Agenda — Pacifica City Council, April 11, 2022 (part 1 of 2)

CITY OF PACIFICA

CITY COUNCIL AGENDA
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Mary Bier
Mayor Pro Tem Tygarjas Bigstyck
Councilmember Mike O'Neill
Councilmember Sue Vaterlaus
Councilmember Sue Beckmeyer
City Council Regular Meeting 1 April 11, 2022
April 11, 2022 (MONDAY)
www.cityofpacifica.org
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Please note that Alternative platforms for participation are subject to underlying technology functionality and may be modified or interrupted at any time without notice. • Written Public Comments:

BEFORE THE MEETING: Written public comments for the record may be submitted in advance by 12:00 p.m. on the meeting date by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda
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Written public comments received by 12:00 p.m. on the meeting date will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting. Written public comments will be posted to the City’s website for review City Council Regular Meeting 2 April 11, 2022
prior to the meeting.

AT THE MEETING: Materials in writing provided at the meeting should provide seven (7) copies to provide for each Councilmember, City Clerk and City staff. 7:00 PM OPEN SESSION
Call to Order
Roll Call
Reading of Land Acknowledgment
The City of Pacifica acknowledges that we occupy the unceded ancestral homeland of the Ramaytush Ohlone peoples, who are the original inhabitants of the San Francisco Peninsula. We honor the Ramaytush Ohlone peoples for their enduring commitment to Mother Earth. As the Indigenous protectors of this land and in accordance with their traditions, the Ramaytush Ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. We affirm their sovereign rights as First Peoples and wish to pay our respects to the ancestors, elders, and relatives of the Ramaytush Ohlone peoples.

Salute to the Flag led by Councilmember O'Neill

SPECIAL PRESENTATIONS
A. Proclamation - John Nibbelin
B. Proclamation - National Volunteer Week - April 17-23, 2022

CONSENT CALENDAR
Persons wishing to address the Council on any Consent Calendar item may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any item listed on the agenda should submit a speaker card to the City Clerk.

Items on the consent calendar will be adopted by one motion unless a Councilmember requests, before the vote on the motion, to have an item discussed. Time limit on comments is three minutes or less.

1. Approval of Disbursements for 2/16/22 through 2/28/22.

PROPOSED ACTION: Move to approve attached lists of disbursements for 2/16/22 through 2/28/22.

2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the City Council Regular Meeting held on March 28, 2022.

3. Continuation of Proclamation of Local Emergency of the Pacifica Coastline from Westline Drive to the End of Beach Boulevard.

PROPOSED ACTION: Accept report and make a determination that conditions of local City Council Regular Meeting 3 April 11, 2022
emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.

4. Continuation of Proclamation of Local Emergency at the Anza Pump Station.

PROPOSED ACTION: Accept Report and Make a Determination that Conditions of Local Emergency Continue to Exist at the Anza Pump Station at the Pacifica State Beach.

5. Continuation of Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”).

PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist regarding Novel (new) Coronavirus ("COVID-19”).

6. Seamless Transit Transformation Act (SB 917)
PROPOSED ACTION: Consider whether to authorize the Mayor to send a letter of support on behalf of the City Council for SB 917, the Seamless Transit Transformation Act, introduced by Senator Becker.

7. Homeowners Relief Act (SB 847)
PROPOSED ACTION: Consider whether to authorize the Mayor to send a letter of support on behalf of the City Council for SB 847, the Homeowners Relief Act, introduced by Senator Hurtado.

8. Reclassify a Vacant Financial Services Manager position to a Deputy Finance Director in the Administrative Services Department and Establish the Job Classification and Salary Schedule for the Position.

PROPOSED ACTION: Adopt a resolution to reclassify the vacant Financial Services Manager position to a Deputy Finance Director classification within the Administrative Services Department and adopt the Deputy Finance Director job classification and salary schedule.

9. Authorization for City Manager to sign a letter to the San Mateo County Aging and Adult services indicating intent to respond to their Request for Proposals (RFPs) for Senior Services programs for 2022-2026.

PROPOSED ACTION: Move to authorize the City Manager to sign a letter to the San Mateo County Aging and Adult Services Department indicating our intent to respond to their Request for Proposals (RFPs) for Senior Services Transportation, Congregate Nutrition and Home Delivered Meals/Supplemental Home Delivered Meals (non-seniors) programs for fiscal periods 2022-2026. Move to authorize City staff to subsequently prepare and submit the proposal to San Mateo County Aging and Adult Services Department and authorize the City Manger to sign associate contractual agreements and amendments.

10. Project Study Report-Project Development Support (PSR-PDS) and the Project Approval and Environmental Document (PA&ED) for the Highway 1 / Manor Drive Overcrossing Improvement Project.

PROPOSED ACTION: Move to approve a Master Agreement for Consultant Services City Council Regular Meeting 4 April 11, 2022
and Task Order No. 1 with AECOM of San Jose, California (Attachment 1) in an amount not to exceed $2,797,892.00 for the preparation of a Project Study Report-Project Development Support (PSR-PDS) and the Project Approval and Environmental Document (PA&ED) for the Highway 1 / Manor Drive Overcrossing Improvement Project; authorize budget authority in the amount of $2,937,892.00, which includes a 5% contingency amount of $140,000; and authorize the City Manager to execute all project related documents.

11. FY 2021-22 Pacifica Beach Parking Lots Seal Coat Project PROPOSED ACTION: Approve the following actions for the FY 2021-22 Pacifica Beach Parking Lots Seal Coat Project:

A. Authorize the City Manager to award and execute a Construction Services Agreement with DRYCO Construction Inc. (Attachment 1) in an amount not to exceed $174,245.90 and authorize a budget authority for construction in the amount of $200,000, which includes contingencies in an amount not to exceed twelve percent (12%) of the Construction Services Agreement amount; and
B. Authorize staff to execute future Change Orders not to exceed the contingency amounts.

12. Pacifica Pier Repairs – Coastal Conservancy Required Resolution PROPOSED ACTION: Adopt Resolution approving the application of specified State of California grant funds in the amount of $260,000 for the Pacifica Municipal Pier Repair.

13. Introduction of an Ordinance Amending Section 4-7.1901, “Removal or towing of vehicles” of Article 19 within Chapter 7, “Traffic” of Title 4 of the Pacifica Municipal Code Related to the Removal of Vehicles Illegally Parked on City Streets in Spaces Designated for Preferential Parking (Status: CEQA Exempt) PROPOSED ACTION: Move to Introduce by Title Only and Waive further reading of “An Ordinance of the City Council of the City of Pacifica Amending Section 4-7.1901, “Removal or towing of vehicles” of Article 19 within Chapter 7, “Traffic” of Title 4 of the Pacifica Municipal Code Related to the Removal of Vehicles Illegally Parked on City Streets in Spaces Designated for Preferential Parking and finding the ordinance exempt under the California Environmental Quality Act.

14. Adoption of an Ordinance to approve Rezoning RZ-201-18 and Development Plan DP79-18 to rezone from the R-1/B-4/HPD zoning district to the P-D/HPD zoning district and to authorize a single-family residential use, filed by Matthew and Margaret Murphy, at the eastern terminus of Talbot Avenue (APN 016-270-110) in Pacifica (File No. 2018- 057). Recommended California Environmental Quality Act (CEQA) status: Class 3 Categorical Exemption, CEQA Guidelines Section 15303.

PROPOSED ACTION: Move to adopt an Ordinance entitled “An Ordinance of the City Council of the City of Pacifica approving Rezoning RZ-201-18 and Development Plan DP-79-18 to establish a Planned Development (P-D) zoning district with development plan at TBD Talbot Avenue (APN 016-270-110).”

ORAL COMMUNICATIONS
This portion of the Agenda is available for the public to address the City Council on any issue that is not on the Agenda. Any person wishing to address the Council shall be recognized by the Mayor during Oral Communications, provided, however, that during City Council Regular Meeting 5 April 11, 2022
the Oral Communications portion of the agenda, only items not on the agenda for that meeting may be addressed. All remarks shall be addressed to the Council as a body and not to any member thereof. Councilmembers shall not enter into debate with speakers under Oral Communications. A maximum time of three minutes will be allowed for any speaker. Pursuant to Pacifica Municipal Code Title 2, Chapter 1, Section 2-1.118 any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the Council shall be called to order by the presiding officer and, if such conduct continues, may, at the direction of the presiding officer, be ordered barred from further audience before the Council during the meeting.

COUNCIL COMMUNICATIONS
The purpose of Council Communications is for Councilmembers to inform each other of items of potential interest to other Councilmembers, such as interagency meetings.

STAFF COMMUNICATIONS
The purpose of Staff Communications is for the City Manager to offer announcements as appropriate.

PUBLIC HEARINGS - NONE.

CONSIDERATION

15. Introduction of an Ordinance Adding Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code PROPOSED ACTION: Move to Waive the First Reading of and Introduce by Title an Ordinance of the City Council of the City Of Pacifica Adding Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code, Approving the Pacifica Police Department Military Equipment Policy; and finding the introduction of the Ordinance exempt under the California Environmental Quality Act (CEQA).

16. City Council Goals and Priorities for FY2022-23
PROPOSED ACTION: Adopt City Council Goals and Priorities for FY2022-23.

17. Fiscal Year 2022-23 Budget Planning Process, Timeline, Long-Term Financial Forecast, and Narrative Budget Report
PROPOSED ACTION: Accept the report, consider and discuss budget strategies recommended by the City Manager and provide feedback and additional policy direction for the preparation of the FY 2022-23 Budget.

ADJOURN
NOTICE: If you challenge a city's zoning, planning or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any city administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for litigation, in certain cases 30 days following the date of the final decision City Council Regular Meeting 6 April 11, 2022
The City of Pacifica will provide assistance for disabled citizens upon at least 24 hours advance notice to the City Manager’s Office (650) 738-7301, or send request via email to:
[email protected] if you need sign language assistance or written material printed in a larger font or taped, advance notice is necessary. All meeting rooms are accessible to the disabled.

The Pacifica Municipal Code is available on line at the City’s website (www.cityofpacifica.org/municode);

HOW TO OBTAIN CITY COUNCIL AGENDAS
Posted agendas:

Agendas are posted no later than Friday prior to the City Council meeting date, at the entrance to the City Hall location at the Pacifica Community Center, 540 Crespi Drive.

View on the Internet:

Follow the link to Council agenda, at www.cityofpacifica.org E-mail subscription:

Send a request to Sarah Coffey, at [email protected] City Clerk’s Office/City Manager’s Office
City Hall, 540 Crespi Drive
Council meetings:

Agendas are available at the City Council meeting

HOW TO REACH YOUR GOVERNMENT OFFICIALS
• Governor Gavin Newsom, State Capitol Building, Sacramento CA 95814 (916) 445-2841 • State Senator Josh Becker, 1528 So. El Camino Real, Suite 303, San Mateo CA 94402 (650) 212-3313
• Assembly Member Kevin Mullin, 1528 South El Camino Real, Suite 302 San Mateo, CA 94402 (650) 349-2200
• Congresswoman Jackie Speier, 155 Bovet Road, Suite 780, San Mateo CA 94402 (650) 342-0300
• Senator Alex Padilla, B03 Russell Senate Office Building, Washington DC 20510 (202) 224-3553
• Senator Dianne Feinstein, #1 Post Street, Suite 2450, San Francisco CA 94104 (415) 393-0707
• President Joseph R. Biden, 1600 Pennsylvania Ave. NW, Washington DC 20500

CITY COUNCIL
• Mayor Mary Bier, [email protected]
• Mayor pro Tem Tygarjas Bigstyck, tbigstyck@ pacifica.gov • Councilmember Mike O’Neill, mo’[email protected]
• Councilmember Sue Vaterlaus, [email protected]
• Councilmember Sue Beckmeyer, [email protected]

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/11/2022
1 SUBJECT:

Approval of Disbursements for 2/16/22 through 2/28/22.

RECOMMENDED ACTION:

Move to approve attached lists of disbursements for 2/16/22 through 2/28/22.

STAFF CONTACT:

Yulia Carter, Chief Financial Sustainability Officer
(650) 738-7402
[email protected]
BACKGROUND/DISCUSSION:

Staff has submitted the following disbursements for Council approval:
• Disbursements dated 2/16/22 through 2/28/22 in the amount of $584,560.92 as written on regular checks numbered 59179-59337 & 59405 (Attachment 1). These disbursements are for Fiscal Year 2021-2022.

FISCAL IMPACT:

These disbursements are within budgeted appropriations.

ORIGINATED BY:

Finance Department
ATTACHMENT LIST:

FY 2021-2022 Disbursements 59179-59337 & 59405 -2-16 to 2-28-22 (PDF) 1 Packet Pg. 7
Report: CHECKREG Generated: 18DEC20 13:17 Run: TUESDAY MAR1522 15:17 Page: 1

REPORT PARAMETERS
---------------------------
ORGANIZATION : 001
BANK : 1
PRINT BY : CHECK #
SORT OPTION : CHECK #
PRINT DETAILS : N
ORG NAME FOR EXTRACT FILE : PACIFICA
Report: CHECKREG Generated: 18DEC20 13:17 Run: TUESDAY MAR1522 15:17 Page: 2

CITY OF PACIFICA

CHECK REGISTER
CHECK RANGE: 59179 - 59337
CHECK
BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME TYPE STATUS ------------------------------------------------------------------------------------------------------------------------------------ 1 59179 $6227.40 02/22/22 03531 0 PRECISE MAILING S OUTSTANDING 1 59180 $3316.46 02/18/22 00009 8 AT&T S OUTSTANDING
1 59181 $870.93 02/18/22 00092 0 AD BRAKES S OUTSTANDING 1 59182 $110.74 02/18/22 00094 0 ADAM-HILL COMPANY, THE S OUTSTANDING 1 59183 $1154.07 02/18/22 00045 2 ALBERTSONS / SAFEWAY S OUTSTANDING 1 59184 $304.17 02/18/22 00138 0 ALL INDUSTRIAL ELECTRIC SUPPLY, INC. S OUTSTANDING 1 59185 $1234.22 02/18/22 04980 1 AMAZON.COM SALES, INC. S OUTSTANDING 1 59186 $523.89 02/18/22 00219 0 ASSOCIATED HEATING OF S.F.,INC S OUTSTANDING 1 59187 $4524.42 02/18/22 04276 2 BAY CITY ELECTRIC WORKS S OUTSTANDING 1 59188 $2103.74 02/18/22 00335 0 BLUE RIBBON SUPPLY COMPANY S OUTSTANDING 1 59189 $481.09 02/18/22 00343 0 BOLANDER & SONS, L. PH. S OUTSTANDING 1 59190 $862.80 02/18/22 00365 0 BROADMOOR LANDSCAPE SUPPLY S OUTSTANDING 1 59191 $412.69 02/18/22 00381 0 C.H. BULL COMPANY S OUTSTANDING 1 59192 $160.00 02/18/22 00014 5 CALIFORNIA STATE OF S OUTSTANDING 1 59193 $132.00 02/18/22 01690 0 CALTEST ANALYTICAL LAB S OUTSTANDING 1 59194 $1384.63 02/18/22 00510 1 CINTAS S OUTSTANDING
1 59195 $2373.02 02/18/22 00510 0 CINTAS CORPORATION #464 S OUTSTANDING 1 59196 $1701.74 02/18/22 03246 0 COAST COUNTIES PETERBILT & COAST COUNTIES PAC S OUTSTANDING 1 59197 $55.00 02/18/22 05082 0 COASTSIDE NEWS GROUP, INC. S OUTSTANDING 1 59198 $32.62 02/18/22 02168 1 COMCAST S OUTSTANDING
1 59199 $9846.93 02/18/22 04789 0 COMPUMERIC ENGINEERING INC S OUTSTANDING 1 59200 $114.92 02/18/22 04677 0 CORODATA RECORDS MANAGEMENT INC S OUTSTANDING 1 59201 $1210.00 02/18/22 00611 2 CSG CONSULTANTS, INC. S OUTSTANDING 1 59202 $3166.33 02/18/22 00025 0 DALY CITY/CITY OF S OUTSTANDING 1 59203 $2700.00 02/18/22 05141 1 DAVEY RESOURCE GROUP, INC. S OUTSTANDING 1 59204 $1219.87 02/18/22 04397 2 DENTONI WELDING WORKS, INC.-SAN LEANDRO S OUTSTANDING 1 59205 $1000.00 02/18/22 05455 0 DILLON PATEL S OUTSTANDING 1 59206 $3000.00 02/18/22 02201 0 DISCOUNT PLUMBING, INC. S OUTSTANDING 1 59207 $419.16 02/18/22 02477 0 FASTENAL COMPANY S OUTSTANDING 1 59208 $41.00 02/18/22 03047 0 FASTRAK VIOLATION PROCESSING DEPARTMENT S OUTSTANDING 1 59209 $7146.17 02/18/22 02767 0 FLYERS ENERGY, LLC S OUTSTANDING 1 59210 $1000.00 02/18/22 05456 0 FRANK ERBACHER S OUTSTANDING 1 59211 $1000.00 02/18/22 05457 0 FRANK GALLETTI S OUTSTANDING 1 59212 $139.08 02/18/22 00872 0 GRAINGER S OUTSTANDING 1 59213 $33050.00 02/18/22 02602 0 H & R PLUMBING AND DRAIN CLEANING S OUTSTANDING 1 59214 $1114.79 02/18/22 00892 0 HACH COMPANY S OUTSTANDING 1 59215 $4234.65 02/18/22 04083 1 INTERNATIONAL DIOXCIDE, INC. S OUTSTANDING 1 59216 $2231.25 02/18/22 00990 0 INTERSTATE TRAFFIC CONTROL PRODUCTS S OUTSTANDING 1 59217 $2000.00 02/18/22 05454 0 JOANNA W. BARRETT S OUTSTANDING 1 59218 $189.45 02/18/22 01027 0 K 119 OF CALIFORNIA S OUTSTANDING 1 59219 $1065.00 02/18/22 05333 0 KASEYA US LLC S OUTSTANDING 1 59220 $1000.00 02/18/22 05458 0 KEN ENGELHARD S OUTSTANDING 1 59221 $269.00 02/18/22 03700 0 KIMBALL MIDWEST S OUTSTANDING 1 59222 $1000.00 02/18/22 05459 0 MARIA GALLETTI S OUTSTANDING 1 59223 $902.37 02/18/22 01142 0 MC MASTER-CARR SUPPLY COMPANY S OUTSTANDING 1 59224 $165.52 02/18/22 01183 0 MUNICIPAL MAINTENANCE EQUIPMENT, INC. S OUTSTANDING 1 59225 $20415.87 02/18/22 01206 0 NORTH COAST COUNTY WATER DIST. S OUTSTANDING 1 59226 $262.38 02/18/22 01217 0 OFFICE DEPOT S OUTSTANDING 1 59227 $108.24 02/18/22 02027 0 OLIVER PACKAGING AND EQUIPMENT COMPANY S OUTSTANDING 1 59228 $395.00 02/18/22 00001 314 PANOFSKY, PETER S OUTSTANDING 1 59229 $1287.09 02/18/22 01297 0 PARS S OUTSTANDING
Report: CHECKREG Generated: 18DEC20 13:17 Run: TUESDAY MAR1522 15:17 Page: 3

CITY OF PACIFICA

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http://pac-gems/fms/BISystem/ReadROCFile.asp?sWC=C&iIdx=&FileName=D:\GemsEn... 3/15/2022

1.a
Packet Pg. 8
Attachment: FY 2021-2022 Disbursements 59179-59337 & 59405 -2-16 to 2-28-22 (4927 : Disbursements - Dated 2/16/22 through 2/28/22) 1 59235 $8066.94 02/18/22 04211 0 SAN MATEO COUNTY RESOURCE CONSERVATION DIST. S OUTSTANDING 1 59236 $367.62 02/18/22 01423 0 SAN MATEO LAWN MOWER SHOP S OUTSTANDING 1 59237 $3926.61 02/18/22 01450 0 SEAVIEW TIRE & BRAKE CENTER S OUTSTANDING 1 59238 $218.22 02/18/22 02182 0 SERVICE PRESS, INC. S OUTSTANDING 1 59239 $337.89 02/18/22 00001 223 SHEEDY, MATTHEW S OUTSTANDING 1 59240 $1000.00 02/18/22 05460 0 SHIRLY THOMPSON S OUTSTANDING 1 59241 $177.15 02/18/22 01498 0 SMART & FINAL S OUTSTANDING 1 59242 $1000.00 02/18/22 05461 0 STEVE BIGLER S OUTSTANDING 1 59243 $391.00 02/18/22 01029 2 THE PERMANENTE MEDICAL GROUP INC. S OUTSTANDING 1 59244 $180.00 02/18/22 01077 0 TREE MANAGEMENT EXPERTS S OUTSTANDING 1 59245 $770.17 02/18/22 04418 1 U.S. BANK EQUIPMENT FINANCING, INC. S OUTSTANDING 1 59246 $2803.00 02/18/22 02527 0 UNIVERSAL BUILDING SERVICES S OUTSTANDING 1 59247 $262.18 02/18/22 01812 3 US BANK EQUIPMENT FINANCE S OUTSTANDING 1 59248 $3283.31 02/18/22 03835 0 US FOODS, INC S OUTSTANDING 1 59249 $99.00 02/18/22 05163 1 WEX HEALTH, INC. S OUTSTANDING 1 59250 $242.76 02/18/22 00814 1 CALIFORNIA STATE DISBURSEMENT UNIT S OUTSTANDING 1 59251 $34.43 02/18/22 00814 1 CALIFORNIA STATE DISBURSEMENT UNIT S OUTSTANDING 1 59252 $240.00 02/18/22 00814 1 CALIFORNIA STATE DISBURSEMENT UNIT S OUTSTANDING 1 59253 $50.00 02/18/22 00814 0 FRANCHISE TAX BOARD S OUTSTANDING 1 59254 $350.00 02/18/22 00814 0 FRANCHISE TAX BOARD S OUTSTANDING 1 59255 $100.00 02/18/22 00814 0 FRANCHISE TAX BOARD S OUTSTANDING 1 59256 $4.00 02/18/22 01764 3 NATIONAL D.R.I.V.E S OUTSTANDING 1 59257 $246.00 02/18/22 01767 0 NPFBA S OUTSTANDING
1 59258 $923.92 02/18/22 01758 1 PACIFICA FIREFIGHTERS UNION S OUTSTANDING 1 59259 $439.00 02/18/22 01758 0 PACIFICA FIREFIGHTERS-LTD S OUTSTANDING 1 59260 $800.00 02/18/22 01759 0 PACIFICA POLICE OFFICERS ASSOCIATION S OUTSTANDING 1 59261 $200.00 02/18/22 01760 0 PACIFICA POLICE OFFICERS SAVINGS S OUTSTANDING 1 59262 $420.00 02/18/22 01769 0 PACIFICA POLICE SUPERVISORS ASSOCIATION S OUTSTANDING 1 59263 $9069.09 02/18/22 03349 0 PREFERRED BENEFIT INSURANCE ADMINISTRATORS S OUTSTANDING 1 59264 $1401.16 02/18/22 01758 5 SMC FIREFIGHTERS IAFF Local 2400 S OUTSTANDING 1 59265 $2665.50 02/18/22 01764 0 TEAMSTERS LOCAL #856 S OUTSTANDING 1 59266 $3121.40 02/18/22 00009 8 AT&T S OUTSTANDING
1 59267 $3365.00 02/18/22 04479 0 55 BACKFLOW TESTING AND SERVICE S OUTSTANDING 1 59268 $25.80 02/18/22 00136 0 ALHAMBRA S OUTSTANDING
1 59269 $490.41 02/18/22 04980 1 AMAZON.COM SALES, INC. S OUTSTANDING 1 59270 $205.74 02/18/22 00009 0 AT&T S OUTSTANDING
1 59271 $7.50 02/18/22 04666 0 B & D DONOR RECOGNITION S OUTSTANDING 1 59272 $3368.02 02/18/22 03634 0 BAY POWER LLC GENERATOR SYSTEM DESIGN AND SER S OUTSTANDING 1 59273 $200.00 02/18/22 02118 0 BOOTZIN/ALEX S OUTSTANDING 1 59274 $211697.51 02/18/22 02502 0 BURKE WILLIAMS AND SORENSEN LLP S OUTSTANDING 1 59275 02/18/22 02502 0 BURKE WILLIAMS AND SORENSEN LLP UNISSUED 1 59276 $5040.00 02/18/22 03814 1 CAPPSTONE, INC. S OUTSTANDING 1 59277 $28.61 02/18/22 00483 0 CDW GOVERNMENT, INC. S OUTSTANDING 1 59278 $6075.60 02/18/22 00507 0 CHILDCARE CAREERS S OUTSTANDING 1 59279 $917.11 02/18/22 00510 0 CINTAS CORPORATION #464 S OUTSTANDING 1 59280 $137.72 02/18/22 03246 0 COAST COUNTIES PETERBILT & COAST COUNTIES PAC S OUTSTANDING Report: CHECKREG Generated: 18DEC20 13:17 Run: TUESDAY MAR1522 15:17 Page: 4

CITY OF PACIFICA

CHECK REGISTER
CHECK RANGE: 59179 - 59337
CHECK
BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME TYPE STATUS ------------------------------------------------------------------------------------------------------------------------------------ 1 59281 $55.00 02/18/22 05082 0 COASTSIDE NEWS GROUP, INC. S OUTSTANDING 1 59282 $1452.00 02/18/22 05082 1 COLUMN, PBC S OUTSTANDING 1 59283 $301.72 02/18/22 02168 1 COMCAST S OUTSTANDING
1 59284 $169.02 02/18/22 02168 2 COMCAST S OUTSTANDING
1 59285 $2339.13 02/18/22 04354 0 DOOLEY ENTERPRISES, INC. S OUTSTANDING 1 59286 $1200.00 02/18/22 04321 0 DUBOCE JANITORIAL SERVICES S OUTSTANDING 1 59287 $288.00 02/18/22 00001 358 ENCARNACION, HOWELL S OUTSTANDING 1 59288 $1780.75 02/18/22 03458 0 EOA INC S OUTSTANDING 1 59289 $77.00 02/18/22 00758 0 EXPERIAN S OUTSTANDING
1 59290 $4087.13 02/18/22 02767 0 FLYERS ENERGY, LLC S OUTSTANDING 1 59291 $2711.75 02/18/22 04369 0 GHD INC. S OUTSTANDING 1 59292 $1400.00 02/18/22 00865 0 GOMEZ IRON WORKS S OUTSTANDING 1 59293 $588.58 02/18/22 00872 0 GRAINGER S OUTSTANDING 1 59294 $2464.12 02/18/22 00875 0 GRANITE ROCK COMPANY #26577 S OUTSTANDING 1 59295 $110.00 02/18/22 00924 0 HILL SCOTT S OUTSTANDING 1 59296 $758.67 02/18/22 04999 2 IMAGE SOURCE S OUTSTANDING 1 59297 $301.35 02/18/22 03700 0 KIMBALL MIDWEST S OUTSTANDING 1 59298 $339.06 02/18/22 01070 0 LAURETTA PRINTING COMPANY S OUTSTANDING 1 59299 $13543.00 02/18/22 00032 0 LEAGUE OF CALIFORNIA CITIES S OUTSTANDING 1 59300 $325.18 02/18/22 00033 0 LEXIS NEXIS S OUTSTANDING 1 59301 $220.50 02/18/22 01124 0 MARATHON DISTRIBUTORS, INC. S OUTSTANDING 1 59302 $1325.40 02/18/22 01142 0 MC MASTER-CARR SUPPLY COMPANY S OUTSTANDING 1 59303 $248.75 02/18/22 05462 1 MCA DIRECT S OUTSTANDING 1 59304 $2161.58 02/18/22 04549 0 NAF SERVICES, INC. S OUTSTANDING 1 59305 $8515.00 02/18/22 03656 0 NORTH AMERICAN FENCE & RAILING S OUTSTANDING 1 59306 $180.00 02/18/22 03391 0 NORTH STATE ENVIRONMENTAL S OUTSTANDING 1 59307 $142.66 02/18/22 01217 0 OFFICE DEPOT S OUTSTANDING 1 59308 $5000.00 02/18/22 03683 2 PACIFIC BEACH COALITION S OUTSTANDING 1 59309 $240.00 02/18/22 01263 0 PACIFICA SPORTS CLUB S OUTSTANDING 1 59310 $438.80 02/18/22 00054 2 PAPE MACHINERY S OUTSTANDING 1 59311 $1111.77 02/18/22 01289 0 PENINSULA UNIFORMS & EQUIPMENT, INC S OUTSTANDING 1 59312 $479.68 02/18/22 01336 0 QUILL CORPORATION S OUTSTANDING 1 59313 $5612.50 02/18/22 03281 0 REGIONAL GOVERNMENT SERVICES S OUTSTANDING 1 59314 $6382.05 02/18/22 03306 1 ROBERT HALF MANAGEMENT RESOURCES S OUTSTANDING 1 59315 $800.00 02/18/22 01389 0 RUIZ JIM S OUTSTANDING 1 59316 $2831.50 02/18/22 00022 8 SAN MATEO COUNTY CONTROLLER S OUTSTANDING 1 59317 $164.51 02/18/22 00022 9 SAN MATEO COUNTY INFORMATION SERVICES S OUTSTANDING 1 59318 $240.72 02/18/22 02182 0 SERVICE PRESS, INC. S OUTSTANDING 1 59319 $1203.48 02/18/22 05465 0 SIGILLO SUPPLY, INC. S OUTSTANDING

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Attachment: FY 2021-2022 Disbursements 59179-59337 & 59405 -2-16 to 2-28-22 (4927 : Disbursements - Dated 2/16/22 through 2/28/22) 1 59320 $1579.14 02/18/22 01587 0 TELECOMMUNICATIONS ENGINEERING ASSOCIATES S OUTSTANDING 1 59321 $41.40 02/18/22 04874 0 THE DIRECTV GROUP, INC. S OUTSTANDING 1 59322 $9012.53 02/18/22 04299 0 THE GOODYEAR TIRE & RUBBER COMPANY S OUTSTANDING 1 59323 $1000.00 02/18/22 05464 0 TIM REGALADO S OUTSTANDING 1 59324 $693.63 02/18/22 01636 0 TURBO DATA SYSTEMS, INC. S OUTSTANDING 1 59325 $902.34 02/18/22 04576 1 UNIVAR SOLUTIONS USA INC S OUTSTANDING 1 59326 $402.63 02/18/22 01812 3 US BANK EQUIPMENT FINANCE S OUTSTANDING 1 59327 $2033.84 02/18/22 03835 0 US FOODS, INC S OUTSTANDING 1 59328 $978.64 02/18/22 01684 0 VERIZON WIRELESS S OUTSTANDING 1 59329 $2200.00 02/18/22 01182 0 WILLDAN FINANCIAL SERVICES S OUTSTANDING 1 59330 $5935.50 02/18/22 01722 0 WILSEY & HAM S OUTSTANDING 1 59331 $1414.13 02/18/22 01751 0 ZUMAR INDUSTRIES, INC. S OUTSTANDING Report: CHECKREG Generated: 18DEC20 13:17 Run: TUESDAY MAR1522 15:17 Page: 5

CITY OF PACIFICA

FUND TOTALS
-----------

FUND FUND NAME ISSUED TOTAL VOIDED/REISSUED TOTAL
------ ------------------------------ --------------- ---------------------- 001 GENERAL FUND 342,344.68 0.00
005 TRUST AND AGENCY FUND 9,854.43 0.00
007 S.L.E.S. FUND 6,696.40 0.00
010 GAS TAX MAINTENANCE FUND 4,273.06 0.00
012 HIGHWAY 1 IMPROVEMENT FUND 6,011.52 0.00
016 NPDES STORMWATER FUND 7,109.46 0.00
018 SEWER CHARGE FUND 86,588.94 0.00
022 GENERAL CAPITAL IMPROVEMENT 3,346.17 0.00
026 PARK IN-LIEU - CAP IMPROVMNT 2,200.00 0.00
030 EXCESS ERAF FUND 5,000.00 0.00
034 SEWER FACILITY CONSTRUCT. FUND 10,738.23 0.00
035 BEACH PARKING FUND 2,871.58 0.00
038 DISASTER ACCOUNTING FUND 36,059.62 0.00
065 SELF-FUNDED DENTAL PLAN FUND 9,069.09 0.00
071 MOTOR POOL OPERATIONS FUND 29,573.66 0.00
================ ================
TOTAL - 561,736.84 0.00
Report: CHECKREG Generated: 18DEC20 13:17 Run: TUESDAY MAR1522 15:17 Page: 7

CITY OF PACIFICA

CHECK REGISTER
CHECK RANGE: 59405 - 59405
CHECK
BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME TYPE STATUS ------------------------------------------------------------------------------------------------------------------------------------ 1 59405 $22824.08 02/28/22 04608 0 TRI COUNTIES BANK S OUTSTANDING TOTAL # OF ISSUED CHECKS: 1 TOTAL AMOUNT: 22,824.08
TOTAL # OF WIRES: 0 TOTAL AMOUNT: 0.00
TOTAL # OF VOIDED/REISSUED/UNCLAIMED CHECKS: 0 TOTAL AMOUNT: 0.00 TOTAL # OF ACH CHECKS: 0 TOTAL AMOUNT: 0.00
TOTAL # OF UNISSUED CHECKS: 0
Report: CHECKREG Generated: 18DEC20 13:17 Run: TUESDAY MAR1522 15:17 Page: 8

FUND TOTALS
-----------

FUND FUND NAME ISSUED TOTAL VOIDED/REISSUED TOTAL

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Attachment: FY 2021-2022 Disbursements 59179-59337 & 59405 -2-16 to 2-28-22 (4927 : Disbursements - Dated 2/16/22 through 2/28/22) ------ ------------------------------ --------------- ---------------------- 001 GENERAL FUND 15,918.37 0.00
016 NPDES STORMWATER FUND 379.99 0.00
018 SEWER CHARGE FUND 5,320.72 0.00
022 GENERAL CAPITAL IMPROVEMENT 1,155.00 0.00
034 SEWER FACILITY CONSTRUCT. FUND 50.00 0.00
================ ================
TOTAL - 22,824.08 0.00

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TOTAL AMOUNT OF CHECKS= $561,736.84 + $22,824.08 = $584,560.92

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Attachment: FY 2021-2022 Disbursements 59179-59337 & 59405 -2-16 to 2-28-22 (4927 : Disbursements - Dated 2/16/22 through 2/28/22)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/11/2022
1 SUBJECT:

Approval of Minutes
RECOMMENDED ACTION:

Move to approve the minutes of the City Council Regular Meeting held on March 28, 2022.

STAFF CONTACT:

Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:

Move to approve the minutes of the City Council Regular Meeting held on March 28, 2022 (Attachment A).

FISCAL IMPACT:

None.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Minutes of March 28, 2022 Regular City Council Meeting (PDF) 2 Packet Pg. 12

CITY OF PACIFICA

CITY COUNCIL MINUTES
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Mary Bier
Mayor Pro Tem Tygarjas Bigstyck
Councilmember Mike O'Neill
Councilmember Sue Vaterlaus
Councilmember Sue Beckmeyer
City Council Regular Meeting 1 March 28, 2022
March 28, 2022 (MONDAY)
www.cityofpacifica.org
Mayor Mary Bier called the meeting to order on March 28, 2022 at 7:01 PM 7:00 PM OPEN SESSION
Call to Order
Mayor Bier called the meeting to order at 7:01 p.m.

Attendee Name Title Status Arrived
Mary Bier Mayor Present
Tygarjas Bigstyck Mayor Pro Tem Present
Mike O'Neill Councilmember Present
Sue Vaterlaus Councilmember Present
Sue Beckmeyer Councilmember Present
City Clerk Coffey took a roll call.

Staff Present: Kevin Woodhouse, City Manager; Michelle Kenyon, City Attorney; Tina Wehrmeister, Asst. City Manager/Planning Director; Lisa Petersen, PW Director; Yulia Carter, Chief Finan. Sustainability Officer; Christian Murdock, Dep. Planning Director; Christopher Clements, Police Capt.; Sean Kavanaugh, Dep. Fire Chief; Sam Bautista, PW Dep. Director; Nelson Schlater, Sr. Engineer; Michael Perez, PB&R Director; Anthony Schriver, Acting Rec.

Asst. Supvr.; Tommy Yu, IT Manager; Josh Montemayor, Management Analyst; Sarah Coffey, City Clerk.

Reading of Land Acknowledgment
Mayor Bier read the Land Acknowledgment.

Salute to the Flag led by Mayor pro Tem Bigstyck

SPECIAL PRESENTATIONS
A. Proclamation - National Poetry Month - April 2022

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Attachment: Attachment A: Minutes of March 28, 2022 Regular City Council Meeting (4947 : Approval of Minutes) City Council Regular Meeting 2 March 28, 2022
Mayor Bier mentioned this year’s San Mateo County Poet Laureate, Aileen Cassinetto, was present, then read the proclamation acknowledging National Poetry Month in April 2022.

Aileen Cassinetto stated it was an honor to be present in this beautiful and historic city where there are poets, artists and lovers of nature and peace, mentioning that poetry is a great community builder to understand the world. She stated that, on behalf of poets of Pacifica, she was honored to accept Pacifica’s National Poetry Month proclamation and share a poem that was commissioned by San Mateo County Health to honor all first responders and families of loved ones lost to Covid-19. She then read the poem, "Take Heart." Then Council took a photo with her.

CONSENT CALENDAR
Mayor Bier asked if any Councilmember wanted to pull any item off the consent calendar, and seeing no one, opened up for public comments. She didn’t see anyone and asked Mgmt. Analyst Montemayor if there were all call-ins for comment.

Mgmt. Analyst Montemayor stated that there were none.

Mayor Bier closed public comments.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Councilmember
SECONDER: Tygarjas Bigstyck, Mayor Pro Tem
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer

1. Approval of Disbursements for 2/01/22 through 2/15/22.

PROPOSED ACTION: Move to approve attached lists of disbursements for 2/01/22 through 2/15/22.

2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the City Council Meeting held on March 14, 2022.

3. FY 2022-23 Pavement Resurfacing Project
PROPOSED ACTION: Approve the following actions for the FY 2022-23 Pavement Resurfacing Project:

A. Authorize the City Manager to award and execute a Construction Services Agreement with DRYCO Construction Inc. (Attachment "A") in an amount not to exceed $1,084,188.10 and authorize a budget authority for construction in the amount of $1,246,816.10, which includes contingencies in an amount not to exceed fifteen percent (15%) of the Construction Services Agreement amount; and B. Authorize the City Manager to award and execute a Master Services Agreement and Task Order No. 1 with Ghirardelli Associates, Inc. (Attachment "B") to provide Construction Management Services in the amount not exceed of $116,684.00 and authorize a budget authority for construction management in an amount not to exceed $128,352.00, which includes contingencies in the amount not to exceed ten percent (10%) of Task Order No. 1; and
C. Authorize staff to execute future Change Orders not to exceed the contingency amounts.

