adopted such a Conflict of Interest Code and desires to adopt necessary and appropriate amendments thereto.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach that the City of Pismo Beach’s revised Conflict of Interest Code is hereby adopted as set forth in Exhibit A to this resolution.

BE IT FURTHER RESOLVED that Resolution R-2024-013, adopting the most recent iteration of the City's Conflict of Interest Code, is hereby rescinded.

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 15th day of September 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Kirkwood, City Clerk
Council Agenda 9-15-2026 9.E-4
Attachment 1
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Kirkwood, City Clerk
Council Agenda 9-15-2026 9.E-5
Attachment 1
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CITY OF PISMO BEACH

CONFLICT OF INTEREST CODE
Adopted September 15, 2026 | City Council Resolution R-2026-XXX I. INCORPORATION AND TERMS .......................................................................................... 3 A.Incorporation ...................................................................................................................... 3 B.Conflict with other Laws ..................................................................................................... 3 II. CONFLICT OF INTEREST, GENERALLY ............................................................................ 3 A.Selected Principles ............................................................................................................. 3 B.General Rule ...................................................................................................................... 3 C.Gifts .................................................................................................................................... 3 III. DISCLOSURE (STATEMENTS OF ECONOMIC INTERESTS) ............................................ 4 A.Requirement to File ............................................................................................................ 4 B.Classification of Filers ........................................................................................................ 4

1.Statutory Filers (Category 1 Filers) ............................................................................... 4

2.Designated Filers (Category 2 and Category 3 Filers) .................................................. 4

3.Interim Filers.................................................................................................................. 4 C.List of Filer Positions (Gov. Code §87302(a)) .................................................................... 5 D.Disclosure Categories ........................................................................................................ 7

1.Category Assignments .................................................................................................. 7

2.Category Descriptions ................................................................................................... 7 E.Statement Filing and Retention .......................................................................................... 8

1.Filing of Statements ....................................................................................................... 8

2.Filing Intervals and Deadlines (Gov. Code §87302(b) .................................................. 8

3.Format of Statements .................................................................................................... 9

4.Disposition of Statements.............................................................................................. 9

5.Retention and Destruction of Statements .................................................................... 10

6.Penalty ........................................................................................................................ 10 IV.DISQUALIFICATION ........................................................................................................... 11 A.Disqualification, Generally ................................................................................................ 11 B.Types of Disqualifying Interests ....................................................................................... 11 C.Disqualification/Recusal of Legislative Body Members .................................................... 11

1.Recusal Procedures .................................................................................................... 12 a.Open Session Meetings. ....................................................................................... 12 b.Closed Session Meetings. ..................................................................................... 12

2.Content of Announcement of Conflict .......................................................................... 12

3.Common-Law Conflicts ............................................................................................... 13

4.Participation as a Member of the Public ...................................................................... 13

5.Minute Record ............................................................................................................. 13

6.Legal Requirement for Participation ............................................................................ 13

7.Tie Votes and Lack of Quorum .................................................................................... 14 D.Self-Dealing Prohibitions .................................................................................................. 14 E.Revolving Door Prohibitions ............................................................................................. 14 F.“Pay to Play” Prohibitions ................................................................................................. 14 G.Statutory Filers Not Limited by this Code ......................................................................... 15 Council Agenda 9-15-2026 9.E-6
Attachment 1.A
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I. INCORPORATION AND TERMS
A. Incorporation
The Political Reform Act (Government Code §81000, et seq.) requires local government agencies to adopt and implement conflict of interest codes (Gov. Code §87300 et seq.).

The Fair Political Practices Commission ("FPPC") has adopted regulations (California Code of Regulations Title 2, Division 6, §18730, et seq.) containing the terms of a standard conflict of interest code, which may be incorporated by reference in a local agency’s Code. Regulations 18730, et seq. may be amended by the FPPC from time to time to conform to amendments to the Political Reform Act.

The terms of Regulation 18730, et seq. and any duly adopted amendments thereto are hereby incorporated into this Conflict of Interest Code by reference. FPPC Regulation 18730, et seq., together with the following Code provisions designating filer positions, establishing financial interest disclosure categories, and establishing supplemental local conflict of interest limitations, shall constitute the Conflict of Interest Code ("Code") of the City of Pismo Beach ("City").

B. Conflict with other Laws
The provisions of this Code are in addition to, and not intended to modify or abridge, the provisions of the Political Reform Act, Government Code §1090, et seq., California Code of Regulations Title 2, Division 6, §18104, et seq., or other federal, state, or local regulations pertaining to conflict of interest. In the event any provision of this Code is in conflict with federal, state, or local law, such law shall prevail and the validity of the remaining sections of this Code shall not be affected.

II. CONFLICT OF INTEREST, GENERALLY
A. Selected Principles

1. Local government should serve the needs and respond to the wishes of all individuals equally, without regard to their wealth;

2. Public officials, whether elected or appointed, should perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them. (Gov. Code §81001) B. General Rule
No City official shall make, participate in making, or in any way attempt to use their official position to influence a governmental decision in which the official knows, or has reason to know, that that the official has a disqualifying financial interest. (Gov. Code §87100; Regulation 18700(a))
C. Gifts

1. Statutory (Category 1) filers shall comply with the provisions of the Political Reform Act relating to gifts, honoraria, travel payments, and loans, including but not limited to Gov. Code §82028, §89500 et seq., and accompanying regulations.

2. The City’s Tickets and Passes Policy, as amended from time to time by Council resolution, is hereby incorporated by reference. In particular, the receipt of tickets or passes by any Form 700 filer shall not constitute a gift if the tickets or passes are given for a public purpose, or meet any other exemption, as provided by the policy.

3. For all City officials and employees who are subject to the City's Personnel Rules, Personnel Rule 25.02.01 relating to gratuities is hereby incorporated by reference.

III. DISCLOSURE (STATEMENTS OF ECONOMIC INTERESTS)
A. Requirement to File
The City of Pismo Beach positions identified in Section III.C have the authority to make, or participate in making, decisions that may foreseeably have a material effect on the personal financial interests of the individuals exercising the duties of the positions. Such individuals are deemed to have the potential for conflict of interest and thus shall be required to file FPPC Form 700 Statements of Economic Interests ("Form 700") with the City of Pismo Beach, in accordance with the intervals and deadlines set forth in Section III.E.2.

This requirement applies to any individual, whether employee, consultant, contractor, elected official, appointed official, volunteer, or otherwise, who performs the duties of the position.

B. Classification of Filers
City of Pismo Beach Form 700 Filers are hereby categorized as follows:

1. Statutory Filers (Category 1 Filers)
Individuals exercising the duties of City positions identified in Government Code §87200 are hereafter referred to as "statutory filers." Statutory filers are herein classified as Category 1 filers for disclosure purposes. This Code does not establish the filing requirements or disclosure obligations for statutory filers, as those are established by applicable state law. Such requirements and obligations are partially restated herein for ease of reference. Supplemental policies may herein be imposed, but such policies are not intended to supersede or abridge other state regulations, and in the event of conflict with state regulation, the state regulation will control. Refer to Section I.B.

2. Designated Filers (Category 2 and Category 3 Filers) Individuals exercising the duties of all other City positions identified in this Code are hereafter referred to as "designated filers."
Designated filers are herein classified as Category 2 or Category 3 filers for disclosure purposes. This Code establishes the filing requirements and disclosure obligations for designated filers, to the extent that state regulation does not.

3. Interim Filers
Individuals exercising the duties of a position not specifically identified in this Code, but required by the City to file a Form 700 due to recognized potential for conflict of interest are hereafter referred to as “interim filers.” An individual assuming a position not yet covered under the City's Conflict of Interest Code must file a Form 700 if the duties of the position involve the making or influencing of governmental decisions.

These individuals must file full disclosure until the Code is revised to include the new position; in the alternative, the City may establish a written limited disclosure requirement for the position.

Council Agenda 9-15-2026 9.E-7
Attachment 1.A
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The City Manager shall have the power to designate new or existing positions for disclosure on an interim basis pending revision of this Code. Such designations shall be made if the City Manager determines that the position entails the making or participating in the making of governmental decisions which may foreseeably have a material effect on personal financial interests.

This Code establishes the filing requirements and disclosure obligations for interim filers, to the extent that state regulation does not.

C. List of Filer Positions (Gov. Code §87302(a))
Department and Position Disclosure
Category
Form 700
Schedules
Administrative Services Department
City Treasurer (Gov. Code §87200) 1 All
Finance Manager 2 A-1, A-2, B, C
Information Technology Manager 2 A-1, A-2, B, C
Finance Supervisor 2 A-1, A-2, B, C
Advisory Bodies
Building Appeals Board Member 2 A-1, A-2, B, C
Conference and Visitors Bureau Board Member 2 A-1, A-2, B, C Parking Advisory Committee Member 2 A-1, A-2, B, C
Parks, Recreation and Beautification Commissioner 2 A-1, A-2, B, C Planning Commissioner (Gov. Code §87200) 1 All
Special Events Committee Member 2 A-1, A-2, B, C
Candidates for Elective Office
Candidate for City Council Member (Gov. Code §87200) 1 All Candidate for Mayor (Gov. Code §87200) 1 All
City Attorney’s Office
Assistant City Attorney 2 A-1, A-2, B, C
City Attorney (Gov. Code §87200) 1 All
Deputy City Attorney 2 A-1, A-2, B, C
City Manager’s Office
Assistant City Manager 2 A-1, A-2, B, C
City Clerk 2 A-1, A-2, B, C
City Manager (Gov. Code §87200) 1 All
Human Resources Officer 3 A-1, A-2, C
Community Development Department
Associate Planner 2 A-1, A-2, B, C
Building Inspector 2 A-1, A-2, B, C
Building Inspector/Plans Examiner 2 A-1, A-2, B, C
Building Official 2 A-1, A-2, B, C
Code Compliance Inspector 2 A-1, A-2, B, C
Community Development Director 2 A-1, A-2, B, C
Planning Manager 2 A-1, A-2, B, C
Senior Planner 2 A-1, A-2, B, C
Consultants
Engineering Consultants
Environmental Consultants
Legal Consultants
Other Consultants
Full disclosure
unless otherwise
assigned in
writing.*
All, unless
otherwise
assigned in
writing.*
Fire Department
Assistant Chief 2 A-1, A-2, B, C
Battalion Chief 2 A-1, A-2, B, C
Deputy Chief 2 A-1, A-2, B, C
Division Chief 2 A-1, A-2, B, C
Captain 3 A-1, A-2, C
Captain/Specialist 2 A-1, A-2, B, C
Fire Marshal 2 A-1, A-2, B, C
Unit Chief 2 A-1, A-2, B, C
Financing Agencies
Industrial Development Authority Board Member** 2 A-1, A-2, B, C Public Financing Authority Board Member** 2 A-1, A-2, B, C Public Financing Agency Board Member** 2 A-1, A-2, B, C Mayor and Council
City Council Member (Gov. Code §87200) 1 All
Mayor (Gov. Code §87200) 1 All
Police Department
Parking Operations Supervisor 2 A-1, A-2, B, C
Police Chief 2 A-1, A-2, B, C
Police Commander 2 A-1, A-2, B, C
Public Works Department
Assistant Engineer 2 A-1, A-2, B, C
Capital Projects Manager 2 A-1, A-2, B, C
City Engineer 2 A-1, A-2, B, C
Engineer 2 A-1, A-2, B, C
Engineering Manager 2 A-1, A-2, B, C
Public Works Operations Manager 2 A-1, A-2, B, C
Public Works Director 2 A-1, A-2, B, C
Senior Civil Engineer 2 A-1, A-2, B, C
Senior Management Analyst 3 A-1, A-2, C
Utilities Manager 2 A-1, A-2, B, C
Tourism and Events Department
Director of Tourism and Events 2 A-1, A-2, B, C
Recreation Manager 3 A-1, A-2, C
Tourism Manager 2 A-1, A-2, B, C
Other positions (Interim Filers). New positions that involve the making or influencing of government positions but
have yet to be added to this Code; new or existing
Full disclosure
unless otherwise
All, unless
otherwise
Council Agenda 9-15-2026 9.E-8
Attachment 1.A
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positions identified by the City Manager as having the
potential for conflict of interest.
assigned in
writing.*
assigned in
writing.*
* The City Manager may determine in writing that a particular consultant has been hired to perform a range of duties that is sufficiently limited in scope so as not to require full compliance with the disclosure requirements of this Code. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements, if any.

The determination of the City Manager is a public record and shall be retained for public inspection in the same manner and location as the consultant's Form 700s. In this Code, "consultant" shall have the meaning as defined in California Code of Regulations Title 2, Division 6, §18700.3(a). ** City Council Members file an expanded Form 700 identifying Industrial Development Authority, Public Financing Authority, and Public Financing Agency membership.

D. Disclosure Categories
Disclosure categories describe the types of financial interests that filers must disclose on their Form 700s. These Categories are tailored to the financial interests potentially affected by the official's governmental decisionmaking authority, and do not require public officials to disclose private financial information that does not relate to their capacity as an official for the City of Pismo Beach.

1. Category Assignments
Refer to Section III.C. above, which sets forth the Disclosure Category assigned to each filer position.
 Category 1 (statutory) filers must report Form 700 schedules A-1, A-2, B, C, D and E (All schedules). Note: The complete disclosure obligations for Category 1 Filers shall be in accordance with those set forth in Government Code §87200 et seq., and Title 2, California Code of Regulations §18104 et seq., including any duly adopted amendments thereto. These obligations are restated herein only for ease of reference.
 Individuals exercising the duties of positions classified as Category 2 filers must report Form 700 schedules A-1, A-2, B, and C.
 Individuals exercising the duties of positions classified as Category 3 filers must report Form 700 schedules: A-1, A-2, and C.
 Individuals filing a Form 700 pursuant to Interim Filers (refer to Section III.B.3) shall file under the broadest disclosure category, equivalent to the requirements of Category 1, unless a specific, limited disclosure category has been assigned in writing by the City Manager.

2. Category Descriptions
Category descriptions below summarize the type of financial interests that must be disclosed as part of each Form 700 schedule. Actual disclosure must be made in accordance with the FPPC Regulations pertaining to each category of financial interest. The reporting period for a given filing varies depending on the type of filing and category of filer; some interests must be reported as of the date of filing; others within the preceding 12 months; others within the prior calendar year. Filers are responsible for carefully reading the instructions included with each schedule of the Form 700, and the accompanying Form 700 Reference Pamphlet, when determining which interests to disclose and which timeframes to report.

1. Schedule A-1; Schedule A-2 (Investments): direct or indirect financial interest worth $2,000 or more in any business entity (including a consulting business or other independent contracting business) that is located in, doing business in, planning to do business in, or that has done business during the previous two years in, the city of Pismo Beach. (Ownership of less than 10% and ownership of 10% or greater to be reported separately.)

2. Schedule B (Real Property): direct or indirect financial interest worth $2,000 or more in in real property located the city of Pismo Beach, within two miles outside Pismo Beach city limits, or within two miles of any other real property owned or used by the City of Pismo Beach.

3. Schedule C (Income, Loans, & Business Positions): the source and amount of gross income of $500 or more received during the reporting period from source(s) located in, doing business in, planning to do business in, or having done business during the previous two years in, the city of Pismo Beach; includes job titles with each reportable business entity even if no income was received during the reporting period.

4. Schedule D (Gifts): anything with an actual or estimated fair market value of $50 or more for which the filer not provided equal or greater consideration to the donor; includes gifts accepted but not used.

5. Schedule E (Travel Payments): advances and reimbursements for travel and related expenses, including lodging and meals.

E. Statement Filing and Retention

1. Filing of Statements
Individuals holding positions identified in Section III.C of this Code ("filers") shall be required to file FPPC Form 700 Statements of Economic Interests (“statements”) with the Pismo Beach City Clerk's Office, which will make the statements available for public inspection and reproduction in accordance with Gov. Code §81008.

2. Filing Intervals and Deadlines (Gov. Code §87302(d)
Unless otherwise provided by state law, Form 700s shall be filed at the following intervals, and be deemed timely only when received by the City Clerk's Office on or before the following deadlines:
a. Type of statement: Assuming Office Statement (Gov. Code §87302) Deadline: Within thirty (30) days of assuming office.

Applicable to:
 Individuals hired, promoted, reclassified, contracted, appointed, or elected to a filer position (date of swearing in, or commencement of duties, whichever occurs first, to constitute date of assuming office);
 Individuals currently holding a position that is newly classified by revision of this Code (date of revision to constitute date of assuming office for filing purposes);
 Individuals holding newly-created positions assigned a disclosure category on FPPC Form 804 (Interim Filers) (date of assignment to constitute date of assuming office).

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Exception: Statutory filers who leave office and assume another statutory filer position within 45 days (Gov. Code §87205); Designated filers hired, promoted, reclassified, contracted or appointed to another designated filer position; Candidates for Council Member or Mayor.
b. Type of statement: Annual Statement (Gov. Code §87203) Deadline: April 1 of every year (Extended to next working day if April 1 falls on a weekend or holiday).

Applicable to: All Filers.

Exception: Filers who assumed office between October 1 and December 31 of the prior year, who shall not be required to file the immediately following April; Candidates for Council Member or Mayor.
c. Type of statement: Leaving Office Statement (Gov. Code §87204) Deadline: Within thirty (30) days of leaving office.

Applicable to: All Filers.

Exception: Statutory filers who leave office and assume another statutory filer position within 45 days (Gov. Code §87205); Designated filers hired, promoted, reclassified, contracted or appointed to another designated filer position; Candidates for Council Member or Mayor.
d. Type of statement: Candidate Statement (Gov. Code §87200; §87201; §87302.3) Deadline: Per statute, no later than the final filing date for nomination papers. Per elections administration requirements, filing must be made prior to, or concurrent with, the candidate’s nomination paperwork.

Applicable to: Individuals seeking election, including re-election, to an elected City position.

Exception: Candidates who have filed an Assuming Office or Annual Statement within 60 days before the nomination deadline. (Gov. Code §87201; §87302.3)

3. Format of Statements
All filers shall be required to file Form 700s electronically, as follows:
a. Statutory filers shall file electronically using the FPPC’s online eDisclosure system, in compliance with AB 1170 (Valencia, 2024).

b. All other filers shall file using the City’s electronic filing system, unless an exception is authorized by the City Clerk due to extenuating circumstances. Any filer whose Form 700 is accepted in an alternative format due to extenuating

circumstances shall have their filing uploaded to the City’s e-filing system as soon as practicable.

Under no circumstances shall a Form 700 be accepted in the form of a scan of a wet-signed statement.

4. Disposition of Statements
Statements for all filers shall remain on file electronically and be duplicated for public viewing in the City's electronic document management system or other publicly

accessible online portal. Hard copy statements accepted for filing due to extenuating circumstances shall also be retained as described in Section III.E.5.

5. Retention and Destruction of Statements
Statements on file in the Clerk's Office will be retained in accordance with the City’s Records Retention Schedule, and in no case for less than the amount of time prescribed by Gov. Code §81009.

6. Penalty
Any filer who fails to timely file a complete Form 700 by the deadlines outlined in Section III.E.2 will be subject to a penalty of $10 per day for each day the statement is late, up to a maximum of $100, penalty to be assessed upon filing. These funds shall be deposited into the General Fund (Gov. Code §91013). Any filer who fails to timely file a completed Form 700 within 30 days of the missed filing deadline shall be referred to the FPPC for official enforcement action.

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IV. DISQUALIFICATION
A. Disqualification, Generally
All City of Pismo Beach officials are required to disqualify themselves from making, participating in, or in any way attempting to use their official position to influence, a governmental decision in which the official knows, or has reason to know, that he or she has a disqualifying financial interest. This disqualification requirement is distinct from,

and in addition to, the financial interest disclosure requirements provided under state law and this Code. Disqualifying interests may include interests that the official is not required to disclose as part of their Form 700.

At a minimum, all agency officials shall disqualify themselves from making, participating in, or influencing a governmental decision (as defined by Regulation §18704), when the official has a financial interest (as defined by Gov. Code §87103), which may be reasonably foreseen (as defined by Regulation §18701), to be materially affected by the decision (as materiality is defined by Regulation §18702 et seq.) in a manner that is

distinguishable from its effect on the public generally (as provided in Regulation §18703), upon the official or the official's spouse and dependent children (Gov. Code §82029). (Gov. Code 87302(c))
B. Types of Disqualifying Interests
Enumerated, the types of disqualifying interests provided in Gov. Code §87103 are:

1. Any business entity in which the public official has a direct or indirect investment worth two thousand dollars ($2,000) or more;

2. Any real property in which the public official has a direct or indirect interest worth two thousand dollars ($2,000) or more;

3. Any source of income, except gifts or loans by a commercial lending institution made in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided or promised to, received by, the public official within 12 months prior to the time when the decision is made;

4. Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management;
 Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the public official within 12 months prior to the time when the decision is made. The amount of the value of gifts specified by this subdivision shall be adjusted biennially by the City to equal the same amount determined by the Fair Political Practices Commission pursuant to subdivision (f) of Section 89503 ($630 in 2025/2026).

C. Disqualification/Recusal of Legislative Body Members Statutory and designated filers who are members of a legislative body (as defined by Gov. Code §54952) who have a prohibited conflict of interest with respect to an agenda item for a noticed meeting must disqualify themselves from participation in consideration of the item.

1. Recusal Procedures
In accordance with Regulation §18707 et seq., the timing and manner of announcement of a legislative body member’s conflict of interest shall depend on whether the meeting is an open or closed session, and upon whether the official is present when the item commences, or departs prior to it commencing, or arrives following its conclusion, as follows.
a. Open Session Meetings.

If the governmental decision will be made during an open session of a public meeting, the public announcement of the nature of the conflict must be made orally in full compliance with Section 2 below.

If the official is in attendance at the time of consideration of the item from which the official is disqualified, the official shall, following the presiding officer's

announcement of the item, but before discussion has begun (Gov. Code 87105(a); Regulation §18707(a)(2)):
 Openly identify the financial interest that gives rise to the conflict in detail sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required. The announcement of the conflict shall include the information required by Section 2 below, depending on the nature of the conflict. (Gov. Code 87105(a)(1)).  Vacate their seat, and except as set forth in Section IV.C.3, leave the room until the matter in question has been resolved (Regulation §18707(a)(3)).

This leave-the-room requirement shall not apply if the item from which the official is disqualified is part of the consent calendar (Gov. Code 87105(a)(3); Regulation §18707(a)(3)(A)).

If the official leaves a meeting in advance of the agenda item from which the official is disqualified, the official shall identify the item and announce the nature of their conflict prior to leaving the meeting. (Regulation §18707(a)(2)) If an official first joins a meeting after the consideration of the agenda item from which the official is disqualified, the official shall identify the item and announce the nature of their conflict immediately upon joining the meeting. (Regulation §18707(a)(2))
b. Closed Session Meetings.

If the governmental decision will be made during a closed session, the public announcement of the nature of the conflict must be made orally in open session before the body goes into closed session and may be limited to a declaration that the official's recusal is because of a conflict of interest under Gov. Code §87100.

The public official must not be present when the decision is considered in closed session or knowingly obtain or review a recording or any other non-public information regarding the governmental decision. (Regulation §18707(a)(4))

2. Content of Announcement of Conflict
In accordance with Regulation §18707(a)(1)(A), any official with such a disqualifying financial interest shall orally announce the nature of each financial interest giving rise to conflict(s) of interest. In announcing the nature of the conflict, the official shall include at a minimum the following information:

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 The official must publicly identify each type of financial interest held by the official that gives rise to the conflict of interest (i.e. business entity, real property, source of income, gift(s) or a personal financial effect).
 For each financial interest identified, the official must provide the following, as applicable:
o The name of the business entity, general description of the business activity, and any position held.
o The real property address; or assessor's number; or a statement that the property is the official's personal residence, in which case disclosure of the exact location is not required.
o The name of the source of income.
o The name of the source of a gift.
o The nature of the expense, liability, asset, or income affected.

3. Common-Law Conflicts
In the event a legislative body member wishes to recuse themselves from participation in a decision in which the official has a common-law conflict of interest (i.e. a connection to the decision or one of its participants that would render the official unable to act impartially, but which does not constitute a financial conflict of interest as defined by the Political Reform Act and accompanying regulations), the

official shall make a good faith effort to comply with the procedures set forth in Section IV.C.1 to the greatest extent applicable. Full compliance with Section IV.C.2 regarding the content of the announcement shall only be required for members of the City Council and Planning Commission.

4. Participation as a Member of the Public
An official who is a member of a legislative body who is recused from participation in an agenda item during a noticed meeting due to conflict of interest may choose to listen from the audience with the general public, and may address the legislative body of which they are a member regarding matters related solely to his or her personal interests during the time that the general public speaks on the issue, if the official has complied with all of the above. (Gov. Code 87105(a)(4); Regulation 18707(a)(3)(B))

5. Minute Record
The fact and nature of a legislative body member’s recusal and announcement of conflict shall be made a part of the minute record for both open and closed session meetings. (Regulation §18707(a)(1)(B))

6. Legal Requirement for Participation
No official shall be prevented from making, or participating in the making, of any decision to the extent his or her participation is legally required (Gov. Code §87101 and Regulation §18705) for the decision to be made.

In accordance with Regulation §18705(c), in cases where a majority, or more, of the members of a legislative body would otherwise be required to recuse themselves from participating in a decision due to having a prohibited conflict of interest, the minimum number of officials needed to reconstitute a quorum shall be selected for participation. In this context, “quorum” means the minimum number of officials needed to effect a specific legislative action, to wit, three members of a five-member body for decisions requiring simple majority, or four members of a five-member body for decisions requiring a supermajority.

The random means of selection by which such official(s) shall be selected for participation shall be determined and performed by the Clerk or Secretary of the body; or in their absence, another impartial staff member (to wit, one not carrying the subject item before the legislative body) selected by the City Manager.

7. Tie Votes and Lack of Quorum
The official’s presence for purposes of breaking a tie shall not constitute legally required participation. Except as may be provided by applicable law, an official who is recused due to conflict of interest may not be called upon to break a tie or form a quorum. (Regulation §18707(a)(3))
D. Self-Dealing Prohibitions
All City officials and employees shall comply with the provisions of Government Code §1090, which prohibits self-dealing through contracts made in an official capacity. The City shall not enter into any contract in which a City Council Member has a financial interest. This prohibition may not be averted by recusal of the City Council Member from decision-making proceedings.

No Advisory Body Member, or entity in which a Member has a financial interest, may be a party to any agreement for professional services or tangible goods executed by the City, or otherwise act as a consultant, contractor, or vendor to the City, nor may any Advisory Body Member participate in any decision relating to such an agreement, unless the City Attorney determines in writing that the Member's financial interest in such arrangement is sufficiently removed from the Member's influence or capacity as a City official such that no conflict with the provisions of Government Code §1090 or other conflict-of-interest statute is foreseen, and that minimal or no risk to the City is anticipated.

Any such determination by the City Attorney shall be made for the benefit of the City only, and does not relieve the Advisory Body Member of any responsibility for determining their own duties and limitations under applicable law, or provide any immunity to the Member in the event of legal action relating to the same.

E. Revolving Door Prohibitions
In addition to the disqualification requirements set forth above for all City officials, no City official shall make, participate in making, or use their official position to influence, any

governmental decision directly relating to any person or agency with whom the public official is negotiating, or has any arrangement concerning, prospective employment. (Gov. Code §87407)
F. “Pay to Play” Prohibitions
Except where the official returns the contribution pursuant to Gov. Code §84308(d), while a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of an agency shall not accept, solicit, or direct a contribution of more than five hundred dollars ($500) from any party or a party’s agent, or from any participant or a Council Agenda 9-15-2026 9.E-12
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participant’s agent if the officer knows or has reason to know that the participant has a financial interest, as that term is used in Gov. Code §87100 et seq. This prohibition shall apply regardless of whether the official accepts, solicits, or directs the contribution on the official’s own behalf, or on behalf of any other official, or on behalf of any candidate for office or on behalf of any committee.

Prior to rendering any decision in a proceeding involving a license, permit, or other entitlement for use pending before an agency, each official of the agency who received a contribution within the preceding 12 months in an amount of more than five hundred dollars ($500) from a party or from any participant shall disclose that fact on the record of the proceeding. An official of an agency shall not make, participate in making, or in any way attempt to use the official’s official position to influence the decision in a proceeding involving a license, permit, or other entitlement for use pending before the agency if the official has willfully or knowingly received a contribution in an amount of more than five hundred dollars ($500) within the preceding 12 months from a party or a party’s agent, or from any participant or a participant’s agent if the official knows or has reason to know that the participant has a financial interest in the decision, as that term is described with respect to public officials in Gov. Code §87100 et seq.

G. Statutory Filers Not Limited by this Code
Disqualification requirements for statutory filers include, but are not limited to, those requirements restated herein for ease of reference; obligations for statutory filers are fully set forth in state law and regulation, including but not limited to Government Code §87105 and California Code of Regulations, Title 2, Division 6, §18707 et seq. and more broadly, Government Code §81000, et seq., Government Code §1090, et seq., and California Code of Regulations Title 2, Division 6, §18104 et seq.

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PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #9.F
Meetin Date: September 15, 2026
TITLE:

Notice of Completion for the Cliff Avenue/Ocean Boulevard Utility Undergrounding Project
RECOMMENDATION:

1. Accept the Cliff Avenue/Ocean Boulevard Utility Undergrounding Project as complete;

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

DISCUSSION:

On April 7, 2026 the City Council awarded a contract to Main Line Engineering Construction, Inc. (Main Line Construction) for construction of the Cliff Avenue/Ocean Boulevard Utility Undergrounding Project. The project removed two existing PG&E poles located at the intersections of Cliff Avenue and Ocean Boulevard, and Ocean Boulevard and Seaview Avenue. The work also included installing conduit underground from the intersection of Ocean Boulevard and Palisades Avenue to Cliff Avenue and Water Street.

Conclusion and Recommendation
Main Line Construction has completed the contracted services, and the Cliff Avenue/Ocean Boulevard Utility Undergrounding Project has been completed in accordance with the plans, specifications and contract documents. Staff recommends that the City Council accept the project as complete and authorize the Notice of Completion (Attachment 1) to be recorded at the County Clerk’s office.