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Attachment: Attachment A: Minutes of March 28, 2022 Regular City Council Meeting (4947 : Approval of Minutes) City Council Regular Meeting 3 March 28, 2022

4. Adoption of an Ordinance of the City Council of the City of Pacifica Amending Title 2, Chapter 9, “District Elections” to Repeal and Replace Section 2-9.02 “City Council Districts Established” of the City of Pacifica Municipal Code to Adopt City Council District Boundaries Based on 2020 Census Data
PROPOSED ACTION: Move to Adopt the “Ordinance of the City Council of the City of Pacifica Amending Title 2, Chapter 9, “District Elections” by Repealing and Replacing Section 2-9.02, “City Council Districts Established” of the City of Pacifica Municipal Code to Adopt City Council District Boundaries Based on 2020 Census Data; and finding ordinance exempt under the California Environmental Quality Act (“CEQA”).

ORAL COMMUNICATIONS
Clif Lawrence, Pacifica, stated he wanted to make a correction to his comments at the Study Session on Saturday, specifically, regarding HPD’s expiry status, and stated that the Growth Control Ordinance has a termination date of June 30th of this year and hopes it is addressed on the calendar of work.

Therese Dyer, Pacifica, had comments regarding several issues; i.e., against any increases to sewer tax, questions on city’s budget, art work process, cost of consultants for seven years, the ADA representative and legal process for hiring Tina Wehrmeister’s replacement.

Christine Boles, Pacifica, stated she was in agreement with Clif Lawrence, and added her concerns regarding the Growth Control Ordinance and request for public discussion on that subject, availability of General Plan draft and lack of fire maps, issues of projects in high landslide/hazard areas, and stated that April is Earth Month and she and her husband will be organizing tours of their all-electric, net-zero house that won the water wise design contest in April and May.

Mgmt. Analyst Montemayor stated there were no call-ins.

Mayor Bier saw no further speakers in person and closed Oral Communications.

COUNCIL COMMUNICATIONS
Councilmember Vaterlaus attended the Flood / Sea Level Rise meeting where they discussed a project in Burlingame and Millbrae being started by the state and finished by the cities. A local government forum to talk about state issues, mainly on redistricting. She mentioned a Special Council meeting to interview applicants for commissions/committees. She attended a business social at Longboard Margarita and Green Enchilada brought dinner. She thanked Vicki from Pacifica Locals for putting that together with 30 local business people present. She stated that the Goal Setting Sessions over the weekend was a great event, and she thanked all those who attended the in person meetings, which she enjoyed.

Councilmember O’Neill stated that he attended the Council applicant interviews and the Goal Setting Session, He attended county LAFCO meeting and the BID (Business Improvement District) meeting for the hotels to talk with them. He attended the congestion management meeting and they are having a grant coming out in June or July and they are thinking of tying it to the housing production, and cities that meet a higher percentage of their RHNA numbers will get more points to get grants. He referred to a slide he will be forwarding to the City Manager about grants for storm water and flood controls that may be coming out, mentioning possibly 110 points

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Attachment: Attachment A: Minutes of March 28, 2022 Regular City Council Meeting (4947 : Approval of Minutes) City Council Regular Meeting 4 March 28, 2022
and will get bonus points for housing production. He stated that for the high school district’s May 1st is the date for teachers to move into the housing project and they passed a bond. He stated that he has been working on starting van pools to minimize the traffic to and from the schools, mentioning that they were not originally eligible for the bond as the criteria is lowering greenhouse gas emissions. He was soliciting his board of Commute.org regarding some projects needing to be looked at through a different lens as teacher housing are not going to be far away to reduce a lot of greenhouse gas but will reduce cars. He then mentioned the Jefferson Elementary School District building a half mile away from the other housing project for Jefferson Union High School District and Pacifica is hoping to turn the first shovel this year and Half Moon Bay has just signed a contract to see where they can put employee housing. He stated that Crestmoor was recently sold in San Bruno and there will be a teacher housing contingent there. He stated that the one going at Jefferson High School District may have a shot at being the model for the 26 school districts in San Mateo County. He stated that the airplanes have changed their routes slightly, adding that the City Manager may be able to update them. He mentioned that Fog Fest is back.

Councilmember Beckmeyer attended the Resource Management and Climate Protection Committee meeting which was informative, such as details about laundry to landscape project with more details when funded and it will be a program to reroute your washing machine water to underground garden, mentioning a member in the community who plans tours in April who might doing something already, and she will keep them updated. She attended the Coastal Cities group meeting, stating that the League of California Cities has an attorney to work with that group with upcoming sticky issues within the Coastal Act, and they met and had a beneficial meeting. She mentioned an issue going on at Fort Bragg, north of her zone, then mentioned the Skunk Train which is a railroad but under federal railway laws, it does not have to their projects reviewed by the Coastal Commission. She stated that Fort Bragg is trying to develop a visitors’ serving economy and the parcel of land they have plans for is off the table because the skunk train acquired it, she will update them with any interesting evolution. She attended the Pacifica Democrats meeting which had Assemblymember Marc Berman present, and he spoke about a bill from last year on a source called S.O.R.E. (small off road engines) which is replacing gas powered small powered machines in landscaping, etc., with electric ones. She stated that there was a $30 million allocation set aside that California Air Resources Board is developing a rebate program for those operators to be able to replace their equipment with new equipment as it is challenging to have enough batteries to carry them through the day such as with fossil fuels carry them through the day and there is a lot to be worked out and won’t take effect until January 2024, but they will keep an eye on the grant program as there may be some local businesses that would like to apply. She attended the committee/commission applicant interviews and Council’s Goal Setting on Friday afternoon and all day Saturday the past weekend. She had the opportunity to participate in an art class in Sharp Park at 731 Designs Art Gallery the day after it rained which was so wonderful.

Mayor Bier stated that she was part of the Mayors Mental Health Initiative and reported that they are collaborating with mayors across the county to bring resources into our communities to address mental health and they will be having Mental Health First Aid training in May which is Mental Health Awareness Month, and the county has offered to pay for that as well as the trainers and encouraged the public to join them. She attended the Open Space meeting and she thanked them for coming to the Goal Setting. She attended the Pacifica Hot Rodz monthly meet up, which was fun. She attended the committee/commission interviews. She was on the C/CAG Bike and Pedestrian Committee and they approved a project for Pacifica for Palmetto and Esplanade bike and pedestrian improvements and Assoc. Civil Engr. Marquez put the project together and the city was awarded $335,160 to do all that work, adding that the residents in Manor and along Esplanade will be happy to know that. She attended the Pacifica Coastside Museum’s history of

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Attachment: Attachment A: Minutes of March 28, 2022 Regular City Council Meeting (4947 : Approval of Minutes) City Council Regular Meeting 5 March 28, 2022
the Pacifica Tribune. She stated that there was a panel discussion with Horace Hinshaw and Clay Lambert, the current editor of the Tribune. She stated that it was wonderful and brought her back to her childhood experiences, and pointed out that the museum at the Little Brown Church, had boxes of old copies of the Tribune from the beginning to the present that you can go and look at them. She thanked the Pacifica Historical Society for making sure we don’t forget our history.

She attended the Goal Setting Study sessions, stating that it was a beautiful experience, and on Friday they did retreat style team building and facilitator who came in and it carried over to Saturday morning then discussed their goal priorities in the afternoon. She stated that they had the opportunity to dig deep and share their feelings over the past few years and how they deal with it. She stated she would hand it over to City Manager Woodhouse for Staff Communications.

Mayor pro Tem Bigstyck referred to what is going on overseas with some heartbreak there and he is with them to the extent that he can. He attended the Emergency Preparedness meeting and they were reminded by one of the commissioners that the chipping program will be returning where you can bring flammable growing material around their house to the outside of the house when a chipper comes through and chips it for them. He stated that they came off of tsunami preparedness week, mentioning that our zone haven system has been recently updated so that, not only is it a great way to know how to get away in case of fire danger, but also to alert you if there is a tsunami. He stated to visit Zone Haven and be prepared for the worst case scenario.

He referred to the San Mateo County Alerts (SMCAlerts), stating it is easy to sign up for those as it was great to have information such as if a mountain lion has been sighted in your neighborhood, etc. He then stated that it was exciting that Fog Fest will be back in September, and the committee members were excited about hosting a booth. He stated that the Emergency Preparedness meeting will be on April 20. At the Pacifica Democrats meeting, he enjoyed the presence of our future Assemblyman Marc Berman who was the least pretentious human beings he never met, he was enthusiastic about his job and he looked forward to working with him. He attended the Peninsula Clean Energy meeting and they added what is known as the second imperial geothermal company project, which adds about 5.5% of the energy needs towards the 19 megawatts they are trying to establish to be 24/7 clean and that project will start in the beginning of the next year coming out of Imperial County. It was a $275 million allocation over 15 years and a zero emission project. They discussed the local government solar and storage program, approving it on the Board level and discussed that in Council in relation to a solar project for the Community Center and staff was bringing all of those projects together to the board so they could sign off on it and the next step is to get the rates involved for the project so the project can come back to Council to give the final okay on it and then install it, with the next PCE meeting in April.

He was on the call for the OneShoreline meeting with Councilmember Vaterlaus, stating he was struck by the Millbrae - Burlingame shoreline protection project being the largest sea level rise project in the state, aside from Highway 37. He was impressed watching them begin to get the plans prepared for what will be protecting them on the bayside. He stated that Lucky’s nearly averted a strike, and he would have more information. Safeway has a new negotiator and the union tells him that negotiations are looking hopeful. He stated that there have been murmurs that Safeway and our community might be authorizing a strike vote soon, but they may not. He enjoyed the Goal Setting session with councilmembers and staff on Friday and Saturday. He stated that there was no sound bite he can offer to tell them how healing it was to spend time doing development work with his co-councilmembers and reestablishing the fullness of what he thinks their strength is, i.e., how much respect and admiration they have for each other. He stated that they did soul work, which is apparently unusual for cities. On Saturday they brought staff in to remind them how much love, admiration and respect they have for city staff, they then went on to assign the one thing they are adding on to the mound of work staff has. He felt it was a healing exercise and they also got to hear from the community to factor that into their approach to various community concerns. He stated that they were sad to see asst. City Manager/Planning Director

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Attachment: Attachment A: Minutes of March 28, 2022 Regular City Council Meeting (4947 : Approval of Minutes) City Council Regular Meeting 6 March 28, 2022
Wehrmeister leaving, mentioning the extraordinary work she has done over at least seven years with the city and thanked her for her efforts in bringing our community to a place that, before she came, they didn’t think was necessarily possible.

Mayor Bier stated that they were told that Sidney Lorvan passed away who was a former mayor in 1977-78 and they lived in Vallemar. She stated that our hearts are with his family and she will be adjourning the meeting in his honor.

STAFF COMMUNICATIONS
City Manager Woodhouse wanted to begin by thanking Council for all their hard work during the annual goal setting process, as well as the community that provided comments. He stated that the first half of the goal setting development process is priceless and was very productive. He stated that half about setting priorities is extremely valuable, productive and instructive which kicks off the budget development process for the next fiscal year. He stated that they will be processing the information coming out of goal setting, bring it to Council in April for adoption of the Council’s goals. He thought it was likely going to be April 11, but it could be on April 25. They will kick off the budget process with their narrative budget and budget strategies and information about preexisting baseline budgets which guides them towards adoption by the end of the year and planning for the next fiscal year. He stated that it was a lot of work with preparation, thought, sharing, etc. He stated that Asst. City Manager Wehrmeister is leaving the city for the private sector. She also serves as the Planning Director and they are in the midst of some significant planning endeavors, and Dep. Planning Director Murdock will be Acting Planning Director during this time. He stated that they are extending an existing contract with the Good City with a specific commitment from the owner and principal Aaron Aknin, from the Good City to come in as sort of a third set of eyes and resource to focus on the General Plan update and the Specific Plan in process. He stated that Asst. City Manager/Planning Director Wehrmeister was going to be turning the bulk of her attention to that process and now they are going to bring this third party expertise. The Good City is a company that has extreme expertise in General Plans and Specific Plans, and they will try to fill the big gap that Ms. Wehrmeister will be leaving and have the Good City assist during this transition period. Then he is assessing the necessary steps for recruitment and filling that gap in the future, and he will make announcements about that in the future as they determine those. He announced, in the introduction to the Connect with Pacifica newsletter, about additional small business grant opportunities that have been announced. He stated that, health wise, they may be coming out of Covid depending on new variants, but at goal setting on Saturday, he was trying to be optimistic about that. He stated that the organizations would like to see that there is not going be a new variant, but the economy is not, and grant opportunities are still being created to assist businesses. He stated that this particular round of grants through the SMC Strong Program through the county is really focused on micro food business grants and microbusinesses which are small net earner businesses. He encouraged everyone to go to the SMC Strong county website to look at what the qualifications for those grants are, and to all the members of the public, let their favorite small businesses in Pacifica know about these grant opportunities that exist. He stated that the deadlines are April 10 and 11 for those two grant programs.

Councilmember O’Neill stated he wanted to mention the April 11 deadline. He stated that the qualifications are, if they have less than five employees and revenue less than $50,000 in 2019, and for more than $1,000 in one of those years, as you suffered a decline. He stated that nonprofits are also eligible to apply. He spoke to the overseer for this and they have 305 grants available, and they only had 100 applications about a week ago. She thought only half of those would even qualify, and he wanted to pass that information on. He also wanted to put a plug in

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Attachment: Attachment A: Minutes of March 28, 2022 Regular City Council Meeting (4947 : Approval of Minutes) City Council Regular Meeting 7 March 28, 2022
for local restaurants, as the City Manager said they were hurting, and he was told over the weekend that there are two restaurants that are really hurting and they have both been in business in Pacifica for over 30 years. He encouraged patronizing the local small guy because, if your kids are on a sports team, how many donations have they gotten from McDonald’s or Panda Express as they get donations from their local pizza store, etc., and they are part of the quilt we call Pacifica. He didn’t want to name the two actual businesses but encouraged everyone to go to the small businesses that are really hurting. He stated that 70% of the money you spend at a small business is recycled back into Pacifica but if you spend it at Safeway or McDonald’s, it is only 30%.

Mayor Bier asked the City Attorney if they can move an item up, stating that there are a lot of young people in the audience who have been sitting quietly for 50 minutes which she thinks is amazing. She has never done this before.

City Attorney Kenyon stated that they just need a motion and a second and Council can vote on whether or not to move one item into another position.

Councilmember O’Neill moved to move Item #7 up next on the agenda; seconded by Councilmember Vaterlaus.

Vote: 5-0 (move Item #7 to next on the agenda)

PUBLIC HEARINGS

5. Adoption of a Resolution to approve General Plan Amendment GPA-100-21 to change the General Plan land use designation from Low Density Residential to Very Low Density Residential, and introduction of an Ordinance to approve Rezoning RZ-201-18 and Development Plan DP-79-18 to rezone from the R-1/B-4/HPD zoning district to the PD/HPD zoning district and to authorize a single-family residential use, filed by Matthew and Margaret Murphy, at the eastern terminus of Talbot Avenue (APN 016-270-110) in Pacifica (File No. 2018-057). Recommended California Environmental Quality Act (CEQA) status: Class 3 Categorical Exemption, CEQA Guidelines Section 15303. The Planning Commission recommended approval of the Resolution and Ordinance, and approved Specific Plan SP-169-18, Variance PV-526-18, and Parking Exception PE-191- 21 for construction of a 2,406-square foot (sf) single-family residence with a two-car garage on the 24,149-sf undeveloped parcel, by a vote of 7-0 on January 18, 2022.

PROPOSED ACTION: Move to adopt a Resolution to approve General Plan Amendment GPA-100-21 and to introduce, waive the first reading, and read by title only, an Ordinance entitled “An Ordinance of the City Council of the City of Pacifica approving Rezoning RZ-201-18 and Development Plan DP-79-18 to establish a Planned Development (P-D) zoning district with development plan at TBD Talbot Avenue (APN 016-270-110).”
Councilmember Vaterlaus stated that she needs to recuse herself because she manages a property that comes right up to Talbot.

Dep. Planning Director Murdock presented the staff report.

Mayor pro Tem Bigstyck stated that they usually have a liaison from the Planning Commission when they hear these things, and he asked what Dep. Planning Director Murdock can tell him.

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Dep. Planning Director Murdock reminded Council that this item was scheduled for the March 14 Council meeting and the liaison was able to commit to attending, but unfortunately with the continuance, the liaison was unavailable.

Mayor pro Tem Bigstyck stated that he watched both Planning Commission meeting and he spoke with him earlier and he feels that, even though he got satisfaction, he had a question regarding the planned development district, and he asked if he could give them a slightly mechanical look on how it looks that they have to change the zoning to a planned development district and is it only for that house or the adjacent lots as well. While not being an expert, it struck him as a lot of acrobatics to do a planned development district, or is it the name alone that sets him down that path and he asked for more in depth information.

Dep. Planning Director Murdock stated that there are two sets of procedures and requirements at play here, one is the base provisions of the PD zoning district and the other is the Hillside Preservation District (HPD) overlay. He stated that the base planned development or PD zoning regulations require a minimum site area of five acres or more in order to rezone to PD. His opinion on that is that the advantage of the Planned Development and deviations from standard zoning requirements are best effectuated with a site that is large enough to cluster and shift development in a concentrated area while preserving open space and hillside, etc. He stated that the HPD overlay provision actually has a specific carveout for sites that are within the HPD overlay and they are exempted from the five acre minimum site area and the requirement to rezone to PD can take place and is required by the HPD zoning standards, thus that five acre minimum size is not applicable. It is applicable to any project size, large or small, in the HPD overlay that they are required to rezone to the PD zoning district.

Mayor Bier referred to his mention of a public access to a foot path that is not possible to have, and she asked if he could explain that.

Dep. Planning Director Murdock referenced the slide and explained that there was an existing path that has been used for years and is a continuation of Talbot Avenue, going up a very deep slope with somewhat unstable conditions in some places, going all the way up to Sharp Park Road, roughly midway between the entrance to the Milagra Ridge Park and to the Grace McCarthy overlook. He stated that the minor portion of that path is on this project site, and the majority portion of it is on land that is part of the federal government owned GGNRA, and to whatever extent the city could obtain an easement, it wouldn’t necessarily be a full continuation until that was agreed with GGNRA. He stated that, specific to the project site, there is no nexus for this particular project to be required to provide a public trail easement and staff didn’t provide the Planning Commission that such an opportunity existed which they understood and it was put to rest at the Planning Commission. He stated that the property owner has mentioned previously, if liabilities could be worked out, he would be open to that at some point in the future, but it is not part of the project.

Councilmember Beckmeyer stated that she couldn’t find anything in the packet about fencing, and asked if he can indicate where, if any, fencing is in the plan put forward to the Planning Commission.

Dep. Planning Director Murdock stated that the site plan indicates no fencing around the perimeter of the project site and they focused their development activity on the southern portion they talked about with construction of the driveway, single family residence and some of the drainage features.

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Councilmember Beckmeyer asked, with the zoning being proposed, what the fence limitations be that is attached to that.

Dep. Planning Director Murdock stated that the zoning provisions applicable to fencing in single family residential areas are generally permissive with the only limitations on height. He stated that it is generally within the first 15 feet, heights are typically limited to between 3 and 4 feet, depending on the fence type and elsewhere on the property limited to six feet, such as a scenario where a 6-foot fence varied under the zoning could be constructed around the entirety of the property line, baring the first 15 feet from the property line within the front setback.

Mayor pro Tem Bigstyck referred to one her questions and thought he might be inspired by an email they received with concerns about animals being able to roam freely in that area. He stated that the idea was brought up that, as they are legislating the matter, they could limit the amount of fencing that could be presented on the property if they chose to, and if that is correct, what are their options.

Dep. Planning Director Murdock stated he was correct, explaining that one action being asked of Council is to introduce and ultimately adopt an ordinance setting the specific zoning for this property, in the PD, which is called the development plan. He stated that the provisions in it have a number of zoning related provisions in terms of setbacks, height, maximum coverage, etc. He stated that, within that bundle of zoning characteristics that can be regulated in that ordinance with the Development Plan, fencing can fit in there if Council wants to add it. He stated that it wasn’t something that they frequently are specific about in a development plan but this is a unique site with important interface with Milagra Ridge and open spaces beyond and if Council wants to, they can add specific provisions for fencing, a restriction on the fencing type, height, where it can be placed, such as in proximity to approved structures, so they don’t get the perimeter fencing effect, concluding that there are a number of options depending on Council’s desire and staff can help them explore how to write it into the Development Plan if desired.

Mayor pro Tem Bigstyck stated that, when they get to deliberations, he favors going over those options.

Mayor Bier opened the public hearing.

Dep. Planning Director Murdock asked the City Attorney if there was an opportunity for the applicant to make their presentation in relation to their petition for these zoning changes.

City Attorney Kenyon stated that this is not an appeal and they will be able to speak at the same opportunity as any other member of the public.

Robert Boles, Pacifica, stated that he visited Canyon Drive which is down the slope from the project site, and described the visuals and the past history of landslides which was not presented to the Planning Commission, and asked that the geotechnical report properly analyzes the site and sends report to Council before the project is approved due to future concerns.

Clif Lawrence, Pacifica, referenced concerns of a resident from Canyon Drive at a previous meeting, and then voiced his thoughts on the effect on homeowners below this project and liability and policy issues.

Paul Giordano, Pacifica, stated he is a contractor and builder including some projects in Pacifica,

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and expressed his thoughts on this project and advocated support of this project adding to available housing.

Terrence Kero, Pacifica, stated his house was the first one built at the end of Talbot in 1990, and he supported this development, and mentioned a history of requested variances and positive aspects of this project.

Curt Keist, Pacifica, stated he was in support of this project and he represents the majority of the neighbors on upper Talbot, also mentioning the long-term process for this modest project.

Debbie Keist, Pacifica, stated she agreed with everything Mr. Keist said, and she felt the applicant needed to hear all the residents showing their delight in this project as an emotional YIMBY and supported less restrictions, including fencing.

Brendan Murphy, Pacifica, stated that, as the applicant, he wants this approved as they look forward to being a part of a great supportive community and they have worked diligently with Planning.

Javier Chavarria, Pacifica, stated that his firm designed the house, the property is unique, and described some specifics of limitations on what they can do and mentioned their positive processes regarding soil instability, etc. He stated that it is a good project and they have mitigated all the areas of concern.

Annette O’Neill, Pacifica, stated she was related to the applicant and wanted to correct a statement made at an earlier meeting by a speaker complaining about the possibility of water invading to his property. She lives at 570 Talbot and she and the applicant visited the speaker over the weekend and had a very productive conversation and he was satisfied.

Teresa Sulcer, Pacifica, stated she was an advocate for creating housing in this crisis, and felt this was another family supporting the community, school system, etc., and we need to support that.

Brian O’Flynn, Pacifica, expressed his pleasure to be present in support of the applicant’s family whom he has known for decades and knows they are quality people who do quality work, adding that he is an architect and builder and attests to the quality of the work.

Farlan Dowell, Pacifica, expressed his thoughts on why he was in favor of the project.

Mayor Bier asked if there were any call-ins.

Mgmt. Analyst Montemayor introduced the speakers.

Remi Tan, Pacifica, stated he is an architect and commented on the positive aspects of the project and felt it was important to approve the project, commenting on specific requirements needed to ensure things are done properly and safely.

Summer Lee, Pacifica, understood that no one wants to stop this home from being built, but she was asking them to consider allowing an HPD variance and expressed her specific thoughts on that issue.

Mayor Bier closed the public hearing.

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Dep. Planning Director Murdock wanted to address some comments about the project’s geotechnical review. He stated that, procedurally, the permits for the project are not at issue for Council, and those findings related to public health and safety for the permits and they were thoroughly vetted by Planning Commission and the permits are final, pending Council’s action on the legislative items. He stated that the Planning Commission also thoroughly considered geotechnical safety issues that they felt were relevant and important to the project. He referred to the question about updates to the geotechnical report, and in his experience, those updates are relatively common and they can’t predict when a project will move forward through the city’s process and are done at a point in time, in 2018 when the project was submitted to the city, and it reflected the key purposes of a preliminary geotechnical report which was prepared by a qualified geotechnical engineer and identified major hazards that could affect the project, insure that there are engineering interventions to allow it to be constructed safely. He stated that they concluded that the project could meet applicable geotechnical safety standards and be constructed safely.

Mayor pro Tem Bigstyck stated that his only concern is that, should the applicant decide to move and someone else move in, that new owner not be allowed to create a very tall fence around the entirety of the perimeter of the lot. He mentioned a commenter referring to a gentleman who came to the last meeting to speak and he had also sent Council an email about his concerns and he noticed he is not at this meeting, and he stated that, when he spoke to Dep. Planning Director Murdock earlier, it sounded that he had also spoken to him and he asked if he could report to them on that conversation.

Dep. Planning Director Murdock stated that the date following the March 14 Council meeting, he met with Mr. King at the Planning Department and printed him information that showed the drainage design for the project to demonstrate how no water would be drained towards Moana Way, and he also explained the city’s stormwater system and referred him to the Engineering division If he had further questions of the design of stormwater collection and disposal system beyond the project which is the applicant’s responsibility to design. He also confirmed his and the city’s understanding of the project stormwater design with the project engineer and verified with city’s PW staff that the stormwater design for the project would discharge to the north side of Talbot and the crown that exists within the cul-de-sac and the street would drain all the water to the north side of that area and not towards Moana Way.

Mayor pro Tem Bigstyck stated that they are asked to update the zoning to a planned development district and it falls into their purview to address the fence question, he will defer to his fellow councilmembers as to how far they want to take that. He stated that, after watching two Planning Commission meetings and watching this project being thoroughly vetted and hearing that the applicant has spent the last four years doing everything they can to make this the best project for all parties involved, he thought they can. He referred to the hearing about the development on Pedro Point and it wasn’t as friendly from the neighbors and this is very rare to hear that many people in thoroughly supporting this project. Since he rarely hears that support in Pacifica, he is substantially in favor of making the proper changes to the designations and voting this through.

Councilmember Beckmeyer stated that at the start of the meeting she had questions about fencing and she appreciated Acting Planning Director Murdock’s answers and she didn’t think fencing was a concern for her and she supports the project.

Councilmember O’Neill also supports the project, sees no need for fencing, and was happy to

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hear that the foundations were going to be piered instead of a standard foundation. He has no problem amending all the appropriate rules they have to allow the building of this project.

Mayor Bier stated that she knew they talked about fire issues and fire code requirements, and asked if Dep. Planning Director Murdock can update her on that, acknowledging that there is a sprinkler system in the house.

Dep. Planning Director Murdock stated that there will be if the house is approved and constructed.

He stated that there were two areas where the Planning Commission touched on regarding fire related standards, one related to the wildland urban interface as it is at the end of an existing subdivision and has an interface with open space areas and steep slopes and the city flagged that early and considered, particularly the building official and fire marshal consulted on the city’s review of the project and concluded, based on relevant standards and building code, that it would not be required to apply the wild land urban interface construction standards and weren’t concerned about a heightened threat of wild land urban interface fire risks from this project, and the Planning Commission briefly discussed that. The second issue that he thought had more discussion was related to some of the applicable site planning codes, such as distance to a fire hydrant, hose pull from the fire engine where it can get closest to the structure and how long it is from that point to around the proposed structure. He stated that the baseline standard is 150 feet and it was discussed at their meeting. He stated that the project had a typo in the plans and the post pole is greater than 150 feet, something like 160 or so feet. That is the standard, but there are exceptions in the fire code upon approval of the fire code official to allow a greater distance when it is a single family residence or the structure will have a fire sprinkler system, this has both of those. He stated that the fire code official, Dep. Fire Chief Sean Kavanaugh, considered this issue and explained at the Planning Commission meeting that he had no concerns related to that post pole distance for this project.

Mayor Bier appreciated the level of communication from those who are concerned about this development, but also appreciated all those who came to support it, and she agreed with Mayor pro Tem Bigstyck that it is unusual and says a lot about what their neighborhood desires. She stated that, most of the time, when they are looking at a development, the desires are for them not to build, and they do listen to people in the neighborhoods. She was ready to vote.

Councilmember O’Neill moved to adopt a Resolution to approve General Plan Amendment GPA100-21 and to introduce, waive the first reading and read by title only, an Ordinance entitled “An Ordinance of the City Council of the City of Pacifica approving Rezoning RZ-201-18 and Development Plan DP-79-18 to establish a Planned Development (PD) zoning district with development plan at TBD Talbot Avenue (APN 016-270-110; seconded by Mayor pro Tem Bigstyck.

Mayor Bier welcomed Councilmember Vaterlaus back to the dais.

Councilmember O’Neill thanked the applicant for their patience in working through the plans and their interaction with all the neighbors.

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Attachment: Attachment A: Minutes of March 28, 2022 Regular City Council Meeting (4947 : Approval of Minutes) City Council Regular Meeting 13 March 28, 2022
RESULT: ADOPTED [4 TO 0]
MOVER: Mike O'Neill, Councilmember
SECONDER: Tygarjas Bigstyck, Mayor Pro Tem
AYES: Bier, Bigstyck, O'Neill, Beckmeyer
RECUSED: Vaterlaus

CONSIDERATION

6. Discussion Regarding Updates to the Park Development Impact Fee PROPOSED ACTION: Receive Report Regarding Park Development Facilities Impact Fee and the Quimby Act Parkland Dedication Requirements and In Lieu Fees within the City of Pacifica and Provide Direction to Staff Regarding Potential Fee Reductions for Affordable Housing Units and Accessory Dwelling Units (ADU).

PW Dep. Director Bautista stated that Carlos Villareal of Willdan will be assisting in the presentation and Asst. City Manager/Planning Director Wehrmeister will be assisting in answering questions and then began the staff report.

Councilmember O’Neill asked if they can ask questions during the presentation or wait until after they complete the report.

PW Dep. Director Bautista requested that he wait until they finish the report and continued the staff report, then turned the presentation over to Carlos Villareal.

PW Dep. Director Bautista continued the staff report.

Carlos Villareal, with Willdan, continued the staff report.

PW Dep. Director Bautista continued the staff report.

Mr. Villareal continued the staff report.

PW Dep. Director Bautista completed the staff report.

Councilmember O’Neill referred to mention of subdivisions, and he asked the state’s definition of a subdivision and if Linda Mar is considered a subdivision, i.e., is it existing or only new subdivisions.

Mr. Villareal thought that might be a better question for the planners, but he understood that the Quimby Act is a portion of the subdivision map act and whenever a land subdivision occurs, properties within that subdivision would fall under the Quimby Act, but again he thought a planner might give a better definition.

Asst. City Manager/Planning Director Wehrmeister stated that, typically, the Quimby Act fees are paid at the time of the actual subdivision, i.e., when a property is subdivided with the map. She agreed that Linda Mar is a subdivision or various tracts of Linda Mar are a subdivision, but new homes or additions built within those would not be considered needing to pay the Quimby Act fee and just the impact fee.

Councilmember O’Neill asked clarification that a Linda Mar rancher that is now 3-bedroom, one

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bathroom and adds a second story with two more bedrooms will not be paying the impact fees.

Mr. Villareal stated that they would be paying the additional impact fee per bedroom.

Councilmember O’Neill understood, and just wanted to clarify that. He then referred to SB9 and SB10 fees and asked if there were any restrictions in regard to these fees, park in lieu fees, etc., as he didn’t know what this one means. He asked if the 830 right to build law has any impact on Quimby fees.

City Attorney Kenyon stated that she was not aware that it has, as she didn’t know anything in that legislation that deals with the ability to impose impact fees. She stated that legislation is aimed towards encouraging approval of housing units and not related to the fees or the costs associated with those approvals.

Councilmember O’Neill understood she would know, but he thought fees are one of the things that could be onerous if someone wants to build something.

City Attorney Kenyon agreed, adding that the legislation that they get from legislators is usually not all encompassing. She stated the legislation is not one only attempt but an attempt to address housing construction and building and was not an attempt to fix all of the issues associated with the lack of housing.

Councilmember O’Neill appreciated that, and then stated that, regarding SB9 and 10, he thought bedrooms are total per unit, and if a person is building an apartment building with two bedrooms in each unit, it is four units with eight bedrooms.

Mr. Villareal stated that you would pay the two-bedroom fee for two separate units.

Councilmember O’Neill concluded that each unit would have its own separate fee.

Mr. Villareal responded affirmatively.

Councilmember O’Neill referred to mention of proportional impact for units greater than 750 feet, and he asked for an explanation of how that would be assessed.

Mr. Villareal explained that the state will mandate how ADUs need to be charged, and anything less than 750 square feet is not charged a fee, and for anything greater than 750 square feet, you take the square footage of the ADU and you compare it to the square footage of the primary unit.

If the ADU is 800 square feet and the primary unit on the lot was 1600 square feet, then the fee would be 50% of what the fee for the primary unit would have been. He stated that it is calculated on a case-by-case basis via the individual square footages of the particular property.

Councilmember O’Neill asked if the first 750 feet was free or included in the fee.

Mr. Villareal stated that they are not a fee, but just a proportion of the total ADU square footage compared to the primary unit and, in that example, it would not be 50 square feet relative to 1600 square feet, but the 800 square feet relative to the 1600 square feet.

Councilmember O’Neill referred to a slide that stated $1,350,000 for building or improvements in the park land.

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Mr. Villareal agreed.

Councilmember O’Neill asked what $1,350,000 an acre buys you. He stated that the park land cost’s purchase is $1.5 million and the improvement is another $1.3 million, he asked if it is lawn or playground equipment, exercise equipment.

Mr. Villareal stated that is the standard to improve a park acre and is based on data then got from some of the neighbors which includes thinks like site preparation, grading, landscaping, curb, gutter, trails, playground equipment, basic park structures but not things like recreation centers or aquatic centers, just typical amenities found at typical parks.

Councilmember O’Neill thought it was almost like a pocket park, such as on Arguello.

Mr. Villareal agreed.

Councilmember Vaterlaus referred to Councilmember O’Neill asking about SB9, but she didn’t hear what the answer is as that is an actual subdivision of two lots, and now you have a vacant lot that wasn’t a vacant lot previously.

Asst. City Manager/Planning Director Wehrmeister stated that her understanding of SB9 is that it does not prohibit a local agency from charging their local fees as adopted by Council and she thought that may have been how they justify that this not an unfunded mandate as they can still charge their fees.

Councilmember O’Neill concluded that, if less than 750 square feet, they are prohibited from charging.

Asst. City Manager/Planning Director Wehrmeister stated that was only for an ADU which is different than an SB9 unit.

Councilmember Vaterlaus concluded that it was a big difference and you would have to consider what you are doing ahead and whether you wanted to just put in an ADU or do the SB9 and split it.

Councilmember O’Neill asked what the maximum size they are allowed for an ADU.

Asst. City Manager/Planning Director Wehrmeister stated that she would have to look it up.

City Attorney Kenyon thought it was important to remember that the ADU legislature action is unrelated to SB9, SB330 and out of all the legislation they have talked about at this time, the ADU legislation is the only legislation that really impacts what they can charge in terms of fees. She stated that the other land use construction type legislative action, SB9, SB330, do not impact a local agency’s ability to charge fees or costs.

Asst. City Manager/Planning Director Wehrmeister stated that a detached ADU is 1200 square feet.

Mayor Bier opened public comments.

There were no public comments.

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Mayor Bier closed public comment.

Councilmember O’Neill asked if they can summarize exactly what they are going to talk about at this meeting, which he thought is mostly in regard to the fees charged to affordable housing.

City Attorney Kenyon added that ADUs as well, and how they want to handle ADU over 750 square feet.

Asst. City Manager/Planning Director Wehrmeister thought the intent was that there are many different questions that came out of the last session and they wanted to answer those questions and they needed more direction from Council on the affordable housing question of ADUs in order to bring back a complete ordinance for Council’s consideration.

Councilmember O’Neill asked if Council was open to waving the Quimby fees for affordable housing.

Mayor Bier stated that she was.

Mayor pro Tem Bigstyck agreed as well.

Councilmember O’Neil stated that he is for that as well.

Councilmember Vaterlaus stated deeded affordable housing.

Councilmember Beckmeyer asked if that was for some period of time or forever.

Councilmember O’Neill stated that deed restricted can go for 10, 20, 30 years.

Asst. City Manager/Planning Director Wehrmeister stated that one suggestion that she had, if they are drafting the ordinance to bring to Council, is to reference their inclusionary housing ordinance provision which does require deed restriction for 55 years on an affordable level.

Councilmember O’Neill stated he would like to keep things consistent.

Mayor pro Tem Bigstyck recalled that moderate is 80% of median and low is 60% and very low is 30%, and asked if he is on the mark or needs help on basic facts.

Asst. City Manager/Planning Director Wehrmeister clarified that ADU is low and moderate is up to 120 and then very low would probably be at 60.

Mayor pro Tem Bigstyck asked if 60 was as low as they go on that.

Asst. City Manager/Planning Director Wehrmeister thought there is even lower.

Mayor Bier stated very low, extremely low.

Mayor pro Tem Bigstyck stated extremely low.

Asst. City Manager/Planning Director Wehrmeister stated that extremely low is 30.

Mayor pro Tem Bigstyck stated what confuses him is very and extremely mean the same thing to

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him, but he appreciated the nuance. He would prefer to focus on very low and extremely low, as moderate doesn’t impress him. If low is 80%, he didn’t know if they need to make any adjustments for low but, with very low and extremely low, he was happy to toss out the fees altogether for extremely low and for very low he was thinking to chop it in half, which he felt is an initial proposal.

He stated 80% as low is not low for him.

Councilmember O’Neill thought an issue would need to deal with that. He stated that during the study session, the school district’s project came up and they committed to the ball fields going to stay there. He stated that, as that land will stay a soccer field, in addition, the financing has changed. He confirmed with someone that it was 70 units, but because of the financing, they will have to have some market rate units that will subsidize the lower cost for the teachers as a lot of them are AMI, especially first year teachers.

Mayor pro Tem Bigstyck asked if he was talking about very low.

Councilmember O’Neill agreed, but he asked, if they have 100% affordable housing, whether they will qualify for that Quimby discount. He didn’t know if the school district wants to deed the rest of Oddstad that is not being built on or in their project plans to the city.

Mayor pro Tem Bigstyck thought that, for the part that is market rate, they will need to pay for that part in lieu.