FISCAL IMPACT:

There is no direct fiscal impact associated with this report.

ATTACHMENTS:

1. Notice of Completion
Prepared by:

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

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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 CLIFF AVENUE/OCEAN BOULEVARD UTILITY UNDERGROUNDING

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 15th of September 2026, 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 removal of utility poles and installation of underground conduit, 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 Main Line Engineering Construction, Inc., 228 Amherst Pl., Lompoc, CA 93436.

5.The name of the Surety on the project is Endurance Assurance Corporation, 4 Manhattanville Road, Purchase, New York 10577.

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

Date:

Jorge E. Garcia, City Manager
Attest:

Erica Kirkwood, City Clerk
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PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #9.G
Meetin Date: Septembe 15, 2026
TITLE:

Amendment #1 to the Agreement with JPW Communications, Inc. for Public Outreach and Engagement Services Related to the General Plan/Local Coastal Plan and Zoning Code Update
RECOMMENDATION:

DISCUSSION:

JPW Communications (JPW) is currently providing public outreach and engagement services in association with the General Plan/Local Coastal Plan (GP/LCP) and Zoning Code update. The original contract with JPW, approved on April 28, 2026, was in the amount of $98,735.

Amendment 1 (Attachment 2) to the JPW contract adds additional public outreach and engagement service for the monitoring, and tracking of public inquiries, preparation of responses to inquiries and preparation of project materials in Spanish. Because Amendment 1 will increase the total contract amount above the City Manager’s $100,000 approval authority, approval of the amendment by the City Council is required under the Purchasing Policy.

Conclusion and Recommendation
Work on the GP/LCP and zoning code update continues and additional consultant services are needed to address public inquiries received on the project. Staff recommends that the Council adopt a resolution (Attachment 1) authorizing the City Manager to execute Amendment #1 (Attachment 2) with JPW Communications Inc., for public outreach and engagement services relating to the General Plan/Local Coastal Plan and Zoning Code update in the amount of $46,560.

FISCAL IMPACT:

The fiscal impact of adopting the resolution approving Amendment #1 with JPW Communications Inc. is an additional $15,400 in the FY 2027 General Fund Community Development Department Local GP/LCP/Zoning Code update project professional services account budget, for a total contract amount of $145,295. The GP/LCP/Zoning Code update project is funded through both California Coastal Commission and Ocean Protection Council grants totaling $1,650,000. There is sufficient budget in the Local GP/LCP/Zoning Code update project to support this additional cost.

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ATTACHMENTS:

1. Resolution

2. Amendment #1
Submitted by:

Scot Graham, Community Development Director
City Manager Approval:

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RESOLUTION NO. R-2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #1 TO THE AGREEMENT WITH JPW COMMUNICATIONS, INC. FOR PUBLIC

OUTREACH AND ENGAGEMENT SERVICES RELATING TO THE GENERAL

PLAN/LOCAL COASTAL PLAN AND ZONING CODE UPDATE IN THE AMOUNT OF $46,560
WHEREAS, the City entered into an agreement with JPW Communications, Inc. on April 28, 2026 in the amount of $98,735 for public outreach and engagement services associated with the General Plan/Local Coastal Program (GP/LCP)/Zoning Code update services; and
WHEREAS, the City was awarded $1,650,000 in grant funding from the California Coastal Commission (CCC) and Ocean Protection Council (OPC) for update of the GP/LCP Zoning Code and the current grant budget can accommodate additional consultant services; and
WHEREAS, the Fiscal Year (FY) 2027 General Fund Community Development Department GP/LCP/Zoning Code update project professional services account budget has sufficient funds to support these services, which is supported by CCC and OPC Grant funding; and
WHEREAS, amendment of the current contract with JPW Communications, Inc., to provide additional public outreach and engagement services to monitor and document public inquires and prepare materials in Spanish associated with the GP/LCP/Zoning Code update is necessary to allow the project to proceed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute Amendment #1, in substantially the form attached to staff’s report dated September 15, 2026, to the agreement with JPW Communications Inc. for additional public outreach and engagement services associated with the GP/LCP/ Zoning Code update in an amount of $46,560 in FY 2027, for a resulting contract total of $145,295.00.

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Kirkwood, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________. ________________________
Erica Kirkwood, City Clerk
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AMENDMENT # 1
to the
APRIL 28, 2026 AGREEMENT BETWEEN THE CITY OF PISMO BEACH AND JPW COMMUNICATIONS, INC.

Pursuant to the April 28, 2026 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and JPW Communications, Inc., hereinafter referred to as “Vendor,” City and Vendor hereby agree as follows:

1.Additional services shall be performed as set forth in the proposal dated August 19, 2026, which is attached hereto and by this reference made a part hereof.

2.Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of forty-six thousand five hundred and sixty dollars ($46,560.00), without prior written approval of the City.

3.The revised fee under the April 28, 2026 contract, plus this addendum, is one hundred and forty-five thousand two hundred and ninety-five dollars ($145,295.00).

4.All other provisions of the subject agreement between City and Vendor shall remain in full force and effect.

CITY:

City of Pismo Beach, a Municipal Corporation
Signed:

Name: Scot Graham
Title: Community Development Director
Dated: ________________________________
Signed:

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

Signed:

Name: Erica Kirkwood
Title: City Clerk
APPROVED AS TO FORM:

Signed:

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

JPW Communications, Inc.

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
(if changed from prior agreement)
______________________________________
______________________________________
Email address for official communications:
(if changed from prior agreement)
______________________________________
Vendor Representative:
(if changed from prior agreement)
Name/Title: ____________________________
Attachment: Scope/Cost Proposal
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Item Type Description Quantity Unit Price Amount
Service Monitor the public inquiry email inbox daily; document new inquiries and draft response; coordination with subject matter experts on inquiry related details; response back to residents with client approved messaging. Assumes 14 months of public inquiry management with a high volume of inquiries per month (10 hours per month, billed on time and materials basis).

1.00 $15,400.00 $15,400.00
Estimate Total $15,400.00
From JPW Communications, Inc.
2710 Loker Avenue W
Suite 300
Carlsbad, CA 92010
Estimate For City of Pismo Beach
760 Mattie Road
Pismo Beach, CA 93449
Estimate ID 409
Issue Date 08/19/2026
Subject LCP Update Public Inquiry Management

REVISED

Page 1 of 1 ends

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2710 Loker Avenue West, Suite 300 Carlsbad, California 92010 1 City of Pismo Beach

GENERAL PLAN/LOCAL COASTAL PROGRAM AMENDMENT
PUBLIC OUTREACH & ENGAGEMENT | SPANISH-LANGUAGE OUTREACH

STRATEGY AND SCOPE OF WORK

CAMPAIGN OVERVIEW
This scope supports the City of Pismo Beach’s ongoing commitment to meaningful, transparent and inclusive public engagement efforts for underserved and underrepresented community members. As part of the city’s required grant priorities, this scope provides targeted outreach and engagement for its Spanish-speaking community members for the general plan and local coastal program amendment.

The recommended approach will complement the broader public outreach and engagement program, while recognizing that effective Spanish-language engagement requires more than translating existing materials. Outreach will emphasize trusted relationshi ps, accessible and relevant information, informal conversations and opportunity to meet community members in familiar settings.

JPW’s Spanish-language efforts will be conducted in coordination with its long-standing multicultural engagement partner, Novoa Communications.

PROJECT GOALS
The Spanish outreach will adhere to the established project’s goals, while ensuring efforts are made to identify and reduce barriers for this important audience:
•Deliver clear, accessible information. Provide timely, transparent and easy-to- understand information about the project’s purpose, process and potential outcomes. Translate complex topics, such as coastal hazards, sea level rise and policy tradeoffs, into approachable language and visual materials that resonate with diverse audiences.
•Facilitate meaningful dialogue. Create inclusive opportunities for two-way communication that encourage open, constructive participation. Design engagement activities that foster trust, allow for questions and feedback and elevate a range of perspectives.

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2710 Loker Avenue West, Suite 300 Carlsbad, California 92010 2 PROJECT GOALS CONTINUED...
•Engage the community through a phased approach. Implement a structured, step-by- step engagement strategy that builds understanding and support over time. Begin with early outreach to community leaders and key stakeholders to establish awareness and alignment, then expand engagement to the broader public as the project evolves. •Translate community input into decision-making insights. Systematically capture, analyze and synthesize feedback from outreach activities to inform planning decisions. Identify key themes, priorities and areas of consensus or concern, and clearly demonstrate how community input shapes project outcomes.

OUTREACH APPROACH
Outreach will be informal and conversational, designed to introduce the topic in a clear, accessible way while creating space for residents to ask questions and share their perspectives. Conversations will also help identify barriers that may make it difficult for Spanish- speaking residents to participate in traditional outreach opportunities and inform how future engagement can be made more accessible and relevant to this audience.

TACTICS
Tactics amplify existing strategic timeline including engagement at key milestones in plan update process while reaching and engaging with Spanish-speaking residents:
•Small Group Community Conversations: Lead up to 4 brief, small-group conversations in Spanish by partnering with community organizations and/or churches. •Visual Outreach and Engagement Materials: Translate all project information into simple, visual materials to help orient participants quickly and support conversation (e.g. infographics, project flyer, post card, insert, exhibit signage, web banner). •Survey & Spanish Landing Page: Survey to be provided in Spanish as well as a specific translated landing page.
•Messaging and Eblasts: Share a consistent set of high-level project messages in Spanish, with additional information provided based on participants’ questions and interests (e.g. targeted emails to Spanish-speaking community members, mailer). •Capture Learnings and Insights: Document recurring questions, interests and participation barriers to help inform future Spanish-language outreach. •Driving Future Engagement: Provide information about upcoming opportunities to learn more and stay involved.

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2710 Loker Avenue West, Suite 300 Carlsbad, California 92010 3

CLOSING THOUGHTS
Effective outreach starts with trust built through presence, consistency and cultural understanding. JPW and Novoa Communications are prepared to bring that expertise to Pismo Beach's Spanish-speaking community, ensuring their perspectives are a foundational part of the planning process. We welcome the opportunity to discuss how this scope can best support the City's engagement goals and grant priorities.

Please see the project estimate for more details.

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Project Estimator
Tasks
President Sr. Vice
President Sr. Director Manager Art Director Videographer Photographer
Multimedia
Designer Specialist Coordinator Total Hours Total Dollars ($)
Rates 310$ 285$ 225$ 175$ 190$ 160$ 160$ 140$ 110$ Multicultural Outreach Meetings
Small Group Community Conversations: Lead up to 4 (four) session, 60 minutes each session + travel time. Facilitate, small-group conversations in Spanish by partnering with community organizations and/or churches.

2.00 6.00 8.00 10.00 26.00
3,840$
Visual Outreach and Engagement Materials: Translate all project information into simple, visual materials to help orient participants quickly and support conversation (e.g. infographics, project flyer, post card, insert, exhibit signage, web banner).

2.00 6.00 20.00 10.00 12.00 50.00
8,140$
Survey & Spanish Landing Page: Survey to be provided in Spanish as well as a specific translated landing page. 2.00 2.00 6.00 12.00 22.00 3,080$ Messaging and Eblasts: Share a consistent set of high-level project messages in Spanish, with additional information provided based on participants’ questions and interests (e.g. targeted emails to Spanish- speaking community members, mailer).

2.00 4.00 4.00 10.00
1,350$
Capture Learnings and Insights: Document recurring
questions, interests and participation barriers to help inform future Spanish-language outreach.

1.00 2.00 4.00 7.00
895$
Driving Future Engagement: Provide information about upcoming opportunities to learn more and stay involved.  1.00 2.00 4.00 7.00 895$ - -$
- -$
- -$
- -$
- -$
- -$
- -$
- -$ - -$
Subtotal Multicultural Outreach Meetings - 6.00 - 18.00 20.00 - - 32.00 46.00 122.00 18,200$ Labor Subtotal - 6.00 - 18.00 20.00 - - 32.00 46.00 122.00 18,200$ Labor Contingency
Total Labor 18,200$
Billable Expenses
Materials
Printing
Photography/Videography
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Project Estimator
Tasks
President Sr. Vice
President Sr. Director Manager Art Director Videographer Photographer
Multimedia
Designer Specialist Coordinator Total Hours Total Dollars ($)
Rates 310$ 285$ 225$ 175$ 190$ 160$ 160$ 140$ 110$ Pass-through Expenses
Travel 3,000$
Other 7,800$
Subtotal Billable Expenses 10,800$
Markup (20%)2,160$
Total Billable Expenses 12,960$
TOTAL 31,160$
Assumptions
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PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #12.A
Meetin Date: September 15, 2026

TITLE:

Agreement with ANSA Productions, Inc. for Event Promotion and Management Services for the Annual Pismo Beach Car Show

RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to execute a 5-year agreement with ANSA Productions, Inc. for event promotion and management services for the annual Pismo Beach Car Show.

DISCUSSION:

The annual Car Show is a legacy event for Pismo Beach, combining four decades of community tradition with substantial economic impact. Expanding into a premier multi- day celebration across the city, the event directly boosts key municipal funding through increased sales and transient occupancy tax revenues.

The Car Show is a privately organized event, managed by a third-party promotor and permitted by the City. Due to the most recent Car Show vendor agreement ending on December 31, 2026, the City Council held a discussion on March 17, 2026 and provided City staff direction as follows:

Proceed with preparing a Request for Proposals for vendor services for the Classic Car Show event, within the following parameters:
 Limit the volume of cars at the event to approximately 650;  Move the event to the Dolliver Street corridor provided that Fire and Police officials and the Special Events Committee deem it safe and operationally viable to do so;
 Prepare an agreement that includes:
o A $30,000 vendor fee, with 3% increases per contract year; o A five-year term (2027-2031);
o A requirement that the vendor meet specified performance metrics; o A provision for unilateral termination of the agreement by the City in the event the metrics are not satisfied.

Accordingly, on June 25, 2026, a request for proposals was issued, and two proposals were received by the deadline on July 23, 2026. Per the RFP process, the proposals were ranked and interviews of the proposers were conducted by a selection committee comprised of staff and Special Events Committee Members.

Upon conclusion of the selection review process and based on criteria set forth in the RFP, ANSA Productions, Inc. was determined to be the most qualified. The ANSA Council Agenda 9-15-2026 12.A-1
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Productions, Inc. Event Management Proposal is provided as Attachment 3 and the Car Show Promotion and Management Agreement is provided as Attachment 2.

Conclusion and Recommendation
Staff recommends that the Council adopt a resolution (Attachment 1) authorizing the City Manager to execute a 5-year agreement with ANSA Productions, Inc. for the annual Pismo Beach Car Show.

FISCAL IMPACT:

Direct Fiscal Impact
The fiscal impact of adopting the subject resolution is additional General Fund special event permit revenues of $159,274 over the 5-year term from Fiscal Year (FY) 2027 through FY 2031, or $30,000 per year, with 3% increases per contract year. This approximate amount is already reflected in the City’s FY 2027 General Fund special event permit revenues budget. Table 1 illustrates the total amount of revenues provided per year over the 5-year contract term. In addition, agreement requires the promoter to pay for an annual Traffic Control Plan for the event.