Councilmember O’Neill stated that the only reason they are doing market rate is to subsidize, explaining that when they talked about it being 100% affordable they were looking at a park fee of somewhere around $1 million.

Councilmember Vaterlaus thought they talked about land dedication also, as there is a land dedication that you can do in lieu of the fees.

Councilmember O’Neill thought staff may have to come back with more information for them.

City Attorney Kenyon stated that staff may be able to provide more direction on exactly what they are looking for from Council in terms of what they need to bring back a resolution and an ordinance for them to adopt, and what is there recommendation. She stated that, in terms of dealing with specific projects, this is not the appropriate venue to do that, because they are adopting rules that apply globally. She stated that, when you are talking about specific projects, there are a lot of steps that Council and developers go through to determine what those fees will actually be. She stated that another area of negotiations is going to be that the developer will come back and say that they are providing soccer fields in perpetuity and this is more than what a normal developer would do. She stated that staff will go through an analysis to determine how much of that is really parkland so it eliminates the need for park in lieu fees as they are providing parkland. She stated that those types of discussion will happen, but not appropriate for this global discussion on fees, and she thought staff’s direction was looking to Council for a general nature, i.e., do they want to allow for waiver or reduction in fees for certain types of housing.

Councilmember O’Neill asked if the definition of park any sort of recreational thing or parks.

City Attorney Kenyon stated it could include soccer fields as, ultimately, it will be up to staff’s interpretation of the code to determine what is considered parkland, then their interpretation will be taken to the Planning Commission and they will put their interpretation of our statutes and codes and ultimately it will come to Council. She stated that there are many levels, such as

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potential development agreement negotiations that will talk about these type of fees, thus there are a lot of steps. She suggests that Council not get into talking about specific projects but keep this on more of a global discussion.

Mayor Bier thought they should exempt all fees for 100% affordable housing. She wasn’t sure what is meant about not including the 80% but would want to include that, as we all fall in different levels.

Mayor pro Tem Bigstyck stated that he also thought maybe they do a 75-50-0 kind of percentages, and if it is low at 80%, they could say 75% of the fee, whereas very low, they would say 50% and extremely low can be made zero. He felt there was room to play.

Councilmember Beckmeyer was in agreement with the mayor that they need to have a significant discount for affordable housing as a housing incentive. She thought, for staff’s purposes, it would make sense to have a percentage, but she asked if that would be something they leave to staff’s discretion or do they want to designate it or say 100% for everything.

Mayor Bier stated that is what she would lean toward.

Asst. City Manager/Planning Director Wehrmeister thought there were a lot of different percentages going on. She stated that there is the percentage of the fee that they may or may not want to reduce and then there is the percentage of medium income that they want to consider eligible for the reduction. She stated that there was one more percentage they were talking about, and she thought they need to go through them. She stated that there was also the possible difference between an ADU and an affordable unit.

City Manager Woodhouse stated that, regarding the real policy balance, they are talking about real fee money for parks maintenance that the city doesn’t otherwise have. He stated that they want to incentivize affordable housing, want the most incentive be towards very low affordable housing, maybe consider medium incentive for the moderate affordable housing, and he reminded them that they are talking about maintenance dollars to purchase land and create parks that the city doesn’t otherwise have. He stated that, ideally, in the future, the percentage rate of building affordable housing is going to go up rather than just 6%, but they don’t know and that is part of the goal. He wasn’t sure what their RHNA allocation percentage was for affordable goals. He referred to the report chart mentioning 25%-50%-75%-100% gives them the relative dollar amount, based on that low 6% goal of affordable housing, and he was clarifying that policy balance for which Council was striving.

Mayor pro Tem Bigstyck stated that he was trying to capture some of those dollars by making it tiered.

Mr. Villareal stated, on looking at that chart, it was assuming that all moderate and below gets 100% of whatever reduction or exemption shown there, and there is no gradation in the different area of medium income tiers within that chart.

Councilmember O’Neill asked him to repeat that.

Mr. Villareal stated, regarding the lots and fee revenue on the table, that assumes that all moderate and below income units being built would receive whatever discount is shown there, and no difference between very low and moderate as is proposed.

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City Attorney Kenyon asked if he was able to make that calculation at this time for Council, should they want to differentiate between different types of low and moderate housing or is that not possible as she is trying to manage expectations in terms of what they are going to be able to figure out at this time.

Mr. Villareal thought it was beyond what they can do at this time. He thought they would need to make an assumption about the number of units in each of those income categories, and he didn’t know if they have the data to back that up.

Asst. City Manager/Planning Director Wehrmeister stated, for information, their RHNA allocation is just under 1900 units and the two biggest categories where their units are assigned is above moderate income at about 750 and very low income which is 538 units, and that may be instructive as how they want to incentivize. She stated that the way ABAG has presented this is that very low income is less than 50% of median and low income is 50-80% of median and moderate is 80- 120%.

Mayor pro Tem Bigstyck asked confirmation that low is between 50-80%.

Asst. City Manager/Planning Director Wehrmeister responded affirmatively.

Councilmember Beckmeyer asked Mayor pro Tem Bigstyck thoughts on having the moderate category. He was saying moderate to pay full fees.

Mayor pro Tem Bigstyck stated that was his initial thought, but if they want to see a reduction, he would recommend going to 75%.

Councilmember Beckmeyer stated that she was going to suggest.

Mayor pro Tem Bigstyck stated that he was trying to accomplish is to incentivize the very low and he can also see incentivizing the low also, which is why he put that at 50%.

Mayor Bier wrote that amount down as well, 0% for very low and extremely low, 50% for low and 75% for moderate.

Mayor pro Tem Bigstyck stated that he would be okay with 75% for moderate.

Councilmember Vaterlaus stated that she was doing numbers and looking up what the variables were, and she agreed with 0%-50%-75%.

Councilmember Beckmeyer asked Councilmember O’Neill if he was okay with that.

Councilmember O’Neill responded affirmatively.

Mayor Bier stated that exempting the inclusionary units.

Councilmember Vaterlaus agreed and accessory dwelling units.

Councilmember Beckmeyer stated that ADU’s obviously 750 and below is already exempt.

Councilmember Vaterlaus suggested 50% for ADUs above 750 because she sees that is where the greatest number of our housing units are being built, and they are not always low income but

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because they are smaller, they are generally naturally lower cost.

Mayor pro Tem Bigstyck stated that the nomenclature used in the staff report is for restricted ADUs. He was totally in favor of cutting it to 50% for restricted ADUs.

Councilmember Vaterlaus clarified deed restricted affordable ADUs.

Asst. City Manager/Planning Director Wehrmeister stated that was a suggestion by staff but not a requirement should Council want to provide the reduction to any ADUs, as that could be done as well.

Councilmember O’Neill asked how that would be enforced.

City Attorney Kenyon stated that it would be enforced, as they can enforce it.

Asst. City Manager/Planning Director Wehrmeister stated it would be deed restricted.

City Attorney Kenyon agreed that it would be a deed restriction and would be a condition of approval and would be enforced so that is not an issue.

Councilmember O’Neill asked what you do to the landlord who violates it, such as can they throw a lien on the house. He stated that was what he meant by enforcement, i.e., what is the “fist” to make them do it.

City Attorney Kenyon stated that it is a legal obligation and condition of approval, and they would be violating their permits just as any other homeowner who violated the condition of approval, and it would be up to staff to enforce it.

Councilmember O’Neill asked if they can throw the fee on their property taxes the next year to make up.

City Attorney Kenyon stated they could not.

Councilmember O’Neill asked, if you’ve deed restricted, saying they have to do this and they don’t, whether you will all of a sudden see it advertised on Airbnb.

City Attorney Kenyon stated that they would be prohibited from doing that, and they would have to locate them and tell them that it is not allowed. She stated that it would not be allowed because it would be on the deed.

Councilmember O’Neill stated that he was okay with the idea and concept, but was trying to figure out how it would be enforced and how would they collect their money.

City Attorney Kenyon stated that you would collect your money before it was constructed in the fees.

Councilmember Beckmeyer stated that he is saying they would collect more if it was a full market, not deed restricted so it was affordable.

City Attorney Kenyon agreed.

Mayor Bier thought the deed restricted ADU should have 0% fee, and the ones that aren’t and

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are above 750 should be 50%. She stated that they still need to have an incentive. She stated that the deed restricted should be full incentive.

Councilmember Vaterlaus added regardless of the size.

Mayor Bier agreed.

City Manager Woodhouse reminded them that under 750 sq. ft. no impact fee can be charged.

Above 750 sq. ft. the same tiered question applies for those that are deed restricted.

Mayor pro Tem Bigstyck stated that was his next question, i.e., when talking about deed restricted, are they deed restricting them to the same tiers of medium, low, very low.

Asst. City Manager/Planning Director Wehrmeister stated that it was at Council’s discretion. If it is deed restricted, they are already saying any ADU would have a 50% reduction, and she asked if they want to say moderate, low, very low gets zero or do they want to say only low and very low gets zero.

Mayor pro Tem Bigstyck stated that his introductory offer would be to do the exact same thing they did with the other where, if there is no deed restriction, make it 100% and moderate 75%, low 50%, very low 0%.

Councilmember Vaterlaus stated that it would make things easier if it was consistent across the board.

Councilmember O’Neill stated that there is a very large shortage in San Mateo County Section 8 housing. He stated that the waiting list for Section 8 housing is something like three years, and he asked if it was possible to give some sort of incentive for Section 8.

City Attorney Kenyon asked if he means legally.

Asst. City Manager/Planning Director Wehrmeister thought the incentive was built into the program, and while not an expert, she thought if they accept the Section 8 voucher, it is allowing someone who could not have paid the rent to come in and the County program makes the rent the landlord holds.

Councilmember Beckmeyer thought you could go in and out of that also.

City Attorney Kenyon stated that Section 8 housing has nothing to do with whether it is low, moderate, etc.

Councilmember O’Neill stated that he was trying to think of another category of low income housing.

City Attorney Kenyon thought they have given direction to staff, and the questions they have in their mind about that distinction or tiering concept raises questions in her mind, and probably staff’s minds as well, and she thought staff has gotten enough direction, and she hasn’t heard anything from staff otherwise, asking them to speak up if they need more direction.

Asst. City Manager/Planning Director Wehrmeister wanted to clarify.

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City Attorney Kenyon suggested that they give the general parameters, as they are not asking Council to adopt anything at this time but give direction so they can draft something for Council’s review and adoption. She stated that they may come back based on this direction and say that they heard Council, but in actually drafting these exemptions, waivers, reductions, they noticed other things and they may want consider something else. She stated that this is a fluid discussion that is not going to be completed at this time, and she thought they just need to hear from staff what more direction they need in order to bring back a final staff report for approval.

Mayor pro Tem Bigstyck stated, regarding Section 8, essentially it was up to the landlord whether or not they are accepting the voucher, and their unit could be market rate and then someone has the voucher and they are getting money from an agency and only paying the very low rate, but the landlord is getting a full deal, and it is up to the landlord whether or not they are accepting it.

He didn’t know if there was anything they can do to incentivize the landlord more than what already is being incentivized by the government saying, if they accept the voucher, they will get the full amount that they otherwise would not have gotten because the person can’t afford it.

Councilmember O’Neill stated that he was looking at it severely impacted our seniors and in Section 8 there is very little housing for them. He wondered if there was something they could do to incentivize it.

Councilmember Beckmeyer stated, before Asst. City Manager/Planning Director Wehrmeister clarifies the question, she wanted to check with Mayor Bier about the ADU fee. She stated heard all of them from her and from Mayor pro Tem Bigstyck she heard tier it the way they tiered the other things. She asked Councilmembers’ feelings.

Mayor Bier felt the deed restricted should have full incentive, 0%. She also thought any other ADU should have 50%, but she is willing to talk about what she said as it makes sense to her to have it across the board. She added that she would like to exempt the inclusionary units.

Asst. City Manager/Planning Director Wehrmeister asked if she meant the BMRs that are created, because they are by definition affordable units and these reductions would apply. She stated that she was still not sure if she heard a consensus on what they are doing with the ADUs over 750 sq. ft.

Councilmember Vaterlaus thought it was deed restricted 0, 50 and 75.

Asst. City Manager/Planning Director Wehrmeister asked at what level as there are three different levels that could be deed restricted, and was it any level, moderate and under.

Mayor pro Tem Bigstyck stated that they were going to keep it consistent with the other one which he thinks is what Councilmember Vaterlaus just said.

Councilmember Vaterlaus clarified 0% for very low, 50% for low and 75% for moderate.

Asst. City Manager/Planning Director Wehrmeister understood.

Councilmember Vaterlaus added in the larger ADUs.

Mayor pro Tem Bigstyck stated that they had two head nods and asked if there were any more head nods. He asked Councilmembers Beckmeyer and O’Neill and Mayor Bier if they were good with that.

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Councilmember O’Neill stated that he was going down another road. He stated that the way the fees are structured, they are almost creating a disincentive for family affordable housing because it is based on bedrooms.

Councilmember Beckmeyer stated that, if she remembers, the big fee came at two bedrooms, and she asked if the big fee was $12,000 at two bedrooms.

Mr. Villareal responded affirmatively.

Councilmember Beckmeyer stated that it is not at the higher numbers, as it is already at two.

Councilmember O’Neill stated that he is concerned because they have four senior housing projects in Pacifica, but zero for family affordable.

Mayor Bier agrees with that.

Councilmember O’Neill didn’t know how they would structure it to try to correct that.

Mayor pro Tem Bigstyck stated that was why the lower the affordability, the lower the fee, is what he is proposing.

Mayor Bier stated that 50% at low is a lot, and suggested that maybe it could be 25% at low and 50%. She stated that they have to include the low in there as we need it.

Councilmember O’Neill stated that he was not arguing about that, but was concerned about the lack of family housing in the city and that affects the school district funding and he was concerned about gentrification in the community.

Mayor pro Tem Bigstyck stated that he was okay going down to 25% for low but he would want to keep 75 for the 80%.

Councilmember O’Neill added that this is also park maintenance.

Councilmember Vaterlaus agreed, stating that they are cutting off their nose.

Councilmember O’Neill stated they should let staff come back to that.

Councilmember Beckmeyer agreed that they should let them come back.

Councilmember O’Neill asked if they have enough to figure out what they all want.

Mayor pro Tem Bigstyck stated that she is looking for consensus, so three to say that those tiers previously discussed or altering those tiers if they don’t have at least three.

Councilmember O’Neill asked if they have three.

Asst. City Manager/Planning Director Wehrmeister stated that the latest direction is that, for low it would be 25%, for moderate it would be 50% and to apply that both to a standard affordable unit but also ADUs over 750 square feet.

Mayor pro Tem Bigstyck stated that his original was 75-50-0, and he asked if that is what they

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want or go down to 25.

Mayor Bier asked if he was saying 75% for moderate.

Mayor pro Tem Bigstyck stated he was saying 75% for moderate, low being 50 and 80 and he would say it is okay to cut it in half, but if they want to go down to 25%, he can go down that far, but if he has interest for 50%, he would like to keep it there as he is trying to incentivize very low where he is proposing 0. He appreciated that it is a big umbrella of all the different forms of low cost housing, but he is trying to do the push for the very low. He is negotiating on the low but for moderate and above, if you are at 80%, he thinks you can pay 75%.

Councilmember Beckmeyer acknowledged his suggestion. She referred to moderate and asked if the next was low.

Mayor pro Tem Bigstyck stated it was low.

Mayor Bier thought low should be 25%.

Councilmember Beckmeyer agreed not 50.

Mayor Bier stated that the other two are full incentive.

Councilmember Beckmeyer asked about that.

Mayor pro Tem Bigstyck stated that he has a proposal, as they don’t have the numbers in front of them, and asked if they can come back with what the two versions would be, specifically the low, between 50 and 80, and what it would look like at 25% low and what it would look like at 50%.

City Attorney Kenyon asked if he was talking about the ADUs or all of them.

Mayor pro Tem Bigstyck thought they were talking about all of them.

Councilmember Beckmeyer stated that they were talking about keeping them the same.

City Attorney Kenyon understood.

Mr. Villareal stated that he can estimate what the loss in revenue would be under those two scenarios with the caveat that they would have to make some assumptions but they can be explicit about what those assumptions are.

Mayor pro Tem Bigstyck stated that they are going 0 for very low, moderate and above of 80%, they are doing 75, and between 50 and 80, they want to see the difference between the numbers of 25% and 50%.

Mr. Villareal agreed that they can do that.

Asst. City Manager/Planning Director Wehrmeister wanted to make one clarification on the ADUs because it was mentioned that these would be conditions of approval and the ADUs are not discretionary and they would be bringing back an ordinance that would allow staff to implement this deed restriction process before building permit is issued for the ADU.

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Councilmember O’Neill asked if they needed a time check as it was 10:35.

City Attorney Kenyon agreed that they do.

Councilmember Vaterlaus moved to extend the time to 11:30 p.m.; seconded by Mayor pro Tem Bigstyck.

Vote: 5-0 (extend meeting time to 11:30 p.m.)
Mayor Bier stated that they are done with that item.

RESULT: NO VOTE REQUIRED

7. Consider Approval of a Preliminary Concept of a Bike Park at Lower Frontierland Park PROPOSED ACTION: Approve the preliminary concept of a Bike Park in Pacifica at the lower Frontierland Park site.
[Agenda Item #7 was discussed prior to Agenda Item #5 pursuant to Council's vote to amend the order of the agenda following Staff Communications.]
PB&R Director Perez mentioned Acting Rec. Asst. Supvr. Anthony Schriver and PB&R Chair pro Tem Nick Lusson were present who have been involved in in supporting the bike park, and also joined Amir Mendel, Bike Park Committee member, who will be giving the bulk of the presentation after he begins with an introduction of the staff report.

Amir Mendel, member of Bike Park Committee, completed the staff report.

Mayor Bier opened public comments.

Peter Milich, Pacifica, stated his reason for being present was to ask them to approve the bike park was that he wants a new and better place to ride.

Lizzie Milich, Pacifica, stated she loves biking and wanted them to approve the bike park so she can learn there and ride on bigger trails.

Aaron Reif, Pacifica, thought bikes are super important for exercising in a safe place, and he felt this was a great opportunity and he supported approving the bike park.

Lucas Macaulay, Pacifica, stated a bike park was a great opportunity for kids who love biking and so they can get exercise.

Mayor Bier asked if they had call-ins.

Mgmt. Analyst Montemayor introduced the call-in speaker, but there was no response.

Mayor Bier thought it was a faster connection if they turn off all their screens.

Mgmt. Analyst Montemayor stated that listening through the phone would be real time versus listening on television.

Mayor Bier asked if they should wait longer, as she did have some more cards.

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Mgmt. Analyst Montemayor suggested that they move forward with the in person speakers.

Lucas Provence, Pacifica, stated that he wants a bike park, adding that he is in second grade.

Max Provence, Pacifica, stated that he wants a bike park.

Ryan Durling, Pacifica, stated that he is five and he wants a bike park.

Cole Durling, Pacifica, stated that he wants a bike park.

Aaron Lee, Pacifica, stated that a bike park would be a good addition to the city and a safe and easy way to develop skills in riding.

William Macaulay, Pacifica, stated that he wants a bike park and don’t have to drive four hours away to Truckee where good bike parks are.

Mgmt. Analyst Montemayor introduced the call-in speakers.

Sadie McKenna, Pacifica, stated she and her friends like to ride bikes and a lot of bike parks are far away and she thought that it would be easier to go there if the bike park was at Frontierland.

Catherine Wachtler, Pacifica, thanked Council and staff for hearing her regarding approval of a bike park at lower Frontierland and she gave her thoughts on this location as not being a good selection for a bike park. She encouraged studying and developing a well-planned response to the question of what is the best use of lower Frontierland Park. She stated that the demographic that uses it the most is dog owners, who outnumber bike park participants. She commends the grass roots effort of the Bike Park Committee.

Mayor Bier closed public comments.

Councilmember Vaterlaus liked the idea of the rifle range as it was ideal and in the middle of town.

She gets the cons as the city doesn’t own it and that makes things difficult and she saw this as the next best alternative.

Mayor pro Tem Bigstyck asked staff and the committee members if they might want to go over the rifle range one more time, since they said it would have been their preferred choice, and he thought they agree with that, but he would appreciate going over it one more time to explain why they think it is not an option for the city.

PB&R Director Perez stated that it will take millions to clean up the rifle range area and that millions quote is a quote from the San Francisco Rec and Park staff real estate division. He stated that they have had contact with them regarding this which is the rifle range part, and the archery range area goes off the rest of the open areas there. He stated that they didn’t remediate it in the sense that they cleaned it up but they capped it, but makes it unused and they have been told that it is unusable. He added that we don’t own it and he thought one con not mentioned as much was that it was pretty remote. It is great that you’re not near neighbors but if you are young and going there, it may not be so great if it is not close to other things. He stated that is the main reason that they aren’t considering that location, but location in terms of being in the middle of town was nice and not being right next to neighbors was great also.

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Mayor pro Tem Bigstyck wanted to make some jokes about being thrilled to see all the young children, but he won’t as he doesn’t want to be cavalier with the neighborhood and the person who expressed her concerns. He was impressed by how many young children had the bravery to come and tell them what they should do with a town they will all be inheriting from those who would pretend to have power at this moment. He thanked them for coming and speaking. He stated the one speaker who articulated the safety element of having the bike park was important as they are listening to the children who are very excited to have a bike park if Council votes yes, they want to make sure they have a safe place. He stated that he has visited Boy Scout [trail] and, compared to what they are presented at this time, this was a safer option for the young. He stated that their articulation is appreciated as well as the voices who spoke. He was in support of this.

Councilmember Beckmeyer stated that she was happy to support this project even though she hasn’t given up on the rifle range, as it is 264 acres and she thought there has to be a few acres in there that can be used. She looks forward to having two bike parks in Pacifica, and this is a great place to start. She stated that she was going to say to the young people in the audience and those listening over the airways that they stay engaged. This is something they care about but they have to stay focused on what Council does as they do everything that affects the town.

Councilmember O’Neill stated that he was a recreation major and would support recreation and he is for the bike park. He admitted that his only concern is that it is so far back in the valley. He asked if they thought about looking on Imperial which is owned by the North Coast Water District and Linda Mar School has a big field there beyond the 4-H and community garden, and it is not agricultural, so he wondered if they had approached other public entities that have land holdings.

PB&R Director Perez that they haven’t looked at those particular locations. He stated he grew up down the street from the one on Imperial and he thought it was stuck between a couple of housing developments and might be the opposite problem of being on the other end of town. He asked about the second location he mentioned.

Councilmember O’Neill stated Linda Mar School.

PB&R Director Perez stated that he is only thinking of the soccer field which is now mostly the garden project. He stated that he mentioned there was other land the, but they haven’t looked at that.

Councilmember O’Neill didn’t think there was any sports fields there.

PB&R Director Perez stated it was what used to be the sports field, and the garden project is there.

Councilmember O’Neill wondered if they had as it was closer to Highway 1 and more out.

PB&R Director Perez understood.

Councilmember O’Neill stated that he has no problem with the project.

Mayor Bier commended them on all the work they have been putting in for so many years and for being here. She asked, if this is passed and they approve the preliminary concept of a bike park, whether it will give them a foundation to do fundraising.

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Mr. Mendel stated that, without solidifying the location, it is challenging to do a couple of things, and they can’t move forward with designing and putting the concept together without solidifying the location and they also cannot start to partner and work with other non-profits to fundraise as well as get grants. He stated that it is an abstract idea without a location and a design, and they know they can fundraise, get grants and money for the project once they have a location as it is similar to what Pacifica did with the Pacifica Skate Park.

Mayor Bier thanked him for that information, and she cannot wait to vote.

Mayor pro Tem Bigstyck moved to approve the preliminary concept of a Bike Park in Pacifica at the lower Frontierland Park site; seconded by Councilmember Vaterlaus.

Mayor Bier called a break then reconvened the meeting.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Mayor Pro Tem
SECONDER: Sue Vaterlaus, Councilmember
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer

8. Construction of Anza Pump Station Repair Project
PROPOSED ACTION: Approve the following actions for the Anza Pump Station Repair Project (C036):

A. Authorize the City Manager to Award and Execute a Construction Services Agreement with DW Nicholson Corporation (Attachment “A”) in an amount not to exceed $2,326,000.00 and authorize a budget authority for construction in the amount of $2,791,200.00, which includes contingencies in an amount not to exceed Twenty Percent (20%) of the Construction Contract amount; and
B. Authorize the City Manager to award and execute a Construction Services Agreement with Pump Repair Service Co. (Attachment “B”) to furnish and install a new third stormwater pump in an amount not to exceed $207,394.22 and authorize a budget authority for pump furnishing and installation in the amount of $228,133.64, which includes contingencies in an amount not to exceed Ten Percent (10%) of the Construction Contract amount; and
C. Authorize the City Manager to Award and Execute a Purchase Agreement with Peterson Power Systems Inc. (Attachment “C”) to furnish and support installation of a new third natural gas engine in an amount not to exceed $326,087.93 and authorize a budget authority for engine furnishing and installation support in the amount of $358,696.72, which includes contingencies in an amount not to exceed Ten Percent (10%) of the Purchase Agreement amount; and
D. Authorize the City Manager to approve and execute Task Order No. 2 (Attachment “D”) with Schaaf & Wheeler Consulting Civil Engineers, Inc. for Engineering Services During Construction (ESDC) in an amount not to exceed $105,630; and E. Authorize the City Manager to award and execute a Master Services Agreement (Attachment ‘E”) and Task Order No. 1 (Attachment “F”) with Ghirardelli Associates, Inc. to provide Construction Management Services in an amount not to exceed $220,600.00 and authorize a budget authority for Construction Management in an amount not to exceed $242,660.00 which includes contingencies in an amount not to exceed Ten Percent (10%) of the of Task Order No. 1; and
F. Authorize City Staff to execute future Change Orders not to exceed the contingency

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amounts specified above.

PW Director Petersen presented the staff report, stating that Sr. Engineer Schlater is also available to answer any questions.

Mayor pro Tem Bigstyck reiterated that, of the $3,726,320.36 they were talking about, they were authorizing a payment of approximately $235,000 because insurance is picking up the rest. He asked if that was correct.

PW Director Petersen responded affirmatively.

Mayor Bier opened public comments with no one in the chamber and asked if they had any callins.

Mgmt. Analyst Montemayor introduced the speaker.

Remi Tan, Pacifica, urged Council to approve this measure which is important as it helps the emergency flooding in Linda Mar but asked why the deductible is so high. He wanted to add a comment to the previous item as he tried but was not called and he urged the city to approve all the park fee improvements.

Mayor Bier closed public comments.

Councilmember O’Neill stated that he was going to make a motion.

City Attorney Kenyon stated that he does not need to list all of the items.

Councilmember O’Neill stated that he was going to ask that question, then asked Mayor pro Tem Bigstyck if he had a question.

Mayor pro Tem Bigstyck stated that, regarding the speaker who asked about the $235,000, it was the city’s deductible for the insurance policy.

Councilmember O’Neill moved to approve the following actions for the Anza Pump Station Repair Project (CO36), authorize the city manager to award and execute various contracts.

City Attorney Kenyon stated that he can say Items A through F as reflected in the staff report.

Councilmember O’Neill stated approve the following actions with Items A through F as in the staff report; seconded by Mayor pro Tem Bigstyck.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Mike O'Neill, Councilmember
SECONDER: Tygarjas Bigstyck, Mayor Pro Tem
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer

9. Appointments to the Planning Commission; Parks, Beaches & Recreation Commission; Beautification Advisory Committee; Emergency Preparedness & Safety Commission; and Open Space & Parkland Advisory Committee
PROPOSED ACTION:
1) Move to appoint three (3) applicants to the Planning Commission: for one partial term to

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expire March 2025 and two full terms to expire March 2026; 2) Move to appoint one (1) applicant to the Beautification Advisory Committee for a full term to expire March 2026, and seek to fill a second full term during a future recruitment; 3) Move to appoint one (1) applicant to the Emergency Preparedness & Safety Commission for a partial term to expire October 2023; and 4) Move to appoint one (1) applicant to the Open Space & Parkland Advisory Committee for a partial term to expire May 2024.

City Clerk Coffey presented the staff report.

There were no public comments.

Councilmember Vaterlaus moved to appoint Alex Ferguson and James Godwin to full 4-year terms on Planning Commission expiring March 2026 and Greg Wright to a partial term expiring March 2025; seconded by Councilmember O’Neill.

Vote: 5-0
Councilmember O’Neill asked if he can name everyone else because there are the same number of applicants as there are openings.

Councilmember Beckmeyer asked if they need to do each committee and commission as a separate motion.

City Clerk Coffey stated that it can be by a single motion, just naming the applicant to the committee.

Councilmember O’Neill moved to appoint Peter Balestreri to EPSC partial term expiring October 2023, Sarah Cardona to OSPAC partial term expiring May 2024 and Ryann Hoffman to BAC full term expiring March 2026; seconded by Councilmember Vaterlaus.

Vote: 5-0
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Councilmember
SECONDER: Mike O'Neill, Councilmember
AYES: Bier, Bigstyck, O'Neill, Vaterlaus, Beckmeyer

ADJOURN
Mayor Bier adjourned the meeting at 10:49 p.m. in honor of former Pacifica Mayor Sidney Lorvan.

Transcribed by Barbara Medina, Public Meeting Stenographer.

Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Mary Bier, Mayor

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Attachment: Attachment A: Minutes of March 28, 2022 Regular City Council Meeting (4947 : Approval of Minutes)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/11/2022
1 SUBJECT:

Continuation of Proclamation of Local Emergency of the Pacifica Coastline from Westline Drive to the End of Beach Boulevard.

RECOMMENDED ACTION:

Accept report and make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.

STAFF CONTACT:

Sam Bautista, P.E., Deputy Director of Public Works
650-738-3767
[email protected]
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:

On January 22, 2016, the Director of Emergency Services proclaimed the existence of a local emergency along the Pacifica coastline from Westline Drive to the end of Beach Boulevard due to El Nino storm activity. Extreme wave heights for extended periods of time caused top-of-bluff retreat at several locations along the Pacifica coast and damage to City infrastructure. Since this date, the Director of Emergency Services has proclaimed the existence of other local emergencies along this same stretch of coastline. These emergencies are described below:
• Failure of the sea wall and promenade on Beach Blvd. (in the vicinity of Santa Maria Avenue), which have been repaired, from the January 22, 2016, storm. • The 300 & 400 block of Esplanade experience episodic bluff erosion. In recent years (2016-2018), the bluff erosion has progressed to a point where the erosion is now threatening public infrastructure and utilities.
• Undermining of a seven-foot diameter storm drain outfall and concrete headwall for the discharge of Milagra Creek into the Pacific Ocean in the vicinity of 700 Palmetto Avenue from the January 22, 2016, storm. Construction is scheduled to restart in February of 2021 due to project delays.
• A failure of the seawall and promenade on Beach Blvd. in the vicinity of Santa Rosa Avenue and the Pier was discovered on December 16, 2020. Ocean waves, king tides, and high swells undermined a portion of the sea wall and created a large void (25’x25”) between the pier abutment seawall connection, affecting the sidewalk and promenade.

City staff and contractors stabilized and repaired the large void on January 22, 2021.

The sidewalk and promenade restoration were completed on February 22, 2021.

Monitoring of the repaired area is on-going.
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• On December 29, 2020, another failure of the seawall occurred approximately 150-200 feet north of the intersection of Beach Blvd. and Santa Rosa Avenue. A void, approximately 10’ deep by 15’ long, was found behind the seawall and was repaired with geotextiles and concrete slurry on January 5, 2021. Full restoration of this section was complete in February 2021. Monitoring of the repaired area is on-going. • On January 14, 2021, a combination of high tides and large waves damaged a forty-foot section of the Pacifica Municipal Pier’s west facing deck and concrete railing. Following this event, the Pier was closed due to safety concerns. City staff requested a structural engineering assessment of the above deck pier elements and a proposed repair and associated cost from a local engineering consultant. This information was provided to the City by the end of March 2021. The pier was reopened on April 2, 2021, but the damaged portion was fenced off for safety reasons. The City is currently moving forward with a repair project and is designing the repair. Construction will be funded by grant money provided through a Senate Bill 129. The City Council approved a resolution on December 13, 2021, to approve the application of the state grant funds for the repair of the pier and the application has been sent to the State Department of Parks and Recreation for processing. The repair project is anticipated to be released for bidding in the Summer of 2022.

The City Council first ratified this proclamation (Attachment 1) at its regular meeting of January 25, 2016. Since that date, additional damage had occurred along Beach Boulevard and Esplanade Avenue as noted above.

Pursuant to Government Code section 8630(c), the City Council must review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency. Conditions of local emergency still exist since the City Council first acted to declare a local emergency on January 25, 2016, and since that time staff has brought the continuance of Proclamation confirming the existence of local emergency exists within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard every 30 days with March 14, 2022, being the most recent.

The City is using a combination of city staff, contractors, and consultants to manage the discussed emergency work. Staff will bring recommendations to the Council to end the emergency designation for projects on the list once conditions stabilize and the projects are no longer in need of the emergency designation.

The City Manager recommends that the City Council make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.

FISCAL IMPACT:

None.

ORIGINATED BY:

Engineering
City Clerk
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ATTACHMENT LIST:

Attachment 1 - Proclamation of Local Emergency Regarding Pacifica Coastline From Westline Drive to End of Beach Blvd (PDF)
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"ATTACHMENT 1"

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Attachment: Attachment 1 - Proclamation of Local Emergency Regarding Pacifica Coastline From Westline Drive to End of Beach Blvd (4941 :
"ATTACHMENT 1"

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Attachment: Attachment 1 - Proclamation of Local Emergency Regarding Pacifica Coastline From Westline Drive to End of Beach Blvd (4941 :

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/11/2022
1 SUBJECT:

Continuation of Proclamation of Local Emergency at the Anza Pump Station.

RECOMMENDED ACTION:

Accept Report and Make a Determination that Conditions of Local Emergency Continue to Exist at the Anza Pump Station at the Pacifica State Beach.

STAFF CONTACT:

Lisa Petersen, P.E., Director of Public Works
(650) 738-3767
[email protected]
Sam Bautista, P.E., Deputy Director of Public Works / City Engineer (650) 738-3771
[email protected]
BACKGROUND/DISCUSSION:

On Monday, March 16, 2020, the Department of Public Works received a report regarding a fire at the Anza Pump Station at Pacifica State Beach. After Public Works staff investigated the report, it was determined that the storm drain pumping system and roof/bathrooms were damaged during the fire. The engines were destroyed, and the pumps needed to be replaced.

The damage to the pump station threatened and continues to threaten the safety of persons and properties within the watershed due to the risk of flooding without an operational pump station.

The City of Pacifica’s Emergency Plan and Section 4-2.01 et seq. of the Pacifica Municipal Code empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when there is an actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and properties within this City.

The proclamation is subject to ratification by the City Council within 7 days, pursuant to the Pacifica Municipal Code. The proclamation of the existence of a local emergency further designates the City Manager or designated representative to act on behalf of the City for public assistance and for individual assistance for purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain available State and Federal assistance.

Additionally, pursuant to Section 3-15.09 (A) of the Pacifica Municipal Code, in cases of an emergency the City Manager is authorized to proceed at once to replace or repair any public facility without adopting plans, specifications, or working details, or giving notice for bids to let contracts. The City must comply with Public Contract Code Section 22050, which provides a process for City Council’s review of the emergency action if notice of bids to let contracts for public projects will not be given because of the emergency.

In this case, the City Manager has determined that the damaged pump station threatens the health and safety of persons and properties, including critical public infrastructure, which 4 Packet Pg. 48
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requires immediate attention and constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code Section 1102.

Such conditions are, or are likely to be, beyond the handling capability of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency design and repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contracts. Immediate action is, and continues to be necessary, due to the clear and imminent danger presented by any storm event that could occur during the time the storm water pump station is non-functional. Flooding could occur to areas upstream of the pump station, causing health and safety issues, as well as extensive property damage. As such, on April 8, 2020, the City Manager did proclaim the existence of a local emergency within the City and the need to continue the emergency action continues as the repair will take approximately 8-14 months or longer. The Proclamation of Local Emergency is attached to this staff report as Attachment 1.

City staff has contracted with the civil engineering firm of Schaaf & Wheeler of San Jose, California to assist the City with the rehabilitation of the pump station. In addition, the pump station has been cleared of any fire damaged debris and the damaged pumps/engines have been removed. On July 13, 2020, the City Council approved construction services agreement for rebuild and re-installation of a pump and gear drive, the renovation of bathrooms, purchase and installation of new stainless-steel doors, and repair pump station wet-well grates. As part of the on-going maintenance for the pump station, staff purchased a new pump which was approved by the Council at the August 9, 2020 City Council meeting. An emergency purchase agreement with Herc Rental for a temporary rental engine was also approved on September 1, 2020 and will remain in place until the pump station is operational. On October 12, 2020, temporary measures were completed to allow for a non-standard system of pumping at the Anza Pump Station until final repairs are completed. This work included a new pump, transfer switch, temporary roof, portable generator connections, and exterior double doors have been installed. Staff is continuing to evaluate and monitor storm water flows and purchased two new sump pumps to accommodate flows.

On May 10, 2021, City Council approved the purchase of two new Caterpillar engines utilizing the City’s established Sourcewell Cooperative Purchase Agreement. The rehabilitation plan is currently 100% completed, and staff has completed the engineering review. The roofing plan was approved by the Building Department. Staff has also completed selection of the Construction Management firm which was from the established On-Call Construction Management list. Staff is in the process of discussing permitting requirements for the overall project with the California Coastal Commission.

Staff completed the field portion of a topographic survey to support a PG&E application to reestablish natural gas service at the Anza Pump Station to supply the natural gas to run the prepurchased natural gas engines to drive the pumps. The City entered into an agreement with PG&E to tap the gas main and install a new gas meter. The City has also engaged a gas pipeline contractor for a quotation on installing the gas service line from the gas main to the gas meter. In addition, the City has submitted the Caltrans Encroachment Permit application required for gas service line construction on Highway 1 and has obtained a separate emergency Coastal Development Permit request with the California Coastal Commission for installation of the new gas line and a redundant pump/engine that was approved.