Table 1. Compensation to City for Car Show Agreement
Fiscal Year Amount
FY 2027 $30,000
FY 2028 30,900
FY 2029 31,827
FY 2030 32,782
FY 2031 33,765
Total 5-Year Contract $159,274
These revenues are offset by an estimated cost of $91,000 per year for City Police, Fire, and Public Works personnel overtime costs and expenses. These costs are already factored into the City’s FY 2027 budget.

Indirect Fiscal Impact
While the event results in a net direct cost to the City, the Car Show generates additional financial and economic benefits for the community. The event occurs during a typically slower tourism period between Memorial Day weekend and Father’s Day and/or Cal Poly graduation weekend, helping to increase visitation and economic activity.

Based on data from the 2025 Car Show and an estimated 50,000 visitors, the event generated approximately $100,000 in additional City tax revenues, including:
Transient Occupancy Tax (TOT)
Sales and Use Tax
Transaction Sales and Use Tax (Measure F-24)
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These revenues are generated through increased lodging occupancy, restaurant activity, retail spending, and other visitor-related purchases during the event weekend.

Overall, the event is estimated to generate approximately $1.7 million in economic activity for Pismo Beach businesses, providing significant economic benefit to local hotels, restaurants, retailers, and other businesses.

ATTACHMENTS:

1. Resolution

2. Draft Agreement for Car Show Promotion and Management

3. ANSA Productions Events Management Proposal
Submitted by: Silas Clarke, Assistant City Manager
City Manager Approval:

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RESOLUTION NO. R-2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE A 5-YEAR AGREEMENT WITH ANSA PRODUCTIONS, INC. FOR EVENT PROMOTION AND

MANAGEMENT SERVICES FOR THE ANNUAL PISMO BEACH CAR SHOW WHEREAS, the annual Car Show is a legacy event for Pismo Beach, combining four decades of community tradition with substantial economic impact; and WHEREAS, the current Car Show promotion and management agreement ends on December 31, 2026; and
WHEREAS, the City Council directed staff, on March 17, 2026, to conduct a Request for Proposal (RFP) process for Car Show promotion and management services; and WHEREAS, the City received two proposals by the deadline of July 23, 2026; and WHEREAS, the proposals were ranked and interviews of the proposers were conducted by a selection committee comprised of staff and Special Events Committee Members; and
WHEREAS, upon conclusion of the selection review process and based on criteria set forth in the RFP, ANSA Productions, Inc. was determined to be the most qualified.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute a 5-year agreement, in substantially the form attached to staff’s report dated September 15, 2026, with ANSA Productions, Inc. for event promotion and management services for the annual Pismo Beach Car Show.

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Kirkwood, City Clerk
Attachment 1
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IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Pismo Beach on _______________________.
________________________
Erica Kirkwood, City Clerk
Attachment 1
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CAR SHOW PROMOTER AGREEMENT (Rev. 2026-05)

CITY OF PISMO BEACH

AGREEMENT FOR CAR SHOW PROMOTION AND MANAGEMENT
This AGREEMENT is made and entered into as of the date the AGREEMENT is fully executed by all parties, by and between the City of Pismo Beach, a municipal corporation, ("CITY"), and ___________________, ("PROMOTER"), collectively the “Parties,” in Pismo Beach, California.

RECITALS:

CITY desires to obtain professional promoter and management services for a car show event to be held annually on the weekend following the Memorial Day Holiday in the city of Pismo Beach (“EVENT”) to ensure a safe, intergenerational, family-oriented car show.

B. PROMOTER has submitted a competitive proposal to provide such services for the CITY in accordance with the terms set forth in this AGREEMENT.

C. CITY desires to contract with PROMOTER for EVENT promotion and management services and PROMOTER desires to provide such services to CITY.

PROMOTER has demonstrated its competence and professional qualifications necessary for the satisfactory performance of the services designated herein by virtue of its experience and expertise.

NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

I. SERVICES PROVIDED BY PROMOTER
A. General; Special Event Permit; Business License; promotion; sales of alcoholic beverages.

1. PROMOTER shall determine the method, details, and means of promoting and operating a car show for up to six hundred fifty (650) vehicle entrants on the streets of CITY for the car show EVENT each year during the term of this AGREEMENT. The precise location, hours, and other details of the EVENT operation shall be as set forth in a special events permit issued by CITY's Special Events Committee (SEC) Unless

specifically provided otherwise, each requirement for “EVENT” in this Agreement applies to each annual car show.

2. PROMOTER shall apply for a Special Event Permit for EVENT as soon as possible following the execution of this AGREEMENT, and annually thereafter in sufficient time to permit consideration of the permit by the SEC, but in no case less than one hundred twenty (120) days prior to the scheduled date of EVENT. PROMOTER shall provide the SEC such information as deemed necessary to the SEC to consider a special event permit. In addition to the terms of this AGREEMENT, PROMOTER shall comply with all conditions set forth in the special event permit. In the event of conflict between the provisions of this AGREEMENT and the conditions or other requirements imposed by the Special Event Permit, the more stringent of the requirements shall apply. No provision of this AGREEMENT shall be construed as relieving PROMOTER of its

responsibilities for complying with requirements imposed by the Special Event Permit, or vice versa.

3. PROMOTER must obtain a CITY business license prior to the start of work under this AGREEMENT and maintain said license throughout the term of this AGREEMENT.

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CAR SHOW PROMOTER AGREEMENT (Rev. 2026-05)

4. PROMOTER shall provide at its cost such advertisements, flyers, signs, banners, and other advertising media as deemed appropriate by PROMOTER to obtain the maximum exposure for EVENT. PROMOTER shall deliver promotional posters to the

CITY and downtown businesses not later than thirty (30) days prior to the event.

5. Not later than sixty (60) days prior to EVENT, PROMOTER shall deliver sample postcards providing event details including but not limited to EVENT date, times, and anticipated street closures to the CITY for review. Not later than thirty (30) days prior to EVENT, PROMOTER shall send the approved postcards to residents and businesses within five hundred (500) feet of the location of any EVENT-related activity.

6. PROMOTER shall be responsible for coordinating directly with the Pismo Beach Chamber of Commerce to hold, and attend, a meeting with downtown businesses to be held not later than sixty (60) days prior to EVENT. The purpose of this meeting shall be to brief business representatives on the planned operation and potential impacts of EVENT and answer their questions. CITY shall send at least one representative to said meeting.

7. PROMOTER shall designate a specific individual who shall communicate details

relating to the EVENT to downtown businesses and the Pismo Beach Chamber of Commerce.

8. PROMOTER will strictly adhere to all City and state regulations concerning the sale of alcoholic beverages. PROMOTER will not sell hard spirits/liquor.

Show Personnel.

1. PROMOTER shall provide forty (40) personnel to assist in pedestrian and traffic control at intersections during EVENT and especially during the sanctioned cruise.

2. PROMOTER shall designate a single point-of-contact person (“CONTACT PERSON”) for the show.

a. CONTACT PERSON’s name and contact information, including at least one reliable mobile telephone number and email address, shall be submitted to the CITY’s Tourism and Events Department no later than thirty (30) days before the

show begins.

b. CONTACT PERSON shall be available on all EVENT DAYS in person and by mobile telephone.
c. PROMOTER shall authorize CONTACT PERSON to act on the PROMOTER’s behalf to resolve issues that arise during EVENT DAYS.

d. CONTACT PERSON shall arrive at the show site when setup begins, be

physically present during the show, and remain at the event area until the final vendors leave the premises and the clean-up phase is completed.

e. In addition to the CONTACT PERSON, PROMOTER shall provide a booth for information, communications, and contact during the show. The booth shall be Attachment 2
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CAR SHOW PROMOTER AGREEMENT (Rev. 2026-05)
set up near the Pismo Beach Police Command Center for the event.

PROMOTER shall staff the booth with a knowledgeable and responsible party (SECONDARY CONTACT PERSON) who has authority to make changes to EVENT on the PROMOTER’s behalf. This party will liaise with the CITY and facilitate direct contact between the CITY Fire, Police, and Public Works Departments and the PROMOTER. SECONDARY CONTACT PERSON’s name and contact information, including at least one reliable mobile telephone number and email address, shall be submitted to the CITY’s Tourism and Events Department no later than thirty (30) days before the show begins.

Required Attendance at SEC Meetings.

1. PROMOTER shall attend at least one (1) CITY SEC meeting not later than ninety (90) days prior to EVENT to discuss action items and pre-event checklists.

2. PROMOTER shall attend the first SEC meeting which follows the last day of the EVENT to debrief the SEC on the car show.

EVENT Vendors.

1. PROMOTER shall prepare informational packets containing information required by this paragraph, and following CITY approval shall distribute an approved informational packet to each EVENT vendor. Not less than thirty (30) days prior to issuing

informational packets to EVENT vendors, PROMOTER shall provide the CITY a copy

of each vendor packet to allow CITY sufficient time to ensure that the packets contain correct information regarding hours of operation, cleaning requirements, access requirements and other information imposed on PROMOTER’s vendors under the special events permit.

2. PROMOTER shall provide the CITY with an accurate vendor list not later than thirty (30) days prior to EVENT. Updates to the vendor list showing new vendors added shall

be provided to the CITY weekly thereafter until the commencement of EVENT.

3. PROMOTER shall verify that each vendor and each sponsor has a current, unexpired CITY business license. CITY’s website can be used to complete this verification.

PROMOTER shall include the business license number for each vendor and sponsor as part of the vendor list and vendor list updates.

4. PROMOTER shall ensure that all vendors have and display valid CITY business licenses during EVENT. PROMOTER shall ensure that all vendors have obtained their business licenses not later than five (5) days prior to EVENT. CITY may impose an administrative surcharge in accordance with Pismo Beach Municipal Code Section

5.04.160 for licenses purchased after this deadline.

5. PROMOTER shall ensure that all vendors are clear of all CITY parking lots, streets, and rights-of-way by 6:00 a.m. on the Monday morning following EVENT.

6. PROMOTER shall provide CITY a cleaning deposit in the amount of five thousand dollars ($5,000.00) not later than thirty (30) days prior to the date of each EVENT to ensure that vendors remove all waste, debris, and other material from their numbered spaces at the end of EVENT. The cleaning deposit shall be used to compensate CITY

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for additional personnel time and materials incurred in cleaning the vendor spaces, with any balance remaining returned to PROMOTER.

E. Annual Traffic Control Plan Requirements.

1. PROMOTER shall, no later than ninety (90) days before the first EVENT under this Agreement, cause to be completed a certified traffic control plan (“Plan”) for the EVENT. PROMOTER shall be responsible for the cost of having the Plan professionally prepared and implemented. The Plan will show the road closures, traffic

control, and circulation patterns needed to protect CITY and show participants and show attendees before, during, and after the EVENT. PROMOTER shall obtain advance CITY approval for the vendor, scope of work, and insurance provisions of the Plan. In particular, the insurance provisions of the plan will contain appropriate language protecting the CITY from liability. No later than sixty (60) days before EVENT, PROMOTER shall obtain the City Engineer’s approval of the Plan.

2. No later than ninety (90) days before the remaining EVENTs under this Agreement, PROMOTER shall do one of the following:
a. After obtaining advance permission from the CITY, obtain re-certification for the previous year’s Plan. A re-certified Plan does not require the City Engineer’s

approval. PROMOTER shall be responsible for the cost of having the re- certified Plan professionally prepared and implemented; or b. Obtain and pay for a new certified traffic control plan to be completed, approved and implemented as set out in the first paragraph of Section I.E.1.

II. SERVICES PROVIDED BY CITY
CITY shall provide PROMOTER access to non-confidential, non-privileged plans, maps, and records necessary for completion of PROMOTER'S services. CITY shall also assist PROMOTER in publicizing EVENT through platforms of CITY’s choice. CITY shall provide Police, Fire, Public Works, and other services during EVENT at its sole discretion.

III.

INDEPENDENT CONTRACTOR

PROMOTER'S relationship to the CITY shall be that of an independent contractor. PROMOTER shall devote sufficient time to perform services under this agreement efficiently and effectively.

PROMOTER may represent, perform services for, and be hired by additional individuals or entities, in PROMOTER’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with CITY's business. PROMOTER shall have no authority, express or implied, to act on behalf of the CITY as an agent or to bind the CITY to any obligation whatsoever, unless specifically authorized in writing by CITY's City Manager or Designee.

PROMOTER shall be solely responsible for the performance of any of its employees, agents, or subcontractors under this AGREEMENT.

IV. TERM OF AGREEMENT; EVENT DAYS
The term of this AGREEMENT shall be a period of five (5) years, commencing on January 1, 2027 and ending on December 31, 2031. Unless otherwise specified, all provisions of this AGREEMENT shall apply throughout the entire term of AGREEMENT. Where specified, EVENT DAYS shall mean Attachment 2
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any calendar day, beginning at 12:00 a.m. (midnight) and concluding at concluding at 11:59 p.m., during which any portion of EVENT setup, vending, performances, exhibiting, cruising, tear-down, or cleanup is conducted in or upon any CITY parking lot, street, or right-of-way by PROMOTER or its vendors or subcontractors.

V. TERMINATION OF AGREEMENT

A. If either party ("demanding party") has a good faith belief that the other party ("defaulting

party") is not complying with the terms of this AGREEMENT, the demanding party shall give written notice of the default, with reasonable specificity, to the defaulting party and demand the default to be cured within thirty (30) days of the notice.

B. If the defaulting party fails to cure the default within thirty (30) days of the notice, or, if more than thirty (30) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within thirty (30) days of the notice, the demanding party may terminate this AGREEMENT upon written notice to the defaulting party.

Provided, however, that if PROMOTER fails to timely pay any monies due under this AGREEMENT, the CITY may terminate this AGREEMENT immediately, effective upon notice as provided in this AGREEMENT.

If PROMOTER defaults between EVENTs and this AGREEMENT is terminated, the PROMOTER is prohibited from collecting any monies from prospective EVENT participants, including but not limited to vendors and sponsors. PROMOTER shall return any monies

already collected to these EVENT participants.

E. Notwithstanding anything to the contrary contained herein, either party may terminate this

AGREEMENT without cause upon ten (10) months' advance written notice to the other party.

VI. COMPENSATION TO CITY
A. During the term of this AGREEMENT, PROMOTER will pay the CITY as follows:

1. Thirty thousand dollars ($30,000) on or before May 6, 2027;

2. In calendar year 2028, not later than the 30th day preceding the last day of EVENT, thirty thousand, nine hundred dollars ($30,900);

3. In calendar year 2029, not later than the 30th day preceding the last day of EVENT, thirty-one thousand eight hundred and twenty-seven dollars ($31,827);

4. In calendar year 2030, not later than the 30th day preceding the last day of EVENT, thirty-two thousand seven hundred eighty-two dollars ($32,782); and

5. In calendar year 2031, not later than the 30th day preceding the last day of EVENT, thirty-three seven hundred sixty-five dollars ($33,765).

The purpose of this payment is to partially offset the cost of CITY services provided such as Police, Fire, and Public Works overtime and equipment.

B. For work performed by PROMOTER in accordance with this AGREEMENT, CITY shall not pay

any sums to PROMOTER. The parties agree that PROMOTER obtains a valuable privilege in the operation of EVENT which it would otherwise not be entitled to receive without this AGREEMENT, and PROMOTER agrees that its privilege to operate EVENT is adequate consideration for entering into this AGREEMENT.

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VII.