During a storm event on the morning of December 16, 2021, the City experienced some flooding in the lower Linda Mar area due to the temporary nonstandard pumping system that has been in use at Anza pump station due to the fire damaged pump station engines in March of 2020. This temporary system has been in place because the City has been working to reach 4 Packet Pg. 49
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agreement with the California Coastal Commission on the remaining permitting requirements for the permanent pumping system. The City faced several significant stormwater related events from October 2021 through December 2021 and will face more with the continuing storm season. Replacement of this temporary system is considered an emergency and staff is moving forward with construction of the permanent system. To further improve operations between now and when the Anza Pump Station Repair Project is completed, the City recently purchased a small diesel engine that will be used to drive one of the existing smaller stormwater pumps, thereby improving pump station resiliency in the interim. Staff issued a public request to prequalify bidders for the Anza Pump Station project in December 2021. Ultimately, two contractors were deemed qualified to bid on the project. Both contactors submitted bids for the project in February of 2022. The contractors specialize in pump stations. To start the construction, the City Council approved Construction Services Agreements with DW Nicholson Corporation and Pump Repair Service Company; executed a Purchase Agreement with Peterson Power Systems Inc.; executed Task Order No. 2 with Schaaf & Wheeler Consulting Civil Engineers, Inc. for Engineering Services During Construction; and executed a Master Services Agreement with Ghirardelli Associates, Inc. to provide Construction Management Services on March 28, 2022.

Pursuant to Government Code Section 8630(c), the City Council must review the need for continuing the local emergency at least every 60 days until the City Council terminates the local emergency. Conditions of local emergency still exist since the City Council first acted to declare a local emergency on April 13, 2020, and since that time staff has brought the continuance of Proclamation confirming the existence of local emergency at the Anza Pump Station every 30 days with March 14, 2022, being the most recent.

The City is using a combination of city staff, consultants, and contractors to manage the emergency work related to the Anza Pump Station repair project. The City Manager recommends that the City Council make a determination that conditions of local emergency continue to exist at the Anza Pump Station at the Pacifica State Beach. Staff will continue to update the Council on the progress of this emergency work monthly through the emergency declaration Council reports
FISCAL IMPACT:

There is no fiscal impact to continue this local emergency.

ORIGINATED BY:

Engineering
ATTACHMENT LIST:

Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (PDF)
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RESOLUTION NO. 19-2020

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY AT THE

ANZA PUMP STATION AT THE PACIFICA STATE BEACH
______________________________________________________
WHEREAS, Section 4-2.05 of the City of Pacifica Municipal Code (“PMC”) designate the City Manager as the Director of Emergency Services; and
WHEREAS, Government Code section 8630 and PMC section 4-2.05(a) empower the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by an emergency, subject to ratification by the City Council; and
WHEREAS, Section 4-2.02 of the PMC defines "emergency" as the “actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as earthquake, hazardous materials, plane crash, landslide, tsunami, epidemic, flood, riot, fire, or other conditions, including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the capability of control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat”; and
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council; and WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and WHEREAS, on Monday, March 16, 2020, the Department of Public Works received a report regarding a fire at the Anza Pump Station at the Pacifica State Beach; and WHEREAS, after Public Works staff investigated the report, it was determined that the storm drain pumping system was damaged during the fire and that the engine and the motors would need to be replaced; and
WHEREAS, the damage to this pump station threatens the safety of persons and properties within the watershed due to the risk of flooding that can occur without an operational pump station; and WHEREAS, the City Manager has determined that the damaged pump station threatens the health and safety of persons and properties, including critical public infrastructure due to the risk of flooding and requires immediate attention and repair and as such constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code section 1102; and WHEREAS, such conditions are beyond the handling capability of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contract, ATTACHMENT 1

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (4942 : Continuance pursuant to Public Contract Code 22050; and
WHEREAS, on April 8, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Pacifica, after determining that the damaged condition of the Anza Pump Station is likely to create conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City; and WHEREAS, in accordance with Government Code section 8630 and PMC section 4-2.05(a) the City Council must take action to confirm the proclamation within 7 and in accordance with Public Contract Code section 22050 which requires confirmation by 2/3 of Council within 14 days of the emergency action.

NOW, THEREFORE, BE IT RESOLVED that said Proclamation of Existence of Local Emergency, as issued by said City Manager in his capacity as Director of Emergency Services, which is attached hereto as Attachment “A”, is hereby ratified and approved by the City of Pacifica City Council.

BE IT FURTHER RESOLVED that said local emergency is confirmed to exist and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Pacifica.

BE IT FURTHER RESOLVED that during the existence of this local emergency, the powers, functions and duties of the Director of Emergency Services, and the emergency organization of the City of Pacifica shall be those prescribed by state law, by the existing ordinances and resolutions of the City of Pacifica, as well as this resolution and any subsequent emergency orders of the City Council. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of April 2020, by the following vote:

AYES, Councilmembers: Martin, Beckmeyer, Vaterlaus, Bier, O’Neill NOES, Councilmembers: None.

ABSENT, Councilmembers: None.

ABSTAIN, Councilmembers: None.

CITY OF PACIFICA
Deirdre Martin, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (4942 : Continuance

PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council at the earliest possible time; and
WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and WHEREAS, on Monday, March 16, 2020, the Department of Public Works received a call regarding a fire at the Anza Pump Station at the Pacifica State Beach; and WHEREAS, after Public Works staff investigated, and determined that the storm drain pumping system was damaged during the fire; and
WHEREAS, the damage to the pump system threatens the safety of persons and property, including critical public infrastructure; and
WHEREAS, such conditions are or are likely to be beyond the handling capabilities of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair; and
WHEREAS, the City provides this written notification to the San Mateo County and State CalEMA’s Regional and Headquarter offices of a proclamation of local emergency; and WHEREAS, such proclamation shall be subject to confirmation by the Pacifica City Council at the earliest possible time.

NOW, THEREFORE, BE IT PROCLAIMED that, in accordance with State Law and the City of Pacifica Municipal Code, the Director of Emergency Services proclaims the existence of a local emergency for the Anza Pump Station.

DATED: April 8, 2020
By:_____________________________
Kevin Woodhouse
Director of Emergency Services
Attachment 1

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Attachment: Attachment 1 - Resolution No. 19-2020 Ratifying Proclamation of Local Emergency at the Anza Pump Station (4942 : Continuance

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/11/2022
1 SUBJECT:

Continuation of Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”).

RECOMMENDED ACTION:

Accept report and make determination that conditions of local emergency continue to exist regarding Novel (new) Coronavirus ("COVID-19”).

STAFF CONTACT:

Kevin Woodhouse, City Manager
(650) 738-7409
[email protected]
BACKGROUND/DISCUSSION:

On March 16, 2020, the City Manager, acting in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency pursuant to PMC 4-2.05(a) and executed the "Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19")" ("Proclamation"). On March 18, 2020, the City Council of the City of Pacifica adopted Resolution No. 18-2020 to ratify the Proclamation of local emergency due to COVID-19 (Attachment 1). The City’s Proclamation was sent to San Mateo County Offices of Emergency Services and the California Governor’s Office of Emergency Services (CalOES) and allows the City to seek state and federal funds relating to the emergency.

This proclamation of local emergency was based on the following findings.

BACKGROUND:

On January 30, 2020, the World Health Organization (“WHO”) declared the COVID-19 outbreak a public health emergency of international concern. On January 31, 2020, the U.S. Department of Health and Human Services declared a Public Health Emergency for the United States of America. The United States Centers for Disease Control and Prevention (“CDC”) determined the virus presents a serious public health threat, requiring coordination among state and local health departments to ensure readiness for potential health threats associated with the virus.

On March 3, 2020 both the Director of Emergency Services of the County of San Mateo and the San Mateo County Health Officer issued proclamations of local emergencies based on the imminent and proximate threat to public health from the introduction of COVID-19 in San Mateo County. The San Mateo County Board of Supervisors ratified both proclamations on March 10, 2020.
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On March 4, 2020 Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19.

On March 11, 2020 the WHO declared a global pandemic due to the significant spread of the virus and the increased numbers of confirmed cases worldwide.

On March 13, 2020, then President Donald J. Trump issued a Proclamation Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak finding that the COVID-19 outbreak in the United States constituted a national emergency, beginning as of March 1, 2020.

As of June 15, 2021, the California Governor terminated the Executive Orders that put into place the Stay Home Order and the Blueprint for a Safer Economy, and also phased out the majority of executive actions put in place since March 2020 as part of the pandemic response, leaving a subset of provisions in place that facilitate the ongoing recovery. Governor’s Orders currently in effect are N-07-21 and N-08-21, both adopted on June 11, 2021.

The California State Public Health Officer issued a new Order on June 11, 2021 to be effective June 15, 2021, which supercedes all prior State health orders. Restrictions that ended on June 15, 2021 include: physical distancing, capacity limits on businesses and the County tier system.

Starting on June 15, 2021, California reopened the economy and the state moved beyond the Blueprint for a Safer Economy system. All sectors listed in the current Blueprint returned to usual operations based on general public health recommendations. Starting on June 15, capacity and distancing restrictions were lifted for most businesses and activities.

In March 2020, the City closed public access to many City facilities, consistent with the State and County health orders in effect at that time. City operations continued with adjusted programs and services, staffing levels and modified operations to support a predominantly remote work model in order to protect public safety and to limit the potential for exposure to the COVID-19 virus. The City has further modified its operations and guidelines based on the orders and guidelines that went into effect on June 15, 2021.

Governor’s Executive Order N-08-21 continues modifications of the Brown Act to allow for local legislative bodies to hold meetings via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, and supersedes the provisions previously set forth in Executive Order N-29-20, paragraph 3. These provisions of Executive Order N-08-21, subsection 42 shall apply though September 30, 2021.

On August 2, 2021, the Health Officer of the County of San Mateo issued Order No. C19-12 mandating the wearing of face coverings when indoors in workplaces and public settings, with limited exceptions. This Order was issued due to evidence of the SARS-CoV-2 B.1.617.2 (Delta) variant circulating in San Mateo County. This variant is highly transmissible in indoor settings. San Mateo County Health Order No. C19-12 was ordered effective at 12:01 am on August 3, 2021 and will continue to be in effect until extended, rescinded, superseded, or amended in writing by the Health Officer.

On September 16, 2021, Assembly Bill 361 (AB 361) was signed by the Governor and went into effect immediately upon signature as urgency legislation (codified under Government Code § 54953). AB 361 amends the Brown Act to provide additional provisions that allow meetings of 5 Packet Pg. 56
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legislative bodies to be conducted via teleconference.

Order No. C19-12 issued on August 2, 2021 by the Health Officer of the County of San Mateo mandating the wearing of face coverings when indoors in workplaces and public settings remains in effect. The City's current practices at City facilities conform to the Health Order currently in effect.

In late November 2021, a new concerning COVID-19 variant was discovered and identified as the Omicron variant. The Omicron variant spreads rapidly even amongst some vaccinated individuals.

In December 2021, in response to the rapid spread of the Omicron variant, the California Department of Public Health issued guidance requiring masking indoors through January 15, 2022. This requirement was subsequently extended to February 15, 2022.

On January 8, 2002, the California Department of Public Health issued Updated Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public (Link). This guidance updates isolation and quarantine recommendations in alignment with recommendations from the Centers for Disease Control and Prevention (CDC), recommends additional mitigation measures to exit isolation and quarantine, and clarifies that fully-vaccinated persons who are booster-eligible, but have not yet received their booster dose are now recommended to quarantine per updated CDC recommendations. The San Mateo County Health Department may adopt stricter guidance but has not done so as of the date of this report.

With COVID-19 case rates subsiding in early February 2022, on February 9, 2022, the County of San Mateo Health Officer announced that San Mateo County would align with the state in lifting its indoor mask mandate for vaccinated persons beginning February 16, 2022.

CURRENT ANALYSIS:

Effective March 1, 2022, the State revised its mask mandate requirement such that unvaccinated individuals are no longer required to mask in indoor public settings; however, it is strongly recommended that all persons, regardless of vaccine status, continue indoor masking.

Universal masking shall remain required in specified high-risk settings such as public transportation; health care settings; congregate settings; long term care facilities; and in K-12 schools and childcare settings. As of March 11, 2022, the universal masking requirement for K12 and Childcare settings was terminated.

FISCAL IMPACT:

None by this action; however, continuation of the local emergency will facilitate the ability for the City to request resources including financial support and reimbursement from the State Office of Emergency Services (OES) and Federal Emergency Management Agency (FEMA) for costs incurred in preparation and/or response to the COVID-19 outbreak.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:
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Attachment A: Resolution No 18-2020 - Ratifying Local Emergency Due to COVID-19 (PDF) 5 Packet Pg. 58

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/11/2022
1 SUBJECT:

Seamless Transit Transformation Act (SB 917)
RECOMMENDED ACTION:

Consider whether to authorize the Mayor to send a letter of support on behalf of the City Council for SB 917, the Seamless Transit Transformation Act, introduced by Senator Becker STAFF CONTACT:

Kevin Woodhouse, City Manager
(650) 738-7409
[email protected]
BACKGROUND/DISCUSSION:

At the April 12, 2021, City Council meeting, the Council adopted a resolution supporting the Seamless Transit Principles, a set of seven guiding principles developed to guide local, regional, and state decision-makers to pursue a seamlessly integrated, world-class transit system in the Bay Area.

On February 3, 2022, Senator Becker introduced SB 917, the Seamless Transit Transformation Act (Attachment A). In summary, SB 917 would require transit agencies in the region to work together to develop an integrated transit fare structure, create a Connected Network Plan to support schedule coordination and service standards, and develop a single regional transit map and standardized wayfinding system. A more detailed summary from Senator Becker’s press release is provided as Attachment B. Mayor pro Tem Bigstyck requested Council consideration of supporting SB 917.

SB 917 is a legislative proposal that seeks to put into motion many of the principles endorsed by the City Council in supporting the Seamless Transit Principles in April 2021. Therefore the City Manager recommends authorizing the Mayor to send a letter of support on behalf of the City Council for SB 917, the Seamless Transit Transformation Act.

ALTERNATIVE ACTION:

Due to time limitations, staff was not able to perform robust research into the details of SB 917, nor inquire into transit agencies’ viewpoints of the proposed legislation. Should the City Council desire staff to perform additional research, the Council could direct the City Manager to return at the next City Council meeting with more information.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

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Sustainability and A Healthy and Compassionate Community.

FISCAL IMPACT:

There is no fiscal impact as a result of the recommended action.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

Attachment A: Text of SB 917 (PDF)
Attachment B: Senator Becker Press Release re: SB 917 (PDF) 6 Packet Pg. 66
SEN
ATE BILL No. 917
Introduced by Senator Becker
(Principal coauthor: Assembly Member Quirk)
(Coauthors: Senators Dodd and Wiener)
(Coauthors: Assembly Members Lee, Levine, Mullin, and Ting) February 3, 2022
An act to amend Section 66502 of, and to add Sections 66513.5, 66516.1, 66516.7, and 66516.8 to, the Government Code, relating to transportation.
legislative counsel
’s digest
SB 917, as introduced, Becker. Seamless Transit Transformation Act.

Existing law creates the Metropolitan Transportation Commission, as a local area planning agency and not as a part of the executive branch of the state government, to provide comprehensive regional transportation planning for the region comprised of the City and County of San Francisco and the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma.

This bill would require the commission to develop and adopt a Connected Network Plan, adopt an integrated transit fare structure, develop a comprehensive, standardized regional transit mapping and wayfinding system, develop an implementation and maintenance strategy and funding plan, and establish open data standards, as specified. The bill would require the region’s transit agencies, as defined, to comply with those established integrated fare structure, regional transit mapping and wayfinding system, implementation and maintenance strategy and funding plan, and open data standards, as provided.

Under existing law, moneys in the Transportation Planning and Development Account and Public Transportation Account are

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Attachment: Attachment A: Text of SB 917 (4956 : Seamless Transit Transformation Act (SB 917) - Letter of Support) continuously appropriated to the Controller for allocation to transportation planning agencies, county transportation commissions, and the San Diego Metropolitan Transit Development Board for purposes of the State Transit Assistance Program. Existing law requires the Controller to allocate those moneys to those entities based on population and qualifying revenue, as specified.

This bill would make any of the region’s transit agencies ineligible for an allocation of those moneys if the commission determines that the transit agency is out of compliance with the integrated fare structure, regional transit mapping and wayfinding system, implementation and maintenance strategy and funding plan, or open data standards described above.

To the extent that this bill would mandate that a transit agency establish a new program or provide a higher level of service as part of an existing program, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. This act shall be known, and may be cited, as the line 2 Seamless Transit Transformation Act.
line 3 SEC. 2. The Legislature finds and declares all of the following:
line 4 (a) Transit connectivity and integration in the nine-county San line 5 Francisco Bay area has been a longstanding challenge. Legislative line 6 efforts to mandate and incentivize coordination between dozens line 7 of disparate transit agencies date back to 1996 and earlier. line 8 (b) Low-income residents, many of whom have experienced line 9 displacement and have long commutes requiring many transfers, line 10 are among the most adversely affected by the fragmentation, line 11 experiencing a significant financial burden from needing to pay 99 SB 917 —
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Attachment: Attachment A: Text of SB 917 (4956 : Seamless Transit Transformation Act (SB 917) - Letter of Support) line 1 multiple separate transit fares or being forced into costly vehicle line 2 ownership.
line 3 (c)  As of 2017, only 5 percent of all trips in the San Francisco line 4 Bay area were made using transit. Per-capita transit ridership in line 5 the region decreased 12 percent between 1991 and 2016. “Plan line 6 Bay Area 2050,” prepared by the Metropolitan Transportation line 7 Commission, has identified that to achieve climate, equity, and line 8 economic goals, the share of commuters who travel by transit must line 9 increase from 13 percent in 2015 to at least 20 percent by 2050. line 10 (d)  The COVID-19 pandemic has led to further ridership line 11 declines, due to both dramatic shifts in travel patterns and line 12 significant transit service cuts across the region. As the region line 13 emerges from the pandemic, transit ridership is recovering much line 14 more slowly than the economy as a whole; as of November 2021, line 15 transit ridership had recovered to just 40 percent of pre-COVID line 16 levels, while traffic on a majority of bay area bridges exceeded 90 line 17 percent of pre-COVID levels.
line 18 (e)  In response to the COVID-19 pandemic, in May 2020, the line 19 Metropolitan Transportation Commission convened a 32-member line 20 Blue Ribbon Transit Recovery Task Force composed of transit line 21 agency managers, advocates, and elected officials, to coordinate line 22 transit recovery efforts and identify reforms that would position line 23 the bay area’s transit system to emerge from the pandemic stronger line 24 and more connected than before and to help recover and grow line 25 transit ridership.
line 26 (f)  In July 2021, the task force unanimously approved the Bay line 27 Area Transit Transformation Action Plan, which included 27 line 28 actions to increase ridership and improve fares and payment, line 29 customer access to information, transit network management, line 30 accessibility, and funding.
line 31 (g)  In November 2021, the region’s Fare Integration Task Force, line 32 co-led by Bay Area transit agencies and the Metropolitan line 33 Transportation Commission, unanimously adopted a policy vision line 34 statement supporting the advancement of key fare integration line 35 policies, including deployment of an all-agency transit pass, line 36 reduced cost transfers, and a common fare structure for regional line 37 services.
line 38 (h)  Although the Legislature has generally authorized the line 39 Metropolitan Transportation Commission to set rules and line 40 regulations related to transit fare coordination and transit 99 — 3 — SB 917

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Attachment: Attachment A: Text of SB 917 (4956 : Seamless Transit Transformation Act (SB 917) - Letter of Support) line 1 connectivity, to ensure that the recommendations emerging from line 2 the Bay Area Transit Transformation Action Plan are implemented line 3 by the region’s transit agencies in a timely manner and for the line 4 benefit of current and future transit riders, this act is necessary. line 5 SEC. 3. Section 66502 of the Government Code is amended line 6 to read:
line 7 66502. (a)  There is hereby created, as a local area planning line 8 agency and not as a part of the executive branch of the state line 9 government, the Metropolitan Transportation Commission to line 10 provide comprehensive regional transportation planning for the line 11 region comprised of the City and County of San Francisco and the line 12 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, line 13 Santa Clara, Solano, and Sonoma.
line 14 As used in this title, “region” means the region described in this line 15 section.
line 16 (b)  For purposes of this title, the following definitions apply:
line 17 (1)  “Commission” means the Metropolitan Transportation line 18 Commission.
line 19 (2)  “Region” means the region described in subdivision (a). line 20 (3)  “Transit agency” means a public agency that meets all of line 21 the following requirements:
line 22 (A)  The public agency provides surface transportation service line 23 to the general public, complementary paratransit service to persons line 24 with disabilities as required pursuant to Section 12143 of Title 42 line 25 of the United States Code, or similar transportation service to line 26 people with disabilities or the elderly.
line 27 (B)  The public agency operates the service described in line 28 subparagraph (A) by bus, rail, ferry, or other conveyance on a line 29 fixed route, demand response, or otherwise regularly available line 30 basis.
line 31 (C)  The public agency generally charges a fare for the service line 32 described in subparagraph (A).
line 33 SEC. 4. Section 66513.5 is added to the Government Code, to line 34 read:
line 35 66513.5. (a)  The commission, in consultation with the region’s line 36 transit agencies, shall develop and adopt a Connected Network line 37 Plan on or before December 31, 2023.
line 38 (b)  The Connected Network Plan shall do all of the following:
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Attachment: Attachment A: Text of SB 917 (4956 : Seamless Transit Transformation Act (SB 917) - Letter of Support) line 1 (1)  Be consistent with the State Rail Plan required pursuant to line 2 Section 14036 and California Transportation Plan updated pursuant line 3 to Section 65071.
line 4 (2)  Identify connected network transit corridors and hubs of line 5 regional significance across the region.
line 6 (3)  Identify service-level standards for different parts of the line 7 network to optimize access across the region, particularly for line 8 low-income and transit-dependent populations, corresponding to line 9 different density and land use conditions, including by doing both line 10 of the following:
line 11 (A)  Identifying target travel times between key transit hubs, line 12 service frequencies, and operating hours for weekdays, Saturdays, line 13 and Sundays.
line 14 (B)  Quantifying access to jobs, housing, and other achievable line 15 opportunities.
line 16 (4)  Identify operating and capital funding needs associated with line 17 the Connected Network Plan.
line 18 (5)  Identify potential governance, institutional, or legislative line 19 changes that would support the Connected Network Plan. line 20 SEC. 5. Section 66516.1 is added to the Government Code, to line 21 read:
line 22 66516.1. (a)  (1)  Consistent with Section 66516, on or before line 23 December 31, 2023, the commission shall adopt an integrated line 24 transit fare structure that will become effective on or before July line 25 1, 2024. The integrated transit fare structure shall be developed in line 26 consultation with the regional transit coordinating council line 27 established pursuant to Section 29142.4 of the Public Utilities line 28 Code.
line 29 (2)  The commission, in consultation with the region’s transit line 30 agencies, shall annually review the integrated transit fare structure line 31 to determine if updates are necessary.
line 32 (3)  Each of the region’s transit agencies shall comply with the line 33 integrated transit fare structure.
line 34 (b)  The integrated fare structure shall include all of the line 35 following:
line 36 (1)  No-cost local-local and local-regional transfers, regardless line 37 of whether transfers are between the same transit agency or line 38 multiple transit agencies.
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Attachment: Attachment A: Text of SB 917 (4956 : Seamless Transit Transformation Act (SB 917) - Letter of Support) line 1 (2)  A common fare structure for regional services by which line 2 trips involving one or more regional services are priced line 3 equivalently.
line 4 (3)  Common transfer rules for local fares, such as means for line 5 validation.
line 6 (4)  Common definitions for adults, youth, seniors, persons with line 7 disabilities, and other categories.
line 8 (5)  A multi-agency pass, which may include a cap, that allows line 9 access to all services provided by the region’s transit agencies on line 10 a daily or monthly basis for one set price.
line 11 (6)  A simplified system for local transit fares across the region, line 12 whereby the differences in local transit fares are minimized and line 13 intersecting local transit services have the same fares. line 14 (c)  On or before October 1 of each year, each of the region’s line 15 transit agencies shall notify the commission of any proposed line 16 change to its fares in order to facilitate the alignment of fare line 17 policies across the region’s transit agencies in the integrated transit line 18 fare structure for the following year. The commission shall line 19 disseminate that information to all of the region’s transit agencies. line 20 (d)  Consistent with Section 99314.7 of the Public Utilities Code, line 21 if the commission determines that one of the region’s transit line 22 agencies is out of compliance with the integrated fare structure line 23 described in subdivision (a), then that transit agency shall not be line 24 eligible to receive funds pursuant to Section 99313 or 99314 of line 25 the Public Utilities Code.
line 26 (e)  This section does not prohibit a transit agency from offering line 27 free transit.
line 28 SEC. 6. Section 66516.7 is added to the Government Code, to line 29 read:
line 30 66516.7. (a)  The Legislature finds and declares both of the line 31 following:
line 32 (1)  The lack of a universal regional transit map and common line 33 wayfinding format at transit stops and stations in the region adds line 34 to the fragmented experience transit riders encounter, especially line 35 when planning a trip across multiple transit agencies. line 36 (2)  Research has shown that the way transit lines and stations line 37 are displayed on maps strongly influences how travelers use the line 38 system.
line 39 (b)  (1)  The commission, in consultation with the region’s transit line 40 agencies, shall, on or before July 1, 2024, do both of the following:
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Attachment: Attachment A: Text of SB 917 (4956 : Seamless Transit Transformation Act (SB 917) - Letter of Support) line 1 (A)  De
velop a comprehensive, standardized regional transit
line 2 mapping and wayfinding system, including common branding for line 3 regional transit service and a shared digital mapping platform. line 4 Standards and resources shall be developed to display this line 5 information on print, digital, and interactive media. The system line 6 shall identify the standards that are required and the standards that line 7 allow for customization.
line 8 (B)  Develop an implementation and maintenance strategy and line 9 funding plan to deploy the comprehensive, standardized regional line 10 transit mapping and wayfinding system. The commission may line 11 adopt a phased deployment of the system.
line 12 (2)  Each of the region’s transit agencies shall implement and line 13 comply with the comprehensive, standardized regional transit line 14 mapping and wayfinding system and implementation and line 15 maintenance strategy and funding plan developed pursuant to this line 16 subdivision.
line 17 (c)  Each of the region’s transit agencies shall use only the line 18 comprehensive, standardized regional transit mapping and line 19 wayfinding system by July 1, 2025, unless the commission adopts line 20 a schedule that sets out an alternate deployment timeline. line 21 (d)  If the commission determines that one of the region’s transit line 22 agencies is out of compliance with subdivision (b), then that transit line 23 agency shall not be eligible to receive funds pursuant to Section line 24 99313 or 99314 of the Public Utilities Code.
line 25 SEC. 7. Section 66516.8 is added to the Government Code, to line 26 read:
line 27 66516.8. (a)  The Legislature finds and declares all of the line 28 following:
line 29 (1)  Studies have shown that travelers view the wait time at a line 30 transit stop as the most inconvenient part of the transit journey line 31 experience.
line 32 (2)  Despite best efforts by the region’s transit agencies to adhere line 33 to their published schedules, the conditions on the roadway, line 34 including congestion and other unplanned delays, create line 35 unpredictability for on-time arrivals.
line 36 (3)  The development of technology enabling real-time transit line 37 information, including arrival and departure predictions, vehicle line 38 locations, occupancy, and service alerts, has created an opportunity line 39 for the region’s transit agencies to alleviate the wait-time line 40 frustrations and provide riders with other useful trip information. 99 — 7 — SB 917

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Attachment: Attachment A: Text of SB 917 (4956 : Seamless Transit Transformation Act (SB 917) - Letter of Support) line 1 (4)
Transit riders should have access to consistent and uniform line 2 real-time information across all transit services in the region. line 3 (b)  (1)  On or before January 1, 2023, the commission shall line 4 establish open data standards, in consultation with the regional line 5 transit coordinating council established pursuant to Section 29142.4 line 6 of the Public Utilities Code, that are aligned with, but may exceed, line 7 any data standards adopted by the state to provide real-time transit line 8 vehicle location, arrival and departure predictions, and service line 9 alerts data to transit riders.
line 10 (2)  Each of the region’s transit agencies shall comply with the line 11 standards established pursuant to this subdivision. line 12 (c)  The commission shall coordinate the activities of the region’s line 13 transit agencies pursuant to subdivision (b), serve as the region’s line 14 point of contact for data development and dissemination to third line 15 parties, and develop an implementation and funding plan for line 16 deployment of real-time information.
line 17 (d)  If the commission determines that one of the region’s transit line 18 agencies is out of compliance with subdivision (b), then that transit line 19 agency shall not be eligible to receive funds pursuant to Section line 20 99313 or 99314 of the Public Utilities Code.
line 21 SEC. 8. If the Commission on State Mandates determines that line 22 this act contains costs mandated by the state, reimbursement to line 23 local agencies and school districts for those costs shall be made line 24 pursuant to Part 7 (commencing with Section 17500) of Division line 25 4 of Title 2 of the Government Code.

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Attachment: Attachment A: Text of SB 917 (4956 : Seamless Transit Transformation Act (SB 917) - Letter of Support)

SENATOR JOSH BECKER INTRODUCES BILL TO

TRANSFORM TRANSIT IN THE BAY AREA
Fe b ru a ry 3, 20 22
Le g isla t ion w o u ld re q u ire g re a t e r t ra n sit a g e n c y c o o rd in a t ion le a d in g t o a m o re re lia b le , a p p e a lin g e xp e rie n c e fo r rid e rs SACRAMENTO—Se n a tor Josh Be cke r tod a y in t rod u ce d a b ill t o cre a te a m ore se a m le ss in t e g ra t e d Ba y Are a t ra n sit syst e m t h a t w o rks b e t t e r fo r rid e rs a n d u ltim a t e ly d ra w s m ore m e m b e rs of th e p u b lic b a ck on t o t ra n sit .

Se n a t e Bill 917 w ou ld re q u ire t ra n sit a g e n cie s in th e re g ion t o w ork tog e t h e r t o d e ve lop a n in t e g ra t e d t ra n sit fa re st ru ct u re , cre a te a Co n n e ct e d Ne t w o rk P la n t o su p p o rt sch e d u le coord in a t ion a n d se rvice st a n d a rd s, a n d d e ve lop a sin g le re g ion a l t ra n sit m a p a n d st a n d a rd ize d w a yfin d in g syst e m .
“W e m u st a ct q u ickly to e n t ice rid e rs b a ck t o p u b lic t ra n sit—a n d p u t t h e rid e r e xp e rie n ce fron t a n d ce n te r,” sa id Se n a t o r Be cke r, D-P e n in su la . “W h ile ou r t ra n sit a g e n cie s h a ve m a d e g re a t st rid e s in th e p a st fe w ye a rs w ith th e ir re n e w e d com m it m e n t t o in te g ra tion , t h e re is m u ch m o re w ork t o b e d on e . “Rig h t n ow , rid in g t ra n sit in ou r re g ion ca n b e a d isjoin t e d a n d u n re lia b le e xp e rie n ce .

Th is le g isla t ion w ill h e lp t ra n sform ou r syst e m in t o a w orld -cla ss, se a m le ss e xp e rie n ce for t h e p u b lic, w h ile re d u cin g g re e n h ou se g a s e m ission s a n d im p rovin g a cce ss t o job s a n d h ou sin g for re sid e n t s.”
Cu rre n tly, th e re a re 27 in d e p e n d e n t t ra n sit a g e n cie s op e ra tin g in th e n in e -coun ty Bay Are a . Tra n sit a g e n cie s u se d iffe re n t fa re st ru ct u re s, d isco u n t s, loya lty p ro g ra m s, w a yfin d in g a p p s, m a p p in g , a n d b ra n d in g syst e m s. A la ck of sch e d u le coord in a t ion a n d real-t im e t ra n sit d a t a a cross a g e n cie s ca n m a ke t ra n sfe rrin g u n re lia b le a n d ca n le a ve rid e rs st ra n d e d . Th e fra g m e n t e d n a t u re of se rvice le a d s to a con fu sin g , in tim id a t in g , a n d oft e n ch a otic e xp e rie n ce for Ba y Are a rid e rs.

De sp it e su b st a n tia l in ve st m e n t in t ra n sp ort a tion in fra st ru ct u re ove r se ve ra l d e ca d e s, Ba y Are a t ra n sit com m u t e s h a ve n ot im p rove d a n d rid e rsh ip h a s n ot in cre a se d . Be t w e e n 20 0 1 a n d 20 16, Ba y Are a b u s sp e e d s d e cre a se d b y 9% w h ile com m u te t im e s in cre a se d b y 11%. On ly 12% o f t h e p op u la tio n h a ve u se d t ra n sit to co m m u te sin ce 1970 . Be t w e e n 20 16 a n d 20 18 , rid e rsh ip a cross Ba y Are a p u b lic t ra n sit syste m s fe ll b y 5.2%. In com p a rison , re g ion s w it h h ig h ly in te g ra t e d n e t w orks o f loca l a n d re g ion a l t ra n sit se rvice s, like Se a t tle or Lon d on , h a ve con sist e n t ly h ig h le ve ls of t ra n sit rid e rsh ip .

SB 917 w ill in st ru ct th e Me t rop olita n Tra n sp orta t ion Com m ission (MTC) a n d t ra n sit a g e n cie s t o w ork t og e th e r t o cre a t e a n in t e g ra t e d fa re st ru ctu re th a t w ou ld b e com e e ffe ctive Ju ly 1, 20 24 , a n d a d ju ste d a n n u a lly th e re a ft e r. Th e in t e g ra te d fa re st ru ct u re m u st in clu d e n o-co st lo ca l-loca l a n d loca l-re g io n a l t ra n sfe rs a cro ss th e sa m e a n d m u ltip le t ra n sit a g e n cie s – e n d in g th e cu rre n t “t ra n sfe r p e n a lt y” th a t re su lts w h e n p e op le e n d u p p a yin g for d ou b le or t rip le fa re s n o m a tt e r th e le n g th of th e ir re sp e ct ive t rip se g m e n ts. Th is p olicy b u ild s on th e im p orta n t w ork of th e MTC Fa re In t e g ra t ion Ta sk

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Attachment: Attachment B: Senator Becker Press Release re: SB 917 (4956 : Seamless Transit Transformation Act (SB 917) - Letter of Support) Force , w h ich re com m e n d e d th is ch a n g e a lon g w ith oth e r im p rove m e n ts t o fa re p olicy in clu d e d in th e b ill.

SB 917 w ou ld fu rth e r re q u ire th e d e sig n of a sin g le re g ion a l t ra n sit m a p , sta n d a rd ize d w a yfin d in g m e ch a n ism s, a n d re p ort in g of re a l-t im e t ra n sit d a t a a cro ss th e re g io n . Th e b ill w ou ld a lso d ire ct MTC a n d t ra n sit a g e n cie s t o cre a t e a Con n e cte d Ne t w ork P la n t o id e n t ify a n e t w ork of re g ion a l a n d loca l corrid ors th a t n e e d se rvice -le ve l st a n d a rd s a n d im p rove m e n t s. Th is Con n e ct e d Ne t w ork P la n w ou ld e ve n t u a lly su p p ort cre a tion of a re g io n a l b u s ra p id t ra n sit syst e m .

Th e Ba y Are a h a s a lre a d y se e n th e t a n g ib le b e n e fits of in itia l a g e n cy coord in a t ion ove r t h e p a st ye a r, a s Ca lt ra in h a s a lig n e d sch e d u le s w ith BART a t Millb ra e st a t ion , a n d Gold e n Ga t e Tra n sit h a s p rovid e d loca l se rvice w ith in Sa n Fra n cisco for t h e first t im e . SB 917 b u ild s on th a t im p ort a n t w ork, a n d th e w ork of th e MTC Blu e Rib b on Tra n sit Re cove ry Ta sk Force a n d Fa re In te g ra tion Ta sk Force , t o a d d re ss lon g st a n d in g ch a lle n g e s a n d p oor coord in a t ion a m on g th e re g ion ’s t ra n sit syst e m s.

SB 917 is sp on sore d b y Se a m le ss Ba y Are a , t h e Ba y Are a Cou n cil, a n d Tra n sForm . It is a lso su p p ort e d b y a b roa d coa lit ion of Ba y Are a t ra n sit a d voca t e s. Asse m b lym e m b e r Bill Qu irk, D-Ha yw a rd , is a p rin cip a l coa u th or of SB 917. Oth e r coa u th ors in clu d e Se n a t or Bill Dod d , D-Na p a , Se n a t o r Scot t W ie n e r, D-Sa n Fra n cisco, Asse m b ly Sp e a ke r P ro Te m p ore Ke vin Mu llin , D-So u th Sa n Fra n cisco, Asse m b lym e m b e r Ale x Le e , D-Sa n Jose , a n d Asse m b lym e m b e r Ma rc Le vin e , D-Ma rin Cou n t y, a n d Asse m b lym e m b e r P h il Tin g , D-San Fra n cisco.
“Th e Se a m le ss Tra n sit Tra n sform a tion Act p rovid e s cle a r d e a d lin e s for com m on -sense p olicie s like in t e g ra tin g t ra n sit fa re s a n d sig n a g e th a t w ill m a ke ou r t ra n sit syst em e a sie r t o u se , m ore e q u it a b le , a n d m ore a cce ssib le , a n d w h ich h a ve a lre a d y b e e n u n a n im ou sly a p p rove d b y th e re g ion ’s Blu e Rib b on Tra n sit Re cove ry Ta sk Force ,” sa id Ia n Griffith s, p olicy d ire ct or of Se a m le ss Ba y Are a . “Th is b ill p rovid e s a cle a r tim e lin e for a ction t o h e lp re -a tt ra ct rid e rs to t ra n sit a s w e re cove r fro m th e p a n d e m ic.” “As w e m ove p a st COVID, it’s critica l w e g e t com m u t e rs b a ck on p u b lic t ra n sit . Ma kin g t ra n sit a s e a sy, a fford a b le a n d con ve n ie n t for e ve ryon e t o u se is p a ra m ou n t in th a t e ffort a n d b e tt e r in te g ra tin g fa re s is on e of th e m ost cost-e ffe ctive , co m m on -se n se t oo ls fo r m a kin g t h a t h a p p e n ,” sa id Ba y Are a Cou n cil P re sid e n t a n d CEO Jim W u n d e rm a n . “Fa re in t e g ra t ion is lon g ove rd u e in th e Ba y Are a a n d th e Ba y Are a Cou n cil is p rou d t o se rve as a sp on sor of t h e Se a m le ss Tra n sit Tra n sform a tion Act , SB 917.” "As th e Ba y Are a 's a fford a b ilit y crisis p u sh e s m ore folks ou t of u rb a n ce n te rs, t h e p e op le p a yin g th e m ost for t ra n sp orta t ion a re th e le a st a b le t o p a y,” sa id Ha yle y Cu rrie r, p olicy ad voc a cy m a n a g e r w ith Tra n sFo rm . “Th is b ill m a ke s fa re s fa ir a n d e n su re s t ra n sit is m o re a cce ssib le a n d e a sie r to u se . Th e Se a m le ss Tra n sit Tra n sform a t ion Act is h e lp in g t o b u ild a syst e m th a t is m o re re lia b le a n d m o re e q u ita b le ." “SP UR st ron g ly su p p o rt s e ffo rts t o im p le m e n t t h e Ba y Are a Tra n sit Tra n sform a t ion Action P la n , w h ich w ill im p rove t ra n sit for a ll w h o ca ll t h e Ba y Are a h om e ,” sa id Jon a th on Ka ss, SP UR's t ra n sp orta t ion p olicy m a n a g e r. “Th e p a st t w o ye a rs h a ve sh ow n w h a t w e

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Attachment: Attachment B: Senator Becker Press Release re: SB 917 (4956 : Seamless Transit Transformation Act (SB 917) - Letter of Support) a ch ie ve w h e n w e w ork t og e th e r, a n d w e a re g ra t e fu l for th e se n a t or's le a d e rsh ip a n d in t e re st in con tin u in g th a t colla b ora tion .” SB 917 is e xp e ct e d to b e h e a rd in th e Se n a t e Tra n sp orta tion Com m itte e in th e sp rin g . ###
Th e t e xt of SB 917 w ill b e a va ila b le a t : https://leginfo.legislature.ca.gov/ Me d ia Con t a ct: Le slie Gu e va rra , [email protected], 4 15-298-3404

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Attachment: Attachment B: Senator Becker Press Release re: SB 917 (4956 : Seamless Transit Transformation Act (SB 917) - Letter of Support)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/11/2022
1 SUBJECT:

Homeowners Relief Act (SB 847)
RECOMMENDED ACTION:

Consider whether to authorize the Mayor to send a letter of support on behalf of the City Council for SB 847, the Homeowners Relief Act, introduced by Senator Hurtado.