PROMOTER'S INDEMNIFICATION OF CITY
A. PROMOTER shall indemnify and hold harmless the CITY and its elected and appointed officials, officers, agents and employees (“Indemnitees”) against all claims for damages to

persons or property arising out of the acts or omissions of the PROMOTER or its employees, agents, subcontractors, or others arising out of or in any manner related to the operation of EVENT or the Traffic Control Plan, except only for those claims arising from the sole negligence or sole willful misconduct of the Indemnitees. PROMOTER'S indemnification shall include any and all costs, expenses, attorneys' fees, and liability incurred by the Indemnitees in defending against such claims, whether the same proceed to judgment or not. Further, PROMOTER at its own expense shall, upon written request by the CITY, defend with counsel of CITY's choice any such suit or action brought against the Indemnitees resulting or arising from the acts or omissions of the PROMOTER.

VIII.

INSURANCE

A. Without limitation in any manner of the indemnity and defense obligations set forth in Section

VII of this AGREEMENT, PROMOTER agrees that it will maintain in full force and effect during the term of this AGREEMENT a policy or policies of insurance covering its operations as follows:

1. Comprehensive General Liability, including contractual liability, business automobile liability, broad form property damage, and products and completed operations, all of which shall include coverage for both bodily injury and property damage, with a combined single limit of two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) aggregate.

a. 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."

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

3. Umbrella insurance. PROMOTER may secure and maintain an umbrella liability

insurance policy that offers comprehensive coverage. This policy must include coverage for bodily injury, personal injury, and property damage, and it should extend to encompass commercial general liability, automobile liability, and employer’s liability.

The policy must incorporate the following terms and conditions:
a. Drop-down provision. Coverage must “drop-down” if any primary insurance becomes partially or wholly uncollectible for any reason. b. Claims handling. Coverage must be administered on a “pay on behalf of” basis,

as opposed to a reimbursement model.

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c. Concurrency of coverage. The policy effective dates must align with those of the underlying primary insurance policies to ensure continuous coverage.

4. PROMOTER 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.

Without limitation in any manner of the indemnity and defense obligations set forth in Section

VII of this AGREEMENT, PROMOTER agrees that it will maintain in full force and effect during EVENT DAYS a policy or policies of insurance covering its operations as follows:

1. Liquor liability insurance. PROMOTER shall maintain liquor liability insurance with a combined single limit of one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) aggregate.

2. Automobile liability insurance. If PROMOTER owns vehicles used in performing the Scope of Services in any manner, PROMOTER 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 PROMOTER 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. Vendor insurance: CITY shall not require PROMOTER’s vendors, as a condition of obtaining a CITY business license or otherwise participating in EVENT, to indemnify or

carry policy(ies) of insurance endorsing CITY. PROMOTER may at its discretion

require its vendors to indemnify or carry policy(ies) of insurance endorsing PROMOTER or CITY; in the event PROMOTER does not opt to require such indemnification or policy(ies) of insurance from its vendors, PROMOTER shall assume responsibility for all losses arising from the acts of said vendors.

4. Subcontractor insurance: PROMOTER’s subcontractors shall provide insurance meeting the same minimum insurance coverage and endorsements required of the PROMOTER under this AGREEMENT, except that Comprehensive General Liability coverage required by Section VIII.A.1. need not exceed a combined single limit of one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) aggregate.

PROMOTER agrees to monitor and review all such coverage and assumes all responsibility for ensuring that the required coverage is provided.

Other provisions or requirements:

1. Proof of insurance. PROMOTER 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. Except where otherwise specified, PROMOTER 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

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CAR SHOW PROMOTER AGREEMENT (Rev. 2026-05)
performance of the work hereunder by PROMOTER, its agents, representatives, employees, or subconsultants.

3. Primary/noncontributing. Coverage provided by PROMOTER 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 PROMOTER

or CITY will withhold amounts sufficient to pay premium from PROMOTER payments.

In the alternative, CITY may terminate this AGREEMENT as provided in paragraph V.

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 PROMOTER or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. PROMOTER 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). PROMOTER acknowledges and

agrees that any actual or alleged failure on the part of CITY to inform PROMOTER 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 PROMOTER maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by PROMOTER. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

9. Cancellation. All policies of insurance shall be maintained at all times during the term of this AGREEMENT, unless otherwise specified, and shall contain endorsements Attachment 2
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CAR SHOW PROMOTER AGREEMENT (Rev. 2026-05)
prohibiting cancellation or modification of such policies without thirty (30) days' advance written notice to CITY. Not later than thirty (30) days after execution of this AGREEMENT, PROMOTER shall provide CITY with certificates of insurance deemed acceptable by CITY's City Attorney, evidencing the insurance coverage required by this section.

10. 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.

11. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that PROMOTER’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.

12. Pass-through clause. PROMOTER 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 PROMOTER, provide the same minimum insurance coverage and endorsements required of PROMOTER. PROMOTER 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. PROMOTER 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.

13. 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 PROMOTER ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to PROMOTER, CITY and PROMOTER may renegotiate CITY’s compensation.

14. 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.

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

16. Additional insurance. PROMOTER 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.

IX.

ASSIGNMENT AND DELEGATION

A. This AGREEMENT and any portion thereof shall not be assigned or transferred, nor shall any of PROMOTER'S duties be delegated, without the express written consent of the CITY. Any

attempt to assign or delegate this AGREEMENT without the express written consent of the CITY shall be void and of no force or effect. A consent by the CITY to one assignment shall

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CAR SHOW PROMOTER AGREEMENT (Rev. 2026-05)
not be deemed to be a consent to any subsequent assignment. Transfer of a controlling interest in stock or other ownership interest in PROMOTER to any other person or entity shall constitute an assignment for the purposes of this section.

B. This AGREEMENT shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

X. USE OF CITY INSIGNIA
PROMOTER shall be required to obtain explicit written CITY approval for any and all instances of any CITY insignia, including but not limited to the City Logo and the “Experience Pismo Beach” logo, regardless of medium, used in conjunction with advertisement or promotion of EVENT. Permission for use of CITY insignia shall not be implied in any circumstance. Such approval may be granted as part of the conditions for the Special Event Permit, or granted separately. Any approved use of CITY insignia shall further comply with the conditions of the Special Event Permit, CITY’s administrative policy regulating the use of City Insignia, Pismo Beach Municipal Code Chapter 1.06 and Section

12.16.070, and any other applicable authorities.

XI. 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.

XII. INTERPRETATION OF THE AGREEMENT
A. The interpretation, validity, and enforcement of the AGREEMENT shall be governed by and construed under the laws of the State of California. The AGREEMENT does not limit any other rights or remedies available to CITY.

B. PROMOTER shall be responsible for complying with all local, California, and federal laws

whether or not said laws are expressly stated or referred to herein. PROMOTER may be required to obtain encroachment permits from CITY and/or the State of California, and any

such permit fees shall be borne solely by PROMOTER.

Should any provision herein be found or deemed to be invalid, the AGREEMENT shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this AGREEMENT are severable.

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XIII.

VENUE

The venue in any dispute involving the terms and conditions of this AGREEMENT shall be in San Luis Obispo County, California.

XIV.

AGREEMENT MODIFICATION

This AGREEMENT may not be modified orally or in any manner other than by an Amendment to this AGREEMENT in writing signed by the Parties. This AGREEMENT supersedes, in all respects, all prior agreements between the parties.

XV.

DISPUTE RESOLUTION

A. Any controversy or claim arising out of or relating to this AGREEMENT, or concerning the breach or interpretation thereof, shall be first submitted to mediation, the cost of which shall be borne equally by the parties.

B. No suit shall be brought on this AGREEMENT unless all local and statutory claims filing

requirements have been met.

In any action or proceeding brought following mediation under Section XV A. to enforce or relating to any provision of this AGREEMENT, the prevailing party shall be entitled to recover from the other party its costs and expenses. The term "costs and expenses" as used herein shall include all costs and expenses actually and reasonably incurred, including but not limited to attorneys' fees; filing, motion, and jury fees; juror food and lodging; taping, videotaping, and transcribing depositions and travel expenses to attend depositions; service of process by a public officer, registered process server, or other means; expenses of attachment including keeper's fees; premiums on surety bonds; ordinary witness fees pursuant to the California Government Code; fees of expert witnesses whether or not ordered by the court; transcripts of court proceedings whether or not ordered by the court; court reporters' fees as established by statute; investigation expenses in preparing the case for trial; postage, telephone, and photocopying charges; costs in investigation of jurors or in preparation for voir dire; models, blowups, and photocopies of exhibits, and any other item that is required to be awarded to the prevailing party pursuant to statute as an incident to prevailing in the action at trial or on appeal. Such costs and expenses shall be recoverable whether the services were rendered by

a salaried employee of the party or by an independent contractor.

It is acknowledged that PROMOTER’S failure to achieve substantial completion of the tasks set forth in the Special Events Permit will cause CITY to incur substantial economic damages

and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by CITY of actual damages, and that liquidated damages represent a fair, reasonable, and appropriate estimate thereof. Liquidated damages are appropriate because the City’s most important, and unquantifiable, economic asset is its

reputation as a safe and inviting tourist destination. The City and its retail and lodging businesses earn sufficient revenue from tourism only if events like the annual car show are run according to health, safety, and welfare terms that are carried out as specified in advance.

Accordingly, in lieu of actual damages for such breaches, PROMOTER agrees that liquidated damages may be assessed and recovered by CITY as against PROMOTER without CITY being required to present any evidence of the amount or character of actual damages

sustained by reason thereof; therefore PROMOTER shall be liable to CITY for payment of liquidated damages in the amount of one thousand dollars ($1,000.00) for each violation of the Special Events Permit that is not immediately remedied by PROMOTER upon notice from

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CITY, to a maximum of five thousand dollars ($5,000.00). Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and PROMOTER shall pay them to CITY without limiting CITY’s right to terminate this AGREEMENT for default as provided elsewhere herein.

XVI.

NOTICES

A. All notices, demands, requests, consents, or other communications which this AGREEMENT contemplates or authorizes, or requires or permits either party to give to the other, shall be in

writing and shall be personally delivered or mailed to the respective party at the addresses set

forth immediately following the signatures of the parties executing this AGREEMENT.

B. Either party may change its address by notice to the other party as provided herein.

Communications shall be deemed to have been given and received on the first to occur of (i) actual receipt at the offices of the party to whom the communication is to be sent, as designated above, or (ii) three (3) working days following the deposit in the United States Mail of registered or certified mail, postage prepaid, return receipt requested, addressed to the offices of the party to whom the communication is to be sent, as designated above.

XVII.

ENTIRE AGREEMENT

The individuals executing this AGREEMENT represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AGREEMENT on behalf of the respective legal entities of PROMOTER and CITY. This AGREEMENT may be signed in one or more counterparts, all of which together shall comprise a single document. This AGREEMENT comprises the entire integrated understanding between CITY and PROMOTER concerning the work to be performed for the annual car show EVENT and supersedes all prior negotiations, representations, or agreements.

IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed by setting hereunto their signatures on the respective dates set forth below.

Signature on next page.

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CAR SHOW PROMOTER AGREEMENT (Rev. 2026-05)
CITY:

City of Pismo Beach, a Municipal Corporation

Signed:

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

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

ATTEST:

Signed:

Name: Erica Kirkwood
Title: City Clerk

APPROVED AS TO FORM:

Signed:

Name: Dean J. Pucci,
Title: City Attorney
PROMOTER:
____________________________

Signed:

Name:

Title:

Dated: ________________________________

Address for giving notice (See Section XVI):

Email address for official communications:

______________________________________

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PISMO BEACHCAR SHOW
ANSA Productions
Attachment 3
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WHOWE ARE

ANSA PRODUCTIONS
Attachment 3
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PROVEN EXPERIENCE
The scale and complexity of the Los Angeles Auto Show has prepared ANSA Productions to successfully manage destination automotive events of every size.

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PROVEN EXPERIENCE
Attachment 3
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WHAT WE DO
• Event Operations & Logistics
• Exhibitor Sales & Management
• Sponsorship Sales
• Advertising & Marketing
• Floor Planning & Site Layouts
• Public Safety Coordination
• Vendor & Contractor Management
• Traffic & Crowd Management
•Government & Agency Coordination
• Move-In / Move-Out Operations
• Guest Experience
• On-Site Event Management
From initial planning through final breakdown, our team oversees every detail to ensure a seamless experience for exhibitors, partners, attendees, and the host city. • Event Operations & Lo istics
• Exhibitor Sales & Mana ement
• S onsorshi Sales

Floor Plannin & Site Layout
Public Safet Coordination
Vendor & Contractor Mana emen
Traffic & Crowd Mana emen
Government & A ency Coordinatio
Move-In / Move-Out O eration
Guest Ex erienc
On-Site Event Mana emen
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INDUSTRY EXPERIENCE
Attachment 3
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OUR TEAM
Attachment 3
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PERSONNELINFORMATION
Attachment 3
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SUMMARY
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SUPPORT STAFF
Attachment 3
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UNDERSTANDINGTHE OPPORTUNITY
Our Vision for the
Pismo Beach Car Show
ANSA Productions understands the scope of work to be
the planning, executing and full operation of the annual Car Show held in the City of Pismo Beach, which
welcomes upwards of 75,000 attendees and exhibitors
over a three day event.

This scope includes advertisement, selling, registering and oversight of exhibitors, vendors, and subcontractors,
obtaining necessary licenses and permits, traffic control, and direct cooperation with public works and public
safety personnel.

A certified traffic control plan, coordinated with the
Pismo Beach Chamber of Commerce is required,
ensuring compliance with all city and state regulations.

Our Vi ion for th
Pi mo Be ch r ho
AN A Productions understands the sco e o work to be
he plannin , executin and full operation of the annual ar how held in the Cit o Pismo Beach, which
welcomes u wards of 75,000 attendees and exhibitors
ver a three da event
his scope includes advertisement, selling, registering an versi ht of exhibitors, vendors, and subcontractors,
btaining necessary licenses and permits, tra ic control, nd direct coo eration with ublic works and ublic
sa et ersonnel.
certi ied tra ic control lan, coordinated with the
ismo Beach Chamber of Commerce is re uired,
nsuring compliance with all city and state regulations
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OUR APPROACH
Attachment 3
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• Traffic Management
• Street Closures
• Public Safety Coordination
• Police & Fire Collaboration
• Public Works Coordination
• Permitting
With decades of experience managing large-scale public events, our team understands how to create safe, efficient, and well-organized experiences.

OPERATIONS & LOGISTICS
• Vendor Management
• Exhibitor Registration
• Event Staffing
• Crowd Management
• Emergency Planning
• Move-In & Move-Out Operations
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Driving Attendance & Awareness
Our in-house marketing team develops integrated campaigns that generate awareness, drive attendance, and attract sponsors.

MARKETING & PROMOTION
Drivin Attendance & Awareness
Our in-house marketing team develops integrated campaigns that enera e awareness, r ve a en ance, an a rac sponsors
Attachment 3
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SPONSORSHIPOPPORTUNITIES
Attachment 3
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COMMUNICATION
Communication is critical to
every successful partnership.

Our process includes:
• Project Kickoff
• On-Site Planning Meetings
• Regular Status Meetings
• Department Coordination
• City & Agency Collaboration
• Monthly Progress Updates
• Event Execution
• Post-Event Review & Reporting
Communic tion i critic l t
every success ul partnership.

Our process includes:
• Pro ect Kickof
• On-Site Plannin Meetin s
• Re ular Status Meetin s
• De artment oordination
• City & A ency Collaboratio
• Monthly Pro ress Updates
• Ev nt Ex ti
• Post-Event Review & Reportin
Attachment 3
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WHY ANSA

ANSA PRODUCTIONS
Attachment 3
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REFERENCES
-Casey Kilmer, Nissan Automotive-Casey Kilmer, Nissan Automotiv Attachment 3
Council Agenda 9-15-2026 12.A-30
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REFERENCES
-Teri Gudenau, EWI Worldwide-Teri udenau, EWI Worldwid
Attachment 3
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REFERENCES
‑
‑
‑
-Kimberly Weedmark, Los Angeles Convention Center-Kimberly Weedmark, Los An eles onvention ente ‑
‑
Attachment 3
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ADDITIONALDOCUMENTS
Attachment 3
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210-488-6362
MOBILE:
[email protected]

EMAIL ADDRESS

COMMITMENT
Office:
310.444.1850
Attachment 3
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PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #12.B
Meetin Date: Septembe 15, 2026
TITLE:

Transfer of the Chapman Estate Real Property to the Chapman Estate Foundation Pursuant to a Disposition and Operations Agreement, and Designation of the Property as Local Historic Resource
RECOMMENDATION:

1. Adopt a Resolution approving the transfer of certain City-owned real property to the Chapman Estate Foundation pursuant to a Disposition and Operations Agreement, and authorizing the City Manager to execute all necessary documents;

2. Adopt a Resolution designating the City-owned property located at 1243 Ocean Boulevard (APNs 010-302-030 and 010-30-031), known as the Chapman Estate, as a Local Historic Resource.

DISCUSSION:

The Chapman Estate (Estate) was donated to the City on December 13, 2013, by the Clifford W. Chapman Trust through a Distribution Agreement that includes several obligations the City must adhere to in exchange for donation of the Estate to the City.

On August 6, 2024, the City Council reviewed an assessment of the Estate related to the financial cost to repair and maintain the property. The Council subsequently directed staff to start the process of disposing of the property, based on the high cost of operations and maintenance of the Estate.

On February 3, 2026, the City Council adopted Resolution R-2026-006 declaring the property surplus land as required by the Surplus Land Act (SLA). The California Department of Housing and Community Development provided a letter to the City on August 21, 2026, confirming that the City had satisfied all applicable requirements of the SLA for the purpose of disposing of City owned property.

The Agreement
The City and Chapman Estate Foundation (Foundation) have negotiated a Disposition and Operations Agreement (Agreement, Attachment 1.A), which provides for the transfer of the Property to the Foundation while ensuring the long-term continuity, performance and adherence to the use, event and public access requirements outlined in both the 2013 Distribution Agreement and the April 20, 2021, Conditional Use Permit/Coastal Development Permit.

The Agreement also requires reimbursement to the City for prior capital improvements at the Estate in the amount of $1.66 million dollars, increased by annual CPI, based on the All Urban Consumers, Los Angeles, Long Beach, Anaheim, CA (see Section 3.2).

Payment would be triggered upon any future sale of the property.

Council Agenda 9-15-2026 12.B-1
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The Foundation will also receive $200,000 through escrow from insurance proceeds received by the City for repair of the Gull Cottage.

Historic Designation
During Agreement negotiation, the City raised concerns regarding Fire Code and Building Code compliance for the various use areas on the property. Section 4.1 of the Agreement (Use and Operation of the Property) limits use of the Estate to areas that comply with all applicable Building and Fire Code requirements.

The Foundation expressed concern about its ability to comply with this requirement, particularly with respect to indoor use of the facilities and associated ADA path-of-travel requirements. In response, the Foundation inquired about the potential designation of the site as a historic resource, which could allow the use of the State Historical Building Code, which provides greater flexibility in the means and methods used to achieve compliance with applicable building and fire code requirements for qualified historic properties.

Chapter 17.063 of the Pismo Beach Municipal Code (Archaeological and Historic Sites Overlay) establishes procedures for the designation of structures, sites and features of historical, architectural, cultural or archaeological significance as Local Historic Resources. An historic evaluation of the site was conducted in November 2013 by Rebecca Loveland Anastasio, which identified the potential for the Property to qualify for listing as a Local Historic Resource and a State Historic Resource, and possibly as a Federal Historic Resource. The resolution provided as Attachment 2 to this staff report includes the findings necessary for the City Council to declare the property a Local Historic Resource. The local historic designation is specific to the following on site improvements:
Garage
Lighthouse
Main House
Guest House
Windmill
Landscape features: the Cypress trees, field stone landscape walls, the seawall, and pool.

Conclusion and Recommendation
Staff recommends the City Council adopt a resolution (Attachment 1) approving transfer of the Chapman Estate to the Foundation pursuant to the Disposition and Operations Agreement and authorizing the City Manager to execute all related documents.

Staff also recommends City Council adopt a resolution (Attachment 2) designating the Chapman Estate as a Local Historic Resource.

FISCAL IMPACT:

The fiscal impact of adopting both subject resolutions would include the transfer of $200,000.00 in insurance proceeds received by the City for storm damage to the Gull Cottage. In addition, the City would no longer provide approximately $60,000 annually in Council Agenda 9-15-2026 12.B-2
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General Fund support for the Chapman Estate and would avoid future property insurance costs and reduce the amount of staff time supported by the General Fund associated with the property. Staff would also remove the property from the City’s fixed asset records.

As part of the proposed Disposition and Operations agreement, the Foundation would execute and record a deed restriction or other appropriate legal instrument, along with a promissory note in favor of the City, to protect the City’s approximately $1.66 million in prior capital investments in the Chapman Estate. The outstanding amount would be adjusted annually based on the Consumer Price Index. Payment to the City would be triggered upon any future sale or transfer of the property.

ATTACHMENTS:

1. Resolution - Transfer of Chapman Estate to the Chapman Estate Foundation Exhibit A - Disposition and Operations Agreement

2. Resolution - Historic Resource Designation
Submitted by:

Scot Graham, Community Development Director
City Manager Approval:

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RESOLUTION NO. R-2026-XXX

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

APPROVING THE TRANSFER OF CERTAIN CITY-OWNED REAL PROPERTY TO

THE CHAPMAN ESTATE FOUNDATION PURSUANT TO A DISPOSITION AND

OPERATIONS AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE ALL NECESSARY DOCUMENTS
WHEREAS, the City of Pismo Beach (“City”) is the owner in fee simple of certain real property located at 1243 Ocean Boulevard, bearing Assessor’s Parcel Numbers (APNs) 010-302-030 and 010-302-031 (“Property”) and further known as the Chapman Estate (the “Estate”); and
WHEREAS, the City originally acquired the Property as a donation from the Clifford W.

Chapman 1986 Trust by a Distribution Agreement dated December 13, 2013, which sets forth numerous specific obligations of the City in exchange for the donation of the Estate to the City; and
WHEREAS, the City Council, on August 6, 2024, reviewed an assessment of the Estate related to the financial cost to repair and maintain the property and subsequently directed staff to start the process to dispose of the property due to the high cost of operations and maintenance of the Estate; and
WHEREAS, on February 3, 2026, the City Council adopted Resolution R-2026-006 declaring the Property surplus land. Subsequently, by letter dated August 21, 2026, the California Department of Housing and Community Development confirmed that the City had satisfied all applicable requirements of the Surplus Land Act for purposes of disposing of the Property; and
WHEREAS, the City and the Chapman Estate Foundation (“Foundation”) have negotiated a Disposition and Operations Agreement, incorporated as Exhibit A to this Resolution, which provides for the transfer of the Property to the Foundation while ensuring long-term continuity, performance, and adherence to the unique preservation and public access obligations established in the 2013 Distribution Agreement and 2021 Conditional Use Permit and Coastal Development Permit (Resolution R-2021-030).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the transfer of the real property located at 1243 Ocean Boulevard (APNs 010-302-030 and 010-302-031), known as the Chapman Estate, to the Chapman Estate Foundation.

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby authorizes, empowers and directs the City Manager to execute the Disposition and Operations Agreement (Exhibit A), deed of trust, escrow instructions, and any supporting or regulatory documents necessary to complete the transaction on behalf of the City.

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Attachment 1
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AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

DISPOSITION AND OPERATIONS AGREEMENT
by and between
City of Pismo Beach,
and
The Chapman Estate Foundation

DISPOSITION AND OPERATIONS AGREEMENT

AGREEMENT
Definitions. The following capitalized terms used in this Agreement shall “Agreement” means this Disposition and Operations Agreement.

1.1.2 “Approved Title Exceptions” is defined in Section 2.4.1.

1.1.3 “City” means the City of Pismo Beach.

1.1.4 “Close of Escrow” is defined in Section 2.3.

Council Agenda 9-15-2026 12.B-6
Attachment 1.A
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1.1.5 “Conditional Use Permit” shall mean the conditional use permit regulating activities on the Estate issued by the City.

1.1.6 “Default” is defined in Section 6.1.

1.1.7 “Deposit” is defined in Section 2.2.

1.1.8 “Disapproved Title Exceptions” is defined in Section 2.4.1.

1.1.9 “Distribution Agreement” means the Distribution Agreement by and between the Clifford W. Chapman 1986 Trust and the City of Pismo Beach dated December 13, 2013.

1.1.10 Escrow” is defined in Section 2.3.

1.1.11 “Escrow Holder” means Fidelity National Title Company or another licensed escrow holder mutually selected by the Parties.

1.1.12 “Estate” means the land described on Exhibit “A” attached hereto and the Improvements located thereon.

1.1.13 “FIRPTA Affidavit” is defined in Section 2.8.1.3.

1.1.14 “Force Majeure Delay” is defined in Section 6.7.

1.1.15 “Grant Deed” is defined in Section 2.4.5.

1.1.16 “Hazardous Materials” means any chemical, material or substance now or hereafter defined as or included in the definition of hazardous substances, hazardous wastes, hazardous materials, extremely hazardous waste, restricted hazardous waste, toxic substances, pollutant or contaminant, imminently hazardous chemical substance or mixture, hazardous air pollutant, toxic pollutant, or words of similar import under any local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto applicable to the Estate, including, without limitation: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq. (“CERCLA”); the Hazardous Materials Transportation Act, as amended, 49 U.S.C. 1801, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.; and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901, et seq. (“RCRA”) The term Hazardous Materials shall also include any of the following: any and all toxic or hazardous substances, materials or wastes listed in the United States Department of Transportation Table (49 CFR 172.101) or by the Environmental Protection City as hazardous substances (40 CFR. Part 302) and in any and all amendments thereto in effect as of the Close of Escrow Date; oil, petroleum, petroleum products (including, without limitation, crude oil or any fraction thereof), natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel, not otherwise designated as a hazardous substance under CERCLA; any substance which is toxic, explosive, corrosive, reactive, flammable, infectious or radioactive (including any source, special nuclear or by-product material as defined at 42 U.S.C. 2011, et seq.), carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority; asbestos in any form; urea formaldehyde foam insulation; “Improvements” means all buildings, landscaping, infrastructure, utilities, and other improvements on the Estate

1.1.18 Party” means any party to this Agreement, and “Parties” means all parties to this Agreement.

1.1.19 “Permitted Exceptions” is defined in Section 2.4.5.

1.1.20 “Project” means the Estate and Improvements.

1.1.21 “Project Area” is that real property particularly described on defined in Exhibit A.

1.1.22 “Purchase Price” is defined in Section 2.1.

1.1.23 “Released Parties” is defined in Section 2.9.4.

1.1.24 “Term” means twenty-five (25) years after this Agreement is fully executed by all parties.

1.1.25 Title Company” shall mean the Escrow Holder (i.e., the Title “Transfer” is defined in Section 4.1.1.

1.1.27 “Transferee” is defined in Section 4.1.2.

1.1.28 “Withholding Affidavit” is defined in Section 2.8.1.2.

2.PURCHASE AND SALE OF THE PROPERTY; PURCHASE PRICE; DEPOSIT.

Consideration for Transfer.

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2.2 Deposit.

2.2.1 Within ten (10) business days after the date this Agreement is executed by the City and delivered to Foundation, the Foundation shall deposit the sum of Three Thousand Dollars ($3,000) with Escrow Holder (together with all interest thereon, the “Deposit”).

2.2.2 The Deposit shall be held by Escrow Holder in an interest-bearing account.

2.2.3 The Deposit shall be credited to the Purchase Price and any Escrow Fees at the Close of Escrow.

2.2.4 In the event the Close of Escrow does not occur due to a default by Foundation, the Deposit shall be delivered to and retained by the City.

2.3 Opening and Closing of Escrow.

2.3.1 Within five (5) business days after the Effective Date of this Agreement is executed by City and delivered to Foundation, the City and the Foundation shall cause an escrow (the “Escrow”) to be opened with Escrow Holder for the sale of the Estate by the City to Foundation.

2.3.2 The Parties shall deposit with Escrow Holder a fully executed duplicate original of this Agreement as the escrow instructions for the Escrow. The City and Foundation shall provide such additional instructions as shall be necessary and consistent with this Agreement.

2.3.3 Provided that each of the conditions to closing described in Section 2.7 have been satisfied, Escrow shall close (the “Close of Escrow”) on or before September 30, 2026.

2.3.4 If the Close of Escrow does not occur by such date, any party not then in default may terminate this Agreement by written notice to the other and, all funds and documents deposited with Escrow Agent shall be promptly refunded or returned, as the case may be, by Escrow Agent to the depositing party, except that all escrow and title cancellation fees shall be paid by Foundation.

2.4 Condition of Title; Title Insurance.

2.4.1 Foundation hereby approves all title exceptions of that certain preliminary title report dated April 6, 2026, issued by the Title Company as Order No. 4009- 7398746 (the “Approved Title Exceptions”).

2.4.2 At the Close of Escrow, the City shall convey title to the Estate to Foundation by grant deed substantially in the form attached hereto as Exhibit “C” (the “Grant Deed”). Title to the Estate shall be conveyed subject to: (i) nondelinquent current real property taxes and assessments not yet due for the tax year during which the conveyance occurs, (ii) all Approved Title Exceptions, (iii) this Disposition and Operations Agreement, and (iv) any matters Conditions to Close of Escrow.

Costs; Escrow Holder Settlement Statement.

Foundation shall be solely responsible for all costs and expenses related to all surveys, title policies (and endorsements thereto), escrow charges, recording fees, and transfer taxes.

2.7 Condition of the Property.
“As-Is” Sale. Foundation acknowledges and agrees that, except as Council Agenda 9-15-2026 12.B-8
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compliance with any laws, and Foundation is not aware of and does not rely upon any such representation to any other party. Except as expressly set forth herein, neither City nor any of its representatives is making or shall be deemed to have made any express or implied representation or warranty, of any kind or nature, as to (a) the physical, legal or financial status of the Estate, (b) the Estate’s compliance with applicable laws, (c) the accuracy or completeness of any information or data provided or to be provided by City, or (d) any other matter relating to the Estate.