STAFF CONTACT:

Kevin Woodhouse, City Manager
(650) 738-7409
[email protected]
BACKGROUND/DISCUSSION:

On January 13, 2022, Senator Hurtado introduced SB 847, the Homeowners Relief Act (Attachment A). In summary, SB 847 aims to close the coverage gap for tenants and homeowners who have applied and been rejected from the state rental assistance program to help with pandemic-induced financial hardships. It proposes to establish a grant program to be administered by the California Department of Housing and Community Development to assist homeowner applicants. A more detailed summary from Senator Hurtado press release is provided as Attachment B. Throughout the pandemic, Councilmembers have expressed interest in solutions that provide assistance to both tenants and homeowners and that help keep rental properties on the rental market. Therefore Council consideration of supporting SB 847 has been agendized.

ALTERNATIVE ACTION:

Due to time limitations, staff was not able to perform robust research into the details of SB 847.

Should the City Council desire staff to perform additional research, the Council could direct the City Manager to return at the next City Council meeting with more information.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

If this legislation were to pass, it would support the City Council’s goal of A Healthy and Compassionate Community.

FISCAL IMPACT:

There is no fiscal impact as a result of the recommended action.

ORIGINATED BY:

City Manager's Office
7 Packet Pg. 78
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ATTACHMENT LIST:

Attachment A: Text of SB 847 (PDF)
Attachment B: SB 847 Fact Sheet (PDF)
7 Packet Pg. 79
AMENDED IN SENATE MARCH 28, 2022
SENATE BILL No. 847
Introduced by Senator Hurtado
January 13, 2022
An act to add and repeal Chapter 17.1 (commencing with Section 50897.9) to of Part 2 of Division 31 of the Health and Safety Code, relating to tenancy.
legislative counsel’s digest
SB 847, as amended, Hurtado. COVID-19 relief: tenancy: grant program.

Existing law, the COVID-19 Tenant Relief Act, until October 1, 2025, establishes procedural requirements and limitations on evictions for nonpayment of rent due to COVID-19 rental debt, as defined. Existing law, among other things, prohibits a tenant that delivers to a landlord or files with the court a declaration, under penalty of perjury, of COVID-19-related financial distress, as defined, from being deemed in default with regard to the COVID-19 rental debt, as prescribed.

Existing law, the State Rental Assistance Program, establishes a program for providing rental assistance, using funding made available pursuant to federal law, administered by the Department of Housing and Community Development.

This bill would, until January 1, 2025, create a grant program under the administration of the department and would require the department to award a program grant, as defined, to a qualified applicant who submits a complete application, as defined, on a first-come, first-served basis. basis, except that the bill would require the program to provide grants to all tier one applicants, as defined, before providing grants to other applicants. The bill would define “qualified applicant” to mean

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Attachment: Attachment A: Text of SB 847 (4957 : Homeowners Relief Act (SB 847) - Letter of Support) a landlord who satisfies certain criteria, including that the landlord has applied for rental assistance funds pursuant to the State Rental Assistance Program and either received a negative final decision, as specified, or the landlord has been notified that an application to the State Rental Assistance Program was submitted, as specified, but 20 days have passed without a final decision being rendered. The bill would also establish a fund, the moneys in which would be available upon appropriation by the Legislature for the purposes of awarding program grants to qualified applicants.

This bill would require a complete application to include, among other things, a statement, signed under penalty of perjury, by the landlord making certain attestations, including that a program grant constitutes full satisfaction of the tenant’s obligation to the landlord with respect to the COVID-19 rental debt, as defined. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the line 2 following:
line 3 (a) As of July 2021, more than 1,800,000 property owners were line 4 behind on their mortgages. Many of these property owners are line 5 landlords. When federal mortgage forbearance ends, these landlords line 6 may be forced to remove their rental units from the market and line 7 sell them in order to avoid foreclosure.
line 8 (b) The State Rental Assistance Program (program) provides line 9 rental assistance only for tenants who make less than or equal to line 10 80 percent of the area median income. There are still many line 11 landlords with tenants who are behind on their rent and who will line 12 not qualify for any form of government rental assistance because line 13 they earned too much money to qualify for the program. 98 SB 847 —
2 —

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Attachment: Attachment A: Text of SB 847 (4957 : Homeowners Relief Act (SB 847) - Letter of Support) line 1 (c)  Although the program has been accepting rental assistance line 2 applications for most of 2021, payment to landlords and tenants, line 3 especially small landlords who are in desperate financial straits, line 4 has been untenably slow.
line 5 (d)  Some tenants have claimed a COVID-19 hardship and yet line 6 do not qualify for rental assistance. Unfortunately, the COVID-19 line 7 Tenant Relief Act (CTRA) self-certification process allows only line 8 tenants to state their cases with no ability for landlords to challenge line 9 a self-certification of COVID-19-related financial distress. line 10 (e)  Upon the expiration of CTRA, tenants with rental debt who line 11 do not qualify for the program may face small claims judgments line 12 that will unnecessarily burden their financial stability. line 13 SEC. 2. Chapter 17.1 (commencing with Section 50897.9) is line 14 added to Part 2 of Division 31 of the Health and Safety Code, to line 15 read:
line 16
line 17 Chap
ter 17.1. COVID-19 Tenancy Grant Program
line 18
line 19 50897.9. As used in this chapter:
line 20 (a)  “Complete application” means an application for a program line 21 grant that satisfies all of the provisions of Section 50897.11. line 22 (b)  “Covered time period” means the time period between March line 23 1, 2020, and September 30, 2021.
line 24 (c)  “COVID-19 rental debt” means unpaid rent or any other line 25 unpaid financial obligation of a tenant under the tenancy that came line 26 due during the covered time period.
line 27 (d)  “Department” means the Department of Housing and line 28 Community Development.
line 29 (e)  “Landlord” means any of the following or the agent of any line 30 of the following:
line 31 (1)  An owner of residential real property.
line 32 (2)  An owner of a residential rental unit.
line 33 (3)  An owner of a mobilehome park.
line 34 (4)  An owner of a mobilehome park space or lot. line 35 (f)  “Program grant” means a grant of an amount equal to 100 line 36 percent of a COVID-19 rental debt owed to a qualified applicant. line 37 (g)  (1)   “Qualified applicant” means a landlord who satisfies line 38 any of the following criteria:
line 39 (1)
98 — 3 — SB 847

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Attachment: Attachment A: Text of SB 847 (4957 : Homeowners Relief Act (SB 847) - Letter of Support) line 1 (A)  The landlord has applied for rental assistance funds pursuant line 2 to the State Rental Assistance Program and either of the following line 3 is true:
line 4 (A)
line 5 (i)  The landlord has been notified of a negative final decision line 6 pursuant to paragraph (3) of subdivision (r) of Section 50897.1. line 7 (B)
line 8 (ii)  The landlord has been notified pursuant to paragraph (2) of line 9 subdivision (r) of Section 50897.1 that a completed application line 10 for rental assistance has been submitted by the landlord or the line 11 tenant, and both of the following are true:
line 12 (i)
line 13 (I)  Twenty days have passed since the application was submitted. line 14 (ii)
line 15 (II)  A final decision on the application has not been rendered. line 16 (2)
line 17 (B)  The landlord has obtained a civil money judgment against line 18 a tenant for COVID-19 rental debt.
line 19 (2)  (A)  A landlord is a “tier one applicant” if the landlord is line 20 a qualified applicant that is not any of the following:
line 21 (i)  A real estate investment trust, as defined in Section 856 of line 22 the Internal Revenue Code.
line 23 (ii)  A corporation.
line 24 (iii)  A limited liability company in which at least one member line 25 is a corporation.
line 26 (iv)  An owner who has requested more than one hundred line 27 thousand dollars ($100,000) in grants from the program. line 28 (B)  Notwithstanding subdivision (b) of Section 50897.10, the line 29 program shall provide grants to all tier one applicants before line 30 providing grants to other applicants.
line 31 (h)  “State Rental Assistance Program” means the rental line 32 assistance program created by Chapter 17 (commencing with line 33 Section 50897), including Option A, Option B, and Option C line 34 grantees.
line 35 50897.10. (a)  The COVID-19 Tenancy Grant Program is line 36 hereby created under the administration of the department. line 37 (b)  The department shall award a program grant to a qualified line 38 applicant who submits a complete application on a first-come, line 39 first-served basis.
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Attachment: Attachment A: Text of SB 847 (4957 : Homeowners Relief Act (SB 847) - Letter of Support) line 1 (c)  A program grant awarded pursuant to this section shall be line 2 deemed to satisfy a civil money judgment for COVID-19 rental line 3 debt that is the subject of the application with respect to which the line 4 grant was awarded.
line 5 50897.11. An application for a program grant submitted to the line 6 department shall meet all of the following criteria:
line 7 (a)  The application shall include an explanation as to why the line 8 landlord is a qualified applicant and any of the following evidence, line 9 if applicable, supporting that explanation:
line 10 (1)  Proof that a landlord applied to the State Rental Assistance line 11 Program.
line 12 (2)  Proof of a final decision rendered by the State Rental line 13 Assistance Program.
line 14 (3)  A copy of a civil judgment against the tenant. line 15 (b)  The application shall include a statement, signed under line 16 penalty of perjury, by the landlord attesting to both of the line 17 following:
line 18 (1)  A program grant constitutes full satisfaction of the tenant’s line 19 obligation to the landlord with respect to the COVID-19 rental line 20 debt.
line 21 (2)  The amount requested in the application is the actual amount line 22 of COVID-19 rental debt owed by the tenant.
line 23 50897.12. A landlord who receives a program grant pursuant line 24 to this chapter shall return the amount of that grant to the line 25 department if the landlord receives money from the State Rental line 26 Assistance Program for the tenant and property for which the line 27 program grant was awarded.
line 28 50897.13. (a)  The COVID-19 Tenancy Grant Program Fund line 29 is hereby established within the Treasury.
line 30 (b)  Moneys in the fund shall be available, upon appropriation line 31 by the Legislature, for the purpose of awarding program grants to line 32 qualified applicants pursuant to this chapter.
line 33 50897.14. (a)  The department may adopt, amend, and repeal line 34 rules, guidelines, or procedures necessary to administer the line 35 provisions of this chapter.
line 36 (b)  The adoption, amendment, or repeal of rules, guidelines, or line 37 procedures authorized by this subdivision are exempt from the line 38 rulemaking provisions of the Administrative Procedure Act line 39 (Chapter 3.5 (commencing with Section 11340) of Part 1 of line 40 Division 3 of Title 2 of the Government Code).
98 — 5 — SB 847

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Attachment: Attachment A: Text of SB 847 (4957 : Homeowners Relief Act (SB 847) - Letter of Support) line 1 50897.15. This chapter shall remain in effect until January 1, line 2 2025, and as of that date is repealed.
line 3 SEC. 3. No reimbursement is required by this act pursuant to line 4 Section 6 of Article XIIIB of the California Constitution because line 5 the only costs that may be incurred by a local agency or school line 6 district will be incurred because this act creates a new crime or line 7 infraction, eliminates a crime or infraction, or changes the penalty line 8 for a crime or infraction, within the meaning of Section 17556 of line 9 the Government Code, or changes the definition of a crime within line 10 the meaning of Section 6 of Article XIII B of the California line 11 Constitution.

O
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Attachment: Attachment A: Text of SB 847 (4957 : Homeowners Relief Act (SB 847) - Letter of Support) Senate Bill 847
Homeowners Relief Act
Introduced Jan 13, 2022

SUMMARY
SB 847 closes the coverage gap for tenants
and homeowners who have applied and been
rejected from the state rental assistance
program.

THE PROBLEM
As of July 2021, more than 1.8 million
homeowners were behind on their
mortgages. Many of these homeowners own
rental property. When federal mortgage
forbearance ends, they may be forced to
remove their rental units from the market
and sell them in order to avoid foreclosure.

BACKGROUND
The Federal Emergency Rental Assistance
Program has provided $5.2 Billion to
California to pay rent for some low-income
tenants who have been unable to pay their
rent. The Program only provides rental
assistance for tenants who make less than or
equal to 80% of the area median income
(“AMI”).

There are property owners with tenants who
are behind on their rent but will never
receive any form of government rental
assistance because they earn too much
money to qualify for the Program.

At the same time, California law allowed
tenants to pay just 25 percent of their past
rent, and in return, they received permanent
protection from eviction for the remainder of
the unpaid rent. They are not required to
apply for funding through the Rental
Assistance Program. Rental property owners
can attempt to collect unpaid rent from the
tenant by filing a small claims court action,
but they are not allowed to evict the tenant.

Local governments continue to enforce even
stricter eviction bans. In the City of Los
Angeles, homeowners are not allowed to
evict a tenant who has claimed a COVID
hardship for nonpayment of rent or collect
until June 2023, even if the tenant has not
paid the 25 percent required by state law. In
Alameda County, homeowners are
prohibited from ever evicting any tenants for
non-payment of rent due during the
moratorium period – which is in effect
indefinitely – even if the tenant did not
experienced a COVID hardship.

SOLUTION
SB 847 establishes a grant program,
administered by the Department of Housing
and Community Development that allows
for distribution of funds to homeowner
applicants, upon appropriation by the
Legislature.

FOR MORE INFORMATION
Marisol Ibarra, Legislative Director
Office of Senator Melissa Hurtado
[email protected]; (916) 651-4014

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Attachment: Attachment B: SB 847 Fact Sheet (4957 : Homeowners Relief Act (SB 847) - Letter of Support)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/11/2022
1 SUBJECT:

Reclassify a Vacant Financial Services Manager position to a Deputy Finance Director in the Administrative Services Department and Establish the Job Classification and Salary Schedule for the Position.

RECOMMENDED ACTION:

Adopt a resolution to reclassify the vacant Financial Services Manager position to a Deputy Finance Director classification within the Administrative Services Department and adopt the Deputy Finance Director job classification and salary schedule.

STAFF CONTACT:

Irene Camarena, HR Manager
650-738-7303
[email protected]
Yulia Carter, Chief Financial Sustainability Officer
650-738-7402
[email protected]
BACKGROUND/DISCUSSION:

The current Financial Services Manager position serves a critical role for all departments within the City with responsibilities over day-to-day financial operations, general ledger, payroll, accounts payable and receivable, budget, and mandated financial reporting. The Financial Services Manager position became vacant in December 2021 due to retirement.

The City has conducted two unsuccessful recruitments with no viable candidates to fill this role.

There is an apparent shortage and high demand pressures in the Bay Area for experienced Accounting professionals. Many municipal agencies are currently experiencing similar recruitment challenges. Several Bay Area Cities ran similar recruitments at the same time with a more competitive salary and benefits packages. Unfortunately, positions in the financial services category are one of the toughest to fill in the Bay Area.

As part of the Midyear Budget review, the City Manager recommended upgrading this position to a Deputy Finance Director position to better match the City's needs. It will strengthen the Finance Department and provide a higher level of expertise and additional support to the Chief Financial Sustainability Officer. The new classification title is consistent with the organizational structure in other departments citywide and will fall under the unrepresented management and confidential employees' group. Staff believes that the new classification would allow the City to stay competitive and attract a top talent-qualified pool of candidates. The Council has already approved this recommendation as a matter of position control as part of the midyear budget review on March 14, 2022, with the understanding that staff would bring forward a job 8 Packet Pg. 87
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April 11, 2022
description and salary schedule for Council's adoption at a subsequent meeting.

Article 4, Section 2-4.401 - Establishment of the Municipal Code establishes the procedures for the City Manager, as Personnel Officer, to create and revise a position classification plan. Any new or revised classification is officially established upon adoption by the City Council. If the Council approves the new job classification and salary schedule, the City will proceed with the recruitment.

FISCAL IMPACT:

Salary ranges for all City positions are established by City policy, which is set at an average salary of ten (10) previously negotiated and agreed upon comparison agencies. Based on the analysis of the comparison agencies, the salary range for the Deputy Finance Director classification averages $11,176 - 14,065 per month. However, in order to bring this position within 5% of the existing Deputy Director series, staff applied an internal alignment adjustment of 2% to the ranges above and also adjusted the bottom step to reduce the spread of the range.

The new Deputy Finance Director's monthly salary range would be set at $11,980 - $14,346.

The maximum fiscal impact of this reclassification is about $22,700 (based on the top step comparison). However, the actual fiscal impact will be dependent on the future employee's placement salary step with the organization. Based on the City's current practices, most appointments are made at the mid-range salary scale, so the actual annual cost is likely to be lower in the first few years of the position being filled.

Financial Services Manager Deputy Finance Director
Current Scale Proposed Scale
$10,323 - $12,735 $11,980 - $14,346
ORIGINATED BY:

Human Resources
Administrative Services
Finance Department
ATTACHMENT LIST:

Attachment A: RESOLUTION - Reclassify Financial Services Manager to Deputy Finance Director (DOC)
Attachment B: Deputy Finance Director Job Description (PDF) 8 Packet Pg. 88
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

AUTHORIZING THE RECLASSIFICATION OF A VACANT FINANCIAL

SERVICES MANAGER POSITION TO DEPUTY FINANCE DIRECTOR
WHEREAS, Article 4, Section 2-4.401 of the Pacifica Municipal Code establishes a civil service personnel system and procedures for the administration of personnel matters; and WHEREAS, said Chapter requires that the City Manager, as Personnel Officer, prepare and recommend to the City Council a position classification plan, class specifications, and revisions thereto; and
WHEREAS, said Chapter requires that personnel rules and policies be adopted by resolution of the City Council; and
WHEREAS, Financial Services Manager position became vacant in December 2021, and the reclassification of the position to Deputy Finance Director will improve the service level provided by the Finance Department; and the new classification is consistent with the organizational structure of other departments
NOW, THEREFORE, be it resolved by the City Council of the City of Pacifica, California, that the vacant Financial Services Manager position in Administrative Services Department is hereby reclassified into a Deputy Finance Director position, and Classification Plan is hereby amended to add the new classification and the salary schedule to the Unrepresented Management and Confidential Employees MOU;
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 11th day of April, 2022, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney Financial Services Manager Deputy Finance Director
Current Scale Proposed Scale
$10,323 - $12,735 $11,980 - $14,346

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Attachment: Attachment A: RESOLUTION - Reclassify Financial Services Manager to Deputy Finance Director [Revision 1] (4950 : Reclassify 1 | P a g
Last Updated: April 2014
Revised: April 11, 2022
Deputy Finance Director – Administrative Services Department

DEFINITION
Under administrative direction, plans, directs, organizes, and supervises activities of the Finance Division of the Administrative Services Department; performs difficult and complex statistical analyses; participates in City-wide financial activities; performs professional accounting work; participates as a member of the Department’s management team in departmental policy development, administrative planning, and addressing of departmental issues; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
General supervision is provided by the Chief Financial Sustainability Officer or other executive level position as assigned by the City Manager. Provides supervision to finance staff.

EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES
The duties and responsibilities listed below are only illustrative and are not meant to be a full and exhaustive listing of all the duties and responsibilities of the position. • Plans, organizes, directs, and supervises all Finance Division activities and operations including general ledger, annual audit, accounting, budgeting, investment, payroll, and purchasing.
• Review, evaluate and recommend improvements to the City’s administrative and financial internal control systems and procedures and ensure reporting and audit compliance.
• Manage the fiscal year year-end close process, oversee annual external audit, and develop the Annual Comprehensive Financial Report (ACFR). • Assists in developing the City’s operating budget and long-term financial planning documents and a variety of financial statements and statistical reports. Assists in the development of the Capital Improvement Plan.
• Develop and implement goals, objectives and priorities and prepare various financial reports and analyses requested by City Manager and City Council. • Remain current on financial and accounting trends and keep management advised of impacts on City operations and finances.

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Attachment: Attachment B: Deputy Finance Director Job Description (4950 : Reclassify Vacant Financial Services Manager to Deputy Finance 2 | P a g
• Collaborate and provide costing of baseline costs, proposal costs, and the costs of a tentative agreement to assist in the ratifying of all collective bargaining agreements.

Ability to identify each item in all MOU costs on a fiscal year basis and determine the total cost of each contract.
• Educate all parties involved in the collective bargaining negotiations by providing objective, independent, clear, and effective communications about the government’s fiscal condition and the economic and fiscal challenges it faces and works with the negotiating team to assess the financial benefits and risks of clauses that would reopen the contract.
• Determine proposal costs and affordability. When negotiations begin, provide the relevant financial information and work with the management team to determine prudent cost limits while still meeting community needs and priorities. • Develops and implements financial policies and procedures, including fiscal yearend and pre-audit checklist, quarterly closures and posting of revenues and expenditures, payroll, purchasing, business license, assessments, and other activities.
• Reviews and recommends amendments and revisions to codes and ordinances dealing with accounting or financial activities. Oversees the review and audit of the internal controls related to cash handling procedures in all divisions within the city and makes recommendations as appropriate.

Conduct special research on financial matters as requested which may include but are not limited to:
o Analytical support for CalPERS rate stabilization
o Assist and provide project support, outreach, and implementation of new Enterprise Resources Planning (ERP)
• Invests and monitors the City’s cash portfolio according to City Council policy; develops investment and withdrawal policy for consideration by the City Manager and the City Council; and develops cash flow forecasts to determine the funds available for long term investments.
• Supervises, trains, evaluates, and provides work direction and coordination for Division staff; evaluates Division staffing arrangements, staffing levels, and work assignments, and makes necessary recommendations to the City Manager; sets performance standards for Division staff and evaluates performance, including professional growth and development goals; submits hiring and other personnel action recommendations.
• Drafts and reviews staff agenda reports, attend public meetings to explain and promote city programs and policies, make presentations to the City Council, Commissions, and other groups of a financial nature relating to the City’s budget

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Attachment: Attachment B: Deputy Finance Director Job Description (4950 : Reclassify Vacant Financial Services Manager to Deputy Finance 3 | P a g
and financial forecast. May negotiate agreements for the Division with other public and private companies. May be assigned to supervise ancillary functions as needed.

Contacts and Relationships
The employee has contact with users of the City’s finance, accounting, investment, and business license systems; other members of the city organization; elected and appointed officials; and representatives of public and private agencies. The employee interacts with representatives from other departments in providing financial information, including budgetary projections, analysis, recommendations, data, reports, and bargaining issues and to understand and validate the costs and / or savings associated with each bargaining unit.

Respond to requests for information and provide advice to City departments, other governmental agencies, and the public on City financial and accounting policies.

When necessary, bring in consultants such as actuaries or financial advisors to help quantify costs in the short and long term.

Accountability
The employee is accountable to ensure that accounting, investment, and financial functions are carried out in accordance with the Municipal Code, Governmental Accounting and Auditing Standards, Federal and State laws (including those related to grants), and departmental policies and internal control. Assignments may be specific or general with only desired results being specified. Recommendations on improvements to Division activities are expected.

The employee is responsible for complying with all City safety requirements and practices. Additionally, the employee is responsible for ensuring that division staff also comply with all City safety requirements and practices.

KNOWLEDGE, SKILLS AND ABILITIES
Knowledge of:
• Generally Accepted Accounting Principles (GAAP) and Basic Principles of Accounting as applied to Governmental Accounting Standards (GASB). • Principles, methods, and practices of administration, personnel management, governmental accounting, municipal and governmental budgeting, auditing, grant-accounting, purchasing, treasury management, and revenue administration.
• Government investment policy, investment strategies, interest bearing instruments, and cash flow forecasting.
• Laws, statues, ordinances, regulations, and requirements affecting municipal

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Attachment: Attachment B: Deputy Finance Director Job Description (4950 : Reclassify Vacant Financial Services Manager to Deputy Finance 4 | P a g
finance administration and investment of public funds, methods and techniques for record keeping
• Statistical analyses, technical report preparation, presentation methods and techniques, contract administration and negotiation methods and procedures as applied to assigned work.
• Principles and practices of leadership, motivation, team building and conflict resolution.
• Modern office practices, methods and equipment, including a computer-based accounting systems and applicable software
• Quantitative and management analysis techniques to determine fiscal impacts.

Skills in:
• Analyze and solve problems, prepare a variety of financial statements, reports, and analyses. Analyze, balance, and reconcile financial data, ledgers, and accounts. • Operate contemporary office equipment, including computer systems and associated software applications, including financial and accounting programs. • Planning, organizing, and directing work of the Finance Division and managing complex projects.
• Supervising, training, and evaluating assigned staff, ensuring work is performed effectively
• Communicating effectively in English both orally and in writing, making presentations, and preparing written reports.
• Interacting effectively with City staff, elected officials, and representatives of various public and private agencies.
• Establishing and maintaining effective working relationships with others. • Understanding, interpreting, and applying Federal and State law, local regulations and complex guidelines and procedures.

Ability to:
• Perform mathematical calculations quickly and accurately, read, interpret, and record data accurately, organize, prioritize, and follow‐up on work assignments • Make sound decisions within established guidelines. Interpret, explain, and apply applicable laws, codes, and regulations.
• Work independently and as part of a team.
• Communicate clearly and concisely, both orally and in writing.

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• Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner.
• Analyze complex issues, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.
• Effectively utilize computer applications and technology related to the work. • Observe safety principles and work in a safe manner.
• Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.

WORKING CONDITIONS/PHYSICAL REQUIREMENTS
Essentially all the employee's working hours are spent in an office environment with moderate noise levels and controlled temperature conditions. Work generally involves a high degree of concentration, especially in the consideration of technical and personnel problems and the origination of programs to increase departmental efficiency and improvement of services. There may be some light to moderate physical work in the handling of supplies, files, computer equipment, etc.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Education and Experience Guidelines:

Any combination equivalent to experience and training that would likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Five years of progressively responsible work experience at a professional accounting level, including three (3) years supervisory responsibilities in accounting or finance administration, preferably in a public agency or government accounting firm.

Training:

A Bachelor’s degree from an accredited four-year college or university with a major in Accounting, Business or Public Administration, and an emphasis in Accounting or Finance. A master’s degree in business or related field or Certified Public Accountant certification is highly desirable.

Special Requirement:

Possession of, or ability to obtain, prior to employment, a valid Class C Driver’s License issued by the state of California and a good driving record.

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Attachment: Attachment B: Deputy Finance Director Job Description (4950 : Reclassify Vacant Financial Services Manager to Deputy Finance 6 | P a g
Physical requirements include the following:

Ability to sit for long periods of time, stoop, kneel, crouch, reach, finger, grasp, write, and perform repetitive motions. Exerts up to 20 pounds of force occasionally and/or a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects with the human body. Hearing and speaking ability sufficient to carry on a conversation with another individual (or groups of individuals) in person and over the telephone.

Visual ability sufficient to read and produce printed material and information displayed on a computer screen.

Effective Date: April 11, 2022
Status: Exempt – At Will
Bargaining Unit: Unrepresented Confidential

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Attachment: Attachment B: Deputy Finance Director Job Description (4950 : Reclassify Vacant Financial Services Manager to Deputy Finance

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/11/2022
1 SUBJECT:

Authorization for City Manager to sign a letter to the San Mateo County Aging and Adult services indicating intent to respond to their Request for Proposals (RFPs) for Senior Services programs for 2022-2026.

RECOMMENDED ACTION:

Move to authorize the City Manager to sign a letter to the San Mateo County Aging and Adult Services Department indicating our intent to respond to their Request for Proposals (RFPs) for Senior Services Transportation, Congregate Nutrition and Home Delivered Meals/Supplemental Home Delivered Meals (non-seniors) programs for fiscal periods 2022-2026. Move to authorize City staff to subsequently prepare and submit the proposal to San Mateo County Aging and Adult Services Department and authorize the City Manger to sign associate contractual agreements and amendments.

STAFF CONTACT:

Michael Perez, Parks, Beaches and Recreation Director
(650) 738-7381
[email protected]
Beth Phipps, Senior Services Supervisor
(650) 420-3973
[email protected]
BACKGROUND/DISCUSSION:

The federal Older Americans Act Funding (OAA) provides funding for services to seniors 60+ years old. The federal Nutrition Supplemental Increment Program (NSIP) provides funding for food services to seniors 60+ years old. These funds are administered locally through designated Area Agencies on Aging (AAA). The County of San Mateo Aging and Adult Services (AAS) Department is the AAA and has oversight of OAA and NSIP programs for the County. The City of Pacifica has been in a contract with the County AAS for the provision of senior services since 1974.

The City of Pacifica is currently under contract with the County for OAA/NSIP programs under the extension of the 2017-2021 agreement, which was extended due to COVID-19, and which now expires on June 30, 2022. The County recently released the next RFP cycle (2022-2026) to solicit providers for OAA/NSIP funded programs starting July 1, 2022. The current agreements (2017-2021) provide the following programs for Pacifica residents:

Congregate Nutrition
Our Congregate Nutrition Program plans, prepares, and serves an estimated 550 un-duplicated seniors, 15,300 meals, and provides 4 nutrition education presentations annually. Annual funding currently totals $82,784.
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Transportation
The Transportation Program Pre-Covid served approximately 65 unduplicated seniors who received 4,472 one-way trips annually to the senior programs at the Community Center and local shopping trips. Annual funding currently totals $11,910.

Home Delivered Meals (HDM) - (formerly Meals on Wheels) HDM plans, prepares and delivers approximately 30,996 meals annually to homebound seniors and others with disabilities, as well as the initial intake screening, quarterly reassessment of each client thereafter and offer nutrition education and individual counseling by a Registered Dietitian.

The federal OAA, which provides services to seniors 60+ years old, is the primary funding source for this RFP. Additional funding for the Home Delivered Meals program is provided by federal Nutrition Supplemental Increment Program (NSIP) funds which are granted strictly for food purchases. Annual funding for 2021/22 totals $195,100.

The federal OAA is the primary funding source for the above-mentioned programs. Additional funding for nutrition-basedprograms is provided by NSIP. Our participation in these agreements also provide eligibility for additional San Mateo County grant support for Congregate Nutrition, Transportation and Home Delivered meals for 2022/26.

Supplemental Home Delivered Meals (SHDM)
SHDM provides meals to those who aren't seniors (ages 18-59 years old) but qualify for the program. Since this program is ineligible for OAA or NSIP funding, SHDM's sole funding is provided through the County of San Mateo Trust Fund. The County Trust fund last allocated funds for this program in 2016/17 which at the time represented 500 non-senior meals to Pacifica recipients. At this time, it is unknown if the County will once again provide funding for SHDM support.

These services have been provided to Pacifica residents since 1974 with great success. Given the number of individuals who benefit from these programs and the potential funding impacts if the City does not respond to the County RFP, the City Manger recommends that Council approve the requested action.

ALTERNATIVE ACTION:

Decline to authorize staff to proceed. Submission of this RFP response is required to secure contractual services and funding for Pacifica's Senior Services.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

This action supports Council goals of A Healthy and Compassionate Community and Fiscal Sustainability.

FISCAL IMPACT:

While the actual funding will be determined by the San Mateo County's RFP process, total RFP related funding for these senior programs currently totals $289,794. If the RFP is approved, Senior Services will continue to receive OAA funding and support from the San Mateo County AAS.
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ORIGINATED BY:

Parks, Beaches & Recreation Department
ATTACHMENT LIST:
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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/11/2022
1 SUBJECT:

Project Study Report-Project Development Support (PSR-PDS) and the Project Approval and Environmental Document (PA&ED) for the Highway 1 / Manor Drive Overcrossing Improvement Project.

RECOMMENDED ACTION:

Move to approve a Master Agreement for Consultant Services and Task Order No. 1 with AECOM of San Jose, California (Attachment 1) in an amount not to exceed $2,797,892.00 for the preparation of a Project Study Report-Project Development Support (PSR-PDS) and the Project Approval and Environmental Document (PA&ED) for the Highway 1 / Manor Drive Overcrossing Improvement Project; authorize budget authority in the amount of $2,937,892.00, which includes a 5% contingency amount of $140,000; and authorize the City Manager to execute all project related documents.

STAFF CONTACT:

Sam Bautista, P.E., Deputy Director of Public Works
(650) 738-3771
[email protected]
Lisa Petersen, P.E., Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

The Highway 1 / Manor Drive Overcrossing Improvement Project will alleviate peak hour traffic congestion and improve vehicular as well as bicycle and pedestrian safety at the Manor Overcrossing between Oceana Boulevard and Palmetto Avenue. The Project will widen the overcrossing structure, flare the curb returns and install traffic signals at the bordering intersections. The wider pavement will allow for increased lane widths to benefit larger vehicles, while the flared curb returns will ensure the safe right-turn movements of SamTrans buses and large trailer trucks, which currently end up encroaching onto the opposing lane. The installation of new traffic signals will replace the all way stop control at the bordering intersections to better facilitate traffic flow. The new traffic signals will also compliment the other pedestrian and bicycle facility improvements like updated ADA ramps, bike lanes, and better-defined crosswalks. This project would also analyze the traffic conditions and propose traffic congestion mitigations along Oceana Boulevard.

In 2017, the San Mateo County Transportation Authority (TA) issued a call for projects in connection with their Measure A Highway Program. The focus of the program is to reduce traffic congestion and improve throughput and safety on the most critical commute corridors. On December 11, 2017, Council adopted a resolution supporting the Highway 1 / Manor Drive Overcrossing Improvement Project (“Project”) and for staff to submit the grant application for the preparation of the Preliminary Planning Study (PPS). In addition, City Council approved a local match of $140,000 from the Manor Drive Mitigation Fund 14 to show the City’s commitment to 10 Packet Pg. 99
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the Project. On February 1, 2018, the TA approved grant funding for the preparation of the PPS only, in the amount of $610,000, with a required City match of $70,000. On August 12, 2018, the City Council approved a Consultant Services Agreement with AECOM of San Jose, California to prepare the PPS. The PPS is the first phase in advancing this Project through Caltrans’s project development process and included, amongst others, the following tasks: conducted two public meetings to receive feedback and comments; obtained and reviewed existing technical reports, studies, mapping; developed a purpose and need statement; developed and evaluated alternatives; prepared preliminary traffic analysis; assessed bridge / structure work required; assessed potential right-of-way and utility impacts; conducted a preliminary environmental review; prepared Project Study Report level cost estimates; developed capital and support cost estimates for future funding; attended meetings with Caltrans; and prepared Draft and Final Reports. The presentations and meeting minutes are online for review at:
https://www.cityofpacifica.org/depts/pw/engr/capital_improvement_projects/default.asp.

As part of the PPS, AECOM was required by Caltrans to analyze the traffic conditions and propose traffic congestion mitigations along Oceana Boulevard and in the vicinity of the Manor Drive overcrossing. Mitigations included analysis and feasibility of a roundabout north of the Paloma Avenue/Oceana Boulevard intersection or an on-ramp at the Milagra Drive/Oceana Boulevard intersection. The roundabout is challenging as there is limited right-of-way preventing its construction. Signalization at Oceana Drive/Manor Drive would facilitate improved traffic flow along the Oceana Drive corridor. During the public meetings, the City received comments from the community that were not in support of the Highway 1 on-ramp at Milagra Drive. Residents stated that since there was an on-ramp just north of the Paloma Avenue/Oceana Boulevard intersection, there was no need for an on-ramp at Milagra Drive.

The main objective is to advance the improvements on the Manor Drive Overcrossing to make it safer for vehicles, bicycles, and pedestrians. In discussion with the TA, the Manor Drive Overcrossing and the Milagra Drive on-ramp can be analyzed together, but the Manor Drive Overcrossing could be a standalone project going forward.

Since the Manor Drive Overcrossing would affect the operation of Highway 1, a Caltrans owned and maintained facility, the Project is subject to the Caltrans’ project development process which is comprised of several phases. Those phases are the Preliminary Planning Study phase (completed in June 2019), Project Study Report-Project Development Support (PSR-PDS) phase, Project Approval & Environmental Document (PA&ED), and Right-of-Way Acquisition (if needed) phase; Final Design (Plans, Specifications & Estimates) phase, and Construction phase. City staff applied for grants to advance the Project into the PSR-PDS and PA&ED phases. On December 2, 2021, the TA Board of Directors adopted the Final 2021 Highway Program. It was the first time the TA was able to release $113,968,000, the largest Measure A and Measure W award funding for a highway Call for Projects. The SMCTA Board of Directors, with support from the Citizen’s Advisory Committee and the Evaluation Committee, selected SMCTA staff’s recommendation to fully fund all application requests. City staff applied for Measure A and Measure W grant funding for the Highway 1/ Manor Drive Overcrossing Project and the TA awarded the City with $2.7 million of Measure W grant funding to complete the PSRPDS and PA&ED phases. As a requirement of the grant, the City Council has authorized a match of $300,000 from the Manor Drive Mitigation Fund 14 account. A funding agreement prepared by the TA has been approved by the City Manager and is awaiting execution from the TA. This grant requires the City to initiate the PA&ED phase by December 2022. To meet this aggressive schedule, the TA suggested utilizing AECOM for the subsequent phases as AECOM would resume activities and build upon the PPS they prepared. This would keep continuity with the engineering design and team. Using a new consultant could extend the schedule past December 2022 and increase costs as a new consultant would need to become familiar with all aspects of the Project. AECOM is also an on-call consultant for the City, and they have a wide range of transportation and traffic engineering design, construction, and operations experience throughout California. The City Manager recommends executing a Consultant Services 10 Packet Pg. 100
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Agreement with AECOM to prepare the necessary documents for the PSR-PDS and the PA&ED phases.