2.7.2 City to provide prior to close of escrow, Within ten (10) calendar days after City executes this Agreement, City shall provide Foundation with copies of all, documents within its possession, custody or control related in the condition of the Estate or any work performed on the Estate inspections, including, without limitation, reports, photographs, plans, permits, inspections, invoices, warranties, or other similar documents. Documents shall be provided in an electronic format and upon acceptance, all further records requests shall be submitted or requested related to any records, reports, or inspections or prior work shall be submitted in accordance with the California Public Records Act.

2.7.3 Acknowledgement of Inspections. Foundation has inspected the Estate and its physical characteristics and existing conditions and has observed or has had sufficient opportunity to inspect or observe, conducted or had sufficient opportunity to conduct such investigations and studies on and of said Estate and adjacent areas as it deems necessary, and hereby waives any and all objections to or complaints regarding the Estate and its condition, including, but not limited to, federal, state or common law based actions and any private right of action under state and federal law to which the Estate is or may be subject, including, but not limited to, CERCLA (as defined in Section 1.1.15), RCRA (as defined in Section 1.1.15), physical characteristics and existing conditions, including, without limitation, structural and geologic conditions, subsurface soil and water conditions and solid and hazardous waste and Hazardous Materials on, under, adjacent to or otherwise affecting the Estate. Foundation further hereby assumes the risk of changes in applicable laws and regulations relating to past, present and future environmental conditions on the Estate and the risk that adverse physical characteristics and conditions, including, without limitation, the presence of Hazardous Materials or other contaminants, may not have been revealed by its investigations.

2.7.4 Releases and Waivers. Foundation and anyone claiming by, through or under Foundation hereby waives its right to recover from and fully and irrevocably releases City, City and its council members, board members, employees, officers, directors, representatives, agents, servants, attorneys, successors and assigns (“Released Parties”) from any and all claims, responsibility and/or liability that it may now have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to (i) the condition (including any defects, errors, omissions or other conditions, latent or otherwise, and the presence in the soil, air, structures and surface and subsurface waters of materials or substances that have been or may in the future be determined to be Hazardous Materials or otherwise toxic, hazardous, undesirable or subject to regulation and that may need to be specially treated, handled and/or removed from the Estate under current or future federal, state and local laws regulations or guidelines), valuation, salability or utility of the Estate, or its suitability for any purpose whatsoever, and (ii) any information furnished by the Released Parties under or in connection with this Agreement. This release includes claims of which Environmental Indemnity. Except for the presence of Hazardous Materials on the Estate known by City and not disclosed to Foundation, from or after the Close of Council Agenda 9-15-2026 12.B-9
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Escrow, Foundation shall indemnify, protect, defend and hold harmless the City, and the City’s officials, officers, attorneys, employees, consultants, agents and representatives, from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys’ fees and costs, arising directly or indirectly out of any claim for loss or damage to the Estate or for the cost of remediating the Estate and removing Hazardous Materials therefrom, by reason of Foundation’s release of Hazardous Materials on the Estate, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or City requiring the remediation of any Hazardous Materials that Foundation releases on the Estate.

2.8 Deposits into Escrow.

2.8.1 The City hereby covenants and agrees to deliver to Escrow Holder prior to the Close of Escrow the following instruments and documents, the delivery of each of which shall be a condition of the Close of Escrow:

2.8.1.1 A Grant Deed duly executed and acknowledged by the City, in the form attached hereto as Exhibit “C”.

2.8.1.2 The affidavit as contemplated by California Revenue and Taxation Code § 18662 (“Withholding Affidavit”);

2.8.1.3 A Certification of Non-Foreign Status in accordance with I.R.C. Section 1445 (the “FIRPTA Certificate’);

2.8.1.3.1 Two Hundred Thousand Dollars ($200,000.00) pursuant to Section 4.3 of this Agreement; and

2.8.1.3.2 Such amounts as are necessary to satisfy any monetary obligations on the part of the City to close Escrow.

2.8.1.4 Such proof of the City’s authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue Foundation’s policy of title insurance.

2.8.2 Foundation shall deposit with Escrow Holder, prior to the Close of Escrow, an executed and acknowledged counterpart of this Disposition and Operations Agreement and funds sufficient to satisfy Foundation’s monetary obligations at Closing in accordance with this Agreement.

2.9 Authorization to Record Documents and Disburse Funds.

2.9.1 Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled:
(i)The Title Company can issue in favor of Foundation an ALTA Extended Coverage Owner’s Policy of Title Insurance, with liability equal to the Escrow’s Closing Actions.

On the Close of Escrow, Escrow Holder shall:

2.10.1.1 Record the Grant Deed and then the Disposition and Operations Agreement with the San Luis Obispo County Recorder (which shall be deemed delivery of said instruments to Foundation);

2.10.1.2 Issue the Title Policy (or cause the Title Company to issue the Title Policy);

2.10.1.3 Prorate taxes, assessments, rents, and other charges as of the Close of Escrow in accordance with the settlement statements approved by the Parties.

2.10.1.4 From funds deposited by Foundation, pay prorated amounts and charges to be paid by or on behalf of Foundation, and return any excess to Foundation;

2.10.1.5 Prepare and deliver to both Foundation and the City one signed copy of Escrow Holder’s closing statement showing all receipts and disbursements of the Escrow; and

2.10.1.6 Deliver the FIRPTA Certificate and the Withholding Affidavit to Foundation.

2.11 Additional Instructions.

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3.OPERATOR’S USE COVENANTS.

3.1 Operations.

Except as set forth below, Foundation shall use the Estate subject to the Distribution Agreement, and all requirements of any and all applicable federal, state and local laws, rules and regulations (including any conditions of approval required by the City), and all other terms, conditions and requirements of this Agreement. Foundation shall comply in the time and manner provided by this Agreement, provided that the obligations of Foundation set forth therein which are to be performed after the Close of Escrow shall be tolled by Force Majeure Delays, if applicable, and provided, further, that the City Manager of the City may extend any deadline therein in his or her sole and absolute discretion. During the Term of this Agreement, the Foundation shall provide the City, as reasonably requested by the City, a status report regarding the operation of the Estate. This paragraph is subject to the limitations and terms as specified in Section 4.1.

3.2 Reimbursement to City for Prior Capital Investments to the Estate.

Foundation agrees to execute and record a deed restriction or other legal instrument and a promissory note in favor of the City ensuring the City will be made whole on those capital investments made by City to the Estate prior to the date of this Agreement in the amount of $1.66M, which amount will increase by annual adjustments on any outstanding unpaid amounts using the annual CPI All Urban Consumers, Los Angeles - Long Beach - Anaheim, CA. This provision shall survive this agreement and runs with the property.

3.3 Operations of Open Gates., Foundation agrees to continue the Open Gates program in conformity with the Conditional Use Permit requirements or with any later-issued conditional use permit if such program is included as a condition.

3.4 Local, State and Federal Laws. Foundation shall use the Estate in conformity with all applicable federal, state and local laws, including all applicable federal and state occupation, safety and health standards, City codes and the Conditional Use Permit and Coastal Development Permit.

3.5 City and Other Governmental Agency Permits and Approvals.

Foundation shall (at Foundation’s expense) secure, or cause to be secured, any and all permits which may be required by the City or any other governmental agency having jurisdiction over the Estate.

3.6 Revision to Conditional Use Permit. Foundation may operate under the existing Conditional Use Permit for up to 3 years after the Close of Escrow. Within 365 days of Close of Escrow Foundation shall apply for a revision to the Conditional Use Permit for the Estate. subject to the limitations and terms as specified in Section 4.1.

3.7 No City Maintenance. After the Close of Escrow, all maintenance of the Estate is the responsibility of the Foundation and City has no maintenance duties or obligations related to the Estate.

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4. USE AND OPERATION OF THE PROPERTY.

4.1 Upon Close of Escrow, the public use of the Estate shall be limited to those areas that comply with all applicable required building and fire codes. The Foundation understands and agrees that “public use” shall include access by the public, whether for a fee or without cost, except for Foundation employee, volunteers, architects, engineers, contractors, vendors, consultants or others providing service to the Foundation in connection with the evaluation, maintenance,repair and operations of the Estate or any portion thereof.

4.2 Maintenance by Foundation. During the Term, Foundation and its successors in interest with respect to the Estate shall maintain the Estate (including landscaping) in a manner substantially comparable to the level of maintenance provided to other properties of similar age and quality to the Project located in San Luis Obispo County. The Foundation shall maintain the Estate in good repair and working order, and in a neat, clean and orderly condition, including the walkways, driveways, and landscaping, and from time to time make all necessary and proper repairs, renewals, and replacements. Failure to maintain the Estate is a material breach of this Agreement. Notwithstanding anything to the contrary herein, the parties acknowledge that, at the time of this Agreement, the Estate is in need of extensive repairs and upgrades and that such repairs and upgrades will require time and resources to return the Estate to good repair and working order. The Foundation will proceed to reasonable diligence to make such repairs and upgrades.

However, in determining whether the Foundation has met its obligations under this Section 4.2, the condition of the Estate at the time of this Agreement and the time, resources and reasonable diligence to return the Estate to good repair and working order, shall be taken into consideration.

4.3 Gull Cottage. Foundation agrees to take full responsibility for the Gull Cottage in its current “as-is” condition and will be provided $200,000 from insurance proceeds available from insurance claims made for prior damage. Said amount shall be deposited into escrow

4.4 Responsibility for Assetsand Inventory. Not later than sixty (60) days prior to the Close of Escrow, City shall complete an inventory of all personal property located on the Estate and provide the Foundation with a copy of that inventory. Concurrently with providing a copy of the inventory, the City shall provide the Foundation with a list of all items which the City intends to remove from the Estate. All such identified personal property shall be removed from the Estate prior to the Close of Escrow. Any personal property remaining on the Estate after the Close of Escrow shall become the property of the Foundation, which shall hold and utilize it specifically to carry out the provisions of the Distribution Agreement.The Foundation will insure the full value of the personal property assets which are displayed publicly at the Estate. If the Foundation seeks to liquidate any such personal property assets, the item(s) identified for liquidation shall first be offered to the City, which will hold first right of refusal to reclaim ownership of such items, at no cost. No current or former Foundation board member, staff, or their families shall be permitted to acquireliquidated assets.

4.5 Events Open to the Public. Foundation will comply with all laws, rules, building and fire codes, and regulationsapplicable to the use of the Estate for public eventssubject to the limitations and terms as specified in Section 4.1.

5. EVENTS OF DEFAULT, REMEDIES AND TERMINATION.

5.1 Defaults - Definition. Subject to the provisions of Section 5.6 hereof, the occurrence of any or all of the following shall constitute a default (“Default”) under this Agreement:

5.1.1 Foundation’s failure to perform its obligations on a timely basis as contained herein or any breach of this Agreement by any Party involving the payment of money, and the continuance of such breach for a period of ten (45) days after the non-defaulting Party has given written notice to the defaulting Party, as specified in Section 9.1;

5.1.2 Except as otherwise provided in Section 5.1.1 hereof, a breach of any material term of this Agreement by any Party not involving the payment of money and failure of such Party to cure such breach within sixty(60) days after the non-defaulting Party has given written notice to the defaulting Party; provided, however, if such breach is not reasonably curable within such sixty (60) day period, then such Party shall be deemed in Default only if such Party does not commence to cure such breach within such sixty (60) day period and thereafter fails to diligently prosecute such breach to completion;

5.1.3 The failure to comply with any of the insurance requirements of Section 6 below.

5.1.4 The failure to maintainthe Estate as required by Section 4.2.

5.2 Remedies.

5.2.1 Remedies for Default After the Close of Escrow. In the event of a Default by any Party after the Close of Escrow, a non-defaulting party shall be entitled to the following remedies, as applicable:
(i) A defaulting Party shall be liable to the non-defaulting Party for all damages, costs and losses incurred by the non-defaulting Party, and the non-defaulting Party may seek against the defaulting Party any available remedies at law or equity, including but not limited to the right to receive damages or to pursue an action for specific performance; and
(ii) Prior to any sale of the Estate, the Foundation shall use good faith efforts to sell the Estate or applicable portion thereof to a qualified and responsible party or parties who will assume the obligation of operating the Estate in accordance with the uses specified for such property by law. The rights established in this Section are to be interpreted in light of the fact that the City will convey the Estate to the Foundationfor continued operations in substantial compliance with the Distribution Agreement and not for speculation.

This provision shall not relieve the Foundation of any requirements of applicable law nor shall it permit substantial compliance with said laws when absolute compliance is required.

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5.3 No Personal Liability. No representative, agent, attorney, consultant, or employee of the City or the Foundation shall personally be liable in the event of any Default or breach by the either Party, or for any amount which may become due to any party or successor in interest, on any obligation under the terms of this Agreement.

5.4 Rights and Remedies are Cumulative. The rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by the non-defaulting Party; provided, however, that liquidated damages specified herein shall constitute the sole damages recoverable for the default giving rise to such liquidated damages.

5.5 Inaction Not a Waiver of Default. Any failures or delays by either Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive either such Party of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. The acceptance by a Party of less than the full amount due from the other party shall not constitute a waiver of such Party’s right to demand and receive the full amount due, unless such Party executes a specific accord and satisfaction.

5.6 Force Majeure. Following the Close of Escrow, and notwithstanding anything to the contrary in this Agreement, nonperformance shall be excused when performance is prevented or delayed by reason of any of the following forces reasonably beyond the control of such party (a “Force Majeure Delay”): (i) failure to perform by Foundation affecting all similar works of construction in the San Luis Obispo County, California, area, attributable to any strike, lockout or other labor or industrial disturbance (whether or not on the part of the employees of either party hereto), civil disturbance, pandemic, future order claiming jurisdiction, act of the public enemy, war, riot, sabotage, blockade, embargo, inability to secure customary materials, supplies or labor through ordinary sources by reason of regulation or order of any government or regulatory body; and (ii) delay attributable to severe weather, lightning, earthquake, fire, storm, hurricane, tornado, flood, washout, explosion, or any other similar industry-wide cause beyond the reasonable control of the party from whom performance is required, or any of its contractors or other representatives. Any prevention, delay or stoppage due to any Force Majeure Delay shall excuse the performance of the party affected for a period of time equal to any such prevention, delay or stoppage (except the obligations of either party to pay money to the other party or to close escrow) provided that the Party claiming the Force Majeure Delay notifies the other Party of the Force Majeure Delay within a reasonable time (not to exceed ten business days) after the commencement of the Force Majeure Delay.

6.INSURANCE; INDEMNITY.

6.1 Insurance.

From and after the Close of Escrow and for so long as title to the Estate has not reverted to by the City, Foundation shall obtain and maintain at no cost or expense to the City, with a reputable and financially responsible insurance company reasonably acceptable to the City, (i) commercially reasonable casualty insurance for the Estate in an amount not less Three Million Indemnity. From and after the execution of this Agreement, Foundation Foundation Representations. Foundation represents and warrants to the Council Agenda 9-15-2026 12.B-13
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(ii)Foundation has duly authorized the execution and
performance of this Agreement and the execution and performance of all of the closing documents set forth herein.
(iii)Foundation’s execution and performance of this Agreement and the closing documents will not violate any provision of the Foundation’s operating agreement or any deed of trust, lease, contract, agreement, instrument, order, judgment or decree by which Foundation is bound.
(iv)The Foundation has not engaged a broker with respect to the purchase of the Estate contemplated herein.