The PSR-PDS would be prepared in accordance with Caltrans’ project development procedures. The activities would include data collection and review of existing data and reports; field verifications; development of purpose and need statements; develop design alternatives and geometrics; verify non-standard and standard design features; assess traffic engineering performance; prepare preliminary environmental analysis report and initial site assessments; prepare storm water data reports; prepare right-of-way and utility requirements; prepare cost estimates; and prepare the draft and final PSR-PDS documents. During this phase, City staff and the consultant will provide updates to the community with the opportunity to provide comments/feedback.

The PA&ED would build upon the documents prepared for the PSR-PDS and would follow Caltrans’ approved template. The consultant would prepare documents such as a community impact assessment, air quality study, noise study, visual impact assessment, and hazardous materials assessment. Cultural, biological, water quality, hydraulic and Phase I studies would also be prepared during this phase. These studies would be compiled into a CEQA Environmental Impact Report and a NEPA Routine Environmental Assessment. This phase would require a more robust public outreach strategy to provide the community and key stakeholders with the opportunity to provide their comments and voice their concerns. AECOM will prepare a Public Outreach Plan to ensure a broad range of the community is engaged through various age-friendly means.

ALTERNATIVE ACTION:

The City Council may choose not to approve the Consultant Services Agreement and Task Order No. 1. However, the project cannot proceed with the necessary studies and meetings with Caltrans and the public, which are necessary to advance it.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Expenditure of this funding is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure: Approving the agreement would allow staff to continue the process with Caltrans to modernize the Manor Drive Overcrossing and analyze the traffic within the Manor Drive area. • Maintaining a Safe Community: This project would initiate the repair and replacement of outdated city facilities and construct a safer pedestrian and bicycle route through the overcrossing.

FISCAL IMPACT:

Funding for the PSR-PDS and PA&ED is a combination of grant funds from Measure W Highway Funds and City match from the Manor Drive Mitigation Fund 14. The following is a table of the total project budget:

Total Project Source and Use of Funds
Consultant Services Agreement $ 2,797,892.00
Contingency (5%) $ 140,000.00
Total Cost $ 2,937,892.00
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Total Use of Funds $(2,937,892.00)
Source of Funds
Measure W Grant Funds (SMCTA) $2,700,000.00
Manor Drive Mitigation Fund 14 $ 300,000.00
Total Source of Funds $3,000,000.00
Estimated Project End Balance $ 62,108.00
Staff is recommending a contingency budget in the amount of $140,000 in case the need arises for additional data gathering, additional meetings with Caltrans or public meetings, or unforeseen conditions. There are sufficient funds in the total project budget to approve this contract including the contingency. Staff is also recommending authorizing a project budget authority in the amount of $2,937,892.

ORIGINATED BY:

Engineering
ATTACHMENT LIST:

Attachment "A" - Master Agreement and Task Order No. 1 with AECOM for Manor Drive Overcrossing Improvement Project (PDF)
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OAK #4818-2196-0582 v1

MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this 29th day of March 2022, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and AECOM Technical Services, Inc. [a corporation] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires Project Study Report-Project Development Support (PSR-PDS) and Project Approval and Environmental Document (PA&ED) in connection with Manor Drive Overcrossing Improvement Project
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:

ARTICLE 1 - SCOPE OF SERVICES

1.1. Scope of Services. CONSULTANT agrees to furnish services pursuant to a Task Order in the form set forth in Exhibit A, Task Order, which is attached hereto and incorporated herein (the "Services").

1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state, and local laws, ordinances, rules, regulations, and orders.

1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.

1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.

CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.

ATTACHMENT "A"

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1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.

1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.

1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.

1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.

ARTICLE 2 - COMPENSATION

2.1. Compensation. Compensation for the Services shall be in accordance with the rate and schedules specified in a Task Order. However, in no event shall the amount the CITY pays to CONTRACTOR for Services performed under any Task Order exceed the total maximum compensation amount of Two Million Seven Hundred Ninety-Seven Thousand Eight Hundred and Ninety-Two Dollars ($2,797,892.00) (“Cost Ceiling”).

2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding

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month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.

2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.

2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment under a Task Order until the Services provided under that Task Order are complete and CITY has received all Documents. CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until June 30, 2025 (the "Term").

Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and CONSULTANT. Work authorized by a Task Order shall be performed in accordance with the schedule set forth in the Task Order.

3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.

3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.

3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.

ARTICLE 4 - DESIGNATED CONTACTS

4.1. CITY Contact. CITY designates Sam Bautista, P.E. QSD/QSP its Deputy Director of Public Works as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's

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performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONSULTANT of the change in writing.

4.2. CONSULTANT Contact. CONSULTANT designates Mark Aikawa, Vice President & Department Manager as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.

ARTICLE 5 - INDEMNIFICATION AND INSURANCE

5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.

The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.

5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.

5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants, and other agency shall procure, provide, and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.

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A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.

B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate, and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.

C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.

D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.

E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section

5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail.
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement).

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• Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees, and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees, and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees, and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.

Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.

ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

If to CITY: City Manager
540 Crespi Dr
Pacifica, CA 94404

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Phone: (650) 738-7409 Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: Mark Aikawa, Vice President & Department Manager AECOM
4 North Second Street Suite 675
San Jose, CA 95113
Phone (408) 297-9585 Facsimile: (408) 297-6962

MISCELLANEOUS

6.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.

CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.

Any violation by CONSULTANT of the requirements of this provision will constitute a

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material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.

6.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.

6.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.

6.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section

7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.

6.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.

6.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.

6.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.

6.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.

6.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to

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Attachment: Attachment "A" - Master Agreement and Task Order No. 1 with AECOM for Manor Drive Overcrossing Improvement Project (4945 :

EXHIBIT A

TASK ORDER

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EXAMPLE OF
TASK ORDER NO. ________

CITY OF PACIFICA
AND
__________________________
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct _______________ to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and _______________ (“CONSULTANT”) hereto dated ________________ (“MASTER AGREEMENT”)
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.

SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed ____________________ ($____________) (“Cost Ceiling”).

SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by _________________ or as extended in writing by the City Manager.

SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.

Approved this _______ day of _____, _______.
[Signatures on Next Page]

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CITY OF PACIFICA
By: Date
___________, City Manager
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney

CONSULTANT
_______________________________
By: Date
By: Date

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ATTACHMENT “A”

SCOPE OF SERVICES

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ATTACHMENT “B”

COMPENSATION

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Attachment: Attachment "A" - Master Agreement and Task Order No. 1 with AECOM for Manor Drive Overcrossing Improvement Project (4945 :

ATTACHMENT “A”

SCOPE OF SERVICES

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1 HIGHWAY 1 / MANOR DRIVE OVERCROSSING

IMPROVEMENT PROJECT

PROJECT STUDY REPORT-PROJECT DEVELOPMENT SUPPORT (PSR-PDS) AND

PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)

DRAFT SCOPE OF WORK
Prepared for

CITY OF PACIFICA
Prepared by

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2 DETAILED SCOPE OF SERVICES
Introduction
The Highway 1/Manor Drive Overcrossing Improvement Project (PROJECT) will alleviate peak hour traffic congestion and improve vehicular as well as bicycle and pedestrian safety. The project will widen the overcrossing structure, flare the curb returns, and install traffic signals at the intersections. The wider pavement will allow for increased lane widths to accommodate larger vehicles, while the flared curb returns will ensure the safe right-turn movement of buses and large trailer trucks, which currently encroach into the opposing lane when turning. New traffic signals will replace the all-way stop control at the intersections and better facilitate traffic flow. The project will also improve existing pedestrian and bicycle facilities by providing Complete Streets elements such widened sidewalks with better-defined crosswalks, new Americans with Disabilities Act (ADA)-compliant curb ramps, traffic signals with pedestrian signal heads, and Class II or IV bikeways.

A Preliminary Planning Study (PPS) to evaluate the feasibility of alternatives identified for the Highway 1/Manor Drive Overcrossing Improvement Project was prepared in 2019.

The objective of this scope of work is to prepare and obtain approval of the following for the PROJECT via the following milestones: (i) a Project Initiation Document (PID), which is assumed to be a Project Study Report-Project Development Support (PSR-PDS), and (ii) a Project Approval and Environmental Document (PA&ED), which is assumed to be a Project Report (PR) with a California Environmental Quality Act (CEQA) Environmental Impact Report and a National Environmental Policy Act (NEPA) Routine Environmental Assessment (EIR/EA).

AECOM Technical Services, Inc. (AECOM) will perform services and deliver work products in accordance with the latest CALTRANS regulations, policies, procedures, manuals and standards, and in compliance with Federal Highway Administration (FHWA) requirements.

Deliverables will be provided in the following software formats: text documents will be in Microsoft Word, drawings will be in MicroStation, and estimates and tables will be in Excel.

To achieve the scope of work objectives, AECOM will perform the following tasks:

TASK 1: Project Management
TASK 2: Develop Project Study Report/Project Development Support TASK 3: Engineering Studies/Project Report
TASK 4: Environmental Technical Studies
TASK 5: Environmental Document
TASK 1: Project Management

1.1 Contract Administration

1.1.1 Project Management. AECOM will maintain close communication with the CITY ’s Project Manager through means such as telephone, email, and meetings. Close coordination from AECOM with CALTRANS and other project stakeholders will also be critical throughout the project; Such coordination will occur with approval first from the City Project Manager. The AECOM will develop and implement an internal Project Execution Plan that outlines the scope, resources, quality reviews, contact information, and other information that lays the groundwork for completing the project. Monthly progress reports, correspondence, and meeting records will be provided to the City periodically. To

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3 disseminate up-to-date information to the project team, AECOM will prepare technical logs for items such as requests for information, utility status, and deliverable status.

1.1.2 Invoices/Progress Reports. AECOM will provide monthly progress reports supporting expenditures reported in the corresponding invoices. The AECOM will implement Earned Value Tracking for purposes of closely tracking agency costs vs. budget on the project. Continuous scope monitoring by the AECOM Project Manager will occur to maintain progress on the contracted scope of work. Any potential out of scope items will be identified and reported to the City Project Manager via emails and progress reports for the purpose of managing to avoid out of scope work or appropriate plan in advance for the need to execute any out of scope work.

1.1.3 Scheduling. AECOM will develop a detailed CPM task-level project schedule that will be maintained and used to track and coordinate progress. This CPM schedule will be based on the following general milestone durations as is assumed to be 33 months in duration. • PID Phase – PSR-PDS: March 2022 – December 2022
• PA&ED Phase – Project Report: December 2022 – December 2024 (The environmental studies could begin prior to PSR Approval)

1.1.4 Project Filing and Quality Control. AECOM will develop a Quality Management Plan (QMP) that will be used to track document reviews and demonstrate that quality reviews and corrective actions are being performed for all deliverables. The QMP will apply to all subcontractors as well as the AECOM tasks.

1.1.5 Risk Management Plan. AECOM will prepare and maintain a risk register that identifies potential risks to the project schedule. This process is valued by CALTRANS, and enhances team coordination and discussion of critical path items.

1.2 Meetings/Coordination

1.2.1 Kick-off Meeting and PDT Meetings: AECOM will coordinate, participate and document these meetings.
• Kickoff meeting. Project scope, team organization, communication procedures, design schedule, critical activities, design data needs, and project deliverables will be discussed at this meeting. • Project Development Team (PDT) meetings with CITY , CALTRANS, and all stakeholders will address, assign and resolve project issues. AECOM will prepare the agendas for distribution 1 week before the meetings are held, and distribute meeting minutes within 7 working days after each meeting. (18 PDT meetings are assumed.)

1.2.2 Technical, Agency, and Design Coordination Meetings. AECOM will coordinate, participate and document technical meetings. These meetings will include CALTRANS technical staff as needed.

There will also be regular internal team meetings to ensure each project delivery team member stays informed of issues and changes as they surface. (10 technical meetings are assumed.)

1.2.3 Subconsultant Coordination. The AECOM will coordinate with all subconsultants and maintain close coordination to provide timely information and progress related to the development of the project and ensure tasks are completed to the required quality and schedule.

Task 1: Deliverables
• Detailed CPM design schedule (monthly)
• Meeting agendas, minutes, action items list

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4 • Project Execution Plan
• QA/QC Plan
• Risk Management Plan
• Invoices and Progress Reports
• Relevant Correspondence
TASK 2: Develop Project Study Report/Project Development Support. AECOM will prepare PID documents in accordance with CALTRANS latest Project Development Procedures Manual (PDPM). AECOM will produce a streamlined PSR-PDS to document the need for the project, summarize key points from the Preliminary Environmental Analysis Report (PEAR), and summarize the scope, cost and overall impacts to enable an informed decision by the project stakeholders to proceed toward project approval. The approved PSR-PDS will allow the project to move into the PA&ED phase in the future. The PID activities include the following:
• Detailed CPM design schedule (monthly)/meetings Agendas/Minutes • QA/QC Plan/Risk Management Plan
• Invoices and Progress Reports
• Data Collection and Review of Existing Data and Reports • Site Visits and Field Reviews to Verify Project Features • Develop Purpose and Need
• Corridor and System Coordination
• Develop Design Alternatives
• Preliminary Geometrics
• Non-Standard Design Features
• Design Checklists (DIB 77 and DIB 78 if required)
• Intersection Control Evaluation (ICE), if required
• Traffic Engineering Performance Assessment (TEPA)
• Preliminary Environmental Analysis Report (PEAR) with Initial Site Assessment (ISA) • Storm Water Data Report (PID Level)
• Preliminary Right-Of-Way and Utility Requirements
• PID Level Cost Estimate
• Draft and Final PSR-PDS including Supporting Documentation • Provide Community Updates

2.0 Project Management. AECOM will maintain close communication with the CITY ’s Project Manager through means such as telephone, email, and meetings. Close coordination from AECOM with CALTRANS and other project stakeholders will also be critical throughout the project; Such coordination will occur with approval first from the City Project Manager. The AECOM will develop and implement an internal Project Execution Plan that outlines the scope, resources, quality reviews, contact information, and other information that lays the groundwork for completing the project. Monthly progress reports,

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5 correspondence, and meeting records will be provided to the City periodically. To disseminate up-to-date information to the project team, AECOM will prepare technical logs for items such as requests for information, utility status, and deliverable status.

2.0.1 Invoices/Progress Reports. AECOM will provide monthly progress reports supporting expenditures reported in the corresponding invoices. The AECOM will implement Earned Value Tracking for purposes of closely tracking agency costs vs. budget on the project. Continuous scope monitoring by the AECOM Project Manager will occur to maintain progress on the contracted scope of work. Any potential out of scope items will be identified and reported to the City Project Manager via emails and progress reports for the purpose of managing to avoid out of scope work or appropriate plan in advance for the need to execute any out of scope work.

2.0.2 Technical Meetings/Coordination: AECOM will coordinate, participate and document these meetings.
o Kickoff meeting. Project scope, team organization, communication procedures, design schedule, critical activities, design data needs, and project deliverables will be discussed at this meeting.
o Project Development Team (PDT) meetings with City , Caltrans, and all stakeholders will address, assign and resolve project issues. AECOM will prepare the agendas for distribution 1 week before the meetings are held, and distribute meeting minutes within 7 working days after each meeting. (8 PDT meetings are assumed.).
o AECOM will coordinate, participate and document technical meetings. These meetings will include CALTRANS technical staff as needed. There will also be regular internal team meetings to ensure each project delivery team member stays informed of issues and changes as they surface. (5 technical meetings are assumed.)

2.0.3 Scheduling. AECOM will develop a detailed CPM task-level project schedule that will be maintained and used to track and coordinate progress. This CPM schedule will be based on the following general milestone durations as is assumed to be 10 months in duration for the PSR-PDS phase.
o PID Phase – PSR-PDS: March 2022 – December 2022

2.1 Data Collection. AECOM will collect and review available data and reports from CALTRANS and CITY.

2.1.1 Existing Aerial Mapping. AECOM has obtained LIDAR-based rough aerial mapping.

This mapping is adequate for preliminary engineering work while the base mapping is prepared.

2.1.2 Other Data Collection AECOM will collect and review available data from City and Caltrans.

2.1.3 Utility Investigations. AECOM will coordinate with utility companies to determine the locations of utilities within the project corridors. In addition to locating surface-evident facilities, a formal contact will be made with the utility owners through issuance of a “Utility A” letter for confirmation of utilities in the project corridor. Several utilities, both low-risk and high-risk facilities, are within the project area. These utilities will be plotted and potential conflicts with proposed improvements will be identified. Design modifications will be made to avoid utility conflicts, whenever possible. If required, the AECOM will prepare a Longitudinal Encroachment Policy Variance Request (EPVR) memo for utilities proposed to remain within State right-of-way.

2.1.4 Project Site Reviews. AECOM will conduct field site reviews.

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6 2.2 Develop Purpose & Need. AECOM will refine the current Purpose and Need/Project Description for review and approval by CITY and CALTRANS. The Purpose and Need will reflect the community meetings to date and incorporate input from the PDT and other stakeholders.

2.2.1 Develop Purpose & Need Statement

2.3 Alternatives.

2.3.1 No Build. This Alternative assumes a No Build Alternative.

2.3.2 Build Alternative. AECOM will develop one (1) conceptual alternative with two (2) options for bridge widening or replacement and two (2) options for the northbound on-ramp at Milagra Drive that address the purpose and need for the project. A no-build option will also be evaluated.

The complete definition of the project alternative will be determined in consultation with Caltrans and the City.

The build alternative will be evaluated considering traffic, environmental, right-of-way, utilities, stage construction and cost.

The build alternative will consist of the most cost-effective solutions that optimize use of existing right-of-way to improve the overcrossing, and reduce traffic congestion by providing improved traffic operations, access, and safety at the two intersections with Manor Drive Overcrossing. The alternative will evaluate bicycle and pedestrian facilities within the project area. Concept drawings are provided at the end of this document.

2.4 ID Additional Data Requirements. AECOM will identify additional data required for the development of the PSR-PDS and the PA&ED.

2.4.1 Life Cycle Cost Analysis. AECOM will prepare a pavement Life Cycle Cost Analysis (LCCA) for proposed mainline work, with the results summarized in a report. LCCA will be performed per procedures and guidelines from the latest CALTRANS Pavement Policy Bulletin.

2.4.2 Constructability Reviews. AECOM will perform a constructability review of the proposed build alternative.

2.5 Initial Engineering

2.5.1 Preliminary Environmental Analysis Report (PEAR). AECOM will prepare the PEAR, building off of the 2019 Mini-Preliminary Environmental Analysis Report. The PEAR is the projectspecific scoping document designed to identify potential environmental issues, constraints, assumptions, and risks that will need to be considered in the later phases of project development; the anticipated level of environmental document; and the estimated resources and schedule needed to complete the environmental document. The PEAR will include summaries of any special environmental concerns in the project area, the existing environmental conditions for each resource area, the anticipated environmental technical reports, and the permits and approvals needed. In addition, the PEAR will include estimated resources by Caltrans Work Breakdown Structure (WBS) code, a cost estimate for environmental commitments, and a schedule for PA&ED deliverables.

The CALTRANS Project Development Procedure Manual requires an Initial Site Assessment (ISA) to be included in the PEAR document. The ISA will evaluate existing information regarding hazardous materials and wastes in the study area. Field reconnaissance, a records search of site databases to document known contaminated sites, a historical land use research to identify former land uses at or adjacent to the study area associated with hazardous material use, and a review of previous environmental investigations at and near the study area will be conducted to support the development of a CALTRANS-compliant ISA report. The ISA prepared for the PID phase will serve

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7 for PA&ED without further modification, unless there are substantial changes to the project footprint between the two phases.

2.5.2 Design Standards Risk Assessment. Based on the build alternative, AECOM will coordinate three workshops with CALTRANS to evaluate the design, design exceptions and other requirements. Based on the outcome of these workshops, AECOM will develop a Risk Assessment of the Design Standards.

2.5.3 PSR-PDS Cost Estimate AECOM will develop a planning-level cost estimates to provide costs for construction, utility relocation, environmental documentation, design, and construction administration for the locally preferred alternative. Costs will be based on data from similar projects and only major cost items will be quantified.

2.5.4 Traffic Engineering Performance Assessment (TEPA). AECOM will prepare the Transportation Engineering Performance Assessment (TEPA) for the PSR-PDS Phase of the project. The TEPA will be prepared using readily available transportation data., including:
• Traffic volume data from recently completed feasibility study by AECOM • Traffic volume data from CALTRANS census counts database • CALTRANS TASAS collision database (last five complete years of data) AECOM will utilize the analysis to identify existing vehicular and multimodal deficiencies, in addition to potential benefits of proposed build alternative, to inform the purpose and need of the project.

The TEPA will also identify the proposed traffic analysis scope of work for the PA&ED phase; AECOM will coordinate with CALTRANS on the final Traffic Operation Analysis Report (TOAR) scope of work for the PA&ED phase.

2.5.5 Stormwater Evaluation. AECOM will evaluate stormwater impacts and requirements and summarize the results in a storm water data report.

2.5.6 Right-of-Way, Utility Impacts. AECOM will evaluate utility impacts and ROW involvement and quantify these impacts. Measures to minimize impacts will be implemented.

2.5.7 Assess Local and Regional Planning Frameworks. AECOM shall assess local and regional planning frameworks.

2.6 Cost Estimates.

2.6.1 Prepare Cost Estimates. AECOM will prepare planning-level cost estimates for the PSR/PDS.

2.7 PSR – PDS

2.7.1 Prepare Draft PSR – PDS. AECOM will prepare the Draft PSR-PDS for review and comments by CITY and CALTRANS.

2.7.2 Prepare Final PSR – PDS. AECOM will review and address comments received from the circulation of the Draft PSR-PDS. AECOM will develop the Final PSR-PDS for signature.

2.8 Provide Community Updates
Details regarding meeting materials, notices, and staffing are provided in the Assumptions section at the end of this scope (under Public and Stakeholder Outreach).

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8 2.8.1 Community Update Meetings. AECOM will support the CITY in noticing (via mailers and advertisements), preparing for, hosting, and documenting the results of up to two in-person community update meetings during the PSR-PDS phase. AECOM will provide graphics and PowerPoint presentations for the CITY’s use and will provide project personnel to help staff and facilitate the meeting and discuss the project with attendees.

2.8.2 City Council Meetings. AECOM will support the CITY in preparing for and participating in up to two City Council meetings during the PSR-PDS phase. Supporting materials are assumed to be generally the same as those developed for the community update meetings.

2.8.3 Stakeholder Meetings. AECOM will support the CITY in preparing for, participating in, and documenting the results of up to five stakeholder meetings during the PID phase with local business and community groups and/or individuals.

Task 2: Deliverables
• Purpose and Need Statement
• Alternative Analysis
• Life Cycle Cost Analysis
• Constructability Reviews
• Preliminary Engineering Drawings
• Preliminary Environmental Analysis Report (PEAR)
• Design Standards Risk Assessment
• Structures PSR-PDS Cost Estimate
• Traffic Engineering Performance Assessment (TEPA)
• Stormwater Evaluation and Storm Water data Report (SWDR) • Right-of-Way, Utility and Railroad Impacts
• Cost Estimate
• Build Alternative
• Schedule/Risk
• Schedule
• Risk Management Plan
• Draft PSR - PDS
• Final PSR – PDS
• Noticing and Information Materials for Community Updates TASK 3: Engineering Studies

3.1 Traffic Studies. The scope of work is based on the approved Draft Scope of Work presented in the Final TEPA for the project. One Alternative will be evaluated Additionally, the following scope of work assumes that the opening year of the project is Year 2025 and the design year is Year 2045.

3.1.1 Data Collection. AECOM will contact CITY, County and Caltrans to obtain the most current mainline and intersection data within the project study area. If the data is more than two (2) years old, AECOM will collect new data through a third-party vendor. The existing intersection 2- hour periods data collection would be (AM 7:00-9:00; PM 4:00-6:00). The data will cover vehicles, bicyclists, and pedestrians (as appropriate). Lane configurations posted speed limits, and queues on

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9 the key facilities will be observed. Existing and proposed pedestrian/bicycle facilities and transit service will be noted. Freeway mainline traffic volumes and speed data will be obtained from the Caltrans Census or PeMS database. The mainline data would cover AM 6:00-10:00; PM 3:00-7:00.

Three years of collision history will be requested from Caltrans. The VTA-C/CAG model data will be used to establish current freeway, ramp and intersection volumes; validate the traffic forecasting model; and calibrate the traffic operations tools.

3.1.2 Existing Conditions Processing. AECOM will compile the intersection and mainline data to evaluate the collected data for existing conditions.

3.1.3 Existing Conditions Analysis.

Based on the compiled data, AECOM will prepare the existing conditions technical analysis including building and executing AM and PM peak period VISSIM micro-simulation models for the project area, as well as building and executing morning and afternoon commute peak hour Synchro intersection models for ramp termini intersections at up to 20 intersections. The VISSIM models will be calibrated and validated to existing traffic conditions within CALTRANS-accepted tolerances for traffic operations models. Existing pedestrian, bicycle, and transit facilities will be qualitatively assessed; these modes will also be incorporated, as appropriate, into the operations models. In addition, recent mainline, ramp and local street collision data will be reviewed and summarized in the report.

A draft Existing Conditions Report will be prepared that summarizes the data collection procedures and results, the field observations, the LOS, speed, density, and queuing characteristics resulting from the VISSIM analysis, as well as the validation statistics of the calibrated model. System-wide measures of effectiveness such as vehicle hours of delay, volume served, and vehicle miles of travel will also be established. The draft existing conditions report will be submitted for CITY and CALTRANS review; based on one round of agency comments the report will be finalized. Comments and responses will be documented in a comment resolution matrix and any unresolved comments after the first round of review will be incorporated into the draft TOAR. The Existing Conditions report will be focused on the mainline analysis performed using the VISSIM model. Ramp terminal intersection analysis will be provided in a separate technical memorandum and include intersection levels of service and delay.

A separate technical memorandum is provided to streamline approval of the Existing Conditions Report addressing the freeway mainline operations.

3.1.4 Prepare Traffic Forecasts.

Scope: AECOM will complete the following work under this task.

1. Check Validation of Base Year Model in the Study Area. AECOM will perform a supplemental model recalibration and sub-area validation using the existing data collected for this project to ensure confidence in the model’s results within the study area. Validation checks and model refinements will be made for the base year AM and PM peak periods. The sub-area validation will comply with CALTRANS standards.

2. Prepare Design Year Model Inputs. Available model road network will be reviewed to ensure that it accurately reflects the expected road system in the design year and the model land use will be confirmed with the C/CAG and CITY. Any changes to network or land use will be coordinated with C/CAG staff and Caltrans before proceeding.

3. Develop Design Year Traffic Forecasts. AECOM will run the CITY model to establish traffic demand estimates for the design year. AECOM will calculate the growth in link volumes projected by the model between the base year and the design year, and add that growth to the existing volumes to determine design year volumes for the AM and PM peak periods and balance the volumes as appropriate. The resulting volumes will represent the No

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10 Build alternative. The model will then be modified to reflect the project and rerun to establish Build alternative forecasts. The overall traffic demand in the study area under the Build alternative is anticipated to be consistent across the build alternative.

4. Develop Opening Year Traffic Forecasts. AECOM will work with the Project Team to define the opening year for analysis purposes and then develop opening year traffic volume forecasts for the AM and PM peak periods by applying linear interpolation between the existing volumes and the design year forecasts.

AECOM will prepare two technical memorandums documenting the traffic forecast process. The first, the Existing Conditions Model Validation Technical Memorandum, will document the existing travel demand model, its calibration to existing traffic levels, and any model changes necessary to reach validation targets set by CALTRANS. The second, the Design and Opening Year Forecasts, will document the land use and network assumptions from the forecasting model and the resulting design and opening year forecasts. The draft memoranda will be submitted to CITY and CALTRANS for review and comment. Comments from the reviewers may result in the need to modify some of the model inputs or assumptions, and prior to making any changes AECOM will check to confirm whether those modifications would make a substantive change in the forecasts or necessitate structural changes to the forecast model. Once comments and necessary changes have been identified AECOM will re-run the models and finalize the memoranda. Comments and responses will be documented in a comment resolution matrix.

3.1.5 Future Traffic Operations Analysis. For both the construction year and design year, AECOM will develop the VISSIM and Synchro models to reflect the expected future conditions, including the forecasted future traffic volumes and the capital improvements anticipated to occur.

The VISSIM models will be used to evaluate the LOS, average delay, queuing, speed, and density characteristics during the AM and PM peak periods under the No Build and Build alternative. In addition, system-wide measures of effectiveness established for existing conditions will be derived from the models. The Synchro models will be used to evaluate the ramp termini intersection LOS and vehicle delay. A qualitative assessment of transit facilities will be performed to determine if the proposed build alternative would hinder or eliminate existing or proposed transit service or cause a substantial delay in transit service.

3.1.6 Traffic Operations Report. AECOM will prepare documentation of the existing conditions analysis, traffic forecasts, and the highway operations analysis for the No Build and up to two (2) scenarios into a consolidated Draft TOAR for the project. Upon one round of agency review, the final TOAR will be prepared and submitted to CALTRANS for formal acceptance. A comment resolution matrix will be used to document each round of review and associated responses. AECOM will prepare documentation of the existing conditions analysis, traffic forecasts, and the ramp terminal operations analysis for the No Build and one (1) Build Alternative into a consolidated technical memorandum that will be include as an appendix to the TOAR. Upon one round of agency review, the final memorandum will be prepared and submitted to CALTRANS for formal acceptance.

A comment resolution matrix will be used to document each round of review and associated responses.

3.2 Preliminary Engineering

3.2.1 Data Collection & Site Reconnaissance. AECOM already has volumes of existing data for the project area through previous studies of the project and work on adjacent projects. AECOM will coordinate with CITY , CALTRANS, and other affected agencies to identify and collect additional data such as as-built plans, details of planned development projects affecting the project area, related technical reports, right-of-way and easement records, existing utility information, and data developed

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11 for completed projects and studies within the project corridor. AECOM will prepare a detailed Data Collection Log to memorialize metadata on the collection.

3.2.2 Project Implementation Plan. Early coordination and discussions with CALTRANS are imperative to reach consensus on the appropriate level of documentation that will be needed to complete the PA&ED. This includes reaching a clear understanding and agreement on the following:
• Limits of the project and study area
• Traffic study limits and assumptions
• Environmental document type
• Environmental technical studies
• Review cycles and durations
After reaching a common understanding with CALTRANS, AECOM will document the project’s scope and will link it to a CPM schedule that accounts for all activities and reviews needed to deliver PA&ED.

A narrative summarizing the agreements with CALTRANS along with the scope of work and CPM schedule will be submitted to CITY for review. All comments will be addressed, and a final document distributed to the PDT.

3.2.3 Base Mapping. AECOM will develop Base Mapping for the project. Surveying, mapping, and right-of-way engineering within the State right-of-way will be conducted per the instructions outlined in the CALTRANS Survey Manual and the CALTRANS Right of Way Engineering Manual.

This work will include employment of the “ABC” process for submittal and review by the CALTRANS Office of Photogrammetry.

3.2.4 Develop Build Alternative. AECOM will further refine the build alternative geometrics developed during the PSR PDS.

3.2.5 Nonstandard Geometric Features. AECOM will check the geometrics of the existing facility and proposed alternative for non-standard features. Geometric refinements will be investigated to assess if any non-standard features can be eliminated. A list of mandatory and advisory design exceptions will be identified and coordinated with the CALTRANS HQ geometrician and District 4 staff. Once preliminary concurrence on the project geometrics is reached, Fact Sheets will be drafted and submitted to the CALTRANS HQ geometrician, District 4 staff, and FHWA for review and comment.

3.2.6 Preliminary Engineering Drawings. AECOM will expand and develop the ultimate build alternative and provide layout and striping sheets, typical sections, profile and superelevation diagrams, right-of-way lines and requirements, express lane sign plans, retaining wall layouts, existing and proposed utility relocation plans, stage construction plans. AECOM will provide the preliminary plans in sufficient detail to be considered 30% plans set quality.

3.2.7 Preliminary Cost Estimate. AECOM will develop planning-level cost estimates in the CALTRANS 11-page format.

3.3 Project Approval. AECOM will prepare supporting technical studies and work products identified in Section 3.

3.3.1 Right of Way (R/W) Requirements and R/W Data Sheet. Some R/W acquisitions are anticipated as part of this project. AECOM will evaluate preliminary R/W requirements and prepare preliminary R/W maps to identify parcels that could be impacted. The approximate dimensions and

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12 areas of parcels and/or easements to be acquired will be calculated. A qualified R/W professional will prepare the R/W Cost Estimate and the R/W Data Sheet to be included in the Project Report.

The R/W Data Sheet will document any temporary and permanent R/W needs that are anticipated.

3.3.2 Preliminary Geotechnical and Structure Preliminary Geotechnical Reports (SPGR).

AECOM will conduct site visits and review available data including geotechnical data developed for the Project. Possible geotechnical/geologic impacts and mitigation measures will be discussed on a broad basis including but not limited to slope stability, geology, seismic impacts and risk, erosion, groundwater conditions, etc. for proposed bridge widening and replacement option, retaining wall, soundwalls, cuts and embankments. Generally, the geotechnical issues relevant to the project will be presented in a qualitative manner with no specific design recommendations. Potential mitigation measures will also be provided in a discussion format. All of this will be incorporated into a Preliminary Geotechnical Report.

AECOM will prepare Structure Preliminary Geotechnical Reports (SPGR) for each bridge and walls, in accordance with CALTRANS standards, to support the APS submittals. Typical fieldwork will consist of a brief site visit only. The SPGR will provide an overview of the existing foundations, site geology, seismicity, and, if possible, recommendations regarding suitable and unsuitable foundation types. If appropriate, the SPGR will also discuss the anticipated field and laboratory work required to support the future Preliminary Foundation Reports and the future Foundation Reports.

AECOM’s other efforts include providing support and information to design for the Life-Cycle Cost Analysis (LCCA) and other input on the alternative regarding excavations, fill slopes, retaining wall decisions, and possible mitigation measures for settlement and liquefaction issues that can be expected.

3.3.3 Life Cycle Cost Analysis (LCCA). AECOM will further develop and refine pavement Life Cycle Cost Analysis (LCCA) from PSR-PDS phase for proposed mainline work, with the results summarized in a report. LCCA will be performed per procedures and guidelines from the latest CALTRANS Pavement Policy Bulletin and Real Cost 2.5.3CA software.

3.3.4 Draft Agreements. AECOM will assist CITY in developing all agreements necessary for the project. It is anticipated that a Draft Cooperative Agreement with CALTRANS will be needed for the project design phase and will need to be included in the Project Report. AECOM will be available to assist with developing other agreements as needed.

3.3.5 Storm Water Data Report. The project would create and/or replace 1 acre or more of impervious area. AECOM will develop permanent stormwater treatment Best Management Practices (BMPs). The Storm Water Data Report will include design features and calculations for BMPs for permanent stormwater treatment and construction-related impacts. The planning watershed risk assessment level for this project would most likely be risk level 2 or 3.

3.3.6 Preliminary Hydromodification Assessment. The Alameda County Clean Water Program identifies the project area as susceptible to hydromodification; therefore, the project will be required to comply with hydromodification management requirements. AECOM will propose and coordinate design features and calculations of the hydromodification management measures with the CALTRANS Stormwater Coordinator.

3.3.7 Drainage Report. Where feasible, drainage improvements would avoid Environmentally Sensitive Areas (ESAs) to the extent practicable to minimize impacts. However, this goal may be challenging due to the proximity of the existing creeks and wetlands to drainage outfalls. AECOM prepared preliminary design would direct runoff to stormwater treatment facilities that promote

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13 infiltration, retention, and flow control before discharging to these existing ESAs. Additional hydromodification management structural measures would also be considered to address the increases in runoff due to the additional impervious surface area.

3.3.8 Conceptual Stage Construction / Transportation Management Plan (TMP) Data Sheet. AECOM will prepare conceptual plans outlining the stage construction and traffic-handling requirements for the refined alternative. AECOM will assist CALTRANS to prepare a TMP Data Sheet for inclusion in the Project Report.

3.3.9 Structure Advance Planning Studies. (bridge + wall) AECOM will prepare Advance Planning Studies (APS) for the Manor Drive Overcrossing and special design retaining wall. The following two options will be included:
• Manor Drive Overcrossing (Widen) Option – Approximately 75’ widen on each side of existing 62’ wide Overcrossing. Two-span, with a total length of 123’-9”. Use of precast concrete girders is assumed.
• Manor Drive Overcrossing (Replace) Option – Approximately 212’ wide Overcrossing.

Two-span, with a total length of 123’-9”. Use of precast concrete girders and stage construction is assumed.
• Removal and Reconstruction of a Special Designed Retaining Wall – Approximate length is 450’ and variable height
The bridge APSs will be prepared in CALTRANS format using CALTRANS Office of Special Funded Project (OSFP) Information and Procedures Guide 3-2 and CALTRANS Memos to Designers (MTD) 1-8. The APSs will include plans, APS Checklist, Design Memo, ABC Questionnaire, Risk Register, and Itemized Planning Level Cost Estimate.

Quantitative seismic analysis will not be performed for the widening option; however, a qualitative analysis will be performed on the existing bridges to determine feasibility of widening. Items related to bridge maintenance (from latest Caltrans BIRIS report) will be included. The bridge replacement option will assume the use of stage construction.

3.3.10 Aesthetic Guidelines. AECOM will prepare a technical memorandum that provides agreed upon guidance for the future development of the landscape and aesthetics elements of the project.

3.3.11 Finalize Fact Sheets. AECOM will address comments on Fact Sheets from task 3.2.5 and submit final Fact Sheets for CALTRANS/FHWA approval prior to submittal of the Draft Project Report. Traffic and accident analysis, physical constraints, cost, access control, and environmental impacts will be critical factors in justifying the design.

3.3.12 Plan sheets for the Ultimate Build Alternative. AECOM will finalize plan sheets for the Build Alternative refining the plans prepared in Task 3.2.6.