7.2 City Representation. The City hereby represents and warrants to the Foundation that the City has not engaged a broker with respect to the purchase of the Estate as contemplated herein.

8.TERM. The Term of this Agreement shall be for a period of twenty-five (25) years from the Effective Date. Upon expiration of the Term or upon prior termination as set for in this Agreement, City shall record a Notice of Termination in the Office of the San Luis Obispo County Recorder.

9.GENERAL PROVISIONS.

9.1 Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) one business day following deposit or delivery with a nationally recognized overnight courier delivery charges prepaid, or (b) three (3) business days following after deposit or delivery shown on the return receipt in the United States mail, postage prepaid, certified or registered, return receipt requested. Notices shall be addressed as provided below for the respective Party; provided that if any Party gives notice in writing of a change of name or address, notices to such Party shall thereafter be given as demanded in that notice:

City:

City Manager
760 Mattie Road
Pismo Beach, CA 93449
With a copy to: City Attorney
Foundation:

Attn: Board of Directors
PO Box 3014
Pismo Beach, CA 93449

9.2 Construction. The Parties agree that each Party and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement Interpretation. In this Agreement the neuter gender includes the feminine Time of the Essence. Time is of the essence of this Agreement.

Warranty Against Payment of Consideration for Agreement. Foundation Attorneys’ Fees. If any Party brings an action to enforce the terms hereof Entire Agreement Waivers and Amendments. This Agreement, together Severability. Each and every provision of this Agreement is, and shall be Council Agenda 9-15-2026 12.B-14
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the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected hereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law.

9.9 Headings. All section headings and subheadings are inserted for convenience only and shall have no effect on the construction or interpretation of this Agreement.

9.10 No Third-Party. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

9.11 Governing Law; Jurisdiction; Service of Process. This Agreement and the rights of the Parties shall be governed by California law. The Parties consent to the exclusive jurisdiction of the California Superior Court for the County of San Luis Obispo. If any legal action is commenced by Foundation against the City, or by City against Foundation, service of process on the City shall be made by personal service upon the City Clerk of the City, or in such other manner as may be provided by law. If any legal action is commenced by City or City against Foundation, service of process on Foundation shall be made by personal service onthe then- president/chairman of the Foundation Board of Directors, or in such other manner as may be provided by law. Foundation agrees, for the benefit of the City, that it shall designate an agent for service of process in the State of California in the manner prescribed by law.

9.12 Assignability. Except as otherwise expressly provided in Section 4.2, Foundation may not assign, transfer or convey its rights and obligations under this Agreement without the prior written consent of the City, which City may withhold in its sole and absolute discretion.

9.13 Survival. The provisions hereof shall not merge into, but rather shall survive, any conveyance hereunder (including, without limitation, the delivery and recordation of the Grant Deed) and the delivery of all consideration.

9.14 Estoppel Certificates. Upon written request of Foundation, City shall within thirty (30) days of the date of such request, execute and deliver to Foundation, a written statement:
certifying, to the best of such City’s knowledge, that (a) this Agreement in full force and effect, if such is the case, and has not been modified or amended, except as shall be stated; and (b) that no default by Foundation exists under this Agreement.

9.15 City Actions. The City hereby authorizes the City Manager to deliver such approvals, consents as are contemplated by this Agreement, waive requirements under this Agreement, and modify this Agreement, on behalf of the City provided that the applicable approval, consent, waiver or modification is minor (i.e., does not change the fundamental business transaction between the Foundation and the City, as determined by the City Manager in his or her reasonable discretion).

9.16 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed as original but all of which together shall constitute one and the same instrument.

IF THE TRANSACTION HEREIN PROVIDED SHALL NOT BE CLOSED BY REASON

OF FOUNDATION'S DEFAULT UNDER THIS AGREEMENT WHICH DEFAULT OR

BREACH IS NOT CURED WITHIN FIVE BUSINESS DAYS AFTER WRITTEN

NOTICE OF SUCH DEFAULT OR BREACH IS RECEIVED BY FOUNDATION FROM

CITY, THEN THE TOTAL DEPOSIT SHALL BE DELIVERED TO CITY AS FULL

COMPENSATION AND LIQUIDATED DAMAGES UNDER THIS AGREEMENT FOR

SUCH FAILURE TO CLOSE, AND NEITHER PARTY SHALL HAVE ANY FURTHER

OBLIGATION OR LIABILITY TO THE OTHER (OTHER THAN THOSE

OBLIGATIONS, INCLUDING THOSE CONTAINED IN THIS SECTION, THAT EXPRESSLY SURVIVE A TERMINATION OF THIS AGREEMENT). IN

CONNECTION WITH THE FOREGOING, THE PARTIES RECOGNIZE THAT CITY

WILL INCUR EXPENSE IN CONNECTION WITH THE TRANSACTION

CONTEMPLATED BY THIS AGREEMENT AND THAT THE PROPERTY WILL BE REMOVED FROM THE MARKET; FURTHER, THAT IT IS EXTREMELY

DIFFICULT AND IMPRACTICABLE TO ASCERTAIN THE EXTENT OF

DETRIMENT TO CITY CAUSED BY THE BREACH BY FOUNDATION UNDER THIS

AGREEMENT AND THE FAILURE OF THE CONSUMMATION OF THE

TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR THE AMOUNT OF

COMPENSATION CITY SHOULD RECEIVE AS A RESULT OF FOUNDATION'S BREACH OR DEFAULT. CITY WAIVES ANY AND ALL OTHER RIGHTS AND

REMEDIES AGAINST FOUNDATION, INCLUDING WITHOUT LIMITATION, SPECIFIC PERFORMANCE. THE PAYMENT AND RETENTION OF SUCH AMOUNT

AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369,

BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO CITY PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. CITY

HEREBY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTIONS 1680 AND 3389. UPON ANY SUCH BREACH OR DEFAULT BY FOUNDATION

HEREUNDER, THIS AGREEMENT SHALL BE TERMINATED AND NEITHER

PARTY SHALL HAVE ANY FURTHER RIGHTS OR OBLIGATIONS HEREUNDER,

EACH TO THE OTHER, EXCEPT FOR THE RIGHT OF CITY TO RETAIN SUCH LIQUIDATED DAMAGES.
____________________ __________________
City’s Initials Foundation Initials
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the day and year first above written.

OPERATOR:

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By: _____________________________
“CITY”:

CITY OF PISMO BEACH
By: _______________________________
Jorge Garcia
Cit Mana er
ATTEST:
__________________________________
By: Erica Inderlied
City Clerk

APPROVED AS TO FORM
By: __________________________
Dean J. Pucci, Cit Attorne
EXHIBIT “A”
LEGAL DESCRIPTION (1243 Ocean Blvd. / APN: 010-302-013 and 010-302-012)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PISMO

BEACH, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

Lots 3, 4, 5, 6, 7, 8 and 9 of Block 1, in the City of Pismo Beach, County of San Luis Obispo, State of California, shown upon that certain map entitled Shell Beach Subdivision No. 2, filed for record in Book 3 of Maps at Page 73, San Luis Obispo County Records, into two (2) parcels of land described as follows:

Parcel 1:

BEGINNING at the most northwest corner of said Lot 3;
THENCE, along the northwesterly line of said Lot 3, South 29°43' West, 62 feet, more or less, to the southwesterly corner of said Lot 3, being a point on the ordinary high water line of the Pacific Ocean;
THENCE, southeasterly and easterly along the southwesterly lines of said Lots 3, 4, 5, 6 and 7, also being said ordinary high water line, to the southeasterly corner of said Lot 7;
THENCE, along the southeasterly line of said Lot 7, North 29°43' East, 95 feet, more or less, to a point in a line that is parallel with and 100 feet southwesterly from the northeasterly line of said Lot 7;
THENCE, along said parallel line, North 60°17' West, 45 feet, to a point In a line that is parallel with and 5 feet southeasterly from the northwesterly line of said Lot 7; THENCE, along last mentioned parallel line and it's northeasterly prolongation, North 29°43' East, 120 feet, to a point in the southwesterly line of Ocean Boulevard as created by the 20 foot abandonment recorded in Book 149, at Page 303, San Luis Obispo County Official Records;
THENCE, along said southwesterly line of Ocean Boulevard, North 60°17' West 77.9 feet;
THENCE, continuing along the southwesterly line of Ocean Boulevard, North 45°17'West, 131.52 feet, to a point on the northeasterly prolongation of said northwesterly line of Lot 3;
Council Agenda 9-15-2026 12.B-16
Attachment 1.A
Packet Page 105

A-2
Exhibit “A”
Legal Description
(continued)
THENCE, along last mentioned prolongation, South 29°43' West, 20.5 feet, more'or less, to the POINT OF BEGINNING.

Parcel 2:

BEGINNING at the northeast corner of said lot 9;
THENCE, along the southeasterly line of said Lot 9, South 29°43' West 161 feet, more or less, to the southeasterly corner of said Lot 9, being a point on the ordinary high water line of the Pacific Ocean;
THENCE, westerly along the southerly lines of said Lots 9 and 8, also being said ordinary high water line, to the southwesterly corner of said Lot 8; THENCE, along the northwesterly line of said Lot 8, North 29°43' East, 95 feet, more or less, to a point in a line that is parallel with and 100 feet southwesterly from the northeasterly line of said Lot 7;
THENCE, along said parallel line, North 50°17' West, 45 feet, to a point in a line that is parallel with and 5 feet southeasterly from the northwesterly line of said Lot 7; THENCE, along last mentioned parallel line and it's northeasterly prolongation, North 29°43' East, 120 feet, to a point in the southwesterly line of Ocean Boulevard as created by the 20 foot abandonment recorded in Book 149, at Page 303, San Luis Obispo County Official Records;
THENCE, along said southwesterly line of Ocean Boulevard, South 60°17' East 145 feet, to a point on the northeasterly prolongation of said southeasterly line of Lot 9; THENCE, along last mentioned prolongation, South 29°43' West, 20 feet, more or less, to the POINT OF BEGINNING
B-1
EXHIBIT “B”

DISTRIBUTION AGREEMENT
Council Agenda 9-15-2026 12.B-17
Attachment 1.A
Packet Page 106

D-1
EXHIBIT “C”

FORM OF GRANT DEED
Recording Requested by and when recorded return to
and mail tax statements to:

Assessor’s Parcel Map No.:

Exempt from Recording Fees Pursuant to
Government Code Section 27383

GRANT DEED
The undersigned grantor(s) declare(s):

Documentary transfer tax is $__________ based on the full value of the property conveyed.

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ___________________________ (“Grantor”) hereby GRANTS to _______________________, a ______________ (“Grantee”) the following described real property (the “Estate”) located in the City of Pismo Beach, County of San Luis Obispo, State of California:

SUBJECT TO, all easements, covenants, conditions, restrictions, and rights of way of record.

1.This grant of the Estate is subject to a Disposition and Operation Agreement entered into by and between Grantor and Grantee dated as of ________, 2026, (the “Agreement”) the terms of which are incorporated herein by reference. A copy of the Agreement is available for public inspection at the offices of the Grantor at 760 Mattie Road., Pismo Beach, CA 93449.

2.The Grantee covenants by and for itself, its representatives, its successors and assigns and every successor in interest to the Estate or any part thereof, that during construction of improvements and thereafter the Grantee shall not use or permit the use of the Estate in violation of the Disposition and Operations Agreement and City, State and Federal regulations.

3.. All covenants contained in this Grant Deed shall run with the land and shall be binding for the benefit of Grantor and its successors and assigns and such covenants shall run in favor of the Grantor and for the entire period during which the covenants shall be in force and effect, without regard to whether the Grantor is or remains an owner of any land adjacent to the Estate or interest in such adjacent land or any other land. The Grantor, in the event of any breach Council Agenda 9-15-2026 12.B-18
Attachment 1.A
Packet Page 107

E-2
State of California
County of
)
)
)
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
Signature of Notary Public
State of California
County of
)
)
)
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
Signature of Notary Public
Council Agenda 9-15-2026 12.B-19
Attachment 1.A
Packet Page 108

RESOLUTION NO. R-2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA DESIGNATING THE CITY-OWNED PROPERTY LOCATED AT 1243 OCEAN BOULEVARD (APNS 010-302-030 AND 010-302-031), KNOWN AS THE

CHAPMAN ESTATE, AS A LOCAL HISTORIC RESOURCE
WHEREAS, the City of Pismo Beach is the fee title owner of that certain real property located at 1243 Ocean Boulevard, more particularly described as Assessor’s Parcel Numbers 010-302-030 and 010-302-031 (the "Property"); and WHEREAS, Chapter 17.063 of the City of Pismo Beach Municipal Code establishes procedures for the designation of structures, sites, and features of historical, architectural, cultural, or archaeological significance to the City’s Inventory of Historic Resources; and WHEREAS, a Historic Resource Evaluation (HRE), dated November 2013, was prepared by Rebecca Loveland Anastasio, a qualified professional meeting the Secretary of the Interior’s Professional Qualification Standards, which concluded that the Property possesses unique local historical and architectural significance related to the garage, lighthouse, main house, windmill, and some landscape improvements including the cypress trees, field stone landscape walls, the seawall, and pool; and WHEREAS, the Property meets Criterion A, C, and D of the California Environmental Quality Act guidelines related to determining a property as historic because this Property reflects an early example of English Tudor Style architecture on the Central Coast in addition to being a rare example of estate living on the Central Coast; and WHEREAS, the designation of an existing City-owned property as a local historic resource is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) and Section 15331 (Historical Resource Restoration/Preservation).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby finds as follows:

SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated into this Resolution as findings of fact.

SECTION 2. Historic Findings. Based upon the administrative record, including the Historic Resource Evaluation, the City Council hereby finds that the Property qualifies for local designation based on the following specific criteria:

1.Historical Significance: The property reflects the local history of Shell Beach, including its early development as a coastal destination and the trend of families from the San Joaquin Valley visiting the Central Coast during the summer months to escape the valley heat.

Council Agenda 9-15-2026 12.B-20
Attachment 2
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2. Architectural Significance: The structure embodies the distinctive characteristics of the English Tudor style of architecture on the Central Coast, in addition to being a rare example of estate living on the Coast. Typically, Shell Beach and Pismo Beach summer homes were small cottages of simple design.

3. Prehistory: the Chapman estate lies within the boundaries of a significant archaeological site, CA-SLO-459.

SECTION 3. Designation. The City Council hereby officially designates the City- owned property located at 1243 Ocean Boulevard (APNs 010-302-030 and 010-302- 031) as a Local Historic Resource. The local historic designation is specific to the following on site improvements:
Garage
Lighthouse
Main House
Guest House
Windmill
Landscape features: the Cypress trees, field stone landscape walls, the seawall, and pool.

SECTION 4. CEQA. The City Council hereby determines that this action is categorically exempt from CEQA under Class 8 (14 CCR § 15308) and Class 31 (14 CCR § 15331), and none of the Categorical Exemption exceptions, noted under Section 15300.2, apply to the project.

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Kirkwood, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Pismo Beach on _______________________.
________________________
Erica Kirkwood, City Clerk
Council Agenda 9-15-2026 12.B-21
Attachment 2
Packet Page 110

Pismo Beach City CouncilSeptember 15, 2026

Pismo Beach City Council
September 15, 2026