3.3.13 Preliminary Cost Estimate. AECOM will further refine and update the planning-level cost estimate from task 3.2.7.

3.3.14 Value Engineering. The AECOM will assist CITY in conducting a value engineering analysis (if needed) in support of the PA&ED phase and in complying with the requirements of the CALTRANS Project Development Procedures Manual requirements.

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Packet Pg. 131 Attachment: Attachment "A" - Master Agreement and Task Order No. 1 with AECOM for Manor Drive Overcrossing Improvement Project (4945 :
14 3.3.15 Draft Project Report (DPR). The AECOM will prepare and submit the Draft Project Report for review and comment. The Project Report will conform to the guidelines provided in Appendix K of the CALTRANS Project Development Procedures Manual and will:
• Provide an introduction to the project, recommendations, and background and considerations
• Identify the purpose and need for the project and conformity to state/regional/local planning
• Identify alternatives reviewed, recommend the preferred alternative, and summarize rejected alternatives
• Establish project programming and funding
• Document project reviews and participation

3.3.16 Final Project Report (PR). After resolution of the review comments, a final version with appendices will be submitted for approval in conjunction with the Final Environmental Document.

Task 3: Deliverables
• Base Mapping
• List of Design exceptions
• Preliminary Engineering Drawings
• Mandatory and Advisory Fact Sheets
• Storm Water Data Report (SWDR)
• Preliminary Hydromodification Assessment Report
• Drainage Report
• Aesthetic Guidelines Memo
• Right of Way Mapping and Data Sheet
• Preliminary Geotechnical and Structure Preliminary Geotechnical Reports (SPGR) • Advance Planning Studies
• Pavement Evaluation Report / LCCA
• Preliminary Cost Estimate
• Preliminary Stage Construction plans and Transportation Management Plan Data Sheet • Draft Agreements
• Traffic Methodology and Assumptions
• Existing Conditions Analysis
• Travel Demand Forecasting Model Validation Procedure and Results • Traffic Forecasts
• Initial Project Alternative Screening Analysis
• TOAR
• Local Street Intersection Analysis Memorandum
• Supporting documents for Value Analysis if needed
• Draft PR & Final PR
TASK 4: Environmental Technical Studies
AECOM will clear the maximum environmental studies project footprint defined in the PID phase.

Unless otherwise stated below, two submittals of each deliverable (draft and final) are assumed to obtain CALTRANS approval.

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Packet Pg. 132 Attachment: Attachment "A" - Master Agreement and Task Order No. 1 with AECOM for Manor Drive Overcrossing Improvement Project (4945 :
15 4.1 Environmental Scoping. AECOM will conduct field reviews to confirm the environmental scope described in the PEAR. Field reconnaissance will be conducted for selected studies, such as cultural resources, visual, and community impacts, to review current conditions.

AECOM will support the City in preparing for, hosting, and documenting one public information meeting during this timeframe, which is described further in Task 5.3.

This project is within the Coastal Zone. AECOM will coordinate and attend one meeting with the City (Department of Public Works and Local Coastal Program) and Caltrans in discussing the strategy, timing, and responsibilities for the local coastal permit. The actual permitting process is assumed to take place during PS&E. AECOM will provide a memo documenting the steps, process, timing, and responsibilities that the team agrees upon during the meeting.

4.2 Project Need and Purpose / Project Description. AECOM will update and refine the Purpose and Need/Project Description developed for the PID for review and approval by CITY and CALTRANS. The Purpose and Need will incorporate input from the PDT and other stakeholders.

4.3 Community Impact Assessment.

AECOM will prepare a Community Impact Assessment (CIA) memo or, at most, a “mid-level report” in accordance with the November 7, 2016, CALTRANS template. A “full” CIA is neither warranted nor assumed.

The CIA will document land use, Coastal Zone characteristics, project area connections to parkland and recreational facilities including trails, potential growth inducement, and neighborhood impacts from changes in traffic circulation. Based on recent review trends, three submittals (draft, revised draft, and final) are assumed to obtain CALTRANS approval.

4.4 Air Quality Study.

AECOM will prepare an Air Quality Report to analyze emissions associated with the project. The report will include quantitative analyses of operational and construction-related emissions, mobile source air toxics, and operational and construction greenhouse gas emissions. The report will also provide data needed for the CEQA energy analysis.

AECOM will work with CITY to perform consultation with the Metropolitan Transportation Commission’s (MTC’s) Bay Area Air Quality Conformity Task Force. AECOM will complete the MTC’s PM2.5 Assessment Form and participate in interagency consultation. The project is not anticipated to be a Project of Air Quality Concern for fine particulate matter (PM2.5) as defined in Title 40 Code of Federal Regulations Part 93, and therefore quantitative analysis of PM2.5 through dispersion modeling is not warranted.

4.5 Noise Study.

AECOM will prepare a Noise Study Report to describe project-related noise level changes to sensitive receptors that are within 500 feet of the project alignment. Short or long-term noise measurements at up to twelve (12) locations are included. Where the predicted future noise levels from the project approach or exceed the noise criteria, noise abatement will be investigated. The noise abatement findings will be documented in a Noise Abatement Decision Report, which will be an appendix of the Noise Study Report.

Based on recent review trends, three submittals of each report (draft, revised draft, and final) are assumed to obtain CALTRANS approval.

4.6 Visual Impact Assessment. The 2019 Mini-PEAR stated that the CALTRANS Visual Impact Assessment Checklist indicated that a Visual Impact Assessment (VIA) Memo is appropriate for the project.

Since then, the Checklist score has been refined to reflect potential public controversy about the proposed Milagra Drive ramp option, and an Abbreviated VIA is proposed to describe how the project elements will change the existing viewshed. An Abbreviated VIA is not required to include visual simulations; however, simulations can be provided as an optional task. Up to two meetings with CALTRANS are assumed as part of

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16 this scope. Based on recent review trends, three submittals (draft, revised draft, and final) are assumed to obtain CALTRANS approval.

4.7 Hazardous Materials/ISA. The ISA prepared as part of the PID phase will serve for PA&ED without further modification unless there are substantial changes to the project footprint between the two phases. AECOM will review land use changes, if any, and consult regulatory agency databases to confirm that no additional hazardous materials have been recorded after the PID-phase ISA was approved. It is assumed that soil and groundwater testing for project area contamination and development of detailed recommendations for materials handling and disposal will take place during the PS&E phase and therefore is not included in this scope.

4.8 Cultural Resource Studies.

AECOM will prepare an Area of Potential Effects (APE) map, an Archaeological Survey Report (ASR), and a Historic Properties Survey Report (HPSR). The ASR will include Native American consultation in accordance with CALTRANS and California Assembly Bill 52 standards, as well as a geoarchaeological evaluation of the project corridor’s potential to contain sensitive buried resources. The HPSR will summarize cultural resources in the project area, Native American consultation, built environment resources, and potential effects from the project. No historic properties in the project area appear to meet the criteria for listing in the National Register of Historic Places or the California Register of Historical Resources either individually or as a contributor to an existing historic district, or to be historical resources for the purposes of CEQA; therefore, it is assumed that built environment resources can be documented in the HPSR and a separate Historic Resources Evaluation Report is not required. Three submittals (draft, final, and subsequent responses to State Historic Preservation Office [SHPO] comments version) of each document are assumed to obtain CALTRANS and SHPO approval.

The project is not anticipated to affect an archaeological site or built environment resource that is on or eligible for the National Register of Historic Places and warrants preservation in place. Therefore, Section 4(f) evaluations for cultural resources are assumed to be unnecessary and are not included in this scope.

4.9 Extended Phase 1 Proposal and Report. Depending on the geoarchaeological sensitivity of the project area and the maximum depths of disturbance, Caltrans may require subsurface testing for buried cultural resources. The locations and parameters of testing would be determined in coordination with Caltrans and documented in an Extended Phase 1 Proposal.

AECOM will coordinate and perform the testing, including obtaining a drilling encroachment permit from CALTRANS, contracting with a drilling or backhoe operator, and arranging for highway safety measures such as a crash attenuator truck. It is assumed that the City will arrange for and obtain any needed City or other permits.

AECOM will document the results of the testing in an Extended Phase 1 Study. It is assumed that no cultural materials will be found, and Caltrans will approve a Finding of No Adverse Effect as part of the HPSR. The need for additional reporting such as an Environmentally Sensitive Area Action Plan is not anticipated and is outside of this scope.

This scope assumes one field visit with CALTRANS Cultural staff prior to submittal of the XP1 Proposal, and two days of mechanical subsurface testing.

4.10 Biological Resources. As described in the 2019 Mini-Preliminary Environmental Analysis Report, the project area is urbanized and lacks habitat for special-status species. AECOM will conduct a wildlife habitat assessment of the project area, delineate any waters of the U.S. or State (including culverted waters), and perform a tree inventory of the project footprint. A Natural Environment Study-Minimal Impacts (NESMI) is anticipated to be the appropriate level of documentation for potential impacts to biological resources

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17 from the project and appropriate avoidance and minimization measures. The need for additional documentation to support consultation under Section 7 of the Endangered Species Act is not anticipated or included.

4.11 Paleontology Review. AECOM will prepare a combined Paleontological Identification and Evaluation Report to summarize the results of an archival database search for the project area, a field reconnaissance of surficial geologic deposits, and measures to be implemented during construction to avoid or minimize impacts to paleontology resources. The need for a Paleontological Mitigation Plan requires further evaluation based on the review activities listed above and can be prepared as an optional scope item if needed.

4.12 Location Hydraulic Study. The entire project area is in Federal Emergency Management Agency (FEMA) Zone X, an area of minimal flood hazard. A Location Hydraulic Study will be prepared to identify the significance of the project impacts to the floodplains and make general recommendations on possible mitigation measures.

4.13 Water Quality. AECOM will prepare a Water Quality Assessment Report to evaluate potential temporary and permanent effects on surface and groundwater quality, identify receiving waterbodies that have beneficial uses or are included on the Clean Water Act 303(d) List and 305(b) Report of Water Quality Limited Segments, and include local and regional requirements for stormwater pollution prevention. The report will evaluate the water quality impacts and will recommend possible best management practices (BMP) or project features to address water quality issues.

Task 4: Deliverables
• Coastal Zone Process Memo
• Purpose and Need/Project Description
• Community Impact Assessment
• Air Quality Study
• Noise Study Report & Noise Abatement Decision Report
• Visual Impact Assessment
• Cultural Resource Studies (APE map, ASR, HRER)
• Extended Phase 1 Proposal and Report
• Natural Environment Study-Minimal Impacts
• Paleontological Identification/Evaluation Report
• Location Hydraulic Study & Water Quality Assessment Report

5.0 Environmental Document
It is assumed that Caltrans will serve as the CEQA and NEPA lead agency. During preparation and completion of the environmental technical studies, and based on feedback from the PSR-PDS phase and scoping period, CONSULTANT staff will confer with CITY and Caltrans staff on the appropriate level of CEQA and NEPA document. For purposes of developing this scope, CONSULTANT proposes to prepare a CEQA Environmental Impact Report (EIR) and a NEPA Routine Environmental Assessment (EA), which would be combined into a single document (hereafter EIR/EA). If concerns about the project are not extensive and significant environmental impacts are not anticipated, then a CEQA Initial Study can be prepared leading to approval of a Negative Declaration or Mitigated Negative Declaration. This decision can be more accurately determined once studies are underway and public outreach has been initiated. For purposes of this scope, an EIR/EA is assumed.

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Packet Pg. 135 Attachment: Attachment "A" - Master Agreement and Task Order No. 1 with AECOM for Manor Drive Overcrossing Improvement Project (4945 :
18 Environmental topics not covered by the technical reports listed above will be addressed in the EIR/EA, including Geology and Soils, Greenhouse Gas Emissions, Utilities and Service Systems, Sea Level Rise, and Wildfire.

While the project is in MTC’s Transportation Improvement Program (TIP; ID# SM-170004), no FHWA funding is listed. Caltrans will not approve a NEPA document unless FHWA funding is programmed in the TIP. The timing of NEPA will be confirmed in coordination with the City and Caltrans. As noted above, for purposes of this scope, AECOM assumes preparation and public circulation of a single combined CEQA and NEPA document. If FHWA funding is not programmed by the time of CEQA document circulation, AECOM will coordinate with the CITY and CALTRANS to develop an alternative schedule for NEPA clearance.

5.1 First Administrative Draft EIR/EA. AECOM will prepare a first administrative draft for review and comment by CITY and CALTRANS, along with the Caltrans External Readiness Form and Environmental Document Review Checklist.

5.2 Second Administrative Draft EIR/EA. AECOM will prepare a second administrative draft for review and comment by CITY and CALTRANS and work closely with CALTRANS staff to incorporate any final changes to obtain approval of the EIR/EA for public circulation.

5.3 Public Outreach.

Details regarding meeting materials, notices, and staffing are provided in the Assumptions section at the end of this scope (under Public and Stakeholder Outreach).

5.3.1 Public Outreach Plan. AECOM will prepare a Public Outreach Plan, which will describe the approach to public outreach during PA&ED. It will list the key stakeholders, describe the proposed public meetings, and document any statutory requirements for project meetings and outreach. The plan will describe noticing methods and serve as the PDT’s ‘roadmap’ for project outreach during PA&ED.

5.3.2 Scoping. After initiation of technical studies, AECOM will coordinate with the CITY and Caltrans to develop and circulate a Notice of Preparation (NOP) packet with project summary attachment for State Clearinghouse filing, including two rounds of Caltrans review. The NOP circulation will begin a 30-day public scoping period for the Draft EIR/EA, during which AECOM will support the City in noticing (via mailers and advertisements), preparing for, hosting, and documenting the results of one in-person public information meeting. The meeting will provide an opportunity for the community to provide input on the scope of the EIR/EA and the potential environmental effects to be addressed in the EIR/EA. AECOM will provide graphics and a PowerPoint presentation for the CITY’s use and will provide project personnel to help staff the meeting and discuss the project with attendees.

5.3.3 Public Circulation. AECOM will also support the CITY in noticing (via mailers and advertisements), preparing for, hosting, and documenting the results of one in-person public information meeting during the 45-day review period of the Draft EIR/EA. AECOM will provide graphics and a PowerPoint presentation for the CITY’s use and will provide project personnel to help staff the meeting and discuss the project with attendees.

5.3.4 City Council Meetings. AECOM will support the CITY in preparing for and participating in up to two City Council meetings during the PSR-PDS phase. Supporting materials are assumed to be generally the same as those developed for the community update meetings.

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Packet Pg. 136 Attachment: Attachment "A" - Master Agreement and Task Order No. 1 with AECOM for Manor Drive Overcrossing Improvement Project (4945 :
19 5.3.5 Stakeholder Meetings. AECOM will support the CITY in preparing for, participating in, and documenting the results of up to five stakeholder meetings during the PA&ED phase with local business and community groups and/or individuals.

5.4 Circulate Draft EIR/EA. The AECOM will coordinate reproduction and distribution of the EIR/EA and submittal of the Notice of Completion and document to the State Clearinghouse. PDF copies will be prepared for upload to the appropriate websites. In accordance with Caltrans and Americans with Disabilities Act (ADA) Section 508 requirements, AECOM will prepare a portable document format/universal accessibility (PDF/UA) compliant EIR/EA that passes the PDF Accessibility Checker 3 (PAC3) for posting to the Caltrans website. ADA/508 compliance will be limited to the public draft and public final EIR-EA.

5.5 Respond to Public Review Comments. The AECOM will draft responses to substantive public comments and incorporate any associated updates in the text. It is assumed that all comments will be addressed through revisions to the EIR/EA and that no technical studies will require changes.

5.6 First Administrative Final EIR/EA. AECOM will update the EIR/EA to include the FONSI and other CALTRANS-required content and revisions for a final EIR/EA (hereafter FEIR/FONSI), including CEQA Findings and (if necessary) Statement of Overriding Considerations.

The first administrative FEIR/FONSI will be provided to CITY and CALTRANS for review and in tandem with the Project Report. AECOM will also submit an updated Caltrans External Readiness Form and Environmental Document Review Checklist.

5.7 Second Administrative FEIR/FONSI. AECOM will prepare a second administrative final for review and comment by CITY and CALTRANS and work closely with CALTRANS staff to incorporate any final changes to obtain final approval of the second administrative FEIR/FONSI.

5.8 ‘Final’ FEIR/FONSI. AECOM will coordinate reproduction and distribution of the ‘final’ FEIR/FONSI. PDF copies will be prepared for upload to the appropriate websites. AECOM will also prepare the Notice of Completion, CEQA Notice of Determination, and NEPA FONSI Notice of Availability of the FONSI for State Clearinghouse filing. In accordance with Caltrans and ADA Section 508 requirements, AECOM will prepare a PDF/UA compliant FEIR/FONSI that passes the PAC3 checker for posting to the Caltrans website.

Task 5: Deliverables
• Public Outreach Plan
• 1st Administrative Draft EIR/EA
• 2nd Administrative Draft EIR/EA
• Public outreach notifications and materials
• Draft EIR/EA for public circulation
• Responses to public review comments
• 1st Administrative FEIR/FONSI
• 2nd Administrative FEIR/FONSI
• ‘Final’ FEIR/FONSI

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Packet Pg. 137 Attachment: Attachment "A" - Master Agreement and Task Order No. 1 with AECOM for Manor Drive Overcrossing Improvement Project (4945 :
20 ASSUMPTIONS AND EXCLUSIONS:

The estimate of labor hours and time scheduled to perform the work is limited by the following assumptions and as may be noted elsewhere.

Study Alternatives
▪ One conceptual build alternative anticipated with two (2) options for widening or replacing the bridge, and with two (2) options for widening the on ramp at Milagra Drive. ▪ No introduction of new study alternatives after environmental technical studies are complete.

Project Limits
▪ The project limits will be based on the limits shown on the PPS.

Right of entry
▪ Encroachment permit applications to perform design activities within Caltrans and CITY right of way will be prepared by AECOM for CITY’s signature.

Mapping
▪ Aerial topographic mapping within the project limits described above will be prepared by AECOM.

Topographic mapping outside of approved project limits is not included. ▪ Mapping will be in English units and provided in MicroStation format.

Survey
▪ The mapping that were prepared during the PPS will be used.

Value Analysis Studies
▪ Value Analysis is an independent Study and will be undertaken by CITY. ▪ AECOM will provide support only for this effort, as described in the scope above.

PSR-PDS and Project Report Process
▪ Caltrans and CITY will execute a Cooperative Agreement for the PSR/PDS and PA&ED. ▪ Freeway Agreement are not needed at this time.

Environmental Studies
▪ Task 4.9 Extended Phase I Proposal and Report - The required testing may be greater than the estimate included.

Environmental Document Process
▪ An EIR/EA document is assumed in compliance with CEQA and NEPA requirements. ▪ Caltrans will be the lead agency for CEQA and Caltrans will be the delegated lead agency for NEPA. ▪ Up to 10 printed copies each of the Draft and Final EIR/EAs can be provided. ▪ Environmental permit applications are not included in this scope of services. ▪ The City will provide payments for the California Department of Fish and Wildlife CEQA document filing fee for the Final EIR/EA and the County for filing the Draft and Final EIR/EAs.

Public and Stakeholder Outreach
PID phase:
▪ Up to two in-person community update meetings, assumed to take place more than a month apart, including:
▪ One PowerPoint presentation for each meeting.

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Packet Pg. 138 Attachment: Attachment "A" - Master Agreement and Task Order No. 1 with AECOM for Manor Drive Overcrossing Improvement Project (4945 :
21 ▪ Up to eight printed graphic display boards for each meeting. ▪ Up to five AECOM staff and one professional facilitator per meeting. ▪ Noticing is assumed to consist of the following:
▪ Developing, obtaining approval for, printing, and distribution of announcement postcards (approximately 6 by 8 inch) via U.S. Postal Service Every Door Direct Mail to approximately 3,000 addresses in and surrounding the project area. A single set of postcards will be issued for each meeting.

Additional or different size mailers can be provided as optional scope. ▪ Developing, obtaining approval for, and submitting print newspaper advertisements in the Pacifica Tribune and San Mateo Daily Journal. One advertisement will be placed in each paper for one day prior to each community meeting. Additional print and/or digital ad placements can be provided as optional scope.
▪ Content developed for mail notifications, advertisements, and meetings will be shared with the City and the Caltrans Public Information Office (as appropriate) for use in developing additional announcements and notifications, including but not limited to press releases, Twitter and Facebook postings, and Patch and NextDoor postings.
▪ Materials used for City Council meetings and stakeholder meetings are assumed to be generally the same as those developed for community update meetings. Up to three AECOM staff are assumed to participate in each meeting.
▪ Additional support with public outreach, including language translation services, project website, and/or additional meetings, can be provided as an optional task. It is assumed that court reporter services are not necessary and that all in-person public meetings can be held at City facilities that do not charge fees.

Costs associated with court reporting services and facility fees are not included.

PA&ED phase:
▪ One in-person public information/scoping meeting,:
▪ One PowerPoint presentation (assumed the same for both meetings). ▪ Up to eight printed graphic display boards.
▪ Up to five AECOM staff and one professional facilitator per meeting. ▪ One in-person Draft EIR/EA public meeting, including:
▪ One PowerPoint presentation (assumed the same for both meetings). ▪ Up to 12 printed graphic display boards.
▪ Up to five AECOM staff and one professional facilitator per meeting. ▪ Noticing for public meetings is assumed to consist of the following:
▪ Developing, obtaining approval for, printing, and distribution of announcement postcards (approximately 6 by 8 inch) via U.S. Postal Service Every Door Direct Mail to approximately 3,000 addresses in and surrounding the project area. A single set of postcards will be issued for the scoping period, and a single set of postcards will be issued for the Draft EIR/EA circulation period. Additional or different size mailers can be provided as optional scope. ▪ Developing, obtaining approval for, and submitting print newspaper advertisements in the Pacifica Tribune and San Mateo Daily Journal. One advertisement will be placed for one day for the scoping period, and one advertisement will be placed for one day for the Draft EIR/EA circulation period.

Additional print and/or digital ad placements can be provided as optional scope. ▪ Content developed for mail notifications, advertisements, and meetings will be shared with the City and the Caltrans Public Information Office (as appropriate) for use in developing additional announcements and notifications, including but not limited to press releases, Twitter and Facebook postings, and Patch and NextDoor postings.
▪ Materials used for stakeholder meetings are assumed to be generally the same as those developed for community update meetings. Up to three AECOM staff are assumed to participate in each meeting. ▪ Additional support with public outreach, including language translation services, project website, and/or additional meetings, can be provided as an optional task. It is assumed that court reporter services are not

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22 necessary and that all in-person public meetings can be held at City facilities that do not charge fees.

Costs associated with court reporting services and facility fees are not included.

Right of Way
▪ State Right-of-Way Maps will be available from Caltrans. ▪ Right-of-Way delineation will be based on as-built information. No field verification is proposed at this stage of design.
▪ Right of way hard copy and appraisal maps; temporary construction easements; and legal descriptions are not included in the scope of services.
▪ Title reports will not be included.

Units
▪ All project deliverables will be prepared in English units.

Drainage/Hydrology
▪ AECOM will not perform scour analysis for any watercourses in the project area. ▪ Detailed floodplain analysis other than the specified in the scope of work, is not included.

Utilities
▪ Utility relocations are for the study alternative only ▪ Utility agreements will not be prepared
▪ Fees may be required by Utility Companies.

Geotechnical
▪ No subsurface exploration or laboratory testing will be performed.

Pavement
▪ Existing pavement does not require any analysis or testing.

Landscaping
▪ Study of one landscape concepts are included
▪ Irrigation design/planning are not included.

Reviews and submittals
▪ AECOM will submit technical reports once in draft and once in final form, the intent being one review and one revision per document, unless otherwise specified.

Project Management
▪ Project management activities are provided for a 24-month period starting from Notice To Proceed. ▪ Meeting Minutes includes up to one round of edits.

Encroachment Permit and Permit Fees
▪ Encroachment Permit and Permit Fees are not included in this scope.

Materials and information provided by others
▪ Relevant data from previous/ongoing studies in the project area ▪ Utility record drawings
▪ As-built construction plans
▪ Right-of-way record maps
▪ Survey controls

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23 ▪ Log of Test Borings, Foundation Reports, Foundation Reviews, and field records of pile driving logs for the construction of existing structures.

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ATTACHMENT “B”

COMPENSATION

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HIGHWAY 1 / MANOR DRIVE OVERCROSSING IMPROVEMENT PROJECT General Scope
Estimated Cost
Task 1 Task 2 Task 3 Task 4 Task 5 TOTAL
Project
Management Develop PSR/PDS Project Report
Environmental
Studies
Environmental
Document
LABOR
AECOM (Civil) $248,206 $331,348 $641,187 $0 $39,294 $1,260,034 AECOM (Environmental) $135,164 $85,188 $34,531 $209,353 $224,373 $688,610 AECOM (Geotech) $0 $27,520 $93,710 $0 $0 $121,230
AECOM (Structures) $14,433 $48,966 $167,600 $0 $0 $230,999 AECOM (Traffic) $0 $10,340 $0 $0 $0 $10,340

SUBCONSULTANTS
Noise Sub $0 $0 $0 $70,500 $0 $70,500
Water Quality Sub $0 $14,000 $44,800 $22,400 $0 $81,200 Air Quality Sub $0 $0 $0 $38,475 $0 $38,475
Haz Mat Sub $0 $32,200 $0 $0 $0 $32,200
Traffic Sub $0 $34,000 $137,700 $0 $0 $171,700
Meeting Facilitator $0 $3,600 $0 $0 $5,400 $9,000
Environmental Drilling $0 $0 $0 $17,000 $0 $17,000
Sub Markup $0 $4,190 $9,125 $7,419 $270 $21,004

DIRECT COSTS
Printing $0 $8,400 $400 $0 $14,000 $22,800
Postage, Travel, Misc. $1,500 $8,400 $200 $900 $9,300 $20,300 Record Search $0 $0 $0 $2,500 $0 $2,500
TOTAL $399,303 $608,152 $1,129,253 $368,547 $292,637 $2,797,892 3/1/2022

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IMPROVEMENT PROJECT
SUBCONSULTANTS SUBCONTRACTORS ODCs

ID CODE DELIVERABLE
Project ManagerLead EngineerSr. Project EngineerProject EngineerStaff EngineerCADAdminGeotechnicalManagerGeotechnical Sr.EngineerGeotechnicalEngineerStructures ManagerBridge EngineerStructural StaffEngineerStructure CADStructure QA/QCSr. Traffic EngineerTraffic EngineerEnvironmentalManagerSr. Env ProfessionalEnv ProfessionalResearch TechAECOM LABORTOTALNoise SubWater Quality SubAir Quality SubHaz Mat SubTraffic SubMeeting FacilitatorEnvironmentalDrillingTotalPrintingPostage, Travel,Misc.Record SearchTotal Cost Project Management

1.1 Contract Admininstration

1.1.1 Project Management 60 120 204 60 40 304 304 500 $72,342

1.1.2 Invoices/Progress Reports 24 24 160 12 40 260 260 $36,793

1.1.3 Scheduling 24 80 404 40 24 212 212 $48,878

1.1.4 Project Filing and Quality Control 24 60 84 84 $15,025

1.1.5 Risk Management Plan 20 20 100 16 24 180 180 $43,321

1.2 Meetings/Coordination

1.2.1 Kick-off Meeting and PDT Meetings 40 40 20 204 80 80 284 284 1,000 $64,711

1.2.2 Technical Meetings 48 40 20 20 40 32 40 240 240 $61,471

1.2.3 Subconsultant Coordination 40 40 20 20 50 60 40 270 270 $56,763 Task 1 Subtotal 256 140 360 14400 210000 40000000 12 324 3480 1,8340000000 1,8340 1,5000 $399,303 Develop PSR/PDS

2.0 PSR Project Management

2.0.1 PSR Project Administration 40 40 40 120 $24,881

2.0.2 PSR Technical meetings 402 10 10 62 $15,930

2.1 Data Collection

2.1.1 Existing Aerial Mapping 20 20 20 $4,955

2.1.2 Other Data Collection 20 50 70 70 $17,826

2.1.3 Utility Investigations 20 100 30 150 150 $36,271

2.1.4 Project Site Reviews 20 40 30 16 16 122 122 $31,360

2.2 Develop Purpose & Need

2.2.1 Develop Purpose and Need Statement4 12 32 48 48 $8,897

2.3 Define Alternatives

2.3.1 No Build444 $991

2.3.2 Alternative 1 20 20 80 40 30 80 204 12 24 330 330 $68,203

2.4 ID Add'l Data Requirements

2.4.1 Life Cycle Cost Analysis 10 20 40 70 70 $17,853

2.4.2 Constructability Reviews5 20 40 30 95 95 $24,248

2.5 Initial Engineering

2.5.1 Preliminary Environmental Analysis Report (PEAR)4 32 60 80 176 230 406 $60,900

2.5.2 Design Standards Risk Assessment00 $0

2.5.3 Structures PSR-PDS Cost Estimate 24 32 56 56 $17,019

2.5.4 Traffic Engineering Performance Assessment (TEPA) 10 10 60 80 200 280 $51,237

2.5.5 Stormwater Evaluation0 100 100 $14,700

2.5.6 Right-of-Way and Utility Impacts 20 20 40 40 $10,502

2.5.7 Assess Local and Regional Planning Frameworks 10 20 30 30 $7,728

2.6 Cost Estimates

2.6.1 Alternative 1 20 50 40 30 140 140 $30,213

2.7 PSR - PDS

2.7.1 Prepare Draft PSR - PDS 30 10 24 20 20 20 24 324 16 32 232 232 $53,726

2.7.2 Prepare Final PSR - PDS 30 10 24 20 20 208848 16 168 168 $37,290

2.8 Provide Community Updates

2.8.1 Community Update Meetings 12 128 128 16 24 32 32 156 12 168 8,400 7,800 $49,902

2.8.2 City Council Meetings444 12 12 300 $3,574

2.8.3 Stakeholder Meetings 24 24 24 72 72 300 $19,947
Task 2 Subtotal 285 152 540 190 100 132 48 20 900 72 880000 60 64 104 196 112 2,2530 1000 230 200 120 2,613 8,400 8,4000 $608,152

AECOM LABOR

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HIGHWAY 1 / MANOR DRIVE OVERCROSSING

IMPROVEMENT PROJECT
SUBCONSULTANTS SUBCONTRACTORS ODCs

AECOM LABOR
Project Report

3.1 Traffic Studies

3.1.1 Data Collection 5 10 15 100 115 $21,687

3.1.2 Existing Conditions Processing 15 15 40 55 $10,856

3.1.3 Existing Conditions Analysis 0 100 100 $17,850

3.1.4 Prepare Traffic Forecasts 6 12 18 150 168 $30,071

3.1.5 Future Traffic Operations Analysis 5 6 12 23 160 183 $33,216

3.1.6 Preparation of Traffic Operations Analysis Report 5 10 15 200 215 $39,537

3.2 Preliminary Engineering

3.2.1 Data Collection & Site Reconnaissance 5 15 15 35 35 $8,105

3.2.2 Project Implementation Plan 20 20 40 40 $8,994

3.2.3 Base Mapping 200 50 250 250 $57,356

3.2.4 Develop Alternatives 10 20 40 80 100 250 250 $49,952

3.2.5 Nonstandard Geometric Features 10 20 50 80 160 160 $36,810

3.2.6 Preliminary Engineering Drawings 20 40 150 100 310 310 $61,261

3.2.7 Preliminary Cost Estimate 10 40 30 80 80 $18,741

3.3 Project Approval

3.3.01 Right of Way (R/W) Reqs Mapping and R/W Data Sheet 20 40 40 100 100 $23,427

3.3.02 Preliminary Geotechnical and Structure Preliminary Geotechnical Reports 10 20 80 80 190 190 $44,405

3.3.03 Life Cycle Cost Analysis (LCCA) 20 80 80 180 180 $41,631

3.3.04 Draft Agreements 8 8 16 32 24 88 88 $18,182

3.3.05 Storm Water Data Report 10 10 10 2 2 4 8 46 110 156 $26,844

3.3.06 Preliminary Hydromodification Assessment 10 10 2 4 8 34 100 134 $21,933

3.3.07 Drainage Report 10 10 2 4 8 34 110 144 $24,103

3.3.08 Conceptual Stage Construction / TMP Data Sheet 5 5 40 20 70 70 $16,695

3.3.09 Structure Advance Planning Studies (2 bridges + walls) 120 240 100 120 16 596 596 $140,004

3.3.10 Aesthetic Guidelines 30 10 20 60 60 $16,264

3.3.11 Finalize Facts Sheets 10 20 80 80 190 190 $44,242

3.3.12 Plan sheets for the Ultimate Build Alternative 10 20 60 80 170 170 $39,287

3.3.13 Preliminary Cost Estimate 20 50 40 10 120 120 $29,512

3.3.14 Value Engineering 40 100 50 190 190 $45,749

3.3.15 Draft Project Report (PR) 100 20 120 50 30 20 20 4 24 40 428 30 458 200 200 $106,867

3.3.16 Final Project Report 120 20 120 30 20 20 4 8 24 366 30 396 200 $95,676 Task 3 Subtotal 413 153 1,126 787 24 250 60 80 160 160 182 260 100 120 16 0 0 14 56 112 0 4,073 0 320 0 0 810 0 0 5,203 400 200 0 $1,129,253 Environmental Studies

4.01 Environmental Scoping 5 24 48 32 109 109 200 $18,349

4.02 Project Need and Purpose / Project Description 5 16 32 40 93 93 $14,660

4.03 Community Impact Assessment 5 24 50 80 159 159 $23,885

4.04 Air Quality Study 5 8 16 29 285 314 $46,140

4.05 Noise Study 5 24 40 69 470 539 $87,327

4.06 Visual Impact Assessment 5 24 60 80 169 169 300 $25,720

4.07 Hazardous Materials/ISA 4 8 16 28 28 $4,007

4.08 Cultural Resource Studies 5 32 60 80 177 177 2,000 $29,359

4.09 Extended Phase I Proposal and Report 10 32 60 80 182 170 352 $46,555

4.10 Biological Resources 5 24 60 90 179 179 400 $26,951

4.11 Paleontology Review 5 12 40 60 117 117 500 $17,680

4.12 Location Hydraulic Floodplain Report 4 8 12 80 92 $13,957

4.13 Water Quality 4 8 12 80 92 $13,957
Task 4 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 55 232 490 558 1,335 470 160 285 0 0 0 170 2,420 0 900 2,500 $368,547 Environmental Document

5.1 First Administrative Draft IS/EA 10 60 120 80 270 270 $44,700

5.2 Second Administrative Draft IS/EA 5 24 80 60 169 169 $26,228

5.3 Public Outreach Meetings

5.3.1 Public Outreach Plan 4 8 16 32 60 2 $9,721

5.3.2 Scoping 8 8 12 8 12 12 12 32 32 136 8 4,800 4,200 $37,048

5.3.3 Public Circulation 8 8 12 8 12 12 12 32 32 136 8 5,200 4,200 $37,448

5.3.4 City Council Meetings 8 8 8 24 $6,549

5.3.5 Stakeholder Meetings 24 24 24 72 300 $19,947

5.4 Circulate Draft IS/EA 5 16 60 80 161 161 2,000 300 $25,781

5.5 Respond to Public Review Comments 15 40 80 100 235 235 $37,322

5.6 First Administrative Final IS/EA 5 24 40 60 129 129 $20,088

5.7 Second Administrative Final IS/EA 5 12 24 32 73 73 $11,557

5.8 Final IS/EA 5 8 40 40 93 93 2,000 300 $16,249
Task 5 Subtotal 48 48 24 16 0 24 0 0 0 0 0 0 0 0 0 0 0 110 216 524 548 1,558 0 0 0 0 0 18 0 1,130 14,000 9,300 0 $292,637 Total Project Hours 1,002 493 2,050 1,137 124 406 318 100 250 160 294 348 100 120 16 0 60 255 932 1,670 1,218 11,053 470 580 285 230 1,010 30 170 13,200 22,800 20,300 2,500 $2,797,892 TOTAL HOURS BY PERCENT 9.1% 4.5% 18.5% 10.3% 1.1% 3.7% 2.9% 0.9% 2.3% 1.4% 2.7% 3.1% 0.9% 1.1% 0.1% 0.0% 0.5% 2.3% 8.4% 15.1% 11.0% 100.0%

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AECOM/URS 2022 RATE SCHEDULE
Name/Position/Title Hourly Rate Range by Position**
Principal Professional/Project Director $296 - $429
Senior Project Manager $236 - $374
Project Manager $213 - $305
Lead Project Professional/Engineer $223 - $412
Senior Project Professional/Engineer $170 - $247
Sr. Designer/Lab, Field, or CADD Supervisor $149 - $196 Sr. Technician* $131 - $196
Sr. CADD Technician/Sr. Illustrator/Designer* $131 - $191 Project Professional/Engineer $131 - $224
Project Administrator/Controller $121 - $191
Staff Professional/Engineer $109 - $138
Junior Professional/Engineer $65 - $112
Word Processor/Project Assistant/Editor* $73 - $153
Technician* $65 - $165
CADD Technician/Illustrator* $73 - $135
Clerk/Administrator/Intern* $38 - $122
** Bill rates are computed as actual pay rate at time of service plus current FAR multiplier plus 10% fee (raw labor + 130.70% for FY 2020 plus 10% fee = 253.77%) ** Salaries are adjusted each October 1, but individual merit or promotional increases may occur at any time.

Reimbursable Items to be Billed
Subcontracted Services Cost plus 5%
In-house printing (per page) Color $1.00, B/W $.10, no markup Vehicles $90/day, $45/½ day, no markup
Personal vehicles (mileage) Current IRS rate, no markup Other miscellaneous Expenses At cost
The services under this Agreement will be compensated in accordance with the following consultant rate schedule and adjusted annually * Overtime premium charged at cost where required by law for non-exempt employees

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/11/2022
1 SUBJECT:

FY 2021-22 Pacifica Beach Parking Lots Seal Coat Project RECOMMENDED ACTION:

Approve the following actions for the FY 2021-22 Pacifica Beach Parking Lots Seal Coat Project:

A. Authorize the City Manager to award and execute a Construction Services Agreement with DRYCO Construction Inc. (Attachment 1) in an amount not to exceed $174,245.90 and authorize a budget authority for construction in the amount of $209,000, which includes contingencies in an amount not to exceed twenty percent (20%) of the Construction Services Agreement amount; and
B. Authorize staff to execute future Change Orders not to exceed the contingency amounts.

STAFF CONTACT:

Ryan Marquez, P.E., Associate Civil Engineer
(650) 738-3768
[email protected]
Sam Bautista, P.E., DPW Deputy Director/City Engineer
(650) 738-3771
[email protected]
Lisa Petersen, P.E., DPW Director
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

On June 28, 2021, City Council approved the Capital Improvement Program for fiscal years 2021-2026 and the annual budget for fiscal year 2021-22. Included in the plan and budget is the Beach Parking Lots Seal Coat Project. The project seeks to complete pavement maintenance on four beach parking lots in Linda Mar & Rockaway Beach, all of which are heavily utilized for public parking throughout the year. Their locations leave them in a harsh coastal environment that degrades their pavement along with the constant daily wear of traffic. The FY 2021-22 Beach Parking Lots Seal Coat Project looks to improve and prolong the pavement in the parking lots by doing pavement dig outs in failed sections, crack sealing to prevent water intrusion, and applying a pavement seal coat to resurface the parking lots, along with striping.

The Project was advertised on February 23, 2022, and March 2, 2022, in accordance with the formal bid process. Twenty-four (24) companies requested plans and specifications and five (5) companies submitted bids. On March 17, 2022, the bid opening was held via Zoom by the City Clerk and the result is as follows:
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Company Total
DRYCO Construction, Inc. $174,245.90
Asphalt Surfacing, Inc. $185,969.54
American Asphalt Repair & Resurfacing Co., Inc. $197,176.76 RNR Paving, Inc $226,221.91
Galeb Paving Inc. $292,038.84
The apparent low bidder is DRYCO Construction Inc. with a bid amount of $174,245.90. This is approximately 12% under the Engineer’s Estimate. All required documentation was submitted with their bid. DRYCO Construction Inc. has performed several of the City’s resurfacing and parking lot rehab projects in the past and their work has been satisfactory. As there are sufficient project funds from the 2021-22 budget, the City Manager recommends the award of contract to the apparent low bidder, DRYCO Construction Inc. In addition, a 20% contingency is recommended to allow enough funding to handle any additional improvements or unforeseen circumstances that are identified during construction.

Staff will be performing the Construction Management (CM) of this project, therefore, no consultant agreement is necessary for management of the project. Staff is aware of the sensitivity of closing these highly utilized parking lots. Construction scheduling will be put out through all available social media channels and each parking lot will have a changeable message board noting closures in advance. It is staff’s hope to not close adjacent parking lots (i.e., Linda Mar North and South Lots) at the same time and will work with the contractor to ensure this is possible. Additionally, staff will be coordinating with the Anza Pump Station Repair Project to leave the area entering/exiting the parking lot and around the pump station unfinished while that work occurs.

ALTERNATIVE ACTION:

Council may choose not to approve the Construction Services Agreement; however, this will result in project delays and possible increase in construction costs. Staff does not recommend this alternate action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the construction contract is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure: includes repairing/replacing outdated city facilities such as city hall, the libraries, fire stations, etc., improving streets, and responding to impacts of sea level rise. This construction project will improve the condition of the existing City public parking lots.

FISCAL IMPACT:

The following is the Source and Use of Funds for the project:

Total Project Source and Use of Funds
Fund 22 - Capital Improvement Fund $ 250,000
Total Source of Funds $250,000
FY 2021-22 Pacifica Beach Parking Lots Seal Coat Project $ 209,000 Total Use of Funds $ 209,000*
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Project End Balance $ 41,000
*No consultant CM services were needed, as staff will be acting in this capacity. Had these services been used, the fees would have been in the range of $25,000 to $30,000.

ORIGINATED BY:

Engineering
ATTACHMENT LIST:

Attachment 1 - DRYCO Construction Contract (PDF)
Attachment 2 - Project Plans (PDF)
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Packet Pg. 177 Attachment: Attachment 1 - DRYCO Construction Contract (4937 : FY 2021-22 Beach Parking Lots Seal Coat Project) DATE CITY OF PACIFICA PUBLIC WORKS / ENGINEERING DIVISION APPROVED BY: DESIGNED BY: DRAWN BY: CHK'D BY: REV. R E V I S I O N S DESCRIPTION BY PLAN NO. RDD 7-14-21 SCALE: RDD RDD SB NTS TITLE SHEET 1 SEAL COAT PROJECT FY 2021-22 BEACH PARKING SHEET CONTENT TITLE SHEET SHEET NO. 13 2 OF THE ENGINEER PRIOR TO THE START OF ANY WORK. ANY DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE CONTRACTOR TO VERIFY ALL DIMENSIONS SHOWN. 3. DRAWINGS MUST NOT BE SCALED. IT IS THE RESPONSIBILITY 1. THE CITY OF PACIFICA MAKES NO GUARANTEE FOR THE ACCURACY OR COMPLETENESS OF UTILITIES SHOWN. THE CONTRACTOR IS RESPONSIBLE FOR DETERMINING THE LOCATION AND DEPTH OF ALL UTILITIES, INCLUDING SERVICE CONNECTIONS THAT MAY AFFECT THE PROJECT. CALL USA 1-800-642-2444. 2. PROPER TRAFFIC CONTROLS SHALL BE IN PLACE AT ALL TIMES. 3. PAVEMENT STRIPING AND MARKINGS 2. RESURFACING 1. GRIND EXISTING STRIPING AND BASE REPAIR MON MIN SFLFFt TYP. A.C. (N) SMH SF(E) SSSDGV MONUMENT MINIMUM SQUARE FEET LINEAR FEET FEET LAMP HOLE/ CLEANOUT ASPHALT CONCRETE TYPICAL NEW SQUARE FEET EXISTING SEWER MANHOLE BASE REPAIR LIMIT RIGHT-OF-WAY LINE SANITARY SEWER STORM DRAIN GAS VALVE SANITARY SEWER MANHOLE WATER VALVE DRAIN INLET MONUMENT

P A C I F I C O C E A N

N STORM DRAIN MANHOLE PACIFICA STATE BEACH PARKING LOT - SOUTH SITE PLAN 5 GENERAL NOTES PACIFICA STATE BEACH
4 PACIFICA STATE BEACH PARKING LOT - NORTH SITE PLAN LOCATION MAP GENERAL NOTES INDEX OF DRAWINGS SCOPE OF WORK LEGEND & ABBREVIATION CITY OF PACIFICA FY 2021-22 BEACH PARKING SEAL COAT PROJECT DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION ROCKAWAY BEACH PARKING LOT - NORTH SITE PLAN ROCKAWAY BEACH PARKING LOT - SOUTH SITE PLAN BEST MANAGEMENT PRACTICES 67 8 CALTRANS STD A90A - ACCESSIBLE PARKING SPOT DETAILS 9 POLE DETAIL ATTACHMENT 2 11.b
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Attachment: Attachment 2 - Project Plans (4937 : FY 2021-22 Beach Parking Lots Seal Coat Project) GENERAL NOTES: 1. THE CONTRACTOR AGREES THAT, IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THE CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTIES. THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. THE CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD OWNER AND ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT. 2. THE CONTRACTOR IS RESPONSIBLE FOR DETERMINING THE LOCATION AND DEPTH OF ALL UTILITIES, INCLUDING SERVICE CONNECTIONS THAT MAY AFFECT THE PROJECT. CALL USA 1-800-642-2444. 3. DRAWINGS MAY NOT BE TO SCALE. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY ALL DIMENSIONS SHOWN. ANY DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ENGINEER PRIOR TO THE START OF WORK 4. THE CONTRACTOR SHALL TAKE EFFECTIVE ACTION TO PREVENT THE FORMATION OF AIRBORNE DUST NUISANCE AND SHALL BE RESPONSIBLE FOR ANY DAMAGE RESULTING FROM HIS FAILURE TO DO SO. 5. THE CONTRACTOR SHALL NOT CLOSE BOTH ADJACENT PARKING LOTS AT ONCE (IE, BOTH LINDA MAR LOTS CANNOT BE CLOSED AT THE SAME TIME, OR BOTH ROCKAWAY LOTS CANNOT BE CLOSED AT THE SAME TIME) 6. THE CONTRACTOR SHALL PROVIDE ALL LIGHTS, SIGNS, BARRICADES, FLAGGERS OR OTHER DEVICES NECESSARY TO PROVIDE SAFETY. 7. THE CONTRACTOR SHALL POST EMERGENCY TELEPHONE NUMBER FOR POLICE, FIRE, AMBULANCE, AND THOSE AGENCIES RESPONSIBLE FOR MAINTENANCE OF UTILITIES IN THE VICINITY OF THE JOB SITE. 8. ALL EXISTING UTILITIES AND IMPROVEMENTS THAT BECOME DAMAGED DURING CONSTRUCTION SHALL BE COMPLETELY RESTORED TO THE SATISFACTION OF THE ENGINEER AND THE OWNER THEREOF, AT THE CONTRACTOR'S SOLE EXPENSE. 9. THE CONTRACTOR SHALL COMPLY WITH AND FOLLOW ALL NPDES REQUIREMENTS IN EFFECT AT THE TIME OF CONSTRUCTION. 10. SHOULD IT APPEAR THAT THE WORK TO BE DONE OR ANY MATTER RELATIVE THERETO IS NOT SUFFICIENTLY DETAILED OR EXPLAINED ON THESE PLANS, THE CONTRACTOR SHALL CONTACT RYAN MARQUEZ AT 650-738-3769 FOR SUCH FURTHER EXPLANATIONS AS MAY BE NECESSARY. 11. CONTRACTOR SHALL POSSESS A VALID CLASS A LICENSE AT THE TIME OF AWARD OF THE CONTRACT. PROJECT NOTES: 1A. OWNER: CITY OF PACIFICA 1B. ENGINEER: RYAN MARQUEZ 2. THE CONTRACTOR IS RESPONSIBLE FOR MATCHING EXISTING STREETS, SURROUNDING LANDSCAPE AND OTHER IMPROVEMENTS WITH A SMOOTH TRANSITION IN PAVING, CURBS, GUTTERS, SIDEWALKS, GRADING, ETC. AND TO AVOID ANY ABRUPT OR APPARENT CHANGES IN GRADES OR CROSS SLOPES, LOW SPOTS OR HAZARDOUS CONDITIONS. 3. ALL WORK SHALL BE DONE BETWEEN THE HOURS OF 8:00 AM AND 5:00 PM, MONDAY THROUGH FRIDAY, UNLESS APPROVED IN WRITING BY THE CITY ENGINEER. NO CONSTRUCTION SHALL BE PERMITTED ON FEDERAL HOLIDAYS. CONSTRUCTION NOTES: 1. ALL CONSTRUCTION MATERIALS AND METHODS SHALL COMPLY WITH THE ORDINANCES, SPECIFICATIONS, AND STANDARDS OF THE CITY OF PACIFICA. 2. TRAFFIC CONTROL MAINTENANCE AND OPERATION SHALL COMPLY WITH THE FOLLOWING STATE STANDARD SPECIFICATIONS: SECTION 7-1.09 "PUBLIC SAFETY", 7-1.08 "PUBLIC CONVENIENCE", AND SECTION 12, "CONSTRUCTION AREA TRAFFIC CONTROL DEVICES". 3. EXISTING CURB, SIDEWALK, DRIVEWAY, LANDSCAPE OR OTHER IMPROVEMENTS THAT ARE DAMAGED OR DISPLACED, EVEN THOUGH THEY WERE NOT TO BE REMOVED, SHALL BE REPAIRED OR REPLACED EVEN IF DAMAGE OR DISPLACEMENT OCCURRED PRIOR TO ANY WORK PERFORMED BY THE CONTRACTOR. 4. MANHOLES, WATER VALVE BOXES, AND CLEANOUT FRAMES AND COVERS SHALL BE BROUGHT TO FINISH GRADE BY THE CONTRACTOR AFTER PAVING IS COMPLETED. 5. CONTRACTOR IS RESPONSIBLE TO HAVE A REGISTERED LAND SURVEYOR IN RESETTING EXISTING MONUMENTS THAT ARE DISPLACED DURING CONSTRUCTION. 6. REPLACE ALL EXISTING SIGNS AND STRIPING DAMAGED BY CONSTRUCTION IN KIND AT THE EXACT LOCATION OF THE EXISTING SIGN OR STRIPING PER THE CITY OF PACIFIC GENERAL AND TECHNICAL SPECIFICATIONS. 7. CONTRACTOR SHALL SUBMIT A CLOSURE AND WORKPLAN AT MINIMUM TWO WEEKS BEFORE COMMENCING WORK. THIS PLAN SHALL INCLUDE LANGUAGE AND PLACEMENT OF CMS BOARDS TO BE PLACED BEFORE AND DURING WORK. 8. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING AND GETTING PERMISSION FOR STAGING AREA.. 9. CONTRACTOR IS RESPONSIBLE FOR INFORMING PROJECT ENGINEER 24 HOURS BEFORE ANY REQUIRED INSPECTION OF BACKFILL, PAVING, OR COATING. 10. STRIPING LAYOUT MUST BE FIELD APPROVED BY ENGINEER BEFORE THERMOPLASTIC PLACEMENT. 11. SIGN CLEARANCE MUST BE 7' FROM FINISHED GRADE.. POLE EXTENSIONS AND MOVING OF EXISTING SIGNS MAY BE NEEDED TO ACCOMMODATE NEW SIGNS. DATE CITY OF PACIFICA PUBLIC WORKS / ENGINEERING DIVISION APPROVED BY: DESIGNED BY: DRAWN BY: CHK'D BY: REV. R E V I S I O N S DESCRIPTION BY PLAN NO. RDD 7-14-21 SCALE: RDD RDD SB NTS NOTES 2 SEAL COAT PROJECT FY 2021-22 BEACH PARKING 11.b Packet Pg. 179 Attachment: Attachment 2 - Project Plans (4937 : FY 2021-22 Beach Parking Lots Seal Coat Project)

STOP STOPKEEP CLEAR

NO PARKING

NO PARKING
NO PARKING NO PARKING NO PARKING LEGEND 4" DIG OUT & ASPHALT CONCRETE PAVING KEYNOTES 121. PROTECT EXISTING MANHOLES, METERS AND EXISTING UTILITIES IN PLACE. 2. PROTECT EXISTING SURFACE FEATURES AND STRUCTURES IN PLACE. 3. SIGN CLEARANCE MUST BE 7' FROM FINISHED GRADE WHEN ADJACENT TO PUBLIC ACCESS.. POLE EXTENSIONS AND MOVING OF EXISTING SIGNS MAY BE NEEDED TO ACCOMMODATE NEW SIGNS. NOTES LEVEL PAVEMENT BASE REPAIR UP TO TRASH RACKS PAVEMENT COATING PACIFICA STATE BEACH NORTH PARKING LOT PAVEMENT COAT EXIST. PARKING LOT NEW THERMOPLASTIC LINES REMOVE & REPLACE (N) POLES IN SIDEWALK EXISTING SIGN LEGEND: STOP BEACH PARKING REGULATION BEACH PARKING REGULATION BEACH PARKING REGULATION PACIFICA STATE BEACH PARKING R100B (CA) ACCESSIBLE PARKING R99B (CA) BEACH PARKING REGULATION BEACH PARKING REGULATION BEACH PARKING REGULATION BEACH PARKING REGULATION ACCESSIBLE PARKING R99B (CA) ACCESSIBLE PARKING R99B (CA) BEACH PARKING REGULATION ACCESSIBLE PARKING R99B (CA) ACCESSIBLE PARKING R99B (CA) ACCESSIBLE PARKING R99B (CA) BEACH PARKING REGULATION BEACH PARKING REGULATION PACIFICA STATE BEACH PARKING R100B (CA) DATE CITY OF PACIFICA PUBLIC WORKS / ENGINEERING DIVISION APPROVED BY: DESIGNED BY: DRAWN BY: CHK'D BY: REV. R E V I S I O N S DESCRIPTION BY PLAN NO. RDD 7-14-21 SCALE: RDD RDD SB 1"=50'-0" PACIFICA STATE BEACH NORTH LOT 3 SEAL COAT PROJECT FY 2021-22 BEACH PARKING STRIPING NOTES 1. AISLE WIDTHS TO BE 25' MIN. 2. STALL WIDTH TO BE 9' 3. STALL LENGTH TO ME 16' MIN, UP TO 19' WHERE POSSIBLE 4. ALL ADA PARKIGN SPACES TO FOLLOW CALTRANS STD DETAIL RSP A90A STRIPING - SEE SHEET 7 SIGNS TO BE ADDED (N) POLE AND SIGN 11.b Packet Pg. 180 Attachment: Attachment 2 - Project Plans (4937 : FY 2021-22 Beach Parking Lots Seal Coat Project) STOP STOP NO PARKING 11+00 1 2 SMH WATER NO PARKING NO PARKING LEGEND 4" DIG OUT & ASPHALT CONCRETE PAVING KEYNOTES 121. PROTECT EXISTING MANHOLES, METERS AND EXISTING UTILITIES IN PLACE. 2. PROTECT EXISTING SURFACE FEATURES AND STRUCTURES IN PLACE. 3. SIGN CLEARANCE MUST BE 7' FROM FINISHED GRADE WHEN ADJACENT TO PUBLIC ACCESS.. POLE EXTENSIONS AND MOVING OF EXISTING SIGNS MAY BE NEEDED TO ACCOMMODATE NEW SIGNS. NOTES LEVEL PAVEMENT BASE REPAIR UP TO TRASH RACKS PAVEMENT COATING PACIFICA STATE BEACH SOUTH PARKING LOT PAVEMENT COAT EXIST. PARKING LOT NEW THERMOPLASTIC STRIPES REMOVE & REPLACE POLES SIGN LEGEND: BEACH PARKING REGULATION BEACH PARKING REGULATION PACIFICA STATE BEACH PARKING BEACH PARKING REGULATION R99B (CA) BEACH PARKING REGULATION ONE WAY BEACH PARKING REGULATION BEACH PARKING REGULATION ACCESSIBLE PARKING R99B (CA) ACCESSIBLE PARKING R99B (CA) ACCESSIBLE PARKING R99B (CA) BEACH PARKING REGULATION BEACH PARKING REGULATION ONE WAY BEACH PARKING REGULATION DATE CITY OF PACIFICA PUBLIC WORKS / ENGINEERING DIVISION APPROVED BY: DESIGNED BY: DRAWN BY: CHK'D BY: REV. R E V I S I O N S DESCRIPTION BY PLAN NO. RDD 7-14-21 SCALE: RDD RDD SB 1"=30'-0" PACIFICA STATE BEACH SOUTH LOT 4 SEAL COAT PROJECT FY 2021-22 BEACH PARKING STRIPING NOTES 1. AISLE WIDTHS TO BE 20' MIN. FOR ONE WAY & 25' FOR TWO WAY. 2. STALL WIDTH TO BE 9' 3. STALL LENGTH TO ME 16' MIN, UP TO 19' WHERE POSSIBLE 4. ALL ADA PARKIGN SPACES TO FOLLOW CALTRANS STD DETAIL RSP A90A STRIPING - SEE SHEET 7 SIGNS TO BE ADDED 11.b Packet Pg. 181 Attachment: Attachment 2 - Project Plans (4937 : FY 2021-22 Beach Parking Lots Seal Coat Project) LEGEND 4" DIG OUT & ASPHALT CONCRETE PAVING KEYNOTES 121. PROTECT EXISTING MANHOLES, METERS AND EXISTING UTILITIES IN PLACE. 2. PROTECT EXISTING SURFACE FEATURES AND STRUCTURES IN PLACE. 3. SIGN CLEARANCE MUST BE 7' FROM FINISHED GRADE WHEN ADJACENT TO PUBLIC ACCESS.. POLE EXTENSIONS AND MOVING OF EXISTING SIGNS MAY BE NEEDED TO ACCOMMODATE NEW SIGNS. NOTES LEVEL PAVEMENT BASE REPAIR UP TO TRASH RACKS PAVEMENT COATING NO PARKING NO PARKING NO PARKING NO PARKING NO
PARKING NO PARKING ROCKAWAY BEACH NORTH PARKING LOT PAVEMENT COAT EXIST. PARKING LOT NEW THERMOPLASTIC STRIPES SIGN LEGEND: BEACH PARKING REGULATION ACCESSIBLE PARKING R99B (CA) BIKE LANE R100B (CA) PUMP STATION PET WASTE BEACH WARNING ACCESSIBLE PARKING R99B (CA) ACCESSIBLE PARKING R99B (CA) (N) ACCESSIBLE PARKING R99B (CA) DATE CITY OF PACIFICA PUBLIC WORKS / ENGINEERING DIVISION APPROVED BY: DESIGNED BY: DRAWN BY: CHK'D BY: REV. R E V I S I O N S DESCRIPTION BY PLAN NO. RDD 7-14-21 SCALE: RDD RDD SB 1"=30'-0" ROCKAWAY BEACH NORTH LOT 5 SEAL COAT PROJECT FY 2021-22 BEACH PARKING STRIPING NOTES 1. AISLE WIDTHS TO BE 20' MIN. . 2. STALL WIDTH TO BE 9' 3. STALL LENGTH TO ME 16' MIN WHERE MARKED, 19' OTHERWISE. 4. ALL ADA PARKIGN SPACES TO FOLLOW CALTRANS STD DETAIL RSP A90A STRIPING - SEE SHEET 7 (N) POLE AND SIGN SIGNS TO BE ADDED 11.b Packet Pg. 182 Attachment: Attachment 2 - Project Plans (4937 : FY 2021-22 Beach Parking Lots Seal Coat Project) LEGEND 4" DIG OUT & ASPHALT CONCRETE PAVING KEYNOTES
121. PROTECT EXISTING MANHOLES, METERS AND EXISTING UTILITIES IN PLACE. 2. PROTECT EXISTING SURFACE FEATURES AND STRUCTURES IN PLACE. 3. SIGN CLEARANCE MUST BE 7' FROM FINISHED GRADE WHEN ADJACENT TO PUBLIC ACCESS.. POLE EXTENSIONS AND MOVING OF EXISTING SIGNS MAY BE NEEDED TO ACCOMMODATE NEW SIGNS. NOTES LEVEL PAVEMENT BASE REPAIR UP TO TRASH RACKS PAVEMENT COATING NO

PARKING
NO
PARKING ROCKAWAY BEACH SOUTH PARKING LOT NEW THERMOPLASTIC MARKINGS SIGN LEGEND: NARROW ROAD PET WASTE BEACH PARKING REGULATION BEACH PARKING REGULATION R100B (CA) FOOT PATH BEACH WARNING FOOT PATH DATE CITY OF PACIFICA PUBLIC WORKS / ENGINEERING DIVISION APPROVED BY: DESIGNED BY: DRAWN BY: CHK'D BY: REV. R E V I S I O N S DESCRIPTION BY PLAN NO. RDD 7-14-21 SCALE: RDD RDD SB 1"=30'-0" ROCKAWAY BEACH BEACH SOUTH LOT 6 SEAL COAT PROJECT FY 2021-22 BEACH PARKING STRIPING NOTES 1. AISLE WIDTHS TO BE 25' WHERE POSSIBLE, 23' MINIMUM TO ACCOMODATE ADA SPOTS. 2. STALL WIDTH TO BE 9' ON WEST ISLE AND 8' ON SOUTH ISLE 3. STALL LENGTH TO BE MIN 16', UP TO 19' WHERE 25' ISLE WIDTH CAN BE ACCOMODATED, AND 19' FOR ADA SPACES. 4. ALL ADA PARKIGN SPACES TO FOLLOW CALTRANS STD DETAIL RSP A90A STRIPING - SEE SHEET 7 (N) POLE AND SIGN SIGNS TO BE ADDED (N) ACCESSIBLE PARKING R99C (CA) (N) ACCESSIBLEPARKING R99C (CA) (N) POLE AND SIGN (N) ACCESSIBLEPARKING R99C (CA)11.b Packet Pg. 183 Attachment: Attachment 2 - Project Plans (4937 : FY 2021-22 Beach Parking Lots Seal Coat Project) DATE CITY OF PACIFICA PUBLIC WORKS / ENGINEERING DIVISION APPROVED BY: DESIGNED BY: DRAWN BY: CHK'D BY: REV. R E V I S I O N S DESCRIPTION BY PLAN NO. RDD 7-14-21 SCALE: RDD RDD SB 1"=30'-0" ACCESSIBLE PARKING 7 SEAL COAT PROJECT FY 2021-22 BEACH PARKING 11.b Packet Pg. 184 Attachment: Attachment 2 - Project Plans (4937 : FY 2021-22 Beach Parking Lots Seal Coat Project) DATE CITY OF PACIFICA PUBLIC WORKS / ENGINEERING DIVISION APPROVED BY: DESIGNED BY: DRAWN BY: CHK'D BY: REV. R E V I S I O N S DESCRIPTION BY PLAN NO. RDD 7-14-21 SCALE: RDD RDD SB 1"=30'-0" SIGN DETAIL 8 SEAL COAT PROJECT FY 2021-22 BEACH PARKING DRILL 516" x 4" MACHINE SCREW OR BOLT TO RESIST TURNING 2500 PSI 3 4" AGGREGATE CONCRETE 2" DIA GALV. STEEL PIPE GROUND LEVEL 10,000 PSI GROUT 2" DIA GALV. STEEL PIPE GROUND LEVEL CROWNED TOP & SEAL 11.b Packet Pg. 185
Attachment: Attachment 2 - Project Plans (4937 : FY 2021-22 Beach Parking Lots Seal Coat Project) DATE CITY OF PACIFICA PUBLIC WORKS / ENGINEERING DIVISION APPROVED BY: DESIGNED BY: DRAWN BY: CHK'D BY: REV. R E V I S I O N S DESCRIPTION BY PLAN NO. RDD 7-14-21 SCALE: RDD RDD SB NTS BMP'S 9 SEAL COAT PROJECT FY 2021-22 BEACH PARKING 11.b Packet Pg. 186 Attachment: Attachment 2 - Project Plans (4937 : FY 2021-22 Beach Parking Lots Seal Coat Project)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/11/2022
1 SUBJECT:

Pacifica Pier Repairs – Coastal Conservancy Required Resolution RECOMMENDED ACTION:

Adopt Resolution approving the application of specified State of California grant funds in the amount of $260,000 for the Pacifica Municipal Pier Repair.

STAFF CONTACT:

Ryan Marquez, P.E., Associate Civil Engineer
(650) 738-3769
[email protected]
Sam Bautista, P.E., Deputy Director of Public Works
(650) 738-3771
[email protected]
Lisa Petersen, P.E., Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

On January 14, 2021, a combination of high tides and large waves damaged a forty-foot section of the Pacifica Municipal Pier’s west facing deck and concrete railing. The City’s Public Works Engineering Division assessed the Pier damage and prepared a pier condition assessment report. The report states the section of the Pier running parallel to the shoreline, where the railing was broken from the Pier deck, will need to be fenced off and closed to public access. The report also notes that railing sections identified as severely damaged that are within the area of the pier running perpendicular to the shoreline must be repaired within a year period and the majority of railings needed to be replaced within 5-10 years.

The City sought funding through the State and the Wildlife Conservation Board to repair the pier based on the assessment. On July 12, 2021, the State of California, through Senate Bill 129, allocated grant funds in the amount of $500,000 to repair the forty-foot fallen pier railing section and those railing sections deemed severely damaged. Unfortunately, the City was not awarded funds through the Wildlife Conservation Board.

After further Engineering assessment done by the City’s consultant for this project, GHD, Inc., it is believed there may be a cost and time savings to replacing all the pier railings at this time rather than replacing the needed railings now and then returning in the next 5 years to replace more of the railings. However, there was still a budget deficit for this project. Staff reached out to Coastal Conservancy staff to apply for funding replacement of all the railings. Coastal Conservancy has long been a supporter of the Pacifica Pier helping with maintenance and 12 Packet Pg. 187
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upgrades over the Pier’s lifespan as they recognize the Pier provides a unique free coastal experience. Coastal Conservancy staff verbally agreed to $260,000 in construction funding following official Board approval scheduled for May 2022.

In order to be eligible for this funding, the City must pass the attached resolution approving the application for funding, stating that the City has sufficient funds to complete and maintain the project, and authorize the City Manager to act on behalf of the City to negotiate and execute all agreements to comply with the grant. The City Manager recommends adopting the resolution to initiate the process to receive the $260,000 to repair the pier.

As a small update on this project, the City is currently working with Coastal Commission staff on permitting. Staff is aiming to begin construction in summer near or at the close of crab season.

Staff believes this work could take 4-5 months and will need the pier closed. Staff will continue to assess ways to shorten this construction period while keeping the project within budget. Staff has been in contact with the business owners at the Pier and will ensure there is ample notice and information to all regarding closures.

ALTERNATIVE ACTION:

Council may choose not to adopt the resolution; however, this will result in a deficit in available pier repair funding that will need to be addressed in another manner.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the construction contract is consistent with the following Council adopted Goals:
· Stewardship of City Infrastructure: includes repairing/replacing outdated city facilities such as city hall, the libraries, fire stations, etc., improving streets, and responding to impacts of sea level rise. Adopting the resolution will allow for the repair of the existing pier.

FISCAL IMPACT:

There is no fiscal impact associated with this action. With this additional funding, the project construction estimate is covered under grant funds. However, the actual construction cost won’t be known until bids are received. Construction management costs, estimated to be $150,000- $200,000, will need to be funded through City funds.

ORIGINATED BY:

Engineering
ATTACHMENT LIST:
12 Packet Pg. 188
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RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

APPROVING THE APPLICATION FOR SPECIFIED GRANT FUNDS

FOR THE PACIFICA PIER REPAIR PROJECT
_____________________________________________________________________ WHEREAS, the Legislature of the State of California has established the State Coastal Conservancy (“Conservancy”) under Division 21 of the California Public Resources Code, and has authorized the Conservancy to award grants to public agencies and nonprofit organizations to implement the provisions of Division 21; and
WHEREAS, the Conservancy awards grants for projects that it determines are consistent with Division 21 of the Public Resources Code and with the Conservancy’s Strategic Plan and that best achieve the Conservancy’s statutory objectives, in light of limited funding.

WHEREAS, the City of Pacifica (“applicant”) has applied for or intends to apply for Conservancy grant funding for Pacifica Pier Repairs (“the project”).

WHEREAS, the Conservancy encourages applicants for grant funding to certify through a resolution the applicant’s approval of the application and of certain listed assurances at the time of submission of an application to the Conservancy for an award of grant funds.

NOW, THEREFORE, BE IT RESOLVED that the applicant hereby:

1. Approves the filing of an application for funding by the Conservancy.

2. Has or will have sufficient funds to complete and, following completion, to operate and maintain any property acquired under the project or to operate and maintain any facilities funded as part of the project for a reasonable period, not less than the useful life of the facilities.

3. Agrees to provide any funds beyond the Conservancy grant funds necessary to complete the project.

4. Authorizes the following named officer or employee of the applicant to act as a representative of the applicant and to negotiate and execute on behalf of the grantee all agreements and instruments necessary to comply with the Conservancy's grant requirements, including, without limitation, the grant agreement: Kevin Woodhouse, City Manager.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 11th day of April 2022, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
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Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 12 Packet Pg. 190

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/11/2022
1 SUBJECT:

Introduction of an Ordinance Amending Section 4-7.1901, “Removal or towing of vehicles” of Article 19 within Chapter 7, “Traffic” of Title 4 of the Pacifica Municipal Code Related to the Removal of Vehicles Illegally Parked on City Streets in Spaces Designated for Preferential Parking (Status: CEQA Exempt)
RECOMMENDED ACTION:

Move to Introduce by Title Only and Waive further reading of “An Ordinance of the City Council of the City of Pacifica Amending Section 4-7.1901, “Removal or towing of vehicles” of Article 19 within Chapter 7, “Traffic” of Title 4 of the Pacifica Municipal Code Related to the Removal of Vehicles Illegally Parked on City Streets in Spaces Designated for Preferential Parking and finding the ordinance exempt under the California Environmental Quality Act.

STAFF CONTACT:

Daniel Steidle, Chief of Police
(650) 738-7314
[email protected]
Sam Bautista, Deputy Director of Public Works
(650) 738-3771
[email protected]
Ryan Marquez, Associate Civil Engineer
(650) 738-3767
[email protected]
BACKGROUND/DISCUSSION:

California Vehicle Code section 22507 authorizes the City to adopt ordinances or resolutions, to prohibit or restrict the stopping, parking, or standing of vehicles and to authorize preferential parking for designated groups. The California Vehicle Code also provides peace officers the authority to tow vehicles under certain circumstances. Vehicle Code section 22651(n) states the following:
“A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(n) Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), a vehicle shall not be removed unless signs are 13 Packet Pg. 191
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posted giving notice of the removal.”
The City’s Municipal Code designates specific circumstances under which a vehicle may be towed. Pacifica Municipal Code section 4-7.1901 currently provides that a police officer may remove or cause to be removed a vehicle from any public street or public alley within the City limits to the nearest public garage or other place of safety, or to a garage designated or maintained by the City, under certain circumstances. Those circumstances include when a vehicle is illegally parked on a public street or public alley in violation of a City ordinance forbidding standing or parking and the use of the public street or public alley is necessary for the cleaning, repair, or construction, among others.

Staff is proposing that PMC section 4-7.1901 be amended to allow towing for any vehicle that illegally parks in a parking space designated for preferential parking, including but not limited to the Temporary Safe Parking Program as set forth in Section 4-7.1207. These types of preferential parking programs, established by ordinance or resolution in accordance with Vehicle Code 22507, cannot be effective if the parking spaces are not actually available to the program participants. As a result, staff is recommending that PMC section 4-7.1901 be amended to specify that if a vehicle is parked in a space designated as part of a preferential parking program, without clear display of a valid permit, that vehicle can be removed. The proposed amendment would also require that signs be posted indicating that an illegally parked vehicle would be towed.

CEQA:

Introduction of the proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15061(b)(3) of the CEQA Guidelines (14 Cal.

Code Regs. 15000 et seq.) because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment.

ALTERNATIVE ACTION:

The City Council could choose not to introduce the proposed amendments to the ordinance, and provide staff further direction.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
“A Healthy and Compassionate Community” includes addressing health and safety issues created by parking of motorhomes in City streets as well as continuing to work with homeless community members to connect them with services.
“Maintaining a Safe Community” includes addressing health and safety issues created by parking of motorhomes in City streets.

FISCAL IMPACT:

This action will not result in any direct fiscal impact.

ORIGINATED BY:

Police
13 Packet Pg. 192
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ATTACHMENT LIST:

Attachment A - Proposed Ordinance Redline (PDF)
13 Packet Pg. 193
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April 11, 2022
ORDINANCE NO. (ID # 4946)
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA AMENDING SECTION 4-7.1901, “REMOVAL OR TOWING OF VEHICLES” OF ARTICLE 19 WITHIN CHAPTER 7, “TRAFFIC” OF TITLE 4 OF THE PACIFICA MUNICIPAL CODE RELATING TO

REMOVAL OF VEHICLES ILLEGALLY PARKED ON CITY STREETS IN SPACES

DESIGNATED FOR PREFERENTIAL PARKING
WHEREAS, California Vehicle Code section 22507 authorizes the City to adopt ordinances or resolutions, to prohibit or restrict the stopping, parking, or standing of vehicles and to authorize preferential parking for designated groups; and WHEREAS, California Vehicle Code also provides peace officers the authority to tow vehicles under certain circumstances and Vehicle Code section 22651(n) provides that a peace officer, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles so long as signs are posted; and
WHEREAS, the City’s Municipal Code currently designates specific circumstances under which a vehicle may be towed; and
WHEREAS, Pacifica Municipal Code section 4-7.1901 currently provides that a police officer may remove or cause to be removed a vehicle from any public street or public alley within the City limits to the nearest public garage or other place of safety, or to a garage designated or maintained by the City and specifies the circumstances under which a vehicle may be removed; and
WHEREAS, staff is recommending that Pacifica Municipal Code section 4-7.1901 be amended to allow towing for any vehicle that illegally parks in a parking space designated for a preferential parking program, including but not limited to, the Temporary Safe Parking Program as set forth in Section 4-7.1207 and any other preferential parking program that the City may adopt in the future; and
WHEREAS, in order for the preferential parking programs to be effective the parking spaces must be available to the program participants and thus the City must be able to remove vehicles that are parked without clear display of a valid permit, if necessary.

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

Section 1. Recitals. The City Council of the City of Pacifica does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance.

Section 2. Amended. Section 4-7.1901, “Removal or towing of vehicles” of Article 19 within Chapter 7, “Traffic” of Title 4 of the Pacifica Municipal Code is hereby amended by repealing Section 4-7.1901 in its entirety and replacing that Section to read as follows:
“Sec. 4-7.1901. –Removal or towing of vehicles.
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(a) Any police officer may remove or cause to be removed a vehicle from any public street or public alley within the City limits to the nearest public garage or other place of safety, or to a garage designated or maintained by the City, under any of the following circumstances:
(1) When a vehicle is parked or left standing where the City, by resolution or ordinance, has prohibited parking and has authorized the removal of vehicles and has posted signs giving notice of such removal;
(2) When a vehicle is illegally parked on a public street or public alley in violation of a City ordinance forbidding standing or parking and the use of the public street or public alley or portion thereof is necessary for the cleaning, repair, or construction of the public street or public alley, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least twenty-four (24) hours prior to the removal by the authorities of the City pursuant to this section;
(3) When a vehicle is parked where the use of the public street or public alley or any portion thereof is authorized by the City for purposes other than the normal flow of traffic; or for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would interfere with such use or movement and signs giving notice that such vehicle may be removed are erected or placed at least twenty-four (24) hours prior to the removal by the authorities of the City pursuant to this section.
(4) In the event a vehicle is parked or left standing on a public street or parking space that has been designated to be a part of a preferential parking program, including but not limited to the Safe Parking Program as set forth in Section 4-

7.1207, without clear display of a valid permit and where signs have been posted giving notice that unauthorized vehicles may be removed, any member of the Police Department may immediately remove, or cause the immediate removal of, the vehicle in the manner provided in and subject to the requirements of, the Vehicle Code of the State and this Municipal Code.”
Section 3. Compliance with CEQA. The City Council hereby finds that the action to adopt this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15061(b)(3) of the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment.

Section 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Section 5. Publication. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance by the City Council of the City of Pacifica, California, and cause the same to be published in accordance with State law.

Section 6. Effective Date. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.
13 Packet Pg. 195
Pacifica City Council 6
April 11, 2022
PASSED AND ADOPTED this ______ day of ___________________, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 13 Packet Pg. 196
Pacifica City Council 7
April 11, 2022
* * * * *
(ID # 4946) at 4/11/2022 7:00 PM City Council Regular Meeting 13 Packet Pg. 197
Created: 2022-02-07 10:50:11 [EST]
(Supp. No. 51)

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Pacifica City CouncilApril 11, 2022

Pacifica City Council
April 11, 2022